Okla. Stat. tit. 10, § 10-701 — OK Code / Title 10 / Section 10-701
Statutory form for power of attorney to delegate parental
Status: in_force

or legal custodian powers.

A. The following statutory form of power of attorney to

delegate parental or legal authority as authorized by Section 1 of

this act is legally sufficient:

Statutory Form for Power of Attorney to Delegate Parental or Legal

Custodian Powers

1. "I certify that I am the parent or legal custodian of:

_____________________________________ ___________________________

(Full name of minor child) (Date of birth)

_____________________________________ ___________________________

(Full name of minor child) (Date of birth)

_____________________________________ ___________________________

(Full name of minor child) (Date of birth)

(minor child(ren))."

2. "I designate

___________________________________________________,

(Full name of Attorney-in-fact)

___________________________________________________________________,

(Street address, city, state and zip code of Attorney-in-fact)

_________________________________ _________________________________

(Home phone of Attorney-in-fact) (Work phone of Attorney-in-fact)

as the attorney-in-fact of each minor child named above."

3. _______"I delegate to the attorney-in-fact all of my power

and authority regarding the care, custody and property of each minor

child named above, including but not limited to the right to enroll

the child in school, inspect and obtain copies of education records

and other records concerning the child, the right to attend school

activities and other functions concerning the child, and the right

to give or withhold any consent or waiver with respect to school

Oklahoma Statutes - Title 10. Children Page 178

activities, medical and dental treatment, and any other activity,

function or treatment that may concern the child. This delegation

shall not include the power or authority to consent to marriage or

adoption of the child, the performance or inducement of an abortion

on or for the child, or the termination of parental rights to the

child." or

4. _______"I delegate to the attorney-in-fact the following

specific powers and responsibilities (write in):

____________________________________________________________________

This delegation shall not include the power or authority to consent

to marriage or adoption of the child, the performance or inducement

of an abortion on or for the child, or the termination of parental

rights to the child."

5. "This power of attorney is effective for a period not to

exceed one year, beginning _______________, 20__, and ending

______________, 20__. I reserve the right to revoke this authority

at any time."

By:__________________________________

(Parent/Legal Custodian signature)

6. "I hereby accept my designation as attorney-in-fact for

____________________________________________________________________

(Minor child(ren)) as specified in this power of attorney."

_______________________________

(Attorney-in-fact signature)

State of ____________

County of ___________

ACKNOWLEDGEMENT

Before me, the undersigned, a Notary Public, in and for said

County and State on this _____ day of ___________________, 20__,

personally appeared _____________________________ (Name of

Parent/Legal Custodian) and ___________________________ (Name of

Attorney-in-fact), to me known to be the identical persons who

executed this instrument and acknowledged to me that each executed

the same as his or her free and voluntary act and deed for the uses

and purposes set forth in the instrument.

Witness my hand and official seal the day and year above written.

_______________________________

(Signature of notarial officer)

(Seal, if any)

______________________________

(Title and Rank)

My commission expires: ___________

B. The power of attorney is legally sufficient under this act,

if the wording of the form complies substantially with subsection A

of this section, the form is properly completed, and the signatures

of the parties are acknowledged.
Okla. Stat. tit. 10, § 10-7007-1.8 — OK Code / Title 10 / Section 10-7007-1.8
Purposes - Report
Status: in_force

A. The purposes of the Judicial Coordination Advisory Study

Panel shall be to develop a comprehensive plan for court systems

throughout Oklahoma to apply for federal funds authorized in the

Strengthening Abuse and Neglect Courts Act of 2000, which provides:

1. Competitive grant funding for automated case tracking

systems;

2. Competitive grant funding for backlogged abuse and neglect

cases; and

3. Competitive grant funding for expansion of court-appointed

special advocates (CASA) in underserved areas.

B. The duties of the Study Panel shall include, but not be

limited to:

1. Providing information concerning federal grant application;

Oklahoma Statutes - Title 10. Children Page 280

2. Developing a process by which court systems can apply for

federal grant funding;

3. Identifying interested court systems applying for such

federal funding;

4. Monitoring the progress of court systems applications for

federal grant funding; and

5. Documenting federal grant funding awards made to court

systems in Oklahoma.

C. The Judicial Coordination Advisory Study Panel shall issue a

report concerning the comprehensive plan developed, and a listing of

the court systems in Oklahoma awarded federal funding, pursuant to

the Strengthening Abuse and Neglect Courts Act of 2000, to the

Legislature and the Governor on or before February 15, 2002.
Okla. Stat. tit. 10, § 10-7700-902 — OK Code / Title 10 / Section 10-7700-902
Governance of act
Status: in_force

A proceeding to adjudicate parentage or an acknowledgment of

paternity which was commenced or executed before November 1, 2006,

is governed by the Uniform Parentage Act.
Okla. Stat. tit. 10, § 10-1413 — OK Code / Title 10 / Section 10-1413
Transfer of pupils
Status: in_force

The Commission is authorized to transfer any pupil or pupils

from any institution referred to in Section 1406 of this title to

any other of such institutions, or to any institution within the

Department of Mental Health and Substance Abuse Services, with the

consent of the Director of Mental Health and Substance Abuse

Services when it determines that such pupil or pupils are in need of

treatment at such institution.
Okla. Stat. tit. 10, § 10-1108.1 — OK Code / Title 10 / Section 10-1108.1
Renumbered as § 7304-1.4 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7206.1 — OK Code / Title 10 / Section 10-7206.1
Renumbered as § 1-9-119 of Title 10A by Laws 2009, c. 233, § 311, emerg. eff. May 21,
Status: in_force

Oklahoma Statutes - Title 10. Children Page 17233, § 311, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1125.2A — OK Code / Title 10 / Section 10-1125.2A
Renumbered as § 7005-1.4 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-1629 — OK Code / Title 10 / Section 10-1629
Short title
Status: in_force

Sections 1 through 5 of this act shall be known and may be cited

as the "Oklahoma Minor Identification Act".
Okla. Stat. tit. 10A, § 10A-2-7-903 — OK Code / Title 10A / Section 10A-2-7-903
Juvenile Offender Tracking Program - Components
Status: in_force

The Juvenile Offender Tracking Program shall include, but not be

limited to:

1. The Juvenile Justice Information System pursuant to the

provisions of Section 2-7-905 of this title; and

2. Specific procedures for identifying juvenile offenders for

the purpose of communication between law enforcement and juvenile

court personnel and others regarding said offenders.
Okla. Stat. tit. 10, § 10-7006-1.3 — OK Code / Title 10 / Section 10-7006-1.3
Renumbered as § 1-4-906 of Title 10A by Laws 2009, c. 233, § 265, emerg. eff. May
Status: in_force

Oklahoma Statutes - Title 10. Children Page 16233, § 265, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-640.1 — OK Code / Title 10 / Section 10-640.1
Oklahoma Partnership for School Readiness Board
Status: in_force

A. There is hereby re-created until July 1, 2029, in accordance

with the Oklahoma Sunset Law, the Oklahoma Partnership for School

Readiness Board. The Board shall promote school readiness

supporting community-based efforts to increase the number of

children who are ready to succeed by the time they enter school.

The Board shall additionally serve as the state’s Early Childhood

Advisory Council and fulfill the responsibilities described in the

Head Start Act of 2007 (PL 110-134, Section 642B). The Board shall

consist of representatives from the private and public sectors as

follows:

1. Fifteen private sector representatives appointed by the

Governor to include:

a. two parents of children eight (8) years of age or

younger, and

b. one representative of licensed child care providers;

2. One representative of the licensed child care industry

appointed by the Governor;

3. One representative of a state association of federally

funded early childhood programs appointed by the Governor; and

4. To ensure that existing resources are being utilized

effectively, fifteen public sector representatives or their

designees as follows:

a. State Superintendent of Public Instruction,

b. State Commissioner of Health,

Oklahoma Statutes - Title 10. Children Page 173

c. Commissioner of the Department of Mental Health and

Substance Abuse Services,

d. Director of the Oklahoma Department of Commerce,

e. Director of the Oklahoma Department of Libraries,

f. Director of the Department of Human Services,

g. Administrator of the Oklahoma Health Care Authority,

h. Director of the Oklahoma Commission on Children and

Youth,

i. Director of the State Department of Rehabilitation

Services,

j. Executive Director of the Oklahoma Educational

Television Authority,

k. Director of the Oklahoma Department of Career and

Technology Education,

l. Chancellor of the Oklahoma State Regents for Higher

Education,

m. Cabinet Secretary with responsibility for education

agencies,

n. Dean of the College of Education and Human Sciences,

Oklahoma State University, and

o. State Director of Head Start Collaboration.

B. Members appointed by the Governor shall serve terms of four

(4) years; provided, of those members initially appointed to the

Board, eight members shall be appointed for two-year terms,

beginning September 1, 2003, and seven members shall be appointed

for four-year terms, beginning September 1, 2003, as designated by

the Governor. The member appointed pursuant to paragraph 2 of

subsection A of this section shall be appointed for an initial term

to end on August 31, 2007. The member appointed pursuant to

paragraph 3 of subsection A of this section shall be appointed for

an initial term to end on August 31, 2009. Appointed members shall

continue in office until a successor is appointed by the Governor.

The Governor shall fill all vacancies in the same manner as the

original appointment was made.

C. The Director of the Department of Human Services shall

convene an organizational meeting of the Oklahoma Partnership for

School Readiness Board prior to November 1, 2003, at which time

members of the Board shall elect a chair, a vice chair, and other

officers as needed. A majority of the members of the Board shall

constitute a quorum for the transaction of business.

D. Members of the Board shall receive no compensation for

serving on the Board but shall receive travel reimbursement as

follows:

1. State agency officers and employees who are members of the

Board shall be reimbursed for travel expenses incurred in the

performance of their duties by their respective agencies in

accordance with the State Travel Reimbursement Act; and

Oklahoma Statutes - Title 10. Children Page 174

2. Remaining members shall be reimbursed by the Board from any

funds received by the Board for travel expenses incurred in the

performance of their duties in accordance with the State Travel

Reimbursement Act.

E. Members of the Board shall be exempt from the dual-office-

holding provisions of Section 6 of Title 51 of the Oklahoma

Statutes.
Okla. Stat. tit. 10A, § 10A-1-4-908 — OK Code / Title 10A / Section 10A-1-4-908
Failure of parental rights to be terminated at trial
Status: in_force

– Permanency hearing – Continuing jurisdiction.

A. When parental rights are not terminated as a result of a

trial, the court shall set the matter for a permanency hearing

within thirty (30) days.

B. The failure of parental rights to be terminated at trial

shall not deprive the court of its continuing jurisdiction over the

child, nor shall it require reunification of the child with the

parent if the child has been adjudicated to be deprived.
Okla. Stat. tit. 10A, § 10A-1-4-508 — OK Code / Title 10A / Section 10A-1-4-508
Immunity for testimony – Records – Statements during
Status: in_force

evaluation or treatment.

A. At any stage of a proceeding under the Oklahoma Children’s

Code:

1. The parent or legal guardian, the child’s attorney, or the

district attorney’s office may apply for use immunity for a parent

or legal guardian for in-court testimony. The in-court testimony of

an immunized parent or legal guardian shall not be used against that

parent or legal guardian in a criminal prosecution; provided,

however, that the parent or legal guardian may be prosecuted for

perjury that occurs during the testimony of the parent or legal

guardian in a deprived proceeding;

2. The child’s attorney or the district attorney’s office may

apply for use immunity for any records, documents, or other physical

objects produced by the immunized parent or legal guardian in the

deprived proceeding, the production of which was compelled by a

court order; or

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 103

3. The child’s attorney or the district attorney’s office may

apply for use immunity for a parent or legal guardian for any

statement that a parent or legal guardian makes in the course of a

court-ordered psychological evaluation or treatment program to the

professional designated by the Department of Human Services or

authorized by the court in furtherance of the court’s order. Such

immunity shall attach only to those statements made during the

course of the actual evaluation or treatment and specifically does

not attach to statements made to Department employees, agents, or

other representatives in the course of the investigation of alleged

child abuse, neglect, or abandonment.

B. Any other information available to the professional

designated by the Department or authorized by the court to perform

the court-ordered evaluation or treatment shall not be the subject

of any application or order for immunity.
Okla. Stat. tit. 10A, § 10A-2-7-701 — OK Code / Title 10A / Section 10A-2-7-701
Short title - Purpose - Intent
Status: in_force

A. Sections 2-7-701 through 2-7-705 of this title shall be

known and may be cited as the “Delinquency and Youth Gang

Intervention and Prevention Act”.

B. The Legislature recognizes that the economic cost of crime

to the state and communities continues to drain existing resources,

and the cost to victims, both economic and psychological, is

traumatic and tragic. The Legislature further recognizes that many

adults in the criminal justice system were once delinquents in the

juvenile justice system. The Legislature also recognizes that the

most effective juvenile delinquency programs are programs that

prevent children from entering the juvenile justice system, meet

local community needs, and have substantial community involvement

and support. Therefore, it is the belief of the Legislature that

one of the best investments of scarce resources available to combat

crime is to counteract the negative social and economic factors that

contribute to criminal and delinquent behavior by engaging youth who

are determined to have the highest risk of involvement with gangs or

delinquent behaviors or live in at-risk neighborhoods and

communities in positive programs and opportunities at the local,

neighborhood and community level.

C. For the purpose of reducing the likelihood of later or

continued involvement in criminal or delinquent activities, the

intent of the Legislature in enacting the Delinquency and Youth Gang

Intervention and Prevention Act is to provide programs for

adjudicated delinquents and highest risk children and their families

who live in at-risk neighborhoods and communities, as defined in

Section 2-7-702 of this title, and to aid all communities in

developing delinquency and gang intervention and prevention programs

and activities.
Okla. Stat. tit. 10, § 10-7309-1.14 — OK Code / Title 10 / Section 10-7309-1.14
Renumbered as § 2-9-114 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 192, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-557 — OK Code / Title 10 / Section 10-557
Short title - Oklahoma Gestational Agreement Act
Status: in_force

Sections 1 through 26 of this act shall be known and may be

cited as the "Oklahoma Gestational Agreement Act".
Okla. Stat. tit. 10, § 10-7700-505 — OK Code / Title 10 / Section 10-7700-505
Identification of father - Rebuttal
Status: in_force

A. Under the Uniform Parentage Act, a man is rebuttably

identified as the father of a child if the genetic testing complies

with this Article and the results disclose that the man has:

1. At least a ninety-nine-percent probability of paternity,

using a prior probability of 0.50, as calculated by using the

combined paternity index obtained in the testing; and

2. A combined paternity index of at least 100 to 1.

B. A man identified under subsection A of this section as the

father of the child may rebut the genetic testing results only by

other genetic testing satisfying the requirements of this Article

which:

1. Excludes the man as a genetic father of the child; or

2. Identifies another man as the possible father of the child.

C. Except as otherwise provided in Section 32 of this act, if

more than one man is identified by genetic testing as the possible

father of the child, the court shall order them to submit to further

genetic testing to identify the genetic father.
Okla. Stat. tit. 10, § 10-1621 — OK Code / Title 10 / Section 10-1621
Renumbered as § 521 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-7303-5.8 — OK Code / Title 10 / Section 10-7303-5.8
Renumbered as § 2-2-507 of Title 10A by Laws 2009, c
Status: in_force

234, § 181, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-603 — OK Code / Title 10 / Section 10-603
Renumbered as § 7302-3.3 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-5-206A — OK Code / Title 10A / Section 10A-2-5-206A
Motion for certification as a juvenile -
Status: in_force

Certification study - Guidelines.

A. 1. When the attorney for the accused person determines

there is good cause to believe the accused should have been charged

as a delinquent and not as youthful offender, the attorney for the

accused shall file a motion for certification as a juvenile. The

motion for certification as a juvenile shall be filed prior to the

start of the preliminary hearing. No motion for certification as a

juvenile may be filed after the preliminary hearing has begun.

2. If a motion for certification as a juvenile has been filed,

the court shall order a certification study to be conducted, unless

waived by the accused with the approval of the court. Any such

certification study shall be completed by the Office of Juvenile

Affairs. Upon ordering the certification study, the court shall

determine if the parent, guardian, next friend, or other person

legally obligated to care for and support the child has the ability

to pay costs for the study and if so, the court may order payment of

such costs to the Office of Juvenile Affairs in an amount not to

exceed One Thousand Dollars ($1,000.00). The court shall set a

reasonable date for the payment of the fee due to the Office of

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 362

Juvenile Affairs for the completion of the certification study. In

hardship cases, the court may establish a payment schedule.

B. When ruling on a motion for certification as a juvenile, the

court shall consider the following guidelines with greatest weight

to be given to paragraphs 1, 2, and 3:

1. Whether the alleged offense was committed in an aggressive,

violent, premeditated, or willful manner, and the accused person's

level of involvement in the offense;

2. Whether the offense was against persons and if personal

injury resulted, the degree of personal injury, and the statement or

statements of the victim or victims;

3. The record and past history of the accused person including

previous contacts with law enforcement agencies and juvenile or

criminal courts, prior periods of probation, and commitments to

juvenile institutions;

4. The sophistication, age, and maturity of the person and the

capability of distinguishing right from wrong as determined by

consideration of the person's psychological evaluation, home,

environmental situation, emotional attitude, and pattern of living;

5. The prospects for adequate protection of the public if the

accused is processed through the juvenile justice system as either a

delinquent or youthful offender;

6. The reasonable likelihood of rehabilitation if the accused

is found to have committed the offense, by the use of programs and

facilities currently available to the court through the juvenile

justice system; and

7. Whether the offense occurred while the accused was escaping

or on escape status from a facility or placement for youthful

offenders or delinquent children.

C. The court, in its decision on a motion for certification as

a juvenile, shall issue a written order and prepare detailed

findings of fact and conclusions of law as to each of the

considerations in subsection B of this section, and shall state that

the court has considered each of the guidelines in reaching its

decision.

D. The order granting or denying the motion for certification

as a juvenile shall be a final order, appealable to the Court of

Criminal Appeals when entered.

E. An order certifying the accused person as a juvenile shall

not be reviewable by the trial court.
Okla. Stat. tit. 10, § 10-601.67 — OK Code / Title 10 / Section 10-601.67
Children with Disabilities Comprehensive Systems of
Status: in_force

Services Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Board of Regents for the University of Oklahoma on behalf of

the Department of Pediatrics, Child Study Center for Sooner SUCCESS

to be designated the "Children with Disabilities Comprehensive

Systems of Services Revolving Fund". The fund shall be a continuing

fund, not subject to fiscal year limitations, and shall consist of

those monies appropriated to the fund by law or deposited in the

Oklahoma Statutes - Title 10. Children Page 162

fund pursuant to Section 3 of this act. All monies accruing to the

credit of the fund are hereby appropriated and may be budgeted and

expended by Sooner SUCCESS for the purpose of coordinating a

statewide comprehensive system of health, social and educational

services for Oklahoma children and youth with special needs in

accordance with Part B of the Individuals with Disabilities

Education Act (IDEA) and Title V programs for Children with Special

Health Care Needs. Expenditures from the fund shall be made upon

warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.
Okla. Stat. tit. 10, § 10-134 — OK Code / Title 10 / Section 10-134
Inmates - Eligibility - Appointment and attendance - Terms
Status: in_force

- Return to parents or guardians.

All boys or girls under the age of sixteen (16) years, residing

in such county, and who may be adjudged to be dependent or neglected

children, under existing laws, shall be eligible to appointment to

such schools and homes, and the district court of such county shall

have power to enforce their appointment and attendance thereat. The

length of term for which such children shall be required to attend

such schools and homes shall be determined by the board of

supervision; provided, that nothing in this act shall be construed

so as to prevent the said board from delivering any such child back

to the parent or guardian at any time they may deem proper.
Okla. Stat. tit. 10, § 10-1407 — OK Code / Title 10 / Section 10-1407
Renumbered as § 7302-6.7 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7301-1.2 — OK Code / Title 10 / Section 10-7301-1.2
Renumbered as § 2-1-102 of Title 10A by Laws 2009, c
Status: in_force

234, § 168, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7700-306 — OK Code / Title 10 / Section 10-7700-306
No filing fee
Status: in_force

The State Department of Health, Division of Vital Records shall

not charge for filing an acknowledgment of paternity, denial of

paternity, rescission of acknowledgment of paternity, or rescission

of denial of paternity.
Okla. Stat. tit. 10, § 10-61.51 — OK Code / Title 10 / Section 10-61.51
Renumbered as § 60.51 of this title by Laws 1995, c
Status: in_force

353, § 21, eff. Nov. 1, 1995.
Okla. Stat. tit. 10, § 10-7308-1.8 — OK Code / Title 10 / Section 10-7308-1.8
Renumbered as § 2-8-107 of Title 10A by Laws 2009, c
Status: in_force

234, § 191, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-170.2 — OK Code / Title 10 / Section 10-170.2
Emergency treatment
Status: in_force

In case of an accident requiring emergency treatment, nothing in

this act shall be construed so as to prohibit any person having

custody or control of a minor child from taking such steps as are

necessary to insure such emergency treatment.
Okla. Stat. tit. 10A, § 10A-2-4-110 — OK Code / Title 10A / Section 10A-2-4-110
Appointment of personnel for Juvenile Docket of
Status: in_force

district court.

The provisions of this article shall govern the appointment of

all personnel for the Juvenile Docket of the district court in any

county referred to in Section 2-4-101 of this title. Provided,

employees now holding positions in a Juvenile or Children's Court

shall remain in similar positions in the juvenile bureau until such

time as the judge of the Juvenile Division, subject to the general

administrative authority of the Presiding Judge of the Judicial

Administrative District, shall otherwise direct, and any balances in

appropriations for the maintenance and operation of the

administrative personnel and organization under a Juvenile Court Act

or Children's Court Act shall continue to be appropriated and shall

be used for the operation of the juvenile bureau in the performance

of duties set forth in this article.
Okla. Stat. tit. 10, § 10-60.18b — OK Code / Title 10 / Section 10-60.18b
Renumbered as § 7505-7.2 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7006-1.1 — OK Code / Title 10 / Section 10-7006-1.1
Renumbered as § 1-4-904 of Title 10A by Laws 2009, c
Status: in_force

233, § 263, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-60.52 — OK Code / Title 10 / Section 10-60.52
Renumbered as § 7511-1.2 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-40.4 — OK Code / Title 10 / Section 10-40.4
Indian child custody proceedings – Notice
Status: in_force

A. In all Indian child custody proceedings of the Oklahoma

Indian Child Welfare Act, including voluntary court proceedings and

review hearings, the court shall ensure that the district attorney

or other person initiating the proceeding shall send notice to the

parents or to the Indian custodians, if any, and to the tribe that

is or may be the tribe of the Indian child, and to the appropriate

Bureau of Indian Affairs area office, by certified mail return

receipt requested, except as provided by subsection B of this

section. The notice shall be written in clear and understandable

language and include the following information:

Oklahoma Statutes - Title 10. Children Page 41

1. The name and tribal affiliation of the Indian child;

2. A copy of the petition by which the proceeding was

initiated;

3. A statement of the rights of the biological parents or

Indian custodians, and the Indian tribe:

a. to intervene in the proceeding,

b. to petition the court to transfer the proceeding to

the tribal court of the Indian child, and

c. to request an additional twenty (20) days from receipt

of notice to prepare for the proceeding; further

extensions of time may be granted with court approval;

4. A statement of the potential legal consequences of an

adjudication on the future custodial rights of the parents or Indian

custodians;

5. A statement that if the parents or Indian custodians are

unable to afford counsel, counsel will be appointed to represent

them; and

6. A statement that tribal officials should keep confidential

the information contained in the notice.

B. Notice of review hearings shall be sent, via regular first-

class mail, to the tribe of the Indian child unless the tribe is

present at the time the review hearing is set and consents to the

date of the review. A tribe's right to notice under this section is

not dependent on intervention into the case. The notice shall be

evidenced by filing a certificate of mailing prior to the review

hearing.
Okla. Stat. tit. 10, § 10-7700-502 — OK Code / Title 10 / Section 10-7700-502
Order for genetic testing – Order for in utero
Status: in_force

testing not allowed.

A. In a civil action in which paternity is a relevant fact and

at issue, except as otherwise provided in this Article and Article 6

of the Uniform Parentage Act, the court shall order the child and

other designated individuals to submit to genetic testing if the

request is made by a party to the proceeding to determine parentage.

B. The Department of Human Services Child Support Enforcement

Division may order genetic testing only if there is no presumed,

acknowledged, or adjudicated father.

C. If a request for genetic testing of a child is made before

birth, the court or the Department of Human Services may not order

in utero testing.

D. If two or more men are subject to court-ordered genetic

testing, the testing may be ordered concurrently or sequentially.
Okla. Stat. tit. 10, § 10-175.7 — OK Code / Title 10 / Section 10-175.7
Powers of Commission
Status: in_force

(a) The Commission is hereby authorized and empowered to approve

or disapprove hospitals, convalescent homes, boarding homes, nursing

homes or foster homes and to contract for their services on a basis

not to exceed their per diem cost basis. The Commission is hereby

also authorized and empowered to approve or disapprove professional

personnel for the various types of services authorized and

contemplated by this act, and to contract for their services.

(b) Only a person who has been duly licensed by the Board of

Examiners in Optometry to practice optometry in this state, or a

person who has been duly licensed by the State Board of Medical

Licensure and Supervision to practice medicine or surgery in this

state shall be employed or paid under the provisions of this act, or

from appropriations made by this act, to examine the eyes of a

visually handicapped child to determine whether or not he has a

defective vision that can be corrected with lenses, or to fit and

furnish lenses for any such child.
Okla. Stat. tit. 10, § 10-1160.1 — OK Code / Title 10 / Section 10-1160.1
Renumbered as § 7302-9.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-3-102 — OK Code / Title 10A / Section 10A-2-3-102
Persons under 18 years of age who have fled from
Status: in_force

another state considered adults for purposes of detention only in

certain cases.

Whenever a person under eighteen (18) years of age, who has fled

from another state, is taken into custody, that person shall be

considered an adult only for the purposes of detention if:

1. The person has been charged with commission of an offense in

the other state which is considered a felony in that state; and

2. The person is certified as an adult in that state for the

purpose of criminal prosecution for said felony or has reached the

statutory age of majority in that state; and

3. The other state is seeking the return of the individual to

its jurisdiction and provides written or electronically transmitted

confirmation, which is received within forty-eight (48) hours after

the person is taken into custody.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 338
Okla. Stat. tit. 10A, § 10A-1-4-102 — OK Code / Title 10A / Section 10A-1-4-102
Evidence of child abuse or neglect in matrimonial or
Status: in_force

child custody actions - Investigation by Department of Human

Services - Orders for protective custody - Appointment of attorney

for child.

A. 1. If the evidence in a court proceeding concerning child

custody or visitation indicates that a child may be a victim of

abuse or neglect, the court shall refer the allegations to the

Department of Human Services for an assessment or investigation.

2. The Department shall conduct an assessment or investigation

concerning such report in accordance with priority guidelines

established by the Department.

3. The Department shall submit a report of its assessment or

investigation to the office of the district attorney and provide a

copy of its reports to the referring court within thirty (30) days

of such notice, and notify parties to the proceeding of the

submission of the report to the court.

4. The district attorney shall advise the referring court

within three (3) days of the receipt of the findings of the

Department whether a deprived petition will be filed by that office.

If no deprived petition is filed, the referring court may take

appropriate action regarding the custody or visitation of the child.

B. Nothing in this section shall:

a. preclude the referring court from entering an order to

have the child taken into emergency custody if

evidence presented to the referring court indicates a

child is in surroundings that are such as to endanger

the welfare of the child. If a child is placed into

emergency custody by such an order, the provisions of

Chapter IV of the Oklahoma Children's Code shall

apply, or

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 73

b. preclude any court presiding over any proceeding from

referring allegations of child abuse or neglect to the

Department for assessment or investigation.

C. If, in any proceeding concerning child custody or

visitation, the evidence indicates that a child has been subject to

abuse or neglect, the court shall appoint an attorney to represent

the child for that proceeding and any related proceedings and may

appoint a guardian ad litem for the child as permitted by law.Investigation by Department of Human Services - Orders for protective custody - Appointment of
Okla. Stat. tit. 10, § 10-7305-1.7 — OK Code / Title 10 / Section 10-7305-1.7
Renumbered as § 2-4-107 of Title 10A by Laws 2009, c
Status: in_force

234, § 186, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7505-4.2 — OK Code / Title 10 / Section 10-7505-4.2
Exceptions to requirement of parental consent
Status: in_force

A. Consent to adoption is not required from a putative father

of a minor who, at the hearing provided for in Section 7505-2.1 or

7505-4.1 of this title, fails to prove he is the father of the

child.

B. Consent to adoption is not required from a parent who, for a

period of twelve (12) consecutive months out of the last fourteen

(14) months immediately preceding the filing of a petition for

adoption of a child or a petition to terminate parental rights

pursuant to Section 7505-2.1 of this title, has willfully failed,

refused, or neglected to contribute to the support of such minor:

1. In substantial compliance with an order entered by a court

of competent jurisdiction adjudicating the duty, amount, and manner

of support; or

2. According to such parent's financial ability to contribute

to such minor's support if no provision for support is provided in

an order. For the purposes of this section, support for the minor

shall benefit the minor by providing a necessity. Payments that

Oklahoma Statutes - Title 10. Children Page 352

shall not be considered support shall include, but are not limited

to:

a. genetic and drug testing,

b. supervised visitation,

c. counseling for any person other than the minor,

d. court fees and costs,

e. restitution payments, and

f. transportation costs for any person other than the

minor, unless such transportation expenses are

specifically ordered in lieu of support in a court

order.

The incarceration of a parent in and of itself shall not prevent

the adoption of a minor without consent.

C. Consent to adoption is not required from a father or

putative father of a minor born out of wedlock if:

1. The minor is placed for adoption within ninety (90) days of

birth, and the father or putative father fails to show he has

exercised parental rights or duties towards the minor, including,

but not limited to, failure to contribute to the support of the

mother of the child to the extent of his financial ability during

her term of pregnancy; or

2. The minor is placed for adoption within fourteen (14) months

of birth, and the father or putative father fails to show that he

has exercised parental rights or duties towards the minor,

including, but not limited to, failure to contribute to the support

of the minor to the extent of his financial ability, which may

include consideration of his failure to contribute to the support of

the mother of the child to the extent of his financial ability

during her term of pregnancy. Failure to contribute to the support

of the mother during her term of pregnancy shall not in and of

itself be grounds for finding the minor eligible for adoption

without such father's consent.

The incarceration of a parent in and of itself shall not prevent

the adoption of a minor without consent.

D. In any case where a father or putative father of a minor

born out of wedlock claims that, prior to the receipt of notice of

the hearing provided for in Sections 7505-2.1 and 7505-4.1 of this

title, he had been specifically denied knowledge of the minor or

denied the opportunity to exercise parental rights and duties toward

the minor, such father or putative father must prove to the

satisfaction of the court that he made sufficient attempts to

discover if he had fathered a minor or made sufficient attempts to

exercise parental rights and duties toward the minor prior to the

receipt of notice.

E. Consent to adoption is not required from a parent or

putative father who waives in writing his right to notice of the

hearing provided for in Section 7505-2.1 or 7505-4.1 of this title.

Oklahoma Statutes - Title 10. Children Page 353

F. Consent to adoption is not required from a parent or

putative father who fails to appear at the hearing provided for in

Section 7505-2.1 or 7505-4.1 of this title if all notice

requirements contained in or pursuant to such sections have been

met.

G. Consent to adoption is not required from a parent who is

entitled to custody of a minor and has abandoned the minor.

H. 1. Consent to adoption is not required from a parent who

fails to establish and/or maintain a substantial and positive

relationship with a minor for a period of twelve (12) consecutive

months out of the last fourteen (14) months immediately preceding

the filing of a petition for adoption of the child.

2. In any case where a parent of a minor claims that prior to

the receipt of notice of the hearing provided for in Sections 7505-

2.1 and 7505-4.1 of this title, such parent had been denied the

opportunity to establish and/or maintain a substantial and positive

relationship with the minor by the custodian of the minor, such

parent shall prove to the satisfaction of the court that he or she

has taken sufficient legal action to establish and/or maintain a

substantial and positive relationship with the minor prior to the

receipt of such notice.

3. For purposes of this subsection, “fails to establish and/or

maintain a substantial and positive relationship" means the parent:

a. has not maintained frequent and regular contact with

the minor through frequent and regular visitation or

frequent and regular communication to or with the

minor, or

b. has not exercised parental rights and

responsibilities.

I. Consent to adoption is not required from a parent who has

been convicted in a criminal action pursuant to the provisions of

Sections 7102 and 7115 of this title and Sections 1021.3, 1111 and

1123 of Title 21 of the Oklahoma Statutes or who has either:

1. Physically or sexually abused the minor or a sibling of such

minor or failed to protect the minor or a sibling of such minor from

physical or sexual abuse that is heinous or shocking to the court or

that the minor or sibling of such minor has suffered severe harm or

injury as a result of such physical or sexual abuse; or

2. Physically or sexually abused the minor or a sibling of such

minor or failed to protect the minor or a sibling of such minor from

physical or sexual abuse subsequent to a previous finding that such

parent has physically or sexually abused the minor or a sibling of

such minor or failed to protect the minor or a sibling of such minor

from physical or sexual abuse.

J. Consent to adoption is not required from a parent who has

been convicted in a criminal action of having caused the death of a

Oklahoma Statutes - Title 10. Children Page 354

sibling of the minor as a result of the physical or sexual abuse or

chronic neglect of such sibling.

K. Consent to adoption is not required from a parent if the

parent has been sentenced to a period of incarceration of not less

than ten (10) years and the continuation of parental rights would

result in harm to the minor based on consideration of the following

factors, among others: the duration of incarceration and its

detrimental effect on the parent/child relationship; any previous

incarcerations; any history of criminal behavior, including crimes

against children; the age of the minor; the evidence of abuse or

neglect of the minor or siblings of the minor by the parent; and the

current relationship between the parent and the minor and the manner

in which the parent has exercised parental rights and duties in the

past.

L. Consent to adoption is not required from:

1. A parent who has a mental illness or mental deficiency, as

defined by paragraphs f and g of Article II of Section 6-201 of

Title 43A of the Oklahoma Statutes, which renders the parent

incapable of adequately and appropriately exercising parental

rights, duties and responsibilities;

2. The continuation of parental rights would result in harm or

threatened harm to the minor; and

3. The mental illness or mental deficiency of the parent is

such that it will not respond to treatment, therapy or medication

and, based upon competent medical opinion, the condition will not

substantially improve.

M. Consent to adoption is not required from a putative father

who has been served with a Notice of Plan for Adoption pursuant to

Section 7503-3.1 of this title and who returns the form to the

Paternity Registry of the Department of Human Services or agency or

attorney who served him explicitly waiving a right to notice and

legal rights to the minor or who fails to return the form pursuant

to Section 7503-3.1 of this title in time for the form to be

received by the Paternity Registry of the Department of Human

Services or the agency or attorney who served him within thirty (30)

days from the date the Notice of Plan for Adoption was served upon

the putative father.

N. Consent to adoption is not required from:

1. An individual who has permanently relinquished parental

rights and responsibilities to the minor pursuant to the Oklahoma

Adoption Code;

2. An individual whose parental relationship to a minor has

been legally terminated or legally determined not to exist; or

3. The personal representative of a deceased parent's estate.

O. Consent to adoption is not required from a parent who has

voluntarily placed a minor child in the care of a licensed child

care institution or child-placing agency, if the minor has remained

Oklahoma Statutes - Title 10. Children Page 355

in out-of-home care for eighteen (18) months or more, and the parent

has willfully failed to substantially comply for twelve (12)

consecutive months out of the fourteen-month period immediately

preceding the filing of the petition for adoption with a reasonable

written plan of care. Provided, the willful failure to comply with

the written plan of care may not be a ground for adoption without

consent unless the plan of care, at the time it was initially

executed by the parent, contained notice that failure to

substantially comply constitutes grounds for adoption without

consent. The reasonableness of the plan shall be a question of fact

to be determined by the court.
Okla. Stat. tit. 10A, § 10A-2-7-309 — OK Code / Title 10A / Section 10A-2-7-309
Department planning process for services to children
Status: in_force

and youth.

A. The Office of Juvenile Affairs shall establish a planning

process that provides for collaborative ongoing planning for the

development of divisional and agency goals and priorities for

services to children and youth. Said planning process shall be

developed with the assistance of the Policy Analysis Division or

equivalent division within the Office of Juvenile Affairs and the

department and division directors, other state agencies and agencies

with whom the departments contract to provide services to children

and youth, including designated Youth Services Agencies, and shall

provide for identification and assessment of needs, establishment of

goals and priorities, and program implementation and monitoring, in

a manner that actively involves all divisions and units within

divisions.

1. The Office of Juvenile Affairs shall develop a three- to

five-year plan for children and youth services provided by the

agency. The plan should be regularly reviewed and modified as

necessary.

2. The Executive Director shall hold each department and

division director accountable for the performance of the department

or division in engaging collaboratively in the agency and in

interagency planning with other state agencies and agencies with

whom the Office of Juvenile Affairs contracts to provide services to

children and youth, including Youth Services Agencies, for programs

and services for children and youth.

3. The director of each division and administrator of each

office shall actively participate and require the collaborative

participation of department and division workers in interagency

planning and coordination for children and youth services.

4. The director of each division and administrator for each

office shall hold the administrator of each unit within the

department or division responsible for the collaborative development

and implementation of agency and division goals and priorities

related to children and youth.

B. The unit, division, office and agency budget recommendations

of the Office of Juvenile Affairs for services to children and youth

shall be based upon documented needs, and the development of budget

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 418

recommendations and priorities shall be closely integrated with

agency and interagency program planning and management.

C. As a part of the program planning and monitoring processes

of the Office of Juvenile Affairs, the Office shall examine its

programs and services to children and youth to ensure that the

practices within them do not operate to the detriment of minority

children and youth.
Okla. Stat. tit. 10, § 10-556 — OK Code / Title 10 / Section 10-556
Human embryo transfer and donation – Consents – Legal
Status: in_force

rights, obligations or interests.

A. 1. No person shall perform the technique of human embryo

transfer unless currently licensed to practice medicine in this

state, and then only at the request and with the written consent of

the husband and wife desiring to receive the human embryo transfer.

In addition, the written consent of the husband and wife donating

the human embryo shall be obtained by the physician.

2. The written consent of the husband and wife desiring to

receive the human embryo transfer shall be executed and acknowledged

by both the husband and wife, by the physician who is to perform the

technique, and by any judge of a court having adoption jurisdiction

in this state. The original of the executed consent shall be filed

with the court in conformity to Section 553 of Title 10 of the

Oklahoma Statutes.

3. The original of the written consent of the husband and wife

donating the human embryo shall be filed with the court by the

physician performing the technique.

4. The written consents so filed shall not be open to the

general public. The information contained therein, may be released

only to persons having a legitimate interest therein as evidenced by

a specific court order.

B. 1. Any child or children born as a result of a human embryo

transfer donation shall be considered for all legal intents and

purposes, the same as a naturally conceived legitimate child of the

husband and wife that consent to and receive a human embryo

transfer.

2. The husband and wife donating the human embryo shall be

relieved of all parental responsibilities for any child or children

resulting from the human embryo transfer.

C. The husband and wife donating the embryo shall have no

right, obligation or interest with respect to a child born as a

Oklahoma Statutes - Title 10. Children Page 105

result of the donation or to the property of the child by descent or

distribution.

D. A child born as a result of an embryo transfer donation

shall have no right, obligation or interest with respect to the

husband and wife who donated the embryo.

E. The transfer and donation of human embryos pursuant to this

section shall not be construed as trafficking in children if:

1. The human embryo is donated by the biological parents of the

embryo;

2. The human embryo is not at anytime offered for sale or sold;

and

3. The human embryo transfer and donation is made pursuant to

the provisions of this section.
Okla. Stat. tit. 10, § 10-1406 — OK Code / Title 10 / Section 10-1406
Northern Oklahoma Resource Center of Enid, Southern Oklahoma Resource Center of
Status: in_force

Pauls Valley, Hissom Memorial Center - Transfer to Public Welfare Commission - Department ofOklahoma Resource Center of Pauls Valley, Hissom Memorial Center -

Transfer to Public Welfare Commission - Department of Mental Health

and Substance Abuse Services.

A. The Northern Oklahoma Resource Center of Enid, located at

Enid, Oklahoma, the Southern Oklahoma Resource Center of Pauls

Valley, located at Pauls Valley, Oklahoma, and the Hissom Memorial

Center, located at Sand Springs, Oklahoma, are hereby transferred

from the Board of Mental Health and Substance Abuse Services and the

Department of Mental Health and Substance Abuse Services to the

Oklahoma Public Welfare Commission. The Department of Mental Health

and Mental Retardation shall hereafter be known as the Department of

Mental Health and Substance Abuse Services.

B. Whenever the term "Enid State School" appears in the

Constitution of Oklahoma or the Oklahoma Statutes, it shall mean the

Northern Oklahoma Resource Center of Enid.

C. Whenever the term "Pauls Valley State School" appears in the

Constitution of Oklahoma or the Oklahoma Statutes, it shall mean the

Southern Oklahoma Resource Center of Pauls Valley.
Okla. Stat. tit. 10, § 10-1430.4 — OK Code / Title 10 / Section 10-1430.4
Group Homes for Persons with Developmental or Physical
Status: in_force

Disabilities Advisory Board.

A. There is hereby re-created to continue until July 1, 2020,

in accordance with the provisions of the Oklahoma Sunset Law, the

Group Homes for Persons with Developmental or Physical Disabilities

Advisory Board.

1. The Advisory Board shall be composed of nine (9) members as

follows:

a. eight members, appointed by the Director of Human

Services, one of whom shall be a representative of the

Oklahoma Community Based Providers Association, one a

representative of United Cerebral Palsy of Oklahoma,

one a representative of the State Council on

Developmental Disabilities who is not a state

employee, two who shall be group home directors having

a minimum of two (2) years of experience as a group

home director, and three who shall be consumers or

consumer advocates, one of whom is the parent of a

person having a developmental disability. These

appointed members shall each serve a three-year term

and may be reappointed, and

b. one member shall be the State Fire Marshal, or a

designee who shall serve at the pleasure of the State

Fire Marshal.

2. The Advisory Board shall annually elect a chair, a vice-

chair and a secretary and shall meet at least quarterly and at such

other times as may be necessary. All meetings of the Advisory Board

shall be subject to the provisions of the Oklahoma Open Meeting Act.

Members of the Advisory Board shall not receive compensation for

their services but shall be reimbursed pursuant to the provisions of

the State Travel Reimbursement Act.

3. The Department of Human Services shall appoint an employee

to serve as a resource person and provide assistance to the Advisory

Board.

B. The Advisory Board shall have the power and duty to:

1. Serve as an advisory body to the Department for the

development and improvement of services to and care and treatment of

residents of group homes subject to the provisions of the Group

Homes for Persons with Developmental or Physical Disabilities Act;

Oklahoma Statutes - Title 10. Children Page 237

2. Review, make recommendations regarding, and approve in its

advisory capacity the system of standards developed by the

Department;

3. Evaluate and review the standards, practices, and procedures

of the Department regarding the administration and enforcement of

the provisions of the Group Homes for Persons with Developmental or

Physical Disabilities Act and the quality of services and care and

treatment provided to residents of group homes, and may make

recommendations to the Department as necessary and appropriate; and

4. Serve as an advisory body to the Department regarding the

implementation of any nationally recognized accreditation standards,

as they apply to community-based facilities and services adopted by

the Commission for Human Services as standards for the provision of

services to persons with developmental or physical disabilities who

receive services through the Department of Human Services.

C. The Department shall, with regard to the meetings and duties

of the Advisory Board which pertain to the Department, provide

clerical staff support to assist the Advisory Board and space for

meetings.
Okla. Stat. tit. 10, § 10-7700-603 — OK Code / Title 10 / Section 10-7700-603
Parties to proceeding
Status: in_force

The following individuals may be joined as parties in a

proceeding to adjudicate parentage:

1. The mother of the child; and

2. A man whose paternity of the child is to be adjudicated.
Okla. Stat. tit. 10A, § 10A-1-1-104 — OK Code / Title 10A / Section 10A-1-1-104
Jurisdiction to enforce Oklahoma Children's Code
Status: in_force

The Attorney General, the district attorney of the appropriate

district and any other law enforcement official having jurisdiction

shall have the authority to bring civil actions against any person,

officer or department, board, commission or other entity, to enforce

the provisions of the Oklahoma Children's Code, or to enforce any of

the laws of this state protecting or applying in any way to a child

removed from the custody of the lawful parent of the child by a

disposition order of the court.
Okla. Stat. tit. 10A, § 10A-2-8-109 — OK Code / Title 10A / Section 10A-2-8-109
Juveniles not subject to act
Status: in_force

The provisions of this act do not apply to a juvenile who is

subject to registration and notification requirements of Section 581

et seq. of Title 57 of the Oklahoma Statutes, because the offender

was convicted of a sex offense as an adult.
Okla. Stat. tit. 10, § 10-7302-6.5 — OK Code / Title 10 / Section 10-7302-6.5
Renumbered as § 2-7-605 of Title 10A by Laws 2009, c
Status: in_force

234, § 174, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1150.1 — OK Code / Title 10 / Section 10-1150.1
Definitions
Status: in_force

As used in the Child Death Review Board Act:

1. "Board" means the Child Death Review Board;

2. "Child protection system" means public and private agencies,

medical personnel, courts, law enforcement agencies and legal,

education and social service professionals with responsibilities

related to child abuse and neglect; and

3. "Commission" means the Oklahoma Commission on Children and

Youth.
Okla. Stat. tit. 10A, § 10A-1-4-711 — OK Code / Title 10A / Section 10A-1-4-711
Motion for modification or termination of a permanent
Status: in_force

guardianship.

A. 1. A motion for modification or termination of a permanent

guardianship may be filed by the permanent guardian, the child, or

the district attorney. A modification or termination may also be

ordered by the court on its own initiative. An order for

modification or termination of the permanent guardianship may be

entered after notice and opportunity for hearing and shall be based

on a finding that there has been a substantial change of material

circumstances including, but not limited to, the following:

a. the parent of the child is presently able and willing

to properly care for the child,

b. the permanent guardian of the child is unable to

properly care for the child,

c. the child has been abused or neglected while in the

care of the permanent guardian, or

d. the permanent guardian of the child is deceased.

2. The court shall appoint a guardian ad litem for the child in

any proceeding for modification or termination of a permanent

guardianship.

B. 1. The court may modify or terminate the order granting

permanent guardianship upon a finding by clear and convincing

evidence that there has been a substantial change in material

circumstances and that a modification or termination of the

permanent guardianship is in the child’s best interest.

2. When the modification or termination of the permanent

guardianship results in the removal of the child from the home of

the guardian, the court shall determine if the continuation of the

child in the home of the guardian is contrary to the welfare of the

child, and, if so, whether:

a. reasonable efforts have been made to prevent the

removal of the child from the child’s home, or

b. an absence of efforts to prevent the removal of the

child from the child’s home is reasonable because the

removal is due to an emergency and is for the purpose

of providing for the welfare of the child.

3. Where the termination of a permanent guardianship is granted

for reason of the guardian’s abuse, neglect, death, or inability to

care for the child, the court shall order the child returned to the

legal custody of the Department of Human Services pending further

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 130

hearing. The Department shall develop a new permanency plan on

behalf of the child, which shall be presented to the court within

thirty (30) days of the date the permanent guardianship is

terminated.

4. Unless the parental rights of the child’s parent or parents

have been terminated, they shall be notified that the legal

guardianship has been modified or terminated and shall be entitled

to participate in the new permanency planning hearing where the

court shall order a new permanency plan appropriate to meet the

needs of the child.

5. The court may order that reunification services again be

provided to the parent or parents if it is in the best interests of

the child and may consider the parent or parents for custody of the

child, with Department supervision, if the parent can prove by a

preponderance of the evidence that conditions which previously

existed at the time of the granting of the permanent guardianship

order have been substantially corrected and that reunification is

the best alternative for the child.
Okla. Stat. tit. 10A, § 10A-2-7-302 — OK Code / Title 10A / Section 10A-2-7-302
Division of Advocate Defender - Advocate General -
Status: in_force

Duties and responsibilities.

A. There is hereby established within the Office of Juvenile

Affairs the Division of Advocate Defender which will be separate and

apart from the Office of General Counsel. The administrative

officer of the Division of Advocate Defender shall be the Advocate

General, who shall be an attorney with a minimum of three (3) years

of experience as an attorney. The Executive Director of the Office

of Juvenile Affairs shall employ such other personnel as may be

necessary to carry out the purposes of this section. Such personnel

may be dismissed only for cause.

B. The duties and responsibilities of the Advocate General are

as follows:

1. Supervise personnel assigned to children's institutions and

facilities as student defender/representatives;

2. Monitor and review grievance procedures and hearings;

3. Investigate grievances of juveniles and staff grievances

related to juveniles which are not resolved at the facility level;

4. In cooperation with the Executive Director, establish a

system for investigating allegations of misconduct by a person

responsible for a child with regard to any child in the custody of

the Office of Juvenile Affairs and placed in an Office of Juvenile

Affairs secure juvenile facility;

5. Monitor the system to ensure the appropriate reporting to

the Department of Human Services of allegations of abuse or neglect

of juveniles who are in the custody of the Office of Juvenile

Affairs and placed in private facilities or facilities operated by

the Office of Juvenile Affairs;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 407

6. Coordinate any hearings or meetings of administrative review

committees conducted as a result of unresolved grievances or as a

result of investigations;

7. Make recommendations to the Executive Director of the Office

of Juvenile Affairs, and provide regular or special reports

regarding grievance procedures, hearings and investigations to the

Executive Director of the Office of Juvenile Affairs, the Office of

Juvenile System Oversight and other appropriate persons as

necessary;

8. Forward to the Office of Juvenile Systems Oversight, for the

information of the Executive Director of the Office of Juvenile

Systems Oversight, a copy of the final report of a complaint which

is not resolved, through the system for resolution of grievances

established by the Office of Juvenile Affairs, in the favor of the

complainant; and

9. Perform such other duties as required by the Executive

Director of the Office of Juvenile Affairs.
Okla. Stat. tit. 10A, § 10A-2-7-307 — OK Code / Title 10A / Section 10A-2-7-307
Cooperative agreements with Department of Human
Status: in_force

Services.

The Office of Juvenile Affairs is hereby authorized to, and

shall, enter into cooperative agreements with the Department of

Human Services for the use by both Departments of existing

community-based programs, management information and client tracking

systems, facility certification systems, community intervention

centers and other shared resources as deemed necessary or

appropriate by both Departments.
Okla. Stat. tit. 10A, § 10A-2-8-221 — OK Code / Title 10A / Section 10A-2-8-221
Transmission of obscene or sexual abuse materials
Status: in_force

A. Whenever the district attorney for any district has

reasonable cause to believe that an individual, with knowledge of

its content, is engaged in sending a transmission or causing a

transmission to originate within this state containing obscene

material or child sexual abuse material, as such terms are defined

in Section 1024.1 of Title 21 of the Oklahoma Statutes, the district

attorney for the district into which the transmission is sent or

caused to be sent, may institute an action in the district court for

an adjudication of the obscenity or child sexual abuse content of

the transmission. Provided that if the conditions of subsection B

of this section are present, then it shall be at the discretion of

the district attorney whether the action instituted is a juvenile

offense as defined in subsection B of this section or whether the

action instituted is a felony for a violation of Section 1040.13a of

Title 21 of the Oklahoma Statutes.

The individual sending the transmission specified in this

section may be charged and tried in any district wherein the

transmission is sent or in which it is received by the person to

whom it was transmitted.

For purposes of any criminal prosecution pursuant to a violation

of this section, the person violating the provisions of this section

shall be deemed to be within the jurisdiction of this state by the

fact of accessing any computer, cellular phone, or other computer-

related or satellite-operated device in this state, regardless of

the actual jurisdiction where the violator resides.

B. Any individual under eighteen (18) years of age who engages

in the original or relayed transmission of obscene material or child

sexual abuse material via electronic media in the form of digital

images, videos, or other depictions of real persons under the age of

eighteen (18) years, and:

1. The original or relayed transmission is of another minor

over thirteen (13) years of age and is made with the consent of the

pictured individual and is transmitted to five or fewer individual

destinations, known or unknown, shall be guilty of a misdemeanor

violation of this section punishable by:

a. a fine not to exceed Five Hundred Dollars ($500.00)

for the first offense,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 464

b. a fine not to exceed One Thousand Dollars ($1,000.00)

for a second and subsequent offense,

c. up to forty (40) hours of community service,

d. a referral to a juvenile bureau to propose a probation

plan which shall be adopted through disposition, or

e. attendance and successful completion of an educational

program or a delinquency prevention and diversion

program as provided in Section 24-100.4 of Title 70 of

the Oklahoma Statutes. The court shall have the

discretion to order the parent or legal guardian of

the juvenile to attend and successfully complete the

educational program;

2. The original or relayed transmission is of another minor

over thirteen (13) years of age and is made without the consent of

the pictured individual, or is sent to six or more individual

destinations, known or unknown, shall be guilty of a misdemeanor

violation of this section punishable by:

a. a fine not to exceed Seven Hundred Dollars ($700.00)

for the first offense,

b. a fine not to exceed One Thousand Four Hundred Dollars

($1,400.00) for a second or subsequent offense,

c. up to sixty (60) hours of community service,

d. a referral to a juvenile bureau to propose a probation

plan which shall be adopted through disposition, and

e. attendance and successful completion of an educational

program or a delinquency prevention and diversion

program as provided in Section 24-100.4 of Title 70 of

the Oklahoma Statutes. The court shall have the

discretion to order the parent or legal guardian of

the juvenile to attend and successfully complete the

educational program; and

3. The original or relayed transmission is of another minor

thirteen (13) years of age or younger, with or without the pictured

individual's consent, and is transmitted to any number of

destinations, known or unknown, shall be guilty of a misdemeanor

violation of this section punishable by:

a. a fine not to exceed Nine Hundred Dollars ($900.00)

for the first offense,

b. a fine not to exceed One Thousand Eight Hundred

Dollars ($1,800.00) for a second or subsequent

offense,

c. up to eighty (80) hours of community service,

d. a referral to a juvenile bureau to propose a probation

plan which may be adopted through disposition, and

e. attendance and successful completion of an educational

program or a delinquency prevention and diversion

program as provided in Section 24-100.4 of Title 70 of

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 465

the Oklahoma Statutes. The court shall have the

discretion to order the parent or legal guardian of

the juvenile to attend and successfully complete the

educational program.

C. The fact that the individual making the transmission and the

individual pictured are the same does not alter the criminality

provided in this section.

D. It is an affirmative defense to the relayed transmission of

obscene material or child sexual abuse material, as these terms are

defined in Section 1024.1 of Title 21 of the Oklahoma Statutes, if a

juvenile:

1. Has not solicited the visual depiction; and

2. Does not subsequently distribute, present, transmit, post,

print, disseminate or exchange the visual depiction except for the

purpose of reporting the original transmission or relayed

transmission to appropriate school or law enforcement authorities.
Okla. Stat. tit. 10, § 10-1430.35 — OK Code / Title 10 / Section 10-1430.35
Emergencies - Investigations - Hearing
Status: in_force

A. Where a resident of a group home subject to the Group Homes

for Persons with Developmental or Physical Disabilities Act, a

guardian or advocate of a resident, if any, or a resident's next of

kin believes that an emergency exists, each of them, collectively or

separately, may file a verified statement with the Director of Human

Services, or a designee, who shall immediately investigate. If the

Director, or a designee, determines that proper cause exists, the

Director, or a designee, shall take whatever steps are necessary to

protect the health, welfare and safety of the residents including,

if necessary, petitioning the court to place the group home under

the control of a receiver to ensure that the residents receive

adequate care.

B. The court shall hold a hearing within five (5) days of the

filing of the petition. The petition and notice of the hearing

Oklahoma Statutes - Title 10. Children Page 261

shall be served on the provider or licensee or designated agent of

the provider or licensee and the petition and notice of hearing

shall be posted in a conspicuous place in the group home not later

than three (3) days before the time specified for the hearing,

unless a different time limit is fixed by order of the court. The

court shall appoint a receiver for a limited time period, not to

exceed one hundred eighty (180) days, which shall automatically

terminate the receivership unless extended by the court, if it finds

that:

1. The group home is operating without a license;

2. The Department has suspended, revoked or refused to renew

the existing license of the provider or licensee;

3. The group home is closing or has informed the Department

that it intends to close and adequate arrangements for relocation of

residents have not been made at least thirty (30) days prior to

closure;

4. An emergency exists, whether or not the Department has

initiated revocation or nonrenewal procedures, if because of the

unwillingness or inability of the provider or licensee to remedy the

emergency, the appointment of a receiver is necessary; or

5. It is necessary to ensure that the residents get adequate

care in a situation in which the health, welfare and safety of the

residents are threatened.

C. If a petition filed under this section alleges that the

conditions listed in subsection B of this section exist within a

group home, the court may set the matter for hearing at the earliest

possible time. The petitioner shall notify the provider of the

group home or licensee or registered agent of the provider or

licensee more than five (5) days prior to the hearing. Any form of

written notice may be used. A receivership shall not be established

ex parte by the court unless the Director of Human Services, under

oath, has provided a statement that such Director, or a designee,

has personally determined that there is a life-endangering

situation. A waiver of the five-day notice requirement may be

approved by the court in life-endangering situations as determined

and confirmed under oath, by the Director.
Okla. Stat. tit. 10A, § 10A-1-4-809 — OK Code / Title 10A / Section 10A-1-4-809
Findings establishing that reasonable efforts to
Status: in_force

reunify child are not required.

A. At any time prior to or following the adjudicatory hearing

the court, on its own motion or upon the motion of a party, may find

that reasonable efforts to prevent the removal of a child from home

or to reunify the child and family are not required if the court

determines, based upon a preponderance of the evidence, that:

1. The parent or legal guardian of the child, who is an infant

age twelve (12) months or younger, has abandoned the child;

2. The parent or legal guardian of the child has:

a. committed murder or manslaughter of any child,

b. aided or abetted, attempted, conspired, or solicited

to commit the murder or manslaughter of any child,

c. committed a felony assault upon any child that

resulted in the child receiving serious bodily injury,

or

d. subjected any child to aggravated circumstances

including, but not limited to, heinous and shocking

abuse or heinous and shocking neglect;

3. The parental rights of a parent to the child's sibling have

been terminated involuntarily;

4. The parent has been found by a court of competent

jurisdiction to have committed sexual abuse against the child or

another child of the parent; or

5. The parent is required to register with a sex offender

registry pursuant to Section 113(a) of the Adam Walsh Child

Protection and Safety Act of 2006, 42 U.S.C., Section 16913(a).

B. The court shall conduct a permanency hearing within thirty

(30) days of a determination by the court that any of the conditions

specified in subsection A of this section exist. Reasonable efforts

shall be made to place the child in a timely manner in accordance

with the permanency plan.
Okla. Stat. tit. 10A, § 10A-1-7-101 — OK Code / Title 10A / Section 10A-1-7-101
Duties and rights of persons or agencies receiving
Status: in_force

custody - Exception.

A. This section applies to persons, institutions, or agencies,

other than the Department of Human Services, which receive custody

of a child pursuant to a court order as provided by the Oklahoma

Children's Code.

B. 1. The person, institution, or agency receiving custody

shall have the right to, and shall be responsible for, the care and

control of the child, and shall have the duty and authority to

provide the following for the child:

a. food, clothing, and shelter,

b. medical care as authorized by the court,

c. education and discipline, and

d. encouragement of the emotional and developmental

growth of the child 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.

2. The person, institution, or agency may provide or arrange

for the emergency admission, inpatient evaluation, or inpatient

treatment of a child only pursuant to the Inpatient Mental Health

and Substance Abuse Treatment of Minors Act. Nothing in this

subsection shall be interpreted to prohibit or preclude the

provision of outpatient behavioral health services, including an

outpatient examination, counseling, educational, rehabilitative or

other similar services to such child, as necessary and appropriate,

in the absence of a specific court order for such services.

3. Nothing in this subsection shall be interpreted to:

a. relieve a parent of the obligation to provide for the

support of the child as otherwise provided by law, or

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 191

b. limit the authority of the court to order a parent to

make support payments or to make payments or

reimbursements for medical care or treatment,

including behavioral health care or treatment, to the

person, institution, or agency having custody of the

child, or

c. abrogate the right of the child to any benefits

provided through public funds for which the child is

otherwise eligible.

4. No person, agency, or institution shall be liable in a civil

suit for damages for authorizing or not authorizing medical care, as

determined by competent medical authority.

C. 1. If the child is placed in the custody of a person,

institution, or agency, whether in emergency, temporary, or

permanent custody, the person, institution, or agency shall ensure

the child is not returned to the care or supervision of any person

from whom the child was removed or to any person the court has

previously ordered not to have contact with the child without

specific authorization from the court.

2. The person, institution, or agency having legal custody of a

child pursuant to an order of the court shall receive notice of

court proceedings regarding the child and shall be allowed to

intervene upon application as a party to all court proceedings

pertaining to the care and custody of the child.

D. This section shall not apply when a parent or legal

custodian executes a power of attorney to delegate parental or legal

authority as authorized by Section 700 of Title 10 of the Oklahoma

Statutes.
Okla. Stat. tit. 10, § 10-7004-1.5 — OK Code / Title 10 / Section 10-7004-1.5
Renumbered as § 1-9-106 of Title 10A by Laws 2009, c
Status: in_force

233, § 298, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-27 — OK Code / Title 10 / Section 10-27
Renumbered as § 7202.2 of this title by Laws 1998, c. 415,
Status: in_force

§ 51, emerg. eff. June 11, 1998.
Okla. Stat. tit. 10, § 10-1405 — OK Code / Title 10 / Section 10-1405
Renumbered as § 7002-3.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-61.53 — OK Code / Title 10 / Section 10-61.53
Renumbered as § 60.53 of this title by Laws 1995 c. 353,
Status: in_force

§ 21, eff. Nov. 1, 1995.
Okla. Stat. tit. 10, § 10-7004-1.3 — OK Code / Title 10 / Section 10-7004-1.3
Renumbered as § 1-9-105 of Title 10A by Laws 2009, c
Status: in_force

233, § 297, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-175.5 — OK Code / Title 10 / Section 10-175.5
Rules and regulations
Status: in_force

(a) The Commission is hereby authorized and directed to

formulate and to be responsible for the administration and operation

of a comprehensive and detailed plan for the purposes specified in

Section 175.1 et seq. of this title, and to make such rules and

regulations as may be necessary or desirable for the administration

of this plan and the implementation of the provisions of this act.

(b) The Commission shall receive and expend in accordance with

such plan all necessary funds made available to it by the United

States government, by the state or its political subdivisions, or by

any other sources for such purposes.

(c) The Commission shall cooperate with the federal government,

through its appropriate agency, in developing, extending, and

improving such services, and in the administration of the plan.

(d) The Commission shall establish and maintain such methods of

administration, including those necessary to establish and maintain

a merit system of personnel administration, as are necessary for

effective and efficient operation of the plan; shall maintain

records and prepare reports of services rendered; and shall

cooperate with health, medical, dental, nursing and welfare agencies

and organizations, and with any other agency of this state charged

with the administration of laws providing for the vocational or

remedial rehabilitation of handicapped children.

(e) The Director is hereby authorized and directed to perform

all the duties and functions now performed by the Director of the

Oklahoma Commission for Crippled Children and such other duties

relating to the Children with Special Health Care Needs Program as

may be assigned to the Director by the Commission. The Director is

hereby authorized and directed, subject to the control of the

Commission, to set up in the Department of Public Welfare a unit to

be charged primarily with responsibility in the field of health

services for crippled children, including the planning, promoting

and coordinating of crippled children's services. The Director is

hereby authorized to delegate to the Supervisor of such unit of the

Department such authority as is necessary under the laws of the

federal government and rules and regulations promulgated by the

Secretary of Health, Education and Welfare, necessary to carry out

the provisions of this act, subject to the administrative

supervision of the Director.

(f) The Commission is authorized to create positions, fix

salaries and employ necessary professional and clerical personnel,

Oklahoma Statutes - Title 10. Children Page 63

to appoint advisory committees or consultants, and to pay necessary

travel expenses.

(g) The Commission shall have authority to provide for the

expenditure of all funds for the administration and operation of the

program as specified in this act, including payment for physician's

and dentist's services if payment is recommended by the council of

the Oklahoma State Medical Association or the Executive Council of

the Oklahoma Dental Association.

(h) The Commission is hereby authorized and directed to

formulate plans and procedures and to make such rules and

regulations as may be necessary for the care of children with

emergency conditions.
Okla. Stat. tit. 10A, § 10A-2-8-107 — OK Code / Title 10A / Section 10A-2-8-107
Failure to register or provide notification of change
Status: in_force

of name or address.

A. A juvenile sex offender who fails to register or provide

notification of a change of name or address is guilty of a

misdemeanor.

B. A parent or guardian who has custody and control of a

juvenile sex offender commits a misdemeanor offense of failure to

supervise a child if the juvenile offender fails to register or

provide notification of a change of name or address as required by

this act. A person convicted of this offense is punishable by a

fine of not more than One Thousand Dollars ($1,000.00).
Okla. Stat. tit. 10, § 10-1207 — OK Code / Title 10 / Section 10-1207
Renumbered as § 7305-1.7 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-1-8-103 — OK Code / Title 10A / Section 10A-1-8-103
Referees
Status: in_force

A. Any judge who is assigned to hear juvenile cases in counties

having a population in excess of eighty thousand (80,000) and where

funding is available may appoint a suitable person or persons to act

as referee or referees on a full-time or part-time basis, to hold

office at the pleasure of the judge. Referees shall be licensed to

practice law in this state and shall be specially qualified for

their duties. Reasonable compensation shall be fixed by the

presiding judge of the administrative district.

B. All referees are subject to the administrative authority and

assignment power of the chief judge of the juvenile court of the

county. The duties and powers of referees shall be to hear and

report all matters assigned by the chief juvenile judge and to

recommend findings of fact, conclusions of law, temporary and

interim orders, and final orders of judgment.

C. 1. Upon conclusion of the hearing, the referee shall

provide a copy in writing of the recommended findings, conclusions,

and orders to the parties, counsel, and the referring judge

instanter.

2. Unless stayed by order of the referee or the reviewing

judge, all orders of a referee shall become immediately effective

and shall continue in full force and effect until vacated or

modified upon rehearing by order of the reviewing judge. Any order

entered by a referee becomes a final order of the reviewing court

upon expiration of three (3) judicial days following its entry,

unless a review was ordered or requested. The chief judge of the

juvenile court may establish requirements that any or all

recommended orders of the referee must be expressly approved by the

reviewing judge before becoming effective.

D. 1. Any party, as well as the Department of Human Services

when the child is in the legal custody of the Department, may file a

written objection to the referee’s recommendations within three (3)

judicial days after notice of the recommendations. The objection

shall clearly specify the reason and grounds for the objection. On

receipt of the objection, the reviewing court shall set a hearing

date for the review. The objecting party shall promptly provide a

copy of the objection and notice of the review to the Department and

all parties to the action. Failure to file a timely request for

district court review shall constitute a waiver of any and all

objections to the recommendations of the referee.

2. The review of the district court shall be limited to a

review of the record developed before the referee.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 210

3. The court shall accept the findings of fact of the referee

unless they are clearly erroneous. After a review of the objection,

the court may confirm or reconfirm the recommendations, reject, or

modify them in whole or in part, receive further evidence, or remand

them with instructions.
Okla. Stat. tit. 10A, § 10A-1-7-107 — OK Code / Title 10A / Section 10A-1-7-107
Placement with siblings – Contact and visitation with
Status: in_force

siblings.

A. When two or more children in foster care are siblings, every

reasonable attempt should be made to place them in the same home,

except as provided in subsection B of this section. In making a

permanent placement, such children should be placed in the same

permanent home or, if the siblings are separated, should be allowed

contact or visitation with other siblings; provided, however, the

best interests of each sibling shall be the standard for determining

whether they should be placed in the same foster placement or

permanent placement, or allowed contact or visitation with other

siblings.

B. Siblings may be separated if the court and the Department of

Human Services find that placement of siblings together would be

contrary to the safety or well-being of any of the siblings, and:

1. One sibling has resided in a foster family home for six (6)

or more months and has established a relationship with the foster

family;

2. The siblings have never resided in the same home;

3. There is no established relationship between the siblings;

or

4. It is in the best interests of the child to remain in the

current foster family home placement.
Okla. Stat. tit. 10, § 10-7506-1.1 — OK Code / Title 10 / Section 10-7506-1.1
Paternity registry
Status: in_force

A. The Department of Human Services shall establish a

centralized paternity registry. The purpose of the registry is to:

1. Protect the parental rights of a putative father who may

wish to affirmatively assume responsibility for children he may have

fathered; and

2. Expedite adoptions of children whose biological fathers are

unwilling to assume responsibility for their children by registering

with the registry or otherwise acknowledging their children.

B. The father or putative father of a child born out of wedlock

may file:

Oklahoma Statutes - Title 10. Children Page 370

1. A notice of desire to receive notification of an adoption

proceeding concerning the minor pursuant to Section 7503-3.1 of this

title;

2. A notice of intent to claim paternity of the child pursuant

to this section or Section 7503-3.1 of this title;

3. An instrument acknowledging paternity of the child as

provided in Section 7503-3.1 of this title, or this section, and

Section 1-311.3 of Title 63 of the Oklahoma Statutes;

4. A waiver of interest pursuant to Section 7503-3.1 of this

title; or

5. Any other claim for acknowledging or denial of paternity

authorized by law.

C. The paternity registry shall also be available to any person

who:

1. Has been adjudicated by a court of another state or

territory of the United States to be the father of a minor by filing

a certified copy of the court order with the registry; or

2. Has been adjudicated by a court of this state to be the

father of a minor born out of wedlock.

D. The Department shall maintain the following information in

the registry:

1. The putative father's:

a. name,

b. address at which the putative father may be served

with notice of an adoption,

c. Social Security number,

d. date of birth, and

e. tribal affiliation, if any;

2. The mother's:

a. name, including all other names known to the putative

father that the mother uses, and

b. address, Social Security number, and date of birth, if

known;

3. The minor's name, date and place of birth, if known, or the

probable month and year of the expected birth of the minor;

4. The date that the Department receives a putative father's

registration;

5. The:

a. name of an attorney or child-placing agency that

requests the Department to search the registry to

determine whether a putative father is registered in

relation to a mother whose minor is or may be the

subject of an adoption, and

b. date that the attorney or agency submits a request as

provided under this paragraph;

Oklahoma Statutes - Title 10. Children Page 371

6. If the registration is based upon an adjudication by a court

of this or any other state, the case number, court, date of order,

judgment or decree, and a copy of the decree; and

7. Any other information that the Department determines is

necessary to access the information in the registry.

E. The Department shall store the registry's data in a manner

so that the data is accessible under the following:

1. The putative father's name;

2. The mother's name; and

3. The minor's name, if known.

F. A putative father who registers under this section shall

provide to the Department:

1. The putative father's:

a. name,

b. address at which the putative father may be served

with notice of an adoption,

c. Social Security number,

d. date of birth, and

e. tribal affiliation, if any;

2. The mother's name, including all other names known to the

putative father that the mother uses;

3. If the registration is based upon an adjudication by a court

of this or any other state, the case number, court, date of order,

judgment or decree, and a copy of the decree; and

4. Any other information described under subsection D of this

section that is known to the putative father.

G. 1. A person filing a notice of desire to receive

notification of an adoption proceeding concerning the minor, a

notice of intent to claim paternity of a minor or an acknowledgment

of paternity shall include therein his current address and shall

notify the registry of any change of address pursuant to procedures

prescribed by rules of the Department.

2. If a putative father does not have an address where the

putative father is able to receive notice of an adoption, the

putative father may designate another person as an agent for the

purpose of receiving notice of adoption. The putative father must

provide the Department with the agent's name and the address at

which the agent may be served.

3. Service of notice upon the agent constitutes service of

notice upon the putative father. If the agent cannot be served at

the address provided by the putative father, as provided in this

subsection, and if the putative father cannot be served because his

whereabouts are unknown, the putative father can be served by

publication pursuant to paragraph 3 of subsection B of Section 7505-

2.1 or paragraph 3 of subsection C of Section 7505-4.1 of this

title.

Oklahoma Statutes - Title 10. Children Page 372

H. An unrevoked notice of intent to claim paternity of a minor

or an instrument acknowledging paternity may be introduced in

evidence by any party in any proceeding in which such fact may be

relevant.

I. The Department, upon request, shall provide the names and

addresses of persons listed with the registry to any court or

authorized agency, and such other persons deemed necessary to

receive such information by the Department. The information shall

not be divulged to any other person except upon order of a court for

good cause shown.

J. The Department shall:

1. Provide the forms necessary for filing with the paternity

registry established by this section and shall make said forms

available to any father or putative father of a minor born out of

wedlock who wishes to file with the registry; and

2. Provide, from any available funds, for the publication and

statewide distribution to the public of information as to the

existence of the paternity registry, the procedures for entry into

the registry, and the consequences of failure to register.
Okla. Stat. tit. 10, § 10-83 — OK Code / Title 10 / Section 10-83
Liability of mother and father to support and educate child
Status: in_force

- Enforcement - Change of child's surname.

A. Both the mother of a child born out of wedlock and an

individual who has been legally determined to be the father of a

child by acknowledgment or by judicial or administrative order are

each liable for the support and education of the child.

B. 1. An action to establish or enforce the obligation of

support and education may be brought by either parent, or other

custodial person, or the guardian of the child, by the public

authority chargeable with the support of the child, or by the child.

Oklahoma Statutes - Title 10. Children Page 49

2. An action to enforce this obligation of support may be

brought within the time period specified by paragraph 8 of

subsection A of Section 95 of Title 12 of the Oklahoma Statutes.

3. If the parental rights of a mother or father are terminated

in an adoption proceeding, the obligation to support the child

ceases for the parent whose rights were terminated. Child support

arrearages are not affected by the adoption of the child.

4. The court may order the payments made to either parent,

other custodial person, or the guardian of the child, or to some

other person, corporation or agency to administer under the

supervision of the court.

C. An individual who has been legally determined to be the

father of a child pursuant to the Uniform Parentage Act shall be

ordered to pay all or a portion of the costs of the birth and the

reasonable expenses of providing for the child, provided that

liability for support provided before the determination of paternity

shall be imposed for two (2) years preceding the filing of the

action. The mother shall be liable for the reasonable expenses of

providing for the child to the same extent as the father and subject

to the same limitation of liability for any time she does not have

custody of the child prior to the establishment of paternity or an

order for support.

D. The amount of child support and other support including

amounts provided for in subsection C of this section shall be

ordered and reviewed in accordance with the child support guidelines

provided in Section 118 of Title 43 of the Oklahoma Statutes.

Interest shall accrue on the support amounts pursuant to Section 114

of Title 43 of the Oklahoma Statutes.

E. If both the mother and the father agree to change the

surname of the child to that of the father, the court may order the

name changed. Upon receipt of an order changing the child's

surname, the State Department of Health, Division of Vital Records,

shall correct its records and amend the birth certificate to reflect

the name change.
Okla. Stat. tit. 10, § 10-557.8 — OK Code / Title 10 / Section 10-557.8
Limited enforceability of an unvalidated agreement
Status: in_force

A. A gestational agreement that is not validated as provided by

the Oklahoma Gestational Agreement Act is unenforceable except to

the extent expressly provided by this act.

B. The parent-child relationship for a child born as a result

of an assisted reproduction procedure under a gestational agreement

that is not validated as provided by this act is determined as

otherwise provided by Oklahoma law.

C. A gestational agreement that has not been validated shall

nonetheless be enforceable to the extent it requires any party under

such gestational agreement to pay for or to reimburse any other

Oklahoma Statutes - Title 10. Children Page 112

party for any medical, legal or travel expenses incurred pursuant to

the gestational agreement.
Okla. Stat. tit. 10, § 10-7505-1.5 — OK Code / Title 10 / Section 10-7505-1.5
Visitation agreements between child, adoptive parents
Status: in_force

and birth relative.

A. If a child has resided with a birth relative before being

adopted, the adoptive parents and that birth relative may enter into

an agreement pursuant to the provisions of this section regarding

communication with, visitation of or contact between the child,

adoptive parents and the birth relative after or during pendency of

the adoption proceedings.

B. For purposes of this section, "birth relative" means a

parent, stepparent, grandparent, great grandparent, brother, sister,

uncle or aunt of a minor adoptee. This relationship may be by blood

or marriage. For an Indian child, birth relative includes members

of the extended family as defined by the laws or customs of the

Indian child's tribe or, in the absence of laws or customs, shall be

a person who is eighteen (18) years of age or older and who is the

Indian child’s great-grandparent, grandparent, aunt or uncle,

brother or sister, brother-in-law or sister-in-law, niece, nephew,

first or second cousins, or stepparent, as provided in the Indian

Child Welfare Act, United States Code, Title 25, Section 1903.

C. 1. An agreement regarding communication with, visitation of

or contact between the child, adoptive parents and a birth relative

Oklahoma Statutes - Title 10. Children Page 336

is not legally enforceable unless the terms of the agreement are

contained in a written court order entered in accordance with this

section.

2. An order must be sought and shall be filed in the adoption

action.

3. The court shall not enter a proposed order unless the terms

of the order have been approved in writing by the prospective

adoptive parents, and the birth relative who desires to be a party

to the agreement.

D. The court shall not enter a proposed order unless the court

finds that the communication, visitation or contact between the

child, the adoptive parents and the birth relative as agreed upon

and contained in the proposed order would be in the child's best

interests and poses no threat to the safety of the child or

integrity of the adoptive placement.

E. Failure to comply with the terms of an agreed order

regarding communication, visitation or contact that has been entered

by the court pursuant to this section shall not be grounds for:

1. Setting aside an adoption decree;

2. Revocation of a written consent to an adoption after that

consent has become irrevocable; or

3. An action for citation of indirect contempt of court.

F. 1. An agreed order entered pursuant to the provisions of

this section may be enforced or modified by filing a petition or

motion with the court that includes a certified copy of the order

granting the communication, contact or visitation, but only if the

petition or motion is accompanied by an affidavit with supporting

documentation that the parties have mediated or attempted to mediate

any dispute under the agreement or that the parties agree to a

proposed modification.

2. The prevailing party may be awarded reasonable attorney fees

and costs.

3. The court shall not modify an agreed order pursuant to this

section unless it finds that the modification is necessary to serve

the best interests of the child, and:

a. the modification is agreed to by the adoptive parent

and the birth relative, or

b. exceptional circumstances have arisen since the agreed

order was entered that justify modification of the

order.
Okla. Stat. tit. 10, § 10-1401 — OK Code / Title 10 / Section 10-1401
Renumbered as § 7302-6.6 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7700-501 — OK Code / Title 10 / Section 10-7700-501
Scope of article
Status: in_force

This article governs genetic testing of an individual to

determine parentage, whether the individual:

1. Voluntarily submits to testing; or

2. Is tested pursuant to an order of the court or the

Department of Human Services.
Okla. Stat. tit. 10A, § 10A-2-7-609 — OK Code / Title 10A / Section 10A-2-7-609
Facilities and residential programs – Legislative
Status: in_force

intent.

It is the intent of the Legislature that the facilities and

residential programs established or contracted by the Office of

Juvenile Affairs affirm the dignity of self and respect for others;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 439

promote the value of education, work, and self-discipline; and

develop useful skills and abilities that can be applied when the

juvenile is reintegrated into the community.
Okla. Stat. tit. 10, § 10-1139 — OK Code / Title 10 / Section 10-1139
Renumbered as § 7302-5.4 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-6-104 — OK Code / Title 10A / Section 10A-2-6-104
Inspection and disclosure of confidential records
Status: in_force

without court order.

A. In accordance with the Juvenile Offender Tracking Program

and Section 620.6 of Title 10 of the Oklahoma Statutes, the

confidential records listed in subsection A of Section 2-6-102 of

this title may be inspected and their contents disclosed without a

court order to:

1. Participating agencies;

2. The following, provided that the inspection of records and

disclosure authorized by this paragraph may be limited to summaries

or to information directly necessary for the purpose of such

inspection or disclosure:

a. pursuant to the provisions of this title, a person,

agency, hospital or clinic authorized or directed by

the court or by the Office of Juvenile Affairs to care

for, treat, examine, evaluate or supervise a child or

to treat, examine or evaluate the parent, legal

guardian or other adult person living in the home of

the child,

b. a legally recognized school that is not a

participating agency in which the child who is the

subject of the record is currently enrolled, and

c. individuals or agencies engaged in legitimate research

for educational, scientific or public purposes or for

the purpose of an audit authorized by law. No

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 382

information identifying the subjects of the records

shall be made available or disclosed unless it is

essential to the research or audit purpose.

B. Records and their contents disclosed without an order of the

court as provided by this section shall remain confidential. The

use of any information shall be limited to the purposes for which

disclosure is authorized. It shall be unlawful for any person to

furnish any confidential record or disclose any confidential

information contained in any juvenile record for commercial,

political or any other unauthorized purpose. Any person violating

the provisions of this subsection shall, upon conviction, be guilty

of a misdemeanor.
Okla. Stat. tit. 10A, § 10A-2-2-108 — OK Code / Title 10A / Section 10A-2-2-108
Examination by health care professionals - Order for
Status: in_force

treatment.

A. After a petition under the provisions of this article has

been filed, the court may order the child to be examined and

evaluated for medical issues, including behavioral health diagnoses,

by a physician or other appropriate professional to aid the court in

making the proper disposition concerning the child.

B. Whenever a child concerning whom a petition has been filed

appears to be in need of nursing, medical or surgical care, the

court may order the parent or other person responsible for the care

and support of the child to provide such care in a hospital or

otherwise. If the parent or other person fails to provide such

care, the court may, after due notice, enter an order therefor, and

the expense thereof, when approved by the court, shall be a charge

upon the county, but the court may adjudge that the person having

the duty under the law to support the child pay part or all of the

expenses of such care. In an emergency the court may, when health

or condition of the child may require it, cause the child to be

placed in a public hospital or institution for treatment or special

care, or in a private hospital or institution which will receive the

child for like purpose, and consent to emergency treatment or

surgery.
Okla. Stat. tit. 10, § 10-601.5 — OK Code / Title 10 / Section 10-601.5
Director - Powers and duties
Status: in_force

A. The Oklahoma Commission on Children and Youth shall appoint

a Director who shall be a person having experience in the operation

and administration of services to children and youth. Such Director

shall be appointed for a term of two (2) years and may be

reappointed. Such Director may be dismissed only for cause. The

Director shall:

1. Employ such staff as may be necessary to perform the duties

of the Commission, with the advice and approval of the Commission;

2. Prepare an annual report summarizing the activities of the

Oklahoma Commission on Children and Youth for the previous fiscal

Oklahoma Statutes - Title 10. Children Page 147

year, other reports as necessary and appropriate, and an annual

budget for the approval of the Commission;

3. Formulate and recommend rules and regulations for approval

or rejection by the Commission;

4. Serve as chief executive officer of the Oklahoma Commission

on Children and Youth; and

5. Act as agent as authorized for the Commission in the

performance of its duties.

B. The Director may periodically convene issue-specific task

groups for the purpose of improving services for children and youth.

A copy of any report or recommendations which result from meetings

of a task group shall be provided to the Commission, Governor,

Speaker of the House of Representatives, President Pro Tempore of

the Senate and the director of each state agency affected by the

report or recommendations.
Okla. Stat. tit. 10, § 10-7003-5.6b — OK Code / Title 10 / Section 10-7003-5.6b
Renumbered as § 1-9-122 of Title 10A by Laws 2009, c. 233, § 314, emerg. eff. May
Status: in_force

Oklahoma Statutes - Title 10. Children Page 14c. 233, § 314, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-116f — OK Code / Title 10 / Section 10-116f
Secretaries to probation officer - Duties - Salary
Status: in_force

The probation officer authorized under the provisions of 10

O.S.1951, Section 116, shall be authorized to employ not more than

three secretaries, subject to confirmation of such appointment by a

majority of the judges of the courts of record of such county, and

such secretaries may be assigned, in addition to the normal duties

of a secretary, certain responsibilities and powers relating to

probational functions as the probation officer may direct upon

approval of such assignment by such judges. The salary of such

secretary shall be determined and fixed by such judges at not more

than Four Thousand Eight Hundred Dollars ($4,800.00) nor less than

Two Thousand Four Hundred Dollars ($2,400.00) per annum.
Okla. Stat. tit. 10, § 10-7302-9.2 — OK Code / Title 10 / Section 10-7302-9.2
Renumbered as § 2-7-902 of Title 10A by Laws 2009, c
Status: in_force

234, § 177, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1210 — OK Code / Title 10 / Section 10-1210
Renumbered as § 7305-1.10 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-20 — OK Code / Title 10 / Section 10-20
Renumbered as § 1.1 of Title 76 by Laws 2009, c. 233, §
Status: in_force

203, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-802 — OK Code / Title 10 / Section 10-802
Family Representation and Advocacy Program Revolving Fund
Status: in_force

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

fund for the Administrative Office of the Courts to be designated

the “Family Representation and Advocacy Program Revolving Fund”.

The fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of all monies received by the

Administrative Office of the Courts for child and indigent parent,

legal guardian, and Indian custodian legal and interdisciplinary

representation services to be provided by the Family Representation

Oklahoma Statutes - Title 10. Children Page 182

and Advocacy Program. The revolving fund shall include funds

appropriated to the fund, federal funds, gifts, donations, and

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

appropriated and may be budgeted and expended by the Administrative

Office of the Courts for the purpose of administering the Family

Representation and Advocacy Program and for the provision of legal

and interdisciplinary services to indigent parents and children by

and through the Family Representation and Advocacy Program. By

January 31, 2024, and by January 31 of each year thereafter, the

Administrative Office of the Courts shall disburse funds from the

Family Representation and Advocacy Program Revolving Fund to the

contracted eligible organization.

B. The Administrative Office of the Courts shall allocate and

expend funds from the Family Representation and Advocacy Program

Revolving Fund to provide for the necessary operating costs of the

Family Representation and Advocacy Program including court-appointed

legal and interdisciplinary representation to children, indigent

parents, legal guardians, or Indian custodians in proceedings

governed by the Oklahoma Children’s Code, to the extent that funds

are available from the Family Representation and Advocacy Program

Revolving Fund. The Administrative Office of the Courts shall

allocate and expend these funds pursuant to the contract with the

eligible organization. The Administrative Office of the Courts may

charge an administrative fee as provided in subsection D of this

section for administering the contract.

C. The eligible organization that contracts to operate and

manage the Family Representation and Advocacy Program to provide

legal and interdisciplinary services shall maintain books and

records in accordance with generally accepted accounting principles.

The books and records shall account for the receipt and expenditure

of all funds paid pursuant to contract. Books and records shall be

maintained for a period of five (5) years from the close of the

fiscal year of the contract period. The State Auditor and Inspector

may audit each organization annually. The necessary expense of each

audit including but not limited to the cost of typing, printing, and

binding shall be paid from funds of the organization.

D. The Administrative Office of the Courts may use up to two

and one-half percent (2.5%) of the funds deposited in the Family

Representation and Advocacy Program Revolving Fund in any given

fiscal year to provide financial support staff, financial data entry

staff and facilities, and operating assistance for the Family

Representation Program Advisory Board.

E. An annual report issued by the Administrative Office of the

Courts outlining performance measures for the Family Representation

and Advocacy Program and recommendations for ongoing appropriations

shall be transmitted to the Governor, the President Pro Tempore of

Oklahoma Statutes - Title 10. Children Page 183

the Oklahoma Senate and the Speaker of the House of Representatives

no later than December 31 of each year.
Okla. Stat. tit. 10A, § 10A-2-2-503 — OK Code / Title 10A / Section 10A-2-2-503
Disposition orders - Revocation, modification and
Status: in_force

redisposition.

A. The following kinds of orders of disposition may be made in

respect to children adjudicated in need of supervision or

delinquent:

1. The court may place the child on probation with or without

supervision in the home of the child, or in the custody of a

suitable person, upon such conditions as the court shall determine.

If the child is placed on probation in a county having a juvenile

bureau, the court may impose a probation fee of not more than

Twenty-five Dollars ($25.00) per month, if the court finds that the

child or parent or legal guardian of the child has the ability to

pay the fee. In counties having a juvenile bureau, the fee shall be

paid to the juvenile bureau; in all other counties, no fee shall be

paid to the Office of Juvenile Affairs;

2. If it is consistent with the welfare of the child, the child

shall be placed with the parent or legal guardian of the child, but

if it appears to the court that the conduct of such parent,

guardian, legal guardian, stepparent or other adult person living in

the home has contributed to the child becoming delinquent or in need

of supervision, the court may issue a written order specifying

conduct to be followed by such parent, guardian, legal custodian,

stepparent or other adult person living in the home with respect to

such child. The conduct specified shall be such as would reasonably

prevent the child from continuing to be delinquent or in need of

supervision.

a. If it is consistent with the welfare of the child, in

cases where the child has been adjudicated to be in

need of supervision due to repeated absence from

school, the court may order counseling and treatment

for the child and the parents of the child to be

provided by the local school district, the county, the

Office or a private individual or entity. Prior to

final disposition, the court shall require that it be

shown by the appropriate school district that a child

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 309

found to be truant has been evaluated for learning

disabilities, hearing and visual impairments and other

impediments which could constitute an educational

handicap or has been evaluated to determine whether

the child has a disability if it is suspected that the

child may require special education services in

accordance with the Individuals with Disabilities

Education Act (IDEA). The results of such tests shall

be made available to the court for use by the court in

determining the disposition of the case.

b. In issuing orders to a parent, guardian, legal

guardian, stepparent or other adult person living in

the home of a child adjudicated to be a delinquent

child or in making other disposition of said

delinquent child, the court may consider the testimony

of said parent, guardian, legal guardian, stepparent

or other adult person concerning the behavior of the

juvenile and the ability of such person to exercise

parental control over the behavior of the juvenile.

c. In any dispositional order involving a child age

sixteen (16) or older, the court shall make a

determination, where appropriate, of the services

needed to assist the child to make the transition to

independent living.

d. No child who has been adjudicated in need of

supervision only upon the basis of truancy or

noncompliance with the mandatory school attendance law

shall be placed in a public or private institutional

facility or be removed from the custody of the lawful

parent, guardian or custodian of the child.

e. Nothing in the Oklahoma Juvenile Code or the Oklahoma

Children's Code may be construed to prevent a child

from being adjudicated both deprived and delinquent if

there exists a factual basis for such a finding;

3. The court may commit the child to the custody of a private

institution or agency, including any institution established and

operated by the county, authorized to care for children or to place

them in family homes. In committing a child to a private

institution or agency, the court shall select one that is licensed

by any state department supervising or licensing private

institutions and agencies; or, if such institution or agency is in

another state, by the analogous department of that state. Whenever

the court shall commit a child to any institution or agency, it

shall transmit with the order of commitment a summary of its

information concerning the child, and such institution or agency

shall give to the court such information concerning the child as the

court may at any time require;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 310

4. The court may order the child to receive counseling or other

community-based services as necessary;

5. The court may commit the child to the custody of the Office

of Juvenile Affairs. Any order adjudicating the child to be

delinquent and committing the child to the Office of Juvenile

Affairs shall be for an indeterminate period of time;

6. If the child has been placed outside the home, and it

appears to the court that the parent, guardian, legal custodian, or

stepparent, or other adult person living in the home has contributed

to the child becoming delinquent or in need of supervision, the

court may order that the parent, guardian, legal custodian,

stepparent, or other adult living in the home be made subject to any

treatment or placement plan prescribed by the Office or other person

or agency receiving custody of the child;

7. With respect to a child adjudicated a delinquent child, the

court may:

a. for acts involving criminally injurious conduct as

defined in Section 142.3 of Title 21 of the Oklahoma

Statutes, order the child to pay a victim compensation

assessment in an amount not to exceed that amount

specified in Section 142.18 of Title 21 of the

Oklahoma Statutes. The court shall forward a copy of

the adjudication order to the Crime Victims

Compensation Board for purposes of Section 142.11 of

Title 21 of the Oklahoma Statutes. Except as

otherwise provided by law, such adjudication order

shall be kept confidential by the Board,

b. order the child to engage in a term of community

service without compensation. The state or any

political subdivision shall not be liable if a loss or

claim results from any acts or omission of a child

ordered to engage in a term of community service

pursuant to the provisions of this paragraph,

c. order the child, the parent or parents of the child,

legal guardian of the child, or both the child and the

parent or parents of the child or legal guardian at

the time of the delinquent act of the child to make

full or partial restitution to the victim of the

offense which resulted in property damage or personal

injury.

(1) The court shall notify the victim of the

dispositional hearing. The court may consider a

verified statement from the victim concerning

damages for injury or loss of property and actual

expenses of medical treatment for personal

injury, excluding pain and suffering. If

contested, a restitution hearing to determine the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 311

liability of the child, the parent or parents of

the child, or legal guardian shall be held not

later than thirty (30) days after the disposition

hearing and may be extended by the court for good

cause. The parent or parents of the child or

legal guardian may be represented by an attorney

in the matter of the order for remittance of the

restitution by the parent or parents of the child

or legal guardian. The burden of proving that

the amount indicated on the verified statement is

not fair and reasonable shall be on the person

challenging the fairness and reasonableness of

the amount.

(2) Restitution may consist of monetary reimbursement

for the damage or injury in the form of a lump

sum or installment payments after the

consideration of the court of the nature of the

offense, the age, physical and mental condition

of the child, the earning capacity of the child,

the parent or parents of the child, or legal

guardian, or the ability to pay, as the case may

be. The payments shall be made to such official

designated by the court for distribution to the

victim. The court may also consider any other

hardship on the child, the parent or parents of

the child, or legal guardian and, if consistent

with the welfare of the child, require community

service in lieu of restitution or require both

community service and full or partial restitution

for the acts of delinquency by the child.

(3) A child who is required to pay restitution and

who is not in willful default of the payment of

restitution may at any time request the court to

modify the method of payment. If the court

determines that payment under the order will

impose a manifest hardship on the child, the

parent or parents of the child, or legal

guardian, the court may modify the method of

payment.

(4) If the restitution is not being paid as ordered,

the official designated by the court to collect

and disburse the restitution ordered shall file a

written report of the violation with the court.

The report shall include a statement of the

amount of the arrearage and any reasons for the

arrearage that are known by the official. A copy

of the report shall be provided to all parties

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 312

and the court shall promptly take any action

necessary to compel compliance.

(5) Upon the juvenile attaining eighteen (18) years

of age, the court shall determine whether the

restitution order has been satisfied. If the

restitution order has not been satisfied, the

court shall enter a judgment of restitution in

favor of each person entitled to restitution for

the unpaid balance of any restitution ordered

pursuant to this subparagraph. The clerk of the

court shall send a copy of the judgment of

restitution to each person who is entitled to

restitution. The judgment shall be a lien

against all property of the individual or

individuals ordered to pay restitution and may be

enforced by the victim or any other person or

entity named in the judgment to receive

restitution in the same manner as enforcing

monetary judgments. The restitution judgment

does not expire until paid in full and is deemed

to be a criminal penalty for the purposes of a

federal bankruptcy involving the child,

d. order the child to pay the fine which would have been

imposed had such child been convicted of such crime as

an adult. Any such fine collected pursuant to this

paragraph shall be deposited in a special Work

Restitution Fund to be established by the court to

allow children otherwise unable to pay restitution to

work in community service projects in the private or

public sector to earn money to compensate their

victims,

e. order the cancellation or denial of driving privileges

as provided by Sections 6-107.1 and 6-107.2 of Title

47 of the Oklahoma Statutes,

f. sanction detention in the residence of the child or

facility designated by the Office of Juvenile Affairs

or the juvenile bureau for such purpose for up to five

(5) days, order weekend detention in a place other

than a juvenile detention facility or shelter,

tracking, or house arrest with electronic monitoring,

and

g. impose consequences, including detention as provided

for in subparagraph f of this paragraph, for

postadjudicatory violations of probation;

8. The court may order the child to participate in the Juvenile

Drug Court Program;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 313

9. The court may dismiss the petition or otherwise terminate

its jurisdiction at any time for good cause shown; and

10. In any dispositional order removing a child from the home

of the child, the court shall, in addition to the findings required

by Section 2-2-105 of this title, make a determination that, in

accordance with the best interests of the child and the protection

of the public, reasonable efforts have been made to provide for the

return of the child to the home of the child, or that efforts to

reunite the family are not required as provided in Section 2-2-105

of this title, and reasonable efforts are being made to finalize an

alternate permanent placement for the child.

B. Prior to adjudication or as directed by a law enforcement

subpoena or court order, a school district may disclose educational

records to the court or juvenile justice system for purposes of

determining the ability of the juvenile justice system to

effectively serve a child. Any disclosure of educational records

shall be in accordance with the requirements of the Family

Educational Rights and Privacy Act of 1974 (FERPA). If the parent,

guardian, or custodian of a child adjudicated a delinquent child

asserts that the child has approval not to attend school pursuant to

Section 10-105 of Title 70 of the Oklahoma Statutes, the court or

the Office of Juvenile Affairs may require the parent to provide a

copy of the written, joint agreement to that effect between the

school administrator of the school district where the child attends

school and the parent, guardian, or custodian of the child.

C. With respect to a child adjudicated a delinquent child for a

violent offense, within thirty (30) days of the date of the

adjudication either the juvenile bureau in counties which have a

juvenile bureau or the Office of Juvenile Affairs in all other

counties shall notify the superintendent of the school district in

which the child is enrolled or intends to enroll of the delinquency

adjudication and the offense for which the child was adjudicated.

D. No child who has been adjudicated in need of supervision may

be placed in a secure facility.

E. No child charged in a state or municipal court with a

violation of state or municipal traffic laws or ordinances, or

convicted therefor, may be incarcerated in jail for the violation

unless the charge for which the arrest was made would constitute a

felony if the child were an adult. Nothing contained in this

subsection shall prohibit the detention of a juvenile for traffic-

related offenses prior to the filing of a petition in the district

court alleging delinquency as a result of the acts and nothing

contained in this section shall prohibit detaining a juvenile

pursuant to Section 2-2-102 of this title.

F. The court may revoke or modify a disposition order and may

order redisposition. The child whose disposition is being

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 314

considered for revocation or modification at said hearing shall be

afforded the following rights:

1. Notice by the filing of a motion for redisposition by the

district attorney. The motion shall be served on the child and the

parent or legal guardian of the child at least five (5) business

days prior to the hearing;

2. The proceedings shall be heard without a jury and shall

require establishment of the facts alleged by a preponderance of the

evidence;

3. During the proceeding, the child shall have the right to be

represented by counsel, to present evidence, and to confront any

witness testifying against the child;

4. Any modification, revocation or redisposition removing the

child from the physical custody of a parent or guardian shall be

subject to review on appeal, as in other appeals of delinquent

cases;

5. If the child is placed in secure detention, bail may be

allowed pending appeal; and

6. The court shall not enter an order removing the child from

the custody of a parent or legal guardian pursuant to this section

unless the court first finds that reasonable efforts have been made

to maintain the family unit and prevent the unnecessary removal of

the child from the home of the child or that an emergency exists

which threatens the safety of the child and that:

a. such removal is necessary to protect the public,

b. the child is likely to sustain harm if not immediately

removed from the home,

c. allowing the child to remain in the home is contrary

to the welfare of the child, or

d. immediate placement of the child is in the best

interests of the child.

The court shall state in the record that such considerations

have been made. Nothing in this section shall be interpreted to

limit the authority or discretion of the agency providing probation

supervision services to modify the terms of probation including, but

not limited to, curfews, imposing community service, or any

nondetention consequences.

G. A willful violation of any provision of an order of the

court issued under the provisions of the Oklahoma Juvenile Code

shall constitute indirect contempt of court and shall be punishable

by a fine not to exceed Three Hundred Dollars ($300.00) or, as to a

delinquent child, placement in a juvenile detention center for not

more than ten (10) days, or by both such fine and detention.
Okla. Stat. tit. 10, § 10-1116.4 — OK Code / Title 10 / Section 10-1116.4
Disclosure of certain information prohibited -
Status: in_force

Exceptions.

No member of a postadjudication review board or staff member of

such board may disclose any information regarding individual cases

acquired from case reviews or be compelled to disclose such

information except:

1. When such information pertains to criminal acts or

violations of any law;

2. When the child was the victim of a crime. The members of

the board or staff member of such board may be required by a court

of competent jurisdiction to testify at any proceeding in which the

commission of such a crime is the subject of inquiry; or

3. When the person waives the privilege by bringing charges

against the board.

Nothing in this act shall be construed to prohibit any board

member or staff member of such board from testifying in court

hearings concerning matters of adoption, child abuse, child neglect,

or matters pertaining to the welfare of children or from seeking

collaboration or consultation with professional colleagues and

administrative superiors on behalf of the child, parent or parents

of the child.

Any person participating in a judicial proceeding as a

postadjudication review board member shall be presumed prima facie

to be acting in good faith and in so doing shall be immune from any

civil liability that otherwise might be incurred or imposed.
Okla. Stat. tit. 10A, § 10A-2-7-605 — OK Code / Title 10A / Section 10A-2-7-605
Run away or AWOL from a staff secure or nonsecure
Status: in_force

placement.

A. Upon discovery that a juvenile or youthful offender has run

away or is absent without leave (AWOL) from a staff-secure or

nonsecure placement, the Office of Juvenile Affairs may notify any

law enforcement officer or agency in this state who shall use any

reasonable method to notify law enforcement agencies and personnel.

All law enforcement agencies and personnel shall be authorized to

apprehend and detain such juvenile or youthful offender.

B. 1. Running away or being absent without leave (AWOL) by a

juvenile from a staff-secure or nonsecure placement shall be

considered by the court of juvenile jurisdiction as a delinquent

act.

2. Running away or being absent without leave (AWOL) by a

youthful offender from a staff-secure or nonsecure placement may be

considered by the court of juvenile jurisdiction as grounds for

bridging the youthful offender to the adult system.
Okla. Stat. tit. 10A, § 10A-2-2-107 — OK Code / Title 10A / Section 10A-2-2-107
Summons – Warrant - Service
Status: in_force

A. After a petition shall have been filed, unless the parties

provided for in this section shall voluntarily appear, a summons

shall be issued which shall recite briefly the nature of the

proceeding with the phrase "as described more fully in the attached

petition" and requiring the person or persons who have the custody

or control of the child to appear personally and bring the child

before the court at a time and place stated. The summons shall

state the relief requested, and shall set forth the right of the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 287

child, parents and other interested parties to have an attorney

present at the hearing on the petition.

B. The summons shall be served on the person who has actual

custody of the child, and if the child has reached the age of twelve

(12) years, a copy shall be served on the child. If the person who

has actual custody of the child shall be other than a parent or

guardian of the child, a copy of the summons shall be served on the

parent or guardian, or both. A copy of the summons shall be served

on a custodial parent, guardian or next friend. If no parent or

guardian can be found, a summons shall be served on such other

person or persons as the court shall designate.

Summons may be issued requiring the appearance of any other

person whose presence is necessary.

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 said person.

D. Service of summons shall be made as provided for service in

civil actions.

1. The court shall not hold the hearing until at least forty-

eight (48) hours after the service of the summons, except with the

consent of the parent or guardian of the child.

2. If the parent of the child 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, except with the consent of

the parent.

E. If after a petition has been filed, it appears that the

child is in such condition or surroundings that the welfare of the

child requires that custody be immediately assumed by the court, the

judge may immediately issue a detention order or warrant authorizing

the taking of said child into emergency custody. Any such child

shall not be considered to be in the custody of the Office of

Juvenile Affairs.

F. In a delinquency proceeding, whenever a warrant for the

arrest of a child shall issue, it shall state the offense the child

is being charged with having committed. Warrants for the arrest or

detention of a child shall comport with all other requirements of

issuance of arrest warrants for adult criminal offenders.

G. In case the summons cannot be served, or the parties served

fail to obey the same, or in any case when it shall be made to

appear to the judge that the service will be ineffectual or that the

welfare of the child requires that the child should be brought into

the custody of the court, a warrant may be issued against the parent

or guardian or against the child. Nothing in this section shall be

construed to authorize placement of a child in secure detention who

is not eligible for secure detention pursuant to Section 2-3-101 of

this title.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 288
Okla. Stat. tit. 10, § 10-1612 — OK Code / Title 10 / Section 10-1612
Renumbered as § 512 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-175.10 — OK Code / Title 10 / Section 10-175.10
Applications for crippled children's services
Status: in_force

(a) Applications for crippled children's services on behalf of a

child may be made directly to the Commission by a court, by a county

welfare director, or by a parent, physician, osteopath, dentist,

county health official, child welfare worker or consultant, or by

any other interested person or agency. The Director on behalf of

the Commission may accept or reject any such application. Upon

acceptance of an application, the Director on behalf of the

Commission shall determine the extent of eligibility for care in

accordance with the provisions of this Act; provided, that nothing

in this Section shall interfere with the administration and

operation of emergency plans and procedures as authorized in Section

175.5, subsection (h), of this Title.

(b) The Commission may collect in whole or in part reimbursement

from the parent or other person or volunteer agency for services

provided for the child, provided that no child shall be denied

services because of financial inability on the part of the family or

legal guardian.

(c) Any charges for services provided by the Commission under

authority granted by this Act based upon application made by the

county welfare director becomes payable to the Commission in whole

or in part from the respective children's budget account, provided

for in Section 175.11 of this Title. Collections shall be based

upon terms agreed upon by the Commission and the respective county

welfare director.

(d) Any charges for services provided by the Commission under

authority granted by this Act based upon application made by a

county welfare director that are not reimbursed from the County

Crippled Children's Budget Account and any charges for services

Oklahoma Statutes - Title 10. Children Page 65

provided by the Commission upon application made by a child welfare

worker of the Department of Public Welfare become payable from the

sums allocated and appropriated for the purpose of carrying out the

provisions of this Act, upon certification and approval of the

claims by the Director.
Okla. Stat. tit. 10A, § 10A-1-4-703 — OK Code / Title 10A / Section 10A-1-4-703
Examination of child – Investigation of home
Status: in_force

environment – Placement hearing.

A. After a petition has been filed, the court may order the

child to be examined and evaluated by a physician or other

appropriate professional to aid the court in making the proper

disposition concerning the child. The court may order a behavioral

health evaluation of a child as provided by the Inpatient Mental

Health and Substance Abuse Treatment of Minors Act.

B. After adjudication and at the request of a judge in any

juvenile proceeding, the Department of Human Services shall

investigate the home conditions and environment of the child and the

financial ability, occupation and earning capacity of the parent,

legal guardian or custodian of the child. Upon request by the court

of another state, the Department may conduct a similar

investigation.

C. Within sixty (60) days of the start of each placement of a

child in a qualified residential treatment program as defined in

Section 1-1-105 of this title, the court shall set a hearing to:

1. Consider the assessment, determination, and documentation

made by the qualified individual conducting the assessment and

submitted as part of the Department's written report;

2. Determine whether the needs of the child can be met through

placement in a foster family home or, if not, determine whether

placement of the child in a qualified residential treatment program

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 110

provides the most effective and appropriate level of care for the

child in the least restrictive environment;

3. Determine whether the child's current placement is

consistent with the short-term and long-term goals for the child, as

specified in the permanency plan for the child; and

4. Approve or disapprove the placement.
Okla. Stat. tit. 10, § 10-405.3 — OK Code / Title 10 / Section 10-405.3
Online Restricted Registry
Status: in_force

A. The Department of Human Services shall promulgate rules to

establish and maintain the Restricted Registry, accessible to the

public through an online database, to address:

1. A procedure for recording individuals on the Restricted

Registry resulting from:

a. a substantiated finding of abuse or neglect, as

defined in Section 1-1-105 of Title 10A of the

Oklahoma Statutes, by an individual when the abuse or

neglect occurred to a child while in the care of a

facility licensed, certified, operated or contracted

by or with the Department or the Office of Juvenile

Affairs. The provisions of this subparagraph shall

apply to:

(1) the Central Oklahoma Juvenile Center, the

Oklahoma Juvenile Center for Girls and the

Southwest Oklahoma Juvenile Center upon the

effective date of this act, and

(2) facilities licensed by, certified by or

contracting with the Office of Juvenile Affairs

after November 1, 2018,

b. a revocation or denial of a child care facility

license, and

c. a specified criminal history of an individual, as

defined by rules promulgated by the Department;

2. A procedure to provide notice and an opportunity for review

to the individual and, if the individual is an employee of a

facility licensed, certified, operated or contracted by or with the

Office of Juvenile Affairs, to the facility prior to recording an

individual on the Restricted Registry;

3. Disclosure requirements for information on the Restricted

Registry; and

4. A procedure to prohibit licensure, ownership, employment,

unsupervised access to children or residence in a facility or

Oklahoma Statutes - Title 10. Children Page 88

program licensed, certified, operated or contracted with by the

Department or the Office of Juvenile Affairs.

B. The Restricted Registry shall include, but not be limited

to:

1. The full name of the individual;

2. Information necessary to identify the individual; and

3. The date the individual was recorded on the Restricted

Registry.

C. Nothing in this section shall be construed as to permit the

placement of an operator of a child care facility on the Restricted

Registry unless the operator:

1. Is the subject of a substantiated finding of child abuse or

neglect;

2. Has been subject to a revocation or denial of a child care

facility license; or

3. Has a specified criminal history, as defined by rules

promulgated by the Department.
Okla. Stat. tit. 10, § 10-557.9 — OK Code / Title 10 / Section 10-557.9
Procedure to obtain court validation
Status: in_force

The following shall be the procedure to request that the court

validate a gestational agreement:

1. Any one or more of the parties to a gestational agreement

shall file a petition to validate the gestational agreement in a

district court having jurisdiction as provided by the Oklahoma

Gestational Agreement Act;

2. A petition to validate the gestational agreement shall, at a

minimum, provide:

a. the names and current addresses, if known, of each

party to the gestational agreement,

b. allegations setting forth the satisfaction of this

act's requirements for a gestational agreement and the

parties thereto,

c. if any of the parties to a gestational agreement have

not joined the petition, the identity of such parties

and, if known, the reasons such parties have not

joined the petition,

d. whether or not any assisted reproduction procedures

have taken place as part of the gestational carrier

arrangement and, if so, the date of each such

procedure and whether such procedures have resulted in

pregnancy of the gestational carrier, and

e. a request that the court validate the gestational

agreement, as well as a request setting forth any

additional relief sought in connection with the

validation of the gestational agreement;

3. A complete, unredacted copy of the gestational agreement

must be attached to the petition;

4. The petitioner shall attach affidavits, declarations,

statements, other evidence or any combination thereof to the

petition to support the allegations in the petition regarding the

satisfaction of the requirements of this act and to aid the court in

its determination of whether the requirements to validate the

gestational agreement have been met; and

5. Any party not joining the petition to validate shall be

served with a copy of the petition to validate and a summons in the

same manner as in civil cases. After being so duly served, the

nonjoining party shall answer and respond to the petition to

validate within ten (10) days and shall provide allegations and

evidence to aid the court in its determination of whether the

requirements to validate the gestational agreement have been met.

The failure of any nonjoining party to answer or otherwise respond

Oklahoma Statutes - Title 10. Children Page 113

after being duly served shall not prevent the court from validating

a gestational agreement if the requirements of this act are

otherwise satisfied.
Okla. Stat. tit. 10, § 10-7303-1.4 — OK Code / Title 10 / Section 10-7303-1.4
Renumbered as § 2-2-105 of Title 10A by Laws 2009, c
Status: in_force

234, § 178, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7303-5.6 — OK Code / Title 10 / Section 10-7303-5.6
Renumbered as § 2-2-506 of Title 10A by Laws 2009, c
Status: in_force

234, § 181, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-62 — OK Code / Title 10 / Section 10-62
Renumbered as § 7510-3.2 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7700-623 — OK Code / Title 10 / Section 10-7700-623
Admission of paternity
Status: in_force

A. A respondent in a proceeding to adjudicate parentage may

admit to the paternity of a child by filing a pleading to that

effect or by admitting paternity under penalty of perjury when

making an appearance or during a hearing.

B. If the court finds that the admission of paternity satisfies

the requirements of this section and finds that there is no reason

to question the admission, the court shall issue an order

adjudicating the child to be the child of the man admitting

paternity.

Oklahoma Statutes - Title 10. Children Page 411
Okla. Stat. tit. 10A, § 10A-2-8-112 — OK Code / Title 10A / Section 10A-2-8-112
Rules, procedures, and forms
Status: in_force

The Office of Juvenile Affairs shall promulgate rules,

procedures, and forms necessary for the implementation of a juvenile

sex offender registry.
Okla. Stat. tit. 10, § 10-1105 — OK Code / Title 10 / Section 10-1105
Renumbered as § 7003-3.5 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7700-304 — OK Code / Title 10 / Section 10-7700-304
Execution of acknowledgment and denial – Effective
Status: in_force

date – Execution by minors.

A. An acknowledgment of paternity and a denial of paternity may

be executed separately or simultaneously. If the acknowledgment and

denial are both necessary, neither is valid until both are executed.

B. An acknowledgment of paternity or a denial of paternity may

be signed before the birth of the child.

C. Subject to subsection A of this section, an acknowledgment

of paternity or denial of paternity takes effect on the birth of the

child or the execution of the document, whichever occurs later.

D. An acknowledgment of paternity or denial of paternity signed

by a minor is valid if it is otherwise in compliance with the

Uniform Parentage Act.
Okla. Stat. tit. 10, § 10-61.56 — OK Code / Title 10 / Section 10-61.56
Renumbered as § 60.56 of this title by Laws 1995, c
Status: in_force

353, § 21, eff. Nov. 1, 1995.
Okla. Stat. tit. 10, § 10-60.18a — OK Code / Title 10 / Section 10-60.18a
Renumbered as § 7505-1.4 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7601 — OK Code / Title 10 / Section 10-7601
Renumbered as § 2201 of Title 27A by Laws 2006, c. 226, §
Status: in_force

6, emerg. eff. June 6, 2006.
Okla. Stat. tit. 10A, § 10A-1-4-506 — OK Code / Title 10A / Section 10A-1-4-506
Taking testimony of child age 12 or under in room
Status: in_force

other than courtroom - Recording.

A. This section shall apply only to a proceeding brought under

the Oklahoma Children's Code in which a child at the time of the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 101

testimony is alleged or adjudicated to be deprived, and shall apply

only to the testimony of that child or other child witness.

B. 1. When appropriate facilities are reasonably available,

the court shall, on the motion of a party to the proceeding, order

that the testimony of the child be taken in a room other than the

courtroom and be televised by closed-circuit equipment in the

courtroom for review by:

a. the court,

b. the finder of fact, and

c. the parties to the proceeding.

2. Only an attorney for each party, an attorney ad litem for

the child, a guardian ad litem for the child or other person whose

presence would contribute to the welfare and well-being of the

child, and persons necessary to operate the equipment may be present

in the room with the child during the testimony of the child.

3. Only the attorneys for the parties may question the child.

The persons operating the equipment shall be confined to an adjacent

room or behind a screen or mirror that permits them to see and hear

the child during the testimony of the child, but does not permit the

child to see or hear them.

C. 1. The court shall, on the motion of a party to the

proceeding, order that the testimony of the child be taken outside

the courtroom and be recorded for showing in the courtroom before:

a. the court,

b. the finder of fact, and

c. the parties to the proceeding.

2. Only those persons permitted to be present at the taking of

testimony under subsection B of this section may be present during

the taking of the child's testimony.

3. Only the attorneys for the parties may question the child,

and the persons operating the equipment shall be confined from the

child's sight and hearing. The court shall ensure that:

a. the recording is both visual and aural and is recorded

on film or videotape or by other electronic means,

b. the recording equipment is capable of making an

accurate recording, the operator of the equipment is

competent, and the recording is accurate and has not

been altered,

c. every voice on the recording is identified, and

d. each party to the proceeding is afforded an opportunity

to view the recording before it is shown in the

courtroom, and a copy of a written transcript

transcribed by a licensed or certified court reporter

is provided to the parties.

D. If the testimony of a child is taken as provided by

subsection B or C of this section, the child shall not be compelled

to testify in court during the proceeding.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 102

E. If the testimony of a child is taken as provided in

subsection B or C of this section, the attorney for any parent

shall, on request, be permitted a recess of sufficient length to

allow the attorney to consult with his or her client prior to

conclusion of the testimony.
Okla. Stat. tit. 10, § 10-1125.2B — OK Code / Title 10 / Section 10-1125.2B
Renumbered as § 7005-1.5 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-1-4-715 — OK Code / Title 10A / Section 10A-1-4-715
Family drug court judge - Powers
Status: in_force

A. The family drug court judge shall make all judicial

decisions concerning any case assigned to the family drug court

docket or program. The judge shall require progress reports and a

periodic review of each family during their period of participation

in the family drug court program or for purposes of collecting costs

and fees after completion of the treatment portion of the program.

Reports from the treatment providers and the supervising staff shall

be presented to the drug court judge as specified by the treatment

plan or as ordered by the court.

B. The judge may establish a regular schedule for progress

hearings for any family in the family drug court program. The

district attorney, the Department of Human Services, the child or

children and family, including any adult who resides in the home

with the child or children, the attorney for the child or children

and family, including any adult who resides in the home with the

child or children, and the treatment provider shall be required to

attend regular progress hearings, and shall be required to be

present upon the motion of any party to a family drug court case.

C. The treatment provider, the supervising staff, the district

attorney, the Department of Human Services, and the attorney for the

child or children and family shall be allowed access to all

information in the family drug court case file of the child or

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 134

children and all information presented to the judge during any

family drug court hearing.

D. 1. The family drug court judge shall recognize relapses and

restarts in the program which are considered to be part of the

rehabilitation and recovery process.

2. The family drug court judge shall order progressively

increasing sanctions or provide incentives, rather than removing the

family from the program when relapse occurs, except when the conduct

of the child or children or family requires removal from the

program.

3. Any removal from the family drug court program shall require

notice to the child or children and family and other participating

parties in the case and a hearing.

4. At any family drug court hearing, if the child or children

or an adult responsible for the health and welfare of the child or

children is found to have violated the conditions of the treatment

plan and disciplinary sanctions have been insufficient to gain

compliance, the child or children and family shall be removed from

the program, and the child or children shall be returned to the

regular deprived court docket and set for redisposition or

permanency hearing.

E. Upon application of any participating party to a family drug

court case, the judge may modify a family drug court treatment plan

at any hearing when it is determined that the treatment is not

beneficial to the child or children. The primary objective of the

judge in monitoring the progress of the child or children, the

family and the family drug court treatment plan shall be to keep the

child or children and family in treatment for a sufficient time to

change behaviors and attitudes. Modification of the treatment plan

requires a consultation with the treatment provider, supervising

staff, district attorney, the Department of Human Services, the

attorney for the child or children and the attorney for the family

in open court.

F. The family drug court judge shall be authorized to modify

the family drug court treatment plan of any person responsible for

the health and welfare of the child or children and any adult

residing with the child or children for noncompliance with any

condition established by the court. The family drug court judge is

also authorized to sanction the person responsible for the health

and welfare of the child or children or any adult residing with the

child or children for noncompliance of such person with any

condition established in the court.
Okla. Stat. tit. 10, § 10-60.54 — OK Code / Title 10 / Section 10-60.54
Renumbered as § 7511-1.4 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-1430.10a — OK Code / Title 10 / Section 10-1430.10a
Revocation or denial of or refusal to renew license –
Status: in_force

Notice – Protest - Emergency.

A. The Department of Human Services may revoke, deny or refuse

to renew the license of any group home found to be in violation of

any provision of this act or the rules of the Commission for Human

Services, as provided in Section 1430.3 of Title 10 of the Oklahoma

Statutes.

B. 1. No license shall be revoked or issuance or renewal

denied unless and until such time as the licensee or applicant shall

have been given at least thirty (30) days’ notice in writing of the

grounds for the proposed revocation or refusal.

2. At the time the group home is given notice in writing of the

revocation or denial of a license, the Department shall also advise

the family member or advocate of each resident, as noted in Section

1430.22 of Title 10 of the Oklahoma Statutes, of the action by

written notification and the posting of an announcement in the group

home.

3. If the revocation or denial is protested within thirty (30)

days of receipt of the notice, in writing and addressed to the

Commission for Human Services, the Commission or the authorized

agency of the Commission shall conduct a hearing at which an

opportunity shall be given to the licensee or applicant to present

testimony and confront witnesses. On the basis of the evidence

produced at the hearing, the Department shall make findings of fact

and conclusions of law and enter an order thereon. The order of the

Department shall become final and binding on all parties unless

appealed to the district court as provided in Article II of the

Administrative Procedures Act within thirty (30) days after notice

has been sent to the parties.

Oklahoma Statutes - Title 10. Children Page 242

4. Notice of the hearing shall be given to the licensee or

applicant by personal service or by delivery to the last-known

address by certified mail, return receipt requested, at least two

(2) weeks prior to the date of the hearing.

5. After notice, if the proposed revocation or denial of a

license is not protested in accordance with this section, the

license may thereupon be revoked or denied.

C. 1. Nothing in this section shall be construed as preventing

the Department from taking emergency action as provided by this

subsection.

2. After an investigation or inspection, if the Department

finds that an emergency exists which requires immediate action to

protect the health, safety, or welfare of any resident of a group

home licensed pursuant to the provisions of the Group Homes for

Persons with Developmental or Physical Disabilities Act, the

Director may without notice or hearing issue an emergency order

stating the existence of the emergency and require that action be

taken as is deemed necessary to meet the emergency including, when

necessary, removing residents from the group home and prohibiting

the group home from providing services to residents pending a

hearing on the matter.

a. The emergency order shall be effective immediately.

Any person to whom an emergency order is directed shall

comply with the emergency order immediately but, upon

written request to the Department on or before the

tenth day after receipt of the emergency order, shall

be afforded a hearing on or before the tenth day after

receipt of the request by the Department.

b. On the basis of such hearing, the Department shall

continue the order in effect, revoke it, or modify it.

c. Any person aggrieved by the order continued after the

hearing provided for in this subsection may appeal the

order to the district court of the group home affected

within thirty (30) days of continuation or modification

of the order. The appeal when docketed shall have

priority over all cases pending on the docket, except

criminal cases. For purposes of this subsection,

“emergency” means a situation that poses a direct and

serious hazard to the health, safety, or welfare of any

resident of the group home.
Okla. Stat. tit. 10, § 10-1615 — OK Code / Title 10 / Section 10-1615
Renumbered as § 515 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-7502-1.2 — OK Code / Title 10 / Section 10-7502-1.2
Venue
Status: in_force

Proceedings for adoption shall be brought in the district court

in the county where the petitioners or the child to be adopted

resides, in Tulsa County or in Oklahoma County, or where termination

proceedings took place, at the election of the petitioners.
Okla. Stat. tit. 10A, § 10A-1-8-107 — OK Code / Title 10A / Section 10A-1-8-107
Order for transportation of child by sheriff's office
Status: in_force

- Reimbursement.

A. The court may issue an order directing the county sheriff or

his designee of the county in which the court is located to provide

transportation to a child who is the subject of a deprived

proceeding, regardless of where the child is placed within the

state, for purposes of the following:

1. Transferring the child from his or her current placement to

a designated inpatient treatment facility, as more further defined

in the Inpatient Mental Health and Substance Abuse Treatment of

Minors Act;

2. Transferring the child from the inpatient treatment facility

to court for hearing;

3. Transferring the child from an out-of-county placement to

court for hearing and returning the child back to the out-of-county

placement; and

4. Assisting the Department of Human Services in transporting a

child from any location to placement when requested by the

Department for purposes of ensuring the safekeeping of the child as

well as the Department employee.

B. 1. The Department shall provide reimbursement to the county

sheriff or his designee for necessary and actual expenses for

transporting the child as follows:

a. a fee for the cost of personal services at the rate of

Twelve Dollars ($12.00) per hour,

b. mileage reimbursement for each mile actually traveled

at the rate established in the State Travel

Reimbursement Act,

c. meals for transporting personnel, not to exceed Seven

Dollars ($7.00) per meal, and

d. meals for the child being transported, not to exceed

Seven Dollars ($7.00) per meal.

2. The Department shall process and mail reimbursement claims

within sixty (60) days of receipt. Payments for services provided

by the county sheriff’s office shall be paid to the county and

deposited in the sheriff’s service fee account.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 212

C. The court issuing the transportation order shall make such

provision for the transportation and safekeeping of a child as is

appropriate in the circumstances.
Okla. Stat. tit. 10, § 10-1138 — OK Code / Title 10 / Section 10-1138
Renumbered as § 7302-5.3 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7502-1.4 — OK Code / Title 10 / Section 10-7502-1.4
Foreign adoptions
Status: in_force

A. The courts of this state shall recognize a decree, judgment,

or final order creating the relationship of parent and child by

adoption, issued by a court or other governmental authority with

appropriate jurisdiction in a foreign country or in another state or

territory of the United States. The rights and obligations of the

parties as to matters within the jurisdiction of this state shall be

determined as though the decree, judgment, or final order were

issued by a court of this state. Except that, this state, any of

its agencies, or any court of this state shall not recognize an

adoption by more than one individual of the same sex from any other

state or foreign jurisdiction.

B. An adoptive parent of a minor adopted outside of the United

States with a decree, judgment or final order issued by a court or

other governmental authority with appropriate jurisdiction in a

foreign country may present the decree, judgment, or final order or

present proof that the minor has United States citizenship to the

court in combination with a petition for a name change. Upon

presentation of a decree, judgment, or final order or if the minor

presents proof of United States citizenship, the court shall order

Oklahoma Statutes - Title 10. Children Page 302

the State Registrar to prepare a supplementary certificate of birth

for the child as provided for in Section 7505-6.6 of this title,

unless good cause is shown why the certificate should not be issued.

C. A minor born outside of the United States without a decree,

judgment, or final adoption order issued by a court or other

governmental authority with appropriate jurisdiction in a foreign

country may be adopted in Oklahoma if one or both of the petitioners

for adoption are citizens of Oklahoma and the minor is residing in

Oklahoma at the time the petition for adoption is filed.

D. An adoptive parent of a minor adopted outside of the United

States may petition to readopt the minor under Oklahoma law, if one

or both of the petitioners are citizens of Oklahoma and the minor is

residing in Oklahoma at the time the petition for adoption is filed.

E. A proceeding to adopt a minor born outside of the United

States as provided for in subsection C of this section shall proceed

pursuant to the Oklahoma Adoption Code, with the following

provisions:

1. The court may grant a decree of adoption without requiring

notice to the biological parent and without requiring the consent of

the biological parent, if the petitioner files with the petition for

adoption a copy of the termination of parental rights granted by a

judicial, administrative, or executive body of the country of

origin, or a document or documents from such a governmental body

stating that the biological parent has consented to the adoption, or

stating that the parental rights of the biological parent of the

minor have been terminated, or stating that the minor to be adopted

has been relinquished by the biological parent or stating that the

minor has been abandoned. Any document in a foreign language shall

be translated into English by the Department of State or by a

translator who shall certify the accuracy of the translation, and a

copy of the translation and certification shall be filed with the

court along with a copy of the original documents;

2. If a minor born outside of the United States is in the legal

custody of a child-placing agency at the time that the petition for

adoption is filed, notice of the proceedings shall be given to the

child-placing agency prior to the hearing on the petition, and the

consent of the child-placing agency to the adoption shall be

obtained pursuant to Section 7503-2.1 of this title prior to the

granting of the decree of adoption; and

3. The court may waive the issuance of an interlocutory decree

of adoption and the waiting period of six (6) months provided in

Sections 7505-6.1 and 7505-6.3 of this title, and grant a final

decree of adoption, if:

a. the minor has been in the home of petitioner for at

least six (6) months prior to the filing of the

petition for adoption, and

Oklahoma Statutes - Title 10. Children Page 303

b. a postplacement report has been submitted to the

court.
Okla. Stat. tit. 10, § 10-7306-2.3 — OK Code / Title 10 / Section 10-7306-2.3
Renumbered as § 2-5-203 of Title 10A by Laws 2009, c
Status: in_force

234, § 188, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-15 — OK Code / Title 10 / Section 10-15
Renumbered as § 112.4 of Title 43 by Laws 2009, c. 233, §
Status: in_force

200, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1410 — OK Code / Title 10 / Section 10-1410
Personal properties - Contracts and leases - Unexpended
Status: in_force

funds.

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

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

transferred to and become the property of the Department of Human

Services.

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

have been entered into by the Board of Mental Health and Substance

Abuse Services or any of its agents, relative to the institutions

referred to in Section 1406 of this title and such duties and

responsibilities as are in effect on July 1, 1963, shall be assumed

by and become binding upon the Department of Human Services.

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

institutions and all unexpended appropriations for such institutions

shall be transferred by the State Treasurer to the Department of

Human Services and placed in a separate fund. The fund shall be

known as the "Fund for Intellectual Disabilities".
Okla. Stat. tit. 10A, § 10A-2-1-102 — OK Code / Title 10A / Section 10A-2-1-102
Legislative intent - Construction of chapter -
Status: in_force

Purpose.

It is the intent of the Legislature that Article 2 of this title

shall be liberally construed, to the end that its purpose may be

carried out.

The purpose of the laws relating to juveniles alleged or

adjudicated to be delinquent is to promote the public safety and

reduce juvenile delinquency. This purpose should be pursued through

means that are fair and just, that:

1. Recognize the unique characteristics and needs of juveniles;

2. Give juveniles access to opportunities for personal and

social growth;

3. Maintain the integrity of substantive law prohibiting

certain behavior and developing individual responsibility for lawful

behavior;

4. Provide a system relying upon individualized treatment and

best practice for the rehabilitation and reintegration of juvenile

delinquents into society;

5. Preserve and strengthen family ties whenever possible,

including improvement of home environment;

6. Remove a juvenile from the custody of parents if the welfare

and safety of the juvenile or the protection of the public would

otherwise be endangered;

7. Secure for any juvenile removed from the custody of parents

the necessary treatment, care, guidance and discipline to assist the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 262

juvenile in becoming a responsible and productive member of society;

and

8. Provide procedures through which the provisions of the law

are executed and enforced and which will assure the parties fair

hearings at which their rights as citizens are recognized and

protected.
Okla. Stat. tit. 10A, § 10A-1-9-112 — OK Code / Title 10A / Section 10A-1-9-112
Office of Client Advocacy
Status: in_force

A. 1. The State Commissioner of Health shall establish the

Office of Client Advocacy within the State Department of Health and

shall employ personnel necessary to carry out the provisions of this

section.

2. The head of the Office of Client Advocacy shall be the

Advocate General. The duties and responsibilities of the Advocate

General are to:

a. supervise personnel assigned to the Office of Client

Advocacy,

b. monitor and review grievance procedures and hearings,

c. establish and maintain a fair, simple, and expeditious

system for resolution of grievances of:

(1) all children in the custody of the Department of

Human Services regarding:

(a) the substance or application of any written

or unwritten policy or rule of the

Department or agent of the Department, or

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 237

(b) any decision or action by an employee or

agent of the Department, or of any child in

the custody of the Department,

(2) foster parents relating to the provision of

foster care services pursuant to this section and

Section 1-9-117 of this title, and

(3) all persons receiving services from the

Developmental Disabilities Services Division of

the Department of Human Services,

d. investigate allegations of abuse, neglect, sexual

abuse, and sexual exploitation, as those terms are

defined in the Oklahoma Children’s Code, by a person

responsible for a child, regardless of custody:

(1) residing outside his or her own home other than

children in foster care or children in the

custody of the Office of Juvenile Affairs and

placed in an Office of Juvenile Affairs secure

facility,

(2) in a day treatment program as defined in Section

175.20 of Title 10 of the Oklahoma Statutes, and

submit a report of the results of the

investigation to the appropriate district

attorney and to the State Department of Health,

(3) receiving services from a community services

worker as that term is defined in Section 1025.1

of Title 56 of the Oklahoma Statutes, and

(4) residing in a state institution listed in Section

1406 of Title 10 of the Oklahoma Statutes,

e. establish a system for investigating allegations of

misconduct, by a person responsible for a child, not

rising to the level of abuse, neglect, sexual abuse,

or sexual exploitation with regard to any child or

resident listed in subparagraph d of this paragraph,

f. coordinate any hearings or meetings of departmental

administrative review committees conducted as a result

of unresolved grievances or as a result of

investigations,

g. make recommendations to the State Commissioner of

Health, who shall then make recommendations to the

Director of Human Services, and provide regular or

special reports regarding grievance procedures,

hearings and investigations to the Director, the

Commissioner, the Office of Juvenile System Oversight,

and other appropriate persons as necessary,

h. forward to the Office of Juvenile System Oversight,

for the information of the Director of that office, a

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 238

copy of the final report of any grievance which is not

resolved in the favor of the complainant,

i. perform the duties imposed on the Office of Client

Advocacy under the Protective Services for Vulnerable

Adults Act when the Office is the appropriate state

entity as defined in Section 10-103 of Title 43A of

the Oklahoma Statutes,

j. perform such other duties as required by the State

Commissioner of Health, and

k. develop policies and procedures as necessary to

implement the duties and responsibilities assigned to

the Office of Client Advocacy.

B. The Office of Client Advocacy shall make a complete written

report of its investigations. The investigation report, together

with its recommendations, shall be submitted to the appropriate

district attorney’s office.

C. 1. Except as otherwise provided by the Oklahoma Children’s

Code, the reports required by Section 1-2-101 of this title or any

other information acquired pursuant to the Oklahoma Children’s Code

shall be confidential and may be disclosed only as provided in

Section 1-2-108 of this title and the Oklahoma Children’s Code.

2. Except as otherwise provided by the Oklahoma Children’s

Code, any violation of the confidentiality requirements of the

Oklahoma Children’s Code shall, upon conviction, be a misdemeanor

punishable by up to six (6) months in jail, by a fine of Five

Hundred Dollars ($500.00), or by both such fine and imprisonment.

3. Any records or information disclosed as provided by this

subsection shall remain confidential. The use of any information

shall be limited to the purpose for which disclosure is authorized.

Rules promulgated by the State Commissioner of Health shall provide

for disclosure of relevant information concerning Office of Client

Advocacy investigations to persons or entities acting in an official

capacity with regard to the subject of the investigation.

4. Nothing in this section shall be construed as prohibiting

the Office of Client Advocacy or the Department of Human Services

from disclosing such confidential information as may be necessary to

secure appropriate care, treatment, or protection of a child alleged

to be abused or neglected.

D. 1. The Office of Client Advocacy shall investigate any

complaint received by the Office of Juvenile System Oversight

alleging that an employee of the Department of Human Services or a

child-placing agency has threatened a foster parent with removal of

a child from the foster parent, harassed a foster parent, 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:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 239

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-placement

agency in conformity with the result of any such proceeding.

3. The Office of Client Advocacy shall at all times be granted

access to any foster home or any child-placing agency which is

certified, authorized, or funded by the Department of Human

Services.
Okla. Stat. tit. 10A, § 10A-1-9-103 — OK Code / Title 10A / Section 10A-1-9-103
Child Abuse Multidisciplinary Account
Status: in_force

A. 1. There is hereby created in the Department of Human

Services a revolving fund to be designated the "Child Abuse

Multidisciplinary Account".

2. The account shall be a continuing fund, not subject to

fiscal year limitations, and shall consist of all monies received by

the Department pursuant to the provisions of this section and

Section 1-9-104 of this title.

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

appropriated and shall be budgeted and expended by the Department

for the purposes provided in Sections 1-9-102 and 1-9-104 of this

title.

4. Expenditures from the account shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment.

B. The account shall be administered by the Department for the

benefit of children of Oklahoma and made available to eligible:

1. Coordinated multidisciplinary child abuse teams;

2. Nonurban child advocacy centers;

3. Mid-level nonurban child advocacy centers; and

4. Urban child advocacy centers.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 220

C. 1. The Child Abuse Multidisciplinary Account shall consist

of:

a. all monies received by the Department pursuant to the

provisions of Section 1-9-104 of this title,

b. interest attributable to investment of money in the

Account, and

c. money received by the Department in the form of gifts,

grants, reimbursements, or from any other source

intended to be used for the purposes specified or

collected pursuant to the provisions of this section

and Section 1-9-102 of this title.

2. The monies deposited in the Child Abuse Multidisciplinary

Account shall at no time become monies of the state and shall not

become part of the general budget of the Department or any other

state agency. Except as otherwise authorized by this section and

Section 3 of this act, no monies from the Account shall be

transferred for any purpose to any other state agency or any account

of the Department or be used for the purpose of contracting with any

other state agency or reimbursing any other state agency for any

expense.
Okla. Stat. tit. 10, § 10-406.1 — OK Code / Title 10 / Section 10-406.1
Indian tribe-operated child care facility - Inspection
Status: in_force

agreement.

A. If an Indian tribe in this state that operates a child care

facility elects to apply for a license for the facility pursuant to

the Oklahoma Child Care Facilities Licensing Act, the Department of

Human Services, the State Department of Health, and the State Fire

Marshal may enter into an agreement with the Indian tribe to allow

the state to conduct any inspections of the facility necessary to

comply with the licensing provisions of the Oklahoma Child Care

Facilities Licensing Act.

B. As part of the agreement authorizing the state to conduct

inspections as provided in this section, the state and the Indian

tribe may agree to a payment of a fee by the Indian tribe to the

Oklahoma Statutes - Title 10. Children Page 92

state in an amount not to exceed the reasonable cost to the state to

conduct the inspections.
Okla. Stat. tit. 10, § 10-7302-6.9 — OK Code / Title 10 / Section 10-7302-6.9
Renumbered as § 2-7-609 of Title 10A by Laws 2009, c
Status: in_force

234, § 174, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-408 — OK Code / Title 10 / Section 10-408
Appeals
Status: in_force

Oklahoma Statutes - Title 10. Children Page 94

A. Any licensee or applicant aggrieved by the decision of the

Department of Human Services under Section 407 of this title may,

within ten (10) days after the revocation or denial of the license,

appeal to the district court of the county in which the child care

facility is maintained and operated by filing with the clerk of the

court a verified petition. Notice of such appeal shall be served on

the Director of the Department within five (5) days of the date of

its filing.

B. The licensee or applicant shall, within twenty (20) days of

the filing of the appeal, file with the clerk of such court a

transcript of the proceedings held pursuant to Section 407 of this

title. The district court shall thereupon be vested with

jurisdiction to review the proceedings of the Department; provided

that, if the Department prevails, the judgment of the district court

shall be that the decision of the Department be affirmed, and if the

licensee or applicant prevails, the judgment of the court shall be

that the revocation be set aside or the license issued or renewed,

as the case may be. Pending the hearing of the appeal, the action

of the Department revoking or denying the license or the granting

thereof shall be stayed; provided, after the filing of an appeal,

the district court, upon application by the Department and after an

appropriate hearing, may grant a restraining order to enforce the

decision of the Department.
Okla. Stat. tit. 10, § 10-1150.4 — OK Code / Title 10 / Section 10-1150.4
Chief Medical Examiner - Monthly death reports - Review
Status: in_force

of child death certificates - Requests for information.

A. Beginning November 1, 1991, the Director of the Bureau of

Vital Statistics shall forward to the Office of the Chief Medical

Examiner on a monthly basis copies of all death certificates of

persons under eighteen (18) years of age received by the Bureau of

Vital Statistics during the preceding month.

B. The Office of Chief Medical Examiner shall conduct an

initial review of child death certificates in accordance with the

criteria established by the Child Death Review Board and refer to

the Board those cases that meet the criteria established by the

Board for specific case review.

C. Upon the request of the Board, every entity within the child

protection system shall provide to the Board any information

requested by the Board.
Okla. Stat. tit. 10, § 10-1430.25 — OK Code / Title 10 / Section 10-1430.25
Involuntary transfer or discharge of resident
Status: in_force

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

Persons with Developmental or Physical Disabilities Act shall not

involuntarily transfer or discharge a resident except for medical

reasons, for the safety of the resident or for the safety of other

residents, for violations of the contract between the resident and

the group home or for nonpayment for the stay of the resident.

Involuntary transfer or discharge of a resident for violations of

the contract shall be subject to the conditions and procedures

established by the rules adopted by the Commission for Human

Services. Involuntary transfer or discharge of a resident from a

group home shall be preceded by a minimum written notice of thirty

(30) days. The thirty-day requirement shall not apply in any of the

following instances:

1. When an emergency transfer or discharge is mandated by the

health care needs of the resident and is in accordance with the

written orders and medical justification of the attending physician;

or

2. When the transfer or discharge is necessary for the physical

safety of other residents as documented in the record.
Okla. Stat. tit. 10, § 10-7700-608 — OK Code / Title 10 / Section 10-7700-608
Motion for genetic testing
Status: in_force

A. In a proceeding to adjudicate the parentage of a child

having a presumed father or to challenge the paternity of a child

having an acknowledged father, the court shall deny a motion seeking

an order for genetic testing of the mother, the child, and the

presumed or acknowledged father if the court determines that:

1. The conduct of the mother or the presumed or acknowledged

father estops that party from denying parentage; and

2. It would be contrary to the child's best interests to

disprove the father-child relationship between the child and the

presumed or acknowledged father.

B. In determining whether to deny a motion seeking an order for

genetic testing under this section, the court shall consider the

best interest of the child, including the following factors:

Oklahoma Statutes - Title 10. Children Page 408

1. The length of time between the proceeding to adjudicate

parentage and the time that the presumed or acknowledged father was

placed on notice that he might not be the genetic father;

2. The length of time during which the presumed or acknowledged

father has assumed the role of father of the child;

3. The facts surrounding the presumed or acknowledged father's

discovery of his possible nonpaternity;

4. The nature of the relationship between the child and the

presumed or acknowledged father;

5. The age of the child;

6. The harm that may result to the child if presumed or

acknowledged paternity is successfully disproved;

7. The nature of the relationship between the child and any

alleged father;

8. The extent to which the passage of time reduces the chances

of establishing the paternity of another man and a child-support

obligation in favor of the child; and

9. Other factors that may affect the equities arising from the

disruption of the father-child relationship between the child and

the presumed or acknowledged father or the chance of other harm to

the child.

C. In a proceeding to disprove the father-child relationship

between a child over two (2) years of age and the child's presumed

or acknowledged father, the court shall appoint a guardian ad litem

to represent the child prior to ruling on a motion seeking an order

of genetic testing. If the child is under two (2) years of age, or

if the proceeding is brought under subsection B of Section 7700-607

of this title, the court may, at its own discretion or upon request

by any party, appoint a guardian ad litem to represent the child.

D. If the court denies a motion seeking an order for genetic

testing, it shall issue an order adjudicating the presumed or

acknowledged father to be the father of the child.
Okla. Stat. tit. 10A, § 10A-1-4-804 — OK Code / Title 10A / Section 10A-1-4-804
Notification of movement of child in the custody of
Status: in_force

Department of Human Services.

A. 1. The Department of Human Services shall notify the court,

the postadjudication review board, the district attorney, the

child’s attorney, and the guardian ad litem of the child, if any,

whenever a child in the custody of the Department is moved from one

location to another.

2. The Department shall notify the foster family prior to

movement of the child pursuant to the provisions of Section 1-4-805

of this title.

3. The Department shall inform the guardian ad litem, if any,

and the child’s attorney of the specific location of the child.

B. The notification required by this section shall be made by

the Department within a reasonable time after the Department is made

aware of the need for movement, but in no event less than five (5)

judicial days prior to movement unless an emergency exists. As used

in this section, “emergency” means movement of a child that is:

1. Pursuant to an order of the court including, but not limited

to, an order authorizing placement of a child with a parent or

sibling;

2. Requested by the child-placing agency or foster parent of

the child, and the request is for immediate removal of the child

without delay or notice as provided by this section;

3. For emergency medical or mental health treatment;

4. For substantial noncompliance by a foster parent or child-

placing agency with applicable placement standards and agreements

such that the child is in imminent danger; or

5. Due to a pending investigation of an allegation of abuse or

neglect of a child by a foster parent or child-placing agency or

other person residing in the foster family home.

C. The court, on its own motion, may hold, or any party

receiving notice pursuant to this section, shall be granted, an

informal hearing concerning the reasons and necessity for moving the

child, if requested in writing, within five (5) days following the

receipt of notice.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 139
Okla. Stat. tit. 10, § 10-7105.1 — OK Code / Title 10 / Section 10-7105.1
Renumbered as § 1-9-101 of Title 10A by Laws 2009, c
Status: in_force

233, § 293, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1617 — OK Code / Title 10 / Section 10-1617
Renumbered as § 517 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-7115 — OK Code / Title 10 / Section 10-7115
Renumbered as § 843.5 of Title 21 by Laws 2009, c. 233, §
Status: in_force

207, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7700-202 — OK Code / Title 10 / Section 10-7700-202
Equal rights of marital and nonmarital children
Status: in_force

A child born to parents who are not married to each other has

the same rights under the law as a child born to parents who are

married to each other.
Okla. Stat. tit. 10, § 10-7305-1.4 — OK Code / Title 10 / Section 10-7305-1.4
Renumbered as § 2-4-104 of Title 10A by Laws 2009, c
Status: in_force

234, § 186, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7202.2 — OK Code / Title 10 / Section 10-7202.2
Renumbered as § 21.4 of this title by Laws 1999, c
Status: in_force

396, § 30, emerg. eff. June 10, 1999.
Okla. Stat. tit. 10, § 10-132 — OK Code / Title 10 / Section 10-132
Tax levy
Status: in_force

For the purpose of purchasing sites, erecting or enlarging

buildings, purchasing equipment, repairing or remodeling buildings

or equipment and for the purpose of defraying the maintenance cost

and current running expenses of such schools and homes, the excise

board of each county hereby authorized to establish and conduct such

schools and homes, is hereby authorized in addition to all other

levies, to make an annual levy upon all property in the county

subject to taxation upon an ad valorem basis, of not to exceed one-

half (1/2) of one (1) mill per annum, which is hereby declared not

to be a current expense, and to be for a special purpose, known as

County Supervised School and Home Fund, in addition to the maximum

levy for current expenses now provided by law.
Okla. Stat. tit. 10, § 10-60.17 — OK Code / Title 10 / Section 10-60.17
Renumbered as § 7505-1.1 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7302-3.4 — OK Code / Title 10 / Section 10-7302-3.4
Renumbered as § 2-7-304 of Title 10A by Laws 2009, c
Status: in_force

234, § 171, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 10. Children Page 287
Okla. Stat. tit. 10A, § 10A-1-4-305 — OK Code / Title 10A / Section 10A-1-4-305
Failure to appear without reasonable cause - Consent
Status: in_force

to adjudication - Contempt - Warrants.

A. Failure of a person summoned as provided in this part to

respond or appear without reasonable cause constitutes the person's

consent to an adjudication of the child to be deprived.

B. If any person summoned as provided in this part fails to

respond or appear without reasonable cause, such person may be held

in contempt of court.

C. In case the summons cannot be served, or the parties served

fail to obey the same, or in any case when it shall be made to

appear to the judge that the service will be ineffectual, that the

health, safety, or welfare of the child requires that the child

should be brought into the custody of the court, a warrant may be

issued against the parent, legal guardian, custodian of the child,

or the child.
Okla. Stat. tit. 10, § 10-175.9 — OK Code / Title 10 / Section 10-175.9
Homes - Right to enter
Status: in_force

No person shall by virtue of this Act have any right to enter

any home over the objection of the parent or guardian of a child and

nothing in this Act shall be construed as limiting the power of the

parent or guardian of a child. The Commission, however, with the

consent of the parents, parent or legal guardian may provide

necessary medical care and other services for a child as indicated

in Sections 1 and 5 of this Act.