Okla. Stat. tit. 43A, § 43A-3-315.1 — OK Code / Title 43A / Section 43A-3-315.1
Supportive assistance services for residents of
Status: in_force

facilities.

The Department of Mental Health and Substance Abuse Services

shall, with funds appropriated for community residential mental

health facilities, develop and implement procedures that offer all

residential care facilities that meet licensure requirements the

opportunity to become certified and to contract for socialization or

other supportive assistance services to residents authorized by the

Department of Mental Health and Substance Abuse Services as needing

those services. The funds provided for each client for supportive

assistance or socialization shall follow the client in any

residential setting.
Okla. Stat. tit. 43A, § 43A-903 — OK Code / Title 43A / Section 43A-903
Renumbered as § 3-503 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.

Oklahoma Statutes - Title 43A. Mental Health Page 268
Okla. Stat. tit. 43, § 43-601-609 — OK Code / Title 43 / Section 43-601-609
Procedure to register child support order of another
Status: in_force

state for modification.

A party or support enforcement agency seeking to modify, or to

modify and enforce, a child support order issued in another state

shall register that order in this state in the same manner provided

in Sections 601-601 through 601-608 of this article if the order has

not been registered. A petition for modification may be filed at

the same time as a request for registration or later. The pleading

must specify the grounds for modification.
Okla. Stat. tit. 43A, § 43A-661 — OK Code / Title 43A / Section 43A-661
Renumbered as § 3-603 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.

Oklahoma Statutes - Title 43A. Mental Health Page 266
Okla. Stat. tit. 43A, § 43A-10-102 — OK Code / Title 43A / Section 43A-10-102
Purpose
Status: in_force

A. The Legislature recognizes that many citizens of this state,

because of the infirmities of aging, incapacity, or other disability

are unable to manage their own affairs or to protect themselves from

exploitation, abuse, or neglect and are in need of protective

services.

B. Services provided pursuant to the provisions of the

Protective Services for Vulnerable Adults Act shall guarantee, to

the maximum degree of feasibility, the individual the same rights as

other citizens, and at the same time protect the individual from

exploitation, abuse, or neglect.

C. The Protective Services for Vulnerable Adults Act is

designed to establish a program of protective services for

vulnerable adults in need of those services.
Okla. Stat. tit. 43, § 43-601-102 — OK Code / Title 43 / Section 43-601-102
Definitions
Status: in_force

Oklahoma Statutes - Title 43. Marriage and Family Page 174

In this act:

1. "Child" means an individual, whether over or under the age

of majority, who is or is alleged to be owed a duty of support by

the individual's parent or who is or is alleged to be the

beneficiary of a support order directed to the parent;

2. "Child support order" means a support order for a child,

including a child who has attained the age of majority under the law

of the issuing state or foreign country;

3. "Convention" means the Convention on the International

Recovery of Child Support and Other Forms of Family Maintenance,

concluded at The Hague on November 23, 2007;

4. "Duty of support" means an obligation imposed or imposable

by law to provide support for a child, spouse or former spouse,

including an unsatisfied obligation to provide support;

5. "Foreign country" means a country, including a political

subdivision thereof, other than the United States, that authorizes

the issuance of support orders and:

a. which has been declared under the law of the United

States to be a foreign reciprocating country,

b. which has established a reciprocal arrangement for

child support with this state as provided in Section

601-308 of this title,

c. which has enacted a law or established procedures for

the issuance and enforcement of support orders which

are substantially similar to the procedures under this

act, or

d. in which the Convention is in force with respect to

the United States;

6. "Foreign support order" means a support order of a foreign

tribunal;

7. "Foreign tribunal" means a court, administrative agency or

quasi-judicial entity of a foreign country which is authorized to

establish, enforce or modify support orders or to determine

parentage of a child. The term includes a competent authority under

the Convention;

8. "Home state" means the state or foreign country in which a

child lived with a parent or a person acting as parent for at least

six (6) consecutive months immediately preceding the time of filing

of a petition or comparable pleading for support and, if a child is

less than six (6) months old, the state or foreign country in which

the child lived from birth with any of them. A period of temporary

absence of any of them is counted as part of the six-month or other

period;

9. "Income" includes earnings or other periodic entitlements to

money from any source and any other property subject to withholding

for support under the law of this state;

Oklahoma Statutes - Title 43. Marriage and Family Page 175

10. "Income-withholding order" means an order or other legal

process directed to an obligor's employer or other debtor, as

defined by the income-withholding law of this state, to withhold

support from the income of the obligor;

11. "Initiating tribunal" means the tribunal of a state or

foreign country from which a petition or comparable pleading is

forwarded or in which a petition or comparable pleading is filed for

forwarding to another state or foreign country;

12. "Issuing foreign country" means the foreign country in

which a tribunal issues a support order or a judgment determining

parentage of a child;

13. "Issuing state" means the state in which a tribunal issues

a support order or a judgment determining parentage of a child;

14. "Issuing tribunal" means the tribunal that issues a support

order or a judgment determining parentage of a child;

15. "Law" includes decisional and statutory law and rules and

regulations having the force of law;

16. "Obligee" means:

a. an individual to whom a duty of support is or is

alleged to be owed or in whose favor a support order

or a judgment determining parentage of a child has

been issued,

b. a foreign country, state or political subdivision of a

state to which the rights under a duty of support or

support order have been assigned or which has

independent claims based on financial assistance

provided to an individual obligee in place of child

support,

c. an individual seeking a judgment determining parentage

of the individual's child, or

d. a person that is a creditor in a proceeding under

Article 7;

17. "Obligor" means an individual or the estate of a decedent

that:

a. owes or is alleged to owe a duty of support,

b. is alleged but has not been adjudicated to be a parent

of a child,

c. is liable under a support order, or

d. is a debtor in a proceeding under Article 7;

18. "Outside this state" means a location in another state or a

country other than the United States, whether or not the country is

a foreign country;

19. "Person" means an individual, corporation, business trust,

estate, trust, partnership, limited liability company, association,

joint venture, public corporation, government or governmental

subdivision, agency or instrumentality, or any other legal or

commercial entity;

Oklahoma Statutes - Title 43. Marriage and Family Page 176

20. "Record" means information that is inscribed on a tangible

medium or that is stored in an electronic or other medium and is

retrievable in perceivable form;

21. "Register" means to record or file in a tribunal of this

state a support order or judgment determining parentage of a child

issued in another state or a foreign country;

22. "Registering tribunal" means a tribunal in which a support

order or judgment determining parentage of a child is registered;

23. "Responding state" means a state in which a petition or

comparable pleading for support or to determine parentage of a child

is filed or to which a petition or comparable pleading is forwarded

for filing from another state or a foreign country;

24. "Responding tribunal" means the authorized tribunal in a

responding state or foreign country;

25. "Spousal support order" means a support order for a spouse

or former spouse of the obligor;

26. "State" means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands or any

territory or insular possession under the jurisdiction of the United

States. The term includes an Indian nation or tribe;

27. "Support enforcement agency" means a public official,

governmental entity, or private agency authorized to:

a. seek enforcement of support orders or laws relating to

the duty of support,

b. seek establishment or modification of child support,

c. request determination of parentage of a child,

d. attempt to locate obligors or their assets, or

e. request determination of the controlling child support

order;

28. "Support order" means a judgment, decree, order, decision,

or directive, whether temporary, final or subject to modification,

issued in a state or foreign country for the benefit of a child, a

spouse or a former spouse, which provides for monetary support,

health care, arrearages, retroactive support or reimbursement for

financial assistance provided to an individual obligee in place of

child support. The term may include related costs and fees,

interest, income withholding, automatic adjustment, reasonable

attorney fees, and other relief; and

29. "Tribunal" means a court, administrative agency, or quasi-

judicial entity authorized to establish, enforce or modify support

orders or to determine parentage of a child.
Okla. Stat. tit. 43A, § 43A-1-109 — OK Code / Title 43A / Section 43A-1-109
Confidential and privileged information - Disclosure
Status: in_force

A. 1. All mental health and drug or alcohol abuse treatment

information, whether or not recorded, and all communications between

a physician or licensed mental health professional as defined in

Section 1-103 of this title, or a licensed alcohol and drug

counselor as defined in Section 1871 of Title 59 of the Oklahoma

Statutes, and a consumer are both privileged and confidential. In

addition, the identity of all persons who have received or are

receiving mental health or drug or alcohol abuse treatment services

shall be considered confidential and privileged.

2. Such information shall only be available to persons actively

engaged in the treatment of the consumer or in related

administrative work. The information available to persons actively

engaged in the treatment of the consumer or in related

administrative work shall be limited to the minimum amount of

information necessary for the person or agency to carry out its

function.

3. Except as otherwise provided in this section, such

information shall not be disclosed to anyone not involved in the

treatment of the patient or related administrative work.

B. A person who is or has been a consumer of a physician, a

licensed mental health professional as defined in Section 1-103 of

this title, a licensed alcohol and drug counselor as defined in

Section 1871 of Title 59 of the Oklahoma Statutes, a mental health

facility, a drug or alcohol abuse treatment facility or service, or

other agency for the purpose of mental health or drug or alcohol

abuse care and treatment, or such person’s treatment advocate as

defined in Section 1-109.1 of this title, shall be entitled to

personal access to his or her mental health or drug or alcohol abuse

treatment information, except the following:

1. Information contained in notes recorded in any medium by a

mental health professional documenting or analyzing the contents of

conversation during a private counseling session or a group, joint

or family counseling session, and that is separated from the rest of

the patient's medical record;

2. Information compiled in reasonable anticipation of or for

use in a civil, criminal or administrative action or proceeding;

3. Information that is otherwise privileged or prohibited from

disclosure by law;

4. Information the person in charge of the care and treatment

of the patient determines to be reasonably likely to endanger the

life or physical safety of the patient or another person;

5. Information created or obtained as part of research that

includes treatment; provided, the patient consented to the temporary

suspension of access while the research is ongoing. The patient's

right of access shall resume upon completion of the research;

Oklahoma Statutes - Title 43A. Mental Health Page 23

6. Information requested by an inmate that a correctional

institution has determined may jeopardize the health, safety,

security, custody or rehabilitation of the inmate or other person;

and

7. Information obtained under a promise of confidentiality and

the access requested would be reasonably likely to reveal the source

of the information.

C. 1. A valid written release for disclosure of mental health

or drug or alcohol abuse treatment information shall have, at a

minimum, the following elements:

a. the specific name or general designation of the

program or person permitted to make the disclosure,

b. the name or title of the individual or the name of the

organization to which disclosure is to be made,

c. the name of the consumer whose records are to be

released,

d. the purpose of the disclosure,

e. a description of the information to be disclosed,

f. the dated signature of the consumer or authorized

representative or both when required,

g. a statement of the right of the consumer to revoke the

release in writing and a description of how the

consumer may do so,

h. an expiration date, event or condition which, if not

revoked before, shall ensure the release will last no

longer than reasonably necessary to serve the purpose

for which it is given, and

i. if the release is signed by a person authorized to act

for a consumer, a description of the authority of such

person to act.

2. A release is not valid if the document submitted has any of

the following defects:

a. the expiration date has passed or the expiration event

or condition is known to have occurred or to exist,

b. the release has not been filled out completely with

respect to an element described in paragraph 1 of this

section,

c. the release is known to have been revoked, or

d. any material information in the release is known to be

false.

3. A revocation of a release as provided in this section shall

be in writing and may be made at any time, except when:

a. information has already been released in reliance

thereon,

b. the authorization was obtained as a condition of

obtaining insurance coverage and other law provides

Oklahoma Statutes - Title 43A. Mental Health Page 24

the insurer with the right to contest a claim under

the policy or the policy itself, or

c. the release was executed as part of a criminal justice

referral.

4. Disclosure regarding a deceased consumer shall require

either a court order or a written release of an executor,

administrator or personal representative appointed by the court, or

if there is no such appointment, by the spouse of the consumer or,

if none, by any responsible member of the family of the consumer.

As used in this paragraph, "responsible family member" means the

parent, adult child, adult sibling or other adult relative who was

actively involved in providing care to or monitoring the care of the

patient as verified by the physician, psychologist or other person

responsible for the care and treatment of such person.

D. Except as otherwise permitted, mental health and alcohol or

substance abuse treatment information may not be disclosed without

valid patient authorization or a valid court order issued by a court

of competent jurisdiction. For purposes of this section, a subpoena

by itself is not sufficient to authorize disclosure of mental health

and alcohol or substance abuse treatment information.

E. An authorization shall not be required for the following

uses and disclosures, but information disclosed pursuant to one of

these exceptions must be limited to the minimum amount of

information necessary:

1. Disclosure by a health care provider of mental health

information necessary to carry out another provider's own treatment,

payment, or health care operations. Such disclosures shall be

limited to mental health information and shall not include substance

abuse information;

2. Communications to law enforcement officers regarding

information directly related to the commission of a crime on the

premises of a facility or against facility personnel, or a threat to

commit such a crime. Such communications involving persons with

substance abuse disorders shall be limited to the circumstances

surrounding the incident, consumer status, name and address of that

individual and the last-known whereabouts of that individual;

3. A review preparatory to research, research on decedents

information or research conducted when a waiver of authorization has

been approved by either an institutional review board or privacy

board;

4. Communications pursuant to a business associate agreement,

qualified service organization agreement or a qualified service

organization/business associate agreement. As used in this

paragraph:

a. "business associate agreement" means a written signed

agreement between a health care provider and an

outside entity which performs or assists in the

Oklahoma Statutes - Title 43A. Mental Health Page 25

performance of a function or activity involving the

use or disclosure of individually identifiable health

information on behalf of the health care provider,

b. "qualified service organization agreement" means a

written, signed agreement between a health care

provider and an outside entity which provides services

to the health care provider's consumers that are

different from the services provided by the health

care provider, that allows the health care provider to

communicate consumer information necessary for the

outside entity to provide services to the health care

provider's consumers without the need for an

authorization signed by a consumer and in which the

outside entity acknowledges that in receiving,

storing, processing or otherwise dealing with any

consumer information from the health care provider it

is fully bound by the provisions of 42 C.F.R., Part 2

and, if necessary, will resist any efforts in judicial

proceedings to obtain access to consumer information,

except as permitted by 42 C.F.R., Part 2, and

c. "qualified service organization/business agreement"

means a written, signed agreement between a health

care provider and an outside entity which provides

services to the health care provider's consumers that

are different from the services provided by the health

care provider, that allows the health care provider to

communicate consumer information necessary for the

outside entity to provide services to the health care

provider's consumers without the need for an

authorization signed by a consumer, and in which the

outside entity acknowledges that in receiving,

storing, processing or otherwise dealing with any

consumer information from the health care provider it

is fully bound by the provisions 42 C.F.R., Part 2

and, if necessary, will resist any efforts in judicial

proceedings to obtain access to consumer information,

except as permitted by 42 C.F.R., Part 2. The

agreement must also contain elements required by

federal privacy regulations in 45 C.F.R., Parts 160 &

164;

5. Reporting under state law incidents of suspected child abuse

or neglect to the appropriate authorities; provided, however, for

disclosures involving an individual with a substance abuse disorder,

this exception does not allow for follow-up communications;

6. Disclosure of consumer-identifying information to medical

personnel who have a need for information about a consumer for the

purpose of treating a condition which poses an immediate threat to

Oklahoma Statutes - Title 43A. Mental Health Page 26

the health of any individual and which requires immediate medical

intervention;

7. Communications necessary for audit and evaluation

activities;

8. When a program or facility director determines that an adult

person with a substance abuse disorder has a medical condition which

prevents the person from "knowing or effective action on his or her

own behalf", the program or facility director may authorize

disclosures for the sole purpose of obtaining payment for services.

If the person has been adjudicated incompetent, the facility must

seek permission to disclose information for payment from the legal

guardian;

9. Reporting of such information as otherwise required by law;

provided, however, such disclosure may not identify the person

directly or indirectly as a person with a substance abuse disorder;

10. Communications to coroners, medical examiners and funeral

directors for the purpose of identifying a deceased person,

determining a cause of death, or other duties as authorized by law

and as necessary to carry out their duties; provided, however, such

disclosure may not identify the person directly or indirectly as a

person with a substance abuse disorder;

11. Communications to organ procurement organizations or other

entities engaged in procurement, banking, or transplantation of

cadaveric organs, eyes or tissue for the purpose of facilitating

organ, eye or tissue donation and transplantation; provided,

however, such disclosure may not identify the person directly or

indirectly as a person with a substance abuse disorder;

12. Disclosure to professional licensure boards investigating

alleged unethical behavior towards a patient; provided, however,

such disclosure may not identify the person directly or indirectly

as a person with a substance abuse disorder;

13. Disclosure to the parent of a minor for the purpose of

notifying the parent of the location of his or her child; provided,

however, such disclosure may not identify the person directly or

indirectly as a person with a substance abuse disorder;

14. Mental health records may be disclosed to parties in a

judicial or administrative proceeding in cases involving a claim for

personal injury or death against any practitioner of the healing

arts, a licensed hospital, or a nursing facility or nursing home

licensed pursuant to Section 1-1903 of Title 63 of the Oklahoma

Statutes arising out of patient care, where any person has placed

the physical or mental condition of that person in issue by the

commencement of any action, proceeding, or suit for damages, or

where any person has placed in issue the physical or mental

condition of any other person or deceased person by or through whom

the person rightfully claims;

Oklahoma Statutes - Title 43A. Mental Health Page 27

15. Disclosure of consumer-identifying information when it

appears from all the circumstances that the individual has escaped

from a correctional institution or from lawful custody and the

release is to a law enforcement authority for the purpose of

identification and apprehension. Such disclosures shall be limited

to mental health information and shall not include substance abuse

information; and

16. When failure to disclose the information presents a serious

threat to the health and safety of a person or the public; provided,

however, such disclosure may not identify the person directly or

indirectly as a person with a substance abuse disorder.
Okla. Stat. tit. 43, § 43-111.1 — OK Code / Title 43 / Section 43-111.1
Minimum visitation between noncustodial parent and child
Status: in_force

– Domestic violence or stalking – Failure to pay child support -

Enforcement of visitation order.

A. 1. Any order providing for the visitation of a noncustodial

parent with any of the children of such noncustodial parent shall

provide a specified minimum amount of visitation between the

noncustodial parent and the child unless the court determines

otherwise.

2. Except for good cause shown and when in the best interests

of the child, the order shall encourage additional visitations of

the noncustodial parent and the child and in addition encourage

Oklahoma Statutes - Title 43. Marriage and Family Page 48

liberal telephone communications between the noncustodial parent and

the child.

3. The court may award visitation by a noncustodial parent who

was determined to have committed domestic violence or engaged in

stalking behavior as defined in Section 109 of this title, if the

court is able to provide for the safety of the child and the parent

who is the victim of that domestic violence.

4. In a visitation order, the court shall provide for the

safety of the minor child and victim of domestic violence, stalking,

or harassment as defined in Section 109 of this title, and subject

to the provisions of Section 109 of this title, may:

a. order the exchange of a child to be facilitated by a

third party where the parents do not have any contact

with each other,

b. order an exchange of a child to occur in a protected

setting,

c. order visitation supervised by another person or

agency,

d. order the abusive, stalking, or harassing parent to

pay a fee to help defray the costs of supervised

visitation or other costs of child exchanges,

including compensating third parties,

e. order the abusive, stalking, or harassing parent to

attend and complete, to the satisfaction of the court,

an intervention program for batterers certified by the

Office of the Attorney General,

f. prohibit unsupervised or overnight visitation until

the abusive, stalking, or harassing parent has

successfully completed a specialized program for

abusers and the parent has neither threatened nor

exhibited violence for a substantial period of time,

g. order the abusive, stalking, or harassing parent to

abstain from the possession or consumption of alcohol

or controlled substances during the visitation and for

twenty-four (24) hours preceding visitation,

h. order the abusive, stalking, or harassing parent to

complete a danger/lethality assessment by a qualified

mental health professional, and

i. impose any other condition that is deemed necessary to

provide for the safety of the child, the victim of

domestic violence, stalking, or harassing behavior, or

another household member.

5. The court shall not order a victim of domestic violence,

stalking, or harassment to be present during child visitation

exchange if the victim of domestic violence, stalking, or harassment

objects to being present.

6. Visitation shall be terminated if:

Oklahoma Statutes - Title 43. Marriage and Family Page 49

a. the abusive, stalking, or harassing parent repeatedly

violates the terms and conditions of visitation,

b. the child becomes severely distressed in response to

visitation, including the determination by a mental

health professional or certified domestic violence

specialist that visitation with the abusive, stalking,

or harassing parent is causing the child severe

distress which is not in the best interest of the

child, or

c. there are clear indications that the abusive,

stalking, or harassing parent has threatened to either

harm or flee with the child, or has threatened to harm

the custodial parent.

7. Whether or not visitation is allowed, the court shall order

the address of the child and the victim of domestic violence,

stalking, or harassing behavior to be kept confidential if

requested.

a. The court may order that the victim of domestic

violence, stalking, or harassing behavior participate

in the address confidentiality program available

pursuant to Section 60.14 of Title 22 of the Oklahoma

Statutes.

b. The abusive, stalking, or harassing parent may be

denied access to the medical and educational records

of the child if those records may be used to determine

the location of the child.

B. 1. Except for good cause shown, when a noncustodial parent

who is ordered to pay child support and who is awarded visitation

rights fails to pay child support, the custodial parent shall not

refuse to honor the visitation rights of the noncustodial parent.

2. When a custodial parent refuses to honor the visitation

rights of the noncustodial parent, the noncustodial parent shall not

fail to pay any ordered child support or alimony.

C. 1. Violation of an order providing for the payment of child

support or providing for the visitation of a noncustodial parent

with any of the children of such noncustodial parent may be

prosecuted as indirect civil contempt pursuant to Section 566 of

Title 21 of the Oklahoma Statutes or as otherwise deemed appropriate

by the court.

2. Any person complying in good faith with the provisions of

Section 852.1 of Title 21 of the Oklahoma Statutes, by refusing to

allow his or her child to be transported by an intoxicated driver,

shall have an affirmative defense to a contempt of court proceeding

in a divorce or custody action.

3. Unless good cause is shown for the noncompliance, the

prevailing party shall be entitled to recover court costs and

attorney fees expended in enforcing the order and any other

Oklahoma Statutes - Title 43. Marriage and Family Page 50

reasonable costs and expenses incurred in connection with the denied

child support or denied visitation as authorized by the court.
Okla. Stat. tit. 43, § 43-561-204 — OK Code / Title 43 / Section 43-561-204
Potential violations — Home visit
Status: in_force

A. If the Department of Human Services has a reasonable basis

to believe that a person has transferred or will transfer custody of

a child in violation of subsection A of Section 6 of this act, the

Department may conduct a home visit and take appropriate action to

protect the welfare of the child as authorized by law.

B. If the Department conducts a home visit for a child adopted

or placed through an intercountry adoption, the Department shall:

1. Prepare a report on the welfare and plan for permanent

placement of the child; and

2. Provide a copy to the United States Department of State.

C. The provisions of this act shall not be construed to prevent

the Department from taking appropriate action under any other law of

this state.
Okla. Stat. tit. 43A, § 43A-14-104 — OK Code / Title 43A / Section 43A-14-104
Venue — Damages — Attorney fees — Access to records
Status: in_force

A. A claim for elder neglect, exploitation, or abuse, as

prescribed in this section, may be brought in any district court

within the county in the State of Oklahoma in which the vulnerable

adult lives or maintains his or her residence or was living at the

time of the act or omission giving rise to the claim.

B. A person who commits neglect or financial neglect against a

vulnerable adult, proven by a preponderance of the evidence, shall

be liable for actual damages in an amount that compensates the

vulnerable adult for the loss he or she has incurred as a result

thereof and shall be liable for punitive damages as Oklahoma law

otherwise allows.

C. A person who commits exploitation or abuse of a vulnerable

adult, proven by a preponderance of the evidence, shall be liable

for damages three times the actual damages incurred by the

vulnerable adult as a result thereof and shall be liable for

punitive damages as Oklahoma law otherwise allows.

Oklahoma Statutes - Title 43A. Mental Health Page 253

D. The prevailing party in the claims prescribed in subsections

B and C of this section shall be entitled to recover reasonable

attorney fees and costs.

E. The claims prescribed in this section shall follow and

otherwise be subject to the general laws governing civil claims

under Oklahoma law, including, without limitation, the provisions

found in Titles 12 and 23 of the Oklahoma Statutes.

F. The claims provided for by this section may be brought by

the vulnerable adult or on behalf of the vulnerable adult by his or

her guardian, limited guardian, conservator, agent under an

appropriate power of attorney, duly appointed representative of the

estate of the vulnerable adult, if deceased, or other legal

representative approved by the court.

G. In addition to any other documents or records to which the

vulnerable adult or his or her legal representative may be entitled

in pursuit of the claim or claims prescribed in this section, the

court may authorize or direct the vulnerable adult and his or her

legal representative access to and copies of financial, legal,

mental health, and physical health records of the vulnerable adult

in the possession of any physician, hospital, other health care

provider, firm, financial institution, lawyer, accountant,

counselor, broker, caregiver, corporation, other business entity, or

other facility or party. These records, upon order of the court,

shall be produced within ten (10) days, unless the court orders a

shorter time, and the records shall not be disclosed for any purpose

other than the purpose for which they have been obtained.

H. The claims provided for in this section survive the death of

the vulnerable adult.
Okla. Stat. tit. 43, § 43-601-610 — OK Code / Title 43 / Section 43-601-610
Effect of registration for modification
Status: in_force

Oklahoma Statutes - Title 43. Marriage and Family Page 200

A tribunal of this state may enforce a child support order of

another state registered for purposes of modification, in the same

manner as if the order had been issued by a tribunal of this state,

but the registered support order may be modified only if the

requirements of Section 601-611 or 601-613 have been met.
Okla. Stat. tit. 43, § 43-601-606 — OK Code / Title 43 / Section 43-601-606
Procedure to contest validity or enforcement of
Status: in_force

registered order

A. A nonregistering party seeking to contest the validity or

enforcement of a registered support order in this state shall

request a hearing within the time required by Section 601-605 of

this title. The nonregistering party may seek to vacate the

registration, to assert any defense to an allegation of

noncompliance with the registered support order, or to contest the

remedies being sought or the amount of any alleged arrearages

pursuant to Section 601-607 of this title.

B. If the nonregistering party fails to contest the validity or

enforcement of the registered support order in a timely manner, the

order is confirmed by operation of law.

C. If a nonregistering party requests a hearing to contest the

validity or enforcement of the registered support order, the

registering tribunal shall schedule the matter for hearing and give

notice to the parties of the date, time, and place of the hearing.
Okla. Stat. tit. 43A, § 43A-3-320 — OK Code / Title 43A / Section 43A-3-320
Certified Eating Disorder Treatment Programs
Status: in_force

Oklahoma Statutes - Title 43A. Mental Health Page 72

A. The Board of Mental Health and Substance Abuse Services

shall promulgate rules and standards for certification of eating

disorder treatment programs and for private facilities and

organizations that offer eating disorder treatment services in this

state. Such facilities and organizations shall be known as

“Certified Eating Disorder Treatment Programs”.

B. For purposes of this section, “eating disorder treatment”

means any treatment for anorexia nervosa, bulimia nervosa, or any

other severe disturbances in eating behavior specified in the most

current edition of the Diagnostic and Statistical Manual of Mental

Disorders.

C. Applications for certification as a certified eating

disorder treatment program, pursuant to the provisions of this

section, shall be made to the Department of Mental Health and

Substance Abuse Services on prescribed forms. The Board, or the

Commissioner upon delegation by the Board, may certify the program

for a period of three (3) years subject to renewal as provided in

the rules promulgated by the Board. Nothing in this section shall

preclude the Department from making inspection visits to a program

to determine program compliance.

D. Hospitals licensed by the State Department of Health shall

be exempt from certification requirements. In addition, licensed

physicians, licensed psychologists, licensed social workers,

individual members of the clergy, licensed marital and family

therapists, registered nurses, licensed behavioral practitioners,

and licensed professional counselors shall be exempt from

certification requirements; provided, however, these exemptions

shall only apply to individual professional persons in their private

practices and not to any eating disorder treatment program operated

by such person.

E. The Department of Mental Health and Substance Abuse Services

is authorized to establish and collect certification and renewal

fees for certification of eating disorder treatment programs as

provided in Section 3-324 of this title.

F. Failure to comply with rules and standards promulgated by

the Board shall be grounds for revocation, suspension or nonrenewal

of certification.

G. No eating disorder treatment program shall operate or

continue to operate unless the facility complies with the rules

promulgated by the Board and is certified as required by this

section.
Okla. Stat. tit. 43A, § 43A-2-107 — OK Code / Title 43A / Section 43A-2-107
Capital Outlay Fund - Approval of easements, rights-of-
Status: in_force

way and leases - Deposit and use of proceeds.

A. 1. There is hereby created in the State Treasury a

revolving fund for the Department of Mental Health and Substance

Abuse Services to be designated the "Capital Outlay Fund". The fund

shall be a continuing fund, not subject to fiscal year limitations,

and shall consist of income as provided in this section and any

monies transferred by the Department into the fund.

2. All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Department for

the purposes described in this section and for improvements to real

Oklahoma Statutes - Title 43A. Mental Health Page 36

property owned by the Department or held in the Department's trust

as authorized by Section 2-111 of this title. Expenditures from the

fund shall be made upon warrants issued by the State Treasurer

against claims filed as prescribed by law with the Director of the

Office of Management and Enterprise Services for approval and

payment.

B. On and after July 1, 1988, no easement, right-of-way, oil

and gas lease or surface lease on any land used or occupied by any

institution, under the jurisdiction of the Board of Mental Health

and Substance Abuse Services, shall be granted or conveyed without

the approval of the Board. All monies hereafter received or derived

from such easements, rights-of-way and leases, including, but not

limited to, rentals and royalties for leases and from sale of

equipment, shall be deposited in the Capital Outlay Fund of the

Department of Mental Health and Substance Abuse Services and used by

the Board for capital improvement at any Department of Mental Health

and Substance Abuse Services facility and for improvements to real

property owned by the Department or held in the Department's trust

as authorized by Section 2-111 of this title, except as otherwise

provided by the Legislature.
Okla. Stat. tit. 43, § 43-112A — OK Code / Title 43 / Section 43-112A
Central case registry on IV─D cases and child support
Status: in_force

orders.

A. 1. The Child Support Enforcement Division of the Department

of Human Services shall maintain a central case registry on all

Title IV-D cases and all child support orders established or

modified in this state after October 1, 1998. Title IV-D cases are

cases in which child support services are being provided under the

state child support plan as provided under Section 237 of Title 56

of the Oklahoma Statutes.

2. In Title IV-D cases, the case registry shall include, but

not be limited to, information required to be transmitted to the

federal case registry pursuant to 42 U.S.C., Section 654A.

3. In cases in which child support services are not being

provided under the state child support plan as provided under

Section 237 of Title 56 of the Oklahoma Statutes and in which a

child support order is established or modified in this state after

October 1, 1998, the case registry shall include, but not be limited

to, information required to be transmitted to the federal case

registry pursuant to 42 U.S.C., Section 654A, and information from

the support order summary form provided for in Section 120 of Title

43 of the Oklahoma Statutes.

B. 1. All orders entered after October 31, 2001, which

establish paternity or establish, modify or enforce a child support

obligation shall state for all parties and custodians subject to the

order:

Oklahoma Statutes - Title 43. Marriage and Family Page 72

a. an address of record for service of process in

support, visitation and custody actions, and

b. the address of record may be different from the

party’s or custodian’s physical address.

2. The address shall be maintained by the central case

registry. The order shall direct that any changes in the address of

record shall be provided in writing to the central case registry

within thirty (30) days of the change. The address of record is

subject to disclosure to a party or custodian upon request pursuant

to the provisions of this section and rules promulgated by the

Department of Human Services. The Department of Human Services may

refuse to disclose address and location information if the

Department has reasonable evidence of domestic violence or child

abuse and the disclosure of such information could be harmful to a

party, custodian or child.

C. 1. All parties and custodians ordered to provide an address

of record to the central case registry as specified in this section

may, in subsequent child support actions, be served with process by

regular mail to the last address of record provided to the central

case registry.

2. Proof of service shall be made by a certificate of mailing

from a United States Post Office, or in child support cases where

services are being provided under the state child support plan, by a

certificate of mailing from the child support representative.

D. The Department of Human Services shall promulgate rules as

necessary to implement the provisions of this section.
Okla. Stat. tit. 43A, § 43A-35 — OK Code / Title 43A / Section 43A-35
Renumbered as § 2-303 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-14-103 — OK Code / Title 43A / Section 43A-14-103
Definitions
Status: in_force

A. When used in the Oklahoma Elder Exploitation and Abuse Act:

1. "Abuse" means causing or permitting:

a. the infliction of physical pain, injury, sexual abuse,

sexual exploitation, unreasonable restraint or

confinement, mental anguish or personal degradation,

or

b. the deprivation of nutrition, clothing, shelter,

health care, or other care or services without which

serious physical or mental injury is likely to occur

to a vulnerable adult by a caretaker or other person

providing services to a vulnerable adult;

2. "Caretaker" means a person who has:

a. the responsibility for the care of a vulnerable adult

or the financial management of the resources of a

vulnerable adult as a result of a family relationship,

b. assumed the responsibility for the care of a

vulnerable adult voluntarily, by contract, or as a

result of the ties of friendship, or

c. been appointed a guardian, limited guardian, or

conservator pursuant to the Oklahoma Guardianship and

Conservatorship Act;

3. "Exploitation" or "exploit" means an unjust or improper use

of the resources of a vulnerable adult for the profit or advantage,

Oklahoma Statutes - Title 43A. Mental Health Page 250

pecuniary or otherwise, of a person other than the vulnerable adult

through the use of undue influence, coercion, harassment, duress,

deception, false representation or false pretense;

4. "Financial neglect" means repeated instances by a caretaker,

or other person, who has assumed the role of financial management,

of failure to use the resources available to restore or maintain the

health and physical well-being of a vulnerable adult, including, but

not limited to:

a. squandering or negligently mismanaging the money,

property, or accounts of a vulnerable adult,

b. refusing to pay for necessities or utilities in a

timely manner, or

c. providing substandard care to a vulnerable adult

despite the availability of adequate financial

resources;

5. "Incapacitated person" means:

a. any person eighteen (18) years of age or older:

(1) who is impaired by reason of mental or physical

illness or disability, dementia or related

disease, developmental or intellectual disability

or other cause, and

(2) whose ability to receive and evaluate information

effectively or to make and to communicate

responsible decisions is impaired to such an

extent that such person lacks the capacity to

manage his or her financial resources or to meet

essential requirements for his or her mental or

physical health or safety without assistance from

others, or

b. a person for whom a guardian, limited guardian, or

conservator has been appointed pursuant to the

Oklahoma Guardianship and Conservatorship Act;

6. "Indecent exposure" means forcing or requiring a vulnerable

adult to:

a. look upon the body or private parts of another person

or upon sexual acts performed in the presence of the

vulnerable adult, or

b. touch or feel the body or private parts of another;

7. "Neglect" means:

a. the failure to provide protection for a vulnerable

adult who is unable to protect his or her own

interest,

b. the failure to provide a vulnerable adult with

adequate shelter, nutrition, health care, or clothing,

or

c. negligent acts or omissions that result in harm or the

unreasonable risk of harm to a vulnerable adult

Oklahoma Statutes - Title 43A. Mental Health Page 251

through the action, inaction, or lack of supervision

by a caretaker providing direct services;

8. "Personal degradation" means a willful act by a caretaker

intended to shame, degrade, humiliate, or otherwise harm the

personal dignity of a vulnerable adult, or where the caretaker knew

or reasonably should have known the act would cause shame,

degradation, humiliation, or harm to the personal dignity of a

reasonable person. Personal degradation includes the taking,

transmitting, or displaying of an electronic image of a vulnerable

adult by a caretaker, where the caretaker's actions constitute a

willful act intended to shame, degrade, humiliate or otherwise harm

the personal dignity of the dependent adult, or where the caretaker

knew or reasonably should have known the act would cause shame,

degradation, humiliation or harm to the personal dignity of a

reasonable person. Personal degradation does not include:

a. the taking, transmitting, or displaying of an

electronic image of a vulnerable adult for the purpose

of reporting vulnerable adult abuse to law

enforcement, the Department of Human Services or other

regulatory agency that oversees caretakers or enforces

abuse or neglect laws or rules,

b. the taking, transmitting, or displaying of an

electronic image of a vulnerable adult for the purpose

of treatment or diagnosis, or

c. the taking, transmitting, or displaying of an

electronic image of a vulnerable adult as part of an

ongoing investigation;

9. "Sexual abuse" means:

a. oral, anal, or vaginal penetration of a vulnerable

adult by or through the union with the sexual organ of

a caretaker or other person providing services to the

vulnerable adult, or the anal or vaginal penetration

of a vulnerable adult by a caretaker or other person

providing services to the vulnerable adult with any

other object, or

b. for the purpose of sexual gratification, the touching,

feeling or observation of the body or private parts of

a vulnerable adult by a caretaker or other person

providing services to the vulnerable adult, or

c. indecent exposure by a caretaker or other person

providing services to the vulnerable adult;

10. "Sexual exploitation" includes, but is not limited to, a

caretaker's causing, allowing, permitting, or encouraging a

vulnerable adult to engage in prostitution or in the lewd, obscene,

or pornographic photographing, filming, or depiction of the

vulnerable adult as those acts are defined by state law;

Oklahoma Statutes - Title 43A. Mental Health Page 252

11. "Verbal abuse" means the use of words, sounds, or other

communication, including, but not limited to, gestures, actions, or

behaviors, by a caretaker or other person providing services to a

vulnerable adult that are likely to cause a reasonable person to

experience humiliation, intimidation, fear, shame, or degradation;

and

12. "Vulnerable adult" means an individual who is an

incapacitated person or who, because of physical or mental

disability, including persons with Alzheimer's disease or other

dementias, incapacity, or other disability, is substantially

impaired in the ability to provide adequately for the care or

custody of himself or herself, or is unable to manage his or her

property and financial affairs effectively, or to meet essential

requirements for mental or physical health or safety, or to protect

himself or herself from abuse, neglect, or exploitation without

assistance from others.

B. Nothing in this section shall be construed to mean a

vulnerable adult is abused or neglected for the sole reason the

vulnerable adult, in good faith, selects and depends upon spiritual

means alone through prayer, in accordance with the practices of a

recognized religious method of healing, for the treatment or cure of

disease or remedial care, or a caretaker or other person

responsible, in good faith, is furnishing such vulnerable adult

spiritual means alone through prayer, in accordance with the tenets

and practices of a recognized church or religious denomination, for

the treatment or cure of disease or remedial care in accordance with

the practices of or express consent of the vulnerable adult.
Okla. Stat. tit. 43A, § 43A-3-103 — OK Code / Title 43A / Section 43A-3-103
Central Oklahoma Community Mental Health and Substance
Status: in_force

Abuse Services Center - Transfer of property, etc. – Petty cash

fund.

A. The Central Oklahoma Community Mental Health and Substance

Abuse Services Center, Norman, Oklahoma, is hereby designated a

facility within the Department of Mental Health and Substance Abuse

Services and shall be operated under the supervision of the

Department of Mental Health and Substance Abuse Services.

B. The Department of Mental Health and Substance Abuse Services

is authorized to effect the transfer of property, records,

equipment, supplies and funds to include, if appropriate, revolving

funds, and encumbrances from Griffin Memorial Hospital to the

facility designated in subsection A above.

C. There is hereby created a petty cash fund at the Central

Oklahoma Community Mental Health and Substance Abuse Services

Center, Norman, Oklahoma. The Director of the Office of Management

and Enterprise Services and the Commissioner of Mental Health and

Substance Abuse Services are authorized to fix the maximum amount of

the petty cash fund and the Director of the Office of Management and

Enterprise Services shall prescribe the rules and procedures for the

administration of the petty cash fund.
Okla. Stat. tit. 43, § 43-118F — OK Code / Title 43 / Section 43-118F
Medical support order for health care coverage
Status: in_force

A. The court shall enter a medical support order for health

care coverage in any case in which an ongoing child support order is

entered or modified. Medical support, for the purpose of this

section, is defined as health care coverage, cash medical support,

or a combination of both. For the purposes of this section:

1. "Health care coverage" includes:

a. fee for service,

b. health maintenance organization,

c. preferred provider organization,

d. other types of private health insurance,

e. government medical assistance program or health plan,

f. Indian Health Services, and

g. Defense Eligibility Enrollment Reporting System

(DEERS).

2. "Cash medical support" means:

a. an amount ordered to be paid toward the cost of health

care coverage provided by a public entity, parent, or

by a person other than the parents, or

b. fixed periodic payments for ongoing medical costs.

B. In entering a temporary order, the court shall order that

any health care coverage in effect for the child continue in effect

pending the entering of a final order, unless the court finds that

the existing health care coverage is not reasonable in cost or is

not accessible as defined in subsection D of this section. If there

is no health care coverage in effect for the child or if the health

care coverage in effect is not available at a reasonable cost or is

not accessible, the court shall order health care coverage for the

child as provided in this section, unless the court makes a written

finding that good cause exists not to enter a temporary medical

support order.

C. On entering a final order, the court shall:

1. Make specific orders with respect to the manner in which

health care coverage is to be provided for the child; and

2. Require the parent ordered to provide health care coverage

for the child as provided under this section to produce evidence to

the court's satisfaction that the parent has applied for or secured

health care coverage or has otherwise taken necessary action to

Oklahoma Statutes - Title 43. Marriage and Family Page 90

provide for health care coverage for the child, as ordered by the

court.

D. When the court enters a medical support order, the medical

support order shall be reasonable in cost and accessible.

1. "Reasonable in cost" means that the pro rata share of the

actual premium cost for the child or children paid by the insured

does not exceed five percent (5%) of the gross income of the

responsible parent. To calculate the actual premium cost of the

health insurance, the court shall:

a. deduct from the total insurance premium the cost of

coverage for the parent and any other adults in the

household,

b. divide the remainder by the number of dependent

children being covered, and

c. multiply the amount per child by the number of

children in the child support case under

consideration.

2. "Accessible health care coverage" means that:

a. there are available providers appropriate to meet the

primary individual health care needs of the children

no more than sixty (60) miles one way from the primary

residence of the children.

b. If a parent has available health care coverage which

includes an option that would be accessible to the

child, but the parent has not currently enrolled in

that option, the court may require the parent to

change existing coverage to an option that is

accessible to the child.

3. If the parties agree or the court finds good cause exists,

the court may order health care coverage in excess of the five

percent (5%) cost standard or the sixty-mile distance standard.

E. The court shall consider the cost and quality of health care

coverage available to the parties. If both parents have health care

coverage available, the court shall give priority to the preference

of the custodial person, unless it is not in the best interest of

the child.

F. Cash medical support.

1. The responsible parent shall be ordered to pay cash medical

support when:

a. there is no health care plan available for the child,

b. the only health care plan available for the child is a

governmental medical assistance program or health

plan, or

c. a party shows reasonable evidence of domestic violence

or child abuse, such that an order for health care

coverage is inappropriate and the disclosure of

Oklahoma Statutes - Title 43. Marriage and Family Page 91

information could be harmful to a party, custodian, or

child.

2. The cash medical support order shall not exceed the pro rata

share of the actual monthly medical expenses paid for the child, or

five percent (5%) of the gross monthly income of the obligor,

whichever is less.

3. a. In determining the actual monthly medical costs for

the child, the court shall determine:

(1) for children who are participating in a

government medical assistance program or health

plan, an amount consistent with rules promulgated

by the Oklahoma Health Care Authority determining

the rates established for the cost of providing

medical care through a government medical

assistance program or health plan, or

(2) for children who are not participating in a

government medical assistance program or health

plan, an amount consistent with rules promulgated

by the Department of Human Services determining

the average monthly cost of health care for

uninsured children.

b. The court may also consider:

(1) proof of past medical expenses incurred by either

parent for the child,

(2) the current state of the health of the child, and

(3) any medical conditions of the child that would

result in an increased monthly medical cost.

G. An order requiring the payment of cash medical support under

subsection F of this section shall allow the obligor to terminate

payment of the cash medical support if:

1. Accessible health care coverage for the child becomes

available to the obligor at a reasonable cost; and

2. The obligor:

a. enrolls the child in the insurance plan, and

b. provides the obligee and, in a Title IV-D case, the

Title IV-D agency, the information required under

paragraph 2 of subsection C of this section.

In Title IV-D cases, termination and reinstatement of cash

medical support shall be according to rules promulgated by the

Department of Human Services.

H. 1. The actual health care premium for the child shall be

allocated between the parents in the same proportion as their

adjusted gross income and shall be added to the base child support

obligation.

2. If the obligor pays the health care premium, the obligor

shall receive credit against the base child support obligation for

Oklahoma Statutes - Title 43. Marriage and Family Page 92

the allocated share of the health care premium for which the obligee

is responsible.

3. If the obligee pays the health care premium, the obligor

shall pay the allocated share of the health care premium to the

obligee in addition to the base child support obligation.

4. The parent providing the health care coverage shall furnish

to the other parent and to the Child Support Enforcement Division of

the Department of Human Services, if services are being provided

pursuant to Title IV, Part D of the Social Security Act, 42 U.S.C.

Section 601 et seq., with timely written documentation of any change

in the amount of the health care cost premium, carrier, or benefits

within thirty (30) days of the date of the change. Upon receiving

timely notification of the change of cost, the other parent is

responsible for his or her percentage share of the changed cost of

the health care coverage.

5. If the court finds that the obligor has underpaid child

support due to changes in the cost of health care coverage, the

amount of underpayment may be established as a judgment by the court

and enforced in the same manner as any other delinquent child

support judgment. If the court finds that the obligor has overpaid

due to changes in health care coverage cost, the overpayment shall

be satisfied:

a. by offset against any past-due child support owed to

the obligee, or

b. by adjustment to the future child support amount over

a thirty-six-month period, unless the court finds that

a thirty-six month period is not in the best interest

of the child.

I. Reasonable and necessary medical, dental, orthodontic,

optometric, psychological, or any other physical or mental health

expenses of the child incurred by either parent and not paid or

reimbursed by insurance or included in a cash medical support order

pursuant to subsection F of this section shall be allocated in the

same proportion as the adjusted gross income of the parents, unless

the parents agree to a different allocation of expenses and the

court finds such allocation is in the best interest of the child.

If reimbursement is required for a health care expense not included

in the current monthly child support obligation, the parent who

incurs the expense shall provide the other parent with proof of the

expense within forty-five (45) days of receiving the Explanation of

Benefits from the insurance provider or other proof of the expense

if the expense is not covered by insurance. The parent responsible

for reimbursement shall pay his or her portion of the expense within

forty-five (45) days of receipt of documentation of the expense.

J. In addition to any other sanctions ordered by the court, a

parent incurring uninsured dependent health expenses or increased

insurance premiums may be denied the right to receive credit or

Oklahoma Statutes - Title 43. Marriage and Family Page 93

reimbursement for the expense or increased premium if that parent

fails to comply with subsections H and I of this section.

K. The parent desiring an adjustment to the ongoing child

support order due to a change in the amount of dependent health

insurance premium shall initiate a review of the order in accordance

with Section 118I of this title.
Okla. Stat. tit. 43A, § 43A-10-105 — OK Code / Title 43A / Section 43A-10-105
Investigation of report
Status: in_force

A. Upon receiving a report of alleged abuse, neglect, or

exploitation of a vulnerable adult pursuant to the provisions of the

Protective Services for Vulnerable Adults Act, the appropriate state

entity shall make a prompt and thorough investigation. When

feasible, law enforcement and the appropriate state entity shall

conduct joint investigations in order to reduce potential trauma to

the victim and to eliminate duplicative efforts.

B. The investigation shall include:

Oklahoma Statutes - Title 43A. Mental Health Page 210

1. Notification of local law enforcement agency. Upon the

request of a law enforcement agency, the appropriate state entity

shall submit copies of any results or records of an examination on

the vulnerable adult who is alleged to have been abused, neglected,

or exploited and any other clinical notes, x-rays, photographs, or

previous or current records relevant to the case;

2. Any findings of abuse, neglect, or exploitation of a

vulnerable adult shall also be sent to any state agency with

concurrent jurisdiction over persons or issues identified in the

investigation including, but not limited to, where appropriate, the

State Department of Health, the Oklahoma Board of Nursing, or any

other appropriate state licensure or certification board, agency, or

registry;

3. Every reasonable effort to locate and notify the caretaker,

legal guardian and next of kin of the vulnerable adult who may be in

need of protective services pursuant to Section 10-105.1 of this

title;

4. Diagnostic evaluation to determine whether the person needs

protective services;

5. Any photographs necessary to document injuries or conditions

which have resulted or may result in an injury or serious harm to

the person;

6. A statement of the least restrictive services needed;

7. Whether services are available from the Department of Human

Services or in the community and how the services can be provided;

8. Whether the person would be capable of obtaining services

for self and could bear the cost or would be eligible for services

from the Department of Human Services;

9. Whether a caretaker or legal guardian would be willing to

provide services or would agree to their provision;

10. Whether the person desires the services;

11. A statement of any follow-up investigation or monitoring of

the services that may be needed; and

12. Other relevant information.

C. 1. a. Investigations conducted pursuant to this section

shall include a visit to the home or other place of

residence of the person who is the subject of the

report, a private interview with such person and any

other potential victims, and consultation with persons

who have knowledge of or may be witnesses to the

circumstances.

b. Investigators shall be suitably trained in interview

techniques and shall utilize such techniques in

interviews with elderly and incapacitated adults and

individuals with intellectual disabilities.

Interviews shall be conducted at the appropriate

developmental age level of the victim. A reasonable

Oklahoma Statutes - Title 43A. Mental Health Page 211

effort shall be made to conduct interviews of

vulnerable adult victims with an intellectual

disability or diminished capacity utilizing

appropriate personnel and following protocols and

procedures established for interviews with such

persons, including the use of forensic interview

techniques when appropriate.

c. If, in the course of an investigation of this nature,

the appropriate state entity is denied entrance to the

home or other place of residence of a person believed

to be a vulnerable adult in need of protective

services, or is denied a private interview with the

vulnerable adult, the appropriate state entity may

petition the court for an order allowing entry to the

premises or private access to the vulnerable adult.

The court shall make a finding of probable cause of

the vulnerability of the adult before issuing the

order. If documentation, or access to records, or

other information relating to such person as provided

by this section is denied, the appropriate state

entity may petition the court for an order allowing

entry or access.

2. The petition shall state the name and address of the person

who is the subject of the report and shall allege specific facts

sufficient to show that the circumstances of the person are in need

of investigation.

3. If it is necessary to forcibly enter the premises, the

representative of the appropriate state entity shall make the entry

accompanied by a peace officer.

4. The appropriate state entity shall make all reasonable

attempts to interview the caretaker or other persons alleged to be

involved in the abuse, neglect or exploitation in order to enhance

service provision and to prevent additional incidents of abuse,

neglect or exploitation.

D. When a report is received pertaining to a vulnerable adult

who has a legal guardian, a copy of the investigative report of the

appropriate state entity shall be filed with the court to which the

guardian is accountable.

E. 1. In the case of a final investigative report pertaining

to a vulnerable adult who is a resident of a nursing facility,

residential care facility, assisted living facility or continuum of

care facility and who is alleged to be a victim of abuse, verbal

abuse, neglect, or exploitation by an employee of such facility, the

appropriate state entity, if other than the Office of Client

Advocacy, shall forward to the State Department of Health a copy of

the final investigative report.

Oklahoma Statutes - Title 43A. Mental Health Page 212

2. The appropriate state entity shall be deemed a party

pursuant to the Administrative Procedures Act for the investigative

reports filed by such entity with the State Department of Health

regarding vulnerable adults who are residents of nursing facilities,

residential care facilities, assisted living facilities or continuum

of care facilities.

a. Within thirty (30) days of receipt of the final

investigative report submitted by the appropriate

state entity pursuant to this section, the State

Department of Health shall provide the appropriate

state entity with a written summary of any action

taken as a result of the complaint including, but not

limited to, results of any inspections, enforcement

actions or actions which may be taken by the State

Department of Health.

b. Whenever the appropriate state entity believes that

the conditions giving rise to a complaint by such

entity alleging a serious threat to the health, safety

or welfare of a resident of a nursing facility,

residential care facility, assisted living facility or

continuum of care facility have not been adequately

addressed, such entity may request the State

Department of Health to hold a hearing on the

complaint as provided by Section 309 of Title 75 of

the Oklahoma Statutes.

3. Nothing herein shall prevent the State Department of Health

from conducting any type of investigation or taking any appropriate

remedial or other action pursuant to the provisions of the Nursing

Home Care Act, the Residential Care Act and the Continuum of Care

and Assisted Living Act.

F. When a report is received pertaining to a vulnerable adult

residing in a facility other than the home of the vulnerable adult,

where persons are employed to provide care and those employees have

been named as persons responsible for the abuse, neglect or

exploitation, the appropriate state entity shall forward its final

findings, including, but not limited to, any administrative appeal

findings to the owner or administrator of the facility to prevent

further incidents.

G. The Office of Client Advocacy shall establish a system for

investigating allegations of misconduct by a person responsible for

a vulnerable adult not rising to the level of abuse, neglect, or

exploitation in cases where the Office is the appropriate state

entity as defined in Section 10-103 of this title.
Okla. Stat. tit. 43, § 43-135 — OK Code / Title 43 / Section 43-135
Lien for arrearage in child support payments
Status: in_force

A. An arrearage in payment of child support reduced to an order

of the court or administrative order of the Department of Human

Services or any past due payment or installment of child support

that is a judgment and lien by operation of law may be a lien

against the real and personal property of the person ordered to make

the support payments.

B. Past due amounts of child support shall become a lien by

operation of law upon the real and personal property of the person

ordered to make the payments at the time they become past due.

C. 1. A judgment or order providing for the payment of current

support or an arrearage of child support shall be a lien upon real

property owned by the person obligated to pay support or upon any

real property which may be acquired by the person prior to the

release of the lien. Notice of the lien on real property shall be

given by the filing of a statement of judgment pursuant to Section

706 of Title 12 of the Oklahoma Statutes with the county clerk of

the county where the property is located.

Oklahoma Statutes - Title 43. Marriage and Family Page 118

2. If child support services are being provided under the state

child support plan as provided under Section 237 of Title 56 of the

Oklahoma Statutes, the amount reflected in the official records of

the Centralized Support Registry provided for in Section 413 of this

title shall constitute the amount of the lien on the obligor's real

property, regardless of the amount reflected in the statement of

judgment.

3. The judgment or order shall not become a lien for any sums

prior to the date they severally become due and payable. A child

support judgment shall become dormant as a lien upon real property

five (5) years from the date the statement of judgment is filed of

record with the county clerk unless the judgment lien is extended in

accordance with subsection C of Section 759 of Title 12 of the

Oklahoma Statutes.

D. A judgment providing for the payment of an arrearage of

child support or pursuant to which a past due amount has accrued

shall become a lien upon benefits payable as a lump sum received

from a personal injury, wrongful death or workers' compensation

claim of the person ordered to pay the support and shall not be

subject to the exemptions from attachment of Section 1 of Title 31

of the Oklahoma Statutes or as otherwise provided by law. The lien

shall be effective upon the filing of a notice of lien with the

court in which a proceeding for personal injury, wrongful death or

workers’ compensation has been initiated by or on behalf of the

obligor. If a proceeding has not been initiated, a notice of lien

shall be served by mail upon the entity responsible for paying

monies to the person ordered to pay support. A court or the entity

responsible for satisfying the lien may request a certified copy of

the judgment or order be attached to the lien.

E. The provisions of this section shall be available to an

agency of another state responsible for implementing the child

support enforcement program set forth in Title IV-D, of the Social

Security Act seeking to enforce a judgment for child support.

F. The provisions of this section shall not authorize a forced

sale of any real property to enforce a lien which is otherwise

exempted by state law.

G. A lien shall be released upon the full payment of the amount

of the arrearage.

H. The person entitled to support or the Department of Human

Services on behalf of its clients and recipients is authorized to

enforce the liens created pursuant to this section and to execute

releases or partial releases of the liens.
Okla. Stat. tit. 43A, § 43A-14 — OK Code / Title 43A / Section 43A-14
Renumbered as § 2-202 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-571-102 — OK Code / Title 43 / Section 43-571-102
Definitions
Status: in_force

As used in this act:

1. "Abduction" means the wrongful removal or wrongful retention

of a child;

2. "Child" means an unemancipated individual who is less than

eighteen (18) years of age;

3. "Child custody determination" means a judgment, decree, or

other court order providing for the legal custody, physical custody,

or visitation with respect to a child. The term includes a

permanent, temporary, initial, and modification order;

4. "Child custody proceeding" means a proceeding in which legal

custody, physical custody, or visitation with respect to a child is

at issue. The term includes a proceeding for divorce, dissolution

of marriage, separation, neglect, abuse, dependency, guardianship,

Oklahoma Statutes - Title 43. Marriage and Family Page 166

paternity, termination of parental rights, or protection from

domestic violence;

5. "Court" means an entity authorized under the law of a state

to establish, enforce, or modify a child custody determination;

6. "Petition" includes a motion or its equivalent;

7. "Record" means information that is inscribed on a tangible

medium or that is stored in an electronic or other medium and is

retrievable in perceivable form;

8. "State" means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, or any

territory or insular possession subject to the jurisdiction of the

United States. The term includes a federally recognized Indian

tribe or nation;

9. "Travel document" means records relating to a travel

itinerary, including travel tickets, passes, reservations for

transportation, or accommodations. The term does not include a

passport or visa;

10. "Wrongful removal" means the taking of a child that

breaches rights of custody or visitation given or recognized under

the laws of this state; and

11. "Wrongful retention" means the keeping or concealing of a

child that breaches rights of custody or visitation given or

recognized under the laws of this state.
Okla. Stat. tit. 43A, § 43A-78 — OK Code / Title 43A / Section 43A-78
Renumbered as § 7-107 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-27 — OK Code / Title 43A / Section 43A-27
Renumbered as § 2-205 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-110.1a — OK Code / Title 43 / Section 43-110.1a
Oklahoma Child Supervised Visitation Program – Policy –
Status: in_force

Definitions.

A. This section shall be known and may be cited as the

“Oklahoma Child Supervised Visitation Program”.

Oklahoma Statutes - Title 43. Marriage and Family Page 44

B. It is the policy of this state to ensure that the health,

safety, and welfare of the child is paramount when supervised

visitation is ordered by the court.

C. For purposes of the Oklahoma Child Supervised Visitation

Program:

1. “Supervised visitation” means the court-ordered contact

between a noncustodial parent and one or more children of such

parent in the presence of a third-party person who is responsible

for observing and overseeing the visitation in order to provide for

the safety of the child and any other parties during the visitation.

The court may require supervised visitation when deemed necessary by

the court to protect the child or other parties;

2. An “alcohol-dependent person” has the same meaning as such

term is defined in Section 3-403 of Title 43A of the Oklahoma

Statutes;

3. A “drug-dependent person” has the same meaning as such term

is defined in Section 3-403 of Title 43A of the Oklahoma Statutes;

and

4. “Domestic abuse” has the same meaning as such term is

defined in Section 60.1 of Title 22 of the Oklahoma Statutes.

D. 1. The associate district judge in each county within this

state may select trained volunteers to provide supervised visitation

pursuant to the Oklahoma Child Supervised Visitation Program.

2. The associate district judge of each county may appoint a

judicial district supervised visitation team to:

a. identify public and private entities which will be

willing to provide location sites for purposes of the

Oklahoma Child Supervised Visitation Program,

b. identify individuals who will be willing to serve as

third-party persons to observe and oversee court-

ordered supervised visitations,

c. establish training requirements for volunteers,

d. identify programs which may be available for the

training of the volunteers including, but not limited

to, the Department of Human Services, Office of the

Attorney General, child advocacy centers, domestic

violence groups, and the Department of Mental Health

and Substance Abuse Services,

e. develop written protocol for handling supervised

visitations so as to provide safety of the child and

other parties during the supervised visitation,

f. develop application forms for volunteers applying for

the Oklahoma Child Supervised Visitation Program.

Information listed on the form shall include, but not

be limited to:

(1) name, address and phone number of the volunteer,

Oklahoma Statutes - Title 43. Marriage and Family Page 45

(2) place of employment and phone number of the

volunteer,

(3) areas of expertise,

(4) listing of professional training in areas

including, but not limited to, child abuse,

domestic abuse, alcohol or drug abuse, mental

illness or conflict management,

(5) consent form specifying release of information,

and

(6) professional references, and

g. identify which information of the parties and the

child will be confidential and which may be available

to others.

3. From recommendations of the team established pursuant to

this subsection, the associate district judge in each county within

this state may authorize one or more public or private agencies to

provide location sites for the Oklahoma Child Supervised Visitation

Program. A district judge may require either party requesting

supervised visitation of a child to identify a trained third-party

volunteer to observe and oversee the visitation. A district court

shall not:

a. require any state agency location or state employee to

observe and oversee any supervised visitation, or

b. appoint a third party to observe and oversee a

supervised visitation who has not received the

training as specified by the judicial district

supervised visitation team unless agreed to by the

parties.

4. A participating public or private agency location site may

charge a fee for each visit.

E. Prior to approval of any third-party volunteer to observe

and oversee visitation under this section, the court shall make a

written determination of the fitness of the volunteer by reviewing

information including but not limited to:

1. A national criminal history record check conducted by the

Oklahoma State Bureau of Investigation within one (1) year prior to

the appointment of the volunteer;

2. A sworn affidavit from the volunteer accepting the rules of

supervision and whether the volunteer:

a. is an alcohol- or drug-dependent person,

b. is residing with a person who is required by law to

register pursuant to the Sex Offenders Registration

Act of this state or any other state,

c. is residing with a person who has been convicted of

domestic abuse within the past five (5) years, or

d. has had custody, guardianship, or visitation rights

terminated to any child; and

Oklahoma Statutes - Title 43. Marriage and Family Page 46

3. Any testimony by the potential volunteer or other witness

testimony deemed necessary by the court to determine the fitness of

the volunteer.

F. The protocol for supervised visitation established by each

judicial district supervised visitation team shall require that:

1. The volunteer supervising the visitation shall be able to

see and hear all interactions between the supervised parent and the

child; and

2. If the court determines that the supervised parent has

exhibited suicidal or violent behavior, all supervised visitation

shall occur within a professional setting unless and until the

supervised parent has submitted a non-self-reporting psychological

evaluation to the court.

G. The protocol for supervised visitation established by each

judicial district supervised visitation team may require that:

1. The location site require each participant who has court-

ordered supervised visitation for a child and who is participating

in the supervised visitation program to sign a time log upon arrival

and departure. The agency location site must have an employee

assigned to verify identification of each participant, initial each

signature, and record the time of arrival and departure of each

person; and

2. The agency location site also contain information on each

client case including but not limited to:

a. a copy of the court order requiring supervised

visitation, and

b. name of individuals authorized to pick up or deliver a

child to the agency location site for supervised

visitation.

H. Each judicial district supervised visitation team may

include but not be limited to:

1. Mental health professionals;

2. Police officers or other law enforcement agents;

3. Medical personnel;

4. Child protective services workers;

5. Child advocacy individuals; and

6. The district attorney or designee.

I. An associate district judge of a county, the judicial

district supervised visitation team created pursuant to this section

and the Administrative Office of the Courts may develop an

informational brochure outlining the provisions of the Oklahoma

Child Supervised Visitation Program and procedures to be used by

volunteers in that judicial district. The brochure may be

distributed through the municipal and district court, social service

agency centers, county health departments, hospitals, crisis or

counseling centers, and community action agencies.

Oklahoma Statutes - Title 43. Marriage and Family Page 47

J. Except for acts of dishonesty, willful criminal acts, or

gross negligence, no member of the judicial district supervised

visitation team or volunteer shall be charged personally with any

liability whatsoever by reason of any act or omission committed or

suffered in the performance of the duties pursuant to the provisions

of this section.

K. The provisions of this section shall not apply to cases

subject to the Oklahoma Children’s Code and the Oklahoma Juvenile

Code.
Okla. Stat. tit. 43A, § 43A-660 — OK Code / Title 43A / Section 43A-660
Renumbered as § 3-602 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-2-111 — OK Code / Title 43A / Section 43A-2-111
Real property trust
Status: in_force

A. 1. The Board of Mental Health and Substance Abuse Services

is hereby authorized and directed to create a trust into which all

real property held by or for the benefit of the Department of Mental

Health and Substance Abuse Services shall be transferred.

2. The trust shall provide that:

a. the property placed into the trust may never be sold,

except for the tracts specifically described in

subparagraph c of this paragraph, if it is determined

by the trustees for the Department's Real Property

Trust and by the Department that such a sale is in the

best interests of the Department, and then the

proceeds shall be used exclusively for tangible

infrastructure improvements that benefit the persons

served by the Department. The provisions of 61 O.S.

Section 327 do not apply to the sale of real property

under this section, otherwise the property shall be

held in perpetuity for the sole benefit of the

Department,

b. the property held by the trust which is not needed for

use by the Department may be leased or rented to

others and all income received from such leases or

rentals shall be payable to the Department for use by

the Department to fulfill the purposes of the

Department, except as provided in subparagraph d of

this section,

c. the following tract or tracts of land may be sold as

set forth in subparagraph a of this paragraph:

(1) Land owned by the Department located in Sections

20 and 29, Township 9 North, Range 2 West,

Cleveland County, Oklahoma,

(2) Land owned by the Department located in Block 5

of Culbertson Heights Addition to the City of

Oklahoma City, Oklahoma County, Oklahoma,

(3) Land owned by the Department located in Section

27, Township 9 North, Range 2 West, Cleveland

County, Oklahoma,

(4) Land owned by the Department located in Section

20, Township 20 North, Range 13 East and

described as PRT NW NW BEG 659.68 Feet South &

Oklahoma Statutes - Title 43A. Mental Health Page 40

310.67 Feet East NWC NW, thence North 142.64

Feet, NE 150 Feet, NW 140 Feet to point on South

Line Mohawk Blvd, NE 300 Feet, SE 187.75 Feet,

East 204.92 Feet to point 405 West of East Line

NW, thence South 355.89 Feet to point on North

Line Atlanta Circle ADD, thence West 604.06 to

Point of Beginning, 5.16 acres More or Less in

Tulsa County, Oklahoma,

(5) Land owned by the Department located in all that

part of the North Half of the Northwest Quarter

of the Northwest Quarter (N/2 NW1/4 NW1/4) of

Section 20, Township 20 North, Range 13 East of

the Indian Base and Meridian, Tulsa County, State

of Oklahoma, according to the United States

Government Survey thereof, being more

particularly described as BEGINNING at the

Northeast corner of such NW/4 NW/4; thence West

along the North line of such NW/4, a distance of

405 feet to a point; thence South and parallel to

the East line of such NW/4, a distance of 615.53

feet to a point; thence East and parallel to the

North line of such NW/4, a distance of 405 feet

to a point in the East line of such NW/4 NW/4,

and such point being 615.53 feet South of the

Northeast corner of such NW/4 NW/4; thence North

along the East line of such NW/4 NW/4 a distance

of 615.53 feet to a Point and Place of the

Beginning,

(6) Land owned by the Department located in Lots 13

through 24, Inclusive Block 5 and Bath Orchard

Addition to Oklahoma City, SE 1/4 of Section 26,

Township 12 North, Range 3 West, and

(7) Land owned by the Department located in a portion

of Block 2 in Warr Acres, Oklahoma and described

as SE 1/4, SE 1/4 of Section 9, Township 12

North, Range 4 West, and

d. under no condition should any real property held in

trust be sold to fund prevention, mental health or

addiction treatment services.

B. Upon the creation of the trust authorized in subsection A of

this section, the Office of Management and Enterprise Services is

directed to provide all necessary assistance to the Department of

Mental Health and Substance Abuse Services to identify and transfer

all property held by or for the benefit of the Department of Mental

Health and Substance Abuse Services to the trust. Except as

provided in subsection C of this section, the Office of Management

and Enterprise Services is authorized and directed to provide all

Oklahoma Statutes - Title 43A. Mental Health Page 41

requested assistance to the Department of Mental Health and

Substance Abuse Services in leasing property placed in such trust.

C. The Commissioners of the Land Office are authorized and

directed to provide all requested assistance to the Department of

Mental Health and Substance Abuse Services in leasing mineral

interests placed in such trust.
Okla. Stat. tit. 43, § 43-601-701 — OK Code / Title 43 / Section 43-601-701
Definitions
Status: in_force

In this article:

1. "Application" means a request under the Convention by an

obligee or obligor or on behalf of a child made through a central

authority for assistance from another central authority;

2. "Central authority" means the entity designated by the

United States or a foreign country described in paragraph d of

subsection 5 of Section 601-102 of this title to perform the

functions specified in the Convention;

Oklahoma Statutes - Title 43. Marriage and Family Page 203

3. "Convention support order" means a support order of a

tribunal of a foreign country described in paragraph d of subsection

5 of Section 601-102 of this title;

4. "Direct request" means a petition filed by an individual in

a tribunal of this state in a proceeding involving an obligee,

obligor, or child residing outside the United States;

5. "Foreign central authority" means the entity designated by a

foreign country described in paragraph d of subsection 5 of Section

601-102 of this title to perform the functions specified in the

Convention;

6. "Foreign support agreement":

a. means an agreement for support in a record that:

(1) is enforceable as a support order in the country

of origin,

(2) has been:

(a) formally drawn up or registered as an

authentic instrument by a foreign tribunal,

or

(b) authenticated by or concluded, registered or

filed with a foreign tribunal,

(3) may be reviewed and modified by a foreign

tribunal, and

b. includes a maintenance arrangement or authentic

instrument under the convention; and

7. "United States central authority" means the Secretary of the

United States Department of Health and Human Services.
Okla. Stat. tit. 43A, § 43A-614 — OK Code / Title 43A / Section 43A-614
Renumbered as § 3-302 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-1-103 — OK Code / Title 43A / Section 43A-1-103
Definitions
Status: in_force

When used in this title, unless otherwise expressly stated, or

unless the context or subject matter otherwise requires:

1. “Department” means the Department of Mental Health and

Substance Abuse Services;

2. “Chair” means the chair of the Board of Mental Health and

Substance Abuse Services;

3. “Mental illness” means a substantial disorder of thought,

mood, perception, psychological orientation or memory that

significantly impairs judgment, behavior, capacity to recognize

reality or ability to meet the ordinary demands of life;

4. “Board” means the Board of Mental Health and Substance Abuse

Services as established by the Mental Health Law;

5. “Commissioner” means the Commissioner of Mental Health and

Substance Abuse Services;

6. “Indigent person” means a person who does not have

sufficient assets or resources to support the person and to support

members of the family of the person lawfully dependent on the person

for support;

Oklahoma Statutes - Title 43A. Mental Health Page 13

7. “Facility” means any hospital, school, building, house or

retreat, authorized by law to have the care, treatment or custody of

an individual with mental illness, drug or alcohol dependency,

gambling addiction, or an eating disorder including, but not limited

to, public or private hospitals, community mental health centers,

clinics, satellites, and community-based structured crisis centers;

provided, that facility shall not mean a child guidance center

operated by the State Department of Health;

8. “Consumer” means a person under care or treatment in a

facility pursuant to the Mental Health Law, or in an outpatient

status;

9. “Care and treatment” means medical care and behavioral

health services, as well as food, clothing and maintenance,

furnished to a person;

10. Whenever in this law or in any other law, or in any rule or

order made or promulgated pursuant to this law or to any other law,

or in the printed forms prepared for the admission of consumers or

for statistical reports, the words “insane”, “insanity”, “lunacy”,

“mentally sick”, “mental disease” or “mental disorder” are used,

such terms shall have equal significance to the words “mental

illness”;

11. “Licensed mental health professional” means:

a. a psychiatrist who is a diplomate of the American

Board of Psychiatry and Neurology,

b. a psychiatrist who is a diplomate of the American

Osteopathic Board of Neurology and Psychiatry,

c. a physician licensed pursuant to the Oklahoma

Allopathic Medical and Surgical Licensure and

Supervision Act or the Oklahoma Osteopathic Medicine

Act,

d. a clinical psychologist who is duly licensed to

practice by the State Board of Examiners of

Psychologists,

e. a professional counselor licensed pursuant to the

Licensed Professional Counselors Act,

f. a person licensed as a clinical social worker pursuant

to the provisions of the Social Worker’s Licensing

Act,

g. a licensed marital and family therapist as defined in

the Marital and Family Therapist Licensure Act,

h. a licensed behavioral practitioner as defined in the

Licensed Behavioral Practitioner Act,

i. an advanced practice nurse as defined in the Oklahoma

Nursing Practice Act,

j. a physician’s assistant who is licensed in good

standing in this state, or

Oklahoma Statutes - Title 43A. Mental Health Page 14

k. a licensed alcohol and drug counselor/mental health

(LADC/MH) as defined in the Licensed Alcohol and Drug

Counselors Act;

12. “Mentally incompetent person” means any person who has been

adjudicated mentally or legally incompetent by an appropriate

district court;

13. a. “Person requiring treatment” means a person who

because of his or her mental illness or drug or

alcohol dependency meets at least one of the

following:

(1) poses a substantial risk of immediate physical

harm to self as manifested by evidence or serious

threats of or attempts at suicide or other

significant self-inflicted bodily harm,

(2) poses a substantial risk of immediate physical

harm to another person or persons as manifested

by evidence of violent behavior directed toward

another person or persons,

(3) has placed another person or persons in a

reasonable fear of violent behavior directed

towards such person or persons or serious

physical harm to them as manifested by serious

and immediate threats,

(4) is in a condition of severe deterioration that is

continuing, as has been observed within the

previous seventy-two-hour period such that,

without immediate intervention, there exists a

substantial risk that severe impairment or injury

will result to the person, or

(5) poses a substantial risk of immediate serious

physical injury to self or death as manifested by

evidence that the person is unable to provide for

and is not providing for his or her basic

physical needs.

b. To the extent it is reasonably available, the relevant

mental health or substance abuse history of the person

shall be considered and may be proffered as part of

the evidence to determine whether the person is a

person requiring treatment or an assisted outpatient.

The mental health or substance abuse history of the

person shall not be the sole basis for this

determination.

c. In determining whether the person is a person

requiring treatment, the following shall also be

considered along with any other relevant information:

(1) the person’s history of violence or criminal acts

including unadjudicated criminal acts if evidence

Oklahoma Statutes - Title 43A. Mental Health Page 15

of the person’s culpability is evident or

established,

(2) the person’s history of compliance with mental

and behavioral health medication and treatment,

(3) the probability and result of the person’s

noncompliance with medication and treatment if

not committed,

(4) the consumer’s history of using weapons in an

illegal or unsafe manner, and

(5) any previous instances of harm, attempted harm,

or threatened harm to self or others.

d. Unless a person also meets the criteria established in

subparagraph a, b, or c of this paragraph, “person

requiring treatment” or an “assisted outpatient” shall

not mean:

(1) a person whose mental processes have been

weakened or impaired by reason of advanced years,

dementia, or Alzheimer’s disease,

(2) a person who is an individual with intellectual

disability or developmental disability as defined

in Section 1408 of Title 10 of the Oklahoma

Statutes,

(3) a person with seizure disorder,

(4) a person with a traumatic brain injury, or

(5) a person who is homeless.

e. (1) A person who meets the criteria established in

this paragraph but who is medically unstable may

be discharged and transported in accordance with

Section 1-110 of this title. Alternatively, if

the facility holding the person is able to treat

the additional medical conditions of that person,

the facility may treat the additional medical

conditions in an effort to medically stabilize

the patient.

(2) If the facility holding the person is unable to

treat the additional medical conditions of a

person who meets the criteria established in this

paragraph, the patient shall be discharged and

transported in accordance with Section 1-110 of

this title.

(3) All time elapsed during medical stabilization

tolls the twelve-hour time for an initial

assessment pursuant to paragraph 1 of subsection

A of Section 5-208 of this title, and the one-

hundred-twenty-hour emergency detention time

pursuant to paragraph 3 of subsection A of

Section 5-208 of this title;

Oklahoma Statutes - Title 43A. Mental Health Page 16

14. “Petitioner” means a person who files a petition alleging

that an individual is a person requiring treatment or an assisted

outpatient;

15. “Executive director” means the person in charge of a

facility as defined in this section;

16. “Private hospital or facility” means any general hospital

maintaining a neuro-psychiatric unit or ward, or any private

hospital or facility for care and treatment of a person having a

mental illness, which is not supported by the state or federal

government. The term “private hospital” or “facility” shall not

include nursing homes or other facilities maintained primarily for

the care of elderly and disabled persons;

17. “Individualized treatment plan” means a proposal developed

during the stay of an individual in a facility, under the provisions

of this title, which is specifically tailored to the treatment needs

of the individual. Each plan shall clearly include the following:

a. a statement of treatment goals or objectives, based

upon and related to a clinical evaluation, which can

be reasonably achieved within a designated time

interval,

b. treatment methods and procedures to be used to obtain

these goals, which methods and procedures are related

to each of these goals and which include specific

prognosis for achieving each of these goals,

c. identification of the types of professional personnel

who will carry out the treatment procedures including

appropriate medical or other professional involvement

by a physician or other health professional properly

qualified to fulfill legal requirements mandated under

state and federal law,

d. documentation of involvement by the individual

receiving treatment and, if applicable, the accordance

of the individual with the treatment plan, and

e. a statement attesting that the executive director of

the facility or clinical director has made a

reasonable effort to meet the plan’s individualized

treatment goals in the least restrictive environment

possible closest to the home community of the

individual;

18. “Telemedicine” means technology-enabled health and care

management and delivery systems that extend capacity and access,

which includes:

a. synchronous mechanisms, which may include live

audiovisual interaction between a patient and a health

care professional or real-time provider to provider

consultation through live interactive audiovisual

means,

Oklahoma Statutes - Title 43A. Mental Health Page 17

b. asynchronous mechanisms, which include store and

forward transfers, online exchange of health

information between a patient and a health care

professional and online exchange of health information

between health care professionals, but shall not

include the use of automated text messages or

automated mobile applications that serve as the sole

interaction between a patient and a health care

professional,

c. remote patient monitoring, and

d. other electronic means that support clinical health

care, professional consultation, patient and

professional health-related education, public health

and health administration;

19. “Recovery and recovery support” means nonclinical services

that assist individuals and families to recover from alcohol or drug

problems. They include social support, linkage to and coordination

among allied service providers including but not limited to

transportation to and from treatment or employment, employment

services and job training, case management and individual services

coordination, life skills education, relapse prevention, housing

assistance, child care, and substance abuse education;

20. “Assisted outpatient” means a person who:

a. is either currently under the care of a facility

certified by the Department of Mental Health and

Substance Abuse Services as a community mental health

center, or is being discharged from the custody of the

Department of Corrections, or is being discharged from

a residential placement by the Office of Juvenile

Affairs,

b. is suffering from a mental illness,

c. is unlikely to survive safely in the community without

supervision, based on a clinical determination,

d. has a history of lack of compliance with treatment for

mental illness that has:

(1) prior to the filing of a petition, at least twice

within the last thirty-six (36) months been a

significant factor in necessitating

hospitalization or treatment in a hospital or

residential facility including admission to a

community-based structured crisis center as

certified by the Department of Mental Health and

Substance Abuse Services, or receipt of services

in a forensic or other mental health unit of a

correctional facility, or a specialized treatment

plan for treatment of mental illness in a secure

Oklahoma Statutes - Title 43A. Mental Health Page 18

juvenile facility or placement in a specialized

residential program for juveniles, or

(2) prior to the filing of the petition, resulted in

one or more acts of serious violent behavior

toward self or others or threats of, or attempts

at, serious physical harm to self or others

within the last twenty-four (24) months,

e. is, as a result of his or her mental illness, unlikely

to voluntarily participate in outpatient treatment

that would enable him or her to live safely in the

community,

f. in view of his or her treatment history and current

behavior, is in need of assisted outpatient treatment

in order to prevent a relapse or deterioration which

would be likely to result in serious harm to the

person or persons, and

g. is likely to benefit from assisted outpatient

treatment;

21. “Assisted outpatient treatment” means outpatient services

which have been ordered by the court pursuant to a treatment plan

approved by the court to treat an assisted outpatient’s mental

illness and to assist the person in living and functioning in the

community, or to attempt to prevent a relapse or deterioration that

may reasonably be predicted to result in suicide or the need for

hospitalization; and

22. “Urgent recovery clinic” means a clinic that offers

voluntary services aimed at the assessment and immediate

stabilization of acute symptoms of mental illness, alcohol and other

drug abuse, and emotional distress. Unless the person receiving

treatment consents to a longer duration or unless the person is

placed into emergency detention under Sections 5-206 through 5-209

of this title, no more than twenty-three (23) hours and fifty-nine

(59) minutes of services may be provided to a consumer during one

episode of care at an urgent recovery clinic.
Okla. Stat. tit. 43A, § 43A-5-415 — OK Code / Title 43A / Section 43A-5-415
Hearing – Order - Records
Status: in_force

A. Upon receiving a petition alleging a person to be a person

requiring treatment, the court shall set a day and time for the

hearing.

1. If the person alleged to be a person requiring treatment

does not have an attorney, the court shall immediately appoint an

attorney for the person.

2. If a copy of a mental health evaluation is not attached to

the petition at the time it is filed, the court shall immediately

order a mental health evaluation of the person as provided by

Section 5-414 of this title.

B. If the court deems it necessary, or if the person alleged to

be a person requiring treatment demands, the court shall schedule

the hearing on the petition as a jury trial to be held within one

hundred twenty (120) hours or five (5) days of the demand, excluding

weekends and holidays, or within as much additional time as is

requested by the attorney of such person upon good cause shown.

C. The court, at the hearing on the petition, shall determine

by clear and convincing evidence whether the person is a person

requiring treatment.

1. The court shall take evidence and make findings of fact

concerning the person's competency to consent to or refuse the

treatment that may be ordered, including, but not limited to, the

consumer's right to refuse medication.

2. If a jury trial is not demanded, the court may receive as

evidence and act upon the affidavits of the licensed mental health

professionals who evaluated the person and the mental health

evaluation.

3. When the hearing is conducted as a jury trial, the

petitioner and any witness in behalf of the petitioner shall be

subject to cross-examination by the attorney for the person alleged

to be a person requiring treatment. The person alleged to be a

person requiring treatment may also be called as a witness and

cross-examined.

D. After the hearing, when the court determines that the person

is not a person requiring treatment, the court shall dismiss the

petition and, if the person is being detained, order the person to

be discharged from detention.

E. After the hearing, when the court determines the person to

be a person requiring treatment, the court shall order the person to

receive the least restrictive treatment consistent with the

treatment needs of the person and the safety of the person and

others.

Oklahoma Statutes - Title 43A. Mental Health Page 149

1. The court shall not order hospitalization without a thorough

consideration of available treatment alternatives to hospitalization

and may direct the submission of evidence as to the least

restrictive treatment alternative or may order a mental health

examination.

2. If the court finds that a program other than hospitalization

is appropriate to meet the treatment needs of the individual and is

sufficient to prevent injury to the individual or to others, the

court may order the individual to receive whatever treatment other

than hospitalization that is appropriate for a period set by the

court, during which time the court shall continue its jurisdiction

over the individual as a person requiring treatment.

3. If the court orders the person to be committed for

involuntary inpatient treatment, the court shall commit the person

to the custody of the Department of Mental Health and Substance

Abuse Services for a placement that is suitable to the person's

needs or to a private facility willing to accept the person for

treatment.

4. The person shall be delivered to the custody of the

Department of Mental Health and Substance Abuse Services for a

placement that is suitable to the person's needs or to a private

facility willing to accept the person for treatment.

5. If the person is placed in the custody of the Department,

the Department may designate two or more facilities to provide

treatment and if the person to be treated or a parent, spouse,

guardian, brother, sister or child, who is at least eighteen (18)

years of age, of the person, expresses a preference for one such

facility, the Department shall attempt, if administratively

possible, to comply with the preference.

6. The person shall be discharged from inpatient treatment at

such time as the person no longer requires treatment as determined

by the executive director of the facility or the designee of the

executive director, or as otherwise required by law.

F. The court shall make and keep records of all cases brought

before it.

1. Except as provided in Section 1290.27 of Title 21 of the

Oklahoma Statutes, no records of proceedings pursuant to this

section shall be open to public inspection except by order of the

court or to employees of the Department of Mental Health and

Substance Abuse Services if the person is placed at a state facility

or the employees of the private facility where admitted if accepted

into a private facility, the person's attorney of record, the

person's treatment advocate as defined pursuant to Section 1-109.1

of this title, if any, a person having a valid power of attorney

with health care decision-making authority, a person having valid

guardianship with health care decision-making authority, a person

having an advance health care directive, a person having an

Oklahoma Statutes - Title 43A. Mental Health Page 150

attorney-in-fact as designated in a valid mental health advance

directive or persons having a legitimate treatment interest, unless

specifically indicated otherwise by the instrument or court order.

The documents shall not identify the alleged person requiring

treatment directly or indirectly as a person with a substance abuse

disorder.

2. Bonded abstractors may be deemed to be persons having a

legitimate interest for the purpose of having access to records

regarding determinations of persons requiring treatment under this

section.
Okla. Stat. tit. 43A, § 43A-3-107b — OK Code / Title 43A / Section 43A-3-107b
Tulsa Center for Behavioral Health
Status: in_force

A. The "Tulsa Center for Behavioral Health" is hereby created

and designated as a facility within the Department of Mental Health

and Substance Abuse Services and shall be operated under the

supervision of the Department of Mental Health and Substance Abuse

Services.

B. There is hereby created a petty cash fund for the Tulsa

Center for Behavioral Health. The Director of the Office of

Management and Enterprise Services and Commissioner of Mental Health

and Substance Abuse Services are authorized to fix the maximum

amount of this petty cash fund and the Director of the Office of

Management and Enterprise Services shall prescribe the rules and

procedures for the administration of the petty cash fund.
Okla. Stat. tit. 43, § 43-124 — OK Code / Title 43 / Section 43-124
Bigamy a felony
Status: in_force

Every person convicted of bigamy as such offense is defined in

Section 123 of this title shall be guilty of a felony and shall be

punished by imprisonment in the State Penitentiary for a term of not

less than one (1) year nor more than three (3) years.

R.L. 1910, § 4972. Renumbered from § 1281 of Title 12 by Laws 1989,

c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1997, c. 133, §

463, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 336, eff.

July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 463 from July 1, 1998, to July 1, 1999.
Okla. Stat. tit. 43, § 43-15 — OK Code / Title 43 / Section 43-15
Miscellaneous offenses - Penalties
Status: in_force

Any judge of the district court, or clerk of the district court,

knowingly issuing any marriage license, or concealing any record

thereof, contrary to the provisions of this chapter, or any person

knowingly performing or solemnizing the marriage ceremony contrary

to any of the provisions of this chapter, shall be guilty of a

misdemeanor and upon conviction thereof shall be punished by a fine

of not less than One Hundred Dollars ($100.00) nor more than Five

Hundred Dollars ($500.00), or by imprisonment in the county jail not

less than thirty (30) days nor more than one (1) year or by both

such fine and imprisonment.
Okla. Stat. tit. 43, § 43-601-309 — OK Code / Title 43 / Section 43-601-309
Private counsel
Status: in_force

An individual may employ private counsel to represent the

individual in proceedings authorized by this act.
Okla. Stat. tit. 43, § 43-110 — OK Code / Title 43 / Section 43-110
Automatic temporary injunction – Temporary orders
Status: in_force

A. 1. Except as otherwise provided by this subsection, upon

the filing of a petition for dissolution of marriage, annulment of a

marriage or legal separation by the petitioner and upon personal

service of the petition and summons on the respondent, or upon

waiver and acceptance of service by the respondent, an automatic

temporary injunction shall be in effect against both parties

pursuant to the provisions of this section:

a. restraining the parties from transferring,

encumbering, concealing, or in any way disposing of,

without the written consent of the other party or an

order of the court, any marital property, except in

the usual course of business, for the purpose of

retaining an attorney for the case or for the

necessities of life and requiring each party to notify

the other party of any proposed extraordinary

expenditures and to account to the court for all

extraordinary expenditures made after the injunction

is in effect,

b. restraining the parties from:

(1) intentionally or knowingly damaging or destroying

the tangible property of the parties, or of

either of them, specifically including, but not

Oklahoma Statutes - Title 43. Marriage and Family Page 38

limited to, any electronically stored materials,

electronic communications, social network data,

financial records, and any document that

represents or embodies anything of value,

(2) making any withdrawal for any purpose from any

retirement, profit-sharing, pension, death, or

other employee benefit plan or employee savings

plan or from any individual retirement account or

Keogh account,

(3) withdrawing or borrowing in any manner all or any

part of the cash surrender value of any life

insurance policies on either party or their

children,

(4) changing or in any manner altering the

beneficiary designation on any life insurance

policies on the life of either party or any of

their children,

(5) canceling, altering, or in any manner affecting

any casualty, automobile, or health insurance

policies insuring the parties' property or

persons,

(6) opening or diverting mail addressed to the other

party, and

(7) signing or endorsing the other party's name on

any negotiable instrument, check, or draft, such

as tax refunds, insurance payments, and

dividends, or attempting to negotiate any

negotiable instruments payable to either party

without the personal signature of the other

party,

c. requiring the parties to maintain all presently

existing health, property, life and other insurance

which the individual is presently carrying on any

member of this family unit, and to cooperate as

necessary in the filing and processing of claims. Any

employer-provided health insurance currently in

existence shall remain in full force and effect for

all family members,

d. enjoining both parties from molesting or disturbing

the peace of the other party or of the children to the

marriage,

e. restraining both parties from disrupting or

withdrawing their children from an educational

facility and programs where the children historically

have been enrolled, or day care,

f. restraining both parties from hiding or secreting

their children from the other party,

Oklahoma Statutes - Title 43. Marriage and Family Page 39

g. restraining both parties from removing the minor

children of the parties, if any, beyond the

jurisdiction of the State of Oklahoma, acting directly

or in concert with others, except for vacations of two

(2) weeks or less duration, without the prior written

consent of the other party, which shall not be

unreasonably withheld, and

h. requiring, unless otherwise agreed upon by the parties

in writing, the delivery by each party to the other

within thirty (30) days from the earlier of either the

date of service of the summons or the filing of an

initial pleading by the respondent, the following

documents:

(1) the federal and state income tax returns of each

party for the past two (2) years and any

nonpublic, limited partnership and privately held

corporate returns for any entity in which either

party has an interest, together with all

supporting documentation for the tax returns,

including but not limited to W-2 forms, 1099

forms, K-1 forms, Schedule C and Schedule E. If

a return is not completed at the time of

disclosure, the parties shall provide the

documents necessary to prepare the tax return of

the party, to include W-2 forms, 1099 forms, K-1

forms, copies of extension requests and estimated

tax payments,

(2) two (2) months of the most recent pay stubs from

each employer for whom the party worked,

(3) statements for the past six (6) months for all

bank accounts held in the name of either party

individually or jointly, or in the name of

another person for the benefit of either party,

or held by either party for the benefit of the

minor child or children of the parties,

(4) documentation regarding the cost and nature of

available health insurance coverage for the

benefit of either party or the minor child or

children of the parties,

(5) documentation regarding the cost and nature of

employment or educationally related child care

expenses incurred for the benefit of the minor

child or children of the parties, and

(6) documentation regarding all debts in the name of

either party individually or jointly, showing the

most recent balance due and payment terms.

Oklahoma Statutes - Title 43. Marriage and Family Page 40

2. If either party is not in possession of a document required

pursuant to subparagraph h of paragraph 1 of this subsection or has

not been able to obtain the document in a timely fashion, the party

shall state in verified writing, under the penalty of perjury, the

specific document which is not available, the reasons the document

is not available, and what efforts have been made to obtain the

document. As more information becomes available, there is a

continuing duty to supplement the disclosures.

3. Nothing in this subsection shall prohibit a party from

conducting further discovery pursuant to the Oklahoma Discovery

Code.

4. a. The provisions of the automatic temporary injunction

shall be printed as an attachment to the summons and

the petition and entitled "Automatic Temporary

Injunction Notice".

b. The automatic temporary injunction notice shall

contain a provision which will allow the parties to

waive the automatic temporary injunction. In

addition, the provision must state that unless both

parties have agreed and have signed their names in the

space provided, that the automatic temporary

injunction will be effective. Along with the waiver

provision, the notice shall contain a check box and

space available for the signatures of the parties.

5. The automatic temporary injunction shall become an order of

the court upon fulfillment of the requirements of paragraph 1 of

this subsection unless and until:

a. the automatic temporary injunction is waived by the

parties. Both parties must indicate on the automatic

temporary injunction notice in the space provided that

the parties have both agreed to waive the automatic

temporary injunction. Each party must sign his or her

own name on the notice in the space provided, or

b. a party, no later than three (3) days after service on

the party, files an objection to the injunction and

requests a hearing. Provided, the automatic temporary

injunction shall remain in effect until the hearing

and a judge orders the injunction removed.

6. The automatic temporary injunction shall be dissolved upon

the granting of the dissolution of marriage, final order of legal

separation or other final order.

7. Nothing in this subsection shall preclude either party from

applying to the court for further temporary orders, pursuant to this

section, an expanded automatic temporary injunction, or modification

or revocation thereto.

8. a. With regard to an automatic temporary injunction, when

a petition for dissolution of marriage, annulment of a

Oklahoma Statutes - Title 43. Marriage and Family Page 41

marriage, or a legal separation is filed and served, a

peace officer shall use every reasonable means to

enforce the injunction which enjoins both parties from

molesting or disturbing the peace of the other party

or the children of the marriage against a petitioner

or respondent, whenever:

(1) there is exhibited by a respondent or by the

petitioner to the peace officer a copy of the

petition or summons, with an attached Temporary

Injunction Notice, duly filed and issued pursuant

to this section, together with a certified copy

of the affidavit of service of process or a

certified copy of the waiver and acceptance of

service, and

(2) the peace officer has cause to believe that a

violation of the automatic temporary injunction

has occurred.

b. A peace officer shall not be held civilly or

criminally liable for his or her action pursuant to

this paragraph if his or her action is in good faith

and without malice.

B. After a petition has been filed in an action for dissolution

of marriage or legal separation either party may request the court

to issue:

1. A temporary order:

a. regarding child custody, support or visitation,

b. regarding spousal maintenance,

c. regarding payment of debt,

d. regarding possession of property,

e. regarding attorney fees, and

f. providing other injunctive relief proper in the

circumstances.

All applications for temporary orders shall set forth the

factual basis for the application and shall be verified by the party

seeking relief. The application and a notice of hearing shall be

served on the other party in any manner provided for in the Rules of

Civil Procedure;

2. A temporary order. If domestic abuse is not alleged, when

setting a hearing to enter temporary orders, the court shall conduct

a substantive hearing and issue a ruling on custody, visitation,

child support, and other ancillary matters, including property. The

court shall schedule the hearing to take place within thirty (30)

days from the date that the application for temporary orders is

presented to the court for scheduling by the moving party, unless

the parties agree in writing to waive this requirement, and said

agreement is memorialized by an order of the court. The moving

Oklahoma Statutes - Title 43. Marriage and Family Page 42

party shall provide at least five (5) days' notice of hearing to the

nonmoving party;

3. A temporary order. In an application for a temporary order,

any party alleging acts of domestic abuse, as defined by Section 109

of this title, against the other party, or the minor child or

children at issue and either of the following are present:

a. the moving party has been granted a temporary or

permanent order of protection against the other party

for domestic abuse committed against the moving party

or the minor child or children at issue, or

b. the party against whom domestic violence has been

alleged has been charged in any criminal proceeding,

within the past five (5) years, with an act of

domestic abuse wherein the moving party or a child of

the party alleging domestic abuse is the victim,

the court shall set a hearing upon application within ten (10) days

of filing, with the moving party providing five (5) days' notice of

hearing to the nonmoving party unless waived by both parties, and

memorialized by an order of the court. The court shall conduct a

substantive hearing and issue a ruling on custody, visitation, child

support, and other ancillary matters, including property. The

requesting party shall attach a certified copy of the emergency

protective order, probable cause affidavit, or charging information,

if available, to the temporary orders application;

4. A temporary restraining order. If the court finds on the

basis of a verified application and testimony of witnesses that

irreparable harm will result to the moving party, or a child of a

party if no order is issued before the adverse party or attorney for

the adverse party can be heard in opposition, the court may issue a

temporary restraining order which shall become immediately effective

and enforceable without requiring notice and opportunity to be heard

to the other party. Provided, for the purposes of this section, no

minor child or children temporarily residing in a licensed,

certified domestic violence shelter in the state shall be removed by

an ex parte order. If a temporary restraining order is issued

pursuant to this paragraph, the motion for a temporary order shall

be set within ten (10) days, but such hearing shall not be heard

unless five (5) days' notice of hearing is given to the other party.

C. Any temporary orders and the automatic temporary injunction,

or specific terms thereof, may be vacated or modified prior to or in

conjunction with a final decree on a showing by either party of

facts necessary for vacation or modification. Temporary orders and

the automatic temporary injunction terminate when the final judgment

on all issues, except attorney fees and costs, is rendered or when

the action is dismissed. The court may reserve jurisdiction to rule

on an application for a contempt citation for a violation of a

temporary order or the automatic temporary injunction which is filed

Oklahoma Statutes - Title 43. Marriage and Family Page 43

any time prior to the time the temporary order or injunction

terminates.

D. Upon granting a decree of dissolution of marriage, annulment

of a marriage, or legal separation, the court may require either

party to pay such reasonable expenses of the other as may be just

and proper under the circumstances.

E. The court may in its discretion make additional orders

relative to the expenses of any such subsequent actions, including

but not limited to writs of habeas corpus, brought by the parties or

their attorneys, for the enforcement or modification of any

interlocutory or final orders in the dissolution of marriage action

made for the benefit of either party or their respective attorneys.

R.L. 1910, § 4967. Amended by Laws 1965, c. 7, § 1, emerg. eff.

Feb. 9, 1965; Laws 1976, c. 256, § 1. Renumbered from § 1276 of

Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by
Okla. Stat. tit. 43, § 43-110.2 — OK Code / Title 43 / Section 43-110.2
Blood, saliva, urine or any other tests – Child custody
Status: in_force

or visitation.

In any action in which the custody of or the visitation with a

child is a relevant fact and at issue, the court may order the

mother, the child or father to submit to blood, saliva, urine or any

other test deemed necessary by the court in determining that the

custody of or visitation with the child will be in the best

interests of the child. If so ordered and any party or child

refuses to submit to such tests, the court may enforce its order if

the rights of others and the interests of justice so require unless

such individual is found to have good cause for refusing to

cooperate.
Okla. Stat. tit. 43A, § 43A-5-403 — OK Code / Title 43A / Section 43A-5-403
Renumbered as § 5-417 of this title by Laws 1997, c
Status: in_force

387, § 12, eff. Nov. 1, 1997.
Okla. Stat. tit. 43A, § 43A-4-102 — OK Code / Title 43A / Section 43A-4-102
Individualized treatment plans - Requirements
Status: in_force

There shall be developed during a person’s stay in a mental

health facility, an individualized treatment plan which shall be

Oklahoma Statutes - Title 43A. Mental Health Page 106

specifically tailored to such person’s treatment needs. Each plan

shall clearly include the following:

1. A statement of treatment goals or objectives, based upon and

related to a proper evaluation, which can be reasonably achieved

within a designated time interval;

2. Treatment methods and procedures to be used to obtain these

goals, which methods and procedures are related to these goals and

which include specific prognosis for achieving each of these goals;

3. Identification of the types of professional personnel who

shall carry out the treatment procedures, including appropriate

medical or other professional involvement by a physician or other

health professional properly qualified to fulfill legal requirements

mandated under state and federal law;

4. Documentation of consumer involvement and, if applicable,

accordance with the treatment plan by the consumer; and

5. A statement attesting that the person in charge of the

facility or clinical director has made a reasonable effort to meet

the individualized treatment goals of the plan in the least

restrictive environment possible, closest to the home community of

the consumer.
Okla. Stat. tit. 43A, § 43A-651 — OK Code / Title 43A / Section 43A-651
Purpose
Status: in_force

The purpose of this act is to provide a comprehensive program of

human renewal for drug-dependent persons through the creation of

programs of prevention, consultation, outpatient care, inpatient

care and rehabilitation.
Okla. Stat. tit. 43A, § 43A-4-205 — OK Code / Title 43A / Section 43A-4-205
Payment by guardian - Collection by legal proceeding
Status: in_force

A. If a guardian has been appointed for the estate of a

consumer in a facility within the Department of Mental Health and

Substance Abuse Services, the court shall order the guardian to pay

the amount of the state’s claim for care and treatment.

B. If no guardian has been appointed, the claim of the state

against a consumer for the care and treatment of the consumer may be

collected by suit or other proceedings against the consumer brought

in the name of the state by the district attorney of the county from

which said consumer was sent or any county in which the consumer may

have property.

C. The claim of the state against a husband, wife, the parents

and the children of any consumer for care and treatment of the

consumer may be collected by suit or other proceedings in the name

of the state against the husband, the wife, a parent, a child, or

any two or more of them.
Okla. Stat. tit. 43A, § 43A-701 — OK Code / Title 43A / Section 43A-701
Renumbered as § 3-701 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-3-403 — OK Code / Title 43A / Section 43A-3-403
Definitions
Status: in_force

As used in the Oklahoma Alcohol and Drug Abuse Services Act:

1. "Approved treatment facility" means any facility which:

a. offers either inpatient, intermediate or outpatient

treatment to any person suffering from alcohol or drug

abuse, or alcohol- or drug-related problems, and

b. is certified by the Board of Mental Health and

Substance Abuse Services;

2. An "alcohol-dependent person" is one who uses alcoholic

beverages to such an extent that it impairs the health, family life,

or occupation of the person and compromises the health and safety of

the community;

3. A "drug-dependent person" means a person who is using a

controlled substance as presently defined in Section 102 of the

Federal Controlled Substances Act and who is in a state of psychic

or physical dependence, or both, arising from administration of that

controlled substance on an intermittent or continuous basis. Drug

dependence is characterized by behavioral and other responses which

include a strong compulsion to take the substance on a continuous

basis in order to experience its psychic effects, or to avoid the

discomfort of its absence;

4. "Intoxicated person" means a person whose mental or physical

functioning is substantially impaired as the direct result of the

consumption of alcohol or drugs;

5. "Medical detoxification" means diagnostic and treatment

services performed by licensed facilities for acute alcohol

intoxication, delirium tremens and physical and neurological

complications resulting from acute intoxication. Medical

detoxification includes the services of a physician and attendant

medical personnel including nurses, interns and emergency room

Oklahoma Statutes - Title 43A. Mental Health Page 82

personnel, the administration of a medical examination and a medical

history, the use of an emergency room and emergency medical

equipment if warranted, a general diet of three meals each day, the

administration of appropriate laboratory tests, and supervision by

properly trained personnel until the person is no longer medically

incapacitated by the effects of alcohol;

6. "Nonmedical detoxification" means detoxification services

for intoxicated clients with no apparent physical or neurological

symptoms requiring medical treatment as a result of their

intoxication. Nonmedical detoxification includes providing a bed,

oral administration of fluids, three meals a day and the taking of

the client's temperature, blood pressure and pulse at least once

every six (6) hours for the duration of the client's stay in the

nonmedical detoxification service;

7. "Inpatient treatment" means the process of providing

residential diagnostic and treatment services on a scheduled basis;

8. "Intermediate care" means an organized therapeutic

environment in which a client may receive diagnostic services,

counseling, vocational rehabilitation and/or work therapy while

benefiting from the support which a full or partial residential

setting can provide. Intermediate care should provide a transition

between the inpatient detoxification facility and reintegration into

community life. Intermediate care must include provision for a bed,

three meals a day and medical support if needed;

9. "Transitional living facility" and "halfway house" means an

approved treatment facility which offers or provides temporary

residential accommodations, meals, supervision at all times

residents are in the facility or on facility premises, and services,

including counseling, short-term supportive care, case management,

mental health services or treatment services. The terms do not

include residential substance abuse centers which are facilities

that provide treatment for consumers in a live-in setting that

provides a regimen consisting of twenty-four (24) treatment hours

per week;

10. "Short-term supportive care" means a service rendered to

any person residing in a halfway house or transitional living

facility which is sufficient to assist the person to meet or achieve

an adequate level of daily living and to learn or develop adequate

daily living skills. Daily living skills shall include, but not be

limited to, resident participation in meal preparation and routine

housekeeping and laundry tasks. Short-term supportive assistance

includes, but is not limited to, assistance in the preparation of

meals, housekeeping, laundry tasks and personal hygiene. Short-term

supportive assistance shall not include medical services or personal

care as defined in Section 1-820 of Title 63 of the Oklahoma

Statutes;

Oklahoma Statutes - Title 43A. Mental Health Page 83

11. "Treatment" means the broad range of emergency, inpatient,

intermediate and outpatient services and care, including diagnostic

evaluation, medical, psychiatric, psychological and social service

care, vocational rehabilitation and career counseling, which may be

extended to alcohol-dependent, intoxicated and drug-dependent

persons; and

12. "Faith-based" means an organization, association, facility

or program that offers services within a context of religious

beliefs that are articulated by the organization's, association's,

facility's or program's mission statement, affiliations, or

sponsoring entities.
Okla. Stat. tit. 43A, § 43A-2 — OK Code / Title 43A / Section 43A-2
Renumbered as § 1-102 of this title by Laws 1986, c. 103, §
Status: in_force

103, eff. Nov. 1, 1986.

Oklahoma Statutes - Title 43A. Mental Health Page 32
Okla. Stat. tit. 43A, § 43A-2-218 — OK Code / Title 43A / Section 43A-2-218
Misuse or misappropriation of funds or property of
Status: in_force

canteen.

Oklahoma Statutes - Title 43A. Mental Health Page 46

Any officer or employee within the Department who shall misuse

or misappropriate any funds or other property of a canteen

established at an institution within the Department shall be guilty

of a misdemeanor and, upon conviction, shall be fined not to exceed

One Thousand Dollars ($1,000.00) or confined in the county jail for

not more than one (1) year, or both such fine and imprisonment.
Okla. Stat. tit. 43, § 43-118B — OK Code / Title 43 / Section 43-118B
Computation of gross income - Imputed income - Self-
Status: in_force

employment income - Fringe benefits - Social Security Title II

benefits.

A. As used in Section 118 et seq. of this title:

1. "Gross income" includes earned and passive income from any

source, except as excluded in this section;

2. "Earned income" is defined as income received from labor or

the sale of goods or services and includes, but is not limited to,

income from:

a. salaries,

b. wages,

c. tips,

d. commissions,

e. bonuses,

f. severance pay, and

g. military pay including hostile fire or imminent danger

pay, combat pay, family separation pay, or hardship

duty location pay; and

3. "Passive income" is defined as all other income and

includes, but is not limited to, income from:

a. dividends,

b. pensions,

c. rent,

d. interest income,

e. trust income,

f. support alimony being received from someone other than

the other parent in this case,

g. annuities,

h. social security benefits,

i. workers' compensation benefits,

j. unemployment insurance benefits,

k. disability insurance benefits,

l. gifts,

m. prizes,

n. gambling winnings,

o. lottery winnings, and

p. royalties.

B. Income specifically excluded is:

1. Actual child support received for children not before the

court;

2. Adoption Assistance subsidy paid by the Department of Human

Services;

3. Benefits received from means-tested public assistance

programs including, but not limited to:

a. Temporary Assistance for Needy Families (TANF),

b. Supplemental Security Income (SSI),

c. Food Stamps, and

Oklahoma Statutes - Title 43. Marriage and Family Page 81

d. General Assistance and State Supplemental Payments for

Aged, Blind and the Disabled;

4. The income of the child from any source including, but not

limited to, trust income and social security benefits drawn on the

disability of the child; and

5. Payments received by the parent for the care of foster

children.

C. Determining gross income.

1. For purposes of computing gross income of the parents, gross

income shall include for each parent whichever is the most equitable

of:

a. all current monthly gross income described in this

section, plus such overtime and supplemental income as

the court deems appropriate,

b. the average of the gross monthly income for the time

actually employed during the previous year, or

c. gross monthly income imputed as set forth in paragraph

3 of this subsection.

2. If a parent is permanently physically or mentally

incapacitated or incarcerated for more than one hundred eighty (180)

consecutive days, the child support obligation shall be computed on

the basis of current monthly gross income. For purposes of

computing gross income of the parents in such circumstances, gross

income shall not be imputed as set forth in paragraph 3 of this

subsection unless the obligor's incarceration is a result of

indirect contempt of court for failure to pay child support, the

crime of omission to provide child support or for any offense for

which the obligee's dependent child or the obligee was a victim.

3. Imputed income.

If evidence of current or average income of a parent is not

available or not the most equitable, the court may consider the

following factors to impute the parent's monthly gross income:

a. the average wages and hours worked in the parent's

particular industry and geographic area and the

parent's education, training, work experience and

ability to work,

b. wages the parent could earn consistent with the

minimum wage rate of not less than twenty-five (25)

hours per week,

c. whether a parent has been determined by the court to

be willfully or voluntarily underemployed or

unemployed including whether unemployment or

underemployment for the purpose of pursuing additional

training or education is reasonable in light of the

obligation of the parent to support his or her

children or other voluntary action to reduce a

parent's income,

Oklahoma Statutes - Title 43. Marriage and Family Page 82

d. the lifestyle of the parent including ownership of

valuable assets and resources, whether in the name of

the parent or the current spouse of the parent, that

appears inappropriate or unreasonable for the income

claimed by the parent,

e. the role of the parent as caretaker of a handicapped

or seriously ill child of that parent, or any other

handicapped or seriously ill relative for whom that

parent has assumed the role of caretaker which

eliminates or substantially reduces the ability of the

parent to work outside the home, and the need of that

parent to continue in that role in the future, or

f. any additional factors deemed relevant to the

particular circumstances of the case.

D. Self-employment income.

1. Income from self-employment includes income from, but not

limited to, business operations, work as an independent contractor

or consultant, sales of goods or services, and rental properties,

less ordinary and reasonable expenses necessary to produce such

income.

2. A determination of business income for tax purposes shall

not control for purposes of determining a child support obligation.

Amounts allowed by the Internal Revenue Service for accelerated

depreciation or investment tax credits shall not be considered

reasonable expenses.

3. The district or administrative court shall deduct from self-

employment gross income an amount equal to the employer contribution

for F.I.C.A. tax which an employer would withhold from an employee's

earnings on an equivalent gross income amount.

E. Fringe benefits.

1. Fringe benefits for inclusion as income or in-kind

remuneration received by a parent in the course of employment, or

operation of a trade or business, shall be counted as income if they

significantly reduce personal living expenses.

2. Such fringe benefits might include, but are not limited to,

per diem or other allowance, company car, housing, or room and

board.

3. Basic Allowance for Housing, Basic Allowance for

Subsistence, and Variable Housing Allowances for service members are

considered income for the purposes of determining child support.

4. Fringe benefits do not include employee benefits that are

typically added to the salary, wage, or other compensation that a

parent may receive as a standard added benefit, such as employer

contributions to portions of health insurance premiums or employer

contributions to a retirement or pension plan.

F. Social Security Title II benefits.

Oklahoma Statutes - Title 43. Marriage and Family Page 83

1. Social Security Title II benefits received by a child shall

be included as income to the parent on whose account the benefit of

the child is drawn and applied against the support obligation

ordered to be paid by that parent. If the benefit of the child is

drawn from the disability of the child, the benefit of the child is

not added to the income of either parent and not deducted from the

obligation of either parent.

2. Child support greater than social security benefit.

If the child support award due after calculating the child

support guidelines is greater than the social security benefit

received on behalf of the child, the obligor shall be required to

pay the amount exceeding the social security benefit as part of the

child support award in the case.

3. Child support equal to or less than social security

benefits.

a. If the child support award due after calculating the

child support guidelines is less than or equal to the

social security benefit received on behalf of the

child, the child support obligation of that parent is

met and no additional child support amount must be

paid by that parent.

b. Any social security benefit amounts which are greater

than the support ordered by the court shall be

retained by the caretaker for the benefit of the child

and shall not be used as a reason for decreasing the

child support order or reducing arrearages.

c. The child support computation form shall include a

notation regarding the use of social security benefits

as offset.

4. a. Calculation of child support as provided in subsection

F of this section shall be effective no earlier than

the date on which the motion to modify was filed.

b. The court may determine if, under the circumstances of

the case, it is appropriate to credit social security

benefits paid to the custodial person prior to a

modification of child support against the past-due

child support obligation of the noncustodial parent.

c. The noncustodial parent shall not receive credit for

any social security benefits paid directly to the

child.

d. Any credit granted by the court pursuant to

subparagraph b of this paragraph shall be limited to

the time period during which the social security

benefit was paid, or the time period covered by a lump

sum for past social security benefits.

Oklahoma Statutes - Title 43. Marriage and Family Page 84

G. Veterans disability compensation benefits received by a

child shall be treated in the same manner as Social Security Title

II benefits as provided in subsection F of this section.
Okla. Stat. tit. 43A, § 43A-5-502 — OK Code / Title 43A / Section 43A-5-502
Definitions
Status: in_force

As used in the Inpatient Mental Health and Substance Abuse

Treatment of Minors Act:

1. "Minor" means any person under eighteen (18) years of age;

2. a. "Minor in need of treatment" means a minor who because

of his or her mental illness or drug or alcohol

dependency:

(1) poses a substantial risk of physical harm to self

in the near future as manifested by evidence of

serious threats of or attempts at suicide or

other significant self-inflicted bodily harm,

(2) poses a substantial risk of physical harm to

another person or persons in the near future as

manifested by evidence of violent behavior

directed toward another person or persons,

(3) has placed another person or persons in a

reasonable fear of violent behavior or serious

physical harm directed toward such person or

persons as manifested by serious and immediate

threats,

(4) is in a condition of severe deterioration such

that, without intervention, there exists a

Oklahoma Statutes - Title 43A. Mental Health Page 160

substantial risk that severe impairment or injury

to the minor will result in the near future, or

(5) poses a substantial risk of serious physical

injury to self or death in the near future as

manifested by evidence that the minor is unable

to provide for and is not providing for his or

her basic physical needs.

b. The mental health or substance abuse history of the

minor may be used as part of the evidence to determine

whether the minor is a minor in need of treatment as

defined in this section. The mental health or

substance abuse history of the minor shall not be the

sole basis for this determination.

c. The term "minor in need of treatment" shall not mean a

minor afflicted with epilepsy, a developmental

disability, organic brain syndrome, physical

handicaps, brief periods of intoxication caused by

such substances as alcohol or drugs or who is truant

or sexually active unless the minor also meets the

criteria for a minor in need of treatment pursuant to

subparagraph a or b of this paragraph;

3. "Consent" means the voluntary, express, and informed

agreement to treatment in a mental health facility by a minor

sixteen (16) years of age or older or by a parent of the minor;

4. "Individualized treatment plan" means a specific plan for

the care and treatment of an individual minor who requires inpatient

mental health treatment. The plan shall be developed with maximum

involvement of the family of the minor, consistent with the desire

of the minor for confidentiality and with the treatment needs of the

minor, and shall clearly include the following:

a. a statement of the presenting problems of the minor,

short- and long-term treatment goals and the estimated

date of discharge. The short- and long-term goals

shall be based upon a clinical evaluation and shall

include specific behavioral and emotional goals

against which the success of treatment can be

measured,

b. treatment methods and procedures to be used to achieve

these goals, which methods and procedures are related

to each of these goals and which include, but are not

limited to, specific prognosis for achieving each of

these goals,

c. identification of the types of professional personnel

who will carry out the treatment procedures including,

but not limited to, appropriate licensed mental health

professionals, education professionals, and other

health or social service professionals, and

Oklahoma Statutes - Title 43A. Mental Health Page 161

d. documentation of the involvement of the minor or the

parent of the minor or legal custodian in the

development of the treatment plan and whether all

persons have consented to such plan;

5. "Inpatient treatment" means treatment services offered or

provided for a continuous period of more than twenty-four (24) hours

in residence after admission to a mental health or substance abuse

treatment facility for the purpose of observation, evaluation or

treatment;

6. "Least restrictive alternative" means the treatment and

conditions of treatment which, separately and in combination, are no

more intrusive or restrictive of freedom than reasonably necessary

to achieve a substantial therapeutic benefit to the minor, or to

protect the minor or others from physical injury;

7. "Less restrictive alternative to inpatient treatment" means

and includes, but is not limited to, outpatient counseling services,

including services provided in the home of the minor and which may

be referred to as "home-based services", day treatment or day

hospitalization services, respite care, or foster care or group home

care, as defined by Section 1-1-105 of Title 10A of the Oklahoma

Statutes, through a program established and specifically designed to

meet the needs of minors in need of mental health treatment, or a

combination thereof;

8. "Licensed mental health professional" means a person who is

not related by blood or marriage to the person being examined or

does not have any interest in the estate of the person being

examined, and who is:

a. a psychiatrist who is a diplomate of the American

Board of Psychiatry and Neurology or American

Osteopathic Board of Neurology and Psychiatry,

b. a physician licensed pursuant to the Oklahoma

Allopathic Medical and Surgical Licensure and

Supervision Act or the Oklahoma Osteopathic Medicine

Act,

c. a clinical psychologist who is duly licensed to

practice by the State Board of Examiners of

Psychologists,

d. a professional counselor licensed pursuant to the

Licensed Professional Counselors Act,

e. a person licensed as a clinical social worker pursuant

to the provisions of the Licensed Social Workers Act,

f. a licensed marital and family therapist as defined in

the Marital and Family Therapist Licensure Act,

g. a licensed behavioral practitioner as defined in the

Licensed Behavioral Practitioner Act,

h. an advanced practice nurse, as defined in the Oklahoma

Nursing Practice Act, specializing in mental health,

Oklahoma Statutes - Title 43A. Mental Health Page 162

i. a physician assistant, who is licensed in good

standing in this state, or

j. a licensed alcohol and drug counselor/mental health

(LADC/MH) as defined in the Licensed Alcohol and Drug

Counselors Act.

For the purposes of this paragraph, "licensed" means that the person

holds a current, valid license issued in accordance with the laws of

this state;

9. "Mental health evaluation" means an examination or

evaluation of a minor for the purpose of making a determination

whether, in the opinion of the licensed mental health professional

making the evaluation, the minor is a minor in need of treatment

and, if so, is in need of inpatient treatment and for the purpose of

preparing reports or making recommendations for the most appropriate

and least restrictive treatment for the minor;

10. "Mental health facility" means a public or private hospital

or related institution as defined by Section 1-701 of Title 63 of

the Oklahoma Statutes offering or providing inpatient mental health

services, a public or private facility accredited as an inpatient or

residential psychiatric facility by the Joint Commission on

Accreditation of Healthcare Organizations, or a facility operated by

the Department of Mental Health and Substance Abuse Services and

designated by the Commissioner of the Department of Mental Health

and Substance Abuse Services as appropriate for the inpatient

evaluation or treatment of minors;

11. "Mental illness" means a substantial disorder of the

child's thought, mood, perception, psychological orientation or

memory that demonstrably and significantly impairs judgment,

behavior or capacity to recognize reality or to meet the ordinary

demands of life. "Mental illness" may include substance abuse,

which is the use, without compelling medical reason, of any

substance which results in psychological or physiological dependency

as a function of continued use in such a manner as to induce mental,

emotional, or physical impairment and cause socially dysfunctional

or socially disordering behavior;

12. "Parent" means:

a. a biological or adoptive parent who has legal custody

of the minor or has visitation rights,

b. a person judicially appointed as a legal guardian or

custodian of the minor, or

c. a relative within the third degree of consanguinity

who exercises the rights and responsibilities of legal

custody by delegation from a parent, as provided by

law;

13. "Person responsible for the supervision of the case" means:

a. when the minor is in the legal custody of a private

child care agency, the Department of Human Services or

Oklahoma Statutes - Title 43A. Mental Health Page 163

the Office of Juvenile Affairs, the caseworker or

other person designated by the agency to supervise the

case, or

b. when the minor is a ward of the court and under the

court-ordered supervision of the Department of Human

Services, the Office of Juvenile Affairs or a

statutorily constituted juvenile bureau, the person

designated by the Department of Human Services, the

Office of Juvenile Affairs or juvenile bureau to

supervise the case;

14. "Initial assessment (medical necessity review)" means the

examination of current and recent behaviors and symptoms of a minor

who appears to be mentally ill, alcohol-dependent, or drug-dependent

and a minor requiring treatment, whose condition is such that it

appears that emergency detention may be warranted by a licensed

mental health professional at a facility approved by the

Commissioner of Mental Health and Substance Abuse Services, or a

designee, as appropriate for such examination to determine if

emergency detention of the minor is warranted, and whether admission

for inpatient mental illness or drug- or alcohol-dependence

treatment or evaluation constitutes the least restrictive level of

care necessary;

15. "Ward of the court" means a minor adjudicated to be a

deprived child, a child in need of supervision, or a delinquent

child;

16. "Treatment" means any planned intervention intended to

improve the functioning of a minor in those areas which show

impairment as a result of mental illness or drug or alcohol

dependence; and

17. "Prehearing detention order" means a court order that

authorizes a facility to detain a minor pending a hearing on a

petition to determine whether the minor is a minor in need of

treatment.
Okla. Stat. tit. 43, § 43-571-112 — OK Code / Title 43 / Section 43-571-112
Relation to Electronic Signatures in Global and
Status: in_force

National Commerce Act.

This act modifies, limits, and supersedes the federal Electronic

Signatures in Global and National Commerce Act, Section 7001, et

seq. of Title 15 of the United States Code, but does not modify,

limit, or supersede Section 101(c) of the act, 15 U.S.C., Section

7001(c), of that act or authorize electronic delivery of any of the

notices described in Section 103(b) of that act, 15 U.S.C., Section

7003(b).
Okla. Stat. tit. 43, § 43-205 — OK Code / Title 43 / Section 43-205
Relations cannot be altered by contract - Separation
Status: in_force

agreements.

A husband and wife cannot, by any contract with each other,

alter their legal relations, except as to property, and except that

they may agree in writing to an immediate separation, and may make

provision for the support of either of them and of their children

during such separation.
Okla. Stat. tit. 43A, § 43A-3-107a — OK Code / Title 43A / Section 43A-3-107a
Northwest Center for Behavioral Health - Services
Status: in_force

provided - Component entities - Transfer of property and records.

A. The Northwest Center for Behavioral Health at Fort Supply,

Oklahoma, is hereby created and designated a facility within the

Department of Mental Health and Substance Abuse Services. The

facility shall be operated under the supervision of the Department

and shall consist of those entities formerly known as:

1. Western State Hospital, Fort Supply;

2. Northwest Oklahoma Community Mental Health and Substance

Abuse Services Center;

3. Fort Supply Alcohol and Drug Treatment Center at Fort

Supply; and

4. Western State Psychiatric Center, Fort Supply.

B. Northwest Center for Behavioral Health shall serve as a

regional inpatient mental health and substance abuse services center

serving counties deemed appropriate by the Commissioner of Mental

Health and Substance Abuse Services. Northwest Center for

Behavioral Health shall also provide outpatient mental health and

substance abuse services to Alfalfa, Beaver, Cimarron, Ellis,

Harper, Major, Texas, Woods and Woodward Counties, and any other

counties deemed appropriate by the Commissioner.

C. The Department is authorized to effect the transfer of

property, records, equipment, supplies and funds, and encumbrances

from Western State Hospital, Northwest Oklahoma Community Mental

Health and Substance Abuse Services Center, and Fort Supply Alcohol

and Drug Treatment Center to the Northwest Center for Behavioral

Health.

Oklahoma Statutes - Title 43A. Mental Health Page 60Oklahoma Statutes - Title 43A. Mental Health Page 2
Okla. Stat. tit. 43A, § 43A-3-302 — OK Code / Title 43A / Section 43A-3-302
Definitions
Status: in_force

As used in the Unified Community Mental Health Services Act:

1. "Certified behavioral health case manager" means any person

who is certified by the Department of Mental Health and Substance

Abuse Services to offer behavioral health case management services

within the confines of a mental health facility, or services for

alcohol and drug dependents, that is operated by the Department or

contracts with the state to provide behavioral services;

2. "Case management" means the application of case management

principles and practices of linking, advocacy and referral in

partnership with the consumer to support the consumer in self-

sufficiency and community tenure for consumers of mental health or

substance abuse services;

3. "Catchment area or service area" means a geographic area

established by the Department of Mental Health and Substance Abuse

Services;

Oklahoma Statutes - Title 43A. Mental Health Page 64

4. "Community mental health center" means a facility offering:

a. a comprehensive array of community-based mental health

services, including, but not limited to, outpatient

treatment, emergency evaluation and care,

consultation, education, rehabilitation services, and

aftercare, and

b. certain services at the option of the center,

including, but not limited to, inpatient treatment,

training programs, and research and evaluation

programs;

5. "Community mental health services", in conformance with

federal requirements, means services for the treatment of mental

illness and co-occurring substance abuse disorders, and the

prevention, diagnosis, or rehabilitation of such persons;

6. "Mental health facility" means:

a. a community mental health center,

b. an outpatient facility offering diagnostic and

treatment services,

c. a day care facility offering a treatment program for

children or adults suffering from mental or emotional

problems, or

d. community residential mental health programs and

facilities which provide supervised residential care,

counseling, case management or other similar services

to children or adults suffering from mental or

emotional problems; and

7. "Program of assertive community treatment" means a facility,

agency or organization that offers or provides a self-contained

clinical team, under the medical supervision of a licensed

psychiatrist, to provide needed treatment, rehabilitation, and

support services to individuals with serious mental illness who have

severe symptoms and impairments not effectively remedied by

available treatments or to individuals who resist or avoid

involvement in other needed mental health services.
Okla. Stat. tit. 43, § 43-420 — OK Code / Title 43 / Section 43-420
Short title
Status: in_force

This act shall be known as the "Oklahoma Child Visitation

Registry Act".
Okla. Stat. tit. 43A, § 43A-3-425 — OK Code / Title 43A / Section 43A-3-425
Alcohol- and drug-dependent person with associated
Status: in_force

medical problems - Treatment.

Any alcohol- and drug-dependent person with associated medical

problems will be treated by appropriate medical facilities such as a

duly licensed general hospital.
Okla. Stat. tit. 43, § 43-128 — OK Code / Title 43 / Section 43-128
Avoidance of marriage of incompetents
Status: in_force

When either of the parties to a marriage shall be incapable,

from want of age or understanding, of contracting such marriage, the

same may be declared void by the district court, in an action

brought by the incapable party or by the parent or guardian of such

party; but the children of such marriage begotten before the same is

annulled, shall be legitimate. Cohabitation after such incapacity

ceases, shall be a sufficient defense to any such action.
Okla. Stat. tit. 43A, § 43A-423 — OK Code / Title 43A / Section 43A-423
Renumbered as § 2-216 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-111 — OK Code / Title 43 / Section 43-111
Indirect contempt for disobedience of certain orders
Status: in_force

relating to divorce or separate maintenance actions.

Any order pertaining to the division of property pursuant to a

divorce or separate maintenance action, if willfully disobeyed, may

be enforced as an indirect contempt of court.
Okla. Stat. tit. 43, § 43-7.1 — OK Code / Title 43 / Section 43-7.1
Refusal to solemnize or recognize marriage by religious
Status: in_force

organization officials - Definitions.

A. No regularly licensed, ordained or authorized official of

any religious organization shall be required to solemnize or

recognize any marriage that violates the official's conscience or

religious beliefs. A regularly licensed, ordained or authorized

official of any religious organization shall be immune from any

civil claim or cause of action based on a refusal to solemnize or

recognize any marriage that violates the official's conscience or

religious beliefs.

B. As used in this section:

1. "Recognize" means to provide religious-based services that:

a. are delivered by a religious organization or by an

individual who is managed, supervised or directed by a

religious organization, and

b. are designed for married couples or couples engaged to

marry and are directly related to solemnizing,

celebrating, strengthening or promoting a marriage,

such as religious counseling programs, courses,

retreats and workshops; and

2. "Religious organization" means any church, seminary,

synagogue, temple, mosque, religious order, religious corporation,

association or society, whose identity is distinctive in terms of

common religious creed, beliefs, doctrines, practices or rituals of

Oklahoma Statutes - Title 43. Marriage and Family Page 14

any faith or denomination, including any organization qualifying as

a church or religious organization under Section 501(c)(3) or 501(d)

of the United States Internal Revenue Code.
Okla. Stat. tit. 43, § 43-118D — OK Code / Title 43 / Section 43-118D
Computation of child support as percentage of parents'
Status: in_force

combined gross income - Prospective adjustment - Transportation

expenses - Support order summary form.

A. All child support shall be computed as a percentage of the

combined gross income of both parents. The Child Support Guideline

Schedule as provided in Section 119 of Title 43 of the Oklahoma

Statutes shall be used for such computation. The child support

obligation of each parent shall be computed. The share of the

obligor shall be paid monthly to the obligee and shall be due on a

specific date.

B. In cases in which one parent has sole physical custody, the

adjusted monthly gross income of both parents shall be added

together and the Child Support Guideline Schedule consulted for the

total combined base monthly obligation for child support.

C. After the total combined child support is determined, the

percentage share of each parent shall be allocated by computing the

percentage contribution of each parent to the combined adjusted

gross income and allocating that same percentage to the child

support obligation to determine the base child support obligation of

each parent.

D. 1. In cases of split physical custody, where each parent is

awarded physical custody of at least one of the children for whom

the parents are responsible, the child support obligation for each

parent shall be calculated by application of the child support

guidelines for each custodial arrangement.

2. The parent with the larger child support obligation shall

pay the difference between the two amounts to the parent with the

smaller child support obligation.

E. Child support shall be computed as set forth in subsections

A through D of this section in every case, regardless of whether the

custodial arrangement is designated as sole custody or joint

custody.

F. The court, to the extent reasonably possible, shall make

provision in an order for prospective adjustment of support to

address any foreseen changes including, but not limited to, changes

in medical insurance, child care expenses, medical expenses,

extraordinary costs, and the satisfaction of jointly acquired debt

of the parents used as a deduction from the gross income of a

parent.

G. Transportation expenses of a child between the homes of the

parents may be divided between the parents in proportion to their

adjusted gross income, so long as the payment of such expenses does

not significantly reduce the ability of the custodial parent to

provide for the basic needs of the child.

H. The social security numbers of both parents and the children

who are the subject of a paternity or child support order shall be

Oklahoma Statutes - Title 43. Marriage and Family Page 87

included in the support order summary form provided for in Section

120 of Title 43 of the Oklahoma Statutes.

I. A completed support order summary form shall be presented to

the judge with all paternity and child support orders where the

Department of Human Services is not a necessary party pursuant to

Section 112 of Title 43 of the Oklahoma Statutes. No such order

shall be signed by the judge without presentation of the form.
Okla. Stat. tit. 43, § 43-107.3 — OK Code / Title 43 / Section 43-107.3
Appointment of guardian ad litem - Referral to mediation
Status: in_force

or counseling - Definitions - False accusations of child abuse or

neglect.

A. 1. In any proceeding when the custody or visitation of a

minor child or children is contested by any party, the court may

appoint an attorney at law as guardian ad litem upon motion of the

court or upon application of any party to appear for and represent

the minor children.

2. The guardian ad litem may be appointed to objectively

advocate on behalf of the child and act as an officer of the court

to investigate all matters concerning the best interests of the

child. In addition to other duties required by the court and as

specified by the court, a guardian ad litem shall have the following

responsibilities:

a. review documents, reports, records and other

information relevant to the case, meet with and

observe the child in appropriate settings, and

interview parents, caregivers and health care

providers and any other person with knowledge relevant

to the case including, but not limited to, teachers,

counselors and child care providers,

b. advocate for the best interests of the child by

participating in the case, attending any hearings in

the matter and advocating for appropriate services for

the child when necessary,

Oklahoma Statutes - Title 43. Marriage and Family Page 25

c. monitor the best interests of the child throughout any

judicial proceeding,

d. present written factual reports to the parties and

court prior to trial or at any other time as specified

by the court on the best interests of the child, which

determination is solely the decision of the court, and

e. the guardian ad litem shall, as much as possible,

maintain confidentiality of information related to the

case and is not subject to discovery pursuant to the

Oklahoma Discovery Code.

3. Expenses, costs, and attorney fees for the guardian ad litem

may be allocated among the parties as determined by the court.

4. The Oklahoma Bar Association shall develop a standard

operating manual for guardians ad litem which shall include, but not

be limited to, legal obligations and responsibilities, information

concerning child abuse, child development, domestic abuse, sexual

abuse, and parent and child behavioral health and management

including best practices. After publication of the manual, all

guardians ad litem shall certify to the court in which he or she is

appointed as a guardian ad litem that the manual has been read and

all provisions contained therein are understood. The guardian ad

litem shall also certify that he or she agrees to follow the best

practices described within the standard operating manual. The

Administrative Office of the Courts shall provide public access to

the standard operating manual by providing a link to the manual on

the Oklahoma State Courts Network (OSCN) website.

B. When property, separate maintenance, or custody is at issue,

the court:

1. May refer the issue or issues to mediation if feasible

unless a party asserts or it appears to the court that domestic

violence or child abuse has occurred, in which event the court shall

halt or suspend professional mediation unless the court specifically

finds that:

a. the following three conditions are satisfied:

(1) the professional mediator has substantial

training concerning the effects of domestic

violence or child abuse on victims,

(2) a party who is or alleges to be the victim of

domestic violence is capable of negotiating with

the other party in mediation, either alone or

with assistance, without suffering an imbalance

of power as a result of the alleged domestic

violence, and

(3) the mediation process contains appropriate

provisions and conditions to protect against an

imbalance of power between parties resulting from

the alleged domestic violence or child abuse, or

Oklahoma Statutes - Title 43. Marriage and Family Page 26

b. in the case of domestic violence involving parents,

the parent who is or alleges to be the victim requests

mediation and the mediator is informed of the alleged

domestic violence; and

2. When custody is at issue, the court may order, in addition

to or in lieu of the provisions of paragraph 1 of this subsection,

that each of the parties undergo individual counseling in a manner

that the court deems appropriate, if the court finds that the

parties can afford the counseling.

C. As used in this section:

1. "Child abuse or neglect" shall have the same meaning as

"abuse" or "neglect" as defined by Section 1-1-105 of Title 10A of

the Oklahoma Statutes or shall mean the child has been adjudicated

deprived as a result of the actions or omission of either parent

pursuant to the Oklahoma Children's Code; and

2. "Domestic violence" shall have the same meaning as such term

is defined by the Protection from Domestic Abuse Act.

D. During any proceeding concerning child custody, should it be

determined by the court that a party has intentionally made a false

or frivolous accusation to the court of child abuse or neglect

against the other party, the court shall proceed with any or all of

the following:

1. Find the accusing party in contempt for perjury and refer

for prosecution;

2. Consider the false allegations in determining custody; and

3. Award the obligation to pay all court costs and legal

expenses encumbered by both parties arising from the allegations to

the accusing party.
Okla. Stat. tit. 43, § 43-601-802 — OK Code / Title 43 / Section 43-601-802
Condition of rendition
Status: in_force

A. Before making a demand that the governor of another state

surrender an individual charged criminally in this state with having

failed to provide for the support of an obligee, the Governor of

Oklahoma Statutes - Title 43. Marriage and Family Page 210

this state may require a prosecutor of this state to demonstrate

that at least sixty (60) days previously the obligee had initiated

proceedings for support pursuant to this act or that the proceeding

would be of no avail.

B. If, under this act or a law substantially similar to this

act, the governor of another state makes a demand that the Governor

of this state surrender an individual charged criminally in that

state with having failed to provide for the support of a child or

other individual to whom a duty of support is owed, the Governor may

require a prosecutor to investigate the demand and report whether a

proceeding for support has been initiated or would be effective. If

it appears that a proceeding would be effective but has not been

initiated, the Governor may delay honoring the demand for a

reasonable time to permit the initiation of a proceeding.

C. If a proceeding for support has been initiated and the

individual whose rendition is demanded prevails, the Governor may

decline to honor the demand. If the petitioner prevails and the

individual whose rendition is demanded is subject to a support

order, the Governor may decline to honor the demand if the

individual is complying with the support order.
Okla. Stat. tit. 43, § 43-114 — OK Code / Title 43 / Section 43-114
Interest on court-ordered past-due child support payments
Status: in_force

and payments of suit monies.

Court-ordered past-due child support payments, court-ordered

payments of suit monies and judgments for support pursuant to

Section 83 of Title 10 of the Oklahoma Statutes and Sections 238.1

and 238.6B of Title 56 of the Oklahoma Statutes shall draw interest

at the rate of two percent (2%) per year. Past-due child support

payments accruing after the establishment of the current support

order shall draw interest from the date they become delinquent.

Lump-sum judgments pursuant to Titles 10 and 56 of the Oklahoma

Statutes for support owed prior to the establishment of current

support shall draw interest from the first day of the month after

the lump-sum judgment is entered. The interest shall be collected

in the same manner as the payments upon which the interest accrues.
Okla. Stat. tit. 43, § 43-601-504 — OK Code / Title 43 / Section 43-601-504
Employer's civil liability limited
Status: in_force

An employer that complies with an income-withholding order

issued in another state in accordance with this article is not

subject to civil liability to an individual or agency with regard to

the employer's withholding of child support from the obligor's

income.
Okla. Stat. tit. 43A, § 43A-702 — OK Code / Title 43A / Section 43A-702
Drop-in centers for Oklahoma veterans
Status: in_force

A. Subject to the availability of funds, the Department of

Mental Health and Substance Abuse Services shall facilitate the

development of seven peer-supported, drop-in centers for the

specific purpose of serving Oklahoma veterans. The Department shall

issue a request for proposal for operation of the centers.

Nonprofit organizations based in this state may apply for available

funding and shall adhere to policies and programs of work developed

by the Department.

B. The Board of Mental Health and Substance Abuse Services

shall promulgate rules to implement the provisions of this act.
Okla. Stat. tit. 43A, § 43A-139 — OK Code / Title 43A / Section 43A-139
Renumbered as § 5-104 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-3-426 — OK Code / Title 43A / Section 43A-3-426
Fees and costs - Payment
Status: in_force

A. If treatment is provided by an approved treatment facility

to a consumer admitted under the provisions of this act and the

Oklahoma Statutes - Title 43A. Mental Health Page 91

consumer has not paid the fees charged for such treatment, the

approved treatment facility is entitled to any payment received:

1. By the consumer to which he is entitled because of the

services rendered; and

2. From any public or private source available to the facility

because of the treatment provided to the consumer.

B. A consumer admitted to an approved treatment facility under

the provisions of this act, the estate of the consumer or a person

obligated by law to pay for the treatment of the consumer, and

financially able to do so, is liable to the approved treatment

facility for the cost of maintenance and treatment of the consumer

in the facility in accordance with the published rates.

C. The administrator of the facility shall adopt rules

governing financial ability to pay for maintenance and treatment

which take into consideration the income, savings and other personal

and real property of the person required to pay, and any support

being furnished by him to any person he is required by law to

support. Rates shall be published by the facility in accordance

with regulations of the Authority adopted under the provisions of

the Administrative Procedures Act.
Okla. Stat. tit. 43A, § 43A-902 — OK Code / Title 43A / Section 43A-902
Renumbered as § 3-502 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43, § 43-601-311 — OK Code / Title 43 / Section 43-601-311
Petition - Contents and accompanying documents
Status: in_force

A. In a proceeding under the Uniform Interstate Family Support

Act, a petitioner seeking to establish a support order, to determine

parentage of a child, or to register and modify a support order of a

tribunal of another state or a foreign country must file a petition.

Unless otherwise ordered under Section 601-312 of this title, the

petition or accompanying documents must provide, so far as known,

the name, residential address, and social security numbers of the

obligor and the obligee or the parent and alleged parent, and the

name, sex, residential address, social security number, and date of

birth of each child for whose benefit support is sought or whose

parentage is to be determined. Unless filed at the time of

registration, the petition must be accompanied by a copy of any

support order known to have been issued by another tribunal. The

petition may include any other information that may assist in

locating or identifying the respondent.

B. The petition must specify the relief sought. The petition

and accompanying documents must conform substantially with the

requirements imposed by the forms mandated by federal law for use in

cases filed by a support enforcement agency.
Okla. Stat. tit. 43, § 43-111.2 — OK Code / Title 43 / Section 43-111.2
Civil action for child stealing
Status: in_force

Any person who is not a party to a child custody proceeding, and

who intentionally removes, causes the removal of, assists in the

removal of, or detains any child under eighteen (18) years of age

with intent to deny another person's right to custody of the child

or visitation under an existing court order shall be liable in an

action at law. Remedies available pursuant to this section are in

addition to any other remedies available by law or equity and may

include, but shall not be limited to, the following:

1. Damages for loss of service, society, and companionship;

Oklahoma Statutes - Title 43. Marriage and Family Page 52

2. Compensatory damages for reasonable expenses incurred in

searching for the missing child or attending court hearings; and

3. The prevailing party in such action shall be awarded

reasonable attorney fees.
Okla. Stat. tit. 43, § 43-109.3 — OK Code / Title 43 / Section 43-109.3
Custody, guardianship or visitation cases - Evidence of
Status: in_force

domestic abuse.

Oklahoma Statutes - Title 43. Marriage and Family Page 31

In every case involving the custody of, guardianship of or

visitation with a child, the court shall consider evidence of

domestic abuse, stalking and/or harassing behavior properly brought

before it. If the occurrence of domestic abuse, stalking or

harassing behavior is established by a preponderance of the

evidence, there shall be a rebuttable presumption that it is not in

the best interest of the child to have custody, guardianship, or

unsupervised visitation granted to the person against whom domestic

abuse, stalking or harassing behavior has been established.
Okla. Stat. tit. 43A, § 43A-5-102 — OK Code / Title 43A / Section 43A-5-102
Official forms required - Order as sufficient authority
Status: in_force

and protection.

No person shall be accepted into any facility without the use of

the properly executed official forms. The properly executed order

to hospitalize or the order of admission shall be full and

sufficient authority and protection to the executive director or the

person acting as such in the absence of the executive director for

receiving and detaining in the hospital the person named on the

form.
Okla. Stat. tit. 43, § 43-561-401 — OK Code / Title 43 / Section 43-561-401
Promotion of uniformity
Status: in_force

In applying and construing this uniform act, a court shall

consider the promotion of uniformity of the law among jurisdictions

that enact it.
Okla. Stat. tit. 43A, § 43A-14.1 — OK Code / Title 43A / Section 43A-14.1
Renumbered as § 2-203 of this title by Laws 1986, c
Status: in_force

103, § 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-3-310 — OK Code / Title 43A / Section 43A-3-310
Contracting nonprofit private agencies to submit
Status: in_force

budget, salary and employee benefits information to Department.

Any nonprofit private agency providing services pursuant to a

contract or subcontract with the Department of Mental Health and

Substance Abuse Services, the Board of Mental Health and Substance

Abuse Services or any facility of the Department of Mental Health

and Substance Abuse Services and receiving funds disbursed thereof

shall submit information on operating budgets and employee salaries

and benefits to the Department of Mental Health and Substance Abuse

Services.
Okla. Stat. tit. 43A, § 43A-3-111 — OK Code / Title 43A / Section 43A-3-111
Northwest Center for Behavioral Health - Transfer of
Status: in_force

land, buildings and equipment to Corrections Department - Services -

Records.

A. The provisions of this section shall not become effective

until funding to implement this section is authorized by the

Legislature.

B. Except as provided in subsection C of this section, the

land, and all buildings and equipment attached thereto, at Northwest

Center for Behavioral Health at Fort Supply, Oklahoma, shall be

transferred from the Department of Mental Health and Substance Abuse

Services to the Department of Corrections. The transfer shall be of

surface rights only and all interest in mineral rights shall be

retained by the Department of Mental Health and Substance Abuse

Services. The transferred land shall be used for a correctional

institution to incarcerate prisoners of minimum security

classification.

C. The Department of Mental Health and Substance Abuse Services

shall retain the following land, all buildings and equipment

attached thereto, which shall comprise Northwest Center for

Behavioral Health:

Beginning at a point 732 ft. North and 33.0 ft. East of the 1/4

section corner common to Sections 8 and 9, T-24-N, R-22-W, thence

N89 37 26E, 3877.0 ft., thence S02 07 26W, 318.0 ft., thence N75 55

34W, 115 ft., thence S42 17 05W, 85.0 ft., thence S13 46 36W, 228.0

ft., thence N76 13 24W, 122.0 ft., thence S14 06 36W, 230.0 ft.,

thence N75 53 24W, 163.0 ft., thence S13 56 36W, 185.0 ft., thence

N76 03 24W, 220.0 ft., thence S84 31 16W, 378.0 ft., thence S22 09

00W, 347.0 ft., to the North R/W line of S.H.3, thence N67 51 00W

along the R/W line 2601.99 ft. to the P.C. of a curve, thence 142.19

ft. along a curve to the left having a radius of 1959.86 ft., the

point being on the East R/W line of the N and S section line, thence

N00 16 54W along the R/W line 157.16 ft. to the point of beginning.

The described tract contains 61.70 acres more or less.

D. The Department of Corrections and the Department of Mental

Health and Substance Abuse Services shall enter into cooperative

agreements to provide the following services:

1. Security personnel;

2. Utilities;

3. Water;

4. Sewage;

5. Maintenance of grounds;

6. Electrical maintenance and repair;

7. Carpentry;

8. Printing;

9. Caustic storage;

10. Warehouse facilities;

Oklahoma Statutes - Title 43A. Mental Health Page 62

11. Food service;

12. Laundry service;

13. Sewing;

14. Dental services;

15. Switchboard services;

16. Use of motor pool;

17. Cost and statistics;

18. Supplies, other than pharmaceuticals and laboratory

supplies;

19. Inpatient infirmary services;

20. Pharmacy;

21. Professional services for treatment alternatives for

drinking drivers; and

22. Professional services for the Youthful Offender Program.

E. All official records pertaining to the operation of

Northwest Center for Behavioral Health shall be retained by the

Department of Mental Health and Substance Abuse Services. All

inventory not needed for the operation of Northwest Center for

Behavioral Health shall be transferred to the Department of

Corrections.
Okla. Stat. tit. 43, § 43-110.1 — OK Code / Title 43 / Section 43-110.1
Shared parenting - Policy
Status: in_force

It is the policy of this state to assure that minor children

have frequent and continuing contact with parents who have shown the

ability to act in the best interests of their children and to

encourage parents to share in the rights and responsibilities of

rearing their children after the parents have separated or dissolved

their marriage. The court may consider evidence of the ability of

the parents to cooperate on issues related to their minor children,

as well as evidence of domestic violence, stalking, or harassment as

defined in Section 109 of this title. To effectuate this policy, if

requested by a parent, the court may provide substantially equal

access to the minor children to both parents at a temporary order or

final hearing, unless the court finds that shared parenting would be

detrimental to the child. The court shall issue findings of fact

and conclusions of law to support its decision after a final hearing

on the merits.
Okla. Stat. tit. 43A, § 43A-188 — OK Code / Title 43A / Section 43A-188
Renumbered as § 8-108 of this title by Laws 1986, c. 103,
Status: in_force

§ 103, eff. Nov. 1, 1986.
Okla. Stat. tit. 43A, § 43A-3-323A — OK Code / Title 43A / Section 43A-3-323A
Mental Illness Service Program - Certification
Status: in_force

A. The Board of Mental Health and Substance Abuse Services

shall promulgate rules and standards for certification of a facility

or organization that desires to be certified as a “Mental Illness

Service Program”.

B. Applications for certification as a mental illness service

program shall be made to the Department of Mental Health and

Substance Abuse Services on prescribed forms. The Board, or the

Commissioner of Mental Health and Substance Abuse Services upon

delegation by the Board, may certify mental illness service programs

Oklahoma Statutes - Title 43A. Mental Health Page 76

for a period of three (3) years, subject to renewal as provided in

the rules promulgated by the Board.

C. The Department of Mental Health and Substance Abuse Services

is authorized to establish and collect certification and renewal

fees for certification of mental illness service programs as

provided in Section 3-324 of Title 43A of the Oklahoma Statutes.

D. A certified mental illness service program shall comply with

standards adopted by the Board. Such standards shall be in

compliance with:

1. The Joint Commission on Accreditation of Healthcare

Organizations;

2. The Commission on Accreditation of Rehabilitation

Facilities; or

3. Approved medical and professional standards as determined by

the Board.

E. Failure to comply with rules and standards promulgated by

the Board shall be grounds for revocation, suspension or nonrenewal

of certification.
Okla. Stat. tit. 43A, § 43A-11-102 — OK Code / Title 43A / Section 43A-11-102
Legislative findings
Status: in_force

A. The Legislature finds that all competent persons have the

fundamental right to control decisions relating to their own mental

health treatment, including the decision to accept mental health

treatment.

B. A capable adult may make an advance directive of mental

health treatment preferences or instruction which may include, but

is not limited to, consent to mental health treatment.
Okla. Stat. tit. 43, § 43-551-103 — OK Code / Title 43 / Section 43-551-103
Proceedings governed by other law
Status: in_force

PROCEEDINGS GOVERNED BY OTHER LAW

This act does not apply to an adoption proceeding or a

proceeding pertaining to the authorization of emergency medical care

for a child.
Okla. Stat. tit. 43A, § 43A-5-505.1 — OK Code / Title 43A / Section 43A-5-505.1
Protective custody – Statements – Initial assessment
Status: in_force

Oklahoma Statutes - Title 43A. Mental Health Page 168

A. Any minor who appears to be mentally ill, alcohol-dependent,

or drug-dependent to a degree that immediate emergency action is

necessary may be taken into protective custody and detained pursuant

to the provisions of this section.

B. Any peace officer who reasonably believes that a minor is a

minor in need of treatment as defined in Section 5-502 of this title

shall take the minor into protective custody and shall transport the

minor to a mental health or substance abuse treatment facility for

evaluation. Peace officers providing such transportation services

shall be entitled to reimbursement pursuant to Section 1-110 of this

title.

C. The officer shall prepare a written statement indicating the

basis for the belief of the officer that the minor is a minor in

need of treatment and the circumstances under which the officer took

the person into protective custody. The officer shall give a copy

of the statement to the parent of the minor or the attorney of the

minor upon the request of either. If the officer does not make the

determination to take an individual into protective custody on the

basis of the personal observation of the officer, the officer shall

not be required to prepare a written statement. However, the person

upon whose statement the officer relies shall sign a third-party

statement indicating the basis for such belief of the person that

the minor is a minor in need of treatment. Any false statement

given to the officer by the person upon whose statement the officer

relies shall be a misdemeanor and subject to the sanctions of Title

21 of the Oklahoma Statutes.

D. A minor in protective custody shall be subject to an initial

assessment at the appropriate facility by a licensed mental health

professional for the purpose of determining whether emergency

detention is warranted.

1. If the licensed mental health professional determines that

the minor is not a minor in need of treatment or that the condition

of the minor is such that emergency detention is not warranted, the

minor shall be returned immediately to the point where the minor was

taken into protective custody and released or the minor may be taken

to the home or residence of the minor or to an alternative facility.

2. If the licensed mental health professional determines that

the minor is a minor in need of treatment to a degree that emergency

detention is warranted, the minor shall be detained in emergency

detention for a period not to exceed five (5) days, excluding

weekends and holidays. The detention may exceed five (5) days,

excluding weekends and holidays, upon a court order authorizing

detention pending a hearing on a petition requesting involuntary

commitment or treatment.

E. If a licensed mental health professional designated to have

such responsibility by the executive director of a hospital, or the

administrator of a facility designated by the Commissioner of Mental

Oklahoma Statutes - Title 43A. Mental Health Page 169

Health and Substance Abuse Services as appropriate for emergency

detention believes a minor to be a minor requiring treatment to a

degree that emergency action is necessary, the administrator may

detain such minor in emergency detention for a period not to exceed

five (5) days, excluding weekends and holidays, only on the

following conditions:

1. The minor sixteen (16) years of age or older or parent of

the minor has refused to consent or has withdrawn consent to

voluntary treatment;

2. The minor has been examined by a licensed mental health

professional who has determined that the minor is a minor in need of

treatment, the condition of the minor is such that emergency

detention is warranted, and a mental health evaluation has been

prepared as provided in Section 5-508 of this title; and

3. The administrator or the designee of the administrator shall

provide for an initial assessment of the minor by a licensed mental

health professional.

F. Whenever it appears that a person detained as provided by

this section will require treatment beyond the period of emergency

detention and the minor sixteen (16) years of age or older or parent

of the minor has refused to consent to voluntary treatment, a

licensed mental health professional conducting an initial assessment

of the minor or the administrator of the facility in which the minor

is being detained, or the designee of the administrator, shall

immediately file a petition or request the district attorney to file

a petition with the district court as provided by Section 5-509 of

this title, and may request a court order directing prehearing

detention when detention is necessary for the protection of the

person or others. If the district attorney refuses to file a

petition, the district attorney must immediately notify the

requesting facility, in writing, of the refusal to file.
Okla. Stat. tit. 43, § 43-207 — OK Code / Title 43 / Section 43-207
Manner of holding property - Inventory of separate
Status: in_force

property.

A husband and wife may hold property as joint tenants, tenants

in common, or as community property.

A full and complete inventory of the separate personal property

of either spouse may be made out and signed by such spouse,

acknowledged or proved in the manner provided by law for the

acknowledgment or proof of a grant of real property; and recorded in

the office of the county clerk of the county in which the parties

reside. The filing of the inventory in the county clerk's office is

notice and prima facie evidence of the title of the party filing

such inventory.