2015 Oklahoma Statutes
Title 43A. Mental Health
§43A-10-107. Involuntary protective services.

43A OK Stat § 43A-10-107 (2015) What's This?

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 intervention which it finds to be least restrictive of the liberty and rights of such person, while consistent with the welfare and safety of the person. The basis for such finding shall be stated in the record by the court.

2. Whenever it is consistent with the welfare and safety of the person, the court shall authorize that involuntary protective services be administered to the vulnerable adult in the present living accommodations of that person.

C. 1. Payment for involuntary protective services provided to a vulnerable adult determined by the court to be in need of involuntary protective services pursuant to this section or Section 10-108 of this title shall be made:

a.from assets of the vulnerable adult receiving emergency involuntary protective services, if the court so orders after a showing by the Department that the person has adequate assets to make such payment, and that payment for the involuntary protective services will not cause the person to go without other necessities of life. Prior to any hearing on the assets or issuance of an order pursuant to this subparagraph, the legal guardian, caretaker and guardian ad litem of the vulnerable adult, any person so requested by the vulnerable adult and persons required to be notified pursuant to Section 3-110 of Title 30 of the Oklahoma Statutes shall be notified of such hearing and order,

b.from any private or public assistance programs for which the person is eligible, or

c.as provided by paragraph 2 of subsection D of Section 10-106 of this title if the person has inadequate assets to make such payments as ordered by the court, and no private or public funds are available to the person, from a fund established by the Department for the purpose of providing emergency adult protective services, subject to availability of funds.

2. The person has a right to be present and represented by counsel at any hearing. If the vulnerable adult is indigent or, in the determination of the court, lacks capacity to waive the right to counsel, the court shall appoint counsel. If the person is indigent, the cost of representation by counsel shall be borne by this state.

D. Upon the request of an authorized representative of the Department, the district attorney of the county in which the person alleged or found by a court to be in need of involuntary protective services resides shall provide legal representation for the Department in any local proceedings related to the provision of involuntary protective services pursuant to this section or Section 10-108 of this title.

Added by Laws 1977, c. 264, § 7, emerg. eff. June 17, 1977. Amended by Laws 1984, c. 256, § 7, eff. Nov. 1, 1984; Laws 1986, c. 103, § 100, eff. Nov. 1, 1986. Renumbered from § 807 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1993, c. 159, § 4, eff. July 1, 1993; Laws 1994, c. 244, § 3, eff. Sept. 1, 1994; Laws 1997, c. 195, § 10, eff. Nov. 1, 1997; Laws 1999, c. 78, § 3, emerg. eff. April 13, 1999; Laws 2003, c. 332, § 7, emerg. eff. May 29, 2003.

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