Okla. Stat. tit. 43A, § 5-416
Alternatives to Hospitalization
Effective Nov 1, 1997Laws 1980, SB 633, c. 324, § 10, emerg. eff. June 17, 1980; Amended by Laws 1986, HB 2021, c. 103, § 80, eff. November 1, 1986; Renumbered from 43A O.S. § 54.9 by Laws 1986, HB 2021, c. 103, § 103, eff. November 1, 1986; Amended by Laws 1987, SB 323, c. 141, § 2, eff. November 1, 1987; Amended by Laws 1988, HB 2001, c. 260, § 12, eff. November 1, 1988; Amended by Laws 1990, SB 866, c. 51, § 99, emerg. eff. April 9, 1990; Renumbered from 43A O.S. § 5-405 by Laws 1997, HB 2024, c. 387, § 12, eff. November 1, 1997 (superseded document available).
- A. The court, in considering a commitment petition filed under Section 5-211 of this title or Section 5-401 of this title, shall not order hospitalization without a thorough consideration of available treatment alternatives to hospitalization, and without addressing, at the time of hospitalization, the patient's competency to consent to or refuse the treatment that is ordered, including but not limited to the patient's right to refuse psychotropic medications.
B. If the court, in considering a commitment petition filed under Section 5-211 of this title or Section 5-401 of this title, finds that a program other than hospitalization is adequate to meet the individual's treatment needs and is sufficient to prevent injury to the individual or to others, the court may order the individual to receive whatever treatment other than hospitalization is appropriate for a period of ninety (90) days, during which time the court shall continue its jurisdiction over the individual as a person requiring treatment. If at any time during the ninety-day period it comes to the attention of the court from a person competent to file a petition, as set forth in this title, that the individual ordered to undergo a program of alternative treatment to hospitalization is not complying with the order or that the alternative treatment program has not been sufficient to prevent harm or injury which the individual may be inflicting upon himself or others, the court may order the person to show cause why the court shall not do one or more of the following:
- 1. Consider other alternatives to hospitalization, modify or rescind the original order or direct the individual to undergo another program of alternative treatment for the remainder of the ninety-day period, or for a period not to exceed twelve (12) months, if necessary and appropriate, based on written findings of the court;
- 2. Enter an order of admission pursuant to the provisions of the Mental Health Law, directing that the person be hospitalized and, if the individual refuses to comply with this order of hospitalization, the court may direct a peace officer to take the individual into protective custody and transport such person to a public or private facility designated by the court;
- 3. If at the date of expiration of an order of alternative treatment it is believed that the individual continues to require treatment, a petition for a determination that the individual is a person requiring treatment may be filed pursuant to this title; or
- 4. Prior to ordering the hospitalization of an individual, the court shall inquire into the adequacy of treatment to be provided to the individual by the facility, and hospitalization shall not be ordered unless the facility in which the individual is to be treated can provide such person with treatment which is adequate and appropriate to such person's condition.
- C. At the request of the administrator of a facility to which a person has been involuntarily committed for inpatient treatment pursuant to the provisions of Section 5-212 of this title or Section 5-401 of this title, or at the request of such person, the court may modify an order for involuntary commitment and order alternative treatment pursuant to the provisions of this section.
- D. Nothing in this section shall prohibit the Department of Mental Health and Substance Abuse Services, or the court, from discharging a person admitted pursuant to this section, at a time prior to the expiration of the ninety-day period of alternative treatment, or any extension thereof. The Department of Mental Health and Substance Abuse Services shall issue a report to the court, outlining the disposition of each person admitted pursuant to this section, subsequent to discharge.
Laws 1980, SB 633, c. 324, § 10, emerg. eff. June 17, 1980; Amended by Laws 1986, HB 2021, c. 103, § 80, eff. November 1, 1986; Renumbered from 43A O.S. § 54.9 by Laws 1986, HB 2021, c. 103, § 103, eff. November 1, 1986; Amended by Laws 1987, SB 323, c. 141, § 2, eff. November 1, 1987; Amended by Laws 1988, HB 2001, c. 260, § 12, eff. November 1, 1988; Amended by Laws 1990, SB 866, c. 51, § 99, emerg. eff. April 9, 1990; Renumbered from 43A O.S. § 5-405 by Laws 1997, HB 2024, c. 387, § 12, eff. November 1, 1997 (superseded document available).