Oklahoma Senate Bill SB1042

Oklahoma 2023 Regular Session

• Introduced: 2/6/23
• Refer: 2/7/23

Caption

Guardianship; authorizing application for court order for transportation of a ward to an inpatient treatment facility; establishing criteria for certain determination. Effective date.

Impact

The bill is set to potentially augment existing guardianship laws by providing a structured approach to involuntary treatment for individuals facing severe mental health issues. By establishing specific criteria for determining the need for transportation of a gravely disabled person, the bill aims to cater to individuals who may be unable to seek help voluntarily. These criteria include assessments related to the person's ability to maintain adequate shelter and their overall safety, based on observable behaviors attributable to mental illness.

Summary

Senate Bill 1042 focuses on guardianship laws in Oklahoma, specifically addressing the criteria and processes for transporting individuals deemed gravely disabled to inpatient mental health treatment facilities. The bill defines 'gravely disabled' as a state in which a person, due to a mental disorder, is unable to fulfill their basic needs for food, clothing, or shelter. One of the key components of this bill is the authorization for guardians who obtain a court order for inpatient treatment to apply for an order to have municipal or county officials assist in transporting the ward, when certain criteria are met.

Contention

Opponents of the bill may raise concerns regarding the implications of defining individuals as gravely disabled, especially in relation to their rights and freedoms. The prohibition against presuming incompetence due to mental health evaluations or treatments suggests an effort to protect individuals' rights. Nevertheless, the measure's reliance on potentially subjective assessments might lead to contention regarding how these criteria are applied and whether they infringe on personal liberties.