SECTION 340:2-4-3. Ward placement requirements

(a)   Placement requirements. To place a ward into the Oklahoma Department of Human Services (DHS) Office of the Public Guardian, he or she must be:

(1)   a defendant in a criminal matter, misdemeanor or felony, in any Oklahoma district court;

(2)   found incompetent to stand trial in a criminal matter due to intellectual disability, per Section 1408 of Title 10 of the Oklahoma Statutes (10 O.S. § 1408); and

(3)   deemed dangerous by the court, per 22 O.S. § 1175.1.

(b)   Ward placement procedure. When a valid order placing an individual in the custody of the DHS Office of the Public Guardian is received by DHS Legal Services (LS), LS forwards the order and all information on him or her to the Office of the Public Guardian.

(1)   When the Office of the Public Guardian receives the information from LS, Office of the Public Guardian staff meets with Developmental Disabilities Services (DDS) staff to begin the evaluation process to determine what level of DDS placement best meets his or her service and supervision needs. Office of the Public Guardian staff accompanies DDS intake staff for the initial assessment, when possible.

(2)   Ward placement is at the Office of the Public Guardian's sole discretion, per 22 O.S. 1175.6b(A)(2). All placements must be made within six months of the date of the order placing the ward in the custody of the Office of the Public Guardian.

(3)   Any extension past the six months must be approved by the court.

(c)   Public guardian status reports. The Office of the Public Guardian reports to the court of jurisdiction at least once every six months. The information for these reports are obtained from the individual's DDS case manager and include:

(1)   the placement type;

(2)   the services provided;

(3)   the supervision level;

(4)   his or her medical and psychological health;

(5)   if he or she would be dangerous if conditionally released into a non-secure environment;

(6)   the assistance and services that are required for such conditional release and if he or she has achieved competency; and

(7)   other information the Office of the Public Guardian deems important or pertinent.

(d)   Conditional Release. When a criminal defendant is found incompetent to stand trial due to intellectual disability, per 10 O.S. § 1408, and is deemed not dangerous, per 22 O.S. § 1175.1, he or she may be referred to DHS for consideration of voluntary assistance or conditional release.

(e)   Procedure. When a valid order for conditional release is entered and received by DHS LS, the order and information pertaining to the individual is forwarded to the Office of the Public Guardian.

(f)   Public guardian role. When a conditional release individual is in a DDS placement or receives DDS services, the Office of the Public Guardian assists the individual's personal support team, when necessary, regarding the conditional release order or requests to modify orders.

(g)   Conditional release status reports. The Office of the Public Guardian submits annual reports regarding an individual's compliance with the conditions of release and overall progress. When the individual receives DDS services, the information is obtained from the DDS case manager and, when he or she is in any other placement, the information is obtained from the person responsible for the individual's care. When there are major non-compliances between annual reports, the Office of the Public Guardian notifies the court of jurisdiction.

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