Okla. Stat. tit. 43A, § 43A-10-107
This is the official text of Okla. Stat. tit. 43A, § 43A-10-107, part of Oklahoma’s Stat. tit. 43A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 43A,." Browse the sections below, each linked to its official government source.
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Involuntary protective services
Official statutory text
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
Oklahoma Statutes - Title 43A. Mental Health Page 217
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.
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
Oklahoma Statutes - Title 43A. Mental Health Page 217
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.
Status: in_force · Read it on the official government site
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