Oklahoma 2023 Regular Session

Oklahoma House Bill HB2746 Compare Versions

Version 1 (Old)

Version 2 (New)

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	30	+	April 11, 2023
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3	34		BILL NO. 2746 By: Miller, Dollens, and
4	35		Schreiber of the House
5	36
6	37		and
7	38
8	39		Kirt and Bullard of the
9	40		Senate
10		-
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15	45		An Act relating to guardianships; creating the
16	46		Courtney Smith Act; defining terms; allowing for the
17	47		transportation of a ward to an inpatient treatment
18	48		facility; requiring certain conditions; creating
19	49		restriction; providing for codification; and
20	50		providing an effective date.
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23		-	~~SUBJECT: Guardianships and the Courtney Smith Act~~
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25	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
26		-
27	56		SECTION 1. NEW LAW A new section of law to be codified
28	57		in the Oklahoma Statutes as Section 30 of Title 30, unless there is
29	58		created a duplication in numbering, reads as fo llows:
30		-
31	59		This act shall be known and may be cited as the "Courtney Smith
32	60		Act".
33		-
34	61		SECTION 2. NEW LAW A new section of law to be codified
35	62		in the Oklahoma Statutes as Section 31 of Title 30, unless there is
36	63		created a duplication in numberi ng, reads as follows:
	64	+	A. As used in this act:
37	65
38		-	A. As used in this act:
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39	91
40	92		1. "General guardianship" means a relationship where a person
41	93		has been appointed by a court to serve as the guardian of an
42	94		incapacitated person to ensure that the essential requirements for
43	95		the health and safety of the person are met, to manage the estate or
44	96		financial resources of the person, or both;
45		-	ENR. H. B. NO. 2746 Page 2
46	97		2. "Gravely disabled" means a condition in which a person,
47	98		because of a mental illness, is unable to provide for his or her
48	99		basic personal needs for food, clothing, or shelter;
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50	100		3. "Inpatient mental health treatment" means a treatment
51	101		service offered or provided for a continuous period of more than
52	102		twenty-four (24) hours in residence after admission to a mental
53	103		health or substance abuse treatment facility for the purpose of
54	104		observation, evaluation, or treatment; and
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56	105		4. "Ward" means a person over whom a guardian is appointed and
57	106		a person over whose property a guardian or conservator is appointed.
58		-
59	107		B. A guardian who has general guardianship and who has obtained
60	108		an order by a court for inpatient mental health treatment for the
61	109		ward may apply for an order requiring either municipal or county
62	110		officials to retrieve, only if in an unsheltered environment, and
63	111		deliver the gravely disabled ward to an inpatient treatment
64	112		facility, pursuant to Section 1 -110 of Title 43A of the Oklahoma
65		-	Statutes, when one of the following criteria is met:
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	113	+	Statutes, when one of the following criteria are met:
67	114		1. The ward is unable to utilize the means available to provide
68	115		for his or her basic personal needs regarding food, clothing, or
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69	143		shelter. Considerations that shall be made when making this
70	144		evaluation shall include, but not be limited to, the following:
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72	145		a. whether lab examinations reveal signs of malnutrition
73	146		or dehydration,
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75	147		b. whether there is observed, do cumented behavior showing
76	148		an inability to consume adequate amounts of food or
77	149		water due to a mental illness,
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79	150		c. whether there is a history of public nudity or
80	151		inadvertent exhibitionism which has been observed and
81	152		documented and is due to a men tal illness,
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83	153		d. the existence of physical evidence of exposure to the
84	154		environment due to mental illness symptoms which
85	155		prevent the ward from wearing adequate c lothing,
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87	156		e. whether there is observed behavior and symptoms of a
88	157		mental illness which prevent the ward from utilizing
89	158		or obtaining adequate shelt er,
90		-	ENR. H. B. NO. 2746 Page 3
91	159		f. the existence of a repeated and recent history of
92	160		failure to maintain adequate shelter in the community
93	161		due to behaviors and symptoms of a mental illness, or
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95	162		g. evidence of a failure to maintain a shelter in a
96	163		manner that is safe to live in, due to symptoms of a
97	164		mental illness;
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99	165		2. The ward is unable to voluntarily request and receive
100	166		assistance for his or her basic personal needs; or
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102	194		3. The ward is unable to survive safely without involuntary
103	195		detention and does not have the help of family members, friends, or
104	196		others to provide the ward's basic personal needs regarding food,
105	197		clothing, or shelter.
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107	198		C. No person shall be presumed to be incompetent because the
108	199		person has been evaluated or treated f or a mental illness,
109	200		regardless of whether such evaluation or treatment was voluntarily
110	201		or involuntarily received.
111		-
112	202		SECTION 3. This act shall become eff ective November 1, 2023.
113		-	ENR. H. B. NO. 2746 Page 4
114		-	Passed the House of Representatives the 13th day of March, 2023.
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119		-	Presiding Officer of the House
120		-	of Representatives
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124		-	Passed the Senate the 25th day of April, 2023.
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129		-	Presiding Officer of the Senate
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132		-	OFFICE OF THE GOVERNOR
133		-	Received by the Office of the Governor this ____________________
134		-	day of ___________________, 20_______, at _______ o'clock _______ M.
135		-	By: _________________________________
136		-	Approved by the Governor of the State of Oklahoma this _____ ____
137		-	day of ___________________, 20_______, at _______ o'clock _______ M.
138		-
139		-
140		-	_________________________________
141		-	Governor of the State of Oklahoma
142		-
143		-	OFFICE OF THE SECRETARY OF STATE
144		-	Received by the Office of the Secretary of State this __________
145		-	day of ___________________, 20_______, at _______ o'clock _______ M.
146		-	By: _________________________________
	203	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	204	+	April 11, 2023 - DO PASS