FEBRUARY 2025 | 33 THE OKLAHOMA BAR JOURNAL LIFE TAKES A VETERAN THROUGH MANY EXPERIENCES both during and after their service. Those experiences can take a toll on the mental health of a veteran. Sometimes, they come in contact with concerned family members, police or social services. These contacts may involve the veteran going to a Veterans Affairs hospital. When it does, the legal system is there to help. The Oklahoma City VA Medical Center treats roughly 75,000 veterans per year, with two-thirds of their patients having a mental health diagnosis.1 Oklahoma veteran suicide rates were significantly higher than the national general population suicide rates and higher than the national average veteran suicide rates.2 Sometimes, the issues the veteran is dealing with are at a level of harm to themselves or others. At this point, hospital staff consider inpatient treatment. When a veteran requires inpatient mental health treatment and is either unable or unwilling to undergo treatment, physicians at the veteran’s local VA hospital will petition the state district court in the county where the hospital is located for involuntary commitment of the veteran.3 In determining if the veteran is to be involuntarily committed, the court could find a program other than hospitalization, such as an assisted outpatient treatment program, adequate to meet the treatment needs of the veteran and sufficient to prevent injury to the veteran or others.4 This is the preferred method and is usually attempted by hospital staff prior to the request for hospitalization. A physician will attach to the petition a mental evaluation containing the circumstances that brought the veteran to the facility, the issues the veteran is dealing with while at the facility and the ways in which less restrictive means have been tried to treat the veteran.5 The veteran, if they are able, may request a family member, friend or guardian be made aware of their detention.6 Unfortunately, in many instances, the veteran – due to the nature of their condition – won’t be able to give this information. This makes the role of the attorney for the veteran an important position as a voice for the veteran’s rights and best interests. The veteran is usually held at the facility by a prehearing detention order after the physician requests the veteran be detained prehearing and immediately sets the date, place and time for the veteran’s hearing.7 The veteran possesses several rights in regard to the hearing on the petition, including the right to notice; counsel at no expense to the veteran if determined to be indigent; a closed hearing; a jury trial; the right to be present at the hearing; and the right to cross- examine witnesses. The veteran is either represented by their own counsel they have hired, a public defender or an attorney specifically contracted with that county to represent individuals in involuntary commitment hearings.8 The Department of Veterans Affairs is represented by a member of the U.S. Attorney’s Office or an in-house attorney for the VA. Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
RkJQdWJsaXNoZXIy OTk3MQ==