Okla. Stat. tit. 10, § 10-60.51 — OK Code / Title 10 / Section 10-60.51
Renumbered as § 7511-1.1 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7303-7.4 — OK Code / Title 10 / Section 10-7303-7.4
Renumbered as § 2-2-701 of Title 10A by Laws 2009, c
Status: in_force

234, § 183, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7208 — OK Code / Title 10 / Section 10-7208
Renumbered as § 1-4-805 of Title 10A by Laws 2009, c
Status: in_force

233, § 251, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-4-802 — OK Code / Title 10A / Section 10A-1-4-802
Hearing to determine release of child from state
Status: in_force

custody.

A. At any hearing pursuant to the provisions of the Oklahoma

Children's Code for the purpose of determining the placement of a

child or that a child in state custody is to be released from state

custody, the court shall provide an opportunity to a representative

of the Department of Human Services, the present foster parent or

representative of the group home where a child is placed, the

guardian ad litem and the child, if of sufficient age as determined

by the court, to present sworn testimony regarding the placement of

the child or release of the child from state custody. In all cases

in which the Office of Juvenile System Oversight has conducted an

investigation regarding placement of a child or release of a child

from state custody and believes there is a serious risk of danger to

the health or safety of that child, the Oklahoma Commission on

Children and Youth shall provide to the court and the parties a

written report of their investigation and recommendation for

placement of the child. Such report shall be provided to the court

and the parties no less than five (5) days prior to the hearing.

The court, upon motion of any party, shall order attendance of any

person preparing such report when it appears there is a substantial

likelihood that material evidence not contained in the report may be

produced by the testimony of any person having prepared the report.

The court shall consider the report when making his or her decision

regarding placement of a child or release of a child from state

custody.

B. The court, the district attorney or the attorneys for the

parties may cross examine the representative of the Department, the

child, if of sufficient age as determined by the court, the present

foster parents or group home representative, and the guardian ad

litem.

C. The court shall issue written findings of fact and

conclusions of law. All hearings concerning such cases shall be on

the record. The failure of any court to provide an opportunity to a

representative of the Department or to the present foster parent or

group home representative, the guardian ad litem and to the child,

if of sufficient age as determined by the court, to present the

sworn testimony pursuant to this section shall be subject to

immediate mandamus to an appropriate court.
Okla. Stat. tit. 10, § 10-1430.41 — OK Code / Title 10 / Section 10-1430.41
Rights, obligations and liability during receivership
Status: in_force

Notwithstanding the general rules of receiverships and trustees,

nothing in the Group Homes for Persons with Developmental or

Physical Disabilities Act shall be deemed to relieve any

administrator or employee of a group home placed in receivership of

any civil or criminal liability incurred, or any duty imposed by

law, by reason of acts or omissions of the administrator or employee

prior to the appointment of a receiver; provided, that nothing

contained in this act shall be construed to suspend during the

receivership any obligation of the administrator or employee for

payment of taxes or other operating and maintenance expenses of the

group home or of the administrator, employee or any other person for

the payment of mortgages or liens. The provider or licensee shall

retain the right to sell or mortgage any group home under

receivership, subject to approval of the court which ordered the

receivership.
Okla. Stat. tit. 10A, § 10A-2-2-805 — OK Code / Title 10A / Section 10A-2-2-805
Commitment of child to custody of Office of Juvenile
Status: in_force

Affairs - Delivery to designated institution.

When a child is committed to the custody of the Office of

Juvenile Affairs under the provisions of this article, the court

shall order the child to be delivered by the sheriff or by a private

contractor pursuant to the provisions of Section 2-3-103 of this

title to an institution, or other place, designated by the Office,

and the cost of transportation shall be paid from the general fund

of the county. The Office of Juvenile Affairs shall not be ordered

to provide transportation as provided for in this section for a

juvenile who has been committed to the custody of the Office and is

destined for a secure institution.
Okla. Stat. tit. 10A, § 10A-1-9-109 — OK Code / Title 10A / Section 10A-1-9-109
Performance-based incentive compensation program for
Status: in_force

child welfare specialists.

The Department of Human Services shall maintain a performance-

based incentive compensation program for employees exclusively

working as child welfare specialists. All full-time child welfare

specialists shall be eligible to participate in the performance-

based incentive compensation program. Eligibility factors shall

include, but not be limited to, child welfare specialists who have

met or exceeded the suggested federal child welfare outcomes,

received "exceeds standards" employee evaluations, as defined by the

Office of Management and Enterprise Services, completed Department-

sponsored field training, and obtained an advanced higher education

degree in social work or closely related field. The eligibility of

a child welfare specialist shall not be based upon the level of

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 232

seniority that has been obtained by the child welfare specialist.

The Oklahoma Commission for Human Services shall promulgate rules as

necessary to implement the provisions of this section.
Okla. Stat. tit. 10, § 10-1160.3 — OK Code / Title 10 / Section 10-1160.3
Renumbered as § 7302-9.3 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-601.1 — OK Code / Title 10 / Section 10-601.1
Oklahoma Commission on Children and Youth - Creation -
Status: in_force

Membership.

A. There is hereby created the Oklahoma Commission on Children

and Youth which shall be composed of eighteen (18) members. The

membership shall include:

1. The Director of the Department of Human Services, the State

Commissioner of Health, the Commissioner of the Department of Mental

Health and Substance Abuse Services, the State Superintendent of

Public Instruction, the Administrator of the Oklahoma Health Care

Authority, the Director of the State Department of Rehabilitation

Services, and the Chair of the SJR 13 Oversight Committee;

2. The Executive Director of the Office of Juvenile Affairs;

3. Five members who shall be appointed by the Governor from a

list submitted by the governing board of each of the following

organizations:

a. the Oklahoma Children’s Agencies and Residential

Enterprises,

b. one statewide association of youth services,

c. the Oklahoma Bar Association,

d. the Oklahoma District Attorneys Association, and

e. a statewide court-appointed Special Advocate

Association;

4. One member appointed by the Governor who shall represent one

of the metropolitan juvenile bureaus;

5. One member representing business or industry, appointed by

the Governor;

6. One member who is the parent of a child with special needs,

appointed by the Speaker of the House of Representatives;

7. One member with a demonstrated interest in improving

children’s services who is not employed by a state agency or a

private organization that receives state funds, appointed by the

President Pro Tempore of the Senate; and

Oklahoma Statutes - Title 10. Children Page 144

8. One member who shall be appointed by the Governor from a

list of three names submitted by the Post Adjudication Review Board.

B. The appointed members shall have had active experience in

services to children and youth and may serve four terms of two (2)

years each. A person appointed to fill the remainder of a vacant

term shall, upon completion of that term, be eligible to serve four

additional two-year terms. Terms shall coincide with the fiscal

year.

C. The Oklahoma Commission on Children and Youth shall provide

a report on Commission member attendance to the appointing

authorities following each Commission meeting.
Okla. Stat. tit. 10, § 10-1133 — OK Code / Title 10 / Section 10-1133
Renumbered as § 7006-1.4 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7510-1.3 — OK Code / Title 10 / Section 10-7510-1.3
Program of assistance for children not eligible for
Status: in_force

federally funded adoption assistance benefits.

A. The Department of Human Services shall establish and

administer an ongoing program of adoption assistance for eligible

special needs children in the legal custody of the Department or a

federally recognized Indian tribe, as defined by the federal Indian

Child Welfare Act and the Oklahoma Indian Child Welfare Act, who are

not eligible for federally funded adoption assistance benefits.

Adoption assistance benefits under this program shall be provided

out of funds appropriated to the Department for the maintenance of

children in foster care or made available to it from other sources.

B. Adoption assistance benefits under this program may include

Medicaid coverage, a monthly adoption assistance payment,

reimbursement of nonrecurring adoption expenses, special services,

or any combination of such benefits.

C. To comply with 42 U.S.C., Section 471(a)(14) of the Social

Security Act and 45 C.F.R., Section 1356.21(n), the Department shall

limit the number of children under the responsibility of the

Department, who remain in substitute care for a period over twenty-

four (24) months, to no more than thirty percent (30%) of the

children in care during any fiscal year.
Okla. Stat. tit. 10, § 10-7302-7.4 — OK Code / Title 10 / Section 10-7302-7.4
Renumbered as § 2-7-704 of Title 10A by Laws 2009, c. 234, § 175, emerg. eff. May
Status: in_force

Oklahoma Statutes - Title 10. Children Page 19234, § 175, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7510-1.5 — OK Code / Title 10 / Section 10-7510-1.5
Written agreement - Commencement of assistance -
Status: in_force

Amount - Preexisting condition - Periodic certification -

Termination or modification - Continued eligibility regardless of

residence.

A. 1. When a parent or parents are found and approved for

adoption of a child who is determined by the Department of Human

Services to be eligible for adoption assistance pursuant to the

Oklahoma Adoption Assistance Act, and before the final decree of

adoption is entered, there must be a signed written agreement

between the prospective adoptive parent or parents and the

Department.

2. Adoption assistance in individual cases may commence with

the adoptive placement or at the time of finalization of the

adoption. Adoption assistance may be for special services only, or

for monthly money payments, and either for a limited period, or for

a long term, or for any combination of the foregoing.

Eligibility for and the rate of monthly adoption assistance

payments shall be determined by the Department in accordance with

rules promulgated by the Commission for Human Services.

B. When an otherwise eligible child is determined to have a

causative, preexisting condition which was not identified or known

Oklahoma Statutes - Title 10. Children Page 384

prior to the legal finalization of the adoption and which has

resulted in a severe medical or psychiatric condition that requires

extensive treatment, hospitalization, or institutionalization, an

adoption assistance agreement may be approved by the Department

after the final decree of adoption has been entered. In the event

an adoption assistance agreement is approved that provides for

monthly adoption assistance payments, the adoptive parents may also

be entitled to receive retroactive adoption assistance payments for

a period not to exceed the two (2) months prior to the date the

adoption assistance agreement was approved.

C. Any child who met the requirements of the provisions of

Sections 7510-1.2 and 7510-1.4 of this title, and was determined

eligible for Oklahoma adoption assistance with respect to a prior

adoption, and is available for adoption because the prior adoption

has been dissolved and the parental rights of the adoptive parents

have been terminated or because the adoptive parents of the child

have died, shall be eligible for Oklahoma adoption assistance with

respect to any subsequent adoption.

D. 1. When adoption assistance benefits are for more than one

(1) year, the Department shall send the adoptive parent or parents

an Adoption Assistance Annual Review request and assure that the

child who has attained the minimum age for compulsory school

attendance and is eligible for an adoption assistance payment under

Title IV-E of the Social Security Act, 42 U.S.C., Section 670 et

seq. is:

a. enrolled in an institution that provides elementary or

secondary education as determined under the law of

this state or other jurisdiction in which the

institution is located,

b. instructed in elementary or secondary education by any

other means legally authorized,

c. in an independent study elementary or secondary

education program in accordance with the law of this

state or other jurisdiction in which the program is

located, that is administered by the local school or

school district, or

d. incapable of attending school on a full-time basis due

to a documented medical condition supported by regular

updates.

2. The adoptive parent or parents shall at all times keep the

Department informed of circumstances including, but not limited to,

whether the adoptive parent or parents continue to be legally

responsible for support of the child which would make them

ineligible for such assistance payments or eligible for assistance

payments in a different amount.

Oklahoma Statutes - Title 10. Children Page 385

3. The Department is authorized and directed to make a review

of each adoption assistance agreement annually to assure that the

parents are fulfilling their obligations under the agreement.

4. No payment may be made to any parents with respect to any

child who has attained the age of eighteen (18) years, except a

child may continue to receive assistance until the child reaches the

age of nineteen (19) years if the child:

a. continues to attend high school or pursues General

Education Development, or

b. meets the criteria for an adoption assistance

difficulty of care rate as determined by the

Department.

5. Termination or modification of the adoption assistance

agreement may be requested by the adoptive parent or parents at any

time.

6. No payment may be made to adoptive parents if the Department

determines that the parents are no longer legally responsible for

the support of the child or that the child is no longer receiving

any financial support from such parents.

E. A child for whom an adoption assistance agreement has been

reached with the Department shall remain eligible and receive

adoption assistance benefits regardless of the domicile or residence

of the adopting parent or parents at any given time.

F. All records regarding adoption assistance shall be

confidential and may be disclosed only in accordance with the

provisions of the Oklahoma Adoption Code.
Okla. Stat. tit. 10, § 10-7700-633 — OK Code / Title 10 / Section 10-7700-633
Closure of proceeding – Inspection of records
Status: in_force

A. On request of a party and for good cause shown, the court

may close a proceeding under this Article.

B. A final order in a proceeding under this Article is

available for public inspection. Once a proceeding is closed under

this Article, other papers and records are available only with the

consent of the parties or on order of the court for good cause.
Okla. Stat. tit. 10, § 10-7605 — OK Code / Title 10 / Section 10-7605
Renumbered as § 2205 of Title 27A by Laws 2006, c. 226, §
Status: in_force

6, emerg. eff. June 6, 2006.
Okla. Stat. tit. 10, § 10-7004-1.6 — OK Code / Title 10 / Section 10-7004-1.6
Renumbered as § 1-9-107 of Title 10A by Laws 2009, c
Status: in_force

233, § 299, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 10. Children Page 277
Okla. Stat. tit. 10, § 10-7503-2.1 — OK Code / Title 10 / Section 10-7503-2.1
Who may consent
Status: in_force

A. A minor may be adopted when there has been filed written

consent to adoption or a permanent relinquishment for adoption

executed by:

1. Both parents of the minor;

2. One parent of the minor, alone, if:

a. the other parent is dead,

b. the parental rights of the other parent have been

terminated, or

c. the consent of the other parent is otherwise not

required pursuant to Section 7505-4.2 of this title;

3. The legal guardian of the person of the minor or the

guardian ad litem of the minor if both parents are dead or if the

rights of the parents have been terminated by judicial proceedings,

or the consent of both parents is otherwise not required pursuant to

Section 7505-4.2 of this title, and such guardian or guardian ad

litem has authority by order of the court appointing the guardian to

consent to the adoption;

4. The executive head of a licensed child-placing agency if:

a. the minor has been permanently relinquished to such

agency by:

(1) both parents, or

(2) one parent alone if the other parent is dead, the

parental rights of the other parent have been

terminated, or the consent of the other parent is

otherwise not required pursuant to Section 7505-

4.2 of this title, or

b. the rights of both parents have been judicially

terminated and custody of the minor has been legally

vested in such agency with authority to consent to

adoption of the minor; or

5. Any person having legal custody of a minor by court order

if:

a. the parental rights of both parents have been

judicially terminated, and

b. the court that issued the custody order for the minor

has consented to adoption and a certified copy of its

Oklahoma Statutes - Title 10. Children Page 306

order containing its consent is filed before the final

decree.

B. 1. A parent of a minor born in wedlock or a parent who is

sixteen (16) years of age or older shall be deemed capable of giving

consent to the adoption of a minor.

2. If the parent of a minor born out of wedlock is under

sixteen (16) years of age, that parent's consent to the adoption

shall be deemed sufficient when:

a. given by such minor parent before a judge of the

district court, and

b. accompanied by the written consent of:

(1) the legal guardian of the minor parent,

(2) the parents of the minor parent,

(3) the parent having custody of the minor parent, if

the other parent of the minor parent is deceased

or the parents of the minor parent are divorced,

or

(4) the person having physical custody of the minor

parent, if both parents of the minor parent are

deceased, or

c. accompanied by a finding of the court issuing the

decree of adoption, if consent cannot be secured from

any individual whose consent is required by

subparagraph b of this paragraph, that:

(1) either notice was given by mail by the court to

such person directing the person to show cause at

a time appointed by the court, which shall be not

less than ten (10) days from the date of mailing,

why the adoption should not be granted without

the individual's consent, or that notice was

waived by the personal appearance of the

individual, and

(2) the individual did not appear to contest the

adoption, or the consent of the individual is

unreasonably withheld.

C. If a minor to be adopted is twelve (12) years of age or

older, the consent of the minor to the adoption is required in

addition to the consents required by subsections A and B of this

section before a decree of adoption may be granted, unless the court

makes a finding that it is not in the best interest of the minor to

require the minor's consent. The consent of the minor must be given

before the court in such form as the court shall direct.

D. 1. When consent for adoption is necessary for minors in the

custody of the Department of Human Services, the Director of the

Department of Human Services or the designee of the Director may

designate, authorize, and direct in writing an employee of the

Department to appear in the court of the county in which said

Oklahoma Statutes - Title 10. Children Page 307

adoption proceedings are to be completed and to give written consent

for the adoption of such minor by the family whose application for

adoption has been approved by the Department of Human Services; or

2. The executive head of a licensed child-placing agency whose

consent is required for the adoption of a minor who is in the

custody of the licensed child-placing agency may designate,

authorize and direct in writing an employee of the agency to appear

in the district court of the county in which the adoption

proceedings are to be completed or before anyone authorized by law

to take acknowledgements and to give written consent for the

adoption of the minor.
Okla. Stat. tit. 10A, § 10A-1-4-401 — OK Code / Title 10A / Section 10A-1-4-401
Discovery and court rules concerning juvenile
Status: in_force

proceedings – Exchange of information – Protective order.

A. The provisions of the Oklahoma Discovery Code and the Rules

for District Courts of Oklahoma do not apply to juvenile proceedings

except as provided by this section.

B. The court may order the parties to exchange information that

is not work product and not privileged, including:

1. The assessment and investigation records of the Department

of Human Services; provided, all information that identifies the

reporter of alleged child abuse or neglect shall be redacted;

2. Law enforcement reports;

3. Any video or audio recording of an interview with the child

alleged to be deprived;

4. Any exhibit any party intends to introduce at trial; and

5. The names of any witnesses any party may call and a synopsis

of the expected testimony.

C. The court may in its discretion enter a scheduling order,

order mediation, and conduct status and settlement conferences as

needed during deprived proceedings.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 96

D. All information produced, exchanged, or used during the

pendency of the deprived action is confidential and shall be subject

to a protective order. The disclosure or use of the information for

any other purpose is prohibited except as permitted by law.
Okla. Stat. tit. 10A, § 10A-2-9-108 — OK Code / Title 10A / Section 10A-2-9-108
Interstate Commission - Oversight, enforcement and
Status: in_force

dispute resolution.

ARTICLE VII

OVERSIGHT, ENFORCEMENT AND DISPUTE

RESOLUTION BY THE INTERSTATE COMMISSION

A. Oversight.

1. The Interstate Commission shall oversee the administration

and operations of the interstate movement of juveniles subject to

this compact in the compacting states and shall monitor such

activities being administered in noncompacting states which may

significantly affect compacting states.

2. The courts and executive agencies in each compacting state

shall enforce this compact and shall take all actions necessary and

appropriate to effectuate the compact’s purposes and intent. The

provisions of this compact and the rules promulgated hereunder shall

be received by all the judges, public officers, commissions, and

departments of the state government as evidence of the authorized

statute and administrative rules. All courts shall take judicial

notice of the compact and the rules. In any judicial or

administrative proceeding in a compacting state pertaining to the

subject matter of this compact which may affect the powers,

responsibilities or actions of the Interstate Commission, it shall

be entitled to receive all service of process in any such

proceeding, and shall have standing to intervene in the proceeding

for all purposes.

B. Dispute resolution.

1. The compacting states shall report to the Interstate

Commission on all issues and activities necessary for the

administration of the compact as well as issues and activities

pertaining to compliance with the provisions of the compact and its

bylaws and rules.

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

a compacting state, to resolve any disputes or other issues which

are subject to the compact and which may arise among compacting

states and between compacting and noncompacting states. The

Interstate Commission shall promulgate a rule providing for both

mediation and binding dispute resolution for disputes among the

compacting states.

3. The Interstate Commission, in the reasonable exercise of its

discretion, shall enforce the provisions and rules of this compact

using any or all means set forth in Article XI of this compact.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 480
Okla. Stat. tit. 10, § 10-1107 — OK Code / Title 10 / Section 10-1107
Renumbered as 7003-2.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-1-2-104 — OK Code / Title 10A / Section 10A-1-2-104
Immunity from civil and criminal liability -
Status: in_force

Presumption.

A. Any person who, in good faith and exercising due care,

reports suspected child abuse or neglect, or who allows access to a

child by persons authorized to investigate a report concerning the

child shall have immunity from any liability, civil or criminal,

that might otherwise be incurred or imposed. Any such participant

shall have the same immunity with respect to participation in any

judicial proceeding resulting from such report.

B. For purposes of any proceeding, civil or criminal, the good

faith of any person in making a report pursuant to the provisions of

Section 1-2-101 of this title shall be presumed.

C. A child advocacy center that is accredited by the National

Children's Alliance, and the employees thereof, who are acting in

good faith and exercising due care shall have immunity from civil

liability that may be incurred or imposed through participation in

the investigation process and any judicial proceeding resulting from

the investigation process.
Okla. Stat. tit. 10, § 10-7606 — OK Code / Title 10 / Section 10-7606
Renumbered as § 2206 of Title 27A by Laws 2006, c. 226, §
Status: in_force

6, emerg. eff. June 6, 2006.
Okla. Stat. tit. 10A, § 10A-2-8-223 — OK Code / Title 10A / Section 10A-2-8-223
Penalties
Status: in_force

Any person violating the provisions of Section 1 of this act

shall be guilty of a misdemeanor and upon conviction thereof shall

be punished by imprisonment in the county jail not to exceed thirty

(30) days or by payment of a fine not to exceed One Hundred Dollars

($100.00) or by both such fine and imprisonment.
Okla. Stat. tit. 10A, § 10A-2-7-614 — OK Code / Title 10A / Section 10A-2-7-614
Foster care - Requirement of licensing standards
Status: in_force

A. Except as otherwise provided by this section, no child in

the custody of the Office of Juvenile Affairs shall be placed with

any foster placement unless the foster placement meets licensing

standards as required by rules promulgated by the Board of Juvenile

Affairs and the Oklahoma Child Care Facilities Licensing Act and is

otherwise approved for foster care by the Office of Juvenile Affairs

for children within its custody.

B. Except as otherwise provided by this section, no person

shall receive a child for foster care or provide foster care

services to a child unless such person meets licensing standards as

required by the Oklahoma Child Care Facilities Licensing Act and

rules promulgated by the Board of Juvenile Affairs, and is otherwise

approved by the Office of Juvenile Affairs for children within its

custody.
Okla. Stat. tit. 10A, § 10A-1-4-603 — OK Code / Title 10A / Section 10A-1-4-603
Order of adjudication finding child to be deprived
Status: in_force

A. If the court finds that:

1. The factual allegations in a petition filed by the state

alleging that a child is deprived are supported by a preponderance

of the evidence;

2. Such allegations are sufficient to support a finding that

the child is deprived; and

3. It is in the best interests of the child that the child be

declared to be a deprived child and made a ward of the court,

then the court shall sustain the petition, and shall make an order

of adjudication finding the child to be deprived and shall adjudge

the child as a ward of the court.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 105

B. The order of adjudication shall include a statement that

advises the parent that failure to appear at any subsequent hearing

or comply with any requirements of the court may result in the

termination of parental rights to the child.

C. When a child has been adjudicated deprived, the court shall

enter a dispositional order pursuant to the provisions of Section 1-

4-707 of this title.

D. When a child has been adjudicated deprived, the parent or

other legal custodian shall register with the court clerk within two

(2) days of the adjudication and provide a valid, current address or

other place where the parent or other legal custodian may be served

with a summons. In the event that the address or place where the

parent or legal custodian may be served a summons changes during the

course of the litigation, the parent or other legal custodian shall

have the obligation of filing a change of address form with the

clerk. In the event that an amended petition or motion is filed,

the address listed on the form of the court clerk shall constitute

the last-known address of the parent or other legal custodian unless

the state has actual knowledge of the parent or other legal

custodian’s location.
Okla. Stat. tit. 10A, § 10A-2-5-301 — OK Code / Title 10A / Section 10A-2-5-301
Educational needs during confinement or
Status: in_force

incarceration.

Any child under eighteen (18) years of age who is a legal

resident or the child of legal residents of the State of Oklahoma

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 374

who is detained, held or arrested for any offense pursuant to any

provision of the Juvenile Code or Criminal Code of this state,

including such persons subject to adult prosecution, youthful

offender proceedings, certification as an adult, reverse

certification or juvenile proceedings, shall be identified within

seventy-two (72) hours of such detention or arrest for educational

needs and shall be afforded such educational opportunities by the

State Department of Education without delay while in such facility

or jail, including city, county and state jails, holding facilities

and juvenile or correctional institutions.
Okla. Stat. tit. 10A, § 10A-1-7-104 — OK Code / Title 10A / Section 10A-1-7-104
Information to accompany child placed outside child's
Status: in_force

home – Passport Program.

A. The court shall ensure that the following information

accompanies any deprived child placed outside the child's home as

soon as the information becomes available:

1. Demographic information;

2. Strengths, needs and general behavior of the child;

3. Circumstances which necessitated placement;

4. Type of custody and previous placement;

5. Pertinent family information including, but not limited to,

the names of family members who are and who are not, by court order,

allowed to visit the child and the child's relationship to the

family which may affect placement;

6. Known and important life experiences and relationships which

may significantly affect the child's feelings, behavior, attitudes

or adjustment;

7. Whether the child has third-party insurance coverage which

may be available to the child;

8. Education history to include present grade placement, last

school attended, and special strengths and weaknesses. The

Department of Human Services shall also assist the foster parents in

getting the child admitted into school and obtaining the child's

school records; and

9. Known or available medical history including, but not

limited to:

a. allergies,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 196

b. immunizations,

c. childhood diseases,

d. physical handicaps,

e. psycho-social information, and

f. the name of the child's last doctor, if known.

B. When the Department places a child in out-of-home care, the

Department shall provide the placement providers with sufficient

medical information to enable the placement providers to care for

the child safely and appropriately. Such medical information shall

include, but not be limited to:

1. Any medical or psychological conditions;

2. Diseases, illnesses, accidents, allergies, and congenital

defects;

3. The child's Medicaid card or information on any other third-

party insurer, if any; and

4. Immunization history.

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

Passport Program for children in the custody of the Department.

2. The Program shall provide for a Passport, which shall be a

compilation of the significant information provided for in

subsections A and B of this section for each child, in particular,

education and physical and behavioral health records.

3. In furtherance of the purposes of this section, the Oklahoma

Health Care Authority, the Department of Education, and the

Department of Mental Health and Substance Abuse Services shall

cooperate with the Department to establish the Passport Program.

4. The Passport shall accompany each child to wherever the

child resides so long as the child is in the custody of the

Department and the Department shall:

a. work with public and private partners to gain access

to the information listed in subsections A and B of

this section,

b. provide for a secure database in which to store the

information, and

c. consult with the Oklahoma Health Care Authority to

convert Medicaid claims data to a usable format and to

add it from other data sources in order to provide

foster families more information about the history and

needs of the child.

5. For the purposes of Section 1 of this act, the secure

database created to store Passport information shall be made

available to the Office of Juvenile Affairs. Such access shall be

limited to student performance reports for students in the custody

of the Office of Juvenile Affairs.
Okla. Stat. tit. 10A, § 10A-2-3-104 — OK Code / Title 10A / Section 10A-2-3-104
Tort liability coverage of juvenile detention
Status: in_force

services - Contracts between boards of county commissioners.

The board of county commissioners of each county in this state

is authorized to enter into a contract with the county commissioners

of another county or counties to provide insurance coverage for any

tort liability risk incurred as a result of providing or providing

for the temporary detention of children in a juvenile detention

facility pursuant to the provisions of the Oklahoma Juvenile Code.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 343Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 5
Okla. Stat. tit. 10A, § 10A-2-5-207A — OK Code / Title 10A / Section 10A-2-5-207A
Motion for imposition of adult sentence -
Status: in_force

Certification study - Guidelines.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 363

A. Whenever the district attorney determines there is good

cause to believe that the person charged as a youthful offender

would not reasonably complete a plan of rehabilitation or the public

would not be adequately protected if the person were to be sentenced

as a youthful offender, the district attorney may file a motion for

the imposition of an adult sentence. The district attorney may

elect when to file the motion for the imposition of an adult

sentence as set forth as follows:

1. The district attorney may file the motion for the imposition

of an adult sentence no later than fourteen (14) days prior to the

start of the preliminary hearing. If the motion is properly filed

prior to preliminary hearing, the court shall rule on such motion

prior to a ruling to bind the person over for trial. Once the

motion for imposition of an adult sentence is heard by the court,

such motion cannot be filed again and argued to the trial court

after arraignment.

2. The district attorney may file the motion for the imposition

of an adult sentence no later than thirty (30) days following formal

arraignment. If the motion is properly filed, such motion will be

heard and ruled upon by the trial court.

3. If the accused’s attorney indicates to the court that the

accused wishes to plead guilty or nolo contendere to the charge or

charges, the court shall notify the district attorney. The district

attorney shall have ten (10) days after notification to file the

motion for the imposition of an adult sentence. If the motion is

properly filed, such motion will be heard and ruled upon by the

trial court.

B. If a motion for imposition of an adult sentence was properly

filed, the court shall order a certification study to be prepared by

the Office of Juvenile Affairs, unless waived by the accused with

approval of the court unless previously prepared pursuant to Section

2-5-206A of this title. Upon ordering the certification study, the

court may order the parent, guardian, next friend, or other person

legally obligated to care for and support the accused, to pay a fee

to the Office of Juvenile Affairs of not less than One Hundred

Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00).

The court shall set a reasonable date for the payment of the fee due

to the Office of Juvenile Affairs for the completion of the

certification study. In hardship cases, the court may establish a

payment schedule.

C. When ruling on a motion for the imposition of an adult

sentence, the court shall consider the following guidelines with

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

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

violent, premeditated, or willful manner, and the accused’s level of

involvement in the offense;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 364

2. Whether the offense was against persons and, if personal

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

statements of the victim or victims;

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

previous contacts with law enforcement agencies and juvenile or

criminal courts, prior periods of probation, and commitments to

juvenile facilities or placements;

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

capability of distinguishing right from wrong as determined by

consideration of the person’s psychological evaluation, home,

environmental situation, emotional attitude, and pattern of living;

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

accused person is processed through the juvenile justice system as

either a delinquent or youthful offender;

6. The reasonable likelihood of rehabilitation if the accused

is found to have committed the offense, using programs and

facilities currently available to the court through the juvenile

justice system; and

7. Whether the offense occurred while the accused person was

escaping or on escape status from a facility or placement for

youthful offenders or delinquent children.

D. After the hearing and consideration of the report of the

investigation, the court shall certify the person as eligible for

the imposition of an adult sentence only if the court finds by clear

and convincing evidence that there is good cause to believe that the

accused would not reasonably complete a plan of rehabilitation or

that the public would not be adequately protected if the accused

were to be sentenced as a youthful offender.

E. The court, in its decision on a motion for the imposition of

an adult sentence, shall issue a written order and prepare detailed

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

considerations in subsections C and D of this section, and shall

state that the court has considered each of the guidelines in

reaching its decision.

F. The order granting or denying the motion for the imposition

of an adult sentence shall be a final order, appealable to the Court

of Criminal Appeals when entered.

G. An order granting the district attorney’s motion for the

imposition of an adult sentence shall not be reviewable by the trial

court.
Okla. Stat. tit. 10, § 10-7304-1.1 — OK Code / Title 10 / Section 10-7304-1.1
Renumbered as § 2-3-101 of Title 10A by Laws 2009, c
Status: in_force

234, § 185, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-8-103 — OK Code / Title 10A / Section 10A-2-8-103
Juvenile sex offender registry - Information
Status: in_force

included.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 459

The Office of Juvenile Affairs shall establish and maintain a

registry for juvenile sex offenders required by the court to

register. The registry shall include fingerprints, photographs, and

information collected from forms submitted and other communications

relating to notice of duty to register, sex offender registration,

and notice of change of name or address. Information in the

juvenile sex offender registry is subject to release to law

enforcement agencies and may be released to the public pursuant to

court order as provided in Section 2-8-104 of this title.
Okla. Stat. tit. 10, § 10-7306-2.10 — OK Code / Title 10 / Section 10-7306-2.10
Renumbered as § 2-5-210 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 188, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-9-102a — OK Code / Title 10A / Section 10A-1-9-102a
Secure database for case review — Purpose
Status: in_force

A. The Oklahoma Commission on Children and Youth shall provide

for the creation and maintenance of a secure database to be utilized

by freestanding multidisciplinary child abuse teams during case

review.

B. The database shall be used to collect case information and

shall maintain strict security of all information. The database and

its use shall be subject to the confidential records requirements

established pursuant to Sections 1-6-102 and 1-6-107 of this title

and penalties for violations established pursuant to Section 1-6-107

of this title.

C. The purpose of the database shall include, but not be

limited to:

1. Facilitating case management;

2. Providing for appropriate and uniform collection and

reporting of case information by all freestanding multidisciplinary

child abuse teams;

3. Enabling Commission staff to conduct programmatic

evaluations; and

4. Identifying trends to make recommendations for improving the

children and youth service system.

D. The Commission shall promulgate rules necessary to implement

the provisions of this section.
Okla. Stat. tit. 10, § 10-1125.4 — OK Code / Title 10 / Section 10-1125.4
Renumbered as § 7307-1.7 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-5-203 — OK Code / Title 10A / Section 10A-2-5-203
Court proceedings - Jurisdiction
Status: in_force

A. 1. A child who is charged with having violated a state

statute or municipal ordinance other than as provided in Section 2-

5-205 of this title shall not be tried in a criminal action as an

adult or a youthful offender, but in a juvenile proceeding, unless

previously adjudicated as a youthful offender or sentenced as an

adult under the provisions of the Youthful Offender Act or certified

as an adult pursuant to Section 2-2-403 of this title.

2. When multiple offenses occur within the same course of

conduct within the same county and the person is prosecuted for at

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 354

least one offense as a youthful offender or as an adult pursuant to

subsection A, B, C, D, or E of Section 2-5-205 of this title, all

charges may be prosecuted under the same action pursuant to the

provisions of the Youthful Offender Act, if so ordered by the court.

The decision to join the cases shall not be appealable as a final

order. If the offense or offenses listed in subsection A, B, C, D,

or E of Section 2-5-205 of this title are subsequently dismissed for

any reason, or if a verdict of not guilty is returned, then any

remaining pending charges shall be transferred to the juvenile

court.

B. If, during the pendency of any action under the Youthful

Offender Act, it shall be ascertained that the person was a child at

the time of committing the alleged offense and had not reached the

age requirement for filing charges under subsection A, B, C, D, or E

of Section 2-5-205 of this title, the district court shall

immediately transfer the case, together with all the papers,

documents and testimony connected therewith, to the juvenile

division. The division making such transfer shall order the child

to be taken forthwith to the place of detention designated by the

juvenile division, to that division itself, or release such child to

the custody of some suitable person to be brought before the

juvenile division.

C. Nothing in this section shall be construed to prevent the

exercise of concurrent jurisdiction by another division of the

district court or by municipal courts in cases involving children

wherein the child is charged with the violation of a state or

municipal traffic law or ordinance.

D. 1. If a person commits an act which could have been charged

under subsection A, B, C, D, or E of Section 2-5-205 of this title

but, through no fault of the state, the crime was not reported or

did not become known to the district attorney or law enforcement

until the person reached eighteen (18) years of age, the person

shall be held accountable for his or her act as an adult and shall

not be subject to the provisions of the Youthful Offender Act or the

provisions of the Juvenile Code for certification as a juvenile.

2. In the event a person who is charged as a youthful offender

with a crime listed in subsection A, B, C, D, or E of Section 2-5-

205 of this title willfully and purposefully avoids arrest after

reasonable attempts by law enforcement to apprehend on his or her

warrant shall be prosecuted as an adult if apprehended after the

person turns eighteen (18) years of age.
Okla. Stat. tit. 10A, § 10A-1-2-109 — OK Code / Title 10A / Section 10A-1-2-109
Relinquishment of child 30 days or younger to medical
Status: in_force

services provider or child rescuer.

A. A parent subject to the provisions of this act shall not be

prosecuted for child abandonment or child neglect under the

provisions of any statute which makes child abandonment or child

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 63

neglect a crime, when the allegations of child abandonment or child

neglect are based solely on the relinquishment of a child thirty

(30) days of age or younger to a medical services provider or a

child rescuer as defined in this section.

B. The following entities shall, without a court order, take

possession of a child thirty (30) days of age or younger if the

child is voluntarily delivered to the entity by the parent of the

child and the parent did not express an intent to return for the

child:

1. A medical services provider; or

2. A child rescuer.

C. Delivery of the child may be effectuated by an in-person

transfer of the child to the medical services provider or child

rescuer or by leaving the child in a newborn safety device that is:

1. Voluntarily installed by the medical services provider or

child rescuer;

2. Physically located inside a police station, fire station,

child protective services agency, hospital or other medical

facility; and

3. Located in an area that is conspicuous and visible to the

employees of the police station, fire station, child protective

services agency, hospital or other medical facility.

D. A medical services provider or child rescuer that installs a

newborn safety device shall:

1. Be responsible for the cost of the installation; and

2. Install an adequate dual alarm system connected to the

physical location of the newborn safety device that is:

a. tested at least one time per week to ensure the alarm

system is in working order, and

b. visually checked at least two times per day to ensure

the alarm system is in working order.

E. Any entity identified in subsection B of this section to

which a parent seeks to relinquish a child pursuant to the

provisions of this section may:

1. Request, but not demand, any information about the child

that the parent is willing to share. The entity is encouraged to

ask about, but not demand, the details of any relevant medical

history relating to the child or the parents of the child. The

entity shall respect the wish of the parent if the parent desires to

remain anonymous; and

2. Provide the parent with printed information relating to the

rights of the parents, including both parents, with respect to

reunification with the child and sources of counseling for the

parents, if desired.

F. Once a child has been relinquished to any entity identified

in subsection B of this section, the entity receiving the child

shall:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 64

1. Perform or provide for the performance of any act necessary

to protect the physical health or safety of the child; and

2. Notify the local office of the Department that a parent of a

child thirty (30) days of age or younger, in the best judgment of

the receiving entity, has relinquished such child and that the

entity has taken possession of the child.

G. Upon being made aware that a medical services provider or

child rescuer has possession of a child under the provisions of this

section, the Department of Human Services shall immediately check

with law enforcement authorities to determine if a child has been

reported missing and whether the missing child could be the

relinquished child.

H. The Department shall design and disseminate:

1. A simplified form for the recording of medical or other

information that a relinquishing parent wishes to share with the

entity to whom the child is being relinquished;

2. Easily understood printed materials that give information

about parents’ rights with regard to reunification with a child

including, but not limited to, information on how a parent can

contact the appropriate entity regarding reunification, and

information on sources of counseling for relinquishing parents; and

3. Media information including printed material that creates

public awareness about the provisions of this act.

I. For purposes of this section:

1. “Medical services provider” means a person authorized to

practice the healing arts including a physician’s assistant or nurse

practitioner, a registered or practical nurse and a nurse aide; and

2. “Child rescuer” means any employee or other designated

person on duty at a police station, fire station, child protective

services agency, hospital or other medical facility.

J. A medical services provider or child rescuer with

responsibility for performing duties pursuant to this section shall

be immune from any criminal liability that might otherwise result

from the actions of the entity, if acting in good faith in receiving

a relinquished child. In addition, such medical provider or child

rescuer shall be immune from any civil liability that might

otherwise result from merely receiving a relinquished child.
Okla. Stat. tit. 10A, § 10A-1-4-702 — OK Code / Title 10A / Section 10A-1-4-702
Deprived child - Paternity - Support
Status: in_force

A. 1. When paternity of an alleged or adjudicated deprived

child has not been established, the court, within six (6) months

after the filing of a deprived petition, shall either establish

paternity or defer the issue of paternity establishment to the

appropriate administrative or district court for any child for whom

paternity has not been legally established according to the Uniform

Parentage Act.

2. When paternity is at issue, an alleged father and mother of

the child named in a deprived petition shall be given notice in the

petition and summons that paternity may be established in the

deprived action. Oklahoma Child Support Services shall proceed with

paternity establishment for any case deferred to the administrative

or other district court division under this subsection.

3. After the establishment of paternity, the court shall

address current child support pursuant to subsection B of this

section. In addition, the court may:

a. order the father to pay child support for past months

when no child support order was in effect according to

the provisions of Section 83 of Title 10 of the

Oklahoma Statutes, or

b. reserve or refer the issue of prior support to

Oklahoma Child Support Services.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 107

4. The order establishing paternity shall be filed as a

separate document and shall not be confidential. The court clerk of

the district court where the paternity order has been filed shall

provide, upon request, a copy of the order establishing paternity to

a representative of Oklahoma Child Support Services. A court order

for the release of the order establishing paternity or other

information contained in the court record pertaining to paternity

and child support shall not be required. The order may be captioned

with a different case style in order to establish and enforce a

child support order in an action other than the deprived proceeding.

B. 1. Each parent of any child named in a deprived petition

shall be given notice in the petition and summons that child support

may be ordered or modified in the deprived action.

2. Within six (6) months after the filing of a deprived

petition, the court shall address the issue of child support or

defer the issue of establishment or enforcement of child support to

the appropriate administrative or district court. Oklahoma Child

Support Services shall proceed with the establishment or enforcement

of child support orders for any case deferred to the administrative

or other district court division under this subsection; provided,

Oklahoma Child Support Services shall enforce all child support

orders entered by the court.

3. a. If there is an existing order for child support, the

existing order shall remain in effect unless the court

finds the existing order is not in the best interests

of the child or children involved.

b. The court shall use the child support guidelines as

provided for in Sections 118 and 119 of Title 43 of

the Oklahoma Statutes in determining the amount each

parent is to pay for care and maintenance of a child

and issue an order describing the finding of the

court.

c. The court may deviate from the child support

guidelines when it is determined necessary in order

for the parent to meet the obligations of a court-

imposed individualized service plan or for other

reasons as the court deems appropriate. If the court

deviates from the amount of child support indicated by

the child support guidelines, the court shall make

specific findings of fact supporting such action.

d. Each parent shall be individually ordered to pay his

or her percentage of the total monthly child support

obligation including parents who reside together.

e. The court shall order the parent to provide medical

insurance whenever the parent has insurance available

through employment or other group plan, regardless of

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 108

whether insurance is available at the time the order

is entered.

f. The child support order shall contain an immediate

income assignment provision pursuant to Section 115 of

Title 43 of the Oklahoma Statutes.

g. A child support computation form as provided for in

Section 120 of Title 43 of the Oklahoma Statutes shall

be completed by the court, counsel of record, or may

be referred to Oklahoma Child Support Services for

completion. Upon being signed by the judge, the

computation form shall be incorporated as a part of

the child support order.

h. (1) A standard child support order form shall be used

in the deprived action. The form shall be

prescribed by Oklahoma Child Support Services and

shall be published by the Administrative Office

of the Courts.

(2) The child support order shall be filed as a

separate document and shall not be confidential.

(3) The court clerk of the district court where the

child support order has been filed shall provide,

upon request, a copy of the support order to a

representative of Oklahoma Child Support

Services. A court order for the release of the

child support order or other information

contained in the court record pertaining to child

support shall not be required.

(4) The order may be captioned with a different case

style in order to enforce the child support order

in an action other than the deprived proceeding.

i. The child support order may be modified upon a

material change in circumstances.

j. The child support order may be enforced by any method

allowed by law.

k. After a deprived action is dismissed, the most recent

child support order entered in the deprived action

shall remain in full force and effect, unless the

judge presiding over the deprived action orders

otherwise. If there was no prior administrative or

district court case, the deprived action child support

order shall be docketed and filed in a new district

court family division action and enforced for current

child support and arrearages. If the judge presiding

over the deprived action modified a preexisting child

support order or if there was an existing

administrative or district court case, the child

support order entered in the deprived action shall be

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 109

filed in the existing case and enforced for current

child support and arrearages. The child support order

may be modified after being docketed in district

court.

C. All child support payments shall be paid through the

Oklahoma Centralized Support Registry as provided for in Section 413

of Title 43 of the Oklahoma Statutes.

D. When a child’s custody is changed from one parent or

caretaker to another pursuant to the Oklahoma Children’s Code, the

change in custody shall transfer child support payments to the new

caretaker unless the caretaker is receiving foster care payments or

Temporary Assistance to Needy Families payments for the care of the

child. Child support payments to the caretaker shall terminate when

the child no longer resides with the caretaker.

E. The Department of Human Services shall promulgate rules

necessary to implement the provisions of this section.
Okla. Stat. tit. 10, § 10-7103 — OK Code / Title 10 / Section 10-7103
Renumbered as § 1-2-101 of Title 10A by Laws 2009, c
Status: in_force

233, § 212, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-404 — OK Code / Title 10 / Section 10-404
Minimum requirements and desirable standards
Status: in_force

A. 1. The Department of Human Services, in consultation with

the Oklahoma Commission on Children and Youth, shall appoint

advisory committees of representatives of child care facilities and

others to recommend minimum requirements and desirable standards for

promulgation by the Department.

2. Committee members shall be appointed for a three-year term,

with a two-consecutive-term limit. The committees shall include

representation for all categories of facilities licensed by the

Department and shall be comprised as follows:

a. the Residential Children's Services subcommittee shall

include at a minimum:

(1) a representative of a statewide organization

representing children in care arrangements

outside their own home,

(2) a representative of a statewide organization

providing residential services to youth in state

custody,

(3) a recipient or former recipient of youth services

for children in state custody,

(4) a representative of a statewide organization

promoting adoption services,

(5) a parent or guardian providing foster care to a

child or children in state custody,

Oklahoma Statutes - Title 10. Children Page 72

(6) a representative from a nonpublic, long-term

residential care facility for children in state

custody,

(7) a representative from an organization promoting

the interests of Native American children in

state custody,

(8) a provider of medical services for children,

(9) a practicing behavioral health services provider,

(10) a representative from an agency providing child-

placing services, and

(11) other appropriate representatives at the

discretion of the Department of Human Services

and Commission on Children and Youth,

b. the Child Care Centers subcommittee shall include at a

minimum:

(1) a representative of a statewide organization

advocating for children in care arrangements

outside their own home,

(2) a representative of a statewide organization

conducting programs for school-age children,

(3) a parent or guardian with a child attending a

licensed child care facility,

(4) a representative of a licensed child care

facility in a rural area,

(5) a representative of a statewide organization

advocating for licensed child care facilities

owned or operated by Native Americans,

(6) a representative of a licensed child care

facility in an urban/suburban area,

(7) a representative of a statewide organization

advocating for programs provided under the Head

Start program,

(8) a representative with knowledge of child care

programs offered by career technology center in

this state,

(9) a representative of a statewide organization

advocating for early childhood education

programs,

(10) a representative of a statewide organization

providing resources and referrals to child care

facilities,

(11) a provider of medical services for children, and

(12) other appropriate representatives at the

discretion of the Department of Human Services

and Commission on Children and Youth,

c. the Child Care Homes subcommittee shall include at a

minimum:

Oklahoma Statutes - Title 10. Children Page 73

(1) a representative of a statewide organization

advocating for children in care arrangements

outside their own home,

(2) a parent or guardian with a child receiving care

at a licensed child care home,

(3) a representative of a licensed child care home in

a rural area,

(4) a representative of a statewide organization

advocating for licensed child care facilities

owned or operated by Native Americans,

(5) a representative of a licensed child care home in

an urban/suburban area,

(6) a representative of a statewide organization

advocating for early childhood education

programs,

(7) a representative of a statewide organization

providing resources and referrals to child care

facilities,

(8) a provider of medical services for children, and

(9) other appropriate representatives at the

discretion of the Department of Human Services

and Commission on Children and Youth, and

d. the Quality Rating and Improvement System subcommittee

shall include representatives of child care centers

and child care homes currently licensed by the State

and other members as determined by the Department of

Human Services and the Commission on Children and

Youth.

3. The Department shall create a Child Care Facility Peer

Review Board whose purpose shall be to participate in the

Department's grievance process. A majority of the Board shall be

representatives of child care facilities. The Department shall

promulgate rules specifying the duties of the Child Care Facility

Peer Review Board in the grievance process.

4. The advisory committee shall designate two people to serve

on the Department's Stars Administrative Review Panel. At least one

designee shall be the owner or operator of a licensed child care

center.

B. Child care facilities shall not allow children to be left

alone in the care of any person under eighteen (18) years of age

without supervision or sixteen (16) years of age with supervision as

delineated by the Department's rules. Child care centers and family

child care homes shall not:

1. Use soft or loose bedding, including, but not limited to,

blankets, in sleeping equipment or in sleeping areas used only for

infants;

Oklahoma Statutes - Title 10. Children Page 74

2. Allow toys or educational devices in sleeping equipment or

in a sleeping area used only for infants; or

3. Place a child in sleeping equipment or in a sleeping area

which has not been previously approved for use as such by the

Department.

C. The Department shall promulgate rules establishing minimum

requirements and desirable standards as may be deemed necessary or

advisable to carry out the provisions of the Oklahoma Child Care

Facilities Licensing Act.

D. Such rules shall not be promulgated until after consultation

with the State Department of Health, the State Department of

Education, the Oklahoma State Bureau of Investigation, the State

Fire Marshal, the Commission on Children and Youth, the Oklahoma

Department of Mental Health and Substance Abuse Services and any

other agency deemed necessary by the Department. Not less than

sixty (60) days' notice, by regular mail, shall be given to all

current licensees before any changes are made in such rules.

E. In order to improve the standards of child care, the

Department shall advise and cooperate with licensees, the governing

bodies and staff of licensed child care facilities and assist the

staff through advice of progressive methods and procedures, and

suggestions for the improvement of services.

F. The Department may participate in federal programs for child

care services, and enter into agreements or plans on behalf of the

state for that purpose, in accordance with federal laws and

regulations.
Okla. Stat. tit. 10, § 10-557.22 — OK Code / Title 10 / Section 10-557.22
Marriage or divorce of a gestational carrier
Status: in_force

A. The marriage of a gestational carrier after she enters into

a gestational agreement does not affect the gestational agreement.

In such instances, the consent of the person who became the spouse

of the gestational carrier after the gestational carrier entered

into the gestational agreement is not required in order for the

court to validate the gestational agreement, and such person need

not be party to the validation proceedings. The spouse of the

gestational carrier in such instances shall not be presumed to be

the parent of any resulting child.

B. The divorce or separation of the gestational carrier and any

spouse of the gestational carrier shall not affect the validation or

enforceability of such gestational agreement or the ability of the

court to validate such gestational agreement that otherwise complies

with this act.
Okla. Stat. tit. 10A, § 10A-1-1-105v1 — OK Code / Title 10A / Section 10A-1-1-105v1
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, or

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

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 11

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 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 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:

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,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 12

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. midlevel 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;

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.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 13

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;

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, group home, a foster home or

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, 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,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 14

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 or safety 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,

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.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 15

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;

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

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 16

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

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

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 17

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, 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;

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

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 18

(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;

43. "Kinship relation" or "kinship relationship" means

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

or tie with a child and/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;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 19

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

(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.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 20

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

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

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 21

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,

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 on Accreditation of

Healthcare Organizations (JCAHO),

(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;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 22

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;

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;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 23

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. "Third party" means any nonkin individual who is not

related to the child by blood, marriage, or legal adoption;

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:

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

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 24

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

parent, legal guardian or custodian.
Okla. Stat. tit. 10, § 10-40.2 — OK Code / Title 10 / Section 10-40.2
Definitions
Status: in_force

For the purposes of the Oklahoma Indian Child Welfare Act:

1. "Indian" means a person who is a member of an Indian tribe;2. "Indian child" means any unmarried or unemancipated person who is under the age of eighteen (18) and is either:

a. a member of an Indian tribe, or

b. is eligible for membership in an Indian tribe and is

the biological child of a member of an Indian tribe;

3. "Indian custodian" means any Indian person who has legal

custody of an Indian child under tribal law or custom or under state

law or to whom temporary physical care, custody and control has been

transferred by the parent of such child; and

4. "Indian tribe" means any Indian tribe, band, nation or other

organized group or community of Indians recognized as eligible for

the services provided to Indians by the Secretary of the Interior

because of their status as Indians.
Okla. Stat. tit. 10A, § 10A-2-1-103 — OK Code / Title 10A / Section 10A-2-1-103
Definitions
Status: in_force

When used in the Oklahoma Juvenile Code, unless the context

otherwise requires:

1. "Adjudicatory hearing" means a hearing to determine whether

the allegations of a petition filed pursuant to the provisions of

Chapter 2 of the Oklahoma Juvenile Code are supported by the

evidence and whether a juvenile should be adjudged to be a ward of

the court;

2. "Alternatives to secure detention" means those services and

facilities which are included in the State Plan for the

Establishment of Juvenile Detention Services adopted by the Board of

Juvenile Affairs and which are used for the temporary detention of

juveniles in lieu of secure detention in a juvenile detention

facility;

3. "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;

4. "Behavioral health facility" means a mental health or

substance abuse facility as provided for by the Inpatient Mental

Health and Substance Abuse Treatment of Minors Act;

5. "Board" means the Board of Juvenile Affairs;

6. "Child" or "juvenile" means any person under eighteen (18)

years of age, except for any person charged and convicted for any

offense specified in the Youthful Offender Act or against whom

judgment and sentence has been deferred for such offense, or any

person who is certified as an adult pursuant to any certification

procedure authorized in the Oklahoma Juvenile Code for any offense

which results in a conviction or against whom judgment and sentence

has been deferred for such offense;

7. "Child or juvenile in need of mental health and substance

abuse treatment" means a juvenile in need of mental health and

substance abuse treatment as defined by the Inpatient Mental Health

and Substance Abuse Treatment of Minors Act;

8. "Child or juvenile in need of supervision" means a juvenile

who:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 263

a. has repeatedly disobeyed reasonable and lawful

commands or directives of the parent, legal guardian,

or other custodian,

b. is willfully and voluntarily absent from his or her

home without the consent of the parent, legal

guardian, or other custodian for a substantial length

of time or without intent to return,

c. is willfully and voluntarily absent from school, as

specified in Section 10-106 of Title 70 of the

Oklahoma Statutes, if the juvenile is subject to

compulsory school attendance, or

d. has been served with an ex parte or final protective

order pursuant to the Protection from Domestic Abuse

Act;

9. "Community-based" means a facility, program or service

located near the home or family of the juvenile, and programs of

community prevention, diversion, supervision and service which

maintain community participation in their planning, operation, and

evaluation. These programs may include but are not limited to

medical, educational, vocational, social, and psychological

guidance, training, counseling, alcoholism treatment, drug

treatment, prevention and diversion programs, diversion programs for

first-time offenders, transitional living, independent living and

other rehabilitative services;

10. "Community intervention center" means a facility which

serves as a short-term reception facility to receive and hold

juveniles for an alleged violation of a municipal ordinance, state

law or who are alleged to be in need of supervision, as provided for

in subsection D of Section 2-7-305 of this title;

11. "Core community-based" means the following community-based

facilities, programs or services provided through contract with the

Office of Juvenile Affairs as provided in Section 2-7-306 of this

title:

a. screening, evaluation and assessment which includes a

face-to-face screening and evaluation to establish

problem identification and to determine the risk level

of a child or adolescent and may result in clinical

diagnosis or diagnostic impression,

b. treatment planning which includes preparation of an

individualized treatment plan which is usually done as

part of the screening, evaluation and assessment,

c. treatment plan reviewing which includes a

comprehensive review and evaluation of the

effectiveness of the treatment plan,

d. individual counseling which includes face-to-face,

one-on-one interaction between a counselor and a

juvenile to promote emotional or psychological change

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 264

to alleviate the issues, problems, and difficulties

that led to a referral, including ongoing assessment

of the status and response of the juvenile to

treatment as well as psychoeducational intervention,

e. group counseling which includes a method of treating a

group of individuals using the interaction between a

counselor and two or more juveniles or parents or

guardians to promote positive emotional or behavioral

change, not including social skills development or

daily living skills,

f. family counseling which includes a face-to-face

interaction between a counselor and the family of the

juvenile to facilitate emotional, psychological or

behavior changes and promote successful communication

and understanding,

g. crisis intervention counseling which includes

unanticipated, unscheduled face-to-face emergency

intervention provided by a licensed level or qualified

staff with immediate access to a licensed provider to

resolve immediate, overwhelming problems that severely

impair the ability of the juvenile to function or

maintain in the community,

h. crisis intervention telephone support which includes

supportive telephone assistance provided by a licensed

level provider or qualified staff with immediate

access to a licensed provider to resolve immediate,

overwhelming problems that severely impair the ability

of the juvenile to function or maintain in the

community,

i. case management which includes planned linkage,

advocacy and referral assistance provided in

partnership with a client to support that client in

self-sufficiency and community tenure,

j. case management and home-based services which includes

that part of case management services dedicated to

travel for the purpose of linkage, advocacy and

referral assistance and travel to provide counseling

and support services to families of children as needed

to support specific youth and families in self-

sufficiency and community tenure,

k. individual rehabilitative treatment which includes

face-to-face service provided one-on-one by qualified

staff to maintain or develop skills necessary to

perform activities of daily living and successful

integration into community life, including educational

and supportive services regarding independent living,

self-care, social skills regarding development,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 265

lifestyle changes and recovery principles and

practices,

l. group rehabilitative treatment which includes face-to-

face group services provided by qualified staff to

maintain or develop skills necessary to perform

activities of daily living and successful integration

into community life, including educational and

supportive services regarding independent living,

self-care, social skills regarding development,

lifestyle changes and recovery principles and

practices,

m. community-based prevention services which include

services delivered in an individual or group setting

by a qualified provider designed to meet the services

needs of a child or youth and family of the child or

youth who has been referred because of identified

problems in the family or community. The group

prevention planned activities must be focused on

reducing the risk that individuals will experience

behavioral, substance abuse or delinquency-related

problems. Appropriate curriculum-based group

activities include, but are not limited to, First

Offender groups, prevention and relationship

enhancement groups, anger management groups, life

skills groups, substance abuse education groups,

smoking cessation groups, STD/HIV groups and parenting

groups,

n. individual paraprofessional services which include

services delineated in the treatment plan of the

juvenile which are necessary for full integration of

the juvenile into the home and community, but do not

require a professional level of education and

experience. Activities include assisting families

with Medicaid applications, assisting with school and

General Educational Development (GED) enrollment,

assisting youth with independent living arrangements,

providing assistance with educational problems and

deficiencies, acting as a role model for youth while

engaging them in community activities, assisting youth

in seeking and obtaining employment, providing

transportation for required appointments and

activities, participating in recreational activities

and accessing other required community support

services necessary for full community integration and

successful treatment,

o. tutoring which includes a tutor and student working

together as a learning team to bring about overall

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 266

academic success, improved self-esteem and increased

independence as a learner for the student,

p. community relations which include public or community

relations activities directed toward the community or

public at large or any segment of the public to

encourage understanding, accessibility and use of

community-based facilities, programs or services,

q. children's emergency resource centers that are

community-based and 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 who

have been detained as delinquent or in need of

supervision and temporarily placed by a court, or

children in crisis who are in custody of the Office of

Juvenile Affairs if permitted under the Office's

policies and regulations or who have been voluntarily

placed by a parent or custodian during a temporary

crisis,

r. transitional living programs which include a

structured program to help older homeless youth

achieve self-sufficiency and avoid long-term

dependence on social services,

s. community-at-risk services (C.A.R.S.) which include a

program provided to juveniles in custody or under the

supervision of the Office of Juvenile Affairs or a

juvenile bureau to prevent out-of-home placement and

to reintegrate juveniles returning from placements.

The program shall include, but not be limited to,

treatment plan development, counseling, diagnostic and

evaluation services, mentoring, tutoring, and

supervision of youth in independent living,

t. first offender programs which include alternative

diversion programs, as defined by Section 2-2-404 of

this title, and

u. other community-based facilities, programs or services

designated by the Board as core community-based

facilities, programs or services;

12. "Day treatment" means a program which provides intensive

services to juveniles who reside in their own home, the home of a

relative, or a foster home. Day treatment programs include

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 267

educational services and may be operated as a part of a residential

facility;

13. "Delinquent child or juvenile" means a juvenile who:

a. has violated any federal or state law or municipal

ordinance except a traffic statute or traffic

ordinance or any provision of the Oklahoma Wildlife

Conservation Code, the Oklahoma Vessel and Motor

Regulation Act or the Oklahoma Boating Safety

Regulation Act, or has violated any lawful order of

the court made pursuant to the provisions of the

Oklahoma Juvenile Code, or

b. has habitually violated traffic laws, traffic

ordinances or boating safety laws or rules;

14. "Dispositional hearing" means a hearing to determine the

order of disposition which should be made with respect to a juvenile

adjudged to be a ward of the court;

15. "Executive Director" means the Executive Director of the

Office of Juvenile Affairs;

16. "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 which is used for the

lawful custody and treatment of juveniles. A facility shall not be

considered a correctional facility subject to the provisions of

Title 57 of the Oklahoma Statutes;

17. "Graduated sanctions" means a calibrated system of

sanctions designed to ensure that juvenile offenders face uniform,

immediate, and consistent consequences that correspond to the

seriousness of each offender's current offense, prior delinquent

history, and compliance with prior interventions;

18. "Group home" means a residential facility with a program

which emphasizes family-style living in a homelike environment.

Said group home may also offer a program within the community to

meet the specialized treatment needs of its residents. A group home

shall not be considered a correctional facility subject to the

provisions of Title 57 of the Oklahoma Statutes;

19. "Independent living program" means a program designed to

assist a juvenile to enhance skills and abilities necessary for

successful adult living and may include but shall not be limited to

minimal direct staff supervision and supportive services in making

the arrangements necessary for an appropriate place of residence,

completing an education, vocational training, obtaining employment

or other similar services;

20. "Institution" means a residential facility offering care

and treatment for more than twenty residents. An institution shall

not be considered a correctional facility subject to the provisions

of Title 57 of the Oklahoma Statutes. Said institution may:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 268

a. have a program which includes community participation

and community-based services, or

b. be a secure facility with a program exclusively

designed for a particular category of resident;

21. "Juvenile detention facility" means a facility which is

secured by locked rooms, buildings and fences, and meets the

certification standards of the Office and which is entirely separate

from any prison, jail, adult lockup, or other adult facility, for

the temporary care of children. A juvenile detention facility shall

not be considered a correctional facility subject to the provisions

of Title 57 of the Oklahoma Statutes;

22. "Municipal juvenile facility" means a facility other than a

community intervention center that accepts a child under eighteen

(18) years of age charged with violating a municipal ordinance and

meets the requirements of Section 2-2-102 of this title;

23. "Office" means the Office of Juvenile Affairs;

24. "Peer Review" means an initial or annual review and report

to the Office of Juvenile Affairs of the organization, programs,

records and financial condition of a Youth Services Agency by the

Oklahoma Association of Youth Services, or another Oklahoma

nonprofit corporation whose membership consists solely of Youth

Services Agencies and of whom at least a majority of Youth Services

Agencies are members. An annual review may consist of a review of

one or more major areas of the operation of the Youth Services

Agency being reviewed;

25. "Person responsible for a juvenile's health or welfare"

includes a parent, a legal guardian, custodian, a foster parent, a

person eighteen (18) years of age or older with whom the juvenile'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 or facility, or an owner, operator, or employee of a

child care facility as defined by Section 402 of Title 10 of the

Oklahoma Statutes;

26. "Preliminary inquiry" or "intake" means a mandatory,

preadjudicatory interview of the juvenile and, if available, the

parents, legal guardian, or other custodian of the juvenile, which

is performed by a duly authorized individual to determine whether a

juvenile comes within the purview of the Oklahoma Juvenile Code,

whether nonadjudicatory alternatives are available and appropriate,

and if the filing of a petition is necessary;

27. "Probation" means a legal status created by court order

whereby a delinquent juvenile is permitted to remain outside an

Office of Juvenile Affairs facility directly or by contract under

prescribed conditions and under supervision by the Office, subject

to return to the court for violation of any of the conditions

prescribed;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 269

28. "Rehabilitative facility" means a facility maintained by

the state exclusively for the care, education, training, treatment,

and rehabilitation of juveniles in need of supervision;

29. "Responsible adult" means a stepparent, foster parent,

person related to the juvenile in any manner who is eighteen (18)

years of age or older, or any person having an obligation and

authority to care for or safeguard the juvenile in the absence of

another person who is eighteen (18) years of age or older;

30. "Secure detention" means the temporary care of juveniles

who require secure custody in physically restricting facilities:

a. while under the continuing jurisdiction of the court

pending court disposition, or

b. pending placement by the Office of Juvenile Affairs

after adjudication;

31. "Secure facility" means a facility, maintained by the state

exclusively for the care, education, training, treatment, and

rehabilitation of delinquent juveniles or youthful offenders which

relies on locked rooms and buildings, and fences for physical

restraint in order to control behavior of its residents. A secure

facility shall not be considered a correctional facility subject to

the provisions of Title 57 of the Oklahoma Statutes;

32. "Transitional living program" means a residential program

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

the purpose of assisting juveniles to develop the skills and

abilities necessary for successful adult living. Said 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

33. "Youth Services Agency" means a nonprofit corporation with

a local board of directors, officers and staff that has been

designated by the Board as a Youth Services Agency, that is peer

reviewed annually, and that provides community-based facilities,

programs or services to juveniles and their families in the youth

services service area in which it is located.
Okla. Stat. tit. 10, § 10-7303-1.1 — OK Code / Title 10 / Section 10-7303-1.1
Renumbered as § 2-2-101 of Title 10A by Laws 2009, c
Status: in_force

234, § 178, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-6-102 — OK Code / Title 10A / Section 10A-2-6-102
Confidential juvenile records
Status: in_force

A. Except as provided by this section or as otherwise

specifically provided by state or federal laws, the following

juvenile records are confidential and shall not be open to the

general public, inspected, or their contents disclosed:

1. Juvenile court records;

2. Agency records;

3. District attorney’s records;

4. Law enforcement records;

5. Nondirectory education records; and

6. Social records.

B. The confidentiality limitation of subsection A of this

section shall not apply to statistical information or information of

a general nature obtained pursuant to the provisions of the Oklahoma

Juvenile Code.

C. The confidentiality requirements of subsection A of this

section for juvenile court records and law enforcement records shall

not apply:

1. Upon the charging or certification of a juvenile as an adult

or youthful offender;

2. To a violation of any traffic regulation or motor vehicle

regulation of Title 47 of the Oklahoma Statutes, or to a violation

of any city ordinance or county resolution which relates to the

regulation of traffic on the roads, highways, or streets, or to the

operation of self-propelled or nonself-propelled vehicles of any

kind in this state;

3. To a juvenile who is fourteen (14) years of age or older and

who has been adjudicated delinquent and who subsequently comes

before the juvenile court on a new delinquency matter after July 1,

1995;

4. To a juvenile adjudicated a delinquent for committing a

delinquent act which, if committed by an adult, would be a felony

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 377

offense that is a crime against the person or a felony offense

involving a dangerous weapon;

5. To arrest records of a juvenile arrested for committing an

act, which if committed by an adult, would be a felony offense;

6. To a violation of the Prevention of Youth Access to Tobacco

Act;

7. Whenever a juvenile is accepted for placement or treatment

in a facility or private treatment facility within this state as a

result of or following a conviction or adjudication for an out-of-

state offense that would qualify the juvenile as a youthful

offender, as defined in Section 2-5-202 of this title, had the crime

occurred within this state. The facility shall provide any law

enforcement agency or peace officer all prior criminal offense,

conviction, and adjudication information. If a juvenile flees or is

otherwise absent from the facility without permission, the facility

shall provide any law enforcement agency or peace officer all prior

criminal offense, conviction, and adjudication information. Any law

enforcement agency or peace officer shall have the authority to

review or copy any records concerning the juvenile, including prior

criminal offense, conviction, or adjudication information; or

8. a. Whenever files and records exist in cases involving

allegations or findings of physical or sexual violence

against a minor in custody. The following parties

shall be granted access to relevant files:

(1) law enforcement officers investigating the

incident,

(2) the minor’s legal guardians or parents,

(3) attorneys representing the minor in civil or

criminal proceedings,

(4) court-appointed advocates in connection with

proceedings relating to the minor’s welfare, and

(5) officers of the court who are conducting

investigations to assist the minor.

b. Access under this paragraph shall be limited to files

and records directly related to the incident of sexual

violence. Sensitive information, including

identifying details of unrelated juveniles and

personal details not pertinent to the case, shall be

redacted to protect the privacy of other individuals

in custody.

c. All parties who are granted access under this

paragraph shall be bound by confidentiality

requirements and shall not further disclose the

records except as necessary for legal proceedings or

investigations.

d. A court may further restrict or expand access to the

Office of Juvenile Affairs records as necessary to

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 378

balance the need for investigation and justice with

the protection of sensitive information.

D. Following the first adjudication as a delinquent, the court

having jurisdiction shall note on the juvenile court record of the

person that any subsequent juvenile court records shall not be

confidential; provided, the child is at least fourteen (14) years of

age or older. Any juvenile court record which becomes an open

juvenile record as provided in this subsection may be expunged as

provided in Section 2-6-109 of this title.

The provisions of this subsection shall only apply to the

juvenile court records and law enforcement records of juvenile

offenders certified, charged or adjudicated on and after July 1,

1995.

E. When a delinquent child has escaped or run away from a

secure facility or other institutional placement for delinquents,

the name and description of the child may be released to the public

by the agency having custody of the child as necessary and

appropriate for the protection of the public and the apprehension of

the delinquent child whether or not the juvenile record is

confidential or open.

F. Except as otherwise required by state or federal law, the

confidential records listed in subsection A of this section may only

be inspected, released, disclosed, corrected or expunged pursuant to

an order of the court. Except as otherwise provided in Section

601.6 of Title 10 of the Oklahoma Statutes or any provision of this

chapter, no subpoena or subpoena duces tecum purporting to compel

disclosure of confidential information or any confidential juvenile

record shall be valid.

G. An order of the court authorizing the inspection, release,

disclosure, correction or expungement of confidential records shall

be entered by the court only after a review of the records by the

court and a determination by the court, with due regard for the

confidentiality of the records and the privacy of persons identified

in the records, that a compelling reason exists and such inspection,

release or disclosure is necessary for the protection of a

legitimate public or private interest.

Except for district attorney records, any court order

authorizing the disclosure, release or inspection of a confidential

juvenile record may be conditioned on such terms and restrictions as

the court deems necessary and appropriate.

H. Upon receiving a written request for inspection, release,

disclosure, or correction of a juvenile record, the court shall

determine whether the record of a juvenile falls under one of the

exceptions listed in subsection C of this section. If the record

falls under one of the exceptions in subsection C of this section,

the court shall issue an order authorizing inspection, release,

disclosure or correction of the juvenile record. If the release of

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 379

a juvenile record is authorized by the court, the Office of Juvenile

Affairs shall provide information to the requestor regarding the

location of the juvenile record to be released.

I. Any agency or person may seek an order from the juvenile

court prohibiting the release of confidential information subject to

disclosure without an order of the court pursuant to Section 620.6

of Title 10 of the Oklahoma Statutes or any provision of this

chapter. The court may, for good cause shown, prohibit the release

of such information or authorize release of the information upon

such conditions as the court deems necessary and appropriate.

J. In accordance with the provisions of the Juvenile Offender

Tracking Program and Section 620.6 of Title 10 of the Oklahoma

Statutes:

1. Information included in the records listed in subsection A

of this section may be entered in and maintained in the Juvenile

Justice Information System and other automated information systems

related to services to children and youth whether or not the record

is confidential or open; and

2. The information systems may be accessed by participating

agencies as defined by this chapter or as otherwise provided by law.

K. The court may authorize a designated person to review

juvenile court confidential reports and records and collect

statistical information and other abstract information for research

purposes. Such authorization shall be in writing and shall state

specifically the type of information which may be reviewed and

reported.

Each person granted permission to inspect confidential reports

and records for research purposes shall present a notarized

statement to the court stating that the names of juveniles, parents

and other persons as may be required by the court to be confidential

will remain confidential.

L. Nothing contained in the provisions of Section 620.6 of

Title 10 of the Oklahoma Statutes or any provision of this chapter

shall be construed as:

1. Authorizing the inspection of records or the disclosure of

information contained in records relating to the provision of

benefits or services funded, in whole or in part, with federal

funds, except in accord with federal statutes and regulations

governing the receipt or use of such funds;

2. Authorizing the disclosure of information required to be

kept confidential by Section 7505-1.1, 7506-1.1 or 7510-1.5 of Title

10 of the Oklahoma Statutes, the Oklahoma Adoption Code or

disclosure of any other confidential record pursuant to the

provisions of this chapter;

3. Abrogating any privilege, including the attorney-client

privilege, or affecting any limitation on such privilege found in

any other statutes;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 380

4. Limiting or otherwise affecting access of parties to a

juvenile proceeding to any records filed with or submitted to the

court;

5. Limiting or otherwise affecting access of agencies to

information subject to disclosure, review or inspection by contract

or as a condition for the receipt of public funds or participation

in any program administered by the agency;

6. Prohibiting the Office of Juvenile Affairs from summarizing

the outcome of an investigation to the person who reported a known

or suspected instance of child abuse or neglect; or

7. Prohibiting the person or agency conducting a preliminary

inquiry relating to an alleged delinquent act from providing

information, as to the disposition of the matter by the district

attorney, to the person or agency which referred the matter,

including but not limited to whether a petition was filed or an

alternative action taken, and the basis for such action and the

terms of any agreement entered into by the child for payment of

restitution, and including but not limited to provisions for

community services.

M. The confidential records listed in subsection A of this

section may be inspected and their contents disclosed without a

court order to the Oklahoma School for the Blind, Oklahoma School

for the Deaf, or a school district in which the child who is the

subject of the record is currently enrolled or has been presented

for enrollment. The inspection of records and disclosure authorized

by this subsection may be limited to summaries or to information

directly necessary for the purpose of such inspection or disclosure.

Upon request by the Oklahoma School for the Blind, Oklahoma School

for the Deaf, or a school district, the agency in possession of the

records shall provide in writing, digitally, or by delivery to a

secure facsimile line, the requested information to the school

district within five (5) business days upon receipt of the request.

Any records disclosed as provided by this subsection shall remain

confidential. The use of any information shall be limited to the

purposes for which disclosure is authorized.

N. The records of a case for which a petition is not filed

shall be subject to the provisions of Chapter 6 of the Oklahoma

Juvenile Code.
Okla. Stat. tit. 10, § 10-7303-4.3 — OK Code / Title 10 / Section 10-7303-4.3
Renumbered as § 2-2-403 of Title 10A by Laws 2009, c
Status: in_force

234, § 180, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7510-2.2 — OK Code / Title 10 / Section 10-7510-2.2
Photograph and description of child to be provided to
Status: in_force

exchange.

Pursuant to the provisions of Section 60.31 of this title, the

Department of Human Services and all child-placing agencies shall be

required to provide to the Oklahoma Children's Adoption Resource

Exchange or any other instate, out-of-state or national adoption

exchange specified by the Department, a recent photograph and

description of each child who is legally available for adoption and

for whom no adoptive home has been found. Requirements of this

section must be completed within ninety (90) days of the date a

child has become legally available for adoption or as otherwise

required by the adoption exchange.
Okla. Stat. tit. 10A, § 10A-2-9-103 — OK Code / Title 10A / Section 10A-2-9-103
Definitions
Status: in_force

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a

different construction:

1. “Bylaws” means those bylaws established by the Interstate

Commission for its governance, or for directing or controlling its

actions or conduct;

2. “Compact administrator” means the individual in each

compacting state appointed pursuant to the terms of this compact,

responsible for the administration and management of the state’s

supervision and transfer of juveniles subject to the terms of this

compact, the rules adopted by the Interstate Commission and policies

adopted by the State Council under this compact;

3. “Compacting state” means any state which has enacted the

enabling legislation for this compact;

4. “Commissioner” means the voting representative of each

compacting state appointed pursuant to Article III of this compact;

5. “Court” means any court having jurisdiction over delinquent,

neglected, or dependent children;

6. “Deputy compact administrator” means the individual, if any,

in each compacting state appointed to act on behalf of a Compact

Administrator pursuant to the terms of this compact responsible for

the administration and management of the state’s supervision and

transfer of juveniles subject to the terms of this compact, the

rules adopted by the Interstate Commission and policies adopted by

the State Council under this compact;

7. “Interstate Commission” means the Interstate Commission for

Juveniles created by Article III of this compact;

8. “Juvenile” means any person defined as a juvenile in any

member state or by the rules of the Interstate Commission,

including:

a. “accused delinquent” means a person charged with an

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

criminal offense,

b. “adjudicated delinquent” means a person found to have

committed an offense that, if committed by an adult,

would be a criminal offense,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 471

c. “accused status offender” means a person charged with

an offense that would not be a criminal offense if

committed by an adult,

d. “adjudicated status offender” means a person found to

have committed an offense that would not be a criminal

offense if committed by an adult, and

e. “non-offender” means a person in need of supervision

who has not been accused or adjudicated a status

offender or delinquent;

9. “Noncompacting state” means any state which has not enacted

the enabling legislation for this compact;

10. “Probation or parole” means any kind of supervision or

conditional release of juveniles authorized under the laws of the

compacting states;

11. “Rule” means a written statement by the Interstate

Commission promulgated pursuant to Article VI of this compact that

is of general applicability, implements, interprets or prescribes a

policy or provision of the Compact, or an organizational,

procedural, or practice requirement of the Interstate Commission,

and has the force and effect of statutory law in a compacting state,

and includes the amendment, repeal, or suspension of an existing

rule; and

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

Columbia (or its designee), the Commonwealth of Puerto Rico, the

U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas

Islands.
Okla. Stat. tit. 10A, § 10A-1-4-710 — OK Code / Title 10A / Section 10A-1-4-710
Motion for permanent guardianship – Notice – Home study – Findings – Visitation –
Status: in_force

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 2study – Findings – Visitation – Guardianship review.

A. The district attorney or child's attorney shall file a

motion for permanent guardianship with the juvenile court in the

deprived case. The motion shall be verified by the prospective

guardian and shall include the following:

1. The name, gender, and date of birth of the child;

2. The facts and circumstances supporting the grounds for

permanent guardianship;

3. The name and address of the prospective guardian and a

statement that the prospective guardian agrees to accept the duties

and responsibilities of guardianship;

4. The relationship of the child to the prospective guardian;

5. That the prospective guardian understands that the

guardianship is intended to be permanent in nature and that the

person will be responsible as the guardian until the child reaches

the age of majority;

6. Whether the child has resided with the prospective guardian

prior to the motion being filed, and, if so, the length of time and

the circumstances surrounding the child's stay; and

7. Whether there exists a loving, emotional tie between the

child and the prospective guardian.

B. Notice of the hearing as well as a copy of the motion shall

be served upon the parties, the Department of Human Services, and

the guardian ad litem of the child, if any. Notice shall also be

sent to the tribe of an Indian child as defined by the federal

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 127

Indian Child Welfare Act. Service shall not be required on the

parent whose rights have been previously terminated.

C. 1. When the child is in the custody of the Department, the

Department shall cause a home study of the proposed guardian's home

to be completed and provide a report to the court regarding the

suitability of the proposed guardian and whether guardianship is in

the best interest of the child. The Department shall promulgate

rules in furtherance of the duties imposed by this subsection.

However, the prospective guardian shall be responsible to obtain the

home study if the child is not in the custody of the Department.

2. The findings of the home study shall be set forth in a

written report provided to the court, the district attorney, the

child, and the guardian ad litem, if any, before the hearing. The

court may require additional information as necessary to make an

appropriate decision regarding the permanent guardianship.

D. 1. Before issuing an order of permanent guardianship, the

court shall find by clear and convincing evidence all of the

following:

a. the factual basis for establishing parental unfitness

or unavailability to provide adequate care for the

child,

b. termination of the rights of the parent is either not

legally possible or not in the best interests of the

child, or adoption is not the permanency plan for the

child,

c. the child has resided with the permanent guardian for

at least six (6) months, or the permanent guardian is

a relative with whom the child has a relationship,

d. a permanent guardianship is in the best interests of

the child, and

e. the proposed permanent guardian:

(1) is emotionally, mentally, physically, and

financially suitable to become the permanent

guardian,

(2) has expressly committed to remain the permanent

guardian for the duration of the child's

minority, and

(3) has expressly demonstrated a clear understanding

of the financial implications of becoming a

permanent guardian.

2. A decree of permanent guardianship divests the parents of

legal custody or guardianship of the child, but is not a termination

of parental rights.

E. Upon finding that grounds exist for a permanent

guardianship, the court may also order visitation with the parent,

siblings, or other relatives of the child if such contact would be

in the child's best interests as well as any other provision

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 128

necessary to provide for the child's continuing safety and well-

being. The court shall order the parents to contribute to the

support of the child pursuant to child-support guidelines as

provided for in Sections 118 and 119 of Title 43 of the Oklahoma

Statutes.

F. 1. An order appointing a permanent guardian shall:

a. require that the placement be reviewed within one (1)

year after transfer, and may require the permanent

guardian to submit any records or reports the court

deems necessary for purposes of such review,

b. divest the Department of legal custody and supervision

of the child and the Department shall have no further

responsibility for the custody or supervision of the

child,

c. not require periodic reviews by the court thereafter

if the parties agree with the assent of the court that

the reviews are not necessary to serve the best

interests of the child, unless periodic reviews are

otherwise required by the court.

2. Unless periodic reviews are required, the court may close

the case, provided the order of permanent guardianship shall remain

in full force and effect subject to the provisions of this Code and:

a. shall remain in full force and effect and shall

control over any custody or child support order

entered in an administrative or district court action

initiated prior to or during the pendency of the

deprived action until 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 permanent guardian 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

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 129

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.
Okla. Stat. tit. 10, § 10-7505-2.1 — OK Code / Title 10 / Section 10-7505-2.1
Preadoption termination of parental rights
Status: in_force

A. 1. Prior to the filing of a petition for adoption, a child-

placing agency, attorney, or prospective adoptive parent to whom a

parent having legal custody has executed a consent to adoption or

has permanently relinquished a minor born out of wedlock may file a

Oklahoma Statutes - Title 10. Children Page 337

petition for the termination of the parental rights of a putative

father or a parent of the child. The petition shall be filed with

the district court of the county in which the relinquishment was

executed or in the county in which the putative father, a parent,

the petitioner, or the minor resides at the time of the filing of

the petition.

2. The affidavit of expenses required by subsection A of

Section 7505-3.2 of this title is not required to be attached to a

petition filed pursuant to this section, nor must it be filed prior

to issuance of an order terminating parental rights entered in a

proceeding brought under this section.

B. 1. Notice of the hearing on the petition to terminate

parental rights and a copy of the petition shall be served upon such

putative father or a parent in the same manner as summons is served

in civil cases, not less than fifteen (15) days prior to the

hearing.

2. The notice shall contain the name of the putative father or

parent, or if unknown, the name of the minor, the date of birth of

the minor, the date of the hearing, and the ground or grounds for

which termination of parental rights is sought. The notice shall

apprise the putative father or parent of his or her legal rights and

shall include a clear statement that failure to appear at the

hearing shall constitute a denial of interest in the minor which

denial may result, without further notice of this proceeding or any

subsequent proceeding, in the termination of his or her parental

rights and the transfer of the care, custody or guardianship of the

minor or in the adoption of the minor.

3. If the identity or whereabouts of a putative father or

parent is unknown, the court must determine whether the putative

father or parent can be identified or located. Following an inquiry

pursuant to Section 7505-4.3 of this title, if the court finds that

the identity or whereabouts of the putative father or parent cannot

be ascertained, and this fact is attested to by affidavit of the

consenting or permanently relinquishing person or the legal

custodian or guardian of the child, it shall order that notice be

given by publication and, if the identity is known, that a copy be

mailed to the last-known address of the putative father or parent.

The notice shall be published once pursuant to the laws relating to

service of notice by publication, in the county in which the action

to terminate parental rights is brought, and the hearing shall not

be held for at least fifteen (15) days after publication of the

notice. When notice is given by publication, the order terminating

parental rights shall not become final for a period of fifteen (15)

days from the date of the order.

4. A putative father or parent may waive the right to notice

pursuant to this section. The waiver shall be in writing and shall

include a statement affirming that the person signing the waiver

Oklahoma Statutes - Title 10. Children Page 338

understands that the waiver shall constitute grounds for the

termination of the parental rights of such person pursuant to the

provisions of this section and Section 7505-4.2 of this title. A

putative father or legal or biological father may also waive his

right to notice pursuant to this section, by signing an

extrajudicial consent pursuant to Section 7503-2.6 of this title, or

by waiving notice on a form filed with the Paternity Registry of the

Department of Human Services, or by failing to register with the

Paternity Registry of the Department of Human Services after

receiving a Notice of Plan for Adoption pursuant to Section 7503-3.1

of this title.

C. When a putative father or parent appears at the hearing and

desires counsel but is indigent and cannot for that reason employ

counsel, the court shall appoint counsel. In all counties having

county indigent defenders, the county indigent defenders shall

assume the duties of the representation in such proceedings.

D. At the hearing on the petition to terminate parental rights

brought pursuant to this section, the court may, if it is in the

best interest of the minor:

1. Accept a permanent relinquishment or consent to adoption

executed by the putative father or parent of the minor pursuant to

Sections 7503-2.1, 7503-2.3 and 7503-2.4 of this title; or

2. Terminate any parental rights which the putative father or

parent may have upon any of the grounds provided in Section 7505-4.2

of this title for declaring a consent unnecessary.

E. 1. If the court at the hearing determines that the putative

father is the biological father of the minor, that the adoption

requires the consent of the putative father, that the putative

father will not consent, and the court does not terminate the

parental rights of the putative father or does not terminate the

rights of the other parents, then the court shall schedule a

separate hearing to issue an appropriate order for the legal and

physical custody of the minor according to the best interests of the

minor, if the court has jurisdiction to issue a custody order.

Provided, no such hearing shall be scheduled if a preexisting

custody order remains in effect.

2. The court shall certify that the child-placing agency or the

attorney who filed the petition to terminate parental rights, the

putative father, the parent, and any prospective adoptive parents

have received notice of the date of the custody hearing at least

fifteen (15) days prior to the date of the hearing. A parent having

legal custody who has signed a consent or permanent relinquishment

must be served with notice of the date of the custody hearing, by

the party who filed the petition for termination, in the same manner

as summons is served in civil cases at least fifteen (15) days prior

to the date of the hearing.

Oklahoma Statutes - Title 10. Children Page 339

3. Upon motion to intervene, the court shall join any person or

entity entitled to notice under paragraph 2 of this subsection who

is not already a party to the proceeding.

4. At the hearing, the court may award custody to the

biological mother, the biological father, the biological parents, if

they are married, a parent, the prospective adoptive parent, or the

Department of Human Services or other licensed child-placing agency,

if the Department or agency had legal custody when the petition was

filed, according to Section 21.1 of this title, in the best

interests of the child.

5. The child shall be represented at this hearing by an

attorney pursuant to Section 7505-1.2 of this title.

F. The court shall terminate the rights of a putative father or

parent if the person fails to appear at the hearing on the petition

to terminate parental rights or if a waiver of notice pursuant to

paragraph 4 of subsection B of this section has been filed with the

court.

G. No order of the court shall be vacated, set aside, or

annulled upon the application of any person who was properly served

with notice in accordance with this section but failed to appear

unless the applicant can establish by clear and convincing evidence

that such failure to appear was due to unavoidable circumstances.

Such application must be filed within ten (10) days of the date of

the hearing at which the applicant failed to appear. No order of

the court shall be vacated, set aside, or annulled upon the

application of any person who waived notice pursuant to paragraph 4

of subsection B of this section.

H. A proceeding pursuant to this section for termination of

parental rights shall be heard by the court without a jury.

I. An appeal may be taken from any final order, judgment, or

decree rendered pursuant to this section to the Supreme Court by any

person aggrieved thereby, in the manner provided for appeals from

the court as provided in this subsection.

1. In an appeal concerning the termination of parental rights

pursuant to this section, the designation of record by the appellant

shall be filed in the trial court within ten (10) days after the

date of the judgment. The counter designation of record by the

appellee shall be filed in the trial court ten (10) days after

designation of record by the appellant is filed in the trial court.

2. All appeals of cases concerning the termination of parental

rights pursuant to this section shall be initiated by filing a

petition in error in the Supreme Court within thirty (30) days of

the filing of the order, judgment, or decree appealed from. The

record on appeal shall be completed within thirty (30) days from the

filing of the petition in error. Any response to the petition in

error shall be filed within twenty (20) days from the filing of the

petition in error.

Oklahoma Statutes - Title 10. Children Page 340

3. The briefing schedule is established as follows:

a. the brief in chief of the appellant shall be filed

twenty (20) days after the trial court clerk notifies

all parties that the record is complete and such

notice has been filed in the office of the Clerk of

the Supreme Court,

b. an answer brief of the appellee shall be filed fifteen

(15) days after the brief in chief of the appellant is

filed, and

c. a reply brief of the appellant may be filed within ten

(10) days after the answer brief of the appellee is

filed.

J. The pendency of an appeal shall not suspend the order of the

district court regarding a minor, nor shall it remove the minor from

the custody of that court or of the person, institution, or agency

to whose care such minor has been committed, unless the Supreme

Court shall so order.

K. Any appeal when docketed should have priority over all cases

pending on said docket. Adjudication of the appeals and in any

other proceedings concerning the relinquishment of the child or the

termination of parental rights pursuant to this section shall be

expedited by the Supreme Court.

L. 1. The preadoption termination of parental rights pursuant

to this section terminates the parent-child relationship, including

the right of the parent to the custody of the child and the right of

the parent to visit the child, the right of the parent to control

the training and education of the child, the necessity for the

parent to consent to the adoption of the child, the right of the

parent to the earnings of the child, and the right of the parent to

inherit from or through the child. Provided, that this subsection

shall not in any way affect the right of the child to inherit from

the parent.

2. Termination of parental rights shall not terminate the duty

of the putative father or parent whose rights have been terminated

to support the child unless the court determines the person is not

the parent. The duty of a putative father or parent to support the

minor child shall not be terminated until such time as a final

decree of adoption has been entered.
Okla. Stat. tit. 10A, § 10A-2-9-105 — OK Code / Title 10A / Section 10A-2-9-105
Interstate Commission - Powers and duties
Status: in_force

ARTICLE IV

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers and

duties:

1. To provide for dispute resolution among compacting states;

2. To promulgate rules to effect the purposes and obligations

as enumerated in this compact, which shall have the force and effect

of statutory law and shall be binding in the compacting states to

the extent and in the manner provided in this compact;

3. To oversee, supervise and coordinate the interstate movement

of juveniles subject to the terms of this compact and any bylaws

adopted and rules promulgated by the Interstate Commission;

4. To enforce compliance with the compact provisions, the rules

promulgated by the Interstate Commission, and the bylaws, using all

necessary and proper means, including but not limited to the use of

judicial process;

5. To establish and maintain offices which shall be located

within one or more of the compacting states;

6. To purchase and maintain insurance and bonds;

7. To borrow, accept, hire or contract for services of

personnel;

8. To establish and appoint committees and hire staff which it

deems necessary for the carrying out of its functions including, but

not limited to, an executive committee as required by Article III

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

Commission in carrying out its powers and duties hereunder;

9. To elect or appoint such officers, attorneys, employees,

agents, or consultants, and to fix their compensation, define their

duties and determine their qualifications; and to establish the

Interstate Commission’s personnel policies and programs relating to,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 475

inter alia, conflicts of interest, rates of compensation, and

qualifications of personnel;

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

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

utilize, and dispose of it;

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

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

personal, or mixed;

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

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

mixed;

13. To establish a budget and make expenditures and levy dues

as provided in Article VIII of this compact;

14. To sue and be sued;

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

operation of the Interstate Commission;

16. To perform such functions as may be necessary or

appropriate to achieve the purposes of this compact;

17. To report annually to the legislatures, governors,

judiciary, and state councils of the compacting states concerning

the activities of the Interstate Commission during the preceding

year. Such reports shall also include any recommendations that may

have been adopted by the Interstate Commission;

18. To coordinate education, training and public awareness

regarding the interstate movement of juveniles for officials

involved in such activity;

19. To establish uniform standards of the reporting, collecting

and exchanging of data; and

20. The Interstate Commission shall maintain its corporate

books and records in accordance with the bylaws.
Okla. Stat. tit. 10, § 10-7301-1.1 — OK Code / Title 10 / Section 10-7301-1.1
Renumbered as § 2-1-101 of Title 10A by Laws 2009, c
Status: in_force

234, § 168, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-175.20 — OK Code / Title 10 / Section 10-175.20
Day treatment programs - Definition - Required programs
Status: in_force

and policies.

A. As used in Sections 603.4 and 7102 of this title and the

Oklahoma Children’s Code, "day treatment program" means

nonresidential, partial hospitalization programs, day treatment

programs, and day hospital programs in which children and

adolescents are placed for psychiatric or psychological treatment.

Day treatment programs shall serve children and adolescents who are

experiencing severe psychiatric symptoms, disturbances of conduct,

decompensating conditions affecting mental health, or severe

developmental delays that seriously impair their capacity to

function age-appropriately in their daily lives and that place them

at risk of inpatient hospital, residential or other institutional

care. Day treatment programs shall provide mental health

ambulatory, active treatment programs that shall include

therapeutic, coordinated and structured clinical services in a

stable, therapeutic milieu, with the goal of preventing the need for

or reducing the length of inpatient or institutional care, and

reintegrating of the child into the school and the community. A day

Oklahoma Statutes - Title 10. Children Page 66

treatment program shall not mean an alternative school or

alternative education program as such terms are defined in rules

promulgated by the State Board of Education.

B. All day treatment programs shall adopt:

1. A patient and family bill of rights;

2. Grievance procedures for reporting complaints or grievances

to the State Department of Health, the Department of Mental Health

and Substance Abuse Services or the Office of Client Advocacy, and

that are appropriate for the complaint or grievance; and

3. Policies governing the use of force, which shall be in

compliance with the provisions of Section 7004-3.3 of this title.

C. The Commission for Human Services shall promulgate rules

governing participation of a foster care family in the treatment of

a child and in family therapy with a child when the child is in

foster care.
Okla. Stat. tit. 10, § 10-7003-1.1 — OK Code / Title 10 / Section 10-7003-1.1
Renumbered as § 1-2-102 of Title 10A by Laws 2009, c
Status: in_force

233, § 213, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1507.6 — OK Code / Title 10 / Section 10-1507.6
Renumbered as § 7302-3.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7510-1.1 — OK Code / Title 10 / Section 10-7510-1.1
Short title
Status: in_force

This act shall be known and may be cited as the "Oklahoma

Adoption Assistance Act".
Okla. Stat. tit. 10, § 10-7510-1.4 — OK Code / Title 10 / Section 10-7510-1.4
Eligibility for adoption assistance - Factors for
Status: in_force

determination.

A child may be determined by the Department of Human Services to

be eligible for adoption assistance pursuant to the Oklahoma

Adoption Assistance Act if, in accordance with rules promulgated by

the Commission for Human Services, the Department has determined

that:

1. The child cannot or should not be returned to the home of

his or her parents;

2. There exists a specific factor or condition because of which

it is reasonable to conclude that the child cannot be placed for

adoption without providing adoption assistance; and

3. A reasonable, but unsuccessful, effort has been made to

place the child with appropriate adoptive parents without providing

adoption assistance except when it would be against the best

interests of the child because of such factors including, but not

limited to, the existence of significant emotional ties with

prospective adoptive parents while the child was in the care of such

parents as a foster child.
Okla. Stat. tit. 10, § 10-7308-1.7 — OK Code / Title 10 / Section 10-7308-1.7
Renumbered as § 2-8-106 of Title 10A by Laws 2009, c
Status: in_force

234, § 191, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 10. Children Page 295
Okla. Stat. tit. 10, § 10-1414.1 — OK Code / Title 10 / Section 10-1414.1
Greer Center Facility - Admission guidelines and
Status: in_force

procedures.

A. In addition to the admissions requirements of Section 1414

of this title, the Greer Center Facility located on the grounds of

the Northern Oklahoma Resource Center of Enid in Enid, Oklahoma,

shall be established as a separate entity from the Northern Oklahoma

Resource Center of Enid and further shall provide for the admission

of persons who have been dually diagnosed as follows:

1. Primary diagnosis of an intellectual disability by a

psychologist, physician or psychiatrist. The diagnosis shall be in

accordance with any statutory requirements and shall include

intellectual evaluation, adaptive behavior evaluation, and evidence

that the disability occurred within the developmental period.

Oklahoma Statutes - Title 10. Children Page 216

Preference shall be given for those individuals whose disability

level falls within the mild and moderate ranges; and

2. Secondarily, clinical evidence of behavioral or emotional

problems pursuant to a formal, written evaluation by a psychologist,

psychiatrist or physician describing the nature of the problem, the

frequency of occurrence of the problem, any prior treatment efforts

and reasons why the applicant cannot receive appropriate treatment

in the applicant's current environment and a secondary diagnosis of

mental illness in accordance with the Diagnostic and Statistical

Manual of Mental Disorders, as revised and published by the American

Psychiatric Association.

B. A person shall not be considered for voluntary admission

into the Greer Center Facility unless it can be clinically

demonstrated that the behavior of the person does not pose an

unreasonable risk of injury, death or sexual assault to others or an

unreasonable risk of injury or death to self. Persons considered

for admission shall not be considered by a psychologist,

psychiatrist, or physician as homicidal or suicidal and shall not

have exhibited homicidal or suicidal tendencies for six (6) months

prior to application for admission.

C. An applicant who requires skilled nursing care shall not be

admitted to the Greer Center Facility. Applicants having a medical

condition which is degenerative in nature that will require skilled

nursing shall be considered on a case-by-case basis to ensure that

sufficient staff is available to ensure quality of care. If an

applicant has any existing medical or surgical condition that is

correctable, the condition shall be remedied by the referring

facility before admission to the Greer Center Facility is

considered.

D. Any person seeking admission to the Greer Center Facility

for treatment who qualifies under subsection A of this section,

subject to the availability of space, shall be admitted. All

persons admitted to the Greer Center Facility shall submit to the

director of the Greer Center Facility a referral packet that

contains at a minimum, the following information or records:

1. Results of a current physical exam;

2. Recent physician orders and progress notes for up to one (1)

year, if available;

3. Recent nursing notes for up to one (1) year, if available;

4. Fact sheet (medical records);

5. Legal papers, including, but not limited to, birth

certificate, marriage certificate and guardianship;

6. Social history, with a recent social evaluation or update

within one (1) year;

7. Psychological exam administered or updated within ninety

(90) days of referral;

8. Dental records;

Oklahoma Statutes - Title 10. Children Page 217

9. Immunization record;

10. Multidisciplinary progress notes for up to one (1) year, if

available;

11. Medical and medication history; and

12. Individual Habilitation Plan or Care Plan, if available.

E. The Greer Center Admissions Committee shall consist of a

representative from the Greer Center Facility, and other

representatives selected by the Director of the Department of Human

Services. The Committee shall make decisions regarding admissions

to the programs of the Greer Center Facility. The Committee may

request additional information concerning an applicant from the

referring agency or participation by referring agency personnel as

necessary.

F. Persons entering the Greer Center Facility shall receive a

comprehensive evaluation of their intellectual functioning, adaptive

behavior skills, and mental health status, and shall receive a

continuous active treatment program, which includes aggressive,

consistent implementation of a program of specialized and generic

training, treatment, health services and related services. The

evaluation and assessment shall be completed within thirty (30) days

of admission to the Greer Center Facility.

G. After the evaluation and assessment by the Greer Center

Facility, staff shall present the referral packet of the individual

and their findings to the Greer Center Admissions Committee with a

recommendation for continued admission or alternate treatment.

1. The Greer Center Admissions Committee shall:

a. make decisions regarding continued admission, and

b. notify the Department of Human Services, and the

referring agency in writing, stating specifically the

decisions of the Committee regarding admission,

including specific reasons for denial of admission.

2. If admission of an applicant is not continued at the Greer

Center Facility after undergoing the evaluation process, the

referring agency shall reimburse the Department of Human Services

for the number of bed days used at the Medicaid rate for that unit.

If admission of an applicant is continued, the applicant shall be

certified for Medicaid reimbursement from the initial date of

admission.

H. Individuals who have been admitted and served by the Greer

Center Facility shall be eligible for readmission services on the

same basis as an individual initially seeking services.

I. In addition to other discharge procedures and requirements

provided by law, the interdisciplinary team of the Greer Center

Facility shall have recommended discharge based upon a determination

that the mental or physical condition of the individual prevents the

individual from receiving appropriate services at the Greer Center

Facility or that the individual has made progress in behavioral and

Oklahoma Statutes - Title 10. Children Page 218

emotional habilitation goals such that the individual no longer

requires the specialized resources at the Greer Center Facility, and

may function in a less restrictive setting.

J. A referral to discharge is made to the Greer Center

Discharge Committee, and the final decision to discharge is made by

the Greer Center Discharge Committee.

K. The Greer Center Discharge Committee shall:

1. Consist of a representative from the Greer Center Facility

and representatives selected by the Director of the Department of

Human Services; and

2. Review the discharge referral and related materials to

ensure that the individual can safely reside in a less restrictive

setting with appropriate supports.

L. The Director of Human Services is authorized and hereby

directed to promulgate and amend rules necessary to implement the

provisions of this section.
Okla. Stat. tit. 10A, § 10A-2-8-111 — OK Code / Title 10A / Section 10A-2-8-111
Use of information to commit crime or cause physical
Status: in_force

harm or damage to property – Penalties.

Any person who uses information obtained pursuant to this act to

commit a crime or to cause physical harm to any person or damage to

property shall be guilty of a misdemeanor upon conviction, and, in

addition to any other punishment, shall be punished by imprisonment

in the county jail for a term not to exceed one (1) year, or by a

fine not to exceed One Thousand Dollars ($1,000.00), or by both such

fine and imprisonment.
Okla. Stat. tit. 10, § 10-7303-4.6 — OK Code / Title 10 / Section 10-7303-4.6
Renumbered as § 2-2-404 of Title 10A by Laws 2009, c
Status: in_force

234, § 180, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1627 — OK Code / Title 10 / Section 10-1627
Renumbered as § 527 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-7700-201 — OK Code / Title 10 / Section 10-7700-201
Establishment of parent-child relationship
Status: in_force

A. The mother-child relationship is established between a woman

and a child by:

1. The woman’s having given birth to the child;

2. Adoption of the child by the woman; or

3. As otherwise provided by law.

B. The father-child relationship is established between a man

and a child by:

1. An unrebutted presumption of the man’s paternity of the

child under Section 8 of the Uniform Parentage Act;

Oklahoma Statutes - Title 10. Children Page 396

2. An effective acknowledgment of paternity by the man under

Article 3 of the Uniform Parentage Act, unless the acknowledgment

has been timely rescinded or successfully challenged;

3. An adjudication of the man’s paternity;

4. Adoption of the child by the man; or

5. As otherwise provided by law.
Okla. Stat. tit. 10, § 10-7309-1.12 — OK Code / Title 10 / Section 10-7309-1.12
Renumbered as § 2-9-112 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 192, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-7-611 — OK Code / Title 10A / Section 10A-2-7-611
Secure facilities - Certification - Violations
Status: in_force

A. For purposes of this section, “electronic communication”

means any transfer of signs, signals, writings, images, sounds,

data, or intelligence of any nature transmitted in whole or part by

a wire, radio, electromagnetic, photo-electronic, or photo-optical

system, and includes, but is not limited to, the transfer of that

communication through the Internet.

B. 1. The Office of Juvenile Affairs shall certify all secure

facilities, including secure facilities collocated with adult

facilities or juvenile detention facilities. Such collocated

facilities shall meet applicable criteria of the federal Juvenile

Justice Delinquency Prevention Act for collocation. To be

certified, a secure facility shall be required to meet standards for

certification promulgated by the Board of Juvenile Affairs.

2. Any person, including a resident of the facility, who

knowingly, willfully and without authority brings into or has in his

or her possession in any certified secure facility or certified

juvenile detention facility any gun, knife, bomb or other dangerous

instrument, any controlled dangerous substance as defined by Section

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 440

2-101 et seq. of Title 63 of the Oklahoma Statutes, any intoxicating

beverage or low-point beer as defined by Sections 163.1 and 163.2 of

Title 37 of the Oklahoma Statutes, any cellular phone or electronic

device capable of sending or receiving any electronic communication,

money, or financial documents for a person other than the juvenile

or youthful offender or relative of the juvenile or youthful

offender, shall be guilty of a felony and is subject to imprisonment

in the custody of the Department of Corrections for not less than

one (1) year or more than five (5) years, or a fine of not less than

One Hundred Dollars ($100.00) or more than One Thousand Dollars

($1,000.00), or both such fine and imprisonment.

C. Any person, including a resident of the facility, who

knowingly, willfully and without authority brings into or has in his

or her possession in any certified secure facility or certified

juvenile detention facility any cigarettes, cigars, snuff, chewing

tobacco, or any other form of tobacco product shall, upon

conviction, be guilty of a misdemeanor punishable by imprisonment in

the county jail not to exceed one (1) year, or by a fine not

exceeding Five Hundred Dollars ($500.00), or by both such fine and

imprisonment.
Okla. Stat. tit. 10A, § 10A-1-8-113 — OK Code / Title 10A / Section 10A-1-8-113
Qualified residential treatment programs — Petition for protective order on behalf of
Status: in_force

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 3for protective order on behalf of child.

A qualified residential treatment program may file a petition

for a protective order on behalf of a child in its care against a

third party who poses a threat to the child's physical or emotional

well-being. The qualified residential treatment program shall

present evidence of harassment, abuse, neglect, exploitation, or

other behaviors that endanger the welfare of the child in its care.
Okla. Stat. tit. 10, § 10-7700-102 — OK Code / Title 10 / Section 10-7700-102
Definitions
Status: in_force

For purposes of the Uniform Parentage Act:

1. "Acknowledged father" means a man who has established a

father-child relationship by signing an acknowledgment of paternity

under Article 3 of the Uniform Parentage Act;

2. "Adjudicated father" means a man who has been adjudicated by

a court of competent jurisdiction to be the father of a child;

3. "Alleged father" means a man who alleges himself to be, or

is alleged to be, the genetic father or a possible genetic father of

Oklahoma Statutes - Title 10. Children Page 394

a child, but whose paternity has not been determined. The term does

not include a presumed father;

4. "Child" means an individual of any age whose parentage may

be determined under the Uniform Parentage Act;

5. "Determination of parentage" means the establishment of the

parent-child relationship by the signing of an acknowledgment of

paternity under this section or adjudication by the court;

6. "Duress" means use of physical or psychological force to

coerce a person to sign an acknowledgment of paternity;

7. "Effective date" means when the acknowledgment of paternity

is fully executed, by the later of the signature dates;

8. "Ethnic or racial group" means, for purposes of genetic

testing, a recognized group that an individual identifies as all or

part of the individual's ancestry or that is so identified by other

information;

9. "Fraud" means an intentional misrepresentation of a material

fact that could not have been discovered with reasonable diligence

and was reasonably relied upon;

10. "Genetic testing" means an analysis of genetic markers to

exclude or identify a man as the father or a woman as the mother of

a child. The term includes an analysis of one or a combination of

the following:

a. deoxyribonucleic acid, and

b. blood-group antigens, red-cell antigens, human-

leukocyte antigens, serum enzymes, serum proteins, or

red-cell enzymes;

11. "Man" means a male individual of any age;

12. "Material mistake of fact" means a mistake as to the facts

that could not have been known at the time a signatory executed an

acknowledgment of paternity;

13. "Parent" means an individual who has established a parent-

child relationship under Section 7700-201 of this title;

14. "Parent-child relationship" means the legal relationship

between a child and a parent of the child. The term includes the

mother-child relationship and the father-child relationship;

15. "Paternity index" means the likelihood of paternity

calculated by computing the ratio between:

a. the likelihood that the tested man is the father,

based on the genetic markers of the tested man,

mother, and child, conditioned on the hypothesis that

the tested man is the father of the child, and

b. the likelihood that the tested man is not the father,

based on the genetic markers of the tested man,

mother, and child, conditioned on the hypothesis that

the tested man is not the father of the child and that

the father is of the same ethnic or racial group as

the tested man;

Oklahoma Statutes - Title 10. Children Page 395

16. "Presumed father" means a man who, by operation of law

under Section 7700-204 of this title, is recognized as the father of

a child until that status is rebutted or confirmed in a judicial

proceeding;

17. "Probability of paternity" means the measure, for the

ethnic or racial group to which the alleged father belongs, of the

probability that the man in question is the father of the child,

compared with a random, unrelated man of the same ethnic or racial

group, expressed as a percentage incorporating the paternity index

and a prior probability;

18. "Record" means information that is inscribed on a tangible

medium or that is stored in an electronic or other medium and is

retrievable in perceivable form;

19. "Signatory" means an individual who authenticates a record

and is bound by its terms; and

20. "State" means a State of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, or any

territory or insular possession subject to the jurisdiction of the

United States.
Okla. Stat. tit. 10, § 10-1123 — OK Code / Title 10 / Section 10-1123
Renumbered as § 7003-6.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7505-3.1 — OK Code / Title 10 / Section 10-7505-3.1
Contents
Status: in_force

A. A petition for adoption shall be verified by the petitioner,

and shall specify:

Oklahoma Statutes - Title 10. Children Page 341

1. The full names, ages and places of residence of the

petitioner or petitioners and, if married, the place and date of the

marriage;

2. When the petitioner acquired or intends to acquire custody

of the minor and from what person or agency custody is to be

acquired;

3. The date, place of birth, gender and race of the minor;

4. The name used for the minor in the proceeding and, if a

change in name is desired, the new name requested;

5. That it is the desire of the petitioner that the

relationship of parent and child be established between the

petitioner and the minor;

6. A full description and statement of value of all property

owned or possessed by the minor, if any;

7. The name or relationship of the minor to any individual who

has executed a consent, extrajudicial consent for adoption or a

permanent relinquishment to the adoption, and the name or

relationship to the minor of any individual whose consent,

extrajudicial consent for adoption or permanent relinquishment may

be required, and any fact or circumstance that may excuse the lack

of consent;

8. That a previous petition by the petitioner to adopt has or

has not been made in any court, and its disposition;

9. That a copy of the preplacement home study completed

pursuant to subsection A of Sections 7505-5.1 and 7505-5.3 of this

title is attached to or filed with the petition. If the

preplacement home study has not been completed, the petition shall

specify that a waiver has been signed by a court pursuant to

subsection B of Section 7505-5.1 of this title, and that a copy of

the waiver is attached to or filed with the petition; or shall

include a statement regarding why the preplacement home study is not

required pursuant to subsection C of Section 7505-5.1 of this title;

or shall specify that the minor is not yet in the physical custody

of the petitioner;

10. Whether any other home study or professional custody

evaluation has been conducted regarding one or both of the

petitioners, whether performed for this adoption or for any other

purpose. If such a study or evaluation has been completed, a copy

of the study or evaluation shall be attached to the petition, if

reasonably available;

11. A description of any previous court order, litigation or

pending proceeding known to the petitioner concerning custody of or

visitation with the minor or adoption of the minor and any other

fact known to the petitioner and needed to establish the

jurisdiction of the court;

12. The county in which the minor is currently residing, the

places where the minor has lived within the last five (5) years and

Oklahoma Statutes - Title 10. Children Page 342

the name and present addresses, if known, of the persons with whom

the minor has lived during that period, and the name of any person,

if known, not a party to the proceeding who has physical custody of

the minor or claims to have custody or visitation rights with

respect to the minor; and

13. A statement that to the best of the petitioner's actual

knowledge and belief, as of the date of filing, the minor is or is

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

Act, and identification of the minor's known or suspected Indian

tribe, if any. If the minor is an Indian child, as defined by the

Oklahoma Indian Child Welfare Act, the petition shall specify that

the requirements of the Oklahoma Indian Child Welfare Act have been

met pursuant to Sections 40 through 40.9 of this title. In

addition, the attorney shall provide notice to the parents or to the

Indian custodians, if any, and to the tribe that is or may be the

tribe of the Indian child pursuant to Section 40.4 of this title.

B. Any written consent, extrajudicial consent for adoption or

permanent relinquishment required by the Oklahoma Adoption Code may

be attached to the petition, or may be filed, after the filing of

the petition.
Okla. Stat. tit. 10A, § 10A-2-8-101 — OK Code / Title 10A / Section 10A-2-8-101
Short title
Status: in_force

This act shall be known and cited as the “Juvenile Sex Offender

Registration Act”.