1. A. If the Department of Human Services determines that a vulnerable adult is suffering from abuse, neglect, or exploitation presenting a substantial risk of death, or immediate and serious physical harm to the person or the estate of the person to the extent that an emergency exists, and the person lacks mental capacity to consent to receive protective services and no consent can be obtained, the Department may petition the district court in the county in which such person resides, or in the district court in the county where any of the protective services are to be provided, for an order:

   1. 1. Authorizing involuntary protective services and appointing a temporary guardian;
   2. 2. Freezing the assets of the vulnerable adult if the vulnerable adult is being exploited and directing a full accounting and investigation of the person alleged to be improperly managing the estate of the vulnerable adult; or
   3. 3. Revoking the powers of an attorney-in-fact.
2. B. The petition shall be sworn to and include the name, age, and address of the vulnerable adult who the Department has determined is in need of emergency protective services, the nature of the abuse, neglect, or exploitation, the services needed, and information relating to the capacity of the person to consent to services and the attempts of the Department to obtain consent and the name of the person or organization proposed to be appointed as temporary guardian.

3. C.

   1. 1. The vulnerable adult shall receive an opportunity for a hearing upon the petition, and shall be personally served with a copy of the petition and a notice scheduling hearing at least forty-eight (48) hours prior to any such hearing.

   2. 2.

      1. a. The hearing shall be set by the court on an expedited basis, but no later than five (5) calendar days from the date the notice scheduling hearing is signed by the judge. The vulnerable adult shall have a right to a closed hearing unless such vulnerable adult requests otherwise.

      2. b. Unless the vulnerable adult objects or the person requiring notification pursuant to this subparagraph is alleged to have abused, neglected or exploited the vulnerable adult, the following persons shall be notified of any hearing held pursuant to this subsection:

         1. (1) the legal guardian, guardian ad litem and caretaker of the vulnerable adult,
         2. (2) any person so requested by the vulnerable adult to be present at the hearing, and
         3. (3) persons required to be notified pursuant to Section 3-110 of Title 30 of the Oklahoma Statutes.

      3. c. Under no circumstances shall the court authorize the Department to consent or deny consent to a Do-Not-Resuscitate order or the withdrawal of hydration or nutrition or other life-sustaining treatment although the court retains jurisdiction to hear such matters under applicable law.

         1. (1) Upon sworn testimony of a representative of the Department or law enforcement officer, or statement of a district attorney, that immediate and reasonably forseeable death or serious physical harm to the vulnerable adult will result, the court may waive prior notice and enter a seventy-two-hour order whether or not during regular courthouse business hours. However, on the date of issuance of the seventy-two-hour order, the vulnerable adult and the attorney of the vulnerable adult, if known, shall be personally served with written notice scheduling a hearing within seventy-two (72) hours.
         2. (2) If a hearing on the seventy-two-hour order is declined, or upon conclusion of any such hearing, the court may terminate the temporary guardianship and involuntary services or enter a temporary thirty-day order as provided for in paragraph 2 of subsection D of this section.

   3. 3.

      1. a. The vulnerable adult has a right to be present and represented by counsel at any hearing authorized by this subsection. If the vulnerable adult is indigent or, in the determination of the court, lacks capacity to waive the light to counsel, the court shall immediately appoint counsel who shall personally contact the vulnerable adult prior to any hearing.
      2. b. If the vulnerable adult is not in attendance, the court shall make a special finding as to why the vulnerable adult is unable to attend, and, upon the request of the vulnerable adult or attorney, may continue the hearing to allow the vulnerable adult to attend.

      3. c.

         1. (1) If the vulnerable adult is indigent, the cost of representation by counsel shall be borne by court funds.
         2. (2) If the vulnerable adult is not indigent, the court may order costs of representation paid from the estate in the same manner as currently paid under the Oklahoma Guardianship and Conservatorship Act.

4. D.

   1. 1. After a hearing on the petition, the court may:

      1. a. issue an order for involuntary protective services and appoint a temporary guardian,
      2. b. issue an order freezing all assets of the vulnerable adult and order a full accounting and investigation of the person alleged to be improperly managing the vulnerable adult's estate, or
      3. c. revoke powers of attorney upon a finding that the attorney-in-fact failed to act appropriately on behalf of the vulnerable adult.

   2. 2. Whenever the court issues an order for involuntary protective services, the court shall adhere to the following limitations:

      1. a. only such protective services as are necessary to remove the conditions creating the emergency shall be ordered, and the court shall specifically designate the approved services in the order of the court,
      2. b. protective services authorized by an involuntary protective services order shall not include a change of residence unless the court specifically finds such action is necessary to remove the conditions creating the emergency and gives specific approval for such action in the order of the court. Emergency placement may be made to such facilities as nursing homes, personal medical institutions, foster care services and other home placements, or to other appropriate facilities; provided, however, emergency placement shall not be made to facilities for the acutely mentally ill,
      3. c. involuntary protective services may be provided for a period not to exceed thirty (30) calendar days, and
      4. d. in the court order, the court shall appoint the Department or an interested person or organization as temporary guardian of the person with responsibility for the welfare of such person and authority to give consent on behalf of the person for the approved protective services until the expiration of the order for involuntary protective services.
   3. 3. The issuance of an order for involuntary protective services and the appointment of a temporary guardian shall not deprive the vulnerable adult of any rights except to the extent validly provided for in the order or appointment.
   4. 4. To implement an order for involuntary protective services, the court may authorize forcible entry of the premises of the vulnerable adult to be protected for the purpose of rendering protective services or transporting the person to another location for the provision of such services only after a showing to the court that attempts to gain voluntary access to the premises have failed and forcible entry is necessary. Persons making authorized forcible entry shall be accompanied by a peace officer.
5. E. The vulnerable adult, the temporary guardian, or any interested person may petition the court to have the emergency order set aside or modified at any time.

6. F.

   1. 1. If the vulnerable adult continues to need involuntary protective services after the thirty-day order provided in paragraph 2 of subsection D of this section has expired, the temporary guardian shall immediately file a verified motion requesting the court to order either or both of the following:

      1. a. appointment of a guardian as provided by Title 30 of the Oklahoma Statutes, or
      2. b. application for commitment of the vulnerable adult to a nursing home, personal medical institution, foster care service or other home placement, or to some other appropriate facility other than a facility for the acutely mentally ill, for a period not to exceed six (6) months.

   2. 2. Service of the verified motion shall be made in conformity with subsection C of this section. Upon filing such motion, the court shall order that a physical, mental, and social evaluation of the vulnerable adult be conducted by the Department and that a report and plan of care be submitted to the court within thirty (30) days thereafter reflecting the evaluation findings and recommended services. The prior temporary order shall remain in effect pending the scheduling of a review hearing at the end of the thirty-day evaluation period. The evaluation shall include at least the following information:

      1. a. the address of the place where the person is residing and the person or agency which is providing care, treatment, or services at present,
      2. b. a summary of the professional treatment and services provided to the person by the Department or agency, if any, in connection with the problem creating the need for emergency protective services, and

      3. c. a medical and social evaluation, including, but not limited to, the Department's assessment of the person's capacity to consent to services, a psychological or psychiatric evaluation and review if the mental state of the person is in question, and any recommendations for or against maintenance of partial legal rights. The evaluation and review shall include recommendations for placement based upon the best interests of the vulnerable adult taking into consideration the following:

         1. (1) the least restrictive environment,
         2. (2) the desires of the vulnerable adult and legal guardian,
         3. (3) the desires of the caretaker of the vulnerable adult,
         4. (4) the physical and mental health needs of the vulnerable adult,
         5. (5) the available programs and services, and
         6. (6) the health, well-being and welfare of the vulnerable adult and the
   3. 3. At the conclusion of the hearing, the court shall either terminate the temporary guardianship and all involuntary services or continue the temporary guardianship and specify any necessary services to be provided by the Department for a period not to exceed six (6) months.
7. G. The petitioner shall not be liable for filing the petition if the petition was filed in good faith.

Laws 1977, SB 309, c. 264, § 8, emerg. eff. June 17, 1977; Amended by Laws 1984, HB 1309, c. 256, § 8, eff. November 1, 1984; Renumbered from 43A O.S. § 808 by Laws 1986, HB 2021, c. 103, § 103, eff. November 1, 1986; Amended by Laws 1987, SB 128, c. 120, § 1, eff. November 1, 1987; Amended by Laws 1993, SB 108, c. 159, § 5, emerg. eff. July 1, 1993; Amended by Laws 1994, HB 2601, c. 244, § 4, eff. September 1, 1994; Amended by Laws 1997, HB 1302, c. 195, § 11, eff. November 1, 1997 (superseded document available); Amended by Laws 1998, HB 2397, c. 298, § 5, eff. November 1, 1998 (superseded document available); Amended by Laws 1999, HB 1213, c. 78, § 4, emerg. eff. April 13, 1999 (superseded document available).