SECTION 340:2-4-1. Purpose, legal basis, and definitions

(a)   Purpose. The Oklahoma Department of Human Services (DHS) Office of the Public Guardian provides guardianship services throughout Oklahoma to criminal defendants, who are deemed incompetent to stand trial due to intellectual disability, per Section 1408 of Title 10 of the Oklahoma Statutes (10 O.S. § 1408), and were found by the Court to be dangerous, per 22 O.S. § 1175.1. The DHS Office of the Public Guardian must place wards in the least restrictive placement, which ensure appropriate levels of supervision and supports, sufficient to keep the ward and public safe.

(b)   Legal basis. Statutory authority for the DHS Office of the Public Guardian is derived from 22 O.S. § 1175.6b.

(c)   The following words and terms, when used in this Subchapter shall have the following meanings unless the context clearly indicates otherwise:

(1)   "Court" means the district court assigned to hear criminal matters in the jurisdiction where the crime was committed and the ward was charged.

(2)   "Public guardian" means the attorney who is the DHS administrator of the Office of the Public Guardian.

(3)   "Ward" means a person placed in the custody of the DHS Office of the Public Guardian by court order, per requisite statutory requirements.

[Source: Added at 37 Ok Reg 1743, eff 9-15-20]