Okla. Stat. tit. 10, § 10-577 — OK Code / Title 10 / Section 10-577
Enactment of compact - Text
Status: in_force

There is hereby created the Interstate Compact for the Placement

of Children. Pursuant to the terms and conditions of this compact,

the State of Oklahoma seeks to join with other member states, as

defined by this compact, in enacting this compact. This compact

shall become effective upon the enactment into law by thirty-five

states. Upon the effective date of this compact, this compact shall

replace the Interstate Compact on the Placement of Children codified

at Section 571 of Title 10 of the Oklahoma Statutes. The provisions

of the Interstate Compact for the Placement of Children are as

follows:

ARTICLE I. PURPOSE

The purpose of this compact is to:

1. Provide a process through which children subject to this

compact are placed in safe and suitable homes in a timely manner;

2. Facilitate ongoing supervision of a placement, the delivery

of services, and communication between the states;

3. Provide operating procedures that will ensure that children

are placed in safe and suitable homes in a timely manner;

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4. Provide for the promulgation and enforcement of

administrative rules implementing the provisions of this compact and

regulating the covered activities of the member states;

5. Provide for uniform data collection and information sharing

between member states under this compact;

6. Promote coordination between this compact, the Interstate

Compact for Juveniles, the Interstate Compact on Adoption and

Medical Assistance and other compacts affecting the placement of and

which provide services to children otherwise subject to this

compact;

7. Provide for a state’s continuing legal jurisdiction and

responsibility for placement and care of a child that it would have

had if the placement were intrastate; and

8. Provide for the promulgation of guidelines, in collaboration

with Indian tribes, for interstate cases involving Indian children

as is or may be permitted by federal law.

ARTICLE II. DEFINITIONS

As used in this compact:

1. “Approved placement” means the public child-placing agency

in the receiving state has determined that the placement is both

safe and suitable for the child;

2. “Assessment” means an evaluation of a prospective placement

by a public child-placing agency in the receiving state to determine

if the placement meets the individualized needs of the child,

including but not limited to the child’s safety and stability,

health and well-being, and mental, emotional, and physical

development. An assessment is only applicable to a placement by a

public child-placing agency;

3. “Child” means an individual who has not attained the age of

eighteen (18);

4. “Certification” means to attest, declare, or swear to before

a judge or notary public;

5. “Default” means the failure of a member state to perform the

obligations or responsibilities imposed upon it by this compact, or

the bylaws or rules of the Interstate Commission;

6. “Home study” means an evaluation of a home environment

conducted in accordance with the applicable requirements of the

state in which the home is located, and documenting the preparation

and suitability of the placement resource for placement of a child

in accordance with the laws and requirements of the state in which

the home is located;

7. “Indian tribe” means any Indian tribe, band, nation, or

other organized group or community of Indians recognized as eligible

for services provided to Indians by the Secretary of the Interior

because of their status as Indians, including any Alaskan native

village as defined in Section 3(c) of the Alaska Native Claims

Settlement Act at 43 U.S.C., Section 1602(c);

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8. “Interstate Commission for the Placement of Children” means

the commission that is created under Article VIII of this compact

and which is generally referred to as the Interstate Commission;

9. “Jurisdiction” means the power and authority of a court to

hear and decide matters;

10. “Legal risk placement” or “legal risk adoption” means a

placement made preliminary to an adoption where the prospective

adoptive parents acknowledge in writing that a child may be ordered

returned to the sending state or the state of residence of the birth

mother, if different from the sending state, and a final decree of

adoption shall not be entered in any jurisdiction until all required

consents are obtained or are dispensed with in accordance with

applicable law;

11. “Member state” means a state that has enacted this compact;

12. “Noncustodial parent” means a person who, at the time of

commencement of court proceedings in the sending state, does not

have sole legal custody of the child or has joint legal custody of a

child, and who is not the subject of allegations or findings of

child abuse or neglect;

13. “Nonmember state” means a state which has not enacted this

compact;

14. “Notice of residential placement” means information

regarding a placement into a residential facility provided to the

receiving state including, but not limited to, the name, date, and

place of birth of the child, the identity and address of the parent

or legal guardian, evidence of authority to make the placement, and

the name and address of the facility in which the child will be

placed. Notice of residential placement shall also include

information regarding a discharge and any unauthorized absence from

the facility;

15. “Placement” means the act by a public or private child-

placing agency intended to arrange for the care or custody of a

child in another state;

16. “Private child-placing agency” means any private

corporation, agency, foundation, institution, or charitable

organization, or any private person or attorney that facilitates,

causes, or is involved in the placement of a child from one state to

another and that is not an instrumentality of the state or acting

under color of state law;

17. “Provisional placement” means a determination made by the

public child-placing agency in the receiving state that the proposed

placement is safe and suitable, and, to the extent allowable, the

receiving state has temporarily waived its standards or requirements

otherwise applicable to prospective foster or adoptive parents so as

not to delay the placement. Completion of the receiving state

requirements regarding training for prospective foster or adoptive

parents shall not delay an otherwise safe and suitable placement;

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18. “Public child-placing agency” means any government child

welfare agency or child protection agency or a private entity under

contract with such an agency, regardless of whether they act on

behalf of a state, county, municipality, or other governmental unit

and which facilitates, causes, or is involved in the placement of a

child from one state to another;

19. “Receiving state” means the state to which a child is sent,

brought, or caused to be sent or brought;

20. “Relative” means someone who is related to the child as a

parent, stepparent, sibling by half or whole blood or by adoption,

grandparent, aunt, uncle, or first cousin or a nonrelative with such

significant ties to the child that they may be regarded as relatives

as determined by the court in the sending state;

21. “Residential facility” means a facility providing a level

of care that is sufficient to substitute for parental responsibility

or foster care, and is beyond what is needed for assessment or

treatment of an acute condition. For purposes of the compact,

residential facilities do not include institutions primarily

educational in character, hospitals, or other medical facilities;

22. “Rule” means a written directive, mandate, standard, or

principle issued by the Interstate Commission promulgated pursuant

to Article XI of this compact that is of general applicability and

that implements, interprets, or prescribes a policy or provision of

the compact. A rule has the force and effect of an administrative

rule in a member state, and includes the amendment, repeal, or

suspension of an existing rule;

23. “Sending state” means the state from which the placement of

a child is initiated;

24. “Service member’s permanent duty station” means the

military installation where an active duty Armed Services member is

currently assigned and is physically located under competent orders

that do not specify the duty as temporary;

25. “Service member’s state of legal residence” means the state

in which the active duty Armed Services member is considered a

resident for tax and voting purposes;

26. “State” means a state of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands,

Guam, American Samoa, the Northern Mariana Islands and any other

territory of the United States;

27. “State court” means a judicial body of a state that is

vested by law with responsibility for adjudicating cases involving

abuse, neglect, deprivation, delinquency, or status offenses of

individuals who have not attained the age of eighteen (18); and

28. “Supervision” means monitoring provided by the receiving

state once a child has been placed in a receiving state pursuant to

this compact.

ARTICLE III. APPLICABILITY

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A. Except as otherwise provided in Article III, subsection B,

this compact shall apply to:

1. The interstate placement of a child subject to ongoing court

jurisdiction in the sending state, due to allegations or findings

that the child has been abused, neglected, or deprived as defined by

the laws of the sending state; provided, however, that the placement

of such a child into a residential facility shall only require

notice of residential placement to the receiving state prior to

placement;

2. The interstate placement of a child adjudicated delinquent

or unmanageable based on the laws of the sending state and subject

to ongoing court jurisdiction of the sending state if:

a. the child is being placed in a residential facility in

another member state and is not covered under another

compact, or

b. the child is being placed in another member state and

the determination of safety and suitability of the

placement and services required is not provided

through another compact; and

3. The interstate placement of any child by a public child-

placing agency or private child-placing agency as defined in this

compact as a preliminary step to a possible adoption.

B. The provisions of this compact shall not apply to:

1. The interstate placement of a child in a custody proceeding

in which a public child-placing agency is not a party, provided the

placement is not intended to effectuate an adoption;

2. The interstate placement of a child with a nonrelative in a

receiving state by a parent with the legal authority to make such a

placement, provided the placement is not intended to effectuate an

adoption;

3. The interstate placement of a child by one relative with the

lawful authority to make such a placement directly with a relative

in a receiving state;

4. The placement of a child, not subject to Article III,

subsection A, into a residential facility by the child's parent;

5. The placement of a child with a noncustodial parent provided

that:

a. the noncustodial parent proves to the satisfaction of

a court in the sending state a substantial

relationship with the child,

b. the court in the sending state makes a written finding

that placement with the noncustodial parent is in the

best interests of the child, and

c. the court in the sending state dismisses its

jurisdiction over the child’s case;

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6. A child entering the United States from a foreign country

for the purpose of adoption or leaving the United States to go to a

foreign country for the purpose of adoption in that country;

7. Cases in which a U.S. citizen child living overseas with the

child's family, at least one of whom is in the U.S. Armed Services,

and who is stationed overseas, is removed and placed in a state; or

8. The sending of a child by a public child-placing agency or a

private child-placing agency for a visit as defined by the rules of

the Interstate Commission.

C. For purposes of determining the applicability of this

compact to the placement of a child with a family in the Armed

Services, the public child-placing agency or private child-placing

agency may choose the state of the service member’s permanent duty

station or the service member’s declared legal residence.

D. Nothing in this compact shall be construed to prohibit the

concurrent application of the provisions of this compact with other

applicable interstate compacts including the Interstate Compact for

Juveniles and the Interstate Compact on Adoption and Medical

Assistance. The Interstate Commission may in cooperation with other

interstate compact commissions having responsibility for the

interstate movement, placement or transfer of children, promulgate

like rules to ensure the coordination of services, timely placement

of children, and the reduction of unnecessary or duplicative

administrative or procedural requirements.

ARTICLE IV. JURISDICTION

A. Except as provided in Article IV, subsection G and Article

V, subsection B, paragraphs 2 and 3 concerning private and

independent adoption and in interstate placements in which the

public child-placing agency is not a party to a custody proceeding,

the sending state shall retain jurisdiction over a child with

respect to all matters of custody and disposition of the child which

it would have had if the child had remained in the sending state.

Such jurisdiction shall also include the power to order the return

of the child to the sending state.

B. When an issue of child protection or custody is brought

before a court in the receiving state, such court shall confer with

the court of the sending state to determine the most appropriate

forum for adjudication.

C. In accordance with its own laws, the court in the sending

state shall have authority to terminate its jurisdiction if:

1. The child is reunified with the parent in the receiving

state who is the subject of allegations or findings of abuse or

neglect, only with the concurrence of the public child-placing

agency in the receiving state;

2. The child is adopted;

3. The child reaches the age of majority under the laws of the

sending state;

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4. The child achieves legal independence pursuant to the laws

of the sending state;

5. A guardianship is created by a court in the receiving state

with the concurrence of the court in the sending state;

6. An Indian tribe has petitioned for and received jurisdiction

from the court in the sending state; or

7. The public child-placing agency of the sending state

requests termination and has obtained the concurrence of the public

child-placing agency in the receiving state.

D. When a sending state court terminates its jurisdiction, the

receiving state child-placing agency shall be notified.

E. Nothing in this article shall defeat a claim of jurisdiction

by a receiving state court sufficient to deal with an act of

truancy, delinquency, crime, or behavior involving a child as

defined by the laws of the receiving state committed by the child in

the receiving state which would be a violation of its laws.

F. Nothing in this article shall limit the receiving state’s

ability to take emergency jurisdiction for the protection of the

child.

G. The substantive laws of the state in which an adoption will

be finalized shall solely govern all issues relating to the adoption

of the child and the court in which the adoption proceeding is filed

shall have subject matter jurisdiction regarding all substantive

issues relating to the adoption except:

1. When the child is a ward of another court that established

jurisdiction over the child prior to the placement;

2. When the child is in the legal custody of a public agency in

the sending state; or

3. When a court in the sending state has otherwise

appropriately assumed jurisdiction over the child, prior to the

submission of the request for approval of placement.

H. A final decree of adoption shall not be entered in any

jurisdiction until the placement is authorized as an “approved

placement” by the public child-placing agency in the receiving

state.

ARTICLE V. PLACEMENT EVALUATION

A. Prior to sending, bringing, or causing a child to be sent or

brought into a receiving state, the public child-placing agency

shall provide a written request for assessment to the receiving

state.

B. For placements by a private child-placing agency, a child

may be sent or brought, or caused to be sent or brought, into a

receiving state, upon receipt and immediate review of the required

content in a request for approval of a placement in both the sending

and receiving state public child-placing agency. The required

content to accompany a request for approval shall include the

following:

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1. A request for approval identifying the child, birth

parent(s), the prospective adoptive parent(s), and the supervising

agency, signed by the person requesting approval;

2. The appropriate consents or relinquishments signed by the

birth parents in accordance with the laws of the sending state, or

where permitted the laws of the state where the adoption will be

finalized;

3. Certification by a licensed attorney or authorized agent of

a private adoption agency that the consent or relinquishment is in

compliance with the applicable laws of the sending state, or where

permitted the laws of the state where finalization of the adoption

will occur;

4. A home study; and

5. An acknowledgment of legal risk signed by the prospective

adoptive parents.

C. The sending state and the receiving state may request

additional information or documents prior to finalization of an

approved placement, but they may not delay travel by the prospective

adoptive parents with the child if the required content for approval

has been submitted, received, and reviewed by the public child-

placing agency in both the sending state and the receiving state.

D. Approval from the public child-placing agency in the

receiving state for a provisional or approved placement is required

as provided for in the rules of the Interstate Commission.

E. The procedures for making and the request for an assessment

shall contain all information and be in such form as provided for in

the rules of the Interstate Commission.

F. Upon receipt of a request from the public child-placing

agency of the sending state, the receiving state shall initiate an

assessment of the proposed placement to determine its safety and

suitability. If the proposed placement is a placement with a

relative, the public child-placing agency of the sending state may

request a determination for a provisional placement.

G. The public child-placing agency in the receiving state may

request from the public child-placing agency or the private child-

placing agency in the sending state, and shall be entitled to

receive supporting or additional information necessary to complete

the assessment or approve the placement.

H. The public child-placing agency in the receiving state shall

approve a provisional placement and complete or arrange for the

completion of the assessment within the time frames established by

the rules of the Interstate Commission.

I. For a placement by a private child-placing agency, the

sending state shall not impose any additional requirements to

complete the home study that are not required by the receiving

state, unless the adoption is finalized in the sending state.

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J. The Interstate Commission may develop uniform standards for

the assessment of the safety and suitability of interstate

placements.

ARTICLE VI. PLACEMENT AUTHORITY

A. Except as provided in this compact, no child subject to this

compact shall be placed into a receiving state until approval for

the placement is obtained.

B. If the public child-placing agency in the receiving state

does not approve the proposed placement then the child shall not be

placed. The receiving state shall provide written documentation of

any such determination in accordance with the rules promulgated by

the Interstate Commission. Such determination is not subject to

judicial review in the sending state.

C. If the proposed placement is not approved, any interested

party shall have standing to seek an administrative review of the

receiving state’s determination.

1. The administrative review and any further judicial review

associated with the determination shall be conducted in the

receiving state pursuant to its applicable administrative

procedures.

2. If a determination not to approve the placement of a child

in the receiving state is overturned upon review, the placement

shall be deemed approved; provided, however, that all administrative

or judicial remedies have been exhausted or the time for such

remedies has passed.

ARTICLE VII. PLACING AGENCY RESPONSIBILITY

A. For the interstate placement of a child made by a public

child-placing agency or state court:

1. The public child-placing agency in the sending state shall

have financial responsibility for:

a. the ongoing support and maintenance for the child

during the period of the placement, unless otherwise

provided for in the receiving state, and

b. as determined by the public child-placing agency in

the sending state, services for the child beyond the

public services for which the child is eligible in the

receiving state;

2. The receiving state shall only have financial responsibility

for:

a. any assessment conducted by the receiving state, and

b. supervision conducted by the receiving state at the

level necessary to support the placement as agreed

upon by the public child-placing agencies of the

receiving and sending state; and

3. Nothing in this provision shall prohibit public child-

placing agencies in the sending state from entering into agreements

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with licensed agencies or persons in the receiving state to conduct

assessments and provide supervision.

B. For the placement of a child by a private child-placing

agency preliminary to a possible adoption, the private child-placing

agency shall be:

1. Legally responsible for the child during the period of

placement as provided for in the law of the sending state until the

finalization of the adoption; and

2. Financially responsible for the child absent a contractual

agreement to the contrary.

C. The public child-placing agency in the receiving state shall

provide timely assessments, as provided for in the rules of the

Interstate Commission.

D. The public child-placing agency in the receiving state shall

provide, or arrange for the provision of, supervision and services

for the child, including timely reports, during the period of the

placement.

E. Nothing in this compact shall be construed as to limit the

authority of the public child-placing agency in the receiving state

from contracting with a licensed agency or person in the receiving

state for an assessment or the provision of supervision or services

for the child or otherwise authorizing the provision of supervision

or services by a licensed agency during the period of placement.

F. Each member state shall provide for coordination among its

branches of government concerning the state’s participation in, and

compliance with, the compact and Interstate Commission activities,

through the creation of an advisory council or use of an existing

body or board.

G. Each member state shall establish a central state compact

office, which shall be responsible for state compliance with the

compact and the rules of the Interstate Commission.

H. The public child-placing agency in the sending state shall

oversee compliance with the provisions of the Indian Child Welfare

Act, 25 U.S.C., Section 1901 et seq., for placements subject to the

provisions of this compact, prior to placement.

I. With the consent of the Interstate Commission, states may

enter into limited agreements that facilitate the timely assessment

and provision of services and supervision of placements under this

compact.

ARTICLE VIII. INTERSTATE COMMISSION FOR

THE PLACEMENT OF CHILDREN

The member states hereby establish, by way of this compact, a

commission known as the “Interstate Commission for the Placement of

Children”. The activities of the Interstate Commission are the

formation of public policy and are a discretionary state function.

The Interstate Commission shall:

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1. Be a joint commission of the member states and shall have

the responsibilities, powers, and duties set forth herein, and such

additional powers as may be conferred upon it by subsequent

concurrent action of the respective Legislatures of the member

states;

2. Consist of one commissioner from each member state who shall

be appointed by the executive head of the state human services

administration with ultimate responsibility for the child welfare

program. The appointed commissioner shall have the legal authority

to vote on policy-related matters governed by this compact binding

the state.

a. Each member state represented at a meeting of the

Interstate Commission is entitled to one vote.

b. A majority of the member states shall constitute a

quorum for the transaction of business, unless a

larger quorum is required by the bylaws of the

Interstate Commission.

c. A representative shall not delegate a vote to another

member state.

d. A representative may delegate voting authority to

another person from their state for a specified

meeting;

3. In addition to the commissioners of each member state,

include persons who are members of interested organizations as

defined in the bylaws or rules of the Interstate Commission. Such

members shall be ex officio and shall not be entitled to vote on any

matter before the Interstate Commission; and

4. Establish an executive committee which shall have the

authority to administer the day-to-day operations and administration

of the Interstate Commission. The Executive Committee shall not

have the power to engage in rulemaking.

ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:

1. To promulgate rules and take all necessary actions to effect

the goals, purposes, and obligations as enumerated in this compact;

2. To provide for dispute resolution among member states;

3. To issue, upon request of a member state, advisory opinions

concerning the meaning or interpretation of the interstate compact,

its bylaws, rules, or actions;

4. To enforce compliance with this compact or the bylaws or

rules of the Interstate Commission pursuant to Article XII;

5. To collect standardized data concerning the interstate

placement of children subject to this compact as directed through

its rules which shall specify the data to be collected, the means of

collection, and data exchange and reporting requirements;

6. To establish and maintain offices as may be necessary for

the transacting of its business;

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7. To purchase and maintain insurance and bonds;

8. To hire or contract for services of personnel or consultants

as necessary to carry out its functions under the compact and

establish personnel qualification policies and rates of

compensation;

9. To establish and appoint committees and officers including,

but not limited to, an executive committee as required by Article X;

10. To accept any and all donations and grants of money,

equipment, supplies, materials, and services, and to receive,

utilize, and dispose thereof;

11. To lease, purchase, accept contributions or donations of,

or otherwise to own, hold, improve, or use any property, real,

personal, or mixed;

12. To sell, convey, mortgage, pledge, lease, exchange,

abandon, or otherwise dispose of any property, real, personal, or

mixed;

13. To establish a budget and make expenditures;

14. To adopt a seal and bylaws governing the management and

operation of the Interstate Commission;

15. To report annually to the Legislatures, Governors, the

judiciary, and state advisory councils of the member states

concerning the activities of the Interstate Commission during the

preceding year. Such reports shall also include any recommendations

that may have been adopted by the Interstate Commission;

16. To coordinate and provide education, training, and public

awareness regarding the interstate movement of children for

officials involved in such activity;

17. To maintain books and records in accordance with the bylaws

of the Interstate Commission; and

18. To perform such functions as may be necessary or

appropriate to achieve the purposes of this compact.

ARTICLE X. ORGANIZATION AND OPERATION OF THE

INTERSTATE COMMISSION

A. Bylaws.

1. Within twelve (12) months after the first Interstate

Commission meeting, the Interstate Commission shall adopt bylaws to

govern its conduct as may be necessary or appropriate to carry out

the purposes of the compact.

2. The bylaws and rules of the Interstate Commission shall

establish conditions and procedures under which the Interstate

Commission shall make its information and official records available

to the public for inspection or copying. The Interstate Commission

may exempt from disclosure information or official records to the

extent they would adversely affect personal privacy rights or

proprietary interests.

B. Meetings.

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1. The Interstate Commission shall meet at least once each

calendar year. The chairperson may call additional meetings, and

upon the request of a simple majority of the member states shall

call additional meetings.

2. Public notice shall be given by the Interstate Commission of

all meetings and all meetings shall be open to the public, except as

set forth in the rules or as otherwise provided in the compact. The

Interstate Commission and its committees may close a meeting, or

portion thereof, where it determines by two-thirds (2/3) vote that

an open meeting would be likely to:

a. relate solely to the Interstate Commission’s internal

personnel practices and procedures,

b. disclose matters specifically exempted from disclosure

by federal law,

c. disclose financial or commercial information which is

privileged, proprietary, or confidential in nature,

d. involve accusing a person of a crime, or formally

censuring a person,

e. disclose information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy or physically endanger

one or more persons,

f. disclose investigative records compiled for law

enforcement purposes, or

g. specifically relate to the Interstate Commission’s

participation in a civil action or other legal

proceeding.

3. For a meeting, or portion of a meeting, closed pursuant to

this provision, the Interstate Commission’s legal counsel or

designee shall certify that the meeting may be closed and shall

reference each relevant exemption provision. The Interstate

Commission shall keep minutes which shall fully and clearly describe

all matters discussed in a meeting and shall provide a full and

accurate summary of actions taken and the reasons therefor,

including a description of the views expressed and the record of a

roll-call vote. All documents considered in connection with an

action shall be identified in such minutes. All minutes and

documents of a closed meeting shall remain under seal, subject to

release by a majority vote of the Interstate Commission or by court

order.

4. The bylaws may provide for meetings of the Interstate

Commission to be conducted by telecommunication or other electronic

communication.

C. Officers and Staff.

1. The Interstate Commission may, through its executive

committee, appoint or retain a staff director for such period, upon

such terms and conditions and for such compensation as the

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Interstate Commission may deem appropriate. The staff director

shall serve as secretary to the Interstate Commission, but shall not

have a vote. The staff director may hire and supervise such other

staff as may be authorized by the Interstate Commission.

2. The Interstate Commission shall elect, from among its

members, a chairperson and a vice-chairperson of the executive

committee and other necessary officers, each of whom shall have such

authority and duties as may be specified in the bylaws.

D. Qualified Immunity, Defense and Indemnification.

The Interstate Commission’s staff director and its employees

shall be immune from suit and liability, either personally or in

their official capacity, for a claim for damage to or loss of

property or personal injury or other civil liability caused or

arising out of or relating to an actual or alleged act, error, or

omission that occurred, or that such person had a reasonable basis

for believing occurred within the scope of Commission employment,

duties, or responsibilities; provided, that such person shall not be

protected from suit or liability for damage, loss, injury, or

liability caused by a criminal act or the intentional or willful and

wanton misconduct of such person.

1. The liability of the Interstate Commission’s staff director

and employees or Interstate Commission representatives, acting

within the scope of such person’s employment or duties for acts,

errors, or omissions occurring within such person’s state may not

exceed the limits of liability set forth under the Constitution and

laws of that state for state officials, employees, and agents. The

Interstate Commission is considered to be an instrumentality of the

states for the purposes of any such action. Nothing in this

subsection shall be construed to protect such person from suit or

liability for damage, loss, injury, or liability caused by a

criminal act or the intentional or willful and wanton misconduct of

such person.

2. The Interstate Commission shall defend the staff director

and its employees and, subject to the approval of the Attorney

General or other appropriate legal counsel of the member state,

shall defend the commissioner of a member state in a civil action

seeking to impose liability arising out of an actual or alleged act,

error or omission that occurred within the scope of Interstate

Commission employment, duties or responsibilities, or that the

defendant had a reasonable basis for believing occurred within the

scope of Interstate Commission employment, duties, or

responsibilities, provided that the actual or alleged act, error, or

omission did not result from intentional or willful and wanton

misconduct on the part of such person.

3. To the extent not covered by the state involved, member

state, or the Interstate Commission, the representatives or

employees of the Interstate Commission shall be held harmless in the

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amount of a settlement or judgment, including attorney fees and

costs, obtained against such persons arising out of an actual or

alleged act, error, or omission that occurred within the scope of

Interstate Commission employment, duties, or responsibilities, or

that such persons had a reasonable basis for believing occurred

within the scope of Interstate Commission employment, duties, or

responsibilities, provided that the actual or alleged act, error, or

omission did not result from intentional or willful and wanton

misconduct on the part of such persons.

ARTICLE XI. RULEMAKING FUNCTIONS OF

THE INTERSTATE COMMISSION

A. The Interstate Commission shall promulgate and publish rules

in order to effectively and efficiently achieve the purposes of the

compact.

B. Rulemaking shall occur pursuant to the criteria set forth in

this article and the bylaws and rules adopted pursuant thereto.

Such rulemaking shall substantially conform to the principles of the

“Model State Administrative Procedures Act”, 1981 Act, Uniform Laws

Annotated, Vol. 15, p. 1 (2000), or such other administrative

procedure acts as the Interstate Commission deems appropriate and

consistent with due process requirements under the United States

Constitution as now or hereafter interpreted by the U.S. Supreme

Court. All rules and amendments shall become binding as of the date

specified, as published with the final version of the rule as

approved by the Interstate Commission.

C. When promulgating a rule, the Interstate Commission shall,

at a minimum:

1. Publish the entire text of the proposed rule stating the

reason(s) for that proposed rule;

2. Allow and invite any and all persons to submit written data,

facts, opinions, and arguments, which information shall be added to

the record and be made publicly available; and

3. Promulgate a final rule and its effective date, if

appropriate, based on input from state or local officials, or

interested parties.

D. Rules promulgated by the Interstate Commission shall have

the force and effect of administrative rules and shall be binding in

the compacting states to the extent and in the manner provided for

in this compact.

E. Not later than sixty (60) days after a rule is promulgated,

an interested person may file a petition in the U.S. District Court

for the District of Columbia or in the Federal District Court where

the Interstate Commission’s principal office is located for judicial

review of such rule. If the court finds that the action of the

Interstate Commission is not supported by substantial evidence in

the rulemaking record, the court shall hold the rule unlawful and

set it aside.

Oklahoma Statutes - Title 10. Children Page 138

F. If a majority of the Legislatures of the member states

rejects a rule, those states may by enactment of a statute or

resolution in the same manner used to adopt the compact cause that

rule to have no further force and effect in any member state.

G. The existing rules governing the operation of the Interstate

Compact on the Placement of Children superseded by this act shall be

null and void no less than twelve (12), but no more than twenty-four

(24) months after the first meeting of the Interstate Commission

created hereunder, as determined by the members during the first

meeting.

H. Within the first twelve (12) months of operation, the

Interstate Commission shall promulgate rules addressing the

following:

1. Transition rules;

2. Forms and procedures;

3. Time lines;

4. Data collection and reporting;

5. Rulemaking;

6. Visitation;

7. Progress reports/supervision;

8. Sharing of information/confidentiality;

9. Financing of the Interstate Commission;

10. Mediation, arbitration, and dispute resolution;

11. Education, training, and technical assistance;

12. Enforcement; and

13. Coordination with other interstate compacts.

I. 1. Upon determination by a majority of the members of the

Interstate Commission that an emergency exists the Interstate

Commission may promulgate an emergency rule only if it is required

to:

a. protect the children covered by this compact from an

imminent threat to their health, safety and well-

being,

b. prevent loss of federal or state funds, or

c. meet a deadline for the promulgation of an

administrative rule required by federal law.

2. An emergency rule shall become effective immediately upon

adoption; provided, that the usual rulemaking procedures provided

hereunder shall be retroactively applied to said rule as soon as

reasonably possible, but no later than ninety (90) days after the

effective date of the emergency rule.

3. An emergency rule shall be promulgated as provided for in

the rules of the Interstate Commission.

ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT

A. Oversight.

1. The Interstate Commission shall oversee the administration

and operation of the compact.

Oklahoma Statutes - Title 10. Children Page 139

2. The executive, legislative, and judicial branches of state

government in each member state shall enforce this compact and the

rules of the Interstate Commission and shall take all actions

necessary and appropriate to effectuate the purposes and intent of

the compact. The compact and its rules shall be binding in the

compacting states to the extent and in the manner provided for in

this compact.

3. All courts shall take judicial notice of the compact and the

rules in any judicial or administrative proceeding in a member state

pertaining to the subject matter of this compact.

4. The Interstate Commission shall be entitled to receive

service of process in any action in which the validity of a compact

provision or rule is the issue for which a judicial determination

has been sought and shall have standing to intervene in any

proceedings. Failure to provide service of process to the

Interstate Commission shall render any judgment, order, or other

determination, however so captioned or classified, void as to the

Interstate Commission, this compact, its bylaws or rules of the

Interstate Commission.

B. Dispute Resolution.

1. The Interstate Commission shall attempt, upon the request of

a member state, to resolve disputes which are subject to the compact

and which may arise among member states and between member and

nonmember states.

2. The Interstate Commission shall promulgate a rule providing

for both mediation and binding dispute resolution for disputes among

compacting states. The costs of such mediation or dispute

resolution shall be the responsibility of the parties to the

dispute.

C. Enforcement.

If the Interstate Commission determines that a member state has

defaulted in the performance of its obligations or responsibilities

under this compact, its bylaws, or rules, the Interstate Commission

may:

1. Provide remedial training and specific technical assistance;

2. Provide written notice to the defaulting state and other

member state of the nature of the default and the means of curing

the default. The Interstate Commission shall specify the conditions

by which the defaulting state must cure its default;

3. By majority vote of the members, initiate against a

defaulting member state legal action in the United States District

Court for the District of Columbia or, at the discretion of the

Interstate Commission, in the federal district where the Interstate

Commission has its principal offices, to enforce compliance with the

provisions of the compact, its bylaws, or rules. The relief sought

may include both injunctive relief and damages. In the event

judicial enforcement is necessary the prevailing party shall be

Oklahoma Statutes - Title 10. Children Page 140

awarded all costs of the litigation including reasonable attorney

fees; or

4. Avail itself of any other remedies available under state law

or the regulation of official or professional conduct.

ARTICLE XIII. FINANCING OF THE COMMISSION

A. The Interstate Commission shall pay or provide for the

payment of the reasonable expenses of its establishment,

organization, and ongoing activities.

B. The Interstate Commission may levy on and collect an annual

assessment from each member state to cover the cost of the

operations and activities of the Interstate Commission and its staff

which shall be in a total amount sufficient to cover the Interstate

Commission’s annual budget as approved by its members each year.

The aggregate annual assessment amount shall be allocated based upon

a formula to be determined by the Interstate Commission which shall

promulgate a rule binding upon all member states.

C. The Interstate Commission shall not incur obligations of any

kind prior to securing the funds adequate to meet the same; nor

shall the Interstate Commission pledge the credit of any of the

member states, except by and with the authority of the member state.

D. The Interstate Commission shall keep accurate accounts of

all receipts and disbursements. The receipts and disbursements of

the Interstate Commission shall be subject to the audit and

accounting procedures established under its bylaws. However, all

receipts and disbursements of funds handled by the Interstate

Commission shall be audited yearly by a certified or licensed public

accountant and the report of the audit shall be included in and

become part of the annual report of the Interstate Commission.

ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

A. Any state is eligible to become a member state.

B. The compact shall become effective and binding upon

legislative enactment of the compact into law by no less than

thirty-five states. The effective date shall be the later of July

1, 2008, or upon enactment of the compact into law by the thirty-

fifth state. Thereafter it shall become effective and binding as to

any other member state upon enactment of the compact into law by

that state. The executive heads of the state human services

administration with ultimate responsibility for the child welfare

program of nonmember states or their designees shall be invited to

participate in the activities of the Interstate Commission on a

nonvoting basis prior to adoption of the compact by all states.

C. The Interstate Commission may propose amendments to the

compact for enactment by the member states. No amendment shall

become effective and binding on the member states unless and until

it is enacted into law by unanimous consent of the member states.

ARTICLE XV. WITHDRAWAL AND DISSOLUTION

A. Withdrawal.

Oklahoma Statutes - Title 10. Children Page 141

1. Once effective, the compact shall continue in force and

remain binding upon each and every member state; provided, that a

member state may withdraw from the compact by specifically repealing

the statute which enacted the compact into law.

2. Withdrawal from this compact shall be by the enactment of a

statute repealing the same. The effective date of withdrawal shall

be the effective date of the repeal of the statute.

3. The withdrawing state shall immediately notify the president

of the Interstate Commission in writing upon the introduction of

legislation repealing this compact in the withdrawing state. The

Interstate Commission shall then notify the other member states of

the withdrawing state’s intent to withdraw.

4. The withdrawing state is responsible for all assessments,

obligations and liabilities incurred through the effective date of

withdrawal.

5. Reinstatement following withdrawal of a member state shall

occur upon the withdrawing state reenacting the compact or upon such

later date as determined by the members of the Interstate

Commission.

B. Dissolution of Compact.

1. This compact shall dissolve effective upon the date of the

withdrawal or default of the member state which reduces the

membership in the compact to one member state.

2. Upon the dissolution of this compact, the compact becomes

null and void and shall be of no further force or effect, and the

business and affairs of the Interstate Commission shall be concluded

and surplus funds shall be distributed in accordance with the

bylaws.

ARTICLE XVI. SEVERABILITY AND CONSTRUCTION

A. The provisions of this compact shall be severable, and if

any phrase, clause, sentence or provision is deemed unenforceable,

the remaining provisions of the compact shall be enforceable.

B. The provisions of this compact shall be liberally construed

to effectuate its purposes.

C. Nothing in this compact shall be construed to prohibit the

concurrent applicability of other interstate compacts to which the

states are members.

ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Other Laws.

Nothing herein prevents the enforcement of any other law of a

member state that is not inconsistent with this compact.

B. Binding Effect of the Compact.

1. All lawful actions of the Interstate Commission, including

all rules and bylaws promulgated by the Interstate Commission, are

binding upon the member states.

2. All agreements between the Interstate Commission and the

member states are binding in accordance with their terms.

Oklahoma Statutes - Title 10. Children Page 142

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

constitutional limits imposed on the Legislature of any member

state, such provision shall be ineffective to the extent of the

conflict with the constitutional provision in question in that

member state.

ARTICLE XVIII. INDIAN TRIBES

Notwithstanding any other provision in this compact, the

Interstate Commission may promulgate guidelines to permit Indian

tribes to utilize the compact to achieve any or all of the purposes

of the compact as specified in Article I. The Interstate Commission

shall make reasonable efforts to consult with Indian tribes in

promulgating guidelines to reflect the diverse circumstances of the

various Indian tribes.
Okla. Stat. tit. 10A, § 10A-2-7-202 — OK Code / Title 10A / Section 10A-2-7-202
Office of Juvenile Affairs — Powers and duties
Status: in_force

A. There is hereby created the Office of Juvenile Affairs which

shall be responsible for programs and services for youthful

offenders and juveniles alleged or adjudicated to be delinquent or

in need of supervision. The Executive Director shall be responsible

for established divisions and appointing Division Directors within

the Office of Juvenile Affairs.

B. Suitable office space shall be provided by the Office of

Management and Enterprise Services to the Office of Juvenile

Affairs, to the extent necessary for the Office to implement its

jurisdictional duties provided by the Oklahoma Juvenile Code, and

the Office may incur necessary expenses for office rent.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 399

C. Effective July 1, 1995, the Office of Juvenile Affairs shall

be a Merit System agency and all employees of the Office of Juvenile

Affairs shall be classified employees who are subject to the

Oklahoma Personnel Act and the Merit System of Personnel

Administration, except as otherwise provided by law. Eligible

persons employed as teachers by the Office of Juvenile Affairs shall

be entitled to paid maternity leave as provided for in Section 1 of

this act. Effective June 1, 2020, employees hired for service at

the Southwest Oklahoma Juvenile Center in Manitou shall be

considered unclassified and employed in a term-limited appointment.

If state services continue at the facility after the designated

term, the employee may be transferred into a non-term-limited

position. Current employees and employees hired prior to June 1,

2020, shall not be subject to this provision.

D. Effective July 1, 1995, within its jurisdictional areas of

responsibility, the Office of Juvenile Affairs, acting through the

Executive Director, or persons authorized by law, rule or designated

by the Executive Director to perform such acts, shall have the power

and duty to:

1. Advise, consult, cooperate and enter into agreements with

agencies of the state, municipalities and counties, other states and

the federal government, and other persons;

2. Enter into agreements for, accept, administer and use,

disburse and administer grants of money, personnel and property from

the federal government or any department or agency thereof, or from

any state or state agency, or from any other source, to promote and

carry on in this state any program within its jurisdictional area of

responsibility;

3. Require the establishment and maintenance of records and

reports;

4. Establish a system of training for personnel in order to

assure uniform statewide application of law and rules;

5. Enforce the provisions of the Oklahoma Juvenile Code and

rules promulgated thereunder and orders issued pursuant thereto;

6. Charge and receive fees pursuant to fee schedules

promulgated by the Board of Juvenile Affairs;

7. Conduct studies, research and planning of programs and

functions, pursuant to the authority granted by the Oklahoma

Juvenile Code;

8. Enter into interagency agreements;

9. Provide administrative and support services to the Board of

Juvenile Affairs as necessary to assist the Board in the performance

of its duties;

10. Establish and maintain such facilities and institutions as

are necessary or convenient for the operation of programs for

children under the jurisdiction of the Office of Juvenile Affairs;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 400

11. Lease, from time to time, any real property which the Board

of Juvenile Affairs shall determine advisable to more fully carry

into effect the operation of the Office of Juvenile Affairs in

accordance with applicable state statutes. All such leases for real

property shall be subject to the provisions of Section 63 of Title

74 of the Oklahoma Statutes;

12. Purchase or lease any equipment, supplies or materials

pursuant to the Oklahoma Central Purchasing Act;

13. Contract for professional services;

14. Acquire, construct, extend, and operate any and all

facilities of all kinds which in the judgment of the Executive

Director and the approval of the Legislature shall be necessary or

convenient to carry out the duties of the Office of Juvenile

Affairs, as authorized by law;

15. Establish an employee recruitment and referral incentive

program and promulgate internal agency policy for the operation of

the program, which may include, but shall not be limited to, program

purposes, pay incentives for employees, eligibility requirements,

payment conditions and amounts, payment methods, payment recoupment,

and record keeping; and

16. Exercise all incidental powers which are necessary and

proper to implement and administer the purposes of the Oklahoma

Juvenile Code.

E. The Office of Juvenile Affairs shall maintain a fair, simple

and expeditious system for resolution of grievances of all persons

committed to the Office of Juvenile Affairs regarding the substance

or application of any written or unwritten policy, rule of the Board

of Juvenile Affairs or of an agent or contractor of the Office of

Juvenile Affairs or any decision, behavior or action by an employee,

agent or contractor or by any other person committed to the Office

of Juvenile Affairs.

F. Effective November 1, 2012, the Office of Juvenile Affairs

shall establish a system of certification in accordance with the

Oklahoma Child Care Facilities Licensing Act for the shelters

managed and operated by the Department of Human Services pursuant to

the requirements of Section 1-9-111 of this title. The Office of

Juvenile Affairs shall certify shelters pursuant to the requirements

of existing rules as established by the Oklahoma Commission on

Children and Youth until such time the Office of Juvenile Affairs

has promulgated rules for the certification of shelters.
Okla. Stat. tit. 10, § 10-7302-4.2 — OK Code / Title 10 / Section 10-7302-4.2
Renumbered as § 2-7-402 of Title 10A by Laws 2009, c
Status: in_force

234, § 172, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1206 — OK Code / Title 10 / Section 10-1206
Renumbered as § 7305-1.6 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-175.8 — OK Code / Title 10 / Section 10-175.8
Fund - State Treasurer
Status: in_force

(a) The State Treasurer shall receive all funds, and act as

custodian thereof, granted to the State by the Federal Government

for the purposes specified in this Act, and shall keep such funds in

a special account to be known by the title "Federal Crippled

Children's Funds," and these funds shall be disbursed upon claims

approved by the Director and filed with the Budget Director for

payment.

(b) All monies, except reimbursement for expenditures from

Federal sources, collected by the Commission through the authority

of this Act, from parents, other persons, agencies, or counties

Oklahoma Statutes - Title 10. Children Page 64

shall be deposited with the State Treasurer, who shall act as

custodian thereof, and shall keep such funds in a revolving fund, to

be known by the title of "State Crippled Children's Fund," and these

funds are hereby appropriated for the purposes specified in this Act

and shall be disbursed upon claims approved by the Director and

filed with the Budget Director for payment.
Okla. Stat. tit. 10, § 10-557.21 — OK Code / Title 10 / Section 10-557.21
Death of intended parent prior to birth of child –
Status: in_force

Testamentary and inheritance rights.

A. In the event that an intended parent predeceases the birth

of a child contemplated by a validated gestational agreement, the

terms and conditions of the gestational agreement shall remain in

full force and effect, and upon birth the resulting child shall be

delivered into the sole care and custody of the surviving intended

parent, if an intended parent so survives. If there are no

surviving intended parents, the child shall be delivered into the

sole care and custody of the guardian nominated in the estate

planning documents of the intended parents. If no such guardian

will accept or is fit to accept the sole care and custody of the

child, or if no valid estate planning documents of the intended

parents are then in effect, the child shall be delivered into the

sole care and custody of a guardian designated by the court as

provided by Oklahoma law, and in such instances nothing in the

Oklahoma Gestational Agreement Act shall prohibit a gestational

carrier or gestational spouse from being designated by the court as

the child's guardian.

B. Any child conceived by assisted reproduction and pursuant to

the terms of a validated gestational agreement shall have all

testamentary and inheritance rights from the intended parents and

shall have no testamentary or inheritance rights from the

gestational carrier or any spouse of the gestational carrier if she

is married. The intended parents shall have testamentary and

inheritance rights from the resulting child as parents, and the

gestational carrier and any spouse of the gestational carrier if she

is married shall have no testamentary or inheritance rights from the

resulting child as parents.
Okla. Stat. tit. 10, § 10-61.55 — OK Code / Title 10 / Section 10-61.55
Renumbered as § 60.55 of this title by Laws 1995, c
Status: in_force

353, § 21, eff. Nov. 1, 1995.
Okla. Stat. tit. 10, § 10-7003-2.1 — OK Code / Title 10 / Section 10-7003-2.1
Renumbered as § 1-4-201 of Title 10A by Laws 2009, c. 233, § 226, emerg. eff. May
Status: in_force

Oklahoma Statutes - Title 10. Children Page 13233, § 226, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1104 — OK Code / Title 10 / Section 10-1104
Renumbered as § 7003-3.4 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-4-109 — OK Code / Title 10A / Section 10A-2-4-109
Citizens' advisory committee
Status: in_force

A. To aid in the more effective administration of the statutes

relating to juveniles and for the purpose of counsel and advice,

there is created a citizens' advisory committee consisting of a

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 350

minimum of seven members, to serve without pay, appointed by the

judge of the Juvenile Division assigned to try juvenile cases, who

shall serve for a period of four (4) years and until their

successors are appointed.

B. The membership of such committee shall contain an official

or employee of the public schools of the county, a professional

social worker employed by any recognized social agency in the

county, a member of the board of county commissioners of the county,

an attorney licensed to practice in the State of Oklahoma to be

selected by the members of the County Bar Association of the county,

and three other members selected at will by the judge of the

Juvenile Division; and of the seven members, three shall be women,

and all members shall, at the date of their appointment, be legal

residents of the county.
Okla. Stat. tit. 10A, § 10A-2-7-303 — OK Code / Title 10A / Section 10A-2-7-303
Community-based programs
Status: in_force

The Office of Juvenile Affairs, in its role as planner and

coordinator for juvenile justice and delinquency prevention

services, is hereby authorized to and shall enter into contracts for

the establishment and maintenance of community-based facilities,

services and programs which may include, but are not limited to:

Children's emergency resource center, diagnosis, crisis

intervention, counseling, group work, case supervision, job

placement, school-based prevention programs, alternative diversion

programs for first-time offenders and for youth alleged or

adjudicated to be in need of supervision, recruitment and training

of volunteers, consultation, case management services, and agency

coordination with emphasis on keeping youth with a high potential

for delinquency out of the traditional juvenile justice process and

community intervention centers. The Office of Juvenile Affairs

shall enter into contracts with Youth Services Agencies for core

community-based facilities, programs and services based on need as

indicated in its State Plan for Youth Services Agencies.
Okla. Stat. tit. 10A, § 10A-1-4-709 — OK Code / Title 10A / Section 10A-1-4-709
Permanent guardianship
Status: in_force

A. The court may establish a permanent guardianship between a

child and a relative or other adult if the guardianship is in the

child's best interests and all of the following conditions are

substantially satisfied:

1. The child has been adjudicated to be a deprived child;

2. The parent has:

a. consented to the guardianship,

b. had his or her parental rights terminated,

c. failed to substantially correct the conditions that

led to the adjudication of the child,

d. been adjudicated as incompetent or incapacitated by a

court,

e. abandoned the child,

f. failed to be identified or has not been located

despite reasonably diligent efforts to ascertain the

whereabouts of the parent, or

g. died;

3. The child consents to the guardianship if the court finds

the child to be of sufficient intelligence, understanding, and

experience to provide consent;

4. Termination of the parent's rights is either not legally

possible or not in the best interests of the child or adoption is

not the permanency plan for the child;

5. The child and the prospective guardian do not require

protective supervision or preventive services to ensure the

stability of the guardianship;

6. The prospective guardian is committed to providing for the

child until the child reaches the age of majority and to preparing

the child for adulthood and independence;

7. The prospective guardian agrees not to return the child to

the care of the person from whom the child was removed nor to allow

visitation without the approval of the court; and

8. The child has been residing or placed with the proposed

guardian for at least the six (6) preceding months or the permanent

guardian is a relative with whom the child has a relationship.

B. In proceedings for permanent guardianship, the court shall

give primary consideration to the physical and behavioral health

needs of the child.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 126

C. A permanent guardianship pursuant to subsection A of this

section shall not be permitted if:

1. The prospective guardian would be denied placement as a

prospective foster or adoptive parent pursuant to subsection C of

Section 1-4-705 of this title;

2. The prospective guardian is subject to the Oklahoma Sex

Offenders Registration Act or living with an individual subject to

the Oklahoma Sex Offenders Registration Act; or

3. The prospective guardian is the parent of the child and has

had his or her parental rights terminated.

D. Unless otherwise set forth in the final order of permanent

guardianship, a permanent guardian is vested with all of the rights

and responsibilities as set forth in Title 30 of the Oklahoma

Statutes relating to the powers and duties of a guardian of a minor,

other than those rights and responsibilities retained by the child's

parent, if any, that are set forth in the decree of permanent

guardianship.
Okla. Stat. tit. 10, § 10-1619 — OK Code / Title 10 / Section 10-1619
Renumbered as § 519 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-1204 — OK Code / Title 10 / Section 10-1204
Renumbered as § 7305-1.4 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-9-101 — OK Code / Title 10A / Section 10A-2-9-101
Short title
Status: in_force

This act shall be known and cited as the “Interstate Compact for

Juveniles Act”.
Okla. Stat. tit. 10A, § 10A-1-6-103 — OK Code / Title 10A / Section 10A-1-6-103
Inspection of records without court order
Status: in_force

A. Juvenile court records and Department of Human Services

agency records pertaining to a child may be inspected, and their

contents shall be disclosed, without a court order to the following

persons upon showing of proper credentials and pursuant to their

lawful duties:

1. The court having the child currently before it in any

proceeding pursuant to this title, any district court or tribal

court to which such proceedings may be transferred, employees and

officers of the court in the performance of their duties, including

but not limited to guardians ad litem appointed by the court, and

court-appointed special advocates;

2. A district attorney, United States Attorney, or Attorney

General of this or another state and the employees of such offices

in the course of their official duties pursuant to this title or the

prosecution of crimes against children, or upon their request in

their official capacity as advisor in a grand jury proceeding;

3. The attorney representing a child who is the subject of a

proceeding pursuant to the provisions of this title or other

proceeding where child custody or visitation is at issue;

4. Employees of juvenile bureaus in the course of their

official duties pursuant to this title, and employees of the

Department of Human Services in the course of their official duties;

5. Employees of a law enforcement agency of this or another

state or military enclave and employees of a child protective

service of another state or military enclave in the course of their

official duties pertaining to investigations of a report of known or

suspected child abuse or neglect or crimes against children or for

the purpose of determining whether to place a child in protective

custody;

6. The Oklahoma Commission on Children and Youth as provided by

Sections 601.2 and 601.6 of Title 10 of the Oklahoma Statutes;

7. The Office of Juvenile Affairs;

8. A federally recognized Indian tribe in which the child who

is the subject of the record is a member or is eligible to become a

member of the tribe and is the biological child of a member of an

Indian tribe pursuant to the provisions of the Federal Indian Child

Welfare Act and the Oklahoma Indian Child Welfare Act; provided such

Indian tribe, in the course of its official duties, is:

a. investigating a report of known or suspected child

abuse or neglect or crimes against children or for the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 180

purpose of determining whether to place a child in

protective custody,

b. providing services to or for the benefit of a child

including, but not limited to, protective, emergency,

social and medical services, or

c. the tribe, the tribal court or the tribal child

welfare program has asserted jurisdiction or

intervened in any case in which the child is the

subject of the proceedings or is a party to the

proceedings pursuant to the authority provided in the

Oklahoma Indian Child Welfare Act.

The records that are to be provided to Indian tribes under this

subsection shall include all case records, reports, and documents as

defined in Section 1-6-101 of this title;

9. The Governor or to any person the Governor designates, in

writing;

10. Any federal official of the United States Department of

Health and Human Services;

11. Any member of the Legislature approved in writing by the

Speaker of the House of Representatives or the President Pro Tempore

of the Senate;

12. A foster parent, with regard to records concerning the

social, medical, psychological, or educational needs of a child

currently placed with that foster parent or of a child being

considered for placement with that foster parent;

13. An employee of any state or federal corrections or law

enforcement agency in the performance of the official duties of the

employee concerning presentence investigations or supervision of a

parent of an alleged or adjudicated deprived child, or the legal

guardian, custodian, or any other adult member of the child’s home

who is responsible for the health, safety, or welfare of the child;

14. An employee of a state agency of this or another state in

the performance of the official duties of the employee concerning

the establishment of paternity or the establishment or enforcement

of a child support order or other entitlement for the benefit of a

child; provided, disclosure shall be limited to information directly

related to the purpose of such disclosure;

15. Any member of a city-county Health Department Fetal Infant

Mortality Review (FIMR) in the performance of the official duties of

the member concerning investigations of fetal and infant

mortalities; provided, disclosure shall be limited to information

directly related to the purpose of such disclosure;

16. Any designated federal authorities at the federal military

installation where a service member is assigned, when the child is a

member of an active duty military family, as provided by paragraph 4

of subsection A of Section 1-2-102 of this title;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 181

17. Any member of the Child Welfare Review Committee for the

Death and Near Death of Children With Disabilities as established by

Section 1-10-103 of this title; and

18. The Office of Client Advocacy within the State Department

of Health.

B. In addition to the persons listed in subsection A of this

section, juvenile court records may be inspected, and their contents

shall be disclosed, without a court order to the following persons

upon showing of proper credentials and pursuant to their lawful

duties:

1. Employees of court-appointed special advocate programs, as

defined in Section 1-1-105 of this title, in the course of their

official duties pertaining to recruiting, screening, training,

assigning cases, supervising, and supporting volunteers in their

roles as guardian ad litem pursuant to Section 1-4-306 of this

title;

2. Members of postadjudication review boards established

pursuant to the provisions of Section 1116.2 of Title 10 of the

Oklahoma Statutes, the Child Death Review Board, and

multidisciplinary personnel. In addition to juvenile court records,

members of such postadjudication review boards may inspect, without

a court order, information that includes, but is not limited to:

a. psychological and medical records,

b. placement history and information, including the names

and addresses of foster parents,

c. family assessments,

d. treatment or service plans, and

e. school records;

3. The Department of Human Services or other public or private

agency or individual having court-ordered custody or physical

custody pursuant to Department placement of the child, or conducting

a child abuse or neglect investigation of the child who is the

subject of the record. In addition to juvenile court records,

employees of the Department may inspect, without a court order and

upon a showing of proper credentials and pursuant to their lawful

duties, information that includes, but is not limited to:

a. psychological and medical records, and

b. nondirectory education records;

4. The child who is the subject of the record and the parents,

legal guardian, custodian, or foster parent of such child; and

5. A person authorized by the court to conduct bona fide

research, provided such research may not publish the names or

identities of parents, children, or other persons contained in the

records.

C. In addition to the persons and entities named in subsection

A of this section, Department of Human Services agency records may

be inspected, and their contents shall be disclosed, without a court

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 182

order to the following persons upon showing of proper credentials

and pursuant to their lawful duties:

1. Postadjudicatory review boards, court-appointed special

advocates, and members of the Child Death Review Board;

2. Any district court which has ordered a home study by the

Department in an action for divorce, annulment, custody of a child,

or appointment of a legal guardian of a child, or any subsequent

proceeding in such actions; provided, however, the Department may

limit disclosure in the home study to summaries or to information

directly related to the purpose of the disclosure;

3. Members of multidisciplinary teams or multidisciplinary

personnel designated by the Department, investigating a report of

known or suspected child abuse or neglect or providing services to a

child or family which is the subject of the report;

4. A physician who has before him or her a child whom the

physician reasonably suspects may be abused or neglected or any

health care or mental health professionals involved in the

evaluation or treatment of the child or the parents, legal guardian,

foster parent, custodian, or other family members of the child;

5. Any public or private agency or person authorized by the

Department to diagnose, or provide care, treatment, supervision, or

other services to a child who is the subject of a report or record

of child abuse or neglect; provided, the Department may limit such

disclosure to summaries or to information directly necessary for the

purpose of such disclosure;

6. Any person or agency for research purposes, if all of the

following conditions are met:

a. the person or agency conducting the research is

employed by the State of Oklahoma or is under contract

with this state and is authorized by the Department to

conduct the research, and

b. the person or agency conducting the research ensures

that all documents containing identifying information

are maintained in secure locations and access to the

documents by unauthorized persons is prohibited; that

no identifying information is included in documents

generated from the research conducted; and that all

identifying information is deleted from documents used

in the research when the research is completed;

7. The Oklahoma Health Care Authority; and

8. A medical examiner when such person is determining the cause

of death of a child.

D. In accordance with the rules promulgated for such purpose

pursuant to Section 620.6 of Title 10 of the Oklahoma Statutes,

records listed in subsection A of Section 1-6-102 of this title may

be inspected and their contents disclosed without a court order to

participating agencies.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 183

E. The court may disclose to an employee of an out-of-state

entity, licensed to perform adoption home studies in that state,

whether the prospective adoptive parent has had parental rights to a

child terminated in Oklahoma or whether the prospective adoptive

parent has relinquished parental rights to a child in Oklahoma.

F. Nothing in this section shall be construed as prohibiting

the Department from disclosing such confidential information as may

be necessary to secure appropriate care, treatment, protection or

supervision of a child alleged to be abused or neglected.
Okla. Stat. tit. 10, § 10-1124 — OK Code / Title 10 / Section 10-1124
Renumbered as § 7003-8.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-8-108 — OK Code / Title 10A / Section 10A-2-8-108
Transfer of registration to adult sex offender
Status: in_force

registry - Petition.

When a registered juvenile sex offender reaches twenty-one (21)

years of age or is otherwise released from the custody of the Office

of Juvenile Affairs, the district attorney may petition the court to

transfer the person’s registration to the adult sex offender

registry maintained by the Department of Corrections, subject to the

provisions of Section 581 et seq. of Title 57 of the Oklahoma

Statutes. After notice, if the court determines at a hearing that

the person who is registered on the juvenile sex offender registry

is likely to or does pose an ongoing serious or aggressive threat to

the public or children under sixteen (16) years of age, the court

shall order that the delinquent act be deemed an adult criminal

conviction for the purpose of registration, notification, and public

information access pursuant to Section 581 et seq. of Title 57 of

the Oklahoma Statutes. If no petition is filed within ninety (90)

days following the twenty-first birthday of the person or the date

of release from custody, or if the court determines the person is

not likely to or does not pose an ongoing serious or aggressive

threat to the public or children under sixteen (16) years of age,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 462

the juvenile’s name and information shall be deleted from the

juvenile sex offender registry, and the person may not be included

in the adult sex offender registry.
Okla. Stat. tit. 10, § 10-1150.3 — OK Code / Title 10 / Section 10-1150.3
Board - Membership - Officers - Meetings - Compensation
Status: in_force

- Administrative assistance and services.

A. The Child Death Review Board shall be composed of twenty-

seven (27) members, or their designees, as follows:

1. Fourteen of the members shall be:

a. the Chief Medical Examiner,

b. the Director of the Department of Human Services, or a

designee, provided the designee shall be a person

assigned to the Child Welfare Division of the

Department,

c. the State Commissioner of Health,

d. the Director of the Office of Child Abuse Prevention,

e. the Director of the Oklahoma Commission on Children

and Youth,

f. the Chief Child Abuse Medical Examiner,

g. the Chief of Maternal and Child Health Services of the

State Department of Health,

h. the Commissioner of Mental Health and Substance Abuse

Services,

i. the Chair of the Child Protection Team of the Oklahoma

Children's Hospital,

Oklahoma Statutes - Title 10. Children Page 204

j. the Director of the Office of Juvenile Affairs,

k. the Chief of Injury Prevention Services of the State

Department of Health,

l. the State Epidemiologist of the State Department of

Health,

m. the Director of the Oklahoma State Bureau of

Investigation, and

n. the Chief Executive Officer of the Oklahoma Health

Care Authority; and

2. Thirteen of the members shall be appointed by the Director

of the Oklahoma Commission on Children and Youth, shall serve for

terms of two (2) years, and shall be eligible for reappointment.

The members shall be persons having training and experience in

matters related to the abuse or neglect of a child. The appointed

members shall include:

a. a law enforcement officer selected from lists

submitted by the executive boards of organizations

representing sheriffs and peace officers in this

state,

b. an attorney licensed in this state who is in private

practice selected from a list submitted by the

executive board of the Oklahoma Bar Association,

c. a district attorney selected from a list submitted by

the District Attorney's Council,

d. a physician selected from lists submitted by statewide

organizations representing physicians in this state,

e. a physician selected from lists submitted by statewide

organizations representing osteopathic physicians in

this state,

f. a member of the State Post-Adjudication Review

Advisory Board,

g. a social worker selected from a list submitted by each

organization representing social workers,

h. an individual selected from lists submitted by

Oklahoma court-appointed special advocate

associations,

i. a psychologist selected from lists submitted by

Oklahoma psychological associations,

j. a member of a Native American Tribe involved in the

area of protection of Native American children

selected from a list submitted by the Oklahoma Indian

Affairs Commission,

k. an individual selected from lists submitted by

Oklahoma coalitions or associations against domestic

violence and sexual assault,

Oklahoma Statutes - Title 10. Children Page 205

l. a pediatric physician selected from lists submitted by

organizations of pediatric physicians or osteopaths,

and

m. a member of an emergency medical technicians

association.

B. Every two (2) years the Board shall elect from among its

membership a chair and a vice-chair. The Board shall meet at least

quarterly and may meet more frequently as necessary as determined by

the chair. Members shall serve without compensation but may be

reimbursed for necessary travel out of funds available to the

Commission pursuant to the State Travel Reimbursement Act; provided,

that the reimbursement shall be paid in the case of state employee

members by the agency employing the member.

C. With funds appropriated or otherwise available for that

purpose, the Commission shall provide administrative assistance and

services to the Child Death Review Board.
Okla. Stat. tit. 10, § 10-1118 — OK Code / Title 10 / Section 10-1118
Renumbered as § 7003-6.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-116a — OK Code / Title 10 / Section 10-116a
Appointment - Qualifications - Political activities -
Status: in_force

Application of act - United States and agencies, powers respecting -

Arrests - Information - Seal.

(a) A majority of the courts of record of such county shall

appoint a person of good character with training and experience in

probation, parole or other related form of social case work.

(b) Said probation officer shall not in any manner be concerned

in demanding, soliciting or receiving any assessments, subscriptions

or contributions, whether voluntary or involuntary, to any political

party. It shall be unlawful for any such person to be in any manner

concerned with demanding or soliciting such assessments,

subscriptions or contributions from any person.

Any person who shall violate any of the provisions of this

section shall be guilty of a misdemeanor, and upon conviction

thereof shall be punished by a fine not exceeding Five Hundred

Dollars ($500.00) or imprisonment not exceeding one (1) year, or

both, and in addition thereto any person so convicted shall forfeit

his office or employment and shall not thereafter be employed by the

courts in any capacity. It shall be the duty of the courts to

dismiss from office any officer or other employee thereof who shall

violate any of the provisions of this section.

(c) The provisions of this act are hereby extended to all

persons who, at the effective date thereof, may be on probation or

parole, or eligible to be placed on probation or parole under

existing laws, with the same force and effect as if this act had

been in operation at the time such persons were placed on probation

or parole or became eligible to be placed thereon as the case may

be.

(d) Said probation officer shall have the authority to accept

from the United States or any of its agencies and from the State of

Oklahoma or any of its agencies, such advisory services, funds,

Oklahoma Statutes - Title 10. Children Page 54

equipment or supplies as may be made available to said officer for

any of the purposes contemplated by this act, and to enter into such

contracts and agreements with the United States, or any of its

agencies, the State of Oklahoma or any of its agencies, as may be

necessary, proper, and convenient, not contrary to the laws of this

state.

(e) Any probation officer may arrest a probationer or parolee

without a warrant or may deputize any other officer with power of

arrest to do so by giving him a written statement setting forth that

the probationer or parolee has, in the judgment of the probation

officer, violated the conditions of probation.

(f) All penal, eleemosynary or other institution under the

jurisdiction of the State of Oklahoma, and any law enforcement

agency or officer of the state or of any city or county within this

state shall furnish said probation officer with any and all

information requested by him pertaining to any person placed on

probation or under his jurisdiction.

(g) Said officer shall adopt an official seal of which the

courts shall take judicial notice, said seal shall be placed upon

all official correspondence or papers pertaining to any case coming

within his jurisdiction.
Okla. Stat. tit. 10, § 10-7106 — OK Code / Title 10 / Section 10-7106
Renumbered as § 1-2-105 of Title 10A by Laws 2009, c
Status: in_force

233, § 216, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-9-105 — OK Code / Title 10A / Section 10A-1-9-105
Program planning and monitoring
Status: in_force

A. The Department of Human Services shall carefully define the

children and youth programs of the Department as to their purpose,

the population served, and performance expectations. Planning for

new programs and services and major modifications to existing ones

shall include evaluation of their effect on other programs and

services and communication and coordination with other public and

private children and youth service providers in order to assure

successful and cost-effective implementation of the program. An

evaluation component that includes monitoring and evaluation of

client outcomes shall be incorporated into all of the Department's

programs and services to children and youth, whether provided

directly by the agency or through a contract.

1. All programs and services shall be designed to ensure the

accessibility of the program to the persons served. Provision for

transportation, child care and similar services necessary in order

to assist persons to access the services shall be made. If the

service is provided in an office setting, the service shall be

available during the evening.

2. Programs and services shall be targeted to the areas of the

state having the greatest need for them. The programs and services

shall be designed to meet the needs of the area in which they are

located. Programs and services intended for statewide

implementation shall be implemented first in those areas that have

the greatest need for them.

3. As a part of the Department's program planning and

monitoring processes, the Department shall examine its programs and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 225

services to children and youth to ensure that the practices within

them do not operate to detriment of minority children and youth.

4. All child care services and facilities operated by the

Department shall be accredited by the National Council on

Accreditation, when applicable.

B. The Department shall develop a five-year plan for children

and youth services provided by the agency. The plan shall be

reviewed annually and modified as necessary. Agency budget

recommendations of the Department for services to children and youth

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

recommendations and priorities shall be closely integrated with

agency and interagency program planning and management.

C. The Department shall annually review its programs and

services and submit a report to the Governor, the Speaker of the

House of Representatives, the President Pro Tempore of the Senate,

and the Supreme Court of the State of Oklahoma, analyzing and

evaluating the effectiveness of the programs and services being

carried out by the Department. Such report shall include, but not

be limited to:

1. An analysis and evaluation of programs and services

continued, established and discontinued during the period covered by

the report;

2. A description of programs and services which should be

implemented;

3. Statutory changes necessary;

4. Relevant information concerning the number of children in

the Department's custody during the period covered by the report;

and

5. Such other information as will enable a user of the report

to ascertain the effectiveness of the Department's programs and

services.

D. The Department shall, on or before January 31 of each year,

submit a report to the Governor, President Pro Tempore of the

Senate, Speaker of the House of Representatives and the Oklahoma

Supreme Court which shall include:

1. Information concerning the number of children in the

Department's custody that are placed in nonfamily settings,

including but not limited to the types of settings utilized and the

duration of the children's stays in such settings;

2. A census of approved foster homes and the number of children

placed in those homes and a comparative review of foster home room-

and-board rates; and

3. Information concerning child welfare staff workloads and

comparative salaries for such staff.
Okla. Stat. tit. 10, § 10-603.3 — OK Code / Title 10 / Section 10-603.3
Renumbered as § 7004-1.3 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-1-4-803 — OK Code / Title 10A / Section 10A-1-4-803
Placement of child in the custody of the Department
Status: in_force

of Human Services.

If the court determines it would be in the best interests of a

child, the court may place the child in the legal custody of the

Department of Human Services. Whenever a child is in the custody of

the Department, the court shall not have the authority to order a

specific placement of the child but shall have the authority to

approve or disapprove a specific placement if it does not conform to

statutory requirements and the best interests of the child.
Okla. Stat. tit. 10, § 10-7505-4.3 — OK Code / Title 10 / Section 10-7505-4.3
Inquiry to identify unknown or putative father
Status: in_force

A. If, at any time in a proceeding for adoption or for

termination of a relationship of parent and child pursuant to the

Oklahoma Adoption Code, the court finds that an unknown father or

putative father of the child may not have received notice, the court

shall determine whether he can be identified. The determination

must be based on evidence that includes inquiry of appropriate

persons in an effort to identify an unknown father or putative

father for the purpose of providing notice.

B. The inquiry required by subsection A of this section must

include whether:

1. The woman who gave birth to the child was married at the

probable time of conception of the child, or at a later time;

2. The woman was cohabiting with a man at the probable time of

conception of the child;

3. The woman has received payments or promises of support,

other than from a governmental agency, with respect to the child or

because of her pregnancy;

4. The woman has named any individual as the father on the

birth certificate of the child or in connection with applying for or

receiving public assistance; and

Oklahoma Statutes - Title 10. Children Page 356

5. Any individual has formally or informally acknowledged or

claimed paternity of the child in a jurisdiction in which the woman

resided during or since her pregnancy, or in which the child has

resided or resides, at the time of the inquiry.

C. If inquiry pursuant to subsection B of this section

identifies as the father or putative father of the child an

individual who has not received notice of the proceeding, the court

shall require notice to be served upon him pursuant to Section 7505-

2.1 or 7505-4.1 of this title.

D. If, in an inquiry pursuant to this section, the woman who

gave birth to the child fails to disclose the identity of a possible

father or reveal his whereabouts, she must be advised that the lack

of information about the father's medical and genetic history may be

detrimental to the child. She should also be advised that any false

statement that she might make under oath or affirmation at a hearing

or trial before the court regarding her knowledge of the identity or

whereabouts of a possible father, if she knows or believes that the

statement is not true or intends thereby to obstruct the

ascertainment of the truth, could constitute grounds for a criminal

prosecution for perjury.
Okla. Stat. tit. 10A, § 10A-2-2-104 — OK Code / Title 10A / Section 10A-2-2-104
Preliminary inquiry - Petition
Status: in_force

A. A preliminary inquiry shall be conducted to determine

whether the interests of the public or of the child who is within

the purview of the Oklahoma Juvenile Code require that further court

action be taken. If it is determined by the preliminary inquiry

that no further action be taken and if agreed to by the district

attorney, the intake worker may make such informal adjustment

without a petition.

B. In the course of the preliminary inquiry, the intake worker

shall:

1. Hold conferences with the child and the parents, guardian or

custodian of the child for the purpose of discussing the disposition

of the referral made;

2. Interview such persons as necessary to determine whether the

filing of a petition would be in the best interests of the child and

the community;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 283

3. Check existing records of any district court or tribal

court, law enforcement agencies, Office of Juvenile Affairs, and

Department of Human Services;

4. Obtain existing mental health, medical and educational

records of the child with the consent of the parents, guardian or

custodian of the child or by court order; and

5. Administer any screening and assessment instruments or refer

for necessary screening and assessments to assist in the

determination of any immediate needs of the child as well as the

immediate risks to the community. All screening and assessment

instruments shall be uniformly used by all intake workers, including

those employed by juvenile bureaus, and shall be instruments

specifically prescribed by the Office of Juvenile Affairs.

C. Upon review of any information presented in the preliminary

inquiry, the district attorney may consult with the intake worker to

determine whether the interests of the child and the public will be

best served by the dismissal of the complaint, the informal

adjustment of the complaint, or the filing of a petition.

D. Informal adjustment may be provided to the child by the

intake worker only where the facts reasonably appear to establish

prima facie jurisdiction and are admitted and where consent is

obtained from the district attorney, the parent of the child, legal

guardian, legal custodian, or legal counsel, if any, and the child.

The informal adjustment is an agreement whereby the child agrees to

fulfill certain conditions in exchange for not having a petition

filed against the child. The informal adjustment shall be completed

within a period of time not to exceed six (6) months and shall:

1. Be voluntarily entered into by all parties;

2. Be revocable by the child at any time by a written

revocation;

3. Be revocable by the intake worker in the event there is

reasonable cause to believe the child has failed to carry out the

terms of the informal adjustment or has committed a subsequent

offense;

4. Not be used as evidence against the child at any

adjudication hearing;

5. Be executed in writing and expressed in language

understandable to the persons involved; and

6. Become part of the juvenile record of the child.

E. The informal adjustment agreement under this section may

include, among other suitable methods, programs and procedures, the

following:

1. Participation in or referral to counseling, a period of

community service, drug or alcohol education or treatment,

vocational training or any other legal activity which in the opinion

of the intake officer would be beneficial to the child and family of

the child;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 284

2. Require the child to undergo a behavioral health evaluation

and, if warranted, undergo appropriate care or treatment;

3. Restitution providing for monetary payment by the parents or

child to the victim who was physically injured or who suffered loss

of or damage to property as a result of the conduct alleged. Before

setting the amount of restitution, the intake officer shall consult

with the victim concerning the amount of damages; or

4. Informal adjustment projects, programs and services may be

provided through public or private agencies.

If the intake worker has reasonable cause to believe that the child

has failed to carry out the terms of the adjustment agreement or has

committed a subsequent offense, in lieu of revoking the agreement,

the intake worker may modify the terms of the agreement and extend

the period of the agreement for an additional six (6) months from

the date on which the modification was made with the consent of the

child or counsel of the child, if any.

F. If an informal adjustment is agreed to pursuant to

subsection D of this section, the informal adjustment agreement may

require the child to pay a fee equal to no more than what the court

costs would have been had a petition been filed. The child shall

remit the fee directly to the agency responsible for the monitoring

and supervision of the child. If the supervising agency is a

juvenile bureau, then the fee shall be remitted to a revolving fund

of the county in which the juvenile bureau is located to be

designated the "Juvenile Deferral Fee Revolving Fund" and shall be

used by the juvenile bureau to defray costs for the operation of the

juvenile bureau. In those counties without juvenile bureaus and in

which the Office of Juvenile Affairs or one of their contracting

agencies provides the monitoring and supervision of the juvenile,

the fee shall be paid directly to the Office of Juvenile Affairs and

shall be used to defray the costs for the operation of the Office of

Juvenile Affairs.
Okla. Stat. tit. 10, § 10-1507.19 — OK Code / Title 10 / Section 10-1507.19
Renumbered as § 7306-2.5 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-40 — OK Code / Title 10 / Section 10-40
Short title
Status: in_force

Sections 1 through 10 of this act shall be known and may be

cited as the "Oklahoma Indian Child Welfare Act".
Okla. Stat. tit. 10, § 10-1116.6v1 — OK Code / Title 10 / Section 10-1116.6v1
Postadjudication Review Advisory Board
Status: in_force

Oklahoma Statutes - Title 10. Children Page 193

A. There is hereby created a State Postadjudication Review

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

The Advisory Board shall have the duty of overseeing the

implementation of the state postadjudication review program in

coordination with the Oklahoma Commission on Children and Youth.

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

appointed by the Governor as follows:

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

boards throughout the state;

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

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

may be foster parents;

4. One of the members appointed after the effective date of

this act shall be a foster parent representing foster parents who

have a current contract with the Department of Human Services to

provide foster care services;

5. One of the members appointed after the effective date of

this act shall be a foster parent representing child-placing

agencies which have current contracts with the Department to provide

foster care services; and

6. One of the members appointed after the effective date of

this act shall be a foster parent nominated by any local or

statewide foster parent association.

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

administrative heads of the divisions which have foster care

responsibilities within the Department of Human Services and the

Office of Juvenile Affairs or their designees shall serve as ex

officio members of the Board.

C. The Director of the Oklahoma Commission on Children and

Youth shall be the clerk of the Advisory Board.

The Advisory Board shall have the duty to:

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

2. Serve, in coordination with the Oklahoma Commission on

Children and Youth, as a clearinghouse for reports and information

concerning the foster care review program and the review boards as

they relate to foster care;

3. Make recommendations to the courts, the Oklahoma Commission

on Children and Youth, the Governor, the Legislature, the Department

of Human Services, the Office of Juvenile Affairs, and other state

agencies providing services to children regarding proposed statutory

revisions, and amendments to court rules and procedures, and review

and make recommendations on permanency planning, foster care and

child welfare service delivery policies, guidelines, and procedures;

4. Work with both public and private agencies concerned with

foster care and adoption exchanges to inform the public of the need

for temporary and permanent homes and other services needed by

deprived children; and

Oklahoma Statutes - Title 10. Children Page 194

5. Specifically:

a. identify, analyze, and recommend solutions to any

issue concerning child welfare and foster care

services within the child welfare delivery system,

b. participate in the statewide planning and promotion of

foster parent involvement in local planning for child

welfare services, and

c. develop recommendations concerning foster care

training to improve the quality of foster care

services.

D. The State Postadjudication Review Advisory Board may

designate multidisciplinary committees on the local level to act as

advocates for foster parents in order to assist in the resolution of

specific complaints concerning foster care and to help facilitate

the relationship between the Department of Human Services, the

Office of Juvenile Affairs, child-placing agencies, and the foster

parents.

E. The Oklahoma Commission on Children and Youth, with the

assistance of the State Postadjudication Review Advisory Board,

shall be responsible for developing and administering training

procedures and rules for the administration of the state

postadjudication review board system.

F. The State Postadjudication Review Advisory Board shall

submit a report of the activities of the review boards, including

the findings and recommendations of such review boards, to the

Oklahoma Commission on Children and Youth on or before May 1 of each

year. The report shall include, but not be limited to, the

following:

1. The location of each review board;

2. The names of the members of each board;

3. The number of cases reviewed by each board; and

4. The recommendation categories made by each board.

G. The Oklahoma Commission on Children and Youth shall

incorporate, as appropriate, the findings and recommendations of the

review boards in the annual report required by Section 601.9 of this

title.
Okla. Stat. tit. 10, § 10-60.12 — OK Code / Title 10 / Section 10-60.12
Renumbered as § 7505-3.1 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10A, § 10A-1-7-114 — OK Code / Title 10A / Section 10A-1-7-114
Foster parent eligibility assessment – Completion and
Status: in_force

costs - Reimbursement.

A. The Department of Human Services and the Office of Juvenile

Affairs shall be responsible for the completion of and costs of the

foster parent eligibility assessment and any national criminal

history records search based upon submission of fingerprints,

preparation of a treatment and service plan, and a medical

examination only for the children placed in the custody of the state

agency. The state agency may provide for reimbursement of such

expenses, costs, and charges so incurred pursuant to the Oklahoma

Children’s Code or the Oklahoma Juvenile Code, as applicable.

B. No child shall be eligible for any reimbursement through the

state Medicaid program for placement in therapeutic foster care

unless such placement has been reviewed and approved pursuant to

rules regarding medical necessity for therapeutic foster care

placement promulgated by the Oklahoma Health Care Authority Board.
Okla. Stat. tit. 10, § 10-601.6d — OK Code / Title 10 / Section 10-601.6d
Verification of homeless children and youth
Status: in_force

A. Persons who are believed to be homeless children and youth

as defined in Section 600 of Title 10 of the Oklahoma Statutes may

be verified as being homeless by:

1. The director, or designee, of a homeless shelter;

2. The director, or designee, of a transitional living program;

3. The McKinney-Vento homeless liaison of a public school; or

4. A continuum of care lead agency or its designee.

B. Verification that a child or youth is homeless shall

consist, at a minimum, of the following steps:

1. The child or youth shall be known to the person verifying

his or her housing status; and

Oklahoma Statutes - Title 10. Children Page 151

2. If verifying the status of a child or youth under eighteen

(18) years of age, the person verifying shall:

a. check the National Missing and Unidentified Persons

System (NamUs) referenced in Section 151.3 of Title 74

of the Oklahoma Statutes for the name of the child or

youth,

b. send a letter by return receipt mail to the last-known

address of the parent or legal guardian of the child

or youth informing the parent or legal guardian that

the person verifying is assisting the child or youth

in obtaining a REAL ID Noncompliant Identification

Card, which shall be valid for a period of four (4)

years from the month of issuance, and

c. if no response from the parent or legal guardian

objecting to the child or youth obtaining a REAL ID

Noncompliant Identification Card is received within

fifteen (15) business days, the person may prepare

written verification stating that the child or youth

is homeless.

The written verification shall be printed on the letterhead of

the entity authorized to verify the housing status of the child or

youth and shall be dated, signed by the person verifying, and

notarized.
Okla. Stat. tit. 10A, § 10A-1-9-102 — OK Code / Title 10A / Section 10A-1-9-102
Multidisciplinary teams - Intervention in reports of
Status: in_force

abuse or neglect - Duties.

A. 1. In coordination with the Oklahoma Commission on Children

and Youth, each district attorney shall develop a multidisciplinary

child abuse team in each county of the district attorney or in a

contiguous group of counties.

2. The lead agency for the team shall be chosen by the members

of the team. The team shall review cases involving child sexual

abuse or child physical abuse or neglect.

B. The multidisciplinary child abuse team members shall

include, but not be limited to:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 216

1. Mental health professionals licensed pursuant to the laws of

this state or licensed professional counselors;

2. Police officers or other law enforcement agents with a role

in, or experience or training in child abuse and neglect

investigation;

3. Medical personnel with experience in child abuse and neglect

identification;

4. Child protective services workers within the Department of

Human Services;

5. Multidisciplinary child abuse team coordinators, or Child

Advocacy Center personnel; and

6. The district attorney or assistant district attorney.

C. 1. To the extent that resources are available to each of

the various multidisciplinary child abuse teams throughout the

state, the functions of the team shall include, but not be limited

to, the following specific functions:

a. whenever feasible, law enforcement and child welfare

staff shall conduct joint investigations to

effectively respond to child abuse reports,

b. develop a written protocol for the joint investigation

of child sexual abuse and child physical abuse or

neglect cases by law enforcement and child welfare

staff and for professionals interviewing child

victims. The purpose of the protocol shall be to

ensure coordination and cooperation between all

agencies involved so as to increase the efficiency in

handling such cases and to minimize the stress created

for the allegedly abused child by the legal and

investigatory process. In addition, each team shall

develop confidentiality statements and interagency

agreements signed by member agencies that specify the

cooperative effort of the member agencies to the team,

c. increase communication and collaboration among the

professionals responsible for the reporting,

investigation, prosecution and treatment of child

abuse and neglect cases,

d. eliminate duplicative efforts in the investigation and

the prosecution of child abuse and neglect cases,

e. identify gaps in service or all untapped resources

within the community to improve the delivery of

services to the victim and family,

f. encourage the development of expertise through

training. Each team member and those conducting child

abuse investigations and interviews of child abuse

victims shall be trained in the multidisciplinary team

approach, conducting legally sound and age-appropriate

interviews, effective investigation techniques and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 217

joint investigations as provided through the State

Department of Health, the Commission on Children and

Youth, or other resources, and

g. formalize a case review process that includes the use

of a secure database provided for in Section 2 of this

act and report program data as requested to the

Commission.

2. All investigations of child sexual abuse and child physical

abuse or neglect and interviews of child abuse or neglect victims

shall be carried out by appropriate personnel using the protocols

specified in this section.

3. If trained personnel are not available in a timely fashion

and, in the judgment of a law enforcement officer or the Department

of Human Services, there is reasonable cause to believe a delay in

investigation or interview of the child victim could place the child

in jeopardy of harm or threatened harm to the child's health or

welfare, the investigation may proceed without full participation of

all personnel, provided all reasonable efforts have been made to

facilitate the use of a trained investigator or interviewer. This

authority applies only for as long as reasonable danger to the child

exists. As soon as possible thereafter, the joint investigation

protocol shall be initiated.

4. Freestanding multidisciplinary child abuse teams shall be

approved by the Commission. The Commission shall direct an annual

review of freestanding multidisciplinary teams to ensure that the

teams are functioning effectively, and staff shall conduct on-site

compliance reviews as necessary. Teams not meeting the minimal

standards as promulgated by the Commission shall be removed from the

list of functioning teams in the state.

D. 1. A multidisciplinary child abuse team may enter into an

agreement with the Child Death Review Board within the Oklahoma

Commission on Children and Youth and, in accordance with rules

promulgated by the Oklahoma Commission on Children and Youth,

conduct case reviews of deaths and near deaths of children within

the geographical area of that multidisciplinary child abuse team.

2. Any multidisciplinary child abuse team reviewing deaths and

near deaths of children shall prepare and make available to the

public, on an annual basis, a report containing a summary of the

activities of the team relating to the review of the deaths and near

deaths of children and a summary of the extent to which the state

child protection system is coordinating with foster care and

adoption programs and whether the state is efficiently discharging

its child protection responsibilities. The report shall be

completed no later than December 31 of each year.

E. Nothing in this section shall preclude the use of hospital

team reviews for client-specific purposes and multidisciplinary

teams, either of which were in existence prior to July 1, 1995;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 218

provided, however, such teams shall not be subject to the provisions

of paragraph 1 of subsection A of this section.

F. 1. Child advocacy centers shall be classified, based on the

child population of a district attorney's district, as follows:

a. nonurban centers in districts with child populations

that are less than sixty thousand (60,000),

b. midlevel nonurban centers in districts with child

populations equal to or greater than sixty thousand

(60,000), but not including Oklahoma and Tulsa

Counties, and

c. urban centers in Oklahoma and Tulsa Counties.

2. The multidisciplinary child abuse team used by the child

advocacy center for its accreditation shall meet the criteria

required by a national association of child advocacy centers and, in

addition, the team shall:

a. choose a lead agency for the team,

b. intervene in reports involving child sexual abuse and

may intervene in child physical abuse or neglect,

c. promote the joint investigation of child abuse reports

between law enforcement and child welfare staff, and

d. formalize standardized investigative procedures for

the handling of child abuse and neglect cases.

G. Multidisciplinary child abuse teams and child advocacy

centers shall have full access to any service or treatment plan and

any personal data known to the Department which is directly related

to the implementation of this section.

H. Each member of the team shall be responsible for protecting

the confidentiality of the child and any information made available

to such person as a member of the team. The multidisciplinary team

and any information received by the team shall be exempt from the

requirements of Sections 301 through 314 of Title 25 of the Oklahoma

Statutes and Sections 24A.1 through 24A.31 of Title 51 of the

Oklahoma Statutes.
Okla. Stat. tit. 10, § 10-461 — OK Code / Title 10 / Section 10-461
Teacher Recruitment and Retention Program
Status: in_force

A. 1. There is hereby created, until November 1, 2028, in

accordance with the Oklahoma Sunset Law, the Teacher Recruitment and

Retention Program to be administered by Oklahoma Partnership for

School Readiness under the direction of the Department of Human

Services.

2. The Department of Human Services shall promulgate rules as

necessary to implement and enforce the provisions of this section,

including verifying income eligibility, employment status, and

administering subsidy benefits accordingly.

B. The Teacher Recruitment and Retention Program, administered

through Oklahoma Partnership for School Readiness, shall ensure

that:

1. A child care employee working at a child care facility

licensed pursuant to the Oklahoma Child Care Facilities Licensing

Act shall be eligible for the Teacher Recruitment and Retention

Program, provided that:

a. total annual gross household income does not exceed

One Hundred Twenty Thousand Dollars ($120,000.00) for

a two-parent household,

b. total annual gross household income does not exceed

Sixty Thousand Dollars ($60,000.00) for a single-

parent household, or

c. children must attend a program participating in the

Department of Human Services’ Child Care Subsidy

Program;

2. As used in this section, "child care employee" shall mean

any individual who is employed for a minimum of twenty (20) hours

per week, averaged monthly, who provides direct care, supervision or

educational services to children or who performs duties on-site that

support the daily operation of the facility participating in the

Child Care Subsidy Program and which is licensed pursuant to the

Oklahoma Child Care Facilities Licensing Act;

3. An employee who qualifies under the household income

limitations in paragraph 1 of this subsection:

Oklahoma Statutes - Title 10. Children Page 102

a. shall have household income exempted from

consideration solely for purposes of calculating cost-

sharing or co-payment responsibilities,

b. shall have co-payments waived if eligible under the

Department’s Child Care Subsidy Program, and

c. shall be eligible to participate in the Teacher

Recruitment and Retention Program, even if his or her

income exceeds the Child Care Subsidy Program

requirements;

4. When an employee who is employed by a licensed child care

facility leaves employment of the licensed provider, the provider

shall provide written notice within thirty (30) days to the

Department of Human Services that the employee is no longer

employed; and

5. Other than the income exemption pursuant to paragraph 1 of

this subsection and the reporting requirements established pursuant

to this subsection, all other conditions of eligibility for the

Child Care Subsidy Program located in Oklahoma Administrative Code

(OAC) 340:40-7-1 shall be followed.

C. Subsection B of this section shall not apply to employees

who are employed by a child care facility licensed pursuant to the

Oklahoma Child Care Facilities Licensing Act and who are eligible

for the Child Care Subsidy Program without household income being

exempted.

D. The Department of Human Services shall waive co-payments for

employees who are employed by a licensed child care facility and who

qualify under income eligibility requirements of the Child Care

Subsidy Program.
Okla. Stat. tit. 10, § 10-135 — OK Code / Title 10 / Section 10-135
Reports of children not attending school - Notice to
Status: in_force

parents or guardians - Investigations and reports - Power of

district court.

It is hereby declared to be the duty of the superintendent of

the school district in which the child resides, together with the

truant and probation officers, to report to the district court the

names of all children who are neglected or dependent and who are not

attending school as provided by law, and upon the filing of such

report, the judge of the district court shall cause the probation

officer to serve notice upon the parents, guardian, or other person

having such children in charge.

It shall be the duty of the probation officer under such notice,

to investigate the condition of such children and to report the same

to the judge of the district court. Upon such information, the

judge of the district court may, if he deems it proper, cause such

child or children to be placed in said schools and homes under the

provisions of this act.
Okla. Stat. tit. 10A, § 10A-2-2-402 — OK Code / Title 10A / Section 10A-2-2-402
Conduct of adjudicative hearings
Status: in_force

A. All cases of children shall be heard separately from the

trial of cases against adults. The adjudicative hearings shall be

conducted according to the rules of evidence, and may be adjourned

from time to time.

1. Except as provided by paragraph 2 of this subsection, the

hearings shall be private; however, all persons having a direct

interest in the case as provided in this paragraph shall be

admitted. Any victim, relative, legal guardian of a victim, or a

person designated by the victim who is not subject to the rule of

sequestration as a witness of a delinquent act shall be considered

to have a direct interest in the case, shall be notified of all

court hearings involving that particular delinquent act, and shall

be admitted to the proceedings. The court shall, however, remove

all persons not having a direct interest in the case or that are not

the parents or legal guardian of the child from any hearing where

evidence of the medical or behavioral health condition of the child

or specific instances of deprivation are being presented.

Stenographic notes or other transcript of the hearings shall be kept

as in other cases, but they shall not be open to inspection except

by order of the court or as otherwise provided by law.

2. Hearings related to the second or subsequent delinquency

adjudication of a child shall be public proceedings. The

adjudications relied upon to determine whether a hearing is a public

proceeding pursuant to this paragraph shall not have arisen out of

the same transaction or occurrence or series of events closely

related in time and location. Upon its own motion or the motion of

any of the parties to the hearing and for good cause shown, the

court may order specific testimony or evidence to be heard in

private; provided, the court shall not exclude any relative, legal

guardian of a victim, or a person designated by the victim who is

not subject to the rule of sequestration as a witness from the

hearing during testimony of the victim. For the purposes of this

paragraph, "good cause" shall mean a showing that it would be

substantially harmful to the mental or physical well-being of the

child if such testimony or evidence were presented at a public

hearing. The judge may, for good cause shown, open the court

hearings to educate members of the public about juvenile justice

issues; however, the identities of the juvenile respondents shall

not be published in any reports or articles of general circulation.

B. The child may remain silent as a matter of right in

delinquency hearings and in need of supervision hearings, and before

the child testifies, the child shall be so advised.

C. A decision determining a child to come within the purview of

the Oklahoma Juvenile Code shall be based on sworn testimony and the

child shall have the opportunity for cross-examination unless the

facts are stipulated or unless the child enters into a stipulation

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 301

that the allegations of the petition are true or that sufficient

evidence exists to meet the burden of proof required for the court

to sustain the allegations of the petition. In proceedings pursuant

to the Oklahoma Juvenile Code, the court may allow mileage as in

civil actions to witnesses and reimbursement for expert witnesses

but such shall not be tendered in advance of the hearing. If a

child is alleged to be delinquent and the facts are stipulated, the

judge shall ascertain from the child if the child agrees with the

stipulation and if the child understands the consequences of

stipulating the facts.

D. For any child being held in a secure detention on charges as

an accused juvenile delinquent, adjudication shall occur within

thirty (30) days after the detainment for that charge. This time

may be extended to allow parties to negotiate in good faith to

review discovery or for any other good cause shown. The provisions

of this subsection shall not apply to matters in which a non-jury or

jury trial are requested by the child.

E. If the court finds that the allegations of a petition

alleging a child to be delinquent or in need of supervision are

supported by the evidence, the court shall sustain the petition, and

shall make an order of adjudication setting forth whether the child

is delinquent or in need of supervision and shall adjudge the child

as a ward of the court.

F. If the court finds that the allegations of the petition are

not supported by the evidence, the court shall order the petition

dismissed and shall order the child discharged from any detention or

restriction previously ordered. The parents, legal guardian or

other legal custodian of the child shall also be discharged from any

restriction or other previous temporary order.

G. Any arrest or detention under the Oklahoma Juvenile Code or

any adjudication in a juvenile proceeding shall not be considered an

arrest, detention or conviction for purposes of employment, civil

rights, or any statute, regulation, license, questionnaire,

application, or any other public or private purposes, unless

otherwise provided by law.
Okla. Stat. tit. 10, § 10-7003-8.3 — OK Code / Title 10 / Section 10-7003-8.3
Renumbered as § 1-8-105 of Title 10A by Laws 2009, c
Status: in_force

233, § 290, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-361 — OK Code / Title 10 / Section 10-361
Santa Claus Commission - Creation - Membership - Christmas
Status: in_force

presents.

There is hereby created a commission to be known as the Santa

Claus Commission. The Commission shall consist of three (3) members

to be appointed by the Executive Director of the Office of Juvenile

Affairs. The Santa Claus Commission shall have authority to provide

or purchase, in accordance with the procedures in the Oklahoma

Central Purchasing Act, a Christmas present for every child who is

in the custody of the state residing in a child care institution of

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

a licensed child care institution or a group home or foster home,

supported in whole or in part by the state, as defined by the

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

would not otherwise receive a present.
Okla. Stat. tit. 10, § 10-7308-1.4 — OK Code / Title 10 / Section 10-7308-1.4
Renumbered as § 2-8-104 of Title 10A by Laws 2009, c
Status: in_force

234, § 191, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7003-4.1 — OK Code / Title 10 / Section 10-7003-4.1
Renumbered as § 1-4-503 of Title 10A by Laws 2009, c
Status: in_force

233, § 237, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7700-311 — OK Code / Title 10 / Section 10-7700-311
Full faith and credit
Status: in_force

A court of this state shall give full faith and credit to an

acknowledgment of paternity or denial of paternity effective in

another state if the acknowledgment or denial has been signed and is

otherwise in compliance with the law of the other state.
Okla. Stat. tit. 10, § 10-557.16 — OK Code / Title 10 / Section 10-557.16
Venue and jurisdiction
Status: in_force

Venue and jurisdiction for all matters arising out of or related

to a gestational agreement shall lie only in the district court of

the county where the gestational carrier resided at the time the

gestational agreement was entered into or in the district courts of

Tulsa County or Oklahoma County. Upon the filing of a petition to

validate gestational agreement, and regardless of any change in

residency of the gestational carrier, the court in which such

petition was properly filed shall have continuing and exclusive

jurisdiction over all matters arising out of or related to the

gestational agreement until the date a child born to the gestational

carrier during the period covered by the gestational agreement

reaches one hundred eighty (180) days of age.
Okla. Stat. tit. 10A, § 10A-1-4-807 — OK Code / Title 10A / Section 10A-1-4-807
Review hearing
Status: in_force

A. 1. Every case regarding a child alleged or adjudicated to

be deprived shall be reviewed by the court at a hearing no later

than six (6) months from the date of the child's removal from the

home and at least once every six (6) months thereafter until

permanency is achieved or the court otherwise terminates

jurisdiction except as otherwise set forth in paragraph 2 of this

subsection. A review hearing may be held concurrently with a

permanency hearing.

2. When the Department of Human Services has documented a

compelling reason why a petition to terminate parental rights to a

child is not in the best interests of the child that is based upon a

consideration that the child is presently not capable of functioning

in a family setting, the court shall reevaluate the status of the

child every ninety (90) days until there is a final determination

that the child cannot be placed in a family setting.

3. At any time during the pendency of the case, any party may

request the court to review the case. If granted, the requesting

party shall serve notice on all parties of the date and time of the

hearing.

B. If a foster parent, group home, preadoptive parent, or

relative is currently providing care for a child, the Department

shall give the foster parent, group home, preadoptive parent, or

relative notice of a proceeding concerning the child. A foster

parent, group home representative, preadoptive parent, or relative

providing care for a child has the right to be heard at the

proceeding. Except when allowed to intervene, the foster parent,

group home, preadoptive parent, or relative providing care for the

child is not considered a party to the juvenile court proceeding

solely because of notice and the right to be heard at the

proceeding.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 144

C. The court shall receive all evidence helpful in deciding the

issues before the court including, but not limited to, oral and

written reports, which may be admitted and relied upon to the extent

of their probative value, even though not competent for purposes of

an adjudicatory hearing. All service provider progress reports and

critical incident reports shall be submitted to the court and shall

also be delivered to the district attorney, the attorney or

attorneys representing the parents or group home, the child's

attorney and guardian ad litem, if applicable, and the relevant

tribe or tribes, if applicable.

D. At each review hearing the court shall:

1. Determine and include the following in its orders:

a. whether the individualized service plan, services, and

placement meet the special needs and best interests of

the child with the child's health, safety, and

educational needs specifically addressed,

b. whether there is a need for the continued placement of

the child,

c. whether the current permanency plan for the child

remains the appropriate plan to meet the health,

safety, and best interests of the child,

d. whether the services set forth in the individualized

service plan and the responsibilities of the parties

need to be clarified or modified due to the

availability of additional information or changed

circumstances or as the court determines to be in the

best interests of the child and necessary for the

correction of the conditions that led to the

adjudication of the child,

e. whether the terms of visitation need to be modified,

including the visitation with siblings if separated,

f. the time frame that should be followed to achieve

reunification or other permanent plan for the child,

g. whether reasonable efforts have been made to provide

for the safe return of the child to the child's own

home. If the court determines or has previously

determined that reasonable efforts are not required

pursuant to the provisions of Section 1-4-809 of this

title, or that continuation of reasonable efforts to

reunite the child with the child's family is

inconsistent with the permanency plan for the child,

the court shall determine if reasonable efforts are

being made to place the child in a timely manner in

accordance with the permanency plan and determine the

steps necessary to finalize permanency for the child,

h. where appropriate, when the child is fourteen (14)

years of age or older, whether services are being

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 145

provided that will assist the child in making the

transition from foster care to a successful adulthood.

The court shall inquire or cause inquiry to be made of

the child regarding any proposed independent living

plan,

i. whether the nature and extent of services being

provided the child and parent or parents of the child

are adequate and shall order that additional services

be provided or studies, assessments, or evaluations be

conducted, if necessary, to ensure the safety of the

child and to protect the child from further physical,

mental, or emotional harm, or to correct the

conditions that led to the adjudication,

j. whether, in accordance with the safety or well-being

of any child, reasonable efforts have been made to:

(1) place siblings, who have been removed, together

in the same foster care, guardianship, or

adoptive placement, and

(2) provide for frequent visitation or other ongoing

interaction in the case of siblings who have been

removed and who are not placed together, and

k. whether, during the ninety-day period immediately

prior to the date on which the child in the custody of

the Department will attain eighteen (18) years of age,

the Department and, as appropriate, other

representatives of the child are providing the child

with assistance and support in developing an

appropriate transition plan that is personalized at

the direction of the child, that includes specific

options on housing, health insurance, education, local

opportunities for mentors and continuing support

services, and work force supports and employment

services, and is as detailed as the child may elect;

2. Consider in-state and out-of-state placement options for the

child; and

3. Determine the safety of the child and consider fully all

relevant prior and current information including, but not limited

to, the report or reports submitted pursuant to Sections 1-4-805 and

1-4-808 of this title.

E. In making its findings, the court shall consider the

following:

1. Whether compliance with the individualized service plan has

occurred, including whether the Department has provided care that is

consistent with the health, safety, and educational needs of the

child while in an out-of-home placement;

2. Whether the Department is taking appropriate steps to ensure

that the foster family follows the reasonable and prudent parent

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 146

standard and whether the child has regular opportunities to engage

in age-appropriate or developmentally appropriate activities;

3. The extent of progress that has been made toward alleviating

or correcting the conditions that caused the child to be adjudicated

deprived;

4. Whether the child should be returned to a parent or parents

and whether or not the health, safety, and welfare of the child can

be protected by a parent or parents if returned home; and

5. An appropriate permanency plan for the child, including

concurrent planning when applicable, pursuant to Section 1-4-706 of

this title; provided, a permanency plan for a planned alternative

permanent placement shall be limited to a child age sixteen (16) or

older.
Okla. Stat. tit. 10, § 10-7700-301 — OK Code / Title 10 / Section 10-7700-301
Voluntary acknowledgment of paternity
Status: in_force

The mother of a child and a man claiming to be the genetic

father of the child may sign an acknowledgment of paternity with

intent to establish the man’s paternity.
Okla. Stat. tit. 10, § 10-7700-503 — OK Code / Title 10 / Section 10-7700-503
Requirements of testing – Objection to calculation -
Status: in_force

Retesting.

A. Genetic testing shall be of a type reasonably relied upon by

experts in the field of genetic testing and performed in a testing

laboratory accredited by:

1. The American Association of Blood Banks, or a successor to

its functions;

2. The American Society for Histocompatibility and

Immunogenetics, or a successor to its functions; or

3. An accrediting body designated by the federal Secretary of

Health and Human Services.

B. A specimen used in genetic testing may consist of one or

more samples, or a combination of samples, of blood, buccal cells,

bone, hair, or other body tissue or fluid. The specimen used in the

testing need not be of the same kind for each individual undergoing

genetic testing.

C. Based on the ethnic or racial group of an individual, the

testing laboratory shall determine the databases from which to

select frequencies for use in calculation of the probability of

paternity. If there is disagreement as to the testing laboratory’s

choice, the following rules apply:

1. The individual objecting may require the testing laboratory,

within thirty (30) days after receipt of the report of the test, to

recalculate the probability of paternity using an ethnic or racial

group different from that used by the laboratory;

2. The individual objecting to the testing laboratory’s initial

choice shall:

a. if the frequencies are not available to the testing

laboratory for the ethnic or racial group requested,

provide the requested frequencies compiled in a manner

recognized by accrediting bodies, or

b. engage another testing laboratory to perform the

calculations; and

3. The testing laboratory may use its own statistical estimate

if there is a question regarding which ethnic or racial group is

appropriate. If available, the testing laboratory shall calculate

the frequencies using statistics for any other ethnic or racial

group requested.

D. If, after recalculation using a different ethnic or racial

group, genetic testing does not conclusively identify a man as the

father of a child under Section 27 of this act, an individual who

has been tested may be required to submit to additional genetic

testing.
Okla. Stat. tit. 10, § 10-406 — OK Code / Title 10 / Section 10-406
Investigations - Notice of violation – Confidentiality –
Status: in_force

Anonymous complaint system.

A. 1. Except as provided in paragraph 2 of this subsection,

the Department of Human Services shall have authority at any

reasonable time to investigate and examine the conditions of any

child care facility in which a licensee or applicant hereunder

receives and maintains children, and shall have authority at any

time to require the facility to provide information pertaining to

children in its care.

2. When the Department of Human Services is reviewing the star

rating of a child care program with a capacity of fifty or more, the

comprehensive visit to inspect and examine the program shall be

scheduled with the administration of the program at least one (1)

week in advance of the visit, if requested by the child care

facility.

B. 1. The State Department of Health may visit any licensee or

applicant at the request of the Department to advise on matters

affecting the health of children and to inspect the sanitation of

the buildings used for their care.

2. The State Fire Marshal may visit any licensee or applicant

at the request of the Department to advise on matters affecting the

Oklahoma Statutes - Title 10. Children Page 90

safety of children and to inspect the condition of the buildings

used for their care.

C. 1. Upon receipt of a complaint against any child care

facility alleging a violation of the provisions of the Oklahoma

Child Care Facilities Licensing Act, or any licensing standard

promulgated by the Department, the Department shall conduct a full

investigation. If upon investigation, it is determined that there

are reasonable grounds to believe that a facility is in violation of

the Oklahoma Child Care Facilities Licensing Act or of any standard

or rule promulgated pursuant thereto, the Department shall:

a. document the complaint,

b. provide the complaint allegations in writing to the

facility involved and, upon written request by the

child care facility, provide a summary of the facts

used to evaluate the completed complaint, and

c. document the facility's plan for correcting any

substantiated violations.

2. If the Department determines there has been a violation and

the violation has a direct impact on the health, safety or well-

being of one or more of the children cared for by the facility, the

Department shall notify the facility and require correction of the

violation.

3. The Department shall notify the facility that failure to

correct the confirmed violation can result in the revocation of the

license, the denial of an application for a license, the issuance of

an emergency order or the filing of an injunction pursuant to the

provisions of Section 409 of this title.

4. If the facility refuses to correct a violation or fails to

complete the plan of correction, the Department may issue an

emergency order, revoke the license, or deny the application for a

license. Nothing in this section or Section 407 of this title shall

be construed as preventing the Department from denying an

application, revoking a license, or issuing an emergency order for a

single violation of this act, or the rules of the Department as

provided in Section 404 of this title.

5. If the Department determines there has been a substantiated

finding of heinous and shocking abuse by a person responsible for a

child's health, safety or welfare, as those terms are defined in

Section 1-1-105 of Title 10A of the Oklahoma Statutes, the

Department shall notify the child care facility owner or operator

and the child care resource and referral organization in writing

immediately or not later than one (1) business day after the

substantiated finding. Upon receiving notice of a substantiated

finding, the facility owner or operator shall attempt to immediately

notify, but not later than seventy-two (72) hours after receiving

notice of the substantiated finding, parents or legal guardians of

children attending the facility by certified mail.

Oklahoma Statutes - Title 10. Children Page 91

D. Upon the completion of the investigation of a complaint

against any child care facility alleging a violation of the

provisions of the Oklahoma Child Care Facilities Licensing Act or

any licensing standard promulgated thereto by the Department, the

Department shall clearly designate its findings on the first page of

the report of the investigation. The findings shall state whether

the complaint was substantiated or unsubstantiated.

E. Information obtained by the Department or Oklahoma Child

Care Services concerning a report of a violation of a licensing

requirement, or from any licensee regarding children or their

parents or other relatives shall be deemed confidential and

privileged communications, shall be properly safeguarded, and shall

not be accessible to anyone except as herein provided, unless upon

order of a court of competent jurisdiction. Provided, however, this

provision shall not prohibit the Department from providing a summary

of allegations and findings of an investigation involving a child

care facility that does not disclose identities but that permits

parents to evaluate the facility.

F. The Department shall promulgate rules to establish and

maintain a grievance process that shall include an anonymous

complaint system for reporting and investigating complaints or

grievances about employees of the Department who retaliate against a

child care facility or facility employee.
Okla. Stat. tit. 10, § 10-1631 — OK Code / Title 10 / Section 10-1631
Fingerprinting minors and identification card
Status: in_force

A. Upon request of a parent, legal guardian or legal custodian

of a minor and the presentation of the minor at a local law

enforcement agency, the local law enforcement agency shall take a

complete set of fingerprints of the minor and issue a fingerprint

identification card to the parent, legal guardian, or legal

custodian which shall contain the fingerprints of such minor.

B. The local law enforcement agency taking the fingerprints and

issuing a fingerprint identification card shall use forms and cards

provided by the Oklahoma State Bureau of Investigation.
Okla. Stat. tit. 10, § 10-40.7 — OK Code / Title 10 / Section 10-40.7
Agreements with Indian tribes - Care and custody of
Status: in_force

Indian children – Jurisdiction over child custody proceedings.

The Director of the Department of Human Services and the

Executive Director of the Office of Juvenile Affairs are authorized

to enter into agreements on behalf of the state with Indian tribes

in Oklahoma regarding care and custody of Indian children and

jurisdiction over child custody proceedings including agreements

which provide for orderly transfer of jurisdiction on a case by case

basis and agreements which provide for concurrent jurisdiction

between the state and the Indian tribe, as authorized by the Federal

Indian Child Welfare Act, 25 U.S.C. Section 1919. The State of

Oklahoma hereby ratifies all agreements in conformity with the

Federal Indian Child Welfare Act executed prior to the enactment of

this act, and any such agreement shall be enforceable in any case

filed or pending at the time that an agreement vesting concurrent

jurisdiction is entered into between the state and an Indian tribe.

Oklahoma Statutes - Title 10. Children Page 43Oklahoma Statutes - Title 10. Children Page 2
Okla. Stat. tit. 10, § 10-1616 — OK Code / Title 10 / Section 10-1616
Renumbered as § 516 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-7700-508 — OK Code / Title 10 / Section 10-7700-508
Specimen from potential father unavailable –
Status: in_force

Additional sources of specimens for testing.

A. Subject to subsection B of this section, if a genetic-

testing specimen is not available from a man who may be the father

of a child, for good cause and under circumstances the court

considers to be just, the court may order the following individuals

to submit specimens for genetic testing:

1. The parents of the man;

2. Brothers and sisters of the man;

3. Other children of the man and their mothers;

4. Other relatives of the man necessary to complete genetic

testing; and

5. Any other custodians of genetic material.

B. Issuance of an order under this section requires a finding

that a need for genetic testing outweighs the legitimate interests

of the individual sought to be tested.
Okla. Stat. tit. 10A, § 10A-2-7-101 — OK Code / Title 10A / Section 10A-2-7-101
Board of Juvenile Affairs - Members - Duties and
Status: repealed

responsibilities.

A. There is hereby created the Board of Juvenile Affairs which

shall consist of the following nine (9) members:

1. Five members appointed by the Governor;

2. Two members appointed by the Speaker of the House of

Representatives; and

3. Two members appointed by the President Pro Tempore of the

Senate.

B. 1. Each member shall serve at the pleasure of his or her

appointing authority and may be removed or replaced without cause.

2. Any member of the Board shall be prohibited from voting on

any issue in which the member has a direct financial interest.

3. The Executive Director of the Office of Juvenile Affairs

shall be an ex officio member of the Board, but shall be entitled to

vote only in case of a tie vote.

C. To be eligible for appointment to the Board a person shall:

1. Be a citizen of the United States;

2. Be a resident of this state;

3. Be a qualified elector of this state; and

4. Not have been convicted of a felony pursuant to the laws of

this state, the laws of any other state, or the laws of the United

States.

D. Members appointed pursuant to this paragraph shall include

persons having experience in social work, juvenile justice, criminal

justice, community-based youth services, criminal-justice-related

behavioral sciences, indigent defense, and education. In making the

appointments, the Governor shall also give consideration to urban,

rural, gender, and minority representation.

E. 1. The Board shall hold meetings as necessary at a place

and time to be fixed by the Board. The Board shall elect, at its

first meeting, one of its members to serve as chair and another of

its members to serve as vice-chair. At the first meeting in each

calendar year thereafter, the chair and vice-chair for the ensuing

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 395

year shall be elected. Special meetings may be called by the chair

or by five members of the Board by delivery of written notice to

each member of the Board. A majority of members serving on the

Board shall constitute a quorum of the Board.

2. Members of the Board shall receive necessary travel expenses

according to the provisions of the State Travel Reimbursement Act,

but shall receive no other compensation. Travel expenses shall be

paid from funds available to the Office of Juvenile Affairs.

F. The Board shall:

1. Adopt and promulgate rules for its government and may adopt

an official seal for the Office of Juvenile Affairs;

2. Be the rulemaking body for the Office of Juvenile Affairs;

3. Review and approve the budget request of the Office of

Juvenile Affairs to the Governor;

4. Assist the Office of Juvenile Affairs in conducting periodic

reviews and planning activities related to the goals, objectives,

priorities, and policies of the Office;

5. Provide a public forum for receiving comments and

disseminating information to the public and the regulated community

regarding goals, objectives, priorities, and policies of the Office

of Juvenile Affairs at least quarterly. The Board shall have the

authority to adopt nonbinding resolutions requesting action by the

Office of Juvenile Affairs in response to comments received or upon

the Board's own initiative; and

6. Establish contracting procedures for the Office of Juvenile

Affairs and guidelines for rates of payment for services provided by

contract.

G. 1. As the rulemaking body of the Office of Juvenile

Affairs, the Board is specifically charged with the duty of

promulgating rules which will implement the duties and

responsibilities of the Office pursuant to the Oklahoma Juvenile

Code.

2. Effective July 1, 1995, any administrative policies adopted

by the Commission for Human Services related to personnel and other

administrative issues and any rules promulgated relating to the

custody, care and supervision of children adjudicated to be

delinquent or in need of supervision shall be and remain in effect

until amended or new rules are promulgated by the Board of Juvenile

Affairs.

3. Any rules adopted by the Commission for Human Services

related to personnel and other administrative issues and the

custody, care and supervision of children adjudicated to be

delinquent or in need of supervision and subject to review by the

Legislature during the 1st Session of the 45th Oklahoma Legislature

may be finally adopted and promulgated by the Board of Juvenile

Affairs pursuant to the Administrative Procedures Act.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 396

4. Starting April 1, 1995, the Board of Juvenile Affairs shall

conduct an internal review of current permanent and emergency rules

relating to the custody, care and supervision of children

adjudicated to be delinquent or in need of supervision to determine

whether such rules need to be amended, or repealed, reinstated, or

recodified. By January 1, 1997, the Board shall have adopted

permanent rules to implement the programs and functions within its

jurisdiction and shall submit such rules for legislative review

pursuant to Article I of the Administrative Procedures Act.

5. The Board of Juvenile Affairs shall develop performance

standards for programs implemented, either directly or pursuant to

contract, by the Office of Juvenile Affairs.
Okla. Stat. tit. 10, § 10-1605 — OK Code / Title 10 / Section 10-1605
Renumbered as § 505 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.

Oklahoma Statutes - Title 10. Children Page 269
Okla. Stat. tit. 10A, § 10A-1-9-113 — OK Code / Title 10A / Section 10A-1-9-113
Provision of shelter and care to minor mothers who
Status: in_force

are victims of domestic abuse.

A. A youth service shelter facility may provide shelter and

care to a minor mother, who is the victim of domestic abuse or is

seeking relief from domestic abuse for herself or on behalf of any

of her children or both herself and any of her children.

B. A youth service shelter facility may provide such shelter or

care only during an emergency constituting an immediate danger to

the physical health or safety of the minor mother or any of her

children or both the minor mother and any of her children. Such

shelter or care shall not extend beyond thirty (30) days unless the

facility receives an order issued by a court to continue services or

the parent or guardian of the minor mother consents to services.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 241

C. The provisions of Section 856 of Title 21 of the Oklahoma

Statutes shall not apply to any youth service shelter facility and

any person operating such facility with regards to providing shelter

and care pursuant to the provisions of this section to a minor

mother and any of her children who is a runaway from her parent or

legal guardian.

D. The show cause hearing provided for in Article IV of this

Code shall be provided for the minor mother, who is seeking relief

from domestic abuse for herself or on behalf of any of her children.
Okla. Stat. tit. 10, § 10-404.1 — OK Code / Title 10 / Section 10-404.1
Child care facility permit or license - Criminal history
Status: in_force

records search - Foster parent eligibility.

A. On and after November 1, 2013:

1. Prior to the issuance of a permit or license, owners and

responsible entities making a request to establish or operate a

child care facility shall have:

a. an Oklahoma State Courts Network search conducted by

the Department,

Oklahoma Statutes - Title 10. Children Page 75

b. a Restricted Registry search conducted by the

facility,

c. a national criminal history records search conducted

pursuant to paragraph 10 of this subsection,

d. a criminal history records and sex offender registry

search conducted by an authorized source, when the

individual has lived outside this state within the

last five (5) years,

e. a search of the Department of Corrections' files

maintained pursuant to the Sex Offenders Registration

Act and conducted by the Department of Human Services,

f. a search of any available child abuse and neglect

registry within a state the individual has resided in

within the last five (5) years,

g. search of the nontechnical services worker abuse

registry maintained by the State Department of Health

pursuant to Section 1-1950.7 of Title 63 of the

Oklahoma Statutes, and

h. a search of the community services worker registry

maintained by the Department of Human Services

pursuant to Section 1025.3 of Title 56 of the Oklahoma

Statutes;

2. Prior to the employment of an individual:

a. an Oklahoma State Courts Network search, conducted by

the Department, shall be requested and received by the

facility; provided however, if twenty-four (24) hours

has passed from the time the request to the Department

was made, the facility may initiate employment,

notwithstanding the provisions of this paragraph,

b. a Restricted Registry search shall be conducted by the

facility with notification of the search submitted to

the Department,

c. a national criminal history records search pursuant to

paragraph 10 of this subsection shall be submitted,

d. a criminal history records and sex offender registry

search conducted by an authorized source, when the

individual has lived outside this state within the

last five (5) years, shall be submitted to the

Department,

e. a search of the Department of Corrections' files

maintained pursuant to the Sex Offenders Registration

Act shall be conducted by the Department and received

by the facility,

f. a search of any available child abuse and neglect

registry within a state the individual has resided in

within the last five (5) years,

Oklahoma Statutes - Title 10. Children Page 76

g. search of the nontechnical services worker abuse

registry maintained by the State Department of Health

pursuant to Section 1-1950.7 of Title 63 of the

Oklahoma Statutes, and

h. a search of the community services worker registry

maintained by the Department of Human Services

pursuant to Section 1025.3 of Title 56 of the Oklahoma

Statutes;

3. Prior to allowing unsupervised access to children by

employees or individuals, including contract employees and

volunteers and excluding the exceptions in paragraph 8 of this

subsection:

a. Oklahoma State Courts Network search results,

conducted by the Department, shall be received by the

facility,

b. a Child Care Restricted Registry search shall be

conducted by the facility with notification of the

search submitted to the Department,

c. national criminal history records search results

pursuant to paragraph 10 of this subsection shall be

received by the facility,

d. a criminal history records and sex offender registry

search conducted by an authorized source, when the

individual has lived outside this state within the

last five (5) years shall be submitted to the

Department,

e. a search of the Department of Corrections' files

maintained pursuant to the Sex Offenders Registration

Act shall be conducted by the Department and received

by the facility,

f. a search of any available child abuse and neglect

registry within a state the individual has resided in

within the last five (5) years,

g. search of the nontechnical services worker abuse

registry maintained by the State Department of Health

pursuant to Section 1-1950.7 of Title 63 of the

Oklahoma Statutes, and

h. a search of the community services worker registry

maintained by the Department of Human Services

pursuant to Section 1025.3 of Title 56 of the Oklahoma

Statutes;

4. Prior to the issuance of a permit or license and prior to

the residence of adults who subsequently move into a facility,

adults living in the facility excluding the exception in paragraph 7

of this subsection shall have:

Oklahoma Statutes - Title 10. Children Page 77

a. an Oklahoma State Courts Network search conducted by

the Department and the facility shall be in receipt of

the search results,

b. a Restricted Registry search conducted by the facility

with notification of the search submitted to the

Department,

c. a national criminal history records search conducted

pursuant to paragraph 10 of this subsection,

d. a criminal history records and sex offender registry

search conducted by an authorized source, when the

individual has lived outside this state within the

last five (5) years,

e. a search of the Department of Corrections' files

maintained pursuant to the Sex Offenders Registration

Act conducted by the Department and received by the

facility,

f. a search of any available child abuse and neglect

registry within a state the individual has resided in

within the last five (5) years,

g. search of the nontechnical services worker abuse

registry maintained by the State Department of Health

pursuant to Section 1-1950.7 of Title 63 of the

Oklahoma Statutes, and

h. a search of the community services worker registry

maintained by the Department of Human Services

pursuant to Section 1025.3 of Title 56 of the Oklahoma

Statutes;

5. Children who reside in the facility and turn eighteen (18)

years of age excluding the exception in paragraph 7 of this

subsection shall have:

a. an Oklahoma State Courts Network search conducted by

the Department,

b. a Restricted Registry search conducted by the facility

with notification of the search submitted to the

Department,

c. a national criminal history records search conducted

pursuant to paragraph 10 of this subsection, and

d. a search of the Department of Corrections' files

pursuant to the Sex Offenders Registration Act

conducted by the Department and received by the

facility;

6. Prior to review of or access to fingerprint results, owners,

responsible entities, directors, and other individuals who have

review of or access to fingerprint results shall have a national

criminal history records search pursuant to paragraph 10 of this

subsection;

Oklahoma Statutes - Title 10. Children Page 78

7. Provisions specified in paragraphs 4 and 5 of this

subsection shall not apply to residents who are receiving services

from a residential child care facility;

8. A national criminal history records search pursuant to

paragraph 10 of this subsection shall not be required for volunteers

who transport children on an irregular basis when a release is

signed by the parent or legal guardian noting their understanding

that the volunteer does not have a completed national criminal

history records search. The provisions in paragraph 3 of this

subsection shall not be required for specialized service

professionals who are not employed by the program and have

unsupervised access to a child when a release is signed by the

parent or legal guardian noting his or her understanding of this

exception. These exceptions shall not preclude the Department from

requesting a national fingerprint or an Oklahoma State Bureau of

Investigation name-based criminal history records search or

investigating criminal, abusive, or harmful behavior of such

individuals, if warranted;

9. A national criminal history records search pursuant to

paragraph 10 of this subsection shall be required on or before

November 1, 2016, for existing owners, responsible entities,

employees, individuals with unsupervised access to children, and

adults living in the facility, as of November 1, 2013, unless

paragraph 6 of this subsection applies;

10. The Department shall require a national criminal history

records search based upon submission of fingerprints that shall:

a. be conducted by the Oklahoma State Bureau of

Investigation and the Federal Bureau of Investigation

pursuant to Section 150.9 of Title 74 of the Oklahoma

Statutes and the federal National Child Protection Act

and the federal Volunteers for Children Act with the

Department as the authorized agency,

b. be submitted and have results received between the

Department and the Oklahoma State Bureau of

Investigation through secure electronic transmissions,

c. include Oklahoma State Bureau of Investigation rap

back, requiring the Oklahoma State Bureau of

Investigation to immediately notify the Department

upon receipt of subsequent criminal history activity,

and

d. be paid by the individual or the facility;

11. The Director of the Department, or designee, shall

promulgate rules that may authorize an exception to the

fingerprinting requirements for individuals who have a severe

physical condition which precludes such individuals from being

fingerprinted;

Oklahoma Statutes - Title 10. Children Page 79

12. The Director of the Department, or designee, shall

promulgate rules that ensure individuals obtain a criminal history

records search, not to include the re-submission of fingerprints,

not less than once during each five (5) year period;

13. Any individual who refuses to consent to the criminal

background check or knowingly makes a materially-false statement in

connection with such criminal background check shall be ineligible

for ownership of, employment of or residence in a child care

facility; and

14. The Office of Juvenile Affairs shall require national

criminal history records searches, as defined by Section 150.9 of

Title 74 of the Oklahoma Statutes, which shall be provided by the

Oklahoma State Bureau of Investigation for the purpose of obtaining

the national criminal history records search, including Rap Back

notification of and through direct request by the Office of Juvenile

Affairs on behalf of any:

a. operator or responsible entity making a request to

establish or operate a secure detention center,

municipal juvenile facility, community intervention

center or secure facility licensed or certified by the

Office of Juvenile Affairs,

b. employee or applicant of a secure detention center,

municipal juvenile facility, community intervention

center or secure facility licensed or certified by the

Office of Juvenile Affairs, or

c. persons allowed unsupervised access to children,

including contract employees or volunteers, of a

secure detention center, municipal juvenile facility,

community intervention center or secure facility

licensed or certified by the Office of Juvenile

Affairs.

B. 1. a. On and after September 1, 1998:

(1) any child-placing agency contracting with a

person for foster family home services or in any

manner for services for the care and supervision

of children shall also, prior to executing a

contract, complete:

(a) a foster parent eligibility assessment for

the foster care provider except as otherwise

provided by divisions (2) and (4) of this

subparagraph, and

(b) a national criminal history records search

based upon submission of fingerprints for

any adult residing in the foster family home

through the Department of Human Services

pursuant to the provisions of Section 1-7-

106 of Title 10A of the Oklahoma Statutes,

Oklahoma Statutes - Title 10. Children Page 80

except as otherwise provided by divisions

(2) and (4) of this subparagraph,

(2) the child-placing agency may place a child

pending completion of the national criminal

history records search if the foster care

provider and every adult residing in the foster

family home has resided in this state for at

least five (5) years immediately preceding such

placement,

(3) a national criminal history records search based

upon submission of fingerprints to the Oklahoma

State Bureau of Investigation shall also be

completed for any adult who subsequently moves

into the foster family home,

(4) provided, however, the Director of Human Services

or the Director of the Office of Juvenile

Affairs, or a designee, may authorize an

exception to the fingerprinting requirement for a

person residing in the home who has a severe

physical condition which precludes such person's

being fingerprinted, and

(5) any child care facility contracting with any

person for foster family home services shall

request the Office of Juvenile Affairs to conduct

a juvenile justice information system review,

pursuant to the provisions of Sections 2-7-905

and 2-7-308 of Title 10A of the Oklahoma

Statutes, for any child over the age of thirteen

(13) years residing in the foster family home,

other than a foster child, or who subsequently

moves into the foster family home. As a

condition of contract, the child care facility

shall obtain the consent of the parent or legal

guardian of the child for such review.

b. The provisions of this paragraph shall not apply to

foster care providers having a contract or contracting

with a child-placing agency, the Department of Human

Services or the Office of Juvenile Affairs prior to

September 1, 1998. Such existing foster care

providers shall comply with the provisions of this

section, until otherwise provided by rules of the

Department or by law.

2. a. (1) On and after September 1, 1998, except as

otherwise provided in divisions (2) and (4) of

this subparagraph, prior to contracting with a

foster family home for placement of any child who

is in the custody of the Department of Human

Oklahoma Statutes - Title 10. Children Page 81

Services or the Office of Juvenile Affairs, each

Department shall complete a foster parent

eligibility assessment, pursuant to the

provisions of the Oklahoma Child Care Facilities

Licensing Act, for such foster family applicant.

In addition, except as otherwise provided by

divisions (2) and (4) of this subparagraph, the

Department shall complete a national criminal

history records search based upon submission of

fingerprints for any adult residing in such

foster family home.

(2) The Department of Human Services and Office of

Juvenile Affairs may place a child pending

completion of the national criminal history

records search if the foster care provider and

every adult residing in the foster family home

has resided in this state for at least five (5)

years immediately preceding such placement.

(3) A national criminal history records search based

upon submission of fingerprints conducted by the

Oklahoma State Bureau of Investigation shall also

be completed for any adult who subsequently moves

into the foster family home.

(4) The Director of Human Services or the Director of

the Office of Juvenile Affairs or their designee

may authorize an exception to the fingerprinting

requirement for any person residing in the home

who has a severe physical condition which

precludes such person's being fingerprinted.

b. The provisions of this paragraph shall not apply to

foster care providers having a contract or contracting

with a child-placing agency, the Department of Human

Services or the Office of Juvenile Affairs prior to

September 1, 1998. Such existing foster care

providers shall comply with the provisions of this

section, until otherwise provided by rules of the

Department or by law.

3. The Department of Human Services or the Office of Juvenile

Affairs shall provide for a juvenile justice information system

review pursuant to Section 2-7-308 of Title 10A of the Oklahoma

Statutes for any child over the age of thirteen (13) years residing

in a foster family home, other than the foster child, or who

subsequently moves into the foster family home.

C. The Department or the Board of Juvenile Affairs shall

promulgate rules to identify circumstances when a criminal history

records search or foster parent eligibility assessment for an

applicant or contractor, or any person over the age of thirteen (13)

Oklahoma Statutes - Title 10. Children Page 82

years residing in a private residence in which a child care facility

is located, shall be expanded beyond the records search conducted by

the Oklahoma State Bureau of Investigation or as otherwise provided

pursuant to this section.

D. Except as otherwise provided by the Oklahoma Children's Code

and subsection F of this section, a conviction for a crime shall not

be an absolute bar to employment, but shall be considered in

relation to specific employment duties and responsibilities.

E. 1. Information received pursuant to this section by an

owner, administrator, or responsible entity of a child care

facility, shall be maintained in a confidential manner pursuant to

applicable state and federal laws.

2. The information, along with any other information relevant

to the ability of the individual to perform tasks that require

direct contact with children, may be released to another child care

facility in response to a request from the child care facility that

is considering employing or contracting with the individual unless

deemed confidential by state and federal laws.

3. Requirements for confidentiality and recordkeeping with

regard to the information shall be the same for the child care

facility receiving the information in response to a request as those

provided for in paragraph 1 of this subsection for the child care

facility releasing such information.

4. Information received by any facility certified by the Office

of Juvenile Affairs may be released to another facility certified by

the Office if an individual is being considered for employment or

contract, along with any other relevant information, unless the

information is deemed confidential by state or federal law. Any

information received by the Office shall be maintained in a

confidential manner pursuant to applicable state and federal law.

F. 1. It shall be unlawful for individuals who are required to

register pursuant to the Sex Offenders Registration Act to work with

or provide services to children or to reside in a child care

facility and for any employer who offers or provides services to

children to knowingly and willfully employ or contract with, or

allow continued employment of or contracting with individuals who

are required to register pursuant to the Sex Offenders Registration

Act. Individuals required to register pursuant to the Sex Offenders

Registration Act who violate any provision of Section 401 et seq. of

this title shall, upon conviction, be guilty of a Class D1 felony

offense punishable by incarceration as provided for in subsections B

through F of Section 20N of Title 21 of the Oklahoma Statutes, or a

fine of not more than Five Thousand Dollars ($5,000.00), or both

such fine and imprisonment.

2. It shall be unlawful for an individual who is the

perpetrator of a substantiated finding by the Department of heinous

and shocking abuse by a person responsible for a child's health,

Oklahoma Statutes - Title 10. Children Page 83

safety, or welfare, as those terms are defined in Section 1-1-105 of

Title 10A of the Oklahoma Statutes, to work with or provide services

to children or to reside in a child care facility and for any

employer who offers or provides services to children to knowingly

and willfully employ or contract with, or allow continued employment

of or contracting with such individual.

3. Upon a determination by the Department of any violation of

the provisions of this section, the violator shall be subject to and

the Department may pursue:

a. an emergency order,

b. license revocation or denial,

c. injunctive proceedings,

d. an administrative penalty not to exceed Ten Thousand

Dollars ($10,000.00), and

e. referral for criminal proceedings.

4. In addition to the penalties specified by this section, the

violator may be liable for civil damages.
Okla. Stat. tit. 10, § 10-7505-6.1 — OK Code / Title 10 / Section 10-7505-6.1
Interlocutory decree
Status: in_force

Upon examination of the report required in Section 29 or 30 of

this act, and after hearing, the court may issue an interlocutory

decree giving the care and custody of a minor to the petitioners,

pending the further order of the court.
Okla. Stat. tit. 10, § 10-7004-3.5 — OK Code / Title 10 / Section 10-7004-3.5
Renumbered as § 1-9-113 of Title 10A by Laws 2009, c
Status: in_force

233, § 305, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-40.3 — OK Code / Title 10 / Section 10-40.3
Application of act - Exemptions - Determination of Indian
Status: in_force

status.

Oklahoma Statutes - Title 10. Children Page 40

A. The Oklahoma Indian Child Welfare Act, in accordance with

the federal Indian Child Welfare Act, applies to all child custody

proceedings involving any Indian child except the following:

1. A child custody proceeding arising from a divorce

proceeding; or

2. A child custody proceeding arising from an adjudication of

delinquency, unless there has been a request for termination of

parental rights.

B. Except as provided for in subsection A of this section, the

Oklahoma Indian Child Welfare Act applies to all state voluntary and

involuntary child custody court proceedings involving Indian

children, regardless of whether or not the children involved are in

the physical or legal custody of an Indian parent or Indian

custodian at the time state proceedings are initiated.

C. The court shall seek a determination of the Indian status of

the child in accordance with the preceding standard in the following

circumstances:

1. The court has been informed by an interested party, an

officer of the court, a tribe, an Indian organization or a public or

private agency that the child is Indian; or

2. The child who is the subject of the proceeding gives the

court reason to believe he is an Indian child; or

3. The court has reason to believe the residence or domicile of

the child is a predominantly Indian community.

D. The court shall seek verification of the Indian status of

the child from the Indian tribe or the Bureau of Indian Affairs. A

determination of membership by an Indian tribe shall be conclusive.

A determination of membership by the Bureau of Indian Affairs shall

be conclusive in the absence of a contrary determination by the

Indian tribe.

E. The determination of the Indian status of a child shall be

made as soon as practicable in order to ensure compliance with the

notice requirements of Section 40.4 of this title.
Okla. Stat. tit. 10A, § 10A-1-4-203 — OK Code / Title 10A / Section 10A-1-4-203
Emergency custody hearing – Affidavit – Notice to
Status: in_force

relatives.

A. Within the next two (2) judicial days following the child

being taken into protective or emergency custody, the court shall

conduct an emergency custody hearing. At the hearing, information

may be provided to the court in the form of oral or written reports,

affidavits or testimony. Any information having probative value may

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 79

be received by the court regardless of its admissibility under the

Oklahoma Evidence Code. At the hearing the court shall:

1. Determine whether facts exist that are sufficient to

demonstrate to the court there is reasonable suspicion that the

child is in need of immediate protection due to abuse or neglect, or

that the circumstances or surroundings of the child are such that

continuation of the child in the child's home or in the care or

custody of the parent, legal guardian, or custodian would present an

imminent danger to the child;

2. Advise the parent, legal guardian, or custodian of the child

in writing of the following:

a. any right of the parent, legal guardian, or custodian

to testify and present evidence at court hearings,

b. the right to be represented by an attorney at court

hearings,

c. the consequences of failure to attend any hearings

which may be held, and

d. the right to appeal and procedure for appealing an

order of the court;

3. Determine custody of the child and order one of the

following:

a. release of the child to the custody of the child's

parent, legal guardian, or custodian from whom the

child was removed under any conditions the court finds

reasonably necessary to protect the health, safety, or

welfare of the child, or

b. placement of the child in the custody of a responsible

adult or licensed child-placing agency under any

conditions the court finds reasonably necessary to

protect the health, safety, or welfare of the child,

or

c. whether to continue the child in or to place the child

into the emergency custody of the Department of Human

Services;

4. Order the parent, legal guardian, or custodian to complete

an affidavit listing the names, addresses, and phone numbers of any

parent, whether known or alleged, grandparent, aunt, uncle, brother,

sister, half-sibling, and first cousin and any comments concerning

the appropriateness of the potential placement of the child with the

relative. If no such relative exists, the court shall require the

parent, legal guardian, or custodian to list any other relatives or

persons with whom the child has had a substantial relationship or

who may be a suitable placement for the child;

5. Direct the parent, legal guardian, or custodian to furnish

the Department with a copy of the child's birth certificate within

fifteen (15) days from the hearing if a petition is filed, unless

otherwise extended by the court; and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 80

6. In accordance with the safety or well-being of any child,

determine whether reasonable efforts have been made to:

a. place siblings, who have been removed, together in the

same foster care, guardianship, or adoptive placement,

and

b. provide for frequent visitation or other ongoing

interaction in the case of siblings who have been

removed and who are not placed together.

B. The office of the State Court Administrator shall create an

affidavit form and make it available to each court responsible for

conducting emergency custody hearings. The affidavit form shall

contain a notice to the parent, legal guardian, or custodian that

failure to identify a parent or relative in a timely manner may

result in the child being permanently placed outside of the home of

the child's parent or relative. The affidavit form shall also

advise the parent, legal guardian, or custodian of the penalties

associated with perjury and contempt of court. The original

completed affidavit shall be filed with the court clerk no later

than five (5) days after the hearing or as otherwise directed by the

court and a copy shall be provided to the Department.

C. 1. The Department shall, within thirty (30) days of the

removal of a child, exercise due diligence to identify relatives.

Notice shall be provided by the Department to the following adult

relatives: all grandparents, all parents of a sibling of the child,

where the parent has legal custody of the sibling, and other adult

relatives of the child, including relatives suggested by the

parents, as the court directs. The notice shall advise the

relatives:

a. the child has been or is being removed from the

custody of the parent or parents of the child,

b. of the options under applicable law to participate in

the care and placement of the child, including any

options that may be lost by failing to respond to the

notice, and

c. of the requirements to become a foster family home and

the additional services and supports available for

children placed in the home.

2. Relatives shall not be notified if notification would not be

in the best interests of a child due to past or current family or

domestic violence. The Department may promulgate rules in

furtherance of the provisions of this subsection.
Okla. Stat. tit. 10, § 10-7308-1.1 — OK Code / Title 10 / Section 10-7308-1.1
Renumbered as § 2-8-101 of Title 10A by Laws 2009, c
Status: in_force

234, § 191, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-363 — OK Code / Title 10 / Section 10-363
Claims - Approval and payment
Status: in_force

All claims for the purchase of gifts under the terms and

provisions of Sections 361 through 363 of this title shall be

approved by the Executive Director of the Office of Juvenile Affairs

and paid out of the funds herein as established by and for the

benefit of the Santa Claus Commission.
Okla. Stat. tit. 10, § 10-7003-6.3 — OK Code / Title 10 / Section 10-7003-6.3
Renumbered as § 1-5-102 of Title 10A by Laws 2009, c
Status: in_force

233, § 267, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-2-101 — OK Code / Title 10A / Section 10A-1-2-101
See the following versions:
Status: in_force

OS 10A-1-2-101v1 (HB 1565, Laws 2025, c. 26, 1)

OS 10A-1-2-101v2 (HB 2798, Laws 2025, c. 260, § 1)

OS 10A-1-2-101v3 (HB 2104, Laws 2025, c. 486, § 344)
Okla. Stat. tit. 10, § 10-1423 — OK Code / Title 10 / Section 10-1423
Program for care and treatment of children - Federal
Status: in_force

matching funds.

The Oklahoma Public Welfare Commission and the Department of

Human Services are authorized and directed to develop such programs

for the care and treatment of children to meet the requirements of

federal laws and rules and regulations of the Secretary. The

Commission shall maintain such standards of money payments in the

categories of Old Age Assistance, Aid to the Blind, Aid to the

Permanently and Totally Disabled, and Aid to Families with Dependent

Children, as will earn the maximum federal funds available to the

state, within the availability of state matching funds, and shall

budget such other state funds as may be necessary to earn the

maximum of federal matching funds in the Child Welfare Program,

Children with Special Health Care Needs Program and other federal-

state programs. Any institution under the jurisdiction of the

Commission or the Department may be used by the Commission or the

Department for any program administered by the Commission or the

Department.
Okla. Stat. tit. 10A, § 10A-2-9-111 — OK Code / Title 10A / Section 10A-2-9-111
Compacting states - Effective date - Amendment
Status: in_force

ARTICLE X

COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT

A. Any state, the District of Columbia (or its designee), the

Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American

Samoa, and the Northern Marianas Islands as defined in Article II of

this compact is eligible to become a compacting state.

B. The compact shall become effective and binding upon

legislative enactment of the compact into law by no less than

thirty-five of the states. The initial effective date shall be the

later of July 1, 2004, or upon enactment into law by the thirty-

fifth jurisdiction. Thereafter it shall become effective and

binding as to any other compacting state upon enactment of the

compact into law by that state. The governors of nonmember states

or their designees shall be invited to participate in the activities

of the Interstate Commission on a nonvoting basis prior to adoption

of the compact by all states and territories of the United States.

C. The Interstate Commission may propose amendments to the

compact for enactment by the compacting states. No amendment shall

become effective and binding upon the Interstate Commission and the

compacting states unless and until it is enacted into law by

unanimous consent of the compacting states.
Okla. Stat. tit. 10, § 10-1208 — OK Code / Title 10 / Section 10-1208
Renumbered as § 7305-1.8 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7302-1.1 — OK Code / Title 10 / Section 10-7302-1.1
Renumbered as § 2-7-101 of Title 10A by Laws 2009, c
Status: in_force

234, § 169, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7305-1.6 — OK Code / Title 10 / Section 10-7305-1.6
Renumbered as § 2-4-106 of Title 10A by Laws 2009, c. 234, § 186, emerg. eff. May
Status: in_force

Oklahoma Statutes - Title 10. Children Page 21234, § 186, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-2-801 — OK Code / Title 10A / Section 10A-2-2-801
Procedures and requirements for placement of
Status: in_force

adjudicated children.

A. 1. Whenever the court transfers custody of a child as

provided in this article, the person, institution, agency, or

department 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 food, clothing, shelter, medical

care, education, and discipline for the child, and to authorize and

consent to medical care for the child provided by a qualified health

care professional. The person, institution, agency or department

may provide or arrange for the provision of inpatient treatment of

such minor only as provided by 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 services, including an outpatient examination,

counseling, educational, rehabilitative or other similar services to

said minor, as necessary and appropriate, in the absence of a

specific court order for such services.

2. The medical care, surgery and extraordinary care shall be

charged to the appropriate agency where the child qualifies for the

care under law, rule or administrative order or decision.

3. Nothing in this subsection shall be interpreted to:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 328

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

support of the child as otherwise provided by law, or

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, agency or Department 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 surgery or

extraordinary care in an emergency, as determined by competent

medical authority. No state employee shall be liable for the costs

of any medical care or behavioral health services provided to any

child in the custody of the Office of Juvenile Affairs.

B. The person, institution, agency, or department having legal

custody of a child pursuant to an order of the court shall receive

notice of court proceedings regarding the child as provided in

Sections 2-2-107 and 2-2-501 of this title and shall be allowed to

intervene upon application as a party to all court proceedings

pertaining to the care and custody of the child including, but not

limited to: adjudication, disposition, review of disposition,

termination of parental rights and proceedings pursuant to the

Inpatient Mental Health and Substance Abuse Treatment of Minors Act.