Req. No. 528 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1042 By: Howard
AS INTRODUCED
An Act relating to guardianship; defining terms;
authorizing application for court order for
transportation of a ward to an inpatient treatment
facility; establishing criteria for certain
determination; prohibiting presumption of
incompetence under certain circumstances ; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-131 of Title 30, unless there
is created a duplication in numbering, reads as fol lows:
A. As used in this act:
1. “Gravely disabled” means a condition in which a person,
because of a mental disorder, is unable to provide for his or her
basic personal needs for food, clothing, or shelter; and
2. “Inpatient mental health treatment” means a treatment
service offered or provided for a continuous period of more than
twenty-four (24) hours in residence after admission to a mental
Req. No. 528 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
health or substance abuse treatment facility for the purpose of
observation, evaluation, or treatment.
B. A guardian who has obtained an order by a court for
inpatient mental health treatment for the ward may apply for an
order requiring either municipal or county officials to retrieve and
deliver the gravely disabled ward to an inpatient treatment facility
when one of the following criteria is met:
1. The ward is unable to utilize the means available to provide
for his or her basic personal needs regarding food, clothing, or
shelter. Considerations that shall be made when making this
evaluation include but are not limited to:
a. whether lab examinations reveal signs of malnutrition
or dehydration,
b. whether there is observed, do cumented behavior showing
an inability to consume adequate amounts of food or
water due to a mental illness,
c. whether there is a history of public nudity or an
inadvertent exhibiti onism which has been observed and
documented and is due to a men tal illness,
d. the existence of physical evidence of exposure to the
environment due to mental illness symptoms which
prevent the ward from wearing adequate clothing,
Req. No. 528 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
e. whether there is observed behavior and symptoms of a
mental illness which prevents the ward from utilizing
or obtaining adequate shelter ,
f. the existence of a repeated and recent history of
failure to maintain adequate shelter in the community
due to behaviors and symptoms of a mental illness, or
g. evidence of a failure to maintain a shelter in a
manner that is safe to live in, due to symptoms of a
mental illness;
2. The ward is unable to voluntarily request and receive
assistance for his or her basic personal needs; or
3. The ward is unable to survive safely without involuntary
detention and does not have the help of family members, friends, or
others to provide the person’s basic personal needs regarding food,
clothing, or shelter.
C. No person shall be presumed to be incompetent because the
person has been evaluated or treated f or a mental disorder,
regardless of whether such evaluation or treatment was voluntarily
or involuntarily received.
SECTION 2. This act shall become effective November 1, 2023.
59-1-528 TEK 1/19/2023 12:56:19 PM