Okla. Stat. tit. 30 § 3-108

Current through Laws 2024, c. 453.

Section 3-108 - Evaluations of subject of proceeding

A. After the filing of the petition, the court may, on its own motion or at the request of any party to the proceeding, if the court determines it to be for the best interest of the ward, order an evaluation of the subject of the proceeding in connection with any proceeding pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act where the capacity of said person is a material issue.

B. Any evaluations made pursuant to the Oklahoma Guardianship and Conservatorship Act, as appropriate for the condition or alleged condition of the person being evaluated, shall be performed by:

1. A physician;

2. A psychologist;

3. A social worker with a graduate degree in social work and field training or experience in working with incapacitated or partially incapacitated persons; or

4. Other expert with knowledge of the particular incapacity or disability which the individual is alleged or has been found to have, or knowledge of the skills required to meet the essential requirements for the individual's physical health or safety or to manage that individual's financial resources.

C. An evaluation report prepared and signed by the person or persons performing the evaluation shall be submitted to the court prior to the hearing at which the court shall consider the report. The report shall include, but not be limited to:

1. A description of the nature and extent of the incapacity of the person, if any;

2. A description of the mental, emotional and physical condition of the person, his ability to function in the ordinary activities of daily life and, if appropriate, the educational condition, adaptive behavior and social skills of the person;

3. An opinion regarding the kind and extent of assistance, if any, required by the person;

4. An assessment and review of any services necessary to provide for the well-being of the person in the following areas:

a. physical health,

b. mental health,

c. social skills, and

d. adequate and appropriate living conditions;

5. An opinion regarding:

a. the probability that the extent of the incapacity, if any, of the person may significantly lessen or increase, and

b. the type of services or treatment, if any, appropriate for the subject of the proceeding or which could facilitate improvement in the condition of the subject of the proceeding; and

6. A description of any tests or other evaluative techniques used.

Okla. Stat. tit. 30, § 3-108

Added by Laws 1988, HB 1078, c. 329, § 45, eff. 12/1/1988; Amended by Laws 1990, HB 2176, c. 323, § 31, emerg. eff. 7/1/1990.