Okla. Stat. tit. 10, § 10-557.10 — OK Code / Title 10 / Section 10-557.10
Required findings to validate an agreement – Court
Status: in_force

order of validation – Review - Deficiencies.

A. A court may validate a gestational agreement only as

provided by this section.

B. A gestational agreement may be validated under the Oklahoma

Gestational Agreement Act only if the court finds by a preponderance

of the evidence that:

1. The court has jurisdiction over all parties to the

gestational agreement;

2. The parties to the gestational agreement meet all the

requirements set forth in this act for such parties and all

necessary parties to the gestational agreement have entered into the

gestational agreement;

3. The gestational agreement meets all the requirements for

gestational agreements set forth in this act;

4. The medical evidence provided shows that the intended parent

is unable to carry a pregnancy to term and give birth to a child or

is unable to carry a pregnancy to term and give birth to a child

without unreasonable risk to the intended parent's physical or

mental health or to the health of the unborn child;

5. Each party to the gestational agreement has been advised by

legal counsel in compliance with this act and has voluntarily

entered into and understands the terms of the gestational agreement;

6. The gestational carrier has given birth to at least one

child and carrying another pregnancy to term and giving birth to

another child would not pose an unreasonable risk to that child's

health or the physical or mental health of the gestational carrier;

and

7. The intended parents have made guardianship provisions for

the prospective child by amending their existing estate planning

documents or by executing estate planning documents containing such

provisions if they previously had no existing estate planning

documents.

C. If the court finds that the requirements of subsection B of

this section are satisfied, then the court shall render an order

that:

1. Validates the gestational agreement and declares that the

intended parents will be the sole parents of any child born under

the gestational agreement;

2. Orders that each intended parent who is a party to the

gestational agreement be listed as a parent on such child's

certificate of birth to be filed with the state registrar of vital

Oklahoma Statutes - Title 10. Children Page 114

statistics as provided by Oklahoma law and that neither the

gestational carrier nor any spouse of the gestational carrier shall

be listed on said certificate of birth;

3. Orders the hospital, birthing facility or any other medical

facility where such child is born to recognize the intended parents

as the legal parents of such child for all purposes immediately upon

the birth of such child; and

4. Unless the gestational agreement provides otherwise, orders

the hospital, birthing facility or any other medical facility where

such child is born to grant the intended parents the following

rights:

a. the right to immediate custody of and access to such

child upon birth,

b. the right to name such child,

c. the right to make any and all health decisions

regarding such child upon birth, and

d. the right to be designated as the people to be issued

armbands or other security devices identifying them as

the parents of such child. The gestational carrier

and any spouse of the gestational carrier shall not

receive such armbands or security devices unless it is

medically necessary for such child's welfare.

D. For good cause shown, a court may validate a gestational

agreement even though it was not validated at the time of transfer

of gametes or embryos to the gestational carrier for the purpose of

conception or implantation, provided that such gestational agreement

was entered into by all necessary parties to the gestational

agreement prior to the time of transfer of such gametes or embryos

to the gestational carrier for the purpose of conception or

implantation, and provided that the court finds that all other

requirements needed to validate a gestational agreement under this

act have been satisfied.

E. The court may rely solely on affidavits, declarations,

testimony, other competent evidence or any combination thereof in

making its determination as to whether the requirements to validate

a gestational agreement have been satisfied. A court need not

conduct an evidentiary hearing if it finds that the documentary

evidence supplied by the parties petitioning to validate a

gestational agreement is sufficient to show by a preponderance of

the evidence that the requirements to validate the agreement are

satisfied.

F. The court's determination as to whether or not the

requirements to validate a gestational agreement have been satisfied

is subject to review only for abuse of discretion.

G. If the court determines that the gestational agreement does

not meet the necessary requirements to be validated, the court shall

issue an order identifying with specificity each deficiency that it

Oklahoma Statutes - Title 10. Children Page 115

found which prevents it from validating the gestational agreement.

The parties may thereafter amend the gestational agreement or cure

any other identified deficiencies and thereafter file an amended

petition to validate the gestational agreement. The same

requirements shall apply to validating an amended gestational

agreement as would apply to validating an original gestational

agreement. The parties may amend as many times as needed to cure

any deficiencies identified by the court.
Okla. Stat. tit. 10, § 10-1418 — OK Code / Title 10 / Section 10-1418
Powers and duties of Commission for Rehabilitation
Status: in_force

Services – Local education agencies.

A. The Commission for Rehabilitation Services shall have the

supervision, management and control of the Oklahoma School for the

Blind and the Oklahoma School for the Deaf, and, in addition to the

powers and duties now vested in the State Board of Education as to

each of such institutions, shall have authority to adopt such rules

as it deems necessary for the government and operation of each

institution, and for the admission and discharge of pupils at each

institution. No easement, right-of-way, oil and gas lease or

surface lease on any land used or occupied by either institution, or

any other institution under the jurisdiction of the Commission,

shall be granted or conveyed without the approval of the Commission;

and all money hereafter received therefor or derived therefrom,

including rentals and royalties from leases executed prior to July

1, 1965, shall be deposited in the revolving fund of the institution

and be used by the Commission for the purposes of the institution.

The Commission may participate in federal programs for the benefit

of blind or deaf persons, and may receive and administer federal

funds for such purposes. The Commission is hereby expressly granted

every power necessary or convenient to make such institutions

effective for the purposes for which they were created. The

provisions of this section shall not affect the type of school

maintained at either institution.

B. The Oklahoma School for the Blind and the Oklahoma School

for the Deaf shall be considered local educational agencies only for

the purpose of participating in federal programs and receiving

federal funds disbursed by the State Department of Education to

local educational agencies, if the schools meet the eligibility

requirements for the federal programs.
Okla. Stat. tit. 10A, § 10A-1-4-504 — OK Code / Title 10A / Section 10A-1-4-504
Alternative dispute resolution
Status: in_force

A. At any stage of the proceedings, the court may order, or the

parties may voluntarily participate in an alternative dispute

resolution process which may include:

1. Family group conferencing;

2. Mediation; or

3. A settlement conference.

B. If a court orders an alternative dispute resolution process,

a party who does not wish to participate may file a motion objecting

to the order. Any resolution agreed to by the parties through an

alternative dispute resolution process shall not be binding on the

court.
Okla. Stat. tit. 10, § 10-620.5 — OK Code / Title 10 / Section 10-620.5
Transfer and release of confidential information -
Status: in_force

Adoption of procedures.

A. The local board of education of each school district and

each technology center school district shall adopt policies and

procedures for the transfer and release of confidential information

to the agencies listed in Section 620.3 of this title, to persons

and agencies subject to the rules promulgated by said agencies

pursuant to this act, and to statutorily-constituted juvenile

bureaus. The policies and procedures adopted by said boards shall

comply with the requirements for state agency rules listed in

Section 620.4 of this title for the transfer and release of

confidential information.

B. A local board of education may adopt in whole or in part the

rules, procedures and forms promulgated and adopted by the State

Board of Education, and each technology center school board may

adopt in whole or in part the rules, procedures and forms

promulgated and adopted by the State Board of Career and Technology

Education.
Okla. Stat. tit. 10, § 10-7112 — OK Code / Title 10 / Section 10-7112
Renumbered as § 843.7 of Title 21 by Laws 2009, c. 233, §
Status: in_force

205, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-405 — OK Code / Title 10 / Section 10-405
Necessity and issuance of license – Temporary
Status: in_force

authorization.

A. No child care facility may be operated or maintained in this

state, unless licensed or temporarily authorized by the Department

of Human Services, except for the shelters certified by the Office

of Juvenile Affairs pursuant to Section 2-7-202 of Title 10A of the

Oklahoma Statutes; No new child care facility may be established

without the prior approval of the Department, which shall be granted

only after the Department is satisfied that the facility will meet

minimum standards for a license to operate.

B. The Department shall not grant approval for a permit, or a

license for a new child care facility to receive and care for

children until:

1. All background investigation requirements are met pursuant

to Section 404.1 of this title; and

2. All required training including, but not limited to,

cardiopulmonary resuscitation (CPR), first aid, health and safety

Oklahoma Statutes - Title 10. Children Page 86

training, and minimum education requirements pursuant to licensing

requirements have been completed for any person left alone with

children.

C. The incorporation or domestication of a corporation

organized for the purpose of operating a child care facility shall

not exempt such corporation from compliance with the provisions of

Sections 401 through 418 of this title.

D. An application for a license shall be made on forms provided

by the Department and in the manner prescribed. Temporary

authorization may be granted to allow the Department to investigate

the activities and standards of care of the applicant. The

Department may issue a license once it is satisfied that the

applicant meets the requirements as provided in Sections 401 through

418 of this title. All licenses shall be in force unless revoked as

authorized by Section 407 of this title.
Okla. Stat. tit. 10A, § 10A-1-4-812 — OK Code / Title 10A / Section 10A-1-4-812
Determination of eligibility of foster parent to
Status: in_force

adopt.

A. During any permanency hearing, if it is determined by the

court that a child should be placed for adoption, the foster parent

of the child shall be considered eligible to adopt the child, if the

foster parent meets established eligibility requirements pursuant to

this section.

B. If the child has resided with a foster parent for at least

one (1) year, the court shall give great weight to the foster parent

in the adoption consideration for the child unless there is an

existing loving emotional bond with a relative of the child by blood

or marriage who is willing, able, and eligible to adopt the child.

C. In making such determination, the court shall consider

whether the child has become integrated into the foster family to

the extent that the child's familial identity is with the foster

family, and whether the foster family is able and willing

permanently to treat the child as a member of the family. The court

shall consider, without limitation:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 154

1. The love, affection, and other emotional ties existing

between the child and the relatives of the child, and the child's

ties with the foster family;

2. The capacity and disposition of the child's relatives as

compared with that of the foster family to give the child love,

affection, and guidance and to continue the education of the child;

3. The length of time a child has lived in a stable,

satisfactory foster home and the desirability of the child's

continuing to live in that environment;

4. The physical and mental health of the relatives of the child

as compared with that of the foster family;

5. The experiences of the child in the home, school, and

community, both when with the parents from whom the child was

removed and when with the foster family;

6. The age and preference of the child;

7. The long-term best interests of the child; and

8. Any other factor considered by the court to be relevant to a

particular placement of the child.
Okla. Stat. tit. 10, § 10-7305-1.9 — OK Code / Title 10 / Section 10-7305-1.9
Renumbered as § 2-4-109 of Title 10A by Laws 2009, c
Status: in_force

234, § 186, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-2-401.3 — OK Code / Title 10A / Section 10A-2-2-401.3
Motion for determination of competency - Competency
Status: in_force

evaluation.

A. When the district attorney or the child's attorney has

reasonable basis to believe that a child is incompetent to proceed

in the delinquency or youthful offender proceeding, the party shall

file a motion for determination of competency. The motion shall

state that the child is incompetent to proceed and shall state facts

sufficient to set forth the reasonable basis to conduct a competency

evaluation. If the court raises the issue sua sponte, the court by

written order shall set forth the reasonable basis that the child is

incompetent to proceed.

B. Within five (5) judicial days after the motion is made, the

court shall make one of the following determinations:

1. That the child is incompetent pursuant to subsection B of

Section 2-2-401.2 of this title; or

2. Without conducting a hearing, that there exists a reasonable

basis to conduct a competency evaluation; or

3. To schedule a hearing to determine whether there exists a

reasonable basis to conduct a competency evaluation. Such hearing

shall be held within ten (10) judicial days. The court's

determination shall be announced no later than one (1) judicial day

after the conclusion of the hearing.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 293

C. If the court determines there is a reasonable basis for a

competency evaluation or if the district attorney and the child's

attorney agree to the evaluation, the court shall order a competency

evaluation. If the court orders a competency evaluation, the court

shall order that the competency evaluation be conducted in the

least-restrictive environment, taking into account the public safety

and the best interests of the child.

1. The court shall provide in its order that the evaluator

shall have access to all relevant confidential and public records

related to the child, including competency evaluations and reports

conducted in prior delinquent or youthful offender proceedings. The

court shall provide to the evaluator a copy of the delinquency

petition or youthful offender information and the names and contact

information for the judge, district attorney, child's attorney, and

parents or legal guardians.

2. Within five (5) judicial days after the court orders an

evaluation, the district attorney shall deliver to the evaluator

copies of relevant police reports and other background information

relevant to the child that are in the district attorney's

possession.

3. Within five (5) judicial days after the court orders an

evaluation, the child's attorney shall deliver to the evaluator

copies of relevant police reports and other relevant records

including, but not limited to, educational, medical, psychological,

and neurological records that are relevant to the evaluation and

that are in the attorney's possession.
Okla. Stat. tit. 10, § 10-7003-6.1 — OK Code / Title 10 / Section 10-7003-6.1
Renumbered as § 1-4-814 of Title 10A by Laws 2009, c
Status: in_force

233, § 260, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7700-504 — OK Code / Title 10 / Section 10-7700-504
Report of testing – Chain of custody
Status: in_force

Oklahoma Statutes - Title 10. Children Page 403

A. A report of genetic testing shall be in a record and signed

under penalty of perjury by a designee of the testing laboratory. A

report made under the requirements of this Article will be admitted

as evidence of paternity without the need for foundation testimony

or other proof of authenticity or accuracy.

B. Documentation from the testing laboratory of the following

information is sufficient to establish a reliable chain of custody

that allows the results of genetic testing to be admissible without

testimony:

1. The names and photographs of the individuals whose specimens

have been taken;

2. The names of the individuals who collected the specimens;

3. The places and dates the specimens were collected;

4. The names of the individuals who received the specimens in

the testing laboratory; and

5. The dates the specimens were received.
Okla. Stat. tit. 10, § 10-7303-8.2 — OK Code / Title 10 / Section 10-7303-8.2
Renumbered as § 2-2-802 of Title 10A by Laws 2009, c
Status: in_force

234, § 184, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7302-3.3 — OK Code / Title 10 / Section 10-7302-3.3
Renumbered as § 2-7-303 of Title 10A by Laws 2009, c
Status: in_force

234, § 171, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7114 — OK Code / Title 10 / Section 10-7114
Renumbered as § 843.6 of Title 21 by Laws 2009, c. 233, §
Status: in_force

206, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-7-113 — OK Code / Title 10A / Section 10A-1-7-113
Visitation requirements for the Department of Human
Status: in_force

Services or child-placing agency.

The Department of Human Services or child-placing agency shall

visit each foster child a minimum of one time per month, with no

less than two visits per quarter in the foster placement. Each

child shall be interviewed, or if an infant observed, alone without

the foster parent present at least one time per quarter.
Okla. Stat. tit. 10, § 10-1150.2a — OK Code / Title 10 / Section 10-1150.2a
Production of documents - Subpoena
Status: in_force

A. In any investigation relating to the functions of the Child

Death Review Board pursuant to Section 1150.2 of Title 10 of the

Oklahoma Statutes, the Director of the Oklahoma Commission on

Children and Youth, if recommended and approved by the Child Death

Review Board and the legal counsel for the Governor, may require the

production of, by subpoena, any records, including books, papers,

documents, and other tangible things which constitute or contain

evidence which the Board finds relevant or material to the

investigation, if the Board has been unable to obtain the necessary

information by requesting it. The production of records may be

required from any place in the state to be forwarded to the Child

Death Review Board. Reasonable copying fees shall be paid upon

request.

B. Compliance with the subpoena may be accomplished by:

1. Producing documents, as requested; or

2. Notifying the Board, in writing, of refusal to produce

documents, within ten (10) days of the date of service.

The subpoena form shall clearly set forth the optional means of

compliance including instructions for sending written notice of

refusal.

C. A subpoena issued pursuant to this section may be served by

any person designated in the subpoena to serve it. Service upon a

natural person may be made by personal delivery of the subpoena to

Oklahoma Statutes - Title 10. Children Page 203

the person. Service may be made upon a domestic or foreign

corporation or upon a partnership or other unincorporated

association which is subject to suit under a common name, by

delivering the subpoena to an officer, to a managing or general

agent, or to any other agent authorized by appointment or by law to

receive service of process. The affidavit of the person serving the

subpoena entered on a true copy thereof by the person serving it

shall be proof of service.

D. In the case of refusal to obey a subpoena issued to any

person, the Director of the Oklahoma Commission on Children and

Youth may invoke the aid of any district court of the state within

the jurisdiction of which the investigation is carried on or of

which the subpoenaed person is an inhabitant, or in which such

person conducts business or may be found, to compel compliance with

the subpoena. The court may issue an order requiring the subpoenaed

person to appear before the Director to produce records, if so

ordered. Any failure to obey the order of the court may be punished

by the court as an indirect contempt thereof. All process in any

such case may be served in any judicial district in which such

person may be found.

E. The district court of the county wherein the subpoena is

served may quash a subpoena issued pursuant to this section upon a

motion to quash the subpoena filed with the court by the party to

whom the subpoena is issued.
Okla. Stat. tit. 10, § 10-7700-635 — OK Code / Title 10 / Section 10-7700-635
Dismissal for want of prosecution
Status: in_force

The court may issue an order dismissing a proceeding commenced

under the Uniform Parentage Act for want of prosecution only without

prejudice. An order of dismissal for want of prosecution

purportedly with prejudice is void and has only the effect of a

dismissal without prejudice.
Okla. Stat. tit. 10A, § 10A-1-4-708 — OK Code / Title 10A / Section 10A-1-4-708
Deprivation based on repeated absence from school
Status: in_force

A. In cases where the child has been adjudicated to be deprived

due to repeated absence from school, the court may order counseling

and treatment for the child and the parents.

B. Prior to final disposition, the court shall require

verification by the appropriate school district that the child found

to be truant has been evaluated for literacy, learning disabilities,

developmental disabilities, hearing and visual impairment, and other

impediments which could constitute an educational handicap. The

results of such assessments or evaluations shall be made available

to the court for use by the court in determining the disposition of

the case.

C. No child who has been adjudicated deprived upon the basis of

noncompliance with the mandatory school attendance law alone may be

placed in a public or private institutional facility or be removed

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 125

from the custody of the lawful parent, legal guardian, or custodian

of the child.

D. A deprived adjudication based solely upon repeated absence

from school shall not constitute a ground for termination of

parental rights.
Okla. Stat. tit. 10, § 10-402 — OK Code / Title 10 / Section 10-402
Definitions
Status: in_force

As used in the Oklahoma Child Care Facilities Licensing Act:

1. "Adult" means an individual eighteen (18) years of age or

older;

2. "Child" or "minor" means any person who has not attained the

age of eighteen (18) years;

3. "Child care center" means a program that operates thirty

(30) or more hours per week;

4. "Child care facility" means any public or private child care

residential facility, child-placing agency, foster family home,

child care center, part-day program, out-of-school time program, day

camp, drop-in program, program for sick children, family child care

home, or large family child care home providing either full-time or

part-time care for children away from their own homes;

5. "Child-placing agency" means an agency that arranges for or

places a child in a foster family home, adoptive home, or

independent living program;

6. "Foster family home" means the private residence of a family

which provides foster care services to a child, and includes a

specialized foster home, a therapeutic foster family home, or a

kinship care home;

7. "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, a home assessment, 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 Section 1-

7-106 of Title 10A of the Oklahoma Statutes. A foster parent

eligibility assessment shall be similar to the procedures used by

the Department of Public Safety for determining suitability of an

individual for employment as a highway patrol officer;

8. "Department" means the Department of Human Services;

9. "Division" means the section within the Department that is

assigned responsibilities pursuant to the provisions of the Oklahoma

Child Care Facilities Licensing Act;

10. "Family child care home" means a family home which provides

care and supervision for seven or fewer children for part of the

twenty-four-hour day. The term "family child care home" shall not

include informal arrangements which parents make independently with

neighbors, friends, and others, or with caretakers in the child's

own home;

11. "Full-time care" means continuous care given to a child

beyond a minimum period of twenty-four (24) hours;

Oklahoma Statutes - Title 10. Children Page 69

12. "Large family child care home" means a residential family

home which provides care and supervision for eight to twelve

children for part of the twenty-four-hour day;

13. "Part-day child care program" means a program that provides

care and supervision for children and that operates for more than

fifteen (15) and up to thirty (30) hours per week;

14. "Program" means the business entity that provides care,

supervision, and learning opportunities for children;

15. "Rap back" means a notification from the Oklahoma State

Bureau of Investigation to the Department of subsequent criminal

activity of individuals whose criminal background checks have been

completed pursuant to the requirements of the Oklahoma Child Care

Facilities Licensing Act;

16. "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;

17. "Responsible entity" means an individual who is authorized

to obligate the business; and

18. "Specialized service professional" means an individual from

an academic discipline or field of expertise who provides

individualized services to a child, such as behavioral or physical

therapists.
Okla. Stat. tit. 10, § 10-60.31 — OK Code / Title 10 / Section 10-60.31
Renumbered as § 7510-2.1 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-1160.5 — OK Code / Title 10 / Section 10-1160.5
Renumbered as § 7302-9.5 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-7-610 — OK Code / Title 10A / Section 10A-2-7-610
Phil Smalley Children's Unit of Oklahoma Youth Center
Status: in_force

- Designation as Phil Smalley Center.

The official name and designation of the facility located at

Norman, Oklahoma, formerly known and designated as the Phil Smalley

Children's Unit of the Oklahoma Youth Center, shall be the Phil

Smalley Center. The supervision, management, operation and control

of the Center and all property, equipment and supplies related

thereto shall be the responsibility of the Office of Juvenile

Affairs, except as provided for in interagency agreements between

the Department of Mental Health and Substance Abuse Services and the

Office of Juvenile Affairs.
Okla. Stat. tit. 10, § 10-7306-2.2 — OK Code / Title 10 / Section 10-7306-2.2
Renumbered as § 2-5-202 of Title 10A by Laws 2009, c
Status: in_force

234, § 188, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1624 — OK Code / Title 10 / Section 10-1624
Renumbered as § 524 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-7004-3.4 — OK Code / Title 10 / Section 10-7004-3.4
Renumbered as § 1-9-112 of Title 10A by Laws 2009, c
Status: in_force

233, § 304, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1618 — OK Code / Title 10 / Section 10-1618
Renumbered as § 518 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10A, § 10A-1-7-111 — OK Code / Title 10A / Section 10A-1-7-111
Foster parent eligibility assessment - Criminal
Status: in_force

history investigation - Individualized service plan - Medical

examinations.

A. 1. Except as otherwise provided by law, the Department of

Human Services or the Office of Juvenile Affairs shall not place a

child in a foster home prior to completion of:

a. a foster parent eligibility assessment on the foster

parent applicant,

b. a national criminal history records search based upon

submission of fingerprints for any adult residing in

the home, as required by the Oklahoma Child Care

Facilities Licensing Act and the Oklahoma Children's

Code,

c. a Motor Vehicle Report obtained from the Department of

Public Safety regarding each adult residing in the

home, and

d. a check of any child abuse registry maintained by a

state in which the prospective foster parent or any

adult living in the home of the prospective foster

parent has resided in the preceding five (5) years.

Provided, however, the state agencies may place a child in the home

of a foster parent, pending completion of the national criminal

history records search, if the foster parent and every adult

residing in the home of the foster parent have resided in this state

for at least five (5) years immediately preceding placement. The

director of such state agency or designee may authorize an exception

to the fingerprinting requirement for any person residing in the

home who has a severe physical condition which precludes such person

from being fingerprinted.

2. a. The Department shall be the lead agency for

disseminating fingerprint cards to courts and child-

placing agencies for obtaining and requesting a

national criminal history records search based upon

submission of fingerprints from the Oklahoma State

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 202

Bureau of Investigation. The Office of Juvenile

Affairs may directly request national criminal history

records searches as defined by Section 150.9 of Title

74 of the Oklahoma Statutes from the Oklahoma State

Bureau of Investigation for the purpose of obtaining

the national criminal history of any individual for

which such a search is required pursuant to this

section.

b. Courts and child-placing agencies may request the

Department to obtain from the Oklahoma State Bureau of

Investigation a national criminal history records

search based upon submission of fingerprints for

foster parents and other persons requiring such search

pursuant to the Oklahoma Child Care Facilities

Licensing Act and the Oklahoma Children's Code. Any

fees charged by the Oklahoma State Bureau of

Investigation or the Federal Bureau of Investigation

for such searches shall be paid by the requesting

entity.

c. Either the Department or the Office of Juvenile

Affairs, whichever is applicable, shall contract with

the Oklahoma State Bureau of Investigation to obtain

national criminal history records searches based upon

submission of fingerprints.

B. A child-placing agency shall not place a child who is in the

custody of the agency in a foster home until completion of a foster

parent eligibility assessment and a national criminal history

records search based upon submission of fingerprints has been

completed for each individual residing in the home in which the

child will be placed, as required pursuant to the Oklahoma Child

Care Facilities Licensing Act or the Oklahoma Children's Code, and a

check of any child abuse registry maintained by a state in which the

prospective foster parent or any adult living in the home of the

prospective foster parent has resided in the past five (5) years;

provided, however, the child-placing agency may place a child in a

foster family home pending completion of the national criminal

history records search if the foster parent and every adult residing

in the home have resided in this state for at least five (5) years

immediately preceding the placement.

C. 1. Whenever a court awards custody of a child to an

individual or a child-placing agency other than the Department or

the Office of Juvenile Affairs, for placement of the child, the

court shall:

a. require that when custody is placed with an

individual, a foster family eligibility assessment be

conducted for the foster parents prior to placement of

the child, and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 203

b. require that if custody is awarded to a child-placing

agency, a foster family eligibility assessment be

conducted as required by the Oklahoma Child Care

Facilities Licensing Act.

2. A child-placing agency other than the Department or the

Office of Juvenile Affairs shall, within thirty (30) days of

placement, provide for an assessment of the child for the purpose of

establishing an appropriate individualized service plan for the

child. The court shall require the individualized service plan to

be completed in substantially the same form and with the same

content as required by the Oklahoma Children's Code for a deprived

child or as required by the Oklahoma Juvenile Code for a delinquent

child or a child in need of supervision.

3. The child shall receive a complete medical examination

within thirty (30) days of initial placement unless a medical

examination was conducted on the child upon the removal of the child

and the court finds no need for an additional examination.

4. The child may receive such further diagnosis and evaluation

as necessary as determined by the court to preserve the physical and

mental well-being of the child.

D. When the court awards custody of a child to an individual or

a child-placing agency as provided by this section, the individual

or child-placing agency shall be responsible for the completion of

and costs of the national criminal history records search based upon

submission of fingerprints, the foster parent eligibility

assessment, the preparation of an individualized service plan, and

the medical examination required by this section.
Okla. Stat. tit. 10, § 10-1414 — OK Code / Title 10 / Section 10-1414
Admission of individuals with intellectual disability -
Status: in_force

Applications - Release.

A. 1. Individuals with intellectual disability who are legal

residents of this state and who have a mental age not above that of

the average nine-year-old child, as determined by psychological

examination, may be admitted to an institution named in Section 1406

of this title or provided community services, if available, on a

voluntary basis only upon written application to the Director on

forms provided for such purpose. Other individuals with

intellectual disability who are residents of this state and who are

above such mental age may be admitted or provided community

services, on a voluntary basis only, upon recommendation of the

superintendent of the institution and approval of the Director.

2. The application shall be signed by any parent having legal

custody of such person, a guardian appointed by a court, or other

legal custodian of such person.

3. The psychological examination provided for in this section

shall be on forms provided by the Department and must be completed

before an application can be approved and the applicant admitted to

the institution.

B. Release of a resident of any of the institutions named in

Section 1406 of this title shall be subject to such reasonable rules

and conditions as may be prescribed by the Director of Human

Services and shall be made only to the parent, guardian appointed by

a court, or legal custodian of the resident; provided, however, a

resident eighteen (18) years of age or older who has not been found

by a court to be incompetent or incapacitated may request and obtain

such person's own release.
Okla. Stat. tit. 10, § 10-7505-5.2 — OK Code / Title 10 / Section 10-7505-5.2
Subsequent home study - Waiver
Status: in_force

A. If a preplacement home study is not waived by the court for

good cause shown or is not required by Section 7505-5.1 of this

title, the court, upon the filing of a petition for adoption, shall

order that a home study be made and filed with the court by the

designated investigator within the time fixed by the court, and in

no event more than sixty (60) days from the issuance of the order

for the home study, unless the time therefor is extended by the

court.

B. If the child to be adopted is the biological or adopted

child or immediate relative of the petitioners or of the spouse of

the petitioner, then the court, upon the submission of an

application, by order may waive the requirement in subsection A of

this section that a home study report be made, and the requirement

for a supplemental report set forth in subsection C of Section 7505-

5.3 of this title, if the court makes the following findings:

1. That waiver of the home study requirement is in the best

interest of the child;

2. If applicable, that the parent of the child and the

stepparent of the child, or the immediate relative of the child and

the spouse of the immediate relative who are petitioning for

adoption have been married for at least one (1) year with the child

who is to be adopted living in their home; provided, however, that

this provision shall not be construed as a prohibition against a

single, immediate relative from requesting waiver of a house study;

and

3. That the stepparent or immediate relative or spouse of the

immediate relative who is petitioning for adoption has no record of

conviction of a felony or conviction or adjudication in juvenile

court for child abuse or neglect or domestic violence, and there is

no record of a protective order or orders issued against the

Oklahoma Statutes - Title 10. Children Page 358

stepparent or immediate relative or spouse of the immediate

relative.

In all other adoptions, including foster adoptions, a home study

and report shall be made pursuant to this section or Section 7505-

5.1 of this title.

C. For purposes of this section, immediate relative shall mean

the brother, sister, grandparent, aunt, or uncle of the child.
Okla. Stat. tit. 10, § 10-7005-1.8 — OK Code / Title 10 / Section 10-7005-1.8
Renumbered as § 1-6-108 of Title 10A by Laws 2009, c
Status: in_force

233, § 274, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 10. Children Page 278
Okla. Stat. tit. 10, § 10-557.24 — OK Code / Title 10 / Section 10-557.24
Breach of agreement
Status: in_force

A. This section shall govern the breach of validated

gestational agreements and any gestational agreements that have not

been validated, but only to the extent those nonvalidated

gestational agreements are otherwise enforceable under the Oklahoma

Gestational Agreement Act.

B. In the event of a breach of a gestational agreement or

noncompliance with the requirements of this act, the court shall

determine the respective rights and obligations of the parties to

the gestational agreement based solely on the evidence of the

original intent of the parties and the provisions of this act.

C. Except as otherwise provided by this act or an express term

of the gestational agreement, the gestational carrier, the

gestational spouse and any intended parent shall be entitled to any

remedy available at law or equity for breach of the gestational

agreement or noncompliance with any requirement of this act.

D. Notwithstanding any breach of the gestational agreement, the

remedy of specific performance shall not be available to the extent

the ordering of such remedy would require the gestational carrier or

any other party to be impregnated or undergo an assisted

reproduction procedure.

E. The breach of the gestational agreement by any intended

parent does not relieve the intended parents of the obligation to

support a child born pursuant to the gestational agreement.

F. Unless otherwise provided by the gestational agreement, the

court in any action for the alleged breach or the enforcement of a

Oklahoma Statutes - Title 10. Children Page 123

gestational agreement shall award costs, attorney fees and expert

fees to the prevailing party.
Okla. Stat. tit. 10A, § 10A-1-9-120 — OK Code / Title 10A / Section 10A-1-9-120
See the following versions:
Status: in_force

OS 10A-1-9-120v1 (HB2552, Laws 2018, c. 40, § 2).

OS 10A-1-9-120v2 (SB 533, Laws 2023, c. 221, § 1).
Okla. Stat. tit. 10A, § 10A-2-7-502 — OK Code / Title 10A / Section 10A-2-7-502
Child adjudicated in need of supervision - Placement
Status: in_force

- Rehabilitative facilities – Mental health treatment.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 425

A. Whenever a child who has been adjudicated by the court as a

child in need of supervision has been committed to the Office of

Juvenile Affairs, the Office may place the child in the home of the

child, the home of a relative of the child, foster home, group home,

transitional living program, independent living program, community-

based setting, rehabilitative facility or child care facility under

the operation of or licensure of the state, or in a state school for

individuals with intellectual disabilities if eligible for admission

thereto. No child in need of supervision shall be placed in an

Office-operated institution, other than a rehabilitative facility.

B. The Office of Juvenile Affairs may establish and maintain

one or more rehabilitative facilities to be used exclusively for the

custody of children in need of supervision. Each such facility

shall be, primarily, a nonsecure facility having as its primary

purpose the rehabilitation of children adjudicated to be in need of

supervision. Such facility shall have a bed capacity for no more

than twenty children, and shall minimize the institutional

atmosphere and prepare the child for reintegration into the

community. Provided however, that such facility may be designed and

operated as a secure facility used exclusively for children in need

of supervision whom the court has specifically found to be so

unmanageable, ungovernable and antisocial that no other reasonable

alternative exists for treatment or restraint other than placement

in such a secure facility. Such facility shall not rely on locked

rooms, fences, or physical restraints.

C. A child in need of supervision who has been found by a court

to be a minor in need of treatment shall be placed as provided by

Section 2-2-804 of this title and the Inpatient Mental Health and

Substance Abuse Treatment of Minors Act.
Okla. Stat. tit. 10, § 10-7206 — OK Code / Title 10 / Section 10-7206
Renumbered as § 1-9-118 of Title 10A by Laws 2009, c
Status: in_force

233, § 310, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7309-1.7 — OK Code / Title 10 / Section 10-7309-1.7
Renumbered as § 2-9-107 of Title 10A by Laws 2009, c
Status: in_force

234, § 192, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-8-302 — OK Code / Title 10A / Section 10A-2-8-302
Mandatory reporting — Penalties
Status: in_force

A. Any employee, contractor, volunteer, or third party working

in or around a state-run juvenile facility, private contractor, or

group home under the supervision of the Office of Juvenile Affairs

or any county facility which detains juveniles, who becomes aware

of, witnesses, or suspects any form of sexual misconduct, coercive

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 467

relationships, or exploitation between staff, volunteers, or

contractors and juveniles, shall be required to immediately report

the incident to both the facility supervisor and the Office of

Juvenile System Oversight for independent investigation.

B. Any individual who fails to report such incident shall, upon

conviction, be guilty of a felony punishable by a fine not more than

Five Thousand Dollars ($5,000.00), by imprisonment in the custody of

the Department of Corrections for not more than two (2) years, or by

both such fine and imprisonment.

C. Investigation reports shall be forwarded to the district

attorney in the district where the abuse took place. The Office of

Juvenile System Oversight shall notify in writing the juvenile

victim’s family and the Senate and House of Representatives members

for the district in which the juvenile victim lives that the

investigation has been forwarded to the district attorney.

The district attorney shall notify in writing the juvenile

victim’s family and the Senate and House of Representatives members

for the district in which the juvenile victim lives when a decision

has been made to either file or decline to file charges.
Okla. Stat. tit. 10A, § 10A-1-4-602 — OK Code / Title 10A / Section 10A-1-4-602
Allegations of petition not supported by evidence
Status: in_force

If the court finds that the factual allegations of the petition

are not supported by a preponderance of the evidence, the court

shall order the petition dismissed and shall order the child

discharged from any custody. The child's parents, guardian or other

legal custodian shall also be discharged from any restriction or

other previous temporary order.
Okla. Stat. tit. 10A, § 10A-1-2-101v1 — OK Code / Title 10A / Section 10A-1-2-101v1
Establishment of statewide centralized hotline for
Status: in_force

reporting child abuse or neglect – Hotline requirements – Reporting

abuse or neglect – Retaliation by employer - Violations.

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

statewide centralized hotline for the reporting of child abuse or

neglect to the Department.

2. The Department shall provide hotline-specific training

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

skills, narrative writing, necessary computer systems, making case

determinations, and identifying priority situations.

3. The Department is authorized to contract with third parties

in order to train hotline workers.

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

calls received, and of that number:

a. the number of calls screened out,

b. the number of referrals assigned,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 40

c. the number of calls received by persons unwilling to

disclose basic personal information including, but not

limited to, first and last name, and

d. the number of calls in which the allegations were

later found to be unsubstantiated or ruled out.

5. The Department shall electronically record each referral

received by the hotline and establish a secure means of retaining

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

confidential and subject to disclosure only if a court orders the

disclosure of the referral. The Department shall redact any

information identifying the reporting party unless otherwise ordered

by the court.

6. Each referral received by the hotline alleging abuse or

neglect wherein the alleged perpetrator is someone other than a

person responsible for the child’s health, safety, or welfare shall

be immediately reported to the appropriate local law enforcement

agency, in writing, for the purpose of conducting a possible

criminal investigation. The hotline supervisor shall ensure that a

report has been made upon receipt of a referral prior to the

referral being screened out. The Department shall maintain a record

of its transmission of each report to law enforcement.

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

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

report the matter immediately to the Department of Human Services.

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

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

manner to a county office shall immediately be referred to the

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

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

the Oklahoma Statutes, there shall be no reporting requirement.

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

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

victim of abuse or neglect shall report the matter

immediately to the Department of Human Services and

local law enforcement. Reports to the Department

shall be made to the hotline provided for in

subsection A of this section. Any allegation of abuse

or neglect reported in any manner to a county office

shall immediately be referred to the hotline by the

Department. Provided, however, that in actions for

custody by abandonment, provided for in Section 2-117

of Title 30 of the Oklahoma Statutes, there shall be

no reporting requirement.

b. Every school employee having reason to believe that a

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

of abuse or neglect shall report the matter

immediately to local law enforcement.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 41

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

paragraph, local law enforcement shall keep

confidential and redact any information identifying

the reporting school employee unless otherwise ordered

by the court. A school employee with knowledge of a

report required by subparagraph a or b of this

paragraph shall not disclose information identifying

the reporting school employee unless otherwise ordered

by the court or as part of an investigation by local

law enforcement or the Department.

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

including doctors of medicine, licensed osteopathic physicians,

residents and interns, or any other health care professional or

midwife involved in the prenatal care of expectant mothers or the

delivery or care of infants shall promptly report to the Department

instances in which an infant tests positive for alcohol or a

controlled dangerous substance. This shall include infants who are

diagnosed with Neonatal Abstinence Syndrome or Fetal Alcohol

Spectrum Disorder.

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

requirement of reporting pursuant to this section.

5. The reporting obligations under this section are individual,

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

shall interfere with the reporting obligations of any employee or

other person or in any manner discriminate or retaliate against the

employee or other person who in good faith reports suspected child

abuse or neglect, or who provides testimony in any proceeding

involving child abuse or neglect. Any employer, supervisor,

administrator, governing body or entity who discharges,

discriminates or retaliates against the employee or other person

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

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

discharge, discrimination or retaliation described in this

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

costs and attorney fees.

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

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

subsection or examining a child to determine the likelihood of abuse

or neglect and every hospital or related institution in which the

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

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

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

photographs, and other previous or current records relevant to the

case to law enforcement officers conducting a criminal investigation

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

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

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 42

C. Any person who knowingly and willfully fails to promptly

report suspected child abuse or neglect or who interferes with the

prompt reporting of suspected child abuse or neglect may be reported

to local law enforcement for criminal investigation and, upon

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

with prolonged knowledge of ongoing child abuse or neglect who

knowingly and willfully fails to promptly report such knowledge may

be reported to local law enforcement for criminal investigation and,

upon conviction thereof, shall be guilty of a felony. For the

purposes of this paragraph, "prolonged knowledge" shall mean

knowledge of at least six (6) months of child abuse or neglect.

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

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

the person knows lacks factual foundation may be reported to local

law enforcement for criminal investigation and, upon conviction

thereof, shall be guilty of a misdemeanor.

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

neglect made during a child custody proceeding is false and the

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

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

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

in recovering the sanctions, against the person making the

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

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

law.

E. Nothing contained in this section shall be construed to

exempt or prohibit any person from reporting any suspected child

abuse or neglect pursuant to subsection B of this section.
Okla. Stat. tit. 10A, § 10A-1-9-103a — OK Code / Title 10A / Section 10A-1-9-103a
Child Abuse Multidisciplinary Team Account (CAMTA)
Status: in_force

Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Commission on Children and Youth to be designated

the "Child Abuse Multidisciplinary Team Account (CAMTA) Fund". The

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

limitations, and shall consist of all monies received by the

Commission from any source as specified in paragraph 1 of subsection

B of Section 3 of this act. All monies accruing to the credit of

the fund are hereby appropriated and shall be budgeted and expended

by the Commission for the purposes of contracting with eligible

freestanding multidisciplinary child abuse teams. Expenditures from

the fund shall be made upon warrants issued by the State Treasurer

against claims filed as prescribed by law with the Director of the

Office of Management and Enterprise Services for approval and

payment.
Okla. Stat. tit. 10, § 10-7700-506 — OK Code / Title 10 / Section 10-7700-506
Payment of costs of testing
Status: in_force

A. Subject to assessment of costs under Article 6 of the

Uniform Parentage Act, the cost of initial genetic testing shall be

advanced by the Department of Human Services in a proceeding in

which the Department is providing services.

B. In cases in which the Department of Human Services is not

providing services, the cost of initial genetic testing shall be

advanced:

1. By the individual who made the request;

Oklahoma Statutes - Title 10. Children Page 404

2. As agreed by the parties; or

3. As ordered by the court.

C. In cases in which the cost is advanced by the Department of

Human Services, the Department may seek reimbursement from a man who

is identified as the father.
Okla. Stat. tit. 10A, § 10A-1-9-104b — OK Code / Title 10A / Section 10A-1-9-104b
Promulgation of rules
Status: in_force

The Oklahoma Commission on Children and Youth and the Department

of Human Services shall promulgate rules to implement the provisions

of this act.
Okla. Stat. tit. 10, § 10-1211 — OK Code / Title 10 / Section 10-1211
Renumbered as § 1-8-101 of Title 10A by Laws 2009, c
Status: in_force

233, § 287, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7005-1.2 — OK Code / Title 10 / Section 10-7005-1.2
Renumbered as § 1-6-102 of Title 10A by Laws 2009, c
Status: in_force

233, § 270, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7303-8.3 — OK Code / Title 10 / Section 10-7303-8.3
Renumbered as § 2-2-803 of Title 10A by Laws 2009, c
Status: in_force

234, § 184, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7505-5.4 — OK Code / Title 10 / Section 10-7505-5.4
Persons or agencies authorized to conduct home
Status: in_force

studies.

A. Home studies satisfying Sections 7505-5.1, 7505-5.2 and

7505-5.3 of this title must be conducted and the reports prepared

only by the following persons or agencies:

1. The agency having custody or legal guardianship of the

child;

2. The Department of Human Services;

3. A licensed child-placing agency; or

4. A person designated by the court who does not have an

interest in the outcome of the home study and who meets one of the

following qualifications:

a. a master's degree in social work and one (1) year of

experience in children's services,

b. a member of the Academy of Certified Social Workers

(ACSW) and one (1) year of experience in children's

services,

c. a master's degree in a behavioral or social science

and two (2) years' experience in children's services,

d. a doctorate in a behavioral or social science and one

(1) year of experience in children's services, or

Oklahoma Statutes - Title 10. Children Page 361

e. is a member of the clergy with two (2) years of

experience in family counseling and is not the clergy

for the adoptive parents.

B. Persons satisfying the qualifications listed in paragraph 4

of subsection A of this section shall attend and satisfactorily

complete at least once every three (3) years a minimum of a three-

hour course in home study preparation and adoption trends taught by

a licensed child-placing agency, by the Department of Human

Services, a statewide organization composed of public and private

adoption professionals, or by a college or university.

Documentation of having met this educational requirement shall be

provided by the person to the court or others upon request.

C. The court may order agencies named in subsection A of this

section located in one or more counties to make separate

investigations on separate parts of the inquiry, as may be

appropriate.

D. The Department of Human Services shall not be required by

the court to make a home study and report to the court on adoptive

placements made by private adoption agencies or persons providing

private adoption services.
Okla. Stat. tit. 10A, § 10A-1-6-102 — OK Code / Title 10A / Section 10A-1-6-102
Confidential records
Status: in_force

A. Except as provided by this section and except as otherwise

specifically provided by state and federal laws, the following

records are confidential and shall not be open to the general public

or inspected or their contents disclosed:

1. Juvenile court records;

2. Agency records;

3. District attorney’s records;

4. Court Appointed Special Advocate records pertaining to a

child welfare case;

5. Law enforcement records;

6. Nondirectory education records; and

7. Social records.

B. The limitation of subsection A of this section shall not

apply to statistical information and other abstract information

obtained pursuant to the provisions of the Oklahoma Children’s Code.

C. Except as authorized by Section 620.6 of Title 10 of the

Oklahoma Statutes and this chapter and except as otherwise

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 174

specifically provided by state and federal laws pertaining to

education records, medical records, drug or alcohol treatment

records, law enforcement, or social service records, the records

listed in subsection A of this section shall be confidential and

shall be inspected, released, disclosed, corrected or expunged only

pursuant to an order of the court. A subpoena or subpoena duces

tecum purporting to compel testimony or disclosure of such

information or record shall be invalid.

D. 1. In a proceeding where the child custody or visitation is

at issue, the safety analysis records of the Department shall be

produced to the court when a parent, legal guardian, or child who is

the subject of such record obtains a court order directing the

production of the records.

2. The person or party seeking the records shall proceed by

filing a motion for production of safety analysis records which

contains the following averments:

a. the movant is a parent, legal guardian, or child who

is the subject of the safety analysis records,

b. child custody or visitation is at issue,

c. that upon receipt from the court, the safety analysis

records shall be kept confidential and disclosed only

to the movant, the attorneys of the movant, those

persons employed by or acting on behalf of the movant

and the attorneys of the movant whose aid is necessary

to the prosecution or defense of the child custody or

visitation issue, and

d. that a copy of the motion is being provided to the

parties, the attorney of the child, if any, and the

guardian ad litem, if any.

3. Upon filing the motion for production of safety analysis

records, the court may, in its discretion, enter an ex parte order

for production of safety analysis records that shall be

substantially in the following form:

CONFIDENTIAL RECORDS DISCLOSURE AND PROTECTIVE ORDER

NOW on this _____ day of _________, 20__, the court finds that

child custody or visitation is at issue in the above styled and

numbered proceeding and the disclosure of the safety analysis

records of the Oklahoma Department of Human Services pursuant to

Section 1-6-102 of this title is necessary and relevant to the

court’s determination of the child’s best interests. The court

therefore orders as follows:

a. The Oklahoma Department of Human Services

(“Department” or “DHS”) shall produce a copy of its

safety analysis records to this court on or before ___

day of _______, 20__.

b. The Department shall be permitted to redact or omit

information in its safety analysis records which may

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 175

identify the reporter of alleged child abuse or

neglect.

c. All information contained in the safety analysis

records of the Department is confidential under

Oklahoma law and shall be disclosed only to the

parties, the attorneys of the parties, and those

persons employed by or acting on behalf of the parties

and the attorneys of the parties whose aid is

necessary to the prosecution or defense of the child

custody or visitation issue.

d. No confidential information whether contained in

pleadings, briefs, discovery, or other documents shall

be filed except under seal with the legend “THIS

DOCUMENT CONTAINS CONFIDENTIAL INFORMATION AND IS

SUBJECT TO A PROTECTIVE ORDER OF THE COURT”.

e. No person or entity shall utilize any information

contained in the safety analysis records for any

purpose other than the prosecution or defense of the

child custody or visitation issues in this case.

f. The release by counsel or any other person for any

reason of identifiers such as social security or tax

ID numbers that may be contained in the Department

records and which belong to any person or entity is

strictly prohibited.

g. Any violation of this order shall be subject to

prosecution for contempt of court.

IT IS SO ORDERED this ___ day of _______, 20__.

4. This subsection shall not apply to:

a. deprived child proceedings brought pursuant to the

Oklahoma Children’s Code,

b. discovery of safety analysis records by a person or

entity who is not the subject of those records, or

c. discovery of safety analysis records in criminal,

other civil, or administrative proceedings.

5. The party who has obtained a court order for the safety

analysis records of the Department shall provide the Department with

the names and other identifying information concerning the subjects

of the safety analysis records.

6. Upon receipt of a court order to produce its safety analysis

records, the Department shall be given a minimum of five (5)

judicial days to deliver the records to the court.

7. The safety analysis records provided by the Department to

the court pursuant to this subsection shall not be subject to

judicial review and shall be released by the court only to the

litigants in the case under a protective order.

8. A court order entered pursuant to this subsection which

purports to require the Department to produce all agency records

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 176

shall be deemed to require only the production of the safety

analysis records of the Department.

9. An employee of the Department shall not be compelled to

testify about the safety analysis records except upon a court order

directing such testimony. Any subpoena or subpoena duces tecum

purporting to compel disclosure of safety analysis records or

testimony concerning such records without a court order shall be

invalid.

10. Except as provided by this subsection or other law,

confidential records may be inspected, released, disclosed,

corrected, or expunged only by the procedure set forth in subsection

E of this section.

E. When confidential records may be relevant in a criminal,

civil, or administrative proceeding, 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 judicial review of the records and a determination of

necessity pursuant to the following procedure:

1. A petition or motion shall be filed with the court

describing with specificity the confidential records being sought

and setting forth in detail the compelling reason why the

inspection, release, disclosure, correction, or expungement of

confidential records should be ordered by the court. A petition or

motion that does not contain the required specificity or detail may

be subject to dismissal by the court;

2. Upon the filing of the petition or motion, the court shall

set a date for a hearing and shall require notice of not less than

twenty (20) days to the agency or person holding the records and the

person who is the subject of the record if such person is eighteen

(18) years of age or older or to the parents of a child less than

eighteen (18) years of age who is the subject of the record, to the

attorneys, if any, of such person, child or parents and any other

interested party as ordered by the court. The court may also enter

an ex parte order compelling the person or agency holding the

records to either produce the records to the court on or before the

date set for hearing or file an objection or appear for the hearing.

The court may shorten the time allowed for notice due to exigent

circumstances;

3. At the hearing, should the court find that a compelling

reason does not exist for the confidential records to be judicially

reviewed, the matter shall be dismissed; otherwise, the court shall

order that the records be produced for a judicial review. The

hearing may be closed at the discretion of the court; and

4. The judicial review of the records shall include a

determination, with due regard for the confidentiality of the

records and the privacy of persons identified in the records, as to

whether an order should be entered authorizing the inspection,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 177

release, disclosure, correction, or expungement of the records based

upon the need for the protection of a legitimate public or private

interest.

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

such confidential records or testimony or authorize a release of the

confidential information or testimony upon such conditions as the

court deems necessary and appropriate, subject to the provisions of

this section.

G. Any public or private agency, entity, or professional person

required to produce confidential records pursuant to this section

may require payment of fees from the party seeking the records prior

to any records being produced, including a research fee not

exceeding Twenty Dollars ($20.00) per hour and a copy fee not to

exceed fifty cents ($0.50) per page and Five Dollars ($5.00) per

copy of each video tape or disk; provided, the court may waive such

costs in a criminal action based upon indigence of a defendant. The

Department shall not be permitted to assess fees for records

produced pursuant to subsection D of this section or in the

provision of records to the Office of Juvenile Affairs pursuant to

paragraph 13 of subsection H of this section.

H. Nothing in Section 620.6 of Title 10 of the Oklahoma

Statutes and 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 papers, records, books or

other information relating to the adoption of a child required to be

kept confidential. The disclosure of such information shall be

governed by the provisions of the Oklahoma Adoption Code;

3. Abrogating any privilege, including the attorney-client

privilege, or affecting any limitation on such privilege found in

any other statutes;

4. Limiting or otherwise affecting access of parties to a

deprived proceeding to 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 Department of Human Services from

summarizing the outcome of an investigation to the person who

reported a known or suspected instance of child abuse or neglect or

to any person providing services to a child who is or is alleged to

be a victim of child abuse;

7. Authorizing the disclosure of information which identifies

any person who has reported an allegation of known or suspected

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 178

child abuse or neglect unless such disclosure is specifically

ordered by the court;

8. Authorizing the disclosure of a recording or a transcription

of a hotline referral which identifies any person who has reported

an allegation of known or suspected child abuse or neglect, unless

the disclosure is specifically ordered by the court;

9. Prohibiting the Department of Human Services from providing

a summary of allegations and findings of an investigation involving

a child care facility that does not disclose identities but that

permits parents to evaluate the facility;

10. Prohibiting the disclosure of confidential information to

any educational institution, facility, or educator to the extent

necessary to enable the educator to better provide educational

services and activities for a child and provide for the safety of

students;

11. Prohibiting the Department from obtaining, without a court

order, nondirectory education records pertaining to a child in the

legal custody of the Department;

12. Prohibiting the Department from providing records to a

federally recognized Indian tribe for any individual who has applied

for foster care placement, adoptive placement, or guardianship

placement through the tribe; provided, that the tribe shall be

required to maintain the confidentiality of the records;

13. Prohibiting the Department from providing records to the

Office of Juvenile Affairs for any individual who has applied for

foster care; or

14. Prohibiting the disclosure of agency records to Department

employees whose official duties include the audit or investigation

of programs, services, administrative or employment matters

involving the Department or the Medicaid program; provided, the

records and information accessed must be limited to the purposes for

which the disclosure is authorized.
Okla. Stat. tit. 10A, § 10A-1-4-714 — OK Code / Title 10A / Section 10A-1-4-714
Family drug court program eligibility
Status: in_force

A. The family drug court judge shall conduct a hearing to

determine final eligibility of the family for the family drug court

program by considering:

1. Whether the child or children and family are appropriate for

placement in drug court, as provided in Section 8 of this act;

2. The findings and recommendations of the family drug court

assessment;

3. Whether there is an appropriate treatment program available

to the family and whether there is a recommended family drug court

treatment plan; and

4. Any information relevant to determining eligibility. A

family shall not be denied admittance to any family drug court

program based upon the inability of the family to pay court costs or

other costs or fees.

B. The judge shall require the family to demonstrate support

for participation in the program. In order for the family to be

admitted to the program, every person responsible for the health or

welfare of the child or children and any adult who establishes a

permanent residence in the home where the child or children reside

after the child or children have been admitted to the program shall

submit to the personal jurisdiction of the court upon being properly

served pursuant to Section 1-4-304 of Title 10A of the Oklahoma

Statutes or by personally appearing in court. Failure of an adult

responsible for the health or welfare of the child or children, or

an adult who resides in the home with the child or children, to

submit to the personal jurisdiction of the court shall result in

either the family's dismissal from the drug court program, contempt

of court proceedings for the adult, removal of the child or children

from the home, or any combination thereof.

C. When the court accepts the family drug court treatment plan,

the child or children and family shall be ordered immediately into

the program and the person responsible for the health or welfare of

the child or children and any adult who resides in the home of the

child or children shall have voluntarily signed the necessary court

documents before the child or children and family may be admitted to

treatment. The court documents shall include:

1. A written family drug court treatment plan, which is subject

to modification at any time during the program, as set forth in

Section 8 of this act;

2. A statement requiring the child or children and family to

enter the treatment program as directed by the court and to

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 133

participate until completion, withdrawal, or removal by the court;

and

3. A statement signed voluntarily by the person or persons

responsible for the health or welfare of the child or children and

any adult who resides in the home with the child or children that

such person or persons shall comply with the orders of the court and

any conditions of the treatment program and supervising staff for as

long as the family participates in the family drug court program.

D. If admission into the family drug court program is denied,

the case shall be returned to the traditional juvenile docket and

shall proceed as provided for any other juvenile case.

E. At the time a child or children and family is admitted to

the family drug court program, any bond, bail or undertaking on

behalf of the child or children or family shall be exonerated.

F. 1. A family shall actively participate in treatment for a

period of not less than six (6) months while participating in the

family drug court program.

2. All participating treatment providers shall be certified by

the Department of Mental Health and Substance Abuse Services.

Treatment programs shall be designed to be completed within twelve

(12) months and shall have relapse prevention and evaluation

components.
Okla. Stat. tit. 10A, § 10A-1-4-205 — OK Code / Title 10A / Section 10A-1-4-205
Records of child in protective custody – Petition –
Status: in_force

Hearings – Order providing for removal of a child.

A. The office of the district attorney and the Department of

Human Services shall maintain records concerning a child in

protective custody who is released prior to the emergency custody

hearing. The records shall describe the reason for such release.

B. 1. A petition for a deprived child proceeding shall be

filed and a summons issued within seven (7) judicial days from the

date the child is taken into custody unless, upon request of the

district attorney at the emergency custody hearing, the court

determines there are compelling reasons to grant additional time for

the filing of the petition for a period of time not to exceed

fifteen (15) calendar days from the assumption of custody.

2. If a petition is not filed as required by this subsection,

the emergency custody order shall expire. The district attorney

shall submit for filing in the court record a written record

specifying the reasons why the petition was not filed and specifying

to whom the child was released.

C. The court may hold additional hearings at such intervals as

may be determined necessary by the court to provide for the health,

safety, or welfare of the child.

D. In scheduling hearings, the court shall give priority to

proceedings in which a child is in emergency custody.

E. An order of the court providing for the removal of a child

alleged to be deprived from the home of the child shall not be

entered unless the court makes a determination:

1. That continuation of the child in the child’s home is

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

2. As to whether or not reasonable efforts were made to prevent

the need for the removal of the child from the child’s home; or

3. As to whether or not an absence of efforts to prevent the

removal of the child from the child’s home is reasonable because the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 84

removal is due to an alleged emergency and is for the purpose of

providing for the health, safety, or welfare of the child; or

4. That reasonable efforts to provide for the return of the

child to the child’s home are not required pursuant to Section 1-4-

809 of Title 10A of the Oklahoma Statutes; provided, however, upon

such determination, the court shall inform the parent that a

permanency hearing will be held within thirty (30) days from the

determination.
Okla. Stat. tit. 10, § 10-1116.2v1 — OK Code / Title 10 / Section 10-1116.2v1
Postadjudication review boards
Status: in_force

A. There is hereby established a postadjudication review board

in each judicial district in the state. Members and alternate

Oklahoma Statutes - Title 10. Children Page 185

members of the postadjudication review boards shall be residents of

or employed within the judicial district in which the board serves

and shall be appointed by the Director of the Oklahoma Commission on

Children and Youth after consultation with judges in the judicial

district having juvenile docket responsibility, provided that in the

event of a conflict of interest or for any reason when circumstances

or the appearances of justice dictate, the Director of the Oklahoma

Commission on Children and Youth may transfer the appointment

decision to the entire Oklahoma Commission on Children and Youth

whose decision shall be final and further, provided that any

aggrieved aspirant may appeal the decision denying appointment by

the Director of the Oklahoma Commission on Children and Youth within

five (5) days to the Oklahoma Commission on Children and Youth whose

decision shall be final. The Oklahoma Commission on Children and

Youth may establish additional postadjudication review boards as

needed for each county within a judicial district.

B. A postadjudication review board for each judicial district

shall consist of at least five (5) members. Alternate review board

members may be appointed to serve in the absence of regularly

appointed board members. Alternate board members shall be appointed

in the same manner as regularly appointed board members. On and

after September 1, 1991, currently serving board members shall serve

until appointments are made by the Commission on Children and Youth.

The Commission on Children and Youth shall complete initial

appointments to the review boards no later than June 30, 1992.

C. Board members shall be appointed for a term of three (3)

years. Members shall serve after the expiration of their terms

until their respective successors shall have been appointed.

Vacancies shall be filled for the duration of unexpired terms. The

review board members shall be appointed according to the following

guidelines:

1. One member shall be a person who has training or experience

in issues concerning child welfare, or a person who has demonstrated

an interest in children through voluntary community service or

professional activities;

2. Whenever possible, at least one member of the board shall be

an individual who has served as a foster parent, provided that no

person on the review board shall participate as a board member in

any review hearing in which the person is a party; and

3. No more than one person employed by any child welfare agency

or juvenile court may be appointed to a board at the same time,

provided such person shall not participate in any review hearing in

which the person is professionally involved.

D. Each postadjudication review board shall annually elect a

chair and shall notify the Commission on Children and Youth as to

the name and address of the chair. A list of the members of each

local board and its officers shall be filed with the Presiding Judge

Oklahoma Statutes - Title 10. Children Page 186

of the judicial district and each judge within the district having

juvenile docket responsibility.

E. There shall be a rebuttable presumption that a person

participating in a judicial proceeding as a postadjudication review

board member or a postadjudication review advisory board or

postadjudication review board coordinator is acting in good faith.

When acting in good faith, a participant shall be immune from any

civil liability that might otherwise be incurred or imposed. Each

postadjudication review board shall meet as often as is necessary at

a place it designates to carry out the duties of the board

established by Section 1116.3 of this title. The review board shall

meet at least twice annually. Upon the request of the board,

members or prospective members of other existing review boards,

students or researchers may attend and observe but not participate

in board hearings subject to restrictions and conditions imposed by

the board. Members and employees of the State Postadjudication

Review Advisory Board who are exercising their oversight

responsibilities pursuant to Section 1116.6 of this title may attend

and observe but not participate in board hearings. All parties

shall maintain confidentiality, and the names of the children in

placement shall not be published. Temporary ad hoc review boards

may be created in counties in which there is no active review board.

The Director of the Oklahoma Commission on Children and Youth may

appoint active or alternate members of existing review boards to

serve as members of local boards that are unable to meet quorum

requirements and to temporarily constitute members of a new board

where no current board exists. A member appointed to temporary

service shall be fully qualified as provided by law, and such

service shall terminate when the basis for the appointment is

remedied or upon the order of the Director.

F. As a condition of membership thereto, members and alternates

of the postadjudication review boards shall attend the next

available orientation program after appointment to the board.

Failure to attend an orientation program, at the discretion of the

Commission on Children and Youth, may result in the removal of the

board member. Members of postadjudication review boards shall

attend the annual meeting or training programs or both such meeting

and training programs as are authorized and directed by the

Commission on Children and Youth.

G. Members of postadjudication review boards shall serve

without compensation, but shall be reimbursed for travel and

training expenses from monies appropriated by the Legislature for

such purposes, as provided by the State Travel Reimbursement Act.

The Commission on Children and Youth shall provide members of

postadjudication review boards with necessary operating supplies and

postage fees or members shall be reimbursed for these expenses.

Oklahoma Statutes - Title 10. Children Page 187

H. The Commission on Children and Youth shall be responsible

for developing procedures for the removal of a member from a

postadjudication review board. The grounds for the removal of a

postadjudication review board member shall include but not be

limited to:

1. Failure to attend board meetings as required by the

Commission on Children and Youth;

2. Engaging in illegal conduct involving moral turpitude;

3. Engaging in conduct involving dishonesty, fraud, deceit, or

misrepresentation; or

4. Wrongful disclosure of information as provided by Section

1116.4 of this title.

I. Necessary staff assistance required by the postadjudication

review boards may be provided by the bailiff or bailiffs, or other

person designated by the court, of the judges with juvenile docket

responsibility in the judicial district. Upon the request of the

presiding judge, the Chief Justice of the Supreme Court may

authorize additional staff to be paid from local court funds to

assist the review board.

The Administrative Director of the Courts may include such

additional funding requests in the annual budget for the courts as

are necessary to provide staff and administrative support for the

review boards.
Okla. Stat. tit. 10, § 10-60.1 — OK Code / Title 10 / Section 10-60.1
Renumbered as § 7501-1.3 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10A, § 10A-1-5-101 — OK Code / Title 10A / Section 10A-1-5-101
Appeal of order or decree
Status: in_force

A. Any interested party aggrieved by any order or decree may

appeal to the Supreme Court pursuant to Section 1-5-103 of this

title and the rules of the Supreme Court of this state.

B. The pendency of an appeal thus taken shall not suspend the

order of the district court regarding a child, nor shall it remove

the child from the custody of that court or of the person,

institution or agency to whose care such child has been committed,

unless the Supreme Court shall so order, except as provided in

Section 1-4-801 of this title. The pendency of an appeal from an

order of adjudication shall not prevent the district court from

holding a dispositional hearing unless the appellate court shall so

order.
Okla. Stat. tit. 10, § 10-640 — OK Code / Title 10 / Section 10-640
Short title
Status: in_force

This act shall be known and may be cited as the "Oklahoma

Partnership for School Readiness Act".
Okla. Stat. tit. 10, § 10-7501-1.2 — OK Code / Title 10 / Section 10-7501-1.2
Purpose of Code
Status: in_force

A. The Legislature of this state believes that every child

should be raised in a secure, loving home and finds that adoption is

the best way to provide a permanent family for a child whose

Oklahoma Statutes - Title 10. Children Page 297

biological parents are not able or willing to provide for the

child's care or whose parents believe the child's best interest will

be best served through adoption. The purpose of the Oklahoma

Adoption Code is to:

1. Ensure and promote the best interests of the child in

adoptions and to establish an orderly and expeditious process for

movement of adoption matters through the courts;

2. Affirm that the parent-child relationship is fundamental and

that all adoption laws should be fair to the child and to each

parent of the child;

3. Affirm the duty of the biological parents to provide

appropriately for the care of the child unless custody of the child

has been transferred either voluntarily or involuntarily;

4. Affirm the duty of a noncustodial parent to:

a. provide financial support for the parent's biological

child, and otherwise exercise parental

responsibilities,

b. maintain a parent-child relationship, regardless of

the absence of any court order to that effect, and

c. provide for the appropriate financial support of the

mother of the child during her term of pregnancy;

5. Affirm the duty of a male person who has sexual relations

with a female person outside of marriage to be aware that a

pregnancy might occur;

6. Affirm the duty of the biological father of a child who is

to be born or who is born outside of marriage to exercise his

parental responsibilities for the child. This includes the duty to

inform himself about the existence and needs of any such child and

to exercise parental responsibilities toward that child even before

birth;

7. Encourage prebirth planning for adoption as a means of

facilitating adoption of a child into a permanent family as soon as

possible. To that end, the Oklahoma Adoption Code provides for a

prebirth notice of a plan for adoption and for procedures by which a

putative father may give his consent or otherwise respond to the

notice;

8. Ensure that children placed for adoption will be raised in

stable, permanent loving families whose qualifications for adoption

have been properly evaluated in light of the child's needs;

9. Promote and strengthen the integrity and finality of

adoptions by limiting the time and circumstances for a consent to be

withdrawn or a challenge to the adoption filed; and

10. Recognize the right of all children who have been adopted

to have access to information about their social and medical

history.

B. It is the intent of the Legislature to balance the privacy

rights of all parties to an adoption while clarifying when and to

Oklahoma Statutes - Title 10. Children Page 298

whom information may be released. The Legislature seeks to promote

voluntary reunions, provide for confidential intermediaries, and

collect and maintain social and medical information relating to the

adoption in the recognition that all children should have access to

knowledge about their heritage.
Okla. Stat. tit. 10, § 10-7303-6.2 — OK Code / Title 10 / Section 10-7303-6.2
Renumbered as § 2-2-601 of Title 10A by Laws 2009, c
Status: in_force

234, § 182, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7303-5.5 — OK Code / Title 10 / Section 10-7303-5.5
Renumbered as § 2-2-505 of Title 10A by Laws 2009, c
Status: in_force

234, § 181, emerg. eff. May 21, 2009.Oklahoma Statutes - Title 10. Children Page 20
Okla. Stat. tit. 10, § 10-7303-1.5 — OK Code / Title 10 / Section 10-7303-1.5
Renumbered as § 2-2-106 of Title 10A by Laws 2009, c
Status: in_force

234, § 178, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1430.39 — OK Code / Title 10 / Section 10-1430.39
Conditional license for provider in receivership
Status: in_force

Other provisions of the Group Homes for Persons with

Developmental or Physical Disabilities Act notwithstanding, the

Department of Human Services may issue a conditional license to a

Oklahoma Statutes - Title 10. Children Page 263

provider placed in receivership. The duration of a license issued

under this section is limited to the duration of the receivership.
Okla. Stat. tit. 10A, § 10A-2-3-103 — OK Code / Title 10A / Section 10A-2-3-103
Temporary detention - Transportation - Certification
Status: in_force

of juvenile detention facilities.

A. Provision shall be made for the temporary detention of

children in a juvenile detention facility or the court may arrange

for the care and custody of such children temporarily in private

homes, subject to the supervision of the court, or the court may

provide shelter or may enter into a contract with any institution or

agency to receive, for temporary care and custody, children within

the jurisdiction of the court. The Office of Juvenile Affairs shall

not be ordered to provide detention unless said Office has

designated and is operating detention services or facilities.

B. County sheriffs of the arresting agency, their designee, any

peace officer, private contractors under contract with the Office of

Juvenile Affairs for transportation services, or juvenile court

officers shall provide for the transportation of juveniles to and

from secure detention for purposes of admission, interfacility

transfer, discharge, medical or dental attention, court appearance,

or placement designated by the Office. No private contract for

transportation services shall be entered into by the Office unless

the private contractor demonstrates to the satisfaction of the

Office that such contractor is able to obtain insurance or provide

self-insurance to indemnify the Office against possible lawsuits and

meets the requirements of subparagraphs a, b and d of paragraph 4 of

subsection C of this section. The Office of Juvenile Affairs shall

not be ordered to provide transportation for a juvenile who is

detained in or is destined for secure detention. The Office of

Juvenile Affairs shall provide reimbursement to the entity

transporting juveniles for necessary and actual expenses for

transporting juveniles who are detained in or destined for a secure

detention center as follows:

1. A fee for the cost of personal services at the rate of

Seventeen Dollars ($17.00) per hour;

2. Mileage reimbursement for each mile actually traveled at the

rate established in the State Travel Reimbursement Act;

3. Meals for transporting personnel, not to exceed Ten Dollars

($10.00) per meal; and

4. Meals for juveniles being transported, not to exceed Ten

Dollars ($10.00) per meal.

The Office of Juvenile Affairs shall process and mail

reimbursement claims within sixty (60) days of receipt. Payments

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 339

for services provided by a county sheriff's office shall be paid to

the county and deposited in the service fee account of the sheriff.

C. 1. All juvenile detention facilities shall be certified by

the Office of Juvenile Affairs. To be certified, a juvenile

detention facility shall be required to meet standards for

certification promulgated by the Board of Juvenile Affairs.

2. The board of county commissioners of every county shall

provide for the temporary detention of a child who is or who may be

subject to secure detention and may construct a building or rent

space for such purpose. The boards of county commissioners shall

provide for temporary detention services and facilities in

accordance with the provisions of the State Plan for the

Establishment of Juvenile Detention Services adopted pursuant to

subsection D of this section and in accordance with subsections A

and C of Section 2-7-608 of this title. The boards of county

commissioners are hereby authorized to create multicounty trust

authorities for the purpose of operating juvenile detention

facilities.

3. In order to operate the juvenile detention facilities

designated in the State Plan for the Establishment of Juvenile

Detention Services and in subsections A and C of Section 2-7-608 of

this title, the boards of county commissioners in the designated

host counties shall:

a. operate the juvenile detention facility through a

statutorily constituted juvenile bureau subject to the

supervision of the district court, or

b. operate the juvenile detention facility by employing a

manager who may employ personnel and incur other

expenses as may be necessary for its operation and

maintenance, or

c. contract with a public agency, private agency,

federally recognized tribe, or single or multi-county

trust authority for the operation of the juvenile

detention facility. In the event any board of county

commissioners contracts with a public or private

agency or a federally recognized tribe, pursuant to

the provisions of this section, the Office is

authorized to directly contract with and pay such

public or private agency or federally recognized tribe

for provision of detention services. Any contract

with a federally recognized tribe shall become

effective upon approval by the board of county

commissioners.

4. Management contracts for privately operated detention

facilities shall be negotiated with the firm found most qualified by

the board of county commissioners. However, no private management

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 340

contract shall be entered into by the board unless the private

contractor demonstrates to the satisfaction of the board:

a. that the contractor has the qualifications,

experience, and personnel necessary to implement the

terms of the contract,

b. that the financial condition of the contractor is such

that the term of the contract can be fulfilled,

c. that the ability of the contractor to obtain insurance

or provide self-insurance to indemnify the county

against possible lawsuits and to compensate the county

for any property damage or expenses incurred due to

the private operation of the juvenile detention

facility, and

d. that the contractor has the ability to comply with

applicable court orders and rules of the Office of

Juvenile Affairs.

5. All counties to be served by a secure juvenile detention

facility may, upon the opening of such facility, contract with the

operators for the use of the facility for the temporary detention of

children who are subject to secure detention; provided, however, a

jail, adult lockup, or other adult detention facility may be used

for the secure detention of a child as provided for in Section 2-3-

101 of this title.

6. Expenses incurred in carrying out the provisions of this

section shall be paid from the general fund of the county or from

other public funds lawfully appropriated for such purposes or from

private funds that are available for such purposes. A county may

also issue bonds for the construction of detention facilities.

7. The operation of a juvenile detention facility by a county

shall constitute a quasi-judicial function and is also hereby

declared to be a function of the State of Oklahoma for purposes of

the Eleventh Amendment to the United States Constitution. In

addition, no contract authorized by the provisions of this section

for the providing of transportation services or for the operation of

a juvenile detention facility shall be awarded until the contractor

demonstrates to the satisfaction of the county that the contractor

has obtained liability insurance with the limits specified by The

Governmental Tort Claims Act against lawsuits arising from the

operation of the juvenile detention facility by the contractor, or

if the contract is for the providing of transportation services, the

contractor has obtained liability insurance with the limits

specified by The Governmental Tort Claims Act against lawsuits

arising from the transportation of juveniles as authorized by

subsection A of this section.

D. The Board of Juvenile Affairs, from monies appropriated for

that purpose, shall develop, adopt, and implement a plan for secure

juvenile detention services and alternatives to secure detention, to

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 341

be known as the State Plan for the Establishment of Juvenile

Detention Services, which shall provide for the establishment of

juvenile detention facilities and services with due regard for

appropriate geographical distribution and existing juvenile

detention programs operated by statutorily constituted juvenile

bureaus. Said plan may be amended or modified by the Board as

necessary and appropriate. Until said plan is adopted by the Board,

the plan adopted by the Commission for Human Services shall remain

in effect.

1. The Board of Juvenile Affairs shall establish procedures for

the letting of contracts or grants, including grants to existing

juvenile detention programs operated by statutorily constituted

juvenile bureaus, and the conditions and requirements for the

receipt of said grants or contracts for juvenile detention services

and facilities as provided in this section and Section 2-7-401 of

this title. A copy of such procedures shall be made available to

any member of the general public upon request. All such grants or

contracts shall require the participation of local resources in the

funding of juvenile detention facilities. A contract for services

shall be based upon a formula approved by the Board which shall set

the contract amount in accordance with the services offered and the

degree of compliance with standards for certification.

2. The Board of Juvenile Affairs shall establish standards for

the certification of detention services and juvenile detention

facilities. Such standards may include, but not be limited to:

screening for detention; education and recreation opportunities for

juveniles in secure detention; and accreditation by the American

Correctional Association. As a condition of continuing eligibility

for grants or contracts, secure juvenile detention services and

facilities shall be certified by the Board within two (2) years of

the date of the initial grant or contract.

E. The State Department of Health, with the assistance of the

Office of Juvenile Affairs, shall establish standards for the

certification of jails, adult lockups, and adult detention

facilities used to detain juveniles. Such standards shall include

but not be limited to: separation of juveniles from adults;

supervision of juveniles; and health and safety measures for

juveniles. The Department of Health is authorized to inspect any

jail, adult lockup, or adult detention facility for the purpose of

determining compliance with such standards. No jail, adult lockup,

or other adult detention facility shall be used to detain juveniles

unless such jail, adult lockup, or other adult detention facility

complies with the standards established by the Department of Health

and is designated as a place for the detention of juveniles by the

judge having juvenile docket responsibility in the county from a

list of eligible facilities supplied by the Department of Health.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 342

The development and approval of the standards provided for in

this paragraph shall comply with the provisions of the

Administrative Procedures Act.

F. The State Board of Health shall promulgate rules providing

for the routine recording and reporting of the use of any adult

jail, lockup or other adult facility for the detention of any person

under the age of eighteen (18).

1. For the purpose of ensuring the uniformity and compatibility

of information related to the detention of persons under age

eighteen (18), said rules shall be reviewed and approved by the

Oklahoma Commission on Children and Youth prior to their adoption by

the Board; and

2. Records of detention shall be reviewed during each routine

inspection of adult jails, lockups or other adult detention

facilities inspected by the State Department of Health and a

statistical report of said detentions shall be submitted to the

Office of Juvenile Affairs at least every six (6) months in a form

approved by the Board of Juvenile Affairs.
Okla. Stat. tit. 10A, § 10A-1-4-507 — OK Code / Title 10A / Section 10A-1-4-507
Admissibility of evidence
Status: in_force

In any proceeding resulting from a report made pursuant to

Section 1-2-101 of this title or in any proceeding where such a

report or any contents of the report are sought to be introduced

into evidence, such report, contents, or other fact related thereto

or to the condition of the child or victim who is the subject of the

report shall not be excluded on the ground that the matter is or may

be the subject of a physician-patient privilege or similar privilege

or rule against disclosure.
Okla. Stat. tit. 10, § 10-1419a — OK Code / Title 10 / Section 10-1419a
Dismissal or nonrenewal of contract of career teacher or
Status: in_force

administrative personnel other than principal – Trial de novo.

A. A career teacher, as described in Section 1419 of Title 10

of the Oklahoma Statutes, or any administrative personnel other than

a superintendent who has been dismissed or whose contract has not

been renewed shall be entitled to a trial de novo in the district

court of the county in which the school is located.

B. In the event that a career teacher is dismissed or the

teacher’s contract is not renewed, the Director of the State

Department of Rehabilitation Services shall notify the teacher of

the right to trial de novo within ten (10) days of receipt of the

final order of the Director.

C. Within ten (10) days of receipt of the notification of the

right to a trial de novo, the career teacher may file a petition for

a trial de novo.

Upon filing the petition, the court clerk shall issue a summons

and cause service by mail to be made upon the State Department of

Rehabilitation Services by certified mail, restricted delivery with

return receipt requested, or substitute process as provided by law.

D. If, within the ten-day period, the career teacher fails to

file a petition for a trial de novo concerning the dismissal or

nonreemployment, the teacher shall be deemed to have waived the

right to trial de novo and the decision of the Director to dismiss

or not to renew the contract shall be final.

E. The Department shall serve its answer within twenty (20)

days of the service of summons and petition upon it. The trial de

novo shall be scheduled at the earliest possible date which will

Oklahoma Statutes - Title 10. Children Page 227

permit both parties adequate time to prepare for a just trial of the

issues involved; provided, however, said trial de novo shall be

scheduled and held not less than ten (10) days and no later than

thirty (30) days after the answer has been filed.

F. Except as otherwise provided specifically in this section,

the law generally applicable to civil suits filed in district court

shall apply to the proceedings for trial de novo under this section.

At the trial de novo the standard of proof shall be by the

preponderance of the evidence and the burden of proof shall be on

the State Department of Rehabilitation Services to establish de novo

that the career teacher’s dismissal or nonreemployment is warranted.

The trial de novo shall proceed as a nonjury trial before the court.

The court shall determine de novo all issues of fact and law

necessary for full adjudication of the dispute at the trial. The

court shall not, by applying principles of collateral estoppel or

res adjudicata or otherwise, give preclusive effect to findings of

fact of determinations of the Director with regard to the issue

necessary to determine the adequacy of the dismissal or

nonreemployment of the career teacher in the trial de novo. Within

three (3) days following the conclusion of the trial de novo, the

judge shall prepare written findings of fact and conclusions of law

and shall enter judgment directing either of the following:

1. That the State Department of Rehabilitation Services

reinstate the career teacher with full employment status and

benefits; or

2. That the decision of the State Department of Rehabilitation

Services for the dismissal or nonreemployment of the career teacher

be sustained.

G. The time limits set forth in this section for the

proceedings before the district court may be extended by mutual

agreement of the parties with the approval of the district court.

H. The decision of the district court shall be final and

binding upon the career teacher and the State Department of

Rehabilitation Services unless the teacher or the Department appeals

the decision of the district court in the manner provided by law for

the appeal of civil cases from the district court.

I. This section shall not apply to the following:

1. Superintendents;

2. Instructional personnel serving under a temporary contract

or as a substitute teacher as defined in Section 6-105 of Title 70

of the Oklahoma Statutes; and

3. Probationary teachers.
Okla. Stat. tit. 10, § 10-453 — OK Code / Title 10 / Section 10-453
Definitions
Status: in_force

(a) The term "Commission" when used in this act shall mean the

Oklahoma Public Welfare Commission.

Oklahoma Statutes - Title 10. Children Page 100

(b) The term "Director" when used in this act shall mean the

Director of Public Welfare, who shall be the administrative officer

of the Commission.

(c) The term "Department" when used in this act shall mean the

State Department of Public Welfare.
Okla. Stat. tit. 10, § 10-1626 — OK Code / Title 10 / Section 10-1626
Renumbered as § 526 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-7505-7.2 — OK Code / Title 10 / Section 10-7505-7.2
Limitations on challenge to adoption or termination
Status: in_force

of parental rights - Effect of appeal - Best interests of child.

Oklahoma Statutes - Title 10. Children Page 369

A. Except as otherwise provided by paragraph 3 of subsection B

of Section 7503-2.7 of this title:

1. When an interlocutory or final decree of adoption has been

rendered, a decree terminating parental rights cannot be challenged

on any ground, either by a direct or a collateral attack, more than

three (3) months after its rendition. The minority of the natural

parent shall not operate to prevent this time limit from running;

and

2. No adoption may be challenged on any ground either by a

direct or collateral attack more than three (3) months after the

entry of the final adoption decree regardless of whether the decree

is void or voidable, and the minority or incompetence of the natural

parent shall not operate to prevent this time limit from running.

B. In any challenge on any ground either by a direct or

collateral attack, the court shall not enter a decision which is

contrary to the best interests of the adopted minor.
Okla. Stat. tit. 10A, § 10A-2-7-501 — OK Code / Title 10A / Section 10A-2-7-501
Intake and probation services - Services related to
Status: in_force

juvenile offenders.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 422

A. The Office of Juvenile Affairs shall provide intake and

probation services for juveniles in all counties not having a

juvenile bureau and parole services in all counties of the state and

may enter into agreements to supplement probationary services to

juveniles in any county. The Office of Juvenile Affairs may

participate in federal programs for juvenile probation officers, and

may apply for, receive, use and administer federal funds for such

purpose.

B. A preadjudicatory substance abuse assessment of a child may

be conducted in conjunction with a court intake or preliminary

inquiry pursuant to an alleged delinquent act or upon admission to a

juvenile detention facility through the use of diagnostic tools

including, but not limited to, urinalysis, structured interviews or

substance abuse projective testing instruments.

1. Information gained from the substance abuse assessment

pursuant to this subsection shall be used only for substance abuse

treatment and for no other purpose. The results shall not be used

in any evidentiary or fact-finding hearing in a juvenile proceeding

or as the sole basis for the revocation of a community-based

placement or participation in a community-based program.

2. The results of the substance abuse assessment may be given

to the intake, probation or parole counselor of the child, the

parent or guardian of the child or to the attorney of the child. In

accordance with the Juvenile Offender Tracking Program and Section

620.6 of Title 10 of the Oklahoma Statutes, the counselor may also

provide the results of the substance abuse assessment to medical

personnel, therapists, school personnel or others for use in the

treatment and rehabilitation of the child.

C. The Office of Juvenile Affairs and the juvenile bureaus

shall implement:

1. Use of a uniform court intake risk and needs assessment for

children alleged or adjudicated to be delinquent;

2. The imposition of administrative sanctions for the violation

of a condition of probation or parole;

3. A case management system for ensuring appropriate:

a. diversion of youth from the juvenile justice system,

b. services for and supervision of all youth on

preadjudicatory or postadjudicatory probation or on

parole, and for juvenile offenders in the custody of

the Office of Juvenile Affairs, and

c. intensive supervision of juvenile offenders and

communication between law enforcement and juvenile

court personnel and others regarding such offenders;

and

4. Guidelines for juvenile court personnel recommendations to

district attorneys regarding the disposition of individual cases by

district attorneys.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 423

D. 1. The Office of Juvenile Affairs shall establish directly

and by contract, services including, but not limited to:

a. misdemeanor and nonserious first-time offender

programs,

b. tracking and mentor services,

c. weekend detention,

d. five-day out-of-home sanction placements,

e. short-term thirty-day intensive, highly structured

placements,

f. transitional programs,

g. substance abuse treatment and diagnostic and

evaluation programs, and

h. day treatment programs.

2. In implementing these services, the Office of Juvenile

Affairs shall give priority to those areas of the state having the

highest incidences of juvenile crime and delinquency.

E. 1. The following entities shall conduct, upon adjudication

of a child as a delinquent or in need of supervision unless such

child has been previously assessed within the six (6) months prior

to such intake, a literacy skills assessment:

a. the Office of Juvenile Affairs,

b. a first-time offender program within a designated

youth services agency,

c. any metropolitan county juvenile bureau, or

d. any county operating a juvenile bureau.

2. Such assessment shall be conducted through the use of

diagnostic tools which include, but are not limited to:

a. structured interviews,

b. standardized literacy testing instruments which

measure the educational proficiency of the child, and

c. any other measure used to determine:

(1) whether a child is reading at an age-appropriate

level, and

(2) the capacity of the child to read at such level.

3. The results of the literacy skills assessment required

pursuant to this subsection shall be made available to the court by

the district attorney for use in the disposition phase; provided,

however, the results shall not be used in any evidentiary or fact-

finding hearing in a juvenile proceeding to determine whether a

juvenile should be adjudicated. Provided, further, such results

shall not be used as the sole basis for the revocation of a

community-based placement or participation in a community-based

program.

4. a. Upon request, the results of the literacy skills

assessment shall be given to the following:

(1) the child's intake, probation or parole

counselor,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 424

(2) the parent or guardian of the child, or

(3) the child's attorney.

b. In accordance with the Juvenile Offender Tracking

Program and Section 620.6 of Title 10 of the Oklahoma

Statutes, the counselor may also provide the results

of the literacy skills assessment to therapists,

school personnel or others for use in the training and

rehabilitation of the child.

5. a. If the child is a juvenile placed in an institution or

facility operated by the Office of Juvenile Affairs,

the child shall be assessed and a literacy improvement

program shall be implemented in accordance with

Sections 2-7-601 and 2-7-603 of this title.

b. If the child is adjudicated delinquent or in need of

supervision or is being detained as part of a deferral

of prosecution agreement, deferral to file agreement

or a deferral sentence agreement, and the results of

the literacy skills assessment show that the child is

not reading at an age-appropriate level but has the

capacity to improve his or her reading skills, the

child shall be required to actively participate in a

literacy skills improvement program which may include,

but not be limited to, a program of instruction

through a public or private school, including any

technology center school, of this state or any other

state. The child shall provide documentation of

substantial quantifiable literacy improvement,

sufficient to demonstrate reading proficiency at an

age-appropriate or developmentally appropriate level;

provided, however, failure to demonstrate substantial

quantifiable literacy improvement shall not be the

sole basis for not dismissing a case against a child.
Okla. Stat. tit. 10, § 10-1507.18 — OK Code / Title 10 / Section 10-1507.18
Renumbered as § 7306-2.4 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.

Oklahoma Statutes - Title 10. Children Page 268
Okla. Stat. tit. 10, § 10-557.7 — OK Code / Title 10 / Section 10-557.7
Validated agreement required prior to transfer of
Status: in_force

gametes or embryos.

A. A gestational agreement must be validated as provided by the

Oklahoma Gestational Agreement Act prior to the transfer of gametes

or embryos to the gestational carrier for the purpose of conception

or implantation under a gestational carrier arrangement.

B. Nothing in this act shall prohibit any of the following,

undertaken in compliance with applicable law, even though a

gestational agreement is not yet validated:

1. The gestational carrier from undertaking a medical or

hormonal regimen designed to increase the likelihood of conception

or implantation;

2. One or more intended parents or one or more donors from

undertaking a medical or hormonal regimen designed to aid in the

production or vitality of gametes;

3. The acquisition, retrieval, collection, creation, growth,

testing or storage of gametes from one or more intended parents or

one or more donors; or

4. The acquisition, retrieval, collection, creation, growth,

testing or storage of embryos derived from the gametes of one or

more intended parents or one or more donors.
Okla. Stat. tit. 10, § 10-557.13 — OK Code / Title 10 / Section 10-557.13
Amendments to agreement must be validated
Status: in_force

A. If the parties to a validated gestational agreement desire

to amend it, the amended gestational agreement must be validated to

be enforceable.

B. To validate amendments to a previously validated gestational

agreement, an amended petition must be filed in the same cause as

the petition under which the gestational agreement was originally

validated. The amended petition must identify the amendments the

parties seek to make to the gestational agreement, and said parties

must attach a copy of the amended gestational agreement.

C. The court shall apply the same requirements and utilize the

same procedures in determining whether to validate the amended

gestational agreement as are used in determining whether to validate

any other gestational agreement.

D. Upon validation of the amended gestational agreement, the

amended gestational agreement shall supersede any earlier versions

of the gestational agreement, and the earlier versions of the

gestational agreement shall be of no further force or effect.

E. A validated gestational agreement may not be amended to

change the identity of the gestational carrier, the gestational

spouse, if applicable, or any intended parent. In such instances,

the validated gestational agreement must be terminated in compliance

Oklahoma Statutes - Title 10. Children Page 117

with the Oklahoma Gestational Agreement Act, and the gestational

agreement with the new parties must be validated in a separate

action.

F. Nothing in this section shall prevent a gestational

agreement that has not been previously validated from being amended

as to any matter or term by agreement of the parties. Any such

amended gestational agreement must still be validated in compliance

with this act in order for it be enforceable.
Okla. Stat. tit. 10A, § 10A-1-4-901 — OK Code / Title 10A / Section 10A-1-4-901
Filing of petition or motion for termination of
Status: in_force

parental rights.

A. A petition or motion for termination of parental rights may

be filed independently by either the district attorney or the

attorney of a child alleged to be or adjudicated deprived.

B. A petition or motion for termination of parental rights

shall be filed by the district attorney for those petitions or

motions required to be filed pursuant to the provisions of Section

1-4-902 of this title.

C. If a child's attorney files a petition or motion for the

termination of the parental rights of the parents of the child, the

district attorney shall join in the petition or motion for those

petitions or motions required to be filed by the district attorney

pursuant to the provisions of Section 1-4-902 of this title, unless

an exception to filing exists.
Okla. Stat. tit. 10A, § 10A-1-9-119.1 — OK Code / Title 10A / Section 10A-1-9-119.1
Rights of children being served by Child Welfare
Status: in_force

Services.

A. A child being served by Child Welfare Services of the

Department of Human Services is entitled to reasonable, good-faith

efforts in order to be provided the following rights when doing so

serves the child's best interest:

1. Placement:

a. to remain in the custody of the child's parents or

legal custodians unless and until there has been a

determination in accordance with state law that

removal is appropriate,

b. to be placed, in accordance with state law, when

circumstances permit and in the following order of

preference:

(1) with an approved relative,

(2) with an approved kinship placement,

(3) with an approved resource family who has

previously cared for the child, and

(4) with an approved resource family,

c. to be placed in the nearest geographic proximity to

the home of the child as possible,

d. to be placed with the child's sibling, when

appropriate, if the sibling is also placed outside his

or her home,

e. to be placed, when appropriate, with a child of his or

her own,

f. to be placed, when possible, with a foster family that

can and is willing to accommodate the child's

communication needs,

g. to be provided with both information about a foster

family or program and, when circumstances permit, an

opportunity to meet the foster parent or program staff

before placement occurs,

h. to be provided, when possible, an age-appropriate

explanation why the child is in foster care and what

is happening to the child and to the child's family,

including siblings,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 248

i. to continue in the same school or educational

placement with minimal disruption in order to receive

an education that fits the child's age and individual

needs,

j. to be treated with dignity during placement changes.

(1) Except when a change in placement is due to an

emergency, a child and the child's attorney shall

be afforded five (5) judicial days' notice before

a change in placement.

(2) Prior to any placement change, the impacted child

shall be consulted when appropriate and advised

in an age-appropriate manner of the circumstances

and the reason for the placement change. The

child's input concerning the placement change

shall be considered, taking the child's age and

developmental level into account, and

k. to receive reasonable equipment and assistance to

transport personal possessions during placement

changes;

2. Safety:

a. to live in a safe, healthy and comfortable home,

b. to have adequate and appropriate clothing,

c. to receive individualized medical, dental, vision,

mental health and other required services by, when

reasonably possible, a continuity of providers,

d. to be free of unnecessary or excessive medication, and

e. to report a potential violation of personal rights

without fear of punishment, interference, coercion or

other retaliation;

3. Privacy:

a. to have an age-appropriate expectation of privacy in

accordance with existing law as to person, property

and communications,

b. to freely exercise the child's own religious beliefs,

including the refusal to attend any religious

activities and services, and

c. to confidentiality of all juvenile court records

consistent with existing law;

4. Communication:

a. to have written visitation plans with parents and

siblings in accordance with existing law,

b. to begin visitation with parents and siblings in

accordance with existing law,

c. to have safe and reasonable communications, when

appropriate and in accordance with existing law, with

the child's parents, siblings, extended family and

friends,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 249

d. to have regular and meaningful access to the child's

attorney, guardian and court-appointed special

advocate,

e. to communicate, in private if necessary, with any

court and judge with personal jurisdiction of the

child. This shall include informing the court of

inadequate representation being provided by any

attorney or other individual tasked with advocating on

behalf of the child,

f. to be provided the opportunity to engage in regular,

meaningful and private communication with the child's

assigned caseworker,

g. to participate, in a manner consistent with the

child's age and developmental level and in accordance

with existing law, in the development of and any

revision to the child's service plan,

h. to be presented, when appropriate and in accordance

with existing law, with the service plan for the

child's review and signature,

i. when appropriate, to be notified of, attend and have

the opportunity to be heard in court hearings relating

to the child's case and in family team meetings, and

j. to have, in accordance with existing law, all of the

child's records available for review by the child's

attorney and court-appointed special advocate if they

deem such review necessary; and

5. Personal Growth:

a. to have fair and equal access to all available

services, placement, care, treatment and benefits, and

to not be subjected to discrimination or harassment as

ensured by existing law,

b. to engage in reasonable, age-appropriate day-to-day

activities, including extracurricular, enrichment and

social activities, consistent with the most family-

like environment,

c. to receive independent living and support services

and, unless circumstances or existing law requires a

document be obtained sooner, be provided

identification and permanent documents, including

birth certificate, Social Security card and health

records by eighteen (18) years of age, to the extent

allowed by federal and state law,

d. the opportunity to work and develop job skills at an

age-appropriate level that is consistent with state

law, and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 250

e. to manage or have managed their personal earnings and

financial resources in a manner consistent with the

child's age and developmental level.

B. One or more of the enumerated rights in subsection A of this

section may conflict. Therefore, a balanced approach to protect

these rights shall be pursued that takes into account both the

child's unique circumstances and what is in the child's best

interest.

C. A statement of the rights enumerated in this section shall

be provided to:

1. Each child at the outset of entering foster care and at

least annually thereafter; and

2. Any foster parent once a child in the custody of the

Department enters the foster parent’s home and annually thereafter.

D. Subsequent to the exhaustion of available administrative

remedies as provided in Section 1-9-120 of Title 10A of the Oklahoma

Statutes, any child aggrieved by a violation of these rights may

seek intervention by a court with jurisdiction over the child to

make it aware of the grievance and obtain, if warranted, appropriate

equitable relief. The court in its discretion may waive the prior

exhaustion of administrative remedies. Nothing in this section,

however, shall be construed to create a private cause of action or

claim on the part of any individual, the Department, the Office of

Juvenile Affairs or any child-placing agency.
Okla. Stat. tit. 10, § 10-620.2 — OK Code / Title 10 / Section 10-620.2
Appointment of task force - Membership - Duties
Status: in_force

A. The Oklahoma Commission on Children and Youth shall appoint

a task force composed of the directors, or their designees, of the

agencies listed in Section 3 of this act and, as appropriate,

Oklahoma Statutes - Title 10. Children Page 168

representatives of other public and private agencies that provide

services to children and their families. The task force shall:

1. On or before November 1, 1990, establish guidelines for the

development of uniform administrative rules, procedures and forms

related to the maintenance, transfer and release of confidential

information required pursuant to the provisions of this act;

2. On or before January 1, 1991, revise the proposed rules,

procedures and forms prepared by the agencies for uniformity and

compliance with the guidelines established by the task force. The

task force shall make recommendations to the agencies for

modifications to the proposed rules, procedures and forms as

necessary to ensure uniformity and compliance with the established

guidelines;

3. On or before April 1, 1991, develop a manual which clearly

describes applicable state and federal laws, rules, procedures and

forms for the maintenance, transfer and release of confidential

information. Said manual shall be published by the Oklahoma

Commission on Children and Youth and each agency providing services

to children and their families shall be responsible for necessary

copying and distribution, to ensure that employees involved in the

delivery of services to children and their families are provided

copies of the manual and are trained regarding the content and

application of the information contained in the manual; and

4. Beginning on April 1, 1991, meet not less than annually and

more often as necessary, as determined by the Oklahoma Commission on

Children and Youth, for the purpose of reviewing proposed or

necessary amendments to the rules, procedures or forms adopted

pursuant to this act in order to ensure the continuing consistency

and uniformity of said rules, procedures and forms and to provide

for necessary revisions of the manual.

B. Each agency listed in Section 3 of this act shall provide

information and staff assistance as necessary to prepare the rules,

procedures, forms and manual required by this act.

C. Beginning on April 1, 1991, each agency listed in Section 3

of this act shall forward to the Oklahoma Commission on Children and

Youth copies of proposed amendments to the rules, procedures and

forms adopted pursuant to this act.
Okla. Stat. tit. 10, § 10-1125.2 — OK Code / Title 10 / Section 10-1125.2
Renumbered as § 7005-1.3 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-1141 — OK Code / Title 10 / Section 10-1141
Renumbered as § 7302-5.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-1430.13 — OK Code / Title 10 / Section 10-1430.13
Information subject to disclosure to public
Status: in_force

The following information is subject to disclosure to the public

from the Department of Human Services:

1. Information submitted under Section 1430.14 of this title,

except information concerning the remuneration of personnel

licensed, registered or certified by the Department, and monthly

charges for an individual private resident;

2. Records of inspections, surveys and evaluations of group

homes; and

3. Complaints filed against a group home and complaint

investigation reports, except that a complaint or complaint

investigation report shall not be disclosed to a person other than

the complainant or complainant's representative before it is

disclosed to a group home as provided in Section 1430.7 of this

title and, further, except that a complainant or resident's name

shall not be disclosed except as provided in Section 1430.7 of this

title.
Okla. Stat. tit. 10, § 10-1145 — OK Code / Title 10 / Section 10-1145
Renumbered as § 7002-2.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-60.19 — OK Code / Title 10 / Section 10-60.19
Renumbered as § 7505-7.1 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7004-1.1 — OK Code / Title 10 / Section 10-7004-1.1
Renumbered as § 1-7-103 of Title 10A by Laws 2009, c
Status: in_force

233, § 277, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7305-1.5 — OK Code / Title 10 / Section 10-7305-1.5
Renumbered as § 2-4-105 of Title 10A by Laws 2009, c
Status: in_force

234, § 186, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-2-508 — OK Code / Title 10A / Section 10A-2-2-508
Juvenile drug court program – Periodic review,
Status: in_force

progress reports and hearings.

A. The court shall make all judicial decisions concerning any

case assigned to the juvenile drug court docket or program. The

court shall require progress reports and a periodic review of each

juvenile during their period of participation in the drug court

program or for purposes of collecting costs and fees after

completion of the treatment portion of the program. Reports from

the treatment providers and the supervising staff shall be presented

to the court as specified by the treatment plan or as ordered by the

court.

B. The court may establish a regular schedule for progress

hearings for any juvenile in the drug court program. The district

attorney shall not be required to attend regular progress hearings,

but shall be required to be present upon the motion of any party to

a drug court case.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 322

C. The treatment provider, the supervising staff, the district

attorney, and the attorney for the juvenile shall be allowed access

to all information in the drug court case file of the juvenile and

all information presented to the court at any periodic review or

progress hearing.

D. 1. The court shall recognize relapses and restarts in the

program which are considered to be part of the rehabilitation and

recovery process.

2. The court shall order progressively increasing sanctions or

provide incentives, rather than removing the juvenile from the

program when relapse occurs, except when the conduct of the juvenile

requires removal from the program.

3. Any removal from the drug court program shall require notice

to the juvenile and the person responsible for the health or welfare

of the juvenile, as defined in Section 2-1-103 of this title, and

other participating parties in the case and a hearing.

4. At the hearing, if the juvenile is found to have violated

the conditions of the treatment plan and disciplinary sanctions have

been insufficient to gain compliance, the juvenile shall be removed

from the program, returned to the regular juvenile court docket and

set for redisposition.

E. Upon application of any participating party to a drug court

case, the court may modify a treatment plan at any hearing when it

is determined that the treatment is not beneficial to the juvenile.

The primary objective of the court in monitoring the progress of the

juvenile and the treatment plan shall be to keep the juvenile in

treatment for a sufficient time to change behaviors and attitudes.

Modification of the treatment plan requires a consultation with the

treatment provider, supervising staff, district attorney, and the

attorney of the juvenile in open court.

F. The court shall be authorized to modify the responsibilities

of any person responsible for the health and welfare of the

juvenile, as defined in Section 2-1-103 of this title, for

noncompliance with any condition established by the court. The

court is also authorized to sanction the person responsible for the

health and welfare of the juvenile or any adult residing with the

juvenile, for noncompliance of such person with any condition

established in the court.
Okla. Stat. tit. 10, § 10-1507.16 — OK Code / Title 10 / Section 10-1507.16
Renumbered as § 7306-2.2 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7003-3.8 — OK Code / Title 10 / Section 10-7003-3.8
Renumbered as § 1-4-502 of Title 10A by Laws 2009, c
Status: in_force

233, § 236, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1125.1 — OK Code / Title 10 / Section 10-1125.1
Renumbered as § 7005-1.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-6-106 — OK Code / Title 10A / Section 10A-2-6-106
Inspection and disclosure of Office of Juvenile
Status: in_force

Affairs records without court order.

A. The Office of Juvenile Affairs agency records pertaining to

a child which are confidential may be inspected and their contents

disclosed without a court order to the following persons upon

showing of proper credentials:

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

proceeding pursuant to this title, any judge of the district court

or tribal court to which any proceedings may be transferred;

2. Employees and officers of the court in the performance of

their duties, including but not limited to guardians ad litem

appointed by the court, and members of review boards established

pursuant to the Oklahoma Children's Code;

3. A district attorney and the employees of an office of a

district attorney in the course of their official duties pursuant to

this title or the prosecution of crimes against children, including

providing summary dispositional and placement information to the

victim of the delinquent acts of the child;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 385

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

juvenile proceeding pursuant to the provisions of this title. The

attorney representing a child or an attorney considering

representing a child in a juvenile proceeding may access other

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

this title for use in the legal representation of the child;

5. Employees of juvenile bureaus in the course of their

official duties;

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

state and employees of a child protective service of another state

or any federally recognized Indian tribe member in the course of

their official duties pertaining to investigations of a report of

known or suspected child abuse or neglect or crimes against children

or for the purpose of determining whether to place a child in

protective custody;

7. Employees of a law enforcement agency in the course of their

official duties pertaining to the investigation of a crime committed

or alleged to have been committed by a person under eighteen (18)

years of age. Records or information disclosed pursuant to this

paragraph may consist of summaries or may be limited to the

information or records necessary for the purpose of the

investigation;

8. The Oklahoma Commission on Children and Youth;

9. The Department of Human Services;

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

Office of Juvenile Affairs to diagnose, or provide care, treatment,

supervision or other services to a child who is the subject of a

report or record of delinquency, child abuse or neglect, or other

adjudicatory category, provided the Office may limit the disclosure

to summaries or to information directly necessary for the purpose of

the disclosure;

11. Any federally recognized Indian tribe or state or county

child protective services or child welfare agency providing for or

supervising the diagnosis, care, treatment, supervision or other

services provided such child;

12. The parents of the child who is the subject of any records;

13. The child upon attaining eighteen (18) years of age or upon

the termination of court jurisdiction of the case, whichever occurs

later;

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

following conditions are met:

a. the person or agency conducting the research is

employed by the State of Oklahoma or is under contract

with this state and is authorized by the Office of

Juvenile Affairs to conduct the research, and

b. the person or agency conducting the research ensures

that all documents containing identifying information

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 386

are maintained in secure locations and access to any

documents by unauthorized persons is prohibited; that

no identifying information is included in documents

generated from the research conducted; and that all

identifying information is deleted from documents used

in the research when the research is completed;

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

writing;

16. Any federal official of the United States Department of

Health and Human Services, the United States Social Security

Administration, the United States Department of Justice, the United

States Department of Homeland Security, or any employee of the

United States Probation Office;

17. Any member of the Legislature, upon the written approval of

the Speaker of the House of Representatives or the President Pro

Tempore of the Senate;

18. Employees of the Department of Corrections in the course of

their official duties; and

19. Employees of the Department of Mental Health and Substance

Abuse Services in the course of their official duties.

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

court as provided by the provisions of this section shall remain

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

purposes for which disclosure is authorized. It shall be unlawful

for any person to furnish any confidential record or disclose any

confidential information contained in any juvenile record for

commercial, political or any other unauthorized purpose. Any person

violating the provisions of this section shall, upon conviction, be

guilty of a misdemeanor.
Okla. Stat. tit. 10, § 10-7503-1.2 — OK Code / Title 10 / Section 10-7503-1.2
Written adoption full-disclosure statement -
Status: in_force

Signatures.

A. A written adoption full-disclosure statement shall be

prepared by the attorneys of record for the petitioner and birth

parents in a direct-placement adoption of a minor in this state.

Each statement shall include:

1. The name and address of the attorney;

2. A copy of Sections 865 through 869 of Title 21 of the

Oklahoma Statutes relating to child trafficking;

3. A copy of Section 7505-3.2 of Title 10 of the Oklahoma

Statutes relating to allowable adoption-related costs and expenses;

4. The scope of services provided by the attorney to, or

discussed by the attorney with, the client or clients of the

attorney including, but not limited to, services, if rendered, that

aid in:

a. coping with the particular behaviors and developmental

history of the child,

b. understanding the psychological needs of the child

that are related to the racial, ethnic, or cultural

background of the child,

c. explaining how to help the child understand adoption,

d. understanding the perspective of the birth parent,

e. coping with the loss of the child by the birth parent,

Oklahoma Statutes - Title 10. Children Page 304

f. understanding search and reunion issues,

g. information addressing open and closed adoptions, and

h. search and reunion resources;

5. A procedure for grievances; provided, that this may be a

reference to a Bar Association service for addressing fee disputes

or ethics complaints;

6. The manner by which the attorney charges fees for legal

services for an adoption, the refund policy, if any, and other

expected or anticipated related fees and expenses of the adoption;

7. A statement that customary risks associated with adoptions

involve:

a. birth parents who choose not to relinquish parental

rights or not to consent to the adoption,

b. birth parents who seek to withdraw a consent to

adoption or oppose the adoption for other reasons,

c. uncertainty or inaccurate information regarding

paternity,

d. the prenatal care or actions of the birth mother or

care or health of the child, and

e. discovery of the applicability of the federal and

Oklahoma Indian Child Welfare Acts;

8. A provision informing persons that coercion of birth parents

is prohibited;

9. A statement that an attorney in this state shall not

represent both a relinquishing or consenting parent and a

prospective adoptive parent, except in a stepparent adoption;

10. A copy of Section 7505-6.2 of Title 10 of the Oklahoma

Statutes, specifying the statutory list of items required to be

filed before the final hearing in an adoption;

11. The anticipated time frame for prosecuting a typical

uncontested adoption; and

12. Copies of the federal and Oklahoma Indian Child Welfare

Acts, found at 25 U.S.C., Sections 1901 through 1923 and Sections 40

through 40.9 of Title 10 of the Oklahoma Statutes, respectively.

B. Every adoptive parent and birth parent represented by legal

counsel in a direct-placement adoption of a minor in this state

shall:

1. Be provided by their respective attorneys an adoption full-

disclosure statement as provided for in subsection A of this

section; and

2. Read and sign the adoption full-disclosure statement

acknowledging that they have read and understand the statement.

C. The adoption full-disclosure statement signed by the

petitioner or petitioners shall be attached to the petition for

adoption filed with the court in each direct-placement adoption of a

minor in this state. As to birth parents, the signed adoption full-

disclosure statement shall be attached to the first entry of

Oklahoma Statutes - Title 10. Children Page 305

appearance or pleading filed by counsel for said party. The

information disclosed in paragraph 6 of subsection A of this section

shall also be separately stated and attached as an addendum to the

adoption full-disclosure statement and the addendum shall not

disclose the caption of the proceeding, the identities of the

parties or attorney or any other information identifying the parties

or proceeding.
Okla. Stat. tit. 10, § 10-7003-4.4 — OK Code / Title 10 / Section 10-7003-4.4
Renumbered as § 1-4-602 of Title 10A by Laws 2009, c
Status: in_force

233, § 241, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-7-612 — OK Code / Title 10A / Section 10A-2-7-612
Office of Juvenile Affairs - Sale of surplus real
Status: in_force

estate.

A. The Office of Juvenile Affairs may sell real estate owned by

the State of Oklahoma or the Office of Juvenile Affairs that is

surplus to its use under the jurisdiction of the Office of Juvenile

Affairs located within LeFlore County and situated within Talihina.

B. The Office of Juvenile Affairs shall not be subject to the

provisions of Section 129.4 of Title 74 of the Oklahoma Statutes for

the sale. All monies received from the sale of the property, except

those monies necessary to pay the expenses incurred pursuant to the

sale, shall be deposited in the Office of Juvenile Affairs Revolving

Fund 200 (“200 Fund”). Revenue derived from such real estate sale

deposited to the fund shall be utilized for the benefit of the

Office of Juvenile Affairs as necessary to perform the duties

imposed upon the Office of Juvenile Affairs by law. Such real

estate sale shall not be subject to the provisions of Section 456.7

of Title 74 of the Oklahoma Statutes.
Okla. Stat. tit. 10, § 10-552 — OK Code / Title 10 / Section 10-552
Status of child
Status: in_force

Any child or children born as the result thereof shall be

considered at law in all respects the same as a naturally conceived

legitimate child of the husband and wife so requesting and

consenting to the use of such technique.
Okla. Stat. tit. 10, § 10-1430.31 — OK Code / Title 10 / Section 10-1430.31
Prohibited acts
Status: in_force

A. No person shall willfully:

1. Fail to correct or interfere with the correction of a

violation within the time specified on the notice or approved plan

of correction pursuant to the provisions of the Group Homes for

Persons with Developmental or Physical Disabilities Act as the

maximum period given for correction, unless an extension is granted

and the corrections are made before expiration of extension;

2. Prevent, interfere with, or attempt to impede in any way the

work of any duly authorized representative of the Department of

Human Services in the investigation and enforcement of the Group

Homes for Persons with Developmental or Physical Disabilities Act;

3. Prevent or attempt to prevent any such representative from

examining any relevant books or records in the conduct of official

duties pursuant to the provisions of the Group Homes for Persons

with Developmental or Physical Disabilities Act;

4. Prevent or interfere with any such representative in the

preserving of evidence of any violation of the Group Homes for

Persons with Developmental or Physical Disabilities Act or the rules

promulgated pursuant thereto;

5. Retaliate or discriminate against any resident or employee

for contacting or providing information to any state official, or

for initiating, participating in, or testifying in an action for any

remedy authorized pursuant to the provisions of the Group Homes for

Persons with Developmental or Physical Disabilities Act;

Oklahoma Statutes - Title 10. Children Page 258

6. File any false, incomplete, or intentionally misleading

information required to be filed pursuant to the provisions of the

Group Homes for Persons with Developmental or Physical Disabilities

Act, or willfully fail or refuse to file any information required by

the Department pursuant to the provisions of the Group Homes for

Persons with Developmental or Physical Disabilities Act; or

7. Open or operate a group home without a license or a contract

for group home services with the Department of Human Services or the

Oklahoma Health Care Authority.

B. No employee of a state or unit of a local government agency

shall aid, abet, assist, conceal, or conspire with any employee of a

provider or licensee in a violation of any provision of the Group

Homes for Persons with Developmental or Physical Disabilities Act or

any rule or standard promulgated by the Commission for Human

Services pursuant to the Group Homes for Persons with Developmental

or Physical Disabilities Act.

C. Any person who violates any of the provisions of the Group

Homes for Persons with Developmental or Physical Disabilities Act,

upon conviction, shall be guilty of a misdemeanor. Each day upon

which such violation occurs shall constitute a separate violation.
Okla. Stat. tit. 10, § 10-1505 — OK Code / Title 10 / Section 10-1505
Employment of persons to provide juvenile officer or
Status: in_force

assistant juvenile officer services in certain counties.

A. 1. As provided by this subsection, the presiding or

associate district judge or other judge with juvenile or deprived

child docket responsibilities, with the approval of the county

commissioners, may employ a juvenile officer or an assistant

juvenile officer or contract with a court-appointed special advocate

program to provide juvenile officer or assistant juvenile officer

services.

2. In counties having a population in excess of twenty-four

thousand (24,000), the presiding or associate district judge, with

the approval of the county commissioners, may:

a. employ one juvenile officer for the respective county,

or

b. contract with a court-appointed special advocate

program to provide such services.

3. In counties having a population in excess of forty thousand

(40,000), the presiding or associate district judge, with the

approval of the county commissioners, may:

a. employ one juvenile officer and one assistant juvenile

officer for the respective county, or

b. contract with a court-appointed special advocate

program to provide such services.

B. 1. If employed:

a. the salary of the juvenile officer shall be not less

than sixty percent (60%) nor more than ninety percent

(90%) of Class A officers of the county, and

b. the salary of the assistant juvenile officer shall be

not less than sixty percent (60%) nor more than eighty

percent (80%) of Class A officers of the county. Such

salaries shall be paid from county funds.

2. The juvenile officer and assistant juvenile officer shall be

entitled to reimbursement for all traveling expenses incurred in the

performance of official duties. Such expenses shall be paid upon

sworn itemized claims. When transportation involves the use of the

private automobile of the juvenile officer or assistant juvenile

officer, such officer shall be entitled to claim reimbursement for

use thereof at the rate provided for state employees under the State

Travel Reimbursement Act. Such reimbursement shall be from county

funds.

C. 1. If the county contracts with a court-appointed special

advocate program:

Oklahoma Statutes - Title 10. Children Page 266

a. the county may allow program employees to participate

in all county employee benefit programs including, but

not limited to, health care plans, and

b. the county may provide adequate office space for the

court-appointed special advocate program.

2. Participation in any county benefit program or the provision

of office space shall be included in the contract with the court-

appointed special advocate program.

D. Any juvenile officer and assistant juvenile officer shall

serve at the pleasure of the court.

E. For purposes of this section, a court-appointed special

advocate program means a program as defined by Section 7001-1.3 of

this title.Oklahoma Statutes - Title 10. Children Page 12
Okla. Stat. tit. 10, § 10-404.2 — OK Code / Title 10 / Section 10-404.2
Demarion’s Law – Short title
Status: in_force

This act shall be known and may be cited as “Demarion’s Law”.
Okla. Stat. tit. 10, § 10-1160.2 — OK Code / Title 10 / Section 10-1160.2
Renumbered as § 7302-9.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-175.12 — OK Code / Title 10 / Section 10-175.12
Oklahoma Children's Hospital
Status: in_force

A. The Oklahoma Children's Hospital including its clinics and

laboratories is hereby designated as a service institution for

persons under twenty-one (21) years of age and shall have the

authority to extend services to persons twenty-one (21) years or

older. The Oklahoma Children's Hospital shall also serve as a

teaching and training hospital for the School of Medicine of the

University of Oklahoma.

B. The University Hospitals Authority shall be obligated,

insofar as practicable, to use the available facilities of the

Oklahoma Children's Hospital to a degree that will enable the

University of Oklahoma School of Medicine to maintain its proper

patient ratio for accreditation; provided, that this provision shall

not cause undue hardship to a patient.
Okla. Stat. tit. 10, § 10-601.3 — OK Code / Title 10 / Section 10-601.3
Oklahoma Commission on Children and Youth - Duties
Status: in_force

The Oklahoma Commission on Children and Youth is hereby

authorized and directed to:

1. Establish and maintain the Office of Planning and

Coordination for Services to Children and Youth;

2. Establish and maintain the Office of Juvenile System

Oversight;

3. Designate community partnership districts for services to

children and youth and, within the limitations of available funds,

whether appropriated or otherwise available, provide staff,

technical assistance and other assistance as necessary and

appropriate to the district boards;

4. Establish services for the children of incarcerated parents.

Duties designed to improve the lives of children of incarcerated

parents shall include:

a. coordinating research,

b. collecting data,

c. creating a resource clearinghouse,

d. developing an educational toolkit describing services

available to children of incarcerated parents, and

e. coordinating an advisory committee to work

collaboratively with agencies and service providers to

better meet the needs and improve the quality of life

for children of incarcerated parents; and

5. Conduct or otherwise provide continuing professional

education and training for the purposes of improving services to

children.
Okla. Stat. tit. 10, § 10-600 — OK Code / Title 10 / Section 10-600
Definitions
Status: in_force

As used in Sections 601.1 through 601.14 of this title:

1. “Children and youth service system” means health, mental

health, social, rehabilitative assistance and educational services

provided to children and youth by and through the courts and public

and private agencies;

2. “Client” means a child or a family member of a child who is

receiving services through the children and youth service system;

3. “Commission” means the Oklahoma Commission on Children and

Youth;

4. “Homeless children and youth” means a person twenty-one (21)

years of age or younger who is:

a. unaccompanied by a parent or guardian, and

b. without shelter where appropriate care and supervision

are available, or

c. without a parent or guardian who is willing and able

to provide shelter and care, or

d. without a fixed, regular, or adequate nighttime

residence. For the purposes of this paragraph,

“fixed, regular, or adequate nighttime residence”

shall not include a supervised publicly or privately

operated shelter or institution designed to provide

temporary living accommodations, transitional housing

arrangements, living in hotels, temporary living

arrangements with other people but without an

opportunity for permanent residence or a residential

lease, or a public or private place not designed for,

nor ordinarily used as, a regular sleeping

accommodation for human beings;

5. “State Plan for Services to Children and Youth” means the

planning document required by Section 601.6a of this title; and

Oklahoma Statutes - Title 10. Children Page 143

6. “Youth at risk of homelessness” means a person twenty-one

(21) years of age or younger whose status or circumstances indicate

a significant danger of experiencing homelessness in the near

future, including but not limited to youth exiting out-of-home

placements, youth who previously were homeless, youth whose parents

or guardians are or were previously homeless, youth who are exposed

to abuse and neglect in their homes, and youth who experience

excessive conflict with their parents.
Okla. Stat. tit. 10, § 10-116 — OK Code / Title 10 / Section 10-116
County probation officer - Counties having population of
Status: in_force

190,000 or more and city of 100,000 or more.

In each county of this state having a population of one hundred

ninety thousand (190,000) or more and containing a city of one

hundred thousand (100,000) population or more, as shown by the last

Federal Decennial Census or any future Federal Decennial Census,

there is hereby created the office of probation officer, who shall

be a county officer charged with the supervision and care of the

parolees of such county, and who shall maintain an office in the

county building of that county.
Okla. Stat. tit. 10, § 10-441 — OK Code / Title 10 / Section 10-441
Termination of act
Status: in_force

This act shall terminate upon removal of any federal funds to be

used in administering the program.
Okla. Stat. tit. 10, § 10-1150.6 — OK Code / Title 10 / Section 10-1150.6
Child maltreatment medical review
Status: in_force

A. Beginning November 1, 2019, and subject to the availability

of funds, the Director of the Bureau of Vital Statistics shall,

within seventy-two (72) hours of receipt of notice of any child

death, forward the name, date of birth, date of death and other

identifying information about the child who has died to the Oklahoma

Oklahoma Statutes - Title 10. Children Page 206

Commission on Children and Youth. The Commission shall submit the

information for a child maltreatment medical review to a child abuse

examiner or a child abuse pediatrician in the state.

B. The findings of the child maltreatment medical review shall

be reported to the Oklahoma Commission on Children and Youth, the

Department of Human Services, the law enforcement agency and the

child advocacy center or child abuse multidisciplinary team where

the suspected maltreatment occurred and the Child Death Review

Board. The findings of the child maltreatment medical review shall

be considered prior to closing an investigation or assessment

conducted by the Department of Human Services related to the child

death.

C. Subject to the availability of funds, the Commission may

provide stipends to child abuse examiners who perform child

maltreatment medical reviews and report their findings pursuant to

this section.

D. As used in this section, "child maltreatment medical review"

means a review of information by a child abuse examiner about

suspected child maltreatment with the intent to determine if

maltreatment occurred. The review of information may include, but

is not limited to, information obtained from law enforcement

agencies, the Department of Human Services, medical records,

forensic interviews and other relevant information.
Okla. Stat. tit. 10A, § 10A-2-8-102 — OK Code / Title 10A / Section 10A-2-8-102
Juvenile sex offender defined
Status: in_force

As used in this act, “juvenile sex offender” means a person who

was not less than fourteen (14) years of age but who was less than

eighteen (18) years of age at the time the qualifying sex offense

was committed and who:

1. On or after July 1, 2001, was adjudicated delinquent or a

youthful offender for an action that would be an offense provided in

Section 888, 1111, 1111.1, 1114 or 1115 of Title 21 of the Oklahoma

Statutes, if committed by an adult;

2. As of July 1, 2001, is serving formal probation or

commitment to the custody of the Office of Juvenile Affairs as the

result of adjudication for an action that would be an offense

provided in Section 888, 1111, 1111.1, 1114 or 1115 of Title 21 of

the Oklahoma Statutes, if committed by an adult;

3. Was adjudicated delinquent in another state for an action

that is substantially equivalent to an offense provided in Section

888, 1111, 1111.1, 1114 or 1115 of Title 21 of the Oklahoma

Statutes, and is subject on or after July 1, 2001, to court

jurisdiction in this state pursuant to the Interstate Compact on

Juveniles; or

4. Is required to register as a juvenile sex offender in

another state for having committed a sex offense in that state

regardless of the date of the offense or its adjudication.
Okla. Stat. tit. 10, § 10-7510-3.2 — OK Code / Title 10 / Section 10-7510-3.2
Compact on Adoption and Medical Assistance
Status: in_force

This Compact on Adoption and Medical Assistance, hereinafter

called "the compact", is hereby enacted into law and entered into

with all other jurisdictions legally joining therein in the form

substantially as follows:

ARTICLE I. FINDINGS

The party states find that:

(1) In order to obtain adoptive families for children with

special needs, prospective adoptive parents must be assured of

substantial assistance (usually on a continuing basis) in meeting

the high costs of supporting and providing for the special needs and

services required by such children.

(2) The states have a fundamental interest in promoting

adoption for children with special needs because the care, emotional

stability and general support and encouragement required by such

children to surmount their physical, mental or emotional conditions

can be best, and often only, obtained in family homes with a normal

parent-child relationship.

(3) The states obtain advantages from providing adoption

assistance because the customary alternative is for the state to

defray the entire cost of meeting all the needs of such children.

(4) The special needs involved are for the emotional, physical

maintenance of the child, and medical support and services.

(5) The necessary assurance of adoption assistance for children

with special needs, in those instances where children and adoptive

parents are in states other than the one undertaking to provide the

assistance, is to establish and maintain suitable substantive

guarantees and workable procedures for interstate payments to assist

with the necessary child maintenance, procurement of services, and

medical assistance.

ARTICLE II. PURPOSES

The purposes of this compact are to:

(1) Strengthen protections for the interest of the children

with special needs on behalf of whom adoption assistance is

Oklahoma Statutes - Title 10. Children Page 389

committed to be paid, when such children are in or move to states

other than the one committed to make adoption assistance payments.

(2) Provide substantive assurances and procedures which will

promote the delivery of medical and other services on an interstate

basis to children through programs of adoption assistance

established by the laws of the party states.

ARTICLE III. DEFINITIONS

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

different construction:

(1) "Child with special needs" means a minor who has not yet

attained the age at which the state normally discontinues children's

services or twenty-one (21) years, where the state determines that

the child's mental or physical handicaps warrant the continuation of

assistance, for whom the state has determined the following:

(A) That the child cannot or should not be returned to the home

of his or her parents;

(B) That there exists with respect to the child a specific

factor or condition (such as his or her ethnic background, age, or

membership in a minority or sibling group, or the presence of

factors such as medical condition or physical, mental, or emotional

handicaps) because of which it is reasonable to conclude that such

child cannot be placed with adoptive parents without providing

adoption assistance.

(C) That, except where it would be against the best interests

of the child because of such factors as the existence of significant

emotional ties with prospective adoptive parents while in the care

of such parents as a foster child, a reasonable, but unsuccessful,

effort has been made to place the child with appropriate adoptive

parents without providing adoption assistance payments.

(2) "Adoption assistance" means the payment or payments for

maintenance of a child, which payment or payments are made or

committed to be made pursuant to the adoption assistance program

established by the laws of a party state.

(3) "State" means a state of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,

the Commonwealth of the Northern Mariana Islands, or a Territory or

Possession of the United States.

(4) "Adoption assistance state" means the state that is

signatory to an adoption assistance agreement in a particular case.

(5) "Residence state" means the state of which the child is a

resident by virtue of the residence of the adoptive parents.

(6) "Parents" means either the singular or plural of the word

"parent".

ARTICLE IV. ADOPTION ASSISTANCE

(1) Each state shall determine the amounts of adoption

assistance and other aid which it will give to children with special

needs and their adoptive parents in accordance with its own laws and

Oklahoma Statutes - Title 10. Children Page 390

programs. The adoption assistance and other aid may be made subject

to periodic re-evaluation of eligibility by the adoption assistance

state in accordance with its laws. The provisions of this article

and of Article V are subject to the limitation set forth in this

paragraph.

(2) The adoption assistance and medical assistance services and

benefits to which this compact applies are those provided to

children with special needs and their adoptive parents from the time

of the final decree of adoption or the interlocutory decree of

adoption, as the case may be, pursuant to the laws of the adoptive

assistance state. In addition to the content required by subsequent

provisions of this article for adoption assistance agreements, each

such agreement shall state whether the initial adoption assistance

period thereunder begins with the final or interlocutory decree of

adoption. Aid provided by party states to children with special

needs during the preadoptive placement period or earlier shall be

under the foster care or other programs of the states and, except as

provided in paragraph 3 of this article, shall not be governed by

the provisions of this compact.

(3) Every case of adoption assistance shall include an adoption

assistance agreement between the adoptive parents and the agency of

the state undertaking to provide the adoption assistance. Every such

agreement shall contain provisions for the fixing of actual or

potential interstate aspects of the adoption assistance, as follows:

(A) An express commitment that the adoption assistance shall be

payable without regard for the state of residence of the adoptive

parents, both at the outset of the agreement period and at all times

during its continuance.

(B) A provision setting forth with particularity the types of

child care and services toward which the adoption assistance state

will make payments.

(C) A commitment to make medical assistance available to the

child in accordance with Article V of this compact.

(D) An express declaration that the agreement is for the

benefit of the child, the adoptive parents and the state and that it

is enforceable by any or all of them.

(4) Any services or benefits provided by the residence state

and the adoption assistance state for a child may be facilitated by

the party states on each other's behalf. To this end, the personnel

of the child welfare agencies of the party states will assist each

other and beneficiaries of adoption assistance agreements with other

party states in implementing benefits expressly included in adoption

assistance agreements. However, it is recognized and agreed that in

general children to whom adoption assistance agreements apply are

eligible for benefits under the child welfare, education,

rehabilitation, mental health and other programs of their state of

residence on the same basis as other resident children.

Oklahoma Statutes - Title 10. Children Page 391

(5) Adoption assistance payments, when made on behalf of a

child who is subject to the jurisdiction of this state but residing

in another state, shall be made on the same basis and in the same

amounts as they would be made if the child were residing in this

state; provided, however, adoption assistance agreements with

families residing in other states signed before October 1, 2009, may

be continued.

(6) Effective July 1, 2010, for good cause shown, the Director

of the Department of Human Services or designee may approve adoption

assistance payments on behalf of a child subject to the jurisdiction

of this state but residing in another state, up to the maximum

foster care reimbursement allowable in the state of residence.

ARTICLE V. MEDICAL ASSISTANCE

(1) Children for whom a party state is committed in accordance

with the terms of an adoption assistance agreement to make adoption

assistance payments are eligible for medical assistance during the

entire period for which such payments are to be provided. Upon

application therefor by the adoptive parents of a child on whose

behalf a party state's duly constituted authorities have entered

into an adoption assistance agreement, the adoptive parents shall

receive a medical assistance identification made out in the child's

name. The identification shall be issued by the medical assistance

program of the residence state and shall entitle the child to the

same benefits, pursuant to the same procedures, as any other child

who is a resident of the state and covered by medical assistance,

whether or not the adoptive parents are eligible for medical

assistance.

(2) The identification shall bear no indication that an

adoption assistance agreement with another state is the basis for

issuance. However, if the identification is issued on account of an

outstanding adoption assistance agreement to which another state is

a signatory, the records of the issuing state and the adoption

assistance state shall show the fact, shall contain a copy of the

adoption assistance agreement and any amendment or replacement

therefor, and all other pertinent information. The adoption

assistance and medical assistance programs of the adoption

assistance state shall be notified of the identification issuance.

(3) A state which has issued a medical assistance

identification pursuant to this compact, which identification is

valid and currently in force, shall accept, process and pay medical

assistance claims thereon as on any other medical assistance

eligibilities of residents.

(4) An adoption assistance state which provides medical

services or benefits to children covered by its adoption assistance

agreements, which services or benefits are not provided for those

children under the medical assistance program of the residence

state, may enter into cooperative arrangements with the residence

Oklahoma Statutes - Title 10. Children Page 392

state to facilitate the delivery and administration of such services

and benefits. However, any such arrangements shall not be

inconsistent with this compact nor shall they relieve the residence

state of any obligation to provide medical assistance in accordance

with its laws and this compact.

(5) A child whose residence is changed from one party state to

another party state shall be eligible for medical assistance under

the medical assistance program of the new state of residence.

ARTICLE VI. JOINDER AND WITHDRAWAL

(1) This compact shall be open to joinder by any state. It

shall enter into force as to a state when its duly constituted and

empowered authority has executed it.

(2) In order that the provisions of this compact may be

accessible to and known by the general public and so that its status

as law in each of the party states may be fully implemented, the

full text of the compact, together with a notice of its execution,

shall be caused to be published by the authority which has executed

it in each party state. Copies of the compact shall be made

available upon request made of the executing authority in any state.

(3) Withdrawal from this compact shall be by written notice

sent by the authority which executed it to the appropriate officials

of all other party states, but no such notice shall take effect

until one (1) year after it is given in accordance with the

requirements of this paragraph.

(4) All adoption assistance agreements outstanding and to which

a party state is signatory at the time when its withdrawal from this

compact takes effect shall continue to have the effects given to

them pursuant to this compact, until they expire or are terminated

in accordance with their provisions. Until such expiration or

termination, all beneficiaries of the agreements involved shall

continue to have all rights and obligations conferred or imposed by

this compact and the withdrawing state shall continue to administer

the compact to the extent necessary to accord and implement fully

the rights and protections preserved thereby.
Okla. Stat. tit. 10, § 10-60.5B — OK Code / Title 10 / Section 10-60.5B
Renumbered as § 7504-1.1 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10A, § 10A-2-10-101 — OK Code / Title 10A / Section 10A-2-10-101
Oklahoma Mentoring Children of Incarcerated Parents
Status: in_force

Program - Purpose.

A. The Oklahoma Commission on Children and Youth shall

establish the Oklahoma Mentoring Children of Incarcerated Parents

Program.

B. The purpose of the Oklahoma Mentoring Children of

Incarcerated Parents Program is to provide effective intervention

services through one-to-one mentoring relationships to children of

incarcerated parents who either:

1. Are in the custody of the Office of Juvenile Affairs and

currently placed outside the home; or

2. Have been identified by the Office of Juvenile Affairs as at

risk of becoming involved in the juvenile justice system.
Okla. Stat. tit. 10A, § 10A-2-5-209A — OK Code / Title 10A / Section 10A-2-5-209A
Youthful offender review hearing - Extended
Status: in_force

jurisdiction.

A. The court shall schedule a youthful offender review hearing

no less than every six (6) months. Additional review hearings may

be scheduled upon the motion of the court or for good cause shown at

the request of the youthful offender's attorney, the district

attorney, or the Office of Juvenile Affairs. Notice shall be given

to the youthful offender, the counsel, parent or guardian of the

youthful offender, the district attorney, and the Office of Juvenile

Affairs at the time the motion for review is made or filed. At the

review hearing, the court may:

1. Extend the jurisdiction of the court, and the Office of

Juvenile Affairs, as specified in subsection B and C of this

section;

2. Order a community-placed youthful offender, if less than

eighteen (18) years of age, into a sanctions program operated or

contracted by the Office of Juvenile Affairs, if available, if the

court determines the youthful offender has failed to comply with the

rehabilitation plan;

3. Revoke the youthful offender's community placement and place

the youthful offender in the custody of the Office of Juvenile

Affairs if such offender is less than eighteen (18) years of age, if

the court determines the youthful offender has substantially failed

to comply with the rehabilitation plan;

4. Discharge the youthful offender from the supervision or

custody of the Office of Juvenile Affairs without a court judgment

of guilt and dismiss the case; or

5. Transfer the youthful offender from the supervision or

custody of the Office of Juvenile Affairs to the Department of

Corrections pursuant to the provisions of paragraph 2 of subsection

A of Section 10 of this act.

B. The court shall hold a hearing thirty (30) days prior to the

youthful offender's eighteenth birthday, if the sentence has not

expired, or the youthful offender has not been transferred to the

custody or supervision of the Department of Corrections. At the

hearing, the court shall make one of the following determinations

to:

1. Extend the custody or supervision of Office of Juvenile

Affairs, to continue the youthful offender's rehabilitation plan;

2. Discharge the adjudication without a court judgment of guilt

and dismiss the case; or

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 367

3. Transfer the youthful offender into the custody or

supervision of the Department of Corrections pursuant to paragraph 2

of subsection A of Section 10 of this act. The sentence imposed by

the court on a youthful offender who is transferred to the custody

or supervision of the Department of Corrections shall not exceed the

maximum term of the original sentence.

C. The court shall hold a hearing thirty (30) days prior to the

youthful offender attaining the age of eighteen (18) years and six

(6) months, if the sentence has not expired, or the youthful

offender has not been transferred to the custody or supervision of

the Department of Corrections. At the hearing, the court shall make

one of the following determinations:

1. At the recommendation of the Office of Juvenile Affairs, the

court may extend the youthful offender's custody or supervision to

the age of nineteen (19) to allow him or her to complete the

reintegration phase of the treatment program or community

supervision. During this extension, the youthful offender may be

transferred to the Department of Corrections pursuant to paragraph 2

of subsection A of Section 10 of this act;

2. Discharge the adjudication without a court judgement of

guilt and dismiss the case; or

3. Transfer the youthful offender into the custody or

supervision of the Department of Corrections pursuant to paragraph 2

of subsection A of Section 10 of this act. The sentence imposed by

the court on a youthful offender who is transferred to the custody

or supervision of the Department of Corrections shall not exceed the

maximum term of the original sentence.

D. If the court has extended jurisdiction of the youthful

offender until nineteen (19) years of age, the youthful offender

shall remain in the supervision or custody of the Office of Juvenile

Affairs until he or she has been discharged or sentenced by the

court or until his or her nineteenth birthday, at which time the

youthful offender will be returned to the court for final

disposition. The court shall have the same dispositional options as

provided in paragraphs 2 and 3 of subsection B of this section. Any

Motion to Transfer Custody to Department of Corrections shall be

filed prior to the youthful offender's nineteenth birthday;

provided, however, the hearing may occur after the nineteenth

birthday to allow the youthful offender the latest possible time to

be in compliance.

E. The Office of Juvenile Affairs may make recommendations to

the court concerning the disposition of any youthful offender placed

in the supervision or custody of the Office of Juvenile Affairs.

F. Any order issued by the sentencing court under subsection B,

C, or D of this section shall be a final order, appealable when

entered to the Court of Criminal Appeals.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 368

G. 1. If authorized by the court, any hearing may be conducted

as a virtual hearing or through telephonic communications.

2. For purposes of this subsection:

a. "telephonic communication" means participation by

interactive telephonic communication which permits

auditory communication between the court, the youthful

offender, and all necessary participants, and

b. "virtual hearing" means a hearing held where

participation is accomplished in whole or in part

using a computer program which permits both visual and

auditory communication between the court, the youthful

offender, and all necessary participants.
Okla. Stat. tit. 10, § 10-60.18 — OK Code / Title 10 / Section 10-60.18
Renumbered as § 7505-6.6 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10A, § 10A-2-2-403 — OK Code / Title 10A / Section 10A-2-2-403
Preliminary hearing
Status: in_force

A. Except as otherwise provided by law, if a child is charged

with a delinquent act as a result of an offense which would be a

felony if committed by an adult, the court on its own motion or at

the request of the district attorney shall conduct a preliminary

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 302

hearing to determine whether or not there is prosecutive merit to

the complaint. If the court finds that prosecutive merit exists, it

shall continue the hearing for a sufficient period of time to

conduct an investigation and further hearing to determine if the

child should be held accountable for acts of the child as if the

child were an adult if the child should be found to have committed

the alleged act or omission.

Consideration shall be given to:

1. The seriousness of the alleged offense to the community, and

whether the alleged offense was committed in an aggressive, violent,

premeditated or willful manner;

2. Whether the offense was against persons or property, greater

weight being given to transferring the accused person to the adult

criminal justice system for offenses against persons and, if

personal injury resulted, the degree of personal injury;

3. The sophistication and maturity of the juvenile and

capability of the juvenile of distinguishing right from wrong as

determined by consideration of a psychological evaluation of the

juvenile, home, environmental situation, emotional attitude and

pattern of living;

4. The record and previous history of the accused person,

including previous contacts with community agencies, law enforcement

agencies, schools, juvenile or criminal courts and other

jurisdictions, prior periods of probation or prior commitments to

juvenile institutions;

5. The prospects for adequate protection of the public;

6. The likelihood of reasonable rehabilitation of the juvenile

if the juvenile is found to have committed the alleged offense, by

the use of procedures and facilities currently available to the

juvenile court; and

7. Whether the offense occurred while the juvenile was escaping

or in an escape status from an institution for delinquent children.

After the investigation and hearing, the court may in its

discretion proceed with the juvenile proceeding, or it shall state

its reasons in writing and shall certify, based on clear and

convincing evidence, that the child shall be held accountable for

acts of the child as if the child were an adult and shall be held

for proper criminal proceedings for the specific offense charged, by

any other division of the court which would have trial jurisdiction

of the offense if committed by an adult. The juvenile proceeding

shall not be dismissed until the criminal proceeding has commenced

and if no criminal proceeding commences within thirty (30) days of

the date of the certification, unless stayed pending appeal, the

court shall proceed with the juvenile proceeding and the

certification shall lapse.

If not included in the original summons, notice of a hearing to

consider whether a child should be certified for trial as an adult

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 303

shall be given to all persons who are required to be served with a

summons at the commencement of a juvenile proceeding, but

publication in a newspaper when the address of a person is unknown

is not required. The purpose of the hearing shall be clearly stated

in the notice.

B. Prior to the entry of any order of certification, any child

in custody shall have the same right to be released upon bail as

would an adult under the same circumstances. Subsequent to the

entry of an order that a child stand trial as an adult, the child

shall have all the statutory and constitutional rights and

protections of an adult accused of a crime. Upon conviction, the

juvenile may be incarcerated in an adult jail, adult lockup, adult

detention facility or other adult facility if that facility is

licensed by the State Department of Health to detain children under

eighteen (18) years of age while the person is awaiting housing by

the Department of Corrections. If, prior to the entry of any order

of certification, the child becomes eighteen (18) years of age, the

child may be detained in a county jail or released on bail. If a

child is certified to stand trial as an adult, the court shall make

every effort to avoid duplication of the adult preliminary hearing

and the prosecutorial hearing in the juvenile certification process.

The parties may jointly stipulate to the court that the record for

the prosecutorial merit hearing in the juvenile proceeding be used

for all or part of the preliminary hearing.

C. Any child who has been certified to stand trial as an adult

pursuant to any order entered by any competent court of this state

or any other state shall be tried as an adult in all subsequent

criminal prosecutions, and shall not be subject to the jurisdiction

of the juvenile court or be eligible to be tried as a youthful

offender in any further proceedings.

D. An order either certifying a person as a child or an adult

pursuant to subsection A of this section or denying such

certification shall be a final order, appealable when entered and

shall not be modified.
Okla. Stat. tit. 10, § 10-40.9 — OK Code / Title 10 / Section 10-40.9
Records
Status: in_force

The Department of Human Services shall establish a single

location where all records of every involuntary foster care, pre-

adoptive placement and adoptive placement by the courts of any

Indian child in the custody of the Department of Human Services or

under Department of Human Services supervision will be available

within seven (7) days of a request by the tribe of the Indian child

or by the Secretary of Interior. The records shall include, but not

be limited to, all reports of the state caseworker, including a

summary of the efforts to rehabilitate the parents of the Indian

child, a list of the names and addresses of families and tribally

approved homes contacted regarding placement, and a statement of

reason for the final placement decision.
Okla. Stat. tit. 10, § 10-7107 — OK Code / Title 10 / Section 10-7107
Renumbered as § 1-6-107 of Title 10A by Laws 2009, c
Status: in_force

233, § 273, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7105 — OK Code / Title 10 / Section 10-7105
Renumbered as § 1-2-104 of Title 10A by Laws 2009, c
Status: in_force

233, § 215, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-60.20 — OK Code / Title 10 / Section 10-60.20
Renumbered as § 7502-1.4 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7700-631 — OK Code / Title 10 / Section 10-7700-631
Rules for adjudication of paternity
Status: in_force

The court shall apply the following rules to adjudicate the

paternity of a child:

1. The paternity of a child having a presumed, acknowledged, or

adjudicated father may be disproved only by admissible results of

genetic testing excluding that man as the father of the child or

identifying another man as the father of the child;

2. Unless the results of genetic testing are admitted to rebut

other results of genetic testing, a man identified as the father of

a child under Section 27 of this act shall be adjudicated the father

of the child;

3. If the court finds that genetic testing under Section 27 of

this act neither identifies nor excludes a man as the father of a

child, the court may not dismiss the proceeding. In that event, the

results of genetic testing, and other evidence, are admissible to

adjudicate the issue of paternity; and

4. Unless the results of genetic testing are admitted to rebut

other results of genetic testing, a man excluded as the father of a

child by genetic testing shall be adjudicated not to be the father

of the child.
Okla. Stat. tit. 10, § 10-418 — OK Code / Title 10 / Section 10-418
Authority to obtain evidence - Administration of oaths
Status: in_force

When conducting investigations of complaints as provided in this

article, the Department of Public Welfare shall have the power to

summon any person to appear and produce such books and papers as

shall be designated in the summons, and to give testimony under oath

concerning the matter and institution under investigation. The

Department shall have the power to administer oaths to such persons

as may be summoned and to enforce all such powers as are given to

notaries public when they are taking depositions.
Okla. Stat. tit. 10, § 10-1421 — OK Code / Title 10 / Section 10-1421
Purchase of school busses
Status: in_force

Whenever the Oklahoma Public Welfare Commission shall determine

that a school bus is needed for educational, training or treatment

purposes at an institution under the jurisdiction of the Department

of Public Welfare, it may authorize the purchase of such bus from

funds available for the payment of operating expenses of the

institution.
Okla. Stat. tit. 10, § 10-1126 — OK Code / Title 10 / Section 10-1126
Renumbered as § 7003-8.6 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-601.42 — OK Code / Title 10 / Section 10-601.42
Definitions
Status: in_force

As used in the Act for Coordination of Special Services to

Children and Youth, Section 601.41 et seq. of this title:

1. "Committee" means the Joint Legislative Committee for Review

of Special Services to Children and Youth;

2. "Commission" means the Commission on Children and Youth;

3. "Coordinating Council" means the Interagency Coordinating

Council for Special Services to Children and Youth appointed

pursuant to Section 601.45 of this title;

Oklahoma Statutes - Title 10. Children Page 158

4. "Eligible population" means children and youth three (3) to

twenty-one (21) years of age who are identified as eligible for

related services pursuant to an IEP;

5. "IEP" means an Individualized Education Program developed in

accordance with the Education of All Handicapped Children Act of

1975, P.L. No. 94-142, as amended;

6. "Local education agency" means a dependent, independent, or

area school district or other entity so defined by the Code of

Federal Regulations, 34 C.F.R. Section 300.8;

7. "Related services" means services so defined by 34 C.F.R.

Section 300.13;

8. "Special services population" means children and youth who

are not part of the eligible population as defined herein but who

are being served by or are eligible to be served by a school

district pursuant to subsection B, C, D, E, F, or G of Section 1-113

of Title 70 of the Oklahoma Statutes or subsection D, E, or F of

Section 18-110 of Title 70 of the Oklahoma Statutes; and

9. "State Plan" means the State Plan for Special Education and

Special Student Service Coordination and Assistance developed

pursuant to Section 601.46 of this title.
Okla. Stat. tit. 10, § 10-7003-4.5 — OK Code / Title 10 / Section 10-7003-4.5
Renumbered as § 1-4-603 of Title 10A by Laws 2009, c
Status: in_force

233, § 242, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1149 — OK Code / Title 10 / Section 10-1149
Renumbered as § 650.8 of Title 21 by Laws 1995, c. 352, §
Status: in_force

200, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-1430.37 — OK Code / Title 10 / Section 10-1430.37
Expenses of receiver - Insufficient funds -
Status: in_force

Compensation of receiver.

A. If funds are insufficient to meet the expenses of performing

the powers and duties conferred on the receiver appointed pursuant

to the Group Homes for Persons with Developmental or Physical

Disabilities Act, or if there are insufficient funds on hand to meet

those expenses, the Department of Human Services may reimburse the

receiver for those expenses from funds available.

B. The court shall set the compensation of the receiver, which

shall be considered a necessary expense of a receivership.
Okla. Stat. tit. 10, § 10-7003-4.7 — OK Code / Title 10 / Section 10-7003-4.7
Renumbered as § 1-4-902 of Title 10A by Laws 2009, c
Status: in_force

233, § 262, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7302-7.3 — OK Code / Title 10 / Section 10-7302-7.3
Renumbered as § 2-7-703 of Title 10A by Laws 2009, c
Status: in_force

234, § 175, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7308-1.12 — OK Code / Title 10 / Section 10-7308-1.12
Renumbered as § 2-8-111 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 191, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-60.4 — OK Code / Title 10 / Section 10-60.4
Renumbered as § 7502-1.2 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-60.56 — OK Code / Title 10 / Section 10-60.56
Renumbered as § 7511-1.5 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7303-5.3 — OK Code / Title 10 / Section 10-7303-5.3
Renumbered as § 2-2-503 of Title 10A by Laws 2009, c
Status: in_force

234, § 181, emerg. eff. May 21, 2009.