Okla. Stat. tit. 10A, § 10A-1-9-125 — OK Code / Title 10A / Section 10A-1-9-125
Ability for children 16 years or older to enter into
Status: in_force

housing contracts – Certification of unaccompanied status.

A. A child who is sixteen (16) years of age or older may enter

into contracts to obtain housing if the child receives a

certification of unaccompanied status from a youth services provider

that is licensed, accredited, monitored or contracted by the

Department of Human Services or the Department of Mental Health and

Substance Abuse Services to provide care for an unaccompanied child

pursuant to this section.

B. The certification provided in subsection A of this section

shall show that the provider has determined the child is homeless, a

victim of domestic violence or a victim of abuse as defined in

Section 1-1-105 of Title 10A of the Oklahoma Statutes.

C. The provider shall issue the certification fourteen (14)

days after sending notice via certified mail, return receipt

requested, to the parent or legal guardian of the child. The notice

shall include the child's full name, date of birth and a statement

that the child is seeking to be certified by the agency as an

unaccompanied child. If, after due diligence, the provider is

unable to identify the whereabouts of the parent or legal guardian

of the child, notice to the parent or legal guardian shall not be

required.

D. In the event that the parent or legal guardian of the child

contacts the provider and the provider believes that returning home

would place the child at risk of abuse or neglect, the provider

shall make a report to the Department of Human Services.

E. A certification of unaccompanied status pursuant to this

section shall not discharge the parent or legal guardian of any

parental or legal authority or duty regarding the care and custody

of the child.

F. The Department of Human Services may promulgate rules for

the purposes of implementing and administering this section.
Okla. Stat. tit. 10, § 10-7306-2.6 — OK Code / Title 10 / Section 10-7306-2.6
Renumbered as § 2-5-206 of Title 10A by Laws 2009, c
Status: in_force

234, § 188, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-6-101 — OK Code / Title 10A / Section 10A-1-6-101
Court to make and keep records - Definitions
Status: in_force

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

before it. The court may devise and cause to be printed forms for

records and such other papers as may be required.

B. As used in the Oklahoma Children's Code:

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

printed documents, papers, logs, reports, files, case notes, films,

photographs, audio or visual tape recordings, and shall include

information entered into and maintained in an automated or

computerized information system;

2. "Juvenile court record" means all records, other than

adoption records, including but not limited to agency, law

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

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

pursuant to the provisions of the Oklahoma Children's Code;

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

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

is or has been under its care, custody, or supervision or to a

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

shall include but not be limited to:

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

made or authorized to be made by such agency for the

purpose of determining or describing the history,

diagnosis, custody, condition, care, or treatment of

such child, or

b. safety analysis records that have been prepared and

obtained in response to a report of alleged child

abuse or neglect and include assessment reports and

reports to the district attorney with all supporting

documentation attached and any addendums;

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

obtained by an office of a district attorney relating to juvenile

cases and any records prepared or obtained for the prosecution of

crimes against children that constitute a legal or social record of

a child as defined by this section;

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

similar reports, arrest records, disposition records, detention

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

include but not be limited to reports of investigations or inquiries

conducted by a law enforcement agency to determine whether a child

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

child, a child in need of supervision, or a minor in need of

treatment. Law enforcement records pertaining to juveniles shall be

maintained separately from records pertaining to adults;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 173

6. "Nondirectory education records" means any records

maintained by a public or private school, including a technology

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

school which are categorized as private or confidential records

pursuant to federal and state law;

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

order, judgment, pleading, paper, or other document, other than

social records, filed with the court;

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

reports, psychological and psychiatric evaluations or assessments,

educational records, or home studies, even if attached to court

reports prepared by the Department. “Social record” shall not

include service provider progress reports or critical incident

reports as required pursuant to Section 1-4-807 of this title; and

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

that has entered into a contract or an interagency agreement under

the Interlocal Cooperation Act in accordance with the rules and

guidelines adopted pursuant to Section 620.6 of this title for the

purpose of accessing and sharing information necessary for the care,

treatment, and supervision of children and youth.
Okla. Stat. tit. 10A, § 10A-1-4-712 — OK Code / Title 10A / Section 10A-1-4-712
Authority to establish family drug court –
Status: in_force

Procedures.

A. Each district court is hereby authorized to establish a

family drug court for the purpose of treating children adjudicated

as deprived and their families in cases where the parent, parents or

legal guardian has a substance abuse disorder. The Department of

Mental Health and Substance Abuse Services shall assist in the

establishment of family drug courts and, if funds are available, may

contract for family drug court treatment services.

B. At the adjudicatory or dispositional hearing in a deprived

case, the court may determine whether there are any statutory

preclusions, other prohibitions, or program limitations that exist

and are applicable to considering the family for participation in

the drug court program.

C. A family drug court assessment shall be ordered by the

court, upon the motion of the district attorney, Department of Human

Services, the child’s attorney, parent, legal guardian or upon the

court’s own motion, once the requirements of subsection B of this

section have been met.

D. The court shall set a date for a hearing to determine final

eligibility for admittance into the program which shall not exceed

thirty (30) days after the dispositional hearing.

E. Upon denial for consideration in the family drug court

program at the initial hearing, the case shall proceed as authorized

by the Children's Code.
Okla. Stat. tit. 10, § 10-7505-6.5 — OK Code / Title 10 / Section 10-7505-6.5
Effect of final decree - Grandparental rights
Status: in_force

A. After the final decree of adoption is entered, the relation

of parent and child and all the rights, duties, and other legal

consequences of the natural relation of child and parent shall

thereafter exist between the adopted child and the adoptive parents

of the child and the kindred of the adoptive parents. From the date

of the final decree of adoption, the child shall be entitled to

inherit real and personal property from and through the adoptive

parents in accordance with the statutes of descent and distribution.

The adoptive parents shall be entitled to inherit real and personal

property from and through the child in accordance with said

statutes.

Oklahoma Statutes - Title 10. Children Page 366

B. After a final decree of adoption is entered, the biological

parents of the adopted child, unless they are the adoptive parents

or the spouse of an adoptive parent, shall be relieved of all

parental responsibilities for said child and shall have no rights

over the adopted child or to the property of the child by descent

and distribution.

C. A grandparent, who is the parent of the minor's biological

parents, may be given reasonable rights of visitation to the child,

only to the extent permitted by the provisions of Section 5 of this

title.

D. A decree of adoption does not affect any property right or

benefit vested in the child before the decree becomes final.
Okla. Stat. tit. 10A, § 10A-1-4-811 — OK Code / Title 10A / Section 10A-1-4-811
Permanency hearing and findings
Status: in_force

A. 1. The court shall conduct a permanency hearing to

determine the appropriate permanency goal for the child and to order

completion of all steps necessary to finalize the permanent plan.

The hearing shall be held no later than:

a. six (6) months after placing the child in out-of-home

placement and every six (6) months thereafter, and

b. thirty (30) days after a determination by the court

that reasonable efforts to return a child to either

parent are not required pursuant to the provisions of

Section 1-4-809 of this title.

2. A child shall be considered to have entered out-of-home

placement on the earlier of:

a. the adjudication date, or

b. the date that is sixty (60) days after the date on

which the child is removed from the home.

3. Subsequent permanency hearings shall be held at least every

six (6) months for any child who continues to be in an out-of-home

placement. At the request of a party, the Department of Human

Services, or on the motion of the court, the initial and subsequent

permanency hearings may be held more frequently.

4. At each permanency hearing, the court may consider testimony

of any person who has relevant information about the status of the

child or the status of the treatment plan. All parties shall have

the opportunity to present evidence and to cross-examine witnesses.

The rules of evidence shall not apply to permanency hearings and all

evidence helpful in determining the proper permanency goal shall be

considered including, but not limited to, oral and written reports,

which may be admitted and may be relied upon to the extent of their

probative value, even though not competent for the purposes of the

adjudicatory hearing.

5. The permanency plan for the child in transition to a

successful adulthood shall be developed in consultation with the

child and, at the option of the child, with up to two members of the

permanency planning team to be chosen by the child, excluding the

foster parent and caseworker for the child, subject to the following

provisions:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 151

a. one individual selected by the child may be designated

to be the advisor and, as necessary, advocate of the

child, with respect to the application of the

reasonable and prudent parent standard to the child,

and

b. the Department of Human Services may reject an

individual selected by the child to be a member of the

permanency planning team at any time if the Department

has good cause to believe that the selected individual

would not act in the best interests of the child.

B. A permanency hearing may be held concurrently with a

dispositional or review hearing.

C. If a foster parent, preadoptive parent, or relative is

currently providing care for a child, the Department shall give the

foster parent, preadoptive parent, or relative notice of a

proceeding concerning the child. A foster parent, 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, 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.

D. At the hearing, the court shall determine or review the

continued appropriateness of the permanency plan of the child and

whether a change in the plan is necessary, the date by which the

goal of permanency for the child is scheduled to be achieved, and

whether the current placement of the child continues to be the most

suitable for the health, safety, and welfare of the child. The

court shall also, in an age-appropriate manner, inquire or cause

inquiry to be made of the child regarding the proposed permanency

plan and if the child is age fourteen (14) or older, the planning

for the transition of the child to a successful adulthood.

E. A transcript shall be made of each permanency hearing or the

proceeding shall be memorialized by appropriate written findings of

facts, and the court having considered all relevant information

shall order one of the following permanency plans for the child:

1. Reunification with the parent, parents, or legal guardian of

the child where:

a. reunification can be expected to occur within an

established time frame that is consistent with the

developmental needs of the child, and

b. the health and safety of the child can be adequately

safeguarded if returned home;

2. Placement for adoption after the rights of the parents have

been terminated or after a petition has been filed to terminate

parental rights;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 152

3. Placement with a person who will be the permanent guardian

of the child and is able to adequately and appropriately safeguard

the health, safety, and welfare of the child; or

4. a. Placement in the legal custody of the Department under

a planned alternative permanent placement, provided

the child is age sixteen (16) or older and there are

compelling reasons documented by the Department and

presented to the court at each permanency hearing that

include the intensive, ongoing and, as of the date of

the hearing, unsuccessful efforts made to:

(1) return the child home, or

(2) place the child with a fit and willing relative,

including adult siblings, a legal guardian, or an

adoptive parent, and

(3) find biological family members for the child

utilizing search technology, including social

media.

b. The Department shall also document at each permanency

hearing the steps taken, including inquiry of the

child in an age-appropriate manner, to ensure that:

(1) the foster family home of the child or facility

where the child is placed is following the

reasonable and prudent parent standard, and

(2) the child has regular, ongoing opportunities to

engage in age-appropriate or developmentally

appropriate activities.

c. When a planned alternative permanent placement is the

court-ordered permanency plan for the child, the court

shall at each permanency hearing:

(1) ask the child about the permanency outcome the

child desires, and

(2) make a judicial determination, as of the date of

the hearing, why a planned alternative permanent

placement is the best permanency plan for the

child and provide compelling reasons why it

continues to not be in the best interests of the

child to return home or be placed for adoption

with a legal guardian or with a fit and willing

relative.

F. In addition to the findings required under subsection E of

this section, the court shall also make written findings related to:

1. Whether the Department has made reasonable efforts to

finalize the permanency plan that is in effect for the child and a

summary of the efforts the Department has made; or, in the case of

an Indian child, whether the Department has made active efforts to

provide remedial services and rehabilitative programs as required by

25 U.S.C., Section 1912(d);

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 153

2. If the permanency plan is for the child to remain in out-of-

home care, whether the child's out-of-home placement continues to be

appropriate and in the best interests of the child;

3. If the current placement is not expected to be permanent,

the court's projected timetable for return home or for placement in

an adoptive home with a guardian, or another planned permanent

living arrangement; and

4. Whether reasonable efforts, in accordance with the safety or

well-being of any child, 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.

G. The court may make appropriate orders to ensure timely

implementation of the permanency plan and shall order the plan to be

accomplished within a specified period of time.
Okla. Stat. tit. 10, § 10-557.23 — OK Code / Title 10 / Section 10-557.23
Laboratory or clinical error
Status: in_force

A. If a gestational agreement has been validated and if,

because of a laboratory error or clinical error, the resulting child

under such gestational agreement is not genetically related to one

or more of the intended parents or one or more of the donors who

donated to the intended parent or parents and if, in the absence of

such error, the child should have been so genetically related, then

the intended parents under the gestational agreement shall

nonetheless be considered the parents of the child, unless a

determination to the contrary is made by a court of competent

jurisdiction in an action which may only be brought by one or more

genetic parents of the resulting child within one hundred eighty

(180) days after the birth of the child.

B. Nothing in the Oklahoma Gestational Agreement Act shall

create, affect or diminish any cause of action that a person may

have under Oklahoma law for a laboratory error or clinical error

occurring as part of an assisted reproduction procedure.
Okla. Stat. tit. 10A, § 10A-2-2-101 — OK Code / Title 10A / Section 10A-2-2-101
Taking of child into custody - Detention - Medical
Status: in_force

treatment - Behavioral health treatment - Hearing on order for

medical treatment.

A. A child may be taken into custody prior to the filing of a

petition alleging that the child is delinquent or in need of

supervision:

1. By a peace officer, without a court order for any criminal

offense for which the officer is authorized to arrest an adult

without a warrant, or if the child is willfully and voluntarily

absent from the home of the child without the consent of the parent,

legal guardian, legal custodian or other person having custody and

control of the child for a substantial length of time or without

intent to return, or if the surroundings of the child are such as to

endanger the welfare of the child;

2. By a peace officer or an employee of the court without a

court order, if the child is willfully and voluntarily absent from

the home of the child without the consent of the parent, legal

guardian, legal custodian or other person having custody and control

of the child if the surroundings of the child are such as to

endanger the welfare of the child or, in the reasonable belief of

the employee of the court or peace officer, the child appears to

have run away from home without just cause. For purposes of this

section, a peace officer may reasonably believe that a child has run

away from home when the child refuses to give his or her name or the

name and address of a parent or other person legally responsible for

the care of the child or when the peace officer has reason to doubt

that the name and address given by the child are the actual name and

address of the parent or other person legally responsible for the

care of the child. A peace officer or court employee is authorized

by the court to take a child who has run away from home or who, in

the reasonable belief of the peace officer, appears to have run away

from home, to a facility designated by administrative order of the

court for such purposes if the peace officer or court employee is

unable to or has determined that it is unsafe to return the child to

the home of the child or to the custody of his or her parent or

other person legally responsible for the care of the child. Any

such facility receiving a child shall inform a parent or other

person responsible for the care of the child;

3. Pursuant to an order of the district court issued on the

application of the office of the district attorney. The application

presented by the district attorney shall be supported by a sworn

affidavit which may be based upon information and belief. The

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 271

application shall state facts sufficient to demonstrate to the court

that there is probable cause to believe the child has committed a

crime or is in violation of the terms of probation, parole or order

of the court;

4. By order of the district court pursuant to subsection F of

this section when the child is in need of medical or behavioral

health treatment or other action in order to protect the health or

welfare of the child and the parent, legal guardian, legal custodian

or other person having custody or control of the child is unwilling

or unavailable to consent to such medical or behavioral health

treatment or other action; and

5. Pursuant to an emergency ex parte or a final protective

order of the district court issued at the request of a parent or

legal guardian pursuant to the Protection from Domestic Abuse Act.

Any child referred to in this subsection shall not be considered

to be in the custody of the Office of Juvenile Affairs.

B. Whenever a child is taken into custody as a delinquent

child, the child shall be detained, held temporarily in the

custodial care of a peace officer or other person employed by a

police department, or be released to the custody of the parent of

the child, legal guardian, legal custodian, attorney or other

responsible adult, upon the written promise of such person to bringOklahoma Statutes - Title 10A. Children and Juvenile Code Page 4uvenile Affairs.

B. Whenever a child is taken into custody as a delinquent

child, the child shall be detained, held temporarily in the

custodial care of a peace officer or other person employed by a

police department, or be released to the custody of the parent of

the child, legal guardian, legal custodian, attorney or other

responsible adult, upon the written promise of such person to bring

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

filed and to assume responsibility for costs for damages caused by

the child if the child commits any delinquent acts after being

released regardless of whether or not a petition is to be filed. It

shall be a misdemeanor for any person to sign the written promise

and then fail to comply with the terms of the promise. Any person

convicted of violating the terms of the written promise shall be

subject to imprisonment in the county jail for not more than six (6)

months or a fine of not more than Five Hundred Dollars ($500.00), or

by both such fine and imprisonment. In addition, if a parent, legal

guardian, legal custodian, attorney or other responsible adult is

notified that the child has been taken into custody, it shall be a

misdemeanor for such person to refuse to assume custody of the child

within a timely manner. If detained, the child shall be taken

immediately before a judge of the district court in the county in

which the child is sought to be detained, or to the place of

detention or a children's emergency resource center or host home

designated by the court. If no judge be available locally, the

person having the child in custody shall immediately report the

detention of the child to the presiding judge of the judicial

administrative district, provided that the child shall not be

detained in custody beyond the next judicial day or for good cause

shown due to problems of arranging for and transporting the child to

and from a secure juvenile detention center, beyond the second

judicial day unless the court shall so order after a detention

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 272

hearing to determine if there exists probable cause to detain the

child. The child shall be present at the detention hearing or the

image of the child may be broadcast to the judge by closed-circuit

television or any other electronic means that provides for a two-way

communication of image and sound between the child and the judge.

If the latter judge cannot be reached, such detention shall be

reported immediately to any judge regularly serving within the

judicial administrative district. If detained, a reasonable bond

for release shall be set. Pending further disposition of the case,

a child whose custody has been assumed by the court may be released

to the custody of a parent, legal guardian, legal custodian, or

other responsible adult or to any other person appointed by the

court, or be detained pursuant to Chapter 3 of the Oklahoma Juvenile

Code in such place as shall be designated by the court, subject to

further order.

C. When a child is taken into custody as a child in need of

supervision, the child shall be detained and held temporarily in the

custodial care of a peace officer or placed within a community

intervention center as defined in subsection D of Section 2-7-305 of

this title, a children's emergency resource center or host home, or

be released to the custody of the parent of the child, legal

guardian, legal custodian, attorney or other responsible adult, upon

the written promise of such person to bring the child to court at

the time fixed if a petition is to be filed. A child who is alleged

or adjudicated to be in need of supervision shall not be detained in

any jail, lockup, or other place used for adults convicted of a

crime or under arrest and charged with a crime.

D. When any child is taken into custody pursuant to this title

and it reasonably appears to the peace officer, employee of the

court or person acting pursuant to court order that the child is in

need of medical treatment to preserve the health of the child, any

peace officer, any employee of the court or person acting pursuant

to court order shall have the authority to authorize medical

examination and medical treatment for any child found to be in need

of medical treatment as diagnosed by a competent medical authority

in the absence of the parent of the child, legal guardian, legal

custodian, or other person having custody and control of the child

who is competent to authorize medical treatment. The officer or the

employee of the court or person acting pursuant to court order shall

authorize said medical treatment only after exercising due diligence

to locate the parent of the child, legal guardian, legal custodian,

or other person legally competent to authorize said medical

treatment. The parent of the child, legal guardian, legal

custodian, or other person having custody and control shall be

responsible for such medical expenses as ordered by the court. No

peace officer, any employee of the court or person acting pursuant

to court order authorizing such treatment in accordance with the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 273

provisions of this section for any child found in need of such

medical treatment shall have any liability, civil or criminal, for

giving such authorization.

E. A child who has been taken into custody as otherwise

provided by this Code who appears to be a minor in need of

treatment, as defined by the Inpatient Mental Health and Substance

Abuse Treatment of Minors Act, may be admitted to a behavioral

health treatment facility in accordance with the provisions of the

Inpatient Mental Health and Substance Abuse Treatment of Minors Act.

The parent of the child, legal guardian, legal custodian, or other

person having custody and control shall be responsible for such

behavioral health expenses as ordered by the court. No peace

officer, any employee of the court or person acting pursuant to

court order authorizing such treatment in accordance with the

provisions of this section for any child found in need of such

behavioral health evaluation or treatment shall have any liability,

civil or criminal, for giving such authorization.

F. 1. A child may be taken into custody pursuant to an order

of the court specifying that the child is in need of medical

treatment or other action to protect the health or welfare of the

child and the parent, legal guardian, legal custodian, or other

responsible adult having custody or control of a child is unwilling

or unavailable to consent to such medical treatment or other action.

2. If the child is in need of immediate medical treatment or

other action to protect the health or welfare of the child, the

court may issue an emergency ex parte order upon application of the

district attorney of the county in which the child is located. The

application for an ex parte order may be verbal or in writing and

shall be supported by facts sufficient to demonstrate to the court

that there is reasonable cause to believe that the child is in need

of immediate medical treatment or other action to protect the health

or welfare of the child. The emergency ex parte order shall be in

effect until a full hearing is conducted. A copy of the

application, notice for full hearing and a copy of any ex parte

order issued by the court shall be served upon such parent, legal

guardian, legal custodian, or other responsible adult having custody

or control of the child. Within twenty-four (24) hours of the

filing of the application the court shall schedule a full hearing on

the application, regardless of whether an emergency ex parte order

had been issued or denied.

3. Except as otherwise provided by paragraph 2 of this

subsection, whenever a child is in need of medical treatment to

protect the health or welfare of the child, or whenever any other

action is necessary to protect the health or welfare of the child,

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

other person having custody or control of the child is unwilling or

unavailable to consent to such medical treatment or other action,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 274

the court, upon application of the district attorney of the county

in which the child is located, shall hold a full hearing within five

(5) days of filing the application. Notice of the hearing and a

copy of the application shall be served upon the parent, legal

guardian, legal custodian, or other person having custody or control

of the child.

4. At any hearing held pursuant to this subsection, the court

may grant any order or require such medical treatment or other

action as is necessary to protect the health or welfare of the

child.

5. a. The parent, legal guardian, legal custodian, or other

person having custody or control of the child shall be

responsible for such medical expenses as ordered by

the court.

b. No peace officer, any employee of the court or person

acting pursuant to court order authorizing such

treatment in accordance with the provisions of this

subsection for any child found in need of such medical

treatment shall have any liability, civil or criminal.

G. As a part of the intake process, an employee of the Office

of Juvenile Affairs or a county juvenile bureau shall inquire as to

whether there is any American Indian lineage or ancestry that would

make the child eligible for membership or citizenship in a federally

recognized American Indian tribe or nation. If the employee of the

Office of Juvenile Affairs or a county juvenile bureau determines

that the child may have American Indian lineage or ancestry, the

employee shall notify the primary tribe or nation of membership or

citizenship within three (3) judicial days of completing an intake

of such determination. Any information or records related to taking

the child into custody shall be confidential, shall not be open to

the general public, and shall not be inspected or their contents

disclosed.
Okla. Stat. tit. 10, § 10-7003-5.6h — OK Code / Title 10 / Section 10-7003-5.6h
Renumbered as § 1-4-812 of Title 10A by Laws 2009,
Status: in_force

c. 233, § 258, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-640.2 — OK Code / Title 10 / Section 10-640.2
Powers and responsibilities of Board
Status: in_force

A. The Oklahoma Partnership for School Readiness Board may:

1. Establish guidelines for the disbursement of funds received

from any public or private source or otherwise made available to the

Board for the purpose of supporting community initiatives that are

consistent with the goals of the Oklahoma Partnership for School

Readiness Act and direct such other expenditures as may be necessary

in the performance of its duties;

2. Establish other guidelines as necessary to carry out the

duties and responsibilities assigned to the Oklahoma Partnership for

School Readiness Board;

3. Receive funds from any public or private source;

4. Enter into contractual agreements to assist with the

administration of the Board and to provide technical assistance to

communities upon request;

5. Appoint subcommittees which may include persons who are not

Board members. Such persons shall not be entitled to compensation

but may be reimbursed, upon approval by the Director of the

Department of Human Services, for necessary expenses incurred in the

performance of their duties in accordance with the State Travel

Reimbursement Act; and

6. The Board shall ensure, to the greatest extent possible,

that the needs and values of all parents are respected and protected

and that voluntary participation is the basis for delivering all

school readiness programs. The Board shall act in ways which are

sensitive to the diverse religious and other values of Oklahomans.

B. The responsibilities of the Oklahoma Partnership for School

Readiness Board shall be to:

1. Conduct a thorough assessment of existing public and private

programs to determine their effectiveness and to maximize the

efficient use of current state funds;

2. Implement a public engagement campaign and establish a

structure to facilitate communication between communities;

Oklahoma Statutes - Title 10. Children Page 175

3. Provide leadership at the state level to encourage

communities to develop and improve school readiness opportunities at

the local level to encourage and empower local communities;

4. Encourage public and private programs, services, and

initiatives be brought together to provide coordinated, community-

based, effective and cost-efficient programs;

5. Maximize the extent to which private sector funding is

leveraged and federal, state, and local funds are coordinated with

private funds;

6. Serve as the administrator of the statewide child care

resource and referral network;

7. Serve as the state clearinghouse for early childhood

education and development programs and services;

8. Establish standards of accountability in school readiness

programs and policy and recognize and promote the best practices;

and

9. Submit an annual report to the Governor and the Legislature

no later than November 1 of each year. The report shall include,

but not be limited to, the following:

a. preparedness level of children entering kindergarten,

b. status and results of the effort of the Board to

engage the public regarding the care and education of

children under the age of five (5) years and of the

efforts of the Board to develop and promote private

sector programs and voluntary parental involvement,

c. detailed summary of community initiatives and programs

funded in whole, or in part, by the Board,

d. availability and cost of quality child care for

children under five (5) years of age needing care

outside their home,

e. number, location, and status of quality

prekindergarten programs in the state, and

f. percentage of third-grade students reading at or above

grade level.

C. The Department of Human Services shall be the lead public

agency for general administration and monitoring of programs and

activities related to the Oklahoma Partnership for School Readiness

Act.

D. Each of the following agencies shall make staff available to

the Oklahoma Partnership for School Readiness Board for the purpose

of providing professional consultation and staff support to assist

in the implementation of this act:

1. State Department of Education;

2. State Department of Health;

3. Department of Mental Health and Substance Abuse Services;

4. Department of Human Services; and

5. Oklahoma Commission on Children and Youth.

Oklahoma Statutes - Title 10. Children Page 176
Okla. Stat. tit. 10, § 10-7204 — OK Code / Title 10 / Section 10-7204
Renumbered as § 1-7-108 of Title 10A by Laws 2009, c
Status: in_force

233, § 281, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-7-204 — OK Code / Title 10A / Section 10A-2-7-204
Employee's personal property damaged or destroyed by
Status: in_force

juvenile in custody - Repair or replacement.

The Office of Juvenile Affairs is authorized to repair or

replace the personal property of an employee if the personal

property is damaged or destroyed by a juvenile who is in the custody

of the Office of Juvenile Affairs while the employee is engaged in

the performance of official duties for the Office of Juvenile

Affairs. Any personal property repaired or replaced shall be

comparable in kind, quality and cost to the original property.

Reimbursement shall not duplicate insurance coverage carried by the

employee.
Okla. Stat. tit. 10, § 10-1108 — OK Code / Title 10 / Section 10-1108
Renumbered as § 7304-1.3 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.

Oklahoma Statutes - Title 10. Children Page 184
Okla. Stat. tit. 10, § 10-7302-5.2 — OK Code / Title 10 / Section 10-7302-5.2
Renumbered as § 2-7-502 of Title 10A by Laws 2009, c
Status: in_force

234, § 173, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1417.1 — OK Code / Title 10 / Section 10-1417.1
Medicaid payments for reserved beds in intermediate
Status: in_force

care facilities for individuals with intellectual disabilities -

Amendment of Medicaid State Plan.

A. Payments under the Medicaid Program shall be made to reserve

a bed in an intermediate care facility for individuals with

intellectual disabilities (ICF/IID) during the absence of a

resident, other than for periods of inpatient hospitalization,

pursuant to the provisions of 42 C.F.R. 447.40. Such payments for

Oklahoma Statutes - Title 10. Children Page 223

periods of absence shall be limited to payment for a maximum of

sixty (60) days absent in a calendar year.

B. The Department of Human Services shall amend the Medicaid

State Plan to conform with the requirements of this section.
Okla. Stat. tit. 10A, § 10A-1-2-111 — OK Code / Title 10A / Section 10A-1-2-111
Pilot program to improve socioeconomic outcomes for
Status: in_force

children in state custody.

A. The Department of Human Services may, subject to available

funding and in consultation with an evaluation team created pursuant

to this section, create a pilot program to improve socioeconomic

outcomes for children in state custody.

B. If implemented by the Department, the pilot program shall:

1. Identify the populations of children in state custody and

the characteristics of those children including, but not limited to,

populations in which parental drug and/or alcohol abuse, mental

illness, mental and/or physical disability and domestic abuse are an

issue;

2. Develop and design programs to provide services to children

in state custody;

3. Develop methods for coordinating state and local services to

assist children and their families;

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

concerns in developing and designing such programs;

5. Monitor, evaluate and review the programs implemented to

serve populations of children in state custody; and

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

deemed necessary by the Department to provide a comprehensive

assessment of the needs and programs necessary to provide assistance

to children in state custody.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 66

C. An evaluation team shall determine the effectiveness of the

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

Department annually thereafter. Such report shall cover:

1. Effective programs that will serve children in state

custody;

2. The potential for statewide expansion of programs;

3. Funding sources from public and private partnerships;

4. Training of professionals to serve children in state

custody;

5. Monitoring, evaluating and reviewing continued effectiveness

of such programs;

6. Special needs of children in state custody from parental

addiction to drugs and alcohol and parental mental illness and

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

7. Recommendations regarding the issuance of grants and

contracts for serving such populations.

D. The evaluation team shall consist of not more than two (2)

representatives from the following entities who have expertise in

child abuse prevention, juvenile delinquency or a related field and

who have an understanding of program evaluation techniques:

1. The Department of Human Services;

2. The Department of Mental Health and Substance Abuse

Services;

3. The Oklahoma Commission on Children and Youth;

4. A statewide organization advocating for children's issues;

5. A statewide organization representing children in court;

6. The University of Oklahoma;

7. Oklahoma State University; and

8. The Office of Juvenile Affairs.

E. Upon receipt of recommendations from the evaluation team

established pursuant to this section, which indicate that the

expansion of the pilot project on a statewide basis would be

economically feasible and practical, the Department for Human

Services may promulgate rules for developing a statewide program

based on the findings of the pilot program.

F. The Department may:

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

the Department pursuant to the provisions of this section; and

2. Accept the services of volunteer workers or consultants,

provided no compensation be provided for such services.

G. The Department of Human Services may promulgate rules to

implement the provisions of this section.
Okla. Stat. tit. 10, § 10-7002-2.2 — OK Code / Title 10 / Section 10-7002-2.2
Renumbered as § 1-8-108 of Title 10A by Laws 2009, c
Status: in_force

233, § 292, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7700-307 — OK Code / Title 10 / Section 10-7700-307
Rescission of acknowledgment or denial
Status: in_force

A. A signatory may sign a rescission of acknowledgment of

paternity or sign a rescission of denial of paternity before the

earlier of:

1. Sixty (60) days after the effective date of the

acknowledgment; or

2. The date of the first hearing, in a proceeding to which the

signatory is a party, before a court to adjudicate an issue relating

to the child, including a proceeding that establishes support.

B. A signatory who was a minor at the time of execution of the

acknowledgment may rescind an acknowledgment of paternity within

sixty (60) days of reaching the age of eighteen.
Okla. Stat. tit. 10, § 10-7308-1.10 — OK Code / Title 10 / Section 10-7308-1.10
Renumbered as § 2-8-109 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 191, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1608 — OK Code / Title 10 / Section 10-1608
Renumbered as § 508 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-1129 — OK Code / Title 10 / Section 10-1129
Renumbered as § 7001-1.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-415 — OK Code / Title 10 / Section 10-415
Child with reportable contagious disease to be excluded
Status: in_force

from day care facility.

Any child afflicted with a reportable contagious disease shall

be excluded from attending a day care center or day care home until

such time as the period of communicability has elapsed as determined

by a licensed physician or health department official. Such

exclusion shall be reported to a local health department official.
Okla. Stat. tit. 10, § 10-7303-1.2 — OK Code / Title 10 / Section 10-7303-1.2
Renumbered as § 2-2-102 of Title 10A by Laws 2009, c
Status: in_force

234, § 178, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7001-1.2 — OK Code / Title 10 / Section 10-7001-1.2
Renumbered as § 1-1-102 of Title 10A by Laws 2009, c
Status: in_force

233, § 210, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-404.3 — OK Code / Title 10 / Section 10-404.3
Demarion's Law - Mandatory liability insurance for
Status: in_force

facilities

A. A child care facility shall maintain general liability

insurance coverage as defined by Section 707 of Title 36 of the

Oklahoma Statutes of at least Two Hundred Thousand Dollars

($200,000.00) for each occurrence of negligence. An insurance

policy or contract required under this section shall cover injury to

Oklahoma Statutes - Title 10. Children Page 84

a child due to negligence that occurs while the child is in the care

of the child care facility.

B. The Department of Human Services shall promulgate rules

providing for a standard form to be signed and dated by an insurance

agent licensed in this state stating that the child care facility

has an unexpired and uncancelled insurance policy or contract of at

least Two Hundred Thousand Dollars ($200,000.00) that meets the

requirements of this section. This form shall be completed annually

and shall be maintained by the child care facility. Upon request,

the form shall be made available to the Department to determine

compliance with licensing requirements.

C. Should the child care facility for financial reasons or for

lack of availability of an underwriter willing to issue a policy be

unable to secure the insurance required under subsection A of this

section, should the policy limits be exhausted, or if the child care

facility reports self-insurance in accordance with state law the

child care facility shall:

1. Post a conspicuous notice at the facility indicating the

facility does not have liability insurance coverage pursuant to this

section or reports self-insurance in accordance with state law;

2. Notify the Department that coverage is not provided or that

the facility reports self-insurance in accordance with state law;

and

3. Keep a form signed by the parent or legal guardian of each

child that he or she has been told that the child care facility does

not carry at least Two Hundred Thousand Dollars ($200,000.00) of

general liability insurance.

D. The Department shall promulgate rules providing for a

standard notice form for the facility to post which indicates the

facility does not carry liability insurance or reports self-

insurance in accordance with state law. The form required pursuant

to paragraph 1 of subsection C of this section shall be:

1. Printed with lettering that is legible and in at least

three-fourths-inch boldfaced type;

2. Placed at the main entrance of the facility in a conspicuous

location; and

3. Copied and provided to the parent or legal guardian of each

child under supervision of the child care facility.

E. In no case shall the inability to secure coverage serve to

indemnify the child care facility due to negligence.

F. The insurance policy or contract shall be maintained at all

times in an amount as required by this section, except as provided

for in subsection C of this section.

G. Each child care facility shall maintain a copy of the most

recent compliance file onsite. The Department shall promulgate

rules providing for a standard notice form for the facility to post

which indicates:

Oklahoma Statutes - Title 10. Children Page 85

1. The facility has a copy of the most recent compliance files

onsite for inspection upon request of a parent or guardian of each

child under the supervision of the child care facility; and

2. Such files are also made available for public inspection by

the Department.

H. The forms required pursuant to this subsection shall be:

1. Printed with lettering that is legible and in at least

three-fourths-inch boldfaced type;

2. Placed at the main entrance of the facility in a conspicuous

location; and

3. Copied and provided to the parent or legal guardian of each

child under supervision of the child care facility.

I. The requirements for posting provided by subsection D and G

of this section shall not apply to:

1. Licensed child-placing agencies;

2. Licensed residential child care facilities; or

3. Department-certified child care facilities.

J. The Department may promulgate rules requiring liability

insurance for facilities listed in subsection I of this section.

K. Failure by a child care facility to comply with the

provisions of this section is grounds for suspension or revocation

of the child care facility license under the Oklahoma Child Care

Facilities Licensing Act.

L. The Department shall promulgate rules to implement the

provisions of this section.
Okla. Stat. tit. 10A, § 10A-2-7-802 — OK Code / Title 10A / Section 10A-2-7-802
Juvenile Justice Public Works Program
Status: in_force

A. This act shall be known and may be cited as the “Juvenile

Justice Public Works Act”.

B. As used in the Juvenile Justice Public Works Act:

1. “Director” means the Director of the Office of Juvenile

Affairs;

2. “Public works project” means a project that has been

determined by the Director of the Office of Juvenile Affairs to be

necessary for the public well-being and conducive to rehabilitation

and the reduction of recidivism among participating juveniles or

youthful offenders; and

3. “Juvenile or youthful offender” means any person who is

under the custody and control of the Office of Juvenile Affairs.

C. The Office of Juvenile Affairs shall establish and maintain

the Juvenile Justice Public Works Program. The purpose of the

Juvenile Justice Public Works Program shall be to:

1. Provide labor for community service projects in order to

develop lands pursuant to public works projects;

2. Provide improvements and beautification to public lands and

buildings; and

3. Reduce recidivism for juvenile or youthful offenders by

aiding such individuals in transitioning between institutions and

the community.

D. No juvenile or youthful offender shall be assigned to any

public works project if the offender:

1. Is deemed by the Director to be a threat to public safety;

or

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 454

2. Has escaped or attempted to escape from an institution or

other placement within the last year.

E. The Board of Juvenile Affairs shall promulgate rules as

necessary to implement the provisions of the Juvenile Justice Public

Works Act. At a minimum, the rules shall provide guidelines that

establish criteria for selection and assignment to the Juvenile

Justice Public Works Program and the duties to be performed by the

participants in the program.

F. The Juvenile Justice Public Works Act shall not be construed

to restore, in whole or in part, the civil rights of any juvenile or

youthful offender. No juvenile or youthful offender participating

in the Juvenile Justice Public Works Program shall be considered an

employee of the state or the Office of Juvenile Affairs, nor shall

any such participant be subject to the provisions of the labor laws

of this state. Any eligible juvenile or youthful offender assigned

to the Juvenile Justice Public Works Program shall be exempt from

the provisions of the Workers’ Compensation Act.

G. 1. All state and local government agencies, nonprofit

organizations, community service agencies, educational programs and

other treatment programs are immune from liability for torts

committed by or against any eligible juvenile or youthful offender

assigned to the Juvenile Justice Public Works Program, except that

the Office of Juvenile Affairs shall provide basic or necessary

medical and dental care to the juvenile or youthful offenders placed

in the program in such instances.

2. Without waiving the immunity of the state, the Executive

Director of the Office of Juvenile Affairs may authorize the repair

or replacement of the personal property of a third party if the

personal property is damaged or destroyed by a juvenile or youthful

offender who is in the custody of the Office of Juvenile Affairs and

while participating in the Juvenile Justice Public Works Program.

Any personal property repaired or replaced shall be comparable in

kind, quality and cost to the original property. Reimbursement

shall not duplicate insurance coverage carried by the third party.
Okla. Stat. tit. 10, § 10-7302-2.2 — OK Code / Title 10 / Section 10-7302-2.2
Renumbered as § 2-7-202 of Title 10A by Laws 2009, c
Status: in_force

234, § 170, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7509-1.2 — OK Code / Title 10 / Section 10-7509-1.2
Confidential index of birth and adoptive names
Status: in_force

In order to facilitate the updating of medical and social

information received pursuant to the Oklahoma Adoption Act and for

the operation of the mutual consent voluntary registry and the

confidential intermediary search programs, the office of the court

clerk in each county of this state shall create a confidential index

that cross-references an adoption of a child by both the child's

birth name and adoptive name.
Okla. Stat. tit. 10, § 10-7309-1.10 — OK Code / Title 10 / Section 10-7309-1.10
Renumbered as § 2-9-110 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 192, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1408 — OK Code / Title 10 / Section 10-1408
Definitions
Status: in_force

A. "Individual with intellectual disability" as used in

Sections 1406 through 1424 of this title means a person who has

significantly subaverage functioning, intelligence quotient of less

Oklahoma Statutes - Title 10. Children Page 209

than seventy (70), manifested before the age of eighteen (18) and

existing concurrently with related limitations in two or more of the

following applicable adaptive skill areas:

1. Communication;

2. Self-care;

3. Home living;

4. Social skills;

5. Use of community resources;

6. Self-direction;

7. Health and safety;

8. Functional academics;

9. Leisure; and

10. Work.

B. "Resident" as used in Sections 1406 through 1424 of this

title shall mean a person admitted to and in residence in any of the

institutions named in Section 1406 of this title, or on a vacation

or extended vacation status from such institution.

C. "Developmental disability" as used in Sections 1406 through

1424 of this title means a severe, chronic disability of a person

which:

1. Is attributable to a mental or physical impairment or

combination of mental and physical impairments, such as intellectual

developmental disorder, cerebral palsy, or autism;

2. Is manifested before the person attains twenty-two (22)

years of age;

3. Is likely to continue indefinitely;

4. Results in substantial functional limitations in three or

more of the following areas of major life activity:

a. self-care,

b. receptive and expressive language,

c. learning,

d. mobility,

e. self-direction,

f. capacity for independent living, and

g. economic self-sufficiency; and

5. Reflects the person's need for a combination and sequence of

special, interdisciplinary, or generic care, treatment, or other

services which are of lifelong or extended duration and are

individually planned and coordinated. The term developmental

disability shall not include mentally ill persons, as those persons

are defined by Section 1-103 of Title 43A of the Oklahoma Statutes,

whose sole disability is mental illness.

D. Nothing in subsection C of this section shall be construed

to render persons who are receiving services upon September 1, 1991,

through programs and services for individuals with intellectual

disabilities offered by the Department of Human Services as

ineligible for such services. The Department of Human Services may

Oklahoma Statutes - Title 10. Children Page 210

provide, within the limitations of funds and other resources

available for such purpose, programs and services for persons with

developmental disabilities who are not presently served by the

Department of Human Services.
Okla. Stat. tit. 10, § 10-61 — OK Code / Title 10 / Section 10-61
Renumbered as § 7510-3.1 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7510-3.3 — OK Code / Title 10 / Section 10-7510-3.3
Administration of compact - Rules and regulations
Status: in_force

The Department of Human Services shall be the administrator of

the Compact on Adoption and Medical Assistance. The Oklahoma Public

Welfare Commission shall promulgate rules and regulations to

implement the terms and purposes of this compact.
Okla. Stat. tit. 10A, § 10A-2-2-401 — OK Code / Title 10A / Section 10A-2-2-401
Trial by jury
Status: in_force

In adjudicatory hearings to determine if a child is delinquent

or in need of supervision, any person entitled to service of summons

or the state shall have the right to demand a trial by jury, which

shall be granted as in other cases, unless waived, or the judge on

the judge's own motion may call a jury to try any such case. Such

jury shall consist of six persons.
Okla. Stat. tit. 10, § 10-60.6 — OK Code / Title 10 / Section 10-60.6
Renumbered as § 7505-4.2 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7700-305 — OK Code / Title 10 / Section 10-7700-305
Effect of acknowledgment or denial
Status: in_force

A. Except as otherwise provided in Sections 15 and 16 of this

act, a valid acknowledgment of paternity signed by both parents is

equivalent to an adjudication of paternity of a child and confers

upon the acknowledged father all of the rights and duties of a

parent.

B. Except as otherwise provided in Sections 15 and 16 of this

act, a valid denial of paternity by a presumed father when executed

in conjunction with a valid acknowledgment of paternity is

equivalent to an adjudication of the nonpaternity of the presumed

father and discharges the presumed father from all rights and duties

of a parent.

Oklahoma Statutes - Title 10. Children Page 399
Okla. Stat. tit. 10A, § 10A-2-7-616 — OK Code / Title 10A / Section 10A-2-7-616
Board of Juvenile Affairs - Charter school
Status: in_force

A. For the purposes of establishing and operating a charter

school, pursuant to the provisions of Section 3-130 et seq. of Title

70 of the Oklahoma Statutes, the Board of Juvenile Affairs may serve

as the governing body of the charter school and may take any action

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 443

necessary to serve in such capacity and in accordance with rules of

the State Board of Education. The Board of Juvenile Affairs may

promulgate rules as necessary for the establishment and operation of

such charter school and shall establish policies and provide

oversight for any such charter school.

B. The Executive Director of the Office of Juvenile Affairs

shall provide for the administration and operation of any charter

school established and operated by the Office of Juvenile Affairs.

C. The Executive Director of the Office of Juvenile Affairs may

employ instructional and administrative personnel necessary for the

operation of a charter school and may contract with such personnel

for the terms and conditions of their employment or for the services

provided. Instructional and administrative personnel employed by

the Office of Juvenile Affairs shall be in the unclassified service.

Such personnel shall be eligible for membership or participation in

the Teachers' Retirement System of Oklahoma.

D. To implement the provisions of this section, the Office of

Management and Enterprise Services shall have the authority to

exempt the Office of Juvenile Affairs from specific statutes that

are in conflict with requirements of operating a charter school.

The Office of Management and Enterprise Services shall take any

action necessary to assist the Office of Juvenile Affairs in

operating a charter school, including but not limited to:

1. Establishing a special agency account; and

2. Authorizing a surety bond as required by Section 5-116a of

Title 70 of the Oklahoma Statutes.
Okla. Stat. tit. 10, § 10-7508-1.2 — OK Code / Title 10 / Section 10-7508-1.2
Mutual Consent Voluntary Registry
Status: in_force

A. The Department of Human Services shall establish and

administer, directly or through a contractor, a Mutual Consent

Voluntary Registry whereby eligible persons as described in

subsection B of this section may indicate their willingness to have

their identity and whereabouts disclosed to each other under the

conditions specified under this part.

B. Subject to the restrictions of subsections C and D of this

section, the following persons may register with the Mutual Consent

Voluntary Registry:

1. An adult adopted person;

2. An adult person whose biological parent's parental rights

have been terminated;

3. The adoptive parents or guardian of an adopted person who is

under the age of eighteen (18) or who has been declared mentally

incompetent;

4. If an adopted person is deceased, the legal parent or

guardian of any minor child or mentally incompetent child of the

adopted person;

5. If an adopted person is deceased, any adult descendants of

the adopted person;

6. The legal parent or guardian of a minor or a person who has

been declared mentally incompetent whose biological parent's

parental rights have been terminated;

Oklahoma Statutes - Title 10. Children Page 374

7. The legal parent or guardian of any minor or mentally

incompetent child of a deceased person whose biological parent's

parental rights have been terminated;

8. The adult descendants of a deceased person whose biological

parent's parental rights have been terminated;

9. A parent whose parental rights were voluntarily terminated

by court order subsequent to the parent's consent or relinquishment,

or involuntarily terminated by court order, in an adoption,

juvenile, guardianship, or domestic relations proceeding; and

10. An adult biological relative of an adopted person or a

person whose biological parent's parental rights have been

terminated.

C. This registry shall not be used by:

1. An adult adopted person who has a minor biological sibling

in the same adoptive family or in an adoptive or foster family or

other placement whose location is known to the adult adopted person;

or

2. An adult whose biological parent's parental rights have been

terminated and who has a biological sibling in the same family or in

an adoptive or foster family or other placement whose location is

known to that adult.

D. If a biological relative, other than a biological parent,

registers pursuant to paragraph 9 of subsection B of this section,

the administrator of the Mutual Consent Voluntary Registry shall

ascertain from the State Registrar of Vital Statistics whether an

affidavit of nondisclosure by a biological parent is on file. If

such an affidavit is filed with the State Registrar and has not been

revoked, the administrator of the Mutual Consent Voluntary Registry

shall not process a match with any biological relative of the parent

who filed the affidavit of nondisclosure.

E. 1. An eligible person may register by submitting a

notarized affidavit, on a form provided by the Department of Human

Services, stating the registrant's current name, address, telephone

number, and the registrant's willingness to be identified to some or

all eligible relatives, identified by name or by relationship, who

also register. The registrant may also provide any previous name by

which the registrant was known, previous and current names, if

known, of specific eligible persons the registrant wishes to find,

the place and date of birth of the adopted minor or the minor whose

parent's rights have been terminated, and the name and address of

the adoption agency, intermediary, or other person, if any, who

placed the minor for adoption or took custody of the minor after the

minor's parent's rights were terminated. If the registrant is an

adult adopted person or an adult whose biological parent's rights

have been terminated, the affidavit shall also contain a statement

that the registrant does not have a minor biological sibling in the

Oklahoma Statutes - Title 10. Children Page 375

same family or in an adoptive or foster family or other placement

whose location is known to the registrant.

2. The form shall also indicate the registrant's desired method

of notification in the event a match occurs; however, the Department

shall not be required to utilize methods of notification that would

require it to incur unreasonable expense. The form shall also

indicate whether the registrant desires release of the registrant's

identifying information if a match occurs after the registrant's

death. No registration shall be accepted until the prospective

registrant submits satisfactory proof of the registrant's identity.

Registering persons may revise their consent with respect to change

of address, telephone number or method of notification. Any name

and accompanying information shall be removed from the list upon the

verified written request of the person who registered.

F. The administrator of the Mutual Consent Voluntary Registry

shall process each affidavit in an attempt to match the registrant

with any other eligible persons who have registered and consented to

have their identifying information released to the registrant. Such

processing may include, but not be limited to, research from agency

records, when available, and when agency records are not available,

from court records to determine conclusively whether registrants

match. When a match has occurred, the administrator shall notify

each registrant, by the registrant's designated method only, and

obtain the registrant's consent to an exchange of identifying

information before any identifying information is released. Nothing

in this section shall be construed to allow any state or local

governmental department, agency, institution, or contractor, or any

employee thereof, to solicit any consent for the release of

identifying information from someone who has not registered with the

registry.

G. Any affidavits filed and other information collected shall

be retained for twenty-two (22) years following the date of

registration.

H. Any person who discloses information from the registry in

violation of this act shall be guilty of a misdemeanor and shall be

fined up to Five Thousand Dollars ($5,000.00) or imprisoned for a

period of six (6) months or both.
Okla. Stat. tit. 10, § 10-7003-8.1 — OK Code / Title 10 / Section 10-7003-8.1
Renumbered as § 1-4-705 of Title 10A by Laws 2009, c
Status: in_force

233, § 247, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1430.1 — OK Code / Title 10 / Section 10-1430.1
Short title
Status: in_force

Sections 1430.1 through 1430.41 of this title shall be known and

may be cited as the "Group Homes for Persons with Developmental or

Physical Disabilities Act".
Okla. Stat. tit. 10, § 10-60.7a — OK Code / Title 10 / Section 10-60.7a
Renumbered as § 7505-1.3 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7303-1.3 — OK Code / Title 10 / Section 10-7303-1.3
Renumbered as § 2-2-104 of Title 10A by Laws 2009, c
Status: in_force

234, § 178, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-151 — OK Code / Title 10 / Section 10-151
Control vested in local boards of education
Status: in_force

The control of the education of all children in the State of

Oklahoma, now located in or in the control or custody of any

Orphanage, Charitable Institution or Organization, or hereafter

located in, or placed under the control or in the custody of any

such Orphanage, Charitable Institution or Organization, of

whatsoever nature, not making provision for the education of the

children under its care or control, from funds derived privately and

not derived from public taxation, is hereby vested in the local

board of education of the school district wherein such Orphanage,

Charitable Institution or Organization is located. The provisions

of this Act shall not apply to any institution in control of the

State.
Okla. Stat. tit. 10A, § 10A-2-7-617 — OK Code / Title 10A / Section 10A-2-7-617
Certification for secure detention center - Criminal
Status: in_force

history records search

A. Prior to the issuing by the Office of Juvenile Affairs a

certification to any person or entity for a secure detention center,

municipal juvenile facility, community intervention center or secure

facility, such persons or entities shall have a national criminal

history records search conducted pursuant to paragraph 12 of

subsection A of Section 404.1 of Title 10 of the Oklahoma Statutes.

Such persons or entities shall include any:

1. Operators and responsible entities;

2. Individual employee or applicant; or

3. Employee or individual allowed unsupervised access to

children, including contract employees and volunteers.

B. The Oklahoma State Bureau of Investigation may charge a

search fee as provided in Section 150.9 of Title 74 of the Oklahoma

Statutes. The fee shall be deposited in the OSBI Revolving Fund.

The fee shall be paid for by the persons or entities identified in

subsection A of this section.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 444

C. The Office of Juvenile Affairs and the Oklahoma State Bureau

of Investigation are authorized to enter into an agreement pursuant

to the Interlocal Cooperation Act, Section 1001 et seq. of Title 74

of the Oklahoma Statutes, to implement the provisions of this

section, including the transfer of funds to offset the cost

associated with national criminal history records searches.

D. The Board of Juvenile Affairs may promulgate rules to

implement the provisions of this act.
Okla. Stat. tit. 10, § 10-7220 — OK Code / Title 10 / Section 10-7220
Renumbered as § 1-9-121 of Title 10A by Laws 2009, c
Status: in_force

233, § 313, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-4-704 — OK Code / Title 10A / Section 10A-1-4-704
Individualized service plan
Status: in_force

A. The Department of Human Services or a licensed child-placing

agency shall prepare and maintain a written individualized service

plan for any child that has been adjudicated to be a deprived child.

B. The plan shall be furnished to the court within thirty (30)

days after the adjudication of the child and shall be made available

to counsel for the parties and any applicable tribe by the

Department or the licensed child-placing agency having custody of

the child or responsibility for the supervision of the case.

C. 1. The individualized service plan shall be based upon a

comprehensive assessment and evaluation of the child and family and

shall be developed with the participation of the parent, legal

guardian, or legal custodian of the child, the attorney for the

child, the guardian ad litem for the child, if any, the child’s

tribe, and the child, if appropriate. The health and safety of the

child shall be the paramount concern in the development of the plan.

2. If any part of the plan is disputed or not approved by the

court, an evidentiary hearing may be held and at its conclusion, the

court shall determine the content of the individualized service plan

in accord with the evidence presented and the best interests of the

child.

3. When approved by the court, each individualized service plan

shall be incorporated and made a part of the dispositional order of

the court.

4. The plan shall be signed by:

a. the parent or parents or legal guardian of the child,

b. the attorney for the parent or parents or legal

guardian of the child,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 111

c. the child’s attorney,

d. the guardian ad litem of the child, which may be a

court-appointed special advocate,

e. a representative of the child’s tribe,

f. the child, if possible, and

g. the Department or other responsible agency.

D. 1. Every service plan prepared shall be individualized and

specific to each child and the family of the child and shall require

consideration of each child’s and family’s circumstances, including,

but not limited to, the parents’ work schedule, mode of

transportation, and distance from their place of living and place of

work to service providers.

2. The individualized service plan shall be written in simple

and clear English. If English is not the principal language of the

parent, legal guardian, or custodian of the child, and such person

is unable to read or comprehend the English language, to the extent

possible the plan shall be written in the principal language of the

person.

3. The individualized service plan may be modified based on

changing circumstances consistent with the correction of the

conditions that led to the adjudication of the child or other

conditions inconsistent with the health, safety, or welfare of the

child.

4. The individualized service plan shall be measurable,

realistic and consistent with the requirements of other court

orders.

E. The individualized service plan shall include, but not be

limited to:

1. A history of the child and family, including identification

of the problems or conditions leading to the deprived child

adjudication and the changes the parent or parents must make in

order for the child to safely remain in or return to the home;

2. Identification of time-limited reunification services to be

provided to the parent, legal guardian, or legal custodian,

stepparent, other adult person living in the home, or other family

members. Provided, however, that such reunification services shall

be part of any individualized service plan for the period of fifteen

(15) months that begins on the date the child entered foster care.

If a parent has not corrected the circumstances which led the child

to be adjudicated to be a deprived child after such period of

fifteen (15) months and if the court makes a finding pursuant to

paragraph 16 of subsection B of Section 1-4-904 of this title, then

a petition or motion for termination of parental rights shall be

filed by the district attorney pursuant to Section 1-4-902 of this

title;

3. Identification of the specific services to be provided to

the child including, but not limited to, educational, vocational

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 112

educational, medical, drug or alcohol abuse treatment, or counseling

or other treatment services. The most recent available health and

educational records of the child shall be provided to the court upon

the court’s request including:

a. the names and addresses of the child’s health and

educational providers,

b. the child’s grade-level performance,

c. the child’s school record,

d. a record of the child’s immunizations,

e. the child’s known medical problems, including any

known communicable diseases,

f. the child’s medications, and

g. any other relevant health and education information;

4. A schedule of the frequency of services and the means by

which delivery of the services will be assured or, as necessary, the

proposed means by which support services or other assistance will be

provided to enable the parent or the child to obtain the services;

5. The name of the social worker assigned to the case;

6. A projected date for the completion of the individualized

service plan;

7. Performance criteria that will measure the progress of the

child and family toward completion of the individualized service

plan including, but not limited to, time frames for achieving

objectives and addressing the identified problems;

8. The name and business address of the attorney representing

the child;

9. If the child is placed outside the home, the individualized

service plan shall further provide:

a. the sequence and time frame for services to be

provided to the parent, the child, and if the child is

placed in foster care, the foster parent, to

facilitate the child’s return home or to another

permanent placement,

b. a description of the child’s placement and explanation

about whether it is the least-restrictive placement

available and in as close proximity as possible to the

home of the parent or parents or legal guardian of the

child when the case plan is reunification, and how the

placement is consistent with the best interests and

special needs of the child,

c. a description of any services or resources that were

requested by the child or the parent or legal guardian

of the child since the date of the child’s placement,

and whether those services or resources were provided

and if not, the basis for the denial of the services

or resources,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 113

d. efforts to be made by the parent of the child and the

Department to enable the child to return to his or her

home,

e. a description of the transition planning for a

successful adulthood for a child fourteen (14) years

of age or older that includes how the following

objectives will be met:

(1) education, vocational, or employment planning,

(2) health care planning and medical coverage,

(3) transportation including, where appropriate,

assisting the child in obtaining a driver

license,

(4) money management,

(5) planning for housing,

(6) social and recreational skills, and

(7) establishing and maintaining connections with the

child’s family and community,

f. for a child in placement due solely or in part to the

child’s behavioral health or medical health issues,

diagnostic and assessment information, specific

services relating to meeting the applicable behavioral

health and medical care needs of the child, and

desired treatment outcomes,

g. a plan and schedule for regular and frequent

visitation for the child and the child’s parent or

parents or legal guardian and siblings, unless the

court has determined that visitation, even if

supervised, would be harmful to the child, and

h. a plan for ensuring the educational stability of the

child while in out-of-home placement, including:

(1) assurances that the placement of the child

considers the appropriateness of the current

educational setting and the proximity to the

school in which the child was enrolled at the

time of placement, and

(2) where appropriate, an assurance that the

Department has coordinated with appropriate local

educational agencies to ensure that the child

remains in the school in which the child was

enrolled at the time of placement, or

(3) if remaining in the school in which the child was

enrolled at the time of placement is not in the

best interests of the child, assurances by the

Department and the local educational agencies to

provide immediate and appropriate enrollment in a

new school with all of the educational records of

the child provided to the school; and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 114

10. The permanency plan for the child, the reason for selection

of that plan and a description of the steps being taken by the

Department to finalize the plan.

a. When the permanency plan is adoption or legal

guardianship, the Department shall describe, at a

minimum, child-specific recruitment efforts such as

relative searches conducted and the use of state,

regional, and national adoption exchanges to

facilitate the orderly and timely placement of the

child, whether in or outside of the state.

b. When the child is fourteen (14) years of age or older,

the permanency plan and any revision or addition to

the plan shall include planning for the transition of

the child to a successful adulthood.

F. Each individualized service plan shall specifically provide

for the safety of the child, in accordance with state and federal

law, and clearly define what actions or precautions will, or may, be

necessary to provide for the safety and protection of the child.

G. The individualized service plan shall include the following

statement:

TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. ITS PURPOSE

IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE HOME WITHIN THE

REASONABLE PERIOD SPECIFIED IN THE PLAN. IF YOU ARE UNWILLING OR

UNABLE TO PROVIDE YOUR CHILD WITH A SAFE HOME OR ATTEND COURT

HEARINGS, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE

RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU.

H. Whenever a child who is subject to the provisions of this

section is committed for inpatient behavioral health or substance

abuse treatment pursuant to the Inpatient Mental Health and

Substance Abuse Treatment of Minors Act, the individualized service

plan shall be amended as necessary and appropriate, including, but

not limited to, identification of the treatment and services to be

provided to the child and the child’s family upon discharge of the

child from inpatient behavioral health or substance abuse treatment.

I. Prior to adjudication, a parent or legal guardian may

voluntarily participate in services related to the behaviors and

conditions that led to the filing of a deprived petition.

Participation in such services shall not be construed as an

admission that the child is deprived and shall not be used as

evidence for the purpose of adjudication or disposition.
Okla. Stat. tit. 10, § 10-1415 — OK Code / Title 10 / Section 10-1415
Placement in institution for individuals with
Status: in_force

intellectual disability not to abrogate parental rights - Guardians

- Assessment of competency.

A. The voluntary placement of a child in an institution for

individuals with intellectual disabilities by the child's parents

shall not, by itself, abrogate the rights and authority of the

parents.

B. 1. Except as otherwise provided in this paragraph, no later

than January 1, 1988, all residents of the institutions specified in

Section 1406 of this title and all residents of other residential

facilities for individuals with intellectual disabilities operated

by the Department of Human Services who are eighteen (18) years of

age or older shall have a guardian appointed by a court. A guardian

shall not be required for a resident of the institution eighteen

(18) years of age or older for whom a guardian is not recommended as

provided in subsection C of this section or who has not been found

to be incompetent or incapacitated by the court.

2. The guardian shall be the parent of the resident or a

relative or other adult person appointed by a court to be the

guardian of the resident or former resident. A parent whose

parental rights have not been terminated by a court, and who is

otherwise qualified to serve as guardian, shall have first priority

for appointment as guardian. If a parent is not available or

willing to serve, a relative who is otherwise qualified to serve as

guardian shall have next priority for appointment as guardian.

Oklahoma Statutes - Title 10. Children Page 219

3. The guardian shall not be the superintendent or other

employee of the institution or residential facility in which the

person resides or an employee of the Department of Human Services,

except where the superintendent or employee is also the parent or

relative of the resident or former resident. A superintendent may

serve as guardian ad litem as provided in subsection D of this

section.

C. 1. An assessment of the competency of a resident of an

institution or residential facility for individuals with

intellectual disabilities operated by the Department shall be

completed within six (6) months:

a. prior to the eighteenth birthday of the resident,

b. after institutionalization if the resident is an adult

at the time of institutionalization, or

c. after June 30, 1987, if the resident is an adult who

was institutionalized prior to June 30, 1987, and for

whom no competency assessment has been performed or no

guardian appointed.

2. The assessment shall be made by a panel composed of the

resident's social worker, the attending physician of the resident,

and a licensed psychiatrist or licensed psychologist with training

and experience in the area of intellectual and developmental

disabilities. The panel shall make a recommendation to the

superintendent as to whether or not the condition of the resident is

such that appointment of a guardian is warranted. Upon the finding

by the panel that appointment of a guardian is warranted, the

superintendent shall initiate guardianship proceedings.

D. If the parents or other relative of the resident are unable

to serve as guardian or cannot be located, the Department may in a

guardianship proceeding request the court to appoint a guardian ad

litem until such time as a guardian is appointed by a court. If the

court is satisfied, after inquiry into the matter, that a parent or

other relative qualified and willing to serve as guardian cannot

with due diligence be located, the court may appoint a guardian ad

litem.

1. The court may appoint as guardian ad litem:

a. a qualified relative or other adult person, or

b. a public guardian if available, or

c. the superintendent of the facility in which the

resident resides.

In all cases, a qualified relative or other qualified adult

shall have priority over the Department of Human Services for

appointment as a guardian.

2. The appointment of a guardian ad litem shall be as guardian

ad litem of the person only of the resident, and the court shall set

forth in its appointment order the specific powers and duties of the

Oklahoma Statutes - Title 10. Children Page 220

guardian ad litem. The guardian ad litem shall not change the place

of residence of the resident unless authorized by the court.

3. The guardian ad litem may serve without bond.

E. The Department of Human Services may provide assistance to

residents and former residents of the institutions named in Section

1406 of this title as necessary to assure compliance with the

requirements of subsection B of this section, including filing a

petition to have a guardian of the person appointed for the

resident.

F. The superintendent of the institution shall have the custody

of any resident during the time the resident remains in the

institution and shall be responsible for the care, treatment, and

education of the resident during the time the resident remains in

the institution.
Okla. Stat. tit. 10, § 10-1110 — OK Code / Title 10 / Section 10-1110
Renumbered as § 7003-3.8 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-2-502 — OK Code / Title 10A / Section 10A-2-2-502
Recommendation for disposition - Probation - Risk and
Status: in_force

needs assessment tools.

A. Within thirty (30) days after adjudication, the person,

department or agency responsible for the supervision of the case

shall provide a recommendation, based upon the comprehensive

assessment and evaluation process, for disposition to the court and

counsel. The recommendation shall include, but not be limited to,

the child's eligibility for probation, placement in community

residential treatment, or commitment with the Office of Juvenile

Affairs.

B. If the recommendation is for probation, an individual

treatment and service plan shall be provided to the court and

counsel for the parties at the same time as the recommendation

provided for in subsection A of this section. If the recommendation

is for custody with the Office of Juvenile Affairs or is court-

ordered placement in other residential treatment, the individual

treatment and service plan shall be provided to the court and

counsel for the parties within thirty (30) days after disposition.

The plan shall be prepared by the person, department or agency

responsible for the supervision of the case or by the legal

custodian if the child has been removed from the custody of his or

her lawful parent or parents. The treatment and service plan shall

be based on a comprehensive assessment and evaluation of the child

and family that identifies the priority needs of the child for

rehabilitation and treatment and identifies any needs of the parent

or legal guardian of the child for services that would improve their

ability to provide adequate support, guidance, and supervision of

the child. This process should take into account the detention risk

assessment decision, the intake preliminary assessment, any

comprehensive assessment for substance abuse treatment services,

behavioral health services, intellectual disabilities, literary

services, and other educational and treatment services as

components. The completed assessment process shall result in an

individual treatment and service plan which shall include, but not

be limited to:

1. A history of the child and family, including identification

of the problems leading to the adjudication;

2. The eligibility of the child for disposition of probation,

placement in community residential treatment, commitment with the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 307

Office of Juvenile Affairs and, if appropriate, assignment of a

residential commitment level;

3. Identification of the specific services available to the

child to remediate or alleviate the conditions that led to the

adjudication, including but not limited to educational, vocational-

educational, medical, drug or alcohol abuse treatment or counseling

or other treatment services;

4. Identification of the services to be provided to the parent,

legal guardian, legal custodian, stepparent, other adult person

living in the home or other family members, to remediate or

alleviate the conditions that led to the adjudication, including

services needed to assist the family to provide proper care and

supervision of the child;

5. Performance criteria that will measure the progress of the

child and family toward completion of the treatment and service

plan;

6. A projected date for the completion of the treatment and

service plan; and

7. The name and business address of the attorney representing

the child, if any.

C. The Office of Juvenile Affairs shall identify the

appropriate risk and needs assessment instruments used to develop

the recommendations of the individualized treatment and service

plan. The juvenile probation counselor shall be responsible for

making informed decisions and recommendations to other agencies, the

district attorney, and the courts so that the child and family of

the child may receive the least restrictive service alternative

throughout the court process.

D. The individual treatment and service plan shall be amended

as necessary and appropriate to reflect the disposition of the

court. The amended plan shall be filed with the court within thirty

(30) days of the order of disposition removing the child from the

home and shall state:

1. The reasons for such placement and a statement as to the

unavailability or inappropriateness of local placement, or other

good cause, for any placement more than fifty (50) miles from the

home of the child;

2. The services to be provided to the child while in such

placement and the projected date of discharge;

3. The services necessary to assist the child to reintegrate

with the family of the child or other community-based placement; and

4. If the child is age sixteen (16) or older, the services

necessary to make the transition from community placement to

independent living.

E. Whenever a child who is subject to the provisions of this

section is committed for inpatient mental health or substance abuse

treatment pursuant to the Inpatient Mental Health and Substance

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 308

Abuse Treatment of Minors Act, the individual treatment and service

plan shall be amended as necessary and appropriate, including but

not limited to identification of the treatment and services to be

provided to the child and his family upon discharge of the child

from inpatient mental health or substance abuse treatment.
Okla. Stat. tit. 10A, § 10A-1-4-204 — OK Code / Title 10A / Section 10A-1-4-204
Placement preferences
Status: in_force

A. 1. When awarding custody or determining the placement of a

child, a preference shall be given to relatives and persons who have

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 81

a kinship relationship with the child. The Department of Human

Services shall make diligent efforts to place the child with such

persons and shall report to the court the efforts made to secure

that placement. In cases where the Indian Child Welfare Act

applies, the placement preferences of the act shall be followed.

The Department shall verify applicability of the Indian Child

Welfare Act within three (3) months of the child being taken into

custody.

2. When two or more children are siblings, every reasonable

attempt shall be made to place the siblings in the same home, except

as provided in paragraph 3 of this subsection. In making a

permanent placement, siblings shall be placed in the same permanent

home or, if the siblings are separated, shall be allowed contact or

visitation with each other; provided, however, the best interests of

each sibling shall be the standard for determining the appropriate

custodian or placement as well as the contact and visitation with

the other siblings.

3. Siblings may be separated if the court and the Department

find that placement of siblings together would be contrary to the

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

a. one sibling has resided in a foster family home for

six (6) or more months and has established a

relationship with the foster family,

b. the siblings have never resided in the same home

together,

c. there is no established relationship between the

siblings, or

d. it is in the best interests of the child to remain in

the current foster family home placement.

B. In determining the appropriate custodian or placement for a

child pursuant to subsection A of this section, the court and the

Department shall consider, but not be limited to, the following

factors:

1. The ability of the person being considered to provide safety

for the child, including a willingness to cooperate with any

restrictions placed on contact between the child and others, and to

prevent others from influencing the child in regard to the

allegations of the case;

2. The ability of the person being considered to support the

efforts of the Department to implement the permanent plan for the

child;

3. The ability of the person being considered to meet the

child's physical, emotional, and educational needs, including the

child's need to continue in the same school or educational

placement;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 82

4. The person who has the closest existing personal

relationship with the child if more than one person requests

placement of the child pursuant to this section;

5. The ability of the person being considered to provide a

placement for the child's sibling who is also in need of placement

or continuation in substitute care;

6. The wishes of the parent, the relative, and the child, if

appropriate;

7. The ability of the person being considered to care for the

child as long as is necessary and to provide a permanent home if

necessary; and

8. The best interests of the child.

C. 1. The Department of Human Services shall consider

placement with a relative without delay and shall identify relatives

of the child and notify them of the need for temporary placement and

the possibility of the need for a permanent out-of-home placement of

the child. The relative search shall be reasonable and

comprehensive in scope and may continue until a fit and willing

relative is identified; however, a nationwide relative search shall

be conducted by the Department within three (3) months of the child

being taken into custody.

2. The relatives shall be notified of the need to keep the

Department informed of their current address in order to receive

notice when a permanent out-of-home placement is being sought for

the child. A relative who fails to provide a current address may

forfeit the right to be considered for the child's permanent out-of-

home placement.

3. A decision by a relative to not participate in the child's

placement planning at the beginning of the case or to cooperate with

the Department to expedite procedures for placement of the child in

the child's home may affect whether that relative will be considered

for permanent placement of the child if the child cannot be safely

returned to the home of the child's parent or parents.

D. The Department, while assessing the relatives for the

possibility of placement, shall be authorized to disclose to the

relative, as appropriate, the fact that the child is in custody, the

alleged reasons for the custody, and the projected date for the

child's return home or other permanent placement as well as any

other confidential information deemed necessary and appropriate to

secure a suitable placement.

E. Following an initial placement with a relative, whenever a

new placement of the child is made, consideration for placement

shall again be given as described in this section to approved

relatives who will fulfill the reunification or permanent plan

requirements of the child. The Department shall consider whether

the relative has established and maintained a relationship with the

child.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 83

F. If the child is not placed with a relative who has been

considered for placement pursuant to this section, the Department

shall advise the court, in writing, the reasons why that relative

was denied and the written reasons shall be made a part of the court

record.

G. The provisions of this section shall apply to all custody or

placement proceedings which concern a child alleged or adjudicated

to be deprived including, but not limited to, guardianship and

adoption proceedings.
Okla. Stat. tit. 10, § 10-7700-103 — OK Code / Title 10 / Section 10-7700-103
Scope of act – Choice of law – Jurisdiction of
Status: in_force

district and administrative courts.

A. The Uniform Parentage Act applies to determination of

parentage in this state.

B. The court shall apply the law of this state to adjudicate

the parent-child relationship. The applicable law does not depend

on:

1. The place of birth of the child; or

2. The past or present residence of the child.

C. The Uniform Parentage Act does not create, enlarge, or

diminish parental rights or duties under other laws of this state.

D. The district or administrative courts are authorized to

adjudicate parentage under the Uniform Parentage Act.
Okla. Stat. tit. 10A, § 10A-2-7-703 — OK Code / Title 10A / Section 10A-2-7-703
Office of Juvenile Affairs - Delinquency prevention,
Status: in_force

early intervention programs - Eligibility criteria.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 448

A. From funds appropriated for the Delinquency and Youth Gang

Intervention and Prevention Act or otherwise available for that

purpose, the Office of Juvenile Affairs shall:

1. Issue requests for proposals or enter into agreements

pursuant to the Interlocal Cooperation Act and contract for

delinquency and gang intervention and prevention programs for

children and their family members who live in at-risk neighborhoods

and communities, as defined by Section 2-7-702 of this title;

2. Provide information and technical assistance to individuals

and entities receiving contracts pursuant to the Delinquency and

Youth Gang Intervention and Prevention Act, schools, neighborhood

and community organizations, and agencies within the children and

youth service system, as that term is defined in the Juvenile

Offender Tracking Program, for the purpose of assisting such

agencies in making application for federal, state and private grants

for delinquency and gang intervention and prevention programs; and

3. Coordinate efforts among the Office of Juvenile Affairs,

Department of Human Services, State Department of Education, State

Department of Health, Department of Mental Health and Substance

Abuse Services, Oklahoma Arts Council, Oklahoma Commission on

Children and Youth, the Oklahoma Health Care Authority, 4-H Clubs,

Oklahoma Cooperative Extension Service and other organizations

identified by the Office of Juvenile Affairs that provide services

to children and youth on the creation of an out-of-school resource

center subject to the availability of funds.

B. The Office of Juvenile Affairs, with the assistance of and

information provided by the Oklahoma Commission on Children and

Youth and the Oklahoma State Bureau of Investigation, shall

establish criteria and procedures for:

1. Identifying at-risk neighborhoods and communities, as

defined by Section 2-7-702 of this title, for the purposes of

determining eligibility for any grants for at-risk areas available

pursuant to the Delinquency and Youth Gang Intervention and

Prevention Act; and

2. Determining eligibility of individuals and other

organizations seeking other grants pursuant to the Delinquency and

Youth Gang Intervention and Prevention Act.

The Oklahoma Commission on Children and Youth and the Oklahoma

State Bureau of Investigation shall provide the Office of Juvenile

Affairs with information and assistance, as requested by the Office,

for the purpose of establishing the criteria required by this

section.
Okla. Stat. tit. 10A, § 10A-2-1-101 — OK Code / Title 10A / Section 10A-2-1-101
Short title
Status: in_force

A. Article 2 of Title 10A of the Oklahoma Statutes shall be

known and may be cited as the "Oklahoma Juvenile Code".

B. All statutes hereinafter enacted and codified in Article 2

of Title 10A of the Oklahoma Statutes shall be considered and deemed

part of the Oklahoma Juvenile Code.

C. Chapter captions are part of the Oklahoma Juvenile Code, but

shall not be deemed to govern, limit or in any manner affect the

scope, meaning or intent of the provisions of any article or part of

this Code.

D. The district attorney shall prepare and prosecute any case

or proceeding within the purview of the Oklahoma Juvenile Code.
Okla. Stat. tit. 10A, § 10A-1-10-103 — OK Code / Title 10A / Section 10A-1-10-103
Child Welfare Review Committee for the Death and
Status: in_force

Near Death of Children With Disabilities.

A. There is hereby created, to continue until December 31,

2018, the "Child Welfare Review Committee for the Death and Near

Death of Children With Disabilities". The purpose of the Committee

shall be to study cases of the death and near death of children with

disabilities who have previous child welfare involvement with or are

in the custody and care of the Department of Human Services.

B. All meetings and records of the Committee shall be

confidential and shall not be open to the general public or

inspected or their contents disclosed.

C. The Committee shall consist of ten (10) members as follows:

1. The Speaker of the House of Representatives, or designee;

2. The President Pro Tempore of the Senate, or designee;

3. The Minority Leader of the House of Representatives, or

designee;

4. The Minority Leader of the Senate, or designee;

5. The Attorney General, or designee;

6. The Director of the Department of Human Services, or

designee;

7. The Advocate General of the Department of Human Services;

8. The Superintendent of Public Instruction, or designee;

9. The Chief Justice of the Oklahoma Supreme Court, or

designee; and

10. A medical expert in children with disabilities, appointed

by the Governor.

D. Appointments to the Committee shall be made by September 1,

2016. Members of the Committee shall serve at the pleasure of the

appointing authority. A vacancy on the Committee shall be filled by

the appointing authority.

E. The Committee shall conduct an organizational meeting not

later than October 1, 2016. The Committee shall elect a chair and

cochair at the organizational meeting. A majority of the members

present at a meeting shall constitute a quorum to conduct business.

F. The Committee shall meet as often as necessary to review

cases, but at least quarterly. Members of the Committee shall

receive no compensation or travel reimbursement for their service.

G. Administrative support for the Committee including, but not

limited to, personnel necessary to ensure the proper performance of

the duties and responsibilities of the Committee shall be provided

by the staff of the Oklahoma Commission on Children and Youth and

the Department of Human Services.

H. The Committee shall issue a report of its findings to the

Legislature and Governor no later than December 1, 2018. Any

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 261

confidential or protected health information shall be redacted from

the report.
Okla. Stat. tit. 10A, § 10A-2-9-115 — OK Code / Title 10A / Section 10A-2-9-115
Appointing authority - Compact administrator
Status: in_force

A. The Governor shall be the appointing authority pursuant to

the Interstate Compact for Juveniles.

B. The Executive Director of the Office of Juvenile Affairs

shall serve as the Compact Administrator pursuant to the Interstate

Compact for Juveniles.
Okla. Stat. tit. 10, § 10-7308-1.2 — OK Code / Title 10 / Section 10-7308-1.2
Renumbered as § 2-8-102 of Title 10A by Laws 2009, c
Status: in_force

234, § 191, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1507.14 — OK Code / Title 10 / Section 10-1507.14
Renumbered as § 7302-7.5 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-1140 — OK Code / Title 10 / Section 10-1140
Renumbered as § 7003-7.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-1430.12 — OK Code / Title 10 / Section 10-1430.12
Fire safety inspections - Reports
Status: in_force

The State Fire Marshal or a designee shall conduct fire safety

inspections on a regular basis at group homes subject to the

provisions of the Group Homes for Persons with Developmental or

Physical Disabilities Act and report findings of such inspections to

the Department of Human Services. Providers of group home services

Oklahoma Statutes - Title 10. Children Page 244

and licensees shall make reports of the inspections available to

authorized staff of the Department of Human Services upon request.
Okla. Stat. tit. 10, § 10-1404.1 — OK Code / Title 10 / Section 10-1404.1
Renumbered as § 7302-8.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-601.10 — OK Code / Title 10 / Section 10-601.10
Oklahoma Commission on Children and Youth Revolving
Status: in_force

Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Commission on Children and Youth, to be designated

the "Oklahoma Commission on Children and Youth Revolving Fund". The

fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of all monies received by the

Oklahoma Commission on Children and Youth, from contracts with other

state agencies or institutions, and not excluding any other source

of revenue. All monies accruing to the credit of said fund are

hereby appropriated and may be budgeted and expended by the Director

of the Oklahoma Commission on Children and Youth for the purpose of

paying for operating expenses of the Oklahoma Commission on Children

and Youth. Expenditures from said fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

Oklahoma Statutes - Title 10. Children Page 152

law with the Director of the Office of Management and Enterprise

Services for approval and payment.
Okla. Stat. tit. 10, § 10-604 — OK Code / Title 10 / Section 10-604
Renumbered as § 7302-3.4 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-116b — OK Code / Title 10 / Section 10-116b
Duties of probation officer - Investigations
Status: in_force

It shall be the duty of the probation officer to perform any and

all duties required of him by the aforementioned judges of such

counties in the supervision, care, investigation, and rehabilitation

of persons whose sentences are suspended by the judges of the courts

of record of the county; and upon order of a district judge of such

county he shall investigate any matter pending before said judge and

report to him in the manner prescribed by said judge.
Okla. Stat. tit. 10, § 10-7302-5.1 — OK Code / Title 10 / Section 10-7302-5.1
Renumbered as § 2-7-501 of Title 10A by Laws 2009, c
Status: in_force

234, § 173, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-620.4 — OK Code / Title 10 / Section 10-620.4
Contents of rules and procedures
Status: in_force

A. The rules promulgated and the procedures and forms adopted

pursuant to this act shall include, but not be limited to:

1. Provision for the maintenance, transfer and release of

confidential information;

2. Compliance with all applicable state and federal laws and

regulations regarding the transfer and release of confidential

information;

3. If not otherwise specifically limited by law, authorization

for the transfer or release of confidential information only

pursuant to paragraph 5 of this subsection, a court order or an

informed consent for the transfer or release of said information

that has been executed by:

a. the parent or guardian of the child or other person

authorized by state or federal law to execute said

consent, if the subject of the confidential

information is a child, or

b. the individual who is the subject of said confidential

information or other person authorized by law to

execute said consent on his behalf, if the subject of

the confidential information is an adult;

Oklahoma Statutes - Title 10. Children Page 170

4. Establishment of a uniform informed consent form and uniform

procedures for obtaining informed consents, which shall include, but

not be limited to, information which shall be provided to a person

executing an informed consent prior to such execution;

5. Establishment of uniform procedures for authorizing access

to confidential information for the purpose of gathering statistical

information or conducting studies or research as otherwise

authorized by law;

6. Establishment of uniform charges, if any, for the costs of

copying and mailing records;

7. Provision for the maintenance of the confidentiality of

information by persons and agencies receiving confidential

information; and

8. Compliance with the provisions of the Administrative

Procedures Act.

B. The uniform rules may include special rules for particular

programs which are subject to federal rules.
Okla. Stat. tit. 10, § 10-7003-6.4 — OK Code / Title 10 / Section 10-7003-6.4
Renumbered as § 1-5-103 of Title 10A by Laws 2009, c
Status: in_force

233, § 268, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-700 — OK Code / Title 10 / Section 10-700
Delegation of powers regarding child care and custody
Status: in_force

A. A parent or legal custodian of a child, by a properly

executed power of attorney provided in Section 2 of this act, may

delegate to another person, for a period not to exceed one (1) year,

any of the powers regarding the care and custody of the child,

except the power to consent to marriage or adoption of the child,

the performance or inducement of an abortion on or for the child, or

the termination of parental rights to the child. A delegation of

powers under this section shall not deprive the parent or legal

custodian of any parental or legal authority regarding the care and

custody of the child.

B. The parent or legal custodian of the child shall have the

authority to revoke or withdraw the power of attorney authorized by

subsection A of this section at any time. If the delegation of

authority lasts longer than one (1) year, the parent or legal

custodian of the child shall execute a new power of attorney for

each additional year that the delegation exists.

C. The attorney-in-fact shall exercise parental or legal

authority on a continuous basis for not less than twenty-four (24)

hours and without compensation for the intended duration of the

power of attorney authorized by subsection A of this section and

Oklahoma Statutes - Title 10. Children Page 177

shall not be subject to the requirements of the Oklahoma Child Care

Facilities Licensing Act.

D. Except as provided by Section 1-4-904 of Title 10A of the

Oklahoma Statutes, a parent or legal custodian who executes a power

of attorney authorized by subsection A of this section shall not

constitute abandonment, abuse or neglect as defined in Section 1-1-

105 of Title 10A of the Oklahoma Statutes unless the parent or legal

custodian fails to make contact or execute a new power of attorney

after the one-year time limit has elapsed.

E. Under a delegation of powers as authorized by subsection A

of this section, the child or children subject to the power of

attorney shall not be considered placed in foster care as defined in

Section 1-1-105 of Title 10A of the Oklahoma Statutes and the

parties shall not be subject to any of the requirements or licensing

regulations for foster care.
Okla. Stat. tit. 10, § 10-1415.1 — OK Code / Title 10 / Section 10-1415.1
Clinical records - Ombudsman program - Periodic
Status: in_force

evaluation - Residential placement - Reports of psychotropic

medications.

A. 1. All institutions named in Section 1406 of this title

within the Department of Human Services, which are established

primarily for the purpose of caring for individuals with

intellectual disabilities, shall maintain an adequate clinical

record of each resident. Such record shall contain initial social,

psychological, and medical evaluation results, as well as interval

reports of the resident's condition, the treatment and training

prescribed, and the progress shown.

2. The Director of Human Services shall establish an ombudsman

program for each of the institutions and residential facilities for

individuals with intellectual disabilities operated by the

Department, which shall include, but not be limited to, an appeals

procedure for the resolution of grievances or complaints of the

residents of the institutions and facilities and the grievances or

complaints of the parents or the court-appointed guardians of the

residents.

B. The educational and physical capabilities of each resident

shall be assessed at least one time each year by appropriate

professional personnel for the purpose of determining such further

treatment or training as may be required. A report of the findings

and recommendations of such assessments shall be filed in the

clinical record of the resident. Failure on the part of the

superintendent of the institution to institute a policy of annual

Oklahoma Statutes - Title 10. Children Page 221

evaluations, if sufficient personnel are available, shall constitute

dereliction of duty.

C. When annual evaluations of a resident reflect improvement in

social or physical capabilities sufficient enough to permit the

resident to be released from the institution, either completely or

conditionally, the superintendent shall return such resident to the

resident's immediate family, or shall provide assistance for the

placement of the resident in some other appropriate residential

setting.

D. 1. The Department of Human Services may enter into

contracts for the development of residential settings and attendant

community services prior to the release of the resident.

2. The Department shall establish procedures which specify the

conditions and requirements for recipients of such contracts. In

establishing reimbursement rates for recipients of such contracts,

the Department may take into consideration any unusual or increased

costs of the recipient relating to the care and treatment of clients

with developmental disabilities including, but not limited to,

workers' compensation costs.

3. A copy of these procedures shall be made available to any

person upon request.

E. 1. In addition to any other form of assistance provided,

the Department is authorized to pay stipends to eligible relatives

and certified volunteers for the sole purpose of acquiring legal

representation to initiate guardianship proceedings.

2. Financial guidelines and other criteria pertaining to

eligibility of relatives and certified volunteers applying for a

stipend shall be established by rules promulgated by the Director.

F. Reports of the reviews of the administration of psychotropic

medications shall be made available to the parent or the court-

appointed guardian of a resident of the institutions. The parent or

the court-appointed guardian of a resident of the institution shall

have access to all clinical records pertaining to the condition,

treatment, training, and education of the resident which are

maintained at the institution, or elsewhere, by the Department of

Human Services.
Okla. Stat. tit. 10A, § 10A-1-2-106 — OK Code / Title 10A / Section 10A-1-2-106
Notice to person being investigated
Status: in_force

At the initial time of contact with a person responsible for the

health, safety, or welfare of a child who is the subject of an

investigation pursuant to the Oklahoma Children’s Code, the

Department of Human Services shall advise the person of the specific

complaint or allegation made against the person. If the Department

is unable to locate the person, as soon as possible after initiating

the investigation of the person, the Department shall provide to the

person a brief and easily understood written description of the

investigation process. Notice shall include:

1. A statement that the investigation is being undertaken by

the Department pursuant to the requirements of the Oklahoma

Children’s Code in response to a report of child abuse or neglect;

2. A statement that the identity of the person who reported the

incident of abuse is confidential and may not even be known to the

Department since the report could have been made anonymously;

3. A statement that the investigation is required by law to be

conducted in order to enable the Department to identify incidents of

abuse or neglect in order to provide protective or preventive social

services to families who are in need of such services;

4. A statement that, upon completion of the investigation, a

letter will be sent from the Department which will inform the

person:

a. that the Department has found insufficient evidence of

abuse or neglect, or

b. that there appears to be probable cause to suspect the

existence of child abuse or neglect in the judgment of

the Department;

5. An explanation of the procedures of the Department for

conducting an investigation of alleged child abuse or neglect,

including:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 61

a. a description of the circumstances under which the

Department would seek to remove the child from the

home through the judicial system, and

b. an explanation that the law requires the Department to

refer all reports of child abuse or neglect to a law

enforcement agency for a separate determination of

whether a criminal violation occurred;

6. The procedures to follow if there is a complaint regarding

the actions of the Department or to request a review of the findings

made by the Department during or at the conclusion of the

investigation;

7. The right of the person to review records filed with the

court in the event an action is filed;

8. The right of the person to seek legal counsel;

9. References to the statutory and regulatory provisions

governing child abuse and neglect and how the person may obtain

copies of those provisions;

10. The process the person may use to acquire visitation with

the child if the child is removed from the home; and

11. A statement that a failure to appear for court proceedings

may result in the termination of the person’s parental rights to the

child.
Okla. Stat. tit. 10, § 10-7003-5.4a — OK Code / Title 10 / Section 10-7003-5.4a
Renumbered as § 1-4-804 of Title 10A by Laws 2009,
Status: in_force

c. 233, § 250, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 10. Children Page 275
Okla. Stat. tit. 10A, § 10A-1-2-102v1 — OK Code / Title 10A / Section 10A-1-2-102v1
Department of Human Services – Required actions for
Status: in_force

reports of child abuse.

A. 1. Upon receipt of a report that a child may be abused,

neglected or drug-endangered, the Department of Human Services shall

conduct a safety analysis.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 50

2. The Department may employ or contract with active or retired

social work, medical and law enforcement professionals who shall be

strategically placed throughout the state to:

a. provide investigation support and to assist

caseworkers with assessment decisions and intervention

activities,

b. serve as consultants to caseworkers in all aspects of

their duties, and

c. designate persons who shall act as liaisons within the

Department whose primary functions are to develop

relationships with local law enforcement agencies and

courts.

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

investigation and findings to any district attorney's office which

may have jurisdiction to file a petition pursuant to Section 1-4-101

of this title.

4. If the child is a member of an active duty military family,

the Department shall notify the designated federal authorities at

the federal military installation where the active duty service

member is assigned that the Department has received a report that

such child may be abused, neglected or drug-endangered.

5. Whenever the Department determines there is a child that

meets the definition of a "drug-endangered child", as defined in

Section 1-1-105 of this title, or a child has been diagnosed with

fetal alcohol syndrome, the Department shall conduct an

investigation of the allegations and shall not limit the evaluation

of the circumstances to an assessment.

B. 1. If, upon receipt of a report alleging abuse or neglect

or during the assessment or investigation, the Department determines

that:

a. the alleged perpetrator is someone other than a person

responsible for the child's health, safety, or

welfare, and

b. the alleged abuse or neglect of the child does not

appear to be attributable to failure on the part of a

person responsible for the child's health, safety, or

welfare to provide protection for the child,

the Department shall immediately make a referral, either verbally or

in writing, to the appropriate local law enforcement agency for the

purpose of conducting a possible criminal investigation.

2. After making the referral to the law enforcement agency, the

Department shall not be responsible for further investigation

unless:

a. the Department has reason to believe the alleged

perpetrator is a parent of another child, not the

subject of the criminal investigation, or is otherwise

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 51

a person responsible for the health, safety, or

welfare of another child,

b. notice is received from a law enforcement agency that

it has determined the alleged perpetrator is a parent

of or a person responsible for the health, safety, or

welfare of another child not the subject of the

criminal investigation, or

c. the appropriate law enforcement agency requests the

Department to assist in the investigation. If funds

and personnel are available, as determined by the

Director of the Department or a designee, the

Department may assist law enforcement in interviewing

children alleged to be victims of physical or sexual

abuse.

3. If, upon receipt of a report alleging abuse or neglect or

during the assessment or investigation, the Department determines

that the alleged abuse or neglect of the child involves:

a. a child in the custody of the Office of Juvenile

Affairs, and

b. at the time of the alleged abuse or neglect, such

child was placed in a secure facility operated by the

Office of Juvenile Affairs, as defined by Section 2-1-

103 of this title,

the Department shall immediately make a referral, either verbally or

in writing, to the appropriate law enforcement agency for the

purpose of conducting a possible criminal investigation. After

making the referral to the law enforcement agency, the Department

shall not be responsible for further investigation.

C. 1. Any law enforcement agency receiving a referral as

provided in this section shall provide the Department with a copy of

the report of any investigation resulting from a referral from the

Department.

2. Whenever, in the course of any criminal investigation, a law

enforcement agency determines that there is cause to believe that a

child, other than a child in the custody of the Office of Juvenile

Affairs and placed in an Office of Juvenile Affairs secure juvenile

facility, may be abused or neglected by reason of the acts,

omissions, or failures on the part of a person responsible for the

health, safety, or welfare of the child, the law enforcement agency

shall immediately contact the Department for the purpose of an

investigation.

D. If, upon receipt of a report alleging abuse or neglect, the

Department determines that the family has been the subject of a

deprived petition, the Department shall conduct a thorough

investigation of the allegations and shall not limit the evaluation

of the circumstances to an assessment. In addition, if the family

has been the subject of three (3) or more referrals, the Department

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 52

shall conduct a thorough investigation of the allegations and shall

not limit the evaluation of the circumstances to an assessment.
Okla. Stat. tit. 10, § 10-7507-1.1 — OK Code / Title 10 / Section 10-7507-1.1
Adult adoptions
Status: in_force

An adult person may be adopted by any other adult person, with the

consent of the person to be adopted or his guardian, if the court

shall approve, and with the consent of the spouse, if any, of an

adoptive parent, filed in writing with the court. The provisions of

Sections 9 through 36 of this act shall not apply to the adoption of

a competent adult person. A petition therefor shall be filed with

the district court in the county where the adoptive parents reside.

After a hearing on the petition and after such investigation as the

court deems advisable, if the court finds that it is to the best

interests of the people involved, a decree of adoption may be

Oklahoma Statutes - Title 10. Children Page 373

entered which shall have the legal consequences stated in Section 37

of this act.
Okla. Stat. tit. 10, § 10-1411 — OK Code / Title 10 / Section 10-1411
Rules and regulations - Repair of buildings - Federal
Status: in_force

funds - Superintendents and other personnel - Expenditure of funds.

Oklahoma Statutes - Title 10. Children Page 211

(a) The Director of Human Services is authorized and directed

to promulgate and adopt all rules and regulations necessary to carry

out the provisions of Section 1406 et seq. of this title.

(b) The Director shall establish and maintain such methods of

administration (including methods relating to the establishment and

maintenance of personnel standards on a merit basis) as are

necessary for the proper and efficient administration of the

programs and institutions named in Section 1406 of this title; shall

maintain records and prepare reports; shall prescribe a uniform

accounting system; and shall exercise any other powers necessary to

carry out the provisions of Section 1406 et seq. of this title.

(c) The Director may provide for the repair, alterations, or

remodeling of any existing building at the above-named institutions,

or at any other institution under its jurisdiction, necessary for

the proper and efficient administration and to conserve the

properties and the state's investment in such properties. Funds

available for operating expenses and revolving funds of institutions

under the control of the Department may be used for such purposes,

and may also be expended for land and other capital outlay, whenever

the Department finds the same is needed for the proper discharge of

its responsibilities. Any county may convey to the State of

Oklahoma, for the use of any such institution, land owned but not

needed by the county; and such conveyance may be made without

consideration, appraisal, advertisement for bids, or offer to the

highest bidder, if the board of county commissioners determines that

the same will not be to the detriment of the county.

(d) The Department is authorized to receive grants of federal

funds for the purpose of combating or preventing intellectual

disabilities, including but not limited to funds for the treatment,

care, rehabilitation, or training of individuals with intellectual

disabilities, or for the establishment or expansion of any programs

or facilities or research projects relating to individuals with

intellectual disabilities, or for construction of research centers

and facilities for individuals with intellectual disabilities, and

is authorized to cooperate in any reasonable manner with the federal

agency or agencies granting such federal funds for such purposes,

including compliance with any conditions prescribed by federal

authorities for the granting of such funds. The Department may

serve as the sole designated state agency for receiving, disbursing,

or administering federal funds for any of the aforesaid purposes,

provided federal law requires such an agency and the Department is

eligible to be such an agency under federal law. Provided, however,

that this section shall not prevent any other agency from receiving,

disbursing, or administering federal grants for any of the aforesaid

purposes, if authorized or required by federal law.

(e) The Department shall establish the duties and fix the

compensation of the superintendent and other personnel needed at

Oklahoma Statutes - Title 10. Children Page 212

each of the institutions referred to in Section 1406 of this title.

Appointments to all such positions shall be made by the Director.

(f) The Director shall have authority to provide for the

expenditure of all funds for the administration and operations of

the institutions specified in Section 1406 of this title and for a

compliance with the provisions of Section 1406 et seq. of this

title.Oklahoma Statutes - Title 10. Children Page 10
Okla. Stat. tit. 10, § 10-7302-9.4 — OK Code / Title 10 / Section 10-7302-9.4
Renumbered as § 2-7-904 of Title 10A by Laws 2009, c
Status: in_force

234, § 177, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-133 — OK Code / Title 10 / Section 10-133
Board of general supervision - Appointments - Salaries and
Status: in_force

removal of appointees.

The judge of the juvenile court, or children's court, or a judge

of the district court, if there be no judge of the juvenile court or

children's court, and the chairman of the board of county

commissioners and a superintendent of a school district located in

whole or in part in the county shall constitute a board of general

supervision for such schools and homes. If there is more than one

school district located in whole or in part in the county the

superintendents of each school district shall rotate membership on

the board on an annual basis in a manner to be determined by the

judge of the district court. They shall appoint a superintendent,

matrons, teachers and such other persons as may, in their judgment,

be necessary for the management of such schools and homes, and for

instruction therein, and shall fix the salaries of such appointees,

which salaries shall be paid monthly out of the funds derived from

the tax levy provided for in this act. The said board shall also

have power to remove any appointee at will.
Okla. Stat. tit. 10, § 10-555 — OK Code / Title 10 / Section 10-555
Rights, obligations and interest of oocyte donor
Status: in_force

respecting child and child respecting donor.

An oocyte donor shall have no right, obligation or interest with

respect to a child born as a result of a heterologous oocyte

donation from such donor. A child born as a result of a

heterologous oocyte donation shall have no right, obligation or

interest with respect to the person who donated the oocyte which

resulted in the birth of the child.
Okla. Stat. tit. 10A, § 10A-2-8-110 — OK Code / Title 10A / Section 10A-2-8-110
Disclosure of information - Immunity from liability
Status: in_force

A. No person or governmental entity, other than those

specifically charged in this act with a duty to collect information

regarding registered sex offenders, has a duty to inquire,

investigate or disclose any information regarding registered sex

offenders.

B. No person or governmental entity, other than those

specifically charged in this act with an affirmative duty to provide

public access to information regarding registered sex offenders,

shall be held liable for any failure to disclose any information

regarding registered sex offenders to any other person or entity.

C. Every person or governmental entity who, acting without

malice or criminal intent, obtains or disseminates information under

this act shall be immune from civil liability for any damages

claimed as a result of such disclosures made or received.
Okla. Stat. tit. 10, § 10-1116 — OK Code / Title 10 / Section 10-1116
Renumbered as § 7003-5.5 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7003-8.5 — OK Code / Title 10 / Section 10-7003-8.5
Renumbered as § 1-4-207 of Title 10A by Laws 2009, c
Status: in_force

233, § 228, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-2-102 — OK Code / Title 10A / Section 10A-2-2-102
Personal jurisdiction
Status: in_force

A. 1. Upon the filing of a petition alleging the child to be

in need of supervision, or upon the assumption of custody pursuant

to Section 2-2-101 of this title, the district court of the county

shall have jurisdiction where a child:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 275

a. resides,

b. is found, or

c. is alleged to be or is found to be in need of

supervision.

2. The court shall have jurisdiction over any parent, legal

custodian, legal guardian, stepparent of the child, or any adult

person living in the home of the child regardless of where the

parent, legal custodian, legal guardian, stepparent, or adult person

living in the home of the child is found and who appears in court or

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

of this title.

3. When jurisdiction has been obtained over a child who is or

is alleged to be in need of supervision, such may be retained until

the child becomes eighteen (18) years of age.

4. For the convenience of the parties and in the interest of

justice, a proceeding under the Oklahoma Juvenile Code, Article 2 of

this title, may be transferred to the district court in any other

county. However, prior to transferring a case to a different

county, the court shall contact the judge in the other county to

confirm that the judge will accept the transfer.

B. 1. Upon the filing of a petition alleging the child to be

delinquent or upon the assumption of custody pursuant to Section 2-

2-101 of this title, the district court of the county where the

delinquent act occurred shall have jurisdiction of the child and

over any parent, legal custodian, legal guardian, stepparent of the

child or any adult person living in the home of the child regardless

of where the parent, legal custodian, legal guardian, stepparent, or

adult person living in the home of the child is found and who

appears in court or has been properly served with a summons pursuant

to Section 2-2-107 of this title.

2. When jurisdiction has been obtained over a child who is or

is alleged to be a delinquent, jurisdiction may be retained until

the child becomes nineteen (19) years of age upon the court's own

motion, motion by the district attorney or motion by the Office of

Juvenile Affairs, as provided in Section 2-7-504 of this title.

3. The juvenile proceeding may be filed before the child

becomes eighteen (18) years of age; within one (1) year after the

date of the eighteenth birthday of the child if the underlying act

would constitute a felony if committed by an adult; or within six

(6) months after the date of the eighteenth birthday if the

underlying act would constitute a misdemeanor if committed by an

adult.

C. The district court in which a petition is filed or the

district court in which custody has been assumed pursuant to the

provisions of Section 2-2-101 of this title may retain jurisdiction

of a delinquent child in such proceeding notwithstanding the fact

that the child is subject to the jurisdiction of another district

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 276

court within the state. Any adjudication and disposition made by

the court in which said petition is filed shall control over prior

orders in regard to the child.

D. Except as otherwise provided in the Oklahoma Juvenile Code,

a child who is charged with having violated any state statute or

municipal ordinance, other than those enumerated in Section 2-5-101,

2-5-205 or 2-5-206 of this title, shall not be tried in a criminal

action but in a juvenile proceeding.

E. If, during the pendency of a criminal charge against any

person, it shall be ascertained that the person was a child at the

time of committing the alleged offense, the district court or

municipal court shall transfer the case, together with all the

papers, documents and testimony connected therewith, to the juvenile

division of the district court. The division making the transfer

shall order the child to be taken forthwith to the place of

detention designated by the juvenile division, to that division

itself, or release the child to the custody of a suitable person to

be brought before the juvenile division.

F. Nothing in this act shall be construed to prevent the

exercise of concurrent jurisdiction by another division of the

district court or by the municipal courts in cases involving

children wherein the child is charged with the violation of a state

or municipal traffic law or ordinance.
Okla. Stat. tit. 10, § 10-7306-2.10a — OK Code / Title 10 / Section 10-7306-2.10a
Renumbered as § 2-5-211 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 188, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-60.34 — OK Code / Title 10 / Section 10-60.34
Renumbered as § 7510-2.4 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7004-3.2 — OK Code / Title 10 / Section 10-7004-3.2
Renumbered as § 1-7-105 of Title 10A by Laws 2009, c
Status: in_force

233, § 279, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7700-632 — OK Code / Title 10 / Section 10-7700-632
Jury prohibited
Status: in_force

The court, without a jury, shall adjudicate paternity of a

child.
Okla. Stat. tit. 10, § 10-620.3 — OK Code / Title 10 / Section 10-620.3
Agencies to promulgate uniform rules and procedures
Status: in_force

A. Prior to April 1, 1991, the following agencies shall

promulgate uniform rules and adopt uniform procedures and forms for

the maintenance, transfer and release of confidential information:

1. Department of Human Services;

2. Department of Mental Health and Substance Abuse Services;

3. State Department of Health;

4. State Department of Education;

Oklahoma Statutes - Title 10. Children Page 169

5. Oklahoma Department of Career and Technology Education;

6. Oklahoma Commission on Children and Youth;

7. J.D. McCarty Center for Children with Developmental

Disabilities;

8. Department of Corrections; and

9. Beginning July 1, 1998, the Office of Juvenile Affairs.

B. Private agencies receiving public funds pursuant to a grant

or contract with a state agency listed in subsection A of this

section and providing institutional, community residential or

community-based services, as defined by Section 1101 of this title,

to children and families, shall comply with the rules regarding the

maintenance, transfer and release of confidential information

adopted by the governing board of the state agency or agencies from

which they receive funds.

C. The provisions of Sections 620.1 through 620.6 of this title

shall not apply to court records of juvenile cases maintained by the

district courts. The supervising judge of a statutorily constituted

juvenile bureau may establish court rules for the transfer and

release of other confidential information maintained by the juvenile

bureau which substantially conform with the rules, forms and

procedures promulgated and adopted by state agencies pursuant to the

provisions of Sections 620.1 through 620.6 of this title.
Okla. Stat. tit. 10A, § 10A-1-2-102v2 — OK Code / Title 10A / Section 10A-1-2-102v2
Assessment and investigations - Determinations and
Status: in_force

referrals by Department of Human Services – Investigations by law

enforcement agencies.

A. 1. Upon receipt of a report that a child may be abused,

neglected or drug-endangered, the Department of Human Services shall

conduct a safety analysis.

2. The Department may employ or contract with active or retired

social work, medical and law enforcement professionals who shall be

strategically placed throughout the state to:

a. provide investigation support and to assist

caseworkers with assessment decisions and intervention

activities,

b. serve as consultants to caseworkers in all aspects of

their duties, and

c. designate persons who shall act as liaisons within the

Department whose primary functions are to develop

relationships with local law enforcement agencies and

courts.

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

investigation and findings to any district attorney's office which

may have jurisdiction to file a petition pursuant to Section 1-4-101

of this title.

4. The Department shall determine the military status of

parents whose children are subject to abuse or neglect. If the

Department determines that a parent or guardian is currently serving

on active duty in the United States military, the Department shall

notify a United States Department of Defense family advocacy program

that there is an investigation into the parent or guardian. The

Department shall forward a report of its assessment or investigation

and findings to the appropriate military law enforcement entity.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 53

5. Whenever the Department determines there is a child that

meets the definition of a "drug-endangered child", as defined in

Section 1-1-105 of this title, or a child has been diagnosed with

fetal alcohol syndrome and the referral is accepted for

investigation, the Department shall conduct an investigation of the

allegations and shall not limit the evaluation of the circumstances

to an assessment.

6. Whenever the Department determines an infant has been

diagnosed with Neonatal Abstinence Syndrome or a Fetal Alcohol

Spectrum Disorder, but the referral is not accepted for

investigation, the Department shall develop a plan of safe care that

addresses both the infant and affected family member or caregiver.

The plan of safe care shall address, at a minimum, the health and

substance use treatment needs of the infant and affected family

member or caregiver.

B. 1. If, upon receipt of a report alleging abuse or neglect

or during the assessment or investigation, the Department determines

that:

a. the alleged perpetrator is someone other than a person

responsible for the child's health, safety, or

welfare, and

b. the alleged abuse or neglect of the child does not

appear to be attributable to failure on the part of a

person responsible for the child's health, safety, or

welfare to provide protection for the child,

the Department shall immediately make a referral, in writing, to the

appropriate local law enforcement agency for the purpose of

conducting a possible criminal investigation. The Department shall

maintain a record of its transmission of each report to law

enforcement.

2. After making the referral to the law enforcement agency, the

Department shall not be responsible for further investigation

unless:

a. the Department has reason to believe the alleged

perpetrator is a parent of another child, not the

subject of the criminal investigation, or is otherwise

a person responsible for the health, safety, or

welfare of another child,

b. notice is received from a law enforcement agency that

it has determined the alleged perpetrator is a parent

of or a person responsible for the health, safety, or

welfare of another child not the subject of the

criminal investigation, or

c. the appropriate law enforcement agency requests the

Department to assist in the investigation. If funds

and personnel are available, as determined by the

Director of the Department or a designee, the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 54

Department may assist law enforcement in interviewing

children alleged to be victims of physical or sexual

abuse.

3. If, upon receipt of a report alleging abuse or neglect or

during the assessment or investigation, the Department determines

that the alleged abuse or neglect of the child involves:

a. a child in the custody of the Office of Juvenile

Affairs, and

b. at the time of the alleged abuse or neglect, such

child was placed in a secure facility operated by the

Office of Juvenile Affairs, as defined by Section 2-1-

103 of this title,

the Department shall immediately make a referral, either verbally or

in writing, to the appropriate law enforcement agency for the

purpose of conducting a possible criminal investigation. After

making the referral to the law enforcement agency, the Department

shall not be responsible for further investigation.

C. 1. Any law enforcement agency receiving a referral as

provided in this section shall provide the Department with a copy of

the report of any investigation resulting from a referral from the

Department.

2. Whenever, in the course of any criminal investigation, a law

enforcement agency determines that there is cause to believe that a

child, other than a child in the custody of the Office of Juvenile

Affairs and placed in an Office of Juvenile Affairs secure juvenile

facility, may be abused or neglected by reason of the acts,

omissions, or failures on the part of a person responsible for the

health, safety, or welfare of the child, the law enforcement agency

shall immediately contact the Department for the purpose of an

investigation.

D. If, upon receipt of a report alleging abuse or neglect, the

Department determines that the family has been the subject of a

deprived petition, the Department shall conduct a thorough

investigation of the allegations and shall not limit the evaluation

of the circumstances to an assessment. In addition, if the family

has been the subject of three or more referrals, the Department

shall conduct a thorough investigation of the allegations and shall

not limit the evaluation of the circumstances to an assessment.

E. For the purposes of this section, "law enforcement" shall

include military law enforcement if the subject of an investigation

of abuse or neglect is currently serving in any branch of the United

States military.

F. The Department shall promulgate rules to implement the

provisions of this section.
Okla. Stat. tit. 10A, § 10A-1-4-814 — OK Code / Title 10A / Section 10A-1-4-814
Modification of decrees or orders
Status: in_force

Any decree or order made pursuant to the provisions of the

Oklahoma Children's Code may be modified by the court at any time;

provided, however, that an order terminating parental rights shall

not be modified.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 157
Okla. Stat. tit. 10, § 10-7700-622 — OK Code / Title 10 / Section 10-7700-622
Enforcement of order for genetic testing - Default
Status: in_force

A. An order for genetic testing is enforceable by contempt.

B. If an individual whose paternity is being determined

declines to submit to genetic testing ordered by the court, the

court for that reason may adjudicate parentage contrary to the

position of that individual.

C. If a defendant fails to answer, or to appear for hearing or

genetic testing after being ordered to appear, and all other duly

served defendants have been excluded as possible fathers by genetic

testing, the court shall enter an order establishing the defendant

who failed to answer or appear as the father.

D. Genetic testing of the mother of a child is not a condition

precedent to testing the child and a man whose paternity is being

determined. If the mother is unavailable or declines to submit to

genetic testing, the court may order the testing of the child and

every man whose paternity is being adjudicated.
Okla. Stat. tit. 10, § 10-1630 — OK Code / Title 10 / Section 10-1630
Definitions
Status: in_force

For purposes of the Oklahoma Minor Identification Act:

1. "Fingerprint" means the impression of the lines upon the

fingertip taken with ink and placed upon a paper or plastic card for

the purpose of identification;

2. "Local law enforcement agency" means the office of the

county sheriff or a department of a municipality authorized by law

or ordinance with the duties to maintain public order, make arrests,

and enforce the criminal laws of this state or municipal ordinances;

3. "Minor or child" means a person under eighteen (18) years of

age; and

Oklahoma Statutes - Title 10. Children Page 271

4. "Parent" means the natural or adoptive parent who has legal

custody of the minor.
Okla. Stat. tit. 10, § 10-7221 — OK Code / Title 10 / Section 10-7221
Renumbered as § 1-7-113 of Title 10A by Laws 2009, c
Status: in_force

233, § 286, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-8-301 — OK Code / Title 10A / Section 10A-2-8-301
Short title — Accountability, Transparency, and
Status: in_force

Protection for Exploited Youth Act.

This act shall be known and may be cited as the “Accountability,

Transparency, and Protection for Exploited Youth Act”.
Okla. Stat. tit. 10, § 10-7700-624 — OK Code / Title 10 / Section 10-7700-624
Temporary order for support
Status: in_force

A. In a proceeding under this Article, the court shall issue a

temporary order for support of a child if the order is appropriate

and the individual ordered to pay support is:

1. A presumed father of the child;

2. Petitioning to have his paternity adjudicated;

3. Identified as the father through genetic testing under

Section 7700-505 of this title;

4. An alleged father who has declined to submit to genetic

testing;

5. Shown by clear and convincing evidence to be the father of

the child; or

6. The mother of the child.

B. A temporary order issued pursuant to this section may

include provisions for custody and visitation as provided by Section

110 of Title 43 of the Oklahoma Statutes.
Okla. Stat. tit. 10, § 10-557.14 — OK Code / Title 10 / Section 10-557.14
Termination of agreement
Status: in_force

A. In no event may a gestational agreement be terminated after

the gestational carrier becomes pregnant by means of assisted

reproduction.

B. Other than as prohibited by subsection A of this section, a

gestational agreement may be terminated by any party thereto as

permitted by the terms of the agreement under the following

procedures:

1. Any of the parties to a validated gestational agreement may

seek to terminate the gestational agreement by first giving written

notice of termination of the gestational agreement to each other

party to the gestational agreement;

2. A person who sends the notice to terminate a validated

gestational agreement shall file notice of the termination with the

appropriate court. The court shall thereafter enter an order

vacating the validation of the gestational agreement and terminating

the gestational agreement. As necessary, prior to issuing the order

vacating the validation and terminating the gestational agreement,

the court may consider evidence to confirm the gestational carrier

is not pregnant by means of assisted reproduction;

3. A validated gestational agreement is not terminated until an

order vacating the validation and terminating the gestational

agreement has been entered by the court;

4. If a gestational agreement has not been validated, it may be

terminated by any of the parties thereto by such party sending a

written notice of termination to the other parties to the

gestational agreement. It is not necessary for a court to enter an

order terminating a gestational agreement that has not been

validated;

5. The notice of termination required by this section shall be

served upon the other parties to the gestational agreement in the

same manner as summons is served in civil cases;

6. Upon receipt of a notice to terminate a gestational

agreement, the gestational carrier shall not undergo any assisted

reproductive procedure to transfer any gametes or embryos to the

gestational carrier for the purpose of conception or implantation as

Oklahoma Statutes - Title 10. Children Page 118

part of the gestational carrier arrangement unless otherwise

permitted by the court;

7. No party to a gestational agreement shall be liable to any

other party for damages for terminating a gestational agreement in

accordance with this section; provided, however, that termination of

a gestational agreement, whether validated or not, shall not relieve

any party of the duty to pay for or to reimburse any other party for

any medical, legal or travel expenses incurred pursuant to the

gestational agreement prior to its termination which would otherwise

be owed if the gestational agreement had not been terminated, and a

party having a duty to pay or reimburse such expenses shall be

liable to pay or reimburse such expenses; and

8. Notwithstanding anything in this act to the contrary, within

one (1) year of the termination of a gestational agreement, whether

validated or not, any party to the gestational agreement may file a

written petition with the court that terminated a gestational

agreement seeking to reinstate the gestational agreement and

requesting the court validate the gestational agreement. The party

filing such petition shall serve such petition on all other parties

to the gestational agreement in the same manner as serving a

petition in a civil case in Oklahoma. In any such case, the sole

basis upon which the court may reinstate the gestational agreement

and validate it is if the court finds through competent evidence

that the gestational carrier became pregnant by means of an assisted

reproduction procedure contemplated by the gestational agreement

that was performed before the party seeking to terminate the

gestational agreement served upon the gestational carrier the

written notice of termination of the gestational agreement. If the

court so finds, and if all the requirements to validate a

gestational agreement under this act are otherwise met, the

termination of the gestational agreement shall be null and void, and

the court shall enter an order reinstating the gestational agreement

as if it had never been terminated and validating the gestational

agreement. The court, taking into account the health and well-being

of the gestational carrier and the child with which she is pregnant,

may order any scientifically acceptable genetic or medical testing

allowed by law to aid it in its findings, may assess the costs of

such testing to the party or parties the court deems appropriate and

may wait to make its ruling on the reinstatement and validation of

the gestational agreement until after the birth of the child.
Okla. Stat. tit. 10, § 10-55.1 — OK Code / Title 10 / Section 10-55.1
Renumbered as § 7506-1.1 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7700-204 — OK Code / Title 10 / Section 10-7700-204
Presumption of paternity
Status: in_force

A. A man is presumed to be the father of a child if:

1. He and the mother of the child are married to each other and

the child is born during the marriage;

2. He and the mother of the child were married to each other

and the child is born within three hundred (300) days after the

marriage is terminated by death, annulment, declaration of

invalidity, dissolution of marriage or after decree of separation;

3. Before the birth of the child, he and the mother of the

child married each other in apparent compliance with law, even if

the attempted marriage is or could be declared invalid, and the

child is born during the invalid marriage or within three hundred

(300) days after its termination by death, annulment, declaration of

invalidity, a decree of separation, or dissolution of marriage;

4. After the birth of the child, he and the mother of the child

married each other in apparent compliance with law, whether or not

the marriage is or could be declared invalid, and he voluntarily

asserted his paternity of the child, and:

a. the assertion is in a record with the State Department

of Health, Division of Vital Records or the Department

of Human Services,

b. he agreed to be and is named as the child’s father on

the child’s birth certificate, or

c. he promised in a record to support the child as his

own; or

Oklahoma Statutes - Title 10. Children Page 397

5. For the first two (2) years of the child’s life, he resided

in the same household with the child and openly held out the child

as his own.

B. A presumption of paternity established under this section

may be rebutted only by an adjudication under Article 6 of the

Uniform Parentage Act.
Okla. Stat. tit. 10A, § 10A-1-2-107 — OK Code / Title 10A / Section 10A-1-2-107
Disclosure of information
Status: in_force

A. The Department of Human Services may provide information to

a person or agency that provides professional services such as

medical examination of or therapeutic intervention with a victim of

abuse or neglect. This information may include, but is not limited

to:

1. The investigative determination; or

2. The services offered and provided.

B. The Department shall forward to any hospital or any

physician, including, but not limited to, doctors of medicine and

dentistry, licensed osteopathic physicians, residents and interns,

reporting the abuse or neglect of a child pursuant to Section 1-2-

101 of this title, information including the investigative

determination, the services offered or provided, and such other

information deemed necessary by the Department. The information

shall be entered and maintained in the medical records of the child.
Okla. Stat. tit. 10, § 10-131 — OK Code / Title 10 / Section 10-131
Powers of county commissioners - Commitment of children to
Status: in_force

other institutions, associations or corporations.

The county commissioners of any county of this state having a

population of not less than seventy-five thousand (75,000) persons,

according to the last Decennial Federal Census, or any Decennial

Federal Census hereafter taken, are hereby authorized and empowered,

if they deem it necessary or expedient, to purchase a farm and to

construct, establish, equip and maintain thereon, at the expense of

the county, county supervised schools and homes for neglected and

dependent boys and girls of such county, under the age of sixteen

(16) years, who may be appointed to such schools by the district

court of such county, and to make enlargements and additions thereto

from time to time. Such commissioners shall also have power to

purchase farm equipment to be used in connection with such schools,

to purchase materials, supplies and equipment for manual, vocational

or other training or education, and to erect, enlarge, remodel, and

repair such building, dormitories, residences, administration and

school buildings, and barns and outbuildings as they may from time

to time deem necessary or expedient.

Provided, that such county commissioners may rent a suitable

site and buildings for such purpose, and purchase the necessary

equipment and supplies therefor. Provided, further, that said

county commissioners shall make no expenditures or contract for

expenditures hereunder until a tax levy for such purposes shall have

been made as hereinafter provided; and provided, further, that the

Oklahoma Statutes - Title 10. Children Page 57

district court of such county, may, in his discretion, commit

dependent and neglected children to such other institutions as may

be now or hereafter provided by law for such purposes, or to the

care of some association or corporation willing to receive them,

which said corporation or association embraces in its objects the

purpose of caring for and obtaining homes for such neglected and

dependent children.
Okla. Stat. tit. 10A, § 10A-1-4-207 — OK Code / Title 10A / Section 10A-1-4-207
Immediate assumption of custody to protect child's
Status: in_force

health or welfare.

Nothing contained in the Oklahoma Children's Code shall prevent

a court from immediately assuming custody of a child and ordering

whatever action may be necessary, including medical or behavioral

health treatment, to protect the child's health, safety, or welfare.
Okla. Stat. tit. 10, § 10-601.41 — OK Code / Title 10 / Section 10-601.41
Short title
Status: in_force

Sections 2 through 7 of this act shall be known and may be cited

as the "Act for Coordination of Special Services to Children and

Youth."
Okla. Stat. tit. 10, § 10-7005-1.6 — OK Code / Title 10 / Section 10-7005-1.6
Renumbered as § 1-8-106 of Title 10A by Laws 2009, c
Status: in_force

233, § 291, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-60.5C — OK Code / Title 10 / Section 10-60.5C
Renumbered as § 7504-1.2 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-1430.18 — OK Code / Title 10 / Section 10-1430.18
Documents to be made available to residents, employees
Status: in_force

and visitors.

Every provider and licensee shall make available to residents,

employees and visitors the following:

1. The current license or current contract with the Department

of Human Services or the Oklahoma Health Care Authority for

provision of group home services;

2. Rights of residents as listed in Section 1430.20 of this

title;

3. A description of the grievance procedures of the group home

established in accordance with OAC 340:2-3-54, to include the name,

address and telephone number of the local grievance coordinator and

the name, address, and telephone number of a person authorized by

the Department to receive complaints regarding potential contract

violations. A copy of the grievance and complaint procedures shall

also be given to each resident and the guardian or advocate of the

resident, if any;

Oklahoma Statutes - Title 10. Children Page 249

4. A copy of any order pertaining to the group home issued by

the Department or a court which is currently in effect; and

5. A list of the material available for public inspection under

Section 1430.19 of this title.
Okla. Stat. tit. 10, § 10-7302-2.3 — OK Code / Title 10 / Section 10-7302-2.3
Renumbered as § 2-7-203 of Title 10A by Laws 2009, c
Status: in_force

234, § 170, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-60.13 — OK Code / Title 10 / Section 10-60.13
Renumbered as § 7505-5.4 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7306-2.12 — OK Code / Title 10 / Section 10-7306-2.12
Renumbered as § 2-5-213 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 188, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-554 — OK Code / Title 10 / Section 10-554
Legal status of child or children born as result of
Status: in_force

heterologous oocyte donation.

Any child or children born as a result of a heterologous oocyte

donation shall be considered for all legal intents and purposes, the

Oklahoma Statutes - Title 10. Children Page 104

same as a naturally conceived legitimate child of the husband and

wife which consent to and receive an oocyte pursuant to the use of

the technique of heterologous oocyte donation.
Okla. Stat. tit. 10, § 10-7302-6.1 — OK Code / Title 10 / Section 10-7302-6.1
Renumbered as § 2-7-601 of Title 10A by Laws 2009, c
Status: in_force

234, § 174, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 10. Children Page 288
Okla. Stat. tit. 10, § 10-1430.2 — OK Code / Title 10 / Section 10-1430.2
Definitions
Status: in_force

As used in the Group Homes for Persons with Developmental or

Physical Disabilities Act:

1. "Abuse" as defined by the Protective Services for Vulnerable

Adults Act means causing or permitting:

a. the infliction of physical pain, injury, sexual abuse,

sexual exploitation, unreasonable restraint or

confinement, or mental anguish, or

b. the deprivation of nutrition, clothing, shelter,

health care, or other care or services without which

serious physical or mental injury is likely to occur

to a vulnerable adult by a caretaker or other person

providing services to a vulnerable adult;

2. "Access" means the right of a person to enter a group home

to communicate privately and without unreasonable restriction;

3. "Administrator" means the person designated by the provider

who has authority and responsibility for the programs and operation

of a group home;

4. "Advisory Board" means the Group Homes for Persons with

Developmental or Physical Disabilities Advisory Board established by

Section 1430.4 of this title;

5. "Advocate" means an adult designated in writing selected by

the resident to assist the resident in exercising the rights of such

resident;

6. "Applicant" means a person, corporation, limited liability

company, partnership, association, or other entity which is being

considered by the Department of Human Services for a license with

the Department to provide group home services;

7. “Case manager” means a staff member who is responsible for

ensuring that services to a resident are planned and provided in a

coordinated fashion;

8. "Commission" means the Commission for Human Services;

9. "Contract" means the binding legal agreement to provide

group home services, entered into between the provider and the

Developmental Disabilities Services Division of the Department of

Human Services or the Oklahoma Health Care Authority (OHCA);

Oklahoma Statutes - Title 10. Children Page 231

10. "DDSD" means the Developmental Disabilities Services

Division of the Department of Human Services;

11. "Department" means the Department of Human Services;

12. "Developmental disability" means a severely chronic

disability of a person which:

a. is attributable to a physical or mental impairment or

a combination of physical and mental impairments,

b. is manifested before the person attains the age of

twenty-two (22) years,

c. is likely to continue indefinitely,

d. results in substantial functional limitations in three

or more of the following areas of major life activity:

(1) self-care,

(2) receptive and expressive language,

(3) learning,

(4) mobility,

(5) self-direction,

(6) capacity for independent living, or

(7) economic self-sufficiency, and

e. reflects the need of the person for a combination and

sequence of special interdisciplinary or generic care,

treatment or other services which are of lifelong or

extended duration and are individually planned and

coordinated;

13. "Director" means the Director of Human Services;

14. "Exploitation" means the unjust or improper use of the

resources of a group home resident for the profit or advantage,

pecuniary or otherwise, of a person other than the group home

resident through the use of undue influence, coercion, harassment,

duress, deception, false representation, or false pretense, as

defined by the Protective Services for Vulnerable Adults Act;

15. "Group home for persons with developmental or physical

disabilities" means any establishment for not more than twelve

residents who are eighteen (18) years of age or older and who have

developmental or physical disabilities, which offers or provides

supervision, residential accommodations, food service, and training

and skill development opportunities designed to lead to increased

independence of the residents and which offers or provides

supportive assistance to any of its residents requiring supportive

assistance;

16. "Guardian" means a court-appointed representative or

conservator;

17. "Habilitation" means services designed to assist

individuals in acquiring, retaining, and improving the self-help,

socialization, and adaptive skills necessary to reside successfully

in home and community-based settings;

Oklahoma Statutes - Title 10. Children Page 232

18. "Home" or "group home" means a group home for persons with

developmental or physical disabilities;

19. “Indecent exposure” means forcing or requiring a resident

to:

a. look upon the body or private parts of another person

or look upon sexual acts performed in the presence of

the resident, or

b. touch or feel the body or private parts of another;

20. "Licensee" means a person, corporation, partnership,

limited liability company, or association who is the operator of a

home which is licensed pursuant to the provisions of the Group Homes

for Persons with Developmental or Physical Disabilities Act;

21. "Neglect" as defined by the Protective Services for

Vulnerable Adults Act means:

a. the failure to provide protection for a group home

resident who is unable to protect his or her own

interests,

b. the failure to provide adequate shelter, nutrition,

health care, or clothing, or

c. negligent acts or omissions that result in harm or the

unreasonable risk of harm to a vulnerable adult

through the action, inaction, or lack of supervision

by a caretaker providing direct services;

22. "Physical disability" means a condition which causes the

restricted use of the extremities by an individual or affects other

bodily functions of an individual and which requires the specialized

training, habilitation or rehabilitation services provided by a

group home;

23. “Program coordinator” means a person employed by a provider

or a licensee who is responsible for the supervision, coordination,

and monitoring of services to a resident receiving services provided

by the provider or licensee;

24. "Provider" means a person, corporation, partnership,

limited liability company, association, or other entity that

contracts with the Developmental Disabilities Services Division of

the Department of Human Services or the Oklahoma Health Care

Authority to operate a group home for persons with developmental or

physical disabilities;

25. "Resident" means a person receiving services in a group

home for persons with developmental or physical disabilities;

26. “Sexual abuse” as defined in the Protective Services for

Vulnerable Adults Act means:

a. oral, anal, or vaginal penetration of a resident by or

through the union with the sexual organ of a caretaker

or other person providing services to the resident, or

the anal or vaginal penetration of a resident by a

Oklahoma Statutes - Title 10. Children Page 233

caretaker or other person providing services to the

resident with any other object,

b. for the purpose of sexual gratification, the touching,

feeling, or observation of the body or private parts

of a resident by a caretaker or other person providing

services to the resident, or

c. indecent exposure by a caretaker or other person

providing services to the resident;

27. “Sexual exploitation” as defined in the Protective Services

for Vulnerable Adults Act includes, but is not limited to, a

caretaker causing, allowing, permitting, or encouraging a resident

to engage in prostitution, or in the lewd, obscene, or pornographic

photographing, filming, or depiction of the resident as those acts

are defined by state law;

28. "Supervision" means the provision of on-site staffing in

the group home or on the premises of the group home when a resident

is present who requires on-site staffing, as determined by the team

of the resident. Supervision also includes provision of necessary

staff support, as documented in the individual plan of each service

recipient, when the service recipient is in the community, except

when the service recipient is engaged in employment, vocational

services, or adult day services;

29. "Supportive assistance" means the service rendered to a

service recipient which is sufficient to enable the service

recipient to meet an adequate level of daily living. Supportive

assistance includes, but is not limited to, training and supervision

of service recipients, assistance in housekeeping, assistance in the

preparation of meals, and assistance in activities of daily living

as necessary for the health and comfort of service recipients;

30. "Transfer" means a change in location of living

arrangements of a resident from one group home to another group

home;

31. “Team” means the group of people responsible for service

planning, implementation, and monitoring of the individual plan.

The team includes:

a. the person receiving services,

b. the case manager of the person receiving services, if

applicable,

c. the legal guardian of the person receiving services,

if the service recipient has a legal guardian,

d. the advocate(s) of the person receiving services, if

there is an advocate, who may be a parent, family

member, friend, or another who knows the service

recipient well,

e. the program coordinator or designee, and

Oklahoma Statutes - Title 10. Children Page 234

f. any other person whose participation is necessary to

achieve the outcomes included in the individual plan;

and

32. “Verbal abuse” as defined in the Protective Services for

Vulnerable Adults Act means the use of words, sounds, or other

communication including, but not limited to, gestures, actions or

behaviors, by a caretaker or other person providing services to a

resident that is likely to cause a reasonable person to experience

humiliation, intimidation, fear, shame, or degradation.
Okla. Stat. tit. 10, § 10-1125.3 — OK Code / Title 10 / Section 10-1125.3
Renumbered as § 7307-1.6 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-557.19 — OK Code / Title 10 / Section 10-557.19
Gametes or embryos of the gestational carrier or
Status: in_force

gestational spouse.

No gamete or embryo to which the gestational carrier or the

gestational spouse has contributed any genetic material may be used

in the assisted reproduction procedure set forth in a gestational

agreement covered by the Oklahoma Gestational Agreement Act. Any

agreement which calls for the use of a gamete or embryo to which the

gestational carrier or gestational spouse has contributed genetic

material falls outside the applicability of this act.
Okla. Stat. tit. 10, § 10-7004-2.1 — OK Code / Title 10 / Section 10-7004-2.1
Renumbered as § 1-9-110 of Title 10A by Laws 2009, c
Status: in_force

233, § 302, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-557.18 — OK Code / Title 10 / Section 10-557.18
Donors may be parties to the agreement
Status: in_force

Oklahoma Statutes - Title 10. Children Page 120

A. Any one or more donors that will be supplying any gametes or

embryos in connection with a gestational carrier arrangement may be,

but are not required to be, a party to the gestational agreement,

and any consents required of such donor or such donor's physician by

Oklahoma law may be incorporated into the gestational agreement.

B. If one or more donors will be supplying any gametes or

embryos in connection with a gestational carrier arrangement, any

consents otherwise required by Oklahoma law to be filed with a court

in connection with such donation may be filed with the court as part

of the petition to validate gestational agreement, regardless of

whether or not such consents are part of the gestational agreement.

Filing such consents with the petition to validate shall be deemed

to be compliance with any filing requirements for such consents

otherwise required by Oklahoma law, including the provisions of

Sections 552 through 556, inclusive, of Title 10 of the Oklahoma

Statutes. If such consents are filed with the court as part of the

petition to validate, then validation of the gestational agreement

by the court shall satisfy any requirements otherwise set forth in

Oklahoma law for a judge's approval, execution or acknowledgment of

such consents.

C. This act shall not affect any other law regarding the

allowance or prohibition of compensation paid to any donor for that

donor's contribution of gametes or embryos.
Okla. Stat. tit. 10, § 10-63 — OK Code / Title 10 / Section 10-63
Renumbered as § 7510-3.3 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-175.4 — OK Code / Title 10 / Section 10-175.4
Commission as agent of the state
Status: in_force

The Commission is hereby designated as the agency of the State

responsible for and having authority for the administration and

operation of the program of the services for children as stated in

Section 5 of this Act, and to supervise generally the administration

of any services related to this program but not administered

directly under the Commission. The purposes of this program shall

include the development, extension and improvement of services for

Oklahoma Statutes - Title 10. Children Page 62

locating such children and for providing medical, dental, corrective

and other services and care, and facilities for diagnosis,

hospitalization, treatment and aftercare.
Okla. Stat. tit. 10, § 10-1412 — OK Code / Title 10 / Section 10-1412
Advisory committee
Status: in_force

A. The Director of Human Services shall appoint an advisory

committee to advise the Director on matters relating to service

delivery for persons with developmental disabilities.

B. Such advisory committee shall include among its members

representatives of state agencies and persons representative of

professional, civic, or other public or nonprofit private agencies,

organizations, or groups concerned with services needed by persons

with developmental disabilities, and families of individuals

receiving services from the Developmental Disabilities Services

Division of the Department of Human Services.
Okla. Stat. tit. 10, § 10-7005-1.9 — OK Code / Title 10 / Section 10-7005-1.9
Renumbered as § 1-6-105 of Title 10A by Laws 2009, c
Status: in_force

233, § 272, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7202.1 — OK Code / Title 10 / Section 10-7202.1
Renumbered as § 21.3 of this title by Laws 1999, c
Status: in_force

396, § 30, emerg. eff. June 10, 1999.
Okla. Stat. tit. 10, § 10-7505-4.1 — OK Code / Title 10 / Section 10-7505-4.1
Application - Notice - Hearing - Order - Appeal
Status: in_force

A. If a consent to adoption or permanent relinquishment for

adoption has not been obtained from both parents of a minor who is

the subject of a petition for adoption, and the rights of the

nonconsenting parent or parents have not previously been terminated,

the petitioner for adoption, a consenting parent, or a legal

guardian or legal custodian of the minor to be adopted must file an

application to the court stating the reason that the consent or

relinquishment of the parent or parents is not necessary. In the

alternative, if the nonconsenting parent is a putative father of a

minor born out of wedlock, the petitioner for adoption, a consenting

parent, or a legal guardian or legal custodian of the minor may file

an application to terminate the parental rights of the putative

father. The grounds for terminating a putative father pursuant to

this section shall be identical to the grounds for permitting an

Oklahoma Statutes - Title 10. Children Page 348

adoption without the consent of a parent, pursuant to Section 7505-

4.2 of this title.

B. A hearing on an application for adoption without consent or

an application to terminate parental rights cannot be combined with

the hearing on the application for a final decree of adoption. For

good cause shown, a hearing on the application for a final decree of

adoption may be heard as early as the same day as a hearing on an

application to terminate parental rights, without prejudice to the

rights of any parties to appeal from the order terminating parental

rights.

C. 1. Prior to the hearing on the application to permit the

adoption of the minor without the consent or relinquishment of a

parent, or the application to terminate the rights of a putative

father filed pursuant to this section, notice of the hearing on the

application and a copy of the application shall be served upon the

parent or putative father who is the subject of the application in

the same manner as summons is served in civil cases, not less than

fifteen (15) days prior to the hearing.

2. The notice shall contain the name of the parent, putative

father, or if the father is unknown, the name of the child, date of

birth of the child, the date of the hearing, and the ground or

grounds for which application for adoption without consent or

relinquishment or termination of parental rights is sought. The

notice shall apprise the parent or putative father of the parent's

legal rights and shall include a clear statement that failure to

appear at the hearing shall constitute a denial of interest in the

child, which denial may result, without further notice of this

proceeding or any subsequent proceeding, in the granting of the

application for adoption without consent or permanent relinquishment

or in the termination of the putative father's parental rights and

in the child's adoption.

3. If the identity or whereabouts of a parent or putative

father are unknown, the court must determine whether the parent or

putative father can be identified or located. Following an inquiry

pursuant to Section 7505-4.3 of this title, if the court finds that

the identity or whereabouts of the putative father cannot be

ascertained, and this fact is attested to by affidavit of the

consenting parent, legal guardian or legal custodian of the minor,

it shall order that notice be given by publication and, if the

identity is known, that a copy be mailed to the last-known address

of the parent or putative father. The notice shall be published

once pursuant to the laws relating to the service of notice by

publication in the county in which the petition to adopt is filed,

and the hearing shall not be held for at least fifteen (15) days

after publication of the notice. When notice is given by

publication, an order terminating parental rights shall not become

final for a period of fifteen (15) days from the date of the order.

Oklahoma Statutes - Title 10. Children Page 349

4. A parent or putative father may waive such person's right to

notice pursuant to this section. The waiver, signed by the parent

or putative father, shall include a statement affirming that the

person signing the waiver understands that the waiver shall

constitute grounds for ordering adoption without consent of the

parent or for the termination of the parental rights of a putative

father pursuant to the provisions of this section and Section 7505-

4.2 of this title. A putative father may waive his right to notice

under this section, by signing an extrajudicial consent pursuant to

Section 7503-2.6 of this title, or by waiving notice on a form filed

with the Paternity Registry of the Department of Human Services, or

by failing to register with the Paternity Registry of the Department

of Human Services after receiving a Notice of Plan for Adoption

pursuant to Section 7503-3.1 of this title.

D. When a parent or putative father appears at the hearing and

desires counsel but is indigent and cannot for that reason employ

counsel, the court shall appoint counsel. In all counties having

county indigent defenders, the county's indigent defenders shall

assume the duties of representation in such proceedings.

E. At the hearing on an application to permit adoption without

the consent or relinquishment of a parent, the court may determine

whether the minor is eligible for adoption pursuant to Section 7505-

4.2 of this title. At the hearing on an application to terminate

the parental rights of a putative father, the court may, if it is in

the best interests of the minor, determine that the consent of the

putative father to the adoption of the minor is not required, and

terminate any parental rights which the putative father may have, as

provided in Section 7505-4.2 of this title.

F. The court shall terminate the parental rights of a putative

father if he fails to appear at the hearing on the application to

terminate his parental rights or if he has waived notice pursuant to

paragraph 4 of subsection C of this section.

G. A proceeding pursuant to this section for determination of

necessity of parental consent or for termination of parental rights

shall be heard by the court without a jury.

H. No order of the court shall be vacated, set aside, or

annulled upon the application of any person who was properly served

with notice in accordance with this section but failed to appear,

unless the applicant has established by clear and convincing

evidence that such failure to appear was due to unavoidable

circumstances. Such application must be filed within ten (10) days

of the date of the hearing at which the applicant failed to appear.

No order of the court shall be vacated, set aside or annulled upon

the application of any person who waived notice pursuant to

paragraph 4 of subsection C of this section.

I. 1. a. An appeal may be taken from any final order, judgment,

or decree terminating parental rights rendered

Oklahoma Statutes - Title 10. Children Page 350

pursuant to this section to the Supreme Court by any

person aggrieved thereby, in the manner provided for

appeals from the court as provided in this subsection.

b. An appeal from an order determining a child eligible

for adoption which does not terminate parental rights

may be taken in the same manner provided for appeals

from the court as provided in this subsection. The

failure of a parent to appeal from an order declaring

a child eligible for adoption without consent of the

parent which does not terminate parental rights shall

not preclude such parent from asserting error in the

order after the final decree is rendered.

2. In an appeal concerning the termination of parental rights

for purposes of adoption pursuant to this section or from an order

determining a child eligible for adoption which does not terminate

parental rights pursuant to this section, the appellant's

designation of record shall be filed in the trial court within ten

(10) days after the date of the judgment or order. Appellee's

counter designation of record shall be filed in the trial court ten

(10) days after appellant's designation of record is filed in the

trial court.

3. All appeals of cases concerning the termination of parental

rights for purposes of adoption or an order determining a child

eligible for adoption which does not terminate parental rights

pursuant to this section shall be initiated by filing a petition in

error in the Supreme Court within thirty (30) days of the filing of

the order, judgment, or decree appealed from. The record on appeal

shall be completed within thirty (30) days from the filing of the

petition in error. Any response to the petition in error shall be

filed within twenty (20) days from the filing of the petition in

error.

4. The briefing schedule is established as follows:

a. appellant's brief in chief shall be filed twenty (20)

days after the trial court clerk notifies all parties

that the record is complete and such notice has been

filed in the office of the Clerk of the Supreme Court,

b. appellant's answer brief shall be filed fifteen (15)

days after the appellant's brief in chief is filed,

and

c. appellant's reply brief may be filed within ten (10)

days after the appellee's answer brief is filed.

J. Any appeal when docketed should have priority over all cases

pending on said docket. Adjudication of appeals and any other

proceedings concerning the termination of parental rights or the

determination that a child is eligible for adoption without consent

which does not terminate parental rights pursuant to this section

shall be expedited by the Supreme Court.

Oklahoma Statutes - Title 10. Children Page 351

K. The pendency of an appeal shall not suspend the order of the

district court regarding a minor, nor shall it remove the minor from

the custody of that court or of the person, institution, or agency

to whose care such minor has been committed, unless the Supreme

Court shall so order.

L. 1. The termination of parental rights terminates the

parent-child relationship, including the parent's right to the

custody of the child and the parent's right to visit the child, the

parent's right to control the child's training and education, the

necessity for the parent to consent to the adoption of the child,

the parent's right to the earnings of the child, and the parent's

right to inherit from or through the child. Provided, that this

subsection shall not in any way affect the right of the child to

inherit from the parent.

2. Termination of parental rights pursuant to this section

shall not terminate the duty of either parent to support the minor

child of such parent. The duty of the parent to support the minor

child shall not be terminated until such time as a final decree of

adoption has been entered.

3. A determination that the consent to adoption is not required

from the parent of a minor shall not, by itself, act to relieve such

parent of the obligation to provide for the support of the minor as

otherwise required by law. The duty of the parent to support the

minor child shall not be terminated until such time as a final

decree of adoption has been entered.
Okla. Stat. tit. 10, § 10-17.1 — OK Code / Title 10 / Section 10-17.1
Renumbered as § 2025.1 of Title 12 by Laws 2009, c. 233,
Status: in_force

§ 201, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-9-123 — OK Code / Title 10A / Section 10A-1-9-123
Policies and procedures for children and youth at
Status: in_force

risk of sex trafficking.

A. 1. The Department of Human Services shall, in consultation

with state and local law enforcement, juvenile justice systems,

health care providers, education agencies, and organizations with

experience in dealing with at-risk children and youth, establish

policies and procedures, including relevant training for

caseworkers, for identifying, documenting in agency records, and

determining appropriate services for children and youth at risk of

sex trafficking.

2. The policies and procedures shall be developed for every

child or youth over whom the Department has responsibility for

placement, care, or supervision and shall apply when the Department

has reasonable cause to believe a child or youth is currently, or is

at risk of being, a victim of sex trafficking, including a child or

youth:

a. for whom the Department has an open case file, but who

has not been removed from the home,

b. who has run away from foster care and who has not

attained eighteen (18) years of age, or

c. who is not in foster care but is receiving services.

B. 1. When notified a child or youth has run away or is

missing from a foster placement, the Department shall, within

twenty-four (24) hours of notification, report such status of the

child or youth to local law enforcement, the National Crime

Information Center, and to the National Center for Missing and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 258

Exploited Children. The report submitted to law enforcement and the

National Center for Missing and Exploited Children shall include

where reasonably possible:

a. a photo of the missing or abducted child or youth,

b. a description of the child’s or youth’s physical

features, such as height, weight, sex, ethnicity,

race, hair color, and eye color, and

c. endangerment information, such as the child’s or

youth’s pregnancy status, prescription medications,

tendency toward suicidal thoughts, vulnerability to

being a victim of sex trafficking, and other health or

risk factors.

2. The Department shall maintain regular communication with law

enforcement and the National Center for Missing and Exploited

Children in an effort to provide for a safe recovery of a missing or

abducted child or youth, including by sharing information pertaining

to the child’s or youth’s recovery and circumstances related to the

recovery.

C. The Department shall develop and implement specific

protocols to:

1. Expeditiously locate any child or youth missing from foster

care;

2. Determine the primary factors that contributed to the child

or youth running away or otherwise being absent from foster care;

3. Respond, to the extent possible and appropriate, to those

factors that contributed to the absence from care or runaway

behaviors in the current and subsequent placements of the child or

youth; and

4. Determine what the child or youth experienced while absent

from care, that would include an appropriate screening to determine

if the child or youth is a possible victim of sex trafficking.

D. The Department shall report to law enforcement authorities

immediately, and in no case later than twenty-four (24) hours, after

receiving information on a child or youth who has been identified as

being a sex trafficking victim as defined by Section 1-1-105 of this

title.