reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-601-616. Registration of foreign child support orders - Petition for modification.

A party or support enforcement agency seeking to modify or to modify and enforce a foreign child support order not under the Convention may register that order in this state under Sections 601-601 through 601-608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or at another time. The petition must specify the grounds for modification.
Added by Laws 2015, c. 104, § 51, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-601-701. Definitions

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;
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.
Added by Laws 1994, c. 160, § 48, eff. Sept. 1, 1994. Amended by Laws 1995, c. 273, § 2, emerg. eff. May 25, 1995; Laws 2004, c. 367, § 42, eff. Nov. 1, 2004; Laws 2015, c. 104, § 52, eff. Nov. 1, 2015; Laws 2016, c. 148, § 24, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-601-704. Duties of Department of Human Services

A. In a support proceeding under this article, the Oklahoma Department of Human Services of this state shall:
1. Transmit and receive applications; and
2. Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
B. The following support proceedings are available to an obligee under the Convention:
1. Recognition or recognition and enforcement of a foreign support order;
2. Enforcement of a support order issued or recognized in this state;
3. Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
4. Establishment of a support order if recognition of a foreign support order is refused under paragraphs 2, 4 or 9 of subsection B of Section 601-708 of this title;
5. Modification of a support order of a tribunal of this state; and
6. Modification of a support order of a tribunal of another state or a foreign country.
C. The following support proceedings are available under the convention to an obligor against which there is an existing support order:
1. Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
2. Modification of a support order of a tribunal of this state; and
3. Modification of a support order of a tribunal of another state or a foreign country.
D. A tribunal of this state may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
Added by Laws 2015, c. 104, § 55, eff. Nov. 1, 2015. Amended by Laws 2016, c. 148, § 25, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-601-705. Direct request for establishment or modification - Direct request for recognition and enforcement

A. A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
B. A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, Sections 601-706 through 601-713 of this title apply.
C. In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:
1. A security, bond or deposit is not required to guarantee the payment of costs and expenses; and
2. An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
D. A petitioner filing a direct request is not entitled to assistance from the Oklahoma Department of Human Services.
E. This article does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
Added by Laws 2015, c. 104, § 56, eff. Nov. 1, 2015. Amended by Laws 2016, c. 148, § 26, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-601-706. Registration of support order.

A. Except as otherwise provided in this article, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in Article 6.
B. Notwithstanding Sections 601-311 and subparagraph a of Section 601-602 of Title 43 of the Oklahoma Statutes, a request for registration of a Convention support order must be accompanied by:
1. A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;
2. A record stating that the support order is enforceable in the issuing country;
3. If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
4. A record showing the amount of arrears, if any, and the date the amount was calculated;
5. A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
6. If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
C. A request for registration of a convention support order may seek recognition and partial enforcement of the order.
D. A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest under Section 601-707 of Title 43 of the Oklahoma Statutes only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
E. The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.
Added by Laws 2015, c. 104, § 57, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-601-707. Contest of a registered convention support order.

A. Except as otherwise provided in this article, Sections 601-605 through 601-608 of Title 43 of the Oklahoma Statutes apply to a contest of a registered convention support order.
B. A party contesting a registered convention support order shall file a contest not later than thirty (30) days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty (60) days after notice of the registration.
C. If the nonregistering party fails to contest the registered convention support order by the time specified in subsection B of this section, the order is enforceable.
D. A contest of a registered convention support order may be based only on grounds set forth in Section 601-708 of Title 43 of the Oklahoma Statutes. The contesting party bears the burden of proof.
E. In a contest of a registered convention support order, a tribunal of this state:
1. Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
2. May not review the merits of the order.
F. A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
G. A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
Added by Laws 2015, c. 104, § 58, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-601-708. Recognition and enforcement of registered convention support orders - Exceptions

A. Except as otherwise provided in subsection B of this section, a tribunal of this state shall recognize and enforce a registered convention support order.
B. The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order:
1. Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
2. The issuing tribunal lacked personal jurisdiction consistent with Section 601-201 of this title;
3. The order is not enforceable in the issuing country;
4. The order was obtained by fraud in connection with a matter of procedure;
5. A record transmitted in accordance with Section 601-706 of this title lacks authenticity or integrity;
6. A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;
7. The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under the Uniform Interstate Family Support Act in this state;
8. Payment, to the extent alleged arrears have been paid in whole or in part;
9. In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
a.
if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard, or
b.
if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal, or
10. The order was made in violation of Section 601-711 of this title.
C. If a tribunal of this state does not recognize a convention support order under paragraphs 2, 4 or 9 of subsection B of this section:
1. The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and
2. The Oklahoma Department of Human Services shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under Section 601-704 of this title.
Added by Laws 2015, c. 104, § 59, eff. Nov. 1, 2015. Amended by Laws 2016, c. 148, § 27, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-601-709. Severability of convention support orders.

If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.
Added by Laws 2015, c. 104, § 60, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-601-710. Recognition and enforcement of registered foreign support agreements - Exceptions.

A. Except as otherwise provided in subsections C and D of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
B. An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
1. A complete text of the foreign support agreement; and
2. A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
C. A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
D. In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
1. Recognition and enforcement of the agreement is manifestly incompatible with public policy;
2. The agreement was obtained by fraud or falsification;
3. The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state or a foreign country if the support order is entitled to recognition and enforcement under this act in this state; or
4. The record submitted under subsection B of this section lacks authenticity or integrity.
E. A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
Added by Laws 2015, c. 104, § 61, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-601-711. Residency of obligee – Jurisdiction - Nonrecognition of order.

A. A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
1. The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
2. The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
B. If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, subsection C of Section 601-708 of Title 43 of the Oklahoma Statutes applies.
Added by Laws 2015, c. 104, § 62, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-601-801. Grounds for rendition.

A. For purposes of this article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this act.
B. The Governor of this state may:
1. Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
2. On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
C. A provision for extradition of individuals not inconsistent with this act applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
Added by Laws 1994, c. 160, § 49, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-601-802. Condition of rendition.

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 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.
Added by Laws 1994, c. 160, § 50, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 43, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-601-901. Uniformity of application and construction.

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by Laws 1994, c. 160, § 51, eff. Sept. 1, 1994. Amended by Laws 2004, c. 367, § 44, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-601-902. Application of act

This act applies to proceedings begun on or after November 1, 2015, to establish a support order or determine parentage of a child or to register, recognize, enforce or modify a prior support order, determination or agreement whenever issued or entered.
Added by Laws 2015, c. 104, § 65, eff. Nov. 1, 2015. Renumbered from § 601-714 of this title by Laws 2016, c. 148, § 28, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 43. Marriage and Family › §43-601-903. Severability of act.

If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Added by Laws 2015, c. 104, § 66, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-1-101. Short title.

This act shall be known as the Mental Health Law.
Added by Laws 1953, p. 152, § 1, emerg. eff. June 3, 1953. Renumbered from § 1 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-1-102. Purpose of law.

A. The purpose of the Mental Health Law is to provide for the humane care and treatment of persons who:
1. Are mentally ill; or
2. Require treatment for drug or alcohol abuse.
B. All such residents of this state are entitled to care and treatment in accordance with the appropriate standard of care.
Added by Laws 1953, p. 152, § 2, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 1, eff. Nov. 1, 1986. Renumbered from § 2 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 2001, c. 186, § 1, eff. Nov. 1, 2001; Laws 2003, c. 46, § 1, emerg. eff. April 8, 2003; Laws 2005, c. 348, § 10, eff. July 1, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-1-104. Public policy.

The Oklahoma Legislature hereby declares that the public policy of this state is to assure adequate treatment of persons alleged to be in need of mental health treatment or treatment for drug or alcohol abuse, to establish behavioral standards for determination of dangerousness of persons in need of such treatment, to allow for the use of the least restrictive alternative in the determination of the method of treatment, to provide orderly and reliable procedures for commitment of persons alleged to be in need of treatment consistent with due process of law, and to protect the rights of consumers hospitalized pursuant to law.
Added by Laws 1977, c. 145, § 1, emerg. eff. June 3, 1977. Amended by Laws 1986, c. 103, § 2, eff. Nov. 1, 1986. Renumbered from § 50 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 302, § 13, eff. Sept. 1, 1990; Laws 1992, c. 298, § 39, eff. July 1, 1993; Laws 2005, c. 150, § 2, emerg. eff. May 9, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-1-105. Mental or legal incompetence - Presumptions.

No person admitted to any facility shall be considered or presumed to be mentally or legally incompetent except those persons who have been determined to be mentally or legally incompetent in separate and independent proceedings of an appropriate district court.
Added by Laws 1953, p. 167, § 64, emerg. eff. June 3, 1953. Amended by Laws 1977, c. 145, § 6, emerg. eff. June 3, 1977; Laws 1978, c. 247, § 5, eff. Oct. 1, 1978; Laws 1986, c. 103, § 4, eff. Nov. 1, 1986. Renumbered from § 64 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-1-106. Representation of state in court proceedings.

The district attorneys of this state shall represent the people of Oklahoma in all court proceedings provided for in the Mental Health Law in which the State of Oklahoma including any facility operated by the Department of Mental Health and Substance Abuse Services is the petitioner for involuntary commitment or assisted outpatient treatment.
Added by Laws 1970, c. 102, § 1, eff. Jan. 1, 1971. Amended by Laws 1986, c. 103, § 5, eff. Nov. 1, 1986. Renumbered from § 55.1 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1999, c. 414, § 3, eff. Nov. 1, 1999; Laws 2003, c. 46, § 2, emerg. eff. April 8, 2003; Laws 2016, c. 177, § 3, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-1-107. Venue of actions - Hearings.

A. Civil actions for involuntary commitment or assisted outpatient treatment of a person may be brought in any of the following counties:
1. The person's county of residence;
2. The county where the person was first taken into protective custody; or
3. The county in which the person is being held on emergency detention.
B. If a civil action for involuntary commitment or assisted outpatient treatment can be brought in more than one county pursuant to the provisions of subsection A of this section, the action may be filed in any of such counties. No court shall refuse any case solely because the action may have been brought in another county.
C. 1. Hearings in actions for involuntary commitment or assisted outpatient treatment may be held within the mental health facility in which the person is being detained or is to be committed whenever the judge deems it to be in the best interests of the consumer.
2. Such hearings shall be conducted by any judge designated by the presiding judge of the judicial district. Hearings may be held in an area of the facility designated by the executive director and agreed upon by the presiding judge of that judicial district.
D. The court may conduct any nonjury hearing required or authorized pursuant to the provisions of this title for detained or confined persons, at the discretion of the judge, by video teleconferencing after advising the person subject to possible detention or commitment of his or her constitutional rights. If the video teleconferencing hearing is conducted, the image of the detainee or person subject to commitment may be broadcast by secure video to the judge. A secure video system shall provide for two-way communications including image and sound between the detainee and the judge.
E. The provisions for criminal venue as provided otherwise by law shall not be applicable to proceedings encompassed by commitment statutes referred to in this title which are deemed civil in nature.
F. Unless otherwise provided by law, the rules of civil procedure shall apply to all judicial proceedings provided for in this title, including, but not limited to, the rules concerning vacation of orders and appellate review.
Added by Laws 1985, c. 235, § 4, eff. Nov. 1, 1985. Amended by Laws 1986, c. 103, § 6, eff. Nov. 1, 1986. Renumbered from § 54.13 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 24, emerg. eff. April 9, 1990; Laws 1994, c. 207, § 1, eff. Sept. 1, 1994; Laws 2002, c. 488, § 2, eff. Nov. 1, 2002; Laws 2003, c. 46, § 3, emerg. eff. April 8, 2003; Laws 2004, c. 113, § 1, eff. Nov. 1, 2004; Laws 2005, c. 150, § 3, emerg. eff. May 9, 2005; Laws 2005, c. 195, § 2, eff. Nov. 1, 2005; Laws 2016, c. 177, § 4, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-1-108. Habeas corpus - Notice - Evidence.

A. Anyone in custody as a person in need of treatment, assisted outpatient or a minor in need of mental health treatment, pursuant to the provisions of this title, is entitled to a writ of habeas corpus, upon a proper application made by such person or some relative or friend in the person's behalf pursuant to the provisions of Sections 1331 through 1355 of Title 12 of the Oklahoma Statutes.
B. Upon the return of a writ of habeas corpus, whether the person is a person requiring treatment or an assisted outpatient as defined by Section 1-103 of this title or whether the minor is a minor requiring treatment as defined by Section 5-502 of this title shall be inquired into and determined.
C. Notice of hearing on the writ must be given to the guardian of the consumer, if one has been appointed, to the person who applied for the original commitment and to such other persons as the court may direct.
D. The medical or other history of the consumer, as it appears in the facility record, shall be given in evidence, and the executive director of the facility wherein the consumer is held in custody shall testify as to the condition of the consumer.
E. The executive director shall make available for examination by physicians selected by the person seeking the writ, the consumer whose freedom is sought by writ of habeas corpus.
F. Any evidence, including evidence adduced in any previous habeas corpus proceedings, touching upon the mental condition of the consumer shall be admitted in evidence.
Added by Laws 1953, p. 172, § 99, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 7, eff. Nov. 1, 1986. Renumbered from § 99 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1992, c. 298, § 40, eff. July 1, 1993; Laws 2004, c. 113, § 2, eff. Nov. 1, 2004; Laws 2005, c. 150, § 4, emerg. eff. May 9, 2005; Laws 2016, c. 177, § 5, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-1-109.1. Treatment advocates.

A. 1. Every adult having a mental illness as defined in Section 1-103 of this title who is under the care of a licensed mental health professional shall be informed by the licensed mental health professional or the mental health treatment facility that the consumer has the right to designate a family member or other concerned individual as a treatment advocate.
2. The individual designated as a treatment advocate shall act at all times in the best interests of the consumer.
3. The patient may change or revoke the designation of a treatment advocate at any time and for any reason.
4. The treatment advocate may participate in the treatment planning and discharge planning of the consumer to the extent consented to by the consumer and as permitted by law.
5. A person holding the powers vested in a guardianship of the person, a grant of general health care decision-making authority or designation of health care proxy contained in an advance directive for health care, or a durable power of attorney with health care decision-making authority shall be the treatment advocate for the patient by operation of law.
B. 1. The Board of Mental Health and Substance Abuse Services shall promulgate rules for all facilities certified by the Department of Mental Health and Substance Abuse Services as to the design, contents, and maintenance of a treatment advocate consent form.
2. The contents of the consent form, at a minimum, shall include a statement indicating that the treatment advocate understands that all mental health treatment information is confidential and that the treatment advocate agrees to maintain confidentiality.
C. This section shall not apply to inmates of the Oklahoma Department of Corrections.
Added by Laws 2003, c. 187, § 1, emerg. eff. May 7, 2003. Amended by Laws 2004, c. 113, § 4, eff. Nov. 1, 2004; Laws 2005, c. 150, § 6, emerg. eff. May 9, 2005; Laws 2013, c. 155, § 2, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-1-110.1. Mental Health Transport Revolving Fund.

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 “Mental Health Transport Revolving Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Department from appropriations or other monies directed to the fund. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department to carry out the provisions of Section 1-110 of Title 43A of the Oklahoma Statutes. 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.
Added by Laws 2023, 1st Ex. Sess., c. 28, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-2-101. Department of Mental Health and Substance Abuse Services - Board of Mental Health and Substance Abuse Services.

A. 1. There is hereby established in this state a Department of Mental Health and Substance Abuse Services.
2. This Department's governing board shall be the Board of Mental Health and Substance Abuse Services, and its chief executive officer shall be the Commissioner of Mental Health and Substance Abuse Services. The Commissioner shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor and may be removed or replaced without cause. Compensation for the Commissioner shall be determined by the Governor. The Commissioner may be removed from office by a two-thirds (2/3) vote of the members elected to and constituting each chamber of the Legislature.
3. The Department of Mental Health and Substance Abuse Services shall exercise all functions of the state in relation to the administration and operation of all state facilities for the care and treatment of the mentally ill and drug- or alcohol-dependent persons.
B. All references in the Oklahoma Statutes to the Department of Mental Health or the Board of Mental Health shall be construed to refer to the Department of Mental Health and Substance Abuse Services or the Board of Mental Health and Substance Abuse Services, respectively.
Added by Laws 1953, p. 153, § 11, emerg. eff. June 3, 1953. Amended by Laws 1986, c. 103, § 8, eff. Nov. 1, 1986. Renumbered from § 11 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1989, p. 1667, S.J.R. No. 23, § 1, eff. July 1, 1989; Laws 1990, c. 51, § 26, emerg. eff. April 9, 1990; Laws 2005, c. 150, § 7, emerg. eff. May 9, 2005; Laws 2019, c. 4, § 1, emerg. eff. March 13, 2019.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-2-102. Department to have charge and control of state institutions.

Unless otherwise specified by law, the Department of Mental Health and Substance Abuse Services shall have charge and control of any and all state institutions established for the care of the mentally ill and drug- or alcohol-dependent person.
Added by Laws 1953, p. 159, § 32, emerg. eff. June 3, 1953. Amended by Laws 1983, c. 304, § 14, eff. July 1, 1983; Laws 1986, c. 103, § 9, eff. Nov. 1, 1986. Renumbered from § 32 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 27, emerg. eff. April 9, 1990.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-2-104. Disposition of surplus equipment and land - Purchases.

A. The Department of Mental Health and Substance Abuse Services may declare equipment which is surplus to the needs of the Department to the Office of Management and Enterprise Services. The Office of Management and Enterprise Services shall dispose of the surpluses as provided by law.
B. The Office of Management and Enterprise Services shall be the purchasing agency for all facilities for which appropriations are made in the Mental Health Law, but shall not have authority to determine the propriety of purchases of institutions over which the Office of Management and Enterprise Services is not the controlling entity.
C. The Department is authorized to spend funds for the development of recreational facilities on state-owned land outside the facility grounds.
Added by Laws 1967, c. 324, § 5, emerg. eff. May 16, 1967. Amended by Laws 1983, c. 304, § 13, eff. July 1, 1983. Renumbered from § 25 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 29, emerg. eff. April 9, 1990; Laws 2002, c. 488, § 6, eff. Nov. 1, 2002; Laws 2003, c. 217, § 2, eff. Nov. 1, 2003; Laws 2010, c. 287, § 3, eff. Nov. 1, 2010; Laws 2012, c. 304, § 137.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-2-105. Board as Mental Health and Substance Abuse Services Authority.

On and after July 1, 1967, the Board of Mental Health and Substance Abuse Services shall be the Mental Health and Substance Abuse Services Authority of the State of Oklahoma.
Added by Laws 1967, c. 324, § 4, emerg. eff. May 16, 1967. Renumbered from § 24 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 30, emerg. eff. April 9, 1990; Laws 2010, c. 287, § 4, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-2-106. Grants, devises, donations and bequests - Investment of funds - Lease or sale of property - Annual account to State Auditor and Inspector.

A. 1. The Board of Mental Health and Substance Abuse Services, the Commissioner of Mental Health and Substance Abuse Services or any employee of the Department of Mental Health and Substance Abuse Services designated by the Commissioner may solicit and receive contributions, gifts and donations for use by the Department of Mental Health and Substance Abuse Services, or to any institution therein. The Board of Mental Health and Substance Abuse Services shall accept, hold in trust and authorize the use of any grant or devise of land, or any donation or bequest of money, or other personal property made to the Department of Mental Health and Substance Abuse Services, or to any institution therein, so long as the terms of the grant, donation, bequest, gift, or will are carried out.
2. The Board may invest and reinvest any funds and may lease any real or personal property, may sell any personal property and may invest the proceeds, for the benefit of the Department or any institution therein unless prevented by the terms of the grant, donation, bequest, gift or will.
B. The Board may lease any property owned or held in trust to any other state agency, political subdivision, federal agency, county, municipality or a nonprofit organization for a period not to exceed fifty (50) years.
C. The Department must annually account to the State Auditor and Inspector for all monies or property received or expended by virtue of this section. The account shall state:
1. The source of the monies or property received with the actual date of its receipt;
2. The particular use or place for which it was expended; and
3. The balance on hand showing the place of deposit of the unexpended balance.
Added by Laws 1953, p. 159, § 34, emerg. eff. June 3, 1953. Amended by Laws 1979, c. 30, § 13, emerg. eff. April 6, 1979. Renumbered from § 34 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 31, emerg. eff. April 9, 1990; Laws 1995, c. 85, § 1, eff. Nov. 1, 1995; Laws 1997, c. 127, § 1, emerg. eff. April 17, 1997; Laws 2003, c. 46, § 6, emerg. eff. April 8, 2003; Laws 2003, c. 217, § 3, eff. Nov. 1, 2003; Laws 2004, c. 113, § 5, eff. Nov. 1, 2004; Laws 2010, c. 287, § 5, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-2-107. Capital Outlay Fund - Approval of easements, rights-of-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 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.
Added by Laws 1967, c. 324, § 6, emerg. eff. May 16, 1967. Renumbered from § 26 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1986, c. 277, § 30, operative July 1, 1986; Laws 1988, c. 283, § 18, operative July 1, 1988; Laws 1990, c. 51, § 32, emerg. eff. April 9, 1990; Laws 2003, c. 217, § 4, eff. Nov. 1, 2003; Laws 2005, c. 195, § 6, eff. Nov. 1, 2005; Laws 2012, c. 304, § 138.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-2-109. Office of Consumer Advocacy - Advocate General and staff - Confidentiality of information.

A. The Department of Mental Health and Substance Abuse Services is authorized and directed to establish the Office of Consumer Advocacy within the Department of Mental Health and Substance Abuse Services and to employ such personnel as may be necessary to carry out the purposes of this section. The Office of Consumer Advocacy shall have access to facilities operated by, subject to certification by or under contract with the Department and the records of such facilities, including but not limited to, records of individuals receiving services. Records that are confidential under state and federal law shall be maintained as confidential and not be redisclosed.
B. The Advocate General and the staff of the Office of Consumer Advocacy shall not act as attorneys on behalf of individuals receiving services from facilities operated by, subject to certification by or under contract with the Department, except that they shall have the authority to file habeas corpus actions on behalf of such individuals and appear on their behalf in civil commitment and criminal post-commitment proceedings, and also appear on behalf of Department consumers in proceedings for writs of mandamus.
C. Except as otherwise specifically provided in this section and as otherwise provided by state or federal laws, the information, records, materials and reports related to investigations by the Office of Consumer Advocacy are confidential and contain privileged information. Accordingly, such records, materials and reports shall not be open to public inspection nor their contents disclosed, nor shall a subpoena or subpoena duces tecum purporting to compel disclosure of such information be valid. An order of the court authorizing the inspection, release or disclosure of information, records, materials and reports related to investigations by the Office of Consumer Advocacy shall be entered by a court only after a review of the records and a determination, with due regard for the confidentiality of the information and records and the privilege of the persons identified in the records, that a compelling reason exists, any applicable privilege has been waived and such inspection, release or disclosure is necessary for the protection of a legitimate public or private interest.
Added by Laws 2002, c. 488, § 8, eff. Nov. 1, 2002. Amended by Laws 2004, c. 113, § 6, eff. Nov. 1, 2004; Laws 2005, c. 195, § 7, eff. Nov. 1, 2005; Laws 2010, c. 287, § 7, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-2-110. Citizen advisory groups.

A. The Commissioner of Mental Health and Substance Abuse Services may appoint such citizen advisory groups as are deemed necessary for effective planning and delivery of services. Membership, terms and other details related to the functioning of such groups shall be established by the Commissioner and may be revised or rescinded at any time.
B. Members shall be eligible for reimbursement for their travel expenses in accordance with the provisions of the State Travel Reimbursement Act.
Added by Laws 2002, c. 488, § 9, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-2-201. Commissioner of Mental Health and Substance Abuse Services - Qualifications - Salary.

A. A Commissioner of Mental Health and Substance Abuse Services shall be appointed by the Board of Mental Health and Substance Abuse Services. The Commissioner may only be removed by the Board for cause. The Commissioner shall meet at least one of the following qualifications:
1. Possession of a Doctor of Medicine Degree and a license to practice medicine in this state;
2. Possession of an Osteopathic Medicine Degree and a license to practice medicine in this state;
3. Possession of a Doctor of Public Health Degree;
4. Possession of a Doctoral Degree in Psychology and a license to practice psychology in this state;
5. Possession of a Master of Public Health Degree and a minimum of five (5) years of supervisory experience in the administration of health services; or
6. Possession of a Master of Arts or Master's Degree in Business Administration, Social Science or a related field and a minimum of five (5) years of supervisory experience in the administration of health services.
B. The salary of the Commissioner shall be fixed by the Board.
Added by Laws 1953, p. 154, § 13, emerg. eff. June 3, 1953. Amended by Laws 1982, c. 344, § 16, emerg. eff. June 2, 1982. Renumbered from § 13 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1989, c. 329, § 2, eff. Nov. 1, 1989; Laws 1990, c. 51, § 34, emerg. eff. April 9, 1990; Laws 1997, c. 220, § 1, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-2-203. Classifications of employee positions - Exceptions.

The Commissioner of Mental Health and Substance Abuse Services shall classify as a part of the Merit System of Personnel Administration all positions for which there are established Merit System Classifications, except those positions unique to hospital and clinic functions, those positions held by employees of the Department of Mental Health and Substance Abuse Services who perform behavioral health services, those positions in facilities that were formerly privately operated but are now under the operational and management control of the Department, or those associated administrative and support employees whose salaries are paid from contractual agreements with managed care companies, health maintenance organizations, preferred provider organizations, hospital or health care networks, insurance plans, private business or other government agencies; provided, the employment of personnel whose salaries are paid from such contractual agreements shall be limited to the duration of the contracts or renewals thereof under which such personnel are employed. Provided further, no employee shall have the salary of that employee decreased as a result of the classification action herein directed.
Added by Laws 1979, c. 266, § 7, eff. July 1, 1979. Renumbered from § 14.1 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1995, c. 254, § 1, eff. Nov. 1, 1995; Laws 2005, c. 195, § 8, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-2-205. Internal audit program.

The Department of Mental Health and Substance Abuse Services is hereby directed to employ one or more internal auditors to establish and perform an effective and comprehensive internal audit program. Such program shall include, but not be limited to, reviews of accounting procedures, internal control, financial management and compliance with laws, regulations, policies and executive and legislative directives for the Department's administrative offices, institutions, community mental health centers and contractors. Internal audit final reports shall be made available to the Governor, the State Auditor and Inspector, the Legislative Service Bureau, the Board of Mental Health and Substance Abuse Services and the Commissioner of Mental Health and Substance Abuse Services.
Added by Laws 1982, c. 344, § 20, emerg. eff. June 2, 1982. Amended by Laws 1985, c. 319, § 7, operative Oct. 1, 1985. Renumbered from § 27 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 37, emerg. eff. April 9, 1990; Laws 1992, c. 269, § 2, eff. Sept. 1, 1992; Laws 2005, c. 195, § 9, eff. Nov. 1, 2005; Laws 2010, c. 287, § 8, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 43A. Mental Health › §43A-2-206. Legal services.

The Department of Mental Health and Substance Abuse Services may provide for legal services, and the Commissioner may employ or contract with attorneys as needed and determine their salaries; provided, however, that the attorneys may appear for and represent the Commissioner, the Board of Mental Health and Substance Abuse Services, administrative supervisors of facilities and Department personnel in administrative hearings and other legal actions and proceedings. Provided, further, that the Attorney General shall continue to give his opinion to the Department and to prosecute and defend action therefor, if requested to do so.
Added by Laws 1982, c. 344, § 21, emerg. eff. June 2, 1982. Renumbered from § 28 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1990, c. 51, § 38, emerg. eff. April 9, 1990.