Okla. Stat. tit. 10A, § 10A-1-1-105v2 — OK Code / Title 10A / Section 10A-1-1-105v2
Definitions
Status: in_force

When used in the Oklahoma Children’s Code, unless the context

otherwise requires:

1. “Abandonment” means:

a. the willful intent by words, actions, or omissions not

to return for a child,

b. the failure to maintain a significant parental

relationship with a child through visitation or

communication in which incidental or token visits or

communication are not considered significant, or

c. the failure to respond to notice of deprived

proceedings;

2. “Abuse” means harm or threatened harm to the health, safety,

or welfare of a child by a person responsible for the child’s

health, safety, or welfare, including, but not limited to,

nonaccidental physical or mental injury, sexual abuse, or sexual

exploitation. Provided, however, that nothing contained in the

Oklahoma Children’s Code shall prohibit any parent from using

ordinary force as a means of discipline including, but not limited

to, spanking, switching, or paddling.

a. “Harm or threatened harm to the health, safety, or

welfare of a child” means any real or threatened

physical, mental, or emotional injury or damage to the

body or mind that is not accidental including, but not

limited to, sexual abuse, sexual exploitation,

neglect, or dependency.

b. “Sexual abuse” includes but is not limited to rape,

incest, and lewd or indecent acts or proposals made to

a child, as defined by law, by a person responsible

for the health, safety, or welfare of the child.

c. “Sexual exploitation” includes but is not limited to

allowing, permitting, encouraging, or forcing a child

to engage in prostitution, as defined by law, by any

person eighteen (18) years of age or older or by a

person responsible for the health, safety, or welfare

of a child, or allowing, permitting, encouraging, or

engaging in the lewd, obscene, or pornographic, as

defined by law, photographing, filming, or depicting

of a child in those acts by a person responsible for

the health, safety, and welfare of the child;

3. “Adjudication” means a finding by the court that the

allegations in a petition alleging that a child is deprived are

supported by a preponderance of the evidence;

4. “Adjudicatory hearing” means a hearing by the court as

provided by Section 1-4-601 of this title;

5. “Age-appropriate or developmentally appropriate” means:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 26

a. activities or items that are generally accepted as

suitable for children of the same age or level of

maturity or that are determined to be developmentally

appropriate for a child, based on the development of

cognitive, emotional, physical, and behavioral

capacities that are typical for an age or age group,

and

b. in the case of a specific child, activities or items

that are suitable for that child based on the

developmental stages attained by the child with

respect to the cognitive, emotional, physical, and

behavioral capacities of the specific child.

In the event that any age-related activities have implications

relative to the academic curriculum of a child, nothing in this

paragraph shall be construed to authorize an officer or employee of

the federal government to mandate, direct, or control a state or

local educational agency, or the specific instructional content,

academic achievement standards and assessments, curriculum, or

program of instruction of a school;

6. “Assessment” means a comprehensive review of child safety

and evaluation of family functioning and protective capacities that

is conducted in response to a child abuse or neglect referral that

does not allege a serious and immediate safety threat to a child;

7. “Behavioral health” means mental health, substance abuse, or

co-occurring mental health and substance abuse diagnoses, and the

continuum of mental health, substance abuse, or co-occurring mental

health and substance abuse treatment;

8. “Child” means any unmarried person under eighteen (18) years

of age;

9. “Child advocacy center” means a center and the

multidisciplinary child abuse team of which it is a member that is

accredited by the National Children’s Alliance or that is completing

a sixth year of reaccreditation. Child advocacy centers shall be

classified, based on the child population of a district attorney’s

district, as follows:

a. nonurban centers in districts with child populations

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

b. mid-level nonurban centers in districts with child

populations equal to or greater than sixty thousand

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

Counties;

10. “Child with a disability” means any child who has a

physical or mental impairment which substantially limits one or more

of the major life activities of the child, or who is regarded as

having such an impairment by a competent medical professional;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 27

11. “Child-placing agency” means an agency that arranges for or

places a child in a foster family home, family-style living program,

group home, adoptive home, or a successful adulthood program;

12. “Children’s emergency resource center” means a community-

based program that may provide emergency care and a safe and

structured homelike environment or a host home for children

providing food, clothing, shelter and hygiene products to each child

served; after-school tutoring; counseling services; life-skills

training; transition services; assessments; family reunification;

respite care; transportation to or from school, doctors’

appointments, visitations and other social, school, court or other

activities when necessary; and a stable environment for children in

crisis who are in custody of the Department of Human Services if

permitted under the Department’s policies and regulations, or who

have been voluntarily placed by a parent or custodian during a

temporary crisis;

13. “Community-based services” or “community-based programs”

means services or programs which maintain community participation or

supervision in their planning, operation, and evaluation.

Community-based services and programs may include, but are not

limited to, emergency shelter, crisis intervention, group work, case

supervision, job placement, recruitment and training of volunteers,

consultation, medical, educational, home-based services, vocational,

social, preventive and psychological guidance, training, counseling,

early intervention and diversionary substance abuse treatment,

sexual abuse treatment, transitional living, independent living, and

other related services and programs;

14. “Concurrent permanency planning” means, when indicated, the

implementation of two plans for a child entering foster care. One

plan focuses on reuniting the parent and child; the other seeks to

find a permanent out-of-home placement for the child with both plans

being pursued simultaneously;

15. “Court-appointed special advocate” or “CASA” means a

responsible adult volunteer who has been trained and is supervised

by a court-appointed special advocate program recognized by the

court, and when appointed by the court, serves as an officer of the

court in the capacity as a guardian ad litem;

16. “Court-appointed special advocate program” means an

organized program, administered by either an independent, not-for-

profit corporation, a dependent project of an independent, not-for-

profit corporation or a unit of local government, which recruits,

screens, trains, assigns, supervises and supports volunteers to be

available for appointment by the court as guardians ad litem;

17. “Custodian” means an individual other than a parent, legal

guardian or Indian custodian, to whom legal custody of the child has

been awarded by the court. As used in this title, the term

custodian shall not mean the Department of Human Services;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 28

18. “Day treatment” means a nonresidential program which

provides intensive services to a child who resides in the child’s

own home, the home of a relative, a group home, a foster home, or a

residential child care facility. Day treatment programs include,

but are not limited to, educational services;

19. “Department” means the Department of Human Services;

20. “Dependency” means a child who is homeless or without

proper care or guardianship through no fault of his or her parent,

legal guardian, or custodian;

21. “Deprived child” means a child:

a. who is for any reason destitute, homeless, or

abandoned,

b. who does not have the proper parental care or

guardianship,

c. who has been abused or neglected or is dependent,

d. whose home is an unfit place for the child by reason

of depravity on the part of the parent or legal

guardian of the child, or other person responsible for

the health or welfare of the child,

e. who is a child in need of special care and treatment

because of the child’s physical or mental condition,

and the child’s parents, legal guardian, or other

custodian is unable or willfully fails to provide such

special care and treatment. As used in this

paragraph, a child in need of special care and

treatment includes, but is not limited to, a child who

at birth tests positive for alcohol or a controlled

dangerous substance and who, pursuant to a drug or

alcohol screen of the child and an assessment of the

parent, is determined to be at risk of harm or

threatened harm to the health, safety, or welfare of a

child,

f. who is a child with a disability deprived of the

nutrition necessary to sustain life or of the medical

treatment necessary to remedy or relieve a life-

threatening medical condition in order to cause or

allow the death of the child if such nutrition or

medical treatment is generally provided to similarly

situated children without a disability or children

with disabilities; provided that no medical treatment

shall be necessary if, in the reasonable medical

judgment of the attending physician, such treatment

would be futile in saving the life of the child,

g. who, due to improper parental care and guardianship,

is absent from school as specified in Section 10-106

of Title 70 of the Oklahoma Statutes, if the child is

subject to compulsory school attendance,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 29

h. whose parent, legal guardian or custodian for good

cause desires to be relieved of custody,

i. who has been born to a parent whose parental rights to

another child have been involuntarily terminated by

the court and the conditions which led to the making

of the finding, which resulted in the termination of

the parental rights of the parent to the other child,

have not been corrected, or

j. whose parent, legal guardian, or custodian has

subjected another child to abuse or neglect or has

allowed another child to be subjected to abuse or

neglect and is currently a respondent in a deprived

proceeding.

Nothing in the Oklahoma Children’s Code shall be construed to

mean a child is deprived for the sole reason the parent, legal

guardian, or person having custody or control of a child, in good

faith, selects and depends upon spiritual means alone through

prayer, in accordance with the tenets and practice of a recognized

church or religious denomination, for the treatment or cure of

disease or remedial care of such child.

Evidence of material, educational or cultural disadvantage as

compared to other children shall not be sufficient to prove that a

child is deprived; the state shall prove that the child is deprived

as defined pursuant to this title.

Nothing contained in this paragraph shall prevent a court from

immediately assuming custody of a child and ordering whatever action

may be necessary, including medical treatment, to protect the

child’s health or welfare;

22. “Dispositional hearing” means a hearing by the court as

provided by Section 1-4-706 of this title;

23. “Drug-endangered child” means a child who is at risk of

suffering physical, psychological or sexual harm as a result of the

use, possession, distribution, manufacture or cultivation of

controlled substances, or the attempt of any of these acts, by a

person responsible for the health, safety or welfare of the child,

as defined in this section. This term includes circumstances

wherein the substance abuse of the person responsible for the

health, safety or welfare of the child interferes with that person’s

ability to parent and provide a safe and nurturing environment for

the child;

24. “Emergency custody” means the custody of a child prior to

adjudication of the child following issuance of an order of the

district court pursuant to Section 1-4-201 of this title or

following issuance of an order of the district court pursuant to an

emergency custody hearing, as specified by Section 1-4-203 of this

title;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 30

25. “Facility” means a place, an institution, a building or

part thereof, a set of buildings, or an area whether or not

enclosing a building or set of buildings used for the lawful custody

and treatment of children;

26. “Failure to protect” means failure to take reasonable

action to remedy or prevent child abuse or neglect, and includes the

conduct of a nonabusing parent or guardian who knows the identity of

the abuser or the person neglecting the child, but lies, conceals or

fails to report the child abuse or neglect or otherwise take

reasonable action to end the abuse or neglect;

27. “Family-style living program” means a residential program

providing sustained care and supervision to residents in a homelike

environment not located in a building used for commercial activity;

28. “Foster care” or “foster care services” means continuous

twenty-four-hour care and supportive services provided for a child

in foster placement including, but not limited to, the care,

supervision, guidance, and rearing of a foster child by the foster

parent;

29. “Foster family home” means the private residence of a

foster parent who provides foster care services to a child. Such

term shall include a nonkinship foster family home, a therapeutic

foster family home, or the home of a relative or other kinship care

home;

30. “Foster parent eligibility assessment” includes a criminal

background investigation including, but not limited to, a national

criminal history records search based upon the submission of

fingerprints, home assessments, and any other assessment required by

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

any child-placing agency pursuant to the provisions of the Oklahoma

Child Care Facilities Licensing Act;

31. “Guardian ad litem” means a person appointed by the court

pursuant to the provisions of Section 1-4-306 of this title having

those duties and responsibilities as set forth in that section. The

term guardian ad litem shall refer to a court-appointed special

advocate as well as to any other person appointed pursuant to the

provisions of Section 1-4-306 of this title to serve as a guardian

ad litem;

32. “Guardian ad litem of the estate of the child” means a

person appointed by the court to protect the property interests of a

child pursuant to Section 1-8-108 of this title;

33. “Group home” means a residential facility licensed by the

Department to provide full-time care and community-based services

for more than five but fewer than thirteen children;

34. “Harm or threatened harm to the health or safety of a

child” means any real or threatened physical, mental, or emotional

injury or damage to the body or mind that is not accidental

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 31

including, but not limited to, sexual abuse, sexual exploitation,

neglect, or dependency;

35. “Heinous and shocking abuse” includes, but is not limited

to, aggravated physical abuse that results in serious bodily,

mental, or emotional injury. “Serious bodily injury” means injury

that involves:

a. a substantial risk of death,

b. extreme physical pain,

c. protracted disfigurement,

d. a loss or impairment of the function of a body member,

organ, or mental faculty,

e. an injury to an internal or external organ or the

body,

f. a bone fracture,

g. sexual abuse or sexual exploitation,

h. chronic abuse including, but not limited to, physical,

emotional, or sexual abuse, or sexual exploitation

which is repeated or continuing,

i. torture that includes, but is not limited to,

inflicting, participating in or assisting in

inflicting intense physical or emotional pain upon a

child repeatedly over a period of time for the purpose

of coercing or terrorizing a child or for the purpose

of satisfying the craven, cruel, or prurient desires

of the perpetrator or another person, or

j. any other similar aggravated circumstance;

36. “Heinous and shocking neglect” includes, but is not limited

to:

a. chronic neglect that includes, but is not limited to,

a persistent pattern of family functioning in which

the caregiver has not met or sustained the basic needs

of a child which results in harm to the child,

b. neglect that has resulted in a diagnosis of the child

as a failure to thrive,

c. an act or failure to act by a parent that results in

the death or near death of a child or sibling, serious

physical or emotional harm, sexual abuse, or sexual

exploitation, or presents an imminent risk of serious

harm to a child, or

d. any other similar aggravating circumstance;

37. “Individualized service plan” means a document written

pursuant to Section 1-4-704 of this title that has the same meaning

as “service plan” or “treatment plan” where those terms are used in

the Oklahoma Children’s Code;

38. “Infant” means a child who is twelve (12) months of age or

younger;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 32

39. “Institution” means a residential facility offering care

and treatment for more than twenty residents;

40. a. “Investigation” means a response to an allegation of

abuse or neglect that involves a serious and immediate

threat to the safety of the child, making it necessary

to determine:

(1) the current safety of a child and the risk of

subsequent abuse or neglect, and

(2) whether child abuse or neglect occurred and

whether the family needs prevention- and

intervention-related services.

b. Investigation results in a written response stating

one of the following findings:

(1) “substantiated” means the Department has

determined, after an investigation of a report of

child abuse or neglect and based upon some

credible evidence, that child abuse or neglect

has occurred. When child abuse or neglect is

substantiated, the Department may recommend:

(a) court intervention if the Department finds

the health, safety, or welfare of the child

is threatened, or

(b) child abuse and neglect prevention- and

intervention-related services for the child,

parents or persons responsible for the care

of the child if court intervention is not

determined to be necessary,

(2) “unsubstantiated” means the Department has

determined, after an investigation of a report of

child abuse or neglect, that insufficient

evidence exists to fully determine whether child

abuse or neglect has occurred. If child abuse or

neglect is unsubstantiated, the Department may

recommend, when determined to be necessary, that

the parents or persons responsible for the care

of the child obtain child abuse and neglect

prevention- and intervention-related services, or

(3) “ruled out” means a report in which a child

protective services specialist has determined,

after an investigation of a report of child abuse

or neglect, that no child abuse or neglect has

occurred;

41. “Kinship care” means full-time care of a child by a kinship

relation;

42. “Kinship guardianship” means a permanent guardianship as

defined in this section;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 33

43. “Kinship relation” or “kinship relationship” means

relatives, stepparents, or other responsible adults who have a bond

or tie with a child or to whom has been ascribed a family

relationship role with the child’s parents or the child; provided,

however, in cases where the Indian Child Welfare Act applies, the

definitions contained in 25 U.S.C., Section 1903 shall control;

44. “Mental health facility” means a mental health or substance

abuse treatment facility as defined by the Inpatient Mental Health

and Substance Abuse Treatment of Minors Act;

45. “Minor” means the same as the term child as defined in this

section;

46. “Minor in need of treatment” means a child in need of

mental health or substance abuse treatment as defined by the

Inpatient Mental Health and Substance Abuse Treatment of Minors Act;

47. “Multidisciplinary child abuse team” means any team

established pursuant to Section 1-9-102 of this title of three or

more persons who are trained in the prevention, identification,

investigation, prosecution, and treatment of physical and sexual

child abuse and who are qualified to facilitate a broad range of

prevention- and intervention-related services and services related

to child abuse. For purposes of this definition, “freestanding”

means a team not used by a child advocacy center for its

accreditation;

48. “Near death” means a child is in serious or critical

condition, as certified by a physician, as a result of abuse or

neglect;

49. a. “Neglect” means:

(1) the failure or omission to provide any of the

following:

(a) adequate nurturance and affection, food,

clothing, shelter, sanitation, hygiene, or

appropriate education,

(b) medical, dental, or behavioral health care,

(c) supervision or appropriate caretakers to

protect the child from harm or threatened

harm of which any reasonable and prudent

person responsible for the child’s health,

safety or welfare would be aware, or

(d) special care made necessary for the child’s

health and safety by the physical or mental

condition of the child,

(2) the failure or omission to protect a child from

exposure to any of the following:

(a) the use, possession, sale, or manufacture of

illegal drugs,

(b) illegal activities, or

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 34

(c) sexual acts or materials that are not age-

appropriate, or

(3) abandonment.

b. Neglect shall not mean a child who engages in

independent activities, except if the person

responsible for the child’s health, safety or welfare

willfully disregards any harm or threatened harm to

the child, given the child’s level of maturity,

physical condition or mental abilities. Such

independent activities include but are not limited to:

(1) traveling to and from school including by

walking, running or bicycling,

(2) traveling to and from nearby commercial or

recreational facilities,

(3) engaging in outdoor play,

(4) remaining at home unattended for a reasonable

amount of time,

(5) remaining in a vehicle if the temperature inside

the vehicle is not or will not become dangerously

hot or cold, except under the conditions

described in Section 11-1119 of Title 47 of the

Oklahoma Statutes, or

(6) engaging in similar activities alone or with

other children.

Nothing in this paragraph shall be construed to mean a child is

abused or neglected for the sole reason the parent, legal guardian

or person having custody or control of a child, in good faith,

selects and depends upon spiritual means alone through prayer, in

accordance with the tenets and practice of a recognized church or

religious denomination, for the treatment or cure of disease or

remedial care of such child. Nothing contained in this paragraph

shall prevent a court from immediately assuming custody of a child,

pursuant to the Oklahoma Children’s Code, and ordering whatever

action may be necessary, including medical treatment, to protect the

child’s health or welfare;

50. “Permanency hearing” means a hearing by the court pursuant

to Section 1-4-811 of this title;

51. “Permanent custody” means the court-ordered custody of an

adjudicated deprived child when a parent-child relationship no

longer exists due to termination of parental rights or due to the

death of a parent or parents;

52. “Permanent guardianship” means a judicially created

relationship between a child, a kinship relation of the child, or

other adult established pursuant to the provisions of Section 1-4-

709 of this title;

53. “Person responsible for a child’s health, safety, or

welfare” includes a parent; a legal guardian; custodian; a foster

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 35

parent; a person eighteen (18) years of age or older with whom the

child’s parent cohabitates or any other adult residing in the home

of the child; an agent or employee of a public or private

residential home, institution, facility or day treatment program as

defined in Section 175.20 of Title 10 of the Oklahoma Statutes; or

an owner, operator, or employee of a child care facility as defined

by Section 402 of Title 10 of the Oklahoma Statutes;

54. “Plan of safe care” means a plan developed for an infant

with Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum

Disorder upon release from the care of a health care provider that

addresses the health and substance use treatment needs of the infant

and mother or caregiver;

55. “Protective custody” means custody of a child taken by a

law enforcement officer or designated employee of the court without

a court order;

56. “Putative father” means an alleged father as that term is

defined in Section 7700-102 of Title 10 of the Oklahoma Statutes;

57. “Qualified residential treatment program” means a program

that:

a. has a trauma-informed treatment model that is designed

to address the needs including clinical needs as

appropriate, of children with serious emotional or

behavioral disorders or disturbances and, with respect

to a child, is able to implement the treatment

identified for the child from a required assessment,

b. has registered or licensed nursing staff and other

licensed clinical staff who:

(1) provide care within the scope of their practice

as defined by the laws of this state,

(2) are on-site according to the treatment model

referred to in subparagraph a of this paragraph,

and

(3) are available twenty-four (24) hours a day and

seven (7) days a week,

c. to the extent appropriate, and in accordance with the

child’s best interest, facilitates participation of

family members in the child’s treatment program,

d. facilitates outreach to the family members of the

child including siblings, documents how the outreach

is made including contact information, and maintains

contact information for any known biological family of

the child,

e. documents how family members are integrated into the

treatment process for the child including post-

discharge, and how sibling connections are maintained,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 36

f. provides discharge planning and family-based aftercare

support for at least six (6) months post-discharge,

and

g. is licensed and accredited by any of the following

independent, not-for-profit organizations:

(1) the Commission on Accreditation of Rehabilitation

Facilities (CARF),

(2) the Joint Commission,

(3) the Council on Accreditation (COA), or

(4) any other federally approved independent, not-

for-profit accrediting organization;

58. “Reasonable and prudent parent standard” means the standard

characterized by careful and sensible parental decisions that

maintain the health, safety, and best interests of a child while at

the same time encouraging the emotional and developmental growth of

the child. This standard shall be used by the child’s caregiver

when determining whether to allow a child to participate in

extracurricular, enrichment, cultural, and social activities. For

purposes of this definition, the term “caregiver” means a foster

parent with whom a child in foster care has been placed, a

representative of a group home where a child has been placed or a

designated official for a residential child care facility where a

child in foster care has been placed;

59. “Relative” means a grandparent, great-grandparent, brother

or sister of whole or half blood, aunt, uncle or any other person

related to the child;

60. “Residential child care facility” means a twenty-four-hour

residential facility where children live together with or are

supervised by adults who are not their parents or relatives;

61. “Review hearing” means a hearing by the court pursuant to

Section 1-4-807 of this title;

62. “Risk” means the likelihood that an incident of child abuse

or neglect will occur in the future;

63. “Safety threat” means the threat of serious harm due to

child abuse or neglect occurring in the present or in the very near

future and without the intervention of another person, a child would

likely or in all probability sustain severe or permanent disability

or injury, illness, or death;

64. “Safety analysis” means action taken by the Department in

response to a report of alleged child abuse or neglect that may

include an assessment or investigation based upon an analysis of the

information received according to priority guidelines and other

criteria adopted by the Department;

65. “Safety evaluation” means evaluation of a child’s situation

by the Department using a structured, evidence-based tool to

determine if the child is subject to a safety threat;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 37

66. “Secure facility” means a facility which is designed and

operated to ensure that all entrances and exits from the facility

are subject to the exclusive control of the staff of the facility,

whether or not the juvenile being detained has freedom of movement

within the perimeter of the facility, or a facility which relies on

locked rooms and buildings, fences, or physical restraint in order

to control behavior of its residents;

67. “Sibling” means a biologically or legally related brother

or sister of a child. This includes an individual who satisfies at

least one of the following conditions with respect to a child:

a. the individual is considered by state law to be a

sibling of the child, or

b. the individual would have been considered a sibling

under state law but for a termination or other

disruption of parental rights, such as the death of a

parent;

68. “Specialized foster care” means foster care provided to a

child in a foster home or agency-contracted home which:

a. has been certified by the Developmental Disabilities

Services Division of the Department of Human Services,

b. is monitored by the Division, and

c. is funded through the Home and Community-Based Waiver

Services Program administered by the Division;

69. “Successful adulthood program” means a program specifically

designed to assist a child to enhance those skills and abilities

necessary for successful adult living. A successful adulthood

program may include, but shall not be limited to, such features as

minimal direct staff supervision, and the provision of supportive

services to assist children with activities necessary for finding an

appropriate place of residence, completing an education or

vocational training, obtaining employment, or obtaining other

similar services;

70. “Temporary custody” means court-ordered custody of an

adjudicated deprived child;

71. “Therapeutic foster family home” means a foster family home

which provides specific treatment services, pursuant to a

therapeutic foster care contract, which are designed to remedy

social and behavioral problems of a foster child residing in the

home;

72. “Time-limited reunification services” means reunification

services provided only during the period of fifteen (15) months that

begins on the date the child is considered to have entered foster

care;

73. “Trafficking in persons” means sex trafficking or severe

forms of trafficking in persons as described in Section 7102 of

Title 22 of the United States Code:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 38

a. “sex trafficking” means the recruitment, harboring,

transportation, provision, obtaining, patronizing or

soliciting of a person for the purpose of a commercial

sex act, and

b. “severe forms of trafficking in persons” means:

(1) sex trafficking in which a commercial sex act is

induced by force, fraud, or coercion, or in which

the person induced to perform such act has not

attained eighteen (18) years of age, or

(2) the recruitment, harboring, transportation,

provision, obtaining, patronizing or soliciting

of a person for labor or services, through the

use of force, fraud, or coercion for the purpose

of subjection to involuntary servitude, peonage,

debt bondage, or slavery;

74. “Transitional living program” means a residential program

that may be attached to an existing facility or operated solely for

the purpose of assisting children to develop the skills and

abilities necessary for successful adult living. The program may

include, but shall not be limited to, reduced staff supervision,

vocational training, educational services, employment and employment

training, and other appropriate independent living skills training

as a part of the transitional living program; and

75. “Voluntary foster care placement” means the temporary

placement of a child by the parent, legal guardian or custodian of

the child in foster care pursuant to a signed placement agreement

between the Department or a child-placing agency and the child’s

parent, legal guardian or custodian.
Okla. Stat. tit. 10, § 10-21 — OK Code / Title 10 / Section 10-21
Renumbered as § 109.1 of Title 43 by Laws 1990, c. 188, §
Status: in_force

4, eff. Sept. 1, 1990. (Also renumbered as § 112.1 of Title 43 by Laws 1990, c. 171, § 3, said renumbering is superceded by
Okla. Stat. tit. 10, § 10-1131 — OK Code / Title 10 / Section 10-1131
Renumbered as § 7006-1.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-557.2 — OK Code / Title 10 / Section 10-557.2
Definitions
Status: in_force

As used in the Oklahoma Gestational Agreement Act:

1. "Act" means the Oklahoma Gestational Agreement Act;

2. "Assisted reproduction" means a method of causing pregnancy

other than sexual intercourse. The term includes, but is not

limited to, intrauterine insemination, donation of eggs, donation of

embryos, in vitro fertilization and transfer of embryos and

intracytoplasmic sperm injection;

3. "Court" means any district court of competent jurisdiction

as provided in this act;

4. "Donor" means an individual who contributes a gamete or

gametes or an embryo or embryos for the purpose of assisted

reproduction with no claim to present or future parental rights or

obligations to any resulting child and who is not an intended

parent, gestational carrier or gestational spouse;

Oklahoma Statutes - Title 10. Children Page 106

5. "Gamete" means either the ovum (egg) or the spermatozoon

(sperm);

6. "Gestational agreement" means a written contract between the

gestational carrier, the gestational spouse if applicable, the

intended parents and, optionally, one or more donors, if applicable,

which sets forth the obligations, rights and duties of the parties

to a gestational carrier arrangement;

7. "Gestational carrier" means a woman, whether married or

unmarried, who is neither an intended parent nor a donor and who

agrees to become pregnant with the genetic child of one or more

intended parents and/or one or more donors by means of assisted

reproduction pursuant to a gestational carrier arrangement;

8. "Gestational carrier arrangement" means the process by which

a gestational carrier attempts to become pregnant with a child

through assisted reproduction using any number of gametes or embryos

that are provided by one or more intended parents and/or one or more

donors, who may or may not be genetically related to any intended

parent, and carry and give birth to such child with the intention

that such child will be solely the legal child of the intended

parents. A gestational carrier arrangement does not include any

attempt to conceive, implant or carry a child to which the

gestational carrier or gestational spouse has made any genetic

contribution;

9. "Gestational spouse" means the spouse of the gestational

carrier if the gestational carrier is married at the time the

gestational carrier enters into the gestational agreement. The term

does not apply to any person the gestational carrier marries after

the gestational carrier enters into the gestational agreement.

Unless context clearly requires otherwise, any reference to a

gestational spouse in this act and any action required of a

gestational spouse by this act or any prohibition applicable to a

gestational spouse by this act shall not apply if the gestational

carrier was not married to such person at the time the gestational

carrier entered into the gestational agreement;

10. "Intended parent" means any person who intends to become

the lawful parent of a child conceived, implanted or carried

pursuant to a gestational agreement. The term "intended parent"

shall mean both intended parents or, if only one intended parent is

party to the gestational agreement, then it shall mean such singular

intended parent unless context clearly requires otherwise;

11. "Mental health consultation" means an in-person meeting

with a licensed mental health professional for the purposes of

educating the participants about the effects and potential

consequences of their participation in a gestational carrier

arrangement, and of evaluating any potential psychological issues

and risks posed by a party to a gestational carrier arrangement,

including, but not limited to, the intended parent or parents or the

Oklahoma Statutes - Title 10. Children Page 107

gestational carrier's mental health, external and environmental

factors, ability to manage relationships, potential attachment

issues, and ability to carry out his or her obligations, rights and

duties under a gestational carrier arrangement;

12. "Mental health professional" means an individual who:

a. holds a master's or doctoral degree in the field of

psychiatry, psychology, counseling, social work,

psychiatric nursing or marriage and family therapy,

and

b. is duly licensed, certified, authorized or registered

under the laws of a state to practice in the mental

health field; and

13. "Spouse of the gestational carrier" means a person to whom

the gestational carrier is married, whether or not such person is a

gestational spouse under this act.
Okla. Stat. tit. 10A, § 10A-2-9-104 — OK Code / Title 10A / Section 10A-2-9-104
Interstate Commission for Juveniles
Status: in_force

ARTICLE III

INTERSTATE COMMISSION FOR JUVENILES

A. The compacting states hereby create the “Interstate

Commission for Juveniles”. The Interstate Commission shall be a

body corporate and joint agency of the compacting states. The

Interstate Commission shall have all the responsibilities, powers

and duties set forth herein, and such additional powers as may be

conferred upon it by subsequent action of the respective

legislatures of the compacting states in accordance with the terms

of this compact.

B. The Interstate Commission shall consist of commissioners

appointed by the appropriate appointing authority in each state

pursuant to the rules and requirements of each compacting state and

in consultation with the State Council for Interstate Juvenile

Supervision created hereunder. The commissioner shall be the

compact administrator, deputy compact administrator or designee from

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 472

that state who shall serve on the Interstate Commission in such

capacity under or pursuant to the applicable law of the compacting

state.

C. In addition to the commissioners who are the voting

representatives of each state, the Interstate Commission shall

include individuals who are not commissioners, but who are members

of interested organizations. Such noncommissioner members must

include a member of the national organizations of governors,

legislators, state chief justices, attorneys general, Interstate

Compact for Adult Offender Supervision, Interstate Compact for the

Placement of Children, juvenile justice and juvenile corrections

officials, and crime victims. All noncommissioner members of the

Interstate Commission shall be ex officio (nonvoting) members. The

Interstate Commission may provide in its bylaws for such additional

ex officio (nonvoting) members, including members of other national

organizations, in such numbers as shall be determined by the

Interstate Commission.

D. Each compacting state represented at any meeting of the

Interstate Commission is entitled to one vote. A majority of the

compacting states shall constitute a quorum for the transaction of

business, unless a larger quorum is required by the bylaws of the

Interstate Commission.

E. The Interstate Commission shall meet at least once each

calendar year. The chairperson may call additional meetings and,

upon the request of a simple majority of the compacting states,

shall call additional meetings. Public notice shall be given of all

meetings and meetings shall be open to the public.

F. The Interstate Commission shall establish an executive

committee, which shall include Interstate Commission officers,

members, and others as determined by the bylaws. The executive

committee shall have the power to act on behalf of the Interstate

Commission during periods when the Interstate Commission is not in

session, with the exception of rulemaking and/or amendment to the

compact. The executive committee shall oversee the day-to-day

activities of the administration of the compact managed by an

executive director and Interstate Commission staff; administers

enforcement and compliance with the provisions of the compact, its

bylaws and rules, and performs such other duties as directed by the

Interstate Commission or set forth in the bylaws.

G. Each member of the Interstate Commission shall have the

right and power to cast a vote to which that compacting state is

entitled and to participate in the business and affairs of the

Interstate Commission. A member shall vote in person and shall not

delegate a vote to another compacting state. However, a

commissioner, in consultation with the state council, shall appoint

another authorized representative, in the absence of the

commissioner from that state, to cast a vote on behalf of the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 473

compacting state at a specified meeting. The bylaws may provide for

members’ participation in meetings by telephone or other means of

telecommunication or electronic communication.

H. The Interstate Commission’s bylaws shall establish

conditions and procedures under which the Interstate Commission

shall make its information and official records available to the

public for inspection or copying. The Interstate Commission may

exempt from disclosure any information or official records to the

extent they would adversely affect personal privacy rights or

proprietary interests.

I. Public notice shall be given of all meetings and all

meetings shall be open to the public, except as set forth in the

rules or as otherwise provided in the compact. The Interstate

Commission and any of its committees may close a meeting to the

public where it determines by two-thirds vote that an open meeting

would be likely to:

1. Relate solely to the Interstate Commission’s internal

personnel practices and procedures;

2. Disclose matters specifically exempted from disclosure by

statute;

3. Disclose trade secrets or commercial or financial

information which is privileged or confidential;

4. Involve accusing any person of a crime, or formally

censuring any person;

5. Disclose information of a personal nature where disclosure

would constitute a clearly unwarranted invasion of personal privacy;

6. Disclose investigative records compiled for law enforcement

purposes;

7. Disclose information contained in or related to examination,

operating or condition reports prepared by, or on behalf of or for

the use of, the Interstate Commission with respect to a regulated

person or entity for the purpose of regulation or supervision of

such person or entity;

8. Disclose information, the premature disclosure of which

would significantly endanger the stability of a regulated person or

entity; or

9. Specifically relate to the Interstate Commission’s issuance

of a subpoena, or its participation in a civil action or other legal

proceeding.

J. For every meeting closed pursuant to this provision, the

Interstate Commission’s legal counsel shall publicly certify that,

in the legal counsel’s opinion, the meeting may be closed to the

public, and shall reference each relevant exemptive provision. The

Interstate Commission shall keep minutes which shall fully and

clearly describe all matters discussed in any meeting and shall

provide a full and accurate summary of any actions taken, and the

reasons therefore, including a description of each of the views

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 474

expressed on any item and the record of any roll call vote

(reflected in the vote of each member on the question). All

documents considered in connection with any action shall be

identified in such minutes.

K. The Interstate Commission shall collect standardized data

concerning the interstate movement of juveniles as directed through

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

collection and data exchange and reporting requirements. Such

methods of data collection, exchange and reporting shall insofar as

is reasonably possible conform to up-to-date technology and

coordinate its information functions with the appropriate repository

of records.
Okla. Stat. tit. 10, § 10-7305-1.2 — OK Code / Title 10 / Section 10-7305-1.2
Renumbered as § 2-4-102 of Title 10A by Laws 2009, c
Status: in_force

234, § 186, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1116.6 — OK Code / Title 10 / Section 10-1116.6
See the following versions:
Status: in_force

OS 10-1116.6v1 (HB 1382, Laws 2024, c. 237, § 2).

OS 10-1116.6v2 (SB 696, Laws 2024, c. 347, § 9).
Okla. Stat. tit. 10A, § 10A-2-2-404 — OK Code / Title 10A / Section 10A-2-2-404
Deferral of delinquency adjudication proceedings
Status: in_force

A. A court may defer delinquency adjudication proceedings for

one hundred eighty (180) days, plus an additional one hundred eighty

(180) days as provided in subsection C of this section, if the

child:

1. Is alleged to have committed or attempted to commit a

delinquent offense that if committed by an adult would be a

misdemeanor or a felony;

2. Enters into a stipulation that the allegations are true or

that sufficient evidence exists to meet the burden of proof required

for the court to sustain the allegations of the petition; and

3. Has not been previously adjudicated a delinquent.

If the child is alleged to have committed or attempted to commit

a delinquent offense that if committed by an adult would be a

felony, the deferral shall be upon agreement of the district

attorney.

B. During such period of deferral, the court may require the

following:

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

community service, drug or alcohol education or treatment,

vocational training or any other legal activity which would be

beneficial to the child and the family of the child;

2. Require the child to undergo a behavioral health evaluation

and, if warranted by the mental condition of the child, undergo

appropriate care or treatment;

3. Restitution providing for monetary payment by the parents or

child, or both, to the victim who was physically injured or who

suffered loss of or damage to property as a result of the conduct

alleged;

4. An alternative diversion program; or

5. Any other programs and services that may be provided through

public or private agencies and as approved by the court.

C. The court shall dismiss the case with prejudice at the

conclusion of the deferral period if the child presents satisfactory

evidence that the requirements of the court have been successfully

completed. The court may order a one-hundred-eighty-day extension

of the deferral period if the court determines that the child has

made satisfactory progress and that such extension is necessary to

accomplish treatment goals and objectives.

D. As used in this section, "alternative diversion program"

means a program for juveniles who have been identified by law

enforcement personnel, the district attorney, or the court as having

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 305

committed acts which are not serious enough to warrant adjudication

through the juvenile court process, but which do indicate a need for

intervention to prevent further development toward juvenile

delinquency. The program shall be administered, pursuant to

contract with the Office of Juvenile Affairs, by organizations

designated as youth services agencies by law.
Okla. Stat. tit. 10A, § 10A-2-7-602 — OK Code / Title 10A / Section 10A-2-7-602
Methods of administration - Merit system - Employment
Status: in_force

of superintendent and other personnel - Criminal history records

searches - Superintendent as guardian

A. The Office of Juvenile Affairs shall establish and maintain

such methods of administration, including those necessary to

establish and maintain a merit system of personnel administration,

and shall promulgate such rules as it deems necessary for the

efficient and effective operation of the juvenile institutions and

facilities operated by the Office.

B. The Executive Director of the Office of Juvenile Affairs

shall employ and fix the duties and compensation of a

superintendent, and such other personnel as the Executive Director

deems necessary, for each of the juvenile institutions and

facilities operated by the Office of Juvenile Affairs. The Office

shall promulgate, and in its hiring and employment practices, the

Office shall adhere to, written minimum qualifications by position

for personnel working with or around juveniles in said institutions

and facilities. Such minimum qualifications shall be designed to

assure that such personnel possess sufficient education, training,

experience and background to provide adequate and safe professional

care and services to said juveniles; and that the juveniles will not

be exposed to abuse, deprivation, criminal conduct, or other

unwholesome conditions attributable to employee incompetence or

misconduct.

C. 1. The Office of Juvenile Affairs may directly request

national criminal history records searches as defined by Section

150.9 of Title 74 of the Oklahoma Statutes from the Oklahoma State

Bureau of Investigation for the purpose of investigating the

criminal history of any employee or applicant of the Office of

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 433

Juvenile Affairs. 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.

2. The Board of Juvenile Affairs shall promulgate rules for the

Office of Juvenile Affairs to obtain national criminal history

records for personnel described in subsection B of this section,

except that such rules may permit employment of applicants pending

receipt of the results of national criminal history record searches.

D. The superintendent of a juvenile institution or facility

shall be the guardian of the person of each juvenile in the

institution or facility for the limited purpose of providing care

and protection for any life-threatening situation that may arise.
Okla. Stat. tit. 10, § 10-60 — OK Code / Title 10 / Section 10-60
Renumbered as § 7501-1.1 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7303-7.6 — OK Code / Title 10 / Section 10-7303-7.6
Renumbered as § 2-2-703 of Title 10A by Laws 2009, c
Status: in_force

234, § 183, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-6-109 — OK Code / Title 10A / Section 10A-2-6-109
Expungement of juvenile court record
Status: in_force

A. A person or the child, or the parent, legal guardian or the

attorney for the child, who is the subject of a juvenile court

record may petition the district court in which the juvenile court

record is located for an order to expunge the record pertaining to

the person or the child.

B. The petition for expungement may be filed either as an oral

or written petition for an order to expunge the record pertaining to

the child at the time the case is before the court for a final

review of the ordered disposition pursuant to Section 2-2-503 of

this title or at any time after an informal adjustment agreement has

been successfully completed pursuant to Section 2-2-104 of this

title; provided:

1. The person or child has successfully completed the informal

adjustment agreement, the deferred adjudication, or a period of

probation or custody with a juvenile bureau or the Office of

Juvenile Affairs and the case of the person or child is being, or

has been, dismissed by the court or the court is closing the case

due to lack of jurisdiction upon the person or child reaching

eighteen (18) years of age or nineteen (19) years of age if

jurisdiction of the court was previously extended by the court

pursuant to Section 2-7-504 of this title;

2. The person or child has not been arrested for any adult

criminal offense and no charge, indictment, or information has been

filed or is pending against the person or child at the time of the

petition for an expungement; and

3. All court costs, restitution, fines and other court-ordered

requirements have been completed for the informal adjustment or the

juvenile proceedings.

C. After November 1, 2021, any person who has attained eighteen

(18) years of age or older and has successfully completed an

informal adjustment agreement, a deferred adjudication, or a period

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 391

of probation or custody with a juvenile bureau or the Office of

Juvenile Affairs, and whose case has previously been dismissed, may

petition the court for an order of expungement. In order to be

eligible for an order of expungement, the person must have satisfied

the requirements of paragraphs 1, 2 and 3 of subsection B of this

section.

D. For the purposes of this section, the term "expunge" or

"expungement" shall mean the sealing of juvenile court records.

E. 1. If an adjudication, deferred adjudication, or informal

adjustment of a person or child is being dismissed or has been

dismissed, then upon the receipt of an oral or written petition of

the person, the child, or other authorized person, the court may, if

the state does not object, grant the expungement if the court finds

that the harm to privacy of the person or the child in interest or

dangers of unwarranted adverse consequences outweigh the public

interest in retaining the records.

2. If the court grants the expungement, it shall issue a

written order to any law enforcement agency over which the court has

jurisdiction to expunge all files and records pertaining to the

arrest or adjudication of the person or child and shall order the

clerk of the court to expunge the entire file and record of the

case, including docket sheets, index entries, court records,

summonses, warrants or records in the office of the clerk or which

have been produced by a law enforcement agency in which the name of

the person or the child is mentioned. The court may order probation

officers and counselors of a juvenile bureau or the Office of

Juvenile Affairs to expunge all records, reports and social and

clinical studies relating to the person or the child that are in the

possession of a juvenile bureau or the Office of Juvenile Affairs,

except when the documents are necessary to maintain state or federal

funding.

3. Members of the judiciary, district attorneys, the person or

the child, counsel for the person or the child, employees of

juvenile bureaus and the Office of Juvenile Affairs who are assigned

juvenile court intake responsibilities, and the Department of

Corrections may access records that have been expunged pursuant to

this subsection without a court order for the purpose of determining

whether to dismiss an action, seek a voluntary probation, file a

petition or information, or for purposes of sentencing or placement

in a case where the person or child who is the subject of the sealed

record is alleged to have committed a subsequent juvenile delinquent

act, a youthful offender act, or any adult criminal offense.

Provided, any record sealed pursuant to this section shall be

ordered unsealed upon application of the prosecuting agency when

said records are requested for use in any subsequent juvenile

delinquent, youthful offender or adult prosecution.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 392

F. If the state objected to an oral petition for expungement,

the court shall allow the person or the child, or counsel for the

person or child, to file a written petition for the expungement of

the juvenile court records. Upon the filing of a petition for

expungement of a juvenile court record, the court shall set a date

for a hearing, which hearing may be closed at the court's

discretion, and shall provide a thirty (30) days' notice of the

hearing to the district attorney, the Office of Juvenile Affairs,

the Oklahoma State Bureau of Investigation, and any other person or

agency whom the court has reason to believe may have relevant

information related to the expungement of any record.

G. Upon a finding that the harm to privacy of the person or

child in interest or dangers of unwarranted adverse consequences

outweigh the public interest in retaining the records, the court

shall order the records to be expunged. Any order entered pursuant

to the provisions of this subsection shall specify those agencies to

which the court order shall apply.

H. Upon the entry of an order to expunge any juvenile court

record, or any part thereof, the subject official actions shall be

deemed never to have occurred, and the person or the child in

interest and all juvenile and criminal justice agencies may properly

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

occurred and that no such record exists with respect to the person

or the child.

I. When an order of expungement is issued by the court pursuant

to this section, the court shall require counsel for the person or

the child to prepare a written order of expungement which shall be

signed by the court and filed in the clerk's office of the district

court in which the juvenile court record is located. Copies of the

order of expungement shall be provided or mailed to the person or

the child, as well as the parent or legal guardian of the child, the

prosecuting attorney, the law enforcement agency or agencies that

investigated the case, the detention or jail in which the person or

the child was incarcerated, the juvenile bureau, the Office of

Juvenile Affairs, and the Oklahoma State Bureau of Investigation

directing the entity to expunge the juvenile court records in its

custody as directed in the order.

J. Employers, educational institutions, landlords, state and

local government agencies, officials, and employees shall not, in

any application or interview or in any other way, require an

applicant to disclose any information contained in any expunged

juvenile court records. An applicant need not, in answer to any

question concerning arrest, juvenile and criminal records, provide

information that has been expunged, including any reference to or

information concerning expungement and may state that no such action

has ever occurred. Such an application may not be denied solely

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 393

because of the applicant's refusal to disclose information that has

been expunged.

K. Nothing in this section shall be construed to authorize the

physical destruction of any juvenile records.

L. For the purposes of this section, expunged materials which

are recorded in the same document as unsealed material may be

recorded in a separate document, and sealed, then obliterated in the

original document.

M. For the purposes of this act, district court index reference

of sealed material shall be destroyed, removed or obliterated.

N. Any record ordered to be expunged pursuant to this section

shall be sealed and, if not unsealed within ten (10) years of the

expungement order, may be obliterated or destroyed at the end of the

ten-year period.

O. Subsequent to records being sealed as provided herein, the

district attorney, the Office of Juvenile Affairs, the Oklahoma

State Bureau of Investigation, or other interested person or agency

may petition the court for an order unsealing any records. Upon

filing of a petition, the court shall set a date for hearing, which

hearing may be closed at the court's discretion, and shall provide

thirty (30) days' notice to all interested parties. If, upon

hearing, the court determines there has been a change of conditions

or that there is a compelling reason to unseal the records, the

court may order all or a portion of the records unsealed.

P. Nothing herein shall prohibit the introduction of evidence

regarding actions sealed pursuant to the provisions of this section

at any hearing or trial for purposes of impeaching the credibility

of a witness or as evidence of character testimony pursuant to

Section 2608 of Title 12 of the Oklahoma Statutes.

Q. A person who has attained eighteen (18) years of age or

older may petition the district or municipal court in which the

juvenile court record is located for an order to expunge the record

pertaining to matters involving truancy provided the person has met

the criteria set forth in paragraphs 1 through 3 of subsection B of

this section. The petition shall be reviewed by the district or

municipal judge with primary responsibility over the juvenile court

docket.
Okla. Stat. tit. 10, § 10-7001-1.1 — OK Code / Title 10 / Section 10-7001-1.1
Renumbered as § 1-1-101 of Title 10A by Laws 2009, c
Status: in_force

233, § 209, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-2-401.5 — OK Code / Title 10A / Section 10A-2-2-401.5
Competency evaluation report
Status: in_force

A. The evaluator shall file with the court a written competency

evaluation report within thirty (30) days after the date of the

order of appointment. For good cause shown, the court may extend

the time for filing for a period not to exceed thirty (30) days.

The report shall include the evaluator's opinion as to whether the

child, due to developmental disability, developmental immaturity,

intellectual disability, or mental illness, is currently incapable

of understanding the nature and objective of the proceedings against

the child or of assisting in the child's defense. The report shall

not include the evaluator's opinion as to the details of the alleged

offense as reported by the child, or an opinion as to whether the

child actually committed the offense or could be culpable for

committing the offense. No statement made by a child during an

evaluation or hearing conducted pursuant to this act shall be used

against the child on the issue of responsibility or guilt in

subsequent court proceedings.

B. A competency evaluation report shall address the following

questions:

1. Whether the child is able to understand and appreciate the

charges and their seriousness;

2. Whether the child is able to consult with an attorney and

rationally and factually assist in his or her defense;

3. Whether the child can understand and reasonably participate

in the proceedings;

4. If the answer to question 1, 2 or 3 is no, whether the child

can attain competency within a reasonable time pursuant to Section 7

of this act if provided with a course of treatment, therapy, or

training;

5. Whether the child poses an imminent threat to the life or

safety of him or herself or others; and

6. Whether the child is mentally ill or is a minor in need of

treatment as defined by the Inpatient Mental Health and Substance

Abuse Treatment of Minors Act.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 295

C. If the evaluator concludes that the child's competency is

impaired, but that the child may be rendered competent by reasonable

accommodations, the report shall include recommendations for

reasonable accommodations which the court shall order to assist in

compensating for the competency impairments.

D. If the evaluator concludes there is a substantial

probability that the child could attain competency within the

periods set forth in subparagraph a of paragraph 3 of subsection C

of Section 7 of this act, the competency evaluation report shall

include a recommendation as to the least restrictive setting for

child competency attainment services consistent with the child's

ability to attain competency and the safety of both the child and

the public.

E. The competency evaluation report shall also include:

1. The evaluation procedures used, including psychometric tests

administered, records reviewed, and identity of persons interviewed;

2. Pertinent background information, including history of

educational performance, psychiatric history, and family history;

3. Results of mental status examination; and

4. A description of any psychiatric symptoms or cognitive

deficiencies, including a diagnosis, if one has been made.

F. The court shall provide a copy of each competency evaluation

report it receives to the district attorney and the child's

attorney, and may provide a copy upon request to the child's

parents, legal guardian, and guardian ad litem, if one was

appointed.

G. The expense of an evaluation ordered by the court may be

recovered from the child or the child's parents or legal guardians

based upon their ability to pay. Expenses associated with missed

appointments may be recovered from the child's parents or legal

guardians.
Okla. Stat. tit. 10, § 10-7503-2.3 — OK Code / Title 10 / Section 10-7503-2.3
Permanent relinquishments
Status: in_force

Oklahoma Statutes - Title 10. Children Page 308

A. A permanent relinquishment may be executed by a person whose

consent to the adoption of a minor is required by Section 7503-2.1

of this title. The permanent relinquishment shall be in writing and

shall relinquish all of that individual's rights with respect to the

minor, including legal and physical custody and the right to consent

to the minor's adoption.

B. Permanent relinquishments may be made only to:

1. The Department of Human Services;

2. A child-placing agency; or

3. Any other person, with the written consent of the Department

or court.

C. A permanent relinquishment shall be in writing, executed

before a judge of the district court in this state, recorded by a

court reporter and contain:

1. The date, place, and time of the execution of the permanent

relinquishment;

2. The name and date of birth of the person executing the

permanent relinquishment;

3. The current mailing address, telephone number and social

security number of the person executing the permanent

relinquishment;

4. Instructions that the permanent relinquishment is

irrevocable, except upon the specific grounds specified in Section

7503-2.7 of this title, upon which the permanent relinquishment can

be revoked and the manner in which a motion to set aside the

permanent relinquishment must be filed; and

5. The name of the person or agency as described in subsection

B of this section to whom the permanent relinquishment is being

given and who shall have the right to give consent to the minor’s

adoption.

D. A permanent relinquishment must state:

1. That the person executing the document is voluntarily and

unequivocally consenting to the adoption of the minor;

2. An understanding that after the permanent relinquishment is

executed, it is final and, except for fraud or duress, may not be

revoked or set aside for any reason except as otherwise authorized

by the Oklahoma Adoption Code;

3. That the person executing the permanent relinquishment is

represented by counsel or has waived any right to counsel;

4. That the execution of the permanent relinquishment does not

terminate any duty of the person executing the permanent

relinquishment to support the mother or the minor until the adoption

is completed;

5. That the person executing the permanent relinquishment has

not received or been promised any money or anything of value for the

permanent relinquishment, except for payments authorized by law;

Oklahoma Statutes - Title 10. Children Page 309

6. Whether the individual executing the permanent

relinquishment is a member of an Indian tribe and whether the minor

is eligible for membership or the minor is a member of an Indian

tribe;

7. That the person believes the adoption of the minor is in the

minor's best interest; and

8. That the person executing the permanent relinquishment has

been advised that an adult adopted person born in Oklahoma, whose

decree of adoption is finalized after November 1, 1997, may obtain a

copy of such person's original certificate of birth unless

affidavits of nondisclosure have been filed pursuant to Section

7503-2.5 of this title and that the relinquishing parent may sign an

affidavit of nondisclosure.

E. When it appears to the court that the parent or guardian

executing a permanent relinquishment desires counsel but is indigent

and cannot for that reason employ counsel, the court shall appoint

counsel. In all counties having county indigent defenders, the

county indigent defenders shall assume the duties of representation

in such proceedings.

F. The transcript of the court proceedings pursuant to this

section shall be placed in the court record.

G. The verification of the court shall be in substantially the

following form:

I, _______________, Judge of the District Court in and for

__________ County, State of Oklahoma, a Court having original

adoption jurisdiction, do hereby certify, that upon this day,

__________ personally appeared in open Court, before me, and orally

and in writing executed the above and foregoing permanent

relinquishment for adoption.

In executing this acknowledgement, I further certify that the

said ___________ acknowledged that the person executed said

relinquishment to adoption freely and voluntarily, and that it was

explained to such person by or before me, the undersigned Judge of

the District Court, that in executing the relinquishment, the person

was surrendering all parental authority whatsoever over the minor;

and that with such explanation made to the person relinquishing the

minor by or before me, the undersigned Judge of the District Court,

the person executed the relinquishment, freely, voluntarily and

intelligently for all uses and purposes therein set forth.

I further certify that it was explained to the relinquishing

person that this relinquishment is irrevocable and final except for

fraud or duress and may not be revoked or set aside except and

unless no Petition to Adopt is filed within nine (9) months after

placement of the minor or if this or some other court decides not to

terminate the rights of the other parent of the minor. I further

certify that I am satisfied that the relinquishing person

understands the consequences of an adoption; the relinquishing

Oklahoma Statutes - Title 10. Children Page 310

person has represented that such person has not received or been

promised any money or anything of value for the giving of the

permanent relinquishment except for those payments authorized by

law; the relinquishing person has represented that such person is

not under the influence of alcohol or medication or any other

substance that affects the person's competence; the person fully

understood the English language and communicated in the English

language at all times during said hearing, or all information was

translated into the relinquishing person's language, and was fully

understood by the person; and if the relinquishing person was the

biological parent, such parent was advised regarding the affidavit

of nondisclosure.

H. A permanent relinquishment shall be signed before any judge

of a court having probate or adoption jurisdiction in this state or

in the state of residence of the person executing the permanent

relinquishment.

I. 1. a. If an individual permanently relinquishing the child

resides in a country or place other than the United

States of America, other than a member of the United

States Armed Services stationed abroad, the permanent

relinquishment of the individual may be obtained by a

written instrument signed by such person and

acknowledged before an officer of the legal

subdivision of the government of the place of such

person's residence who is authorized to administer

oaths under the laws of such country or place.

b. If the foreign country's government does not involve

itself in adoption matters, the permanent

relinquishment may be executed before an officer of

the Judge Advocate General's Office of the United

States Armed Services or before an officer of the

United States Embassy located in that country,

provided the execution of a permanent relinquishment

is not a violation of the laws of the foreign country,

or a violation of international law or treaty between

the foreign country's government and the United

States. The permanent relinquishment shall reflect

that the permanent relinquishment is not given or

accepted in violation of the laws of the foreign

country or in violation of international law or treaty

between such foreign country's government and the

United States.

2. If an individual permanently relinquishing the child is a

member of the United States Armed Services stationed in a country or

place other than the United States, the individual's permanent

relinquishment may be acknowledged before an officer of the Judge

Oklahoma Statutes - Title 10. Children Page 311

Advocate General's Office or other legal officer possessing the

authority to administer oaths.

J. If the written instrument containing a permanent

relinquishment is written in a language other than the English

language, the petitioner must have it translated into the English

language by a person qualified to do so, and must file the original

instrument together with the translation with the court. The

translation must be sworn to as being a true and correct translation

by the person translating the document.

K. Except as otherwise required by subsection I of this

section, when the person permanently relinquishing the child for the

purposes of adoption resides outside of Oklahoma, the permanent

relinquishment by such person may be executed in that state or

country in the manner set forth in the Oklahoma Adoption Code or in

the manner prescribed by the laws of the state or country of such

person's residence.

L. 1. A court before which a permanent relinquishment has been

executed may enter an order terminating parental rights of the

parent of a child if such parent has executed a permanent

relinquishment for adoption pursuant to the Oklahoma Adoption Code.

2. Any order terminating parental rights of a parent pursuant

to this subsection shall state that the termination of parental

rights shall not terminate the duty of the parent to support the

child of such parent. The duty of the parent to support the child

shall not be terminated until such time as a final decree of

adoption has been entered.

3. Any proceedings held pursuant to this subsection shall not

require the state as a necessary party.
Okla. Stat. tit. 10, § 10-1430.11 — OK Code / Title 10 / Section 10-1430.11
Standards for group homes
Status: in_force

A. The Department of Human Services shall develop rules

establishing minimum standards for group homes. These standards, at

minimum, shall regulate:

Oklahoma Statutes - Title 10. Children Page 243

1. Location and construction of the home, including plumbing,

heating, lighting, ventilation, and other physical conditions which

shall ensure the health, safety, and comfort of residents and

protection from fire hazards;

2. All sanitary conditions within the group home and its

surroundings, including water supply, sewage disposal, food

handling, and general hygiene, which shall ensure the health and

comfort of residents;

3. Number and qualifications of all personnel, including

management and supervisory, direct care, specialized professional or

paraprofessional and other personnel, having responsibility for any

part of the care given to residents. The Department of Human

Services shall establish staffing requirements for homes which shall

specify the supervision, continuing education, and training

requirements that are needed for care of the residents of the

various types of group homes;

4. An individualized written plan for the training,

habilitation or rehabilitation for each resident of the group home

specifying the training, habilitation or rehabilitation outcomes and

activities for the resident. The plan shall be prepared by the team

of the resident;

5. Competency-based training for the safe administration of

medication and the provision of health-related services, as defined

in Section 1020 of Title 56 of the Oklahoma Statutes, to residents;

6. Accountability for the management and safekeeping of any

funds of the resident which the group home manages; and

7. Conditions and procedures for the involuntary transfer or

discharge of a resident from a group home.

B. The Department may, as necessary and appropriate, establish

a system of classification for group homes based upon the level of

care or treatment, training, habilitation or rehabilitation services

required by residents of the group home, and establish requirements

for each classification.
Okla. Stat. tit. 10, § 10-7700-609 — OK Code / Title 10 / Section 10-7700-609
Limitation in proceeding with acknowledged or
Status: in_force

adjudicated father.

A. If a child has an acknowledged father, a signatory to the

acknowledgment of paternity may commence a proceeding seeking to

challenge the paternity of the child only within the time allowed

under Section 15 or 16 of this act.

B. If a child has an acknowledged father or an adjudicated

father, an individual, other than the child, who is neither a

signatory to the acknowledgment of paternity nor a party to the

adjudication and who seeks an adjudication of paternity of the child

shall commence a proceeding not later than two (2) years after the

effective date of the acknowledgment or adjudication.

Oklahoma Statutes - Title 10. Children Page 409

C. A proceeding under this section is subject to the

application of Section 16 of this act.
Okla. Stat. tit. 10, § 10-7700-309 — OK Code / Title 10 / Section 10-7700-309
Proceeding to challenge acknowledgment or denial –
Status: in_force

Procedure.

Oklahoma Statutes - Title 10. Children Page 400

A. Every signatory to an acknowledgment of paternity and any

related denial of paternity shall be made a party to a proceeding to

challenge the acknowledgment or denial.

B. For the purpose of challenging an acknowledgment of

paternity or a denial of paternity, a signatory submits to personal

jurisdiction of this state by signing the acknowledgment or denial.

C. Except for good cause shown, during the pendency of a

proceeding to challenge an acknowledgment of paternity or denial of

paternity, the court shall not suspend the legal responsibilities of

a signatory arising from the acknowledgment, including the duty to

pay child support.

D. A proceeding to challenge an acknowledgment of paternity or

denial of paternity shall be conducted in the same manner as a

proceeding to adjudicate parentage under Article 6 of the Uniform

Parentage Act.

E. At the conclusion of a proceeding to challenge an

acknowledgment of paternity or denial of paternity, the court shall

order the State Department of Health, Division of Vital Records, to

amend the birth record of the child, if appropriate.
Okla. Stat. tit. 10A, § 10A-1-2-101v2 — OK Code / Title 10A / Section 10A-1-2-101v2
Establishment of statewide centralized hotline for
Status: in_force

reporting child abuse or neglect – Hotline requirements – Reporting

abuse or neglect – Retaliation by employer - Violations.

A. 1. The Department of Human Services shall establish a

statewide centralized hotline for the reporting of child abuse or

neglect to the Department.

2. The Department shall provide hotline-specific training

including, but not limited to, interviewing skills, customer service

skills, narrative writing, necessary computer systems, making case

determinations, and identifying priority situations.

3. The Department is authorized to contract with third parties

in order to train hotline workers.

4. The Department shall develop a system to track the number of

calls received, and of that number:

a. the number of calls screened out,

b. the number of referrals assigned,

c. the number of calls received by persons unwilling to

disclose basic personal information including, but not

limited to, first and last name, and

d. the number of calls in which the allegations were

later found to be unsubstantiated or ruled out.

5. The Department shall electronically record each referral

received by the hotline and establish a secure means of retaining

the recordings for twelve (12) months. The recordings shall be

confidential and subject to disclosure only if a court orders the

disclosure of the referral. The Department shall redact any

information identifying the reporting party unless otherwise ordered

by the court.

B. 1. Every person having reason to believe that a child under

the age of eighteen (18) years is a victim of abuse or neglect shall

report the matter immediately to the Department of Human Services.

Reports shall be made to the hotline provided for in subsection A of

this section. Any allegation of abuse or neglect reported in any

manner to a county office shall immediately be referred to the

hotline by the Department. Provided, however, that in actions for

custody by abandonment, provided for in Section 2-117 of Title 30 of

the Oklahoma Statutes, there shall be no reporting requirement.

2. a. Every school employee having reason to believe that a

student under the age of eighteen (18) years is a

victim of abuse or neglect shall report the matter

immediately to the Department of Human Services and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 44

local law enforcement. Reports to the Department

shall be made to the hotline provided for in

subsection A of this section. Any allegation of abuse

or neglect reported in any manner to a county office

shall immediately be referred to the hotline by the

Department. Provided, however, that in actions for

custody by abandonment, provided for in Section 2-117

of Title 30 of the Oklahoma Statutes, there shall be

no reporting requirement.

b. Every school employee having reason to believe that a

student age eighteen (18) years or older is a victim

of abuse or neglect shall report the matter

immediately to local law enforcement.

c. In reports required by subparagraph a or b of this

paragraph, local law enforcement shall keep

confidential and redact any information identifying

the reporting school employee unless otherwise ordered

by the court. A school employee with knowledge of a

report required by subparagraph a or b of this

paragraph shall not disclose information identifying

the reporting school employee unless otherwise ordered

by the court or as part of an investigation by local

law enforcement or the Department.

3. Every physician, surgeon, or other health care professional

including doctors of medicine, licensed osteopathic physicians,

residents and interns, or any other health care professional or

midwife involved in the prenatal care of expectant mothers or the

delivery or care of infants shall promptly report to the Department

instances in which an infant tests positive for alcohol or a

controlled dangerous substance. This shall include infants who are

diagnosed with Neonatal Abstinence Syndrome or Fetal Alcohol

Spectrum Disorder.

4. No privilege or contract shall relieve any person from the

requirement of reporting pursuant to this section.

5. The reporting obligations under this section are individual,

and no employer, supervisor, administrator, governing body or entity

shall interfere with the reporting obligations of any employee or

other person or in any manner discriminate or retaliate against the

employee or other person who in good faith reports suspected child

abuse or neglect, or who provides testimony in any proceeding

involving child abuse or neglect. Any employer, supervisor,

administrator, governing body or entity who discharges,

discriminates or retaliates against the employee or other person

shall be liable for damages, costs and attorney fees. If a child

who is the subject of the report or other child is harmed by the

discharge, discrimination or retaliation described in this

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 45

paragraph, the party harmed may file an action to recover damages,

costs and attorney fees.

6. Every physician, surgeon, other health care professional or

midwife making a report of abuse or neglect as required by this

subsection or examining a child to determine the likelihood of abuse

or neglect and every hospital or related institution in which the

child was examined or treated shall provide, upon request, copies of

the results of the examination or copies of the examination on which

the report was based and any other clinical notes, x-rays,

photographs, and other previous or current records relevant to the

case to law enforcement officers conducting a criminal investigation

into the case and to employees of the Department of Human Services

conducting an investigation of alleged abuse or neglect in the case.

C. Except as provided in Section 2 of this act, any person who

knowingly and willfully fails to promptly report suspected child

abuse or neglect or who interferes with the prompt reporting of

suspected child abuse or neglect may be reported to local law

enforcement for criminal investigation and, upon conviction thereof,

shall be guilty of a misdemeanor. Except as provided in Section 2

of this act, any person with prolonged knowledge of ongoing child

abuse or neglect who knowingly and willfully fails to promptly

report such knowledge may be reported to local law enforcement for

criminal investigation and, upon conviction thereof, shall be guilty

of a felony. For the purposes of this paragraph, "prolonged

knowledge" shall mean knowledge of at least six (6) months of child

abuse or neglect.

D. 1. Any person who knowingly and willfully makes a false

report pursuant to the provisions of this section or a report that

the person knows lacks factual foundation may be reported to local

law enforcement for criminal investigation and, upon conviction

thereof, shall be guilty of a misdemeanor.

2. If a court determines that an accusation of child abuse or

neglect made during a child custody proceeding is false and the

person making the accusation knew it to be false at the time the

accusation was made, the court may impose a fine, not to exceed Five

Thousand Dollars ($5,000.00) and reasonable attorney fees incurred

in recovering the sanctions, against the person making the

accusation. The remedy provided by this paragraph is in addition to

paragraph 1 of this subsection or to any other remedy provided by

law.

E. Nothing contained in this section shall be construed to

exempt or prohibit any person from reporting any suspected child

abuse or neglect pursuant to subsection B of this section.
Okla. Stat. tit. 10A, § 10A-1-2-101v3 — OK Code / Title 10A / Section 10A-1-2-101v3
Establishment of statewide centralized hotline for
Status: in_force

reporting child abuse or neglect – Hotline requirements – Reporting

abuse or neglect – Retaliation by employer - Violations.

A. 1. The Department of Human Services shall establish a

statewide centralized hotline for the reporting of child abuse or

neglect to the Department.

2. The Department shall provide hotline-specific training

including, but not limited to, interviewing skills, customer service

skills, narrative writing, necessary computer systems, making case

determinations, and identifying priority situations.

3. The Department is authorized to contract with third parties

in order to train hotline workers.

4. The Department shall develop a system to track the number of

calls received, and of that number:

a. the number of calls screened out,

b. the number of referrals assigned,

c. the number of calls received by persons unwilling to

disclose basic personal information including, but not

limited to, first and last name, and

d. the number of calls in which the allegations were

later found to be unsubstantiated or ruled out.

5. The Department shall electronically record each referral

received by the hotline and establish a secure means of retaining

the recordings for twelve (12) months. The recordings shall be

confidential and subject to disclosure only if a court orders the

disclosure of the referral. The Department shall redact any

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 47

information identifying the reporting party unless otherwise ordered

by the court.

B. 1. Every person having reason to believe that a child under

the age of eighteen (18) years is a victim of abuse or neglect shall

report the matter immediately to the Department of Human Services.

Reports shall be made to the hotline provided for in subsection A of

this section. Any allegation of abuse or neglect reported in any

manner to a county office shall immediately be referred to the

hotline by the Department. Provided, however, that in actions for

custody by abandonment, provided for in Section 2-117 of Title 30 of

the Oklahoma Statutes, there shall be no reporting requirement.

2. a. Every school employee having reason to believe that a

student under the age of eighteen (18) years is a

victim of abuse or neglect shall report the matter

immediately to the Department of Human Services and

local law enforcement. Reports to the Department

shall be made to the hotline provided for in

subsection A of this section. Any allegation of abuse

or neglect reported in any manner to a county office

shall immediately be referred to the hotline by the

Department. Provided, however, that in actions for

custody by abandonment, provided for in Section 2-117

of Title 30 of the Oklahoma Statutes, there shall be

no reporting requirement.

b. Every school employee having reason to believe that a

student age eighteen (18) years or older is a victim

of abuse or neglect shall report the matter

immediately to local law enforcement.

c. In reports required by subparagraph a or b of this

paragraph, local law enforcement shall keep

confidential and redact any information identifying

the reporting school employee unless otherwise ordered

by the court. A school employee with knowledge of a

report required by subparagraph a or b of this

paragraph shall not disclose information identifying

the reporting school employee unless otherwise ordered

by the court or as part of an investigation by local

law enforcement or the Department.

3. Every physician, surgeon, or other health care professional

including doctors of medicine, licensed osteopathic physicians,

residents and interns, or any other health care professional or

midwife involved in the prenatal care of expectant mothers or the

delivery or care of infants shall promptly report to the Department

instances in which an infant tests positive for alcohol or a

controlled dangerous substance. This shall include infants who are

diagnosed with Neonatal Abstinence Syndrome or Fetal Alcohol

Spectrum Disorder.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 48

4. No privilege or contract shall relieve any person from the

requirement of reporting pursuant to this section.

5. The reporting obligations under this section are individual,

and no employer, supervisor, administrator, governing body or entity

shall interfere with the reporting obligations of any employee or

other person or in any manner discriminate or retaliate against the

employee or other person who in good faith reports suspected child

abuse or neglect, or who provides testimony in any proceeding

involving child abuse or neglect. Any employer, supervisor,

administrator, governing body or entity who discharges,

discriminates or retaliates against the employee or other person

shall be liable for damages, costs and attorney fees. If a child

who is the subject of the report or other child is harmed by the

discharge, discrimination or retaliation described in this

paragraph, the party harmed may file an action to recover damages,

costs and attorney fees.

6. Every physician, surgeon, other health care professional or

midwife making a report of abuse or neglect as required by this

subsection or examining a child to determine the likelihood of abuse

or neglect and every hospital or related institution in which the

child was examined or treated shall provide, upon request, copies of

the results of the examination or copies of the examination on which

the report was based and any other clinical notes, x-rays,

photographs, and other previous or current records relevant to the

case to law enforcement officers conducting a criminal investigation

into the case and to employees of the Department of Human Services

conducting an investigation of alleged abuse or neglect in the case.

C. Any person who knowingly and willfully fails to promptly

report suspected child abuse or neglect or who interferes with the

prompt reporting of suspected child abuse or neglect may be reported

to local law enforcement for criminal investigation and, upon

conviction thereof, shall be guilty of a misdemeanor. Any person

with prolonged knowledge of ongoing child abuse or neglect who

knowingly and willfully fails to promptly report such knowledge may

be reported to local law enforcement for criminal investigation and,

upon conviction thereof, shall be guilty of a Class D1 felony

offense and shall be punished by imprisonment as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes. For the purposes of this paragraph, "prolonged knowledge"

shall mean knowledge of at least six (6) months of child abuse or

neglect.

D. 1. Any person who knowingly and willfully makes a false

report pursuant to the provisions of this section or a report that

the person knows lacks factual foundation may be reported to local

law enforcement for criminal investigation and, upon conviction

thereof, shall be guilty of a misdemeanor.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 49

2. If a court determines that an accusation of child abuse or

neglect made during a child custody proceeding is false and the

person making the accusation knew it to be false at the time the

accusation was made, the court may impose a fine, not to exceed Five

Thousand Dollars ($5,000.00) and reasonable attorney fees incurred

in recovering the sanctions, against the person making the

accusation. The remedy provided by this paragraph is in addition to

paragraph 1 of this subsection or to any other remedy provided by

law.

E. Nothing contained in this section shall be construed to

exempt or prohibit any person from reporting any suspected child

abuse or neglect pursuant to subsection B of this section.
Okla. Stat. tit. 10, § 10-440 — OK Code / Title 10 / Section 10-440
Office of Child Care - Establishment - Qualification for
Status: in_force

federal child care and development block grant funds - Duties.

There is hereby established within the Department of Human

Services the Office of Child Care. The Office of Child Care shall:

1. Develop a state child care plan to qualify for federal child

care and development block grant funds.

Such plan shall:

a. Provide to the maximum extent practicable that parents

or guardians of each eligible child be given the

option to enroll such child with a child care provider

that has a grant or contract for the provision of

child care services with the Department of Human

Services, which is selected by the parent or guardian,

or to receive a child care certificate, as defined in

Chapter 6 of the Omnibus Budget Reconciliation Act of

1990, of value commensurate with the subsidy value of

child care services provided through contract or

grant;

b. Provide that nothing in the plan shall preclude the

use of child care certificates for sectarian child

care services if freely chosen by the parents;

2. Oversee distribution of state and federal funds related to

child care;

3. Provide technical assistance to employers who are interested

in exploring child care benefits and community child care needs;

4. Assist the Oklahoma Department of Commerce in promoting

Oklahoma as a state that cares about families and children;

5. Address barriers that limit the availability of care for

children with handicaps, infants, school-age children and children

whose parents work nontraditional hours;

6. Provide oversight, training and technical assistance to

resource and referral programs;

7. Coordinate the provision of training statewide for child

care providers;

Oklahoma Statutes - Title 10. Children Page 99

8. Increase community awareness of the need for quality child

care which is both available and affordable;

9. Serve as a clearinghouse for child care data, resources and

initiatives;

10. Cooperate with the Office of Management and Enterprise

Services regarding child care benefits for state employees; and

11. Advise parents that no outside child care can ever be as

effective and beneficial as devoted loving care within the home, and

encourage parents to care for their children themselves, in their

own home, whenever possible.Oklahoma Statutes - Title 10. Children Page 5
Okla. Stat. tit. 10, § 10-7003-5.4 — OK Code / Title 10 / Section 10-7003-5.4
Renumbered as § 1-7-104 of Title 10A by Laws 2009, c
Status: in_force

233, § 278, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-2-103 — OK Code / Title 10A / Section 10A-2-2-103
Municipal jurisdiction of children – Interlocal
Status: in_force

agreements – Municipal juvenile facility - Fines.

A. 1. A municipality with a population of at least twenty-five

thousand (25,000) may, by written resolution filed with the district

court, assume jurisdiction of cases involving children under

eighteen (18) years of age charged with violating any municipal

ordinance identified in the resolution.

2. Any other municipality may enter into an interlocal

agreement with the district court pursuant to the Interlocal

Cooperation Act, to assume jurisdiction of cases involving children

under eighteen (18) years of age charged with violating any

municipal ordinance as agreed by the district court, the district

attorney and the municipality.

3. The chief juvenile judge of the district court judicial

district, or if there is no chief judge then the presiding judge of

the judicial administrative district, is hereby authorized to enter

into the interlocal agreement as provided for in this section for

and on behalf of said judicial district if the judge determines that

the agreement is constitutional and complies with state and federal

law.

B. 1. A child under eighteen (18) years of age who is taken

into custody for the alleged violation of a municipal ordinance

relating to truancy may be held pursuant to Section 10-109 of Title

70 of the Oklahoma Statutes.

2. A child under eighteen (18) years of age who is taken into

custody for the alleged violation of a municipal ordinance relating

to curfews may be held temporarily under the care of a peace officer

or other person employed by a police department only until the

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

other responsible adult assumes custody or, if such a person cannot

be located within a reasonable time of the taking of the child into

custody or if such a person refuses to assume custody, until

temporary shelter is found for the child. The temporary custody

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 278

provided for by this paragraph shall be utilized as a means of

returning the child to the home of the child or other place of

shelter.

3. In no event shall the child be placed in a jail, lockup or

adult detention facility. In no event shall the child be placed in

a juvenile detention facility for more than twenty-four (24) hours,

excluding weekends and holidays, prior to an initial court

appearance and for an additional twenty-four (24) hours excluding

weekends and holidays, immediately following an initial court

appearance; provided, however, this provision shall not restrict or

prohibit placing a child in a community intervention center pursuant

to Section 9 of this act.

4. Notwithstanding any other provision of this Code, a child

less than eighteen (18) years of age, who is taken into custody for

the alleged violation of a municipal ordinance, and who can be

prosecuted in municipal court for such offense pursuant to

jurisdiction assumed by the municipal court pursuant to the

provisions of paragraph 1 of this subsection, may be temporarily

detained by the municipality in a municipal juvenile facility, as

defined by this section, but only pursuant to the following

conditions:

a. the municipality shall immediately take all reasonable

steps to attempt to locate the parent of the child,

legal guardian, legal custodian, attorney or another

responsible adult and determine if the parent, legal

guardian, legal custodian, attorney or other

responsible adult is willing to appear at the

municipal juvenile facility and assume personal

custody of the child upon the release of the child

from such facility,

b. the child shall be released to the personal custody of

the parent of the child, legal guardian, legal

custodian, attorney or other responsible adult as soon

as practicable and upon the written promise of such

person to return the child to municipal court to

answer the municipal charges on the date and at the

time set by the municipal court and to assume

responsibility for costs for damages by the child if

the child causes damages while committing any acts in

violation of municipal ordinances. Municipalities may

enact ordinances providing penalties for failure to

comply with the written promise and for refusal to

assume custody of a child in a timely manner,

c. the child shall be detained in the municipal juvenile

facility for no longer than twenty-four (24) hours;

provided, if the parent of the child, legal guardian,

legal custodian, attorney or other responsible adult

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 279

fails to appear at the municipal juvenile facility and

assume personal custody of the child within said

twenty-four-hour period, then custody or release of

the child shall be determined pursuant to the

provisions of Section 40 of this act,

d. the child shall be provided with adequate fresh

drinking water,

e. the child shall be provided with adequate food not

less than three times in a twenty-four-hour period,

f. the child shall be provided with adequate bathroom

facilities and bedding, and

g. the child shall be provided with any necessary medical

care and treatment.

C. For the purposes of this section, a "municipal juvenile

facility" shall mean a secure facility which is entirely separate

from any jail, adult lockup, or other adult facility, or is

spatially separate if contained inside any jail, adult lockup, or

other adult facility which is certified by the Office of Juvenile

Affairs for the temporary detention of juveniles as authorized by

the provisions of this section.

1. A municipal juvenile facility shall be certified by the

Office of Juvenile Affairs pursuant to the applicable certification

standards. The Office of Juvenile Affairs is directed to and shall

establish standards for certification of municipal juvenile

facilities to include but not be limited to the conditions set forth

in subparagraphs a through g of paragraph 4 of subsection B of this

section.

2. Each member of the staff of the municipal juvenile facility

shall have satisfactorily completed a training program provided or

approved by the Office of Juvenile Affairs. The Office of Juvenile

Affairs is directed to and shall provide or approve an appropriate

training program for staff members of such facilities.

3. A municipality may contract with an independent public or

private facility properly certified by the Office of Juvenile

Affairs for performance of the detention services authorized by the

provisions of this section.

4. The provisions of this section shall not restrict or limit

the use of municipal juvenile facilities for detention of juveniles

who are detained pursuant to other provisions of law.

5. In no event shall a juvenile be held in an adult facility

that does not meet the definition of a municipal juvenile facility.

D. 1. A child less than eighteen (18) years of age may be

charged, prosecuted and, if convicted, fined for violating a

municipal ordinance; provided, that the maximum fine which may be

imposed shall not exceed the maximum fine authorized by law.

2. When assessing punishment, the court also may require

appropriate community service work, not to exceed ninety (90) hours,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 280

in lieu of or in addition to a fine if the product of multiplying

the number of hours of community service work by the prevailing

minimum wage plus any fine imposed does not result in a number which

exceeds the maximum fine authorized by law, or restitution, or both

community service work and restitution. The court may also impose

costs as authorized by law.

3. If the child fails to complete the community service, a

parent or guardian of the child who knew or should have known that

the child failed to complete the community service may be fined an

amount equal to the number of community service hours that are not

completed by the child multiplied by the hourly minimum wage amount.

4. In addition, during any calendar year that any child:

a. fails to appear for a court date on more than one

occasion,

b. is convicted of two or more of the municipal offenses,

which offenses occurred on different days, or

c. fails to pay any fine or cost properly assessed by a

municipal court,

and after the expiration of ninety (90) days, the court clerk shall

mail notice of such occurrence to the Department of Public Safety,

which Department shall thereafter suspend or deny driving privileges

for such child for six (6) months. The suspension may be modified

as provided in Section 6-107.2 of Title 47 of the Oklahoma Statutes.

In addition, the court may require the child to receive counseling

or other community-based services, as necessary.

E. If a child is prosecuted for an offense in a municipal

court, the child shall not be prosecuted for the offense in the

district court.

F. Any fines and costs properly assessed against any child and

which remain unpaid after three (3) months may be assessed by the

municipal judge against the parent of the child, parents, legal

guardian or legal custodian and collected and paid as provided for

in Articles XXVII and XXVIII of Title 11 of the Oklahoma Statutes.

Provided however, prior to such latter assessment, the court clerk

shall give the parent of the child, parents, legal guardian or legal

custodian notice by certified mail to their place of residence or

personal service of such action proposed to be taken.

G. All municipal arrest records, prosecution records, court

records, and court proceedings for cases involving children less

than eighteen (18) years of age charged with violating municipal

ordinances shall be kept confidential and shall not be open to

public inspection except by order of the municipal court or as

otherwise provided by Chapter 6 of this Code and Section 620.6 of

Title 10 of the Oklahoma Statutes. Municipal conviction records

involving children less than eighteen (18) years of age convicted of

violating municipal ordinances shall be open to public inspection.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 281

H. Funds generated from fines paid pursuant to an interlocal

agreement between a municipality and the district court shall be

earmarked and used by the municipality only for the following

purposes:

1. To fund local programs which address problems of juvenile

crime;

2. To fund the costs of prosecutions authorized pursuant to the

provisions of this section;

3. To fund the costs of detention authorized pursuant to the

provisions of this section;

4. To fund administrative costs related to local programs that

address problems of juvenile crime or related to the prosecution,

detention, or punishment authorized pursuant to the provisions of

this section; and

5. To fund the costs of community intervention centers

authorized pursuant to Section 9 of this act.

Such earmarked funds shall not be used by the municipality for

any purpose other than the purposes set forth in paragraphs 1

through 5 of this subsection.
Okla. Stat. tit. 10A, § 10A-1-4-813 — OK Code / Title 10A / Section 10A-1-4-813
Postadoption agreements with birth relatives
Status: in_force

A. 1. When the court, pursuant to Section 1-4-812 of this

title, finds that a deprived child should be placed for adoption,

nothing in the adoption laws of this state shall be construed to

prevent the petitioners for adoption of the child from voluntarily

entering into a written agreement with the birth relatives,

including a birth parent, to permit postadoption contact between the

birth relatives and the child. The postadoption contact agreement

shall be issued by the court in a separate instrument at the time an

adoption decree is entered if the court finds the agreement is

voluntary, does not pose a threat to the safety of the child, and is

in the best interests of the child.

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

parent, stepparent, grandparent, great-grandparent, sibling, uncle

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

marriage, provided a sibling relationship may be by whole or half

blood, marriage, or affinity through a common legal or biological

parent. For an Indian child, birth relative includes members of the

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

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

person who has reached eighteen (18) years of age and who is the

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

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

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 155

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

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

3. If a child who is separated from a sibling is ordered to be

placed for adoption, the court shall order that the Department shall

take all of the following steps to facilitate ongoing sibling

contact or visitation:

a. provide information to prospective adoptive parents

about the importance of sibling relationships to the

adopted child and counseling on methods for

maintaining sibling relationships,

b. provide prospective adoptive parents with information

about siblings of the child; provided, the address

where the siblings reside shall not be disclosed

unless authorized by a court order for good cause

shown, and

c. encourage prospective adoptive parents to make a plan

for facilitating postadoptive contact between the

child who is the subject of a petition for adoption

and any siblings of that child.

4. The terms of the postadoption agreement executed under this

section shall be limited to, but need not include, the following if

the child has an existing relationship with the birth relative:

a. provisions for visitation between the child and the

birth relatives,

b. provisions for contact between birth relatives and the

child or an adoptive parent, or both,

c. provisions for the adoptive parent to facilitate

sibling contact or visitation, and

d. provisions for the sharing of information about the

child.

5. The terms of any postadoption agreement shall be limited to

the sharing of information about the child if the child did not have

an existing relationship with the birth relative.

B. 1. A postadoption agreement is not legally enforceable

unless the terms of the agreement are contained in a written court

order entered in accordance with this section.

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

action. The order shall be issued by separate instrument at the

time an adoption decree is entered.

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

of the order have been approved in writing by the prospective

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

the agreement, the child, if twelve (12) years of age or older, and,

if the child is in the custody of the Department of Human Services,

a representative of the Department. The child shall be represented

by an attorney for purposes of consent to the postadoption

agreement.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 156

4. The postadoption agreement approved by the court regarding

sibling contact or visitation shall be provided by the Department to

the adoptive parent or parents, foster parent, relative caretaker,

legal guardian of the child and siblings or others as necessary to

facilitate the sibling contact or visitation.

C. Failure to comply with the terms of the postadoption

agreement as ordered by the court pursuant to this section shall not

be grounds for:

1. Setting aside an adoption decree;

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

consent has become irrevocable;

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

4. Preventing the adoptive parent or parents of the child from

changing residence within or outside the state.

D. 1. Although the entry of the decree of adoption terminates

the jurisdiction of the juvenile court over the child, the

enforcement of the postadoption agreement and subsequent order shall

be under the continuing jurisdiction of the court granting the

petition for adoption.

2. The court may not order compliance with the agreement absent

a finding that the party seeking the enforcement participated in

good faith in mediation or other appropriate dispute resolution

proceedings regarding the conflict prior to the filing of the

enforcement action, and that the enforcement is in the best

interests of the child. Documentary evidence or offers of proof may

serve as the basis for the court’s decision regarding enforcement.

No testimony or evidentiary hearing shall be required.

3. The prevailing party may be awarded reasonable attorney fees

and costs. All costs and fees of mediation or other appropriate

dispute resolution proceedings shall be borne by each party,

excluding the child.

E. A postadoption agreement may be modified or terminated only

if the court finds that the modification or termination is necessary

to serve the best interests of the child, and is agreed to by all

parties, including the child if the child is twelve (12) years of

age or older at the time of the requested modification or

termination.
Okla. Stat. tit. 10, § 10-7508-1.3 — OK Code / Title 10 / Section 10-7508-1.3
Confidential intermediary search program
Status: in_force

A. The Department of Human Services shall establish a search

program whereby the services of a confidential intermediary who has

been certified through the program may be used by eligible persons

listed in subsection B of this section to locate an adult biological

relative listed in subsection B of this section with whom contact

Oklahoma Statutes - Title 10. Children Page 376

has been lost through adoption or termination of parental rights

proceedings.

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

section, the following persons may request a search or be the

subject of a search through the confidential intermediary search

program:

1. An adult adopted person;

2. An adult person who has a parent whose parental rights have

been terminated;

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

incompetent child of a deceased adopted person;

4. An adult descendant of a deceased adopted person;

5. 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;

6. An adult descendant of a deceased person whose biological

parent's parental rights have been terminated;

7. A biological parent whose parental rights were voluntarily

or involuntarily terminated by court order in an adoption, juvenile,

guardianship, or domestic relations proceeding;

8. An adult biological sibling or biological grandparent of an

adult adopted person or of an adult person who has a parent whose

parental rights have been terminated; and

9. The sibling of a deceased biological parent whose parental

rights were voluntarily or involuntarily terminated by court order

in an adoption, juvenile, guardianship, or domestic relations

proceeding.

C. A search through the confidential intermediary program may

not be performed on behalf of:

1. Anyone who has not previously registered with the Mutual

Consent Voluntary Registry at least six (6) months prior to

submission of the application for services through the confidential

intermediary search program;

2. 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;

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

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

or in an adoptive or foster family or other placement whose location

is known to that adult; or

4. Anyone who has previously initiated a search for a

biological parent that refused to share identifying information,

communicate, or meet, and who initiates a subsequent search for a

biological relative of that biological parent.

D. If a biological relative of an adopted person, other than a

biological parent, applies to initiate a search or is the subject of

a search, the administrator of the confidential intermediary search

Oklahoma Statutes - Title 10. Children Page 377

program shall ascertain from the State Registrar of Vital Statistics

whether an affidavit of nondisclosure by a biological parent of the

adopted person is on file. If such an affidavit is filed with the

State Registrar and has not been revoked, the administrator of the

search program shall decline to initiate a search at the request of

or for any biological relative of the parent who filed the affidavit

of nondisclosure, unless the person initiating the search can

provide satisfactory proof that the biological parent who filed the

affidavit of nondisclosure is deceased.

E. The Department of Human Services shall administer, directly

or through a contractor, the confidential intermediary search

program. The Department of Human Services shall adopt rules and

procedures necessary to implement the search program, including but

not limited to the qualifications, minimum standards for training

and certification, and standards of conduct for a confidential

intermediary. A person shall not act as a confidential intermediary

unless the person has completed the training required by the

Department of Human Services, signed and filed an oath of

confidentiality with the Department of Human Services, and possesses

a confidential intermediary certificate issued by the Department of

Human Services.

F. The Department of Human Services shall develop an oath of

confidentiality, which must be signed under penalty of perjury by

each prospective confidential intermediary prior to receiving

certification. In the oath, the intermediary shall affirm that:

1. The intermediary has completed the requisite training for a

confidential intermediary as required by the Department of Human

Services;

2. The intermediary will not disclose to anyone, directly or

indirectly, identifying or confidential information in the records

or otherwise obtained through the intermediary's participation in

the search program, except under the conditions specified in this

section;

3. The intermediary will conduct a reasonable search for an

individual being sought and make a discreet and confidential inquiry

as to whether the individual consents to release of identifying

information or medical information or to meeting or communicating

with the individual initiating the search, and will report back to

the administrator of the program the results of the intermediary's

search and inquiry;

4. If the individual initiating the search and the individual

being sought consent in writing to meet or to communicate with each

other, the intermediary will act in accordance with the instructions

of the administrator of the program to facilitate any meeting or

communication between them;

Oklahoma Statutes - Title 10. Children Page 378

5. The intermediary will not accept any fee or compensation for

the intermediary's services except as authorized by the

administrator of the search program and the Oklahoma Statutes; and

6. The intermediary recognizes that unauthorized release of

information is a violation of this section and Section 7505-1.1 of

this title and may subject the intermediary to a fine or

imprisonment or both, to civil liability, and to loss of

certification as a confidential intermediary.

G. 1. After an eligible person described in subsection B of

this section has:

a. completed an application to initiate a search,

b. provided satisfactory proof of identity to the

administrator of the program, and

c. paid the fee established by the Department of Human

Services for initiating a search,

the administrator of the search program shall assign the search to a

confidential intermediary certified by the Department of Human

Services.

2. The confidential intermediary shall be permitted to inspect:

a. all court records relevant to the adoption or

termination of parental rights proceeding,

b. the original certificate of birth, or other sealed

adoption records, and other relevant records, if any,

in the possession of the State Registrar of Vital

Statistics, and

c. all relevant records in the possession of the

Department of Human Services.

3. The confidential intermediary must present to the custodians

of such records documentary proof of the intermediary's

certification and the referral form from the administrator of the

search program prior to obtaining access to any of these records.

4. The confidential intermediary may also inspect records in

the possession of a private adoption agency or a private attorney,

but only if the private agency or attorney voluntarily agrees to

cooperate and permits the examination.

5. The confidential intermediary shall keep confidential all

information obtained during the course of the investigation, except

as disclosure is permitted by this section.

H. 1. If the confidential intermediary is able to locate the

subject of the search, the confidential intermediary shall make a

discreet and confidential inquiry as to whether the person who is

the subject of the search will consent to share identifying

information, communicate, or meet with the person who initiated the

search.

2. The inquiry to the person who is the subject of the search

shall be by personal and confidential contact. The inquiry shall be

Oklahoma Statutes - Title 10. Children Page 379

made without disclosing the identifying information about the person

who initiated the search.

3. If the person who is the subject of the search is willing to

share identifying information, communicate, or meet with the person

who initiated the search, the confidential intermediary shall obtain

this consent in writing, in a document that is dated and signed by

the subject of the search.

4. If the person who is the subject of the search is not

willing to share identifying information, meet, or communicate with

the person who initiated the search, the confidential intermediary

shall attempt to obtain any nonidentifying medical or social history

information that has been requested by the person who has initiated

the search.

5. If the confidential intermediary discovers the subject of

the search is deceased, the confidential intermediary shall include

this information and, if the deceased subject is a biological

parent, shall include the identity of the biological parent in the

written report.

I. 1. Any written consent and nonidentifying information

obtained by the confidential intermediary, along with a written

report of the results of the intermediary's search and inquiry,

shall be transmitted to the administrator of the confidential

intermediary program.

2. If the confidential intermediary is unable to locate the

subject of the search, the intermediary shall report this to the

administrator of the program and include in this written report a

description of the search efforts.

3. If the confidential intermediary discovers that the identity

of the biological father was unknown or not revealed by the

biological mother, the confidential intermediary shall also include

this information in the written report.

J. 1. Upon receipt of the report of the confidential

intermediary, the administrator of the search program shall contact

the person who initiated the search.

2. If the subject of the search agreed to share identifying

information, communicate, or meet, the administrator shall relay

this information and obtain the written consent of the person who

initiated the search before arranging the sharing of identifying

information, communication, or meeting between them.

3. Upon receiving the written consent of both the initiator and

the subject of the search, the administrator may utilize the

services of the confidential intermediary to facilitate a

communication or meeting.

4. If nonidentifying medical or social history information was

obtained, the administrator shall provide a copy of the

nonidentifying information to the person who initiated the search.

If the intermediary was unable to locate the subject of the search

Oklahoma Statutes - Title 10. Children Page 380

or the subject is deceased or did not consent to exchange

identifying information, communicate, or meet, the administrator

shall share that information with the initiator of the search.

5. If the subject of the search is a biological parent who is

deceased, the administrator shall provide the initiator of the

search with any identifying information available regarding the

deceased biological parent, if the initiator of the search consents

in writing to receive the information.

K. If the initiator of a search subsequently applies to the

court for an order allowing the release of identifying information

for good cause shown, after the subject of the search has refused to

share identifying information, communicate, or meet, the initiator

shall advise the court in such person's motion of the results of the

search. Upon the request of the court, the administrator of the

program shall disclose to the court the report of the confidential

intermediary regarding the results of the search, including any

information about why the subject of the search objected to

disclosure or contact.

L. Any information obtained by a confidential intermediary

during the course of such person's investigation shall be kept

strictly confidential and shall be disclosed and utilized only in

the manner permitted by this section.

M. Any person who discloses information obtained during the

course of a search performed under this section 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.

N. Any reports and other information collected as a result of a

search performed under this section shall be retained by the

administrator of the search program for twenty-two (22) years

following the date of the initial application for the search.

O. The Department may charge the person who initiates the

search for the actual expenses incurred in providing the service

requested under this section and a reasonable fee for compensation

of the confidential intermediary and the administration of this

program.
Okla. Stat. tit. 10, § 10-7302-6.7 — OK Code / Title 10 / Section 10-7302-6.7
Renumbered as § 2-7-607 of Title 10A by Laws 2009, c
Status: in_force

234, § 174, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-557.11 — OK Code / Title 10 / Section 10-557.11
Rights of child – Parent-child relationship
Status: in_force

A. Upon the validation by the court of a gestational agreement

conforming with the requirements of the Oklahoma Gestational

Agreement Act, any child born as a result of an assisted

reproduction procedure to a gestational carrier under the

gestational agreement shall be considered at law in all respects the

same as a naturally conceived legitimate child of the intended

parents. The parent-child relationship shall exist solely between

such intended parents and such child regardless of the fact that the

gestational carrier gave birth to the child or that the spouse of

the gestational carrier is or was married to the gestational carrier

at or before the time of such birth. The gestational carrier and

any spouse of the gestational carrier if she is married shall have

no parental rights or obligations with respect to such child.

B. A person acting in the capacity of a donor shall not be a

parent of a child conceived as a result of assisted reproduction

under a gestational carrier arrangement and shall have no rights or

obligations with respect to such child.
Okla. Stat. tit. 10A, § 10A-2-7-705 — OK Code / Title 10A / Section 10A-2-7-705
Responsibility for implementation and evaluation of
Status: in_force

act – Contracts with eligible entities – Outcome-based performance

reports.

A. The Office of Juvenile Affairs shall have the responsibility

for implementation and evaluation of the Delinquency and Youth Gang

Intervention and Prevention Act and any modifications thereto.

B. Any contract executed by the Office of Juvenile Affairs with

an eligible entity on and after the effective date of this act for

delinquency prevention and early intervention programs, subject to

the Delinquency and Youth Gang Intervention and Prevention Act,

shall require the eligible entity to prepare and submit to the

Office, in a manner prescribed by the Office, an outcome-based

performance report including, but not limited to, the following:

1. A description of the target population, service eligibility

criteria, and risk factors;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 451

2. A description of program services, the number of clients

referred each year, the number of clients served each year, and the

number of clients discharged each year;

3. The average cost per client participating in program

services each year; and

4. Performance measures referencing service completion and

recidivism which employ uniform definitions developed by the Office.

C. The Office of Juvenile Affairs shall submit to the Speaker

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

Senate, and the Governor by January 15 of each year, an annual

report, including a summary detailing the following information

derived from the outcome-based performance reports submitted by the

eligible entities pursuant to the provisions of subsection A of this

section and other information available to the Office:

1. Total amount of funds per state fiscal year expended for the

delinquency prevention programs subject to the Delinquency and Youth

Gang Intervention and Prevention Act;

2. Average expenditures per juvenile during the most recent

state fiscal year;

3. Analyses of the nature and effectiveness of gang-related

delinquency prevention and early intervention programs provided by

eligible entities pursuant to contracts;

4. Effectiveness of each of the programs provided by the

eligible entities;

5. Recommendations regarding distribution of the funds based

upon the effectiveness of the programs provided by the eligible

entities; and

6. Any other information or recommendations deemed necessary by

the Board of Juvenile Affairs.Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 7
Okla. Stat. tit. 10A, § 10A-1-6-107 — OK Code / Title 10A / Section 10A-1-6-107
Confidentiality - Violation - Penalty
Status: in_force

A. The reports required by Section 1-2-101 of this title and

all other information acquired pursuant to the Oklahoma Children’s

Code shall be confidential and may be disclosed only as provided by

this Code, applicable state or federal law, regulation, or court

order.

B. The confidential records and information that are authorized

to be disclosed pursuant to this Chapter shall remain confidential

and the use of such information shall be limited to the purposes for

which disclosure is authorized. Persons or agencies obtaining

records pursuant to this Chapter are prohibited from disclosing the

contents of such records to another person or agency unless

specifically authorized to do so by law or by the terms of a court

order.

C. The disclosure of any confidential records or information

made by the Department of Human Services pursuant to law or court

order shall not be deemed a waiver of confidentiality or privilege,

and any recipient of such records or information shall protect them

against unauthorized disclosure and maintain them confidentially and

in compliance with state and federal law.

D. Any person or agency who knowingly permits, assists, or

encourages the release, disclosure, or use of confidential records

or information for any commercial, political, or unauthorized

purpose may be prosecuted for contempt of court or for a

misdemeanor, which shall, upon conviction, be punishable by up to

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 190

six (6) months in jail, by a fine of Five Hundred Dollars ($500.00),

or by both such fine and imprisonment.
Okla. Stat. tit. 10, § 10-7505-8.1 — OK Code / Title 10 / Section 10-7505-8.1
Adoption dissolution statistics to be published
Status: in_force

A. Whenever the Department of Human Services publishes

statistics on successful adoptions, the Department shall also

include statistics on adoption dissolutions, including the average

number of months between the finalization of adoptions and the

effective date of dissolutions.

B. For purposes of this section, "adoption dissolutions" means

adoptions which dissolve after the adoption is finalized and prior

to the time the adopted child reaches eighteen (18) years of age.
Okla. Stat. tit. 10, § 10-557.1 — OK Code / Title 10 / Section 10-557.1
Policy
Status: in_force

It is the policy of the State of Oklahoma to allow private

parties to enter into gestational agreements in order to help

facilitate the birth of children to parents who are not otherwise

able to conceive or carry them, to allow the gestational carriers of

such children to be properly compensated for providing this

important and selfless undertaking and to provide a mechanism to

ensure that gestational agreements will be enforced and that the

expectations of the parties to gestational agreements will be

protected.
Okla. Stat. tit. 10A, § 10A-1-4-707 — OK Code / Title 10A / Section 10A-1-4-707
Dispositional orders - Determinations
Status: in_force

A. The following kinds of dispositional orders may be made and

shall be in accordance with the best interests of the child:

1. a. The court may place the child under protective

supervision by the Department of Human Services in the

home of the child with the parent or legal guardian

with whom the child was residing at the time the

events or conditions arose that brought the child

within the jurisdiction of the court, subject to such

conditions as the court may prescribe that would

reasonably prevent the child from continuing to be

deprived.

b. The court may place the child with the noncustodial

parent, if available, upon completion of a home

assessment, unless the court finds that the placement

would not be in the best interests of the child. Any

party with knowledge of the facts may present evidence

to the court regarding whether the placement is in the

best interests of the child. If the court places the

child with the parent, it may do either of the

following:

(1) order that the noncustodial parent assume sole

custodial responsibilities for the child. The

court may also order reasonable visitation and

the payment of child support by the child's other

parent. The court may then terminate its

jurisdiction by entering a final permanency

order. The final order entered determining

custody, visitation and child support from the

deprived action:

(a) shall remain in full force and effect and

shall control over any custody or child

support order entered in an administrative

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 119

or district court action initiated prior to

or during the pendency of the deprived

action until such time as it is modified by

a subsequent order of the district court,

and

(b) may be docketed and filed in the prior

existing or pending administrative or

district court action; provided, however, if

there is no administrative or district court

action then in existence, the surviving

order may be used as the sole basis for

opening a new administrative or district

court action in the same county where the

deprived action was pending or in the county

where the legal custodian of the child

resides. When applicable, the clerk of the

juvenile court shall transmit the surviving

order to the clerk of the district court of

the county where the order is to be filed

along with the names and last-known

addresses of the parents of the child. The

clerk of the district court shall

immediately upon receipt open a file without

a filing fee, assign a new case number and,

when applicable, file the order and send by

first-class mail a copy of the order with

the new or prior existing case number back

to the juvenile court and to the parents of

the child at their last-known address. The

order shall not be confidential and may be

enforced or modified after being docketed

and filed in the prior existing or new

administrative or district court action, or

(2) order that the noncustodial parent assume custody

of the child under protective supervision by the

Department. The court may order that:

(a) reunification services be provided to the

parent or legal guardian from whom the child

has been or is being removed,

(b) services be provided solely to the parent

who is assuming physical custody of the

child in order to allow that parent to later

obtain legal custody without court

supervision, or

(c) services be provided to both parents, in

which case the court shall determine, at a

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 120

subsequent review hearing, which parent, if

either, shall have custody of the child.

c. If the court orders the child into the home of a

father whose paternity has not been established, the

alleged father must cooperate in establishing

paternity as a condition for the child's continued

placement in the alleged father's home.

d. If the court issues an order for protective

supervision of the child in the home of a parent, the

court may order any of the following:

(1) that a party or other person living in the home

vacate the child's home indefinitely or for a

specified period of time within forty-eight (48)

hours of issuing the order, and

(2) that a party, a parent, or a legal guardian of

the child prevent a particular person from having

contact with the child.

e. At any time during the deprived child proceedings, the

court may issue an order specifying the conduct to be

followed by any person living in the home that the

court determines would be in the best interests of the

child. The conduct specified shall be such as would

reasonably prevent the child from continuing to be

deprived.

f. The order placing the child under supervision by the

Department in the child's own home shall remain in

effect for a period of one (1) year. In appropriate

circumstances, the court may extend or reduce the

period of supervision by the Department.

2. a. If the court is unable to place the child in the home

of a parent, the court shall give a preference for

placing temporary custody of the child with a relative

as specified in Section 1-4-204 of this title, subject

to the best interests of the child and the conditions

and restrictions specified in Section 1-4-705 of this

title. In determining whether to place temporary

custody of the child with a relative, the court may

consider the following factors:

(1) the physical, psychological, educational,

medical, and emotional needs of the child,

(2) the wishes of the parent, the relative, and

child, if appropriate,

(3) whether placement of the siblings and half-

siblings can be made in the same home, if that

placement is found to be in the best interest of

each child,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 121

(4) the background information of the relative and

any other person living in the home, including

whether any such person has a prior history of

violence, acts of child abuse or neglect, or any

other background that would render the home

unsuitable,

(5) the nature and duration of the relationship

between the child and the relative, and the

relative's desire to care for and to provide

long-term permanency for the child if

reunification is unsuccessful, and

(6) the ability of the relative to do the following:

(a) provide a safe, secure, and stable

environment for the child,

(b) exercise proper and effective care and

control of the child,

(c) provide a home and the necessities of life

for the child,

(d) protect the child from his or her parents,

(e) facilitate court-ordered reunification

efforts with the parent,

(f) facilitate visitation with the child's

siblings and other relatives, and

(g) arrange for appropriate and safe child care,

if necessary.

b. If more than one appropriate relative requests

preferential consideration pursuant to this section,

each relative shall be evaluated under the factors

enumerated in this paragraph. However, whenever a new

temporary custody order regarding the child must be

entered, consideration shall again be given as

described in this section to relatives who have been

found to be suitable and who will fulfill the

permanency needs of the child.

c. If the court does not place temporary custody of the

child with a relative pursuant to this subsection, the

court shall state for the record the reasons placement

with that relative was denied.

3. a. The court may place the child in the custody of a

private institution or agency, including any

institution established and operated by the county,

authorized to care for children or to place them in

family homes.

b. In placing a child in a private institution or agency,

the court shall select one that is licensed by the

Department or any other state department supervising

or licensing private institutions and agencies; or, if

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 122

such institution or agency is in another state, by the

analogous department of that state.

c. Whenever the court shall place a child in any

institution or agency, it shall transmit with the

order of commitment a summary of its information

concerning the child, and such institution or agency

shall give to the court such information concerning

the child as the court may at any time require.

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

Department.

a. In selecting a placement for a child in its custody,

the Department shall make an individualized

determination based upon the child's best interests

and permanency plan regarding the following placement

options:

(1) a home or facility that meets the preferences

specified by the state and federal Indian Child

Welfare Acts when applicable,

(2) the home of a noncustodial parent,

(3) the home of a relative approved by the

Department,

(4) the home of a nonrelative kinship family approved

by the Department,

(5) an approved foster home in which the child has

been previously placed,

(6) a suitable nonkinship foster family or family-

style living program approved by the Department,

(7) a suitable licensed group home for children, or

(8) an independent living program.

b. (1) Unless the child is placed with relatives or in

accord with the federal and state Indian Child

Welfare Acts, the child shall be placed, when

possible, in the county of residence of the

child's parent or legal guardian in order to

facilitate reunification of the family.

(2) If an appropriate placement is not available in

the county of residence of the parent or legal

guardian, the child shall be placed in an

appropriate home in the nearest proximity to the

resident county of the parent or legal guardian.

(3) Nothing in this section shall be construed to

mean that the child's placements shall correspond

in frequency to changes of residence by the

parent or legal guardian. In determining whether

the child should be moved, the Department shall

take into consideration the potential harmful

effects of disrupting the placement of the child

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 123

and the reason of the parent or legal guardian

for the move.

c. If the child is part of a sibling group, it shall be

presumed that placement of the entire sibling group in

the same placement is in the best interests of the

child and siblings unless the presumption is rebutted

by a preponderance of the evidence to the contrary.

5. The court may order the Department to coordinate the

provision of services provided by other agencies in order that the

court-approved permanency plan may be achieved.

6. a. If the court determines that reunification services

are appropriate for the child and a parent, the court

shall allow reasonable visitation with the parent or

legal guardian from whose custody the child was

removed, unless visitation is not in the best interest

of the child, taking into consideration:

(1) protection of the physical safety of the child,

(2) protection of the life of the child,

(3) protection of the child from being traumatized by

contact with the parent, and

(4) the child's expressed wishes.

b. A court may not deny visitation based solely on the

failure of a parent to prove that the parent has not

used legal or illegal substances or complied with an

aspect of the court-ordered individualized service

plan.

7. The court may order a permanent guardianship to be

established as more fully set forth in Section 1-4-709 of this

title.

8. Except as otherwise provided by law, the court may dismiss

the petition and terminate its jurisdiction at any time for good

cause shown when doing so is in the best interests of the child.

B. Any order entered pursuant to this section shall include:

1. A statement informing the child's parent that the

consequences of noncompliance with the requirement of the court may

include termination of the parent's rights with respect to the

child; or

2. A statement informing the child's legal guardian or

custodian that the consequences of noncompliance with the

requirement of the court may include removal of the child from the

custody of the legal guardian or custodian.

C. 1. In any dispositional order removing a child from the

home of the child, the court shall make a determination as to

whether, in accordance with the best interests and the health,

safety, or welfare of the child, reasonable efforts have been made

to provide for the safe return of the child to the child's own home.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 124

2. If reasonable efforts are required for the safe return of

the child to the child's home, the court shall allow the parent of

the child not less than three (3) months to correct the conditions

which led to the adjudication of the child as a deprived child;

however, the time period for reunification services may not exceed

seventeen (17) months from the date that the child was initially

removed from the child's home, absent a finding of compelling

reasons to the contrary.

3. If the court finds that continuation of reasonable efforts

to return the child home are inconsistent with the permanency plan

for a child, the court shall determine whether reasonable efforts

have been made to complete the steps necessary to finalize the

permanent placement of the child.

4. Reasonable efforts to reunite the child with the child's

family shall not be required pursuant to the provisions of Section

1-4-809 of this title.

D. In any dispositional order involving a child sixteen (16)

years of age or older, the court shall make a determination, where

appropriate, of the services needed to assist the child to make the

transition from out-of-home care to independent living.

E. In accordance with the safety or well-being of any child,

the court shall determine in any dispositional order whether

reasonable efforts have been made to:

1. Place siblings, who have been removed, together in the same

foster care, guardianship, or adoptive placement; and

2. Provide for frequent visitation or other ongoing interaction

in the case of siblings who have been removed and who are not placed

together.
Okla. Stat. tit. 10, § 10-801 — OK Code / Title 10 / Section 10-801
Short title — Family Representation and Advocacy Act —
Status: in_force

Oklahoma Statutes - Title 10. Children Page 8Creation of Family Representation and Advocacy Program.

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

Representation and Advocacy Act”.

B. As used in this act, “eligible organization” means an entity

that:

1. Is organized as a not-for-profit corporation that is tax

exempt pursuant to the provisions of paragraph (3) of subsection (c)

of Section 501 of the United States Internal Revenue Code of 1986,

as amended;

2. Has as its primary purpose the furnishing of legal

assistance to eligible clients in civil matters;

3. Renders legal services to eligible clients in pre- and post-

petition deprived child proceedings; and

4. Is incorporated pursuant to any applicable laws in this

state.

C. There is hereby created within the Administrative Office of

the Courts the Family Representation and Advocacy Program. The

purpose of the Family Representation and Advocacy Program shall be

to ensure uniform and high quality legal representation for children

and indigent parents, legal guardians, and Indian custodians in

deprived child actions brought by the state pursuant to the

provisions of Section 1–1–101 et seq. of Title 10A of the Oklahoma

Statutes.

D. From funds appropriated or otherwise available for the

purpose of implementing the Family Representation and Advocacy Act,

the Administrative Office of the Court shall issue a request for

proposals and contract with an eligible organization to administer

the Family Representation and Advocacy Program through the

establishment of a central office for the state. The contract shall

be the result of the request for proposals issued by the

Administrative Office of the Courts and submission of competitive

bids by eligible organizations pursuant to the Oklahoma Central

Purchasing Act.

E. Through the activities of the central office, the Family

Representation and Advocacy Program shall work cooperatively

statewide with judicial districts and attorneys by contracting with,

training, compensating, and supporting legal counsel for the

children, indigent parents, legal guardians, and Indian custodians

appointed by the court pursuant to Section 1-4-306 of Title 10A of

the Oklahoma Statutes. The Family Representation and Advocacy

Program shall have the responsibility to ensure that all parents,

legal guardians, and Indian custodians who are entitled to court-

appointed counsel and all children are appointed counsel who have

the training, support, and access to resources to provide uniform

and high quality legal representation. The central office shall not

Oklahoma Statutes - Title 10. Children Page 180

provide direct legal representation to clients except in selected

appeals. Nothing in this subsection shall preclude the appointment

of a guardian ad litem pursuant to Section 1-8-108 of Title 10A of

the Oklahoma Statutes.

F. An executive director for the Family Representation and

Advocacy Program shall be employed by the eligible organization and

approved by the Administrative Office of the Courts or any board

established pursuant to subsection K of this section. The executive

director shall have at least ten (10) years of experience as a

licensed attorney prior to appointment, be licensed to practice law

in this state at the time of appointment and be familiar with the

unique demands of representing children, parents, legal guardians,

Indian custodians in deprived child cases in this state. The

executive director shall serve full time and shall not engage in

private practice of law outside of the Program. The executive

director shall hire all staff including employees of the central

office, contract attorneys or other legal providers eligible for

appointment pursuant to Section 1-4-306 of Title 10A of the Oklahoma

Statutes, and interdisciplinary contractors required to implement

the Family Representation and Advocacy Act. The executive director

shall submit budget requests and shall report quarterly to the

Administrative Office of the Courts or any board established

pursuant to subsection K of this section.

G. The Family Representation and Advocacy Program shall have

authority to contract with any type of legal entity including but

not limited to law firms, legal services programs, Office of Public

Defender, law school clinics, and individual attorneys as needed.

The Program shall have authority to contract with and compensate

social workers, parent and youth advocates, and peer mentors to

provide interdisciplinary assistance to the attorneys representing

children, indigent parents, legal guardians, Indian custodians in

the deprived child proceedings. The existing Offices of Public

Defender shall continue to provide representation for children in

deprived child proceedings and continue to be funded as set forth in

Section 138.4 of Title 19 of the Oklahoma Statutes. The Offices of

the Public Defender may elect to contract with the Family

Representation and Advocacy Program for additional funds to provide

additional staff and resources in the representation of the

children.

H. The Family Representation and Advocacy Program shall ensure

that all counsel are members of the Oklahoma Bar Association in good

standing and are adequately trained. The Program shall provide

uniform and high quality training in collaboration with the State of

Oklahoma Children’s Court Improvement Program, the Oklahoma Bar

Association, local bar associations, and other relevant state and

national organizations to all attorneys who are appointed to

represent children, parents, legal guardians, and Indian custodians

Oklahoma Statutes - Title 10. Children Page 181

in deprived child proceedings. The Program shall contractually

require and verify that the attorneys providing legal representation

to children, indigent parents, legal guardians, and Indian

custodians comply with the Oklahoma Standards of Practice for

Attorneys Representing Parents in Deprived Child Proceedings, the

Oklahoma Standards of Practice for Attorneys Representing Children

in Deprived Child Proceedings, and caseload limits as developed and

approved by the Uniform Representation of Children and Parents in

Cases Involving Abuse and Neglect Oversight Committee created by the

Oklahoma Supreme Court. The Family Representation and Advocacy

Program shall ensure that all interdisciplinary contractors are

provided with uniform and evidence-based training, resources, and

support.

I. The Family Representation and Advocacy Program shall ensure

that all areas of the state are equitably served and, based on the

appropriations available, shall prioritize judicial districts where

attorneys are unavailable for court appointments or are minimally

compensated. The Program shall determine where additional attorneys

are needed within the state’s judicial districts and shall develop

additional resources.

J. The Family Representation and Advocacy Program shall ensure

that counsel and interdisciplinary contractors are adequately

compensated based on available appropriations and other funding

received and are provided access to resources in order to deliver

high quality legal representation. The Program is authorized to

annually review the performance of the attorneys, interdisciplinary

contractors, and entities with which the eligible organization

contracts, with the goal of helping them achieve and maintain high-

quality performance. The Program shall ensure that review measures

preserve client confidentiality and avoid conflicts of interest.

K. The Oklahoma Supreme Court may direct the Administrative

Office of the Courts to establish an advisory board to exercise

oversight over the Family Representation and Advocacy Program and

the selected eligible organization, and to make recommendations and

take such actions as deemed necessary to ensure proper

administration of the Program.
Okla. Stat. tit. 10, § 10-7307-1.9 — OK Code / Title 10 / Section 10-7307-1.9
Renumbered as § 2-6-110 of Title 10A by Laws 2009, c
Status: in_force

234, § 190, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1119 — OK Code / Title 10 / Section 10-1119
Renumbered as § 7003-8.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-1-9-120v2 — OK Code / Title 10A / Section 10A-1-9-120v2
Grievance procedures for foster parents
Status: in_force

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

shall each establish grievance procedures for foster parents with

whom the Department of Human Services or child-placing agencies

contract. The Office of Client Advocacy shall work with the Office

of Juvenile System Oversight to track foster parent complaints

through the grievance procedures and ensure a resolution of the

complaint.

B. The procedures established shall contain the following

minimum requirements:

1. Resolution of disputes with foster parents shall be

accomplished quickly, informally and at the lowest possible level,

but shall provide for access to impartial arbitration by management

level personnel within the central office;

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

after receipt of the grievance or complaint; and

3. Notification to all foster parents upon placement of a child

about the grievance procedures and how to file a complaint.

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

shall designate one employee at the central office to receive and

process foster care grievances received by the Office of Juvenile

System Oversight.

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

shall maintain records of each grievance filed as well as summary

information about the number, nature and outcome of all grievances

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

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 255

System Oversight shall compile an annual report for the Legislature

that details the number of complaints received, the number of

complaints resolved, the nature of the complaints and any other

information requested by the Legislature. The Office of Client

Advocacy and child-placing agencies shall keep records of grievances

separate and apart from other foster parent files. A foster parent

or a former foster parent shall have a right of access to the record

of grievances such person filed after the procedure has been

completed.

E. 1. Each foster parent shall have the right, without fear of

reprisal or discrimination, to present grievances with respect to

the providing of foster care services.

2. The Department of Human Services shall promptly initiate a

plan of corrective discipline including, but not limited to,

dismissal of any Department employee or cancellation or nonrenewal

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

agency, through an investigation to have retaliated or discriminated

against a foster parent who has:

a. filed a grievance pursuant to the provisions of this

section,

b. provided information to any official or Department

employee, or

c. testified, assisted, or otherwise participated in an

investigation, proceeding or hearing against the

Department or the child-placing agency.

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

include any complaint by the foster parent resulting from an

administrative, civil or criminal action taken by the employee or

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

provisions by the foster parent.
Okla. Stat. tit. 10A, § 10A-1-2-105 — OK Code / Title 10A / Section 10A-1-2-105
Investigation of child abuse or neglect – Assessment
Status: in_force

of child - Report – Voluntary services - Temporary restraining order - Investigation by State Bureauof family – Immediate removal of child - Report – Voluntary services

- Temporary restraining order - Investigation by State Bureau of

Investigation – Child with complex medical needs.

A. 1. Any county office of the Department of Human Services

receiving a child abuse or neglect report shall promptly respond to

the report by initiating an investigation of the report or an

assessment of the family in accordance with priority guidelines

established by the Department. The Department may prioritize

reports of alleged child abuse or neglect based on the severity and

immediacy of the alleged harm to the child. The Department shall

adopt a priority system pursuant to rules promulgated by the

Department. The primary purpose of the investigation or assessment

shall be the protection of the child. For investigations or

assessments, the Department shall give special consideration to the

risks of any minor, including a child with a disability, who is

unable to communicate effectively about abuse, neglect or other

safety threat or who is in a vulnerable position due to the

inability to communicate effectively.

2. If an investigation or assessment conducted by the

Department in response to any report of child abuse or neglect shows

that the incident reported was the result of the reasonable exercise

of parental discipline involving the use of ordinary force,

including, but not limited to, spanking, switching, or paddling, the

investigation or assessment will proceed no further and all records

regarding the incident shall be expunged.

B. 1. The investigation or assessment shall include a visit to

the home of the child, unless there is reason to believe that there

is an extreme safety risk to the child or worker or it appears that

the referral has been made in bad faith. The visit shall include an

interview with and examination of the subject child and may be

conducted at any reasonable time and at any place including, but not

limited to, the child’s school. The Department shall notify the

person responsible for the health, safety, and welfare of the child

that the child has been interviewed at a school. The investigation

or assessment may include an interview with the parents of the child

or any other person responsible for the health, safety, or welfare

of the child and an interview with and examination of any child in

the home.

2. The investigation or assessment may include a medical,

psychological, or psychiatric examination of any child in the home,

and may include an interview conducted by appropriate personnel

using the protocols and procedures specified in Section 1-9-102 of

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 57

this title. If admission to the home, school, or any place where

the child may be located cannot be obtained, then the district court

having jurisdiction, upon application by the district attorney and

upon cause shown, shall order the person responsible for the health,

safety, or welfare of the child, or the person in charge of any

place where the child may be located, to allow entrance for the

interview, the examination, and the investigation or assessment.

The court may order that the child be transported to a location

approved by the court for the interview or examination and designate

an appropriate person or persons to transport the child. Such

persons may include but are not limited to: a relative of the child;

a person responsible for the child’s health, safety, or welfare; law

enforcement personnel; employees of the Department of Human

Services; or employees of the Office of Juvenile Affairs if the

child is in the custody of the Office of Juvenile Affairs. When

making this determination, the court shall consider safety protocols

based on the gender of the child. If the person responsible for the

health, safety, or welfare of the child does not consent to a

medical, psychological, or psychiatric examination of the child that

is requested by the Department, the district court having

jurisdiction, upon application by the district attorney and upon

cause shown, shall order the examination to be made at the times and

places designated by the court.

3. The investigation or assessment may include an inquiry into

the possibility that the child or a person responsible for the

health, safety, or welfare of the child has a history of mental

illness. If the person responsible for the child’s health, safety,

or welfare does not allow the Department to have access to

behavioral health records or treatment plans requested by the

Department, which may be relevant to the alleged abuse or neglect,

the district court having jurisdiction, upon application by the

district attorney and upon good cause shown, shall by order allow

the Department to have access to the records pursuant to terms and

conditions prescribed by the court.

4. a. If the court determines that the subject of the

behavioral health records is indigent, the court shall

appoint an attorney to represent that person at the

hearing to obtain behavioral health records.

b. A person responsible for the health, safety, or

welfare of the child is entitled to notice and a

hearing when the Department seeks a court order to

allow a psychological or psychiatric examination or

access to behavioral health records.

c. Access to behavioral health records does not

constitute a waiver of confidentiality.

5. The investigation of a report of sexual abuse or serious

physical abuse or both sexual abuse and serious physical abuse shall

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 58

be conducted, when appropriate and possible, using a

multidisciplinary team approach as provided by Section 1-9-102 of

this title. Law enforcement and the Department shall exchange

investigation information.

6. The investigation or assessment shall include an inquiry

into whether the person responsible for the health, safety or

welfare of the child is an active duty service member of the

military or the spouse of an active duty service member. The

Department shall collect and report information related to the

military affiliation of the person or spouse responsible for the

health, safety or welfare of the child to the designated federal

authorities at the federal military installation where the service

member is assigned as provided by paragraph 4 of subsection A of

Section 1-2-102 of this title.

C. 1. Every physician, surgeon, or other health care provider

making a report of abuse or neglect as required by this section or

examining a child to determine the likelihood of abuse or neglect

and every hospital or related institution in which the child was

examined or treated shall provide copies of the results of the

examination or copies of the examination on which the report was

based and any other clinical notes, x-rays, photographs, and other

previous or current records relevant to the case to law enforcement

officers conducting a criminal investigation into the case and to

employees of the Department conducting an assessment or

investigation of alleged abuse or neglect in the case.

2. As necessary in the course of conducting an assessment or

investigation, the Department may request and obtain, without a

court order, copies of all prior medical records of a child

including, but not limited to, hospital records, medical, and dental

records. The physician-patient privilege shall not constitute

grounds for failure to produce such records.

D. 1. The Department shall engage in a collaborative decision-

making process to address each child’s needs related to safety and

whether the child’s condition warrants a safety intervention

including but not limited to a change in placement, and:

a. those involved in the collaborative decision-making

process shall include at a minimum appropriate

Department staff, the parents of the child and, if the

parent requests, an advocate or representative,

b. to protect the safety of those involved and to promote

efficiency, the Department may limit participants as

determined to be in the best interests of the child,

c. the Department shall make reasonable efforts to

provide a trained facilitator to guide the decision-

making process, and

d. any determination that a collaborative decision-making

process is not possible or is unnecessary shall

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 59

require supervisor approval and documentation of the

reasons supporting the determination.

2. If, before the assessment or investigation is complete, the

Department determines that immediate removal of the child is

necessary to protect the child from further abuse or neglect, the

Department shall recommend that the child be taken into custody and,

if feasible, utilize the collaborative decision-making process

provided by paragraph 1 of this subsection prior to the emergency

custody hearing.

E. The Department shall make a complete written report of the

investigation. The investigation report, together with its

recommendations, shall be submitted to the appropriate district

attorney’s office. Reports of assessment recommendations shall be

submitted to appropriate district attorneys.

F. The Department, where appropriate and in its discretion,

shall identify prevention- and intervention-related services

available in the community and refer the family to or arrange for

such services when an investigation or assessment indicates the

family would benefit from such services, or the Department may

provide such services directly. The Department shall document in

the record its attempts to provide, refer or arrange for the

provision of voluntary services and shall determine within sixty

(60) days whether the family has accessed those services directly

related to safety of the child. If the family refuses voluntary

services or does not access those services directly related to

safety of the child, and it is determined by the Department that the

child’s surroundings endanger the health, safety, or welfare of the

child, the Department may recommend that the child be placed in

protective or emergency custody or that a petition be filed.

G. If the Department has reason to believe that a person

responsible for the health, safety, and welfare of the child may

remove the child from the state before the investigation is

completed, the Department may request the district attorney to file

an application for a temporary restraining order in any district

court in the State of Oklahoma without regard to continuing

jurisdiction of the child. Upon cause shown, the court may enter a

temporary restraining order prohibiting the parent or other person

from removing the child from the state pending completion of the

assessment or investigation.

H. The Director of the Department or designee may request an

investigation be conducted by the Oklahoma State Bureau of

Investigation or other law enforcement agency in cases where it

reasonably believes that criminally injurious conduct including, but

not limited to, physical or sexual abuse of a child has occurred.

I. Child Welfare Services, in collaboration with the

Developmental Disabilities Services Division, shall implement a

protocol to be used in cases where the subject child is a child with

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 60

a disability who has complex medical needs, and the protocol shall

include, but not be limited to: resource coordination, medical

consultation or medical evaluation, when needed.
Okla. Stat. tit. 10, § 10-7003-8.7 — OK Code / Title 10 / Section 10-7003-8.7
Renumbered as § 1-4-701 of Title 10A by Laws 2009, c
Status: in_force

233, § 243, emerg. eff. May 21, 2009.