Okla. Stat. tit. 10, § 10-1430.27 — OK Code / Title 10 / Section 10-1430.27
Inspection, investigation, survey or evaluation of
Status: in_force

group home.

A. Every group home shall be inspected at least annually by a

duly appointed representative of the Department of Human Services

pursuant to rules promulgated by the Director of Human Services.

Oklahoma Statutes - Title 10. Children Page 256

B. The Department shall at least annually and whenever it deems

necessary inspect, survey, and evaluate each group home to determine

compliance with applicable licensure and program requirements and

standards.

C. Any inspection, investigation, survey, or evaluation may be

conducted without prior notice to the home. At least one inspection

per group home shall be unannounced. Any licensee or applicant for

a license shall be deemed to have given consent to any duly

authorized employee or agent of the Department to enter and inspect

the group home in accordance with the provisions of the Group Homes

for Persons with Developmental or Physical Disabilities Act.

Refusal to permit such entry or inspection may constitute grounds

for the denial, nonrenewal, suspension, or revocation of a license.

D. The Department shall maintain a log, updated at least

monthly and available for public inspection, which shall at a

minimum detail:

1. The name of the group home and date of inspection,

investigation, survey, or evaluation;

2. Any deficiencies, lack of compliance, or violation noted at

the inspection, investigation, survey, or evaluation;

3. The date a notice of violation, license denial, nonrenewal,

suspension, or revocation was issued or other enforcement action

occurred;

4. Proposed dates for the resolution of deficiencies;

5. The date corrections were completed, as verified by an

inspection; and

6. If the inspection or investigation was made pursuant to the

receipt of a complaint, the date such complaint was received and the

date the group home was notified of the results of the inspection or

investigation.

E. The Department shall require periodic reports and shall have

access to books, records, and other documents maintained by the

group home to the extent necessary to implement the provisions of

the Group Homes for Persons with Developmental or Physical

Disabilities Act and the rules promulgated by the Director pursuant

thereto.

F. Any representative of the Office of the State Long-Term Care

Ombudsman within the Office of the Attorney General or a

representative of the Office of Client Advocacy within the State

Department of Health having proper identification is authorized to

enter any group home licensed pursuant to the provisions of the

Group Homes for Persons with Developmental or Physical Disabilities

Act, communicate privately and without unreasonable restriction with

any resident of a group home who consents to such communication, to

seek consent to communicate privately and without restriction with

any resident of a group home, and to observe all areas of a group

Oklahoma Statutes - Title 10. Children Page 257

home that directly pertain to the care of a resident of a group

home.

G. All state agencies receiving complaints on, or conducting

surveys or inspections of, group homes shall forward complete copies

of complaints or inspection or survey results to the Office of

Client Advocacy.
Okla. Stat. tit. 10, § 10-7303-8.6 — OK Code / Title 10 / Section 10-7303-8.6
Renumbered as § 2-2-805 of Title 10A by Laws 2009, c
Status: in_force

234, § 184, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 10. Children Page 292
Okla. Stat. tit. 10A, § 10A-1-3-102 — OK Code / Title 10A / Section 10A-1-3-102
Medical care and treatment – Definitions –
Status: in_force

Authorization and consent.

A. For purposes of this section:

1. “Routine and ordinary medical care and treatment” includes

any necessary medical and dental examinations and treatment, medical

screenings, clinical laboratory tests, blood testing, preventative

care, health assessments, physical examinations, immunizations,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 68

contagious or infectious disease screenings or tests and care

required for treatment of illness and injury, including x-rays,

stitches and casts, or the provision of psychotropic medications but

does not include any type of extraordinary care; and

2. “Extraordinary medical care and treatment” includes, but is

not limited to, surgery, general anesthesia, blood transfusions, or

invasive or experimental procedures.

B. If a child taken into protective custody without a court

order requires emergency medical care prior to the emergency custody

hearing, and either the treatment is related to the suspected abuse

or neglect or the parent or legal guardian is unavailable or

unwilling to consent to treatment recommended by a physician, a

peace officer, court employee or the court may authorize such

treatment as is necessary to safeguard the health or life of the

child. Before a peace officer, court employee or the court

authorizes treatment based on unavailability of the parent or legal

guardian, law enforcement shall exercise diligence in locating the

parent or guardian, if known.

C. 1. If a child has been placed in the custody of the

Department of Human Services, the Department shall have the

authority to consent to routine and ordinary medical care and

treatment. The Department shall make reasonable attempts to notify

the child’s parent or legal guardian of the provision of routine and

ordinary medical care and treatment and to keep the parent or legal

guardian involved in such care.

2. In no case shall the Department consent to a child’s

abortion, sterilization, termination of life support or a “Do Not

Resuscitate” order. The court may authorize the withdrawal of life-

sustaining medical treatment or the denial of the administration of

cardiopulmonary resuscitation on behalf of a child in the

Department’s custody upon the written recommendation of a licensed

physician, after notice to the parties and a hearing.

3. Nothing herein shall prevent the Department from

authorizing, in writing, any person, foster parent or administrator

of a facility into whose care a child in its custody has been

entrusted, to consent to routine and ordinary medical care and

treatment to be rendered to a child upon the advice of a licensed

physician, including the continuation of psychotropic medication.

D. Consent for a child’s extraordinary medical care and

treatment shall be obtained from the parent or legal guardian unless

the treatment is either related to the abuse or neglect or the

parent or legal guardian is unavailable or refuses to consent to

such care, in which case in an emergency, based upon recommendation

of a physician, the court may enter an ex parte order authorizing

such treatment or procedure in order to safeguard the child’s health

or life. If the recommended extraordinary medical care and

treatment is not an emergency, the court shall hold a hearing, upon

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 69

application by the district attorney and notice to all parties, and

may authorize such recommended extraordinary care.

E. If a child has been placed in the custody of a person, other

than a parent or legal guardian, or an institution or agency other

than the Department, the court shall determine the authority of the

person, institution, or agency to consent to medical care including

routine and ordinary medical care and treatment and extraordinary

care. The parent, legal guardian, or person having legal custody

shall be responsible for the costs of medical care as determined by

the court.
Okla. Stat. tit. 10, § 10-7306-2.11 — OK Code / Title 10 / Section 10-7306-2.11
Renumbered as § 2-5-212 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 188, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-9-119 — OK Code / Title 10A / Section 10A-1-9-119
Statement of foster parent's rights
Status: in_force

A. A statement of foster parent’s rights shall be given to

every foster parent annually and shall include, but not be limited

to, the right to:

1. Be treated with dignity, respect, and consideration as a

professional member of the child welfare team;

2. Be notified of and be given appropriate, ongoing education

and continuing education and training to develop and enhance foster

parenting skills;

3. Be informed about ways to contact the state agency or the

child-placing agency in order to receive information and assistance

to access supportive services for any child in the foster parent’s

care;

4. Receive timely financial reimbursement for providing foster

care services;

5. Be notified of any costs or expenses for which the foster

parent may be eligible for reimbursement;

6. Be provided a clear, written explanation of the individual

treatment and service plan concerning the child in the foster

parent’s home, listing components of the plan pursuant to the

provisions of the Oklahoma Children’s Code;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 251

7. Receive, at any time during which a child is placed with the

foster parent, additional or necessary information that is relevant

to the care of the child;

8. Be notified of scheduled review meetings, permanency

planning meetings, family team meetings and special staffing

concerns for any foster child placed in the foster parent’s home in

order to actively participate in the case planning and decision-

making process regarding the child;

9. Provide input concerning the plan of services for the child

and to have that input be given full consideration in the same

manner as information presented by any other professional on the

team;

10. Communicate with other foster parents in order to share

information regarding the foster child. In particular, receive any

information concerning the number of times a foster child has been

moved and the reasons why, and the names and telephone numbers of

the previous foster parent if the previous foster parent has

authorized such release;

11. Communicate with other professionals who work with the

foster child within the context of the team including, but not

limited to, therapists, physicians, and teachers;

12. Be given, in a timely and consistent manner, any

information regarding the child and the child’s family which is

pertinent to the care and needs of the child and to the making of a

permanency plan for the child. Disclosure of information shall be

limited to that information which is authorized by the provisions of

Chapter 6 of the Oklahoma Children’s Code for foster parents;

13. Be given reasonable notice of any change in or addition to

the services provided to the child pursuant to the child’s

individual treatment and service plan;

14. a. Be given written notice of:

(1) plans to terminate the placement of the child

with the foster parent pursuant to Section 1-4-

805 of this title, and

(2) the reasons for the changes or termination in

placement.

b. The notice shall be waived only in emergency cases

pursuant to Section 1-4-805 of this title;

15. Be notified by the applicable state agency in a timely and

complete manner of all court hearings, including notice of the date

and time of any court hearing, the name of the judge or hearing

officer hearing the case, the location of the hearing, and the court

docket number of the case;

16. Be informed of decisions made by the court, the state

agency or the child-placing agency concerning the child;

17. Be considered as a preferred placement option when a foster

child who was formerly placed with the foster parent is to reenter

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 252

foster care at the same level and type of care, if that placement is

consistent with the best interest of the child and other children in

the home of the foster parent;

18. Be provided a fair, timely, and impartial investigation of

complaints concerning the certification of the foster parent;

19. Be provided the opportunity to request and receive a fair

and impartial hearing regarding decisions that affect certification

retention or placement of children in the home;

20. Be allowed the right to exercise parental substitute

authority;

21. Have timely access to the appeals process of the state

agency and child placement agency and the right to be free from acts

of harassment and retaliation by any other party when exercising the

right to appeal;

22. Be given the number of the statewide toll-free Foster

Parent Hotline;

23. File a grievance and be informed of the process for filing

a grievance. Grievances shall be confidential and the foster parent

has the right to be free from acts of harassment and retaliation by

any other party when exercising the right to file a grievance; and

24. Receive a copy of the liability insurance policy the

Department of Human Services maintains for every Department-

contracted foster home placement.

B. The Department of Human Services and a child-placing agency

under contract with the Department shall be responsible for

implementing this section.

C. Nothing in this section shall be construed to create a

private right 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, § 10-1123.2 — OK Code / Title 10 / Section 10-1123.2
Renumbered as § 7003-6.4 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7003-5.2 — OK Code / Title 10 / Section 10-7003-5.2
Renumbered as § 1-4-703 of Title 10A by Laws 2009, c
Status: in_force

233, § 245, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-5-205 — OK Code / Title 10A / Section 10A-2-5-205
Certification as youthful offender or juvenile
Status: in_force

A. Any person thirteen (13) or fourteen (14) years of age who

is charged with murder in the first degree shall be held accountable

for the act as if the person were an adult; provided, the person may

be certified as a youthful offender or a juvenile as provided by

this section, unless the person is subject to the provisions of

subsection H of Section 2-5-204 of this title.

B. Any person fifteen (15), sixteen (16) or seventeen (17)

years of age who is charged with murder in the first degree shall be

held accountable for his or her act as if the person was an adult

and shall not be subject to the provisions of the Youthful Offender

Act or the provisions of the Juvenile Code for certification as a

juvenile. The person shall have all the statutory rights and

protections of an adult accused of a crime. All proceedings shall

be as for a criminal action and the provisions of Title 22 of the

Oklahoma Statutes shall apply. A person having been convicted as an

adult pursuant to this paragraph shall be tried as an adult for

every subsequent offense.

C. Any person fifteen (15), sixteen (16) or seventeen (17)

years of age who is charged with:

1. Murder in the second degree;

2. Kidnapping or attempt thereof;

3. Manslaughter in the first degree;

4. Robbery with a dangerous weapon or a firearm or attempt

thereof;

5. Robbery in the first degree or attempt thereof;

6. Robbery committed by two or more persons;

7. Rape by instrumentation or attempt thereof;

8. Forcible sodomy;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 358

9. Lewd acts or proposals to a child under sixteen (16) years

of age or any offense in violation of subsection A of Section 1123

of Title 21 of the Oklahoma Statutes;

10. Domestic abuse by strangulation;

11. Arson in the first degree or attempt thereof; or

12. Any offense in violation of Section 652 of Title 21 of the

Oklahoma Statutes,

shall be held accountable for such acts as a youthful offender;

provided, the person may be certified as a juvenile or as an adult

as provided by the provisions of the Youthful Offender Act.

D. At the sole discretion of the district attorney, any person

fifteen (15), sixteen (16) or seventeen (17) years of age who is

charged with rape in the first degree or attempt thereof may be held

accountable for his or her act as if the person was an adult or as a

youthful offender. When charged as an adult, the person shall have

all the statutory rights and protections of an adult accused of a

crime. All proceedings shall be as for a criminal action and the

provisions of Title 22 of the Oklahoma Statutes shall apply. A

person having been convicted as an adult pursuant to this subsection

shall be tried as an adult for every subsequent offense. When

charged as a youthful offender, the person shall be held accountable

for such acts as a youthful offender; provided, the person may be

certified as a juvenile or as an adult as provided by the Youthful

Offender Act.

E. Any person sixteen (16) or seventeen (17) years of age who

is charged with:

1. Burglary in the first degree or attempted burglary in the

first degree;

2. Battery or assault and battery on a state employee or

contractor while in the custody or supervision of the Office of

Juvenile Affairs;

3. Aggravated assault and battery of a police officer;

4. Intimidating a witness;

5. Trafficking in or manufacturing illegal drugs;

6. Assault and battery with a deadly weapon;

7. Maiming;

8. Residential burglary in the second degree after two or more

adjudications that are separated in time for delinquency for

committing burglary in the first degree or residential burglary in

the second degree;

9. Rape in the second degree; or

10. Use of a firearm while in commission of a felony,

may be held accountable for such acts as a youthful offender;

provided, the person may be certified as a juvenile or as an adult

as provided by the Youthful Offender Act.

F. 1. For any charges listed in Sections A, C, D, or E of this

section, the district attorney may elect to file a petition alleging

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 359

the person to be delinquent or may file an information charging the

person as a youthful offender. The district attorney shall

immediately notify the Office of Juvenile Affairs upon the filing of

any youthful offender charges.

2. After an information has been filed charging a person as a

youthful offender under Sections A, C, D, or E of this section, or

as an adult under subsection B of this section, the district

attorney may elect to amend or dismiss the information and refile

any or all charges in a delinquent petition.

3. Upon the filing of an information, the person's complete

juvenile record shall be made available to the district attorney and

the person's attorney.

G. 1. Upon the filing of an information against a person, a

warrant shall be issued which shall set forth the rights of the

accused, and the rights of the parents, guardian, or next friend of

the accused to be present at the preliminary hearing and to have an

attorney.

2. The warrant shall be personally served together with a

certified copy of the information on the accused and on a custodial

parent, guardian, or next friend of the accused. The court may

inquire of the accused as to the whereabouts of his or her parents,

guardian, or next friend in order to avoid unnecessary delay in the

proceedings.

3. When personal service of a custodial parent, guardian, or

next friend of the accused cannot be completed, service may be made

by certified mail to the person's last-known address, requesting a

return receipt from the addressee only. If delivery is refused,

notice may be given by mailing a copy of the accused's warrant

information by regular first-class mail to the address where the

person to be notified refused delivery of the notice sent by

certified mail. Where the address of a custodial parent, guardian

or next friend is not known, or if the mailed copy of the accused's

warrant and information is returned for any reason other than

refusal of the addressee to accept delivery, after a thorough search

of all reasonably available sources to ascertain the whereabouts of

a custodial parent, guardian, or next friend has been conducted, the

court may order that notice of the hearing be given by publication

one time in a newspaper of general circulation in the county. The

court may also order other means of service of notice that the court

deems advisable or in the interests of justice.

4. Before service by publication is ordered, the court shall

conduct an inquiry to determine whether a thorough search has been

made of all reasonably available sources to ascertain the

whereabouts of any person for whom notice by publication is sought.

5. The person is presumed to be a youthful offender, and the

proceedings shall continue under such presumption unless the court

grants the person's motion for certification as a juvenile pursuant

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 360

to Section 6 of this act or grants the district attorney's motion

for imposition of an adult sentence pursuant to Section 7 of this

act.

H. The court shall commence the preliminary hearing within

ninety (90) days of the filing of the information, pursuant to

Section 258 of Title 22 of the Oklahoma Statutes, to determine

whether a crime was committed and if there is probable cause to

believe the accused committed the crime. The requirement for the

preliminary hearing to be held within ninety (90) days may be waived

by the accused.

1. For a person charged under subsection A or B of Section 2-5-

205 of this title, if the preliminary hearing is not commenced

within ninety (90) days of the filing date of the information, the

district court shall hold a hearing to determine the reasons for

delay utilizing the procedure set out in Section 812.2 of Title 22

of the Oklahoma Statutes, to ensure the preliminary hearing is

expedited, unless the ninety-day requirement has been waived by the

accused.

2. For a person charged under subsection C, D, or E of Section

2-5-205 of this title, if the preliminary hearing is not commenced

within ninety (90) days of the filing of the information, the

district attorney shall be prohibited from seeking an adult sentence

unless the ninety-day requirement has been waived by the accused.

3. For an accused person charged under subsection A, B, C, D,

or E of Section 2-5-205 of this title, if the whereabouts of the

accused are unknown at the time of the filing of the information or

if the accused is a fugitive, the State of Oklahoma shall make

reasonable efforts to locate the accused in order to commence the

proceedings. An accused who flees the jurisdiction of the court or

purposely avoids apprehension for the charges, waives the right to

have the preliminary hearing commenced within ninety (90) days of

the filing of the information. If the preliminary hearing does not

commence within ninety (90) days from the filing of the information

due to the absence or inability to locate the accused, the

preliminary hearing shall commence within ninety (90) days after the

state has actual notice of the in-state location of the accused. If

the accused is found out of state, the court shall set the hearing

within ninety (90) days after the accused has been returned to the

State of Oklahoma. An accused who fails to cooperate with providing

information in locating his or her parent, guardian, or next friend

for purposes of notice waives the right to have the preliminary

hearing commence within ninety (90) days of the filing of the

information.

I. At the conclusion of the state's case at the preliminary

hearing, if the accused has filed a motion for certification as a

juvenile pursuant to subsection A of this section, or if the

district attorney has filed a motion for the imposition of an adult

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 361

sentence pursuant to Section 7 of this act, both the accused and the

district attorney may offer evidence in support or in opposition of

the pending motion or motions.

J. The court shall rule on any properly filed motion for

certification as a juvenile or motion for the imposition of an adult

sentence before ruling on whether to bind the accused over for

trial.
Okla. Stat. tit. 10, § 10-7302-9.6 — OK Code / Title 10 / Section 10-7302-9.6
Renumbered as § 2-7-905 of Title 10A by Laws 2009, c
Status: in_force

234, § 177, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1203 — OK Code / Title 10 / Section 10-1203
Renumbered as § 7305-1.3 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-601.6c — OK Code / Title 10 / Section 10-601.6c
Office of Planning and Coordination for Services to
Status: in_force

Children and Youth – Report on child homelessness.

A. The Office of Planning and Coordination for Services to

Children and Youth Steering Committee shall:

1. Review data and propose policy solutions relating to the

issue of child homelessness; and

2. Update the Oklahoma State Legislature on existing programs

to reduce child homelessness including, but not limited to, programs

administered or financed in whole or in part by any agency of this

state, nonprofit organizations or private-sector entities.

B. The Steering Committee shall include an examination of the

following in its assessment and recommendations:

1. State trends in the number of children who are homeless or

are at risk of becoming homeless;

2. The state's role in providing services to children and youth

who are homeless or at risk for becoming homeless;

3. State policy regarding homeless children and youth; and

4. Existing services, resources, and capacity including, but

not limited to, the availability of publicly or privately provided

resources to children and youth who are homeless or at risk of

becoming homeless.

C. The Steering Committee shall submit a report to the

President Pro Tempore of the Senate and Speaker of the House of

Representatives by December 31, 2015, and annually thereafter,

describing assessment and recommendations provided for by this act.
Okla. Stat. tit. 10, § 10-7510-3.1 — OK Code / Title 10 / Section 10-7510-3.1
Short title
Status: in_force

This part may be known and may be cited as the "Compact on

Adoption and Medical Assistance".
Okla. Stat. tit. 10A, § 10A-1-6-106 — OK Code / Title 10A / Section 10A-1-6-106
Filing of social records with the court
Status: in_force

Social records as defined by the Oklahoma Children’s Code shall

not be filed in the court record unless so ordered by the court. If

filed in the court record, the social records shall be placed in

confidential envelopes in the court file and may only be accessed by

the person who is the subject of the records, or attorney for such

person, except as provided by Section 1-6-103 of this title.
Okla. Stat. tit. 10, § 10-116e — OK Code / Title 10 / Section 10-116e
Salary of probation officer
Status: in_force

In each county of this state having a population in excess of

two hundred thousand (200,000), according to the Federal Decennial

Census of 1960 or any succeeding Federal Decennial Census, the

probation officer shall receive a salary of Six Thousand Dollars

($6,000.00) per annum, payable monthly. In addition to such salary

the probation officer shall receive Six Hundred Dollars ($600.00)

per annum, payable monthly out of the court fund of such county for

expenses in attending to the duties of such office.
Okla. Stat. tit. 10, § 10-7003-2.4 — OK Code / Title 10 / Section 10-7003-2.4
Renumbered as § 1-4-202 of Title 10A by Laws 2009, c
Status: in_force

233, § 227, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-2-501 — OK Code / Title 10A / Section 10A-2-2-501
Dispositional hearings
Status: in_force

A. No later than forty (40) days after making an order of

adjudication, the court shall hold a dispositional hearing, at which

all evidence helpful in determining the proper disposition best

serving the interest of the child and the public, including but not

limited to oral and written reports, may be admitted and may be

relied upon to the extent of its probative value, even though not

competent for the purposes of the adjudicatory hearing.

B. Before making an order of disposition, the court shall

advise the district attorney, the attorney of the child, the

parents, guardian, custodian or responsible relative, and their

counsel, of the factual contents and the conclusion of reports

prepared for the use of the court and considered by it, and afford

fair opportunity, if requested, to controvert them. An order of

disposition shall include a specific finding and order of the court

relative to the liability and accountability of the parents for the

care and maintenance of the child as authorized by Section 2-2-703

of this title, unless custody is placed with the parent or parents

of the child.

C. On its own motion or that of the district attorney, the

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

responsible relative or counsel, the court may adjourn the hearing

for a reasonable period to receive reports or other evidence and, in

such event, shall make an appropriate order for detention of the

child, or release of the child from detention subject to supervision

by the court, during the period of the continuance.

D. In scheduling investigations and hearings, the court shall

give priority to proceedings in which a child is in detention, or

has otherwise been removed from his or her home, before an order of

disposition has been made.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 306
Okla. Stat. tit. 10, § 10-7307-1.2 — OK Code / Title 10 / Section 10-7307-1.2
Renumbered as § 2-6-102 of Title 10A by Laws 2009, c
Status: in_force

234, § 190, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-9-111 — OK Code / Title 10A / Section 10A-1-9-111
Management, operation and use of children’s shelters
Status: in_force

A. 1. The Department of Human Services is authorized to manage

and operate and may contract with designated youth services agencies

or designated child-placing agencies for the management and

operation of the children's shelter located in Oklahoma City, known

and designated as the Pauline Mayer Children's Shelter, and the

children's shelter located in Tulsa, known and designated as the

Laura Dester Children's Shelter. The Department shall implement a

plan to transition the use of shelters from a placement for children

taken into custody into an alternative purpose to be determined by

the Department. Kinship care homes and emergency foster care homes

shall be utilized for the care of children instead of a shelter

whenever possible. The Department shall monitor and report to the

Legislature and Governor on a monthly basis the daily average

shelter population and the number of kinship care homes utilized and

the total number of emergency foster care homes available by county.

2. Subject to the availability of suitable placements, no child

in the custody of the Department of Human Services:

a. six (6) years of age or younger shall be placed in

shelter care after June 30, 2013, or

b. thirteen (13) years of age or younger shall be placed

in shelter care after June 30, 2014.

3. The Department is authorized to manage and operate, to the

extent of funds available, and may contract with designated youth

services agencies or child-placing agencies for the management and

operation of such group homes as may be necessary to provide a

diversity of placement alternatives for children adjudicated

deprived and placed in the custody of the Department. The

Department shall, prior to awarding a contract to a facility for the

purposes of this paragraph, ensure that such facility provides

continuing education to its employees in the area of cultural

competency. Such continuing education shall include, at a minimum,

instruction on the problems of race and gender-based disparities

faced by youths in group homes.

B. The Commission for Human Services shall establish and

maintain methods of administration, including those necessary to

establish and maintain a merit system of personnel administration,

and shall prescribe rules necessary for the efficient and effective

operation of the children's facilities operated by the Department.

C. 1. The Director of the Department shall employ and fix the

duties and compensation of a director or supervisor, and other

personnel necessary, for each of the children's facilities operated

by the Department.

2. The Department shall promulgate, and in its hiring and

employment practices, the Department shall adhere to, written

minimum qualifications by position for personnel working with or

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 235

around children in such facilities. Minimum qualifications shall be

designed to assure that:

a. personnel possess sufficient education, training,

experience, and background to provide adequate and

safe professional care and services to children, and

b. children will not be exposed to abuse, deprivation,

criminal conduct, or other unwholesome conditions

attributable to employee incompetence or misconduct.

D. 1. It shall be the duty of the State Fire Marshal and the

State Commissioner of Health to cause annual unannounced inspections

of children's facilities operated by the Department, utilizing

adequately trained and qualified inspection personnel, to determine

and evaluate conditions in their respective areas of agency

jurisdiction.

2. Inspections shall include, but not be limited to, compliance

with:

a. minimum fire, life, and health safety standards, and

b. minimum standards governing general sanitation of the

institution.

3. Reports of inspections shall be made in writing, itemizing

and identifying any deficiencies, and recommending corrective

measures, and shall be filed with the Department, the Office of

Juvenile System Oversight, and the Commission on Children and Youth.

4. The Department shall file copies of the reports of the

inspections and recommendations of the accrediting agencies with the

Office of Juvenile System Oversight.

E. 1. The Department may:

a. give assistance to local school districts in providing

an education to children in facilities operated by the

Department,

b. supplement the education, and

c. provide facilities for such purposes.

2. It shall be the duty of the Department to assure that

children in the facilities receive educational services which will

stress basic literacy skills including, but not limited to,

curricula requirements stressing reading, writing, mathematics,

science, and vocational-technical education.
Okla. Stat. tit. 10, § 10-1114 — OK Code / Title 10 / Section 10-1114
Renumbered as § 7003-4.5 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-601.6 — OK Code / Title 10 / Section 10-601.6
Office of Juvenile System Oversight - Powers, duties and
Status: in_force

authority.

A. For purposes of this section, the term "children and youth

service system" shall have the same meaning as it is defined in

Section 600 of this title.

B. The Office of Juvenile System Oversight shall have the

responsibility of inspecting and investigating misfeasance and

malfeasance within the children and youth service system, as

directed by the Oklahoma Commission on Children and Youth, to

ascertain compliance with established responsibilities.

C. The Office shall conduct not less than one but not more than

two regular, periodic, unannounced inspections of state-operated

children's institutions and facilities annually. The Office is

further authorized to inspect privately operated children's

institutions and facilities that receive state or federal funding,

on a periodic basis or as needed.

D. The Office shall investigate complaints filed with the

Office regarding the children and youth service system.

E. The Office of Juvenile System Oversight shall have the

authority to:

1. Access all facilities within the children and youth service

system for the purpose of conducting inspections and investigations;

2. Examine and copy all records and budgets pertaining to the

children and youth service system and to review inspection reports

of the State Fire Marshal, State Department of Health, and any other

agency that accredits such institutions and facilities;

3. Interview the residents of institutions and facilities

within the children and youth service system;

Oklahoma Statutes - Title 10. Children Page 148

4. Subpoena witnesses and hold public hearings;

5. Establish, in accordance with the Dispute Resolution Act,

Sections 1801 through 1813 of Title 12 of the Oklahoma Statutes, a

voluntary program for foster parents to mediate complaints

concerning the rights of foster parents, as provided for in Section

1-9-119 of Title 10A of the Oklahoma Statutes, that relate to

certain actions, inactions or decisions of the Department of Human

Services, the Department of Juvenile Justice, or child-placing

agencies that may adversely affect the safety and well-being of

children in the custody of the state;

6. Receive any complaint alleging that an employee of the

Department of Human Services or a child-placing agency has

threatened a foster parent with removal of a child from the foster

parent, harassed a foster parent, or refused to place a child in a

licensed or certified foster home, or disrupted a child placement as

retaliation or discrimination towards a foster parent who has:

a. filed a grievance pursuant to Section 1-9-120 of Title

10A of the Oklahoma Statutes,

b. provided information to any state official or

Department employee, or

c. testified, assisted, or otherwise participated in an

investigation, proceeding, or hearing against the

Department or child-placing agency.

The Office of Juvenile System Oversight shall forward the

complaints to the Office of Client Advocacy for investigation

pursuant to subsection D of Section 1-9-112 of Title 10A of the

Oklahoma Statutes. The Office of Juvenile System Oversight shall

work with the Office of Client Advocacy to ensure the complaints are

investigated and resolved in accordance with the grievance

procedures provided in Section 1-9-120 of Title 10A of the Oklahoma

Statutes. The provisions of this paragraph shall not apply to any

complaint by a foster parent regarding the result of a criminal,

administrative, or civil proceeding for a violation of any law,

rule, or contract provision by that foster parent, or the action

taken by the Department or a child-placing agency in conformity with

the result of any such proceeding;

7. Issue reports to the Governor, Speaker of the House of

Representatives, President Pro Tempore of the Senate, Chief Justice

of the Supreme Court of the State of Oklahoma, any appropriate

prosecutorial agency, the director of the agency under

consideration, and other persons as necessary and appropriate; and

8. Provide recommendations to the Oklahoma Commission on

Children and Youth on or before May 1 of each year.

F. The Office of Juvenile System Oversight shall not release

information that would identify a person who makes a complaint to

the Office, unless a court of competent jurisdiction orders release

of the information for good cause shown.

Oklahoma Statutes - Title 10. Children Page 149
Okla. Stat. tit. 10, § 10-407 — OK Code / Title 10 / Section 10-407
Revocation of license or refusal to issue or renew -
Status: in_force

Emergency action - Citation.

A. The Department of Human Services may revoke or deny issuance

of the license of any child care facility found to be in violation

of any provision of this act or the rules of the Department, as

provided in Section 404 of this title.

B. 1. No license shall be revoked or issuance denied unless

and until such time as the licensee or applicant shall have been

given at least thirty (30) days' notice in writing of the grounds of

the proposed revocation or denial.

2. At the time the facility is given notice in writing of the

revocation or denial of a license, the Department shall also advise

parents of children attending the facility and the child care

resource and referral organization within one (1) business day of

such action by verbal, electronic, or written notification and the

posting of an announcement in the facility.

3. If the revocation or denial is protested within thirty (30)

days of receipt of notice, by writing addressed to the Department,

the Department, or its authorized agency, shall conduct a hearing at

which an opportunity shall be given to the licensee or applicant to

present testimony and confront witnesses.

4. Notice of the hearing shall be given to the licensee or

applicant by personal service or by delivery to the proper address

by certified mail, return receipt requested, at least two (2) weeks

prior to the date thereof.

5. If notice of the proposed revocation or denial of a license

is not protested, the license shall be revoked or denied.

C. 1. Nothing in this section or Section 406 of this title

shall be construed as preventing the Department from taking

emergency action as provided by this subsection.

2. For the purposes of this subsection, "emergency" means a

situation that poses a direct and serious threat to the health,

safety, or welfare of any child cared for by the facility.

3. Whenever the Department finds, after an investigation, that

an emergency exists requiring immediate action to protect the

health, safety, or welfare of any child cared for by a facility

licensed, authorized, or providing unlicensed care except as

exempted by the provisions of the Oklahoma Child Care Facilities

Licensing Act, the Department may without notice or hearing issue an

emergency order stating the existence of such an emergency and

requiring that such action be taken as it deems necessary to meet

the emergency including, when necessary, removing children from the

Oklahoma Statutes - Title 10. Children Page 93

facility and prohibiting the facility from providing services to

children pending a hearing on the matter.

a. An emergency order shall be effective immediately.

Any person to whom an emergency order is directed

shall comply with the emergency order immediately but,

upon written request to the Department on or before

the tenth day after receipt of the emergency order,

shall be afforded a hearing on or before the tenth day

after receipt of the request by the Department.

b. On the basis of such hearing, the Department shall

continue the order in effect, revoke it, or modify it.

c. Any person aggrieved by the order continued after the

hearing provided for in this subsection may appeal to

the district court of the area affected within ten

(10) days. The appeal when docketed shall have

priority over all cases pending on the docket, except

criminal cases.

D. The Department shall establish a process to review the

initial determination of the closure of a facility due to an

emergency pursuant to the licensing requirements promulgated by the

Department.

E. The Department shall continue to monitor any facility whose

license has been revoked, denied, or who has had an emergency order

issued for a period of thirty (30) days after the action becomes

final.

F. In addition to any other remedy authorized by this act, a

CLEET-certified officer may issue a citation for a violation of any

provision of this act or rules of the Department as provided in

Section 404 of this title. The fine shall not be less than One

Hundred Dollars ($100.00) nor more than Five Hundred Dollars

($500.00) for every day the facility maintains and receives children

after:

1. An emergency order has been issued; or

2. An application for a license has been denied or the license

has been revoked.

G. One-half (1/2) of the funds collected pursuant to subsection

F of this section shall be deposited in the Quality of Care

Development Fund established in Section 10 of this act and one-half

(1/2) shall be retained by the law enforcement agency represented by

the CLEET-certified officer.
Okla. Stat. tit. 10, § 10-7700-606 — OK Code / Title 10 / Section 10-7700-606
No limitation for parentage proceeding with no
Status: in_force

presumed, acknowledged, or adjudicated father.

A proceeding to adjudicate the parentage of a child having no

presumed, acknowledged, or adjudicated father may be commenced at

any time, even after:

1. The child becomes an adult, but only if the child initiates

the proceeding; or

2. An earlier proceeding to adjudicate paternity has been

dismissed based on the application of a statute of limitation then

in effect.
Okla. Stat. tit. 10, § 10-454 — OK Code / Title 10 / Section 10-454
Powers and duties of Commission and Director
Status: in_force

(a) The Commission is hereby authorized and directed to

formulate and to be responsible for the administration and operation

of a comprehensive and detailed plan for the purposes specified and

as provided in Title 10 as compiled in O.S.1951, Sections 187, 211 -

223, 291 - 296, 301 - 304, and 311 - 327, inclusive, as amended,

where not inconsistent with the provisions of this act.

(b) The Commission shall receive and expend in connection with

such plan all funds made available to it by the United States

Government, by the state or its political subdivisions, or by any

other source for such purposes.

(c) The Commission shall establish and maintain such methods of

administration, including those necessary to establish and maintain

a merit system of personnel administration, as are necessary for the

effective and efficient operation of the plan; shall maintain

records and prepare reports of services rendered; and shall

cooperate with law enforcement, health, medical, and welfare

agencies and organizations, and with any other agency of this state

and the political subdivisions charged with the administration of

laws relating to juvenile delinquents.

(d) The Director of Public Welfare is hereby authorized and

directed to perform those duties and functions now performed by the

Board of Managers and Superintendents for such juvenile delinquents

of said institutions and such other duties relating to this act as

may be assigned by the Commission.

(e) The Commission is authorized to create positions, fix

salaries, and employ necessary professional and clerical personnel.

(f) The Commission shall have authority to provide for the

expenditure of all funds for the administration and operation of the

institutions as specified in this act.
Okla. Stat. tit. 10, § 10-1103.1 — OK Code / Title 10 / Section 10-1103.1
Renumbered as § 7003-3.3 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-1205 — OK Code / Title 10 / Section 10-1205
Renumbered as § 7305-1.5 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-1403 — OK Code / Title 10 / Section 10-1403
Renumbered as § 7004-3.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7003-8.8 — OK Code / Title 10 / Section 10-7003-8.8
Renumbered as § 1-4-702 of Title 10A by Laws 2009, c
Status: in_force

233, § 244, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-5-212 — OK Code / Title 10A / Section 10A-2-5-212
Delinquent or youthful offender in custody of Office
Status: in_force

of Juvenile Affairs - Placement options - Office duties and

authority - Rights of delinquent or youthful offender.

A. Whenever a youthful offender is committed to the custody of

the Office of Juvenile Affairs, the Office of Juvenile Affairs shall

have the legal responsibility and authority to place a youthful

offender:

1. In a secure facility or other institution or facility

maintained by the state for delinquents or youthful offenders;

2. In a group home or community residential facility for

delinquents or youthful offenders; or

3. Under community supervision.

B. The court shall not prohibit the reintegration of the

youthful offender into the community except upon finding that the

youthful offender has not reasonably completed the rehabilitation

plan objectives established as preconditions for reintegration into

the community or that the public would not be adequately protected

if the youthful offender is reintegrated into the community.

C. Placement of the youthful offender pursuant to this section

or any other provision of law shall be the responsibility of the

Office of Juvenile Affairs and shall occur as soon as reasonably

possible but not more than forty-five (45) days following the filing

and adoption of the written rehabilitation plan as provided in

Section 8 of this act. This placement time period may be extended

upon the declaration of an emergency by the Board of Juvenile

Affairs. For the purposes of this section, "emergency" means any

situation that places the health, safety and well-being of the

residents or staff in imminent peril. The court shall not have

authority to order a specific placement of a youthful offender.

D. The Office of Juvenile Affairs shall be responsible for the

care and custody of a youthful offender who has been placed in the

custody of the Office of Juvenile Affairs, and shall have the duty

and the authority to provide food, clothing, shelter, ordinary

medical care, education, discipline and in an emergency to authorize

surgery or other extraordinary care. The medical care, surgery and

extraordinary care shall be charged to the appropriate agency where

the youthful offender qualifies for the care under law, rule,

regulation or administrative order or decision. Nothing in this

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 372

section shall abrogate the right of a youthful offender to any

benefits provided through public funds nor the parent's statutory

duty or responsibility to provide said necessities; further, no

person, agency or institution shall be liable in a civil suit for

damages for authorizing or not authorizing surgery or extraordinary

care in an emergency, as determined by competent medical authority.

A youthful offender placed in the custody of the Office of Juvenile

Affairs who has attained eighteen (18) years of age or older may

authorize and consent to the medical care sought on behalf of the

youthful offender by the Office of Juvenile Affairs and to be

provided to the youthful offender by a qualified health care

professional. No state employee shall be liable for the costs of

any medical care or behavioral health services provided to any child

in the custody of the Office of Juvenile Affairs.

E. A youthful offender in the custody of the Office of Juvenile

Affairs shall:

1. Be entitled to the rights afforded juvenile delinquents

pertaining to any due process afforded delinquents in regard to

movement from a nonsecure to a secure placement; and

2. As appropriate to the age and circumstances of the youthful

offender, be provided education, employment, and employment skills

and vocational and technical or higher education services,

apprenticeship programs and similar opportunities.

F. The Office of Juvenile Affairs shall have standing to seek

review, including an appellate review, of any order directing the

Office of Juvenile Affairs to take any action with regard to a

youthful offender placed in the custody or under the supervision of

the Office of Juvenile Affairs.
Okla. Stat. tit. 10, § 10-1116.3 — OK Code / Title 10 / Section 10-1116.3
Advisory status of review boards - Duties and
Status: in_force

responsibilities.

A. Postadjudication review boards shall function in an advisory

capacity to the district court.

The duties of a review board shall be to:

1. Review the case of every adjudicated deprived child at least

once every six (6) months and submit to the court within ten (10)

days of any review hearing its findings and recommendations.

a. Such review shall include, but not be limited to,

consideration and evaluation of:

(1) the appropriateness of the goals and objectives

of the treatment and service plan,

(2) the appropriateness and timeliness of the goals

and objectives of the permanency plan, and

(3) the appropriateness of the services provided to

the child, and to the parent, stepparent, or

other adult living in the home of the child, or

legal guardian, or custodian.

b. Reviews of cases and reports to the court shall be

scheduled to ensure that the court receives the

findings and recommendations of the review board prior

to each regularly scheduled six-month review of the

case by the court;

2. Review the case of every child alleged to be deprived and

held in an out-of-home placement six (6) months after removal and

every six (6) months thereafter until adjudication occurs or the

child is released from out-of-home placement and submit to the court

within ten (10) days of any scheduled hearing its findings and

recommendations. Such review shall include, but not be limited to,

consideration and evaluation of:

a. whether the continued out-of-home placement is in the

best interests of the child,

b. the appropriateness of the placement, and

c. in the absence of a court-ordered treatment and

service plan, the appropriateness of the services

provided to the child and any family members or other

adult living in the home of the child;

3. Review the case of every child adjudicated deprived pursuant

to the laws of another state or territory, when the child is

currently residing in Oklahoma and the Department of Human Services

has been notified of the change of residence by the other state or

Oklahoma Statutes - Title 10. Children Page 191

territory and has agreed to provide services to the child pursuant

to the Interstate Compact on the Placement of Children or other

agreement concerning the child. The Department shall notify the

proper review board of the location of the child and shall provide

such review board with information received from the other state

concerning the child and any reports made by the Department

concerning the child. The review board shall report its findings to

the Department and may report such findings to the agency or court

in the state having jurisdiction for the custody of the child. The

child and the custodian of the child may be present at the review

board’s meeting regarding the child;

4. If approved by the court, review the case of any juvenile

adjudicated delinquent or in need of supervision. Such review shall

include, but not be limited to, consideration and evaluation of:

a. the appropriateness of the placement,

b. the appropriateness of the services provided to the

child and any family members or other adult living in

the home of the child, and

c. the appropriateness of the goals and objectives of the

treatment and service plan; and

5. Forward copies of the findings and recommendations of the

review board to the court having jurisdiction of the case, the

parent or legal guardian, attorney representing the child, agency

supervising the case or legal custodian of the child and to any

other party as determined by the court. It shall be the duty of the

court clerk to ensure that all documents filed pertaining to the

case of an adjudicated child are properly noted and affixed in the

file of the child prior to the commencement of the review process by

the review board. The bailiff or bailiffs of the judges having

juvenile docket responsibility within the district shall transmit

the information necessary for the case reviews to the review board

for that district.

B. The review board’s report of its findings and

recommendations shall be admitted into evidence in any dispositional

hearing, and may be relied upon to the extent of its probative

value, even though not competent for purposes of an adjudicatory

hearing.

C. A review board may solicit the attendance at its meetings of

persons known to the board with information concerning the case of

any child subject to its review. However, no employee of the Office

of Juvenile Affairs shall be required to attend a review board

meeting.

D. It shall be the duty of the court having jurisdiction of the

case to acknowledge the receipt of the recommendations of the review

board.

E. A review board member may attend any court hearing

concerning the case of any child subject to review by the board.

Oklahoma Statutes - Title 10. Children Page 192
Okla. Stat. tit. 10, § 10-7505-5.3 — OK Code / Title 10 / Section 10-7505-5.3
Contents of home study
Status: in_force

A. A home study satisfying Section 7505-5.1 or 7505-5.2 of this

title must include at a minimum the following:

1. An appropriate inquiry to determine whether the proposed

home is a suitable one for the minor; and any other circumstances

and conditions which may have a bearing on the adoption and of which

the court should have knowledge; and in this entire matter of

investigation, the court is specifically authorized to exercise

judicial knowledge and discretion;

2. Documentation of at least one individual interview with each

parent, each school-age child and any other household member, one

joint interview, a home visit, and three written references;

3. Verification that the home is a healthy, safe environment in

which to raise a minor, as well as verification of marital status,

employment, income, access to medical care, physical health and

history; and

4. A review of a criminal background check and a child abuse

and neglect information system check.

a. A background check shall be required for adoptive

parents and all other household members eighteen (18)

years of age and older, consisting of a review of a

national fingerprint-based criminal background check,

a search of the Department of Corrections’ files

maintained pursuant to the Sex Offenders Registration

Act, and a search of the child abuse and neglect

information system maintained for review by authorized

entities by the Department of Human Services.

b. A Department of Public Safety Motor Vehicle Report

shall be required for adoptive parents and all other

adult household members when the child to be adopted

is in the legal custody of the Department of Human

Services.

c. For each adoptive parent or other household member

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

maintained continuous residency in the state for five

(5) years prior to the home study or home study

update, a child abuse registry check shall be required

Oklahoma Statutes - Title 10. Children Page 359

from every other state in which the prospective

adoptive parent or other adult household member has

resided during such five-year period.

d. Each prospective adoptive parent or other household

member eighteen (18) years of age or older shall be

required to cooperate with the requirements of the

Department of Human Services and the Oklahoma State

Bureau of Investigation with regard to the criminal

background check and child abuse check.

B. A home study which is being updated or brought current in

accordance with subsection A of Section 7505-5.1 of this title shall

document appropriate inquiry into changes in the family situation

since the last home study, a home visit, at least one joint

interview, information on any children added to the family,

experiences, if any, of the adoptive parents as parents since the

last study, verification of current physical health, and three

current letters of reference.

C. An updated home study as described in subsection B of this

section shall include a review of criminal background checks and

child abuse and neglect checks as described in subsection A of this

section. However, when a national fingerprint background check has

been done within the five (5) years previous to the completion of

the updated home study and the results are available for review,

then a name-based search of the records of the Oklahoma State Bureau

of Investigation on the adoptive parents and other household

residents eighteen (18) years of age or older for whom the

fingerprint background check has been performed shall satisfy the

requirements for a criminal background check for purposes of a home

study update.

D. 1. A preplacement home study or update which is being used

solely for purposes of international adoption shall not require a

national fingerprint-based criminal background search in addition to

the one required by the United States Citizenship and Immigration

Services.

2. Such an international home study shall contain a review of a

state criminal background check, a search of the Department of

Corrections’ files maintained pursuant to the Sex Offenders

Registration Act, and a search of the child abuse and neglect

information system maintained for review by authorized entities by

the Department of Human Services.

3. An international home study or home study update as

described in this section must include a statement that the home

study recommendation is for international adoption purposes only and

may not be used as the basis for a domestic adoption without the

addition of a review of the results of a national fingerprint-based

criminal background search if such would be required by subparagraph

c of paragraph 4 of subsection A of this section.

Oklahoma Statutes - Title 10. Children Page 360

E. The report of such home study or home study update shall

become a part of the files in the case and shall contain a definite

recommendation for or against the proposed adoption and the reasons

therefor.

F. Following issuance of an interlocutory decree of adoption,

or if the interlocutory decree is waived, prior to issuance of a

final decree, the investigator conducting the home study or another

investigator who meets the qualifications specified in Section 7505-

5.4 of this title, shall observe the minor in the proposed adoptive

home and report in writing to the court on any circumstances or

conditions which may have a bearing on the granting of a final

adoption decree. If the interlocutory decree was not waived, the

investigator must certify that the final examination described in

this subsection has been made since the granting of the

interlocutory order. This supplemental report shall include a

determination as to the legal availability or status of the minor

for adoption and shall be filed prior to the final decree of

adoption.
Okla. Stat. tit. 10, § 10-7303-1.7 — OK Code / Title 10 / Section 10-7303-1.7
Renumbered as § 2-2-108 of Title 10A by Laws 2009, c
Status: in_force

234, § 178, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7003-5.6a — OK Code / Title 10 / Section 10-7003-5.6a
Renumbered as § 1-4-808 of Title 10A by Laws 2009,
Status: in_force

c. 233, § 254, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7700-611 — OK Code / Title 10 / Section 10-7700-611
Proceeding before birth of child
Status: in_force

A proceeding to determine parentage may be commenced before the

birth of the child, but may not be concluded until after the birth

of the child. The following actions may be taken before the birth

of the child:

1. Service of process;

2. Discovery; and

3. Except as prohibited by Section 24 of this act, collection

of specimens for genetic testing.
Okla. Stat. tit. 10, § 10-1501 — OK Code / Title 10 / Section 10-1501
Various references deemed to be references to District
Status: in_force

Court or judge thereof.

Wherever reference is made to the county court, Children's Court

and Juvenile Court, or to a judge thereof in the statutes relating

to juveniles, domestic relations or the status of persons, the

Oklahoma Statutes - Title 10. Children Page 265

reference shall be deemed to be to the District Court or a judge

thereof.
Okla. Stat. tit. 10, § 10-1148 — OK Code / Title 10 / Section 10-1148
Renumbered as § 7003-4.3 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-1507.10 — OK Code / Title 10 / Section 10-1507.10
Renumbered as § 7302-7.1 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7504-1.2 — OK Code / Title 10 / Section 10-7504-1.2
Disclosure
Status: in_force

A. Whenever the disclosure of medical and social history is

permitted under this section, all identifying information shall be

deleted from the copy of the report or record that is disclosed,

unless the court, Department, agency, attorney, or person authorized

to disclose information by this section has been informed in writing

by both a biological parent and an adoptive parent or prospective

adoptive parent of their mutual agreement to share identifying

information. When such an agreement has been made, identifying

information shall be released only to the extent specifically

permitted by the written agreement. When a minor is in the legal

custody of the Department, medical and social history may be

Oklahoma Statutes - Title 10. Children Page 329

disclosed to the prospective adoptive parent without any agreement

and without redacting identifying information when the prospective

adoptive parent is a kinship or relative caregiver for the minor, or

the minor has lived in the prospective adoptive parent's home for

twelve (12) or more months, unless the Department determines

redaction of such information is in the best interest of the child.

B. As early as practicable before the first meeting of the

prospective adoptive parent with a minor and before the prospective

adoptive parent accepts physical custody of the minor, the

Department or child-placing agency that is placing the minor for

adoption, or the attorney for the adoptive parent in a direct

placement adoption, or the person who is placing the minor for

adoption in a direct placement adoption in which the adoptive parent

is not represented by an attorney, shall furnish to the prospective

adoptive parent a copy of the medical and social history report,

containing all of the medical and social history information and

records regarding the minor reasonably available at that time. If

placement of the minor with the prospective adoptive parent does not

subsequently occur, the prospective adoptive parent shall return the

medical and social history report to the Department, agency,

attorney or other person who furnished it to the prospective

adoptive parent.

C. Before a hearing on the petition for adoption, the

Department or child-placing agency that placed the minor for

adoption, or the attorney for the adoptive parent in a direct

placement adoption, or the person who placed the minor for adoption

in a direct placement adoption in which the adoptive parent is

unrepresented, shall furnish to the adoptive parent a supplemental

written report containing information or records required by Section

7505-1.1 of this title, which was unavailable before the minor was

placed for adoption, but which becomes reasonably available to the

Department, agency, attorney, or person who placed the minor after

the placement.

D. A petition for adoption may not be granted until a copy of

the medical and social history report is filed with the court. If

the court finds that information or records required by Section

7505-1.1 of this title cannot be obtained by the reasonable efforts

of the Department or child-placing agency placing the minor, or by

the attorney for the adoptive parent in a direct placement adoption,

or by the person who placed the minor for adoption in a direct

placement adoption in which the adopted parent is unrepresented, the

court may accept the report and proceed with the adoption.

E. 1. Any additional information about an adopted person, the

adopted person's biological parents, or the adopted person's genetic

history that is submitted to the clerk of the district court that

issues the final decree of adoption, before or after the final

decree of adoption is issued, shall be made a part of the court's

Oklahoma Statutes - Title 10. Children Page 330

permanent record of the adoption, pursuant to Section 7505-1.1 of

this title. No filing fee shall be charged for filing this

supplemental information with the court clerk.

2. An adoptive parent, a biological parent, or an adult adopted

person may file with the clerk of the district court that issued the

final decree of adoption a notice of the individual's current

mailing address. A legal guardian of an adopted minor may file with

the clerk of the district court that issued the final decree of

adoption a notice of the guardian's current mailing address and

proof of legal guardianship. No filing fee shall be charged for

filing this notification of address or guardianship with the court

clerk.

3. Upon filing with the court clerk supplemental information

concerning the biological parents or the adopted person's genetic

history, the court clerk shall send notice by ordinary mail, at the

most recent address, if any, listed in the court records, to the

adoptive parent or legal guardian of a minor adopted person or to

the adult adopted person. The notice shall state that supplemental

information has been received and is available from the court clerk

upon request.

4. Upon filing with the court clerk supplemental information

concerning the adopted person that may be genetically significant

for a biological parent or biological relative, the court clerk

shall send notice by ordinary mail, at the most recent address, if

any, listed in the court records, to the biological parent. The

notice shall state that supplemental information has been received

and is available from the court clerk upon request.

F. If any additional information about an adopted person, the

adopted person's biological parents, or the adopted person's genetic

history is submitted to the Department, agency, attorney, or person

who prepared the original report, the Department, agency, attorney,

or person shall:

1. Retain this supplemental information with their other

records of the adoption for as long as these records are maintained;

2. File a copy of the supplemental information with the clerk

of the court that issued the decree of adoption, to be made a part

of the court's permanent record of the adoption pursuant to

subsection E of this section; and

3. Furnish a copy of the supplemental information to:

a. the adoptive parent or current legal guardian of the

child, if the adopted person is under the age of

eighteen (18), or the adult adopted person, if the

location of the adoptive parent, guardian or adult

adopted person is known to the Department, agency,

attorney, or person, or

b. the biological parents, if the supplemental

information is submitted by an adoptive parent or

Oklahoma Statutes - Title 10. Children Page 331

adopted person and concerns genetically significant

information about the adopted person that is relevant

to the health or childbearing decisions of the

biological parents or other biological relatives, if

the location of the biological parents is known to the

Department, agency, attorney, or person.

G. 1. The clerk of the district court that issues the final

adoption decree or the Department, agency, attorney, or person who

prepared the medical and social history report shall provide a copy

of the medical and social history report and any additional medical

and social history information in its possession to the following

persons upon request:

a. the adoptive parent or legal guardian of a minor

adopted person,

b. an adopted person who has attained eighteen (18) years

of age, and

c. an adult whose biological mother's and biological

father's parental rights were terminated and who was

never adopted.

2. The clerk of the district court that issues the final

adoption decree or the Department, agency, attorney, or person who

prepared the medical and social history report shall provide a copy

of the medical report and any additional medical information in its

possession to the following persons upon request:

a. an adult direct descendant of a deceased adopted

person or of a deceased person whose biological

mother's and biological father's parental rights were

terminated and who was never adopted, and

b. the parent or guardian of a minor direct descendant of

a deceased adopted person or of a deceased person

whose biological mother's and biological father's

rights were terminated and who was never adopted.

3. The clerk of the district court that issues the final

adoption decree or the Department, child-placing agency, attorney,

or person who prepared the medical and social history report shall

provide to the following persons upon request, a copy of genetically

significant supplemental information about an adopted person, or

about a person whose parents' parental rights were terminated, which

became available subsequent to the issuance of the decree of

adoption or termination order:

a. a biological parent or biological relative of an

adopted person, and

b. a biological parent or biological relative of a person

whose biological mother's and biological father's

rights were terminated and who was never adopted.

4. The clerk of the district court that issues the final

adoption decree shall provide a copy of any medical and social

Oklahoma Statutes - Title 10. Children Page 332

history information contained in the court records to the

Department, or child-placing agency that placed the minor for

adoption or to the attorney representing the adoptive parent upon

request.

5. A copy of the report and supplemental medical and social

history information may not be furnished under this subsection to a

person who cannot furnish satisfactory proof of identity and legal

entitlement to receive a copy.

6. A person requesting a copy of a report or other medical and

social history information under this subsection shall pay only the

actual and reasonable costs of providing the copy.

H. The Department, a child-placing agency, or an attorney for

an adoptive parent who facilitated or participated in an adoption

proceeding prior to the effective date of this act shall be subject

to the same requirements and duties set forth in subsections F and G

of this section that are required in those subsections for the

Department, agency, or attorney who prepared the medical or social

history.
Okla. Stat. tit. 10, § 10-1430.23 — OK Code / Title 10 / Section 10-1430.23
Protection of resident's funds
Status: in_force

To protect the funds of a resident of a facility subject to the

provisions of the Group Homes for Persons with Developmental or

Physical Disabilities Act, the group home must comply with rules

promulgated by the Department of Human Services regarding protection

of the personal funds of the resident.
Okla. Stat. tit. 10, § 10-7700-308 — OK Code / Title 10 / Section 10-7700-308
Proceeding to challenge acknowledgment – Commencement
Status: in_force

– Burden of proof.

A. After the period for rescission under Section 7700-307 of

this title has expired, a signatory of an acknowledgment of

paternity may commence a proceeding to challenge the acknowledgment

only:

1. On the basis of duress or material mistake of fact within

two (2) years after the acknowledgment is executed; or

2. On the basis of fraud at any time in accordance with

subsection D of Section 7700-607 of this title.

B. After the period for rescission under Section 7700-307 of

this title has expired, a signatory of a denial of paternity may

commence a proceeding to challenge the denial only:

1. On the basis of fraud, duress or material mistake of fact;

and

2. Within two (2) years after the denial is executed.

C. A party challenging an acknowledgment of paternity or denial

of paternity has the burden of proof, which shall be by clear and

convincing evidence.
Okla. Stat. tit. 10A, § 10A-1-1-102 — OK Code / Title 10A / Section 10A-1-1-102
Recognition of duties, rights and interests –
Status: in_force

Legislative intent.

A. For the purposes of the Oklahoma Children's Code, the

Legislature recognizes that:

1. Parents have a natural, legal, and moral right, as well as a

duty, to care for and support their children and such rights are

protected by state and federal laws as well as the Constitution. To

that end, it is presumed that the best interests of a child are

ordinarily served by leaving the child in the custody of the

parents, who are expected to have the strongest bond of love and

affection and to be best able to provide a child those needed

qualities that make a child's life safe and secure. Nevertheless,

this presumption may be rebutted where there is evidence of abuse

and neglect or threat of harm;

2. A child has a right to be raised by the mother and father of

the child as well as a right to be raised free from physical and

emotional abuse or neglect. When it is necessary to remove a child

from a parent, the child is entitled to a permanent home and to be

placed in the least restrictive environment to meet the needs of the

child; and

3. Because the state has an interest in its present and future

citizens as well as a duty to protect those who, because of age, are

unable to protect themselves, it is the policy of this state to

provide for the protection of children who have been abused or

neglected and who may be further threatened by the conduct of

persons responsible for the health, safety, and welfare of such

children. To this end, where family circumstances threaten the

safety of a child, the state's interest in the welfare of the child

takes precedence over the natural right and authority of the parent

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 9

to the extent that it is necessary to protect the child and assure

that the best interests of the child are met.

B. It is the intent of the Legislature that the Oklahoma

Children's Code provide the foundation and process for state

intervention into the parent-child relationship whenever the

circumstances of a family threaten the safety of a child and to

properly balance the interests of the parties stated herein. To

this end, it is the purpose of the laws relating to children alleged

or found to be deprived to:

1. Intervene in the family only when necessary to protect a

child from harm or threatened harm;

2. Provide expeditious and timely judicial and agency

procedures for the protection of the child;

3. Preserve, unify, and strengthen the family ties of the child

whenever possible when in the best interests of the child to do so;

4. Recognize that the right to family integrity, preservation

or reunification is limited by the right of the child to be

protected from abuse and neglect;

5. Make reasonable efforts to prevent or eliminate the need for

the removal of a child from the home and make reasonable efforts to

return the child to the home unless otherwise prescribed by the

Oklahoma Children's Code;

6. Recognize that permanency is in the best interests of the

child;

7. Ensure that when family rehabilitation and reunification are

not possible, the child will be placed in an adoptive home or other

permanent living arrangement in a timely fashion; and

8. Secure for each child the permanency, care, education, and

guidance as will best serve the spiritual, emotional, mental and

physical health, safety, and welfare of the child.

C. Whenever it is necessary for a child to be placed outside

the home pursuant to the Oklahoma Children's Code, it is the intent

of the Legislature that:

1. Each child shall be assured the care, guidance, and

supervision in a permanent home or foster home that will serve the

best interests of the child including, but not limited to, the

development of the moral, emotional, spiritual, mental, social,

educational, and physical well-being of the child;

2. When a child is placed in foster care, the foster parent

shall be allowed to consider the child as part of the family;

3. Whenever possible siblings shall be placed together and when

it is not possible efforts shall be made to preserve the

relationships through visitation and other methods of communication;

and

4. Permanent placement is achieved as soon as possible.

D. A foster parent or group home where a child is placed has a

recognizable interest in the familial relationship that the foster

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

parent or group home establishes with a foster child and shall

therefore be considered an essential participant with regard to

decisions related to the care, supervision, guidance, rearing, and

other foster care services to the child.

E. It is the intent of the Legislature that the paramount

consideration in all proceedings within the Oklahoma Children's Code

is the best interests of the child.
Okla. Stat. tit. 10A, § 10A-2-9-102 — OK Code / Title 10A / Section 10A-2-9-102
Purpose
Status: in_force

THE INTERSTATE COMPACT FOR JUVENILES

ARTICLE I

PURPOSE

A. The compacting states to this Interstate Compact recognize

that each state is responsible for the proper supervision or return

of juveniles, delinquents and status offenders who are on probation

or parole and who have absconded, escaped or run away from

supervision and control and in so doing have endangered their own

safety and the safety of others. The compacting states also

recognize that each state is responsible for the safe return of

juveniles who have run away from home and in doing so have left

their state of residence. The compacting states also recognize that

Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112

(1965), has authorized and encouraged compacts for cooperative

efforts and mutual assistance in the prevention of crime.

B. It is the purpose of this compact, through means of joint

and cooperative action among the compacting states to:

1. Ensure that the adjudicated juveniles and status offenders

subject to this compact are provided adequate supervision and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 469

services in the receiving state as ordered by the adjudicating judge

or parole authority in the sending state;

2. Ensure that the public safety interests of the citizens,

including the victims of juvenile offenders, in both the sending and

receiving states are adequately protected;

3. Return juveniles who have run away, absconded or escaped

from supervision or control or have been accused of an offense to

the state requesting their return;

4. Make contracts for the cooperative institutionalization in

public facilities in member states for delinquent youth needing

special services;

5. Provide for the effective tracking and supervision of

juveniles;

6. Equitably allocate the costs, benefits and obligations of

the compacting states;

7. Establish procedures to manage the movement between states

of juvenile offenders released to the community under the

jurisdiction of courts, juvenile departments, or any other criminal

or juvenile justice agency which has jurisdiction over juvenile

offenders;

8. Ensure immediate notice to jurisdictions where defined

offenders are authorized to travel or to relocate across state

lines;

9. Establish procedures to resolve pending charges detainers.

against juvenile offenders prior to transfer or release to the

community under the terms of this compact;

10. Establish a system of uniform data collection on

information pertaining to juveniles subject to this compact that

allows access by authorized juvenile justice and criminal justice

officials, and regular reporting of Compact activities to heads of

state executive, judicial, and legislative branches and juvenile and

criminal justice administrators;

11. Monitor compliance with rules governing interstate movement

of juveniles and initiate interventions to address and correct

noncompliance;

12. Coordinate training and education regarding the regulation

of interstate movement of juveniles for officials involved in such

activity; and

13. Coordinate the implementation and operation of the compact

with the Interstate Compact for the Placement of Children, the

Interstate Compact for Adult Offender Supervision and other compacts

affecting juveniles particularly in those cases where concurrent or

overlapping supervision issues arise.

It is the policy of the compacting states that the activities

conducted by the Interstate Commission created herein are the

formation of public policies and therefore are public business.

Furthermore, the compacting states shall cooperate and observe their

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 470

individual and collective duties and responsibilities for the prompt

return and acceptance of juveniles subject to the provisions of this

compact.

The provisions of this compact shall be reasonably and liberally

construed to accomplish the purposes and policies of the compact.
Okla. Stat. tit. 10A, § 10A-1-4-713 — OK Code / Title 10A / Section 10A-1-4-713
Family drug court assessment
Status: in_force

A. When directed by the court, the family drug court treatment

staff shall make a family drug court assessment of the deprived

child or children and the family under consideration to determine

whether:

1. Reunification is the permanency plan for the child or

children and that reunification with the parent, parents or legal

guardian is in the best interest of the child or children; and

2. The alcohol or substance abuse of the parent, parents or

legal guardian is a substantial contributing condition to the

adjudication of a child or children as deprived.

B. 1. The family drug court assessment shall be conducted

through a standardized screening test and personal interview. A

more comprehensive evaluation may take place at the time the family

enters the treatment portion of the program and may take place at

any time after placement in the program.

2. The family drug court assessment shall determine the

elements of the family drug court treatment plan which the parent,

parents or legal guardian shall be required to comply with if

admitted to the program. Any subsequent assessments or evaluations

by the treatment provider may be used to determine modifications

needed to the original family drug court treatment plan.

3. The family drug court assessment shall include, but not be

limited to, the following information:

a. the age and physical condition of the child or

children,

b. family employment,

c. educational background and literacy level,

d. community and family relations,

e. prior and current drug and alcohol use,

f. behavioral health and medical treatment

history,

g. demonstrable motivation of the family, and

h. other mitigating or aggravating factors.

C. When a family is determined to be appropriate for admittance

to the program, regardless of whether the child or children are in

the custody of the Department of Human Services, the treatment staff

shall make a recommendation for the treatment program or programs

that are available in the jurisdiction and which would benefit the

family and child or children.

D. 1. Any statement made by the parent or legal guardian to

any supervising staff during the course of any drug court assessment

and subsequent to the admission of the parent or legal guardian to

the family drug court program, as well as any report of findings and

recommendations, shall not be admissible in any other case pending

against the parent or legal guardian, nor shall such be grounds for

the revocation of a parent or legal guardian from the program.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 132

2. The restrictions provided in this section shall not preclude

the admissibility of statements or evidence obtained by the state

from independent sources.
Okla. Stat. tit. 10A, § 10A-2-7-306 — OK Code / Title 10A / Section 10A-2-7-306
Designation of organizations as Youth Services
Status: in_force

Agencies - Termination of designation - Contract administration.

A. Funds specifically appropriated to the Office of Juvenile

Affairs for designated Youth Services Agency programs for both the

Office of Juvenile Affairs and the Department of Human Services or

funds allocated by the Department of Human Services for designated

Youth Services programs and provided to the Office of Juvenile

Affairs by interagency agreement shall be made available through

contracts negotiated by the Office of Juvenile Affairs to

organizations designated by the Board of Juvenile Affairs as "Youth

Services Agencies". All core community-based programs and services

to be performed by a Youth Services Agency during a contract period

shall be included in one contract or contract extension for that

period. Designations of Youth Services Agencies by the Board shall

be granted based on community needs, as indicated in the State Plan

for Youth Services Agencies which shall be adopted by rule by the

Board. The State Plan for Youth Services Agencies shall be adopted

in accordance with criteria approved by the Board of Juvenile

Affairs after full consideration of any recommendations of the

Department of Human Services and the Oklahoma Association of Youth

Services. The criteria and plan adopted by the Board shall

designate community-based Youth Services Agency Service Areas that

will serve as the primary catchment area for each Youth Services

Agency. Until the criteria is established by the Board, the

criteria established by the Commission for Human Services shall

remain in effect. The criteria for designation of Youth Services

Agencies shall include but shall not be limited to:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 412

1. Capability to deliver all or part of the compensable

services enumerated in Section 2-7-303 of this title, if the Youth

Services Agency is to provide such services;

2. Capability to deliver all or part of the compensable

children's services that the Department of Human Services is

authorized to provide for by contract with a private agency, if the

Youth Services Agency is to provide such services;

3. Adequate and qualified staff who are available as needed,

within a reasonable time after being contacted for services in each

county served by the agency;

4. Adequate services in the Youth Services Agency Area served

by the agency;

5. Financial viability;

6. A documented need for the local services to be offered as

determined by a local needs assessment for the Youth Services Agency

Service Area that shall be reviewed and approved or modified by the

Board and included in the State Plan for Youth Services Agencies;

and

7. Any negative impact on the ability to provide services or

the financial viability of an existing Youth Services Agency.

As used in this section, "financial viability" means the ability

of a Youth Services Agency to continue to achieve its operating

objectives and fulfill its mission over the long term. When

determining the financial viability of a Youth Services Agency, the

Office of Juvenile Affairs shall develop an analysis that takes into

consideration the three (3) previous fiscal years' financial audits,

if available; the previous fiscal year program audits, if available;

the current fiscal year financial position; and one-year future

revenue and expenditure projection.

B. The criteria for designation of Youth Services Agencies also

may include:

1. Successful completion of an initial peer review by the

Oklahoma Association of Youth Services or another Oklahoma nonprofit

corporation whose membership consists solely of Youth Services

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

are members; and

2. Such other criteria as the Board of Juvenile Affairs

determines appropriate.

C. Each Youth Services Agency receiving, by grant or contract

from the Department of Human Services on June 30, 1995, state funds

specifically appropriated for community-based youth services

programs, is hereby automatically designated a "Youth Services

Agency".

D. The Board of Juvenile Affairs, on recommendation of the

Office of Juvenile Affairs, may terminate the designation of a Youth

Services Agency that:

1. Is seriously deficient in the administration of its program;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 413

2. Loses financial viability; or

3. Fails to successfully complete the annual peer review

process by the Oklahoma Association of Youth Services or another

Oklahoma nonprofit corporation whose membership consists solely of

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

Services Agencies are members.

Before the Board of Juvenile Affairs terminates the designation

of a Youth Services Agency, the Office of Juvenile Affairs shall

complete a report documenting its reasons for the termination. The

report shall be submitted to the Board for review. The report shall

contain an analysis of the program administration, financial

viability and most recent peer review report of the Youth Services

Agency. The Office of Juvenile Affairs shall also develop a plan to

ensure that services provided by the Youth Services Agency whose

designation is being terminated shall continue to be provided by

another Youth Services Agency or agencies. In developing the plan,

the Office of Juvenile Affairs shall give full consideration to any

recommendations of the Oklahoma Association of Youth Services. The

plan shall be submitted to the Board as part of the report

documenting the reasons for termination of the Youth Services Agency

by the Office of Juvenile Affairs.

Any applicant organization denied designation as a Youth

Services Agency or any Youth Services Agency whose designation as a

Youth Services Agency is being terminated, is entitled to an

individual proceeding as provided in Article II of the

Administrative Procedures Act.

E. No Youth Services Agency shall be eligible to receive

funding until the beginning of the fiscal year after it receives its

designation as a Youth Services Agency unless it is replacing a

Youth Services Agency whose designation has been terminated. No

Youth Services Agency shall receive funding for the first time if

such funding will result in lowering the contract amount from the

previous fiscal year for any existing Youth Services Agency.

F. The Office of Juvenile Affairs shall be the sole

administrator of Youth Services Agency contracts. Any contracting

procedure shall include a procedure for converting all contracts to

a system of payment which will be structured in a manner that will

allow for the receipt of all available federal funds. Provided, the

Office of Juvenile Affairs shall make no requirement that would

require a juvenile to be inappropriately diagnosed for the purpose

of receiving federal reimbursement for services.

G. The Office of Juvenile Affairs and the Department of Human

Services shall enter into a cooperative agreement that establishes

procedures to ensure the continuation of services provided for in

paragraph 2 of subsection A of this section by Youth Services

Agencies. The Office of Juvenile Affairs shall consult with the

Department of Human Services when assessing the capability of a

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 414

Youth Services Agency to deliver services pursuant to paragraph 2 of

subsection A of this section.

H. Funds for the support of Youth Services Agencies shall be

authorized by the Office of Juvenile Affairs only on the basis of

cost reimbursement performance contracts or fee-for-service

contracts. If a Youth Services Agency provides some services on a

fee-for-services basis and some services on a cost reimbursement

basis, no cost which has been included as part of the rate for

services provided on a fee-for-service basis shall be reimbursable

under the cost reimbursement portion of the contract. Fees charged

for annual peer reviews shall be reimbursable.

I. The Board may establish a fixed and uniform rate for any

community-based prevention service, including services to

individuals, groups, and community relations directed toward the

larger community, so long as the segment of the larger community or

target audience of persons to benefit is identified and the specific

prevention activities to be performed are described in the rate.

J. Contracts for the support of, or for services by, Youth

Services Agencies shall be negotiated in the following manner:

1. The local board of the Youth Services Agency, based upon its

knowledge and assessment of the needs of the community, shall

prepare and present to the Office of Juvenile Affairs a proposal to

provide community-based services to juveniles and families in the

youth services service area in which it is located. The proposal

shall be specific in terms of its program objectives and goals and

the services the Youth Services Agency proposes to render;

2. Upon receipt of the proposal of the Youth Services Agency,

the Office of Juvenile Affairs shall determine if the proposal meets

the criteria adopted by the Board of Juvenile Affairs in the State

Plan for Youth Services Agencies and, within the resources

available, meets the need for community-based services in the youth

services service area. If no State Plan for Youth Services exists,

the proposal shall be deemed to meet the need for community-based

services in the youth services area;

3. Contracts shall require performance of a specific service or

services to be performed. Where the services cannot be broken down

into units, specifically measurable and reviewable services shall be

stated. Contracts may contain requirements of performance based

upon measurable quality outcome indicators. Documentation required

for monitoring and evaluation of the contract shall be consistent

with the terms of the contract, shall be in accordance with

generally accepted governmental accounting practices, and so far as

possible, sufficient for the Office of Juvenile Affairs to monitor

the performance of the contract without being overly burdensome to

the Youth Services Agency. The documentation to be required is the

proper subject of negotiation as part of the contracts, and the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 415

parties may rely on the Office of Management and Enterprise Services

for assistance if they are unable to reach agreement;

4. The Office of Juvenile Affairs and the Youth Services Agency

shall negotiate the final terms and enter into the contract. Youth

Services Agencies may authorize the Oklahoma Association of Youth

Services or another Oklahoma nonprofit corporation, whose membership

consists solely of Youth Services Agencies and of whom at least a

majority of Youth Services Agencies are members, to negotiate on

their behalf; and

5. The Office of Juvenile Affairs and a Youth Services Agency

may agree to extend their fiscal year 2006 contracts for a period

not to exceed one (1) year in order to implement the provisions of

this subsection. The amount of money in the contracts may be

amended to reflect any change in the money appropriated for fiscal

year 2007 for community-based service agencies.

K. Contracts with Youth Services Agencies for community-based

services shall be for a period of twelve (12) months, beginning at

the first of each fiscal year, and renewable on an annual basis.

Contracts shall be considered during the third and fourth quarter of

the fiscal year for contracting the following year. Consideration

for renewal shall include a review of the performance of the current

contract including the annual peer review. If the Office of

Juvenile Affairs determines the contractual relationship shall be

renewed, it shall be in a new contract for the upcoming fiscal year

and may or may not contain the same terms, conditions, form and

format as the previous contract. Any change from the contract of

the previous year that is proposed by the Youth Services Agency or

the Office of Juvenile Affairs shall be the subject of negotiation

at the request of either party.

L. The Oklahoma Association of Youth Services, or another

Oklahoma nonprofit corporation whose membership consists solely of

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

Services Agencies are members may provide technical assistance to

the Youth Services Agencies in the preparation and presentation of

their proposals or negotiations as requested by a Youth Services

Agency.

M. The Office of Juvenile Affairs is authorized to contract

with the Oklahoma Association of Youth Services or another Oklahoma

nonprofit corporation whose membership consists solely of Youth

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

Agencies are members for evaluation, training and program materials

and for statewide office support, including rental of office space

and general technical assistance for Youth Services Agencies with

which the Office of Juvenile Affairs has contracts.
Okla. Stat. tit. 10, § 10-1430.20 — OK Code / Title 10 / Section 10-1430.20
Statement of rights and responsibilities - Denial of
Status: in_force

appropriate care based on resident's source of payment - Staff

training – Limitation of rights - Report of violations - Death of

resident.

A. Rules promulgated by the Director of Human Services

regarding the rights and responsibilities of residents shall be

available in each group home subject to the provisions of the Group

Homes for Persons with Developmental or Physical Disabilities Act,

and each resident and guardian or advocate of the resident, if any,

shall be provided a copy of these rules prior to or upon admission.

The provider or licensee shall ensure that the staff is familiar

Oklahoma Statutes - Title 10. Children Page 250

with and observes the rights and responsibilities enumerated in this

section.

B. A statement of rights and responsibilities shall include,

but not be limited to, the following:

1. Every resident's civil and religious liberties, including

the right to independent personal decisions and knowledge of

available choices, shall not be infringed and the provider shall

encourage and assist in the exercise of these rights;

2. Every resident shall have the right to have private

communications and consultations with the physician, attorney or any

other person of the resident's choice, and may send and promptly

receive, unopened, the resident's personal mail;

3. Every resident shall have the right, without fear of

reprisal, to present grievances on behalf of the resident or others

to the provider's staff or administrator, to governmental officials

or to any other person, and to join with other residents or

individuals within or outside of the facility to work for

improvements in resident care;

4. Every resident shall have the right to manage his or her own

financial affairs, unless the resident delegates the responsibility,

in writing, to the provider. The resident shall have at least a

quarterly accounting of any personal financial transactions

undertaken in the resident's behalf by the provider during any

period of time the resident has delegated such responsibilities to

the provider;

5. Every resident shall have the right to receive adequate and

appropriate medical care consistent with established and recognized

medical practice standards within the community. Every resident

shall be fully informed by the resident's attending physician of the

resident's own medical condition and proposed treatment in terms and

language that the resident can understand, and shall have the right

to refuse medication and treatment after being fully informed of and

understanding the consequences of such actions;

6. Every resident shall receive respect and privacy in the

resident's medical care program. Case discussion, consultation,

examination and treatment shall remain confidential and shall be

conducted discreetly. Personal and medical records shall be

confidential;

7. Every resident shall have the right to retain and use his or

her personal clothing and possessions, unless prohibited by law, and

shall have the right to security in the storage and use of such

clothing and possessions;

8. Every resident shall have the right to be treated

courteously and respectfully and shall be furnished by the provider

with a written statement of the services and related charges;

9. Every resident shall be free from mental and physical abuse,

and free from physical and chemical restraints, except those

Oklahoma Statutes - Title 10. Children Page 251

physical and chemical restraints which are authorized in writing by

a physician, in accordance with rules promulgated by the Department,

for a specified period of time;

10. Every resident shall receive a statement of the provider's

guidelines and an explanation of the resident's responsibility to

comply with all reasonable regulations of the group home and to

respect the personal rights and private property of the other

residents;

11. Every resident shall receive a statement that should theyresident's source of payment - Staff training – Limitation of rights - Report of violations - Death ofes promulgated by the Department,

for a specified period of time;

10. Every resident shall receive a statement of the provider's

guidelines and an explanation of the resident's responsibility to

comply with all reasonable regulations of the group home and to

respect the personal rights and private property of the other

residents;

11. Every resident shall receive a statement that should they

be adjudicated incompetent, the above rights and responsibilities

shall be exercised by a court-appointed guardian;

12. No resident shall be required to perform services for a

provider, except for normal, shared household tasks;

13. Every resident shall have privacy for conjugal visits. A

resident may share a room with a spouse, if the spouse is residing

in the same group home; and

14. Every resident shall be entitled to all rights provided in

OAC 340:100-3-1.2.

C. No provider shall deny appropriate care on the basis of the

resident's source of payment.

D. Each provider shall provide appropriate staff training to

implement each resident's rights as stated in this section.

E. The rights enumerated in subsection B of this section may be

limited for residents of an alternative group home, as described in

OAC 340:100-5-22.6, if the resident has been placed in the

alternative group home pursuant to Section 1175.6b or Section

1175.6c of Title 22 of the Oklahoma Statutes, or if the resident has

an intellectual disability and a current community protection issue,

which include, but are not limited to:

1. Allegation(s), charge, or conviction of a sexual offense;

2. A history of stalking or opportunistic behavior which

demonstrates a likelihood of committing a sexually violent or

predatory act;

3. A pattern of violence towards others;

4. A diagnosis of an intellectual disability and mental illness

with ongoing episodes that are dangerous as defined in Section

1175.1 of Title 22 of the Oklahoma Statutes; or

5. Evidence of commission of a violent crime.

F. An action may be brought against an individual by any

resident who is injured by any violation of this section, or who

shall suffer injury from any person whose threats would cause a

violation of this section if carried through, may maintain an action

to prevent, restrain or enjoin a violation or threatened violation.

If a violation or threatened violation of this section shall be

established in any action, the court shall enjoin and restrain or

otherwise prohibit the violation or threatened violation and assess

in favor of the plaintiff and against the defendant the cost of the

Oklahoma Statutes - Title 10. Children Page 252

suit, and the reasonable attorney fees incurred by the plaintiff.

If damages are alleged and proved in the action, the plaintiff shall

be entitled to recover from the defendant the actual damages

sustained by the plaintiff. If it is proved in an action that the

defendant's conduct was willful or in reckless disregard of the

rights provided by this section, punitive damages may be assessed.

G. Any employee of the Department of Human Services who

inspects any group home shall report any flagrant violations of

Section 1430.1 et seq. of this title or any other statute to the

Director of Human Services, or a designee, who shall immediately

take whatever steps are necessary to correct the situation

including, when appropriate, reporting the violation to the district

attorney of the county in which the violation occurred.

H. Upon the death of a resident who has no sources of payment

for funeral services, the provider shall immediately notify

appropriate county officials who shall be responsible for funeral

and burial procedures of the deceased in the same manner as with any

indigent resident of the county.
Okla. Stat. tit. 10A, § 10A-2-7-613 — OK Code / Title 10A / Section 10A-2-7-613
Office of Juvenile Affairs - Foster care
Status: in_force

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 441

A. The Office of Juvenile Affairs shall establish a program of

foster care for children in the custody of the Office of Juvenile

Affairs, and in implementing the program of foster care, shall:

1. Recruit foster families for children in the custody of the

Office of Juvenile Affairs;

2. Contract with foster parents and child-placing agencies to

provide foster care services to children within the custody of the

Office of Juvenile Affairs;

3. Exercise supervision over all foster placements with whom

the Office of Juvenile Affairs has a contract for foster care

services;

4. Establish rules and standards for providing foster care

services in addition to those required by the Oklahoma Child Care

Facilities Licensing Act;

5. Require initial and ongoing foster parent training and

education programs; and

6. Establish a grievance procedure in accordance with rules

promulgated by the Board of Juvenile Affairs, including a statement

of foster parent rights, for foster parents with whom the Office of

Juvenile Affairs contracts.

B. The Office of Juvenile Affairs shall not be liable for any

costs or expenses expended voluntarily by a foster parent for a

foster child which are in excess of the funds authorized for

providing foster care services to the foster child.
Okla. Stat. tit. 10A, § 10A-2-2-703 — OK Code / Title 10A / Section 10A-2-2-703
Expenses for care and maintenance of child
Status: in_force

A. If, after notice to the parent or parents of the child or

other persons legally obligated to care for and support the child,

and after affording said person or persons an opportunity to be

heard, the court finds that the parent or parents of the child or

other person is able to pay all or part of the costs and expenses

set forth in paragraphs 1 through 4 of this subsection, the court

may order the person or persons to pay the same and prescribe the

method of payment, as follows:

1. Reimburse the court fund, in whole or in part, for any disbursements made

from the court fund in conjunction with the case, including, but not limited to,

court-appointed attorney fees, expert witness fees, sheriff's fees, witness fees,

transcripts and postage;

2. Pay for the care and maintenance of the child, including, but not limited

to, all or some part of placement services, medical care, behavioral health

services, outcome incentive payments for providers and reasonable monthly

expenses, as authorized by law;

3. Reimburse the Office of Juvenile Affairs, in whole or in part, for any

costs and expenses incurred by the Office in providing any services or authorized

actions taken pursuant to the Oklahoma Juvenile Code for the child; and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 327

4. Reimburse any law enforcement agency, in whole or in part, for any costs

or expenses incurred by the law enforcement agency for custodial services or other

authorized actions taken pursuant to the Oklahoma Juvenile Code.

The court may also order the assignment of benefits of medical insurance

coverage for the child to the Office of Juvenile Affairs for the period of time

the child is in the custody of the Office of Juvenile Affairs.

B. The court shall use the child support guidelines provided for in Section

118 of Title 43 of the Oklahoma Statutes in determining the amount a parent is to

pay for care and maintenance of a child. If any parent is financially able but

has willfully failed to pay any costs or reimbursements as ordered by the court

pursuant to this section, the parent may be held in indirect civil contempt of

court and, upon conviction, shall be punished pursuant to Section 566 of Title 21

of the Oklahoma Statutes.

C. The court shall have the right, upon conducting an evidentiary hearing,

to modify its orders for care and maintenance, as the conditions or needs of the

child or children may require and the ability of the person or persons held to pay

may afford. The court may order support payments to be made pursuant to Section

413 of Title 43 of the Oklahoma Statutes, to the Department of Human Services

Centralized Support Registry.
Okla. Stat. tit. 10, § 10-7302-6.6 — OK Code / Title 10 / Section 10-7302-6.6
Renumbered as § 2-7-606 of Title 10A by Laws 2009, c
Status: in_force

234, § 174, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1430.8 — OK Code / Title 10 / Section 10-1430.8
Liability for injury to resident - Actions - Remedies -
Status: in_force

Waivers - Jury trial - Retaliation - Privileges and immunities -

Report of abuse, neglect or exploitation.

A. The provider is liable to a resident for any intentional or

negligent act or omission of their agents or employees which injures

the resident. Also, any state employee that aids, abets, assists,

or conspires with a provider to perform an act that causes injury to

a resident shall be individually liable.

B. A resident may maintain an action under this act for any

other type of relief, including injunctive and declaratory relief,

permitted by law.

C. Any damages recoverable under this section, including

minimum damages as provided by this section, may be recovered in any

action which a court may authorize to be brought as a class action.

The remedies provided in this section, are in addition to and

cumulative with any other legal remedies available to a resident.

Exhaustion of any available administrative remedies shall not be

required prior to commencement of suit hereunder.

Oklahoma Statutes - Title 10. Children Page 240

D. Any waiver by a resident or the resident's guardian or

advocate of the right to commence an action under this section,

whether oral or in writing, shall be null and void, and without

legal force or effect.

E. Any party to an action brought under this section shall be

entitled to a trial by jury and any waiver of the right to a trial

by a jury, whether oral or in writing, prior to the commencement of

an action, shall be null and void, and without legal force or

effect.

F. No provider or licensee, or agents or employees of a

provider or licensee shall transfer, discharge, evict, harass,

dismiss or retaliate against a resident, a guardian or advocate of a

resident, or an employee or agent who makes a report, brings, or

testifies in, an action under this section, or files a complaint

because of a report, testimony or complaint.

G. Any person, institution or agency, under this act,

participating in good faith in the making of a report, or in the

investigation of such a report shall not be deemed to have violated

any privileged communication and shall have immunity from any

liability, civil or criminal, or any other proceedings, civil or

criminal, as a consequence of making such report.

H. An employee or agent of a provider or licensee who becomes

aware of abuse, neglect or exploitation of a resident shall

immediately report the matter as required by Section 10-104 of Title

43A of the Oklahoma Statutes. A group home administrator who

becomes aware of abuse, neglect or exploitation of a resident shall

make a report as required by Section 10-104 of Title 43A of the

Oklahoma Statutes and take immediate action to ensure the health and

safety of the resident.
Okla. Stat. tit. 10, § 10-1106 — OK Code / Title 10 / Section 10-1106
Renumbered as § 7003-3.6 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-1507.7 — OK Code / Title 10 / Section 10-1507.7
Renumbered as § 7302-3.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-601.6b — OK Code / Title 10 / Section 10-601.6b
State Plan for Services to Children and Youth – Topic-
Status: in_force

specific reports.

A. On or before July 1, 2024, and on or before July 1 of every

third year thereafter, the Oklahoma Commission on Children and Youth

shall transmit to the Director of the Office of Management and

Enterprise Services, the director of each affected agency, the

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

Representatives, and the Governor a copy of the State Plan for

Services to Children and Youth for the next three (3) fiscal years.

B. The Office of Planning and Coordination, with the assistance

of the Office of Management and Enterprise Services and affected

agencies, may assemble topic-specific reports regarding services to

children, youth, and families to include program descriptions, past

and current expenditures, future budget requests, and a description

Oklahoma Statutes - Title 10. Children Page 150

of program outcomes as directed by the Legislature or the

Commission.
Okla. Stat. tit. 10A, § 10A-2-2-401.7 — OK Code / Title 10A / Section 10A-2-2-401.7
Court responses to competency determination
Status: in_force

A. After a hearing pursuant to Section 2-2-401.6 of this title,

if the court determines by a preponderance of the evidence that the

child is competent to proceed, the delinquency or youthful offender

proceedings shall be resumed as provided by law.

B. After a hearing pursuant to Section 2-2-401.6 of this title,

if the court determines by the preponderance of the evidence that

the child is incompetent to proceed and cannot attain competency

within the period of time application under subparagraph a of

paragraph 3 of subsection C of this section, the court shall dismiss

the petition or information without prejudice, and take either of

the following actions:

1. Refer the matter to the Oklahoma Department of Human

Services and request a determination whether a deprived action

should be filed in accordance with the Oklahoma Children's Code

alleging that the child is a neglected, abused or dependent child;

or

2. Refer the matter to the district attorney for consideration

of initiating a Child in Need of Supervision or Minor in Need of

Mental Health and Substance Abuse Treatment proceeding in accordance

with the Oklahoma Juvenile Code or Inpatient Mental Health and

Substance Abuse Treatment of Minors Act.

C. If the court determines by a preponderance of the evidence

that a child is incompetent to proceed but may likely attain

competency, the court shall stay the proceedings and order the child

to receive services designated to assist the child in attaining

competency, based upon the recommendations in the competency

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 297

evaluation report unless the court makes specific findings that the

recommended services are not justified. The court shall order the

child's parent or legal guardian to contact a court-designated

provider by a specified date to arrange for services.

1. The competency attainment services provided to a child shall

be based on a court-approved competency attainment plan described in

paragraph 2 of subsection D of this section, and are subject to the

conditions and time periods required pursuant to this section

measured from the date the court approves the plan.

2. The court shall order that the competency attainment

services ordered are provided in the least-restrictive environment,

taking into account the public safety and the best interests of the

child. If the child has been released on temporary orders and

refuses or fails to cooperate with the service provider, the court

may modify the orders to require a more appropriate setting.

3. No child shall be required to participate in competency

attainment services for longer than is required to attain

competency. The following maximum periods of participation shall

apply:

a. if the services are provided, the child shall not

participate in those services for a period exceeding

six (6) months or upon the child's 18th birthday, or

up to the child's 19th birthday if ordered by the

court in order to complete the six (6) months of

treatment, if the child is charged with an act that

would be a misdemeanor if committed by an adult,

b. if the services are provided, the child shall not

participate for a period exceeding twelve (12) months

or upon the child's 18th birthday, or up to the

child's 19th birthday if ordered by the court in order

to complete the twelve (12) months of treatment, if

the child is charged as a delinquent or youthful

offender for an act that would be a felony if

committed by an adult.

D. 1. Within ten (10) judicial days after the court orders the

provider responsible for the child's competency attainment services,

the court shall deliver to that provider:

a. the name and address of the child's counsel,

b. a copy of the child's Petition or Information,

c. a copy of the competency evaluation report,

d. the name, address, and phone number of the child's

parents or legal guardian,

e. the name of the Office of Juvenile Affairs employee or

Juvenile Bureau employee responsible for the intake,

supervision, or custody of the child, if adjudicated,

f. the name of the Department of Human Services

caseworker, if any, and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 298

g. any other relevant documents or reports concerning the

child's health that have come to the attention of the

court.

2. Not later than ten (10) judicial days after the child

contacts the competency attainment provider, a plan for the child to

attain competency shall be submitted to the court by the provider.

The court shall provide copies of the plan to the district attorney,

the child's attorney, the guardian ad litem, if any, the Office of

Juvenile Affairs or Juvenile Bureau, and the child's parent or legal

guardian.

E. The provider shall submit reports to the court pursuant to

the following schedule:

1. Every ninety (90) calendar days and upon completion or the

termination of services. Each report shall include the following:

a. the services provided to the child, including

medication, education and counseling,

b. the likelihood that the competency of the child to

proceed will be restored within the applicable period

of time set forth in subparagraph a of paragraph 3 of

subsection C of this section, and

c. the progress made towards the goals and objectives for

the restoration of competency identified in the

recommendations from the competency evaluation as

adopted by the court;

2. Three (3) judicial days after the provider's determination

that the child is not cooperating to a degree that would allow the

services to be effective to help the child attain competency;

3. Three (3) judicial days after the provider's determination

that the current setting is no longer the least-restrictive setting

that is consistent with the child's ability to attain competency and

taking into account the public safety and the best interests of the

child. The provider shall include in the report an assessment of

the danger the child poses to himself, herself or others and an

assessment of the appropriateness of the placement;

4. Three (3) judicial days after the provider's determination

that the child has achieved the goals of the plan and would be able

to understand the nature and objectives of the proceedings against

the child, to assist in the child's defense, and to understand and

appreciate the consequences that may be imposed or result from the

proceedings with or without reasonable accommodations. The report

shall include recommendations for the accommodations that would be

necessary or advantageous; and

5. Three (3) judicial days after the provider's determination

that the child will not achieve the goals of the plan within the

applicable period of time pursuant to subparagraph a of paragraph 3

of subsection C of this section. The report shall include

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 299

recommendations for services for the child and taking into account

the public safety and the best interests of the child.

F. The court shall provide copies of any report made by the

provider to the district attorney, the child's attorney, the child's

intake worker, and the child's guardian ad litem, if any. The court

shall provide copies of any reports made by the provider to the

child's parents or legal guardians, unless the court finds that

doing so is not in the best interest of the child.

G. Within fifteen (15) judicial days after receiving a

provider's report, the court may hold a hearing to determine if a

new order is necessary.

1. If the court determines that the child is not making

progress toward competency or is so uncooperative that attainment

services cannot be effective, the court may order a change in

setting or services that would help the child attain competency

within the relevant period of time as set forth in subparagraph a of

paragraph 3 of subsection C of this section.

2. If the court determines that the child has not or will not

attain competency within the relevant period of time as set forth in

subparagraph a of paragraph 3 of subsection C of this section, the

court shall dismiss the delinquency or youthful offender charge

without prejudice.

3. A dismissal under paragraph 2 of this subsection shall not

preclude a future delinquent child or youthful offender proceeding

as provided for under this title.

H. After a hearing held pursuant to subsection G of this

section, if the court determines that the child has attained

competency, the court shall proceed with the delinquency or youthful

offender proceeding in accordance with the provisions of the

Juvenile Code.

I. A dismissal under this section does not bar a civil action

based on the acts or omissions that formed the basis of the petition

or information.
Okla. Stat. tit. 10, § 10-1430.33 — OK Code / Title 10 / Section 10-1430.33
Notice of voluntary closing - Alternative placement of
Status: in_force

residents.

Any provider or licensee operating under the Group Homes for

Persons with Developmental or Physical Disabilities Act shall give

ninety (90) days' notice prior to voluntarily closing a group home

or closing any part of a group home, or prior to closing any part of

a group home if closing such part will require the transfer or

discharge of more than ten percent (10%) of the residents. Such

notice shall be given to the Department of Human Services, to any

resident who must be transferred or discharged, to the resident's

guardian or advocate, and to a member of the resident's family,

where practicable. Notice shall state the proposed date of closing

and the reason for closing. The provider or licensee shall offer to

assist the resident in securing an alternative placement and shall

advise the resident on available alternatives. Where the resident

is unable to choose an alternative placement and is not under

guardianship, the Department shall be notified of the need for

relocation assistance. The provider or licensee shall comply with

all applicable laws and rules until the date of closing, including

those related to transfer or discharge of residents. The Department

may place a relocation team in the group home if needed. Also, the

Department may promulgate rules that establish criteria for the

acceleration of the notice requirement if extraordinary

circumstances warrant it.
Okla. Stat. tit. 10, § 10-7700-621 — OK Code / Title 10 / Section 10-7700-621
Admissibility of genetic-testing results - Testimony
Status: in_force

of experts - Medical bills.

A. Except as otherwise provided in subsection C of this

section, a record of a genetic-testing expert is admissible as

evidence of the truth of the facts asserted in the report unless a

party objects to its admission within fourteen (14) days after its

mailing and cites specific grounds for exclusion. The admissibility

of the report is not affected by whether the testing was performed:

1. Voluntarily or pursuant to an order of the court or the

Department of Human Services; or

Oklahoma Statutes - Title 10. Children Page 410

2. Before or after the commencement of the proceeding.

B. A party objecting to the results of genetic testing may call

one or more genetic-testing experts to testify in person or by

telephone, videoconference, deposition, or another method approved

by the court. Unless otherwise ordered by the court, the party

offering the testimony bears the expense for the expert testifying.

C. If a child has a presumed, acknowledged, or adjudicated

father, the results of genetic testing are inadmissible to

adjudicate parentage unless performed pursuant to an order of the

court under Sections 7700-502 and 7700-608 of this title.

D. Copies of bills for genetic testing and for prenatal and

postnatal health care for the mother and child which are furnished

to the adverse party not less than ten (10) days before the date of

a hearing are admissible to establish:

1. The amount of the charges billed; and

2. That the charges were reasonable, necessary, and customary.
Okla. Stat. tit. 10, § 10-60.3 — OK Code / Title 10 / Section 10-60.3
Renumbered as § 7503-1.1 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7700-510 — OK Code / Title 10 / Section 10-7700-510
Testing of identical brother – Use of nongenetic
Status: in_force

evidence.

A. The court may order genetic testing of a brother of a man

identified as the father of a child if the man is commonly believed

to have an identical brother and evidence suggests that the brother

may be the genetic father of the child.

B. If each brother satisfies the requirements as the identified

father of the child under Section 27 of this act without

consideration of another identical brother being identified as the

Oklahoma Statutes - Title 10. Children Page 405

father of the child, the court may rely on nongenetic evidence to

adjudicate which brother is the father of the child.
Okla. Stat. tit. 10, § 10-24.1 — OK Code / Title 10 / Section 10-24.1
Appointment of volunteer attorneys for indigent children
Status: in_force

not entitled to representation by Indigent Defense System.

Effective July 1, 1996, the duties and responsibilities for

legal representation to indigent children who are subject to any

proceeding or appeal provided for in the Oklahoma Children's Code,

mental health proceeding and appeal, guardianship proceeding and

appeal, private termination of parental rights proceeding and

appeal, family law proceeding and appeal addressing custody or

visitation and appeal, civil case in which the child is a defendant,

criminal proceeding for a crime in which the child was a victim, and

in-need-of-supervision proceeding shall no longer be provided by the

Indigent Defense System, but shall be provided by volunteer

attorneys appointed by the court pursuant to subsection K of Section

1355.8 of Title 22 of the Oklahoma Statutes.
Okla. Stat. tit. 10, § 10-1507.4 — OK Code / Title 10 / Section 10-1507.4
Renumbered as § 7302-2.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-1-6-104 — OK Code / Title 10A / Section 10A-1-6-104
Redaction of other children's information
Status: in_force

Where more than one child is included in a juvenile court

record, the court may order the names and information of the other

children redacted as a condition of granting access or copies of the

record. Alternatively, the court may prohibit disclosure of the

record where redaction is not practical or possible.
Okla. Stat. tit. 10A, § 10A-2-8-106 — OK Code / Title 10A / Section 10A-2-8-106
Annual registration - Notification of change of name
Status: in_force

and address.

An adjudicated juvenile sex offender ordered to register on the

juvenile sex offender registry shall be subject to annual

registration and change of name and address notification pursuant to

this act, except during periods when the juvenile is in the custody

of the Office of Juvenile Affairs.
Okla. Stat. tit. 10, § 10-1628 — OK Code / Title 10 / Section 10-1628
Missing child 16 and under - Investigation of
Status: in_force

disappearance.

It is hereby made the duty of any sheriff, chief of police, city

marshal, constable, or any other law enforcement officer, upon

notification of a report of a missing child sixteen (16) years and

under, to immediately initiate an investigation into the

disappearance of said child.
Okla. Stat. tit. 10, § 10-7003-5.5a — OK Code / Title 10 / Section 10-7003-5.5a
Renumbered as § 1-4-806 of Title 10A by Laws 2009,
Status: in_force

c. 233, § 252, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7302-5.4 — OK Code / Title 10 / Section 10-7302-5.4
Renumbered as § 2-7-504 of Title 10A by Laws 2009, c
Status: in_force

234, § 173, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-7-304 — OK Code / Title 10A / Section 10A-2-7-304
Financial agreements
Status: in_force

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

coordinator for juvenile justice and delinquency prevention

services, is hereby authorized to enter into financial agreements

with federal, state and local agencies or entities of government, or

with any private agency, for juvenile delinquency prevention

programs and juvenile treatment programs.
Okla. Stat. tit. 10, § 10-7302-3.5 — OK Code / Title 10 / Section 10-7302-3.5
Renumbered as § 2-7-305 of Title 10A by Laws 2009, c
Status: in_force

234, § 171, emerg. eff. May 21, 2009.Oklahoma Statutes - Title 10. Children Page 18
Okla. Stat. tit. 10, § 10-1411.2 — OK Code / Title 10 / Section 10-1411.2
Developmental Disabilities Services Division waiting
Status: in_force

list - Voucher waiver program.

Subject to the availability of funds, the Developmental

Disabilities Services Division (DDSD) of the Department of Human

Services shall, within six (6) months of the effective date of this

act, design and implement a voucher waiver program to serve persons

on the DDSD waiting list. The purpose of the voucher waiver program

shall be to facilitate and support the service choices made by the

client and the parent or guardian of the client and shall include,

but not be limited to:

1. A service determination process which takes into account

whether services exist and are available and accessible to the

client, including, but not limited to:

a. respite care,

b. physical therapy,

c. occupational therapy,

d. speech therapy,

Oklahoma Statutes - Title 10. Children Page 214

e. vocational services,

f. habilitation training services,

g. dental services,

h. psychological services,

i. nutritional services,

j. nursing services,

k. Early and Periodic Screening Diagnosis and Treatment

(EPSDT) Services,

l. medical services,

m. transportation services, and

n. pharmacy services;

2. The provision of services through any public or private

intermediate care facility; and

3. A system for the identification and payment of service

providers, including fiscal intermediaries.
Okla. Stat. tit. 10, § 10-1116.2 — OK Code / Title 10 / Section 10-1116.2
See the following versions:
Status: in_force

OS 10-1116.2v1 (HB 1382, Laws 2024, c. 237, § 1).

OS 10-1116.2v2 (SB 696, Laws 2024, c. 347, § 7).
Okla. Stat. tit. 10A, § 10A-1-9-116 — OK Code / Title 10A / Section 10A-1-9-116
Foster parent training and continuing education
Status: in_force

A. The Department of Human Services and each child-placing

agency shall develop:

1. A foster care education program to provide training for

persons intending to furnish foster care services; and

2. Continuing educational programs for foster parents.

B. 1. In addition to any other conditions and requirements

specified by the state agency or child-placing agency, as

applicable, prior to placement of a child in foster placement other

than kinship care, each foster parent shall have completed the

training approved by the Department or the child-placing agency, as

appropriate.

2. A foster parent providing kinship foster care shall, if

possible, complete the training developed by the Department for

kinship foster care prior to placement or at such other times as

required by the Department; provided, however, in no event shall

training take place later than one hundred twenty (120) days after

placement of the child with the kinship foster parent. Until a

kinship foster parent receives final approval from the Department to

provide foster care services to a child, the kinship foster parent

shall not be eligible to receive any payment for providing foster

care services.

3. Approved training shall require a minimum of twelve (12)

hours of study related, but not limited, to physical care,

education, learning disabilities, procedures for referral to and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 243

receipt of necessary professional services, behavioral assessment

and modification, transition to successful adulthood skills, and

procedures for biological parent contact. Such training shall

relate to the area of parental substitute authority, the reasonable

and prudent parent standard relative to child participation in age-

appropriate or developmentally appropriate activities, behavioral

management techniques including, but not limited to, parent-child

conflict resolution techniques, stress management, and any other

appropriate technique to teach the foster parent how to manage the

child's behavior in a manner appropriate to the age and development

of the foster child.

4. The foster parent or person intending to provide foster care

services may complete the training as part of an approved training

program offered by a public or private agency with expertise in the

provision of child foster care or in related subject areas.

C. In order to assist persons providing kinship foster care,

the Department shall immediately refer kinship foster parents and

the child for assistance under the Temporary Assistance for Needy

Families Program until the certification and training requirements

have been completed.

D. Foster parent training programs may include, but not be

limited to, in-service training, workshops and seminars developed by

the state agency; seminars and courses offered through public or

private education agencies; and workshops, seminars and courses

pertaining to behavioral and developmental disabilities and to the

development of mutual support services for foster parents.

E. The Department and each child-placing agency shall provide

statewide training, education, and continuing education programs for

foster parents.

F. The Department or each child-placing agency shall notify a

foster parent at least ten (10) business days in advance of the

statewide scheduling of education, continuing education or foster

parent training occurring near the vicinity of the home of a foster

parent.

G. The Department may also provide additional foster care

training to a foster parent. A foster parent may request in writing

to the Department that additional foster parent training be

provided.
Okla. Stat. tit. 10, § 10-1132 — OK Code / Title 10 / Section 10-1132
Renumbered as § 7006-1.3 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-5-211 — OK Code / Title 10A / Section 10A-2-5-211
Commitment to Department of Corrections - Judgment
Status: in_force

and sentence.

When committing a person who is, or has been, certified as a

youthful offender and is certified eligible for the imposition as an

adult sentence pursuant to Section 2-5-208 of this title, or

certified as a youthful offender and is being transferred to the

Department of Corrections for custody or supervision pursuant to

Section 2-5-210 of this title, or sentenced as an adult after

previously being certified as a youthful offender, the judgment and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 371

sentence shall clearly identify such person as a youthful offender,

or previous youthful offender, and detail the history of the

applications of the Youthful Offender Act to such person that

resulted in the current commitment to the Department of Corrections.
Okla. Stat. tit. 10A, § 10A-1-2-102 — OK Code / Title 10A / Section 10A-1-2-102
See the following versions:
Status: in_force

OS 10A-1-2-102v1 (HB 2491, Laws 2016, c. 130, 1)

OS 10A-1-2-102v2 (HB 1565, Laws 2025, c. 26, § 2)
Okla. Stat. tit. 10A, § 10A-1-4-306 — OK Code / Title 10A / Section 10A-1-4-306
Appointment of counsel - Guardians ad litem - Court-
Status: in_force

appointed special advocates.

A. 1. a. If a parent or legal guardian of the child requests an

attorney and is found to be indigent, counsel may be

appointed by the court at the emergency custody

hearing and shall be appointed if a petition has been

filed alleging that the child is a deprived child;

provided, that the court may appoint counsel without

such request if it deems representation by counsel

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 92

necessary to protect the interest of the parent, legal

guardian, or custodian.

b. The court shall not be required to appoint an attorney

for any person other than a parent or legal guardian

of the child pursuant to the provisions of this

paragraph.

2. a. The court may appoint an attorney or a guardian ad

litem for the child when an emergency custody hearing

is held; provided, that when a petition is filed

alleging the child to be deprived, the court shall

appoint a separate attorney for the child, who shall

not be a district attorney, regardless of any

attempted waiver by the parent, legal guardian or

custodian of the child of the right of the child to be

represented by counsel. The child's attorney shall be

independent of and not selected by the district

attorney, the child's parent, legal guardian, or

custodian. If financially capable, the parent, legal

guardian or custodian shall reimburse the Court Fund

for the services of a court-appointed attorney for the

child.

b. The attorney appointed for the child shall make

arrangements to meet with the child as soon as

possible after receiving notification of the

appointment. Except for good cause shown, the

attorney shall meet with the child prior to any

hearing in such proceeding. The attorney may speak

with the child over the telephone if a personal visit

is not possible due to exigent circumstances. If a

meaningful attorney-client relationship between the

child and the attorney is prohibited due to age or

disability of the child, the attorney shall contact

the custodian or caretaker of the child prior to the

hearing.

c. The attorney shall represent the child and any

expressed interests of the child. To the extent that

a child is unable to express an interest, either

because the child is preverbal, very young or for any

reason is incapable of judgment and meaningful

communication, the attorney shall substitute his or

her judgment for that of the child and formulate and

present a position which serves the best interests of

the child. Such formulation must be accomplished

through the use of objective criteria rather than

solely the life experience or instinct of the

attorney. The objective criteria shall include, but

not be limited to:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 93

(1) a determination of the circumstances of the child

through a full and efficient investigation,

(2) assessment of the child at the moment of the

determination,

(3) examination of all options in light of the

permanency plans available to the child, and

(4) utilization of medical, mental health and

educational professionals, social workers and

other related experts.

The attorney shall make such further inquiry as the attorney

deems necessary to ascertain the facts, to interview witnesses,

examine and cross-examine witnesses, make recommendations to the

court and participate further in the proceedings to the degree

appropriate for adequately representing the interests of the child.

A child is a party to all deprived proceedings and is therefore able

to participate as fully as the parents and the district attorney in

all aspects of the proceedings including, but not limited to, voir

dire, cross-examination, the subpoena of witnesses, and opening and

closing statements.

3. The attorney shall be allowed a reasonable fee for such

services as determined by the court.

4. When an attorney is required to travel to more than one

district court location in order to represent a parent, a child, or

children whom the attorney has been court-appointed to represent,

the court may in its discretion allow the attorney a reasonable

reimbursement for mileage.

5. The court shall ensure that the child is represented by

independent counsel throughout the pendency of the deprived action.

B. 1. After a petition is filed, the court shall appoint a

guardian ad litem upon the request of the child or the attorney of

the child, and may appoint a guardian ad litem sua sponte or upon

the request of the Department of Human Services, a licensed child-

placing agency, or another party to the action.

2. A guardian ad litem shall not be a district attorney, an

employee of the office of the district attorney, the child's

attorney, an employee of the court, an employee of a juvenile

bureau, or an employee of any public agency having duties or

responsibilities towards the child.

3. The guardian ad litem shall be appointed to objectively

advocate on behalf of the child and act as an officer of the court

to investigate all matters concerning the best interests of the

child. In addition to other duties required by the court and as

specified by the court, a guardian ad litem shall have the following

responsibilities:

a. review documents, reports, records and other

information relevant to the case, meet with and

observe the child in appropriate settings, including

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 94

the child's current placement, and interview parents,

foster parents, health care providers, child

protective services workers and any other person with

knowledge relevant to the case,

b. advocate for the best interests of the child by

participating in the case, attending any hearings in

the matter and advocating for appropriate services for

the child when necessary,

c. monitor the best interests of the child throughout any

judicial proceeding, and

d. present written reports on the best interests of the

child that include conclusions and recommendations and

the facts upon which they are based.

4. The guardian ad litem shall be given access to the court

files and agency files and access to all documents, reports, records

and other information relevant to the case and to any records and

reports of examination of the child's parent or other custodian,

made pursuant to the laws relating to child abuse and neglect

including reports generated by service providers.

5. The Oklahoma Bar Association shall develop a standard

operating manual for guardians ad litem which shall include, but not

be limited to, legal obligations and responsibilities, information

concerning child abuse, child development, domestic abuse, sexual

abuse, and parent and child behavioral health and management

including best practices. After publication of the manual, all

guardians ad litem shall certify to the court in which he or she is

appointed as a guardian ad litem that the manual has been read and

all provisions contained therein are understood. The guardian ad

litem shall also certify that he or she agrees to follow the best

practices described within the standard operating manual. The

Administrative Office of the Courts shall provide public access to

the standard operating manual by providing a link to the manual on

the Oklahoma State Courts Network (OSCN) website.

C. 1. Whenever a court-appointed special advocate program is

available to the court to serve as a guardian ad litem, priority may

be given to appointment of the court-appointed special advocate to

serve as guardian ad litem for the child regardless of whether a

guardian ad litem has been requested pursuant to the provisions of

this subsection.

2. For purposes of the Oklahoma Children's Code, a "court-

appointed special advocate" and a "guardian ad litem" shall have the

same function except as otherwise provided by law. In like manner,

a court-appointed special advocate, except as specifically otherwise

provided by law or by the court, shall have the same power, duties,

and responsibilities as assigned to a guardian ad litem by law and

shall have such other qualifications, duties, and responsibilities

as may be prescribed by rule by the Supreme Court.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 95

3. A court-appointed special advocate shall serve without

compensation.
Okla. Stat. tit. 10, § 10-7005-1.1 — OK Code / Title 10 / Section 10-7005-1.1
Renumbered as § 1-6-101 of Title 10A by Laws 2009, c
Status: in_force

233, § 269, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-136 — OK Code / Title 10 / Section 10-136
Visits by parents, guardians and near relatives
Status: in_force

The parents, guardians, or near relatives of such children shall

be permitted to visit such homes and see the children at any

reasonable hour; provided, that the board of supervision or the

superintendent shall be empowered to designate certain hours for

visitation. No parents, relatives or guardian of any such children

shall be allowed to board, take meals or sleep at such homes unless

such persons be an employee at such homes and schools.
Okla. Stat. tit. 10, § 10-7308-1.11 — OK Code / Title 10 / Section 10-7308-1.11
Renumbered as § 2-8-110 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 191, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7700-601 — OK Code / Title 10 / Section 10-7700-601
Proceeding authorized
Status: in_force

A civil proceeding may be maintained to adjudicate the parentage

of a child. The proceeding is governed by the applicable rules

prescribed by the Code of Civil Procedure of the State of Oklahoma.
Okla. Stat. tit. 10, § 10-7309-1.2 — OK Code / Title 10 / Section 10-7309-1.2
Renumbered as § 2-9-102 of Title 10A by Laws 2009, c
Status: in_force

234, § 192, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7700-612 — OK Code / Title 10 / Section 10-7700-612
Child as party to proceeding – Guardian ad litem
Status: in_force

A. A minor child is a permissible party, but is not a necessary

party to a proceeding under this Article.

B. The court shall appoint a guardian ad litem to represent a

minor or incapacitated child if the child is a party or the court

finds that the interests of the child are not adequately

represented.
Okla. Stat. tit. 10, § 10-93 — OK Code / Title 10 / Section 10-93
Notice of hearing of petition to be given by certified mail
Status: in_force

and by publication in newspaper.

When the petition mentioned in 10 O.S. 1971, Section 92, is

filed the court shall fix a day for the hearing thereof, which day

shall be not less than fifteen (15) nor more than thirty (30) days

Oklahoma Statutes - Title 10. Children Page 52

from the date of the filing of the petition. Notice of the hearing

of the petition shall be sent by certified mail, return receipt

requested, delivery restricted to addressee only, to the parents of

the minor, if living, to the guardian of the minor, if one has been

appointed, or to the person who has custody of the minor if such

person is other than parent or guardian of the minor, and if both of

the minor's parents are dead, the court may order that notice be

sent by certified mail, return receipt requested, delivery

restricted to addressee only, to other relatives of the minor;

provided, however, that no notice shall be sent to a person who

endorses on the petition that notice of the day of the hearing is

waived. Notice of the hearing shall be given by publication in some

newspaper printed in the county where such petition is filed, and if

there be none, then in some legal newspaper having a general

circulation in the county one time, at least ten (10) days prior to

the day set for the hearing of the said petition. Before the court

may enter an order conferring majority rights in the hearing

provided for herein, proof must be presented to the court at said

hearing that notice was given to all persons entitled thereto as

provided herein.
Okla. Stat. tit. 10A, § 10A-2-7-402 — OK Code / Title 10A / Section 10A-2-7-402
Court and hearing costs of Office of Juvenile Affairs
Status: in_force

- Special agency account.

There is hereby created in the State Treasury a special agency

account for court and hearing costs of the Office of Juvenile

Affairs. The money in the account shall be used only for court

costs, court filing fees, witness fees, fees for court transcripts,

audio tape duplication charges for Merit Protection hearings,

service of process, costs for mailing legal documents, and expenses

related to any case or proceeding within the official responsibility

of the Office of General Counsel of the Office of Juvenile Affairs.
Okla. Stat. tit. 10, § 10-7304-1.2 — OK Code / Title 10 / Section 10-7304-1.2
Renumbered as § 2-3-102 of Title 10A by Laws 2009, c
Status: in_force

234, § 185, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1424 — OK Code / Title 10 / Section 10-1424
Department as next friend of institutionalized persons -
Status: in_force

Procuring appoint of guardian.

Oklahoma Statutes - Title 10. Children Page 229

The State Department of Public Welfare shall have the power and

the Department shall have the duty to appear as next friend for all

minor orphans, incompetents, dependents and delinquents who are

inmates of any public institution maintained and operated by the

state, county, city or municipality before the district court having

probate jurisdiction, and ask that legal guardians be appointed for

the estates of such minor orphans, incompetents, dependents and

delinquents when it appears that such persons have an interest in

some estate, legacy, or property, and shall have such power and

authority in any and all litigation where interests of such persons

may require to be prosecuted or defended or instituted in any and

all courts in this state.

The State Department of Public Welfare, in addition to the

foregoing, is hereby empowered to intervene as next friend in cases

of all minor orphans in this state when it is shown or appears to

the Department that the estate of such minors is being mismanaged or

dishonestly administered.
Okla. Stat. tit. 10, § 10-1430.7 — OK Code / Title 10 / Section 10-1430.7
Group home as nuisance - Actions - Request for
Status: in_force

investigation - Complaint.

A. The operation or maintenance of a group home in violation of

the Group Homes for Persons with Developmental or Physical

Disabilities Act, or of the rules promulgated by the Commission for

Human Services, is declared a public nuisance inimical to the public

welfare. The Director of Human Services, in the name of the people

of the state, or through the Attorney General or the district

attorney of the county in which the group home is located may, in

addition to other remedies herein provided, bring action for an

injunction to restrain such violation or to enjoin the future

operation or maintenance of any such group home.

B. 1. Any person with personal knowledge or substantial

specific information who believes that the Group Homes for Persons

with Developmental or Physical Disabilities Act or a rule

promulgated pursuant thereto may have been violated, may request an

investigation. The request may be submitted to the Department of

Human Services in writing, by telephone, or personally. An oral

complaint shall be reduced to writing by the Department. Provided

that any person who willfully or recklessly makes a false complaint

without a reasonable basis in fact for such a complaint under the

provisions of the Group Homes for Persons with Developmental or

Physical Disabilities Act shall be liable in a civil suit for any

actual damages, including attorneys' fees and costs, suffered by a

group home so requested to be investigated, and for any punitive

damages set by the court or jury which may be allowed in the

discretion of the court or jury when deemed proper by the court or

jury.

2. The substance of the complaint shall be provided to the

provider no earlier than at the commencement of the on-site

inspection of the group home which takes place pursuant to the

complaint.

3. The Commission shall promulgate rules to protect the

identity of the complainant, provided that such complainant is

presently a resident or resident's representative or such

complainant is presently an employee of the group home.

4. Upon receipt of a complaint, the Department shall

investigate whether the Group Homes for Persons with Developmental

or Physical Disabilities Act or a rule promulgated pursuant thereto

has been or is being violated. Allegations of abuse, neglect, or

Oklahoma Statutes - Title 10. Children Page 239

exploitation shall be investigated by appropriate authorities in

accordance with state law. Other complaints shall be evaluated by

authorized Department staff and investigated timely based on the

nature of the complaint. A determination about a complaint shall be

made in writing. The determination shall state the reasons

therefor.

5. In all cases, the Department shall inform the group home and

the complainant, if so requested by the complainant, of its findings

within ten (10) days of its determination. The notice of such

findings shall include a copy of the written determination, the

correction order, if any, the warning notice, if any, and the state

licensure or regulatory requirement, or both, on which the violation

is listed.

6. A written determination, correction order or warning notice

concerning a complaint shall be available for public inspection from

the Department.

7. The Department shall issue a written determination which

shall serve as a final appealable order subject to trial de novo in

the appropriate district court.

8. The Commission shall establish any additional rules

necessary for the investigation and hearing of complaints as

provided herein, and is authorized to employ hearing officers.
Okla. Stat. tit. 10A, § 10A-2-2-506 — OK Code / Title 10A / Section 10A-2-2-506
Juvenile drug court investigation – Report -
Status: in_force

Eligibility.

A. When directed by the court, the treatment staff for the

juvenile drug court program shall make an investigation of the

juvenile under consideration to determine whether the juvenile is a

person who:

1. Would benefit from the juvenile drug court program; and

2. Committed a delinquent act wherein the underlying act or

cause of the underlying act involved alcohol or substance abuse.

B. 1. The juvenile drug court investigation shall be conducted

through a standardized screening test, personal interview, and home

study. A more comprehensive assessment may take place at the time

the juvenile enters the treatment portion of the program and may

take place at any time after placement in the juvenile drug court

program.

2. The investigation shall determine the original treatment

plan which the juvenile will be required to follow if admitted to

the program. Any subsequent assessments or evaluations by the

treatment provider, if the juvenile is admitted to the program, may

be used to determine modifications needed to the original treatment

plan.

3. The investigation shall include, but not be limited to, the

following information:

a. the age and physical condition of the juvenile,

b. employment,

c. educational background and literacy level,

d. community and family relations,

e. prior and current drug and alcohol use,

f. behavioral health and medical treatment history,

g. demonstrable motivation of the juvenile and family of

the juvenile,

h. the willingness of the person responsible for the

health or welfare of the juvenile, as defined in

Section 2-1-103 of this title, to actively support the

participation of the juvenile in the program, and

i. other mitigating or aggravating factors.

4. A written treatment plan, which is subject to modification

at any time during the program, shall include, but is not limited

to:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 319

a. describing the strong linkage between participating

agencies,

b. access by all participating parties of a case to

information on the progress of the juvenile,

c. vigilant supervision and monitoring procedures,

d. random substance abuse testing,

e. provisions for noncompliance, modification of the

treatment plan and revocation proceedings,

f. availability of residential treatment facilities and

outpatient services,

g. reparation to the victim, community and state, and

h. methods for measuring application of disciplinary

sanctions, including provisions for:

(1) increased supervision,

(2) urinalysis testing,

(3) intensive treatment,

(4) short-term confinement not to exceed five (5)

days,

(5) reinstating the juvenile into the program after a

disciplinary action for a violation of the

treatment plan, and

(6) revocation from the program.

C. 1. When a juvenile is determined to be appropriate for

admittance to the program, regardless of whether the juvenile is in

the custody of the Office of Juvenile Affairs, the treatment staff

shall make a recommendation for the treatment program or programs

that are available in the jurisdiction and which would benefit the

juvenile and accept the juvenile.

2. Prior to the next scheduled hearing, the investigation

findings and recommendations for program placement shall be reported

to the court, the district attorney, 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 the attorney of the juvenile.

D. The hearing to determine final eligibility shall be set not

less than three (3) judicial days nor more than seven (7) judicial

days from the date of the initial hearing for consideration, unless

extended by the court.

E. 1. Any statement made by the juvenile to any supervising

staff during the course of any drug court investigation or

subsequent to the admission of the juvenile to the juvenile drug

court program, as well as any report of findings and

recommendations, shall not be admissible in any case pending against

the juvenile, nor shall such be grounds for the revocation of a

juvenile from the program.

2. The restrictions provided in this section shall not preclude

the admissibility of statements or evidence obtained by the state

from independent sources.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 320
Okla. Stat. tit. 10A, § 10A-1-4-706 — OK Code / Title 10A / Section 10A-1-4-706
Dispositional hearing
Status: in_force

A. 1. When a child has been adjudicated deprived pursuant to

the provisions of Section 1-4-603 of this title, a dispositional

hearing may be held on the same day as the adjudication hearing, but

in any event the hearing shall be held and an order entered no later

than forty (40) calendar days thereafter. The dispositional hearing

shall not be delayed absent a showing of good cause and a finding by

the court that the best interests of the child will be served by

granting the delay. The court shall set forth the reasons why a

delay is necessary and shall schedule the hearing at the earliest

possible time following the delay.

2. During the hearing all evidence, including oral and written

reports, relevant to the determination of the disposition best

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 117

serving the health, safety, and welfare of the child may be received

by the court and may be relied upon to the extent of its probative

value even though not otherwise competent in the hearing on the

petition. The parties shall be afforded a reasonable opportunity to

examine the written reports prepared for the court’s consideration

prior to the dispositional hearing and to controvert them. The

hearing may be informal and hearsay may be relied upon.

3. Any order concerning child support, visitation, or the legal

custody of the child entered in any other administrative or district

court proceeding shall be subject to modification by the juvenile

court during the pendency of the deprived action.

4. The court shall determine and order the individualized

service plan for the parties.

5. At the conclusion of the dispositional hearing, the court

shall schedule the dates and times for periodic review and

permanency hearings.

B. 1. If the child is removed from the custody of the child's

parent, the court or the Department of Human Services, as

applicable, shall immediately consider concurrent permanency

planning, and, when appropriate, develop a concurrent plan so that

permanency may occur at the earliest opportunity. Consideration

should be given so that if reunification fails or is delayed, the

placement made is the best available placement to provide permanency

for the child.

2. The court shall further:

a. establish an initial permanency plan for the child,

and

b. determine if aggravated circumstances exist pursuant

to Section 1-4-809 of this title and whether

reunification services are appropriate for the child

and the child’s family.

3. When reunification with a parent or legal guardian is the

permanency plan and concurrent planning is indicated, the court

shall determine if efforts are being made to place the child in

accord with the concurrent permanency plan, including whether

appropriate in-state and out-of-state permanency placement options

have been identified and pursued.

4. Every effort shall be made to place the child with a

suitable relative of the child.
Okla. Stat. tit. 10, § 10-116d — OK Code / Title 10 / Section 10-116d
Construction of act
Status: in_force

This act shall not be construed to repeal any existing acts

pertaining to the employment or appointment of probation officers in

an county of the state.
Okla. Stat. tit. 10A, § 10A-2-6-105 — OK Code / Title 10A / Section 10A-2-6-105
Inspection and disclosure of juvenile court records
Status: in_force

without court order.

A. Juvenile court records which are confidential may be

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

order to the following persons upon showing of proper credentials

and pursuant to lawful duties:

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

proceeding pursuant to the Oklahoma Juvenile Code, or any judge of

the district court or tribal court to which such 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;

3. Members of review boards established pursuant to Sections

1116.2 and 1116.6 of Title 10 of the Oklahoma Statutes. In addition

to juvenile court records, any member of such review boards may

inspect, without a court order, information including but not

limited to:

a. psychological and medical records,

b. placement history and information, including the names

and addresses of foster parents,

c. family assessments,

d. treatment or service plans, and

e. school records;

4. A district attorney and the employees of an office of a

district attorney in the course of their official duties;

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

juvenile proceeding pursuant to the provisions of this chapter. The

attorney representing a child or considering representing a child in

a juvenile proceeding may also access other records listed in

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 383

subsection A of Section 2-6-102 of this title for use in the legal

representation of the child;

6. Employees of juvenile bureaus in the course of their

official duties;

7. Employees of the Office of Juvenile Affairs in the course of

their official duties;

8. 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;

9. The Oklahoma Commission on Children and Youth;

10. The Office of Juvenile Affairs or other public or private

agency or any individual having court-ordered custody or custody

pursuant to Office of Juvenile Affairs placement of the child who is

the subject of the record;

11. The Department of Human Services;

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

legal guardian, legal custodian or foster parent of said child;

13. Any federally recognized Indian tribe in which the child

who is the subject of the record is a member, or is eligible to

become a member of the tribe due to the child being the biological

child of a member of an Indian tribe pursuant to the Federal Indian

Child Welfare Act, P.L. 95-608, and the Oklahoma Indian Child

Welfare Act; provided such Indian tribe member, in the course of

official duties:

a. is investigating 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, or

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

including but not limited to protective, emergency,

social and medical services;

14. Any federally recognized Indian tribe in which the tribe,

the tribal court or the tribal child welfare program has asserted

jurisdiction or intervened in any case in which the child is the

subject of the proceedings or is a party to the proceedings pursuant

to the authority provided in the Oklahoma Indian Child Welfare Act.

The records that are to be provided to Indian tribes pursuant to

the provisions of this subsection shall include all case records,

reports and documents as defined in this chapter;

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;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 384

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;

19. Employees of the United States Probation Office, in the

course of their official duties; and

20. Domestic violence and sexual assault advocates employed by

a certified domestic violence or sexual assault program pursuant to

Section 18p-6 of Title 74 of the Oklahoma Statutes, working within a

law enforcement agency or court in the course of their assigned

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, § 10-7309-1.9 — OK Code / Title 10 / Section 10-7309-1.9
Renumbered as § 2-9-109 of Title 10A by Laws 2009, c
Status: in_force

234, § 192, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 10. Children Page 296
Okla. Stat. tit. 10, § 10-7503-2.2 — OK Code / Title 10 / Section 10-7503-2.2
When consent may be given
Status: in_force

A. The mother of a minor shall not execute a valid consent to

the adoption of the minor or a permanent relinquishment of the minor

prior to the birth of the minor.

B. The father of a minor born in wedlock shall not execute a

valid consent to the adoption of the minor or a permanent

relinquishment of the minor prior to the birth of the minor.

C. A putative father of a minor may execute a consent to the

adoption of the minor, a permanent relinquishment of the minor, or

an extrajudicial consent to the adoption of the minor before or

after the birth of the minor.

D. A guardian, guardian ad litem or legal custodian of a child

may execute a consent to the adoption of a minor or a permanent

relinquishment at any time after being authorized by a court to do

so.

E. A child-placing agency that places a child for adoption may

execute its consent at any time at or before the hearing on the

petition for adoption.

F. A minor twelve (12) years of age or older whose consent is

required pursuant to Section 7503-2.1 of this title may execute a

consent to adoption at any time at or before the hearing on the

petition for adoption.
Okla. Stat. tit. 10A, § 10A-1-4-902 — OK Code / Title 10A / Section 10A-1-4-902
Termination motion or petition by district attorney
Status: in_force

A. The district attorney shall file a petition or motion for

termination of the parent-child relationship and parental rights

with respect to a child or shall join in the petition or motion, if

filed by the child’s attorney, in any of the following

circumstances:

1. Prior to the end of the fifteenth month when a child has

been placed in foster care by the Department of Human Services for

fifteen (15) of the most recent twenty-two (22) months. For

purposes of this paragraph, a child shall be considered to have

entered foster care on the earlier of:

a. the date of adjudication as a deprived child, or

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

which the child is removed from the home;

2. No later than sixty (60) days after a child has been

judicially determined to be an abandoned infant;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 158

3. No later than sixty (60) days after a court has determined

that reasonable efforts to reunite are not required due to a felony

conviction of a parent of any of the following acts:

a. permitting a child to participate in child sexual

abuse material,

b. rape, or rape by instrumentation,

c. lewd molestation of a child under sixteen (16) years

of age,

d. child abuse or neglect,

e. enabling child abuse or neglect,

f. causing the death of a child as a result of the

physical or sexual abuse or chronic abuse or chronic

neglect of the child,

g. causing the death of a sibling of the child as a

result of the physical or sexual abuse or chronic

abuse or chronic neglect of the child’s sibling,

h. murder of any child or aiding or abetting, attempting,

conspiring in, or soliciting to commit murder of any

child,

i. voluntary manslaughter of any child,

j. a felony assault that has resulted in serious bodily

injury to the child or another child of the parent, or

k. murder or voluntary manslaughter of the child’s parent

or aiding or abetting, attempting, conspiring in, or

soliciting to commit murder of the child’s parent;

4. No later than ninety (90) days after the court has ordered

the individualized service plan if the parent has made no measurable

progress in correcting the conditions which caused the child to be

adjudicated deprived; or

5. After a period of fifteen (15) months if a parent has not

corrected the circumstances which led the child to be adjudicated to

be a deprived child and if the court makes a finding pursuant to

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

B. If any of the following conditions exist, the district

attorney is not required to file a petition as provided in

subsection A of this section for a deprived child:

1. At the option of the Department or by order of the court,

the child is properly being cared for by a relative;

2. The Department has documented a compelling reason for

determining that filing a petition to terminate parental rights

would not serve the best interests of the child that may include

consideration of any of the following circumstances:

a. the parents or legal guardians have maintained a

relationship with the child and the child would

benefit from continuing this relationship,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 159

b. the child, who is twelve (12) years of age or older,

objects to the termination of the parent-child legal

relationship,

c. the foster parents of the child are unable to adopt

the child because of exceptional circumstances which

do not include an unwillingness to accept legal

responsibility for the child but are willing and

capable of providing the child with a stable and

permanent environment, and the removal of the child

from the physical custody of the foster parents would

be seriously detrimental to the emotional well-being

of the child because the child has substantial

psychological ties to the foster parents,

d. the child is not capable of achieving stability if

placed in a family setting, or

e. the child is an unaccompanied, refugee minor and the

situation regarding the child involves international

legal issues or compelling foreign policy issues; or

3. The state has not provided to the family of the child,

consistent with the time period in the state case plan, services

that the state deems necessary for the safe return of the child to

the child’s home, if reasonable efforts are required to be made with

respect to the child.
Okla. Stat. tit. 10, § 10-620.1 — OK Code / Title 10 / Section 10-620.1
Purpose of act - Release and transfer of information
Status: in_force

A. The purpose of this act is to ensure efficient, cost

effective delivery of state services and accountability in the

delivery of state services to children and their families through

the establishment of uniform administrative rules governing the

maintenance, transfer and release of confidential information

between public and private agencies that provide services to

children and their families in order to:

1. Facilitate access to health, mental health, social and

related services that are made available through state and federal

funds for children and families;

2. Remove unnecessary and cumbersome impediments to the

delivery of such services; and

3. Better provide for the expeditious, coordinated and

cooperative delivery of services by establishing a uniform system of

rules, procedures and forms for the maintenance, transfer and

release of confidential information to be used by state, county and

private agencies, boards of education, and technology center

districts, pursuant to the provisions of this act.

B. For the purpose of this act, "confidential information"

means any information regarding a child receiving services supported

in whole or in part by state or federal funds, a family member of

such child, or other persons residing in the home of such child, and

which is required by state or federal law or regulation to be

maintained in a confidential manner.

C. Nothing in this act shall be construed to authorize the

release of confidential information except pursuant to an informed

consent as provided in Section 620.4 of this title, a court order,

or as otherwise provided by law.
Okla. Stat. tit. 10, § 10-175.3 — OK Code / Title 10 / Section 10-175.3
Definitions
Status: in_force

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

Oklahoma Public Welfare Commission.

(b) The term "child" when used in this Act shall mean any

person under twenty-one (21) years of age, whose parents, parent,

spouse or legal guardian is financially unable to provide essential

medical, dental, hospital, convalescent and nursing home care.

(c) The term "Director" when used in this Act shall mean the

Director of Public Welfare, who shall be the administrative officer

of the Commission.

(d) The term "Committee" when used in this Act shall mean the

Professional Advisory Committee or other committees authorized by

the Commission.

(e) The term "Chairman" when used in this Act shall mean the

Chairman of the Professional Advisory Committee.
Okla. Stat. tit. 10A, § 10A-2-7-904 — OK Code / Title 10A / Section 10A-2-7-904
Implementation of Program - Duties of state and local
Status: in_force

agencies.

For the purpose of achieving full implementation of the Juvenile

Offender Tracking Program, the Office of Juvenile Affairs, the

juvenile bureaus, the District Attorney's Council, the Oklahoma

State Supreme Court as authorized and directed by Section 2-7-203 of

this title and Section 23 of Title 20 of the Oklahoma Statutes, the

Oklahoma Commission on Children and Youth, the Oklahoma State Bureau

of Investigation, local law enforcement agencies, and other agencies

comprising the juvenile justice system shall:

1. Develop and implement the Juvenile Offender Tracking

Program;

2. Develop and implement the Juvenile Justice Information

System;

3. Adopt rules, policies, procedures, standards, protocols and

guidelines, as appropriate, for the development and implementation

of the Juvenile Offender Tracking Program and the Juvenile Justice

Information System; and

4. Enter into contracts or interagency agreements under the

Interlocal Cooperation Act, as appropriate for the purpose of

implementing the Juvenile Offender Tracking Program and the Juvenile

Justice Information System.
Okla. Stat. tit. 10A, § 10A-1-4-906 — OK Code / Title 10A / Section 10A-1-4-906
Effect of termination of parental rights
Status: in_force

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 167

A. The termination of parental rights terminates the parent-

child relationship, including:

1. The parent's right to the custody of the child;

2. The parent's right to visit the child;

3. The parent's right to control the child's training and

education;

4. The parent's right to apply for guardianship of the child;

5. The necessity for the parent to consent to the adoption of

the child;

6. The parent's right to the earnings of the child; and

7. The parent's right to inherit from or through the child.

Provided, that nothing herein shall in any way affect the right of

the child to inherit from the parent.

B. 1. Except for adoptions as provided in paragraph 3 of this

subsection, termination of parental rights shall not terminate the

duty of either parent to support his or her minor child.

2. Any order terminating parental rights shall indicate that

the duty of the parent to support his or her minor child will not be

terminated unless the child is subsequently adopted as provided by

paragraph 3 of this subsection.

3. Child support orders shall be entered by the court that

terminates parental rights and shall remain in effect until the

court of termination receives notice from the placing agency that a

final decree of adoption has been entered and then issues an order

terminating child support and dismissing the case.

C. The Department of Human Services shall not recommend a

parent who has had his or her parental rights terminated to seek

guardianship of a child in the custody of the Department.
Okla. Stat. tit. 10, § 10-7505-6.6 — OK Code / Title 10 / Section 10-7505-6.6
Certificate of adoption - Supplementary birth certificate - Sealed records - Disclosure
Status: in_force

Oklahoma Statutes - Title 10. Children Page 24certificate - Sealed records - Disclosure of original records.

A. 1. For each adoption or annulment of adoption, the attorney

or child-placing agency handling the adoption or annulment of

adoption shall prepare and the clerk of the court shall certify,

within thirty (30) days after the decree becomes final, a

certificate of such decree on a form furnished by the State

Registrar of Vital Statistics.

2. Before the fifteenth day of each calendar month, the

attorney or child-placing agency handling the adoption or annulment

of adoption shall forward to the State Registrar the certificates

prepared by the attorney or agency handling the adoption or

annulment of adoption during the preceding calendar month. If a

biological parent has filed an affidavit of nondisclosure pursuant

to Section 7503-2.5 of this title, the attorney or agency handling

the adoption shall attach the affidavit of nondisclosure to the

certificate of such decree and forward it with the certificate to

the State Registrar.

B. The State Registrar, upon receipt of a certificate of a

decree of adoption, shall prepare a supplementary birth certificate

in the new name of the adopted person with the names of the adoptive

parents listed as the parents. The city and county of the place of

birth, the hospital, and the name of the physician shall not be

changed from the information provided on the original certificate of

birth. If the adopted person was born in a foreign country, the

State Registrar shall prepare a certificate of foreign birth.

Oklahoma Statutes - Title 10. Children Page 367

C. The State Registrar shall seal and file the original

certificate of birth, if any, with the certificate of decree of

adoption and the affidavit of nondisclosure, if any, attached. Upon

receipt of a certificate of a court order of annulment of adoption,

the State Registrar shall restore the original certificate to its

original place in the files.

D. For adoptions finalized after November 1, 1997, the State

Registrar shall provide an adopted person, at that person's request,

with an uncertified copy of the person's original certificate of

birth at any time after the adopted person's eighteenth birthday, if

all of the following conditions are met:

1. The adopted person has submitted satisfactory proof of

identity;

2. The adopted person has submitted an affidavit in which the

adopted person states under oath that such person does not have a

biological sibling under the age of eighteen (18) who is currently

in an adoptive family and whose location is known to the adopted

person; and

3. The State Registrar has ascertained that at the time of the

request there is no unrevoked affidavit of nondisclosure by a

biological parent on file. However, if an unrevoked affidavit of

nondisclosure from only one biological parent is on file and the

other conditions have been met, the State Registrar may release to

the adopted person an uncertified copy of the person's original

certificate of birth after deleting from that copy of the birth

certificate any identifying information regarding the biological

parent who filed the unrevoked affidavit of nondisclosure,

including, if necessary, the original surname of the adopted person.

E. The State Registrar shall not disclose an original

certificate of birth or other sealed adoption records, except as

permitted by subsection D of this section, or upon order of the

court for good cause shown pursuant to Section 7505-1.1 of this

title.
Okla. Stat. tit. 10, § 10-94 — OK Code / Title 10 / Section 10-94
Costs
Status: in_force

The costs of the proceedings under this Article shall be paid by

the minor petitioner.
Okla. Stat. tit. 10A, § 10A-1-9-104 — OK Code / Title 10A / Section 10A-1-9-104
Allocation of monies in Child Abuse Multidisciplinary
Status: in_force

Account.

A. The Department of Human Services shall allocate monies

available in the Child Abuse Multidisciplinary Account (CAMA) to:

1. The Child Abuse Multidisciplinary Team Account (CAMTA) Fund

created by Section 1-9-103a of this title. Monies made available to

the CAMTA shall be used for the purposes of funding one functioning

freestanding multidisciplinary child abuse team in each county of

this state, utilizing the funding distributions as provided in

subsection B of this section;

2. One hospital team pursuant to subsection E of Section 1-9-

102 of this title; and

3. One child advocacy center, accredited by the National

Children's Alliance, per district attorney's district. A child

advocacy center shall:

a. be eligible for Child Abuse Multidisciplinary Account

(CAMA) funding upon accreditation by the National

Children's Alliance,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 222

b. secure a third-year interim review to determine

whether the child advocacy center continues to meet

the National Children's Alliance standards in effect

at the time of its last accreditation. If a child

advocacy center fails the third-year review, the

center shall remain eligible for CAMA funding, but

shall have another review conducted in the fourth

year. If the child advocacy center fails the fourth-

year review, the center shall be ineligible to receive

CAMA funding until such time as the center receives

reaccreditation from the National Children's Alliance,

and

c. remain the center for the district attorney's district

as long as the center is accredited and eligibility is

maintained pursuant to the provisions of Section 1-9-

102 of this title. If a center does not remain

eligible pursuant to the provisions of Section 1-9-102

of this title, endorsement by the district attorney as

the child advocacy center for the district may be

sought by any entity beginning with the calendar year

after the center is determined to be ineligible. The

two centers in district number (4) and district number

(13) that were accredited as of May 17, 2005, shall

continue to receive funding at the nonurban level.

Should one of the exempted centers close or no longer

meet the criteria for a child advocacy center pursuant

to the provisions of Section 1-9-102 of this title,

the center shall not be allowed to reopen in that

district or to receive CAMA funds. The remaining

center shall become the sole child advocacy center for

the district attorney's district.

B. Funding distribution pursuant to the provisions of this

section shall be determined:

1. By multiplying the number of applicants in each category by

the corresponding weight as follows:

a. freestanding multidisciplinary child abuse team - 1,

b. hospital team - 1,

c. nonurban centers – 4,

d. mid-level nonurban centers – 6, and

e. urban centers – 24;

2. Adding together the weighted results for all categories;

3. Dividing the weighted result for each category by the sum of

the weighted results for all categories; and

4. Equally distributing funding to each applicant in the

corresponding category based on the amounts obtained by multiplying

the total available funding by the calculated percentages. The

total amount for all freestanding multidisciplinary teams as

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 223

determined by the formula provided in this subsection shall be

transferred to the Child Abuse Multidisciplinary Team Account

(CAMTA) Fund established by Section 1-9-103a of this title and

contracts with each freestanding multidisciplinary team shall be

completed no later than January 1 of each year.

During state fiscal year 2019, the Oklahoma Commission on Children

and Youth may disburse to each freestanding multidisciplinary team

the remaining contracted amount of the freestanding

multidisciplinary team award. The freestanding multidisciplinary

team shall provide the Commission with monthly documentation of

expenses as well as activity data and continue providing such

documentation thereafter. Beginning January 1, 2020, and each year

thereafter, the Commission may disburse the contracted amount at the

beginning of the calendar year to freestanding multidisciplinary

teams that are functioning effectively as determined by the

Commission pursuant to Section 1-9-102 of this title.

C. By January 31, 2003, and by January 31 of each year

thereafter, the Department shall disburse monies from the Child

Abuse Multidisciplinary Account to eligible child advocacy centers.

A child advocacy center shall be in compliance with the provisions

of Section 1-9-102 of this title to be eligible for Child Abuse

Multidisciplinary Account funding. The disbursement shall be a

single, annual disbursement, for the collection period of the

preceding year beginning October 1 through September 30.

D. A report issued by the Oklahoma Commission on Children and

Youth to the Oklahoma Legislature outlining performance measures for

all multidisciplinary teams, including those associated with child

advocacy centers, and recommendations on the funding formula

provided for in this section shall be transmitted to the Oklahoma

Legislature no later than December 31, 2017. The Department, the

Commission, and the Children's Advocacy Centers of Oklahoma, Inc.,

shall meet annually to review and certify the amount of CAMA and

CAMTA funds to be disbursed.

E. A child advocacy center may carry over funding for a period

of one (1) year after allocation, such one-year period to begin in

January and end in December of the same year; provided, however,

funds not used within twenty-four (24) months of the original

allocation will be deducted from the contract amount for the next

contract year. If a center is ineligible for funding in an upcoming

year, unused funds from the current or previous years shall be

returned to the CAMA Fund for use in subsequent years. Funds not

used by a freestanding team by the end of the contract period shall

revert to, and be deposited in, the CAMA Fund.

F. The Commission is hereby authorized to receive five percent

(5.0%) in administrative costs from the CAMTA Fund. The Department

of Human Services is hereby authorized to receive one-half of one

percent (0.5%) in administrative costs from the CAMA fund.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 224
Okla. Stat. tit. 10, § 10-60.32 — OK Code / Title 10 / Section 10-60.32
Renumbered as § 7510-2.2 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-32 — OK Code / Title 10 / Section 10-32
Renumbered as § 7202.4 of this title by Laws 1998, c. 415,
Status: in_force

§ 51, emerg. eff. June 11, 1998.
Okla. Stat. tit. 10, § 10-610 — OK Code / Title 10 / Section 10-610
Renumbered as § 7302-3.11 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-7-619 — OK Code / Title 10A / Section 10A-2-7-619
Public/private partnership - Authority to sell OJA
Status: in_force

campus property.

If the best-value option for the state is to enter into an

agreement with the Commissioners of the Land Office (CLO) and a

public/private partnership for the development of the designated

campus then the Office of Juvenile Affairs (OJA) is authorized to

sell a to-be-determined amount of property on the OJA campus of the

Central Oklahoma Juvenile Center to the CLO. The amount of property

to be transferred will be determined by the footprint of the

proposed construction/refurbishment. In exchange for the property,

OJA will receive from the CLO fair market value for the land. The

CLO, on behalf of OJA, will negotiate a public/private partnership

for the construction of juvenile justice assets. The CLO will

develop a Request For Proposal (RFP) to select a private development

company to construct the necessary facilities for the operation of a

juvenile justice secure care facility. OMES will negotiate on

behalf of OJA the necessary lease and sublease terms for the

continued operation of the facility for up to twenty-five (25)

years. It is the intent of the Legislature to make appropriations

as required in order for the Office of Juvenile Affairs to make

required lease and sublease payments related to real property or

improvements or both, as provided by this act.