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TITLE 43A
MENTAL HEALTH
_______
§43A-1. Renumbered as § 1-101 of this title by Laws
1986, c. 103, § 103, eff.
§43A‑1‑101. Short title.
This act shall be known as the Mental Health Law.
§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;
2.
Require treatment for drug or alcohol abuse; or
3.
Require domestic violence or sexual assault services.
B. All such residents
of this state are entitled to care and treatment in accordance with the
appropriate standard of care.
§43A-1-103.
Definitions.
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 this law;
5.
"Commissioner" means the individual selected and appointed by
the Board to serve as Commissioner of Mental Health and Substance Abuse
Services;
6. "Indigent
person" means a person who has not 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;
7.
"Facility" means any hospital, school, building, house or
retreat, authorized by law to have the care, treatment or custody of the
mentally ill or drug-dependent or alcohol-dependent persons including, but not
limited to, public or private hospitals, community mental health centers,
clinics, satellites or institutions; provided that facility shall not mean a
child guidance center operated by the State Department of Health;
8.
"Patient" 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 patients 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 physician licensed pursuant to Chapter 11 or Chapter 14 of Title 59 of
the Oklahoma Statutes who has received specific training for and is experienced
in performing mental health therapeutic, diagnostic, or counseling functions,
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 Chapter 44 of Title 59 of
the Oklahoma Statutes,
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 Chapter 44A of
Title 59 of the Oklahoma Statutes,
g.
a licensed behavioral practitioner as defined in Chapter 44B of Title 59
of the Oklahoma Statutes, or
h.
an advanced practice nurse as defined in Chapter 12 of Title 59 of the
Oklahoma Statutes specializing in mental health;
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:
(1) a person who because of a mental
illness of the person represents a risk of harm to self or others,
(2) a person who is a drug- or
alcohol-dependent person and who as a result of dependency represents a risk of
harm to self or others, or
(3) a person who appears to require
inpatient treatment:
(a)
(i) for a
previously diagnosed history of schizophrenia, bipolar disorder, or major
depression with suicidal intent, or
(ii) due to the appearance of
symptoms of schizophrenia, bipolar disorder, or major depression with suicidal
intent, and
(b) for whom such treatment is
reasonably believed will prevent progressively more debilitating mental
impairment.
b.
Person requiring treatment shall not mean:
(1) a person whose mental processes
have been weakened or impaired by reason of advanced years,
(2) a mentally retarded person as
defined in Title 10 of the Oklahoma Statutes,
(3) a person with seizure disorder,
or
(4) a person with a traumatic brain
injury,
unless the person also meets the
criteria set forth in subparagraph a of this paragraph;
14.
"Petitioner" means a person who files a petition alleging that
an individual is a person requiring treatment;
15. "Executive
director" means the person in charge of a facility as defined in this
section;
16. "Private
hospital or institution" 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 state or federal government, except that the term shall
include the Oklahoma Memorial Hospital Neuro-psychiatric
Unit. The term “private
hospital” or “institution” 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; and
18. "Risk of
harm to self or others" means:
a.
a substantial risk of physical harm to self as manifested by evidence or
serious threats of or attempts at suicide or other self-inflicted or bodily
harm,
b.
a substantial risk of physical harm to another person or persons as
manifested by evidence of violent behavior directed toward another person or
persons,
c.
having 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 threats,
d.
a reasonable certainty that without immediate treatment severe
impairment or injury will result to the person alleged to be a person requiring
treatment as manifested by the inability of the person to avoid or protect self
from such impairment or injury, or
e.
a substantial risk of serious physical impairment or injury to self as
manifested by evidence that the person is unable to provide for and is not
providing for the basic physical needs of the person and that appropriate
provision for those needs cannot be made immediately available in the
community.
§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
patients hospitalized pursuant to law.
§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.
§43A-1-106.
Representation of state in court proceedings.
The district attorneys of this state shall represent the
people of
§43A-1-107.
Venue of actions - Hearings.
A. Civil actions for
involuntary commitment 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.
1.
Hearings in actions for involuntary commitment 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
patient.
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.
C. 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 closed-circuit television to the judge. A closed-circuit television system shall
provide for two-way communications including image and sound between the
detainee and the judge.
D. 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.
E. 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.
§43A‑1‑108. Habeas corpus ‑
Notice ‑ Evidence.
Anyone in custody as a person in need of treatment or a
child 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 him or some relative or friend in his behalf pursuant to the provisions of
Sections 1331 through 1355 of Title 12 of the Oklahoma Statutes. Upon the return of such writ, the fact of his
mental illness shall be inquired into and determined. Notice of hearing on said writ must be given
to the guardian of such patient, if one has been appointed, to the person who
applied for the original commitment and to such other persons as the court may
direct. The medical or other history of
the patient, as it appears in the institutional record, shall be given in
evidence, and the superintendent of the institution wherein such person is held
in custody, and any proper person, shall be sworn touching the condition of
such person.
The superintendent shall make available for examination by
physicians selected by the person seeking the writ, the patient whose freedom
is sought by writ of habeas corpus. Any
evidence, including evidence adduced in any previous habeas corpus proceedings,
touching upon the mental condition of the patient shall be admitted in
evidence.
§43A-1-109.
Confidential and privileged information - Disclosure.
A.
1.
All mental health and drug or alcohol abuse treatment information,
whether or not recorded, and all communications between a physician or
psychotherapist and a patient 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 patient 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. Such information shall not be disclosed to
anyone not involved in the treatment or related administrative work without a
valid written release or an order from a court of competent jurisdiction.
B.
1.
The restrictions on disclosure shall not apply to the following:
a.
communications to law enforcement officers that are directly related to
a commission of a crime by a patient on the premises of a facility or against
facility personnel or to a threat to commit such a crime, and that are limited
to the circumstances of the incident, including the patient status of the
individual committing or threatening to commit the crime, the name and address
of that individual, and the last-known whereabouts of that individual,
b.
reporting under state law of incidents of suspected child abuse and
neglect to the appropriate authorities, and
c.
disclosure of patient-identifying information to medical personnel who
have a need for information about a patient for the purpose of treating a
condition which poses an immediate threat to the health of any individual and
which requires immediate medical intervention.
2.
Disclosures under this subsection shall be limited to the minimum
information necessary to accomplish the intended purpose of the disclosure.
C. A person who is or
has been a patient of a physician, psychotherapist, mental health facility, a
drug or alcohol abuse treatment facility or service, other agency for the
purpose of mental health or drug or alcohol abuse care and treatment shall be
entitled to personal access to such person’s mental health or drug or
alcohol abuse treatment information unless such access is reasonably likely to
endanger the life or physical safety of the patient or another person as
determined by the person in charge of the care and treatment of the patient.
D.
1.
The restrictions on disclosure of mental health or drug or alcohol abuse
treatment information shall not restrict the disclosure of patient-identifying
information related to the cause of death of a patient under laws requiring the
collection of death or other vital statistics or permitting inquiry into the
cause of death. Any other disclosure
regarding a deceased patient 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 patient or,
if none, by any responsible member of the family of the patient.
2.
"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 deceased patient as verified by the
physician, psychologist or other person responsible for the care and treatment
of such person.
E. A valid written
release for disclosure of mental health or drug or alcohol abuse treatment
information shall have, at a minimum, the following elements:
1.
The specific name or general designation of the program or person
permitted to make the disclosure;
2.
The name or title of the individual or the name of the organization to
which disclosure is to be made;
3.
The name of the patient whose records are to be released;
4.
The purpose of the disclosure;
5.
A description of the information to be disclosed;
6.
The dated signature of the patient or authorized representative or both
when required;
7.
A statement of the right of the patient to revoke the release in writing
and a description of how the patient may do so;
8.
An expiration date, event or condition if not revoked before, which shall
ensure the release will last no longer than reasonably necessary to serve the
purpose for which it is given; and
9.
If the release is signed by a person authorized to act for a patient, a
description of the authority of such person to act.
§43A-1-109.1.
Treatment advocates.
A. A person having a
mental illness as defined in Section 1-103 of Title 43A of the Oklahoma
Statutes 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 patient has the right to designate a family member
or other concerned individual as a treatment advocate. The individual so designated shall act at all
times in the best interests of the patient.
The patient may change or revoke the designation of a treatment advocate
at any time and for any reason. The
treatment advocate may participate in the treatment planning and discharge
planning of the patient to the extent consented to by the patient and as permitted
by law.
B. 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. 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.
§43A-1-110.
Reimbursement of sheriffs’ and peace
officers’ expenses in transporting persons for mental health services.
A. Sheriffs and peace
officers shall be responsible for transporting individuals to and from
designated sites or facilities for the purpose of examination, emergency
detention, protective custody and inpatient services.
B. Sheriffs and peace
officers shall be entitled to reimbursement from the Department of Mental
Health and Substance Abuse Services for transportation services associated with
minors or adults requiring examination, emergency detention, protective custody
and inpatient services.
C. Any transportation
provided by a sheriff or deputy sheriff or a peace officer on behalf of any
county, city, town or municipality of this state, to or from any facility for
the purpose of examination, admission, interfacility
transfer, medical treatment or court appearance shall be reimbursed in
accordance with the provisions of the State Travel Reimbursement Act.
§43A-2.
Renumbered as § 1-102 of this title by Laws 1986, c. 103, § 103, eff.
§43A‑2‑101. Department of Mental Health
and Substance Abuse Services - Board of Mental Health and Substance Abuse
Services.
A. There is hereby
established in this state a Department of Mental Health and Substance Abuse
Services. 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 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
institutions 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.
§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.
§43A-2-108.
Investigation of wrongful, negligent or improper
treatment - System for prompt resolution of complaints.
A. When the
Department of Mental Health and Substance Abuse Services has reason to believe
that any individual receiving services from a facility operated by, certified
by, or under contract with the Department has been wrongfully deprived of
liberty, or is cruelly, negligently or improperly treated, or inadequate
provision is made for the individual’s appropriate medical care, proper
supervision and safe keeping, the Department may ascertain the facts or may
require an investigation of the facts.
B. The Board shall
establish and maintain a fair, simple and expeditious system for resolution of
complaints of all individuals receiving such services.
§43A-2-109. Office of Consumer Advocacy - Advocate
General - Powers and duties.
A. The Board 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 Section 2-108 of Title 43A of the
Oklahoma Statutes.
1.
The chief administrative officer of the Office of Consumer Advocacy
shall be the Advocate General, who shall be an attorney admitted to practice in
the State of Oklahoma with a minimum of three (3) years experience. The Advocate General shall report to the
Board and be supervised by the Board, and may be dismissed only for cause.
2. The Advocate
General shall have the following powers and duties:
a.
to serve as an advocate, but not as an attorney, for individuals
receiving services from facilities operated by, subject to certification by or
under contract with the Department, and, if an individual needs legal counsel,
advise the individual of the right to seek counsel and refer the individual to
counsel, if necessary,
b.
to supervise personnel assigned to the Office of Consumer Advocacy,
c.
to monitor and review grievance procedures in facilities operated by,
subject to certification by or under contract with the Department,
d.
to investigate unresolved grievances and allegation of abuse, neglect
and improper treatment of individuals receiving services from facilities
operated by, subject to certification by or under contract with the Department,
e. to access facilities operated by, subject to
certification by or under contract with the Department and the records of such
facilities. Reasonable access shall be granted for the
purposes of conducting investigations of abuse, neglect and improper treatment,
and performing other activities as necessary to monitor care and treatment
provided by such facilities,
f. to access the records of individuals receiving
services from facilities operated by, subject to certification by or under
contract with the Department. Records that are
confidential under state and federal law shall be maintained as confidential
and not be redisclosed by the Advocate General,
g.
to submit a report of the results of investigations of abuse to the
appropriate district attorney and, if the individual is a juvenile in the
custody of a state agency, submit a report to that state agency,
h.
to make recommendations to the Commissioner and provide regular or
special reports regarding investigations and unresolved grievances to the
Commissioner and the Board, and
i. to perform such other duties as assigned by
the Board.
B. The Advocate
General and the staff of the Office of Consumer Advocacy shall not act as an
attorney 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 commitment proceedings.
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.
1.
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.
2.
This section shall not be construed as prohibiting the Department or the
Office of Consumer Advocacy from summarizing the outcome of an investigation,
stating the allegation and finding. The
summary may be provided to the person suspected of abuse, neglect or improper
treatment, the person subject to alleged abuse, neglect or improper treatment,
the person who reported an allegation, and the administrator of a facility
certified by or under contract with the Department at which the alleged abuse,
neglect or improper treatment occurred.
§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.
§43A-2-202.
Commissioner - Powers and duties.
Except as herein provided, the Commissioner of Mental Health
and Substance Abuse Services shall have charge of the administration of the
Department of Mental Health and Substance Abuse Services as directed by the
Board of Mental Health and Substance Abuse Services and shall be charged with
the duty of carrying out the provisions of the Mental Health Law. The Commissioner may appoint necessary
personnel to carry on the work of the Department, prescribe their titles and
duties, and fix their compensation. The
Commissioner may prescribe policies for the operation of the Department. In addition, the Commissioner shall have the
following powers and duties:
1. To appoint, with
the consent of the Board, an executive director of each facility within the
Department, and fix the qualifications, duties and compensation of the
executive directors; to counsel with the various executive directors about
facility needs and budget requests; and to prepare and submit for appropriate
legislative action budget requests sufficient to carry on the functions of the
Department. These budget requests shall
be submitted to the Board for its recommendations before being submitted for
legislative action;
2. To develop, institute
and administer such administrative and professional policies as may be
necessary to guarantee effective, efficient and uniform operation of the
Department and its facilities;
3. To prescribe
uniform reports to be made by the executive directors of the facilities and
designate forms to be used;
4. After conference
with the executive director of each facility, determine the number of employees
to be appointed and fix their respective titles, salaries, and wages which
shall be as uniform as possible for comparable service;
5. To aid, assist and
cooperate with the State Department of Health, institutions of higher learning,
public schools, and others interested in public education regarding the issue
of mental hygiene in the establishment of a sound mental health program in the
State of Oklahoma;
6. To visit each
facility in the Department at least once each calendar year. During such visits, the Commissioner shall
have access to any or all facilities and records and shall have the privilege
of interviewing all personnel and patients within the facility. The purpose of such visits shall be:
a. to review and evaluate the
professional and administrative activity of such facilities,
b. to ensure compliance with medical
and administrative policies and procedures established by the Department,
c. to modify and revise existing
operating procedure to improve operational effectiveness,
d. to institute new policies and
procedures to effect improvement and economy of overall operation, and
e. to coordinate the activities of
each facility with the overall operation of the Department;
7. To authorize other
members of the Department to visit the facilities in the Department. Such persons shall have the same power to
inspect the facility and its records and to interview personnel and patients as
the Commissioner;
8. To designate the
type of patient that will be cared for at each facility and designate hospital
or community mental health center districts for the purpose of determining to
which of the facilities within the Department or community mental health
centers persons committed from each county shall initially be sent. These designations may be changed from time
to time. The Commissioner or a designee
of the Commissioner may establish specific hours for nonemergency
patient admissions at each facility. The
Commissioner or a designee of the Commissioner may delay nonemergency
inpatient admissions when such admissions would cause facilities to exceed
their authorized capacity. Patients may
be transferred from one facility to another within the Department on the
authority of the Commissioner as provided for in the Mental Health Law. Permanent transfer of a patient may be made
when it is apparent that the patient's general welfare, care, and treatment can
be more effectively provided at another facility, provided the parents or
guardian are notified as soon as possible of the transfer. Temporary transfer of a patient may be made
in order that a patient may have the advantage of special services not
available at the facility of such patient’s present residence. Requests for transfer shall be initiated by
the executive director of the facility in which the patient resides. Sufficient supporting information from the
patient's records shall be submitted by the executive director to the
Commissioner to warrant a decision as to the advisability of the transfer;
9. To call meetings
of the executive directors of the facilities in the Department, and act as
chair of such meetings, to discuss common problems in order to obtain
uniformity and bring about coordination of the facilities for the maximum
service to the state. Such called
meetings may or may not be held jointly with the Board;
10. To be the chair
of a Board of Psychiatric Examiners to review the case of any patient, and to
examine any patient when the executive director of any facility concludes that
a patient within such facility is subject to discharge but such executive
director is unwilling to discharge the patient as provided in the Mental Health
Law. The Board of Psychiatric Examiners
shall be composed of the Commissioner and two members selected by the
Board. Such members shall be selected
from persons who are qualified examiners according to the Mental Health
Law. The Commissioner may designate a
third qualified examiner to act as chair when circumstances warrant and when
the Commissioner deems it necessary;
11. To keep a list of
all nonresidents admitted to a facility within the Department and to make every
effort possible to make arrangements with other states so that mentally ill
persons who are being cared for at public expense in any facility in this state
and who are citizens or residents of such other states may be transferred at
the expense of this state to similar facilities in such other states. The Commissioner shall not prevail upon
relatives or friends of such mentally ill person or any other person to defray
such expenses. Mentally ill persons who
are being cared for at public expense in hospitals for mentally ill or
facilities of other states, other than persons who have been transferred from
penal institutions and the terms of whose sentences to such penal institutions
shall not have expired, and who are citizens or residents of this state, may be
transferred at the expense of such other states to similar facilities in this
state. Removal of a nonresident to the
nonresident’s state may be authorized by the Commissioner and all
expenses of such transfer shall be taken from the Travel Fund of the facility
if the transfer is to be at public expense.
Patients returned to this state pursuant to these provisions shall be
delivered directly to the hospital designated by the Commissioner and shall be
admitted in accordance with these provisions;
12. To prescribe the
official forms of any and all papers not specifically described in the Mental
Health Law including those to be used in ordering a person to a facility within
the Department, except that when a person is ordered to a facility by a court,
the order to hospitalize or admit such person may be on such form as the court
deems proper;
13. To utilize the
services of employees of the Department of Central Services, the State
Department of Health, and the Department of Human Services when authorized by
the director or commissioner thereof.
When employees of those agencies are used, the Commissioner of Mental
Health and Substance Abuse Services may authorize payment of their traveling
expenses as provided by law;
14. To make contracts
and agreements with other departments of this state to carry out these
provisions;
15. To make a written
report annually to the Governor concerning the administration of the Department
and submit copies thereof to members of the Legislature. Such report shall be presented one (1) month
prior to the convening of any regular session of the Legislature and shall
include:
a. specific information regarding
the number of patients admitted, treated, and discharged,
b. the methods of treatment used and
an appraisal of the success thereof,
c. the financial condition and needs
of each facility in the Department,
d. any long‑range plans or
recommendations for the utilization and improvement of facilities, equipment,
and personnel and for the care and treatment of patients,
e. any recommendations requiring
legislation, and
f. major findings, in summarized
form, obtained by visits made pursuant to the provisions of paragraph 6 of this
section;
16. To designate as
peace officers qualified personnel in the fire and safety officer, security officer
and correctional officer job classifications.
The authority of employees so designated shall be limited to maintaining
custody of patients in facilities, maintaining security or performing functions
similar to those performed by correctional officers or other security personnel
for Department of Corrections inmates housed in mental health facilities,
preventing attempted escapes, and pursuing and returning court committed
patients and Department of Corrections inmates who have escaped from Department
facilities. The powers and duties of
such peace officers may be exercised for the purpose of maintaining custody of
any patient being transported within the state and outside the State of
17. Any other power
necessary to implement the provisions of the Mental Health Law.
§43A-2-219.
Mistreatment of patient.
Any officer or employee of a facility who maliciously
assaults, beats, batters, abuses, or uses mechanical restraints, or willfully
aids, abets, advises or permits any patient confined therein to be maliciously
assaulted, beaten, battered, abused, or mechanically restrained shall be guilty
of a felony, and on conviction thereof shall be punished by imprisonment in the
State Penitentiary for not more than five (5) years, or a fine not exceeding
Five Hundred Dollars ($500.00), or both such fine and imprisonment.
§43A-2-220.
Failure of executive director to report mistreatment.
An executive director of a facility who fails to report to
the district attorney of the county in which the facility is located any
officer or employee who shall willfully or maliciously assault, beat, batter,
abuse or use mechanical restraints without authority or who aids, abets,
advises or permits any patient confined in the facility to be subjected to such
conduct shall be guilty of a misdemeanor.
§43A‑2‑224. Collection of information
for administrative purposes - Confidentiality.
A. The Department of
Mental Health and Substance Abuse Services shall have the authority to collect
information sufficient to meet the administration’s needs related to
oversight, management, evaluation, performance improvement and auditing of
mental health, substance abuse, domestic violence and sexual assault services
and combating and preventing mental illness, substance abuse, domestic violence
and sexual assault.
B. The individual
forms, computer tapes and other forms of data collected by and furnished to the
Department shall be confidential and shall not be public records as defined in
the Open Records Act, Section 24A.1 et seq. of Title 51 of the Oklahoma
Statutes.
C. Except as
otherwise provided by state and federal confidentiality laws, identifying
information shall not be disclosed and shall not be used for any public purpose
other than the creation and maintenance of anonymous datasets for statistical
reporting and data analysis.
§43A‑2‑307. Property to state in trust
for mentally incompetent or poor person ‑Validity ‑ Minimum amount.
Any will or conveyance by which any real or personal estate
may be directed to be sold or converted into money, and the proceeds paid over
to the state, or the Treasurer thereof, in trust for any insane person, and any
will bequeathing or deed conveying any money to this state or the people
thereof, in trust for any insane person or poor person, is hereby declared to
be legal and valid, as to such trust, and the trust so reposed and declared
shall be accepted subject to the conditions, restrictions and limitations
contained in this act. No trust shall be
accepted under this act unless the monies so bequeathed, or the proceeds of
sale of real or personal estate so devised, bequeathed or conveyed shall amount
to at least One Hundred Dollars ($100.00).
§43A-3-101.
Institutions maintained for residents - Names - Location.
The facilities within the Department of Mental Health and
Substance Abuse Services, which shall be maintained for residents of the state,
are:
1.
2.
3.
4.
5.
Carl Albert Community Mental
6.
Jim Taliaferro Community Mental
7.
Central
8.
Bill Willis Community Mental Health and
9.
10.
§43A-3-101.1.
Repealed by Laws 2003, c. 46, § 41, emerg. eff.
§43A-3-101.2.
Repealed by Laws 2002, c. 488, § 50, eff.
§43A-3-101.3.
Repealed by Laws 2002, c. 488, § 50, eff.
§43A-3-101.4.
Repealed by Laws 2002, c. 112, § 7, eff.
§43A-3-101.5.
Repealed by Laws 2002, c. 112, § 6, eff.
§43A-3-101.6.
Repealed by Laws 2003, c. 46, § 41, emerg. eff.
§43A-3-113.1.
Task Force on Behavioral Health.
A. There is hereby
re-created until
B. The Task Force
shall be composed of twenty-four (24) members as follows:
1. The Director of
the Department of Human Services, or a designee;
2. The Director of
the Department of Corrections, or a designee;
3. The Commissioner
of the Department of Mental Health and Substance Abuse Services, or a designee;
4. The State
Commissioner of Health, or a designee;
5. The Executive
Director of the Office of Juvenile Affairs, or a designee;
6. The Administrator
of the Oklahoma Health Care Authority, or a designee;
7. The State
Superintendent of Public Instruction, or a designee;
8. A medical doctor
certified as an addiction specialist, appointed by the Speaker of the House of
Representatives;
9. A licensed
behavioral health provider, appointed by the President Pro Tempore of the
Senate;
10. Three persons
appointed by the Governor, representing the following groups:
a. a family
member of a child consumer of behavioral health services,
b. a
not-for-profit youth and family services provider, and
c. a consumer
of domestic violence services;
11. Three persons appointed
by the President Pro Tempore of the Senate, representing the following groups:
a. a for-profit
behavioral health provider,
b. a
not-for-profit substance abuse treatment provider, and
c. a consumer
of mental health services;
12. Three persons appointed
by the Speaker of the House of Representatives, representing the following
groups:
a. a
not-for-profit community mental health provider,
b. a
not-for-profit domestic violence services provider, and
c. a consumer
of substance abuse services;
13. Three members of
the Oklahoma House of Representatives appointed by the Speaker of the House of
Representatives; and
14. Three members of
the Oklahoma State Senate appointed by the President Pro Tempore of the Senate.
C. The President Pro
Tempore of the Senate and the Speaker of the House of Representatives shall
each name a cochair of the Task Force from among the
legislative members appointed to the Task Force. The members of the Task Force shall elect any
other officers during the first meeting and upon a vacancy in any office. The Task Force shall meet as often as
necessary. Task Force members employed
by the state shall be reimbursed travel expenses related to their service on
the Task Force by their respective agencies pursuant to the provisions of the
State Travel Reimbursement Act.
Legislative members of the Task Force shall be reimbursed for their
necessary travel expenses incurred in the performance of their duties in
accordance with Section 456 of Title 74 of the Oklahoma Statutes. Remaining Task Force members shall be
reimbursed travel expenses related to their service on the Task Force by their
appointing authorities pursuant to the provisions of the State Travel
Reimbursement Act.
D. Administrative
support for the Task Force, including, but not limited to, personnel necessary
to ensure the proper performance of the duties and responsibilities of the Task
Force, shall be provided by the staff of the House of Representatives and the
Senate. All participating state agencies
may provide for any administrative support through interagency agreements with
other state agencies represented on the Task Force, pursuant to the provisions
of the Interlocal Cooperation Act.
E. The Task Force
shall:
1. Make
recommendations regarding the cooperative and coordinated delivery of
behavioral health services by state agencies responsible for providing such
services. In making such
recommendations, the Task Force shall conduct a review which includes, but is
not limited to:
a. identification
of all services currently offered and persons actually served,
b. identification
of barriers to services,
c. assessment
of the quality of services offered and recommendations to improve the quality
of services offered,
d. the extent
of duplication of effort between state agencies and recommendations for
integration and appropriate streamlining of service delivery,
e. assessment
of oversight of providers of behavioral health services to determine whether
the type of oversight is appropriate to the services offered and is adequate to
ensure quality, and whether oversight services are duplicated by more than one
agency,
f. assessment
of performance outcomes, and recommendations for improvement of performance
outcomes,
g. cost
analysis of provided services,
h. analysis of
how to fund adequate services while ensuring quality,
i. identification
of the nature and requirements of available grants and the ability of state
agencies and their contractors to obtain available grants,
j. identification
of any other problem area related to delivery of behavioral health services,
k. recommendations
for development of a behavioral health system of care for children,
l. recommendations
for an integrated and comprehensive behavioral health system of care for adults
needing substance abuse treatment or other behavioral health services,
m. review of
professional qualifications of providers of behavioral health services, and
n. examination
of the privatization of services provided to the population served by state
agencies and recommendations regarding privatization of services; and
2. Submit any
legislative proposals necessary to implement the findings of the Task Force on
or before December 1 of each year.
F. The Task Force
shall submit an annual report to each agency affected by the report, the Governor,
the President Pro Tempore of the Senate, the Speaker of the House of
Representatives, and the appropriate committees of the State Senate and the
House of Representatives.
§43A‑3‑201. Statewide system of precare and aftercare services.
The Commissioner, with the approval of the Board of Mental
Health and Substance Abuse Services, may establish a statewide system of precare and aftercare services, to include receiving
hospital services and halfway houses, in relation to the admission and discharge
of patients from state mental hospitals.
Physical facilities for these services may be leased, purchased, or
constructed by the State of
§43A-3-250.
Repealed by
Laws 2003, c. 46, § 41, emerg. eff.
§43A-3-301.
Short title.
Sections 3-301 through 3-319 of this title shall be known as
the "Unified Community Mental Health Services Act".
§43A-3-302.
Definitions.
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, domestic violence or sexual assault program, 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 substance abuse and domestic violence and sexual assault
services;
3. "Catchment area or service area" means a geographic
area established by the Department of Mental Health and Substance Abuse
Services;
4. "Community
mental health center" means a facility offering:
a.
a comprehensive array of community-based mental health services,
including, but not limited to, inpatient treatment, outpatient treatment,
partial hospitalization, emergency care, consultation and education, and
b. certain services at the option of
the center, including, but not limited to, prescreening, rehabilitation
services, pre-care and aftercare, training programs, and research and
evaluation programs;
5. "Community mental
health services", in conformance with federal requirements, means services
for the treatment of alcoholism, drug addiction or abuse, and mental illness,
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;
7. "Domestic
violence program" or "sexual assault program" means a facility,
agency or organization which offers or provides or a person who engages in the
offering of shelter, residential services or support services to:
a. victims or survivors of domestic
abuse as defined in Section 60.1 of Title 22 of the Oklahoma Statutes, any
dependent children of said victims or survivors and any other member of the
family or household of such victim or survivor,
b. victims or survivors of sexual
assault,
c. persons who are homeless as a
result of domestic or sexual violence or both domestic and sexual violence, and
d. persons who commit domestic
violence,
and which may provide other services, including, but not
limited to, counseling, case management, referrals or other similar services to
victims or survivors of domestic abuse or sexual assault;
8. "Day
treatment program" means a structured, comprehensive program designed to
improve or maintain a person’s ability to function in the community,
which includes, but is not limited to, nonresidential, partial hospitalization
programs, and day hospital programs; and
9. “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.
§43A-3-303.
Repealed by Laws 1996, c. 354, § 55, eff.
§43A-3-304.
Repealed by Laws 1996, c. 354, § 55, eff.
§43A-3-305.
Repealed by Laws 1996, c. 354, § 55, eff.
§43A-3-306.
Board of Mental Health and Substance Abuse Services -
Responsibilities and authority.
A. The Board of
Mental Health and Substance Abuse Services shall have the responsibility and
authority to:
1.
Promulgate rules governing eligibility of public agencies or mental
health facilities to contract with the Department of Mental Health and
Substance Abuse Services;
2.
Prescribe standards for qualifications of personnel and quality of
professional services;
3.
Ensure eligibility for community mental health services so that no
person will be denied services on the basis of race, color or creed or
inability to pay; and
4.
Promulgate such other rules as may be necessary to carry out the
provisions of the Unified Community Mental Health Services Act.
B. The Department
shall have the following responsibilities and authority to:
1.
Provide technical assistance to community mental health facilities and
boards;
2.
Provide clinical, fiscal and management audit of services and
facilities;
3.
Approve and compile catchment area plans and
budget requests into a statewide mental health plan and budget for submission
to the Governor, Legislature and federal funding sources as appropriate; and
4.
Assist mental health facilities in the recruitment of qualified
personnel and in conducting in-service training programs.
§43A-3-306.1.
Certification as community mental health center -
Rules and standards.
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 community mental health center.
B. Applications for
certification as a community mental health center 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 the community mental health centers for a period of three (3) years
subject to renewal as provided in the rules promulgated by the Board.
C. The Board is
authorized to establish an application and renewal fee of no more than One
Hundred Fifty Dollars ($150.00) to defray the costs incurred in the
certification process.
D. The Department
shall not enter into a contract with a community mental health center unless it
is certified pursuant to this section.
E. Certified
community mental health centers 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.
F. Failure to comply
with rules and standards promulgated by the Board shall be grounds for
revocation, suspension or nonrenewal of
certification.
§43A-3-307.
Repealed by Laws 2002, c. 488, § 50, eff.
§43A-3-308.
Repealed by Laws 2001, c. 186, § 17, eff.
§43A-3-309.
Repealed by Laws 2002, c. 488, § 50, eff.
§43A‑3‑311. Authorization and
expenditures of funds.
The funds appropriated to the Department of Mental Health
and Substance Abuse Services for the support of private nonprofit organizations
and state‑operated centers shall be administered pursuant to the
provisions of the Unified Community Mental Health Services Act. Funds for the support of private nonprofit
organizations shall be authorized by the Department of Mental Health and
Substance Abuse Services only on the basis of performance contracts or fee‑for‑service
contracts. Said funds may be reduced or
withheld by the Commissioner in amounts necessary to require compliance with
the provisions of the Unified Community Mental Health Services Act. Expenditures of said funds by public and
private nonprofit organizations shall be subject to audit by the Department of
Mental Health and Substance Abuse Services, which shall utilize audit
procedures sufficient to ascertain the proper use of state monies by each
recipient.
§43A‑3‑315. Community residential
mental health programs ‑ Program certification.
A. The Board of
Mental Health and Substance Abuse Services shall adopt minimum standards for program
certification for residential care homes operating as community residential
mental health programs as provided in this section. The standards shall be adopted as rules and
promulgated by the Board of Mental Health and Substance Abuse Services pursuant
to the provisions of the Administrative Procedures Act.
B. The program
certification standards adopted by the Board shall provide for a system of
classification of community residential mental health programs based upon the
level of care required by residents of the facility and establish minimum
program certification standards for each classification. The program certification standards adopted
by the Board for each classification shall be such that residential care
facilities having a valid contract with the Department and licensed by the
State Department of Health on
C. The Department
shall not enter into a contract with a residential care home unless such home
is certified as a community residential mental health program. The Department shall terminate the contract
of any home that fails to meet contract provisions regarding financial
statements.
§43A-3-315.1.
Supportive assistance services for residents of 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.
§43A-3-315.2.
Repealed by Laws 2002, c. 112, § 15, eff.
§43A‑3‑316. Program for care of violent
patients.
The Department of Mental Health and Substance Abuse Services
shall establish within an existing state mental health hospital or hospitals a
program for the care of violent patients who are unable to function outside of
a secure and structured environment.
§43A-3-317.
Community-based structured crisis centers.
A. The Board of
Mental Health and Substance Abuse Services, or the Commissioner of Mental
Health and Substance Abuse Services upon delegation by the Board, shall certify
community-based structured crisis centers for the provision of nonhospital emergency services for mental health and
substance abuse crisis intervention. The
Board shall promulgate rules for the certification of community-based structured
crisis centers.
B. No community-based
structured crisis center 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.
C. For the purposes
of this section, "community-based structured crisis center" means any
certified community mental health center or facility operated by the Department
which is established and maintained for the purpose of providing
community-based mental health and substance abuse crisis stabilization services
including, but not limited to, observation, evaluation, emergency treatment and
referral, when necessary, for inpatient psychiatric or substance abuse
treatment services.
§43A-3-318. Certification of behavioral
health case managers - Use of title.
A. The Board of
Mental Health and Substance Abuse Services shall promulgate rules and standards
for certification of behavioral health case managers who are employed by the
state or by behavioral services providers contracting with the state to provide
behavioral health services. Such rules
and standards shall address criteria for certification and renewal, including
minimum education requirements, examination and supervision requirements, continuing
education requirements, and rules of professional conduct.
B. Application for
certification as a behavioral health case manager 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 the behavioral health case manager for a period of two (2) years
subject to renewal as provided in the rules promulgated by the Board.
C. The Board is
authorized to establish an application and renewal fee of no more than One
Hundred Dollars ($100.00) to defray the costs incurred in the certification
process.
D. Behavioral health
case managers certified by the Board or the Commissioner shall only use the
title "certified behavioral health case manager" if employed by the
state or by behavioral services providers contracting with the state to provide
behavioral health services. This section
shall not be construed to permit the certified behavioral health case manager
to practice any of the following professions or use the following titles unless
also licensed or accredited by the appropriate authority: physician, psychologist, clinical social
worker, professional counselor, marital and family therapist, behavioral practitioner,
or alcohol and drug counselor.
E. Failure to comply
with rules and standards promulgated by the Board shall be grounds for
revocation, suspension or nonrenewal of
certification.
§43A-3-319.
Certification as program of assertive community treatment
- Compliance with regulations and standards.
A. The Board of
Mental Health and Substance Abuse Services shall promulgate rules and standards
for certification of facilities or organizations that desire to be certified as
a program of assertive community treatment for the provision of community-based
comprehensive treatment for persons with serious mental illness and related
disorders.
B. Applications for
certification as a program of assertive community treatment shall be made to
the Department on prescribed forms. The
Board, or the Commissioner upon delegation by the Board, may certify the
program of assertive community treatment for a period of three (3) years
subject to renewal as provided in the rules promulgated by the Board.
C. The Department
shall not enter into a contract with a program of assertive community treatment
unless it is certified pursuant to this section.
D. No program of
assertive community treatment shall operate or continue to operate unless the
program complies with the rules promulgated by the Board and is certified as
required by this section.
E. Failure to comply
with regulations and standards promulgated by the Board shall be grounds for
revocation, suspension or nonrenewal of
certification.
§43A-3-501.
Short title.
Sections 3-501 through 3-503 of the Mental Health Law shall
be known and may be cited as the "Oklahoma Comprehensive Mental Health
Services for the Deaf and Hard-of-Hearing Act".
§43A-3-502.
Program for mental health care and treatment for the deaf and hearing
impaired.
A. The Commissioner
of Mental Health and Substance Abuse Services shall establish a program to
provide comprehensive inpatient and outpatient mental health care and treatment
for deaf and hard-of-hearing individuals, and their families who need such
services. For purposes of the Oklahoma
Comprehensive Mental Health Services for the Deaf and Hard-of-Hearing Act, the
term "individuals" shall include adults and children.
B. Such program shall
include, but not be limited to, the following:
1.
Inpatient and outpatient treatment;
2.
Evaluation, diagnostic, and information resource services for mental
health care for deaf and hard-of-hearing individuals and their families;
3.
Cooperation with state-supported community mental health programs and
other community mental health programs and services in order to provide mental
health care throughout the state for deaf and hard-of-hearing individuals and
their families; and
4.
Services to aid deaf and hard-of-hearing individuals who are committed
to mental health facilities in making the transition from inpatient care to
independent existence outside of the facility.
In counties having a population of not less than two hundred fifty
thousand (250,000) according to the last preceding Federal Decennial Census,
the program shall include transitional living facilities as well as outpatient
transitional services provided through community mental health centers.
C. The professional
staff of the program shall:
1.
Have experience in techniques of assessing the mental health problems of
deaf and hard-of-hearing individuals and their families and in individual and
group psychotherapy with deaf and hard-of-hearing individuals and their
families;
2.
Have specialized training in the psychosocial aspects of deafness and in
therapeutic work with deaf and hard-of-hearing individuals in mental health
facilities; and
3.
Be fluent in receptive and expressive manual communication including,
but not limited to, American Sign Language, or reach a level of fluency in such
communication acceptable to the Director of the unit within one (1) year of
being employed.
§43A-3-503.
Repealed by Laws 2002, c. 488, § 50, eff.
§43A-3-702.
Prisoners in need of mental health treatment – Determination of
ability to consent - Transfer to facility – Discharge – Costs -
Expiration of sentence - Commitment.
When a person confined in a penal or correctional
institution or reformatory of this state is evaluated as provided by law by a
licensed mental health professional to be a person requiring treatment as
defined in Section 1-103 of this title, the district court may order the
inmate’s transfer to a facility, or unit within the Department of
Corrections and make a determination of whether the inmate is capable of
consenting to or refusing treatment that is ordered including, but not limited
to, the right to refuse medication, pursuant to the laws governing involuntary
commitment, where the inmate shall remain until the person in charge of the
correctional institution or unit, or the physician which received the inmate
determines that the inmate has improved to the point that the inmate may be
discharged pursuant to the laws of this title governing discharge. If the sentence expires during the time of a
prisoner's involuntary commitment at the correctional institution, and the
prisoner is still a person requiring treatment, the person in charge of the
correctional institution shall immediately instigate proceedings for commitment
to the custody of the Department of Mental Health and Substance Abuse Services
or to a private facility willing to accept the person for treatment under the
procedures provided in this title.
§43A-4-101.
Humane care and treatment ‑ Food ‑ Discipline
‑ Medical care.
All persons being treated at facilities within the
Department of Mental Health and Substance Abuse Services and facilities
certified by the Department shall be given humane care and treatment. The food shall always be sufficient and
wholesome. No physical or emotional
punishment shall be inflicted, and the rules and discipline shall be designed
to promote the well-being of the person being treated. The physical, medical, psychiatric and
psychological testing, diagnosis, care and treatment shall be in accordance
with the highest standards accepted in private and public medical and
psychiatric practice to the extent that facilities, equipment and personnel are
available.
§43A‑4‑102. Individualized
treatment plans ‑ Requirements.
There shall be developed during a person's stay in a mental
health facility, an individualized treatment plan which shall be 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 patient involvement and, if applicable, the patient's
accordance with the treatment plan; and
5.
A statement attesting that the person in charge 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 patient's home community.
§43A-4-103. Repealed by Laws 1989, c. 319, § 6, operative
§43A‑4‑103.1. Superintendent ‑
Custody, control and care of patient.
The superintendent of any institution within the Department
of Mental Health and Substance Abuse Services shall have custody and control of
a patient within the institution during the period of time the patient is
detained for observation or treatment or both, and shall be responsible for the
care and treatment of the patient during the time the patient remains in the
institution.
§43A‑4‑104. Surgical operations ‑
Notice ‑ Emergency.
Before proceeding with any major operation which in the
judgment of the superintendent of the institution is advisable or necessary,
the superintendent shall notify or cause to be notified the spouse, parent or
guardian or one of the next of kin residing in Oklahoma, if such information is
shown by the records on file with the superintendent and a copy of said notice
shall be filed in the patient's records; except that in cases of grave emergency
where the medical staff feels that surgical or other intervention is necessary
to prevent serious consequences or death, authority is hereby given to proceed
with such measure.
§43A-4-105.
Service of court citation, order or process - Return - Effect.
Any citation, order or process required by law to be served
on a patient of a facility within the Department of Mental Health and Substance
Abuse Services shall be served only by the executive director in charge thereof
or by someone designated by the executive director. Return thereof to the court from which the
same issued shall be made by the person making such service, and such service
and return shall have the same force and effect as if it had been made by the sheriff
of the county.
§43A-4-106.
Mechanical restraints - Record.
Mechanical restraints shall not be applied to a patient
unless it is determined by a physician to be required by the medical needs of
the patient. No mechanical restraint
shall be continued for longer than is absolutely necessary under the
circumstances. Every use of a mechanical
restraint, the reasons and length of time therefor,
shall be made a part of the clinical record of the patient under the signature
of the physician.
§43A‑4‑107. Correspondence by patients ‑
Visits ‑ Telephone privileges – Sealed Communications.
Patients at institutions shall have the privilege of freely
writing to and corresponding by uncensored and sealed letter mail, which is
either sent out or received, with their relatives, friends, physicians and
legal advisers. They may also receive
visits from the said persons at reasonable times, and have reasonable telephone
privileges, except when it is deemed inadvisable for the patient's welfare by
the superintendent or person in charge of the institution. In such instances, the superintendent shall
place on file in the patient's clinical case record, subject to departmental or
other official inspection, a written statement of the reason for not permitting
the correspondence, writing, visits or telephone calls. Any restrictions imposed on the patient by
the superintendent or person in charge of the institution may be appealed to
the local district court.
Notwithstanding any limitations authorized under this section on the
right of communication, every patient shall be entitled to communicate at all
times by uncensored sealed letter mail, which is either sent out or received,
with the director, the court, if any, which ordered his commitment, his
personal attorney and physician and with other official agencies and courts,
whether state, federal or local.
§43A-4-108.
Labor by patients - Work therapy - Compensation.
A. A person receiving
treatment for mental illness or alcohol- or drug-dependency may perform labor
which contributes to the operation and maintenance of the facility for which
the facility would otherwise employ someone only if:
1.
The patient voluntarily agrees to perform the labor;
2.
Engaging in the labor would not be inconsistent with the treatment plan
for the patient;
3.
The amount of time or effort necessary to perform the labor would not be
excessive;
4.
The patient is compensated appropriately and in accordance with
applicable federal and state minimum wage laws; and
5.
Discharge and privileges are not conditioned upon the performance of
such labor.
B. The provisions of
this section shall not apply to bona fide "work therapy" which is a
part of the treatment program.
Work therapy shall be:
1.
In the best interests of the person;
2.
Therapeutic in nature and purpose;
3.
Part of the treatment plan of the person;
4.
Documented in the treatment record with a rationale for the work
therapy;
5.
Voluntarily entered into by the person;
6.
Compensated by the facility at a rate derived from the value of the work
performed; and
7.
Compensated in accordance with federal and state minimum wage law if the
primary benefit is to the facility.
C. Subsections A and
B of this section shall not apply to matters of personal housekeeping, personal
maintenance, or communal living, nor tasks oriented to improving life
skills. These activities shall not
primarily benefit the facility.
D. Payment pursuant
to this section shall not be applied by the facility to offset the costs of
maintenance of persons receiving treatment in the facility, unless the person
authorizes such payment or offset in writing.
§43A‑4‑109. Transfer of patients to and from
The Commissioner of Mental Health and Substance Abuse Services
may admit to an institution within the Department of Mental Health and
Substance Abuse Services persons who are patients at the Oklahoma Memorial
Hospital Neuro‑psychiatric Unit. Patients at an institution within the
Department of Mental Health and Substance Abuse Services may be transferred by
the Commissioner to the Oklahoma Memorial Hospital Neuro‑psychiatric
Unit. Transfers to and from the Neuro‑psychiatric Unit shall be made by agreement
between the Commissioner and the Board of Control of the Neuro‑psychiatric
Unit.
§43A‑4‑201. Liability of patient and
estate for expense.
A patient at an institution within the Department is liable
for his care and treatment. This claim
of the state for such care and treatment shall constitute a valid indebtedness
against any such patient and his estate and shall not be barred by any statute
of limitations. At the death of the
patient this claim shall be allowed and paid as other lawful claims against the
estate. Provided, further that no
admission or detention of a patient in a state hospital shall be limited or
conditioned in any manner by the financial status or ability to pay of a
patient, his estate, or any relative.
§43A‑4‑202. Amount payable for care and
treatment ‑ Inability to pay.
The amount payable for care and treatment shall be
determined by the Commissioner subject to the approval of the Board. At no time shall a person be refused care and
treatment because of inability to pay.
§43A-4-203.
Reduction or waiver of liability - Report as to
ability - Information from Tax Commission.
A. The Board may
promulgate rules authorizing the executive director or designee of a facility
within the Department at which a patient is being treated to charge on a
sliding scale or waive the liability of the patient and estate of the patient
for the care and treatment of the patient, if it is determined that the patient
is unable to pay the full amount for such care and treatment, or that the
patient is an indigent person as defined in this title.
B. Before any charge
for care and treatment is placed on a sliding scale or waived there must be a
written application and documentation demonstrating the patient’s income
and the number of dependents of the patient, and a statement of any charges to
be placed on the sliding scale or waiver of a patient's indebtedness for care
and treatment, and the reasons for the placement on the sliding scale or
waiver. The statement must be signed by
the executive director or designee granting such placement on the sliding scale
or waiver. The statement must also be
filed with the patient's records at the facility.
C. For the purpose of
determining the financial status or ability to pay of a patient, the estate of
the patient, or persons liable for the patient's care and treatment, the
Oklahoma Tax Commission is directed to furnish to the Commissioner, or
designee, upon request, such information as may be of record in the Commission
relative to patients, and their estates.
§43A-4-204.
Time of payment - Statement of sum due.
The cost of a patient's care and treatment shall be paid
monthly unless the Commissioner of the Department of Mental Health and
Substance Abuse Services and any person agreeing to make the payments may
arrange for quarterly or semiannual payments.
The executive director of a facility within the Department of Mental
Health and Substance Abuse Services in which a patient is held shall issue a
statement of the sum that is due to all persons who are liable for the
patient's care and treatment, but failure to send or receive this statement
shall not affect the liability of a person who is otherwise liable for the
patient's care and treatment.
§43A-4-205.
Payment by guardian - Collection by legal proceeding.
If a guardian has been appointed for the estate of a patient
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. If no
guardian has been appointed, the claim of the state against a patient for his
care and treatment may be collected by suit or other proceedings against the
patient brought in the name of the state by the district attorney of the county
from which said patient was sent or any county in which the patient may have property. The claim of the state against a husband,
wife, the parents and the children of any patient for his care and treatment
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.
§43A-4-206.
Proof of indebtedness - Disposition of money collected.
In all suits or proceedings instituted in accordance with
Sections 4-205 and 2-207 of this title, the executive director of the facility
shall furnish proof of the indebtedness of a patient and the amount due the
state for the care and treatment of the patient. All monies so collected shall be paid to the
executive director of the facility and deposited with the State Treasurer who
shall place the same to the credit of the Department of Mental Health and
Substance Abuse Services revolving fund.
§43A-5.
Repealed by Laws 1986, c. 103, § 102, eff.
§43A-5-101.
Procedures for admission to state facility,
psychiatric hospital or private institution.
A. Any person who has
a mental illness or is alcohol- or drug-dependent to a degree which warrants
inpatient treatment or care, and who is not in confinement in a jail or adult
lockup facility on a criminal charge and who has no criminal charges pending
against him or her, may be admitted to and confined in a facility within the
Department of Mental Health and Substance Abuse Services, a state psychiatric
hospital, or a licensed private institution by compliance with any one of the
following procedures:
1.
Emergency admission;
2.
On voluntary application; or
3.
On involuntary court commitment.
B. Any person who has
a mental illness or is alcohol- or drug-dependent to a degree which warrants inpatient
treatment or care and who has criminal charges pending against him or her but
is not confined in a jail or adult lockup facility may be admitted to a
facility within the Department or a licensed private institution pursuant to
the provisions of subsection A of this section; provided, the facility or
hospital shall be authorized to take such reasonable steps as necessary to
assure the protection of the public, the residents of the facility or hospital
and the person, including but not limited to segregation and private
facilities. Provided
further, treatment received pursuant to this subsection shall not constitute a
defense in any criminal proceeding except as otherwise provided by Title 22 of
the Oklahoma Statutes.
C.
1.
Any person confined pursuant to a criminal charge shall only be admitted
to and confined pursuant to a court order issued in compliance with the
provisions of Section 1175.6 of Title 22 of the Oklahoma Statutes.
2.
No person shall be deprived of his or her liberty on the grounds that
such person is, or is supposed to have, a mental illness or is in need of
mental health treatment, except in accordance with the provisions of the Mental
Health Law.
§43A‑5‑102. Official forms required ‑ Order as
sufficient authority and protection.
No person shall be accepted into any institution without the
use of the official forms properly executed.
The order to hospitalize or the order of admission when properly
executed shall be full and sufficient authority and protection to the superintendent
or the person acting as such in his absence for receiving and detaining in the
hospital the person named therein.
§43A‑5‑103. Unlawful or malicious
confinement in institution.
Any person who shall knowingly contrive or conspire to have
ordered or admitted any person to an institution for the mentally ill or a
facility for the treatment of alcohol‑dependent or drug‑dependent
persons, unlawfully or maliciously shall be guilty of a misdemeanor, and upon
conviction, shall be fined not to exceed One Thousand Dollars ($1,000.00) or
confined in jail not to exceed one (1) year, or both such fine and
imprisonment.
§43A‑5‑104. Physicians ‑ False
certificate, etc.
Any physician who falsely certifies to the mental illness,
alcohol dependency, or drug dependency of any person, or whose false
certificates as to mental illness, alcohol dependency, or drug dependency of
any person is proved to be the result of negligence or deficient professional
skill, or who signs such a certificate for pecuniary reward, or promise
thereof, or other consideration of value or operating to his advantage, other
than the professional fee usually paid for such service, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not
to exceed One Thousand Dollars ($1,000.00), or to imprisonment in the county
jail not to exceed one (1) year, or both such fine and imprisonment.
§43A‑5‑201. Rights of detained persons
upon entry into facility.
All facilities wherein persons are detained for any purpose
under the provisions of this act shall allow such detained person the right to
contact a relative, close friend or attorney immediately upon entry into such
place of detention.
§43A‑5‑202. Confinement of persons alleged or adjudged mentally
ill, alcohol‑dependent or drug‑dependent.
When any person alleged in any court to be mentally ill,
alcohol‑dependent, or drug‑dependent, or shall have been adjudged
to be mentally ill, alcohol‑dependent, or drug‑dependent and shall
be in the legal custody of the county sheriff as prescribed by law, if such
person has not been charged with commission of a crime, the said county sheriff
is hereby authorized to confine such person in a place other than the county
jail to be selected by said county sheriff and to transport such person to the
place selected; provided that such confinement shall be in a place and manner
so as to prevent such confined person from in any way endangering himself or
any other person. The county is hereby
directed to expend such funds as may be necessary to provide for such
confinement outside the county jail.
Specific authority is hereby granted the county sheriff and the county
commissioners to enter into a contract with a nursing home or facility as a
place of detention. Other departments
and agencies of the state may not interfere with nor deter, in any manner, this
right to contract.
§43A‑5‑203. Conveying females to institution ‑
Female assistants ‑ County expense ‑ Transfer to another
institution.
Upon receiving an order from a district court to convey a
mentally ill, alcohol‑dependent, or drug‑dependent female to an
institution, the sheriff of such county shall procure a suitable female to assist in conveying the female to
the institution if the sheriff or deputy who will be conveying the female is
male. If a female attendant is not
available, a male sheriff or male deputy may convey the mentally ill,
alcohol-dependent or drug-dependent female without a female attendant if the
sheriff or deputy conveying the female notifies the dispatcher of the specific
mileage from the collection point to the destination point, the time of
departure and the estimated time of arrival.
The sheriff may procure such assistance, and certify the same to the
county clerk as a part of the expense of so doing, and no bill for the expense
of such conveyance shall be allowed by the commissioners of any county unless
it is accompanied by a certificate of the superintendent of said institution,
showing that such person has been duly conveyed to the institution by, or
accompanied by a female attendant or as otherwise authorized by this
section. Whenever a female patient is
transferred from one institution to another within the Department or from an
institution within the Department to another institution of like nature
elsewhere, she must be accompanied by a female employee of the Department or a
suitable relative of said female patient.
§43A-5-204.
Treatment and medication during prescreening detention - Liability -
Seclusion or restraint - Attendance at court hearing while under influence of
psychotropic medication - Inmates committed to Special Care Unit at State
Penitentiary.
A. During the
detention periods authorized by the Mental Health and Substance Abuse Services
Law, Section 1-101 et seq. of this title, or during the time set forth in the
Mental Health and Substance Abuse Services Law for the precommitment
screening examination, or while in the custody of the Department of Corrections
appropriate treatment and medication, including psychotropic medication, may be
administered to a consenting individual.
B. Treatment and
medication may be administered to a nonconsenting
individual upon the written order of a physician who has personally examined
the patient and who finds such medication or treatment is necessary to protect
the patient, the facility or others from serious bodily harm, and who so notes
in the individual's medication record, with an explanation of the facts leading
up to the decision to administer treatment and medication including
psychotropic medication.
C. Any physician who
orders medication in good faith and any employee of the facility who
administers medication in good faith pursuant to the written order of a
physician, under the provision of this section, shall be immune from civil
suits for damages that occur from such administration of medication.
D. Seclusion or
restraint may be administered to a nonconsenting
individual upon the written order of a physician who has personally examined
the patient and who finds that seclusion or restraint is necessary to protect
the patient, the facility, or other persons.
The physician shall note in the chart of the patient an explanation of
the decision to administer seclusion or restraint, including administration of
psychotropic medication. This shall not
prohibit emergency seclusion or restraint pending notification of a physician.
E. If the individual
is under the influence of psychotropic medication during any court hearing held
pursuant to Section 5‑401 of this title, the court, and the jury, if any,
shall be advised by the district attorney at the beginning of such hearing that
such individual is under the influence of psychotropic medication, the purpose
of the medication, and the effect which such medication may have on the
individual's actions, demeanor and participation at the hearing.
F. If an inmate in
the custody of the Department of Corrections has been properly assigned and
committed to the Special Care Unit at the State Penitentiary the provisions of
this section shall apply.
§43A-5-205.
Repealed by Laws 1988, c. 260, § 18, eff.
§43A-5-206.
Definitions.
As used in Sections 5-206 through 5-209 of this title:
1.
"Evaluation" means the examination of a person who appears to
have a mental illness or be alcohol- or drug-dependent by two licensed mental
health professionals, at least one of whom is a psychiatrist who is a diplomate of the American Board of Psychiatry and
Neurology, a licensed clinical psychologist, or a licensed Doctor of Medicine
or Doctor of Osteopathy who has received specific training for and is
experienced in performing mental health therapeutic, diagnostic, or counseling
functions, for the purpose of:
a. determining if a petition requesting
involuntary commitment or treatment is warranted, or
b. completing a certificate of
evaluation pursuant to Section 5-414 of this title, or
c. both subparagraphs a and b of
this paragraph;
2. "Emergency
examination" means the examination of a person who appears to be a
mentally ill person, an alcohol-dependent person, or drug-dependent person and
a person requiring treatment, and whose condition is such that it appears that
emergency detention may be warranted, by a licensed mental health professional
to determine if emergency detention of the person is warranted;
3. "Emergency
detention" means the detention of a person who appears to be a person
requiring treatment in a facility approved by the Commissioner of Mental Health
and Substance Abuse Services as appropriate for such detention after the
completion of an emergency examination and a determination that emergency
detention is warranted for a period not to exceed seventy-two (72) hours,
excluding weekends and holidays, except upon a court order authorizing
detention beyond a seventy-two-hour period or pending the hearing on a petition
requesting involuntary commitment or treatment as provided by this act;
4. "Protective
custody" means the taking into protective custody and detention of a
person pursuant to the provisions of Section 5-208 of this title until such
time as an emergency examination is completed and a determination is made as to
whether or not emergency detention is warranted; and
5. "Prehearing detention" means the court-ordered
detention of a person who is alleged to be mentally ill, alcohol-dependent, or
drug-dependent in a facility approved by the Commissioner as appropriate for
such detention, pending a hearing on a petition requesting involuntary
commitment or treatment as provided by Section 5-415 or 9-102 of this title.
§43A-5-207.
Emergency detention of persons appearing to be
mentally ill, alcohol-dependent or drug-dependent - Affidavits - Emergency
examination - Request by persons other than peace officer.
A. Any person who
appears to be or states that such person is mentally ill, alcohol-dependent, or
drug-dependent to a degree that immediate emergency action is necessary may be
taken into protective custody and detained as provided pursuant to the
provisions of this section. Nothing in
this section shall be construed as being in lieu of prosecution under state or
local statutes or ordinances relating to public intoxication offenses.
B. Any peace officer
who reasonably believes that a person is a person requiring treatment as
defined in Section 1-103 of this title shall take the person into protective
custody. The officer shall make every
reasonable effort to take the person into custody in the least conspicuous
manner.
C. The officer shall
prepare a written affidavit indicating the basis for the officer's belief that
the person is a person requiring 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 person or the person's attorney 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
officer's personal observation, the officer shall not be required to prepare a
written affidavit. However, the person
stating to be mentally ill, alcohol-dependent, or drug-dependent or the person
upon whose statement the officer relies shall sign a written statement
indicating the basis for such person's belief that the person is a person requiring
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. The officer shall
immediately transport the person to the nearest facility designated by the
Commissioner of Mental Health and Substance Abuse Services as an appropriate
facility for emergency examinations. If,
subsequent to an emergency examination, it is determined that emergency
detention is warranted, the officer shall transport the person to the nearest
facility designated by the Commissioner as appropriate for such detention.
E. The parent,
brother or sister who is eighteen (18) years of age or older, child who is
eighteen (18) years of age or older, or guardian of the person, or a person who
appears to be or states that such person is mentally ill, alcohol-dependent, or
drug-dependent to a degree that emergency action is necessary may request the
administrator of a facility designated by the Commissioner as an appropriate
facility for an emergency examination to conduct an emergency examination to
determine whether the condition of the person is such that emergency detention
is warranted and, if emergency detention is warranted, to detain said person as
provided by this act.
§43A-5-208.
Emergency examination of individuals in protective
custody - Emergency detention.
A.
1.
An individual in protective custody as provided by Section 5-207 of this
title shall be subject to an emergency examination at the appropriate facility
by a licensed mental health professional within twelve (12) hours of being
placed in protective custody for the purpose of determining whether emergency
detention of the individual is warranted.
2.
If, upon examination, the licensed mental health professional determines
that the individual is not a person requiring treatment or that the condition
of the individual is such that emergency detention is not warranted, the
individual shall be returned by an officer immediately to the point where the
individual was taken into protective custody and released or the individual may
be taken to the home or residence of that individual or to an alternative
facility. If the home or residence of
the individual is a nursing home or group home, such home shall not refuse the
return of the individual to his or her residence.
3.
If, upon examination, the licensed mental health professional determines
that the individual is a person requiring treatment to a degree that emergency
detention is warranted, the licensed mental health professional shall
immediately prepare a statement describing the findings of the examination and
stating the basis for the determination, and the person shall be detained in
emergency detention for a period not to exceed seventy-two (72) hours,
excluding weekends and holidays, except upon a court order authorizing
detention pending a hearing on a petition requesting involuntary commitment or
treatment.
4.
During the emergency detention period:
a. a full examination and evaluation
of the person shall be conducted by two licensed mental health professionals
and, if the person appears to have a mental illness or be alcohol- or
drug-dependent and be a person requiring treatment, the completion of a
certificate of evaluation as provided by Section 5-414 of this title, and
b. reasonable efforts shall be made
to determine whether the individual has a current and unrevoked
advance directive executed pursuant to the Advance Directives for Mental Health
Treatment Act.
B. If a licensed
mental health professional, designated to have such responsibility by the
executive director or person in charge of a hospital, or the executive director
or person in charge of a facility designated by the Commissioner of Mental
Health and Substance Abuse Services as appropriate for emergency detention
believes a voluntary patient to be a person requiring treatment to a degree
that emergency action is necessary, the hospital or facility may detain such
patient in emergency detention for a period not to exceed seventy-two (72)
hours, excluding weekends and holidays, only on the following conditions:
1.
The individual has refused to consent or has withdrawn consent to
voluntary treatment;
2.
The individual has been examined by a licensed mental health
professional who has determined that the individual is a person requiring
treatment, the condition of the individual is such that emergency detention is
warranted, and a statement has been prepared as provided in subsection A of
this section; and
3.
The executive director or person in charge or the designee shall provide
for a full examination and evaluation of the patient by two licensed mental
health professionals and, if the person appears to be a person requiring
treatment, the completion of a certificate of evaluation.
C. Whenever it
appears that an individual detained as provided by this section is no longer a
person requiring treatment and will not require treatment beyond the period of
detention, the individual shall be discharged and returned by an officer to the
point where the individual was taken into protective custody, or if the
individual had not been in protective custody, the individual may be taken to
the home or residence of that individual or to an alternative facility. If the home or residence of the individual is
a nursing home or group home, it shall not refuse the return of the individual
to his or her residence.
D. Whenever it
appears that a person detained as provided by this section will require
treatment beyond the period of emergency detention and the person has refused
to consent to voluntary treatment, a licensed mental health professional
conducting an evaluation of the person or the executive director of the facility
in which the person is being detained, or the designee of the executive
director, shall immediately file a petition or request the district attorney to
file a petition with the district court as provided by Section 5-410 of this
title or Section 9-102 of this title, and may request a court order directing prehearing detention when such detention is necessary for
the protection of the person or others.
§43A-5-209.
Additional period of detention - Petition - Order - Notification
of interested parties of detention.
A. A person may be
detained in emergency detention more than seventy-two (72) hours, excluding
weekends and holidays, only if the facility in which the person being detained
is presented with a copy of an order of the district court authorizing further
detention. Such order may be entered by
the court only after a petition has been filed seeking involuntary commitment
or treatment pursuant to the provisions of Section 5-410 or 9-102 of this
title.
B. If a copy of an
order for further detention is not delivered to the facility by the end of the
period of emergency detention, the person alleged to be a mentally ill person,
an alcohol-dependent person, or a drug-dependent person and a person requiring
treatment shall be discharged from the facility in which detained unless said
person has applied for voluntary treatment.
C. The person being
held in protective custody or emergency detention shall be asked to designate
any person whom such person wishes informed regarding the detention. If the person being held in protective
custody is incapable of making such designation, the peace officer holding the
person in protective custody shall notify within twenty-four (24) hours of
taking the person into protective custody, other than the person initiating the
request for protective custody, the attorney, parent, spouse, guardian,
brother, sister, or child who is at least eighteen (18) years of age of the
person. Failure of the sheriff to find
such person shall within a reasonable time be reported to the administrator of
the facility. Such fact shall be made a
part of the records of the facility for the person being detained.
§43A-5-210.
Repealed by Laws 1997, c. 387, § 11, eff.
§43A-5-211.
Repealed by Laws 1997, c. 387, § 11, eff.
§43A-5-212.
Repealed by Laws 1997, c. 387, § 11, eff.
§43A‑5‑301. Citation.
Sections 5‑301 through 5‑311 of the Mental
Health Law shall be known and may be cited as the "Mental Hospital Voluntary
Admission Procedures Act".
§43A‑5‑301.1. Person defined.
As used in the Mental Hospital Voluntary Admission
Procedures Act, "person" shall include a person found by the court to
be a partially incapacitated person, over whom a limited guardian has been
appointed, where the court has specifically found in its dispositional order,
that the person possesses the capacity to voluntarily admit himself to a state
hospital.
§43A‑5‑302. Informal patients ‑
Admittance.
Any person may be admitted to a state mental hospital or
state‑operated community mental health center on a voluntary basis as an
informal patient when there are available accommodations and in the judgment of
the person in charge of the facility or his designee such person may require
treatment therein. Such person may be
admitted as an informal patient without making formal or written application therefor and any such informal patient shall be free to
leave such facility on any day between the hours of
No person shall be admitted as an informal patient pursuant
to the provisions of this section to any state mental hospital or state‑operated
community mental health center unless the person in charge of the facility or
his designee has informed such person in writing of the following:
1.
The rules and procedures of the facility relating to the discharge of
informal patients;
2.
The legal rights of an informal patient receiving treatment from the
facility; and
3.
The types of treatment which are available to the informal patient at
the facility.
§43A‑5‑303. Refusal to admit informal
patient ‑ Liability.
Neither the state nor any of its agents is under a legal
duty to admit a person as an informal patient, and refusal to admit a person as
an informal patient, if made in good faith, shall not give rise to a cause of
action by anyone damaged as a result of such refusal.
§43A-5-304.
Voluntary admission to state facilities - Cost of care and treatment -
Bond.
The Board of Mental Health and Substance Abuse Services
shall make rules and regulations for reception and retention of voluntary
patients by state facilities. The
executive director in charge of any state facility or licensed private hospital
for care and treatment of the mentally ill may at his discretion receive and
retain therein as a patient any person eighteen (18) years of age or over,
suitable for care and treatment, who voluntarily makes written application therefor, or any person, suitable for care and treatment at
least sixteen (16) years but not over eighteen (18) years of age, with the
consent of such person's parent or guardian.
A person thus received at any facility shall not be detained for a period
exceeding seventy-two (72) hours, excluding weekends and holidays, from and
inclusive of the date of notice in writing of his intention or desire to leave
such hospital or institution. The form
for voluntary application shall be printed or written on eight and
one-half-inch by eleven-inch paper and shall be substantially as follows:
Mental Health Law Form 19.
VOLUNTARY APPLICATION FOR ADMISSION TO THE EXECUTIVE
DIRECTOR OF THE FACILITY ______AT______
Application is hereby made for my admission to the above
named facility within the Department of Mental Health and Substance Abuse
Services as a voluntary patient under the provisions of the Oklahoma Mental
Health Law.
Dated this ____ day of ____, 20__.
________Applicant
________Address
Subscribed and sworn to before me this ____ day of ____,
20__.
______________
Notary Public
The applicant, or someone for him, must give a bond for the
cost of care and treatment or pay such cost each month in advance, unless it is
determined that the applicant is a poor or indigent person as provided in this
title.
§43A-5-305.
Application for voluntary admission.
Any person desiring and needing psychiatric treatment in a
state facility for the mentally ill as a voluntary patient may present a
written application to the judge of the district court of the county in which
the person resides, or of the county in which a state hospital for the mentally
ill is located, which application may be in substantially the following form:
IN THE DISTRICT COURT OF
on the Mental Health Patient Docket
APPLICATION FOR VOLUNTARY ADMISSION TO MENTAL FACILITY
I declare that my name is ____, that I am ____ years of age,
and that I reside in
______________________________________________________________
I have obtained medical advice concerning my condition, and
I desire to be admitted to the
I declare that the names and addresses of my close relatives
are as follows:
Father: _______________________
Mother: _______________________
Spouse: _______________________
Adult Children: _______________
Other: ________________________
Dated this ____ day of _____, 20__.
___________________
(Signature)
§43A-5-306.
Certificate of physician.
The application described in Section 5-305 of this title
shall be accompanied by a certificate in duplicate signed by a licensed doctor
of medicine or osteopathic physician who is duly licensed to practice his
profession by the Oklahoma State Board of Medical Licensure and Supervision or
the Oklahoma Board of Osteopathic Examiners and who is not related by blood or
marriage to the person being examined or has any interest in his estate. This certificate may be substantially in the
following form:
CERTIFICATE OF PHYSICIAN
I do hereby certify that on the ____ day of ____, 20__, I
examined ____ and I am of the opinion that the person has a mental illness, and
for his/her own welfare ought to be admitted to ____ at ____, Oklahoma, as a
patient therein.
I further certify that I have explained to said person that
if he/she is admitted to a facility for the mentally ill as a voluntary
patient, the medical staff may find it necessary or desirable to give a course
of treatment requiring an extended period of time, and that it is not the
legislative policy of the state to authorize the expenditure of public funds
for the commencement of an expensive treatment unless the patient desires to
continue that treatment for the length of time that the attending physicians
believe is likely to give adequate benefit to the patient; and I have also
explained that it may become necessary to give treatment which may temporarily
weaken the patient's system so that it would be injurious to his/her health to
release him/her immediately upon his/her request; and that therefore the
executive director or designee of the facility has authority under the law to
detain the patient in the hospital for as long as seventy-two (72) hours after
said patient gives written notice to the superintendent of his/her desire to
leave the hospital pursuant to Section 5-208 of Title 43A of the Oklahoma
Statutes.
I further certify that in my opinion said person has
sufficient mental capacity to and does understand and comprehend the matters
set out in the preceding paragraph.
I do further certify that I am a licensed doctor of medicine
duly licensed as such by the Oklahoma State Board of Medical Licensure and
Supervision (or that I am an osteopathic physician duly licensed as such by the
Oklahoma Board of Osteopathic Examiners) and that I am not related by blood or
marriage to the person being examined and that I have no interest in his/her
estate.
________________________________
(Signature of doctor of medicine
or osteopathic
physician)
§43A‑5‑307. Questioning of applicant by judge of the
district court ‑ Order.
When the applicant appears in person before the judge of the
district court and presents the application and the certificate of the
examining doctor of medicine or osteopathic physician, the judge of the
district court shall fully question the applicant, and if the judge of the
district court is satisfied that the applicant fully understands the nature of
the application and the consequences which the law will impose in the event
applicant is admitted to the hospital as a patient therein and that the
application is voluntarily made, the judge of the district court shall
forthwith make an order authorizing the superintendent of the appropriate State
Hospital for the mentally ill to admit applicant as a patient therein.
§43A‑5‑308. Order authorizing
admission.
The order of the judge of the district court authorizing the
admission of an applicant as a voluntary patient pursuant to the provisions of
the Mental Hospital Voluntary Admission Procedures Act may be in substantially
the following form:
IN THE COUNTY COURT OF
In the Matter of the
Mental Health of
No._______
________________ on the Mental Health
Patient Docket
ORDER AUTHORIZING ADMISSION TO MENTAL HOSPITAL
OF VOLUNTARY PATIENT
Now on this ____ day of ____, 19__, the above named _____
having appeared before me as county judge of said county and state, with
his/her application to be admitted as a voluntary patient to the ____ Hospital,
a state hospital for the mentally ill located at ____, together with a
certificate signed by ____, a doctor of medicine or osteopathic physician, with
offices at ____, Oklahoma, such certificate being in the form provided by the
Mental Hospital Voluntary Admission Procedures Act.
And it appearing to me that said individual fully
understands the nature of the application and the consequences which the law
will impose in the event the applicant is admitted to a mental hospital as a
patient therein, and that the application is voluntarily made.
It is therefore ORDERED that said ____ should be and he/she
is hereby ORDERED to be admitted to the
The Sheriff of ____ County, Oklahoma, is authorized and
directed, on the request of the patient herein named, to cause said patient to
be transmitted to ____ State Hospital at ____, Oklahoma, and to deliver to the
superintendent of said hospital one certified copy of this order and to make
return as provided by law.
___________________________
Judge of the District Court
§43A‑5‑309. Detention against will prohibited ‑
Notice of desire to be discharged.
No patient admitted to a state mental hospital under the
provisions of the Mental Hospital Voluntary Admission Procedures Act shall be
detained in a mental hospital against the will of the person more than
seventy-two (72) hours, excluding weekends and holidays, after the patient
gives notice in writing to the executive director of the facility of the desire
of the patient to be discharged from the facility. The executive director of the facility may
designate one or more employees of the facility to receive a notification
provided by this section with the same effect as if delivered to the executive
director personally.
§43A‑5‑310. Mental health law provisions
applicable.
Unless otherwise provided by law, the provisions of the
Mental Health Law shall be applicable to patients admitted to state mental
hospitals under the provisions of the Mental Hospital Voluntary Admission
Procedures Act.
§43A‑5‑311. Procedure as cumulative.
The admission procedure prescribed by the Mental Hospital
Voluntary Admission Procedures Act shall be cumulative to the procedures
prescribed by other provisions of law.
Nothing herein shall affect the admission procedures prescribed by other
provisions of law.
§43A-5-401.
Repealed by Laws 1997, c. 387, § 11, eff.
NOTE:
Subsequent to repeal, § 5-401 was amended by Laws 1997, c. 195, § 3 to
read as follows:
A. The father, mother,
husband, wife, brother, sister, guardian or child, over the age of eighteen
(18) years, of a person alleged to be a person requiring treatment, or the
parent, father, mother, guardian or person having custody of a minor child, a
physician or person in charge of any facility or correctional institution, or
any peace officer within the county in which the person alleged to be a person
requiring treatment resides or may be found or the district attorney in whose
district the person requiring treatment resides or may be found, may petition
the district court, upon which is hereby conferred jurisdiction, to determine
whether the person is a person requiring treatment and to order the least
restrictive appropriate treatment for that person. The petition shall contain a statement of the
facts upon which the allegation is based and, if known, the names and addresses
of any witnesses to the alleged facts.
The petition shall be verified and made under penalty of perjury.
B. Upon the filing of
a petition, the district court shall determine, based upon clear and convincing
evidence, whether there is probable cause to detain the person requiring
treatment prior to a hearing on the petition.
If the court finds that probable cause does exist, an order may be entered
authorizing any peace officer to take that person into custody and to detain
such person in a suitable facility prior to the hearing on the petition;
provided that such period of temporary detention shall not exceed seventy‑two
(72) hours, excluding days when the district court is not in session. Such detention shall be extended to coincide
with any order of continuance entered by the court at the first hearing. A certified copy of the order of continuance
shall constitute authority for the facility to continue to detain the subject
individual during the period of continuance.
C. Upon receiving the
petition, the court shall fix a day for the hearing thereof and shall forthwith
appoint an attorney and an examining commission. A copy of the petition and notice as
hereinafter described shall be served personally at least one (1) day before
the examining commission is scheduled to hold its proceedings, and as many
additional days as are requested by the person alleged to be a person requiring
treatment or the person's attorney as are reasonable without prejudice to the
person. Any request for additional days
shall be subject to the discretion of the court, considering the facts and
circumstances of each particular case, including cost. The notice shall contain the following
information:
1.
The definition provided by the Mental Health Law of a mentally ill
person and a person requiring treatment;
2.
A statement that the court has appointed an examining commission
composed of two qualified examiners to examine the mental condition of the
person allegedly requiring treatment and execute a certificate of their
findings;
3.
The time and place of any examination to be conducted by the examining
commission, and the hearing on the petition;
4.
A statement that, upon request, the hearing on the petition may be
conducted as a jury trial and the jury shall be composed of six persons having
the qualifications required of jurors in courts of record;
5.
A statement that the petitioner and witnesses identified in the petition
may offer testimony under oath at the hearing on the petition;
6.
A statement that the court has appointed an attorney for the person
alleged to be a person requiring treatment who shall represent the person until final disposition of the
case;
7.
A statement that if the person alleged to be a person requiring
treatment is indigent, the court shall pay the attorney fees;
8.
A statement that if the person is found at the hearing or at a jury
trial to be mentally ill and a person requiring treatment under this act, that
the court will take evidence and make findings of fact concerning the person's
competency to consent or to refuse the treatment that is ordered, including,
but not limited to, the patient's right to refuse psychotropic medications; and
9.
A statement that the person alleged to be a person requiring treatment
shall be afforded such other rights as are guaranteed by state and federal law
and that such rights include a trial by jury, if demanded. The notice shall be served upon the person
alleged to be a person requiring treatment, the person's father, mother,
husband, wife or guardian or, in their absence, someone of the next of kin, of
legal age, if any such persons are known to be residing within the county, and
upon such person's relatives residing outside of the county, as may be ordered
by the court, and also upon the person with whom the person alleged to be a
person requiring treatment may reside, or at whose house the person may be. The person making such service shall make
affidavit of the same and file such notice, with proof of service, with the
district court. This notice may be
served in any part of the state when so ordered by the court.
D.
1.
The attorney appointed by the court shall be a licensed and actively
practicing attorney who shall represent the person alleged to be a person
requiring treatment until final disposition of the case. The court may appoint a public defender where
available. The attorney shall meet and
consult with the person within one (1) day of notification of his
appointment. The attorney shall
immediately, upon meeting with the person alleged to be a person requiring
treatment, present to such person a statement of the person's rights, including
all rights afforded to the person by the
2.
The court‑appointed attorney shall be replaced by another attorney
if:
a. the person alleged to be a person
requiring treatment prefers the services of an attorney other than the one
initially appointed for him,
b. the preferred attorney agrees to
accept the responsibility, and
c. the person alleged to be a person
requiring treatment or the attorney whom the person prefers notifies the court
of the preference and the attorney's acceptance of employment.
The preferred attorney shall meet
and consult with the person alleged to be a person requiring treatment within
one (1) day of the employment of the attorney.
Any request for additional days shall be subject to the discretion of
the court, considering the facts and circumstances of each particular case,
including cost.
E. The attorney fees
for all services shall be paid by the person alleged to be a person requiring
treatment. However, if the person
alleged to be a person requiring treatment, or a person empowered pursuant to
law to act on behalf of such person, submits an affidavit that such person is
indigent, and unable to pay attorney fees, the attorney fees shall be paid from
the court fund, after a determination by the court that such person is
indigent. The amount of such fee shall
be set by the court.
F. The district court
shall in each case appoint an examining commission composed of two qualified
examiners, one of whom may be a licensed clinical psychologist. The qualified examiners shall make a careful
personal examination and inquiry into the mental condition of
the person alleged to be a person requiring treatment and execute a
certificate of their findings. The
examining commission appointed by the court shall have the right to conduct an
examination of the mental condition of the person alleged to be a person
requiring treatment, either prior to or at the time of the hearing on the
petition. Any examination that is
conducted prior to the hearing shall be on proper notice to the person and the
appointed or selected attorney for the person.
G. The examining
commission forms shall be printed or written on eight and one‑half inch
by eleven inch (8 1/2" x 11") sheets of paper and shall be
substantially as follows:
EXAMINER'S CERTIFICATE
We, the undersigned, together and in the presence of each
other, have made a personal examination of _____, a person alleged to be a
person requiring treatment, and do hereby certify that we did on the _________
day of _________________, 19__, make a careful personal examination of the
actual condition of the said person and have interrogated ________________, the
person seeking the commitment of ______________, and _________________, the
witness(es) identified in the petition, and on such
examination we find that she/he is/not a person requiring treatment. The facts and circumstances on which we base
our opinions are stated in the following report of symptoms and history of
case, which is hereby made a part hereof.
We are duly licensed to practice in the State of
Witness our hands this __________ day of ___________, 19__.
___________________, M.D., D.O., Ph.D.,
Other
___________________, M.D., D.O., Ph.D., Other
Subscribed and sworn to before me this
_______________________
day of ________________, 19__.
__________________________________________
Notary Public
REPORT OF SYMPTOMS AND HISTORY OF
CASE BY EXAMINERS
l. GENERAL
Complete name
_________________________________________________
Place of residence
____________________________________________
Sex _______________ Color _______________
Age _________________
Date of Birth
_________________________________________________
Place of Birth
________________________________________________
Length of residency in
Single, married, widowed, separated, divorced
_________________
Number of children living
_____________________________________
Number dead
___________________________________________________
Occupation
____________________________________________________
Date of last employment
_______________________________________
Education
_____________________________________________________
Religion
______________________________________________________
Name, relationship, address, and telephone number of
correspondents:
_____________________________________________
_______________________________________________________________
_______________________________________________________________
2. HISTORY OF FAMILY
Name of father ________________________________________________
Birthplace
__________________________________________________
Maiden name of mother
_________________________________________
Birthplace
__________________________________________________
Name of spouse (or maiden name of wife) _______________
Birthplace
__________________________________________________
General characteristics of family
_____________________________
What relatives have had mental or nervous trouble?
____________
_______________________________________________________________
3. HISTORY OF PATIENT
PREVIOUS TO PRESENT ILLNESS
Describe the general health, development, sickness and
accidents
prior to the present
disorder _______________________________
Personality, school record, and social habits
_________________
Previous attacks and hospitalization for mental
health:
_____________________________________________________
Place and date
________________________________________________
_______________________________________________________________
HISTORY OF PRESENT
ILLNESS
Supposed cause
________________________________________________
Date of onset and course
______________________________________
Abnormal talk
_________________________________________________
Suicidal tendencies ___________________________________________
Abnormal conduct
______________________________________________
History of violence
___________________________________________
Special and unusual symptoms
__________________________________
Use of alcohol ________________________________________________
Use of narcotics
______________________________________________
Diagnosis, if determined
______________________________________
Dangerous?
Yes ______________ No _________________ If Yes,
explain basis for opinion
___________________________________
State the least restrictive treatment which is appropriate
to
condition
___________________________________________________
State the least restrictive treatment which is available
within the catchment
area ___________________________________
Is the patient competent to refuse treatment that is
ordered?
____________________________________________________
NAME AND
RELATIONSHIPS OF INFORMANTS
Other data
____________________________________________________
Dated at ______________,
______________________, 19__
______________, M.D., D.O., Ph.D., Other
_______________________________________
Address
______________, M.D., D.O., Ph.D., Other
_______________________________________
Address
H. The members of the
examining commission making an examination and certifying the condition of the
person alleged to be a person requiring treatment shall, regardless of whether
or not they find such person mentally ill, be entitled to receive for such
services a reasonable sum set by the court, and twenty cents ($0.20) per mile
for travel necessarily performed in going to the place of such examination and
such further sum for expenses as the judge of the district court shall allow,
such sums to be paid from the local court fund.
Any private fees or funds received or recovered in connection with such
hearing shall be deposited to the credit of the local court fund.
I. The person alleged
to be a person requiring treatment shall have the right to be present at the
hearing on the petition or jury trial unless it is made to appear to the court
that the presence of the person alleged to be a person requiring treatment
makes it impossible to conduct the hearing or trial in a reasonable manner or
that the presence of the person would be injurious to the health or well‑being
of the person. The court may not decide
in advance of the hearing, solely on the basis of the certificate of the
examining commission, that the person alleged to be a
person requiring treatment should not be allowed nor required to appear. It shall be made to appear to the court based
upon clear and convincing evidence that alternatives to exclusion were
attempted before the court renders the removal for that purpose or determines
that the appearance at such hearing would be improper and unsafe.
J. The court, at the
hearing on the petition, shall determine by clear and convincing evidence if
the person is a person requiring treatment, and the court will 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
patient's right to refuse medication. If
a jury trial is not demanded, the court may receive as evidence and act upon
the affidavits and reports of the examining commission, without further
evidence being presented. If the court
deems it necessary, or if the person alleged to be a person requiring treatment
shall so demand, the court shall schedule the hearing on the petition as a jury
trial to be held within seventy‑two (72) hours of the demand, excluding
days when the court is not officially in session, or within as much additional
time as is requested by the attorney of the person requiring treatment, upon good
cause shown.
K. At the hearing on
the petition, when it 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. No statement, admission or confession made by
the person alleged to be a person requiring treatment may be used for any
purpose except for proceedings under this section. No such statement, admission or confession
may be used against such person in any criminal action whether pending at the
time the hearing is held or filed against such person at any later time
directly or in any manner or form.
L. If any person
admitted under this section or any other provision of law is not found at the
hearing on the petition to be a person requiring treatment after the person is
admitted to a facility, the person shall be discharged immediately.
M. If any person
admitted under this section or any other provision of law is found at the
hearing on the petition to be a person requiring treatment, such 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.
N. The court shall
make and keep records of all cases brought before it. No records of proceedings under the Mental
Health Law 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,
the person's attorney of record, or persons having a legitimate treatment
interest.
O. 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.
§43A-5-402.
Repealed by Laws 1997, c. 387, § 11, eff.
§43A-5-403.
Renumbered as § 5-417 of this title by Laws 1997, c. 387, § 12, eff.
§43A-5-404.
Renumbered as § 5-418 of this title by Laws 1997, c. 387, § 12, eff.
§43A-5-405.
Renumbered as § 5-416 of this title by Laws 1997, c. 387, § 12, eff.
§43A-5-406.
Renumbered as § 5-419 of this title by Laws 1997, c. 387, § 12, eff.
§43A-5-407.
Renumbered as § 5-420 of this title by Laws 1997, c. 387, § 12, eff.
§43A-5-410.
Petition regarding person requiring treatment.
A. The following
persons may file or request the district attorney to file a petition with the
district court, upon which is hereby conferred jurisdiction, to determine
whether an individual has a mental illness and is a person requiring treatment,
and to order the least restrictive appropriate treatment for the person:
1.
The father, mother, husband, wife, brother, sister, guardian or child,
over the age of eighteen (18) years, of an individual alleged to have a mental
illness and to be a person requiring treatment;
2.
A licensed mental health professional;
3.
The executive director of a facility designated by the Commissioner of
Mental Health and Substance Abuse Services as appropriate for emergency
detention or an administrator of a hospital that is approved by the Joint
Commission on Accreditation of Healthcare Organizations;
4.
A person in charge of any correctional institution;
5.
Any peace officer within the county in which the individual alleged to
have a mental illness and to be a person requiring treatment resides or may be
found; or
6.
The district attorney in whose district the person resides or may be
found.
B. The petition shall
contain a statement of the facts upon which the allegation is based and, if
known, the names and addresses of any witnesses to the alleged facts.
1.
The petition shall be verified and made under penalty of perjury.
2.
A request for the prehearing detention of the
individual alleged to have a mental illness and to be a person requiring
treatment may be attached to the petition.
3.
If the individual alleged to have a mental illness and to be a person
requiring treatment is being held in emergency detention, a copy of the
certificate of evaluation shall be attached to the petition.
C. The inpatient mental
health treatment of minors shall be pursuant to the provisions of the Inpatient
Mental Health Treatment of Minors Act.
§43A-5-411.
Rights of individuals alleged to have mental illness and require
treatment.
A. An individual
alleged to have a mental illness and to be a person requiring treatment shall
have the following rights:
1.
The right to notice, as provided by Section 5-412 of this title;
2.
The right to counsel, including court-appointed counsel, and if the
person has no counsel, that the court shall appoint an attorney to represent
the person at no cost if the person is an indigent person and cannot afford an
attorney;
3.
The right to a hearing and the right to a closed hearing, unless the
person requests otherwise;
4.
Upon request, right to a jury trial.
The jury shall be composed of six persons having the qualifications
required of jurors in courts of record;
5.
The right to be present at the hearing on the petition or jury
trial. The person shall be present at
the hearing or jury trial unless the court finds that the presence of the
person alleged to be a mentally ill person requiring treatment makes it
impossible to conduct the hearing or trial in a reasonable manner or that the
presence of the person would be injurious to the health or well-being of such
person.
a. The court shall not decide in
advance of the hearing, solely on the basis of the certificate of evaluation, that the person alleged to be a mentally ill
person requiring treatment should not be allowed nor required to appear.
b. Prior to issuing an order
excluding the person from the hearing or jury trial, the court shall find,
based upon clear and convincing evidence, that alternatives to exclusion of the
person were attempted;
6.
The right to present and to cross-examine witnesses. The petitioner and witnesses identified in
the petition shall offer testimony under oath at the hearing on the
petition. 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.
B. An individual
alleged to be or found by a court to have a mental illness and be a person
requiring treatment shall be afforded such other rights as are guaranteed by
state and federal law.
C. No statement,
admission or confession made by the person alleged to have a mental illness and
to be a mentally ill person requiring treatment shall be used for any purpose
except for proceedings under this act.
No such statement, admission or confession may be used against such
person in any criminal action whether pending at the time the hearing is held
or filed against such person at any later time directly or in any manner or
form.
D. An attorney
appointed by the court to represent a person alleged to have a mental illness
and to be a person requiring treatment shall be a licensed and actively practicing
attorney who shall represent the person until final disposition of the
case. The court may appoint a public
defender where available.
1.
The attorney appointed by the court shall meet and consult with the person
within one (1) day of notification of the appointment. The attorney shall immediately, upon meeting
with the person alleged to be a person requiring treatment, present to such
person a statement of the rights, including all rights afforded to persons
alleged to have a mental illness and to be persons requiring treatment by the
2.
The court-appointed attorney shall be replaced by another attorney if:
a. the person alleged to have a
mental illness and to be a person requiring treatment prefers the services of
an attorney other than the one initially appointed for the person,
b. the preferred attorney agrees to
accept the responsibility, and
c. the person alleged to have a
mental illness and to be a person requiring treatment or the preferred attorney
notifies the court of the preference and the attorney's acceptance of
employment.
The preferred attorney shall meet
and consult with the person within one (1) day of employment or
appointment. Any request for additional
days shall be subject to the discretion of the court, considering the facts and
circumstances of each particular case, including cost.
3.
The attorney fees for all services shall be paid by the person alleged
to be a person requiring treatment.
However, if the person alleged to be a person requiring treatment, or a
person empowered pursuant to law to act on behalf of such person, submits an
affidavit that such person is indigent and unable to pay attorney fees, the
attorney fees shall be paid from the court fund, after a determination by the
court that such person is indigent. The
amount of such fee shall be set by the court.
4.
The attorney representing the person alleged to have a mental illness
and to be a person requiring treatment shall notify the court of any current
and unrevoked advance directive that has been
executed by such person pursuant to the Advance Directives for Mental Health
Treatment Act and provide a written copy of the advance directive, if
available, to the court and a representative of the district attorney's office.
§43A-5-412. Notice.
A. Notice of the
date, time and place of the hearing on a petition alleging a person to have a
mental illness and to be a person requiring treatment shall be delivered to
such person at least one (1) day prior to the hearing. Notice shall be personally delivered to the
person together with a copy of the petition and, if applicable, copies of the
certificate of evaluation, the affidavit of the peace officer, and any order of
the court directing prehearing detention or an
evaluation of the person.
B. The notice shall
contain the following information:
1.
The definitions provided by Section 1-103 of this title of a
"mental illness" and a "person requiring treatment";
2.
If applicable, that the court has ordered the evaluation of the person
by two licensed mental health professionals, at least one of whom is a
psychiatrist who is a diplomate of the American Board
of Psychiatry and Neurology, a licensed clinical psychologist, or a licensed
Doctor of Medicine or Doctor of Osteopathy who has received specific training
for and is experienced in performing mental health therapeutic, diagnostic, or
counseling functions, for the purpose of conducting an evaluation of the person
alleged to have a mental illness and to be a person requiring treatment and
executing a certificate of evaluation stating their findings, and the time and
place of the evaluation;
3.
That, upon request, the hearing on the petition may be conducted as a
jury trial and the jury shall be composed of six persons having the
qualifications required of jurors in courts of record;
4.
That the petitioner and witnesses identified in the petition may offer
testimony under oath at the hearing on the petition;
5.
If applicable, that the court has appointed an attorney for the person
alleged to have a mental illness and to be a person requiring treatment who
shall represent the person until final disposition of the case and that if the
person is indigent, the court shall pay the attorney fees;
6.
That, if the person is found at the hearing or at a jury trial to have a
mental illness and to be a person requiring treatment under this act, the court
will take evidence and make findings of fact concerning the person's competency
to consent or to refuse the treatment that is ordered, including, but not
limited to, the right of the person to refuse psychotropic medications; and
7.
That the person alleged to have a mental illness and to be a person
requiring treatment shall be afforded such other rights as are guaranteed by
state and federal law.
C. The person
delivering the copy of the notice and petition to the person alleged to have a
mental illness and to be a person requiring treatment shall, at the time of
delivery, explain the content, purpose and effect of the notice and the legal
right to judicial review by habeas corpus.
D.
1.
A copy of the notice, the petition, and the attachments to the petition,
if any, shall also be delivered at least one (1) day prior to the hearing to:
a. the individual initiating the
request for protective custody, emergency detention, involuntary commitment or prehearing detention,
b. the attorney or court-appointed
counsel of the person,to the district attorney, and
to the public defender, if any,
c. the facility, if any, in which
the person is detained in emergency detention,
d. the Department of Mental Health
and Substance Abuse Services, and
e. a parent, spouse, guardian,
brother, sister or child who is at least eighteen (18) years of age of the
person alleged to have a mental illness and to be a person requiring treatment
and who is not the individual initiating the petition or a request for
protective custody, emergency detention, involuntary commitment or prehearing detention.
Notice shall also be delivered to any other person as may be ordered by
the court.
2.
The notice required by this subsection may be served personally or by
certified mail. When notice is served personally,
the person making such service shall make affidavit of the same and file such
notice, with proof of service, with the district court. This notice may be served in any part of the
state when so ordered by the court.
E. Notice of orders
of a court directing an evaluation or prehearing
detention of a person alleged to have a mental illness and to be a person
requiring treatment shall be delivered in substantially the same manner as
provided by subsection A of this section.
Notice of a court order directing an evaluation of the person shall be
delivered at least one (1) day before the evaluation, and as many additional
days as are requested by the person alleged to have a mental illness and to be
a person requiring treatment or the attorney of such person as are reasonable
without prejudice to the person. Any
request for additional days shall be subject to the discretion of the court,
considering the facts and circumstances of each particular case.
§43A-5-413. Prehearing detention.
A. When a request for
an order of prehearing detention is attached to a
petition alleging a person to have a mental illness and to be a person
requiring treatment, the district court shall determine whether there is
probable cause to detain the person who is the subject of the petition prior to
a hearing on the petition.
1. If the court issues an order for
detention, it shall immediately set a date, time, and place for a hearing on
the petition.
2.
The period of prehearing detention shall not
exceed seventy-two (72) hours, excluding the weekends and holidays, except upon
a court order authorizing detention beyond a seventy-two-hour period or pending
the hearing on a petition requesting involuntary commitment or treatment. Prehearing
detention may be extended to coincide with any order of continuance entered by
the court.
B. If the court finds
that probable cause to detain the person alleged to have a mental illness and
to be a person requiring treatment does not exist, the court shall dismiss the
request and, if the person is being held in protective custody or emergency
detention, order the person released and returned to the point where such
person was taken into protective custody.
C. If the court finds
that probable cause to detain the person alleged to have a mental illness and
to be a person requiring treatment does exist:
1.
An order may be entered authorizing any peace officer to take that
person into custody and to detain such person in a suitable facility prior to
the hearing on the petition; or
2. If the person is being held in emergency
detention, the court may issue an order authorizing the facility to detain the
person prior to a hearing on the petition.
A certified copy of an order of prehearing
detention shall constitute authority for a facility to detain or to continue to
detain the person who is the subject of the order.
§43A-5-414.
Evaluations.
A. If a certificate
of evaluation is not attached to a petition alleging a person to have a mental
illness and to be a person requiring treatment at the time the petition is
filed, the court shall order the person who is the subject of the petition to
undergo an evaluation by two licensed mental health professionals, and a
certificate of evaluation to be completed and filed with the court prior to the
hearing.
1.
The evaluation shall be conducted on an outpatient basis unless the
court has issued an order for prehearing detention.
2.
A copy of all petitions, orders, affidavits, police reports and other relevant
documents shall accompany the person to the place where the evaluation is to be
conducted.
3.
Upon completion of the evaluation, the facility shall transmit a copy of
the report of the licensed mental health professionals conducting the evaluation
and the certificate of evaluation to the court and to the attorney of record
for the person evaluated.
B. The report of the
licensed mental health professionals conducting an evaluation pursuant to this
section shall include written findings as to whether:
1.
The person being evaluated appears to have a demonstrable mental illness
and is a person requiring treatment as defined in this title, and is reasonably
likely to benefit from mental health treatment; and
2.
Based on the following, inpatient treatment is the least restrictive
alternative that meets the needs of the person:
a. reasonable efforts have been made
to provide for the mental health treatment needs of the person through the
provision of less restrictive alternatives and the alternatives have failed to
meet the treatment needs of the person, or
b. after a thorough consideration of
less restrictive alternatives to inpatient treatment, the condition of the
person is such that less restrictive alternatives are unlikely to meet the
treatment needs of the person.
C. The certificate of
evaluation shall be substantially in the following form and signed by two
licensed mental health professionals who have participated in the evaluation of
the person. At least one of the licensed
mental health professionals shall be a psychiatrist who is a diplomate of the American Board of Psychiatry and
Neurology, a licensed clinical psychologist, or a licensed Doctor of Medicine
or Doctor of Osteopathy who has received specific training for and is experienced
in performing mental health therapeutic, diagnostic, or counseling functions:
NOTICE OF CERTIFICATION
To the District Court of
State of
The authorized agency providing evaluation services in the
County
of _____________ has evaluated the condition of:
Name
_______________________________________________________
Address ____________________________________________________
Age ________________________________________________________
Sex ________________________________________________________
Marital status _____________________________________________
We have evaluated the person and make the following
findings:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
The findings are based on the following:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
The above-named person has been informed of this evaluation,
and has been advised of, but has not been able or willing to accept referral
to, the following services:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
We hereby state that a copy of this certificate of
evaluation has been delivered to the attorney of the above-named person.
§43A-5-415.
Hearing and order.
A. Upon receiving a
petition alleging a person to have a mental illness and to be a person
requiring treatment, the court shall set a day and time for the hearing.
1.
If the person alleged to have a mental illness and 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 certificate of evaluation is not attached to the petition
at the time it is filed, the court shall immediately order an 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 have a mental illness and to be a
person requiring treatment shall so demand, the court shall schedule the
hearing on the petition as a jury trial to be held within seventy-two (72)
hours 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 has a mental illness and 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 patient'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 certificate of 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 have a mental illness
and to be a person requiring treatment may also be called as a witness and
cross-examined.
D. When, after the
hearing, the court determines that the person does not have a mental illness
and 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. When, after the
hearing, the court determines the person to have a mental illness and 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.
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 precommitment screening
examination.
2.
If the court finds that a program other than hospitalization is
appropriate to meet the individual's treatment needs 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.
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, the person's attorney
of record, or persons having a legitimate treatment interest.
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.
§43A-5-416.
Alternatives to hospitalization.
A. The court, in
considering a commitment petition filed under Section 5-410 or Section 9-102 of
this title, shall not order hospitalization without a thorough consideration of
available treatment alternatives to hospitalization, nor without addressing the
patient's competency to consent to or refuse the treatment that is ordered
including, but not limited to, the patient's rights:
1.
To be heard concerning the patient’s treatment; and
2.
To refuse medications.
B.
1.
If the court, in considering a commitment petition filed under Section
5-410 or Section 9-102 of this title, finds that a program other than
hospitalization is adequate to meet the individual's treatment needs 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
is appropriate for a period set by the court, during which time the court:
a. shall have continuing
jurisdiction over the individual as a person requiring treatment, and
b. shall periodically, no less often
than annually, review the treatment needs of the individual and determine
whether or not to continue, discontinue, or modify the treatment.
2.
If at any time it comes to the attention of the court from a person
competent to file or request the filing of a petition, pursuant to subsection A
of Section 5-410 of this title, that the individual ordered to undergo a
program of alternative treatment to hospitalization is not complying with the
order or that the alternative treatment program has not been sufficient to
prevent harm or injury which the individual may be inflicting upon himself or
others, the court may order the person to show cause why the court should not:
a. implement other alternatives to
hospitalization, modify or rescind the original order or direct the individual
to undergo another program of alternative treatment, if necessary and
appropriate, based on written findings of the court, or
b. enter an order of admission
pursuant to the provisions of this title, directing that the person be
committed to inpatient treatment and, if the individual refuses to comply with
this order of inpatient treatment, the court may direct a peace officer to take
the individual into protective custody and transport the person to a public or
private facility designated by the court.
3.
The court shall give notice to the person ordered to show cause and hold
the hearing within seventy-two (72) hours of the notice. The person ordered to undergo a program of
alternative treatment shall not be detained in emergency detention pending the
show cause hearing unless, prior to the emergency detention, the person has
undergone an emergency examination and a determination is made that emergency
detention is warranted.
4.
If an order of alternative treatment will expire without further review
by the court and it is believed that the individual continues to require
treatment, a person competent to file or request the filing of a petition,
pursuant to subsection A of Section 5-410 of this title, may file or request
the district attorney file either an application for an extension of the
court’s previous order or an entirely new petition for a determination
that the individual is a person requiring treatment.
5.
A hearing on the application or petition filed pursuant to paragraph 4
of this subsection shall be held within ten (10) days after the application or petition
is filed, unless the court extends the time for good cause. In setting the matter for hearing, the court
shall consider whether or not the prior orders of the court will expire during
the pendency of the hearing and shall make
appropriate orders to protect the interests of the individual who is the
subject of the hearing.
C. Prior to ordering
the inpatient treatment of an individual, the court shall inquire into the
adequacy of treatment to be provided to the individual by the facility, and
inpatient treatment shall not be ordered unless the facility in which the
individual is to be treated can provide such person with treatment which is
adequate and appropriate to such person's condition.
D. Nothing in this
section shall prohibit the Department of Mental Health and Substance Abuse
Services or the facility or program providing the alternative treatment from
discharging a person admitted pursuant to this section, at a time prior to the
expiration of the period of alternative treatment, or any extension
thereof. The facility or program
providing the alternative treatment shall file a report with the court
outlining the disposition of each person admitted pursuant to this section
within forty-eight (48) hours after discharge.
E. Notice of any proceedings
pursuant to this section shall be given to the person, the person’s
guardian, the person’s attorney, and the person filing the petition or
application.
§43A-5-417.
Precommitment examination - Matters included.
A precommitment examination ordered
by the court shall include, but is not limited to:
1. A physical
evaluation;
2. A mental
evaluation;
3. A social history;
4. A study of the
individual's family and community situation;
5. A list of
available forms of care and treatment which may serve as an alternative to
admission to a hospital; and
6. A recommendation
as to the least restrictive placement suitable to the person's needs, as
identified by this section, should the individual be ordered to undergo
treatment by the court.
Programs other than hospitalization to be considered shall
include, but not be limited to, outpatient clinics, extended care facilities,
nursing homes, sheltered care arrangements, home care and homemaker services,
and other treatment programs or suitable arrangements.
§43A-5-418.
Precommitment screening examination - Copy of order to be provided examinee -
Explanation of examination.
In addition to the notice requirements contained in the
Mental Health Law, each person ordered to undergo a precommitment
screening examination shall receive:
1.
A copy of the order requiring the person to undergo the examination; and
2.
A written statement explaining what the examination will cover.
If the individual is unable to read or understand the
written materials, every effort will be made to explain them in a language such
person understands, and a copy of the examination findings shall be provided to
the court, and to the person's attorney of record, if known, upon completion.
§43A-5-419.
Modification order - Notice - Contents of notice.
The court may modify an order for involuntary inpatient
commitment and order alternative treatment pursuant to the provisions of this
section upon request of the person committed or the administrator of a facility
to which a person has been involuntarily committed for inpatient
treatment. The court shall give notice
to the person affected thereby to appear within five (5) regular court days, or
as many other days as the court may grant, and show cause why the modification
shall not be made. The notice shall
contain the following information:
1.
The individual ordered to undergo a program of alternative treatment to
hospitalization is not complying with the previous order, or that the
alternative treatment program has not been sufficient to prevent harm or injury
to the person or others or committed for inpatient care and treatment is
eligible for discharge and that an evaluation conducted prior to discharge
determined that an order for alternative treatment is necessary in order to
prevent impairment or injury to the person;
2.
A statement of the facts upon which the alleged change of condition is
based and a copy of any written findings entered by the court;
3.
Notice of the time and place of the show cause hearing;
4.
Notice of the types of modifications that the court can make pursuant to
this hearing;
5.
The witnesses who shall testify or offer evidence for the modification
which are known to the court;
6.
That the individual has the right to an attorney, and that if the
individual cannot afford an attorney, one will be provided; and
7.
That the individual has the right to cross-examine witnesses, and to
call witnesses in such person's own defense.
§43A-5-420.
Review of status of persons involuntarily committed for treatment.
A. The Board of
Mental Health and Substance Abuse Services shall adopt rules and procedures to
ensure that persons involuntarily committed for treatment by a court receive review
of their involuntary status at least once every three (3) months, and the
Department of Mental Health and Substance Abuse Services shall take appropriate
action based upon this review.
B. Any person
receiving involuntary inpatient treatment, or such person's attorney, may at
any time file a written request that the treatment order be reviewed by the
committing court, or a court in the county where the person is located. If a review is requested, the court shall
hear the matter within thirty (30) days after the request, and the court shall
give notice to the person and such person's attorney and the person in charge
of the facility of the time and place of the hearing. The hearing shall be to determine if the
person can be treated on a less restrictive basis. At the conclusion of the hearing, the court
may confirm the order of treatment, modify the order of treatment, discharge
the respondent, or enter any appropriate order.
§43A-5-421.
Emergency service patrols.
A. Counties and
municipalities may establish emergency service patrols. A patrol consists of persons trained to give
assistance in public places to persons whom the patrol has reasonable grounds
to believe are mentally ill. Members of
an emergency service patrol shall be capable of providing first aid in
emergency situations and may transport mentally ill persons to their homes and
to and from approved treatment facilities and alternative facilities.
B. Standards for the
establishment, training, and conduct of emergency service patrols shall be
adopted by the county or municipality and approved by the Department of Mental
Health and Substance Abuse Services.
These standards shall comply with the standards of the regional
emergency medical services plan.
C. All participating
state and local agencies are directed to coordinate with each other and
cooperate in assisting the Department of Mental Health and Substance Abuse
Services as needed.
D. All emergency
service patrols shall be required to keep reliable data on services made available
and provided by the emergency service patrols.
E. Upon the request
of the Department of Mental Health and Substance Abuse Services, every state
agency, board or commission shall provide any information requested by the
Department of Mental Health and Substance Abuse Services to assess the
effectiveness of emergency service patrols.
§43A-5-501.
Short title - Legislative intent.
A. Sections 5-501
through 5-513 of this title shall be known and may be cited as the
"Inpatient Mental Health and Substance Abuse Treatment of Minors
Act".
B. The Oklahoma
Legislature hereby declares that the public policy of this state is to assure
adequate treatment of minors needing 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 require the use of the
least restrictive alternative in the determination of the method of treatment,
to provide orderly and reliable procedures for admission or commitment of
minors alleged to be in need of inpatient mental health treatment or treatment
for drug or alcohol abuse consistent with due process of law, and to protect
the rights of patients hospitalized pursuant to law.
C. It is the intent
of the Legislature that:
1.
Mental health and substance abuse treatment services shall be provided
in the manner most likely to preserve, support and strengthen the family of the
minor and to assist the minor and the family of the minor;
2.
Minors needing mental health services or substance abuse treatment
shall, to the maximum extent possible, receive those services on an outpatient
basis; and
3.
Inpatient evaluation and treatment services shall be utilized only as necessary
to preserve the health or safety of the minor or for the protection of others
in the case of a minor who as a result of a demonstrable mental illness or drug
or alcohol dependence can be expected to intentionally or unintentionally
seriously and physically injure another person.
§43A-5-502.
Definitions.
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. "Minor in
need of treatment" means a minor:
a. who has a demonstrable mental
illness or who is drug or alcohol dependent and as a result of that mental
illness or dependency can be expected within the near future to inflict or
attempt to inflict serious bodily harm to himself or herself or another person,
and who has engaged in one or more recent overt acts or made significant recent
threats which substantially support that expectation, or
b. who has a demonstrable mental
illness or is drug or alcohol dependent of sufficient severity to cause substantial
impairment or disability in at least two of the following major areas of
functioning in the minor’s life:
(1) family relations,
(2)
school performance,
(3) social interactions,
(4) ability to perform independently
the basic tasks of personal hygiene, hydration and nutrition, or
(5) self-protection.
A determination regarding the ability of the minor to
perform independently such basic tasks shall be based upon the age of the minor
and the reasonable and appropriate expectation of the abilities of a minor of
such age to perform such tasks.
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 and by a parent
having custody 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
d. documentation of the involvement
of the minor or the minor’s parent 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 Title 10 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,
b. a physician licensed pursuant to Chapter
11 or Chapter 14 of Title 59 of the Oklahoma Statutes who has received specific
training for and is experienced in, performing mental health therapeutic,
diagnostic, or counseling functions,
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 Chapter 44 of Title 59 of the Oklahoma Statutes,
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 Chapter 44A of Title 59 of the Oklahoma Statutes,
g. a licensed behavioral
practitioner as defined in Chapter 44B of Title 59 of the Oklahoma Statutes, or
h. an advanced
practice nurse, as defined in Chapter 12 of Title 59 of the Oklahoma Statutes,
specializing in mental health.
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, including either parent if custody is
shared under a joint decree or agreement, or
b. a person judicially appointed as
a legal guardian 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 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. “Medical
necessity review” means an assessment of current and recent behaviors and
symptoms to determine whether an admission for inpatient mental illness or drug
or alcohol dependence treatment or evaluation constitutes the least restrictive
level of care necessary. The review
shall be performed by a licensed mental health professional;
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.
§43A-5-503.
Admission for treatment – Minor’s consent
– Petition – Liability for cost – Emergency protective
custody.
A. A minor may be
admitted for inpatient mental health or substance abuse treatment only pursuant
to the provisions of the Inpatient Mental Health and Substance Abuse Treatment
of Minors Act.
B. A parent of a
minor may consent to the voluntary admission of the minor for inpatient mental
health or substance abuse treatment or if a minor age sixteen (16) years or
older refuses or revokes consent to inpatient mental health or substance abuse
treatment, the parent may request that the district attorney file a petition
alleging the minor to be a minor in need of mental health treatment and require
inpatient treatment.
C. A mental health or
substance abuse treatment facility may request that the district attorney file
a petition alleging a minor to be a minor in need of treatment and require
inpatient treatment when the parent consenting to the admission of a minor or
when the minor age sixteen (16) years or older who had previously consented to
admission revokes such consent and the person in charge of the facility, or a
designee, determines that the condition of the minor is such that the minor
should remain in the facility.
D. A minor who is in
the legal custody of the Department of Human Services or the Office of Juvenile
Affairs, or who is a ward of a court may be admitted to a hospital or other
facility for inpatient mental health or substance abuse treatment only pursuant
to the provisions of Section 5-507 of this title.
1.
A public or private child care agency having legal custody of a minor
may request the district attorney to file a petition alleging the minor to be a
minor in need of treatment and to require inpatient treatment.
2.
Nothing in the Inpatient Mental Health and Substance Abuse Treatment of
Minors Act shall be interpreted to prohibit or preclude the provision of
outpatient treatment or services including, but not limited to, outpatient
evaluation, counseling, educational, rehabilitative or other mental health and
substance abuse services to the minor, as necessary and appropriate, in the
absence of a specific court order for such services.
E.
1.
An order of a court committing a minor to a facility for inpatient
mental health or substance abuse evaluation or treatment shall not, by itself,
relieve a parent of the obligation to provide for the support of the minor nor
of liability for the cost of treatment provided to the minor.
2.
Nothing in the Inpatient Mental Health and Substance Abuse Treatment of
Minors Act shall be interpreted to:
a. limit the authority of the court
to order a parent to make support payments or to make payments or
reimbursements for medical care or treatment, including mental health care or
treatment, to the person, institution, or agency having custody of the minor or
providing the treatment, or
b. abrogate
the right of the minor to any benefits provided through public funds for which
the minor is otherwise eligible.
3.
An order committing a minor to a facility for inpatient mental health or
substance abuse treatment shall not by itself serve to preclude a subsequent
adjudication which finds the minor to be delinquent, in need of supervision or
deprived nor shall it cause the vacation of any such order of adjudication
previously entered.
F. If a peace officer
reasonably believes that a minor is a minor in need of treatment, the officer
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.
§43A-5-504.
Jurisdiction – Venue - Powers of court.
A. Upon the filing of
a petition alleging that a minor is a minor in need of treatment and requires
inpatient mental health or substance abuse treatment, or upon the assumption of
custody of an alleged deprived child pursuant to the provisions of Section
7003-2.1 of Title 10 of the Oklahoma Statutes, or when a minor is the ward of
the court, the judge of the district court having juvenile docket
responsibility shall have jurisdiction of any minor who is or is alleged to be
a minor in need of treatment and of the parent or legal custodian of the minor,
regardless of where the parent or legal custodian is found. When jurisdiction has been obtained over a
minor who is or is alleged to be in need of treatment, such jurisdiction may be
retained until the minor is discharged from treatment ordered by the
court. For the convenience of the
parties and in the interest of justice, a proceeding under the Inpatient Mental
Health and Substance Abuse Treatment of Minors Act may be transferred to the
district court in any other county.
1. The venue for legal proceedings
pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors
Act shall be:
a. the county where the minor
resides,
b. when the minor is in the custody
of a public or private child care agency, the county in which the minor resides
at the time legal proceedings are initiated, or
c. the county of
original jurisdiction.
2.
The district court in which a petition is filed or the district court in
which custody has been assumed pursuant to the provisions of Section 7003-2.1
of Title 10 of the Oklahoma Statutes may retain jurisdiction of a minor in need
of treatment in such proceeding even if the minor is subject to the jurisdiction
of another district court within the state.
Any orders made by the court in which the petition is filed shall
control over prior orders in regard to the minor.
3.
The district court in which a petition is filed which alleges that a
minor is a minor in need of treatment may issue any temporary order or grant
any interlocutory relief authorized by the Inpatient Mental Health and
Substance Abuse Treatment of Minors Act even if another district court within
the state has jurisdiction of the minor or has jurisdiction to determine the
custody or support of the minor.
4.
If the district court in which a petition is filed pursuant to either
paragraph 2 or 3 of this subsection sustains the petition, the district court
shall have the jurisdiction to make a final determination on the petition or to
transfer the proceedings to a court having prior jurisdiction over the
minor. Where the other proceeding is
pending in the same judicial district in which the petition is filed, the chief
judge of the judicial district shall determine which judge shall try the issues
when the judges to whom the cases have been assigned are unable to agree on the
procedure that should be followed.
B. Unless otherwise
specifically provided by the Inpatient Mental Health and Substance Abuse
Treatment of Minors Act and Title 43A of the Oklahoma Statutes, the rules of
civil procedure shall apply to all legal proceedings pursuant to the Inpatient
Mental Health and Substance Abuse Treatment of Minors Act.
§43A-5-505.
Admission to treatment facility - Application –
Evaluation - Notice and revocation of consent – Petition to detain.
A. A minor may be
admitted to a mental health or substance abuse treatment facility willing to
admit the minor for inpatient treatment upon application and with the consent
of a parent having custody of the minor as follows:
1.
A minor sixteen (16) years of age or older may be admitted upon the
joint application and consent of the minor and the parent of the minor; and
2.
A minor under the age of sixteen (16) years may be admitted without the
minor’s consent pursuant to the provisions of this section.
B. Upon the
application of a parent of the minor, a mental health or substance abuse
facility may admit the minor for inpatient evaluation or treatment if the
person in charge of the facility, or a designee, determines the minor to be
clinically eligible for such admission, and:
1.
After a medical necessity review, a licensed mental health professional
determines and states in writing that there is reasonable cause to believe that
the minor may be a minor in need of treatment and that an evaluation is
necessary to properly determine the condition and treatment needs of the minor,
if any; and
2.
After an outpatient or inpatient mental health evaluation, a licensed
mental health professional determines and states in writing that in the opinion
of the professional, the minor is a minor in need of treatment and:
a. the minor appears to have a mental
illness or drug or alcohol dependence serious enough to warrant inpatient
treatment and is reasonably likely to benefit from the treatment, and
b. based upon the following,
inpatient treatment is determined to be the least restrictive alternative that
meets the needs of the minor:
(1) reasonable efforts have been
made to provide for the treatment needs of the minor through the provision of
less restrictive alternatives and such alternatives have failed to meet the
treatment needs of the minor, or
(2) after a thorough consideration
of less restrictive alternatives to inpatient treatment, the condition of the
minor is such that less restrictive alternatives are unlikely to meet the
treatment needs of the minor, and
c. the minor has been provided with
a clinically appropriate explanation of the nature and purpose of the
treatment, and
d. if the minor is sixteen (16)
years of age or older, the minor has been provided with an explanation of his
or her rights pursuant to the provisions of the Inpatient Mental Health and
Substance Abuse Treatment of Minors Act, including the right to object to
admission.
3.
If admission or transfer from a private facility to a state-operated
facility is sought, the community mental health center serving the area in which
the minor resides shall provide the evaluation required by this section and
shall ensure that the necessary written findings have been made before
approving the admission.
4.
A copy of the written findings of the evaluation required by this
section shall be provided to the consenting parent and the parent shall have
the opportunity to discuss the findings with the person conducting the
evaluation.
C. The determinations
and written statements of a licensed mental health professional made pursuant
to this section shall, upon the admission of the minor for inpatient evaluation
or treatment, be made a part of the medical record of the minor.
D. Inpatient
treatment of a minor admitted under this section may not exceed thirty (30)
consecutive days unless continued inpatient treatment has been authorized by
appropriate hospital medical personnel, based upon their written findings that
the criteria set forth in subsection B of this section continue to be met,
after such persons have examined the minor and interviewed the consenting
parent and reviewed reports submitted by members of the facility staff familiar
with the minor's condition.
E. Any minor younger
than sixteen (16) years of age admitted under this section and the consenting
parent of the minor shall be informed orally and in writing by the director of
the facility for inpatient treatment within five (5) days prior to the
sixteenth birthday of the minor that continued voluntary treatment under the
authority of this section requires the consent of the minor.
F. If the parent who
consented to the admission of a minor under this section revokes such consent
at any time, or if a minor sixteen (16) years of age or older objects at any
time to further treatment, the minor shall be discharged within forty-eight
(48) hours to the custody of such consenting parent, unless the district
attorney is requested to file a petition alleging the minor to be a minor in
need of treatment and to require inpatient treatment in accordance with the
provisions of this title.
§43A-5-506.
Admission or detention on an emergency basis - Application by parent -
Medical necessity review - Hearing - Revocation of consent.
A. Upon the
application of a parent and following a medical necessity review, a minor sixteen
(16) years of age or older who objects to admission or revokes his or her
consent to inpatient treatment may be admitted or detained on an emergency
basis in a mental health or substance abuse treatment facility that is willing
to admit or detain the minor for a period not to exceed five (5) days from the
time of admission or detention, excluding weekends and legal holidays. The admission or detention for an emergency
basis may only exceed five (5) days, excluding weekends or holidays, if the
facility receives a prehearing detention order
authorizing detention pending a hearing on a petition to determine whether the
minor is a minor in need of treatment and to require inpatient treatment. If admission or transfer from a private facility
to a state-operated facility is sought, the community mental health center
serving the area in which the minor resides shall provide the required
evaluations and reports and shall ensure that the necessary written findings
have been made.
B.
1.
A minor admitted or detained pursuant to this section shall be evaluated
by a licensed mental health professional to determine whether the minor is a
minor in need of treatment.
a. If the licensed mental health
professional determines that the minor is a minor in need of treatment, the
licensed mental health professional shall submit a report of the evaluation to
the district attorney within forty-eight (48) hours, excluding weekends or
holidays, of admission, detention, or revocation of the consent of the minor
sixteen (16) years of age or older or to the parent.
b. If the licensed mental health
professional determines that the minor is not a minor in need of treatment, the
minor shall immediately be discharged.
2.
Upon admission or detention of a minor pursuant to this section, the
person requesting the petition shall immediately notify the district
attorney. The district attorney shall
file a petition as provided in Section 5-509 of this title within three (3)
days of receipt of the report and shall request a prehearing
detention order from the court authorizing further detention of the child in
the facility pending a hearing on a petition alleging the minor to be a minor
in need of treatment and to require inpatient treatment and further order of
the court.
a. If the court finds probable cause
exists that the minor is a minor in need of treatment, the court shall issue a prehearing detention order authorizing the facility to
detain the minor until the hearing on the petition and to immediately set a
date and time for a hearing on the petition.
A certified copy of the prehearing detention
order shall constitute authority for a facility to detain or continue to detain
the minor who is the subject of the order.
b. If the court does not find
probable cause exists that the minor is a minor in need of treatment, the court
shall dismiss the petition and request for a prehearing
detention order and order the release of the minor to the minor’s parent.
C. If the parent who
consented to the admission of a minor under this section revokes such consent
at any time, the minor shall be released within forty-eight (48) hours to the
custody of the parent unless the person in charge of the facility, or a
designee, requests the filing of a petition as provided of in this section.
§43A-5-507.
Admission of minor taken into custody as deprived child or ward of court
- Medical necessity review - Hearing on emergency custody - Notice of admission
- Admission on emergency basis - Evaluation - Petition for admission.
A. No minor who is
taken into custody pursuant to Section 7003-2.1 of Title 10 of the Oklahoma
Statutes as an alleged deprived child, or who has been adjudicated a ward of
the court shall be admitted to a hospital or mental health or substance abuse
treatment facility:
1.
On an emergency basis except as provided by this section;
2.
For inpatient treatment except upon a commitment order of the court
pursuant to the provisions of subsection D of this section and after a finding
that the minor requires such services as provided by Section 5-512 of this
title.
B. After a medical
necessity review and a determination that a minor is a minor in need of
treatment, the minor may be admitted to a hospital or mental health or substance
abuse treatment facility on an emergency basis for a period not to exceed five
(5) days from the time of admission, excluding weekends and holidays. On the next business day following admission,
notice of such admission shall be given by the person responsible for the
supervision of the case, as applicable, to the minor’s attorney, Court
Appointed Special Advocate (CASA) or guardian ad litem, the court and district
attorney.
C. A minor admitted
on an emergency basis pursuant to this section shall be evaluated and a report
submitted to the district attorney within forty-eight (48) hours of admission,
excluding weekends and holidays. The
evaluation shall be performed by a licensed mental health professional at the
facility.
D. If after an inpatient
or outpatient evaluation it appears that the minor may require inpatient
treatment, the district attorney shall file a petition as provided by Section
5-509 of this title within three (3) days after receiving the evaluation report
requesting an order committing the minor to a facility for inpatient
treatment. After the filing of a
petition and upon issuance of a prehearing detention
order, the minor may be detained in the facility for no longer than necessary
for a hearing on the petition as provided by Section 5-510 of this title or
further order of the court.
E. Nothing in this
section shall be interpreted to preclude or prohibit a parent having physical
custody of a minor who is a ward of the court from arranging for an emergency
admission of the minor. In such cases,
the parent shall immediately notify the person responsible for the supervision
of the case of the admission.
§43A-5-508.
Mental health evaluation report.
A. The report of a
licensed mental health professional prepared pursuant to Section 5-506 or 5-507
of this title shall include written findings as to whether:
1.
The minor appears to be a minor in need of treatment and is reasonably
likely to benefit from treatment; and
2.
Based upon the following, inpatient treatment is the least restrictive
alternative that meets the needs of the minor:
a. reasonable efforts have been made
to provide for the treatment needs of the minor through the provision of less
restrictive alternatives and such alternatives have failed to meet the treatment
needs of the minor, or
b. after a thorough consideration of
less restrictive alternatives to inpatient treatment, the condition of the
minor is such that less restrictive alternatives are unlikely to meet the
treatment needs of the minor; and
3.
The minor has been provided with a clinically appropriate explanation of
the nature and purpose of the treatment; and
4.
If the minor is sixteen (16) years of age or older and was admitted to
or detained in a mental health or substance abuse treatment facility pursuant
to Section 5-506 of this title, the minor has been provided with an explanation
of his or her rights pursuant to the Inpatient Mental Health and Substance
Abuse Treatment of Minors Act including the right to object to admission or
detention.
B. Any report of a
mental health evaluation of a minor alleged to be a minor in need of treatment
that recommends that the minor be found to be eligible for inpatient mental
health or substance abuse treatment shall be signed by the licensed mental health
professional examining the minor.
C. The parents, all
public agencies, and all providers or programs which have treated or are
treating the minor shall cooperate with the person conducting a mental health
evaluation for the purpose of providing a report to a district attorney or to a
district court and shall promptly deliver, as otherwise provided by law, all
records related to the treatment or education of the minor.
§43A-5-509.
Filing of petition - Contents - Proposed individual
treatment plan.
A. A petition
alleging a minor to be a minor in need of treatment shall be filed by a
district attorney and may be filed by a district attorney only after receipt
and review of the report of a licensed mental health professional stating that
in the opinion of the professional the minor has a demonstrable mental illness
or is drug or alcohol dependent and as a result of that mental illness or drug
or alcohol dependence can be expected within the near future to inflict or
attempt to inflict serious bodily harm to himself or herself or another person
if services are not provided, and upon the request of:
1.
A parent, a public or private child care agency having legal custody of
the minor, or a mental health or substance abuse treatment facility; or
2.
When the minor is a ward of the court, the Department of Human Services,
the Office of Juvenile Affairs or juvenile bureau having supervision of the
case or by the parent of the minor with the consent of the applicable agency,
or juvenile bureau having supervision of the case.
B. If after receipt
and review of the report of a licensed mental health professional:
1.
The district attorney declines to file a petition, the minor shall be
discharged to the custody of the consenting parent or public or private agency
having custody of the minor; or
2.
The petition is filed, a copy of the report of the licensed mental
health professional shall be attached to the petition and notice shall be given
as provided by Section 5-510 of this title.
C.
1.
The proceeding shall be entitled "In the matter of ____________, a
minor alleged to be in need of inpatient mental health or substance abuse
treatment".
2.
The petition shall allege that the minor has a demonstrable mental
illness or is drug or alcohol dependent and as a result of that mental illness
or drug or alcohol dependence can be expected within the near future to inflict
or attempt to inflict serious bodily harm to himself or herself, or another
person if services are not provided and has engaged in one or more recent overt
acts or made significant recent threats which substantially support that
expectation and shall be verified and may be based upon information and
belief. The petition shall set forth:
a. with particularity the facts
which bring the minor within the purview of the Inpatient Mental Health and
Substance Abuse Treatment of Minors Act,
b. the name, age and residence of
the minor,
c. the names and residences of the
parents of the minor,
d. the name and residence of the legal
guardian of the minor, if one,
e. the name and residence of the
person or persons having custody or control of the minor,
f. the name and residence of the
nearest known relative, if no parent or guardian can be found,
g.
the relief requested, and
h. an endorsement of witnesses
intended to be called by the petitioner.
D. Upon the filing of
a petition pursuant to this section, if the minor has been admitted to a
facility, the facility shall ensure that a proposed individual treatment plan
for the minor is prepared and submitted to the court at least twenty-four (24)
hours prior to the time set for the hearing.
§43A-5-510. Notice of hearing on
petition - Appointment of attorney - Evaluation report.
A. Upon the filing of
a petition alleging a minor to be a minor in need of treatment, the court
shall:
1.
Appoint an attorney to represent the minor if the minor is not
represented by counsel. An attorney so
appointed shall consult with the minor at least twenty-four (24) hours prior to
the date set for hearing the petition.
In addition, the court may appoint a guardian ad litem as provided by
Section 7003-3.7 of Title 10 of the Oklahoma Statutes;
2.
Enter any prehearing detention orders as may
be necessary;
3.
Set a date for a hearing on the petition. The date shall not be less than one (1) day,
or more than three (3) days, excluding weekends and legal holidays, from the
date of the filing of the petition. Upon
the request of the attorney for the minor, the date of the hearing may be
extended once for up to an additional three (3) days, excluding weekends and
holidays; and
4.
Cause notice of the date, time, place and purpose of the hearing to be
given to the petitioner, the minor, the parent(s) or legal custodian of the
minor and the person in charge of the mental health or substance abuse
treatment facility. If the minor is a
ward of the court, or is in the custody of the Department of Human Services or
the Office of Juvenile Affairs, notice shall also be given to a public or
private child care agency having legal custody of the minor, if any, or to the
person at the Department of Human Services, the Office of Juvenile Affairs or
the applicable juvenile bureau responsible for the supervision of the
case. The notice shall be given at least
twenty-four (24) hours prior to the date set for the hearing and shall be given
in such manner as directed by the court.
§43A-5-511.
Hearings - Right to trial by jury.
A. Hearings pursuant to
the Inpatient Mental Health and Substance Abuse Treatment of Minors Act shall
be private unless specifically ordered by the judge to be conducted in public,
but persons having a direct interest in the case shall be admitted. Stenographic notes or other transcript of the
hearings shall be kept as in other cases, but they shall not be open to
inspection except by order of the court or as otherwise provided by Title 10 of
the Oklahoma Statutes for court records relating to children.
B. The minor may remain
silent as a matter of right in hearings pursuant to the Inpatient Mental Health
and Substance Abuse Treatment of Minors Act and shall be so advised. No statement, admission or confession made by
the minor alleged to be a minor in need of treatment shall be used against the
minor for any purpose except for proceedings pursuant to the Inpatient Mental
Health and Substance Abuse Treatment of Minors Act.
C. A decision
determining a minor to be a minor in need of treatment must be based on sworn
testimony and the minor must have the opportunity for cross‑examination
unless the facts are stipulated. Where
the facts are stipulated, the judge must ascertain from the minor if the minor
agrees with the stipulation and understands the consequences of stipulating the
facts.
D. In hearings to
determine whether a minor is a minor in need of treatment, the minor shall have
the right to demand a trial by jury, which shall be granted as in other cases,
unless waived, or the judge on his or her own motion may call a jury to try any
such case. Such jury shall consist of
six persons.
1.
If a jury trial is not demanded, the court may receive as evidence and
act upon the evaluation or report of the licensed mental health professional
who evaluated the minor;
2.
When the hearing is conducted as a jury trial, any witness on behalf of
the district attorney shall be subject to cross-examination by the attorney for
the minor alleged to be a minor requiring treatment.
§43A-5-512.
Commitment to treatment facility – Evidence required – Least
restrictive alternative - Review of commitment.
A. At the hearing the court shall determ