Okla. Stat. tit. 10A, § 10A-2-7-301 — OK Code / Title 10A / Section 10A-2-7-301
Office of Juvenile Affairs - Responsibilities,
Status: in_force

offices, programs - Transfer of employees, powers, duties, etc.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 402

A. Effective July 1, 2006, in addition to other

responsibilities specified by law, the Office of Juvenile Affairs

shall:

1. Be the state planning and coordinating agency for statewide

juvenile justice and delinquency prevention services; provided, it

shall give full consideration to any recommendations of the Oklahoma

Association of Youth Services regarding community-based facilities,

programs or services;

2. Provide court intake, probation and parole for delinquent

children; and

3. Collect and disseminate information and engage in juvenile

justice or delinquency prevention activities relating to the

provisions of the Oklahoma Juvenile Code.

B. The Office of Juvenile Affairs shall include the following:

1. The Office of Advocate Defender;

2. The Office of the Parole Board which shall consist of the

Parole Review and Hearing Board; and

3. Such other offices prescribed by the Executive Director of

the Office of Juvenile Affairs or by law.

C. 1. Effective July 1, 2006, the following programs are

established within the Office of Juvenile Affairs:

a. programs for community intervention and diversion

projects to prevent juvenile delinquency,

b. state programs for children who are potentially

delinquent and/or who are adjudicated delinquent,

c. programs for community disciplinary projects,

d. programs of juvenile crime restitution,

e. the Juvenile Offender Tracking Program,

f. regimented juvenile training programs,

g. the Delinquency and Youth Gang Intervention and

Prevention Act, and

h. such other programs prescribed by the Executive

Director of the Office of Juvenile Affairs or by law.

2. Beginning July 1, 1995, the Office of Juvenile Affairs, in

cooperation with the courts, shall develop programs which can be

used directly by the Office of Juvenile Affairs or can be used in

communities with the assistance of the Office of Juvenile Affairs to

divert juveniles at risk of becoming delinquent from the formal

court process. Any such programs shall meet the requirements of

Section 2-2-404 of this title.

D. Beginning July 1, 1995, the Office of Juvenile Affairs, in

its role as coordinator for delinquency prevention services, shall,

after full consideration of any recommendation of the Oklahoma

Association of Youth Services:

1. Establish guidelines for juvenile delinquency prevention and

diversion programs for use in community-based programs, including

but not limited to:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 403

a. counseling programs,

b. recreational programs,

c. job skills workshops,

d. community public improvement projects,

e. mediation programs,

f. programs to improve relationships between juveniles

and law enforcement personnel,

g. diagnostic evaluation services,

h. substance abuse prevention programs,

i. independent living skills and self-sufficiency

planning programs, and

j. case management services; and

2. Provide that personnel shall be available in each county of

the state to assist local communities in developing and implementing

community programs to prevent delinquency and to divert juveniles

who have committed delinquent acts from committing further

delinquent or criminal acts. The Office of Juvenile Affairs shall

provide this service in each county either directly or by contract.

E. 1. On July 1, 2006, the following programs or divisions,

which were transferred from the Department of Human Services to the

Department of Juvenile Justice on July 1, 1995, shall be

transferred, along with funding allocations, to the Office of

Juvenile Affairs:

a. the Residential Services Unit of the Office of

Juvenile Justice and all staff for the Unit,

b. the Quality Assurance Monitoring Unit of the Office of

Juvenile Justice and all staff for the Unit,

c. the Contract Management/Youth Services Unit of theOklahoma Statutes - Title 10A. Children and Juvenile Code Page 6the

Department of Juvenile Justice on July 1, 1995, shall be

transferred, along with funding allocations, to the Office of

Juvenile Affairs:

a. the Residential Services Unit of the Office of

Juvenile Justice and all staff for the Unit,

b. the Quality Assurance Monitoring Unit of the Office of

Juvenile Justice and all staff for the Unit,

c. the Contract Management/Youth Services Unit of the

Office of Juvenile Justice and all staff for the Unit,

d. the Psychological Unit of the Office of Juvenile

Justice and all staff for the Unit,

e. the Juvenile Services Unit and all field and

supervisory staff for the Unit,

f. all institutional staff for institutions transferred

from the Department of Human Services to the Office of

Juvenile Affairs,

g. all staff assigned to the community residential

programs of the Office of Juvenile Justice,

h. the Management Services Unit of the Office of Juvenile

Justice,

i. the Programs Unit of the Office of Juvenile Justice,

j. all staff of the business office of the Office of

Juvenile Justice,

k. the Planning and Information Unit of the Office of

Juvenile Justice,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 404

l. all staff of the Office of Juvenile Justice assigned

to serve as the liaison to the Federal Court Monitor

of the Office of Juvenile Justice,

m. the Parole Review and Hearing Board within the Office

of the General Counsel of the Department of Human

Services and all members of the Board and support

staff for the Board, and

n. the Division Administrator for the Office of Juvenile

Justice and administrative staff for the Division

Administrator.

2. The Office of Juvenile Affairs and the Department of Human

Services may enter into an agreement for the transfer of personnel

on July 1, 1995, from the Department of Human Services to the Office

of Juvenile Affairs. No selected employee shall be transferred to

the Office of Juvenile Affairs, except on the freely given written

consent of the employee.

3. The classified and unclassified employees who are

transferred pursuant to paragraph 1 or 2 of this subsection from the

Department of Human Services to the Office of Juvenile Affairs on

July 1, 1995, shall be subject to the following provisions:

a. classified employees shall remain subject to the

provisions of the Merit System of Personnel

Administration as provided in the Oklahoma Personnel

Act except that such employees shall be exempt from

the provisions of the Merit System pertaining to

classification until October 1, 1995. Effective

October 1, 1995, such employees shall be given status

in the class to which the position occupied by the

employee on October 1, 1995, is allocated by the

Office of Personnel Management. The salary of such an

employee shall not be reduced as a result of such

position allocation, and if the employee's salary is

below the minimum rate of pay for the class to which

the position occupied by the employee on October 1,

1995, is allocated, the employee's salary shall be

adjusted up to the minimum rate of pay; provided, if

such allocation is a promotion, the minimum rate shall

be determined as provided in 530:10-7-14 of the

Oklahoma Administrative Code,

b. unclassified employees shall remain in the

unclassified service and shall serve at the pleasure

of the Executive Director. Effective October 1, 1995,

such employees who occupy positions that are subject

to the Merit System of Personnel Administration shall

become classified and subject to the provisions of the

Merit System of Personnel Administration pursuant to

Section 840-4.1 of Title 74 of the Oklahoma Statutes.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 405

Unclassified employees who, on October 1, 1995, occupy

positions that remain in the unclassified service

pursuant to law, shall remain in the unclassified

service and shall continue to serve at the pleasure of

the Executive Director,

c. all employees who are transferred to the Office of

Juvenile Affairs shall retain leave, sick and annual

time earned and any retirement and longevity benefits

which have accrued during their tenure with the agency

from which transferred. The salaries of employees who

are transferred shall not be reduced as a direct and

immediate result of the transfer. The transfer of

personnel among the state agencies shall be

coordinated with the Office of Personnel Management,

and

d. if the Office of Juvenile Affairs should implement a

reduction in force, all employees transferred from the

Department of Human Services to the Office of Juvenile

Affairs on July 1, 1995, shall be credited for the

time they were employed by the Department of Human

Services. The Office of Juvenile Affairs may enter

into a contract for professional services for any

contract that was in effect at the time of the posting

of the reduction in force with a person who has been

separated from service with the Office of Juvenile

Affairs as a result of the reduction in force.

F. Effective July 1, 1995, custody, care and supervision of

juveniles adjudicated to be delinquent or in need of supervision and

any monies and funds received on behalf of such juveniles are hereby

transferred from the Department of Human Services to the Office of

Juvenile Affairs. Records in the custody of the Department of Human

Services on the transfer date relating to delinquent juveniles and

juveniles in need of supervision shall be transferred to the

Department of Juvenile Justice. Effective July 1, 2006, records in

the custody of the Department of Juvenile Justice relating to

delinquent juveniles and juveniles in need of supervision shall be

transferred to the Office of Juvenile Affairs.

G. Effective July 1, 1995, all powers, duties, records,

property, assets, monies and funds of the Office of Juvenile Justice

shall be transferred to the Office of Juvenile Affairs. Effective

July 1, 1995, liabilities of the Office of Juvenile Justice shall be

transferred to the Office of Juvenile Affairs as provided for in the

appropriation process of the Legislature. Any additional

administrative support or costs incurred by the Office of Juvenile

Affairs as a result of the transfer required by this section shall

be borne by the Office of Juvenile Affairs.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 406

H. The Office of Juvenile Justice shall be abolished by the

Commission for Human Services after such transfer has been

completed.

I. The Director of State Finance is hereby directed to

coordinate the transfer of assets, funds, allotments, purchase

orders, liabilities, outstanding financial obligations or

encumbrances provided for in this section. The Department of

Central Services is hereby directed to coordinate the transfer of

property and records provided for in this section.
Okla. Stat. tit. 10, § 10-7302-2.4 — OK Code / Title 10 / Section 10-7302-2.4
Renumbered as § 2-7-204 of Title 10A by Laws 2009, c
Status: in_force

234, § 170, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7309-1.3 — OK Code / Title 10 / Section 10-7309-1.3
Renumbered as § 2-9-103 of Title 10A by Laws 2009, c
Status: in_force

234, § 192, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-601.64 — OK Code / Title 10 / Section 10-601.64
Duties of the Oklahoma Commission on Children and
Status: in_force

Youth.

Oklahoma Statutes - Title 10. Children Page 160

A. From funds appropriated or otherwise available for the

purpose of implementating the Community Youth Development Act, the

Oklahoma Commission on Children and Youth shall:

1. Issue requests for proposals and contract with eligible

entities for community children and youth development programs and

delinquency prevention and early intervention programs; and

2. Provide information and technical assistance to school

districts, neighborhood and community organizations, and agencies

within the children and youth service system, as that term is

defined by Section 600 of Title 10 of the Oklahoma Statutes, for the

purpose of assisting them to make application for federal and

private grants for community children and youth development programs

and delinquency prevention and early intervention programs.

B. The Commission, with the assistance of and information

provided by the Department of Human Services, the Oklahoma State

Bureau of Investigation, and the Department of Commerce, shall

establish eligibility criteria for identifying neighborhoods, school

districts, communities and specific areas within school districts

and communities having crime rate, economic or other demographic

characteristics recognized as indicators of distressed areas. The

Department of Human Services, the statutorily created juvenile

bureaus, the Oklahoma State Bureau of Investigation and the

Department of Commerce shall provide the Commission with information

and assistance, as requested by the Commission, for the purpose of

establishing the criteria required by this subsection.
Okla. Stat. tit. 10, § 10-1632 — OK Code / Title 10 / Section 10-1632
Intent of legislature
Status: in_force

It is the intent of the Legislature that the children of this

state be provided certain safeguards. It is important that children

entering the school system of this state as well as children already

in the school system be fingerprinted in accordance with the

provisions of the Oklahoma Minor Identification Act and said

fingerprints be used for locating or identifying any child in this

state or any other state who is reported lost, missing, kidnapped,

or killed.
Okla. Stat. tit. 10, § 10-7503-2.7 — OK Code / Title 10 / Section 10-7503-2.7
Setting aside permanent relinquishment or consent to
Status: in_force

adoption.

Oklahoma Statutes - Title 10. Children Page 318

A. Except as otherwise provided in subsection B of this section

and in Section 7503-2.6 of this title, a permanent relinquishment or

consent to adoption executed pursuant to the Oklahoma Adoption Code

shall be irrevocable.

B. The court shall set aside a permanent relinquishment or

consent to adoption or vacate an order terminating parental rights

based upon the execution of a permanent relinquishment only if it

would be in the best interests of the minor and if the individual

who executed the permanent relinquishment or consent establishes:

1. By a preponderance of the evidence that without good cause

shown, a petition to adopt was not filed within nine (9) months

after the minor was placed for adoption;

2. By a preponderance of the evidence, that another consent or

permanent relinquishment was not executed or that a court decided

not to terminate another individual's parental relationship to the

minor; or

3. By clear and convincing evidence, before a decree of

adoption is issued, or within three (3) months of the discovery of

the fraud, whichever is later, that the consent was obtained by

fraud or duress.

C. Notice of the motion to set aside the consent or permanent

relinquishment and hearing on the motion shall be provided to:

1. The person who filed for adoption of the minor;

2. The Department of Human Services or any child-placing agency

participating in the adoption; and

3. To any person or agency in whose favor the consent was

given.

D. The court shall provide an opportunity to be heard to the

person who has filed for adoption and to any agency participating in

the adoption as to why the withdrawal of consent would not be in the

best interest of the minor.

E. The court may enter such orders as justice requires

regarding the costs and legal fees of the person who filed for

adoption, the agency, the Department and the person seeking that the

consent or permanent relinquishment be set aside.
Okla. Stat. tit. 10, § 10-7302-3.6a — OK Code / Title 10 / Section 10-7302-3.6a
Renumbered as § 2-7-306 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 171, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-40.5 — OK Code / Title 10 / Section 10-40.5
Emergency removal of Indian child from parent or
Status: in_force

custodian - Order.

A. When a court order authorizes the emergency removal of an

Indian child from the parent or Indian custodian of such child in

accordance with 25 U.S.C. Section 1922, the order shall be

accompanied by an affidavit containing the following information:

1. The names, tribal affiliations, and addresses of the Indian

child, the parents of the Indian child and Indian custodians, if

any;

2. A specific and detailed account of the circumstances that

lead the agency responsible for the removal of the child to take

that action; and

3. A statement of the specific actions that have been taken to

assist the parents or Indian custodians so that the child may safely

be returned to their custody.

B. No pre-adjudicatory custody order shall remain in force or

in effect for more than thirty (30) days without a determination by

Oklahoma Statutes - Title 10. Children Page 42

the court, supported by clear and convincing evidence and the

testimony of at least one qualified expert witness, that custody of

the child by the parent or Indian custodian is likely to result in

serious emotional or physical damage to the child. However, the

court may, for good and sufficient cause shown, extend the effective

period of such order for an additional period of sixty (60) days.
Okla. Stat. tit. 10A, § 10A-2-2-803 — OK Code / Title 10A / Section 10A-2-2-803
Review and assessment of children committed to Office
Status: in_force

of Juvenile Affairs.

A. The Office of Juvenile Affairs shall review and assess each

child committed to the Office to determine the type of placement

consistent with the treatment needs of the child in the nearest

geographic proximity to the home of the child and, in the case of

delinquent children, the protection of the public. Such review and

assessment shall include an investigation of the personal and family

history of the child, and his environment, and any physical or

mental examinations considered necessary.

B. In making such review, the Office may use any facilities,

public or private, which offer aid to it in the determination of the

correct placement of the child.
Okla. Stat. tit. 10, § 10-40.1 — OK Code / Title 10 / Section 10-40.1
Purpose - Policy of state
Status: in_force

The purpose of the Oklahoma Indian Child Welfare Act is the

clarification of state policies and procedures regarding the

implementation by the State of Oklahoma of the federal Indian Child

Welfare Act, P.L. 95-608. It shall be the policy of the state to

recognize that Indian tribes and nations have a valid governmental

interest in Indian children regardless of whether or not said

children are in the physical or legal custody of an Indian parent or

Indian custodian at the time state proceedings are initiated. It

shall be the policy of the state to cooperate fully with Indian

tribes in Oklahoma in order to ensure that the intent and provisions

of the federal Indian Child Welfare Act are enforced.
Okla. Stat. tit. 10, § 10-7309-1.11 — OK Code / Title 10 / Section 10-7309-1.11
Renumbered as § 2-9-111 of Title 10A by Laws 2009, c. 234, § 192, emerg. eff. May
Status: in_force

Oklahoma Statutes - Title 10. Children Page 23c. 234, § 192, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7003-5.6f — OK Code / Title 10 / Section 10-7003-5.6f
Renumbered as § 1-4-813 of Title 10A by Laws 2009,
Status: in_force

c. 233, § 259, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1150.2 — OK Code / Title 10 / Section 10-1150.2
Child Death Review Board - Creation - Powers and duties
Status: in_force

- Meetings and discussions - Annual report.

A. There is hereby re-created until July 1, 2026, in accordance

with the Oklahoma Sunset Law, the Child Death Review Board within

the Oklahoma Commission on Children and Youth. The Board shall have

the power and duty to:

1. Conduct case reviews of deaths and near deaths of children

in this state;

2. Develop accurate statistical information and identification

of deaths of children due to abuse and neglect;

3. Improve the ability to provide protective services to the

surviving siblings of a child or children who die of abuse or

neglect and who may be living in a dangerous environment;

4. Improve policies, procedures and practices within the

agencies that serve children including the child protection system;

5. Enter into agreements with regional teams established by the

Board to carry out such duties and responsibilities as the Board

shall designate including assigned cases in the geographical area

for that regional team. The Commission, with the advice of the

Board, shall promulgate rules necessary for the implementation of

the provisions of this paragraph; and

6. Enter into agreements with other state, local, or private

entities as necessary to carry out the duties of the Board

including, but not limited to, conducting joint reviews with the

Domestic Violence Fatality Review Board on domestic violence cases

involving child death or child near-death incidents.

B. In carrying out its duties and responsibilities the Board

shall:

1. Establish criteria for cases involving the death or near

death of a child subject to specific, in-depth review by the Board.

As used in this section, the term "near death" means a child is in

Oklahoma Statutes - Title 10. Children Page 200

serious or critical condition, as certified by a physician, as a

result of abuse or neglect;

2. Conduct a specific case review of those cases where the

cause of death or near death is or may be related to abuse or

neglect of a child;

3. Establish and maintain statistical information related to

the deaths and near deaths of children including, but not limited

to, demographic and medical diagnostic information;

4. Establish procedures for obtaining initial information

regarding near deaths of children from the Department of Human

Services and law enforcement agencies;

5. Review the policies and procedures of the child protection

system and make specific recommendations to the entities comprising

the system as to actions necessary for improvement;

6. Review the extent to which the state child protection system

is coordinated with foster care and adoption programs and evaluate

whether the state is efficiently discharging its child protection

responsibilities under the federal Child Abuse Prevention and

Treatment Act State Plan;

7. As necessary and appropriate, for the protection of the

siblings of a child who dies and whose siblings are deemed to be

living in a dangerous environment, refer specific cases to the

Department of Human Services or the appropriate district attorney

for further investigation;

8. Request and obtain a copy of all records and reports

pertaining to a child whose case is under review including, but not

limited to:

a. the report of the medical examiner,

b. hospital records,

c. school records,

d. court records,

e. prosecutorial records,

f. local, state, and federal law enforcement records

including, but not limited to, the Oklahoma State

Bureau of Investigation (OSBI),

g. fire department records,

h. State Department of Health records including birth

certificate records,

i. medical and dental records,

j. Department of Mental Health and Substance Abuse

Services and other mental health records,

k. emergency medical service records,

l. files of the Department of Human Services, and

m. records in the possession of the Domestic Violence

Fatality Review Board when conducting a joint review

pursuant to paragraph 6 of subsection A of this

section.

Oklahoma Statutes - Title 10. Children Page 201

Confidential information provided to the Board shall be

maintained in a confidential manner as required by state and federal

law. Any person damaged by disclosure of such information by the

Board, its regional teams or their members, not authorized by law,

may maintain an action for damages, costs and attorney fees;

9. Maintain all confidential information, documents and records

in possession of the Board as confidential and not subject to

subpoena or discovery in any civil or criminal proceedings;

provided, however, information, documents and records otherwise

available from other sources shall not be exempt from subpoena or

discovery through those sources solely because such information,

documents and records were presented to or reviewed by the Board;

10. Conduct reviews of specific cases of deaths and near deaths

of children and request the preparation of additional information

and reports as determined to be necessary by the Board including,

but not limited to, clinical summaries from treating physicians,

chronologies of contact, and second-opinion autopsies;

11. Report, if recommended by a majority vote of the Board, to

the President Pro Tempore of the Senate and the Speaker of the House

of Representatives any gross neglect of duty by any state officer or

state employee, or any problem within the child protective services

system discovered by the Board while performing its duties;

12. Recommend, when appropriate, amendment of the cause or

manner of death listed on the death certificate; and

13. Subject to the approval of the Commission, exercise all

incidental powers necessary and proper for the implementation and

administration of the Child Death Review Board Act.

C. The review and discussion of individual cases of death or

near death of a child shall be conducted in executive session and in

compliance with the confidentiality requirements of Section 1-6-102

of Title 10A of the Oklahoma Statutes. All other business shall be

conducted in accordance with the provisions of the Oklahoma Open

Meeting Act. All discussions of individual cases and any writings

produced by or created for the Board and recommended by the Board,

as the result of a review of an individual case of the death or near

death of a child, shall be privileged and shall not be admissible in

evidence in any proceeding. The Board shall periodically conduct

meetings to discuss organization and business matters and any

actions or recommendations aimed at improvement of the child

protection system which shall be subject to the Oklahoma Open

Meeting Act. Part of any meeting of the Board may be specifically

designated as a business meeting of the Board subject to the

Oklahoma Open Meeting Act.

D. 1. The Board shall submit an annual statistical report on

the incidence and causes of death and near death of children in this

state for which the Board has completed its review during the past

calendar year, including its recommendations, to the Oklahoma

Oklahoma Statutes - Title 10. Children Page 202

Commission on Children and Youth on or before May 1 of each year.

The Board shall also prepare and make available to the public, on an

annual basis, a report containing a summary of the activities of the

Board relating to the review of deaths and near deaths of children,

the extent to which the state child protection system is coordinated

with foster care and adoption programs, and an evaluation of whether

the state is efficiently discharging its child protection

responsibilities. The report shall be completed no later than

December 31 of each year.

2. The Commission shall review the report of the Board and, as

appropriate, incorporate the findings and recommendations into the

State Plan for Services to Children and Youth.
Okla. Stat. tit. 10, § 10-7003-4.3 — OK Code / Title 10 / Section 10-7003-4.3
Renumbered as § 1-4-506 of Title 10A by Laws 2009, c
Status: in_force

233, § 239, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7309-1.5 — OK Code / Title 10 / Section 10-7309-1.5
Renumbered as § 2-9-105 of Title 10A by Laws 2009, c
Status: in_force

234, § 192, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1430.19 — OK Code / Title 10 / Section 10-1430.19
Documents and records to be available for public
Status: in_force

inspection.

A group home subject to the provisions of the Group Homes for

Persons with Developmental or Physical Disabilities Act shall retain

the following for public inspection:

1. A complete copy of every inspection report of the group home

received from the Department of Human Services during the past three

(3) years with resident-identifying information removed;

2. A copy of correspondence with resident-identifying

information removed issued by the Department of Human Services, the

Oklahoma Health Care Authority, or a court during the last three (3)

years pertaining to the group home;

3. A description of the services provided by the group home,

the rates charged for those services and items for which a resident

may be separately charged;

4. A copy of the statement of ownership; and

5. A complete copy of any current license or group home

contract between the group home and the Department or the Oklahoma

Health Care Authority for the care, treatment, training,

habilitation or rehabilitation of residents of the group home.
Okla. Stat. tit. 10, § 10-7006-1.2 — OK Code / Title 10 / Section 10-7006-1.2
Renumbered as § 1-4-905 of Title 10A by Laws 2009, c
Status: in_force

233, § 264, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-9-120v1 — OK Code / Title 10A / Section 10A-1-9-120v1
Grievance procedures for foster parents and foster
Status: in_force

children.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 253

A. The Office of Client Advocacy and child-placing agencies

shall each establish grievance procedures for foster parents with

whom the Department of Human Services or child-placing agencies

contract and for foster children in Department custody. The Office

of Client Advocacy shall work with the Office of Juvenile System

Oversight to track foster parent or foster child complaints through

the grievance procedures and ensure a resolution of the complaint.

B. The procedures established shall contain the following

minimum requirements:

1. Resolution of disputes with foster parents or foster

children shall be accomplished quickly, informally and at the lowest

possible level, but shall provide for access to impartial

arbitration by management level personnel within the central office;

2. Prompt resolution of grievances no more than sixty (60) days

after receipt of the grievance or complaint; and

3. Notification to all foster parents and foster children if

age-appropriate upon placement of a child about the grievance

procedures and how to file a complaint.

C. The Office of Client Advocacy and child-placing agency shall

designate one employee at the central office to receive and process

foster care grievances received by the Office of Juvenile System

Oversight.

D. The Office of Client Advocacy and child-placing agency shall

maintain records of each grievance filed as well as summary

information about the number, nature and outcome of all grievances

filed. The Office of Client Advocacy and the Office of Juvenile

System Oversight shall compile an annual report for the Oklahoma

Legislature that details the number of complaints received, the

number of complaints resolved, the nature of the complaints and any

other information requested by the Legislature. Agencies shall keep

records of grievances separate and apart from other foster parent or

foster child files. A foster parent, former foster parent, or a

foster child or former foster child shall have a right of access to

the record of grievances such person filed after the procedure has

been completed.

E. 1. Each foster parent or foster child shall have the right,

without fear of reprisal or discrimination, to present grievances

with respect to the providing or receiving of foster care services.

2. The Department of Human Services shall promptly initiate a

plan of corrective discipline including, but not limited to,

dismissal of any Department employee or cancellation or nonrenewal

of the contract of a child-placing agency determined by the state

agency, through an investigation to have retaliated or discriminated

against a foster parent or foster child who has:

a. filed a grievance pursuant to the provisions of this

section,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 254

b. provided information to any official or Department

employee, or

c. testified, assisted, or otherwise participated in an

investigation, proceeding or hearing against the

Department or the child-placing agency.

3. The provisions of this subsection shall not be construed to

include any complaint by the foster parent or foster child resulting

from an administrative, civil or criminal action taken by the

employee or child-placing agency for violations of law or rules, or

contract provisions by the foster parent.
Okla. Stat. tit. 10A, § 10A-2-8-303 — OK Code / Title 10A / Section 10A-2-8-303
Failure to report — Civil liability
Status: in_force

A. Any employee, officer, contractor, or volunteer who

knowingly fails to report incidents of sexual misconduct or coercive

behavior shall be deemed to be acting outside the scope of

employment and therefore be subject to civil liability exempt from

The Governmental Tort Claims Act including, but not limited to,

damages for physical, emotional, and psychological harm caused to

the juvenile.

B. The Office of Juvenile Affairs and any contracted entity or

group home operating under the Office’s supervision shall be liable

for damages if a court of competent jurisdiction finds that the

employee, officer, contractor, or volunteer was negligent in

preventing, investigating, or responding to reports of sexual

misconduct. Liability for acts committed in violation of this

section shall be exempt from the liability limitations under The

Governmental Tort Claims Act.

C. Negligence under this act shall include failure to properly

train employees on mandatory reporting, failure to respond to

previous reports, failure to terminate employees who abuse

juveniles, or failure to take action to safeguard juveniles from

known risks.

D. Juvenile victims, their parents or legal guardians, or next

friends may file civil actions seeking damages pursuant to the

provisions of this section.

E. Civil fines of up to Fifty Thousand Dollars ($50,000.00) per

juvenile victim may be levied against the Office, county facilities

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 468

where juveniles are detained, or contracting entities found to have

acted negligently.
Okla. Stat. tit. 10, § 10-414 — OK Code / Title 10 / Section 10-414
Administration of immunizations - Persons eligible -
Status: in_force

Indigent persons.

Oklahoma Statutes - Title 10. Children Page 97

The immunizations shall be administered by, or under the

direction of, a licensed physician, or by any local or state health

department. If the parent or guardian is unable to pay, the State

Department of Health shall provide, without charge, the immunization

materials required by this act.
Okla. Stat. tit. 10, § 10-1430.3 — OK Code / Title 10 / Section 10-1430.3
Department - Powers and duties
Status: in_force

The Department of Human Services shall have the power and duty

to:

1. Enforce any provision of the Group Homes for Persons with

Developmental or Physical Disabilities Act;

2. Issue, renew, deny, modify, suspend, and revoke licenses for

group homes pursuant to the provisions of the Group Homes for

Persons with Developmental or Physical Disabilities Act; provided,

however, providers of group home services that have a current

contract with the Developmental Disabilities Services Division or

the Oklahoma Health Care Authority to provide group home services

shall be deemed to be licensed;

3. Establish and enforce standards and requirements for

licensure and operation of group homes that are subject to the

provisions of the Group Homes for Persons with Developmental or

Physical Disabilities Act and require the submission of, and to

review, reports from any person establishing or operating a group

home;

4. Enter upon any public or private property for the purpose of

inspecting and investigating conditions of the residents in the

group home or for the purpose of inspecting and investigating the

home for compliance with the provisions of the Group Homes for

Persons with Developmental or Physical Disabilities Act, or the

standards or requirements for licensure and operation of group homes

developed by the Department pursuant to the provisions of the Group

Homes for Persons with Developmental or Physical Disabilities Act;

5. Employ or designate personnel to conduct investigations and

inspections, to make reports of the condition of group homes and the

residents of such homes, and to take necessary action pursuant to

the provisions of the Group Homes for Persons with Developmental or

Oklahoma Statutes - Title 10. Children Page 235

Physical Disabilities Act to protect and safeguard the health,

safety, and welfare of residents of homes;

6. Establish a procedure for receipt, investigation, and

resolution of complaints regarding a group home or concerning the

condition, care, and treatment of a resident of a home, a copy of

which procedure shall be distributed to all providers of group home

services and licensees;

7. Report to the district attorney having jurisdiction or the

Attorney General any act committed by a provider, licensee,

administrator, operator, or employee of a group home which may

constitute a misdemeanor pursuant to the provisions of the Group

Homes for Persons with Developmental or Physical Disabilities Act;

8. Advise, consult, and cooperate with other agencies of this

state, the federal government, other states and interstate agencies,

and with affected groups and political subdivisions to further the

purposes of the provisions of the Group Homes for Persons with

Developmental or Physical Disabilities Act;

9. Develop and enforce rules to implement the provisions of the

Group Homes for Persons with Developmental or Physical Disabilities

Act. Such rules shall include, but not be limited to, physical

conditions which shall protect the health, safety, and welfare of

the residents in a group home as outlined in the Group Homes for

Persons with Developmental or Physical Disabilities Act, safe

storage and administration of medications, health-related services

as defined in Section 1020 of Title 56 of the Oklahoma Statutes,

rights of group home residents and competency-based training

requirements for group home staff;

10. Investigate, request or otherwise obtain the information

necessary to determine the qualifications and background of an

applicant for licensure or contract;

11. Establish civil penalties for violations of the provisions

of the Group Homes for Persons with Developmental or Physical

Disabilities Act pursuant to the provisions of the Group Homes for

Persons with Developmental or Physical Disabilities Act;

12. Institute and maintain or intervene in any action or

proceeding where deemed necessary by the Department to protect the

health, safety, and welfare of any resident of a group home;

13. Transfer or discharge a resident or otherwise protect the

health, safety, and welfare of any resident of a group home;

14. Develop and disseminate a form to all providers of group

home services which shall be signed and witnessed by each direct

care staff member working with residents notifying the staff member

that the staff member may be prosecuted criminally for having sexual

contact with a person in their care; and

15. Exercise all incidental powers as necessary and proper for

the administration of the Group Homes for Persons with Developmental

or Physical Disabilities Act.

Oklahoma Statutes - Title 10. Children Page 236
Okla. Stat. tit. 10, § 10-1101 — OK Code / Title 10 / Section 10-1101
Renumbered as § 7001-1.3 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7302-3.1 — OK Code / Title 10 / Section 10-7302-3.1
Renumbered as § 2-7-301 of Title 10A by Laws 2009, c
Status: in_force

234, § 171, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-7-106 — OK Code / Title 10A / Section 10A-1-7-106
Placement of child into foster care
Status: in_force

A. When a child is placed into foster care, the child shall,

when possible, be placed with relatives, or other persons having a

kinship relationship with the child, who are determined to be

suitable, capable and willing to serve as caretakers for the child;

provided however, if the child is determined to be an Indian child,

as defined by the federal and state Indian Child Welfare Acts, the

placement preferences specified by Section 1915 of Title 25 of the

United States Code and Section 40.2 of Title 10 of the Oklahoma

Statutes shall apply.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 199

B. A foster care placement shall be made that:

1. Meets the treatment needs of the foster child and supports

the permanency plan for that child and the family of that child;

2. Follows the reasonable and prudent parent standard of care

for the foster child while at the same time encouraging the

emotional and developmental growth of the child when determining

whether to allow the child to participate in extracurricular,

enrichment, cultural, and social activities;

3. Is in the best interests of the child; and

4. Complies with all requirements of this section, subject to

an appropriate sanction for noncompliance.
Okla. Stat. tit. 10, § 10-61.52 — OK Code / Title 10 / Section 10-61.52
Renumbered as § 60.52 of this title by Laws 1995 c. 353,
Status: in_force

§ 21, eff. Nov. 1, 1995.
Okla. Stat. tit. 10A, § 10A-1-8-106 — OK Code / Title 10A / Section 10A-1-8-106
Applicability of the Oklahoma Minor Identification
Status: in_force

Act.

If a child is reported to a law enforcement agency as a missing

child, or a custodial parent, legal guardian or legal custodian of a

child requests the issuance of a fingerprint card, the provisions of

the Oklahoma Minor Identification Act shall apply. With the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 211

voluntary and informed consent of the parent, legal guardian, or

legal custodian of the child, fingerprints obtained and maintained

pursuant to the Oklahoma Minor Identification Act may be used by law

enforcement officers.
Okla. Stat. tit. 10, § 10-7002-2.1 — OK Code / Title 10 / Section 10-7002-2.1
Renumbered as § 1-7-102 of Title 10A by Laws 2009, c
Status: in_force

233, § 276, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1430.14 — OK Code / Title 10 / Section 10-1430.14
Provisions of license - Application - Statement of
Status: in_force

zoning compliance - Qualifications of applicant or licensee -

Statement of ownership - Issuance and renewal of licenses.

A. A license shall expire twelve (12) months from the date of

issuance, unless sooner revoked, and may be renewed annually by the

Department of Human Services pursuant to the provisions of the Group

Homes for Persons with Developmental or Physical Disabilities Act.

All licenses shall be on a form prescribed by the Director of Human

Services, and shall include, but not be limited to, the maximum bed

capacity for which the license is granted, the kind of program the

licensee is certified to operate, the date the license was issued,

and the expiration date of the license. The provisions of the

license shall require that the license shall:

1. Not be transferable or assignable except as authorized by

the provisions of the Group Homes for Persons with Developmental or

Physical Disabilities Act;

Oklahoma Statutes - Title 10. Children Page 245

2. Be available on the licensed premises; and

3. Be issued only for the premises named in the application,

and may be renewed for twelve-month periods upon application and

inspection, pursuant to the provisions of the Group Homes for

Persons with Developmental or Physical Disabilities Act.

B. An application shall be under oath and shall contain, but

not be limited to, the following information:

1. The name and address of the applicant or licensee. If the

applicant or licensee is a firm or partnership, the name and address

of each member thereof shall be included in the application. If the

applicant or licensee is a firm, partnership, limited liability

company, or corporation, the name and address of the firm,

partnership, limited liability company, or corporation and the name

and address of each member of the firm, major member of the limited

liability company or manager, major partner of the partnership, or

officer, major stockholder and registered agent of the corporation

shall be included in the application;

2. The name and address of the applicant or licensee if the

applicant or licensee is not the provider and is acting as agent for

the provider of group home services or licensee;

3. The name and location of the group home for which a license

is sought;

4. The name of the administrator of the home;

5. The number and type of residents for whom services are to be

provided;

6. A description of the program and the staffing pattern for

providing resident care. In the case of an application for an

initial license, such description may be shown as the projected

program and staffing pattern; and

7. Information or records required by the Department pursuant

to the rules adopted by the Commission for Human Services regarding

group homes.

C. Each initial application shall be accompanied by a statement

from the unit of local government having zoning jurisdiction over

the location of the group home stating that the location is not in

violation of a zoning ordinance.

D. 1. An applicant or licensee shall be twenty-one (21) years

of age or older and of reputable and responsible character. In

addition, the applicant or licensee shall have appropriate business

or professional experience.

2. No person who is ineligible for employment as a community

services worker in accordance with Section 1025.2 of Title 56 of the

Oklahoma Statutes shall be eligible to be licensed or to receive a

contract to become a community services provider. If the applicant

or licensee is a firm, partnership, limited liability company, or

corporation, the applicant shall not be eligible to be licensed or

to receive a contract if any member of the firm, any major member of

Oklahoma Statutes - Title 10. Children Page 246

the limited liability company or manager, any major partner of the

partnership, or any officer or major stockholder of the corporation

is ineligible for employment as a community services worker in

accordance with Section 1025.2 of Title 56 of the Oklahoma Statutes.

E. The application for a license or renewal of a license shall

be accompanied by a statement of ownership which shall include the

following:

1. The name, address, telephone number, occupation or business

activity, business address, and business telephone number of the

owner of the group home and of every person who owns the building in

which the group home is located. If the owner is a partnership,

limited liability company, or corporation, the name and address of

each partner, major member of the limited liability company, and

stockholder with an ownership interest of five percent (5%) or more

shall be included in the statement; and

2. The name and address of any other group home in which the

owner has a full or partial financial interest or, if the applicant

or licensee is a partnership, limited liability company, or

corporation, any other group home in which the partnership, limited

liability company, or corporation has a full or partial financial

interest. The statement shall indicate whether or not any other

group home wherein a full or partial financial interest is held

would, if located in this state, be required to be licensed.

F. The Director or designee shall issue and renew licenses for

group homes which comply with the provisions of the Group Homes for

Persons with Developmental or Physical Disabilities Act and the

standards and rules promulgated by the Commission pursuant thereto.
Okla. Stat. tit. 10, § 10-58 — OK Code / Title 10 / Section 10-58
Renumbered as § 60.18b of this title by Laws 1996, c. 297,
Status: in_force

§ 28, emerg. eff. June 10, 1996.
Okla. Stat. tit. 10, § 10-7302-9.3 — OK Code / Title 10 / Section 10-7302-9.3
Renumbered as § 2-7-903 of Title 10A by Laws 2009, c
Status: in_force

234, § 177, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-22.2 — OK Code / Title 10 / Section 10-22.2
Investing in Stronger Oklahoma Families Act – Purpose –
Status: in_force

Comprehensive strategic plan – Information database – Family

resource assistance – Partnerships – Brochure.

A. This section shall be known and may be cited as the

“Investing in Stronger Oklahoma Families Act”.

B. It is the intent of the Oklahoma Legislature in enacting the

Investing in Stronger Oklahoma Families Act to provide assistance to

guardians of children, adoptive parents and other “created

families”, to assist such guardians, adoptive parents and families

to assume permanent custody of children in need of safe and

Oklahoma Statutes - Title 10. Children Page 33

permanent homes, and to enhance family preservation and the

stability of these homes.

C. For purposes of implementing the Investing in Stronger

Oklahoma Families Act, the Department of Human Services shall

collaborate with appropriate local, state and federal agencies and

private entities to develop by December 31, 2001, a comprehensive

strategic state plan for investing in stronger families.

D. The comprehensive strategic state plan shall:

1. Set a goal to annually increase the number of programs for

“created families” which will increase safe and permanent homes for

children who are not in the custody of the Department but unable to

reside with their biological parents and encourage and preserve the

adoption or guardianship of and other legal custody arrangements for

such children;

2. Develop and implement a statewide public awareness campaign

which will inform preadoptive homes, adoptive homes and other

persons desiring to obtain guardianship or other legal custody of a

child, of the programs, grants and other assistance available to

them;

3. Identify public and private resources, both within the

agencies subject to the provisions of this section and within the

state and within the communities;

4. Provide for coordination and collaboration among related

efforts and programs;

5. Provide for contracts or agreements with public and private

entities for utilization of identifiable financial resources from

federal, state, local and private resources and coordinate those

resources to fund-related services; and

6. Apply for grants and matching monies to assist in the

implementation of the Investing in Stronger Oklahoma Families Act

including, but not limited to, funds derived from the “Respect Life

- Support Adoption” license plates.

E. As part of the development and implementation of the

comprehensive strategic plan, the Department shall, as funds are

available and using existing available state resources, develop an

information database consisting of data on existing programs serving

families who have taken on the responsibility of providing children

with safe and permanent homes. In developing the information

database, the Department shall coordinate with the Children's

Coordinated Data System developed by the Oklahoma Commission on

Children and Youth.

F. The Legislature hereby encourages the establishment of

family resource assistance that links federal, state and local

resources and programs and that creates collaborative and

interorganizational partnerships between state governmental agencies

and private and nonprofit entities and attorneys. Such agencies and

private and nonprofit entities shall include, but not be limited to:

Oklahoma Statutes - Title 10. Children Page 34

1. The Department of Human Services;

2. The State Department of Education;

3. The Oklahoma Department of Career and Technology Education;

4. The Oklahoma Department of Commerce;

5. The Oklahoma Employment Security Commission;

6. The Oklahoma Health Care Authority;

7. The State Department of Health;

8. The Oklahoma Commission on Children and Youth;

9. The State Department of Mental Health and Substance Abuse

Services;

10. The Department of Corrections;

11. The Oklahoma State Regents for Higher Education;

12. Community action agencies;

13. Local and municipal groups;

14. Substate planning groups;

15. Religious and charitable organizations;

16. Private child placement entities;

17. Public or private foundations; and

18. Representatives of the courts and attorneys who practice in

adoption.

G. The Department shall enter into collaborative and

interorganizational partnerships as necessary to provide assistance

to guardians, adoptive parents and other “created families”.

H. Within available funding specified by this section, the

Department may provide created families with:

1. Case management services;

2. Flexible funds to enable the relatives, guardians, adoptive

parents and other created families to meet unusual or crisis

expenditures, including but not limited to, making housing deposits,

utility deposits, or purchasing beds, clothing and food;

3. Child care and after school care;

4. Respite care;

5. Transportation;

6. Counseling;

7. Support groups;

8. Assistance in accessing parental child support payments;

9. Aid in accessing food stamps, Social Security and other

public benefits;

10. Assistance for establishing a guardianship, adopting or

obtaining custody of the child;

11. Available volunteer attorney services;

12. Mediation/family group conferencing; and

13. Community-based services and state or federal programs

serving guardians of children, adoptive families and other created

families.

Oklahoma Statutes - Title 10. Children Page 35

I. The Department of Human Services may provide any services

necessary to effectuate the purposes of this section by contract

with any person or with any public or private entity.

J. The Department shall, pursuant to the provisions of the

Administrative Procedures Act, promulgate any rules necessary to

implement the provisions of this section.

K. For purposes of the Investing in Stronger Oklahoma Families

Act, the Department shall, from funds available, develop, publish,

and distribute an informational brochure for guardians, adoptive

parents and other created families who provide full-time care for

children. The information provided under the program authorized by

this section may include, but is not limited to, the following:

1. The benefits that may be available to children and created

families pursuant to this section providing full-time care;

2. The procedures to access the created families program;

3. A list of support groups and resources located throughout

the state; and

4. Such other information deemed necessary by the Department.
Okla. Stat. tit. 10, § 10-455 — OK Code / Title 10 / Section 10-455
Laws not inconsistent to remain in effect
Status: in_force

All laws now in effect contained in Title 10, Chapters 9, 10,

11, 13, 14, and 15, Sections 187, 211 - 223, 291 - 296, 301 - 304,

and 311 - 327, inclusive, as set out in Title 10, O.S.1951, as

amended, not inconsistent herewith, relative to what children are to

be released or returned, duties of state agent, offenses, commitment

by juvenile courts and other courts of record, transportation

expenses, placing children into private homes, indenture and

Oklahoma Statutes - Title 10. Children Page 101

adoption, the report of treatment, records kept in each institution,

limitation of expenditures, annual reports of said institutions, and

also the laws now in force relative to food, clothing, and bedding,

uniform plan of credits, the daily journal to be kept by the

superintendent of each institution, and such other laws as are not

in conflict with this act are declared to remain in full force and

effect.
Okla. Stat. tit. 10A, § 10A-1-6-108 — OK Code / Title 10A / Section 10A-1-6-108
Maintenance of records
Status: in_force

Court and agency records required to be maintained pursuant to

law regarding deprived children shall be maintained by the court or

agency until otherwise provided by law.
Okla. Stat. tit. 10A, § 10A-2-6-108 — OK Code / Title 10A / Section 10A-2-6-108
Effect of adjudication - Sealing of records - Order
Status: in_force

unsealing sealed records - Destruction of records.

A. No adjudication by the court upon the status of a child in a

juvenile proceeding shall operate to impose any of the civil

disabilities ordinarily resulting from conviction of a crime, nor

shall a child be deemed a criminal by reason of a juvenile

adjudication.

B. The court may sua sponte, upon motion by the state or upon

motion by the alleged delinquent, order the records of a person

alleged to be delinquent to be sealed as follows:

1. When the person has been alleged to be delinquent and:

a. one (1) year has elapsed from the later of:

(1) dismissal or closure of the case by the court, or

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 388

(2) notice to the court by the Office of Juvenile

Affairs or a juvenile bureau of final discharge

of such person from the supervision of the Office

of Juvenile Affairs or juvenile bureau, and

b. the person has not been found guilty of or admitted to

the commission of a subsequent criminal offense in

either a juvenile or adult proceeding, and

c. no juvenile or adult proceeding for a criminal offense

is pending;

2. When a juvenile court intake has been completed and:

a. the case has been dismissed, or

b. no petition has been filed pending fulfillment of

conditions of a voluntary probation, or

c. a petition has been filed but no adjudication has

occurred pending the fulfillment of conditions of a

preadjudicatory probation;

3. When a juvenile participates in a court-approved alternative

diversion program for first-time offenders and:

a. the juvenile presents satisfactory evidence to the

court that the juvenile has successfully completed the

program, and

b. the court dismisses the case at the conclusion of the

deferral period; or

4. When a juvenile participates in a court-approved military

mentor program and:

a. the juvenile presents satisfactory evidence to the

court that the juvenile has successfully completed the

program, and

b. the court dismisses the case at the conclusion of the

deferral period.

The records may be sealed one (1) year after such dismissal or

completion of the conditions of a voluntary or preadjudicatory

probation, alternative diversion program for first-time offenders,

or military mentor program or upon the person attaining the age of

eighteen (18) years in the discretion of the court. Upon the

sealing of any record of a person alleged to be delinquent pursuant

to this title, the record and official actions subject to the order

shall be deemed never to have occurred, and the person who is the

subject of the record and all juvenile justice agencies may properly

reply upon any inquiry in the matter that no such action ever

occurred and no such record exists with respect to such person.

C. The Administrative Office of the Courts shall establish on

or before January 1, 1994, a system for sealing records as required

by subsection B of this section and records shall be sealed in

accordance with the procedures established pursuant to said system.

D. 1. The court clerk shall seal the juvenile court record

indicated in the court's order, except that a confidential index

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 389

shall be maintained for the purpose of locating records subject to

inspection or release pursuant to subsection F of this section.

2. When notified by the court clerk of a court order sealing a

juvenile court record, the law enforcement agency having records

pertaining to the person shall seal the records as ordered, except

basic identification information shall be maintained.

3. Except where such documents are necessary to maintain state

or federal funding, the juvenile court personnel records pertaining

to the person shall be sealed.

E. Members of the judiciary, district attorneys, the defendant,

the defendant's counsel and employees of juvenile bureaus, the

Office of Juvenile Affairs assigned juvenile court intake

responsibilities, and the Department of Corrections may access

records that have been sealed pursuant to this section without a

court order for the purpose of determining whether to dismiss an

action, seek a voluntary probation, file a petition, or for purposes

of sentencing or placement in a case where the person who is the

subject of the sealed record is alleged to have committed a

subsequent juvenile delinquent act or any adult criminal offense.

Provided, any record sealed pursuant to this section may be used in

a subsequent juvenile delinquent or adult prosecution only after the

issuance of a court order unsealing the record.

F. The court may issue an order unsealing sealed juvenile court

records, for use for the following purposes:

1. In subsequent cases against the same child pursuant to this

title;

2. In an adult criminal proceeding pursuant to Section 2-2-403

or 2-5-101 of this title;

3. Upon conviction of a criminal offense in an adult

proceeding, in connection with the sentencing of such person;

4. If the person is placed in the custody or under the

supervision of the Department of Corrections;

5. In accordance with the guidelines adopted pursuant to the

Juvenile Offender Tracking Program and Section 620.6 of Title 10 of

the Oklahoma Statutes, for maintaining juvenile justice and criminal

justice statistical information;

6. For the purpose of a criminal investigation; or

7. When the court finds that there is a compelling reason and

it is in the interest of justice to order the record unsealed.

G. Any person or agency having a legitimate interest in a

delinquency case or proceeding may petition the court for an order

unsealing a juvenile court record. Upon the filing of a petition to

unseal any juvenile court record, the court shall set a date for a

hearing and shall provide thirty (30) days of notice to all

interested parties. The hearing may be closed at the discretion of

the court. If, after a hearing, the court determines that there is

any reason enumerated in subsection F of this section and it is

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 390

necessary for the protection of a legitimate public or private

interest to unseal the record, the court shall order the record

unsealed.

H. Any record ordered to be sealed pursuant to this section, if

not unsealed within ten (10) years of the order, shall be

obliterated or destroyed at the end of the ten-year period.
Okla. Stat. tit. 10, § 10-7303-4.1 — OK Code / Title 10 / Section 10-7303-4.1
Renumbered as § 2-2-401 of Title 10A by Laws 2009, c
Status: in_force

234, § 180, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1416 — OK Code / Title 10 / Section 10-1416
Liability for care and treatment
Status: in_force

A resident at an institution named in Section 1406 of this title

is liable for his or her care and treatment. This claim of the

Oklahoma Statutes - Title 10. Children Page 222

state for such care and treatment shall constitute a valid

indebtedness against the resident and his or her estate and shall

not be barred by any statute of limitations. At the death of the

resident this claim shall be allowed and paid as other lawful claims

against the estate. Persons making application for admission of an

individual with intellectual disability to the institution are also

liable for the care and treatment of the resident, provided that

such persons are legally obligated to support the resident. No

person shall be liable for care and treatment solely on the grounds

that the person has been appointed guardian of the resident.

Provided, further, that no admission or detention of an individual

with intellectual disability in the institution shall be limited or

conditioned in any manner by the financial status or ability to pay

of an individual with intellectual disability, his or her estate, or

any relative.
Okla. Stat. tit. 10A, § 10A-2-2-701 — OK Code / Title 10A / Section 10A-2-2-701
Summons - Bench warrants - Obligations of parent,
Status: in_force

legal guardian, or custodian.

A. When it is determined to be in the best interests of the

child, the court may order a parent, legal guardian or custodian of

the child, and any other person living in the home of such child who

has been properly served with a summons pursuant to Section 2-2-107

of this title to be present at or bring the child to any proceeding

under the provisions of the Oklahoma Juvenile Code. The court may

issue a bench warrant for any parent, legal guardian or custodian of

the child, or any other person living in the home of such child who

has been properly served with a summons pursuant to Section 2-2-107

of this title who, without good cause, fails to appear at any

proceeding.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 324

B. In any proceeding under the Oklahoma Juvenile Code, the

court shall enter an order specifically requiring a parent, legal

guardian or custodian of the child, and any other person living in

the home of such child who has been properly served with a summons

pursuant to Section 2-2-107 of this title to participate in the

rehabilitation process of a child including, but not limited to,

mandatory attendance at a juvenile proceeding, parenting class,

counseling, treatment, or an education program unless the court

determines that such an order is not in the best interests of the

child.

1. Any parent, legal guardian or custodian of the child, and

any other person living in the home of such child who has been

properly served with a summons pursuant to Section 2-2-107 of this

title willfully failing to comply with an order issued under this

section without good cause may be found in indirect contempt of

court.

2. The court may issue a bench warrant for any parent, legal

guardian or custodian of the child, and any other person living in

the home of such child who has been properly served with a summons

pursuant to Section 2-2-107 of this title who, without good cause,

fails to appear at any juvenile proceeding or court-ordered program.

3. For purposes of this section, "good cause" shall include,

but not be limited to, a situation where a parent, legal guardian or

custodian of the child, and any other person living in the home of

such child who has been properly served with a summons pursuant to

Section 2-2-107 of this title:

a. has employment obligations that would result in the

loss of employment,

b. does not have physical custody of the child and

resides outside the county of residence of the child,

and

c. resides in the county of the residence of the child

but is outside that county at the time of the juvenile

proceeding or court-ordered program for reasons other

than avoiding participation or appearance before the

court and participating or appearing in the court will

result in undue hardship to the parent or guardian.

4. Nothing in this section shall be construed to create a right

for any child to have his or her parent, legal guardian or custodian

of the child, and any other person living in the home of such child

who has been properly served with a summons pursuant to Section 2-2-

107 of this title present at any juvenile proceeding or court-

ordered program at which such child is present.

C. A parent, legal guardian or custodian of the child, and any

other person living in the home of such child who has been properly

served with a summons pursuant to Section 2-2-107 of this title may

be ordered by the court to:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 325

1. Report any probation, parole or conditional release

violations; or

2. Aid in enforcing terms and conditions of probation, parole

or conditional release or other orders of the court.

Any person placed under an order to report any probation, parole

or conditional release violations or aid in enforcing terms and

conditions of probation, parole or conditional release or other

orders of the court and who fails to do as ordered may be found in

indirect contempt of court. Punishment for any such act of contempt

shall not exceed a fine of Three Hundred Dollars ($300.00), or

imprisonment for not more than thirty (30) days in the county jail

if the violator is an adult, or both such fine and imprisonment.

The pursuit and prosecution of an indirect contempt of court

judgment shall be initiated by the district attorney.

D. As used in this section, "guardian" or "custodian" shall not

include any private or public agency having temporary or permanent

custody of the child. Provided, nothing in this subsection shall

allow the agency to fail to comply with a writ of habeas corpus

issued by the court.
Okla. Stat. tit. 10A, § 10A-2-5-208A — OK Code / Title 10A / Section 10A-2-5-208A
XXX
Status: in_force

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 365

A. After consideration of the evidence and argument presented,

the court shall impose a sentence. The court may sentence the

youthful offender to the same range of punishment, except for

capital offenses, as an adult who was convicted of the same offense

or offenses. Any sentence imposed upon a youthful offender may be

served in the supervision or custody of the Office of Juvenile

Affairs until one of the following occurs:

1. The expiration of the sentence;

2. The youthful offender is discharged from supervision or

custody of the Office of Juvenile Affairs by the court; or

3. The court transfers the youthful offender to the custody or

supervision of the Department of Corrections.

In addition to the placement of the youthful offender in the

supervision or custody of the Office of Juvenile Affairs, the court

may issue orders regarding the youthful offender as provided by law

for the disposition of an adjudicated juvenile delinquent as long as

the age of the youthful offender does not exceed nineteen (19) years

of age.

B. A youthful offender adjudication is not an adult conviction,

nor shall any youthful offender adjudication prevent the youthful

offender from exercising any right or privilege under law.

C. The sentence imposed by the court on a youthful offender who

is transferred to the custody or supervision of the Department of

Corrections shall not exceed the maximum term of the original

sentence.

D. Upon adjudicating a youthful offender, the court shall file

a Judgment of Adjudication as a Youthful Offender. The Judgment of

Adjudication shall reflect the date of adjudication, the adjudicated

crimes, and the youthful offender sentence imposed.

E. Whenever a youthful offender is placed in the custody or

under the supervision of the Office of Juvenile Affairs, the Office

of Juvenile Affairs shall, within thirty (30) days of receiving

notification of the placement, prepare and file with the court the

written rehabilitation plan for the youthful offender. The

rehabilitation plan shall ensure the protection of the public and

shall include but not be limited to:

1. The placement decision, such as community, group home,

secure care, or specialized placement;

2. The youthful offender's treatment and educational needs;

3. The measurable objectives required for the youthful

offender's successful completion of the rehabilitation plan;

4. The treatment objectives for the youthful offender's parent,

guardian, or next friend; and

5. If the youthful offender is placed in a group home, secure

care, or specialized placement, the preconditions for reintegration

into the community.
Okla. Stat. tit. 10, § 10-1420 — OK Code / Title 10 / Section 10-1420
Transfer of property, records, funds, etc
Status: in_force

All property, records, equipment, supplies, and funds, including

trust funds and revolving funds, and other assets, owned or

Oklahoma Statutes - Title 10. Children Page 228

possessed by the Oklahoma School for the Blind or the Oklahoma

School for the Deaf are hereby transferred to the Commission for

Rehabilitation Services; and all contracts, leases, agreements and

obligations to which the State Board of Education is a party for or

on behalf of either of such institutions shall be assumed by the

Commission.
Okla. Stat. tit. 10, § 10-452 — OK Code / Title 10 / Section 10-452
Transfer of property, contracts and funds
Status: in_force

(a) All personal properties, records, equipment, and supplies

now owned and in use by the above named institutions shall be

transferred to and become the property of the Oklahoma Public

Welfare Commission.

(b) All contracts, leases, and such other agreements as may have

been entered into by the Board of Managers, relative to the above

named institutions, and such responsibilities as are in effect on

the effective date of this act shall be assumed by and become

binding upon the Oklahoma Public Welfare Commission and Department

of Public Welfare.

(c) All unexpended funds to the credit of the above named

institutions shall be transferred by the State Treasurer to the

State Department of Public Welfare and placed in a separate account

with said State Treasurer. The account shall be known as the "State

Homes and Training Schools Operation Fund."
Okla. Stat. tit. 10A, § 10A-2-6-101 — OK Code / Title 10A / Section 10A-2-6-101
Court to keep records - Definitions
Status: in_force

A. The court shall make and keep records of all cases brought

before the court pursuant to the Oklahoma Juvenile Code. The court

shall devise and cause to be printed such forms for social and legal

records and such other papers as may be required.

B. As used in the Oklahoma Juvenile Code:

1. "Records" or "record" shall include but not be limited to

written or printed documents, papers, logs, reports, files, case

notes, films, photographs, psychological evaluations, certification

studies, presentence investigations, audio or visual tape recordings

pertaining to a juvenile proceeding or a child, and shall include

information entered into and maintained in an automated or

computerized information system;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 375

2. "Juvenile court record" means legal and social records other

than adoption records, including but not limited to agency, law

enforcement and district attorney's records, filed with the court

that are related to a child who is the subject of a court proceeding

pursuant to the Oklahoma Juvenile Code;

3. "Agency record" means records prepared, obtained or

maintained by a public or private agency with regard to a child who

is or has been under its care, custody or supervision or with regard

to a family member or other person living in the home of such child

and shall include but not be limited to:

a. any study, plan, recommendation, assessment or report

made or authorized to be made by such agency for the

purpose of determining or describing the history,

diagnosis, custody, condition, care or treatment of

such child, or

b. any records made in the course of any investigation or

inquiry conducted by an agency to determine whether a

child is a delinquent child or a child in need of

supervision;

4. "District attorney's records" means any records prepared or

obtained by an office of a district attorney relating to a juvenile

case and any records prepared or obtained for the prosecution of

crimes against children that constitute a legal or social record of

a child;

5. "Law enforcement records" means any contact, incident or

similar reports, arrest records, disposition records, detention

records, fingerprints, or photographs related to a child and shall

include but not be limited to reports of investigations or inquiries

conducted by a law enforcement agency to determine whether a child

is or may be subject to the provisions of this chapter as a

delinquent child or a child in need of supervision. Law enforcement

records pertaining to juveniles shall be maintained separately from

records pertaining to adults;

6. "Nondirectory education records" means any records

maintained by a public or private school, including a technology

center school, regarding a child who is or has been a student at the

school which are categorized as private or confidential records

pursuant to the federal Family Educational Rights and Privacy Act of

1974 and any rules promulgated pursuant to the act;

7. "Legal record" means any petition, docket, motion, finding,

order, judgment, pleading, certification study, paper or other

document, other than social records, filed with the court;

8. "Social record" means family social histories, medical

reports, psychological and psychiatric evaluations or assessments,

clinical or other treatment reports, educational records, or home

studies, even if attached to court reports prepared by the agency;

and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 376

9. "Participating agency" means any public or private agency

that has entered into a contract or an interagency agreement under

the Interlocal Cooperation Act in accordance with the rules and

guidelines adopted pursuant to Section 620.6 of Title 10 of the

Oklahoma Statutes or the Juvenile Offender Tracking Program for the

purpose of accessing and sharing information necessary for the care,

treatment, and supervision of children and youth.
Okla. Stat. tit. 10, § 10-425 — OK Code / Title 10 / Section 10-425
Limits on local regulations pertaining to family child
Status: in_force

care home licensees.

Local governing authorities shall not promulgate local

regulations that permit or require licensees of family child care

homes as defined in Section 402 of Title 10 of the Oklahoma Statutes

to exceed or limit the capacity provided by the license granted to

the family child care home licensee by the Department of Human

Services.
Okla. Stat. tit. 10, § 10-601.61 — OK Code / Title 10 / Section 10-601.61
Short title
Status: in_force

This act shall be known and may be cited as the "Community Youth

Development Act".
Okla. Stat. tit. 10A, § 10A-1-8-112 — OK Code / Title 10A / Section 10A-1-8-112
Private child-placing agencies – Objection to
Status: in_force

placement of a child based on religious or moral convictions or

policies.

A. To the extent allowed by federal law, no private child-

placing agency shall be required to perform, assist, counsel,

recommend, consent to, refer, or participate in any placement of a

child for foster care or adoption when the proposed placement would

violate the agency's written religious or moral convictions or

policies.

B. The Department of Human Services shall not deny an

application for an initial license or renewal of a license or revoke

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 214

the license of a private child-placing agency because of the

agency's objection to performing, assisting, counseling,

recommending, consenting to, referring, or participating in a

placement that violates the agency's written religious or moral

convictions or policies.

C. A state or local government entity may not deny a private

child-placing agency any grant, contract, or participation in a

government program because of the agency's objection to performing,

assisting, counseling, recommending, consenting to, referring, or

participating in a placement that violates the agency's written

religious or moral convictions or policies.

D. Refusal of a private child-placing agency to perform,

assist, counsel, recommend, consent to, refer, or participate in a

placement that violates the agency's written religious or moral

convictions or policies shall not form the basis of a civil action.

E. Notwithstanding the provisions of this section, a private

child-placing agency shall not refuse to perform any act otherwise

required by state or federal law, or authorize any act otherwise

prohibited by state or federal law. The provisions of this act

shall not be construed to allow a private child-placing agency to

refuse any services to a child in the custody of the Department.
Okla. Stat. tit. 10, § 10-7510-2.5 — OK Code / Title 10 / Section 10-7510-2.5
Withdrawal of child from register
Status: in_force

A child registered with the Oklahoma Children's Adoption

Resource Exchange or any other instate, out-of-state or national

adoption exchange as legally adoptable shall be withdrawn from the

register when the exchange receives written notification from the

agency having legal custody that the child has been placed in an

adoptive home.

Oklahoma Statutes - Title 10. Children Page 388
Okla. Stat. tit. 10, § 10-7510-1.6 — OK Code / Title 10 / Section 10-7510-1.6
Denial of assistance - Hearing
Status: in_force

An adoptive parent or parents whose application for adoption

assistance on behalf of a child has been denied by the Department of

Human Services may request an administrative hearing within thirty

(30) days of the date of the denial.
Okla. Stat. tit. 10, § 10-1607 — OK Code / Title 10 / Section 10-1607
Renumbered as § 507 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-1116.6v2 — OK Code / Title 10 / Section 10-1116.6v2
Postadjudication Review Advisory Board
Status: in_force

A. There is hereby created a State Postadjudication Review

Advisory Board which shall meet at least twice each calendar year.

The Advisory Board shall have the duty of overseeing implementation

Oklahoma Statutes - Title 10. Children Page 195

of the postadjudication review program in coordination with the

Oklahoma Commission on Children and Youth.

B. The Advisory Board shall consist of twenty-one (21) members

appointed by the Governor as follows:

1. Eight of the members shall be members of the various review

boards throughout the state;

2. Five of the members shall be judges of the district court;

3. Five of the members shall represent the general public and

may be foster parents;

4. One of the members shall be a foster parent representing

foster parents who have a current contract with the Department of

Human Services to provide foster care services;

5. One of the members shall be a foster parent representing

child-placing agencies which have current contracts with the

Department to provide foster care services; and

6. One of the members shall be a foster parent nominated by any

local or statewide foster parent association.

The members shall serve at the pleasure of the Governor. The

administrative heads of the divisions which have foster care

responsibilities within the Department of Human Services and the

Office of Juvenile Affairs or their designees shall serve as ex

officio members of the Board.

C. The Director of the Oklahoma Commission on Children and

Youth shall make staff support available to the Advisory Board.

The Advisory Board shall have the duty to:

1. Assist in the training of the members of the review boards;

2. Serve, in coordination with the Commission, as a

clearinghouse for information concerning the review boards as they

relate to the foster care system;

3. Make recommendations to the courts, the Commission, the

Governor, the Legislature, the Department of Human Services, the

Office of Juvenile Affairs, and other state agencies providing

services to children regarding proposed statutory revisions and

amendments to court rules and procedures, and review and make

recommendations on permanency planning, foster care and child

welfare service delivery policies, guidelines, and procedures;

4. Work with both public and private foster care and adoption

agencies to inform the public of the need for temporary and

permanent homes and other services for deprived children; and

5. Review and make recommendations specifically related to

foster care and permanency planning and on any other aspect of the

child welfare system it deems necessary.

D. The Commission, with the assistance of the Advisory Board,

shall be responsible for developing and providing the necessary

training for members of the postadjudication review boards.

Oklahoma Statutes - Title 10. Children Page 196

E. The Advisory Board shall submit a report of the activities,

findings and recommendations of the review boards to the Commission

on or before May 1 of each year.

F. The Commission shall incorporate, as appropriate, the

activities and recommendations of the review boards in the annual

report required by Section 601.5 of this title.
Okla. Stat. tit. 10, § 10-19 — OK Code / Title 10 / Section 10-19
Renumbered as § 112.2A of Title 43 by Laws 2009, c. 233, §
Status: in_force

202, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7700-303 — OK Code / Title 10 / Section 10-7700-303
Denial of paternity - Validity
Status: in_force

A presumed father may sign a denial of his paternity. The

denial is valid only if:

1. An acknowledgment of paternity signed, or otherwise

authenticated, by another man is filed pursuant to Section 20 of

this act;

2. The denial is in a record, and is signed, or otherwise

authenticated, under penalty of perjury;

3. The presumed father has not previously:

a. acknowledged his paternity, unless the previous

acknowledgment has been rescinded pursuant to Section

15 of this act or successfully challenged pursuant to

Section 16 of this act, or

b. been adjudicated to be the father of the child; and

4. The denial is signed not later than two (2) years after the

birth of the child.
Okla. Stat. tit. 10, § 10-170.1 — OK Code / Title 10 / Section 10-170.1
Renumbered as § 1-3-101 of Title 10A by Laws 2009, c
Status: in_force

233, § 222, emerg. eff. May 21, 2009.Oklahoma Statutes - Title 10. Children Page 4
Okla. Stat. tit. 10A, § 10A-2-4-103 — OK Code / Title 10A / Section 10A-2-4-103
Administrative work of court - Uniformity of
Status: in_force

procedures and care.

A. The director, under the general supervision of the judge,

shall organize, direct and develop the administrative work of the

court, including the social, financial and clerical work, and the

director shall perform such other duties as to children as any judge

of the court shall direct. The technical and professional employees

shall have charge of cases assigned to them for investigation or

treatment and shall perform such other duties as may be assigned to

them by the director.

B. To assure uniformity of procedures and care throughout the

state, each juvenile bureau shall perform its statutory duties for

children alleged or adjudicated to be in need of supervision or

delinquent in accordance with the procedures and guidelines

promulgated by the Board of Juvenile Affairs and implemented by the

Office of Juvenile Affairs.
Okla. Stat. tit. 10, § 10-7303-8.4 — OK Code / Title 10 / Section 10-7303-8.4
Renumbered as § 2-2-804 of Title 10A by Laws 2009, c
Status: in_force

234, § 184, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-7-606 — OK Code / Title 10A / Section 10A-2-7-606
Central Oklahoma Juvenile Center - Supervision,
Status: in_force

management and control.

A. The Office of Juvenile Affairs shall have the supervision,

management, operation and control of the institution for children

located at Tecumseh, formerly known and designated as Girls' Town

and now known as Central Oklahoma Juvenile Center, and all property,

equipment and supplies related thereto.

B. The Central Oklahoma Juvenile Center shall maintain

facilities and bed-space capacity for programs that are consistent

with providing statewide juvenile justice and delinquency prevention

services.

C. It shall be the duty of the State Fire Marshal and the State

Commissioner of Health, to cause regular, periodic, not less than

quarterly, unannounced inspections of said institution, utilizing

adequately trained and qualified inspection personnel, to determine

and evaluate conditions and programs being maintained and carried on

at said institution in their respective areas of agency

jurisdiction. Such inspections shall include, but not be limited

to, the following: compliance with minimum fire, life and health

safety standards; compliance with minimum standards governing

general sanitation of the institution, with particular emphasis upon

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 437

food storage, preparation, serving and transportation, respectively.

Reports of such inspections will be made in writing, itemizing and

identifying any deficiencies and recommending corrective measures,

and shall be filed with the Board of Juvenile Affairs, the Executive

Director of the Office of Juvenile Affairs, the Attorney General,

the Speaker of the House of Representatives, the President Pro

Tempore of the Senate, the Office of Juvenile System Oversight and

the Oklahoma Commission on Children and Youth. The Office of

Juvenile Affairs shall file copies of the reports of the inspections

and recommendations of the accrediting agencies listed in subsection

D of this section with the Office of Juvenile System Oversight.

D. The Office of Juvenile Affairs is authorized and directed to

establish, subject to the limits of funds available therefor, a

diversity of placement alternatives for children committed to the

custody of the Office including, but not limited to, foster family

homes, foster family group homes, and group homes. All child care

services and facilities operated by the Office shall be accredited

by the American Correctional Association, the Joint Commission on

Accreditation of Hospitals or the Child Welfare League of America,

as appropriate for the service or facility. The Office may directly

contract for accreditation fees, training or training conferences

with the organization accrediting the service or facility as

required by this subsection.
Okla. Stat. tit. 10A, § 10A-2-7-704 — OK Code / Title 10A / Section 10A-2-7-704
Eligibility for contracts - Contract criteria -
Status: in_force

Duties of recipients.

A. The Office of Juvenile Affairs shall establish procedures

and criteria for selecting and implementing program models and

awarding contracts. The Board of Juvenile Affairs shall promulgate

rules as necessary for the implementation of the Delinquency and

Youth Gang Intervention and Prevention Act.

B. In order to be eligible for a contract in an at-risk

neighborhood or community, as defined by Section 2-7-702 of this

title, pursuant to the Delinquency and Youth Gang Intervention and

Prevention Act the contract shall, at minimum:

1. Be made by an individual or organization, a neighborhood or

community organization, a municipality or county or a municipal or

county agency from the at-risk neighborhood or community. If a

school or local law enforcement agency is not a participant in the

contract, the contract shall document and describe the active

participation in and support of either the local school or local law

enforcement agency in the program and activities for which the

contract is submitted;

2. Be a program or activity for children at highest risk of

involvement in gangs or delinquent behaviors, as defined by Section

2-7-702 of this title, and their family members;

3. Describe the respective roles and responsibilities for the

administration and operation of the program and activities,

including but not limited to the designation of the entity

responsible for the receipt and expenditure of any funds awarded

pursuant to the Delinquency and Youth Gang Intervention and

Prevention Act;

4. Specifically identify the at-risk neighborhood or community

where the programs and activities will be implemented and provide

either statistical information concerning the at-risk area or a

letter of support from a local school or local law enforcement

agency;

5. Describe how the program will coordinate and cooperate with

programs and services administered by the Office of Juvenile

Affairs, the Department of Human Services, the State Department of

Education, and other state or local agencies, such as law

enforcement, courts and other agencies within the juvenile, children

and youth service system; and

6. Provide the program and activities on-site in a school,

community center, or other similar location within the identified

at-risk neighborhood or community.

C. In order to be eligible for training or continuing education

contracts or any other contracts pursuant to the Delinquency and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 450

Youth Gang Intervention and Prevention Act, the contract shall, at a

minimum:

1. Describe the respective roles and responsibilities for the

administration and operation of the training or activity, including

but not limited to, the designation of the entity responsible for

the receipt and expenditure of any funds awarded pursuant to the

Delinquency and Youth Gang Intervention and Prevention Act; and

2. Describe how the training or activity will coordinate and

cooperate with existing programs and services administered by the

Office of Juvenile Affairs, the Department of Human Services, the

State Department of Education, and other state or local agencies,

such as law enforcement, courts and other agencies within the

juvenile, children and youth service system.

D. Each entity receiving a contract pursuant to the Delinquency

and Youth Gang Intervention and Prevention Act shall work with local

community leaders, neighborhood associations, direct service

providers, local school officials, law enforcement and other

stakeholders to create a local youth and gang violence coordinating

council to help facilitate the implementation of the program. The

entity shall also submit an annual evaluation report to the Office

of Juvenile Affairs, by a date subsequent to the end of the contract

period as established by the Office, documenting the extent to which

the program objectives were met and any other information required

by the Office.
Okla. Stat. tit. 10A, § 10A-2-10-102 — OK Code / Title 10A / Section 10A-2-10-102
Application to administer - Requirements
Status: in_force

1. The Oklahoma Commission on Children and Youth shall issue a

request for proposals on or before July 1, 2024, and July 1 of every

third year thereafter for which the Oklahoma Mentoring Children of

Incarcerated Parents Program is funded, seeking applications to

administer the Oklahoma Mentoring Children of Incarcerated Parents

Program.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 487

2. The Office of Management and Enterprise Services shall work

in conjunction with the Commission to coordinate a competitive bid

process.

3. The Commission, in coordination with the Office of

Management and Enterprise Services, shall review the applications

for compliance with the established requirements.

4. Entities eligible to submit applications to administer the

Oklahoma Mentoring Children of Incarcerated Parents Program shall be

limited to nonprofit organizations or programs which are exempt from

taxation pursuant to the provisions of Section 501 (c)(3) of the

Internal Revenue Code, 26 U.S.C., Section 501 (c)(3) and which

otherwise meet the requirements set forth in paragraph 5 of this

section.

5. The Commission may approve an application that meets the

requirements set forth in this subsection and as established by the

Commission. The approved applicant shall provide one-to-one

mentoring services to children of incarcerated parents who are in

the custody of the Office of Juvenile Affairs and currently placed

outside the home, or have been identified by the Office of Juvenile

Affairs as at risk of becoming involved in the juvenile justice

system. The selected applicant shall:

a. currently serve youth ages 6-18,

b. have a statewide presence,

c. currently provide one-to-one mentoring to children of

incarcerated parents,

d. have served children of incarcerated parents for five

(5) years or more,

e. have rigorous volunteer application and screening

processes,

f. have child safety policies and procedures,

g. measure performance outcomes via multiple tools,

h. have five (5) years or more of performance outcome

data,

i. provide ongoing safety training and diversity training

for program staff,

j. have an established working relationship with the

Office of Juvenile Affairs,

k. set match-retention-rate goals,

l. have experience working with high-risk populations,

and

m. deliver contracted services at a cost no greater than

One Thousand Five Hundred Dollars ($1,500.00) per

mentor-mentee match.

6. On or before July 1, 2012, and each July 1 thereafter for

which the Oklahoma Mentoring Children of Incarcerated Parents

Program is funded, the Office of Juvenile Affairs may forward

applications that the Office of Juvenile Affairs has determined meet

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 488

the requirements of this section to the Commission. On or before

November 1, 2012, and each November thereafter for which the

Oklahoma Mentoring Children of Incarcerated Parents Program is

funded, the Commission shall award, through a competitive bid

process, one grant to one applicant to provide one-to-one mentoring

services to children of incarcerated parents who either are in the

custody of the Office of Juvenile Affairs and currently placed

outside the home or have been identified by the Office of Juvenile

Affairs as at risk of becoming involved in the juvenile justice

system.

7. In addition to the grant funding, the Commission shall be

authorized to provide other appropriate assistance to the selected

applicant.

8. The Commission shall be authorized to promulgate rules and

establish procedures necessary to implement the provisions of this

act.

9. The Office of Management and Enterprise Services shall work

with the Commission to implement the provisions of this act.
Okla. Stat. tit. 10, § 10-7303-4.2 — OK Code / Title 10 / Section 10-7303-4.2
Renumbered as § 2-2-402 of Title 10A by Laws 2009, c
Status: in_force

234, § 180, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-7-401 — OK Code / Title 10A / Section 10A-2-7-401
Juvenile Detention Improvement Revolving Fund
Status: in_force

A. There is hereby created in the State Treasury a revolving

fund for the Office of Juvenile Affairs to be designated the

"Juvenile Detention Improvement Revolving Fund". The fund shall be

a continuing fund, not subject to fiscal year limitations, and shall

consist of all monies appropriated to the Juvenile Detention

Improvement Revolving Fund and monies which may otherwise be

available to the Office of Juvenile Affairs for use as provided for

in this section.

B. All monies appropriated to the fund shall be budgeted and

expended by the Office of Juvenile Affairs for the purpose of

providing funds to counties to renovate existing juvenile detention

facilities, to construct new juvenile detention facilities, to

operate juvenile detention facilities and otherwise provide for

secure juvenile detention services and alternatives to secure

detention as necessary and appropriate, in accordance with state-

approved juvenile detention standards and the State Plan for the

Establishment of Juvenile Detention Services provided for in Section

2-3-103 of this title. The participation of local resources shall

be a requirement for the receipt by counties of said funds and the

Department shall establish a system of rates for the reimbursement

of secure detention costs to counties. The methodology for the

establishment of said rates may include, but not be limited to,

consideration of detention costs, the size of the facility, services

provided and geographic location. Expenditures from said fund shall

be made upon warrants issued by the State Treasurer against claims

filed as prescribed by law with the Director of the Office of

Management and Enterprise Services for approval and payment.

1. The rate of reimbursement of approved operating cost shall

be eighty-five percent (85%) for the Office of Juvenile Affairs and

fifteen percent (15%) for the county.

2. The rate of reimbursement of approved operating cost shall

be one hundred percent (100%) for the Office of Juvenile Affairs for

a child in the custody of the Office of Juvenile Affairs after

adjudication and disposition who is held in a juvenile detention

facility when the child is pending a placement consistent with the

treatment needs of that child as identified by the Office of

Juvenile Affairs.

3. The Office of Juvenile Affairs shall approve only those

applications for funds to renovate an existing juvenile detention

facility or any other existing facility or to construct a new

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 421

juvenile detention facility which contain proposed plans that are in

compliance with state-approved juvenile detention standards.

4. The Office of Juvenile Affairs shall approve only those

applications or contracts for funds to operate juvenile detention

facilities or otherwise provide for secure juvenile detention

services and alternatives to secure detention which are in

compliance with or which are designed to achieve compliance with the

State Plan for the Establishment of Juvenile Detention Services

provided for in Section 2-3-103 of this title.

5. The Office of Juvenile Affairs shall, from appropriated

state monies or from available federal grants, provide for payment

pursuant to contract for transportation personnel and vehicle-

related costs and reimburse for eligible travel costs for counties

utilizing the juvenile detention facilities identified in the "State

Plan for the Establishment of Juvenile Detention Services" in

accordance with the provisions of the State Travel Reimbursement Act

and in accordance with Section 2-3-103 of this title.
Okla. Stat. tit. 10A, § 10A-1-8-105 — OK Code / Title 10A / Section 10A-1-8-105
Penalties
Status: in_force

A willful violation of any provision of an order of the court

issued under the provisions of this Code shall constitute indirect

contempt of court, and shall be punishable as such. Punishment for

any such act of contempt shall not exceed a fine of Three Hundred

Dollars ($300.00), or imprisonment in the county jail for more than

thirty (30) days, or both such fine and imprisonment.
Okla. Stat. tit. 10, § 10-137 — OK Code / Title 10 / Section 10-137
Guardian refusing to maintain child or send him to school
Status: in_force

- Delivery of child to court - Charge for board and clothing.

Oklahoma Statutes - Title 10. Children Page 59

The guardian of any child who has an income or estate belonging

to such child sufficient to educate and maintain such child and who

refuses to maintain such child, or refuses to send him to school as

provided by law, shall be compelled under the provisions of this

Act, to deliver said child to the juvenile court; provided, that no

charge of more than Fifteen Dollars ($15.00) per month shall be made

for board and other additional expenses necessary to clothe such

child, and that the county judge or judge of the juvenile court or

children's court may, by proper order, use any part of the estate of

such child, or the income therefrom, for said purposes.
Okla. Stat. tit. 10A, § 10A-1-4-502 — OK Code / Title 10A / Section 10A-1-4-502
Jury trial
Status: in_force

A. A parent entitled to service of summons, the state or a

child shall have the right to demand a trial by jury on the sole

issue of termination of parental rights only in the following

circumstances:

1. When the initial petition to determine if a child is

deprived also contains a request for termination of parental rights

in which case the court shall determine if the child should be

adjudicated deprived and, if so, the jury shall determine if

parental rights should be terminated; or

2. When, following a hearing in which the child is adjudicated

deprived, a request for termination of parental rights is filed by

the state or the child.

B. The demand for a jury trial shall be granted unless waived,

or the court on its own motion may call a jury to try any

termination of parental rights case.

C. 1. If the jury trial to determine whether parental rights

should be terminated is waived, the court shall issue a scheduling

order within thirty (30) days. A bench trial shall commence within

ninety (90) days of the issuance of the scheduling order unless the

court issues a written order with findings of fact supporting a

determination that there exists an exceptional circumstance to

support the delay or that the parties and the guardian ad litem, if

any, agree to such continuance.

2. Upon a demand for a trial by jury, the court shall issue a

scheduling order within thirty (30) days. A jury trial shall

commence within six (6) months of the issuance of the scheduling

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 97

order unless the court issues a written order with findings of fact

supporting a determination that there exists an exceptional

circumstance to support the delay or that the parties and the

guardian ad litem, if any, agree to such continuance. The jury

shall consist of six (6) persons. A party who requests a jury trial

and fails to appear in person for such trial, after proper notice

and without good cause, may be deemed by the court to have waived

the right to such jury trial, and the termination of parental rights

shall be by nonjury trial unless another party demands a jury trial

or the court determines on its own motion to try the case to a jury.
Okla. Stat. tit. 10, § 10-7309-1.4 — OK Code / Title 10 / Section 10-7309-1.4
Renumbered as § 2-9-104 of Title 10A by Laws 2009, c
Status: in_force

234, § 192, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-9-101 — OK Code / Title 10A / Section 10A-1-9-101
Community-based programs
Status: in_force

The Oklahoma Commission on Children and Youth and the Oklahoma

Youth Services Association, in cooperation with the Department of

Human Services, shall:

1. Identify community-based prevention and intervention-related

services and facilitate access to such services for children and

families at risk of future abuse or neglect; and

2. Assist in the development and coordination of community-

based programs that work to reduce the potential for abuse and

neglect in at-risk families.
Okla. Stat. tit. 10A, § 10A-2-5-213 — OK Code / Title 10A / Section 10A-2-5-213
Pardon by Governor — Motion to set aside conviction —
Status: in_force

Release from penalties, destruction of records.

A. Upon the motion of a person who has been adjudicated and

sentenced as a youthful offender and who has been subsequently

transferred to the adult system pursuant to Section 10 of this act,

with the recommendation of the sentencing court, the Governor may

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 373

grant a full and complete pardon and restore citizenship to any

person who has been convicted and sentenced as an adult and who has

completed the sentence or been discharged from parole.

B. Upon the motion of a person convicted as a youthful

offender, and three (3) years after the expiration of the sentence

of the youthful offender, the court may set aside the conviction if:

1. The court has previously found that the person has

reasonably complied with the rehabilitation plan and objectives;

2. The person was discharged from supervision by the Office of

Juvenile Affairs, or was granted early discharge from such

supervision by the court; or

3. The person has completed the sentence imposed as a result of

his first conviction as a youthful offender and has no subsequent

convictions.

If a conviction is set aside pursuant to this subsection, the

youthful offender shall thereafter be released from all penalties

and disabilities resulting from the offense for which such person

was convicted, including but not limited to, any disqualification

for any employment or occupational license, or both, created by any

other provision of law. The court may in addition order any law

enforcement agency over whom the court has jurisdiction to produce

all files and records pertaining to said arrest and conviction of

the youthful offender and shall order the clerk of the court to

destroy the entire file and record of the case, including docket

sheets, index entries, court records, summons, warrants or records

in the office of the clerk or which have been produced by a law

enforcement agency in which the name of the youthful offender is

mentioned. The court may order probation officers and counselors to

destroy all records, reports, and social and clinical studies

relating to said youthful offender that are in their possession

except when said documents are necessary to maintain state or

federal funding.
Okla. Stat. tit. 10A, § 10A-2-7-607 — OK Code / Title 10A / Section 10A-2-7-607
Lloyd E. Rader Children's Center - Administration and
Status: in_force

control.

The official name and designation of the center for children

situated at Sand Springs, Oklahoma, shall be Lloyd E. Rader

Children's Center. The supervision, management, operation and

control of the Center and all property, records, equipment and

supplies related thereto shall be the responsibility of the Office

of Juvenile Affairs.
Okla. Stat. tit. 10, § 10-557.5 — OK Code / Title 10 / Section 10-557.5
Necessary parties to agreement - Requirements
Status: in_force

A. The following persons, and only the following persons, are

necessary parties to a gestational agreement, and a gestational

agreement shall not be validated if all such applicable necessary

parties have not joined in the gestational agreement in compliance

with the Oklahoma Gestational Agreement Act:

1. The gestational carrier;

2. The gestational spouse, if applicable; and

3. Each intended parent of a child to be born pursuant to a

gestational carrier arrangement.

B. The following requirements apply to the necessary parties to

a gestational agreement, and failure to meet such requirements shall

prevent a court from validating the gestational agreement:

1. The gestational carrier, the gestational spouse, if

applicable, and each intended parent must be at least twenty-one

(21) years of age at the time the parties enter into the gestational

agreement;

2. No more than two intended parents may be party to a

gestational agreement;

3. If an intended parent is married, then that intended

parent's spouse must be a party to the gestational agreement as an

intended parent;

4. If there are two intended parents that are party to a

gestational agreement, then they must be married to each other; and

5. No person may be a party to a gestational agreement under

this act if such person is in the United States illegally pursuant

to the immigration laws of the United States in effect at the time

of a gestational agreement.
Okla. Stat. tit. 10A, § 10A-1-4-201 — OK Code / Title 10A / Section 10A-1-4-201
Circumstances authorizing taking a child into custody
Status: in_force

– Joint response by Department of Human Services, law enforcement,

and district courts – Safety evaluation.

A. Pursuant to the provisions of this section, a child may be

taken into custody prior to the filing of a petition:

1. By a peace officer or employee of the court, without a court

order if the officer or employee has reasonable suspicion that:

a. the child is in need of immediate protection due to an

imminent safety threat,

b. the circumstances or surroundings of the child are

such that continuation in the child's home or in the

care or custody of the parent, legal guardian, or

custodian would present an imminent safety threat to

the child, or

c. the child, including a child with a disability, is

unable to communicate effectively about abuse, neglect

or other safety threat or is in a vulnerable position

due to the inability to communicate effectively and

the child is in need of immediate protection due to an

imminent safety threat; or

2. By an order of the district court issued upon the

application of the office of the district attorney. The application

presented by the district attorney may be supported by a sworn

affidavit which may be based upon information and belief. The

application shall state facts sufficient to demonstrate to the court

that a continuation of the child in the home or with the caretaker

of the child is contrary to the child's welfare and there is

reasonable suspicion that:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 74

a. the child is in need of immediate protection due to an

imminent safety threat,

b. the circumstances or surroundings of the child are

such that continuation in the child's home or in the

care or custody of the parent, legal guardian, or

custodian would present an imminent safety threat to

the child, or

c. the child, including a child with a disability, is

unable to communicate effectively about abuse, neglect

or other safety threat or is in a vulnerable position

due to the inability to communicate effectively and

the child is in need of immediate protection due to an

imminent safety threat.

The application and order may be verbal and upon being advised by

the district attorney or the court of the verbal order, law

enforcement shall act on such order. If verbal, the district

attorney shall submit a written application and proposed order to

the district court within one (1) judicial day from the issuance of

the verbal order. Upon approval, the application and order shall be

filed with the court clerk; or

3. By order of the district court when the child is in need of

medical or behavioral health treatment in order to protect the

health, safety, or welfare of the child and the parent, legal

guardian, or custodian of the child is unwilling or unavailable to

consent to such medical or behavioral health treatment or other

action, the court shall specifically include in the emergency order

authorization for such medical or behavioral health evaluation or

treatment as it deems necessary.

B. 1. By January 1, 2010, the Department in consultation with

law enforcement and the district courts shall develop and implement

a system for joint response when a child is taken into protective

custody by a peace officer pursuant to paragraph 1 of subsection A

of this section. The system shall include:

a. designation of persons to serve as contact points for

peace officers, including at least one backup contact

for each initial contact point,

b. a protocol for conducting a safety evaluation at the

scene where protective custody is assumed to determine

whether the child faces an imminent safety threat and,

if so, whether the child can be protected through

placement with relatives or others without the

Department assuming emergency custody,

c. the development of reception centers for accepting

protective custody of children from peace officers

when the Department is unable to respond at the scene

within a reasonable time period,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 75

d. a protocol for conducting a safety evaluation at the

reception center within twenty-three (23) hours of the

assumption of protective custody of a child to

determine whether the child faces an imminent safety

threat and, if so, whether the child can be protected

through placement with relatives or others without the

Department assuming emergency custody, and

e. a protocol, when the child cannot safely be left in

the home, for transporting a child to the home of a

relative, kinship care home, an emergency foster care

home, a shelter, or any other site at which the

Department believes the child can be protected,

provided that the Department shall utilize a shelter

only when the home of a relative, kinship care home,

or emergency foster care home is unavailable or

inappropriate.

2. Beginning January 1, 2010, no child taken into protective

custody under paragraph 1 of subsection A of this section shall be

considered to be in the emergency custody of the Department until

the Department has completed a safety evaluation and has concluded

that the child faces an imminent safety threat and the court has

issued an order for emergency custody.

3. If the safety evaluation performed by the Department of a

child taken into protective custody under paragraph 1 of subsection

A of this section indicates that the child does not face an imminent

safety threat, the Department shall restore the child to the custody

and control of the parent, legal guardian, or custodian of the

child.

C. When an order issued by the district court pursuant to

subsection A of this section places the child in the emergency

custody of the Department of Human Services pending further hearing

specified by Section 1-4-203 of this title, an employee of the

Department may execute such order and physically take the child into

custody in the following limited circumstance:

1. The child is located in a hospital, school, or day care

facility; and

2. It is believed that assumption of the custody of the child

from the facility can occur without risk to the child or the

employee of the Department.

Otherwise, the order shall be executed and the child taken into

custody by a peace officer or employee of the court.

D. The court shall not enter a prepetition emergency custody

order removing a child from the home of the child unless the court

makes a determination:

1. That an imminent safety threat exists and continuation in

the home of the child is contrary to the welfare of the child; and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 76

2. Whether reasonable efforts have been made to prevent the

removal of the child from the child's home; or

3. An absence of efforts to prevent the removal of the child

from the home of the child is reasonable because the removal is due

to an emergency and is for the purpose of providing for the safety

and welfare of the child.

E. Whenever a child is taken into custody pursuant to this

section:

1. The child may be taken to a kinship care home or an

emergency foster care home designated by the Department, or if no

such home is available, to a children's shelter located within the

county where protective or emergency custody is assumed or, if there

is no children's shelter within the county, to a children's shelter

designated by the court;

2. Unless otherwise provided by administrative order entered

pursuant to subsection F of this section, the child may be taken

before a judge of the district court or the court may be contacted

verbally for the purpose of obtaining an order for emergency

custody. The court may place the child in the emergency custody of

the Department or some other suitable person or entity pending

further hearing specified by Section 1-4-203 of this title;

3. The child may be taken directly to or retained in a health

care facility for medical treatment, when the child is in need of

emergency medical treatment to maintain the child's health, or as

otherwise directed by the court; or

4. The child may be taken directly to or retained in a

behavioral health treatment facility for evaluation or inpatient

treatment, in accordance with the provisions of the Inpatient Mental

Health and Substance Abuse Treatment of Minors Act, when the child

is in need of behavioral health care to preserve the child's health,

or as otherwise directed by the court; and

5. Unless otherwise provided by administrative order entered

pursuant to subsection F of this section, the district court of the

county where the custody is assumed shall be immediately notified,

verbally or in writing, that the child has been taken into custody.

If notification is verbal, written notification shall be sent to the

district court within one (1) judicial day of such verbal

notification.

F. The court may provide, in an administrative order issued

pursuant to this section, for the disposition of children taken into

custody and notification of the assumption of such custody.

1. Such order or rule shall be consistent with the provisions

of subsection E of this section and may include a process for

release of a child prior to an emergency custody hearing. The

administrative order shall not include a provision to modify

protective custody of a child to emergency custody of the Department

upon admission of a child to a shelter; and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 77

2. The administrative order may require joint training of peace

officers and Department staff deemed necessary by the court to carry

out the provisions of the administrative order.

G. No child taken into custody pursuant to this section shall

be confined in any jail, adult lockup, or adult or juvenile

detention facility.

H. When a determination is made by the Department that there is

a significant risk of abuse or neglect, but there is not an imminent

safety threat to the child, the Department may recommend a court-

supervised and Department-monitored in-home placement. The

Department shall assist the family in obtaining the services

necessary to maintain the in-home care and correct the conditions

leading to the risk determination.

I. Any peace officer, employee of the court, or employee of the

Department is authorized to transport a child when acting pursuant

to this section. Such persons and any other person acting under the

direction of the court, who in good faith transports any child or

carries out duties pursuant to this section, shall be immune from

civil or criminal liability that may result by reason of such act.

For purposes of any proceedings, civil or criminal, the good faith

of any such person shall be presumed. This provision shall not

apply to damage or injury caused by the willful, wanton or gross

negligence or misconduct of a person.

J. A parent or person responsible for the child who is arrested

on a charge or warrant other than child abuse or neglect or an act

of child endangerment may designate another person to take physical

custody of the child. Upon this request, the peace officer may

release the child to the physical custody of the designated person.
Okla. Stat. tit. 10, § 10-7003-3.3 — OK Code / Title 10 / Section 10-7003-3.3
Renumbered as § 1-4-302 of Title 10A by Laws 2009, c
Status: in_force

233, § 230, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7003-5.6d — OK Code / Title 10 / Section 10-7003-5.6d
Renumbered as § 1-4-811 of Title 10A by Laws 2009,
Status: in_force

c. 233, § 257, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1403.1 — OK Code / Title 10 / Section 10-1403.1
Renumbered as § 7004-3.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-7-503 — OK Code / Title 10A / Section 10A-2-7-503
Delinquent children - Intent of Legislature - Powers
Status: in_force

and duties of Office.

A. It is the intent of the Legislature of this state to provide

for the creation of all reasonable means and methods that can be

established by a state for:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 426

1. The prevention of delinquency;

2. The care and rehabilitation of delinquent children; and

3. The protection of the public.

It is further the intent of the Legislature that this state, through

the Office of Juvenile Affairs, establish, maintain and continuously

refine and develop a balanced and comprehensive state program for

children who are potentially delinquent or are delinquent.

B. Except as provided in subsection C of this section, whenever

a child who has been adjudicated by the court as a delinquent child

has been committed to the Office of Juvenile Affairs, the Office

shall provide for placement pursuant to any option authorized by

paragraphs 1 through 7 of this subsection; provided, nothing in this

subsection shall be construed to establish a priority in regard to

the selection of an option or to mandate the exclusive use of one

particular option:

1. Place the child in a secure facility, including a collocated

secure facility, or other institution or facility maintained,

operated or contracted by the state for delinquent children if the

child has:

a. exhibited seriously violent, aggressive or assaultive

behavior,

b. committed a serious felony constituting violent,

aggressive and assaultive behavior,

c. habitually committed delinquent acts if such acts

would constitute felonies if committed by an adult,

d. committed multiple serious delinquent acts, or

e. violated any condition of probation or parole,

to the extent that it is necessary for the protection of the public.

For purposes of placement, all deferred prosecutions for serious,

habitual, violent, aggressive or assaultive crimes shall count

toward placement decisions;

2. Place the child in a facility maintained, operated or

contracted by the state for children, or in a foster home, group

home, transitional living program or community residential center;

3. Allow the child his or her liberty, under supervision, in an

independent living program;

4. Allow the child his or her liberty, under supervision,

either immediately or after a period in one of the facilities

referred to in paragraphs 1 and 2 of this subsection;

5. Place the child in a state school for individuals with

intellectual disabilities, if the child is eligible for admission

thereto;

6. Place the child in any licensed private facility deemed by

the Office of Juvenile Affairs to be in the best interest of the

child; or

7. Place the child as provided by Section 2-2-804 of this title

and the Inpatient Mental Health and Substance Abuse Treatment of

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 427

Minors Act, if the delinquent child has been found by a court to be

in need of mental health or substance abuse treatment.

C. The Office shall place priority on the placement of

delinquent youth held in secure juvenile detention facilities.

D. Placement of a juvenile pursuant to this section or any

other provision of law shall be the responsibility of the Office of

Juvenile Affairs and shall occur as soon as reasonably possible

after adjudication and after the selected placement option becomes

available.

The court shall not have authority to require specific placement

of a juvenile in a time frame which would require the removal of any

other juvenile from such placement.
Okla. Stat. tit. 10, § 10-7505-1.3 — OK Code / Title 10 / Section 10-7505-1.3
Court clerk or deputy may affix signature of judge to
Status: in_force

order and notice of hearing.

Whenever the Oklahoma Adoption Code requires that an order

setting the date of hearing and giving notice thereof be signed by a

judge, the chief judge in the county may, by judicial order, provide

that such order or notice may be signed by the court clerk or the

deputy of the court clerk affixing the signature of the court clerk

or deputy beneath the place where the judge's name appears followed

with the word "by:" and then followed with the signing officer's

title.
Okla. Stat. tit. 10A, § 10A-1-9-107 — OK Code / Title 10A / Section 10A-1-9-107
Successful Adulthood Act - Short title - Purpose
Status: in_force

A. This section shall be known and may be cited as the

"Successful Adulthood Act".

B. The purpose of the Successful Adulthood Act shall be:

1. To ensure that eligible individuals, who have been or are in

the foster care program of the Department of Human Services or a

federally recognized Indian tribe with whom the Department has a

contract, due to abuse or neglect, receive the protection and

support necessary to allow those individuals to become self-reliant

and productive citizens through the provision of requisite services

that include, but are not limited to, transitional planning,

housing, medical coverage, and education; provided, that eligibility

for tuition waivers shall be as set forth in Section 3230 of Title

70 of the Oklahoma Statutes;

2. To break the cycle of abuse and neglect that obligates the

state to assume custody of children; and

3. To help children who have experienced foster care at age

fourteen (14) or older achieve meaningful permanent connections with

a caring adult.

C. An individual is eligible to receive services for the

transition of the child to a successful adulthood from the age of

fourteen (14) until the age of eighteen (18), during the time the

individual is in the custody of the Department or a federally

recognized Indian tribe and in an out-of-home placement.

D. The permanency plan for the child in transition to a

successful adulthood shall be developed in consultation with the

child and, at the option of the child, with up to two members of the

permanency planning team to be chosen by the child, excluding the

foster parent and caseworker for the child, subject to the following

provisions:

1. One individual selected by the child may be designated to be

the advisor and, as necessary, advocate of the child, with respect

to the application of the reasonable and prudent parent standard to

the child; and

2. The Department may reject an individual selected by the

child to be a member of the permanency planning team at any time if

the Department has good cause to believe that the selected

individual would not act in the best interests of the child.

E. 1. Each child in foster care under the responsibility of

the Department or a federally recognized Indian tribe and in an out-

of-home placement, who has attained fourteen (14) years of age shall

be given a written Notice of Rights that describes the following

specific rights of the child:

a. the rights of the child with respect to education,

health, visitation, and court participation,

b. the right to be provided with the documents specified

in subsection F of this section, and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 229

c. the right to stay safe and avoid exploitation.

2. The child shall sign an acknowledgment stating that the

child has been provided with a copy of the Notice of Rights and that

the rights described in the notice have been explained to the child

in an age-appropriate way.

F. A child about to leave foster care by reason of having

attained eighteen (18) years of age and who has been in foster care

for at least six (6) months shall be given the following documents

pertaining to the child:

1. An official or certified copy of the United States birth

certificate;

2. A Social Security card issued by the Commissioner of Social

Security;

3. Health insurance information;

4. A copy of the medical records of the child;

5. A state-issued driver license or identification card; and

6. Official documentation necessary to show that the child was

previously in foster care.

G. Successful adulthood services may continue to the age of

twenty-one (21), provided the individual is in the custody of the

Department or a federally recognized Indian tribe due to abuse or

neglect and is in an out-of-home placement at the time of the

individual's sixteenth birthday.

H. Individuals who are sixteen (16) years of age or older, who

have been released from the custody of the Department or federally

recognized Indian tribe due to the entry of an adoption decree or

guardianship order are eligible to receive successful adulthood

services until the age of twenty-one (21).

I. Individuals who are eligible for services pursuant to the

Successful Adulthood Act and who are between eighteen (18) and

twenty-one (21) years of age shall be eligible for Medicaid

coverage, provided such individuals were also in the custody of the

Department or a federally recognized Indian tribe on the date they

reached eighteen (18) years of age and meet Medicaid financial

eligibility guidelines.

J. The Department, in conjunction with the Oklahoma State

Regents for Higher Education, shall provide parents and legal

guardians of foster youth with information on the Oklahoma Higher

Learning Access Program (OHLAP) including, but not limited to,

eligibility, application guidelines, academic requirements, and any

other information required by the Oklahoma Higher Learning Access

Act for participation in the Program.
Okla. Stat. tit. 10A, § 10A-2-2-301 — OK Code / Title 10A / Section 10A-2-2-301
Conduct of interrogations - Appointment of counsel -
Status: in_force

Guardians ad litem.

A. No information gained by a custodial interrogation of a

youthful offender under sixteen (16) years of age or a child nor any

evidence subsequently obtained as a result of such interrogation

shall be admissible into evidence against the youthful offender or

child unless the custodial interrogation about any alleged offense

by any law enforcement officer or investigative agency, or employee

of the court, or employee of the Office of Juvenile Affairs is done

in the presence of the parents, guardian, attorney, adult relative,

adult caretaker, or legal custodian of the youthful offender or

child. No such custodial interrogation shall commence until the

youthful offender or child and the parents, guardian, attorney,

adult relative, adult caretaker, or legal custodian of the youthful

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 289

offender or child have been fully advised of the constitutional and

legal rights of the youthful offender or child, including the right

to be represented by counsel at every stage of the proceedings, and

the right to have counsel appointed by the court if the parties are

without sufficient financial means; provided, however, that no legal

aid or other public or charitable legal service shall make claim for

compensation as contemplated herein. It is further provided that

where private counsel is appointed in such cases, the court shall

set reasonable compensation and order the payment out of the court

fund. As used in this section, "custodial interrogation" means

questioning of a youthful offender under sixteen (16) years of age

or child while that youthful offender or child is in law enforcement

custody or while that youthful offender or child is being deprived

of freedom of action in any significant way by a law enforcement

officer, employee of the court, or employee of the Office.

Custodial interrogation shall conform with all requirements for

interrogation of adult criminal offenders. The term "custodial

interrogation" shall not be deemed to mean questioning of a youthful

offender or child by a public school administrator or teacher, so

long as such questioning is not being conducted on behalf of a law

enforcement officer, an employee of the court or an employee of the

Office. Any information gained from noncustodial questioning of a

child or youthful offender by a public school administrator or

teacher concerning a wrongful act committed on public school

property shall be admissible into evidence against the youthful

offender or child.

B. A custodial interrogation of a youthful offender over

sixteen (16) years of age shall conform with all the requirements

for the interrogation of an adult.

C. If the youthful offender or child is not otherwise

represented by counsel, whenever a petition is filed pursuant to the

provisions of Section 2-2-104 or Section 2-5-201 et seq. of this

title, the court shall appoint an attorney, who shall not be a

district attorney, for the youthful offender or child regardless of

any attempted waiver by the parent or other legal custodian of the

youthful offender or child of the right of the youthful offender or

child to be represented by counsel. The youthful offender or child

shall be represented by counsel at every hearing or review through

completion or dismissal of the case. Counsel shall be appointed by

the court only upon determination by the court that the parent,

legal guardian or legal custodian is found to be indigent. If

indigency is established, the Oklahoma Indigent Defense System shall

represent the child in accordance with Section 1355.6 of Title 22 of

the Oklahoma Statutes or the applicable office of the county

indigent defender shall represent the child in accordance with

Section 138.5 of Title 19 of the Oklahoma Statutes. Provided, if

the parent or legal guardian of a child is not indigent but refuses

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 290

to employ counsel, the court shall appoint counsel to represent the

child at detention hearings until counsel is provided. Thereafter,

the court shall not appoint counsel for a child with a nonindigent

parent or legal custodian and shall order the parent or legal

custodian to obtain counsel. A parent or legal custodian of an

indigent child who has been ordered to obtain counsel for the child

and who willfully fails to follow the court order shall be found in

indirect contempt of court.

D. In all cases of juvenile delinquency, adult certification,

reverse certification, or youthful offender proceedings and appeals,

or any other proceedings and appeals pursuant to the Oklahoma

Juvenile Code, except mental health or in-need-of-supervision

proceedings and appeals, and any other juvenile proceedings that are

civil in nature, and other than in counties where the office of the

county indigent defender is appointed, the Oklahoma Indigent Defense

System shall be appointed to represent indigent juveniles as

provided for in the Indigent Defense Act. In all other cases

pursuant to this title, including juvenile proceedings that are

civil in nature, juvenile mental health or in-need-of-supervision

proceedings and appeals, with the exception of proceedings in

counties where the office of the county indigent defender is

appointed, the court shall, if counsel is appointed and assigned,

allow and direct to be paid from the local court fund a reasonable

and just compensation to the attorney or attorneys for such services

as they may render; provided, that any attorney appointed pursuant

to this subsection shall not be paid a sum in excess of One Hundred

Dollars ($100.00) for services rendered in preliminary proceedings,

Five Hundred Dollars ($500.00) for services rendered during trial,

and One Hundred Dollars ($100.00) for services rendered at each

subsequent post-disposition hearing.

E. Counsel for the child shall advise the child and advocate

the expressed wishes of the child, as much as reasonably possible,

under the same ethical obligations as if the client were an adult.

Upon motion by the state, the child, the attorney for the child, or

a parent or legal custodian of the child, the court shall appoint a

guardian ad litem.

F. The guardian ad litem shall not be a district attorney, an

employee of the office of the district attorney, an employee of the

court, an employee of a juvenile bureau, or an employee of any

public agency having duties or responsibilities towards the child.

The guardian ad litem shall be given access to the court file and

access to all records and reports relevant to the case and to any

records and reports of examination of the child's parent or other

custodian, made pursuant to this section or Section 1-2-101 of this

title. Provided, nothing in this subsection shall obligate counsel

for the child to breach attorney-client confidentiality with the

child.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 291
Okla. Stat. tit. 10, § 10-7501-1.3 — OK Code / Title 10 / Section 10-7501-1.3
Definitions
Status: in_force

As used in the Oklahoma Adoption Code:

1. “Abandonment” includes, but is not limited to, the

following:

a. the parent has left the minor alone or in the care of

another who is not the parent of the minor without

identifying the minor or furnishing a means of

identification for the minor, the whereabouts of the

parents are unknown, and the minor's identity cannot

be ascertained by the exercise of reasonable

diligence,

b. the parent has voluntarily left the minor alone or in

the care of another who is not the parent of the minor

and expressed a willful intent by words, actions, or

omissions not to return for the minor, or

c. the parent fails to maintain a substantial and

positive relationship with the minor for a period of

six (6) consecutive months out of the last fourteen

(14) months immediately preceding the filing of a

petition for termination of parental rights. For

purposes of this section, “establish and/or maintain a

substantial, positive relationship” includes but is

not limited to:

(1) frequent and regular contact with the minor

through frequent and regular visitation or

frequent, regular communication to or with the

minor, and

(2) exercising parental rights and responsibilities.

Incidental or token visits or communications

shall not be sufficient to establish or maintain

a substantial and positive relationship with the

minor.

The term "abandonment" shall not include when a parent has

relinquished a minor to or placed the minor in the custody of a

licensed child-placing agency or other court-appointed individual;

2. "Adoptee" means an individual who is adopted or is to be

adopted;

Oklahoma Statutes - Title 10. Children Page 299

3. "Adult" means an individual who has attained eighteen (18)

years of age;

4. "Minor" means any person who has not attained the age of

eighteen (18) years;

5. "Child-placing agency" means any child welfare agency

licensed pursuant to the Oklahoma Child Care Facilities Licensing

Act and authorized to place minors for adoption;

6. "Contested proceeding" means any proceeding pursuant to the

Oklahoma Adoption Code in which an interested party enters an

appearance to contest the petition;

7. "Department" means the Department of Human Services;

8. "Direct placement adoption" means any adoption in which the

minor is not placed for adoption by the Department of Human Services

or a child-placing agency. A stepparent or relative adoption shall

not be considered a direct placement adoption;

9. "Guardian" means an individual, other than a parent,

appointed by a court to be the guardian of the person of a minor;

10. "Parent" means an individual who is the biological or

adoptive parent of a child or who is legally recognized as a mother

or father of a child. The term "parent" does not include an

individual whose parental relationship to a child has been

terminated;

11. "Permanent relinquishment" means the voluntary surrender of

the rights of the parent or guardian with respect to a minor,

including legal and physical custody of the minor, to a child-

placing agency, Department of Human Services or any person with the

assent of the court, by a minor's parent or guardian, for purposes

of the minor's adoption;

12. "Putative father" means the father of a minor born out of

wedlock or a minor whose mother was married to another person at the

time of the birth of the minor or within the ten (10) months prior

to the birth of the minor and includes, but is not limited to, a man

who has acknowledged or claims paternity of a minor, a man named by

the mother of the minor to be the father of the minor, or any man

who is alleged to have engaged in sexual intercourse with a woman

during a possible time of conception;

13. “Relative adoption” means the placement of a child for

adoption with a parent, grandparent, stepparent, brother, sister,

first cousin, nephew, niece, uncle or aunt, who is related to the

child by either birth or marriage;

14. "State" means any state, territory, or possession of the

United States, the commonwealth of Puerto Rico, and the District of

Columbia; and

15. "Stepparent" means an individual who is the spouse or

surviving spouse of a parent of a minor, but who is not a legal

parent of the minor.

Oklahoma Statutes - Title 10. Children Page 300
Okla. Stat. tit. 10, § 10-1425 — OK Code / Title 10 / Section 10-1425
Authorization to operate facilities
Status: in_force

(a) (1) The Department of Human Services and a county (through

its board of county commissioners) may enter into an agreement for

the operation of a Community Complex Facility, where day care

services, beneficial or necessary for individuals with intellectual

disabilities and their families, may be provided.

(2) If a building for the facility is constructed, the county

shall be required to provide the site or the cost of the site; and

not less than sixteen percent (16%) of the cost of constructing the

building and of the cost of equipment for the facility. If space

for the facility is rented, the county shall be required to pay the

rental, and not less than sixteen percent (16%) of the cost of

equipment for the facility.

(3) The cost of operating the facility shall be paid by the

Department and the county in such proportions as may be specified in

the agreement.

(4) The facility shall be operated in accordance with

standards, rules and regulations adopted by the Department.

(b) A similar agreement with any other nonprofit public or

private agency or organization may be entered into by the

Department. Such agency or organization shall be subject to the

same requirements as those hereinabove specified for a county.
Okla. Stat. tit. 10A, § 10A-2-2-702 — OK Code / Title 10A / Section 10A-2-2-702
Referees
Status: in_force

A. Any judge who is assigned to hear juvenile cases in counties

having a population in excess of eighty thousand (80,000) and where

funding is available may appoint a suitable person or persons to act

as referee or referees on a full-time or part-time basis, to hold

office at the pleasure of the judge. Referees shall be licensed to

practice law in this state and shall be specially qualified for

their duties. Reasonable compensation shall be fixed by the

presiding judge of the administrative district.

B. All referees are subject to the administrative authority and

assignment power of the chief judge of the juvenile court of the

county. The duties and powers of referees shall be to hear and

report all matters assigned by the chief juvenile judge and to

recommend findings of fact, conclusions of law, temporary and

interim orders, and final orders of judgment.

C. 1. Upon the conclusion of the hearing, the referee shall

provide a copy in writing of the recommended findings, conclusions,

and orders to the parties, counsel and the referring judge

instanter.

2. Unless stayed by order of the referee or the reviewing

judge, all orders of a referee shall become immediately effective

and shall continue in full force and effect until vacated or

modified upon rehearing by order of the reviewing judge. Any order

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 326

entered by a referee becomes a final order of the reviewing court

upon expiration of three (3) judicial days following its entry,

unless a review was ordered or requested. The chief judge of the

juvenile court may establish requirements that any or all

recommended orders of the referee must be expressly approved by the

reviewing judge before becoming effective.

D. 1. Any party, as well as the Department of Human Services

when the child is in the legal custody of the Department, may file a

written objection to the referee’s recommendations within three (3)

judicial days after notice of the recommendations. The objection

shall clearly specify the reason and grounds for the objection. On

receipt of the objection, the reviewing court shall set a hearing

date for the review. The objecting party shall promptly provide a

copy of the objection and notice of the review to the Department and

all parties to the action. Failure to file a timely request for

district court review shall constitute a waiver of any and all

objections to the recommendations of the referee.

2. The review of the district court shall be limited to a

review of the record developed before the referee.

3. The court shall accept the findings of fact of the referee

unless they are clearly erroneous. After a review of the objection,

the court may confirm or reconfirm the recommendations, reject, or

modify them in whole or in part, receive further evidence, or remand

them with instructions.
Okla. Stat. tit. 10, § 10-1201 — OK Code / Title 10 / Section 10-1201
Renumbered as § 7305-1.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-7-608 — OK Code / Title 10A / Section 10A-2-7-608
Expansion of preadjudicatory secure detention beds -
Status: in_force

Responsibility for regional juvenile facility in southwestern part

of state.

A. Beginning July 1, 1995, the Office of Juvenile Affairs shall

oversee the expansion of the number of preadjudicatory secure

detention beds available in this state. It is the intent of the

Legislature to establish detention beds on a geographic basis

throughout the state in order to provide more accessibility to

services for all regions of the state. The beds established by this

subsection shall be established and operated in accordance with

Section 2-3-103 of this title.

B. Effective July 1, 1995, the responsibilities for

establishing and operating a regional juvenile facility in the

southwestern part of the state shall be transferred to the Office of

Juvenile Affairs. The facility shall include six transitional beds

and seventy medium secure beds for such programs as the Office of

Juvenile Affairs determines will most appropriately and effectively

provide required services; provided, no more than thirty-two beds

shall be used for any one type of program. It is the intent of the

Legislature that the Office of Juvenile Affairs locates an existing

facility that can be remodeled and used for this purpose.

C. Beginning July 1, 1998, detention beds constructed and

operated by a county solely through revenues from county sources

shall be exempt from the provisions of the State Plan for the

Establishment of Juvenile Detention Services adopted pursuant to

subsection D of Section 2-3-103 of this title.

D. The Board of Juvenile Affairs shall promulgate rules to

implement the provisions of this act.
Okla. Stat. tit. 10A, § 10A-1-9-104a — OK Code / Title 10A / Section 10A-1-9-104a
Contract with eligible providers
Status: in_force

The Oklahoma Commission on Children and Youth shall contract

with eligible providers as authorized by this act.
Okla. Stat. tit. 10A, § 10A-2-9-113 — OK Code / Title 10A / Section 10A-2-9-113
Severability and construction
Status: in_force

ARTICLE XII

SEVERABILITY AND CONSTRUCTION

A. The provisions of this compact shall be severable, and if

any phrase, clause, sentence or provision is deemed unenforceable,

the remaining provisions of the compact shall be enforceable.

B. The provisions of this compact shall be liberally construed

to effectuate its purposes.
Okla. Stat. tit. 10A, § 10A-1-7-109 — OK Code / Title 10A / Section 10A-1-7-109
Foster placements - License or authorization -
Status: in_force

Exception.

A. Except as otherwise provided by this section, no child in

the custody of the Department of Human Services shall be placed with

any foster placement unless the foster placement:

1. Has a current license or authorization issued pursuant to

the Oklahoma Child Care Facilities Licensing Act; or

2. Meets licensing standards as required by the Oklahoma Child

Care Facilities Licensing Act and is otherwise approved for foster

care by the state agency for children within its custody.

B. Except as otherwise provided by this section, no person,

corporation, or other legal entity shall receive a child for foster

care or provide foster care services to a child unless such legal

entity has a license or meets licensing standards as required by the

Oklahoma Child Care Facilities Licensing Act, and is otherwise

approved by the state agency for children within its custody.

C. The provisions of this section shall not be construed to

prohibit foster placement of children in foster homes licensed or

approved by Indian tribes, pursuant to the terms in Section 40.8 of

Title 10 of the Oklahoma Statutes.

D. This section shall not apply when a parent or legal

custodian executes a power of attorney to delegate parental or legal

authority as authorized by Section 1 of this act.
Okla. Stat. tit. 10A, § 10A-2-6-107 — OK Code / Title 10A / Section 10A-2-6-107
Fingerprinting of persons under 18
Status: in_force

The fingerprinting of persons under eighteen (18) years of age

shall be as prescribed by law for the fingerprinting of adults,

except as specified by the provisions of this section.

1. When a child is detained or arrested in the course of an

investigation of a criminal offense and:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 387

a. a comparison of the fingerprints of the child with

fingerprints found during the investigation of the

offense is negative, or

b. a court finds that the child did not commit the

alleged offense,

all law enforcement records of the arrest and, if applicable,

juvenile court and agency records shall be amended to reflect said

facts immediately after the comparison or court finding;

2. Fingerprints obtained pursuant to this section shall be

retained in a central state depository and in a local depository

maintained by a duly constituted law enforcement agency;

3. Fingerprints obtained and maintained pursuant to this

section may be used only by law enforcement officers for comparison

purposes in connection with the investigation of a crime or to

establish identity in instances of death, serious illness, runaways,

or emergency; and

4. If a child is reported to a law enforcement agency as a

missing child or a custodial parent, legal guardian or legal

custodian of a child requests the issuance of a fingerprint card

pursuant to the provisions of the Oklahoma Minor Identification Act,

the provisions of the Oklahoma Minor Identification Act shall apply.

With the voluntary and informed consent of the parent, legal

guardian or legal custodian of the child, fingerprints obtained and

maintained pursuant to the Oklahoma Minor Identification Act may be

used by law enforcement officers as provided by paragraph 3 of this

section.
Okla. Stat. tit. 10A, § 10A-1-4-808 — OK Code / Title 10A / Section 10A-1-4-808
Review hearing report - Child's access to counsel
Status: in_force

A. The Department of Human Services or the agency having

supervision of the case or, if the child has been removed from the

custody of the child's parents, the Department or the agency or

child-placing agency having custody of the child shall cause to be

prepared for each review hearing required herein a written report

concerning each child who is the subject of review.

B. The report shall include, but not be limited to:

1. A summary of the physical, mental, and emotional condition

of the child, the conditions existing in the out-of-home placement

where the child has been placed, and the adjustment of the child

thereto;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 147

2. A report on the progress of the child in school and, if the

child has been placed outside the child's home, the visitation

exercised by the parents of the child or other persons authorized by

the court;

3. Services being provided to a child sixteen (16) years of age

or older to assist in the transition from out-of-home care or other

community placement to independent living;

4. When the Department is responsible for supervision of the

child or is the legal custodian of the child, a description of:

a. progress on the part of the parent or parents to

correct the conditions which caused the child to be

adjudicated deprived,

b. changes that still need to occur and the specific

actions the parents would take to make the changes,

and

c. services and assistance that have been offered or

provided to the parents since the previous hearing and

the services which are needed in the future;

5. A description of the placements of the child by number and

type with dates of entry and exit, reasons for the placement or

change in placement, and a statement about the success or lack of

success of each placement;

6. The efforts of the Department to locate the parents and

involve them in the planning for the child if the parents are not

currently communicating with the Department;

7. Compliance by the Department, as applicable, and the parent

with the court's orders concerning the individualized service plans,

previous court orders, and the Department recommendations;

8. Whether the current placement is appropriate for the child,

its distance from the home of the child, and whether it is the least

restrictive, most family-like placement available;

9. A proposed timetable for the return of the child to the home

or other permanent placement; and

10. Specific recommendations, giving reasons whether:

a. trial reunification should be approved by the court,

b. trial reunification should be continued to a date

certain as specified by the court,

c. the child should remain in or be placed outside of the

home of the parent or legal guardian of the child, or

d. the child should remain in the current placement when

the permanency plan is other than reunification with

the parent or legal guardian of the child.

C. The attorney representing a child, the foster parents of the

child and the guardian ad litem of a child, if any, whose case is

being reviewed may submit a report to the court for presentation at

the review hearing to assist the court in reviewing the placement or

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 148

status of the child. The legal custodian shall not deny to a child

the right of access to counsel and shall facilitate such access.
Okla. Stat. tit. 10A, § 10A-1-4-904 — OK Code / Title 10A / Section 10A-1-4-904
Termination of parental rights in certain situations
Status: in_force

A. A court shall not terminate the rights of a parent to a

child unless:

1. The child has been adjudicated to be deprived either prior

to or concurrently with a proceeding to terminate parental rights;

and

2. Termination of parental rights is in the best interests of

the child.

B. The court may terminate the rights of a parent to a child

based upon the following legal grounds:

1. Upon the duly acknowledged written consent of a parent, who

voluntarily agrees to termination of parental rights.

a. The voluntary consent for termination of parental

rights shall be signed under oath and recorded before

a judge of a court of competent jurisdiction and

accompanied by the judge’s certificate that the terms

and consequences of the consent were fully explained

in detail in English and were fully understood by the

parent or that the consent was translated into a

language that the parent understood.

b. A voluntary consent for termination of parental rights

is effective when it is signed and may not be revoked

except upon clear and convincing evidence that the

consent was executed by reason of fraud or duress.

c. However, notwithstanding the provisions in this

paragraph, in any proceeding for a voluntary

termination of parental rights to an Indian child, the

consent of the parent may be withdrawn for any reason

at any time prior to the entry of a final decree of

termination. Any consent given prior to, or within

ten (10) days after, the birth of an Indian child

shall not be valid;

2. A finding that a parent who is entitled to custody of the

child has abandoned the child;

3. A finding that the child is an abandoned infant;

4. A finding that the parent of a child:

a. has voluntarily placed physical custody of the child

with the Department of Human Services or with a child-

placing agency for out-of-home placement,

b. has not complied with the placement agreement, and

c. has not demonstrated during such period a firm

intention to resume physical custody of the child or

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 161

to make permanent legal arrangements for the care of

the child;

5. A finding that:

a. the parent has failed to correct the condition which

led to the deprived adjudication of the child, and

b. the parent has been given at least three (3) months to

correct the condition;

6. A finding that:

a. the rights of the parent to another child have been

terminated, and

b. the conditions that led to the prior termination of

parental rights have not been corrected;

7. A finding that a parent who does not have custody of the

child has, for at least six (6) out of the twelve (12) months

immediately preceding the filing of the petition or motion for

termination of parental rights, willfully failed or refused or has

neglected to contribute to the support of the child:

a. as specified by an order entered by a court of

competent jurisdiction adjudicating the duty, amount

and manner of support, or

b. where an order of child support does not exist,

according to the financial ability of the parent to

contribute to the child’s support.

Incidental or token support shall not be construed or considered in

establishing whether a parent has maintained or contributed to the

support of the child;

8. A finding that the parent has been convicted in a court of

competent jurisdiction in any state of any of the following acts:

a. permitting a child to participate in child sexual

abuse material,

b. rape, or rape by instrumentation,

c. lewd molestation of a child under sixteen (16) years

of age,

d. child abuse or neglect,

e. enabling child abuse or neglect,

f. causing the death of a child as a result of the

physical or sexual abuse or chronic abuse or chronic

neglect of the child,

g. causing the death of a sibling of the child as a

result of the physical or sexual abuse or chronic

abuse or chronic neglect of the child’s sibling,

h. murder of any child or aiding or abetting, attempting,

conspiring, or soliciting to commit murder of any

child,

i. voluntary manslaughter of any child,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 162

j. a felony assault that has resulted in serious bodily

injury to the child or another child of the parents,

or

k. murder or voluntary manslaughter of the child’s parent

or aiding or abetting, attempting, conspiring, or

soliciting to commit murder of the child’s parent;

9. A finding that the parent has abused or neglected any child

or failed to protect any child from abuse or neglect that is heinous

or shocking;

10. A finding that the parent has previously abused or

neglected the child or a sibling of the child or failed to protect

the child or a sibling of the child from abuse or neglect and the

child or a sibling of the child has been subjected to subsequent

abuse;

11. A finding that the child was conceived as a result of rape

perpetrated by the parent whose rights are sought to be terminated;

12. A finding that the parent whose rights are sought to be

terminated is incarcerated, and the continuation of parental rights

would result in harm to the child based on consideration of the

following factors, among others:

a. the duration of incarceration and its detrimental

effect on the parent/child relationship,

b. any previous convictions resulting in involuntary

confinement in a secure facility,

c. the parent’s history of criminal behavior, including

crimes against children,

d. the age of the child,

e. any evidence of abuse or neglect or failure to protect

from abuse or neglect of the child or siblings of the

child by the parent,

f. the current relationship between the parent and the

child, and

g. the manner in which the parent has exercised parental

rights and duties in the past.

Provided, that the incarceration of a parent shall not in and of

itself be sufficient to deprive a parent of parental rights;

13. A finding that all of the following exist:

a. the parent has a diagnosed cognitive disorder, an

extreme physical incapacity, or a medical condition,

including behavioral health, which renders the parent

incapable of adequately and appropriately exercising

parental rights, duties, and responsibilities within a

reasonable time considering the age of the child, and

b. allowing the parent to have custody would cause the

child actual harm or harm in the near future.

A parent’s refusal or pattern of noncompliance with treatment,

therapy, medication, or assistance from outside the home can be used

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 163

as evidence that the parent is incapable of adequately and

appropriately exercising parental rights, duties, and

responsibilities.

A finding that a parent has a diagnosed cognitive disorder, an

extreme physical incapacity, or a medical condition, including

behavioral health or substance dependency, shall not in and of

itself deprive the parent of parental rights;

14. A finding that:

a. the condition that led to the deprived adjudication

has been the subject of a previous deprived

adjudication of this child or a sibling of this child,

and

b. the parent has been given an opportunity to correct

the conditions which led to the determination of the

initial deprived child;

15. A finding that there exists a substantial erosion of the

relationship between the parent and child caused at least in part by

the parent’s serious or aggravated neglect of the child, physical or

sexual abuse or exploitation of the child, a prolonged and

unreasonable absence of the parent from the child or an unreasonable

failure by the parent to visit or communicate in a meaningful way

with the child;

16. A finding that a child has been in foster care for not less

than fifteen (15) months of the most recent twenty-two (22) months

and that the parent has not corrected the circumstances which led

the child to be adjudicated to be a deprived child, unless:

a. a parent has made substantial progress toward

eliminating the problem that caused the child’s

placement in foster care, it is likely that the child

will be able to safely return to the parent’s home

within ninety (90) days, and the child’s return to the

parent’s home will be in the child’s best interests,

b. the child has a close and positive relationship with a

parent and a permanent plan that does not include

termination of parental rights will provide the most

secure and appropriate placement for the child,

c. the child is twelve (12) years of age or older, is

firmly opposed to termination of parental rights, and

is likely to disrupt an attempt to place the child

with an adoptive family,

d. a parent is terminally ill but in remission, does not

want parental rights to be terminated, and has

designated a guardian for the child,

e. the child is not capable of functioning if placed in a

family setting. In such a case, the court shall

reevaluate the status of the child every ninety (90)

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 164

days unless there is a court determination that the

child cannot be placed in a family setting,

f. the child is an unaccompanied, refugee minor and the

case involves international legal issues or compelling

foreign policy issues,

g. adoption is not an appropriate plan for the child,

h. the parent’s incarceration constitutes the primary

factor in the child’s placement in substitute care and

termination of parental rights is not in the child’s

best interest, or

i. the parent’s participation in a court-ordered

residential substance abuse treatment program

constitutes the primary factor in the child’s

placement in substitute care and termination of

parental rights is not in the child’s best interest.

For purposes of this paragraph, a child shall be considered to

have entered foster care on the earlier of the adjudication date, or

the date that is sixty (60) days after the date on which the child

is removed from the home.

The court may also consider circumstances of the failure of the

parent to develop and maintain a parental bond with the child in a

meaningful, supportive manner, and whether allowing the parent to

have custody would likely cause the child actual serious

psychological harm or harm in the near future as a result of the

removal of the child from the substitute caregiver due to the

existence of a strong and positive bond between the child and

caregiver; and

17. A finding that a child younger than four (4) years of age

at the time of placement has been placed in foster care by the

Department of Human Services for at least six (6) of the twelve (12)

months preceding the filing of the petition or motion for

termination of parental rights and the child cannot be safely

returned to the home of the parent.

a. For purposes of this paragraph, a child shall be

considered to have entered foster care on the earlier

of:

(1) the adjudication date, or

(2) the date that is sixty (60) days after the date

on which the child is removed from the home.

b. For purposes of this paragraph, the court may

consider:

(1) circumstances of the failure of the parent to

develop and maintain a parental bond with the

child in a meaningful, supportive manner, and

(2) whether allowing the parent to have custody would

likely cause the child actual serious

psychological harm or harm in the near future as

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 165

a result of the removal of the child from the

substitute caregiver due to the existence of a

strong, positive bond between the child and

caregiver.

C. An order directing the termination of parental rights is a

final appealable order.

D. The provisions of this section shall not apply to adoption

proceedings and actions to terminate parental rights which do not

involve a petition for deprived status of the child. Such

proceedings and actions shall be governed by the Oklahoma Adoption

Code.
Okla. Stat. tit. 10A, § 10A-2-5-204 — OK Code / Title 10A / Section 10A-2-5-204
Treatment of a child certified as an adult or
Status: in_force

youthful offender in criminal proceedings.

A. A child who is arrested for an offense pursuant to

subsection A, B, C, D, or E of Section 2-5-205 of this title, may,

depending on the child's age and alleged crime, be charged as a

juvenile delinquent, youthful offender, or an adult. If charged as

a juvenile delinquent, a petition shall be filed. If charged as a

youthful offender or adult, an information shall be filed. At any

time after the child is charged as a youthful offender or adult, the

district attorney may dismiss the information and file a juvenile

delinquent petition.

B. If the child is not otherwise represented by counsel and

either the child, his or her parent, guardian, or next friend

requests an attorney prior to or during interrogation, or upon being

charged by information, as provided in subsection A of this section,

the court shall appoint an attorney, who shall not be a district

attorney, for the child regardless of any attempted waiver by the

parent, guardian, or next friend of the right to be represented by

counsel. If the court appoints an attorney for a child for the

interrogation or at the initial appearance, the court shall review

the appointment at a subsequent hearing to determine if the child,

parent, guardian, or next friend qualifies for a court-appointed

attorney.

C. When a person proceeds to trial as either a youthful

offender or as an adult as provided by the Youthful Offender Act,

the accused person shall have all the statutory and constitutional

rights and protections of an adult accused of a crime. All

proceedings shall be as for a criminal action and the provisions of

Title 22 of the Oklahoma Statutes shall apply, except as provided

for in the Youthful Offender Act.

D. All youthful offender court records for a person who is

certified to stand trial as an adult or youthful offender shall be

considered adult records and shall not be subject to the provisions

of Chapter 6 of the Oklahoma Juvenile Code; provided, however, all

reports, evaluations, motions, records, exhibits or documents

regarding the educational history, mental health or medical

treatment or condition of the person that are submitted to the court

or admitted into evidence during the hearing on the motion for

certification as a juvenile or a youthful offender or on the motion

for imposition of an adult sentence shall be confidential and shall

be filed or admitted under seal, except that such records shall be

provided to the Office of Juvenile Affairs. Any testimony regarding

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 356

the reports, evaluations, motions, records, exhibits or documents

shall be given in camera and shall not be open to the general

public; provided, all persons having a direct interest in the case

as provided in paragraph 1 of subsection A of Section 2-2-402 of

this title shall be allowed to be present during the testimony but

shall be admonished not to discuss the testimony following the

hearing. All reports, evaluations, motions, records, exhibits or

documents shall be released from under seal by order of the court if

the youthful offender is sentenced to the custody or supervision of

the Department of Corrections by the court pursuant to paragraph 1

of subsection B of Section 2-5-209 or subsection B of Section 2-5-

210 of this title or if the juvenile or youthful offender is later

charged as an adult with a felony crime.

E. Proceedings against a youthful offender shall be heard by

any judge of the district court.

F. Upon arrest and detention of a person subject to the

provisions of the Youthful Offender Act, the person has the same

right to be released on bail as would an adult in the same

circumstances.

G. Upon a verdict of guilty or entry of a plea of guilty or

nolo contendere by a youthful offender who has been certified for

the imposition of an adult sentence as provided by Section 2-5-207

of this title, the person may be detained in an adult jail, adult

lockup, adult detention facility or other adult facility if that

facility is licensed by the State Department of Health to detain

children under eighteen (18) years of age while the person is

awaiting housing by the Department of Corrections.

H. A child or youthful offender shall be tried as an adult in

all subsequent criminal prosecutions, and shall not be subject to

the jurisdiction of the juvenile court as a juvenile delinquent or

youthful offender processes in any further proceedings if:

1. The child or youthful offender has been certified to stand

trial as an adult pursuant to any certification procedure provided

by law and is subsequently convicted of the alleged offense or

against whom the imposition of judgment and sentence has been

deferred; or

2. The youthful offender has been certified for the imposition

of an adult sentence as provided by Section 2-5-207 of this title

and is subsequently convicted of the alleged offense or against whom

the imposition of judgment and sentencing has been deferred.

I. Except as otherwise provided in the Youthful Offender Act, a

person who has been certified as a youthful offender shall be

prosecuted as a youthful offender in all subsequent criminal

proceedings until the youthful offender has attained eighteen (18)

years of age.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 357

All proceedings for the commission of a crime committed after a

youthful offender has reached eighteen (18) years of age shall be

adult proceedings.
Okla. Stat. tit. 10A, § 10A-1-4-505 — OK Code / Title 10A / Section 10A-1-4-505
Admissibility of prerecorded statements of child who
Status: in_force

is victim of abuse.

A. This section shall apply only to a proceeding brought within

the purview of the Oklahoma Children's Code in which a child is

alleged to be deprived, and shall apply only to the statement of

that child or another child witness.

B. The recording of an oral statement of the child made before

the proceedings begin is admissible into evidence if:

1. The court determines in a hearing conducted outside the

presence of the jury that the time, content and totality of

circumstances surrounding the taking of the statement provide

sufficient indicia of reliability so as to render it inherently

trustworthy. In determining trustworthiness, the court may

consider, among other things, the following factors: the spontaneity

and consistent repetition of the statement, the mental state of the

declarant, whether the terminology used is unexpected of a child of

similar age or of an incapacitated person, and whether a lack of

motive to fabricate exists; and the child either:

a. testifies or is available to testify at the

proceedings in open court or through an alternative

method pursuant to the provisions of the Uniform Child

Witness Testimony by Alternative Methods Act or

Section 2611.2 of Title 12 of the Oklahoma Statutes,

or

b. is unavailable as a witness as defined in Section 2804

of Title 12 of the Oklahoma Statutes. When the child

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 100

is unavailable, such statement may be admitted only if

there is corroborative evidence of the act;

2. No attorney for any party is present when the statement is

made. However, if appropriate facilities are utilized that allow

observation of the child without the child's knowledge or awareness

in any way, any such attorney may be present as an observer, but not

as a participant, and no such attorney shall have any right to

intervene, object, or otherwise make his or her presence known to

the child before, after, or during the making of the statement of

the child;

3. The recording is both visual and aural and is recorded on

film or videotape or by other electronic means;

4. The recording equipment is capable of making an accurate

recording, the operator of the equipment is competent, and the

recording is accurate and has not been altered;

5. The statement is not made in response to questioning

calculated to lead the child to make a particular statement or is

otherwise clearly shown to be the child's statement and not made

solely as a result of a leading or suggestive question;

6. Every voice on the recording is identified;

7. The person conducting the interview of the child in the

recording is present at the proceeding and is available to testify

or be cross-examined by any party;

8. Each party to the proceeding is afforded an opportunity to

view the recording before the recording is offered into evidence;

and

9. A copy of a written transcript of the recording transcribed

by a licensed or certified court reporter is available to the

parties.

A statement may not be admitted under this subsection unless the

proponent of the statement makes known to the parties an intention

to offer the statement and the particulars of the statement at least

ten (10) days in advance of the proceedings to provide the parties

with an opportunity to prepare to answer the statement.
Okla. Stat. tit. 10A, § 10A-1-4-805 — OK Code / Title 10A / Section 10A-1-4-805
Change in foster or group home placement
Status: in_force

A. If a child placed in the custody of a child-placing agency

or in the custody of the Department of Human Services by the court

has resided with a foster parent or group home for three (3) or more

months:

1. Except in an emergency, the Department or child-placing

agency shall:

a. give a minimum of five (5) judicial days' advance

notice to the foster parent or group home and to the

court before removing a child from such foster

placement, and

b. at the time of such notification, provide the foster

parent or group home with a written statement of the

reasons for removing a child;

2. An oral or written opinion may be provided to the court by a

party, foster parent or representative of a group home where a child

is placed in support of or in opposition to any change in the

child's placement that is planned or under consideration by the

Department or child-placing agency;

3. The court shall resolve any concerns raised by a party,

foster parent or group home representative regarding a planned

change in the child's placement during any hearing in which the

concerns are brought to the attention of the court or the court may

schedule an informal placement review hearing that shall be heard

within fifteen (15) judicial days from the date the concerns are

brought to the attention of the court. The court may, in its

discretion, stay a proposed change in placement until the informal

placement review hearing is held; and

4. The foster parent or group home representative shall, at any

hearing, be entitled to submit to the court written reports or

present testimony concerning the strengths, needs, behavior,

important experiences, and relationships of the child, in addition

to such other information the court may request.

B. When a child is placed in the custody of the Department or

any child-placing agency, the Department or child-placing agency

shall have discretion to determine an appropriate foster placement

for the child. Except as provided in this section, the Department

or child-placing agency may remove a child in its custody from a

foster placement whenever the Department or child-placing agency

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 140

determines that removal is in the best interests of the deprived

child.

C. 1. In order to promote stability for foster children and

limit repeated movement of such children from one foster placement

to another, the Department or child-placing agency, except as

otherwise provided by this subsection, shall not change the foster

home or group home placement of a child without the approval of the

court in the following circumstances:

a. the court or other party receiving notice from the

Department of the movement of the child has filed a

written request for an informal hearing, as provided

in Section 1-4-804 of this title,

b. the court has stayed a planned change in a child's

placement pending a judicial review due to a verbal or

written objection made by a party or by a foster

parent or group home representative during a court

proceeding, or

c. a foster parent or representative of a group home with

whom the child has resided for more than six (6)

months objects, in writing pursuant to the provisions

of this subsection, after notice of the removal of the

child by the Department or the child-placing agency.

2. The objection shall be filed with the court by the foster

parent or group home and served on the Department or child-placing

agency within five (5) judicial days after receipt of the notice

from the Department or child-placing agency regarding removal of the

child. The court shall provide for notice to other parties in the

case.

3. Timely filing and service of the objection shall stay

removal of the child pending review of the court unless the

Department's or child-placing agency's stated reason for removal is

due to an emergency. As used in this paragraph, "emergency" means a

removal that is:

a. pursuant to an order of the court entered during or

following a hearing including, but not limited to, an

order authorizing placement of a child with a parent

or sibling,

b. at the request of the foster parent or group home,

c. for emergency medical or behavioral health treatment,

d. due to substantial noncompliance by the foster parent

or group home with applicable contract requirements

and agreements such that the health, safety, or

welfare of the child is in imminent danger, or

e. due to a pending investigation of allegations of abuse

or neglect of a child by a foster parent or other

person residing in the foster family home or group

home.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 141

4. The court shall conduct an informal placement review hearing

within fifteen (15) judicial days on any objection filed by a party,

foster parent or group home pursuant to this section. The court may

order that the child remain in or be returned to the home of the

objecting foster parent or group home if the court finds that the

placement decision of the Department or child-placing agency was

arbitrary, inconsistent with the child's permanency plan or not in

the best interests of the child.
Okla. Stat. tit. 10, § 10-1115 — OK Code / Title 10 / Section 10-1115
Renumbered as § 7003-5.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-601.14 — OK Code / Title 10 / Section 10-601.14
Children's Endowment Fund of Oklahoma
Status: in_force

A. There is hereby created in the State Treasury a fund for the

Oklahoma Commission on Children and Youth to be designated the

“Children’s Endowment Fund of Oklahoma”. The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of all monies received through donations or interest earned

by investment of monies in the fund. The fund shall be invested by

the State Treasurer in accordance with Section 89.2 of Title 62 of

the Oklahoma Statutes.

B. Funds deposited into the Children’s Endowment Fund of

Oklahoma and any earnings therefrom, including any interest,

dividends or realized capital gains from investment of monies in the

fund, shall be administered by the Oklahoma Commission on Children

and Youth, which is authorized to award grants to further the public

purpose of stimulating a broad range of innovative programs,

activities or research or evaluation that will improve the well-

being and reduce the adverse childhood experiences of Oklahoma’s

children. The funds shall not be used to expand existing services

or to support ongoing core services. The Commission may also direct

the State Treasurer to reinvest any earnings into the corpus of the

fund.

C. The Oklahoma Commission on Children and Youth shall

promulgate rules to:

1. Establish a Parent Partnership Board for the purpose of

informing the work of Oklahoma’s child-serving systems, assisting

members of the Commission and their respective entities with areas

of concern, supporting the Commission in the process of developing

and awarding grants supported by the Children’s Endowment Fund of

Oklahoma, and other activities upon request; and

2. Establish criteria and procedures for awarding grants.

D. The Oklahoma Commission on Children and Youth may use up to

ten percent (10%) of the funds deposited in the Children’s Endowment

Fund of Oklahoma in any given fiscal year to provide administration,

Oklahoma Statutes - Title 10. Children Page 153

oversight, training or evaluation of the grantees or the Parent

Partnership Board.

E. Monies from the fund may be expended by the Oklahoma

Commission on Children and Youth in accordance with the provisions

of this section upon warrants issued by the State Treasurer against

claims filed as prescribed by law with the Director of the Office of

Management and Enterprise Services for approval and payment.

F. Notwithstanding any other provision of law, funds deposited

in the Children’s Endowment Fund of Oklahoma shall only be expended

as provided in this section.
Okla. Stat. tit. 10, § 10-7700-310 — OK Code / Title 10 / Section 10-7700-310
Ratification of unchallenged acknowledgment
Status: in_force

prohibited.

A court or administrative agency conducting a judicial or

administrative proceeding is not required or permitted to ratify an

unchallenged acknowledgment of paternity.
Okla. Stat. tit. 10A, § 10A-2-9-110 — OK Code / Title 10A / Section 10A-2-9-110
State Council
Status: in_force

ARTICLE IX

THE STATE COUNCIL

Each member state shall create a State Council for Interstate

Juvenile Supervision. While each state may determine the membership

of its own state council, its membership must include at least one

representative from the legislative, judicial, and executive

branches of government, victims groups, and the compact

administrator, deputy compact administrator or designee. Each

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 481

compacting state retains the right to determine the qualifications

of the compact administrator or deputy compact administrator. Each

state council will advise and may exercise oversight and advocacy

concerning that state’s participation in Interstate Commission

activities and other duties as may be determined by that state

including, but not limited to, development of policy concerning

operations and procedures of the compact within that state.
Okla. Stat. tit. 10, § 10-7503-2.4 — OK Code / Title 10 / Section 10-7503-2.4
Contents of consent to adoption
Status: in_force

A. A consent to an adoption of a minor shall be in writing,

recorded by a court reporter, and executed before a judge of the

district court in this state and contain:

1. The date, place, and time of the execution of the consent;

2. The name and date of birth of the person executing the

consent;

3. The current mailing address, telephone number, and social

security number of the person executing the consent; and

4. Instructions that the consent is irrevocable, except upon

the specific grounds specified in Section 7503-2.7 of this title,

upon which the consent can be revoked and the manner in which a

motion to set aside the consent must be filed.

B. A consent must state:

Oklahoma Statutes - Title 10. Children Page 312

1. That the person executing the document is voluntarily and

unequivocally consenting to the adoption of the minor;

2. An understanding that after the consent is executed, it is

final and, except for fraud or duress, may not be revoked or set

aside for any reason except as otherwise authorized by the Oklahoma

Adoption Code;

3. That the person executing the consent is represented by

counsel or has waived any right to counsel;

4. That the execution of the consent does not terminate any

duty of the person executing the consent to support the mother or

the minor until the adoption is completed;

5. That the person executing the consent has not received or

been promised any money or anything of value for the consent, except

for payments authorized by law;

6. Whether the individual executing the consent is a member of

an Indian tribe and whether the minor is eligible for membership or

the child is a member of an Indian tribe;

7. That the person believes the adoption of the minor is in the

minor's best interest; and

8. That the person executing the consent has been advised that

an adult adopted person born in Oklahoma, whose decree of adoption

is finalized after November 1, 1997, may obtain a copy of such

person's original certificate of birth unless affidavits of

nondisclosure have been filed pursuant to Section 7503-2.5 of this

title and that the consenting parent may file an affidavit of

nondisclosure.

C. Before executing a consent, a minor twelve (12) years of age

or older must have been informed by the court of the meaning and

consequences of the adoption and the availability of social and

medical history information, pursuant to Section 7504-1.2 of this

title, when the minor turns eighteen (18) years of age.

D. When it appears to the court that the parent or guardian

executing a consent desires counsel but is indigent and cannot for

that reason employ counsel, the court shall appoint counsel. In all

counties having county indigent defenders, the county indigent

defenders shall assume the duties of representation in such

proceedings.

E. The transcript of the court proceedings pursuant to this

section shall be placed in the court record.

F. Except as otherwise provided by subsection K of this

section, verification of the court shall be in substantially the

following form:

I, _______________, Judge of the District Court in and for

__________ County, State of Oklahoma, a Court having original

adoption jurisdiction, do hereby certify, that upon this day,

__________ personally appeared in open Court, before me, and orally

Oklahoma Statutes - Title 10. Children Page 313

and in writing executed the above and foregoing Appearance and

Consent to Adoption.

In executing this acknowledgement, I further certify that the

said ___________ acknowledged that the person executed said consent

to adoption freely and voluntarily, and that it was explained to

such person by or before me, the undersigned Judge of the District

Court, that in executing the consent the person was surrendering all

parental authority whatsoever over the minor; and that with such

explanation made to the consenting person by or before me, the

undersigned Judge of the District Court, the person executed the

consent, freely, voluntarily and intelligently for all uses and

purposes therein set forth.

I further certify that it was explained to the consenting person

that this consent is irrevocable and final except for fraud or

duress and may not be revoked or set aside except and unless no

Petition to Adopt is filed within nine (9) months after placement of

the minor or if this or some other court decides not to terminate

the rights of the other parent of the minor. I further certify that

I am satisfied that the consenting person understands the

consequences of an adoption; the consenting person has represented

that such person has not received or been promised any money or

anything of value for the giving of consent except for those

payments authorized by law; the consenting person has represented

that such person is not under the influence of alcohol or medication

or other substance that affects the person's competence; the parent

fully understood the English language and communicated in the

English language at all times during said hearing, or all

information was translated into the consenting person's language,

and was fully understood by the person; and if the consenting person

was the biological parent, such parent was advised regarding the

affidavit of nondisclosure.

G. A consent may be signed before any judge of a court having

probate or adoption jurisdiction in this state or in the state of

residence of the person executing the consent.

H. 1. a. If an individual whose consent is necessary resides in

a country or place other than the United States of

America, other than a member of the United States

Armed Services stationed abroad, the consent of the

individual to the adoption may be obtained by a

written instrument signed by such person and

acknowledged before an officer of the legal

subdivision of the government of the place of such

person's residence who is authorized to administer

oaths under the laws of such country or place.

b. If the foreign country's government does not involve

itself in adoption matters, the consent may be

executed before an officer of the Judge Advocate

Oklahoma Statutes - Title 10. Children Page 314

General's Office of the United States Armed Services

or before an officer of the United States Embassy

located in that country, provided the execution of

such consent is not a violation of the laws of the

foreign country, or a violation of international law

or treaty between the foreign country's government and

the United States. The consent shall reflect that the

consent is not given or accepted in violation of the

laws of the foreign country or in violation of

international law or treaty between such foreign

country's government and the United States.

2. If an individual whose consent is necessary is a member of

the United States Armed Services stationed in a country or place

other than the United States, the individual's consent may be

acknowledged before an officer of the Judge Advocate General's

Office or other legal officer possessing the authority to administer

oaths.

I. If the written instrument containing a consent to adoption

is written in a language other than the English language, the

petitioner must have it translated into the English language by a

qualified translator, and must file the original instrument together

with the translation with the court. The translation must be sworn

to as being a true and correct translation by the person translating

the document.

J. Except as otherwise required by subsection H of this

section, when the person whose consent is or may be required resides

outside of Oklahoma, the consent to adoption by such person may be

executed in that state or country in the manner set forth in the

Oklahoma Adoption Code or in the manner prescribed by the laws of

the state or country of such person's residence.

K. 1. When the person whose consent is required is the

Director or designee of the Department of Human Services for minors

in the custody of the Department of Human Services, the contents of

the consent need only contain the full name of the person executing

the consent, that the person executing the consent is duly

authorized by the Director to consent to the adoption, the full name

of the child being adopted, and the names and addresses of adoptive

petitioners.

2. The verification of the court shall be in substantially the

following form:

I, _______________, Judge of the District Court in and for

__________ County, State of Oklahoma, a Court having original

adoption jurisdiction, do hereby certify, that upon this day,

__________ personally appeared in open Court, before me, and orally

and in writing executed the above and foregoing Appearance and

Consent to Adoption.

Oklahoma Statutes - Title 10. Children Page 315