Asked in Health Care Law for Oklahoma

Q: Can a consumer who is voluntarily seeking treatment and has a safety plan be placed in emergency detention?

My wife went to a police department in the town we live in & had an assessment done. After returning the officer told me she didn't meet e d criteria but there was something there. The following day she again went in for an assessment voluntarily. That's when a e d was placed. Despite me telling the hospital if she was to leave the facility to contact me. That she gets confused sometimes and I didn't want her leaving with a stranger. She was taken out of our county of residence into another county. My wife called and said they were getting her discharge papers ready & asked for me to pick her up. She called back a few hours later and said they wasn't releasing her. She was moved into another county and is being held against her will. I later went to take her glasses to her because she cannot see without them. I was then told by the director that absolutely no personal property was allowed. He said they have glasses all they gave to do is ask.

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1 Lawyer Answer
Charles Watts
Charles Watts
  • Licensed in Oklahoma

A: If the person meets criteria for emergency detainment for mental/consumer related things, then yes the person can be taken into custody. This is custody of the state mental health system, and not specifically county, therefore they transfer frequently to other care facilities in order to provide the best care to the person while maximizing resource efficiency. If you truly feel she is 'held against her will' then you need to contact an attorney in your area to assist you.

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