Okla. Stat. tit. 10A, § 10A-2-7-305 — OK Code / Title 10A / Section 10A-2-7-305
Agreements to establish or maintain community-based
Status: in_force

youth service programs, shelters and community intervention centers.

A. The Office of Juvenile Affairs is authorized to enter into

contracts to establish or maintain community-based youth service

programs, shelters and community intervention centers out of local,

state and federal monies.

B. The Office of Juvenile Affairs shall take all necessary

steps to develop and implement a diversity of community services and

community-based residential care as needed to provide for adequate

and appropriate community-based care, treatment and rehabilitation

of children in the care, custody, and supervision of the Office of

Juvenile Affairs. Such community services and residential care

shall be consistent with the treatment needs of the child and the

protection of the public.

1. The Office of Juvenile Affairs shall, to the extent

reasonable and practicable, provide community-based services,

community residential care and community intervention centers to

children in the custody of the Office of Juvenile Affairs through

financial agreements, as authorized in Sections 2-7-303 and 2-7-304

of this title.

2. The Office of Juvenile Affairs shall establish procedures

for the letting of grants or contracts, and the conditions and

requirements for the receipt of such grants or contracts, for

community-based services, community residential care and community

intervention centers. A copy of such procedures shall be made

available to any member of the general public upon request.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 409

C. Any state agency letting grants or contracts for the

establishment of community residential care or treatment facilities

for children shall require, as a condition for receipt of such

grants or contracts, documented assurance from the agency or

organization establishing such facility that appropriate

arrangements have been made for providing the educational services

to which residents of the facility are entitled pursuant to state

and federal law.

D. 1. The Office of Juvenile Affairs shall certify community

intervention centers that are established by one or more

municipalities or one or more counties or juvenile bureaus pursuant

to rules promulgated by the Board of Juvenile Affairs. The

municipality, county or juvenile bureau may enter into contracts or

subcontracts with one or more service providers. The service

provider, whether a municipality, county or other entity, must have

access to the management information system provided for in Section

2-7-308 of this title and must employ qualified staff, as determined

by the Office of Juvenile Affairs.

2. The community intervention center shall serve as a short-

term reception facility to receive and hold juveniles who have been

taken into custody by law enforcement agencies for the alleged

violation of a municipal ordinance or state law or who are alleged

to be in need of supervision and for whom detention is inappropriate

or unavailable. The community intervention center may receive and

hold juveniles for whom detention is appropriate and available

pending transportation by law enforcement to a detention facility;

provided, custody by law enforcement shall not be relinquished to

the community intervention center until detention eligibility and

bed availability are determined by the designated detention screener

and an order for detention is issued. The community intervention

center may be a secure facility. Juveniles held in the community

intervention facility shall not be isolated from common areas other

than for short-term protective holding for combative or self-

destructive behavior, as defined by the Office of Juvenile Affairs.

3. Juveniles shall not be held in a community intervention

center for more than twenty-four (24) hours.

4. The community intervention center shall perform the

following functions:

a. enter demographic information into the management

information system provided for in Section 2-7-308 of

this title,

b. immediately notify the parents or parent, guardian, or

other person legally responsible for the juvenile's

care, or if such legally responsible person is

unavailable the adult with whom the juvenile resides,

that the juvenile has been taken into custody and to

pick up the juvenile,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 410

c. hold juveniles until they can be released to a parent,

guardian, or other responsible adult or until a

temporary placement can be secured, but in no event

for longer than twenty-four (24) hours, and

d. ensure that a written promise is executed by the

parent, guardian or other responsible adult to bring

the child to court at any time if a petition is to be

filed.

5. The community intervention center may perform the following

functions:

a. gather information to determine if the juvenile is in

need of immediate medical attention,

b. conduct an initial assessment pursuant to rules

promulgated by the Board. Such initial assessment may

be given without parental consent if the juvenile

agrees to participate in the assessment, and

c. conduct an assessment pursuant to a Problem Behavior

Inventory or a Mental Status Checklist or an

equivalent assessment instrument authorized by rules

promulgated by the Board, if written permission to do

so is obtained from the parent, guardian or other

person legally responsible for the care of the

juvenile. Such person and the juvenile may review the

assessment instrument prior to the assessment process,

must be informed that participation in the assessment

is voluntary and that refusal to participate shall not

result in any penalty, and must sign a written

acknowledgment that they were given an opportunity to

review the assessment instrument. The assessment

shall be used to develop recommendations to correct

the behavior of the juvenile, to divert the

progression of the juvenile into the juvenile justice

system, to determine if the juvenile is in need of

nonemergency medical treatment, and to determine if

the juvenile is the victim of violence. Information

derived from the assessment shall not be made

available to prosecutors or the court prior to

adjudication of the alleged offense, and shall not be

used in any phase of prosecution but may be used by

the court following adjudication for the dispositional

order and may be used for referrals to social

services.

6. A juvenile alleged to have committed an offense which would

be a felony if committed by an adult may be fingerprinted at a

community intervention center. No other juveniles shall be

fingerprinted at community intervention centers.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 411

7. Community intervention centers shall be certified pursuant

to standards established by the Office of Juvenile Affairs and rules

promulgated by the Board.
Okla. Stat. tit. 10, § 10-7211 — OK Code / Title 10 / Section 10-7211
Renumbered as § 1-9-115 of Title 10A by Laws 2009, c
Status: in_force

233, § 307, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7307-1.7 — OK Code / Title 10 / Section 10-7307-1.7
Renumbered as § 2-6-108 of Title 10A by Laws 2009, c
Status: in_force

234, § 190, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-60.53 — OK Code / Title 10 / Section 10-60.53
Renumbered as § 7511-1.3 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-1150 — OK Code / Title 10 / Section 10-1150
Short title
Status: in_force

Oklahoma Statutes - Title 10. Children Page 199

Sections 1 through 6 of this act shall be known and may be cited

as the "Child Death Review Board Act".
Okla. Stat. tit. 10, § 10-601.2 — OK Code / Title 10 / Section 10-601.2
Chairman - Meetings - Travel expenses - Application of
Status: in_force

Administrative Procedures Act - Legal counsel.

A. The members of the Oklahoma Commission on Children and

Youth, shall be appointed on or before July 1, 1982, and within

thirty (30) days after their appointment, shall organize and elect a

chairman. The chairman shall be elected annually by the Commission

members. The Commission shall hold at least four (4) regular

quarterly meetings each year and such other special meetings as may

be necessary at the call of the Chairman or by a majority of the

members of the Commission. Special meetings may be called on notice

given at least five (5) days in advance of the date of such

meetings. At any regular or special meeting of the Commission,

eight members shall constitute a quorum, and a concurring vote of a

majority of the members of the Commission present shall be necessary

to conduct official business of the Commission.

B. Members of the Commission shall be reimbursed for travel

expenses incurred in the performance of their duties as provided in

the State Travel Reimbursement Act.

C. The Oklahoma Commission on Children and Youth shall be

subject to the provisions of the Administrative Procedures Act.

D. The Attorney General of the State of Oklahoma shall serve as

legal counsel for the Oklahoma Commission on Children and Youth and

shall assist the Commission in the performance of its designated

duties.

Oklahoma Statutes - Title 10. Children Page 145
Okla. Stat. tit. 10, § 10-7303-5.10 — OK Code / Title 10 / Section 10-7303-5.10
Renumbered as § 2-2-509 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 181, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 10. Children Page 291
Okla. Stat. tit. 10, § 10-1123.1 — OK Code / Title 10 / Section 10-1123.1
Renumbered as § 7003-6.3 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-557.3 — OK Code / Title 10 / Section 10-557.3
Gestational agreement – Legal contract
Status: in_force

A. Any prospective gestational carrier who meets the

requirements for gestational carriers pursuant to the Oklahoma

Gestational Agreement Act and the gestational spouse, if applicable,

may enter into a gestational agreement with one or more intended

parents of a child to be conceived pursuant to such gestational

agreement.

B. A gestational agreement must meet the minimum requirements

under this act, including validation by the court. A gestational

agreement that conforms to these requirements and has been validated

in compliance with this act is a legal contract and is legally

enforceable.

C. A gestational agreement under this act shall be governed by

Oklahoma law, and this act shall control over any other law which

conflicts with the express terms of this act insofar as such other

law relates to the creation, validation or enforcement of

gestational agreements, the rights and obligations of the parties

thereto and any children born as a result thereof.

D. A gestational carrier arrangement carried out under a

validated gestational agreement in compliance with this act shall

not be considered trafficking in children.
Okla. Stat. tit. 10, § 10-60.15 — OK Code / Title 10 / Section 10-60.15
Renumbered as § 7505-6.1 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.

Oklahoma Statutes - Title 10. Children Page 46
Okla. Stat. tit. 10A, § 10A-1-7-110 — OK Code / Title 10A / Section 10A-1-7-110
Grounds for determination of placement
Status: in_force

In determining placement of a deprived child in foster care:

1. The Department of Human Services or the court, if the court

does not place the child with the Department, and any child-placing

agency shall be governed by the best interests of the child; and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 201

2. The child may express a preference as to placement and the

preference may be given with or without the parents, foster parents,

guardians, or any other parties being present. The Department, the

court, or the child-placing agency shall determine whether the best

interests of the child will be served by the child's preference.

The Department, the court, or the child-placing agency shall not be

bound by the child's preference and may consider other facts in

determining the placement.
Okla. Stat. tit. 10, § 10-557.6 — OK Code / Title 10 / Section 10-557.6
Agreement requirements - Validation
Status: in_force

A. A gestational agreement must meet the following requirements

in order for it to be validated:

Oklahoma Statutes - Title 10. Children Page 109

1. The gestational agreement must be in writing;

2. The gestational agreement must be acknowledged before a

notary public by each of the parties;

3. All parties to the gestational agreement must be represented

by legal counsel regarding the gestational agreement, and the

parties to the gestational agreement may share legal counsel

provided that the gestational carrier and gestational spouse, if

applicable, must have legal counsel that is separate and independent

from the legal counsel for the intended parents; and

4. The gestational agreement must contain a written statement,

signed by each party's legal counsel, identifying which parties to

the gestational agreement such counsel represents and stating that

such counsel has advised such parties of the potential legal

consequences of entering into the gestational agreement.

B. A gestational agreement must contain terms providing each of

the following in order for it to be validated:

1. That each party to the gestational agreement consents to

personal jurisdiction in the courts of Oklahoma for all matters

connected with the gestational agreement and all matters concerning

the parentage of any child born as part of the gestational carrier

arrangement;

2. That the gestational carrier agrees to pregnancy by means of

assisted reproduction;

3. That the gestational carrier and the gestational spouse, if

applicable, relinquish all parental rights and obligations with

respect to any child contemplated by the gestational agreement that

is conceived or implanted through assisted reproduction and shall

surrender all legal and physical custody of that child to the

intended parents immediately upon birth of that child;

4. That the intended parents shall be the sole parents of any

child born pursuant to the gestational carrier arrangement and that

such intended parents shall be entitled to and shall accept legal

and physical custody of the child and all parental rights and

obligations with respect to such child immediately upon the child's

birth, regardless of the mental or physical condition of such child

or the number of such children; provided, however, that such child

is not a genetic child of the gestational carrier or the gestational

spouse;

5. That the gestational carrier, the gestational spouse, if

applicable, and each intended parent agree to exchange throughout

the period covered by the gestational agreement all relevant

information regarding their respective health;

6. That any gametes used in the assisted reproduction procedure

shall be retrieved from an intended parent or a donor and not the

gestational carrier or the gestational spouse;

Oklahoma Statutes - Title 10. Children Page 110

7. The identity of one or more physicians or one or more

medical facilities that will or may perform the assisted

reproduction procedure contemplated by the gestational agreement;

8. A statement acknowledging that at least one or more

physicians or medical facilities that will or may perform the

assisted reproduction procedure as provided by the gestational

agreement has informed the necessary parties to the gestational

agreement of:

a. the rate of successful conceptions and births

attributable to the procedure, including the most

recent published outcome statistics of the procedure

at the facility at which it will be performed,

b. the potential for and risks associated with the

implantation of multiple embryos and consequent

multiple births resulting from the procedure,

c. the nature of and expenses related to the procedure,

d. the health risks associated with, as applicable,

fertility drugs used in the procedure, egg retrieval

procedures and egg or embryo transfer procedures, and

e. reasonably foreseeable psychological effects resulting

from the procedure; and

9. The identity of which party or parties are responsible for

the reasonable medical, legal and travel expenses associated with

the gestational carrier arrangement, including providing for who is

responsible for those expenses if the gestational agreement is

terminated.

C. The Oklahoma Gestational Agreement Act shall not apply to

any child conceived by means of sexual intercourse, and a

gestational agreement shall not apply to any child so conceived.

D. The inclusion in a gestational agreement of any one or more

of the following provisions shall not constitute cause for a court

to deny the validation of the gestational agreement, and such

provisions in a validated gestational agreement shall be

enforceable:

1. The gestational carrier's agreement to undergo all medical

examinations, treatments and fetal monitoring procedures recommended

for the success of the pregnancy by the physician providing care to

the gestational carrier during the pregnancy;

2. The gestational carrier's agreement to abstain from any

activities that the intended parents or the physician providing care

to the gestational carrier during the pregnancy reasonably believe

to be harmful to the pregnancy or the future health of any resulting

child, including, without limitation, smoking, drinking alcohol,

using nonprescribed drugs, using prescription drugs not authorized

by a physician aware of the pregnancy, exposure to radiation or any

other activity proscribed by a health care provider;

Oklahoma Statutes - Title 10. Children Page 111

3. The agreement of the intended parents to pay the gestational

carrier reasonable compensation;

4. The agreement of the intended parents to pay for or

reimburse the gestational carrier or any spouse of the gestational

carrier for reasonable expenses, including, without limitation,

medical, legal or other professional expenses or lost time from work

related to the gestational carrier arrangement or the gestational

agreement; and

5. Any other agreement of the parties not contrary to this act

or any other applicable law.
Okla. Stat. tit. 10A, § 10A-2-2-401.6 — OK Code / Title 10A / Section 10A-2-2-401.6
Competency hearing
Status: in_force

A. Not more than fifteen (15) judicial days after receiving the

evaluator's report, the court shall conduct a hearing to determine

the child's competency to participate in the proceeding. The court

may continue the hearing for good cause shown.

B. The competency evaluation report shall be admissible in

evidence. The evaluator may be called as a witness and be subject

to cross examination by all parties. If authorized by the court,

hearings held pursuant to this section may be conducted via

teleconference or videoconference. If the court contacts the

evaluator to obtain clarification of the report contents, the court

shall promptly inform all parties and allow each party to

participate in each contact.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 296

C. In determining the competency of the child to participate in

the proceeding the court shall consider the content of all

competency evaluation reports admitted as evidence. The court may

consider additional evidence introduced at the hearing by the

district attorney and the child's attorney.

D. 1. Except as otherwise provided, the court shall make a

written determination as to the child's competency based on a

preponderance of the evidence within ten (10) judicial days after

completion of the hearing. The burden of proof shall be on the

moving party.

2. The court shall not find a child incompetent to proceed

solely because the child is receiving or has received in-patient

treatment as a voluntary or involuntary mentally ill patient

pursuant to Section 5-501 et seq. of Title 43A of the Oklahoma

Statutes, or is receiving or has received psychotropic or other

medication, even if the child might become incompetent to proceed

without that medication.
Okla. Stat. tit. 10A, § 10A-1-4-301 — OK Code / Title 10A / Section 10A-1-4-301
Petitions
Status: in_force

A. 1. A petition in a proceeding alleging a child to be

deprived may be filed by the district attorney to determine if

further action is necessary. The proceeding shall be entitled "In

the matter of ____________, an alleged deprived child".

2. The petition shall be verified and may be upon information

and belief. The petition shall set forth:

a. with particularity, facts which bring the child within

the purview of this chapter,

b. the name, date of birth, and residence of the child,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 87

c. the names and residences of the child's parents,

d. the name and residence of the child's legal guardian,

if there is one,

e. the name and residence of the person or persons having

custody or control of the child,

f. the name and residence of the nearest known relative,

if no parent, legal guardian or custodian of the child

can be found, and

g. the relief requested including, but not limited to, or

where applicable:

(1) an adjudication that the child is deprived,

(2) a termination of parental rights,

(3) the entry of an order for child support, and

(4) a judicial determination of the child’s

paternity.

3. If any of the facts herein required are not known by the

petitioner, the petition shall so state, along with the reasons why

such facts are not known to petitioner.

B. A petition alleging a child to be a minor in need of

treatment shall be filed by a district attorney pursuant to the

Inpatient Mental Health and Substance Abuse Treatment of Minors Act

as provided for in Sections 5-501 through 5-513 of Title 43A of the

Oklahoma Statutes.

C. A copy of the petition alleging a child to be deprived shall

be attached to and delivered with the summons.

D. Any petition filed by the district attorney shall be signed

by the district attorney or authorized assistant.
Okla. Stat. tit. 10, § 10-1611 — OK Code / Title 10 / Section 10-1611
Renumbered as § 511 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-7302-3.2 — OK Code / Title 10 / Section 10-7302-3.2
Renumbered as § 2-7-302 of Title 10A by Laws 2009, c
Status: in_force

234, § 171, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-4-810 — OK Code / Title 10A / Section 10A-1-4-810
Permanency meeting and reports
Status: in_force

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 149

A. 1. When a child has been in out-of-home care for twelve

(12) months or longer, the court may require that the Department of

Human Services facilitate a meeting held no later than thirty (30)

days prior to the permanency hearing to discuss recommendations

regarding the child's permanency plan that will be reported to and

reviewed by the court.

2. The court may direct that the assigned guardian ad litem,

which may be a court-appointed special advocate, if any, a judicial

case manager, or the Department make arrangements for the meeting.

The foster parents of the child or a representative of a group home

where the child is placed, the parents of the child, or the parents'

attorney, a postadjudication review board member, the guardian ad

litem who has been appointed to the case, the child, and others as

appropriate, and the child's attorney shall be contacted to assist

in the preparation of the report; provided, however, persons

determined not to require reasonable efforts pursuant to the

provisions of Section 1-4-809 of this title shall not be required to

attend.

B. 1. Prior to a permanency hearing, the Department shall

prepare a report regarding the child for court review and shall

provide a copy of the report to the court and the parties not less

than three (3) judicial days prior to the permanency hearing.

2. The report shall include the proposed permanency plan by the

Department, the efforts by the Department to effectuate the

permanency plan for the child, address the options for the permanent

placement of the child, and examine the reasons for excluding higher

priority options.

3. Unless a permanency hearing has been conducted, the

Department, as applicable, shall contact the foster parents or group

home of the child, the parents of the child, or the parents'

attorney, a postadjudication review board member, the guardian ad

litem, or the court appointed special advocate who has been

appointed to the case, and the child's attorney to assist in the

preparation of the report.

C. The up-to-date and accurate report shall also contain, but

not be limited to, the following information, if relevant:

1. Efforts and progress demonstrated by the child's parent to

complete an individual treatment and service plan;

2. Status of the child, including the child's behavioral,

physical, and emotional health;

3. A recommendation regarding whether the child's current

permanency goal should be continued or modified, the reasons

therefor, and the anticipated date for meeting the goal; and

4. A recommendation regarding whether the placement of the

child should be extended and the reasons for the recommendation.

D. The child's attorney, the parents or parents' attorney, the

foster parent or group home representative, the postadjudicatory

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 150

review board member, the guardian ad litem, or the court appointed

special advocate of the child may submit additional informational

reports to the court for review.
Okla. Stat. tit. 10, § 10-1507.24 — OK Code / Title 10 / Section 10-1507.24
Renumbered as § 7306-2.10 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-1137 — OK Code / Title 10 / Section 10-1137
Renumbered as § 7302-5.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-1-9-106 — OK Code / Title 10A / Section 10A-1-9-106
Kinship Foster Care Program
Status: in_force

A. There is hereby established a Kinship Foster Care Program in

the Department of Human Services.

B. The Department shall establish, in accordance with the

provisions of this section, standards for becoming a kinship foster

care family.

C. 1. When a child has been removed from the child's home and

is in the care and custody of the Department, the Department shall

attempt to place the child with a person determined by the

Department to have a kinship relationship with the child if such

placement is in the best interests of the child.

2. In determining a kinship placement for a child who has been

removed from the custody of a custodial parent and placed with the

Department in emergency or protective custody, priority shall be

given by the Department to the placement of the child with the

noncustodial parent of the child unless such placement is not in the

best interests of the child. If it is determined by the Department

that placement with the noncustodial parent is not in the best

interests of the child, placement shall be consistent with the

provisions of Section 1-4-204 of this title. The health, safety, or

welfare of a child shall be of paramount concern in any placement.

D. 1. Upon the completion of the records search to ascertain

if there is an Oklahoma record of criminal history for the

prospective kinship foster parent or any other adult residing in the

prospective kinship foster parent's home, and subject to any other

standards established by law or by the Department, a child may be

placed in the kinship home. A kinship foster parent shall not be

entitled to any payments for providing foster care until such foster

parent receives final approval from the Department to be a kinship

foster parent.

2. Following placement, the Oklahoma State Bureau of

Investigation shall complete a national criminal history records

search based upon submission of fingerprints for any kinship foster

parent and any adult residing in the home of such parent, and shall

make the results of the records search available to the Department

pursuant to the provisions of the Oklahoma Child Care Facilities

Licensing Act, and applicable state and federal law. The Director

of Human Services or designee may authorize an exception to the

fingerprinting requirement for an adult residing in the kinship

foster care home who has a severe physical condition which precludes

the person from being fingerprinted.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 227

3. The Department shall maintain the confidentiality of the

records search results and shall use the results only for purposes

of determining a person's eligibility to become a kinship foster

parent.

4. It shall be unlawful, except for the purpose of determining

a person's eligibility for kinship foster care, for any person to

disclose information obtained under this subsection.

5. Any person violating the provisions of this subsection shall

be guilty of a misdemeanor.

E. A person related by blood, marriage, adoption, and by tie or

bond to a child, and/or to whom has been ascribed a family

relationship role with the child's parents or the child may be

eligible for approval as a kinship foster care parent.

F. The Department shall determine whether the person is able to

effectively care for the foster child by:

1. Reviewing personal and professional references;

2. Observing during a visit to the home of the kinship foster

care family; and

3. Interviewing the kinship foster care parent.

G. 1. When the kinship foster parent is finally approved by

the Department, in accordance with applicable state and federal law

and rules promulgated by the Commission for Human Services regarding

foster care services, the kinship foster care family shall be

eligible to receive payment for the full foster care rate for the

care of the child and any other benefits that might be available to

foster parents, whether monetary or in services.

2. If a child is placed with a kinship foster parent prior to

the home’s final approval as a foster care home, the Department

shall immediately refer the child and family for assistance through

the Temporary Assistance for Needy Families Program.

H. 1. The Department and the kinship foster care parent shall

develop a plan for the care of the child, which shall be

periodically reviewed and updated.

2. The kinship foster parent shall cooperate with any

activities specified in the case plan for the child including, but

not limited to, counseling, therapy, court sessions, visits with the

child's parents or other family members, and training.

I. The Commission for Human Services shall promulgate rules

necessary to carry out the provisions of this section.
Okla. Stat. tit. 10, § 10-7308-1.9 — OK Code / Title 10 / Section 10-7308-1.9
Renumbered as § 2-8-108 of Title 10A by Laws 2009, c
Status: in_force

234, § 191, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1430.15 — OK Code / Title 10 / Section 10-1430.15
Nontransferability of license - Transfer of operation
Status: in_force

of group home.

A. A license to operate a group home subject to the provisions

of the Group Homes for Persons with Developmental or Physical

Disabilities Act is not transferable. Operation of a group home can

only be transferred:

1. With the prior written approval of the director of the

Developmental Disabilities Services Division (DDSD) of the

Department of Human Services or designee; and

2. From the provider or licensee named in the application to

another provider who has a current license or is deemed licensed in

accordance with Section 1430.3 of this title.

Oklahoma Statutes - Title 10. Children Page 247

B. The transferor shall remain responsible for the operation of

the group home until the transfer is complete. The transferor shall

remain liable for all penalties assessed which are imposed for

violations occurring prior to transfer of operation. Any citations,

problems identified by the Developmental Disabilities Services

Division prior to the transfer, or outstanding deficiencies

remaining after the transfer are the responsibility of the

transferee to correct.
Okla. Stat. tit. 10, § 10-7302-6.4 — OK Code / Title 10 / Section 10-7302-6.4
Renumbered as § 2-7-604 of Title 10A by Laws 2009, c
Status: in_force

234, § 174, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7306-2.1 — OK Code / Title 10 / Section 10-7306-2.1
Renumbered as § 2-5-201 of Title 10A by Laws 2009, c
Status: in_force

234, § 188, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 10. Children Page 293
Okla. Stat. tit. 10, § 10-60.26 — OK Code / Title 10 / Section 10-60.26
Renumbered as § 7510-1.2 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7307-1.5 — OK Code / Title 10 / Section 10-7307-1.5
Renumbered as § 2-6-106 of Title 10A by Laws 2009, c
Status: in_force

234, § 190, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-9-118 — OK Code / Title 10A / Section 10A-1-9-118
Written contract - Information provided to foster
Status: in_force

parents - Supervision by child-placing agency.

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

shall, prior to any foster placement, enter into a written contract

with the foster care placement provider. The contract shall

provide, at a minimum:

1. That the state agency and the child-placing agency shall

have access at all times to the child and to the foster placement;

2. A listing of any specific requirements, specific duties or

restrictions in providing foster care services;

3. That any foster child shall have access to and be accessible

by any court-appointed special advocate for the foster child and the

foster child's attorney;

4. That the foster care placement provider shall comply with

performance standards required pursuant to the Oklahoma Children's

Code and the Oklahoma Child Care Facilities Licensing Act;

5. Information regarding the amount of payments to be made for

foster care services, including but not limited to a description of

the process involved in receiving payments, including projected time

frames, information related to reimbursements for eligible costs and

expenses for which the foster parent may be reimbursed and any

information concerning the accessibility and availability of funds

for foster parents;

6. That any foster child placed with a foster care placement

provider shall be released to the state agency or the child-placing

agency whenever, in the opinion of the state agency or the child-

placing agency, the best interests of the deprived child require

such release; and

7. Such other information required by the state agency and the

child-placing agency.

B. The state agency or child-placing agency shall provide the

following information to the foster parent at the time of placement,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 246

along with a copy of the written contract required pursuant to

subsection A of this section:

1. The names and telephone numbers of the child's case worker,

the foster parents' case worker, the case workers' supervisors, and

the contact within the state agency central office, or the name and

telephone number of the contact person within the child-placing

agency and any other medical, psychological, social or other

pertinent information relating to foster care;

2. A copy of the grievance procedure established by the state

agency or the child-placing agency;

3. The name and telephone number of any foster parent

association in the county of residence of the foster parent;

4. For foster parents of deprived children, the name and

telephone number of any postadjudication review board established in

the county of residence of the foster parent or the nearest

postadjudication review board and the court having jurisdiction over

the child;

5. A copy of the statement of foster parent rights;

6. Information detailing the ability of the foster parent to

submit information and written reports to the court, and to request

the court for review of a decision by the state agency or the child-

placing agency to remove a foster child who has been placed with the

foster parent, in accordance with the limitations and requirements

of Section 1-4-805 of this title; and

7. A copy of the policies and procedures of the Department or

child-placing agency which pertain to placement operations of the

agency, and which may be necessary to properly inform the out-of-

home placement providers of the duties, rights and responsibilities

of the out-of-home placement providers and the Department.

C. 1. In addition to other requirements made pursuant to the

Oklahoma Child Care Facilities Licensing Act, each child-placing

agency shall maintain supervision of all children placed by the

agency in foster placement and shall maintain supervision of and

make regular visits to such foster placements.

2. The child-placing agency shall visit each foster child no

less than once every month with no less than two visits per quarter

in the foster placement.

3. The child-placing agency shall prepare and maintain a

written report of its findings for each visit.

4. a. A complete written review of the placement, well-

being, and progress of any foster child in foster care

with a child-placing agency shall be made by the

child-placing agency as required by the Department.

b. If a child-placing agency is providing foster care

services for a child pursuant to a written agreement

or contract with the parents or guardian of a child,

the child-placing agency shall provide a copy of the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 247

written review to the parents or guardian of the

child. The written agreement or contract shall

specify how often the review shall be conducted.
Okla. Stat. tit. 10, § 10-7303-1.6 — OK Code / Title 10 / Section 10-7303-1.6
Renumbered as § 2-2-107 of Title 10A by Laws 2009, c
Status: in_force

234, § 178, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-9-114 — OK Code / Title 10A / Section 10A-2-9-114
Binding effect - Other laws
Status: in_force

ARTICLE XIII

BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Other laws.

1. Nothing herein prevents the enforcement of any other law of

a compacting state that is not inconsistent with this compact.

2. All compacting states’ laws other than state constitutions

and other interstate compacts conflicting with this compact are

superseded to the extent of the conflict.

B. Binding effect of compact.

1. All lawful actions of the Interstate Commission, including

all rules and bylaws promulgated by the Interstate Commission, are

binding upon the compacting states.

2. All agreements between the Interstate Commission and the

compacting states are binding in accordance with their terms.

3. Upon the request of a party to a conflict over meaning or

interpretation of Interstate Commission actions, and upon a majority

vote of the compacting states, the Interstate Commission may issue

advisory opinions regarding such meaning or interpretation.

4. In the event any provision of this compact exceeds the

constitutional limits imposed on the legislature of any compacting

state, the obligations, duties, powers or jurisdiction sought to be

conferred by such provision upon the Interstate Commission shall be

ineffective and such obligations, duties, powers or jurisdiction

shall remain in the compacting state and shall be exercised by the

agency thereof to which such obligations, duties, powers or

jurisdiction are delegated by law in effect at the time this compact

becomes effective.
Okla. Stat. tit. 10, § 10-7308-1.5 — OK Code / Title 10 / Section 10-7308-1.5
Renumbered as § 2-8-105 of Title 10A by Laws 2009, c
Status: in_force

234, § 191, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-5-102 — OK Code / Title 10A / Section 10A-1-5-102
Initial of child's surname required in court
Status: in_force

opinions.

In opinions of the appellate courts of this state in proceedings

including, but not limited to, deprived, adoption, paternity

proceedings and other proceedings under this title, the initial of

the child's surname shall be used rather than the name of the child.
Okla. Stat. tit. 10, § 10-1147 — OK Code / Title 10 / Section 10-1147
Renumbered as § 7003-4.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7307-1.3 — OK Code / Title 10 / Section 10-7307-1.3
Renumbered as § 2-6-104 of Title 10A by Laws 2009, c
Status: in_force

234, § 190, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7503-2.6 — OK Code / Title 10 / Section 10-7503-2.6
Extrajudicial consent
Status: in_force

A. 1. A putative father at least sixteen (16) years of age, of

a minor born out of wedlock who is not an Indian child, as defined

by the Oklahoma Indian Child Welfare Act, may execute an

extrajudicial consent before a notary public in which the putative

father waives any legal interest in the minor, disclaims any legal

rights with respect to the minor, and consents to the adoption of

the minor. An extrajudicial consent may be executed by a putative

father before or after the birth of the minor.

2. A man who is the legal husband of the mother of a minor who

is not an Indian child, as defined by the Oklahoma Indian Child

Welfare Act, may execute an extrajudicial consent before a notary

public in which he waives any legal interest in the minor, disclaims

any legal rights with respect to the minor, and consents to the

adoption of the minor. An extrajudicial consent may be executed by

the father only after the birth of the minor.

B. The extrajudicial consent shall contain:

1. The date, place, and time of the execution of the consent;

2. The name, current mailing address, telephone number, date of

birth, and social security number of the putative father executing

the consent;

3. Instructions that the consent is revocable for any reason

for fifteen (15) days after the execution of the consent, the manner

in which it may be revoked, and that thereafter the consent is

irrevocable, except upon the specific grounds specified in Section

7503-2.7 of this title;

4. A statement that the putative father is executing the

document voluntarily and is unequivocally consenting to the adoption

of the minor, and that the putative father understands that the

consent is final, and except for fraud or duress or the other

grounds set forth in Section 7503-2.7 of this title, may not be

revoked for any reason more than fifteen (15) days after execution

of the document;

5. A statement that the putative father executing consent is

represented by counsel or has waived the right to counsel;

6. A statement that the putative father understands that the

execution of the extrajudicial consent does not terminate any duty

of the person executing the extrajudicial consent to support the

mother or the minor until the adoption is completed;

Oklahoma Statutes - Title 10. Children Page 317

7. A statement that the putative father executing the consent

is not a member of an Indian tribe and that the minor is not,

through him, eligible for membership in an Indian tribe;

8. A statement that the putative father believes that the

adoption of the minor is in the minor's best interests;

9. A statement that the putative father 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 putative father may file an affidavit

of nondisclosure;

10. A statement that the putative father has not received or

been promised any money or any thing of value for the extrajudicial

consent, except for payments authorized by law; and

11. A statement that the putative father is not under the

influence of alcohol or medication or other substance that affects

his competence at the time of the signing of the extrajudicial

consent.

C. An extrajudicial consent shall be revocable for any reason

for fifteen (15) calendar days after the execution of the consent

before the notary public. To revoke the extrajudicial consent, the

consenting person must file a notice of revocation and an intent to

claim paternity, an acknowledgement of paternity, or a notice of his

desire to receive notice of adoption proceedings or proceedings to

terminate his parental rights, with the Paternity Registry of the

Department of Human Services pursuant to Section 7506-1.1 of this

title, and must provide a copy of this notice to the birth mother at

the time of filing the notice with the Paternity Registry of the

Department of Human Services.

D. The execution of an extrajudicial consent does not

extinguish any duty of the putative father to support the mother or

the minor until the adoption is completed.

E. Where no notice of revocation is filed in the time period

specified in subsection C of this section, the execution of the

extrajudicial consent shall operate as a waiver of the consenting

person’s right to notice and participation in any adoption

proceedings or termination of parental rights proceedings regarding

the minor referenced in the extrajudicial consent.
Okla. Stat. tit. 10, § 10-1623 — OK Code / Title 10 / Section 10-1623
Renumbered as § 523 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-7508-1.1 — OK Code / Title 10 / Section 10-7508-1.1
Records retention
Status: in_force

A. All records of any adoption finalized in this state shall be

maintained for ninety-nine (99) years by the child-placing agency,

entity, organization or person arranging or facilitating the

adoption.

B. Child-placing agencies, attorneys, or other entities that

facilitate adoptions who cease to operate or to practice in this

state shall transfer their adoption records to the Department of

Human Services, Adoption Division, or, after giving notice to the

Department of Human Services, to a transferee agency that is

assuming responsibility for the preservation of the agency's

adoption records.
Okla. Stat. tit. 10, § 10-7505-6.2 — OK Code / Title 10 / Section 10-7505-6.2
Filings required prior to final hearing
Status: in_force

A. Before the final hearing on the petition for adoption, the

following must be filed in the proceeding when available:

1. A certified copy of the birth certificate or other record of

the date and place of birth of the minor;

2. Any consent, extra judicial consent, or permanent

relinquishment, with respect to the minor that has been executed,

and any written verifications required by the Oklahoma Adoption Code

Oklahoma Statutes - Title 10. Children Page 362

from the individual before whom a consent, extra judicial consent,

or permanent relinquishment was executed;

3. A certified copy of any court order terminating the parental

rights of the minor's parents or guardian;

4. A certified copy of any existing court order or the petition

in any pending proceeding concerning custody of or visitation with

the minor;

5. A copy of any home study performed on the petitioners,

including the home studies required by Sections 7505-5.1, 7505-5.2

and 7505-5.3 of this title;

6. In an adoptive placement in which the adoptive parents or

birth parents were not both legal residents of Oklahoma prior to the

initiation of the adoption process and the parties are not otherwise

exempt from the Interstate Compact on the Placement of Children, a

copy of the approval by both the sending state and receiving state

pursuant to the Interstate Compact on the Placement of Children;

7. A copy of any agreement with a public agency to provide a

subsidy for the benefit of a minor with a special need;

8. A verified document by the Department, or child-placing

agency that placed the minor for adoption, or the attorney for the

adoptive parent in direct placement adoption, or the person who is

placing the minor for adoption in a direct placement adoption in

which the adoptive parent is not represented by an attorney, stating

that the petitioner for adoption has been furnished a copy of the

medical and social history report, pursuant to Section 7504-1.2 of

this title;

9. The name and address, if known, of any person who is

entitled to receive notice of the proceeding for adoption;

10. The affidavit of expenditures;

11. A copy of the medical and social history report, as

required by subsection D of Section 7504-1.2 of this title,

including the initial report and all supplemental reports, if any,

prepared pursuant to subsection C of Section 7504-1.2 of this title;

12. Affidavits of nondisclosure, if any, signed by a biological

parent;

13. a. A copy of the state criminal background check,

national fingerprint-based criminal background check,

if required by the provisions of the Oklahoma Adoption

Code, a search of the Department of Corrections' files

maintained pursuant to the Sex Offenders Registration

Act, and a search of the child abuse and neglect files

maintained for review by authorized entities by the

Department of Human Services pursuant to the Oklahoma

Child Abuse Reporting and Prevention Act, or

b. If the adoptive petitioners are not legal residents of

Oklahoma and the sending state has comparable and

accessible checks and searches as specified by

Oklahoma Statutes - Title 10. Children Page 363

subparagraph a of this paragraph, a copy of the

approval of both the sending state and receiving state

pursuant to the Interstate Compact on the Placement of

Children or verification that this adoptive placement

is otherwise exempt from the Interstate Compact on the

Placement of Children; and

14. Any such other document or information required by the

court.

B. If an item required by subsection A of this section is not

available, the person responsible for furnishing the item shall file

an affidavit explaining its absence.
Okla. Stat. tit. 10, § 10-6.5 — OK Code / Title 10 / Section 10-6.5
Use of certain words in reference to children born out of
Status: in_force

wedlock prohibited.

A. On and after the date upon which this act becomes operative,

the designations "illegitimate" or "bastard" shall not be used to

designate a child born out of wedlock.

B. No person, firm, corporation, agency, organization, the

State of Oklahoma nor any of its agencies, boards, commission

officers or political subdivisions, nor any hospital, nor any

institution supported by public funds, nor any employee of any of

the above, shall use the term "illegitimate" or "bastard" in

referring to or designating any child born on or after the operative

date of this act.
Okla. Stat. tit. 10, § 10-7700-607 — OK Code / Title 10 / Section 10-7700-607
Two-year limitation in proceedings with presumed
Status: in_force

father - Exception.

A. Except as otherwise provided in subsection B of this

section, a proceeding brought by a presumed father, the mother, or

another individual to adjudicate the parentage of a child having a

presumed father shall be commenced not later than two (2) years

after the birth of the child.

B. A proceeding seeking to disprove the father-child

relationship between a child and the child's presumed father may be

maintained at any time in accordance with Section 7700-608 of this

title if the court, prior to an order disproving the father-child

relationship, determines that:

1. The presumed father and the mother of the child neither

cohabited nor engaged in sexual intercourse with each other during

the probable time of conception; and

2. The presumed father never openly held out the child as his

own.

C. A proceeding seeking to disprove the father-child

relationship between a child and the child's presumed or

acknowledged father may be maintained at any time if the court

determines that the biological father, presumed or acknowledged

father, and the mother agree to adjudicate the biological father's

parentage in accordance with Sections 7700-608 and 7700-636 of this

title. If the presumed or acknowledged father or mother is

Oklahoma Statutes - Title 10. Children Page 407

unavailable, the court may proceed if it is determined that diligent

efforts have been made to locate the unavailable party and it would

not be prejudicial to the best interest of the child to proceed

without that party. In a proceeding under this section, the court

shall enter an order either confirming the existing father-child

relationship or adjudicating the biological father as the parent of

the child. A final order under this subsection shall not leave the

child without an acknowledged or adjudicated father.

D. A proceeding seeking to disprove the father-child

relationship between a child and the child's presumed or

acknowledged father may be maintained at any time before the child

is eighteen (18) years of age on the basis of fraud as defined in

Section 7700-102 of this title. A party bringing a challenge under

this section has the burden of proving fraud by clear and convincing

evidence. Upon a finding of fraud, the court shall conduct a best-

interest hearing to determine if genetic testing should be ordered

pursuant to Section 7700-608 of this title. Court-ordered genetic

testing shall be performed prior to an order of nonparentage under

Sections 7700-621 and 7700-631 of this title. Any genetic test

performed shall be in accordance with Sections 7700-501 through

7700-511 of this title.

1. The cost of the genetic testing to disprove parentage shall

be advanced by the individual challenging parentage;

2. In a court order of nonparentage, a noncustodial parent has

no right to reimbursement for child support and medical support

payments made under a child support order; and

3. The court shall order the State Department of Health,

Division of Vital Records, to amend the birth record of the child,

if appropriate.
Okla. Stat. tit. 10A, § 10A-2-7-901 — OK Code / Title 10A / Section 10A-2-7-901
Juvenile Offender Tracking Program - Purpose
Status: in_force

A. There is hereby created the Juvenile Offender Tracking

Program for the purpose of:

1. Establishing an accurate and accessible data base with

information on juvenile offenders readily available to law

enforcement agencies, juvenile court personnel, district attorneys,

and others who require such information; and

2. Enhancing community control of crime through information

sharing regarding juvenile offenders that can be used by patrol

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 455

officers and criminal investigators for the early identification of

offenders and assist in the reduction of crime.

B. Sections 2-7-901 through 2-7-905 of this title shall be

known and may be cited as the "Juvenile Offender Tracking Program".
Okla. Stat. tit. 10, § 10-7700-605 — OK Code / Title 10 / Section 10-7700-605
Venue
Status: in_force

Venue for a proceeding to adjudicate parentage is in the county

of this state in which:

1. The child resides or is found;

2. The respondent resides or is found if the child does not

reside in this state; or

3. A proceeding for probate or administration of the presumed

or alleged father’s estate has been commenced.
Okla. Stat. tit. 10, § 10-7307-1.8 — OK Code / Title 10 / Section 10-7307-1.8
Renumbered as § 2-6-109 of Title 10A by Laws 2009, c
Status: in_force

234, § 190, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7509-1.3 — OK Code / Title 10 / Section 10-7509-1.3
Invalidation or revocation of final decree of
Status: in_force

adoption.

If a person, attorney or licensed child-placing agency is

investigated by law enforcement for suspected fraud or trafficking

in children, the final decree of adoption shall not be invalidated

or revoked. Provided, however, if an adoptive parent is

investigated for suspected fraud or trafficking, the final decree of

adoption may be invalidated or revoked by the court upon good cause

shown.
Okla. Stat. tit. 10, § 10-1601 — OK Code / Title 10 / Section 10-1601
Renumbered as § 501 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10A, § 10A-2-8-224 — OK Code / Title 10A / Section 10A-2-8-224
Purchase, receipt or possession of tobacco or vapor
Status: in_force

products by those under 21 prohibited - Falsifying proof of age -

Penalties.

A. It is unlawful for a person who is under twenty-one (21)

years of age to purchase, receive, or have in his or her possession

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 466

a tobacco product, nicotine product or vapor product, or to present

or offer to any person any purported proof of age which is false or

fraudulent, for the purpose of purchasing or receiving any tobacco

product, nicotine product or vapor product. It shall not be

unlawful for an employee under twenty-one (21) years of age to

handle tobacco products, nicotine products or vapor products when

required in the performance of the employee's duties.

B. When a person violates subsection A of this section, the

violator shall complete an education or tobacco use cessation

program approved by the court. If the violator fails to complete

the tobacco use cessation program ordered by the court, a fine may

be imposed that shall not exceed Fifty Dollars ($50.00) for a first

offense or One Hundred Dollars ($100.00) for subsequent offenses.

The violator may also be required to complete a community service

program or other appropriate programs or services as ordered by the

court. The court shall have jurisdiction over the violator for

twelve (12) months following sentencing to ensure all programs and

orders of the court are followed.

C. The ABLE Commission shall establish rules to provide for

notification to a parent or guardian of any minor cited for a

violation of this section.

D. Cities and towns may enact and municipal police officers may

enforce ordinances prohibiting and penalizing conduct in violation

of this section.

E. For the purposes of this section, the term "vapor products"

shall have the same meaning as provided in the Prevention of Youth

Access to Tobacco Act.
Okla. Stat. tit. 10A, § 10A-2-4-107 — OK Code / Title 10A / Section 10A-2-4-107
Salaries and expenses - Offices and equipment
Status: in_force

A. The salary of the director and other employees of the bureau

and any detention home established pursuant to Section 2-4-108 of

this title shall be fixed by the judge of the Juvenile Division,

subject to the general administrative authority of the county

commissioners of the contracting county.

B. The judge of the Juvenile Division, subject to the general

administrative authority of the county commissioners of the

contracting county, may fix a limit on the amount of expenses that

may be incurred by the director and assistants to the director, such

limit to be in the judgment of the judge adequate to care for the

expenses necessary to carrying out the orders of the court in an

efficient and expedient manner. The director and assistants to the

director and other personnel of the court shall keep and maintain

their offices at the place where the office of the judge of the

court is kept, unless the judge of the Juvenile Division, subject to

the general administrative authority of the county commissioners of

the contracting county, shall direct otherwise. The offices of the

director and assistants to the director shall contain adequate

equipment, desk space and consultation rooms necessary for

appropriate office procedure.

C. In addition to their salaries, the director and assistants

to the director shall be reimbursed at the same rate as state

employees for mileage traveled by them in the investigation of court

cases and in supervising probationers. The director and assistants

may also receive reimbursement, at the rate and in the manner

applicable to other county officers, for actual and necessary

expenses incurred by them in attending conferences, meetings,

seminars or official business of the court either within or outside

of the State of Oklahoma.

D. In all counties having a juvenile bureau, the budget of the

juvenile bureau for salaries and expenses of the director,

counselors and other employees shall be established and funded as

follows:

1. All expenses incurred in complying with the provisions of

this article shall be a county charge or funded by a special sales

tax dedicated to juvenile programs and expenses;

2. The salaries and other compensation of all employees of the

juvenile bureau shall be fixed by the judge within the limit of the

total appropriations therefor; and

3. It is made the duty of the county excise board to make the

necessary appropriation and levy for the payment of salaries of the

director and all other employees, together with the expenses of

administering the bureau, consistent with the duty to do likewise

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 349

with the budget estimates of other county officers under the board's

jurisdiction, as required by the Constitution and laws of this

state.

Except in instances where it is entitled to representation

because of insurance coverage, the district attorney of the county

in which the juvenile bureau is located shall represent the juvenile

bureau and any employee who was acting in his or her official

capacity at the time of the act or omission complained of in any

lawsuit. If the district attorney has a conflict of interest or

otherwise declines to represent the juvenile bureau or its

employees, the county commissioners may request the assistance of

the Attorney General or authorize the employment of private counsel

for the juvenile bureau and its employees in their official

capacity.
Okla. Stat. tit. 10, § 10-1109 — OK Code / Title 10 / Section 10-1109
Renumbered as § 7003-3.7 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-4-106 — OK Code / Title 10A / Section 10A-2-4-106
Transportation of juveniles - Expenses
Status: in_force

The director or assistants to the director shall have authority

to transport all juveniles found to come within the purview of this

article to place or places where the order of the court requires

such juveniles to be confined or placed, and the director and

assistants to the director shall be paid the actual expenses

incurred in carrying out the orders and judgment of the court in

addition to a mileage fee of ten cents ($0.10) per mile for miles

actually traveled in executing the duties of the director or

assistants by order of the judge.
Okla. Stat. tit. 10, § 10-1115.1 — OK Code / Title 10 / Section 10-1115.1
Renumbered as § 7003-5.3 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7003-7.1 — OK Code / Title 10 / Section 10-7003-7.1
Renumbered as § 1-7-101 of Title 10A by Laws 2009, c
Status: in_force

233, § 275, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 10. Children Page 276
Okla. Stat. tit. 10A, § 10A-2-5-401 — OK Code / Title 10A / Section 10A-2-5-401
Sentencing departure — Crime committed against person
Status: in_force

who trafficked, sexually abused, or sexually assaulted the minor.

A. As used in this section, "mandatory minimum" means the

minimum number of years of imprisonment a person is required to

serve based on the felony or misdemeanor offense.

B. If a minor is convicted as an adult for an offense that the

minor committed when he or she was under eighteen (18) years of age

and the court finds by clear and convincing evidence that the person

against whom the minor was convicted of committing the offense

trafficked the minor or sexually abused or sexually assaulted the

minor within ninety (90) days before the commission of the offense,

the court may:

1. Depart from the mandatory minimum sentence or sentence

enhancement;

2. Suspend any portion of an otherwise applicable sentence; or

3. Transfer the minor to the jurisdiction of the juvenile

division of the district court for further proceedings.
Okla. Stat. tit. 10, § 10-7505-6.3 — OK Code / Title 10 / Section 10-7505-6.3
Application for final decree - Waiver of
Status: in_force

interlocutory decree and waiting period - Notice of hearing -

Appearance - Entry of final decree.

A. After six (6) months from the date of the interlocutory

decree unless the court waived all or part of the waiting period,

the petitioners may apply to the court for a final decree of

adoption. The court shall thereupon set a time and place for final

hearing.

B. If the minor is related by blood to one of the petitioners,

or is a stepchild of the petitioner, or the court finds that the

best interests of the child will be furthered thereby, the court,

after examination of the home study reports required by Section

7505-5.1 or 7505-5.2 of this title, may waive the entry of an

interlocutory decree and the waiting period of six (6) months or the

balance of the waiting period provided in this section.

C. Notice of the time and date of the hearing shall be served

at least ten (10) days prior to the hearing upon any parent whose

parental rights have not been terminated, unless that parent has

properly executed a consent to the adoption or a permanent

relinquishment pursuant to Sections 7503-2.3, 7503-2.4 and 7503-2.6

of this title or has waived the right to notice pursuant to Section

7503-3.1 of this title. Notice of the hearing shall also be served

on the child-placing agency or the Department of Human Services in

those cases where the child-placing agency or Department has

original custody, or performed a home study.

D. The petitioners and child shall appear at the hearing on the

application for final decree, unless the presence of the child is

waived by the court.

E. The final hearing is not required to be recorded by a court

reporter. Upon the request of any party, the court shall direct

Oklahoma Statutes - Title 10. Children Page 364

that the hearing be recorded by the court reporter, or the court may

order on its own initiative that the hearing be recorded.

F. The court may enter a final decree of adoption, if the court

is satisfied that the adoption is in the best interests of the

child.

G. For purposes of this subsection, the State of Oklahoma

elects to make subparagraph (A) of paragraph 20 of subsection 3 of

Section 471(a) of the Social Security Act (Public Law 105-89)

inapplicable to Oklahoma. Instead, the State of Oklahoma requires

that:

1. Except as otherwise provided by this subsection, a

prospective adoptive parent shall not be approved for placement of a

child if the petitioners or any other person residing in the home of

the petitioners has been convicted of any of the following felony

offenses:

a. within the five-year period preceding the date of the

petition, physical assault, domestic abuse, battery or

a drug-related offense, except as otherwise authorized

by this subsection,

b. child abuse or neglect,

c. a crime against a child, including, but not limited

to, child sexual abuse material, and

d. a crime involving violence, including, but not limited

to, rape, sexual assault or homicide, but excluding

physical assault or battery.

2. A prospective adoptive parent may be an approved placement

regardless of whether such parent has been convicted of any of the

felony offenses specified by subparagraph a of paragraph 1 of this

subsection, if an evaluation has been made and accepted by the court

which considers the nature and seriousness of the crime in relation

to the adoption, the time elapsed since the commission of the crime,

the circumstances under which the crime was committed, the degree of

rehabilitation, the number of crimes committed by the person

involved, and a showing by clear and convincing evidence that the

child will not be at risk by such placement.

H. Under no circumstances shall a child be placed in the

custody of an individual subject to the Oklahoma Sex Offenders

Registration Act or an individual who is married to or living with

an individual subject to the Oklahoma Sex Offenders Registration

Act.
Okla. Stat. tit. 10A, § 10A-1-4-716 — OK Code / Title 10A / Section 10A-1-4-716
Family drug court costs – Family Drug Court Revolving
Status: in_force

Fund.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 135

A. 1. The family drug court judge may order the family, or a

member of the family, to pay court costs, treatment costs, drug-

testing costs, and supervision fees. The family drug court judge

may order an adult member or members of the family responsible for

the health or welfare of the child or children to pay a program user

fee, not to exceed Twenty Dollars ($20.00) per month.

2. The family drug court judge may establish a schedule for the

payment of costs and fees.

B. There shall be created with the county treasurer of each

county within this state a cash fund to be designated as the "Family

Drug Court Revolving Fund".

1. The fund shall be a continuing fund, not subject to fiscal

year limitations, and shall consist of all monies received and any

other monies designated by law for deposit into the fund.

2. All monies accruing to the credit of the fund are hereby

appropriated and shall be expended by the family drug court

coordinator for the benefit and administration of the family drug

court program.

3. Claims against the fund shall include only expenses incurred

for the administration of the family drug court program and payment

may be made after the claim is approved by the family drug court

team.

4. The necessary forms and procedures to account for the monies

shall be developed and implemented by the Office of the State

Auditor and Inspector.

C. 1. The cost for treatment, drug testing, and supervision

fees shall be set by the family drug court team and shall reflect

actual expenses or rates established by the Department of Mental

Health and Substance Abuse Services and made part of the court's

order for payment.

2. The costs for drug testing and supervision fees shall be

paid to the family drug court coordinator for deposit into the

county Family Drug Court Revolving Fund.

3. The costs for treatment shall be paid to the respective

family drug court treatment provider or providers.

4. The court clerk shall collect all other costs and fees

ordered.

D. 1. No court order for costs and fees shall be limited by

any term of supervision, treatment, or extension thereof.

2. Court orders for costs and fees shall remain an obligation

of the adult member or members of the family responsible for the

health or welfare of the child or children with court monitoring

until fully paid.
Okla. Stat. tit. 10, § 10-153 — OK Code / Title 10 / Section 10-153
Inclusion of cost of education in school districts'
Status: in_force

budgets.

The Board of Education of any school district wherein is located

any such Institution as is described in Section 2 hereof, shall in

making up their annual budget, include therein under "Estimate items

of receipt other than ad valorem taxes," and include as an asset, a

sum equal to the aggregate number of children as shown by the report

as set out in Section 2 hereof, multiplied by the per capita cost of

education, per pupil, as shown by the clerk's report of the

preceding year, less the total county and state apportionment to be

collected by said district on account of said children, as shown by

the Treasurer's report of the year previous.
Okla. Stat. tit. 10, § 10-405.5 — OK Code / Title 10 / Section 10-405.5
Continuation of license upon inheritance or purchase of
Status: in_force

a facility.

A. An individual who inherits or purchases a licensed child

care facility and operates the facility with the same personnel

employed by the previous owner may continue to operate the facility

under the same license and at the same star rating as the previous

owner for a period of ninety (90) calendar days.

B. The Department of Human Services shall be notified of any

change of ownership of a licensed child care facility by the next

Department of Human Services business day and prior to the new owner

assuming operations of the facility.

C. If individuals who receive ownership of a licensed child

care facility through purchase or inheritance have met all

requirements for owners of child care facilities by the end of the

ninety-calendar-day period established in subsection A of this

section, they may continue to operate the facility at the same star

rating. If all requirements have not been met, the facility may not

care for children until the facility is authorized to do so by the

Department.

D. Nothing in this section shall be construed as prohibiting

the Department from exercising its authority to revoke the license

of a child care facility as provided in Section 407 of Title 10 of

the Oklahoma Statutes during the ninety-calendar-day period

established in subsection A of this section.
Okla. Stat. tit. 10A, § 10A-1-9-121 — OK Code / Title 10A / Section 10A-1-9-121
Grandparents - Legislative findings and declaration -
Status: in_force

Informational and educational program - Distribution of

informational brochures.

A. The Oklahoma Legislature finds and declares that:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 256

1. An increasing number of children under the age of eighteen

(18) years, including many children who would otherwise be at risk

of abuse or neglect, are in the care of a grandparent;

2. A principal cause for this increase is an increase in the

incidence of parental substance abuse, child abuse, mental illness,

poverty, and death, as well as concerted efforts by families and by

the child welfare service system to keep children with relatives

whenever possible;

3. Grandparents providing primary care for at-risk children may

experience unique resultant problems, such as financial stress due

to limited incomes, emotional difficulties related to dealing with

the loss of the child's parents or to the child's unique behaviors,

and decreased physical stamina combined with a much higher incidence

of chronic illness;

4. Many children being raised by grandparents experience one or

more of a combination of emotional, behavioral, psychological,

academic, or medical problems, especially those born to a substance-

abusing mother or those who are at risk of child abuse, neglect, or

abandonment; and

5. Grandparents providing primary care for children lack

appropriate information about the issues of kinship care, the

special needs, both physical and psychological, of children born to

a substance-abusing mother or who are at risk of child abuse,

neglect, or abandonment, and the support resources currently

available to them.

B. The Department of Human Services shall establish an

informational and educational program including, but not limited to,

the area of parental substitute authority, for grandparents who

provide primary care for children who are at risk of child abuse,

neglect, or abandonment or who were born to substance-abusing

mothers. As a part of the program, the Department shall develop,

publish, and distribute an informational brochure for grandparents

who provide primary care for children who are at risk of child

abuse, neglect, or abandonment or who were born to substance-abusing

mothers. The information provided under the program authorized by

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

1. The problems experienced by children being raised by

grandparents;

2. The problems experienced by grandparents providing primary

care for children who have special needs;

3. The legal system as it relates to children and grandparents;

4. The benefits available to children and grandparents

providing primary care; and

5. A list of support groups and resources located throughout

the state.

C. The brochure may be distributed through hospitals, public

health nurses, child protective services, medical professional

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 257

offices, elementary and secondary schools, senior citizen centers,

public libraries, and community action agencies selected by the

Department.
Okla. Stat. tit. 10, § 10-7003-5.6e — OK Code / Title 10 / Section 10-7003-5.6e
Renumbered as § 1-4-810 of Title 10A by Laws 2009,
Status: in_force

c. 233, § 256, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-601.4 — OK Code / Title 10 / Section 10-601.4
Additional duties and responsibilities of Commission
Status: in_force

The Oklahoma Commission on Children and Youth is further

authorized to:

1. Facilitate joint planning and service coordination among

public and private agencies that provide services to children and

youth and maintain as confidential information provided to the

Commission regarding persons using such services;

2. Prepare and publish reports;

Oklahoma Statutes - Title 10. Children Page 146

3. Review the programs, policies, and services for children and

youth provided by public and private agencies for compliance with

established state policies and progress towards goals identified in

planning documents relating to children and youth services and to

make reports regarding such compliance and progress;

4. Accept appropriations, gifts, loans, and grants from the

state and federal government and from other sources, public or

private;

5. Enter into agreements or contracts for the development of

test models or demonstration programs and projects and for programs

of practical research for effective services to children and youth;

provided that the administration of contract for such model programs

and projects shall, within five (5) years of their inception, be

transferred to an appropriate agency or the program or project shall

be discontinued;

6. Secure necessary statistical, technical, administrative,

operational, and staff services by interagency agreement or

contract;

7. Examine all records, plans, budgets, and budget documents

pertaining to the children and youth service system;

8. Exercise all incidental powers as necessary and proper for

the performance of the duties and responsibilities of the

Commission;

9. Promulgate rules as necessary to carry out the duties and

responsibilities assigned to the Oklahoma Commission on Children and

Youth;

10. Recommend that a facility providing services to children

and youth be closed or that its contract with the state be

terminated; and

11. Request that cases involving children within its

jurisdiction be transferred to the jurisdiction of the Oklahoma

State Bureau of Investigation.
Okla. Stat. tit. 10, § 10-7301-1.3 — OK Code / Title 10 / Section 10-7301-1.3
Renumbered as § 2-1-103 of Title 10A by Laws 2009, c
Status: in_force

234, § 168, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1417 — OK Code / Title 10 / Section 10-1417
Clinics - Outpatient facilities - Day care centers
Status: in_force

(a) The Department of Human Services may establish and direct

such mental hygiene clinics and child guidance clinics in local

areas of the state where such clinics are deemed most advantageous

for the public welfare as a distinct part of the general health

program.

(b) Outpatient facilities and day care centers to be operated

in conjunction with state schools for individuals with intellectual

disabilities shall be established, maintained and operated by the

Department to provide outpatient care for individuals with

intellectual disabilities. The number and location of such

facilities and day care centers shall be determined by the Director

of Human Services.
Okla. Stat. tit. 10, § 10-7302-4.1 — OK Code / Title 10 / Section 10-7302-4.1
Renumbered as § 2-7-401 of Title 10A by Laws 2009, c
Status: in_force

234, § 172, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1507.15 — OK Code / Title 10 / Section 10-1507.15
Renumbered as § 7306-2.1 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7700-901 — OK Code / Title 10 / Section 10-7700-901
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration shall

be given to the need to promote uniformity of the law with respect

to its subject matter among states that enact it.

Oklahoma Statutes - Title 10. Children Page 414
Okla. Stat. tit. 10, § 10-7309-1.13 — OK Code / Title 10 / Section 10-7309-1.13
Renumbered as § 2-9-113 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 192, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7303-5.1 — OK Code / Title 10 / Section 10-7303-5.1
Renumbered as § 2-2-501 of Title 10A by Laws 2009, c
Status: in_force

234, § 181, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-405.1 — OK Code / Title 10 / Section 10-405.1
Comprehensive state plan for child care facilities –
Status: in_force

Federal requirements – Submission to Legislature.

A. The Department of Human Services shall collaborate with

other appropriate agencies to develop a comprehensive Oklahoma state

plan for child care.

B. The comprehensive plan shall:

1. Meet all requirements for child care state plans as

periodically determined by the United States Department of Health

and Human Services Administration for Children and Families Child

Care Bureau; and

2. Be submitted to the Speaker of the Oklahoma House of

Representatives and the President Pro Tempore of the Senate on a

biannual basis.
Okla. Stat. tit. 10, § 10-1507.26 — OK Code / Title 10 / Section 10-1507.26
Renumbered as § 7306-2.12 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-1-9-108 — OK Code / Title 10A / Section 10A-1-9-108
Pilot program to serve children at high risk of abuse
Status: in_force

and neglect.

A. A pilot program to serve children at high risk of abuse and

neglect shall be established by the Department of Human Services in

consultation with an evaluation team created pursuant to this

section if funds are available.

B. The pilot program shall:

1. Identify the populations of children at high risk of abuse

and neglect and the characteristics of those children including, but

not limited to, populations in which parental drug and/or alcohol

abuse, mental illness, mental and/or physical disability, and

domestic abuse are an issue;

2. Develop and design programs to provide services to children

at high risk of abuse and neglect;

3. Develop methods for coordinating state and local services to

assist high risk children and their families;

4. Allow and provide for participation of both urban and rural

concerns in developing and designing such programs;

5. Monitor, evaluate, and review the programs implemented to

serve populations of children at high risk of abuse and neglect; and

6. Include such other areas, programs, services, and

information deemed necessary by the Department to provide a

comprehensive assessment of the needs and programs necessary to

provide assistance to children at high risk of abuse and neglect.

C. An evaluation team shall determine the effectiveness of the

pilot program, and make a report to the Legislature and to the

Department annually for as long as the program is funded. Such

report shall cover:

1. Effective programs that will serve children that are at high

risk of abuse and neglect;

2. Statewide expansion of programs;

3. Funding sources;

4. Training of professionals to serve such populations;

5. Monitoring, evaluating and reviewing continued effectiveness

of such programs;

6. Special needs of children at risk of abuse and neglect from

parental addiction to drugs and alcohol and parental mental illness

and mental and/or physical disability and from domestic abuse; and

7. Recommendations regarding the issuance of grants and

contracts for serving such high-risk populations.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 231

D. The evaluation team shall consist of not more than two

representatives from the following entities who have expertise in

child abuse prevention or a related field and who have an

understanding of program evaluation techniques:

1. The Department of Human Services;

2. The Department of Mental Health and Substance Abuse

Services;

3. The Oklahoma Commission on Children and Youth;

4. The Oklahoma Indian Affairs Commission;

5. The Oklahoma Institute for Child Advocacy;

6. The Oklahoma Court-Appointed Special Advocate Association;

7. The University of Oklahoma; and

8. Oklahoma State University.

E. 1. Upon receipt of recommendations from the evaluation team

established pursuant to this section, which indicate that the

expansion of the pilot project on a statewide basis would be

economically feasible and practical, the Commission for Human

Services shall promulgate rules for developing a statewide program

serving populations of children at high risk of abuse and neglect,

provided funding is available for such expansion.

2. Upon promulgation of rules by the Commission, the provisions

of this section shall become effective statewide.

F. The Department may:

1. Contract for services necessary to carry out the duties of

the Department pursuant to the provisions of this section; and

2. Accept the services of volunteer workers or consultants and

reimburse them for their necessary expenses pursuant to the State

Travel Reimbursement Act.
Okla. Stat. tit. 10, § 10-1209 — OK Code / Title 10 / Section 10-1209
Renumbered as § 7305-1.9 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-7-620 — OK Code / Title 10A / Section 10A-2-7-620
Plans for repurposing the campuses of the Southwest
Status: in_force

Oklahoma Juvenile Center and the Oklahoma Juvenile Center for Girls.

A. Concurrent with the Office of Juvenile Affairs (OJA) campus

consolidation process as contemplated by Section 2-7-618 et seq. of

this title, OJA is directed to develop, in collaboration with other

executive branch agencies and such other entities as OJA deems

necessary in furtherance of the requirements of Section 2-7-618 of

this title, plans for the repurposing of the Southwest Oklahoma

Juvenile Center and the Oklahoma Juvenile Center for Girls campuses.

The agency shall provide a report to the Governor, the Speaker of

the House of Representatives and the President Pro Tempore of the

Senate on recommendations for future use of those facilities not

later than March 31, 2018, or one hundred eighty (180) days from

such date if the provisions of Section 2-7-618 et seq. of this title

become effective as law later than July 1, 2017.

B. No later than October 1, 2021, the OJA shall provide a

report to the Governor, the President Pro Tempore of the Senate and

the Speaker of the House of Representatives on the feasibility of

entering into a contract for or operating group homes of any level

at the Southwest Oklahoma Juvenile Center campus located in Manitou,

Oklahoma.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 446
Okla. Stat. tit. 10, § 10-1403.3 — OK Code / Title 10 / Section 10-1403.3
Renumbered as 7004-3.4 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-6-103 — OK Code / Title 10A / Section 10A-2-6-103
Confidentiality of social records
Status: in_force

A. 1. Social records, as defined by Section 93 of this act,

shall not be filed in the court record unless so ordered by the

court. If filed in the court record, the records shall be placed in

confidential envelopes in the court file and may only be accessed by

the person who is the subject of the record, or the attorney for

such person.

2. The person or the attorney for the person may obtain a copy

of any social record used during the pendency of the delinquent

proceedings that has been distributed to any of the parties during

the proceedings.

B. Nothing in this section shall prohibit the disclosure of

confidential records as permitted by the provisions of Chapter 6 of

this Code or any other applicable law.
Okla. Stat. tit. 10, § 10-603.4 — OK Code / Title 10 / Section 10-603.4
Day treatment program standards
Status: in_force

A. In accordance with the standards recommended by the

Committee on Day Treatment Standards in its report dated November 2,

1994, the State Board of Health, the Board of Mental Health and

Substance Abuse Services and the Oklahoma Health Care Authority

Board shall promulgate rules establishing standards for day

treatment programs, as defined in Section 175.20 of this title, and

shall monitor, not less than annually, compliance with the

standards, if funds are available. The responsibilities of the

boards regarding enforcement of and monitoring of compliance with

the rules shall be as follows:

1. The State Board of Health shall be responsible for the

promulgation of rules establishing standards for day treatment

programs other than those operated by community mental health

centers;

2. The Board of Mental Health and Substance Abuse Services

shall be responsible for the promulgation of rules for day treatment

programs operated by community mental health centers; and

3. The Oklahoma Health Care Authority Board shall monitor

compliance of outpatient hospital day treatment services with the

standards in the Medical Providers-Hospital Specific Manual, OAC

317:30-5-42(a)(6). Any program found to be out of compliance with

such standards shall be subject to cancellation of its authorization

for day treatment services within its contract with the Oklahoma

Health Care Authority according to rules governing such contract

cancellations.

B. The boards shall coordinate development and monitoring of

rules to the maximum extent reasonable and practical in order to

avoid unnecessary contradiction or conflict and to minimize the

incidence of duplicative monitoring of day treatment program.
Okla. Stat. tit. 10, § 10-1620 — OK Code / Title 10 / Section 10-1620
Renumbered as § 520 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.

Oklahoma Statutes - Title 10. Children Page 270
Okla. Stat. tit. 10A, § 10A-2-2-401.2 — OK Code / Title 10A / Section 10A-2-2-401.2
Delinquency or youthful offender proceedings -
Status: in_force

Competency of child - Rebuttable presumption.

A. 1. At any time prior to or during delinquency or youthful

offender proceedings pursuant to the Oklahoma Juvenile Code, the

child's attorney, the district attorney, or the court may raise the

issue of a child's competency to participate in the proceeding. If

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 292

at the time the issue of competency is raised the child is not

represented by counsel, the court shall immediately appoint counsel.

The court shall stay all proceedings except to allow the filing of a

delinquency petition or youthful offender information.

2. At any time prior to or during delinquency or youthful

offender proceedings pursuant to the Oklahoma Juvenile Code, the

Office of Juvenile Affairs may file a Motion to Intervene to raise

the issue of a child's competency for any child in its custody.

3. In any delinquency or youthful offender proceeding pursuant

to the Juvenile Code, if the child who is the subject of the

proceeding is thirteen (13) years or older and if the child is not

otherwise found to be developmentally disabled, developmentally

immature, intellectually disabled, or mentally ill, there exists a

rebuttable presumption that the child is competent. Such

presumption applies only for making a determination as to whether

the child is competent and shall not be used or applicable for any

other purpose.

B. The court may find a child incompetent without ordering a

competency evaluation or hearing if the district attorney and the

child's attorney, and at least one of the child's parents, legal

guardians, or guardian ad litem agree to the determination.
Okla. Stat. tit. 10, § 10-40.8 — OK Code / Title 10 / Section 10-40.8
Payment of foster care expenses under certain
Status: in_force

circumstances.

A. In the event the Department of Human Services has legal

custody of an Indian child, and that child is placed with a tribally

licensed or approved foster home, the state shall pay the costs of

foster care in the same manner and to the same extent the state pays

the costs of foster care to state-licensed or state-approved foster

homes, provided that the tribe shall have entered into an agreement

with the state pursuant to Section 8 herein, which shall require

tribal cooperation with state plans required by federal funding

laws.

B. The state shall pay the costs of foster care of a child

placed with a tribally licensed or approved foster home where the

placement is made by a tribe having jurisdiction of the proceeding,

provided that the tribe shall have entered into an agreement with

the state pursuant to Section 8 herein, which shall require tribal

cooperation with state plans required by federal funding laws.
Okla. Stat. tit. 10, § 10-7700-314 — OK Code / Title 10 / Section 10-7700-314
Rules
Status: in_force

The Department of Human Services shall promulgate and adopt

rules to implement the provisions of this Article.
Okla. Stat. tit. 10, § 10-7115.1 — OK Code / Title 10 / Section 10-7115.1
Renumbered as § 1-2-109 of Title 10A by Laws 2009, c
Status: in_force

233, § 220, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1430.40 — OK Code / Title 10 / Section 10-1430.40
Termination of receivership
Status: in_force

A. The court may terminate a receivership:

1. If the time period specified in the order appointing the

receiver elapses and is not extended;

2. If the court determines that the receivership is no longer

necessary because the conditions which gave rise to the receivership

no longer exist; or the Department of Human Services issues the

provider or licensee a new license, whether the structure of the

group home, the right to operate the group home, or the land on

which it is located is under the same or different ownership; or

3. If all of the residents in the group home have been

transferred or discharged.

B. 1. Within thirty (30) days after termination, the receiver

shall give the court a complete accounting of all property of which

the receiver has taken possession, of all funds collected, and of

the expenses of the receivership.

2. If the operating funds exceed the reasonable expenses of the

receivership, the court shall order payment of the surplus to the

provider or licensee, after reimbursement of funds drawn from the

contingency fund provided for in Section 1430.37 of this title. If

the operating funds are insufficient to cover the reasonable

expenses of the receivership, the provider or licensee shall be

liable for the deficiency. Payment recovered from the provider or

licensee shall be used to reimburse the contingency fund for amounts

drawn by the receiver under Section 1430.37 of this title.

3. The Department shall have a lien for any payment made under

Section 1430.37 of this title upon any beneficial interest, direct

or indirect, of any owner in the following property:

a. the building in which the group home is located,

b. any fixtures, equipment or goods used in the operation

of the group home,

c. the land on which the group home is located, or

d. the proceeds from any conveyance of property described

in subparagraphs a, b or c above, made by the provider

or licensee within one (1) year prior to the filing of

the petition for receivership.

4. The receiver shall, within sixty (60) days after termination

of the receivership, file a notice of any lien created under this

section. If the lien is on real property, the notice shall be filed

with the county clerk. If the lien is on personal property, the

Oklahoma Statutes - Title 10. Children Page 264

notice shall be filed with the Secretary of State. The notice shall

specify the name of the person against whom the lien is claimed, the

name of the receiver, the dates of the petition for receivership and

the termination of receivership, a description of the property

involved and the amount claimed. No lien shall exist under this act

against any person, on any property, or for any amount not specified

in the notice filed under this paragraph.
Okla. Stat. tit. 10A, § 10A-1-7-105 — OK Code / Title 10A / Section 10A-1-7-105
Rules, policies and procedures regarding children in
Status: in_force

Department custody.

A. The Department of Human Services shall promulgate written

rules, policies, and procedures governing the operation of those

residential care facilities, including group homes, operated by or

under contract with the Department wherein a child may be placed,

requiring assurance that at least one employee of the facility is

designated and authorized to apply the reasonable and prudent parent

standard to decisions involving the participation of a child in age-

appropriate or developmentally appropriate activities. The

authorized employee shall be provided with training on how to use

and apply the reasonable and prudent parent standard.

B. The policies prescribed shall, at a minimum, ensure that:

1. A child shall not be punished by physical force, deprivation

of nutritious meals or family visits, or solitary confinement;

2. A child shall have the opportunity to participate in

physical exercise each day;

3. A child shall be allowed daily access to showers;

4. A child shall be allowed his or her own clothing or

individualized clothing which is clean;

5. A child shall have constant access to writing materials and

may send mail without limitation, censorship, or prior reading, and

may receive mail without prior reading, except that mail may be

opened in the presence of the child, without being read, to inspect

for contraband or if authorized by the court for the protection of

the child;

6. A child shall have a right to communicate and to visit with

his or her family on a regular basis, and to communicate with

persons in the community provided the communication or visitation is

in the best interests of the child;

7. A child shall have timely access to medical care as needed;

8. A child in the custody or care of the Department shall be

provided access to an education including teaching, educational

materials, and books;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 198

9. A child shall have a right to access to the child's

attorney;

10. A child shall be afforded a grievance procedure, including

an appeal procedure;

11. The behavioral health needs of the child shall be met,

protected, and served through provision of guidance, counseling, and

treatment programs, staffed by competent, professionally qualified

persons;

12. The emotional and developmental growth of the child shall

be encouraged by allowing the child to participate in age-

appropriate and developmentally appropriate extracurricular,

enrichment, cultural, and social activities, using a reasonable and

prudent parent standard; and

13. Use of physical force, when authorized, shall be the least

force necessary under the circumstances and shall be permitted only

under the following circumstances:

a. for self-protection,

b. to separate children who are fighting,

c. to restrain children in danger of inflicting harm to

themselves or others, or

d. to deter children who are in the process of leaving

the facility without authorization.

C. Any contract or agreement entered into by the Department for

the residential care and treatment of children in the custody of the

Department shall provide that a failure to comply with the

provisions of this section may result in a termination or

cancellation of the contract or other appropriate sanction.
Okla. Stat. tit. 10A, § 10A-1-7-108 — OK Code / Title 10A / Section 10A-1-7-108
Liability for costs voluntarily expended by foster
Status: in_force

parent.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 200

Neither the Department of Human Services nor a child-placing

agency shall be liable for any costs or expenses expended

voluntarily by a foster parent for a foster child which are in

excess of the funds authorized for providing foster care services to

the foster child.
Okla. Stat. tit. 10, § 10-601.31 — OK Code / Title 10 / Section 10-601.31
Duties of Commission on Children and Youth - Duties of
Status: in_force

Board - Chief Child Abuse Examiner - Duties.

A. The Oklahoma Commission on Children and Youth shall:

1. Promulgate rules providing for:

a. the training and continuing training requirements for

allopathic and osteopathic physicians, physicians'

assistants, and registered nurses, in a manner

consistent with their existing scopes of practice as

child abuse examiners,

b. the duties and responsibilities of child abuse

examiners, and

c. uniform standards for medical examinations and

evaluations of children suspected to be victims of

child abuse or neglect and uniform forms for written

reports of such examinations and evaluations;

2. Distribute an initial listing, and revised listings as often

as necessary, of child abuse examiners to:

a. each county office of the Department of Human

Services,

b. each local county or city-county health department.

Where there is no local health department, the listing

shall be sent to the local county board of health,

c. each district attorney, and

d. other persons as necessary and advisable, upon the

recommendation of the Board of Child Abuse

Examination; and

3. With funds appropriated or otherwise available for such

purpose, may provide by contract for:

a. the services of a physician to serve as Chief Child

Abuse Examiner, and

b. the establishment and implementation of a training

program and continuing training program for

physicians, physicians' assistants and registered

nurses, in a manner consistent with their existing

scopes of practice, as child abuse examiners and for

consultation services to such persons in matters

relating to child abuse and neglect through contracts

with the University of Oklahoma and Oklahoma State

University.

B. The Board of Child Abuse Examination shall:

1. Prepare the rules, standards and forms required by

subsection A of this section, and amendments to the rules, standards

and forms as necessary, for the approval of the Commission;

2. In cooperation with the University of Oklahoma and Oklahoma

State University, develop and maintain training programs and

consultation services for physicians and child abuse examiners;

Oklahoma Statutes - Title 10. Children Page 157

3. In consultation and cooperation with the Department of Human

Services and the Oklahoma Health Care Authority, develop a uniform

system of reimbursement for medical examinations and evaluations of

cases of suspected child abuse or neglect which are compensable

pursuant to Title XIX of the federal Social Security Act for

adoption by the Oklahoma Health Care Authority;

4. Develop and maintain an accurate listing of trained child

abuse examiners for distribution by the Commission; and

5. Engage in such other activities as necessary and appropriate

for the establishment and maintenance of a statewide system of

expert medical examination and evaluation of children suspected to

be victims of child abuse and neglect, subject to the approval and

authorization of the Commission.

C. The Chief Child Abuse Examiner shall be a physician with

experience in the area of child abuse and neglect and, as requested

or directed by the Board, shall:

1. Provide consultant services to the Board as necessary for

the preparation of the rules, standards and forms required by

subsection A of this section;

2. Assist the Board and the University of Oklahoma and Oklahoma

State University with the development, implementation, maintenance

and coordination of the training programs required by this section;

3. Prepare written reports for the Board and the Commission

regarding progress of the system established by this act; and

4. As requested by the Board, perform other duties as necessary

to assist the Board in the performance of its duties and

responsibilities.
Okla. Stat. tit. 10, § 10-7305-1.3 — OK Code / Title 10 / Section 10-7305-1.3
Renumbered as § 2-4-103 of Title 10A by Laws 2009, c
Status: in_force

234, § 186, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-7-116 — OK Code / Title 10A / Section 10A-1-7-116
Notice to placement agencies when a child in custody
Status: in_force

becomes eligible for adoption.

A. When a child in the custody of the Department of Human

Services becomes eligible for adoption and the child needs a

permanent placement, the Department shall notify and disseminate

information about the child to licensed child-placing agencies that

have requested in writing to receive such notice in order to locate

a possible prospective adoptive parent for the child.

B. Upon completion of an adoption specified in subsection A of

this section, the Department may provide reimbursement of expenses

incurred by the child-placing agency for recruiting, training and

conducting a home study for the adoptive parent.
Okla. Stat. tit. 10A, § 10A-1-7-102 — OK Code / Title 10A / Section 10A-1-7-102
Responsibility for deprived children
Status: in_force

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 192

A. It shall be the responsibility of the Department of Human

Services to provide care for deprived children who are committed to

the custody of the Department.

B. The Department shall provide for the care of such children

pursuant to Chapter IX of this Code.
Okla. Stat. tit. 10, § 10-1507.5 — OK Code / Title 10 / Section 10-1507.5
Renumbered as § 7302-2.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-21.1 — OK Code / Title 10 / Section 10-21.1
Renumbered as § 112.4 of Title 43 by Laws 2009, c. 233, §
Status: in_force

204, emerg. eff. May 21, 2009. Editorially renumbered as § 112.5 of

Title 43 to avoid duplication in numbering.
Okla. Stat. tit. 10, § 10-1130 — OK Code / Title 10 / Section 10-1130
Renumbered as § 7006-1.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-1-4-601 — OK Code / Title 10A / Section 10A-1-4-601
Adjudication hearing
Status: in_force

A. The court shall hold an adjudication hearing following the

filing of a petition alleging that a child is deprived. The hearing

shall be held not more than ninety (90) calendar days following the

filing of the petition. The child and the child’s parents,

guardian, or other legal custodian shall be entitled to not less

than twenty (20) days’ prior notice of the hearing.

B. 1. The child shall be released from emergency custody in

the event the adjudication hearing is delayed beyond ninety (90)

days from the date the petition is filed unless the court issues a

written order with findings of fact supporting a determination that:

a. there exists reasonable suspicion that the health,

safety, or welfare of the child would be in imminent

danger if the child were returned to the home, and

b. there exists either an exceptional circumstance to

support the continuance of the child in emergency

custody or the parties and the guardian ad litem, if

any, agree to such continuance.

2. If the adjudicatory hearing is delayed pursuant to this

subsection, the emergency custody order shall expire unless the

hearing on the merits of the petition is held within one hundred

eighty (180) days after the actual removal of the child.

C. The release of a child from emergency custody due to the

failure of an adjudication hearing being held within the time frame

prescribed by this section shall not deprive the court of

jurisdiction over the child and the parties or authority to enter

temporary orders the court deems necessary to provide for the

health, safety, and welfare of the child pending the hearing on the

petition.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 104

D. At the adjudication hearing, if the court finds that it is

in the best interest of the child, the court shall:

1. Accept a stipulation by the child’s parent, guardian, or

other legal custodian that the facts alleged in the petition are

true and correct;

2. Accept a stipulation by the child’s parent, guardian, or

other legal custodian that if the state presented its evidence

supporting the truth of the factual allegations in the petition to a

court of competent jurisdiction, such evidence would be sufficient

to meet the state’s burden of proving by a preponderance of the

evidence that the factual allegations are true and correct; or

3. Conduct a nonjury trial to determine whether the state has

met its burden of proving by a preponderance of the evidence that

the factual allegations in the petition are true and correct.

E. 1. A decision determining a child to be deprived in a

nonjury trial shall be based on sworn testimony.

2. The child, as a party to the proceeding, shall be given the

opportunity to cross-examine witnesses and to present a case in

chief if desired.
Okla. Stat. tit. 10, § 10-7303-8.1 — OK Code / Title 10 / Section 10-7303-8.1
Renumbered as § 2-2-801 of Title 10A by Laws 2009, c
Status: in_force

234, § 184, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-2-601 — OK Code / Title 10A / Section 10A-2-2-601
Appeals
Status: in_force

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 323

A. Any interested party aggrieved by any order or decree may

appeal to the Court of Criminal Appeals in the same manner as other

appeals are taken to the Court of Criminal Appeals of this state.

B. The record on appeal of an order of adjudication or of an

order certifying or denying certification of a juvenile to stand

trial as an adult shall be completed and the appeal perfected within

sixty (60) days after the date of the order.

C. The pendency of an appeal thus taken shall not suspend the

order of the district court regarding a child, nor shall it

discharge the child from the custody of that court or of the person,

institution or agency to whose care such child has been committed,

unless the Court of Criminal Appeals shall so order. The pendency

of an appeal from an order of adjudication shall not prevent the

district court from holding a dispositional hearing unless the

appellate court shall so order. The pendency of an appeal from an

order certifying a juvenile to stand trial as an adult shall not

prevent the commencement of criminal proceedings against the

juvenile unless stayed by the judge who issued the order of

certification or by the appellate court. If the Court of Criminal

Appeals does not dismiss the proceedings and discharge the child, it

shall affirm or modify the order of the district court and remand

the child to the jurisdiction of that court for supervision and

care; and thereafter the child shall be and remain under the

jurisdiction of the district court in the same manner as if such

court had made such order without an appeal having been taken.

D. In the opinions of the appellate courts of this state in

juvenile proceedings under the Oklahoma Juvenile Code, the initial

of the surname of the child shall be used rather than the surname of

the child.
Okla. Stat. tit. 10A, § 10A-1-4-304 — OK Code / Title 10A / Section 10A-1-4-304
Service of summons
Status: in_force

A. 1. Service of summons shall be made by personal delivery,

by mail, or by publication as provided for in civil actions pursuant

to Section 2004 of Title 12 of the Oklahoma Statutes or any

successor statute.

2. The court shall not hold the adjudication hearing until at

least forty-eight (48) hours after the service of summons.

3. If the parent or legal guardian is not served within the

state, the court shall not hold the hearing until at least five (5)

days after the date of mailing the summons.

4. The state shall conduct a distinct and meaningful search of

all reasonably available sources to locate and notify the parents

and legal guardians of proceedings being held pursuant to the

Oklahoma Children’s Code; provided, that a hearing shall not be

delayed if a parent or legal guardian cannot be located.

B. 1. Before service by publication is authorized, the state

shall file an affidavit with the court stating that after a distinct

and meaningful search of all reasonably available sources, the

parent or legal guardian of the child could not be identified or

located, as applicable, and describing the diligent efforts made to

identify, locate, and serve the party. The affidavit shall be

sufficient evidence of the diligence exercised by the state to

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 90

identify or locate a party who is the subject of the publication

notice. An affidavit prepared by the Department describing a

distinct and meaningful search of all reasonably available sources

to locate a party may be adopted by the state as evidence of

additional efforts made to locate or identify the party.

2. Upon complying with this subsection, the state may obtain an

order from the court authorizing service to be made upon the party

by publication. A copy of the petition and summons shall also be

mailed by regular first-class mail to the party at his or her last-

known place of residence. Service by publication is complete on the

date of the last publication in accordance with paragraph 3 of this

subsection.

3. The publication notice may be directed to all persons known,

alleged, presumed, or claiming to be the father, mother, or legal

guardian of the child. If the name of a party is unknown, the

notice shall be directed to the unknown father, mother, or legal

guardian, as applicable, and such notice, when published pursuant to

this subsection, shall apply to and be binding upon those persons

whose names are unknown. The notice shall contain the name of the

court and the case number, the initials of the child who is the

subject of the proceedings, the date and location of the birth of

the child, the name of the mother and father of the child, if known,

the time and date of the hearing, and the purpose of the hearing.

The notice shall also contain, in type at least as large as the

balance of the document, the following or substantially similar

language:

“FAILURE TO APPEAR AT THIS HEARING CONSTITUTES CONSENT TO THE

ADJUDICATION OF THIS CHILD AS A DEPRIVED CHILD AND MAY ULTIMATELY

RESULT IN LOSS OF CUSTODY OF THIS CHILD OR THE TERMINATION OF

PARENTAL RIGHTS TO THIS CHILD.”

An affidavit showing publication of the notice shall be filed

with the court clerk. The publication of notice shall be deemed

equivalent to personal service upon all persons, known or unknown,

who have been designated in the notice.

4. Service by publication shall be made by publishing a notice

one time at least twenty-five (25) days prior to the date fixed for

the hearing. Service shall be made in a newspaper authorized by law

to publish legal notices which is published in the county where the

petition is filed. If no newspaper authorized by law to publish

legal notices is published in the county, the notice shall be

published in some such newspaper of general circulation which is

published in an adjoining county.

C. Notice by publication may proceed simultaneously with

efforts to serve notice by personal delivery or by mail upon a

determination by the court that there is reason to believe service

by personal delivery or by mail will not be successful.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 91

D. Costs of publication shall be paid by the court fund and

assessed as costs against the child’s parents and legal guardian as

applicable.
Okla. Stat. tit. 10, § 10-7504-1.1 — OK Code / Title 10 / Section 10-7504-1.1
Medical and social history report
Status: in_force

A. 1. Except as otherwise provided by the Oklahoma Adoption

Code, before placing a minor for adoption, the Department of Human

Services or a child-placing agency shall compile a written medical

and social history report of the minor to be adopted, containing:

a. all of the information required in subsections B and C

of this section that is reasonably available from each

biological parent, from any person who has had legal

or physical custody of the minor, and from any other

relative, or other person or entity who can provide

information that cannot otherwise reasonably be

obtained from the biological parents or a person who

has had legal or physical custody of the minor,

b. a copy of all medical, dental and psychological

records of the minor obtained from anyone who has

provided medical, dental or psychological services to

the minor, and

c. a copy of all educational records of the minor.

2. If a minor is not being placed for adoption through the

Department or a child-placing agency, the attorney representing the

adoptive parent in the adoption proceedings shall compile the

report. If the adoptive parent is not represented by an attorney in

a direct placement adoption, the person placing the minor for

adoption shall compile the report.

Oklahoma Statutes - Title 10. Children Page 325

B. 1. The Department shall prescribe the form to be used to

record the medical history of the minor and the minor's biological

relatives. The Department shall furnish the forms to any child-

placing agency and to any person who is authorized to place a minor

for adoption or who provides services with respect to placements for

adoption.

2. The medical history form shall include, but is not limited

to:

a. a current medical and psychological history of the

minor, including information concerning:

(1) any prenatal, neonatal, medical, dental,

psychiatric or psychological diagnoses,

examinations or reports,

(2) any diseases, illnesses, accidents, allergies,

and congenital or birth defects,

(3) a record of any immunization and other health

care received,

(4) the minor's developmental history, including the

age at which the minor developed basic gross

motor, fine motor, language and cognitive skills,

(5) any behavioral problems the minor has exhibited,

(6) any physical, sexual or emotional abuse suffered

by the minor, and

(7) any other information necessary to determine the

child's eligibility for state or federal

benefits, including subsidies for adoption and

other financial, medical, or similar assistance,

and

b. relevant information concerning the medical and

psychological history of the minor's biological

parents and relatives, including information

concerning:

(1) the gynecologic and obstetric history of the

biological mother,

(2) the health of the biological mother during her

pregnancy with the minor,

(3) the consumption of drugs, medication or alcohol

by the biological father or the biological mother

at the time of conception and by the biological

mother during her pregnancy with the minor,

(4) the exposure of the biological mother to toxic

substances, fumes or occupational hazards during

her pregnancy that could affect the health of the

minor,

(5) whether the minor's biological mother and

biological father are related to each other and

to what degree,

Oklahoma Statutes - Title 10. Children Page 326

(6) any history of venereal disease afflicting either

biological parent,

(7) physical characteristics of the biological

parents, other children of either biological

parent, and the biological grandparents,

including age at the time of the minor's birth,

height, weight, color of eyes, hair, skin and

other information of a similar nature,

(8) unusual physical characteristics of any

biological parent, other children of either

biological parent, biological grandparents and

other biological relatives,

(9) potentially inheritable genetic, psychological,

or physical diseases, disorders, traits, or

tendencies of the biological parents, other

children of either biological parent, the

biological grandparents or other biological

relatives,

(10) allergies, diseases, illnesses, and other medical

history of biological parents, other children of

either biological parent, biological grandparents

and other biological relatives, including but not

limited to diabetes, high blood pressure,

alcoholism, heart disease, cancer, and epilepsy

or predisposition thereto,

(11) any addiction or predisposition to addiction to

drugs or alcohol by the biological parents, other

children of either biological parent, biological

grandparents or other biological relatives,

(12) if the death of either biological parent, other

children of either biological parent, or a

biological grandparent has occurred, the fact of

the death, the age of the decedent at the time of

death, and the cause, if known,

(13) the psychological history of the biological

parents, other children of either biological

parent, biological grandparents and other

biological relatives, including any psychiatric

or psychological evaluations, the date of the

evaluation, any diagnoses, and a summary of any

psychiatric or psychological findings or

treatment, and

(14) any other useful or unusual health-related

information that the biological parents or

relatives are willing to provide.

Oklahoma Statutes - Title 10. Children Page 327

C. The social history report regarding the minor to be adopted,

the biological parents, other children of either biological parent

and other biological relatives shall include, but is not limited to:

1. The educational history of the minor including, but not

limited to, the minor's enrollment and performance in school, the

results of educational testing, special educational needs of the

minor, if any, and the number of years of school completed at the

time of the adoption;

2. The age of the minor, the biological parents, other children

of either biological parent, and the biological grandparents at the

time of the adoption, and the gender of the other children of either

biological parent;

3. The circumstances leading to the adoption;

4. The heritage of the minor including, but not limited to, the

minor's nationality, ethnic background, tribal affiliation, if any,

and race;

5. The occupation of the biological parents and the biological

grandparents, but not specific titles or places of employment;

6. The talents, hobbies and special interests of the minor, the

biological parents, and the biological grandparents;

7. Nonidentifying information about the extended family of the

biological parents and biological grandparents;

8. The level of educational and vocational achievement of the

minor's biological parents and relatives and any noteworthy

accomplishments;

9. An account of the minor's past and existing relationship

with any individual with whom the minor has regularly lived or

visited;

10. A criminal conviction, judicial order terminating parental

rights, or other proceeding in which a biological parent of the

minor was alleged to have abused, neglected, abandoned or otherwise

mistreated the minor to be adopted, a sibling of the minor to be

adopted, or the other biological parent; and

11. A criminal conviction or delinquency adjudication of the

minor.

D. A report prepared pursuant to this section must indicate who

prepared the report.

E. 1. Whenever it is feasible, biological parents, legal or

physical custodians of the minor and other biological relatives

should be assisted in providing information for the medical and

social history report by trained professionals employed by the

Department or the licensed child-placing agency, by the attorney for

the adoptive parents or by trained professionals employed by the

attorney for the adoptive parent.

2. The Department or agency, attorney for the adoptive parent,

or person who prepares the medical and social history report shall

advise the biological parents, any other persons who submitted

Oklahoma Statutes - Title 10. Children Page 328

information for the report and the adoptive parent that additional

information about the adopted person, the biological parents, and

the adopted person's genetic history that becomes available may be

submitted to the Department, agency, attorney, or person who

prepared the report or if the location is known to them, to the

clerk of the court that issues the decree of adoption. Nothing in

this section shall require that the location of the court in which

the adoption action is filed be revealed to the biological parents,

biological relatives or other persons who submitted information for

the report, if the location is not otherwise known to them.

F. The court may request that a biological parent, a present or

former legal or physical custodian of the minor, a biological

relative, a school, or a medical, dental or psychological care

provider for the child supply the information or records required by

this section.

G. Information contained in a medical and social history report

compiled pursuant to this section shall not be used as evidence in

any criminal proceeding against the individual who furnished the

information. This is a use immunity and not a transactional

immunity.

H. 1. If the petitioner for the adoption of a minor is a

stepparent of the minor and the minor will remain in the custody of

one biological parent and the stepparent following the adoption,

only the medical and social history of the parent whose parental

rights are sought to be terminated and that parent's biological

relatives must be compiled in the medical and social history report.

2. If the petitioner for the adoption of a minor is related to

the child, only the medical and social history of the parent who is

not related to the petitioner and the biological relatives of such

parent must be completed in the medical and social history report.
Okla. Stat. tit. 10, § 10-1613 — OK Code / Title 10 / Section 10-1613
Renumbered as § 513 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-7304-1.4 — OK Code / Title 10 / Section 10-7304-1.4
Renumbered as § 2-3-104 of Title 10A by Laws 2009, c
Status: in_force

234, § 185, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-607 — OK Code / Title 10 / Section 10-607
Renumbered as § 7302-3.5 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.

Oklahoma Statutes - Title 10. Children Page 167
Okla. Stat. tit. 10, § 10-7003-5.5 — OK Code / Title 10 / Section 10-7003-5.5
Renumbered as § 1-4-706 of Title 10A by Laws 2009, c
Status: in_force

233, § 248, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1116.1 — OK Code / Title 10 / Section 10-1116.1
Renumbered as § 7003-5.6 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7700-610 — OK Code / Title 10 / Section 10-7700-610
Joinder of proceedings
Status: in_force

A. Except as otherwise provided in subsection B of this

section, a proceeding to adjudicate parentage may be joined with a

proceeding for adoption, termination of parental rights, child

custody or visitation, child support, dissolution of marriage,

annulment, legal separation, probate or administration of an estate,

or other appropriate proceeding.

B. A respondent may not join a proceeding described in

subsection A of this section with a proceeding to adjudicate

parentage brought under Section 601-101 et seq. of Title 43 of the

Oklahoma Statutes.
Okla. Stat. tit. 10, § 10-1135.1 — OK Code / Title 10 / Section 10-1135.1
Renumbered as § 7303-8.4 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.

Oklahoma Statutes - Title 10. Children Page 198
Okla. Stat. tit. 10, § 10-557.12 — OK Code / Title 10 / Section 10-557.12
Notice of birth to be filed with court – Court order
Status: in_force

A. Upon the birth of a child to a gestational carrier under a

validated gestational agreement, the intended parents shall file a

notice of the birth with the court not later than twenty-one (21)

days after the birth occurs.

B. Upon receiving notice of the birth, the court shall render

an order that:

1. Confirms that the intended parents are the child's parents;

2. If necessary, requires the gestational carrier and any

spouse of the gestational carrier if she is married to surrender the

child to the intended parents; and

3. If necessary, requires the state registrar of vital

statistics to issue a birth certificate naming the intended parents

as the child's sole parents.

C. If the intended parents fail to file the notice required by

subsection A of this section, the gestational carrier or an

appropriate state agency may file the notice required by that

Oklahoma Statutes - Title 10. Children Page 116

subsection. On a showing that an order validating the gestational

agreement was rendered in accordance with the Oklahoma Gestational

Agreement Act, the court shall order that the intended parents are

the child's parents and are financially responsible for the child.

D. If a person alleges that a child born to a gestational

carrier:

1. Did not result from assisted reproduction; or

2. Is a genetic child of the gestational carrier or the

gestational spouse, such that either the gestational carrier or the

gestational spouse made a genetic contribution to any gamete from

which the child was conceived or the embryo from which the child was

grown,

the court shall order that scientifically accepted parentage testing

in compliance with Oklahoma law be conducted to determine the

child's parentage. If the court determines that any of the

allegations in paragraph 1 or 2 of this subsection are true, the

Oklahoma Gestational Agreement Act shall not apply and the

parentage, rights and obligations of the parties and the child shall

be determined as otherwise provided by Oklahoma law. Any action

related to such allegations may only be brought within one hundred

eighty (180) days after the birth of the child and not afterward.

The preceding sentence shall be interpreted as a statute of repose

and not as a statute of limitations.
Okla. Stat. tit. 10, § 10-40.6 — OK Code / Title 10 / Section 10-40.6
Placement preference
Status: in_force

The placement preferences specified in 25 U.S.C. Section 1915,

shall apply to all preadjudicatory placements, as well as

preadoptive, adoptive and foster care placements. In all placements

of an Indian child by the Oklahoma Department of Human Services

(DHS), or by any person or other placement agency, DHS, the person

or placement agency shall utilize to the maximum extent possible the

services of the Indian tribe of the child in securing placement

consistent with the provisions of the Oklahoma Indian Child Welfare

Act. This requirement shall include cases where a consenting parent

evidences a desire for anonymity in the consent document executed

pursuant to Section 60.5 of this title. If a request for anonymity

is included in a parental consent document, the court shall give

weight to such desire in applying the preferences only after notice

is given to the child's tribe and the tribe is afforded twenty (20)

days to intervene and request a hearing on available tribal

placement resources which may protect parental confidentiality,

provided that notice of such hearing shall be given to the

consenting parent.
Okla. Stat. tit. 10A, § 10A-1-9-117 — OK Code / Title 10A / Section 10A-1-9-117
Allegations against employees of Department or child-
Status: in_force

placing agency by foster parent.

A. 1. A foster parent may report to the Office of Client

Advocacy within the State Department of Health an allegation that an

employee of the Department of Human Services or of a child-placing

agency has threatened the foster parent with removal of a child from

the foster parent, harassed or refused to place a child in a

licensed or certified foster home, or disrupted a child placement as

retaliation or discrimination towards a foster parent who has:

a. filed a grievance pursuant to Section 1-9-120 of this

title,

b. provided information to any state official or

Department of Human Services employee, or

c. testified, assisted, or otherwise participated in an

investigation, proceeding, or hearing against the

Department of Human Services or child-placing agency.

2. The provisions of this subsection shall not apply to any

complaint by a foster parent regarding the result of a criminal,

administrative, or civil proceeding for a violation of any law,

rule, or contract provision by that foster parent, or the action

taken by the Department of Human Services or a child-placing agency

in conformity with the result of any such proceeding.

3. A reporter shall not be relieved of the duty to report

incidents of alleged child abuse or neglect pursuant to the Oklahoma

Children's Code.

4. The Advocate General shall establish rules and procedures

for evaluating reports of complaints pursuant to paragraph 1 of this

subsection and for conducting an investigation of such reports.

B. 1. The Office of Client Advocacy shall prepare and maintain

written records from the reporting source that shall contain the

following information to the extent known at the time the report is

made:

a. the names and addresses of the child and the person

responsible for the child's welfare,

b. the nature of the complaint, and

c. the names of the persons or agencies responsible for

the allegations contained in the complaint.

2. Any investigation conducted by the Office of Client Advocacy

pursuant to such information shall not duplicate and shall be

separate from the investigation mandated by the Oklahoma Children's

Code or other investigation of the Department of Human Services

having notice and hearing requirements.

3. At the request of the reporter, the Office of Client

Advocacy shall keep the identity of the reporter strictly

confidential from the operation of the Department of Human Services,

until the State Commissioner of Health determines what

recommendations shall be made to the Director of the Department.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 245

C. The Commissioner and the Director shall ensure that a person

making a report in good faith under this section is not adversely

affected solely on the basis of having made such report.

D. Any person who knowingly and willfully makes a false or

frivolous report or complaint or a report that the person knows

lacks factual foundation, pursuant to the provisions of this

section, may be subject to loss of foster parent certification.
Okla. Stat. tit. 10, § 10-7302-3.8 — OK Code / Title 10 / Section 10-7302-3.8
Renumbered as § 2-7-308 of Title 10A by Laws 2009, c
Status: in_force

234, § 171, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7302-7.5 — OK Code / Title 10 / Section 10-7302-7.5
Renumbered as § 2-7-705 of Title 10A by Laws 2009, c
Status: in_force

234, § 175, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-412 — OK Code / Title 10 / Section 10-412
Manner and frequency of immunizations - Enforcement of
Status: in_force

act.

A. The immunizations required by this act, and the manner and

frequency of their administration, as prescribed by the State Board

of Health, shall conform to recognized standard medical practices in

this state. The State Department of Health shall supervise and

secure the enforcement of the required immunization program.

B. The Department of Human Services shall render reasonable

assistance to the State Department of Health in the enforcement of

the provisions of this act. This assistance shall be in the form of

revocation or denial of the license of any facility not in

compliance with this act.
Okla. Stat. tit. 10, § 10-1404 — OK Code / Title 10 / Section 10-1404
Renumbered as § 7004-1.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-7-603 — OK Code / Title 10A / Section 10A-2-7-603
Rules, policies and procedures required in
Status: in_force

facilities.

A. The Board of Juvenile Affairs shall promulgate written

rules, outline policies and procedures governing the operation of

those facilities operated by or through contract with the Office of

Juvenile Affairs wherein juveniles may be housed. Said policies and

procedures shall include, but not be limited to, standards of

cleanliness, temperature and lighting, availability of medical and

dental care, provision of food, furnishings, clothing and toilet

articles, supervision, appropriate and permissible use of

restriction and confinement, procedures for enforcing rules of

conduct consistent with due process of law and visitation

privileges.

B. The policies prescribed shall, at a minimum, ensure that:

1. A child shall not be punished by physical force, deprivation

of nutritious meals, deprivation of family visits or solitary

confinement;

2. A child shall have the opportunity to participate in

physical exercise each day;

3. A child shall be allowed daily access to showers and the

child's own clothing or individualized clothing which is clean.

When a child is participating in an outdoor adventure program that

takes the child away from the permanent facility, the child shall be

provided with the opportunity to wash with soap and water daily;

4. A child shall have constant access to writing materials and

may send mail without limitation, censorship or prior reading, and

may receive mail without prior reading, except that mail may be

opened in the presence of the child, without being read, to inspect

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 434

for contraband, as defined by Section 21 of Title 57 of the Oklahoma

Statutes or as otherwise defined by rules promulgated by the Board

of Juvenile Affairs, or to inspect for material harmful to minors,

as defined by Section 1040.75 of Title 21 of the Oklahoma Statutes.

Provided that, when based on legitimate facility interests of order

and security as determined by the facility superintendent, mail

addressed to a child or sent by a child may be read, censored, or

rejected, except that mail addressed to a child from the attorney of

the child or sent by the child to the attorney of said child shall

not be opened, censored, or withheld in any way. The child shall be

notified when incoming or outgoing mail is withheld in part or in

full;

5. A child shall have reasonable opportunity to communicate and

to visit with the child's family on a regular basis and to

communicate with persons in the community;

6. A child shall have immediate access to medical care as

needed and shall receive necessary behavioral health services;

7. A child in the custody or care of the Office of Juvenile

Affairs shall be provided access to education including teaching,

educational materials and books, provided, that such policies shall

provide emphasis upon basic literacy skills, including but not

limited to curricula requirements stressing reading, writing,

mathematics, science, vocational-technical education, and other

courses of instruction designed to assure that such children will be

capable of being assimilated into society as productive adults

capable of self-support and full participation;

8. A child shall have reasonable access to an attorney upon

request;

9. A child shall be afforded a grievance procedure, including

an appeal procedure;

10. The behavioral health needs and mental well-being of a

child will be met, protected and served through provision of

guidance, counseling and treatment programs, staffed by competent,

professionally qualified persons, serving under the supervision of

licensed psychologists, psychiatrists or licensed clinical social

workers as defined by the regulations of the State Board of Licensed

Social Workers; and

11. Upon leaving the custody of the Office of Juvenile Affairs,

a child shall be afforded a copy of the literacy progress section of

the individualized service plan developed for the child for

continued use at the next school placement of the child.

C. Any contract or agreement between the Office of Juvenile

Affairs and the Department of Mental Health and Substance Abuse

Services for the care and treatment of children in the custody of

the Office of Juvenile Affairs shall provide that the Department of

Mental Health and Substance Abuse Services shall comply with the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 435

provisions of subsections A and B of this section and the provisions

of Section 2-7-604 of this title.
Okla. Stat. tit. 10, § 10-1135.2 — OK Code / Title 10 / Section 10-1135.2
Renumbered as § 7004-1.4 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-1507.12 — OK Code / Title 10 / Section 10-1507.12
Renumbered as § 7302-7.3 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-601.80 — OK Code / Title 10 / Section 10-601.80
Short title - Family Support Accountability Act -
Status: in_force

Definitions.

A. This act shall be known and may be cited as the "Family

Support Accountability Act".

B. As used in the Family Support Accountability Act:

1. "Departments" means any state department or agency

implementing home-visiting programs; and

Oklahoma Statutes - Title 10. Children Page 163

2. "Home-visiting program" means a state-funded or state-

administered, standards-based program that:

a. is grounded in relevant, empirically based best

practices and knowledge that:

(1) has comprehensive home-visiting standards that

ensure high quality service delivery and

continuous quality improvement, and

(2) follows with fidelity a program manual or design

that specifies the purpose, outcomes, duration

and frequency of services that constitute the

program,

b. provides services to families of young children that

elect to participate,

c. utilizes a variety of culturally relevant,

developmentally appropriate strategies,

d. connects families to additional services that support

parents,

e. promotes child well-being and prevents adverse

childhood outcomes,

f. promotes parental competence, child health and

development by building long-term relationships with

families and optimizing the relationships between

parents and children in their home environments,

g. provides for the collection and analysis of data about

program performance and outcomes at the state

aggregate level, county aggregate level, provider

level and participant level, and

h. does not include:

(1) a one-time home visit or infrequent home visits

with no intention of long-term services, such as

a program that provides one home visit for all

newborn children,

(2) services delivered through an individualized

family service plan or an individualized

education program under Part B or Part C of the

federal government's Individuals with

Disabilities Education Act,

(3) services initiated by a report to the Department

of Human Services Child Welfare Services or by

court order, or

(4) programs in which home visiting is supplemental

to other services.
Okla. Stat. tit. 10, § 10-7503-3.1 — OK Code / Title 10 / Section 10-7503-3.1
Notice of plan for adoption
Status: in_force

A. 1. Before or after the birth of a minor born out of

wedlock, the Department of Human Services, a licensed child-placing

agency, or an attorney representing prospective adoptive parents of

the minor may, by in-hand service to the putative father or

certified mail to the putative father, to be signed by the putative

Oklahoma Statutes - Title 10. Children Page 319

father only, notify or cause to be notified a putative father of the

minor that the mother of the child is considering an adoptive

placement for the minor through a Notice of Plan for Adoption. If

service of the Notice of Plan for Adoption is made by in-hand

service, delivery of the Notice must be made by a person licensed to

make service of process in civil cases. Residence service delivered

to or signed by a person residing in the home of the putative father

or any other forms of substitute service shall not be sufficient

service pursuant to this subsection.

2. Service of a Notice of Plan for Adoption may be served in

the manner permitted in this subsection upon a putative father

within this state or outside of this state.

B. The Notice of Plan for Adoption shall include the following:

1. The identity of the mother, that she is pregnant and the

estimated date of birth, that the notified person may be the father

of the minor, and that a plan for the adoption of the minor is being

considered by the mother;

2. A preaddressed form for filing by mail or in person with the

Paternity Registry of the Department of Human Services and a copy to

be returned to the attorney or agency who sent it. On this form,

the recipient shall sign the form and indicate one of the following

choices:

a. "I do not know if I am the father of this minor. I

desire to receive notice of the adoption proceedings

or the proceeding to terminate parental rights. I

understand that this creates no evidence that could be

introduced in court to prove paternity. Its only

legal effect is to entitle me to notice, at the

address listed on the form, of an adoption proceeding

that may be filed after the birth of the minor."

b. "I hereby file my notice of intent to claim paternity.

I understand that a notice of intent to claim

paternity may be revoked at any time by filing a

notice to disclaim with the Paternity Registry of the

Department of Human Services. I also understand that

an unrevoked notice of intent to claim paternity may

be used as evidence in any future court proceeding in

which it may be relevant, including a child support

proceeding. I desire to receive notice of the

adoption proceeding or the proceeding to terminate

parental rights."

c. "I acknowledge paternity. I understand that this

acknowledgement of paternity cannot be revoked and may

be used as evidence in any future court proceeding in

which it may be relevant, including a child support

proceeding. I desire to receive notice of the

Oklahoma Statutes - Title 10. Children Page 320

adoption proceeding or the proceeding to terminate

parental rights."

d. "I deny paternity. I am not the father of the minor

and I do not want to receive notice of any adoption

proceeding, or proceeding to terminate my parental

rights regarding the minor. I understand that I am

waiving and surrendering any parental rights in

relation to the minor in connection with the adoption

of the minor. I understand that my consent to the

adoption will not be required."

e. "I may or may not be the father of the minor. I do

not want to receive notice of any adoption proceeding,

or proceeding to terminate my parental rights

regarding the minor. I understand that I am waiving

and surrendering any parental rights in relation to

the minor in connection with the adoption of the

minor. I understand that my consent to the adoption

will not be required."

3. In addition, the Notice of Plan for Adoption shall inform

the putative father that:

a. if the form is not received by the Department of Human

Services or the attorney or child-placing agency

sending it within thirty (30) days from the date that

the Notice of Plan for Adoption is served, the failure

to file the form shall constitute:

(1) a waiver of the right to receive further notice

of any adoption proceedings or proceedings to

terminate parental rights, if any, that may be

filed regarding the minor,

(2) a denial of interest in the minor, which denial

shall result in the court's termination of the

notified party's parental rights to the minor and

approval of an adoption without his consent if an

adoption proceeding is filed regarding the minor

and the adoption is approved by the court,

b. if the form is received by the Paternity Registry of

the Department of Human Services or the attorney or

child-placing agency sending it within thirty (30)

days of the date of service of the Notice of Plan for

Adoption, and it indicates that any of the options

specified in subparagraphs a, b and c of paragraph 2

of this subsection have been chosen, the notified

person shall have a right to receive notice of any

adoption proceedings or any termination of parental

rights proceedings that may be filed regarding the

minor, at the address given by the putative father on

the form, or at an address later provided to the

Oklahoma Statutes - Title 10. Children Page 321

Paternity Registry of the Department of Human

Services. The return of the form to the Paternity

Registry of the Department of Human Services or the

attorney or child-placing agency sending the form is

the only action by which the notified person will

retain the right, if any, to notice of adoption or

termination of parental rights proceedings regarding

the minor,

c. the filing of the enclosed form shall not, by itself,

constitute the bearing of parental responsibilities,

and shall not, by itself, establish parental rights,

d. the filing of the enclosed form or the failure to file

the enclosed form shall not affect the duty to support

the mother or child during the pregnancy or after the

delivery of the minor,

e. if a petition to adopt the minor is not filed within

twelve (12) months of the placement of the minor for

adoption, failure to mail the enclosed notice form

shall not affect the notified person's parental rights

and responsibilities,

f. the failure to give such notice shall not be grounds

available to the father to establish that he was

denied knowledge of the pregnancy, and

g. receipt by a putative father of a Notice of Plan for

Adoption or return of the form does not obligate the

mother of the minor to proceed with an adoptive

placement of the minor.

C. If the form is not received by the Paternity Registry of the

Department of Human Services, the attorney or child-placing agency

within thirty (30) days from the date that the Notice of Plan for

Adoption is served, the failure to file the form shall constitute:

1. A waiver of the right to receive further notice of any

adoption proceedings or proceedings to terminate parental rights, if

any, that may be filed regarding the minor; and

2. A denial of interest in the minor, which denial shall result

in the court's termination of the notified party's parental rights

to this minor and approval of an adoption without his consent if an

adoption proceeding is filed regarding this minor and the adoption

is approved by the court.

D. If the form is received by the Paternity Registry of the

Department of Human Services, or the attorney or child-placing

agency within thirty (30) days of the date of service of the Notice

of Plan for Adoption, and it indicates that any of the options

specified in subparagraphs a, b and c of paragraph 2 of subsection B

of this section have been chosen, the putative father shall have a

right to receive notice of any adoption proceedings or any

termination of parental rights proceedings that may be filed

Oklahoma Statutes - Title 10. Children Page 322

regarding the minor, at the address of the putative father given on

the form, or at an address later provided to the Paternity Registry

of the Department of Human Services. The return of the form to the

Paternity Registry of the Department of Human Services, or the

attorney or child-placing agency sending the form within thirty (30)

days is the only action by which the notified person will retain the

right, if any, to notice of adoption or termination of parental

rights proceedings regarding the minor.

E. The filing of the enclosed form shall not, by itself,

constitute the bearing of parental responsibilities, and shall not,

by itself, establish parental rights.

F. The filing of the enclosed form or the failure to file the

enclosed form shall not affect the duty to support the mother or

minor during the pregnancy or after the delivery of the minor.

G. If a petition to adopt the minor has not been filed within

twelve (12) months of placement of the minor for adoption, failure

to mail the enclosed notice form shall not affect the notified

person's parental rights and responsibilities.

H. The failure to give such notice shall not be grounds

available to the father to establish that he was denied knowledge of

the pregnancy.

I. Receipt by a putative father of a Notice of Plan for

Adoption or return of the form does not obligate the mother of the

minor to proceed with an adoptive placement of the minor.
Okla. Stat. tit. 10, § 10-1112 — OK Code / Title 10 / Section 10-1112
Renumbered as § 7303-4.3 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7700-509 — OK Code / Title 10 / Section 10-7700-509
Testing of deceased individual
Status: in_force

For good cause shown, the court may order genetic testing of a

deceased individual.
Okla. Stat. tit. 10A, § 10A-1-9-122 — OK Code / Title 10A / Section 10A-1-9-122
Supported guardianship program
Status: in_force

The Department of Human Services shall establish and administer

an ongoing program of supported guardianship to assist families

wishing to make a long-term commitment to a child by accepting

guardianship of the child. The supported guardianship program shall

enable the family to assume the parental role without ongoing

Department oversight but allow the family to return to the

Department for services as needed.
Okla. Stat. tit. 10, § 10-1120 — OK Code / Title 10 / Section 10-1120
Renumbered as § 7003-5.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-1-5-103 — OK Code / Title 10A / Section 10A-1-5-103
Time for filing petition - Briefing schedule –
Status: in_force

Priority basis expediting of adjudication.

A. All appeals of cases involving deprived or allegedly

deprived children, including termination of parental rights, shall

be initiated by filing a petition in error in the Supreme Court

within thirty (30) days of the order appealed from. The record on

appeal shall be completed within sixty (60) days from the date of

the order.

B. The briefing schedule is established as follows:

1. Appellant's brief in chief shall be filed twenty (20) days

after the trial court clerk notifies all parties that the record is

complete and such notice has been filed in the office of the Clerk

of the Supreme Court;

2. Appellee's answer brief shall be filed fifteen (15) days

after the appellant's brief in chief is filed; and

3. Appellant's reply brief may be filed within ten (10) days

after the appellee's answer brief is filed.

C. 1. Adjudication of the appeals described in this section

shall be expedited by the Supreme Court and a decision shall be

rendered on a priority basis in all cases.

2. The term “priority basis” as used in this section means that

a decision shall be filed within six (6) months from the date the

briefing is completed.
Okla. Stat. tit. 10A, § 10A-1-9-115 — OK Code / Title 10A / Section 10A-1-9-115
Foster parent associations - State agencies to
Status: in_force

cooperate and promote development.

The Department of Human Services shall cooperate with and shall

help promote development of foster parent associations in each

county in this state. The state agency shall provide foster parent

associations with data, information, and guidelines on the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 242

obligations, responsibilities, and opportunities of foster parenting

and shall keep the associations and their members apprised of

changes in laws and rules relevant to foster parenting.
Okla. Stat. tit. 10A, § 10A-1-4-303 — OK Code / Title 10A / Section 10A-1-4-303
Summons - Contents – Waiver of service
Status: in_force

A. 1. Upon the filing of the petition, the court shall

schedule a hearing and shall issue a summons requiring the parents,

legal guardian, custodian, the child if the child is twelve (12) or

more years of age, and any other persons the court determines to be

proper or necessary parties to the proceedings to appear personally

before the court at the date, time, and place stated in the summons.

The court may endorse upon the summons an order directing the

parent, guardian, custodian, or other person having the physical

custody or control of the child to bring the child to the hearing.

2. The summons shall be attached to a copy of the petition and

shall advise the parties of the right to counsel, including the

right of the child’s parent or legal guardian to court-appointed

counsel if indigent.

3. The summons shall state the relief requested, including

notice that child support may be ordered or modified and that the

child’s paternity, if at issue, may be established.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 89

4. The summons shall also contain, in type at least as large as

the balance of the document, the following or substantially similar

language: "FAILURE TO RESPOND TO THIS SUMMONS OR TO APPEAR AT THIS

HEARING CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD (OR

THESE CHILDREN) AS DEPRIVED CHILDREN AND MAY ULTIMATELY RESULT IN

LOSS OF CUSTODY OF THIS CHILD OR THE TERMINATION OF PARENTAL RIGHTS

TO THIS CHILD."

B. A party other than the child may waive service of summons in

writing or by voluntary appearance at the hearing. A child’s

counsel may waive service of summons on the child’s behalf.

C. If it subsequently appears that a person who should have

been served was not served and has not entered an appearance, the

court shall immediately order the issuance of a summons which shall

be served on the person.
Okla. Stat. tit. 10, § 10-557.4 — OK Code / Title 10 / Section 10-557.4
Gestational carrier - Qualifications
Status: in_force

A. In order to serve as a gestational carrier under a

gestational agreement, the gestational carrier must:

1. Be at least twenty-one (21) years of age at the time she

enters into the gestational agreement;

2. Have given birth to at least one child;

Oklahoma Statutes - Title 10. Children Page 108

3. Have been a resident of Oklahoma for at least ninety (90)

consecutive days immediately preceding the date she enters into the

gestational agreement, unless one or more intended parent has been a

resident of Oklahoma for at least ninety (90) consecutive days

immediately preceding the date the gestational carrier enters into

the agreement;

4. Have completed a physical medical evaluation relating to the

anticipated pregnancy; and

5. Have completed a mental health consultation.

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

gestational carrier agreement must have completed a mental health

consultation.
Okla. Stat. tit. 10A, § 10A-1-4-101 — OK Code / Title 10A / Section 10A-1-4-101
Jurisdiction – Venue – Residence of child – Transfer
Status: in_force

of proceedings.

A. 1. Upon the filing of a petition, the assumption of the

custody of a child, or issuance of an emergency custody order

pursuant to the provisions of the Oklahoma Children's Code, the

district court shall obtain jurisdiction over any child who is or is

alleged to be deprived. Jurisdiction shall also be obtained over

any parent, legal guardian, or custodian of and any other person

living in the home of such child who appears in court or has been

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 70

properly served with a summons pursuant to Section 1-4-304 of this

title.

2. When jurisdiction has been obtained over a child who is or

is alleged to be a deprived child:

a. such jurisdiction may be retained until the child

becomes eighteen (18) years of age,

b. the court may issue any temporary order or grant any

interlocutory relief authorized by this Code in an

emergency, regardless of whether another district

court within the county or state has prior or current

jurisdiction to determine the custody, support, or

visitation of the child,

c. all other action then pending or thereafter commenced

within the county or state that concerns the custody,

support, or visitation of the child shall be

automatically stayed unless after notice to the

parties in the deprived action, the written consent of

such court is obtained and filed in the other

proceeding; provided, a child's delinquency action

may, in the discretion of the court, proceed pursuant

to the Oklahoma Juvenile Code,

d. all orders entered in the deprived proceeding

concerning the custody, support, or visitation of a

child shall control over conflicting orders entered in

other actions until such time as the jurisdiction of

the court in the deprived proceeding terminates, and

e. the judge presiding over a deprived action shall have

the authority to make a final determination in the

matter and preside over any separate action necessary

to finalize a child's court-approved permanency plan

including an adoption, guardianship, or other custody

proceeding.

B. 1. Venue of any action involving a child alleged to be

deprived shall be in the county where:

a. the child resides, or has resided for six (6) months

preceding the filing,

b. the alleged acts of deprivation occurred, or

c. a parent or sibling has a deprived action pending.

If none of the locations listed in this paragraph are known, venue

may be in the county where the child is found.

2. A deprived action shall not be dismissed if filed in the

wrong venue, but shall be transferred to the proper venue upon

discovery of the proper venue, unless venue is waived by all parties

on the record.

3. Except as provided for in this subsection, a deprived action

commenced in a county outside of the residence of the child may be

transferred to the county of the child's residence at any stage in

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 71

the proceedings after the petition has been filed. The receiving

court shall continue with the proceedings as though the original

petition had been filed in that court.

a. When a petition or motion to terminate parental rights

has been filed, the case shall not be transferred

until the sending court has concluded the termination

proceeding.

b. Absent good cause to the contrary, a deprived action

shall be transferred to the county where other

proceedings are pending concerning custody of the

child or the child's siblings.

c. Prior to adjudication pursuant to Section 1-4-603 of

this title, a case may be transferred to a venue where

the evidence or witnesses are located when the

interests of justice or convenience of the parties so

require. Following adjudication, the receiving court

may transfer the case back to the county of the

child's legal residence as provided in this section.

4. For purposes of this section, the residence of the child

shall be the residence of the person who has the legal right to

physical custody of the child according to a prior court order or by

operation of law.

a. If there is no order determining the custody of the

child, the custodian of the child shall be:

(1) both parents where they reside together,

(2) the primary or actual physical custodial parent

where parents do not reside together, or

(3) the mother where paternity has or has not been

established.

b. The residence of a newborn child shall be deemed to be

the county where the child's mother legally resided at

the time of the child's birth.

c. When the child is in the permanent custody of a public

or private child care agency, the residence of the

child shall be the county in which the child resides

at the time when legal proceedings are initiated.

d. For purposes of transfer, the residence of the child

may be with the person that the court approves for

permanent placement.

5. The court may request the transfer of the case to another

county where the child resides.

a. Prior to transferring a case to another venue, the

court shall contact the judge in the other venue to

confirm that the judge in the other venue will accept

the transfer.

b. Upon written confirmation that transfer of venue is

accepted, the transferring judge shall enter the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 72

transfer order, and certified copies of all documents

of record with the clerk of the transferring court

shall be transmitted to the receiving court along with

the names and addresses of all parties entitled to

notice of any further proceedings.

c. Upon transfer of the case, the receiving court shall

set a hearing date for the parties that is not more

than thirty (30) days following the date upon which

the change of venue has occurred.
Okla. Stat. tit. 10, § 10-7700-602 — OK Code / Title 10 / Section 10-7700-602
Standing to maintain proceeding
Status: in_force

Subject to Article 3 of the Uniform Parentage Act and Sections

40 and 42 of this act, a proceeding to adjudicate parentage may be

maintained by:

1. The child;

2. The mother of the child;

3. A man whose paternity of the child is to be adjudicated;

4. The Department of Human Services; or

5. A representative authorized by law to act for an individual

who would otherwise be entitled to maintain a proceeding but who is

deceased, incapacitated, or a minor.
Okla. Stat. tit. 10A, § 10A-1-8-111 — OK Code / Title 10A / Section 10A-1-8-111
Annual credit report for youth in custody
Status: in_force

A. The Department of Human Services shall provide each youth in

its custody fourteen (14) years and older an annual credit report.

The Department shall inform the court with jurisdiction over the

youth of any inaccuracies in a credit report displaying evidence of

identity theft or any other activity fraudulently made on behalf of

the youth in custody. The Department may implement the requirements

of this section in stages beginning with youth in the independent

living program whose credit rating may inhibit employment and

housing opportunities when the child is no longer in custody.

B. Within one (1) year of November 1, 2014, the Department of

Human Services shall submit annual reports on the implementation of

the provisions of this section to the Chair and Vice Chair of the

Senate Health and Human Services Committee and the Chair and Vice

Chair of the House Human Services Committee. Such reports shall

include, but not be limited to, the number of youths in the

Department's custody receiving credit score reports, the frequency

of such reports and administrative issues faced by the Department in

the implementation of this section. Such reports shall continue to

be issued by the Department until November 1, 2018.
Okla. Stat. tit. 10, § 10-1507.8 — OK Code / Title 10 / Section 10-1507.8
Renumbered as § 7302-6.8 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7700-203 — OK Code / Title 10 / Section 10-7700-203
Application of established parent-child relationship
Status: in_force

Unless parental rights are terminated, a parent-child

relationship established under the Uniform Parentage Act applies for

all purposes, except as otherwise provided by the laws of this

state.
Okla. Stat. tit. 10A, § 10A-2-8-104 — OK Code / Title 10A / Section 10A-2-8-104
Application register - Criteria for qualifying -
Status: in_force

Court order.

A. When a person meets the definition of a juvenile sex

offender pursuant to Section 2-8-102 of this title, the district

attorney may make an application to include the juvenile in the

juvenile sex offender registry. Upon the application of the

district attorney, the court shall appoint two persons who are

qualified sex offender treatment professionals to evaluate the

juvenile and report to the court on the treatment prognosis and

likelihood that the juvenile offender represents an ongoing serious

or aggressive threat to the public or children under sixteen (16)

years of age. One appointee shall be currently licensed as a

physician or psychologist in Oklahoma with a minimum of two hundred

(200) hours of clinical experience in juvenile sex offender

treatment. Other criteria for qualifying as a sex offender

treatment professional shall include, but not be limited to, current

licensure as a medical or mental health professional with a minimum

of two hundred (200) hours of clinical experience in juvenile sex

offender treatment, or current licensure as a medical or mental

health professional with a minimum of two (2) years’ combined

clinical experience in child abuse treatment, child or adolescent

anger management treatment, juvenile delinquency or criminal

behavior treatment, sexual abuse treatment, child or adolescent

psychology, or therapeutic social work. A list of sex offender

treatment professionals meeting the established criteria shall be

provided to each district court by the Office of Juvenile Affairs.

Where professionals are appointed to conduct an evaluation in such

cases, the court may set reasonable compensation and order the

payment out of the court fund. In the event two qualified sex

offender treatment professionals are not available to the court to

evaluate the juvenile sex offender, the Office of Juvenile Affairs

may, at the court’s request, select additional qualified sex

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 460

offender treatment professionals employed by the agency to assist

with the evaluation report.

B. The court shall, after consideration of the evaluation

report required by subsection A of this section, make a finding of

whether the juvenile offender represents an ongoing serious or

aggressive threat to the public or children under sixteen (16) years

of age. If the court finds the juvenile represents such threat, the

court shall order the juvenile to register on the juvenile sex

offender registry as provided in this act.

C. The court, in its discretion, may order information on any

juvenile sex offender released from the juvenile sex offender

registry to any person or to the public at large when the evaluation

report considered by the court indicates a likelihood of an ongoing

serious or aggressive threat to the public or children under sixteen

(16) years of age. If the court orders release of this information

to the public at large, it shall promptly be made available for

public inspection or copying pursuant to rules promulgated by the

Office of Juvenile Affairs. If the court orders the release of this

information through community notification, the notification shall

be carried out by the local law enforcement authority applicable to

the person’s residence.

D. The court may review the treatment prognosis of any

registered juvenile sex offender at any time and may, in its

discretion, order release of additional information from the

juvenile sex offender registry, as deemed appropriate for the

protection of the public.
Okla. Stat. tit. 10A, § 10A-1-7-115 — OK Code / Title 10A / Section 10A-1-7-115
Emergency placement home - Criminal records check
Status: in_force

A. When it is necessary for a child to be removed from the home

due to allegations of child abuse or neglect, the Department of

Human Services may consider whether another home would be suitable

for the child as an emergency placement pending further court

proceedings. In determining the suitability of the emergency

placement home, the Department may elect to contract or otherwise

collaborate with law enforcement agencies to perform a name-based

state and federal criminal history records check followed by

fingerprint verification in accordance with the procedures set forth

in 28 C.F.R., Section 901 et seq., and this section.

B. When a child is taken into protective custody by a law

enforcement officer or when the court places emergency custody of a

child with the Department pursuant to the provisions of the Oklahoma

Children’s Code and an emergency placement for the child is

identified, a preliminary Federal Bureau of Investigation Interstate

Identification Index name-based check of the records of criminal

history of the members of the emergency placement household shall be

conducted prior to the placement of the child in the home.

1. When a child is in the emergency custody of the Department,

the Department or its approved designee may conduct a preliminary

name-based check of certain records including full orders of

protection and outstanding warrants, of each person over the age of

eighteen (18) years residing in the identified potential emergency

placement home where the child may be placed to determine whether

any adult member of the household has been arrested for or convicted

of any crime.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 206

2. When the child is in protective custody of law enforcement

or when requested by the Department or its approved designee, a law

enforcement agency shall immediately conduct the same type of

criminal records search as described in paragraph 1 of this

subsection and shall provide the Department with a verbal response

of each person’s criminal history and whether any orders of

protection or outstanding warrants exist.

C. 1. Following a name-based criminal records check conducted

pursuant to this section, and within five (5) business days

immediately after the child has entered the emergency placement

home, all persons residing in the home who are over the age of

eighteen (18) years and those persons who are under the age of

eighteen (18) years and have been certified as an adult for the

commission of a crime, shall submit a full set of fingerprints to

the Department and provide written permission authorizing the

Department to forward the fingerprints to the Oklahoma State Bureau

of Investigation for submission to the Federal Bureau of

Investigation for criminal records report.

2. The Department shall forward the fingerprints to the

Oklahoma State Bureau of Investigation within fifteen (15) calendar

days after the results of the preliminary Federal Bureau of

Investigation Interstate Identification Index name-based records

check are received. The failure of any person to submit to a

fingerprint-based criminal records check within five (5) business

days immediately after emergency placement of the child shall result

in the immediate removal of the child from the emergency placement

home.

D. The costs associated with fingerprinting requirements of

this section shall be paid by the Department.
Okla. Stat. tit. 10A, § 10A-1-4-909 — OK Code / Title 10A / Section 10A-1-4-909
Application by child to reinstate parental rights
Status: in_force

A. A child may, by application, request the court to reinstate

the previously terminated parental rights of his or her parent under

the following circumstances:

1. The child was previously found to be a deprived child;

2. The parent's rights were terminated in a proceeding under

this title;

3. At least three (3) years have passed since the final order

of termination of parental rights and:

a. the child has not achieved his or her permanency plan,

b. a permanency plan of adoption has failed, or

c. a permanency plan of guardianship has failed; and

4. The child is at least fourteen (14) years old at the time

the application is filed.

B. A child shall be represented during the proceeding and shall

be provided independent counsel.

C. The application shall be signed by the child as well as the

child's attorney.

D. If, after a preliminary hearing to consider the parent's

apparent fitness and interest in reinstatement of parental rights,

the court finds by a preponderance of the evidence that the best

interests of the child may be served by reinstatement of parental

rights, the court shall order that a hearing on the merits of the

motion be held.

E. The court shall cause prior notice to be given to the

Department of Human Services, the child's attorney, and the child.

The court shall also order the Department or the child's attorney to

give prior notice of any hearing to:

1. The former parent of the child whose parental rights are the

subject of the application;

2. The current foster parent or relative guardian of the child;

3. The guardian ad litem of the child, if any; and

4. The child's tribe, if applicable.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 169

F. The application of the child shall be dismissed if the

parent cannot be located.

G. The court shall conditionally grant the application if it

finds by clear and convincing evidence that the child has not and is

not likely to imminently achieve his or her permanency plan and that

reinstatement of parental rights is in the child's best interest.

In determining whether reinstatement is in the child's best

interest, the court shall consider, but is not limited to, the

following:

1. Whether the parent whose rights are to be reinstated is a

fit parent and has remedied the conditions as provided in the record

of the prior termination proceedings and prior termination order;

2. The age and maturity of the child, and the ability of the

child to express his or her preference;

3. Whether the reinstatement of parental rights will present a

risk to the health, safety, or welfare of the child; and

4. Other material changes in circumstances, if any, that may

have occurred which warrant the granting of the application.

H. In determining whether the child has or has not achieved his

or her permanency plan, the Department shall provide the court, and

the court shall review, information related to any efforts to

achieve the permanency plan including efforts to achieve adoption or

a permanent guardianship.

I. 1. If the court conditionally grants the application under

subsection G of this section, the case shall be continued for six

(6) months and a temporary order of reinstatement of parental rights

entered. During this period, the child shall be placed in the

custody of the parent. The Department shall develop a permanency

plan for the child reflecting the plan to be reunification and shall

provide or ensure that transition services are provided to the

family as appropriate.

2. If the child must be removed from the parent due to abuse or

neglect allegations prior to the expiration of the conditional six-

month period, the court shall dismiss the application for

reinstatement of parental rights if the court finds the allegations

have been proven by a preponderance of the evidence.

J. The court shall hold a hearing after the child has been

placed with the parent for six (6) months. If the placement with

the parent has been successful, the court shall enter a final order

of reinstatement of parental rights, which shall restore all rights,

powers, privileges, immunities, duties, and obligations of the

parent to the child, including those relating to custody, control,

and support of the child. The court shall close the deprived action

and direct the court clerk's office to provide a certified copy of

the final order of reinstatement of parental rights to the parent at

no cost.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 170

K. A proceeding to reinstate parental rights is a separate

action from the termination of parental rights proceeding and does

not vacate the original termination of parental rights. An order

granted under this section reinstates the parental rights to the

child and acknowledges that the conditions of the parent and child

have changed since the time of the termination of parental rights

and that reunification is now appropriate.

L. This section is retroactive and shall apply to:

1. Any child who is under the jurisdiction of the district

court as a deprived child at the time of the hearing to reinstate

parental rights regardless of the date when parental rights were

terminated;

2. The sibling group of a child when, at the discretion of the

court, parental rights to one child of the sibling group have been

reinstated; and

3. The child of a failed permanency plan of adoption or

guardianship when parental rights of the parents of the child were

terminated for three (3) or more years at the time of the

application of the child to reinstate parental rights.

M. The district attorney, the Department, and its employees are

not liable for civil damages resulting from any act or omission in

providing services under this section unless the act or omission

constitutes gross negligence. This section does not create any duty

and shall not be construed to create a duty where none exists. This

section does not create a cause of action against the district

attorney, the Department, or its employees concerning the original

order of termination of parental rights.
Okla. Stat. tit. 10, § 10-1143 — OK Code / Title 10 / Section 10-1143
Renumbered as § 7303-8.6 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7306-3.1 — OK Code / Title 10 / Section 10-7306-3.1
Renumbered as § 2-5-301 of Title 10A by Laws 2009, c
Status: in_force

234, § 189, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 10. Children Page 294
Okla. Stat. tit. 10A, § 10A-2-2-105 — OK Code / Title 10A / Section 10A-2-2-105
Order removing child from home prohibited absent
Status: in_force

certain determinations.

No order of the court providing for the initial or continued

removal of a child alleged or adjudicated delinquent or in need of

supervision from the child’s home shall be entered unless the court

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 285

finds that the continuation of the child in the home of the child is

contrary to the welfare of the child. The order shall include

either:

1. A determination as to whether or not reasonable efforts have

been made to prevent the need for the removal of the child from the

home or, as appropriate, reasonable efforts have been made to

provide for the return of the child to the home; or

2. A determination as to whether or not an absence of efforts

to prevent the removal of the child from the home is reasonable upon

consideration of the family circumstances, the safety of the child

and the protection of the public; or

3. A determination that reasonable efforts to prevent the

removal of the child from the home or to reunify the child and

family are not required because:

a. a court of competent jurisdiction has determined that

the parent has subjected the child to one of the

following aggravated circumstances: abandonment,

torture, chronic abuse, sexual abuse or chronic, life-

threatening neglect of the child,

b. a court of competent jurisdiction has determined that

the parent has been convicted of one of the following:

(1) murder of another child of the parent,

(2) voluntary manslaughter of another child of the

parent,

(3) aiding or abetting, attempting, conspiring, or

soliciting to commit such a murder or such a

voluntary manslaughter, or

(4) a felony assault that results in serious bodily

injury to the child or another child of the

parent, or

c. the parental rights of the parent with respect to a

sibling have been terminated involuntarily.
Okla. Stat. tit. 10, § 10-60.27 — OK Code / Title 10 / Section 10-60.27
Renumbered as § 7510-1.3 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-1507.17 — OK Code / Title 10 / Section 10-1507.17
Renumbered as § 7306-2.3 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-22.1 — OK Code / Title 10 / Section 10-22.1
Legislative findings and intent – Foster care by
Status: in_force

grandparents or other relative.

A. The Oklahoma Legislature recognizes that:

1. Children who have been abused, who are dependent or

neglected, or whose parents, for whatever reason, may be unable or

unwilling to provide care for their children, are best served when

they can be cared for by grandparents or other suitable relatives

instead of placing those children in foster care with the State of

Oklahoma; and

2. While grandparents or other relatives are often willing to

provide for the care of children who can no longer remain with their

parents, there may exist financial obstacles to the provision of

such care, or there may be a need for other services to enable the

children to remain with their grandparents or other relatives in

order to prevent the entry of those children into the foster care

system.

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

this section to:

1. Recognize family relationships in which a grandparent or

other relative within the third degree of relationship to the child

is the head of a household that includes a child otherwise at risk

of foster care placement by the Department of Human Services;

2. Enhance family preservation and stability by recognizing

that most children in placements with grandparents and other

relatives within the third degree of relationship to the child do

not need intensive supervision of the placement by the courts or by

the Department;

Oklahoma Statutes - Title 10. Children Page 30

3. Provide additional placement options and incentives that

will achieve permanency and stability for many children who are

otherwise at risk of foster care placement by the Department because

of abuse, abandonment, or neglect, but who may successfully be able

to reside in the care of relatives within the third degree of

relationship to the child; and

4. Reserve the limited casework and supervisory resources of

the Department and the courts expended to care for children in state

custody for those cases in which children do not have the option for

safe, stable care within their immediate family.

C. The Department of Human Services shall establish and operate

a relative support program pursuant to eligibility guidelines

established in this section and by rules of the Department

promulgated thereto which will divert children from the foster care

program operated by the Department. The relative support program

shall provide assistance to relatives within the third degree of

relationship to a child who are caring for the child on a full-time

basis, regardless of whether there is a court order granting custody

of the child to the relative.

D. Grandparents or other such relatives who qualify for and

participate in the relative support program are not required to be

certified as foster parents or to meet the foster care requirements

but shall be capable of providing a physically safe environment and

a stable, supportive home for the children under their care.

E. Upon request by grandparents or other relatives who are

caring for a child on a full-time basis, the Department shall

complete a needs assessment on such grandparents or other relatives

to determine the appropriate services and support needed by the

child and the grandparents or other such relatives.

F. Within available funding specified by this section, the

relative support program may provide grandparents or other suitable

relatives with:

1. Case management services;

2. Monthly stipends or other financial assistance, family

support and preservation services;

3. Flexible funds to enable the grandparents or other relatives

to meet unusual or crisis expenditures, including but not limited

to, making housing deposits, utility deposits, or to purchase beds,

clothing and food;

4. Subsidized child care and after school care;

5. Respite care;

6. Transportation;

7. Counseling;

8. Support groups;

9. Assistance in accessing parental child support payments;

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

public benefits;

Oklahoma Statutes - Title 10. Children Page 31

11. Information about legal options for relative caregivers;

12. Assistance for establishing a relative guardianship or

relative custodianship for the child;

13. Available volunteer attorney services;

14. Mediation/family group conferencing; and

15. Community-based services and state or federal programs

available to the child and relatives to support the child's safety,

growth and health development.

G. Children living with grandparents or other relatives within

the third degree of relationship to the child who are receiving

assistance pursuant to this section shall be eligible for Medicaid

coverage.

H. Subject to availability of funding, and as may be permitted

by federal law or regulations governing the Department of Human

Services' block grant for Temporary Assistance for Needy Families

(TANF), the Department is specifically authorized to provide funding

assistance from such block grant or other available funds for the

development and operation of the relative support program by

providing available funds which are not otherwise committed to or

necessary for the provision of the Statewide Temporary Assistance

Responsibility System. In addition, the Department may use any

other state, federal or private funds available to the Department

for such purposes to implement the provisions of this section.

I. 1. In order to qualify for the receipt of any monthly

stipend, the grandparent or other relative shall meet any

eligibility criteria determined by the Department of Human Services.

2. Within limits of available funding, monthly stipends may be

paid to grandparents or other relatives with the third degree of

relationship to the child who have physical full-time custody of a

child who would be unable to serve in that capacity without a

monthly stipend because of inadequate financial resources, thus

exposing the child to the trauma of potential placement in a shelter

or in foster care placement by the Department of Human Services.

The statewide average monthly rate for children in the legal custody

of grandparents or other relatives who are not certified as foster

homes shall not exceed the cost of providing foster care.

J. Additional assistance may be made available to qualified

grandparents or other relatives within the third degree of

relationship and children, based upon specific needs of the

grandparent or other relative of the child and the specific needs of

the child. Such assistance shall also be subject to available

funding.

K. The relative support program established by the Department

pursuant to this section may receive referrals from district courts

of this state, from social service or child advocate agencies, from

any other agency of this state, or other states or federal programs.

In addition, the relative support program may be accessed directly

Oklahoma Statutes - Title 10. Children Page 32

by the grandparents or other relatives of the affected children by

application made to the Department of Human Services.

L. 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.

M. The provisions of this section shall also be available to a

legal guardian of a child who is within the fifth degree of relation

to the child.

N. The Department of Human Services shall, pursuant to the

provisions of the Administrative Procedures Act, promulgate any

rules necessary to implement the provisions of this section.

O. As a part of the relative support program, the Department

shall develop, publish, and distribute an informational brochure for

grandparents and other relatives 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 available to children and grandparents or other

relatives pursuant to this section providing full-time care;

2. The procedures to access the relative support program;

3. A list of support groups and resources located throughout

the state;

4. Such other information deemed necessary by the Department;

and

5. The brochure may be distributed through municipal and

district courts, hospitals, public health nurses, child protective

services, medical professional offices, county health departments,

elementary and secondary schools, senior citizens centers, public

libraries, local, city, county and state offices and community

action agencies selected by the Department.

P. The Department of Human Services shall submit a report of

the outcomes associated with the relative support program

established pursuant to this section to the Speaker of the Oklahoma

House of Representatives and the President Pro Tempore of the State

Senate on or before January 15, 2002.
Okla. Stat. tit. 10, § 10-7004-3.1 — OK Code / Title 10 / Section 10-7004-3.1
Renumbered as § 1-9-111 of Title 10A by Laws 2009, c
Status: in_force

233, § 303, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7111 — OK Code / Title 10 / Section 10-7111
Renumbered as § 1-2-108 of Title 10A by Laws 2009, c
Status: in_force

233, § 219, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7002-1.2 — OK Code / Title 10 / Section 10-7002-1.2
Renumbered as § 1-4-102 of Title 10A by Laws 2009, c
Status: in_force

233, § 225, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7306-2.5 — OK Code / Title 10 / Section 10-7306-2.5
Renumbered as § 2-5-205 of Title 10A by Laws 2009, c. 234, § 188, emerg. eff. May
Status: in_force

Oklahoma Statutes - Title 10. Children Page 25234, § 188, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-116g — OK Code / Title 10 / Section 10-116g
Salaries in counties of over 200,000
Status: in_force

In counties having more than two hundred thousand (200,000)

population according to the 1960 or any succeeding Federal Decennial

Census, all salaries above set forth shall be paid one-half (1/2)

Oklahoma Statutes - Title 10. Children Page 56

out of the court fund and one-half (1/2) out of the general fund of

such counties.
Okla. Stat. tit. 10A, § 10A-1-4-807.1 — OK Code / Title 10A / Section 10A-1-4-807.1
Emergency hearings
Status: in_force

A. Once a child is the subject of a deprived child proceeding,

any party may file a verified application for an emergency hearing

that demonstrates harm or threatened harm to the health, safety or

welfare of that child. Upon receipt of the application for

emergency hearing, the court shall have seventy-two (72) hours to

conduct a hearing. If the court fails to conduct a hearing within

that time, the movant may present the application for emergency

hearing to the presiding judge or the presiding juvenile judge of

the judicial district who shall conduct an emergency hearing within

twenty-four (24) hours of receipt of the application.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 143

B. Nothing in this section shall prohibit a court from issuing

an emergency order sua sponte to protect the health, safety and

welfare of a child subject to a deprived child proceeding in

juvenile court pending hearing on the application.

C. If the court finds that any relevant information provided to

the court upon which the court relied to make its emergency order

decision to be false, the court shall assess against the movant all

costs, attorney fees and other expenses incurred as a result of the

emergency hearing. The movant shall pay all such costs, fees and

expenses within thirty (30) days. Failure to make this payment

shall be grounds for contempt, punishable by six (6) months in the

county jail, a fine not to exceed One Thousand Dollars ($1,000.00),

or by both imprisonment and fine.
Okla. Stat. tit. 10, § 10-1115.2 — OK Code / Title 10 / Section 10-1115.2
Renumbered as § 7003-5.4 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-1505a — OK Code / Title 10 / Section 10-1505a
Assistant juvenile officer in certain counties
Status: in_force

In every county of the state having a population of more than

twenty-four thousand (24,000), but less than forty thousand

(40,000), and having located within it a city with a population of

not less than twenty thousand (20,000), according to the latest

Federal Decennial Census, in which county there is employed a

juvenile officer, an assistant juvenile officer may be appointed by

order of the associate district judge with the consent of the chief

judge of the judicial district in which said county is located. The

assistant so appointed may receive as his annual compensation the

sum of not more than Six Thousand Dollars ($6,000.00), payable

monthly; provided, however, no part of said salary or salaries shall

be paid out of the court fund, or from state appropriated funds; and

provided further, that such salary may be set by order of said chief

judge upon concurrence of a majority of the county commissioners of

such county.