Right to counsel

The same provisions that govern civil commitment in Oklahoma can be used to compel an individual to participate in treatment on an outpatient basis. See Okla. Stat. tit. 43A § 1-103(13)(b) (“The mental health or substance abuse history of the person may be used as part of the evidence to determine whether the person is a person requiring treatment or an assisted outpatient.”)

Oklahoma’s mental health laws guarantee a person alleged to require involuntary treatment due to “mental illness” or “drug or alcohol dependency” with a right to court-appointed counsel if they are found to be indigent. Okla. Stat. tit. 43A, § 5-411(A)(2) provides that “An individual alleged to be a person requiring treatment shall have the following rights: . . . The right to counsel, including court-appointed counsel, and if the person has no counsel, that the court shall appoint an attorney to represent the person at no cost if the person is an indigent person and cannot afford an attorney.” The person alleged to require treatment also has a right to notice of their ability to obtain a court-appointed attorney. Okla. Stat. tit. 43A, § 5-412(B)(5). Further, the person alleged to require treatment can obtain their own counsel or replace the court-appointed counsel, and if the person files an affidavit that they are indigent, the attorney’s fees will be paid from the court fund, subject to limits set by the court. Okla. Stat. tit. 43A, § 5-411(D)(2)-(3).

As to juveniles

Involuntary commitment and treatment proceedings for juveniles due to mental health or substance dependency are governed by a separate section of the code. Minors also have the right to counsel in such matters under Okla. Stat. tit. 43a, § 5-510 (“Upon the filing of a petition alleging a minor to be a minor in need of treatment, the court shall: … Appoint an attorney to represent the minor if the minor is not represented by counsel.”); see also Okla. Stat. tit. 43a, § 5-415 (requiring court to order “the least restrictive treatment consistent with treatment needs”, including “whatever treatment other than hospitalization that is appropriate”).