US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Oklahoma Statutes » Title 43A. Mental Health

§43A-10-107. Involuntary protective services.

A. If a vulnerable adult lacks the capacity to consent to receive protective services recommended by the Department of Human Services, these services may be ordered by a court on an involuntary basis through an emergency order. B. 1. In ordering emergency involuntary protective services for a vulnerable adult, the court shall authorize only that […]

§43A-10-108. Petition for involuntary protective services.

A. 1. If the Department of Human Services determines that a vulnerable adult is suffering from abuse, neglect, self-neglect, or financial neglect or exploitation presenting a substantial risk of death or immediate and serious physical harm to the person or financial exploitation of the estate of the person, and the vulnerable adult lacks mental capacity […]

§43A-10-109. Utilization of available services.

A. In providing any of the duties set forth in this act, the Department of Human Services may provide direct protective services. B. The Department may contract with any public or private agency for the provision of protective services. C. The Department shall utilize to the extent appropriate and available existing resources and services of […]

§43A-10-110. Confidentiality of records and reports.

A. The reports, records, and working papers used or developed in an investigation of the circumstances of a vulnerable adult pursuant to the provisions of the Protective Services for Vulnerable Adults Act are confidential and may be disclosed only pursuant to rules promulgated by the Commission for Human Services, by order of the court or […]

§43A-10-110.1. Public disclosure.

A. For purposes of this section: 1. “Near death” means the vulnerable adult is in serious or critical condition, as certified by a physician, as a result of abuse or neglect; and 2. “Vulnerable adult” shall be defined as provided in Section 10-103 of Title 43A of the Oklahoma Statutes. B. When a person responsible […]

§43A-10-111. District court orders – Visitation.

A. 1. The district courts are vested with jurisdiction to issue orders and enforce orders restricting visitation, by the custodian or by any other person specified by the court, of a vulnerable adult who is receiving or has been determined to need protective services pursuant to the Protective Services for Vulnerable Adults Act. 2. Whenever […]

§43A-10-111.1. Vulnerable Adult Abuse, Neglect and Exploitation Report.

A. On or before January 1, 2019, the Office of the Attorney General shall promulgate and maintain the Vulnerable Adult Abuse, Neglect and Exploitation Report, accessible to the public on the Internet in an electronic format that is easily and readily searchable. B. The report created in subsection A of this section shall be maintained […]

§43A-10-112. Vulnerable Adult Intervention Task Force – Members – Terms – Duties.

A. The Department of Human Services, together with the Department of Mental Health and Substance Abuse Services, shall develop and implement a Vulnerable Adult Intervention Task Force. The purpose of the task force shall be to study and examine how to best provide interdisciplinary community assistance, intervention, and referral services for persons with mental or […]

§43A-10-113. Sexual contact form for caretakers.

The Department of Human Services shall develop and disseminate a form to all providers of residential or vocational and employment services for incapacitated persons or vulnerable adults which shall be signed and witnessed by each caretaker working with incapacitated persons or vulnerable adults notifying the caretaker that the caretaker may be prosecuted criminally for having […]

§43A-10-114. Training for Adult Protective Services specialists – Individuals with cognitive impairment.

The Department of Human Services shall require all Adult Protective Services (APS) specialists to receive training regarding the recognition of individuals with cognitive impairment, effective intervention in cases involving the abuse and exploitation of individuals who are cognitively impaired and securing the safety of abused and exploited individuals with dementia. Added by Laws 2019, c. […]

§43A-11-101. Short title.

This act shall be known and may be cited as the “Advance Directives for Mental Health Treatment Act”. Added by Laws 1995, c. 251, § 1, eff. Nov. 1, 1995.

§43A-11-102. Legislative findings.

A. The Legislature finds that all competent persons have the fundamental right to control decisions relating to their own mental health treatment, including the decision to accept mental health treatment. B. A capable adult may make an advance directive of mental health treatment preferences or instruction which may include, but is not limited to, consent […]

§43A-11-103. Definitions.

Whenever used in the Advance Directives for Mental Health Treatment Act: 1. “Advance directive for mental health treatment” means a written document voluntarily executed by a declarant in accordance with the requirements of this act and includes: a.a declaration, or b.the appointment of an attorney-in-fact; 2. “Attending physician or psychologist” means the physician or psychologist […]

§43A-11-104. Execution – Rights not affected – Presumptions.

A. Any capable person eighteen (18) years of age or older may execute an advance directive for mental health treatment stating the mental health treatment wishes of the person in the event the person is determined to be incapable and mental health treatment is determined to be necessary as provided by Section 10 of this […]

§43A-11-105. Validity – Witnesses – Eligibility as attorney-in-fact.

A. An advance directive for mental health treatment is valid only if it is signed by the declarant and two capable witnesses eighteen (18) years of age or older. The witnesses shall attest that the declarant: 1. Is known to them; 2. Signed the advance directive for mental health treatment in their presence; 3. Appears […]

§43A-11-108. Delivery of advance directive to attending physician or psychologist – Duty of attending physician or other mental health treatment provider.

A. It shall be the responsibility of the declarant to provide for delivery of the advance directive for mental health treatment to the attending physician or psychologist. 1. In the event the declarant is comatose, incompetent, or otherwise mentally or physically incapable after executing the advance directive for mental health treatment, any other person may […]