A. An individual alleged 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 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.
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 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 be a 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 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 be a person requiring treatment by the Oklahoma and the United States Constitutions.
2. The court-appointed attorney shall be replaced by another attorney if:
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 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.
Added by Laws 1997, c. 387, § 5, eff. Nov. 1, 1997. Amended by Laws 2002, c. 488, § 38, eff. Nov. 1, 2002; Laws 2006, c. 97, § 19, eff. Nov. 1, 2006.
Structure Oklahoma Statutes
§43A-1-105. Mental or legal incompetence - Presumptions.
§43A-1-106. Representation of state in court proceedings.
§43A-1-107. Venue of actions - Hearings.
§43A-1-108. Habeas corpus - Notice - Evidence.
§43A-1-109. Confidential and privileged information - Disclosure.
§43A-1-109.1. Treatment advocates.
§43A-2-102. Department to have charge and control of state institutions.
§43A-2-104. Disposition of surplus equipment and land - Purchases.
§43A-2-105. Board as Mental Health and Substance Abuse Services Authority.
§43A-2-110. Citizen advisory groups.
§43A-2-111. Real property trust.
§43A-2-201. Commissioner of Mental Health and Substance Abuse Services - Qualifications - Salary.
§43A-2-202.1. Commissioner - Powers and duties.
§43A-2-203. Classifications of employee positions - Exceptions.
§43A-2-205. Internal audit program.
§43A-2-207. Employment of assistants and counsel by Commissioner to enforce claims.
§43A-2-213. Chaplain - Duties.
§43A-2-214. Training of institution personnel - Use of funds.
§43A-2-218. Misuse or misappropriation of funds or property of canteen.
§43A-2-219. Mistreatment of consumer.
§43A-2-220. Failure of executive director to report mistreatment.
§43A-2-224. Collection of information for administrative purposes - Confidentiality.
§43A-2-301. Office, records and files.
§43A-2-302. Central Office - Petty cash fund.
§43A-2-303. Department of Mental Health and Substance Abuse Services Revolving Fund.
§43A-2-304. Malpractice insurance for certain employees.
§43A-2-305. Authorization to purchase.
§43A-2-310. Intra-agency Reimbursement Revolving Fund.
§43A-2-311. Community-based Substance Abuse Revolving Fund.
§43A-3-101. Facilities maintained for residents.
§43A-3-105. Children's Recovery Center of Oklahoma - Units - Petty cash fund.
§43A-3-107. Transitions Recovery Center - Petty cash fund - Transfer of property, records, etc.
§43A-3-107b. Tulsa Center for Behavioral Health.
§43A-3-108. Alcohol and drug treatment and rehabilitation of adolescents.
§43A-3-109. Canteens - Use of profits.
§43A-3-112. Membership in organizations or networks to provide behavioral health services.
§43A-3-201. Statewide system of precare and aftercare services.
§43A-3-306. Board of Mental Health and Substance Abuse Services - Responsibilities and authority.
§43A-3-306.1. Certification as community mental health center.
§43A-3-311. Authorization and expenditures of funds.
§43A-3-315. Certification as community residential mental health programs.
§43A-3-315.1. Supportive assistance services for residents of facilities.
§43A-3-317. Community-based structured crisis centers.
§43A-3-318. Certification of behavioral health case managers - Use of title.
§43A-3-319. Certification as program of assertive community treatment.
§43A-3-320. Certified Eating Disorder Treatment Programs.
§43A-3-321. Eating disorder treatment program - Injunction.
§43A-3-322. Certified Gambling Addiction Treatment Programs.
§43A-3-322a. Problem Gambling Treatment Counselors - Certification.
§43A-3-323. Gambling addiction treatment program - Injunction.
§43A-3-323A. Mental Illness Service Program - Certification.
§43A-3-324. Certification and renewal fees.
§43A-3-325. Contracts with public and private entities to provide services.
§43A-3-326. Peer recovery support specialists.
§43A-3-402. Public policy - Purpose.
§43A-3-405. Expenditure of funds.
§43A-3-406.1. Purchase of alcohol and drug therapy.
§43A-3-416. Standards - Treatment services and rules of operation - Guidelines.
§43A-3-417. Health and safety standards.
§43A-3-417.1. Transitional living centers and halfway houses – Nondiscriminatory zoning laws.
§43A-3-424. Visitation privileges - Mail or other communication - Telephones.
§43A-3-425. Alcohol- and drug-dependent person with associated medical problems - Treatment.
§43A-3-425.1. HIV education, testing and counseling services.
§43A-3-426. Fees and costs - Payment.
§43A-3-427. Alcohol- or drug-dependent person deemed mentally ill.
§43A-3-428. Intoxicated person in public place - Assistance - Protective custody - Detention.
§43A-3-429. Emergency service patrols.
§43A-3-453. Authorized course providers - Fees - Course requirements.
§43A-3-453.1. Operating facility without certification - Injunction.
§43A-3-453.2. Course facilitator certification - Requirements - Time limit.
§43a-3-460.1. Performing alcohol and drug assessments without certification - Injunction.
§43A-3-601. Opioid substitution treatment programs – Definitions – Rules and standards - Violations.
§43A-3-602. Course of treatment in opioid substitution treatment program – Maximum daily dose.
§43A-3-704. Mental health and substance abuse evaluation - Convicted felons.
§43A-4-101. Humane care and treatment - Food - Discipline - Medical care.
§43A-4-102. Individualized treatment plans - Requirements.
§43A-4-103.1. Custody and control of consumer - Responsibility for care and treatment.
§43A-4-104. Surgical operations - Notice - Emergency.
§43A-4-105. Service of court citation, order or process - Return - Effect.
§43A-4-106. Mechanical restraints - Record.
§43A-4-107a. Visitation privileges - Mail or other communication - Telephones.
§43A-4-108. Labor by consumers - Work therapy - Compensation.
§43A-4-201. Liability of consumer and estate for cost of care and treatment.
§43A-4-202. Amount payable for care and treatment - Inability to pay.
§43A-4-204. Time of payment - Statement of sum due.
§43A-4-205. Payment by guardian - Collection by legal proceeding.
§43A-4-206. Proof of indebtedness - Disposition of money collected.
§43A-5-101. Procedures for admission to state facility, psychiatric hospital or private institution.
§43A-5-102. Official forms required - Order as sufficient authority and protection.
§43A-5-103. Unlawful or malicious confinement in institution.
§43A-5-104. False attestation - Penalty.
§43A-5-201. Rights of detained persons upon entry into facility.
§43A-5-203. Conveying females to facility - Female assistants - County expense.
§43A-5-207. Local Law Enforcement Mental Health Manpower Act.
§43A-5-207v1. Local Law Enforcement Mental Health Manpower Act.
§43A-5-207v2. Local Law Enforcement Mental Health Manpower Act.
§43A-5-208. Initial assessments - Emergency detention - Release.
§43A-5-213. Law Enforcement Behavioral Health Emergency Dispatch Task Force.
§43A-5-302. Informal consumers - Admission.
§43A-5-303. Refusal to admit informal consumer - Liability.
§43A-5-304. Voluntary admission to state facilities - Cost of care and treatment - Bond.
§43A-5-305. Application for voluntary admission.
§43A-5-306. Certificate of physician.
§43A-5-307. Questioning of applicant by judge of the district court - Order.
§43A-5-308. Order authorizing admission.
§43A-5-309. Detention against will prohibited - Notice of desire to be discharged.
§43A-5-310. Mental Health Law provisions applicable.
§43A-5-311. Procedure as cumulative.
§43A-5-410. Petition regarding person requiring treatment.
§43A-5-411. Rights of individual alleged to require treatment.
§43A-5-413. Prehearing detention.
§43A-5-415. Hearing – Order - Records.
§43A-5-416. Alternatives to hospitalization.
§43A-5-417. Precommitment examination - Matters included.
§43A-5-419. Modification order - Notice - Contents of notice.
§43A-5-420. Review of status of persons involuntarily committed for treatment.
§43A-5-421. Emergency service patrols.
§43A-5-501. Short title - Legislative intent.
§43A-5-503. Voluntary and involuntary admission for treatment.
§43A-5-504. Jurisdiction – Venue - Powers of court.
§43A-5-505.1. Protective custody – Statements – Initial assessment.
§43A-5-506. Initial assessment - Emergency admission or detention –Evaluation - Hearing.
§43A-5-508. Mental health evaluation – Contents and signature - Records.
§43A-5-509. Filing of petition - Contents - Proposed individual treatment plan.
§43A-5-510. Notice of hearing on petition - Appointment of attorney - Evaluation report.
§43A-5-511. Hearings - Right to trial by jury.
§43A-5-513. Individualized treatment plan - Discharge plan.
§43A-5-521. Pilot projects for community-based system of care.
§43A-6-101. Nonresident consumers - Transfer to state of residence.
§43A-6-102. Transfer to federal agency for care and treatment.
§43A-6-103. Residents of state in institutions of other states - Admission to Oklahoma institution.
§43A-6-104. Bringing poor or indigent person into state.
§43A-6-201. Enactment of compact - Text.
§43A-6-202. Compact administrator - Powers.
§43A-6-203. Supplemental agreements.
§43A-6-204. Discharge of financial obligations.
§43A-6-205. Proposed transferees.
§43A-7-102. Discharge planning and assistance.
§43A-7-103. Clothing and expenses upon release.
§43A-7-104. Placement of homeless consumers.
§43A-7-105. Delivery of personal funds at time of discharge.
§43A-7-106. Return of property upon death or discharge.
§43A-7-108. Removal or enticement, assistance or encouragement to escape.
§43A-7-112. Judicial proceeding for declaration of restoration to soundness of mind - Procedure.
§43A-9-101. Voluntary treatment - Application - Admission - Discharge.
§43A-10-104. See the following versions:
§43A-10-105. Investigation of report.
§43A-10-106. Voluntary protective services.
§43A-10-107. Involuntary protective services.
§43A-10-108. Petition for involuntary protective services.
§43A-10-109. Utilization of available services.
§43A-10-109a. Uniform policies for Department employees providing services for vulnerable adults.
§43A-10-110. Confidentiality of records and reports.
§43A-10-110.1. Public disclosure.
§43A-10-111. District court orders - Visitation.
§43A-10-111.1. Vulnerable Adult Abuse, Neglect and Exploitation Report.
§43A-10-112. Vulnerable Adult Intervention Task Force - Members - Terms - Duties.
§43A-10-113. Sexual contact form for caretakers.
§43A-11-102. Legislative findings.
§43A-11-104. Execution - Rights not affected - Presumptions.
§43A-11-105. Validity - Witnesses - Eligibility as attorney-in-fact.
§43A-11-106. Form of advance directive - Designation and authority of attorney-in-fact.
§43A-11-109. Revocation - Actual notice.
§43A-11-111. Petition for appointment of guardian.
§43A-11-112. Immunity from civil or criminal liability.
§43A-11-113. Violations - Penalties.
§43A-12-104. Oklahoma Suicide Prevention Council - Responsibilities.
§43A-12-105. Authority of Department - Evaluation report.