Okla. Stat. tit. 10, § 10-7503-4.1 — OK Code / Title 10 / Section 10-7503-4.1
Temporary orders of custody
Status: in_force

A. 1. If a mother of a minor born out of wedlock or a mother

and father of a minor born in wedlock appear before a judge of the

district court prior to the birth of the minor and request that the

court issue a temporary order of custody effective after the birth

of the minor to a child-placing agency licensed in Oklahoma, an

attorney licensed in Oklahoma, or a prospective adoptive parent who

has presented to the court a favorable preplacement home study, the

court may, following the birth of the minor but prior to the

execution of a consent or permanent relinquishment by such parent or

parents, issue an order of temporary custody to the agency or

attorney so designated or, upon review by the judge of the

preplacement home study, to the prospective adoptive parent.

2. A prebirth request by a mother of a minor born out of

wedlock or of the mother and father of a child born in wedlock for

an order of temporary custody shall not be construed to be a consent

to the adoption of the minor or a permanent relinquishment of the

minor.

3. Until such time as a consent or permanent relinquishment is

signed by the mother of a minor born out of wedlock or by both

parents of a minor born in wedlock, pursuant to the Oklahoma

Adoption Code, the mother of the minor born out of wedlock or either

parent of the minor born in wedlock may apply to the court at any

time to vacate the order of temporary custody. Upon such

application, the court shall set aside the temporary custody order

and order that the minor be returned to the parent.

4. The temporary order of custody issued pursuant to this

subsection shall, by its own terms, expire no later than ninety (90)

days after it has been issued by the court. Provided, the court

upon application may grant an extension if, prior to the

application, the mother of a minor born out of wedlock or the mother

and father of a minor born in wedlock have executed a consent or

permanent relinquishment and if the court has jurisdiction to

adjudicate termination of parental rights or adoption proceedings

pursuant to Section 7502-1.1 of this title.

Oklahoma Statutes - Title 10. Children Page 324

B. 1. After a birth mother of a minor born out of wedlock

executes a consent to adoption or a permanent relinquishment

pursuant to Section 7503-2.3 or 7503-2.4 of Title 10 of the Oklahoma

Statutes, the court may issue an order granting temporary custody of

the minor to a child-placing agency licensed in this state, an

attorney licensed in this state or, upon review by the court of the

preplacement home study, to a prospective adoptive parent.

2. After the mother and father of a minor born in wedlock

execute a consent to adoption or permanent relinquishment pursuant

to Section 7503-2.3 or 7503-2.4 of Title 10 of the Oklahoma

Statutes, the court may issue an order granting temporary custody of

the minor to a child-placing agency licensed in this state, an

attorney licensed in this state or, upon review by the court of the

preplacement home study, to a prospective adoptive parent.

3. The temporary order of custody issued pursuant to this

subsection shall, by its own terms, expire no later than ninety (90)

days after it has been issued by the court. Provided, the court

upon application may grant an extension if the court has

jurisdiction to adjudicate termination of parental rights or

adoption proceedings pursuant to Section 7502-1.1 of this title.
Okla. Stat. tit. 10, § 10-21.10 — OK Code / Title 10 / Section 10-21.10
Child assessment in voluntary out-of-home placement
Status: in_force

A. Upon any voluntary out-of-home placement of a child by a

parent into foster care with a child-placing agency, the child-

placing agency shall conduct an assessment of the child in its

custody which shall be designed to establish an appropriate plan for

placement of the child. Following the assessment, the child-placing

agency shall establish an individual treatment and service plan for

the child. A copy of each plan shall be provided to the child if

the child is twelve (12) years of age or older and to the child’s

parent or guardian. The plan shall at a minimum:

1. Be specific;

2. Be in writing;

3. Be prepared by the agency in conference with the child’s

parents;

4. State appropriate deadlines;

5. State specific goals for the treatment of the child;

6. Describe the conditions or circumstances causing the child

to be placed in foster care;

7. Describe the services that are necessary to remedy and that

have a reasonable expectation of remedying the conditions or

circumstances causing the child to be placed in foster care;

8. State to whom the services will be delivered and who will

deliver the services; and

9. Prescribe the time the services are expected to begin and

the time within which expected results can reasonably be

accomplished.

B. The child shall receive a complete medical examination

within thirty (30) days of placement in foster care.

Oklahoma Statutes - Title 10. Children Page 29

C. The child may receive such further diagnosis and evaluation

as is necessary to preserve the physical and mental well-being of

the child.

D. Subsequent to initial placement, the child placed in foster

placement shall have a medical examination, at periodic intervals,

but not less than once each year.

E. Prior to any proposed counseling, testing, or other

treatment services, the court or child-placing agency shall first

determine that the proposed services are necessary and appropriate.

F. If the assessment and medical examination disclose no

physical, mental, or emotional reasons for therapeutic foster care,

a child voluntarily placed with a child-placing agency shall be

placed in a regular foster family home. If therapeutic foster care

is required, the child may be placed only in foster homes that are

certified as therapeutic foster homes pursuant to the Oklahoma Child

Care Facilities Licensing Act.
Okla. Stat. tit. 10A, § 10A-1-4-206 — OK Code / Title 10A / Section 10A-1-4-206
Restraining order - Hearing
Status: in_force

A. 1. At the emergency custody hearing or when a petition has

been filed alleging that a child has been physically or sexually

abused, the court may enter an order restraining the alleged

perpetrator of the abuse from having contact with the child or

attempting to contact the child and requiring the alleged

perpetrator to move from the household in which the child resides.

The court may issue a restraining order only if the court finds

that:

a. there is a reasonable suspicion that abuse occurred

and that the person to be restrained committed the

abuse, and

b. the order is in the best interest of the child.

2. The court may also enter other appropriate orders including,

but not limited to, orders that control contact between the alleged

abuser, other children in the home, and any other person.

3. The court shall include in an order entered under this

subsection the following information about the person to be

restrained to the extent known by the court at the time the order is

entered:

a. name,

b. address,

c. age and birth date,

d. race,

e. sex,

f. height and weight,

g. color of hair and eyes, and

h. any other identifying features such as tattoos.

4. The court may include in the order a provision that a peace

officer accompany the restrained person to the household when it is

necessary for the restrained person to remove personal property.

B. If the court enters an order under this section:

1. The clerk of the court shall provide without charge the

number of certified true copies of the order and petition, if

available, necessary to effect service and shall deliver the same to

the sheriff or other person qualified to serve the order for service

upon the person to be restrained; and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 85

2. The sheriff or other person qualified to serve the order

shall serve the person to be restrained personally unless that

person is present at the hearing. After accepting the order, if the

sheriff or other person cannot complete service within ten (10)

days, the sheriff or other person shall file a return to the clerk

of the court showing that service was not completed and the reason

for the noncompletion.

C. Within thirty (30) days after an order is served under this

section, the restrained person may file a written request with the

court and receive a court hearing on any portion of the order. If

the restrained person requests a hearing under this subsection:

1. The court shall notify the parties and the restrained person

of the date and time of the hearing; and

2. The court shall hold a hearing within twenty-one (21) days

after the request for hearing is filed with the court and at the

conclusion of the hearing may cancel or modify the order.

D. 1. Within twenty-four (24) hours of the return of service

of the restraining order, the clerk of the issuing court shall send

certified copies thereof to all appropriate law enforcement agencies

designated by the court. A certified copy of any extension,

modification, vacation, cancellation, or consent agreement

concerning the restraining order shall be sent by the clerk of the

issuing court to those law enforcement agencies receiving the

original orders pursuant to this section and to any law enforcement

agencies designated by the court.

2. Any law enforcement agency receiving copies of the documents

listed in paragraph 1 of this subsection shall be required to ensure

that other law enforcement agencies have access twenty-four (24)

hours a day to the information contained in the documents which may

include entry of information about the restraining order in the

National Crime Information Center database.

E. A restraining order issued pursuant to this section remains

in effect for a period of one (1) year or until the order is sooner

modified, amended, or terminated by court order.

F. A court that issued a restraining order under this section

may renew the order for a period of up to one (1) year if the court

finds that there is probable cause to believe the renewal is in the

best interest of the child. The court may renew the order on motion

by the state or the child’s attorney alleging facts supporting the

required finding. If the renewal order is granted, subsections B

and C of this section apply.

G. If a restraining order issued pursuant to this section is

terminated before its expiration date, the clerk of the court shall

promptly deliver a true copy of the termination order to the

sheriff. The sheriff shall promptly remove the original order from

the National Crime Information Center database.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 86

H. Any person who has been served with the restraining order

and is in violation of the restraining order, upon conviction, shall

be guilty of a misdemeanor and shall be punished by a fine of not

more than One Thousand Dollars ($1,000.00) or by a term of

imprisonment in the county jail of not more than one (1) year, or

both such fine and imprisonment.
Okla. Stat. tit. 10, § 10-80 — OK Code / Title 10 / Section 10-80
Appeals
Status: in_force

Appeals may be taken in cases brought under the provisions of

this Article, in the same manner and with like effect as in other

actions in the district court.
Okla. Stat. tit. 10, § 10-7302-5.3 — OK Code / Title 10 / Section 10-7302-5.3
Renumbered as § 2-7-503 of Title 10A by Laws 2009, c
Status: in_force

234, § 173, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-601.62 — OK Code / Title 10 / Section 10-601.62
Legislative intent
Status: in_force

A. The Legislature recognizes that the economic cost of crime

to the state and communities within this state continues to drain

existing resources, and the cost to victims, both economic and

psychological, is traumatic and tragic.

1. Recognizing that many adults in the criminal justice system

were once delinquents in the juvenile justice system, the

Legislature also recognizes that the most effective crime and

delinquency prevention programs are programs that not only provide

Oklahoma Statutes - Title 10. Children Page 159

children and youth with positive activities, opportunities and

successes, but also meet local community needs and have substantial

community involvement and support.

2. It is the belief of the Legislature that the best investment

of scarce resources available to combat crime is to counteract the

negative social and economic factors that contribute to criminal and

delinquent behavior by engaging children and youth, at an early age,

in such positive programs and opportunities at the local school and

local community level.

B. Therefore, for the purpose of reducing the likelihood of

later involvement in criminal or delinquent activities, the intent

of the Legislature in enacting the Community Youth Development Act

is to provide for school, school-related and after-school programs

for children and youth and their families who live in at-risk school

districts, neighborhoods and communities.
Okla. Stat. tit. 10, § 10-7303-5.9 — OK Code / Title 10 / Section 10-7303-5.9
Renumbered as § 2-2-508 of Title 10A by Laws 2009, c
Status: in_force

234, § 181, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-601.68 — OK Code / Title 10 / Section 10-601.68
Not-for-profit foundation
Status: in_force

A. There is hereby authorized the establishment of a not-for-

profit foundation to raise funds for the Children with Disabilities

Comprehensive Systems of Services Fund Act of 2013 and the

achievement of the goals of the act.

B. The foundation created pursuant to this section may receive

funds from any public or private source to carry out the purposes of

this act, including, but not limited to, gifts or grants from any

department, agency, or instrumentality of the United States or of

this state for any purposes consistent with the provisions of this

act.

C. Upon proper incorporation, the foundation shall secure tax-

exempt status under the appropriate provision of Section 501(c) of

the Internal Revenue Code, 26 U.S.C., Section 501(c).

D. Any member of the foundation who may have a financial

interest in an action under consideration by the foundation shall

abstain from voting on such matter.
Okla. Stat. tit. 10, § 10-420 — OK Code / Title 10 / Section 10-420
Child Care Center Bill of Rights
Status: in_force

The Child Care Center Bill of Rights includes if a child care

center or employee provides written documentation of completion of

required training, the child care center shall not be found in

noncompliance if computer documentation is not updated by the

training provider.
Okla. Stat. tit. 10, § 10-7302-6.10 — OK Code / Title 10 / Section 10-7302-6.10
Renumbered as § 2-7-610 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 174, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-2-108 — OK Code / Title 10A / Section 10A-1-2-108
Central registry for child abuse, sexual abuse,
Status: in_force

sexual exploitation and neglect.

A. There is hereby established within the Department of Human

Services an information system for the maintenance of all reports of

child abuse, sexual abuse, sexual exploitation, and neglect made

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

B. The Children and Family Services Division of the Department

shall be responsible for maintaining a suitably cross-indexed system

of all the reports.

C. The records maintained shall contain, but shall not be

limited to:

1. All information in the written report required by Section 1-

2-101 of this title;

2. A record of the final disposition of the report including

services offered and services accepted;

3. The plan for rehabilitative treatment; and

4. Any other relevant information.

D. Data and information maintained and related to individual

cases shall be confidential and shall be made available only as

authorized by state or federal law.

E. The Commission for Human Services shall promulgate rules

governing the availability of such data and information.

F. Rules promulgated by the Commission shall encourage

cooperation with other states in exchanging reports in order to

effect a national registration system.

G. No person shall allow the data and information maintained to

be released except as authorized by Chapter VI of the Oklahoma

Children's Code.

H. Records obtained by the Department shall be maintained by

the Department until otherwise provided by law.
Okla. Stat. tit. 10, § 10-7603 — OK Code / Title 10 / Section 10-7603
Renumbered as § 2203 of Title 27A by Laws 2006, c. 226, §
Status: in_force

6, emerg. eff. June 6, 2006.
Okla. Stat. tit. 10, § 10-7306-1.1 — OK Code / Title 10 / Section 10-7306-1.1
Renumbered as § 2-5-101 of Title 10A by Laws 2009, c
Status: in_force

234, § 187, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7602 — OK Code / Title 10 / Section 10-7602
Renumbered as § 2202 of Title 27A by Laws 2006, c. 226, §
Status: in_force

6, emerg. eff. June 6, 2006.
Okla. Stat. tit. 10, § 10-7303-3.1 — OK Code / Title 10 / Section 10-7303-3.1
Renumbered as § 2-2-301 of Title 10A by Laws 2009, c
Status: in_force

234, § 179, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 10. Children Page 290
Okla. Stat. tit. 10, § 10-7001-1.3 — OK Code / Title 10 / Section 10-7001-1.3
Renumbered as § 1-1-105 of Title 10A by Laws 2009, c
Status: in_force

233, § 211, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7205 — OK Code / Title 10 / Section 10-7205
Renumbered as § 1-7-109 of Title 10A by Laws 2009, c
Status: in_force

233, § 282, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1507.25 — OK Code / Title 10 / Section 10-1507.25
Renumbered as § 7306-2.11 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-1-8-109 — OK Code / Title 10A / Section 10A-1-8-109
Development of agency-wide process for background
Status: in_force

checks - Individual limits to number of children.

A. Unless prohibited by state or federal law, the Department

shall develop, where feasible, an agency-wide process for conducting

background checks, fingerprinting, and personal care applications.

B. The Department shall maintain limits on the number of

children a person is authorized to care for; however, a person shall

be permitted to provide multiple services where authorized.
Okla. Stat. tit. 10, § 10-7004-1.8 — OK Code / Title 10 / Section 10-7004-1.8
Renumbered as § 1-9-109 of Title 10A by Laws 2009, c
Status: in_force

233, § 301, emerg. eff. May 21, 2009.Oklahoma Statutes - Title 10. Children Page 15
Okla. Stat. tit. 10, § 10-60.10 — OK Code / Title 10 / Section 10-60.10
Renumbered as § 7503-2.7 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10A, § 10A-1-4-903 — OK Code / Title 10A / Section 10A-1-4-903
Order to terminate parent-child legal relationship –
Status: in_force

Show cause.

If the court finds from the information presented by the

Department of Human Services that the permanency plan for the child

should be adoption, the court may order the district attorney to

show cause why it should not file a petition or motion to terminate

the parent-child legal relationship pursuant to Section 1-4-903 of

this title. Good cause may include, but need not be limited to, any

of the following conditions:

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; or

3. The state has not provided to the family of the child,

consistent with the time period in the state case plan, such

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 160

services as 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, § 10-7700-636 — OK Code / Title 10 / Section 10-7700-636
Order adjudicating parentage – Assessment of fees and costs – Change of child’s
Status: in_force

Oklahoma Statutes - Title 10. Children Page 26costs – Change of child’s surname.

A. The court shall issue an order adjudicating whether a man

alleged or claiming to be the father is the parent of the child.

B. An order adjudicating parentage shall identify the child by

name and date of birth.

C. Except as otherwise provided in subsection D of this

section, the court may assess filing fees, reasonable attorney fees,

fees for genetic testing, other costs, and necessary travel and

other reasonable expenses incurred in a proceeding under this

Article. The court may award attorney fees, which may be paid

directly to the attorney, who may enforce the order in the

attorney’s own name.

D. The court may not assess fees, costs, or expenses against

the Department of Human Services or an agency of another state

designated to administer a statewide plan for child support in

accordance with Title IV, Part D, of the Federal Social Security

Act, as amended, 42 U.S.C., Section 651 et seq., except as provided

by other law.

E. If both the mother and the father agree to change the

surname of the child to that of the father, the court may order that

the name be changed.

Oklahoma Statutes - Title 10. Children Page 413

F. If the order of the court is at variance with the child’s

birth certificate, the court shall order the State Department of

Health, Division of Vital Records to issue an amended birth

registration.
Okla. Stat. tit. 10A, § 10A-1-3-104 — OK Code / Title 10A / Section 10A-1-3-104
Safety plan monitor – Authorization of medical or
Status: in_force

dental treatment.

The safety plan monitor of a child who is in a safety plan with

the Department of Human Services may, if the parent of the child is

unavailable, authorize medical or dental treatment or examinations

which are necessary for the well-being of the child.
Okla. Stat. tit. 10, § 10-1104.3 — OK Code / Title 10 / Section 10-1104.3
Renumbered as § 7304-1.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7003-3.7 — OK Code / Title 10 / Section 10-7003-3.7
Renumbered as § 1-4-306 of Title 10A by Laws 2009, c
Status: in_force

233, § 234, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7305-1.1 — OK Code / Title 10 / Section 10-7305-1.1
Renumbered as § 2-4-101 of Title 10A by Laws 2009, c
Status: in_force

234, § 186, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7213 — OK Code / Title 10 / Section 10-7213
Renumbered as § 1-9-120 of Title 10A by Laws 2009, c
Status: in_force

233, § 312, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-60.14 — OK Code / Title 10 / Section 10-60.14
Renumbered as § 7505-6.3 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-60.23 — OK Code / Title 10 / Section 10-60.23
Renumbered as § 60 of this title by Laws 1996, c. 297, §
Status: in_force

28, emerg. eff. June 10, 1996.
Okla. Stat. tit. 10A, § 10A-1-9-124 — OK Code / Title 10A / Section 10A-1-9-124
Zero to Three Court Program
Status: in_force

District courts of this state are hereby authorized to establish

a "Zero to Three Court Program", which may be established by a judge

with jurisdiction over juvenile court matters with the goals of

reducing time to permanency of children thirty-six (36) months of

age or younger by surrounding at-risk families with support

services, reducing incidences of repeat maltreatment among children

thirty-six (36) months of age or younger, and promoting effective

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 259

interaction and the use of resources among both public and private,

state and local, child and family services agencies; state and local

mental health agencies; and community agencies. The Department of

Human Services, the Department of Mental Health and Substance Abuse

Services and the Administrative Offices of the Courts shall

collaborate to provide services to Zero to Three Court Programs as

resources are available.
Okla. Stat. tit. 10, § 10-1602 — OK Code / Title 10 / Section 10-1602
Renumbered as § 502 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-7302-6.8 — OK Code / Title 10 / Section 10-7302-6.8
Renumbered as § 2-7-608 of Title 10A by Laws 2009, c
Status: in_force

234, § 174, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-4-108 — OK Code / Title 10A / Section 10A-2-4-108
Detention and group homes
Status: in_force

A detention home and group homes may be established as parts of

the juvenile bureau of the court. The judge of the Juvenile

Division, subject to the general administrative authority of the

Presiding Judge of the Judicial Administrative District, may appoint

necessary technicians and other employees for such homes in the same

manner as is provided herein for the appointment of other employees

of the bureau. The salaries of the technicians and other employees

of the detention and group homes shall be fixed and paid in the same

manner as the salaries of other employees.
Okla. Stat. tit. 10, § 10-13 — OK Code / Title 10 / Section 10-13
Renumbered as § 209.2 of Title 43 by Laws 2009, c. 233, §
Status: in_force

199, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-3-105 — OK Code / Title 10A / Section 10A-2-3-105
Grievance process for children
Status: in_force

A. The Oklahoma Commission on Children and Youth shall

administer a grievance process to be utilized by children detained

in an adult jail, adult lockup, adult detention or other adult

facility. The grievance process shall be available to a child at

any time prior to or after adjudication or conviction or during his

or her incarceration. Grievances may be filed either by the child

or by a person responsible for the juvenile's health or welfare as

defined by Section 2-1-103 of Title 10A of the Oklahoma Statutes

acting on the child's behalf.

B. Grievances shall be directed to the Commission's Office of

Juvenile System Oversight for investigation, resolution and referral

to the appropriate agency if deemed necessary, including, but not

limited to, the State Department of Health.

1. The Office of Juvenile System Oversight shall have the

authority to investigate complaints, including, but not limited to,

the following:

a. placement,

b. treatment,

c. psychological services,

d. social services,

e. educational services,

f. recreation,

g. abuse, neglect or misconduct,

h. cleanliness and hygiene, and

i. routine problems with employees, contractors or other

incarcerated persons within the facility.

2. The Office of Juvenile System Oversight shall notify the

Office of Juvenile Affairs compliance monitor or designee when a

grievance is received. The Office of Juvenile System Oversight

shall notify the Department of Human Services when a grievance is

received regarding a child in the custody of the Department of Human

Services.

C. Each facility in which children are being held shall:

1. Make all grievance policies and procedures available upon

request to any member of the public;

2. Make grievance policies and procedures readily accessible to

any children in the facility; and

3. Explain all grievance policies and procedures to every child

during his or her intake at the facility.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 344

D. The Oklahoma Commission on Children and Youth shall

promulgate rules for the purposes of administering this section that

are consistent with grievance procedures available to children

detained in juvenile detention facilities as promulgated by the

Office of Juvenile Affairs.

E. The provisions of this section shall not apply to any child

housed in a Department of Corrections facility or housed under a

contract with the Department of Corrections.
Okla. Stat. tit. 10, § 10-601.63 — OK Code / Title 10 / Section 10-601.63
Definitions
Status: in_force

For the purposes of the Community Youth Development Act:

1. "Community children and youth development programs and

delinquency prevention and early intervention programs and

activities" includes but is not limited to the following for

participating youth and their families:

a. intensive school and school-related programs, such as

tutoring and other educational services,

b. vocational training and counseling,

c. employment services,

d. counseling services, such as family counseling, mental

health counseling, substance abuse outpatient

treatment and education,

e. recreational and cultural opportunities including but

not limited to sports, games, music, art and similar

activities, and

f. neighborhood development programs, including but not

limited to neighborhood mediation programs for the

resolution of disputes involving children and youth,

mentor or big brother and big sister programs, and

voluntary community service programs for children and

youth; and

2. "School, school-related or after-school programs and

activities" means community children and youth development programs

and delinquency prevention and early intervention programs and

activities that occur during and outside of regular school hours.
Okla. Stat. tit. 10, § 10-401 — OK Code / Title 10 / Section 10-401
Purpose and policy of law - Minimum standards
Status: in_force

A. Sections 401 through 418 of this title shall be known and

may be cited as the "Oklahoma Child Care Facilities Licensing Act".

B. It is the declared purpose and policy of the Oklahoma Child

Care Facilities Licensing Act, to:

1. Ensure maintenance of minimum standards for the care and

protection of children away from their own homes;

2. Encourage and assist the child care facility toward maximum

standards; and

3. Work for the development of sufficient and adequate services

for child care through joint work of public, private and voluntary

agencies. Whenever possible, child care facilities should help to

preserve and restore family life for children.

C. In order to provide care for children in child care

facilities, a license shall be obtained from the Department of Human

Services, which is issued on the basis of meeting minimum standards

which are essential for the health and welfare of the child or

children placed for care with such agencies and individuals.

D. The Child Care Facilities Licensing Division within the

Department of Human Services shall work with representatives from

municipalities to develop a single child care licensure procedure

for use by state and local entities.
Okla. Stat. tit. 10A, § 10A-1-8-104 — OK Code / Title 10A / Section 10A-1-8-104
Mileage fees and witness reimbursement
Status: in_force

In proceedings pursuant to this Code, the court may allow

mileage, as in civil actions, to witnesses and reimbursement for

expert witnesses. However, any mileage and reimbursement paid in

accordance with this section shall not be tendered in advance of the

hearing.
Okla. Stat. tit. 10, § 10-7302-6.3 — OK Code / Title 10 / Section 10-7302-6.3
Renumbered as § 2-7-603 of Title 10A by Laws 2009, c
Status: in_force

234, § 174, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-3-101 — OK Code / Title 10A / Section 10A-1-3-101
Authorization to consent to medical or dental care
Status: in_force

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 67

A. 1. Either parent or the court-appointed legal guardian of a

child may authorize, in writing, any adult person into whose care

the minor has been entrusted to consent to any:

a. x-ray examination,

b. anesthetic,

c. medical or surgical diagnosis or treatment,

d. hospital care, or

e. immunization, blood tests, examinations, Guidance

Services, and Early Intervention Services provided by

a city or county Department of Health,

to be rendered to said minor under the general or special

supervision and upon the advice of a physician and surgeon licensed

under the laws of the State of Oklahoma, or to consent to an x-ray

examination, anesthetic, dental or surgical diagnosis or treatment

and hospital care to be rendered to said minor by a dentist licensed

under the laws of the State of Oklahoma.

2. If any parent or other person falsely represents in writing

that such parent or other person has legal custody or legal

guardianship of the minor child, or if any adult falsely represents

that the written authorization provided for in this subsection is

valid, and a health professional provides health services or care as

provided by this section in good faith upon such misrepresentation,

the health professional shall incur no liability except for

negligence or intentional harm.

B. Either parent, if both parents have legal custody, or the

parent or person having legal custody or the legal guardian of a

minor may authorize, in writing, pursuant to the provisions of

Section 1-116.2 of Title 70 of the Oklahoma Statutes a school or

county nurse or in the absence of such nurse, a school administrator

or designated school employees to administer:

1. A nonprescription medicine; and

2. A filled prescription medicine as that term is defined by

Section 353.1 of Title 59 of the Oklahoma Statutes.
Okla. Stat. tit. 10, § 10-7306-2.9 — OK Code / Title 10 / Section 10-7306-2.9
Renumbered as § 2-5-209 of Title 10A by Laws 2009, c
Status: in_force

234, § 188, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-7-615 — OK Code / Title 10A / Section 10A-2-7-615
Foster care - Contract requirements
Status: in_force

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 442

A. The Office of Juvenile Affairs shall enter into a written

contract with the foster care placement provider. The contract

shall provide, at a minimum:

1. That the Office of Juvenile Affairs shall have access at all

times to the child and to the foster placement;

2. A listing of any specific requirements, specific duties or

restrictions in providing foster care services;

3. That any foster child shall have access to and be accessible

by any court-appointed special advocate for the foster child and the

foster child's attorney;

4. That any foster care placement provider shall comply with

performance standards required pursuant to the Oklahoma Child Care

Facilities Licensing Act and rules promulgated by the Board of

Juvenile Affairs;

5. Information regarding the amount of payment to be made for

foster care services, including but not limited to a description of

the process involved in receiving payment, including projected time

frames, information related to reimbursements for eligible costs and

expenses for which the foster parent may be reimbursed and any

information concerning the accessibility and availability of funds

for foster parents;

6. Except as provided in this section, the Office of Juvenile

Affairs may remove a child in its custody from a foster placement

whenever the agency determines that removal is in the best interests

of the child or consistent with the state's interest in the

protection of the public; and

7. Such other information required by the Office of Juvenile

Affairs.

B. The Office of Juvenile Affairs shall provide the following

information to the foster parent at the time of placement, along

with a copy of the written contract required pursuant to subsection

A of this section:

1. The names and telephone numbers of the child's caseworkers;

2. A copy of applicable policy and procedures of the Office of

Juvenile Affairs as pertaining to placement operations as

established by the Office of Juvenile Affairs;

3. The name and telephone number of any foster parent

association in the county of residence of the foster parent; and

4. A copy of the statement of foster parent rights.
Okla. Stat. tit. 10A, § 10A-1-8-102 — OK Code / Title 10A / Section 10A-1-8-102
Court-appointed special advocate – Education and
Status: in_force

training – Criminal history search – Civil liability immunity.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 208

A. Any court-appointed special advocate (CASA) available for

appointment pursuant to the Oklahoma Children's Code or the Oklahoma

Juvenile Code shall complete education and training courses in

accordance with national and Oklahoma CASA standards.

B. No court-appointed special advocate shall be assigned a case

before:

1. Completing a training program in compliance with nationally

documented Court-Appointed Special Advocate standards.

Documentation of training shall be submitted annually by local

court-appointed special advocate programs to the Oklahoma Court-

Appointed Special Advocate Association; and

2. Being approved by the local court-appointed special advocate

program, which will include appropriate criminal background checks

as provided in subsection C of this section.

C. 1. Notwithstanding any other provision of law, each local

court-appointed special advocate program shall require for any

person making application to become a court-appointed special

advocate volunteer or to be employed by the local court-appointed

special advocate program:

a. a child welfare records search conducted by the

Department of Human Services, which shall consist of a

search of the Child Abuse and Neglect Information

System maintained by the Department of Human Services

for review by authorized entities,

b. a criminal history records search conducted by the

Oklahoma State Bureau of Investigation, and

c. any other background check meeting the requirements as

set forth in Oklahoma Court-Appointed Special Advocate

Association state or national standards for local

programs.

2. If the prospective court-appointed special advocate

volunteer or employee of the local court-appointed special advocate

program has lived in Oklahoma for less than one (1) year, a criminal

history records search shall also be obtained from the criminal

history state repository of the previous state of residence.

D. 1. Any person participating in a judicial proceeding as a

court-appointed special advocate shall be presumed prima facie to be

acting in good faith and in so doing shall be immune from any civil

liability that otherwise might be incurred or imposed.

2. Any person serving in a management position of a court-

appointed special advocate organization, including a member of the

Board of Directors acting in good faith, shall be immune from any

civil liability or any vicarious liability for the negligence of any

court-appointed special advocate organization advocates, managers,

or directors.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 209
Okla. Stat. tit. 10, § 10-7309-1.6 — OK Code / Title 10 / Section 10-7309-1.6
Renumbered as § 2-9-106 of Title 10A by Laws 2009, c
Status: in_force

234, § 192, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-557.17 — OK Code / Title 10 / Section 10-557.17
Compensation to gestational carrier
Status: in_force

A. A gestational carrier may receive reimbursement for expenses

and economic losses resulting from participation in the gestational

carrier arrangement contemplated by a gestational agreement.

B. A gestational carrier may be paid a reasonable compensation

for carrying a child pursuant to a gestational agreement. The

compensation, if any, paid to a gestational carrier must be

negotiated in good faith between the parties; the amount of such

compensation must be set forth in the gestational agreement; and the

compensation may in no manner be conditioned upon the purported

quality or any genome-related traits of the sperm, eggs, gametes,

embryos or resulting child; provided, that nothing in this section

prohibits compensation that is conditioned on the number of embryos

implanted, the number of assisted reproduction procedures undertaken

for the gestational carrier to become pregnant, the number of

children with which the gestational carrier becomes pregnant or the

duration of the pregnancy.
Okla. Stat. tit. 10, § 10-7302-7.2 — OK Code / Title 10 / Section 10-7302-7.2
Renumbered as § 2-7-702 of Title 10A by Laws 2009, c
Status: in_force

234, § 175, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7505-7.1 — OK Code / Title 10 / Section 10-7505-7.1
Appeals
Status: in_force

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

decree, or any order determining a minor eligible for adoption

without terminating parental rights rendered pursuant to the

Oklahoma Adoption Code to the Supreme Court by any person aggrieved

Oklahoma Statutes - Title 10. Children Page 368

thereby, in the manner provided for appeals from the court as

provided in this section.

B. In an appeal concerning the adoption of a minor or the

termination of parental rights for adoption purposes, or any order

determining a minor eligible for adoption without terminating

parental rights, the appellant's designation of record shall be

filed in the trial court within ten (10) days after the date of the

judgment or order. Appellee's counter designation of record shall

be filed in the trial court ten (10) days after appellant's

designation of record is filed in the trial court.

C. All appeals of cases concerning the adoption of a minor or

the termination of parental rights for adoption purposes, or an

order determining that a minor is eligible for adoption which does

not terminate parental rights, shall be initiated by filing a

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

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

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

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

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

petition in error.

D. The briefing schedule is established as follows:

1. Appellant's brief in chief shall be filed twenty (20) days

after the trial court clerk notifies all parties that the record is

complete and such notice has been filed in the office of the Clerk

of the Supreme Court;

2. Appellee's answer brief shall be filed fifteen (15) days

after the appellant's brief in chief is filed; and

3. Appellant's reply brief may be filed within ten (10) days

after the appellee's answer brief is filed.

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

pending on said docket. Adjudication of appeals and any other

proceedings concerning the adoption of the minor described in this

section shall be expedited by the Supreme Court.

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

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

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

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

Court shall so order.
Okla. Stat. tit. 10, § 10-1507.20 — OK Code / Title 10 / Section 10-1507.20
Renumbered as § 7306-2.6 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-1-4-208 — OK Code / Title 10A / Section 10A-1-4-208
Standardized assessment for children taken into
Status: in_force

custody.

A. Every child taken into custody by the Department of Human

Services pursuant to the Oklahoma Children's Code shall be given a

standardized assessment within twenty-one (21) days of entering

custody, unless otherwise prescribed by the assessment.

B. The assessment shall evaluate the physical, developmental,

medical, mental health and educational needs of the child and shall

be considered when developing placement and service plans for the

child.

C. The assessment shall be updated by the Department at regular

intervals while the child is in the custody of the Department to

ensure the needs of the child are being addressed and changes are

being documented.

D. The Department may promulgate rules to implement the

provisions of this section.
Okla. Stat. tit. 10, § 10-60.35 — OK Code / Title 10 / Section 10-60.35
Renumbered as § 7510-2.5 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-91 — OK Code / Title 10 / Section 10-91
Authority of district courts
Status: in_force

The district courts shall have authority to confer upon minors

the rights of majority concerning contracts, and to authorize and

empower any person, under the age of eighteen (18) years, to

transact business in general, or any business specified, with the

same effect as if such act or thing were done by a person above that

age; and every act done by a person so authorized shall have the

same force and effect in law as if done by persons at the age of

majority.
Okla. Stat. tit. 10, § 10-601.69 — OK Code / Title 10 / Section 10-601.69
Curriculum for abuse-prevention instructional programs
Status: in_force

The Oklahoma Commission on Children and Youth shall, in

collaboration with the Office of Child Abuse Prevention within the

State Department of Health and other prevention service providers,

identify evidence-informed curriculum appropriate for schools that

meet the guidelines of subsection A of Section 3 of this act.
Okla. Stat. tit. 10A, § 10A-2-4-101 — OK Code / Title 10A / Section 10A-2-4-101
Juvenile bureau and citizens' advisory committee
Status: in_force

A. In each county having a population of eighty thousand

(80,000) or more, as shown by the last preceding Federal Decennial

Census, there is created a juvenile bureau and a citizens' advisory

committee.

1. The juvenile bureau shall be responsible for the provision

of juvenile justice services to children, youth, and families

located within its county and subject to the jurisdiction of the

juvenile division of that county's district court.

2. For the purposes of this section, "juvenile justice

services" may include, but not be limited to:

a. services provided to the child or youth to remediate

or alleviate the conditions that led to court

involvement, including educational, vocational-

educational, medical, substance abuse treatment, and

other programs that may be beneficial to the child or

youth,

b. services provided to the parent, legal guardian, legal

custodian, stepparent, or other family members or

adults subjecting themselves to the jurisdiction of

the court to remediate or alleviate the conditions

that led to the adjudication of the child or youth,

including programs to strengthen the family unit,

prevent or correct child abuse or neglect, or to

assist the family in providing proper care and

supervision of the child or youth,

c. community-based diversion and preventive services and

programs to assist in diverting children and youth

from the juvenile justice system. Such programs may

include, but not be limited to, medical, educational,

vocational, social and psychological guidance,

training, counseling, substance abuse treatment,

recreation, mediation, crisis intervention,

transitional living, independent living and other

rehabilitative services, and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 345

d. services or programs provided in collaboration with

other juvenile justice agencies or programs as defined

in Section 2-7-902 of this title.

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

Office of Juvenile Affairs or Board of Juvenile Affairs from

contracting with designated Youth Services Agencies as provided for

in Section 2-7-306 of this title. The services provided in

paragraph 1 of subsection A of this section shall be in addition to,

or in collaboration with, other state, municipal or privately funded

services to children and youth in the county therein.

B. In each county having a duly constituted juvenile bureau as

of January 1, 2005, as provided for in subsection A of this section,

the juvenile bureau shall remain in place and continue in operation.

No other counties shall establish juvenile bureaus.
Okla. Stat. tit. 10A, § 10A-2-7-203 — OK Code / Title 10A / Section 10A-2-7-203
Agreement with Supreme Court
Status: in_force

The Office of Juvenile Affairs and the Department of Human

Services shall enter into an agreement with the State Supreme Court

acceptable to that Court in its capacity as the constitutional

manager of the State Court System:

1. To develop and recommend educational programs for judges

whose docket responsibilities include cases involving the care,

custody, guardianship, or support of children, for persons who

provide services to children within the jurisdiction of the courts,

and for attorneys who practice before courts with such jurisdiction;

2. To identify areas in which improvements may be made in the

administration and procedures of the courts and to make appropriate

recommendations; and

3. To identify areas in which improvements may be made in the

services subject to oversight by the courts and to make appropriate

recommendations.
Okla. Stat. tit. 10, § 10-1111 — OK Code / Title 10 / Section 10-1111
Renumbered as § 7003-4.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7002-3.1 — OK Code / Title 10 / Section 10-7002-3.1
Renumbered as § 1-4-901 of Title 10A by Laws 2009, c
Status: in_force

233, § 261, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-8-222 — OK Code / Title 10A / Section 10A-2-8-222
Intoxicating beverages or low-point beer - Possession
Status: in_force

by persons under age 21.

It shall be unlawful for any person under the age of twenty-one

(21) years to be in the possession of any intoxicating beverage

containing more than three and two-tenths percent (3.2%) alcohol by

weight or any low-point beer as defined by Section 163.2 of Title 37

of the Oklahoma Statutes while such person is upon any public

street, road, or highway or in any public building or place.
Okla. Stat. tit. 10, § 10-1603 — OK Code / Title 10 / Section 10-1603
Renumbered as § 503 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-7302-7.1 — OK Code / Title 10 / Section 10-7302-7.1
Renumbered as § 2-7-701 of Title 10A by Laws 2009, c
Status: in_force

234, § 175, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7302-3.9 — OK Code / Title 10 / Section 10-7302-3.9
Renumbered as § 2-7-309 of Title 10A by Laws 2009, c
Status: in_force

234, § 171, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-61.54 — OK Code / Title 10 / Section 10-61.54
Renumbered as § 60.54 of this title by Laws 1995, c
Status: in_force

353, § 21, eff. Nov. 1, 1995.

Oklahoma Statutes - Title 10. Children Page 48
Okla. Stat. tit. 10, § 10-1403.2 — OK Code / Title 10 / Section 10-1403.2
Renumbered as § 7004-3.3 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.

Oklahoma Statutes - Title 10. Children Page 208
Okla. Stat. tit. 10, § 10-60.5 — OK Code / Title 10 / Section 10-60.5
Renumbered as § 7503-2.1 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-362 — OK Code / Title 10 / Section 10-362
Meetings of Santa Clause Commission - Chairperson -
Status: in_force

Eligible recipients - Gifts and contributions.

The Executive Director of the Office of Juvenile Affairs shall

appoint the chairperson of the Santa Claus Commission. The

Commission shall meet at the call of the chairperson on at least a

quarterly basis. The chairperson may call such other special

meetings as may be necessary. The Commission shall work under the

supervision and direction of the Office of Juvenile Affairs. Upon

request of the Commission, the Department of Human Services and the

Office of Juvenile Affairs shall provide the Commission with a list

Oklahoma Statutes - Title 10. Children Page 67

of the eligible institutions and number of children in such

institutions which are eligible to receive gifts pursuant to Section

361 of this title. Said Commission is hereby expressly authorized

to receive and accept, for and on behalf of the state, gifts and

contributions from any person, firm, or individual, fairly and

equally distributing such gifts and contributions to the children

eligible for such gifts.
Okla. Stat. tit. 10, § 10-26 — OK Code / Title 10 / Section 10-26
Renumbered as § 7202.1 of this title by Laws 1998, c. 415,
Status: in_force

§ 51, emerg. eff. June 11, 1998.
Okla. Stat. tit. 10A, § 10A-2-7-604 — OK Code / Title 10A / Section 10A-2-7-604
Physical force, when authorized - Mechanical
Status: in_force

restraints – Chemical agents.

A. Use of physical force in institutions and other facilities

operated by or through contract with the Office of Juvenile Affairs

wherein children are housed shall be permitted only under the

following circumstances:

1. For self-protection;

2. To separate juveniles who are fighting; or

3. To restrain juveniles in danger of inflicting harm to

themselves or others; or

4. To restrain juveniles who have escaped or who are in the

process of escaping.

B. When use of physical force is authorized, the least force

necessary under the circumstances shall be employed.

C. Staff members of residential and nonresidential programs who

are assigned to work with juveniles shall receive written guidelines

on the use of physical force, and that, in accordance with staff

disciplinary procedures, loss of employment may result if

unauthorized use of physical force is proven.

D. Use of mechanical restraints in institutions and other

facilities operated by or through contract with the Office of

Juvenile Affairs or the Department of Mental Health and Substance

Abuse Services wherein children are housed shall be minimal and

shall be prohibited except as specifically provided for in the rules

of the Office of Juvenile Affairs and Department of Mental Health

and Substance Abuse Services.

E. Use of chemical agents and electroshock weapons in secure

facilities operated by or through contract with the Office of

Juvenile Affairs shall be minimal and shall be prohibited except as

specifically provided for in the rules of the Office of Juvenile

Affairs.
Okla. Stat. tit. 10, § 10-7305-1.10 — OK Code / Title 10 / Section 10-7305-1.10
Renumbered as § 2-4-110 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 186, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7005-1.3 — OK Code / Title 10 / Section 10-7005-1.3
Renumbered as § 1-6-103 of Title 10A by Laws 2009, c
Status: in_force

233, § 271, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-409 — OK Code / Title 10 / Section 10-409
Injunction
Status: in_force

Any person or child care facility may be enjoined from

maintaining and operating such facility for violations of any

provisions of this act by suit brought in the name of the state by

the Attorney General of Oklahoma or by a district attorney.
Okla. Stat. tit. 10, § 10-7505-1.4 — OK Code / Title 10 / Section 10-7505-1.4
Priority on docket - Proceedings to be expedited
Status: in_force

Any petitions filed with the court pursuant to the Oklahoma

Adoption Code when docketed shall have priority over all cases

pending on said docket. Any other proceedings concerning the

adoption of a child shall be expedited by the court.
Okla. Stat. tit. 10, § 10-1430.22 — OK Code / Title 10 / Section 10-1430.22
Resident's contract
Status: in_force

A. A written contract shall be executed between a person, the

guardian of a resident, if any, and a group home or the agent of the

group home prior to the time a person is admitted to a group home

subject to the provisions of the Group Homes for Persons with

Developmental or Physical Disabilities Act, and annually thereafter,

or at the expiration of the period of previous contract, or when the

source of payment for the care of the resident changes, or when

there are changes in the terms of the contract.

B. The contract shall be executed between the provider and the

resident and the guardian of the resident, if any.

C. A copy of the contract shall be given to the resident and to

the guardian or advocate of the resident, if any.

D. A copy of the contract for a resident who is supported by

nonpublic funds other than the personal funds of the resident shall

be made available to the person providing the funds for the support

of the resident.

E. The contract shall be written legibly in clear and

unambiguous language.

Oklahoma Statutes - Title 10. Children Page 253

F. The contract shall specify:

1. The expiration date of the contract;

2. The services to be provided under the contract and the

charges for the services, including the amount of the room and board

payment for which the service recipient is responsible;

3. The services that may be provided to supplement the contract

and the charges for such additional services;

4. The amount of any deposit paid; and

5. The rights, duties and obligations of the resident, except

that the specification of rights of a resident may be furnished on a

separate document.

G. The contract shall state the name of the guardian or

advocate of the resident, if any, and emergency contact.

H. The contract shall provide that if the resident dies or is

compelled by a change in physical or mental health to leave the

group home, the contract and all obligations under it shall

terminate immediately. All charges shall be prorated as of the date

on which the contract terminates, and, if any payments have been

made in advance, the excess shall be refunded to the resident or the

guardian or advocate of the resident, if any.
Okla. Stat. tit. 10, § 10-7003-3.1 — OK Code / Title 10 / Section 10-7003-3.1
Renumbered as § 1-4-301 of Title 10A by Laws 2009, c
Status: in_force

233, § 229, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-411 — OK Code / Title 10 / Section 10-411
Certificate of immunization as condition for admission to
Status: repealed

day care facility - Waiver.

A. No person, firm, corporation, partnership or other legal

entity operating a day care center or day care home in this state

shall cause or permit a minor child two (2) months of age or older

to be admitted to such facility unless and until the parent,

guardian, or other related person of such child presents

certification from a licensed physician or authorized representative

of any state or local department of public health that such child

has received or will receive immunization at the medically

appropriate time against diphtheria, pertussis, tetanus, haemophilus

influenzae type B (HIB), measles (rubeola), rubella, hepatitis A,

varicella, and poliomyelitis; or presents such certification that

the child is likely to be immune as a result of the disease.

Provided, however, that in the event the parent, guardian, or other

person presenting a child for admission to a day care center or day

care home certifies in writing that a family emergency exists, the

requirement imposed by this section may be waived for a period not

to exceed thirty (30) days. Such certification shall be made prior

to the provision of care. No such waiver shall be knowingly

permitted more than once for any child.

B. The State Board of Health, by rule, may alter the list of

immunizations required under this section after notice and hearing.

Any change in the list of immunizations required shall be submitted

to the next regular session of the Legislature and such change shall

Oklahoma Statutes - Title 10. Children Page 96

remain in force and effect unless and until a concurrent resolution

of disapproval is passed. Hearings shall be conducted by the State

Board of Health, or such officer, agents or employees as the State

Board of Health may designate for that purpose. The State Board of

Health shall give appropriate notice of the proposed change in the

list of immunizations required and of the time and place for

hearing. The change shall become effective on a date fixed by the

State Board of Health. Any change in the list of immunizations

required may be amended or repealed in the same manner as provided

for its adoption. Proceedings pursuant to this subsection shall be

governed by the Administrative Procedures Act.
Okla. Stat. tit. 10, § 10-7307-1.4 — OK Code / Title 10 / Section 10-7307-1.4
Renumbered as § 2-6-105 of Title 10A by Laws 2009, c
Status: in_force

234, § 190, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7308-1.13 — OK Code / Title 10 / Section 10-7308-1.13
Renumbered as § 2-8-112 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 191, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-405.4 — OK Code / Title 10 / Section 10-405.4
Education requirements for child care center director –
Status: in_force

Master teacher – Replacement – Floor space requirements.

A. Any person with a bachelor's degree or postgraduate degree

shall be considered as having met the educational requirements for a

director of a full-time child care center required by the Department

of Human Services. Nothing in this section shall be construed as to

affect annual continuing education requirements. The director of a

child care center may also qualify as a master teacher for children

of all ages.

B. Any person replacing a master teacher at a child care center

shall be granted a one-year probationary period to fulfill the

educational qualifications required by the Department for a master

teacher. The Department may extend the probationary period an

additional year as long as the person is actively pursuing that

goal.

C. Licensed child care facilities opened or expanded before

November 1, 2016, shall have thirty-five (35) square feet of floor

area per infant in rooms occupied only by infants. New construction

and existing space not previously licensed for child care after

November 1, 2016, shall have forty (40) square feet of floor area

per infant in rooms occupied only by infants.
Okla. Stat. tit. 10, § 10-601.66 — OK Code / Title 10 / Section 10-601.66
Short title – Children with Disabilities Comprehensive
Status: in_force

Systems of Services Fund Act of 2013.

This act shall be known and may be cited as the "Children with

Disabilities Comprehensive Systems of Services Fund Act of 2013".Oklahoma Statutes - Title 10. Children Page 7
Okla. Stat. tit. 10, § 10-7505-1.1 — OK Code / Title 10 / Section 10-7505-1.1
Confidential character of hearings and records –
Status: in_force

Release - Exceptions - Misdemeanor.

A. Unless otherwise ordered by the district court exercising

jurisdiction over the adoption proceeding, all hearings held in

proceedings pursuant to the Oklahoma Adoption Code shall be

confidential and shall be held in closed court without admittance of

any person other than interested parties and their counsel.

B. All papers, records, and books of proceedings in adoption

cases and any papers, records, and books relating to such

proceedings:

1. Shall be kept as a permanent record of the court and

maintained in a separate file by the court clerk; and

2. Shall be confidential and shall not be open to inspection or

copy except as authorized in Sections 7504-1.2, 7505-3.2, 7505-6.6,

7508-1.2 and 7508-1.3 of this title or upon order of a court of

record for good cause shown.

C. Upon application and notice to the person or agency in whose

possession the records being sought are held, and for good cause

being shown, any court of record may, by written order reciting its

findings, permit the necessary information to be released, or may

restrict the purposes for which it shall be used. The findings

shall include the reasons the information being sought cannot be

Oklahoma Statutes - Title 10. Children Page 333

obtained through the methods authorized by Sections 7504-1.2, 7505-

3.2, 7505-6.6, 7508-1.2 and 7508-1.3 of this title.

D. The provisions of this section shall not prohibit persons

employed by the court, the Department of Human Services, a child-

placing agency, an attorney participating or assisting in a direct

placement adoption or any physician, minister or other person or

entity assisting or participating in an adoption from providing

partial or complete identifying information between a biological

parent and prospective adoptive or adoptive parent if a biological

parent and a prospective adoptive or adoptive parent mutually agree

to share specific identifying information and each gives written,

signed notice of their agreement to the court, the Department of

Human Services, the child-placing agency, or any attorney

participating or assisting in the direct placement adoption pursuant

to the Oklahoma Adoption Code.

E. Any person in charge of adoption records or having access to

adoption records or information who discloses any information,

including, but not limited to, all records and reports relevant to

the case and any records and reports of examination of the minor's

parent or other custodian pertaining to an adoption proceeding,

contrary to the provisions of this section, upon conviction thereof,

shall be guilty of a misdemeanor.
Okla. Stat. tit. 10, § 10-7302-2.1 — OK Code / Title 10 / Section 10-7302-2.1
Renumbered as § 2-7-201 of Title 10A by Laws 2009, c
Status: in_force

234, § 170, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-1-105 — OK Code / Title 10A / Section 10A-1-1-105
See the following versions:
Status: in_force

OS 10A-1-1-105v1 (HB 2207, Laws 2025, c. 149, 1)

OS 10A-1-1-105v2 (HB 1965, Laws 2025, c. 375, § 1)
Okla. Stat. tit. 10, § 10-640.3 — OK Code / Title 10 / Section 10-640.3
School readiness foundation
Status: in_force

A. There is hereby authorized the establishment of a not-for-

profit school readiness foundation to raise funds and to assist in

the implementation of the Oklahoma Partnership for School Readiness

Act and the achievement of the goals of the act.

B. Costs to underwrite implementation of the responsibilities

of the Oklahoma Partnership for School Readiness Board may be borne

from revenues of the foundation.

C. The foundation created pursuant to this section may receive

funds from any public or private source to carry out the purposes of

this act, including, but not limited to, gifts or grants from any

department, agency, or instrumentality of the United States or of

this state for any purpose consistent with the provisions of this

act.

D. Upon proper incorporation, the foundation shall secure tax-

exempt status under the appropriate provision of Section 501(c) of

the Internal Revenue Code, 26 U.S.C., Section 501(c).

E. Any member of the foundation who may have a financial

interest in an action under consideration by the foundation shall

abstain from voting on such matter.
Okla. Stat. tit. 10, § 10-1144 — OK Code / Title 10 / Section 10-1144
Renumbered as § 858.3 of Title 21 by Laws 1995, c. 352, §
Status: in_force

200, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7700-637 — OK Code / Title 10 / Section 10-7700-637
Binding effect of determination of parentage
Status: in_force

A. Except as otherwise provided in subsection B of this

section, a determination of parentage is binding on:

1. All signatories to an acknowledgment or denial of paternity

as provided in Article 3 of the Uniform Parentage Act; and

2. All parties to an adjudication by a court acting under

circumstances that satisfy the jurisdictional requirements of

Section 601-201 of Title 43 of the Oklahoma Statutes.

B. A child is not bound by a determination of parentage under

the Uniform Parentage Act unless:

1. The determination was based on an unrescinded acknowledgment

of paternity and the acknowledgment is consistent with the results

of genetic testing;

2. The adjudication of parentage was based on a finding

consistent with the results of genetic testing and the consistency

is declared in the determination or is otherwise shown; or

3. The child was a party or was represented in the proceeding

determining parentage by an attorney or guardian ad litem.

C. In a proceeding to dissolve a marriage, the court is deemed

to have made an adjudication of the parentage of a child if the

court acts under circumstances that satisfy the jurisdictional

requirements of Section 601-201 of Title 43 of the Oklahoma Statutes

and the final order:

1. Expressly identifies a child as a “child of the marriage”,

“issue of the marriage”, or similar words indicating that the

husband is the father of the child; or

2. Provides for support of the child by the husband unless

paternity is specifically disclaimed in the order.

D. Except as otherwise provided in subsection B of this

section, a determination of parentage may be a defense in a

subsequent proceeding seeking to adjudicate parentage by an

individual who was not a party to the earlier proceeding.

E. A party to an adjudication of paternity may challenge the

adjudication only under law of this state relating to appeal,

vacation of judgments, or other judicial review.
Okla. Stat. tit. 10A, § 10A-2-7-702 — OK Code / Title 10A / Section 10A-2-7-702
Definitions
Status: in_force

For the purposes of the Delinquency and Youth Gang Intervention

and Prevention Act:

1. “At-risk neighborhoods and communities” means residential

and business areas within a specific political subdivision with a

history of assault or battery offenses, shootings or firearm-related

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 447

offenses, substance abuse-related offenses, property and theft-

related offenses, and known gang activity that are documented by

local law enforcement agencies, and an incidence of reported

juvenile crime or referrals for juvenile court intakes, or some

combination of both such incidence and referrals as approved by the

Office of Juvenile Affairs and substantiated by local law

enforcement agencies, that is significantly higher than the

statewide statistical mean for such offenses, incidence, referrals

or combination;

2. “Children at highest risk of involvement with gangs or

delinquent behaviors” means:

a. children and their family members living in at-risk

neighborhoods and communities as defined in this

section,

b. children living with family members who are gang

members or associate with gang members,

c. children living with family members who have been

adjudicated or convicted of a criminal offense,

d. children adjudicated delinquent and their family

members, or

e. children who use alcohol or controlled substances or

who have behavioral problems in school, with peers,

family members or authority figures, or some

combination thereof;

3. “Delinquency and gang intervention and prevention programs

and activities” includes but is not limited to the following for

participating youth: Intensive school and school-related programs,

such as tutoring and other educational services, vocational training

and counseling, employment services, recreational opportunities, and

counseling services, such as family counseling, mental health

counseling, substance abuse outpatient treatment, education

programs, and programs and services involving the family members of

participating youth; and

4. “Family members” means children, siblings, parents and other

persons living in the immediate household.
Okla. Stat. tit. 10, § 10-7003-3.5 — OK Code / Title 10 / Section 10-7003-3.5
Renumbered as § 1-4-304 of Title 10A by Laws 2009, c
Status: in_force

233, § 232, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 10. Children Page 274
Okla. Stat. tit. 10A, § 10A-1-9-112.1 — OK Code / Title 10A / Section 10A-1-9-112.1
Investigation of reported abuse or neglect -
Status: in_force

Written response.

A. In addition to the requirements of Section 1-9-112 of Title

10A of the Oklahoma Statutes, the investigation report of the Office

of Client Advocacy concerning a report of abuse or neglect of a

child in the legal custody of the Department of Human Services shall

also be submitted to the Children and Family Services Division

Director, or designee, within thirty (30) days from the date of the

referral.

B. The Office of Client Advocacy investigation of a report of

abuse or neglect of a child in the custody of the Department shall

result in a written response within thirty (30) days from the date

of the referral stating one of the following findings:

1. “Substantiated” means the Office of Client Advocacy has

determined, after an investigation of a report of child abuse or

neglect of a child in Department of Human Services custody and based

upon some credible evidence, that child abuse or neglect occurred;

2. “Unsubstantiated” means the Office of Client Advocacy has

determined, after an investigation of a report of child abuse or

neglect of a child in Department of Human Services custody, that

insufficient evidence exists to fully determine whether child abuse

or neglect occurred; or

3. “Ruled out” means the Office of Client Advocacy has

determined, after an investigation of a report of child abuse or

neglect of a child in Department of Human Services custody, that no

child abuse or neglect occurred.
Okla. Stat. tit. 10, § 10-7700-312 — OK Code / Title 10 / Section 10-7700-312
Forms for acknowledgment and denial of paternity –
Status: in_force

Rescission form – Effect of modification of forms.

A. The Department of Human Services shall prescribe forms for

the acknowledgment of paternity and the denial of paternity, which

shall be filed with the State Department of Health, Division of

Vital Records, pursuant to Section 1-311.3 of Title 63 of the

Oklahoma Statutes.

B. The rescission of the acknowledgment of paternity shall be

prescribed by the Department of Human Services and made available at

the same locations as the acknowledgment of paternity form provided

for in Section 1-311.3 of Title 63 of the Oklahoma Statutes.

Oklahoma Statutes - Title 10. Children Page 401

C. A valid acknowledgment of paternity, rescission of

acknowledgment of paternity or denial of paternity is not affected

by a later modification of the prescribed form.
Okla. Stat. tit. 10, § 10-1507.23 — OK Code / Title 10 / Section 10-1507.23
Renumbered as § 7306-2.9 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7309-1.1 — OK Code / Title 10 / Section 10-7309-1.1
Renumbered as § 2-9-101 of Title 10A by Laws 2009, c
Status: in_force

234, § 192, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-175.1 — OK Code / Title 10 / Section 10-175.1
Legislative intent and purpose
Status: in_force

It is the intent and purpose of Sections 175.3 through 175.13 of

this title to provide for a more efficient administration of the

Children with Special Health Care Needs Program in Oklahoma and to:

1. Provide for a continuity of dependable funds to establish

and conduct a program of medical care for children who have or are

at increased risk for a chronic physical, developmental, behavioral,

or emotional condition and who also require health and related

services of a type or amount beyond that required by children

generally;

Oklahoma Statutes - Title 10. Children Page 61

2. Provide leadership in building and promoting a community-

based system of services that is family-centered, comprehensive,

coordinated, and culturally competent;

3. Cooperate with all public and private agencies and

institutions interested in the care of children in making funds and

resources of these public and private agencies and institutions

available for the care of such children; and

4. Cooperate with the appropriate agency of the federal

government in making effective the provisions of the Federal Social

Security Act, 42 U.S.C., Section 301 et seq., relating to children

with special health care needs and such other laws, provisions, or

programs that the Congress has adopted or may adopt for the remedial

care of such children, including, but not limited to, provisions for

prevention, for locating such children and for providing medical,

corrective, and other services and care, and facilities for

diagnosis, hospitalization, and aftercare for such children.
Okla. Stat. tit. 10, § 10-7108 — OK Code / Title 10 / Section 10-7108
Renumbered as § 1-2-106 of Title 10A by Laws 2009, c
Status: in_force

233, § 217, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7003-8.2 — OK Code / Title 10 / Section 10-7003-8.2
Renumbered as § 1-8-104 of Title 10A by Laws 2009, c
Status: in_force

233, § 289, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1430.38 — OK Code / Title 10 / Section 10-1430.38
Liability of receiver - Bond
Status: in_force

A. A receiver may be held liable in a personal capacity only

for the receiver's own gross negligence, intentional acts or

breaches of fiduciary duty.

B. The court may require a receiver to post a bond.
Okla. Stat. tit. 10A, § 10A-1-4-806 — OK Code / Title 10A / Section 10A-1-4-806
Trial reunification
Status: in_force

A. The court may order trial reunification by returning the

child to the care of the parent or legal guardian from whom the

child was removed and setting a date for review within six (6)

months. At any time during trial reunification, when reunification

appears successful, the court may return legal custody to the parent

or legal guardian and relieve the Department of Human Services of

legal custody. If the court determines trial reunification should

be extended, the court shall set a new date for review. A child

shall spend no longer than a total of twelve (12) months in trial

reunification. Prior to trial reunification, the Department shall

conduct a criminal background check of any adult in the home who is

not a parent, legal guardian, or custodian. The background check

shall include inquiries into Oklahoma State Bureau of Investigation

and Federal Bureau of Investigation records for a national criminal

history record check pursuant to the provisions of Section 150.9 of

Title 74 of the Oklahoma Statutes.

During trial reunification, the Department shall:

1. Continue to have legal custody of the child, thereby

permitting the Department to visit the child in the home of the

parent, at school, in a child care facility, or any other setting

the Department deems necessary and appropriate;

2. Continue to provide appropriate services to both the parent,

if eligible, and the child during trial reunification;

3. Terminate trial reunification and remove the child to foster

care, without court order or authorization, when necessary to

protect the child’s health, safety, or welfare; and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 142

4. Advise the court and parties within three (3) judicial days

of the termination of trial reunification when terminated by the

Department without a court order.

B. 1. When trial reunification is terminated, whether by the

Department or court order, the Department shall prepare a report for

the court which describes the circumstances of the child during

trial reunification period and recommends court orders, if any,

deemed appropriate to provide for the safety and stability of the

child.

2. In the event trial reunification is terminated by the

Department by removing the child to foster care without prior court

order or authorization, the court shall conduct a hearing within

fifteen (15) days of receiving notice of the termination of trial

reunification by the Department and shall determine whether

continuation of the child in the child’s home or with the child’s

caretaker is contrary to the welfare of the child and whether

reasonable efforts were made to prevent the removal of the child

from trial reunification.

C. 1. If the court determines that supervision should continue

after twelve (12) months of trial reunification, the court may award

legal custody of the child to the parent or legal guardian with whom

the child has been reunited and order the Department to provide

supervision in accordance with the rules promulgated by the

Department.

2. The duration of the extended supervision shall not exceed

six (6) months except in circumstances the court deems appropriate

and necessary to protect the health, safety or welfare of the child.
Okla. Stat. tit. 10A, § 10A-2-2-106 — OK Code / Title 10A / Section 10A-2-2-106
Petition - Subsequent pleadings - Amended petitions
Status: in_force

A. If a child has been taken into custody pursuant to the

provisions of the Oklahoma Juvenile Code before a petition has been

filed, a petition shall be filed and summons issued within five (5)

judicial days from the date of such assumption of custody, or

custody of the child shall be relinquished to the parent of the

child, legal guardian, legal custodian, or other responsible adult,

unless otherwise provided for in the Oklahoma Juvenile Code.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 286

B. No pleading subsequent to the petition is required, and the

filing of any motion or pleading shall not delay the holding of the

adjudicatory hearing.

C. A petition may be amended by order of the court at any time

before an order of adjudication has been made, provided that the

court shall grant the parties such additional time to prepare as may

be required to insure a full and fair hearing. A petition shall be

deemed to have been amended to conform to the proof where the proof

does not change the substance of the act, omission or circumstance

alleged. However, the court shall not amend the adjudicatory

category prayed for in the petition.

D. A petition in a juvenile proceeding may be filed by the

district attorney to determine if further action is necessary. The

proceeding shall be entitled “In the matter of _______________, an

alleged (delinquent) or (a child alleged to be in need of

supervision)”. The petition shall be verified and may be upon

information and belief. It shall set forth:

1. With particularity facts which bring the child within the

purview of the Oklahoma Juvenile Code;

2. The name, age and residence of the child;

3. The names and residences of the parents of the child;

4. The name and residence of the legal guardian of the child,

if applicable;

5. The name and residence of the person or persons having

custody or control of the child;

6. The name and residence of the nearest known relative, if no

parent or guardian can be found;

7. The relief requested; and

8. The specific law under which the child is charged and an

endorsement of witnesses intended to be called by the petitioner,

where the child is sought to be adjudged a delinquent child.

E. A copy of the petition shall be attached to and served with

the summons.
Okla. Stat. tit. 10A, § 10A-1-8-110 — OK Code / Title 10A / Section 10A-1-8-110
Falsification of documents relating to deprived
Status: in_force

children proceedings - Penalties.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 213

Any member of law enforcement, state employee, employee of a

private employer, or any other individual that appears in a deprived

child proceeding who knowingly and intentionally falsifies any

document containing a material fact in any case in which a child has

been alleged or adjudicated deprived that results in the great

bodily harm or the death of the child shall, upon conviction, be

guilty of a felony punishable by a fine of One Thousand Dollars

($1,000.00) or by imprisonment in the custody of the Department of

Corrections for up to two (2) years or by both such fine and

imprisonment.
Okla. Stat. tit. 10A, § 10A-1-4-907 — OK Code / Title 10A / Section 10A-1-4-907
Vesting authority to consent to adoption
Status: in_force

If the court terminates the rights of a parent and places the

child with an individual or agency, the court may vest in such

individual or agency authority to consent to the adoption of the

child. Provided, that when the court places the child with the

Department of Human Services, it shall vest the Department with

authority to place the child and, upon notice to the court that an

adoption petition has been filed concerning the child, vest the

Department with authority to consent to the adoption of the child,

and the jurisdiction of the committing court shall terminate upon a

final decree of adoption.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 168
Okla. Stat. tit. 10, § 10-603.1 — OK Code / Title 10 / Section 10-603.1
Short title - Purpose - Implementation
Status: in_force

A. This act shall be known and may be cited as the "Coordinated

Database System for Children Act".

B. The purpose of the Coordinated Database System for Children

Act is to design and implement a system that provides data linkages

for the sharing of case information and for aggregate data analysis

for planning, research, outcome evaluation and service coordination.

C. The system shall be implemented through interagency

agreements and shall utilize a database application that supports

information sharing to reduce duplication, improve service delivery

and allow data analysis for planning, research and evaluation. The

database application shall be jointly developed, implemented and

utilized by the public agencies responsible for services to children

in this state and private agencies that provide such services

pursuant to a contract with a state agency.

Oklahoma Statutes - Title 10. Children Page 166
Okla. Stat. tit. 10, § 10-1507.3 — OK Code / Title 10 / Section 10-1507.3
Renumbered as § 7302-1.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.

Oklahoma Statutes - Title 10. Children Page 267
Okla. Stat. tit. 10, § 10-5.2 — OK Code / Title 10 / Section 10-5.2
Renumbered as § 109.6 of Title 43 by Laws 2009, c. 233, §
Status: in_force

198, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7003-4.6 — OK Code / Title 10 / Section 10-7003-4.6
Renumbered as § 1-4-809 of Title 10A by Laws 2009, c
Status: in_force

233, § 255, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-2-804 — OK Code / Title 10A / Section 10A-2-2-804
Child in need of mental health treatment
Status: in_force

A. The Office of Juvenile Affairs may provide for the care of a

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

found by a court to be a minor in need of treatment pursuant to the

Inpatient Mental Health and Substance Abuse Treatment of Minors Act.

B. In providing for the outpatient behavioral health care and

the treatment of children in its custody, the Office of Juvenile

Affairs shall utilize to the maximum extent possible and appropriate

the services available through:

1. The guidance centers operated by the State Department of

Health; and

2. The Department of Mental Health and Substance Abuse

Services;

3. The Department of Human Services; and

4. Community-based private agencies and organizations.
Okla. Stat. tit. 10, § 10-7305-1.8 — OK Code / Title 10 / Section 10-7305-1.8
Renumbered as § 2-4-108 of Title 10A by Laws 2009, c
Status: in_force

234, § 186, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-8-101 — OK Code / Title 10A / Section 10A-1-8-101
Education and training of judicial personnel and
Status: in_force

attorneys with juvenile docket responsibility.

A. 1. The Supreme Court is required to establish by rule,

education and training requirements for judges, associate judges,

special judges, and referees who have juvenile docket

responsibility. Rules shall include, but not be limited to,

education and training relating to juvenile law, child abuse and

neglect, foster care and out-of-home placement, domestic violence,

behavioral health treatment, and other similar topics.

2. All judges having juvenile docket responsibility shall

attend at least twelve (12) hours of training in such courses each

calendar year relating to the topics described in paragraph 1 of

this subsection.

3. The Administrative Director of the Courts shall be

responsible for developing and administering procedures and rules

for such courses for judicial personnel, including monitoring the

attendance of judicial personnel at such training.

B. 1. Any district attorney, assistant district attorney,

public defender, assistant public defender, attorney employed by or

under contract with the Oklahoma Indigent Defense System, court-

appointed attorney, or attorney employed by or under contract with a

district court whose duties include juvenile docket responsibility

shall complete at least six (6) hours of education and training

annually in courses relating to the topics described in paragraph 1

of subsection A of this section. These education and training

requirements may be accomplished through a collaborative effort

between the judiciary and others with juvenile docket

responsibilities.

2. Each judicial district shall be responsible for developing

and administering procedures and rules for such courses for

attorneys identified in this subsection whose duties routinely

include juvenile court docket responsibilities. The chief judge of

each judicial district, or any designee judge with juvenile docket

responsibilities, shall carry out this mandate within one (1) year

of the effective date of this legislation.
Okla. Stat. tit. 10, § 10-1625 — OK Code / Title 10 / Section 10-1625
Renumbered as § 525 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-7202 — OK Code / Title 10 / Section 10-7202
Renumbered as § 1-7-106 of Title 10A by Laws 2009, c
Status: in_force

233, § 280, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7109 — OK Code / Title 10 / Section 10-7109
Renumbered as § 1-2-107 of Title 10A by Laws 2009, c
Status: in_force

233, § 218, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-9-116 — OK Code / Title 10A / Section 10A-2-9-116
State Council for Interstate Juveniles Supervision
Status: in_force

A. Pursuant to the provisions set forth in Article IX of the

Interstate Compact for Juveniles Act, Section 2-9-110 of Title 10A

of the Oklahoma Statutes, there is hereby created the "State Council

for Interstate Juvenile Supervision". The State Council for

Interstate Juvenile Supervision shall consist of eleven (11) members

as follows:

1. One member shall be the Compact Administrator of the

Interstate Compact for Juveniles;

2. Two members shall be presiding judges of a court having

juvenile law jurisdiction to be appointed by the President of the

Oklahoma Judicial Conference;

3. One member who is an employee of the Office of Juvenile

Affairs to be appointed by the Executive Director of the Office of

Juvenile Affairs;

4. One member who is an employee of the Department of Human

Services to be appointed by the Director of Human Services;

5. One member of the Oklahoma House of Representatives to be

appointed by the Speaker of the House of Representatives;

6. One member of the Oklahoma State Senate to be appointed by

the President Pro Tempore of the State Senate;

7. One member representing an Oklahoma nonprofit victims

organization to be appointed by the President Pro Tempore of the

State Senate;

8. One member who is a district attorney or assistant district

attorney who has experience in juvenile cases to be appointed by the

Executive Coordinator of the District Attorneys Council;

9. One member who is a licensed, practicing attorney that

regularly represents juveniles charged with crimes or delinquent

acts to be appointed by the Executive Director of the Oklahoma Bar

Association; and

10. One member representing an Oklahoma nonprofit youth

services organization to be appointed by the Speaker of the House of

Representatives.

B. Appointments to the state council shall be made by July 1,

2013. Members shall serve at the pleasure of their appointing

authorities. Members appointed to the state council shall serve for

terms of three (3) years. Any vacancies and unexpired terms shall

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 486

be filled in the same manner as the original appointment and within

sixty (60) days of the vacancy.

C. The state council may meet quarterly and at such other times

as may be set by the Compact Administrator. The Compact

Administrator or designee shall preside at all meetings of the state

council. A majority of the members present at a meeting shall

constitute a quorum to transact business and a majority present may

act for the state council.

D. Members of the state council shall receive no compensation

for their service, but may be reimbursed by their appointing

authorities for their actual and necessary travel expenses.

E. The State Council for Interstate Juvenile Supervision shall

advise and may exercise oversight and advocacy concerning the

participation of Oklahoma in Interstate Commission activities and

other duties including, but not limited to, development of policy

concerning operations and procedures of the Interstate Compact for

Juveniles in this state.

F. The Office of Juvenile Affairs shall provide staff

assistance to the State Council for Interstate Juvenile Supervision

as necessary to assist the state council in the performance of its

duties.
Okla. Stat. tit. 10, § 10-7104.1 — OK Code / Title 10 / Section 10-7104.1
Renumbered as § 1-2-103 of Title 10A by Laws 2009, c
Status: in_force

233, § 214, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1409 — OK Code / Title 10 / Section 10-1409
Transfer of powers and duties
Status: in_force

All powers and duties relating to the Northern Oklahoma Resource

Center of Enid, the Southern Oklahoma Resource Center of Pauls

Valley, and the Hissom Memorial Center formerly vested in the Mental

Health Board, the Director of Mental Health, or in the Department of

Mental Health and Substance Abuse Services are hereby transferred to

the Commission for Human Services and the Oklahoma Department of

Human Services.
Okla. Stat. tit. 10, § 10-7505-5.1 — OK Code / Title 10 / Section 10-7505-5.1
Favorable preplacement home study required - Waiver -
Status: in_force

Exception - Placement not approved in certain circumstances.

A. Except as otherwise provided in this section, only a person

for whom a favorable written preplacement home study has been

prepared may accept custody of a minor for purposes of adoption. A

preplacement home study is favorable if it contains a finding that

the person is suited to be an adoptive parent, either in general or

for a particular minor, and it is completed or brought current

within twelve (12) months next preceding a placement of a minor with

the person for adoption.

B. A preplacement home study is not required if a parent or

guardian places a minor directly with a relative of the minor for

purposes of adoption, or if the minor has been residing with a birth

parent's spouse for not less than one (1) year as of the date the

petition for adoption is filed, but a home study of the relative or

stepparent is required during the pendency of a proceeding for

adoption.

C. A prospective adoptive parent shall not be approved for

placement of a child if the petitioners or any other person residing

in the home of the petitioners has been convicted of any of the

following felony offenses:

1. Within the five-year period preceding the date of the

petition, physical assault, domestic abuse, battery or a drug-

related offense;

Oklahoma Statutes - Title 10. Children Page 357

2. Child abuse or neglect;

3. A crime against a child, including, but not limited to,

child sexual abuse material; and

4. A crime involving violence, including, but not limited to,

rape, sexual assault or homicide, but excluding those crimes

specified in paragraph 1 of this subsection.

D. Under no circumstances shall a child be placed in the

custody of an individual subject to the Oklahoma Sex Offenders

Registration Act or an individual who is married to or living with

an individual subject to the Oklahoma Sex Offenders Registration

Act.
Okla. Stat. tit. 10, § 10-7306-2.8 — OK Code / Title 10 / Section 10-7306-2.8
Renumbered as § 2-5-208 of Title 10A by Laws 2009, c
Status: in_force

234, § 188, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-9-107 — OK Code / Title 10A / Section 10A-2-9-107
Interstate Commission - Rulemaking
Status: in_force

ARTICLE VI

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

A. The Interstate Commission shall promulgate and publish rules

in order to effectively and efficiently achieve the purposes of the

compact.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 478

B. Rulemaking shall occur pursuant to the criteria set forth in

this article and the bylaws and rules adopted pursuant thereto.

Such rulemaking shall substantially conform to the principles of the

“Model State Administrative Procedures Act”, 1981 Act, Uniform Laws

Annotated, Vol. 15, p.1 (2000), or such other administrative

procedures act, as the Interstate Commission deems appropriate

consistent with due process requirements under the U.S. Constitution

as now or hereafter interpreted by the U.S. Supreme Court. All

rules and amendments shall become binding as of the date specified,

as published with the final version of the rule as approved by the

Interstate Commission.

C. When promulgating a rule, the Interstate Commission shall,

at a minimum:

1. Publish the proposed rule’s entire text stating the

reason(s) for that proposed rule;

2. Allow and invite any and all persons to submit written data,

facts, opinions and arguments, which information shall be added to

the record, and be made publicly available;

3. Provide an opportunity for an informal hearing if petitioned

by ten (10) or more persons; and

4. Promulgate a final rule and its effective date, if

appropriate, based on input from state or local officials, or

interested parties.

D. Allow, not later than sixty (60) days after a rule is

promulgated, any interested person to file a petition in the United

States District Court for the District of Columbia or in the Federal

District Court where the Interstate Commission’s principal office is

located for judicial review of such rule. If the court finds that

the Interstate Commission’s action is not supported by substantial

evidence in the rulemaking record, the court shall hold the rule

unlawful and set it aside. For purposes of this subsection,

evidence is substantial if it would be considered substantial

evidence under the Model State Administrative Procedures Act.

E. If a majority of the legislatures of the compacting states

rejects a rule, those states may, by enactment of a statute or

resolution in the same manner used to adopt the compact, cause that

such rule shall have no further force and effect in any compacting

state.

F. The existing rules governing the operation of the Interstate

Compact on Juveniles superceded by this act shall be null and void

twelve (12) months after the first meeting of the Interstate

Commission created hereunder.

G. Upon determination by the Interstate Commission that a

state-of-emergency exists, it may promulgate an emergency rule which

shall become effective immediately upon adoption, provided that the

usual rulemaking procedures provided hereunder shall be

retroactively applied to said rule as soon as reasonably possible,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 479

but no later than ninety (90) days after the effective date of the

emergency rule.
Okla. Stat. tit. 10A, § 10A-2-9-109 — OK Code / Title 10A / Section 10A-2-9-109
Finance
Status: in_force

ARTICLE VIII

FINANCE

A. The Interstate Commission shall pay or provide for the

payment of the reasonable expenses of its establishment,

organization and ongoing activities.

B. The Interstate Commission shall levy on and collect an

annual assessment from each compacting state to cover the cost of

the internal operations and activities of the Interstate Commission

and its staff which must be in a total amount sufficient to cover

the Interstate Commission’s annual budget as approved each year.

The aggregate annual assessment amount shall be allocated based upon

a formula to be determined by the Interstate Commission, taking into

consideration the population of each compacting state and the volume

of interstate movement of juveniles in each compacting state and

shall promulgate a rule binding upon all compacting states which

governs said assessment.

C. The Interstate Commission shall not incur any obligations of

any kind prior to securing the funds adequate to meet the same; nor

shall the Interstate Commission pledge the credit of any of the

compacting states, except by and with the authority of the

compacting state.

D. The Interstate Commission shall keep accurate accounts of

all receipts and disbursements. The receipts and disbursements of

the Interstate Commission shall be subject to the audit and

accounting procedures established under its bylaws. However, all

receipts and disbursements of funds handled by the Interstate

Commission shall be audited yearly by a certified or licensed public

accountant and the report of the audit shall be included in and

become part of the annual report of the Interstate Commission.
Okla. Stat. tit. 10, § 10-7210 — OK Code / Title 10 / Section 10-7210
Renumbered as § 1-9-114 of Title 10A by Laws 2009, c
Status: in_force

233, § 306, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7308-1.3 — OK Code / Title 10 / Section 10-7308-1.3
Renumbered as § 2-8-103 of Title 10A by Laws 2009, c
Status: in_force

234, § 191, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-405.2 — OK Code / Title 10 / Section 10-405.2
Online child care database
Status: in_force

A. The Department of Human Services shall promulgate rules to

establish and maintain an online database accessible to the public

that contains information including, but not limited to:

1. The name, address, and phone number of all child care

centers licensed by the Department of Human Services, and the name,

Oklahoma Statutes - Title 10. Children Page 87

address, and phone number of all child care homes licensed by the

Department; and

2. A summary of substantiated complaint records and inspection

reports generated by the Department.

B. Child care licensing records and inspection reports shall be

maintained by the facility and be posted or made available to

individuals pursuant to the licensing requirements promulgated by

the Department.
Okla. Stat. tit. 10, § 10-7302-3.7 — OK Code / Title 10 / Section 10-7302-3.7
Renumbered as § 2-7-307 of Title 10A by Laws 2009, c
Status: in_force

234, § 171, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7503-3.2 — OK Code / Title 10 / Section 10-7503-3.2
Notice of filing of paternity action by putative
Status: in_force

father.

A. 1. If a putative father files a paternity action after

receiving notice of or having knowledge of a potential adoption, the

putative father shall notify the attorney for the petitioner for

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

adoption that the paternity action has been filed, including, but

not limited to:

a. the name of the court,

b. the case number, and

c. the date of filing.

2. If the name or location of the attorney for the petitioner

for adoption or the child-placing agency placing the minor for

adoption cannot be ascertained by the putative father, the putative

father shall notify the petitioner for adoption. If the petitioner

for adoption is also unknown to the putative father, the putative

father shall notify the Paternity Registry of the Department of

Human Services.

B. Upon a motion of the prospective adoptive parent, the court

having jurisdiction over the paternity action, if it is filed in a

Oklahoma Statutes - Title 10. Children Page 323

court of this state, shall allow the prospective adoptive parent to

intervene in the paternity action and have the opportunity to be

heard and seek custody and/or visitation. If a proceeding for

adoption or for termination of parental rights of the putative

father and a paternity action by the putative father regarding the

same minor are both pending in the courts of this state, upon motion

of any party, the court having jurisdiction over the paternity

action shall transfer the paternity proceeding to the court in which

the adoption or termination proceeding is pending, whereupon the two

proceedings may be considered.
Okla. Stat. tit. 10A, § 10A-2-7-618 — OK Code / Title 10A / Section 10A-2-7-618
Construction strategy for campus modifications -
Status: in_force

Best-value option.

A. It is the intent of the State of Oklahoma for the Office of

Juvenile Affairs (OJA) to plan, develop, redevelop and occupy campus

modifications to serve Oklahoma youth in need of secure care and

specialty residential services. In furtherance of this intent, OJA

shall plan and execute a construction strategy through a best-value

analysis of two financing sources. The Office of Management and

Enterprise Services (OMES) and the Commissioners of the Land Office

(CLO) are authorized to assist OJA in assessing the best option and

proceeding with necessary steps. OJA is authorized to pursue one of

these two options based upon the input from the OJA governing board,

OMES and the CLO.

B. The option that is determined to be best value for the State

of Oklahoma pursuant to subsection C of this section will be

selected and the authorization for the other financing strategy

shall not be operative.

C. Not later than March 31, 2018, or one hundred eighty (180)

days from such date if the provisions of this act become effective

as law later than July 1, 2017, pursuant to recommendations for the

best-value option agreed upon by a majority vote of the governing

board of OJA, a majority vote of the Commissioners of the Land

Office and the agreement of the Director of the Office of Management

and Enterprise Services, a memorandum reflecting the decision of the

participating agencies shall be transmitted to the Governor, the

Speaker of the Oklahoma House of Representatives and the President

Pro Tempore of the Oklahoma State Senate. If the best-value option

selected is for the issuance of obligations by the Oklahoma Capitol

Improvement Authority pursuant to the provisions of Section 4 of

this act, a copy of the signed and executed memorandum shall be

transmitted to the members of the governing board of the Oklahoma

Capitol Improvement Authority. If the best-value option selected

does not require the issuance of obligations by the Oklahoma Capitol

Improvement Authority, the provisions of Section 4 of this act shall

not be operative and the Oklahoma Capitol Improvement Authority

shall not have the power or legal authority to issue any obligations

pursuant to the provisions of Section 4 of this act.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 445
Okla. Stat. tit. 10, § 10-7202.3 — OK Code / Title 10 / Section 10-7202.3
Renumbered as § 109.5 of Title 43 by Laws 2009, c. 233,
Status: in_force

§ 208, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-601.65 — OK Code / Title 10 / Section 10-601.65
Proposed submission procedures and criteria
Status: in_force

A. The Commission on Children and Youth shall establish the

proposal submission procedures and criteria and shall promulgate

rules as necessary for the implementation of the Community Youth

Development Act.

B. In order to be eligible for a contract pursuant to the

Community Youth Development Act the proposal, at minimum, shall:

1. Meet the eligibility criteria established by the Commission;

2. Be a joint proposal made by a school district, neighborhood

organization, municipality or county and one or more agencies or

organizations within the children and youth service system. If a

school district is not a joint participant in the proposal, the

proposal shall document and describe the active participation in and

support of the local school district in the program and activities

for which the proposal is submitted;

3. Be for programs and activities for children not less than

six (6) years of age or more than nineteen (19) years of age, or in

grades one through twelve, whichever is applicable;

4. Describe the respective roles and responsibilities for the

administration and operation of the program and activities,

Oklahoma Statutes - Title 10. Children Page 161

including but not limited to the designation of the entity

responsible for the receipt and expenditure of any funds awarded

pursuant to the Community Youth Development Act;

5. Include a match for the costs of the proposed program from

the local school or other entity submitting the proposal. The match

may be monetary or may be an in-kind match;

6. Specifically identify the area within a school district or

community or the neighborhood where the programs and activities will

be implemented;

7. Describe how the program will coordinate and cooperate with

programs and services administered by the Department of Human

Services, the State Department of Education, and other state or

local agencies, agencies within the children and youth service

system and courts and law enforcement, as appropriate for the

proposed program;

8. Provide the program and activities on site in a school,

community center, or similar location within the identified area of

the school district or community; and

9. Include face-to-face contact with the parents, guardians or

custodians of youth participating in the program and visits to the

homes of such youth as an integral part of the programs and

activities for which the proposal is submitted.

C. The Commission on Children and Youth shall evaluate at least

annually each entity which receives a contract pursuant to the

Community Youth Development Act. The evaluation report shall

document the extent to which the program objectives have been met,

as well as other information deemed necessary or appropriate by the

Commission. Each entity receiving a contract pursuant to the

Community Youth Development Act shall submit information to the

Commission as required by the Commission.
Okla. Stat. tit. 10A, § 10A-2-9-112 — OK Code / Title 10A / Section 10A-2-9-112
Withdrawal - Default - Termination - Judicial
Status: in_force

enforcement.

ARTICLE XI

WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT

A. Withdrawal.

1. Once effective, the compact shall continue in force and

remain binding upon each and every compacting state; provided that a

compacting state may withdraw from the compact by specifically

repealing the statute which enacted the compact into law.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 482

2. The effective date of withdrawal is the effective date of

the repeal.

3. The withdrawing state shall immediately notify the

chairperson of the Interstate Commission in writing upon the

introduction of legislation repealing this compact in the

withdrawing state. The Interstate Commission shall notify the other

compacting states of the withdrawing state’s intent to withdraw

within sixty (60) days of its receipt thereof.

4. The withdrawing state is responsible for all assessments,

obligations and liabilities incurred through the effective date of

withdrawal, including any obligations, the performance of which

extend beyond the effective date of withdrawal.

5. Reinstatement following withdrawal of any compacting state

shall occur upon the withdrawing state reenacting the compact or

upon such later date as determined by the Interstate Commission.

B. Technical assistance, fines, suspension, termination and

default.

1. If the Interstate Commission determines that any compacting

state has at any time defaulted in the performance of any of its

obligations or responsibilities under this compact, or the bylaws or

duly promulgated rules, the Interstate Commission may impose any or

all of the following penalties:

a. remedial training and technical assistance as directed

by the Interstate Commission,

b. alternative dispute resolution,

c. fines, fees, and costs in such amounts as are deemed

to be reasonable as fixed by the Interstate

Commission, and

d. suspension or termination of membership in the

compact, which shall be imposed only after all other

reasonable means of securing compliance under the

bylaws and rules have been exhausted and the

Interstate Commission has therefore determined that

the offending state is in default. Immediate notice

of suspension shall be given by the Interstate

Commission to the Governor, the Chief Justice or the

Chief Judicial Officer of the state, the majority and

minority leaders of the defaulting state’s

legislature, and the state council. The grounds for

default include, but are not limited to, failure of a

compacting state to perform such obligations or

responsibilities imposed upon it by this compact, the

bylaws, or duly promulgated rules and any other

grounds designated in Interstate Commission bylaws and

rules. The Interstate Commission shall immediately

notify the defaulting state in writing of the penalty

imposed by the Interstate Commission and of the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 483

default pending a cure of the default. The Interstate

Commission shall stipulate the conditions and the time

period within which the defaulting state must cure its

default. If the defaulting state fails to cure the

default within the time period specified by the

Interstate Commission, the defaulting state shall be

terminated from the compact upon an affirmative vote

of a majority of the compacting states and all rights,

privileges and benefits conferred by this compact

shall be terminated from the effective date of

termination.

2. Within sixty (60) days of the effective date of termination

of a defaulting state, the Interstate Commission shall notify the

Governor, the Chief Justice or Chief Judicial Officer, the Majority

and Minority Leaders of the defaulting state’s legislature, and the

state council of such termination.

3. The defaulting state is responsible for all assessments,

obligations and liabilities incurred through the effective date of

termination including any obligations, the performance of which

extends beyond the effective date of termination.

4. The Interstate Commission shall not bear any costs relating

to the defaulting state unless otherwise mutually agreed upon in

writing between the Interstate Commission and the defaulting state.

5. Reinstatement following termination of any compacting state

requires both a reenactment of the compact by the defaulting state

and the approval of the Interstate Commission pursuant to the rules.

C. Judicial enforcement.

The Interstate Commission may, by majority vote of the members,

initiate legal action in the United States District Court for the

District of Columbia or, at the discretion of the Interstate

Commission, in the federal district where the Interstate Commission

has its offices, to enforce compliance with the provisions of the

compact, its duly promulgated rules and bylaws, against any

compacting state in default. In the event judicial enforcement is

necessary the prevailing party shall be awarded all costs of such

litigation including reasonable attorneys fees.

D. Dissolution of compact.

1. The compact dissolves effective upon the date of the

withdrawal or default of the compacting state, which reduces

membership in the compact to one compacting state.

2. Upon the dissolution of this compact, the compact becomes

null and void and shall be of no further force or effect, and the

business and affairs of the Interstate Commission shall be concluded

and any surplus funds shall be distributed in accordance with the

bylaws.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 484
Okla. Stat. tit. 10, § 10-7003-8.4 — OK Code / Title 10 / Section 10-7003-8.4
Renumbered as § 1-4-501 of Title 10A by Laws 2009, c
Status: in_force

233, § 235, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-60.28 — OK Code / Title 10 / Section 10-60.28
Renumbered as § 7510-1.4 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7003-6.2A — OK Code / Title 10 / Section 10-7003-6.2A
Renumbered as § 1-4-802 of Title 10A by Laws 2009,
Status: in_force

c. 233, § 249, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-601.81 — OK Code / Title 10 / Section 10-601.81
Home visiting programs – Requirements – Objectives –
Status: in_force

Annual report.

Oklahoma Statutes - Title 10. Children Page 164

A. The departments that provide home-visiting services may

adopt and promulgate rules by which the home-visiting program shall

operate.

B. The departments shall provide a framework for service

delivery and accountability across all home-visiting programs to

promote a continuum of care that targets families at the greatest

risk for experiencing adverse childhood outcomes.

C. A home-visiting program shall provide face-to-face visits by

specially trained parent educators to provide home-based family

support services.

D. The departments shall ensure home-visiting programs work in

partnership to serve children, thereby maximizing the opportunities

for families to receive services that best fit their needs.

E. A home-visiting program shall achieve two or more of the

following:

1. Improve prenatal, maternal, infant or child health outcomes,

including, but not limited to, indicators such as preterm birth

rates, substance abuse and tobacco use;

2. Reduce entry into the child welfare system;

3. Improve positive parenting and relationship skills;

4. Improve parental self-sufficiency, including increased

employment and educational attainment;

5. Improve children's readiness to succeed in school; and

6. Improve children's social-emotional, cognitive and language

and physical development, including efforts at early identification

of delays.

F. The departments shall work with community partners,

researchers, model developers, program providers and interested

private entities to develop processes that provide for a greater

ability to collaborate, as well as share best practices and

information as necessary and appropriate.

G. When the departments authorize funds through payments,

contracts or grants that are used for home-visiting programs, they

shall include language regarding home visiting in the funding

agreement contract or grant that is consistent with the provisions

of the Family Support Accountability Act.

H. State and local agencies administering home-visiting

programs as defined in this act, providers of home-visiting services

and experts in home-visiting program evaluation shall collaborate

with the Early Childhood Advisory Council created in Section 640.1

of Title 10 of the Oklahoma Statutes to:

1. Jointly develop an outcomes measurement plan which includes

indicators related to the objectives established in subsection E of

this section in order to monitor outcomes for children and families

receiving home-visiting programs and determine the efficiency of

agency program implementation;

Oklahoma Statutes - Title 10. Children Page 165

2. Complete and submit the outcomes measurement plan for state-

funded home-visiting programs by January 1, 2016, to the Governor,

the Legislature, the Oklahoma Commission on Children and Youth and

the Early Childhood Advisory Council and complete and submit an

updated plan every subsequent five (5) years; and

3. Develop a process for collecting and reporting outcomes

measures to maintain privacy and security.

I. Beginning December 1, 2017, and annually thereafter, the

departments shall allocate resources to collaborate with the Early

Childhood Advisory Council to submit an annual outcomes report to

the Governor and the Legislature.

J. The annual outcomes report shall include:

1. Achieved outcomes as agreed upon and described in the

previously submitted outcomes measurement plan pursuant to

subsection H of this section for all state-funded family support

programs;

2. Combined program data regarding:

a. the cost per family served,

b. the number of families served,

c. demographic data on families served, and

d. the number and type of programs that the departments

have funded; and

3. Recommendations for quality improvements and future program

investments.
Okla. Stat. tit. 10A, § 10A-2-2-505 — OK Code / Title 10A / Section 10A-2-2-505
Juvenile drug court program
Status: in_force

A. The court is hereby authorized to establish a juvenile drug

court for the purpose of treating adjudicated juveniles who have a

substance abuse disorder. The Department of Mental Health and

Substance Abuse Services shall assist in the establishment of

juvenile drug courts.

B. At the disposition hearing to set disposition of a case, the

court may determine whether there are any statutory preclusions,

other prohibitions, or program limitations that exist and are

applicable to considering the juvenile for participation in the drug

court program.

C. A juvenile drug court investigation shall be ordered by the

court, upon the motion of the district attorney, the juvenile, or

the judge, once the requirements of subsection B of this section are

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

eligibility for admittance into the program.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 318

D. Upon denial for consideration in the juvenile drug court

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

by the Juvenile Code.
Okla. Stat. tit. 10, § 10-7003-5.3 — OK Code / Title 10 / Section 10-7003-5.3
Renumbered as § 1-4-704 of Title 10A by Laws 2009, c
Status: in_force

233, § 246, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1622 — OK Code / Title 10 / Section 10-1622
Renumbered as § 522 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-557.15 — OK Code / Title 10 / Section 10-557.15
Proceedings governed by Code of Civil Procedure -
Status: in_force

Confidentiality.

Unless otherwise provided by the Oklahoma Gestational Agreement

Act, any proceedings conducted pursuant to this act will be governed

by the Code of Civil Procedure of the State of Oklahoma. All such

Oklahoma Statutes - Title 10. Children Page 119

proceedings, any pleadings, motions, documents or records associated

therewith and the identities of the parties to a gestational

agreement are all to be kept confidential, and any such proceedings

shall be held in closed court without the admittance of any person

other than interested parties and their counsel. It is the intent

of this section that the same standards of confidentiality,

inspection and disclosure applied to cases of adoption in this state

shall apply to the proceedings and papers related to gestational

agreements under this act.
Okla. Stat. tit. 10A, § 10A-2-5-201 — OK Code / Title 10A / Section 10A-2-5-201
Short title - Youthful Offender Act
Status: in_force

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 351

Sections 2-5-201 through 2-5-213 of this title shall be known

and may be cited as the "Youthful Offender Act".
Okla. Stat. tit. 10A, § 10A-1-7-112 — OK Code / Title 10A / Section 10A-1-7-112
Voluntary foster care placement
Status: in_force

A. The Department of Human Services may accept a child into

voluntary foster care placement when requested by the parent having

legal custody of the child or when requested by a child residing in

foster care who reaches eighteen (18) years of age and wishes to

continue to reside in the foster care home pursuant to the

provisions of subsection B of this section.

B. 1. Any child may be accepted into voluntary foster care

placement with the Department.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 204

2. The Department shall inform a parent considering voluntary

foster care placement of a child, or the child residing in foster

care who attains eighteen (18) years of age and wishes to continue

to reside in the foster care home, of the following as applicable:

a. a parent who enters a voluntary foster care placement

agreement may at any time request that the agency

return the child,

b. evidence gathered during the time the child is

voluntarily placed in foster care may be used at a

later time as the basis for a petition alleging that

the child is deprived, or as the basis for a petition

seeking termination of parental rights,

c. the timelines and procedures for voluntary foster care

placements.

3. Upon acceptance of a child into voluntary foster care

placement, the Department shall prepare a notice of placement signed

by the parent or the child residing in foster care who reaches

eighteen (18) years of age and wishes to continue to reside in the

foster care home.

4. A period of voluntary foster care placement pursuant to the

provisions of this section shall not exceed ninety (90) days except

as otherwise provided by the Department by rule.

5. Except as otherwise provided by this section or Section 1-4-

904 of this title, voluntary foster care placement pursuant to the

conditions and restrictions of this subsection shall not constitute

abandonment, or abuse or neglect as defined in the Oklahoma

Children's Code.

6. The Department shall promulgate rules for the purpose of

assessing parents for the full or partial cost of voluntary foster

care placement.
Okla. Stat. tit. 10, § 10-7302-8.1 — OK Code / Title 10 / Section 10-7302-8.1
Renumbered as § 2-7-801 of Title 10A by Laws 2009, c
Status: in_force

234, § 176, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7207 — OK Code / Title 10 / Section 10-7207
Renumbered as § 1-7-110 of Title 10A by Laws 2009, c
Status: in_force

233, § 283, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7302-3.10 — OK Code / Title 10 / Section 10-7302-3.10
Renumbered as § 2-7-310 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 171, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-2-507 — OK Code / Title 10A / Section 10A-2-2-507
Juvenile drug court program – Final eligibility
Status: in_force

hearing – Admittance into program.

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

determine final eligibility of the juvenile for the juvenile drug

court program by considering:

1. Whether the juvenile is appropriate for placement in drug

court, as provided in subsection A of Section 2-2-506 of this title;

2. The findings and recommendations of the juvenile drug court

investigation;

3. Whether there is an appropriate treatment program available

to the juvenile and whether there is a recommended treatment plan;

and

4. Any information relevant to determining eligibility. A

juvenile shall not be denied admittance to any juvenile drug court

program based upon the inability of the juvenile and the person

responsible for the health or welfare of the juvenile, as defined in

Section 2-1-103 of this title, to pay court costs or other costs or

fees.

B. The judge shall require the person responsible for the

health or welfare of the juvenile, as defined in Section 2-1-103 of

this title, to demonstrate support for the participation of the

juvenile in the program. In order for the juvenile to be admitted

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

of the juvenile shall accept the personal jurisdiction of the court.

Any adult who establishes a permanent residence in the home where

the juvenile resides after the juvenile has been admitted to the

program shall also accept the personal jurisdiction of the court.

Failure of the adult responsible for the health or welfare of the

juvenile or the adult who resides in the home with the juvenile to

accept personal jurisdiction of the court shall result in either

contempt of court proceedings for the adult, removal of the juvenile

from the home, or both. A juvenile shall not be removed from the

drug court program based solely on the failure of the adult to

comply with the provisions of this subsection.

C. When the court accepts the treatment plan, the juvenile and

the person responsible for the health or welfare of the juvenile, as

defined in Section 2-1-103 of this title, must have voluntarily

signed the necessary court documents before the juvenile may be

admitted to treatment. The court documents shall include:

1. A written treatment plan which is subject to modification at

any time during the program, as set forth in paragraph 4 of

subsection B of Section 2-2-506 of this title;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 321

2. A statement requiring the juvenile to enter the treatment

program as directed by the court and to participate until

completion, withdrawal, or removal by the court; and

3. A statement signed voluntarily by the person or persons

responsible for the health or welfare of the juvenile that such

person will comply with the orders of the court and any conditions

of the treatment program and supervising staff for as long as the

juvenile participates in the juvenile drug court program.

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

the case shall be returned to the traditional juvenile docket and

shall proceed as provided for any other juvenile case.

E. At the time a juvenile is admitted to the juvenile drug

court program, any bond, bail or undertaking on behalf of the

juvenile shall be exonerated.

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

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

juvenile drug court program. Any person admitted to a juvenile drug

court program who becomes eighteen (18) years of age shall be

eligible to complete the drug court program.

2. All participating treatment providers shall be certified by

the Department of Mental Health and Substance Abuse Services and

shall be selected and evaluated for performance-based effectiveness

annually by the Department of Mental Health and Substance Abuse

Services. Treatment programs shall be designed to be completed

within twelve (12) months and shall have relapse prevention and

evaluation components.
Okla. Stat. tit. 10A, § 10A-1-2-110 — OK Code / Title 10A / Section 10A-1-2-110
Abandonment of child in voluntary placement
Status: in_force

A. For a child in a voluntary foster care placement pursuant to

an agreement between the parent, legal guardian or custodian of the

child and the Developmental Disabilities Services Division of the

Department of Human Services if the division determines that such

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 65

child has been abandoned pursuant to the provisions of Section 1-4-

904 of this title, such Division may complete a written report of

recommendations to the Division of Children and Family Services

within the Department. Such report shall specify that the child has

been abandoned and shall recommend that the Division of Children and

Family Services request the district attorney to file a petition

alleging the child to be deprived. If the court determines that the

child has been abandoned, reasonable efforts to provide for the

return of the child to the child's own home shall not be required.

Then the court shall conduct a permanency hearing within thirty (30)

days of such determination pursuant to the provision of Section 1-4-

811 of this title.

B. If the child is subsequently adjudicated deprived, the

Developmental Disabilities Services Division and the Division of

Children and Family Services shall cooperate and collaborate with

regard to the welfare, health and safety of the child in a permanent

placement pursuant to the provisions of the Oklahoma Children's

Code.
Okla. Stat. tit. 10A, § 10A-1-2-103 — OK Code / Title 10A / Section 10A-1-2-103
Judicial authority to request investigation
Status: in_force

A judge of the district court may request an investigation be

conducted by the Oklahoma State Bureau of Investigation or other law

enforcement agency in cases where the court reasonably believes that

criminally injurious conduct including, but not limited to, physical

or sexual abuse of a child has occurred.
Okla. Stat. tit. 10, § 10-7303-5.4 — OK Code / Title 10 / Section 10-7303-5.4
Renumbered as § 2-2-504 of Title 10A by Laws 2009, c
Status: in_force

234, § 181, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-601.30 — OK Code / Title 10 / Section 10-601.30
Board of Child Abuse Examination - Membership -
Status: in_force

Officers - Meetings - Quorum.

A. For the purpose of establishing a statewide system to

provide expert medical evaluation for children suspected to be the

victims of child abuse or neglect, there is hereby created the Board

of Child Abuse Examination within the Oklahoma Commission on

Children and Youth.

B. The Board shall consist of ten (10) members as follows:

1. The Director of the State Bureau of Investigation, or a

designee;

2. The Commissioner of the State Department of Health, or a

designee;

3. The Director of the Department of Human Services, or a

designee;

4. The Director of the Oklahoma State District Attorneys

Association, or a designee;

5. The president of a statewide association of osteopathic

physicians, or a designee;

6. The president of a statewide association of allopathic

physicians, or a designee;

7. The Chief Executive Officer of the Oklahoma Health Care

Authority, or a designee;

8. The Executive Director of the Oklahoma Board of Nursing, or

a designee;

9. A representative of a statewide association of child

advocacy centers; and

10. The Chief Child Abuse Examiner provided for by Section

601.31 of this title. The Chief Child Abuse Examiner shall be a

nonvoting member of the Board.

C. 1. The Board shall annually elect one member to serve as

chair and one member to serve as vice-chair.

2. The members of the Board shall receive no compensation for

their services on the Board, but may be reimbursed pursuant to the

State Travel Reimbursement Act.

3. The Board shall meet not less than quarterly and may meet

more frequently as necessary, as determined by the chair. Six

members shall constitute a quorum.
Okla. Stat. tit. 10, § 10-7214 — OK Code / Title 10 / Section 10-7214
Renumbered as § 1-7-112 of Title 10A by Laws 2009, c
Status: in_force

233, § 285, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 10. Children Page 286
Okla. Stat. tit. 10, § 10-557.25 — OK Code / Title 10 / Section 10-557.25
Application with other laws
Status: in_force

Except as otherwise expressly provided by the Oklahoma

Gestational Agreement Act, all other laws regarding parentage and

the determination thereof remain in full force and effect.
Okla. Stat. tit. 10A, § 10A-1-4-705 — OK Code / Title 10A / Section 10A-1-4-705
Religious preference in placement - Placement of
Status: in_force

child – Restriction on placement in home of felon or sex offender.

A. In placing a child in the custody of an individual, a

private agency, or institution, the court and the Department of

Human Services shall, if possible, select a person, agency, or

institution governed by persons of the same religious faith as that

of the parents of the child, or in case of a difference in the

religious faith of the parents, then of the religious faith of the

child.

B. Except as otherwise provided by this section or by law, it

shall be left to the discretion of the judge to place the custody of

children where their total needs will best be served. If an

individual meets the minimum required age for placement purposes,

the age of an otherwise eligible individual shall not be a reason

for denying the individual placement or custody of a child.

C. A prospective foster or adoptive parent shall not be an

approved placement for a child if the prospective foster or adoptive

parent or any other person residing in the home of the prospective

foster or adoptive parent has been convicted of any of the following

felony offenses:

1. Within the five-year period preceding the application date,

a physical assault, battery, or a drug-related offense;

2. Child abuse or neglect;

3. Domestic abuse;

4. A crime against a child, including, but not limited to,

child sexual abuse material; or

5. A crime involving violence, including, but not limited to,

rape, sexual assault or homicide, but excluding those crimes

specified in paragraph 1 of this subsection.

D. 1. Under no circumstances shall a child be placed with or

in the custody of an individual subject to the Oklahoma Sex

Offenders Registration Act or an individual who is married to or

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 116

living with an individual subject to the Oklahoma Sex Offenders

Registration Act.

2. In addition, prior to the court placing a child in the

custody of an individual, the court shall inquire as to whether the

individual has been previously convicted of any felony or relevant

misdemeanor or has any felony or misdemeanor charges pending.

3. Prior to the custody order being entered, the individual

seeking custody shall provide an Oklahoma criminal history record

obtained pursuant to Section 150.9 of Title 74 of the Oklahoma

Statutes to the court.

4. For purposes of this subsection the terms:

a. "relevant misdemeanor" may include assault and

battery, alcohol- or drug-related offenses, domestic

violence or other offenses involving the use of

physical force or violence against the person or

property of another, and

b. "individual" shall not include a parent or legal

guardian of the child.

E. The provisions of this section shall not apply in any

paternity or domestic relations case, unless otherwise ordered by

the court.
Okla. Stat. tit. 10A, § 10A-2-10-103 — OK Code / Title 10A / Section 10A-2-10-103
Annual report
Status: in_force

The Oklahoma Commission on Children and Youth shall prepare

annually a report describing the Oklahoma Mentoring Children of

Incarcerated Parents Program and measuring its effectiveness. The

report shall be submitted to the President Pro Tempore of the

Senate, the Speaker of the House of Representatives and the Governor

of this state no later than March 1 of each applicable year. The

report may be used for the purpose of determining whether to

continue or sunset the Oklahoma Mentoring Children of Incarcerated

Parents Program.
Okla. Stat. tit. 10, § 10-7510-2.1 — OK Code / Title 10 / Section 10-7510-2.1
Department of Human Services to contract or join with
Status: in_force

adoption exchange - Information to be provided - Definitions.

A. The Department of Human Services, as funds become available

for such purposes, shall contract with or join the Oklahoma

Children's Adoption Resources Exchange or any other instate or out-

of-state or national adoption exchange for purposes of increasing

and promoting the placement and adoption of children who are in the

custody of the Department of Human Services and in child-placing

agencies.

B. Upon contracting with or joining the Oklahoma Children's

Adoption Resources Exchange or any instate or out-of-state or

national adoption exchange, the Department and all child-placing

agencies shall be required to provide certain information to the

Oklahoma Children's Adoption Resource Exchange or any other instate,

out-of-state or national adoption exchange specified by the

Department.

C. For purposes of the Subsidized Adoption Act:

1. "Adoption exchange" shall include only those exchanges which

provide a monthly updated system, containing a photograph or

description of each child whose parental rights have been terminated

and is legally available for adoption; and

2. "Oklahoma Children's Adoption Resource Exchange" is a

private nonprofit corporation incorporated in this state whose

membership is composed of child-placing agencies which operates

under the direction of a board of directors selected in accordance

with the bylaws of the corporation.
Okla. Stat. tit. 10, § 10-603.2 — OK Code / Title 10 / Section 10-603.2
Renumbered as § 7302-3.9 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-553 — OK Code / Title 10 / Section 10-553
Persons authorized - Consent
Status: in_force

No person shall perform the technique of heterologous artificial

insemination unless currently licensed to practice medicine in this

State, and then only at the request and with the written consent of

the husband and wife desiring the utilization of such technique. The

said consent shall be executed and acknowledged by both the husband

and wife and the person who is to perform the technique, and the

judge having jurisdiction over adoption of children, and an original

thereof shall be filed under the same rules as adoption papers. The

written consent so filed shall not be open to the general public,

and the information contained therein may be released only to the

persons executing such consent, or to persons having a legitimate

interest therein as evidenced by a specific court order.
Okla. Stat. tit. 10, § 10-620.6 — OK Code / Title 10 / Section 10-620.6
Guidelines and forms for inspection, release,
Status: in_force

disclosure, etc. of records.

A. The task force established pursuant to Section 620.2 of

Title 10 of the Oklahoma Statutes, with the cooperation and

assistance of the Serious and Habitual Juvenile Offender Program

Implementation Task Force, shall prepare proposed guidelines and the

form and content of proposed interagency agreements for the

Oklahoma Statutes - Title 10. Children Page 171

inspection, release, disclosure, sealing and expungement of

information contained in the records defined by Section 9 of this

act. Said guidelines shall:

1. Be in compliance with applicable state and federal laws

providing for the confidentiality of records and information;

2. Provide for the inspection, release or disclosure of only

the information necessary and appropriate, and only to the extent

necessary, for the purpose for which such inspection, release or

disclosure is made.

B. On or before July 1, 1993, the agencies listed in subsection

A of Section 620.3 of Title 10 of the Oklahoma Statutes and the

agencies comprising the juvenile justice system as defined by

Section 2 of this act shall, and the agencies comprising the

children and youth service system as defined by Section 600 of Title

10 of the Oklahoma Statutes may:

1. Adopt rules, policies, procedures, standards, protocols and

guidelines, as appropriate, for the inspection, release, disclosure,

sealing and expungement of confidential records in accordance with

the proposed guidelines prepared pursuant to subsection A of this

section; and

2. Enter into contracts or interagency agreements under the

Interlocal Cooperation Act for the sharing or disclosure of

confidential information in accordance with said rules, policies,

procedures, standards, protocols and guidelines.
Okla. Stat. tit. 10, § 10-1104.1 — OK Code / Title 10 / Section 10-1104.1
Renumbered as § 7003-3.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-1-1-101 — OK Code / Title 10A / Section 10A-1-1-101
Short title - Subsequent enactments - Article,
Status: in_force

chapter and part captions.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 8

A. Sections 1-1-101 through 1-9-122 of this title shall be

known and may be cited as the "Oklahoma Children's Code".

B. All statutes hereinafter enacted and codified in this title

shall be considered and deemed part of the Oklahoma Children's Code.

C. Article, chapter, and part captions are part of the Oklahoma

Children's Code, but shall not be deemed to govern, limit or in any

manner affect the scope, meaning or intent of the provisions of any

chapter or part of this Code.

D. The provisions of this article shall not apply to adoption

proceedings and actions to terminate parental rights which do not

involve a petition for deprived status of the child. Such

proceedings and actions shall be governed by the Oklahoma Adoption

Code.
Okla. Stat. tit. 10A, § 10A-2-7-905 — OK Code / Title 10A / Section 10A-2-7-905
Juvenile Justice Information System - Functions -
Status: in_force

Duties of state and local agencies - Plan for implementation.

A. For the purpose of information sharing and management of the

Juvenile Offender Tracking Program, there is hereby created the

Juvenile Justice Information System. The information system shall

be an automated, data-based, system for tracking juvenile offenders

from arrest through final closure of the case and shall include

information provided by all of the components of the juvenile

justice system in accordance with the provisions of the Juvenile

Offender Tracking Program. The information system shall be fully

integrated with other information systems related to services to

children and youth and shall:

1. Be based upon the integration, utilization and modification,

as necessary, of existing information systems;

2. Provide for the accuracy of the information and for the

security of and limited access to the information;

3. Include case specific information, including client

outcomes, and have the ability to monitor juveniles in the juvenile

justice system; and

4. Be capable of providing management reports and information

to the various components of the juvenile justice system, and of

providing aggregate information necessary for planning, monitoring,

evaluating and managing programs and services provided to youthful

offenders as well as for system-wide analysis of the Juvenile

Offender Tracking Program.

B. The Office of Juvenile Affairs, the juvenile bureaus, the

Oklahoma State Bureau of Investigation, the Office of the Court

Administrator, and other agencies and programs comprising the

juvenile justice system, including but not limited to law

enforcement and district attorneys, in accordance with guidelines

established by the Juvenile Offender Tracking Program, shall

jointly:

1. Identify information to be shared by agencies on a regular

basis;

2. Develop procedures for processing case-profiles as cases

move through agencies that come in contact with juvenile offenders;

3. Establish training programs in the use of the system;

4. Conduct a pilot project to test the system; and

5. At least annually, evaluate the plan for full statewide

implementation of the Juvenile Justice Information System and submit

any necessary modifications of the existing plan to the Juvenile

Offender Tracking Program and to the Governor, the President Pro

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 458

Tempore of the Senate, the Speaker of the House of Representatives,

and each agency affected by said plan.
Okla. Stat. tit. 10, § 10-7113 — OK Code / Title 10 / Section 10-7113
Renumbered as § 1-4-507 of Title 10A by Laws 2009, c
Status: in_force

233, § 240, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7218 — OK Code / Title 10 / Section 10-7218
Renumbered as § 1-2-110 of Title 10A by Laws 2009, c
Status: in_force

233, § 221, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-92 — OK Code / Title 10 / Section 10-92
Procedure to confer rights of majority - Petition -
Status: in_force

Jurisdiction and venue - Decree.

Any minor desiring to obtain the rights of majority for the

purpose named in Section 91 of this title may, by his next friend,

file a verified petition in the district court of the county in

which such minor shall reside, or, if the minor is a nonresident of

the State of Oklahoma, said verified petition shall be filed in the

county in Oklahoma where said minor owns real estate, setting forth

the age of the minor petitioner and that said petitioner is then and

has been a bona fide resident of such county for at least one (1)

year next before the filing of the petition, or that said minor is a

nonresident owning property within the State of Oklahoma, and the

cause for which the petitioner seeks to obtain the rights of

majority. The petition should state whether or not the parents of

the minor are living, and if living, their names and addresses;

whether or not a guardian has been appointed for the minor and, if a

guardian has been appointed, the guardian's name and address; who

has legal custody of the minor and, if the person having legal

custody is not a parent or the guardian, the name and address of the

person who has custody. And the district court being satisfied that

the said petitioner is a person of sound mind and able to transact

his affairs, and that the interests of the petitioner will be

thereby promoted, may, in its discretion, order and decree that the

petitioner be empowered to exercise the rights of majority for all

purposes mentioned in this act.
Okla. Stat. tit. 10, § 10-1430.24 — OK Code / Title 10 / Section 10-1430.24
Access to group homes
Status: in_force

A. Residents of group homes subject to the Group Homes for

Persons with Developmental or Physical Disabilities Act may receive

any guest or visitor in the group home during reasonable hours as

long as the visit does not infringe upon the rights of other group

home residents. Any guest or visitor entering a group home shall

promptly notify the staff on duty of their presence and shall, upon

request, produce identification to establish their identity. No

such person shall enter the immediate living area of any resident

Oklahoma Statutes - Title 10. Children Page 254

without first identifying oneself and then receiving permission from

the resident to enter. The rights of other residents present in the

room shall be respected. A resident may terminate at any time a

visit by a person having access to the living area of the resident

pursuant to this section.

B. This section shall not limit the power of the Department of

Human Services or other public agency otherwise permitted or

required by law to enter and inspect a group home.

C. The provider or licensee may refuse access to the group home

to any person if the presence of that person in the group home would

be injurious to the health and safety of a resident or would

threaten the security of the property of a resident or the group

home, or if the person seeks access to the group home for commercial

purposes.
Okla. Stat. tit. 10, § 10-7110 — OK Code / Title 10 / Section 10-7110
Renumbered as § 1-9-102 of Title 10A by Laws 2009, c
Status: in_force

233, § 294, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-7-311 — OK Code / Title 10A / Section 10A-2-7-311
Annual review of programs and services and
Status: in_force

implementation of Youthful Offender Act - Reports.

A. The Office of Juvenile Affairs shall from time to time, but

not less often than annually, review its programs and services and

submit a report to the Governor, the Speaker of the House of

Representatives, the President Pro Tempore of the Senate, the

Supreme Court of the State of Oklahoma, the Board of Juvenile

Affairs, and the Oklahoma Commission on Children and Youth analyzing

and evaluating the effectiveness of its programs and services. The

report shall include, but not be limited to:

1. An analysis and evaluation of programs and services

continued, established and discontinued during the period covered by

the report;

2. A description of programs and services which should be

implemented;

3. Relevant information concerning the number of children

comprising the population of any facility operated by the Office of

Juvenile Affairs during the period covered by the report;

4. An analysis and evaluation, by age, of the number of

children assessed for literacy skills, the number who failed to

demonstrate age-appropriate reading skills, and the number who were

required to participate in a literacy skills improvement program;

and

5. Such other information as will enable a user of the report

to ascertain the effectiveness of the programs, services and

facilities.

B. The Office of Juvenile Affairs shall annually analyze and

evaluate the implementation of the Youthful Offender Act, the

effectiveness of the Youthful Offender Act and any problems which

have occurred which have limited the effectiveness of the Youthful

Offender Act. The annual analysis and evaluation shall be

incorporated in the report required by subsection A of this section.
Okla. Stat. tit. 10, § 10-38 — OK Code / Title 10 / Section 10-38
Renumbered as § 7202.3 of this title by Laws 1998, c. 415,
Status: in_force

§ 51, emerg. eff. June 11, 1998.
Okla. Stat. tit. 10, § 10-1610 — OK Code / Title 10 / Section 10-1610
Renumbered as § 510 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-7502-1.1 — OK Code / Title 10 / Section 10-7502-1.1
Jurisdiction
Status: in_force

Jurisdiction over proceedings to terminate parental rights and

proceedings for the adoption of a minor commenced pursuant to the

Oklahoma Adoption Code shall be governed by the Uniform Child

Custody Jurisdiction and Enforcement Act as provided in Sections

551-101 through 551-402 of Title 43 of the Oklahoma Statutes.
Okla. Stat. tit. 10, § 10-7209 — OK Code / Title 10 / Section 10-7209
Renumbered as § 1-7-111 of Title 10A by Laws 2009, c
Status: in_force

233, § 284, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1604 — OK Code / Title 10 / Section 10-1604
Renumbered as § 504 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-1507.9 — OK Code / Title 10 / Section 10-1507.9
Renumbered as § 7302-6.9 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-1146 — OK Code / Title 10 / Section 10-1146
Renumbered as § 7302-6.5 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-410.1 — OK Code / Title 10 / Section 10-410.1
Quality of Care Development Fund
Status: in_force

There is established in the State Treasury a revolving fund to

be known as the "Quality of Care Development Fund". The fund shall

be a continuing fund, not subject to fiscal year limitations, and

shall consist of all fines collected by the Department of Human

Services pursuant to Section 407 of this title and shall, in

addition to any other monies made available for such purpose, be

available to the Director solely to support the continued

improvement of the child care facilities in this state.

Expenditures from the fund shall be made upon warrants issued by the

State Treasurer against claims filed as prescribed by law with the

Director of the Office of Management and Enterprise Services for

approval and payment.
Okla. Stat. tit. 10A, § 10A-1-4-905 — OK Code / Title 10A / Section 10A-1-4-905
Notice of hearing to terminate parental rights
Status: in_force

A. 1. Prior to a hearing on the petition or motion for

termination of parental rights, notice of the date, time, and place

of the hearing and a copy of the petition or motion to terminate

parental rights shall be served upon the parent who is the subject

of the termination proceeding by personal delivery, by certified

mail, or by publication as provided for in Section 1-4-304 of this

title.

2. The notice shall contain the following or substantially

similar language: "FAILURE TO PERSONALLY APPEAR AT THIS HEARING

CONSTITUTES CONSENT TO THE TERMINATION OF YOUR PARENTAL RIGHTS TO

THIS CHILD OR THESE CHILDREN. IF YOU FAIL TO APPEAR ON THE DATE AND

TIME SPECIFIED, YOU MAY LOSE ALL LEGAL RIGHTS AS A PARENT TO THE

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 166

CHILD OR CHILDREN NAMED IN THE PETITION OR MOTION ATTACHED TO THIS

NOTICE."

3. Notice shall be served upon the parent not less than fifteen

(15) calendar days prior to the hearing.

4. Any actual notice of termination of parental rights shall

state that the duty of the parent to support his or her minor child

will not be terminated except for adoption as provided by paragraph

3 of subsection B of Section 1-4-906 of this title.

5. The failure of a parent who has been served with notice

under this section to personally appear at the hearing shall

constitute consent to the termination of parental rights by the

parent given notice. When a parent who appears voluntarily or

pursuant to notice is directed by the court to personally appear for

a subsequent hearing on a specified date, time and location, the

failure of that parent to personally appear, or to instruct his or

her attorney to proceed in absentia at the trial, shall constitute

consent by that parent to termination of his or her parental rights.

B. 1. The court shall have the power to vacate an order

terminating parental rights if the parent whose parental rights were

terminated pursuant to subsection A of this section files a motion

to vacate the order within thirty (30) days after the order is filed

with the court clerk. This section shall be the exclusive procedure

by which a parent can move to vacate an order terminating parental

rights entered under this section.

2. Notice of the motion shall be given to all the parties and

their attorneys and the court shall set the matter for hearing

expeditiously.

3. The burden of proof is on the defaulting parent to show that

he or she had no actual notice of the hearing, or due to unavoidable

casualty or misfortune the parent was prevented from either

contacting his or her attorney, if any, or from attending the

hearing or trial.

4. If the motion to vacate the order terminating parental

rights due to a failure to appear is found to have merit, the

statutory consent shall be set aside and a new trial conducted.
Okla. Stat. tit. 10, § 10-7302-9.1 — OK Code / Title 10 / Section 10-7302-9.1
Renumbered as § 2-7-901 of Title 10A by Laws 2009, c
Status: in_force

234, § 177, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 10. Children Page 289
Okla. Stat. tit. 10, § 10-1430.17 — OK Code / Title 10 / Section 10-1430.17
Conditional license
Status: in_force

A. The Department of Human Services may issue a conditional

license to any group home if the Department finds that a violation

exists in such group home. The issuance of a conditional license

shall revoke any license held by the group home issued pursuant to

the Group Homes for Persons with Developmental or Physical

Disabilities Act.

B. Prior to the issuance of a conditional license, the

Department shall review and approve a written plan of correction.

The Department shall specify the violations which prevent issuance

of a regular license and shall establish a time schedule for

correction of the deficiencies. Retention of the license shall be

conditional on meeting the requirements of the plan of correction.

In the alternative or in addition to a conditional license, the

Director of Human Services may withhold vendor payments due to a

group home under its programs until such time as the corrections are

made or a plan of correction for all deficiencies is approved by the

Department.

C. Written notice of the decision to issue a conditional

license shall be sent to the group home together with the proposed

plan of correction. The notice shall inform the group home of its

right to an informal conference prior to issuance of the conditional

license and its right to a full hearing.

D. If the group home desires to have an informal conference it

shall, within four (4) working days of receipt of notice, send a

written request for an informal conference to the Department. The

Department shall, within four (4) working days from the receipt of

the request, hold an informal conference. Following the conference,

the Department may affirm or overrule its previous decision, or

modify the terms of the conditional license and plan of correction.

Oklahoma Statutes - Title 10. Children Page 248

The conditional license may be issued after the informal conference

or after the time for requesting an informal conference has expired,

prior to any further hearing.

E. If after the informal conference the group home desires to

contest the basis for issuance of a conditional license, or the

terms of the license or plan of correction, the facility shall send

a written request for hearing to the Department within ten (10) days

after issuance of the conditional license and the Department shall

then hold the hearing.

F. A conditional license shall be issued for a period specified

by the Department, but in no event for more than one (1) year. The

Department shall periodically, but not less than semiannually,

inspect any group home operating under a conditional license. If

the Department finds substantial failure by the group home to follow

the plan of correction, the conditional license may be revoked.

G. If the Department determines that a conditional license

shall expire without renewal or replacement of the conditional

license by a regular license, the Department shall so notify the

licensee at least thirty (30) days prior to expiration of the

license. The licensee is entitled to a hearing if requested prior

to expiration of the conditional license. The provider is entitled

to a hearing if requested prior to expiration of the conditional

license.
Okla. Stat. tit. 10A, § 10A-1-9-116.1 — OK Code / Title 10A / Section 10A-1-9-116.1
Liability of foster parent
Status: in_force

A foster parent who is acting in good faith and pursuant to the

reasonable and prudent parent standard shall not be liable for

property damage or injuries caused by the child or injuries to the

child placed in his or her care when the child engages in

appropriate activities and such damage or injuries result from the

inherent risks typically associated with such activities. Nothing

in this section shall prevent or limit the liability of a foster

parent if the foster parent commits an act or omission that

constitutes willful or wanton disregard for the safety of the child

or other persons or their property, and that act or omission caused

the damage or injuries.
Okla. Stat. tit. 10A, § 10A-1-3-103 — OK Code / Title 10A / Section 10A-1-3-103
Immunity from liability for authorizing medical
Status: in_force

treatment or mental health evaluation or treatment.

No peace officer, employee of the court, employee of the

Department of Human Services, or person consenting or not consenting

to medical treatment or behavioral health evaluation or treatment in

accordance with the provisions of this title shall have any

liability, civil or criminal, for such action. No physician or

health care provider acting pursuant to consent or pursuant to court

order authorizing treatment shall have any liability, civil or

criminal, for acting pursuant to consent or authorization.
Okla. Stat. tit. 10, § 10-7003-6.2 — OK Code / Title 10 / Section 10-7003-6.2
Renumbered as § 1-5-101 of Title 10A by Laws 2009, c
Status: in_force

233, § 266, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-4-105 — OK Code / Title 10A / Section 10A-2-4-105
Arrests - Service of process
Status: in_force

A. The director or assistants to the director may arrest

without a warrant a probationer, parolee or any person who is a

temporary or permanent ward of the court, or may deputize any other

officer or person with power of arrest by giving such officer or

person a written statement setting forth that a probationer, parolee

or ward of the court has in the judgment of the director or

assistants violated the conditions of probation.

B. The director and assistants to the director shall have and

are hereby vested with authority to serve all process issued by the

court in juvenile dependent, neglect and delinquency cases, and

hereby are vested with authority to make arrests and transport

juveniles in accordance with the laws of this state.
Okla. Stat. tit. 10, § 10-7002-1.1 — OK Code / Title 10 / Section 10-7002-1.1
Renumbered as § 1-4-101 of Title 10A by Laws 2009, c
Status: in_force

233, § 224, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 10. Children Page 273
Okla. Stat. tit. 10, § 10-7700-511 — OK Code / Title 10 / Section 10-7700-511
Release of genetic test report
Status: in_force

Release of the report of genetic testing for parentage is

controlled by Section 237 of Title 56 of the Oklahoma Statutes.
Okla. Stat. tit. 10, § 10-7303-7.5 — OK Code / Title 10 / Section 10-7303-7.5
Renumbered as § 2-2-702 of Title 10A by Laws 2009, c
Status: in_force

234, § 183, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1102 — OK Code / Title 10 / Section 10-1102
Renumbered as § 7303-1.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7700-302 — OK Code / Title 10 / Section 10-7700-302
Requirements of acknowledgment – Void and voidable
Status: in_force

acknowledgment.

A. An acknowledgment of paternity shall:

1. Be in a record and on the form prescribed by the Department

of Human Services pursuant to Section 20 of this act;

2. Be signed, or otherwise authenticated, under penalty of

perjury by the mother and by the man seeking to establish his

paternity;

3. State that the child whose paternity is being acknowledged:

a. does not have a presumed father, or has a presumed

father whose full name is stated, and

b. does not have another acknowledged or adjudicated

father;

4. State whether there has been genetic testing and, if so,

that the acknowledging man’s claim of paternity is consistent with

the results of the testing; and

5. State that the signatories understand that the

acknowledgment is the equivalent of a judicial adjudication of

paternity of the child and that a challenge to the acknowledgment is

permitted only under limited circumstances and is barred after two

(2) years.

B. An acknowledgment of paternity shall be void if it:

1. States that another man is a presumed father, unless a

denial of paternity signed or otherwise authenticated by the

presumed father is filed with the State Department of Health,

Division of Vital Records; or

2. States that another man is an acknowledged or adjudicated

father.

C. An acknowledgment of paternity is voidable if it falsely

denies the existence of a presumed, acknowledged, or adjudicated

father of the child.

D. A presumed father may sign or otherwise authenticate an

acknowledgment of paternity.

Oklahoma Statutes - Title 10. Children Page 398
Okla. Stat. tit. 10, § 10-1430.32 — OK Code / Title 10 / Section 10-1430.32
Violations - Penalties
Status: in_force

A. Any person who has been determined by the Department of

Human Services to have violated any provision of the Group Homes for

Persons with Developmental or Physical Disabilities Act, or any rule

or order issued pursuant thereto may be liable for an administrative

penalty of not more than One Hundred Dollars ($100.00) for each day

that the violation continues. The maximum administrative penalty

shall not exceed Ten Thousand Dollars ($10,000.00) for any related

series of violations.

B. The amount of the penalty shall be assessed by the

Department pursuant to the provisions of subsection A of this

section, after notice and hearing. In determining the amount of the

penalty, the Department shall include but not be limited to

consideration of the nature, circumstances, and gravity of the

violation and, with respect to the person found to have committed

the violation, the degree of culpability, the effect on ability of

the person to continue to do business, and any show of good faith in

attempting to achieve compliance with the provisions of the Group

Homes for Persons with Developmental or Physical Disabilities Act.

Oklahoma Statutes - Title 10. Children Page 259

C. Any license holder may elect to surrender such license in

lieu of said fine but shall be forever barred from obtaining a

reissuance of such license.

D. In addition to or in lieu of a fine as provided in this

section, the Department may issue an administrative order

prohibiting a group home which has a history of incomplete or

partial compliance with the provisions of the Group Homes for

Persons with Developmental or Physical Disabilities Act, or which

has a history of failure to fully implement a plan of correction in

a timely manner from admitting new or additional residents to the

group home.
Okla. Stat. tit. 10, § 10-1122 — OK Code / Title 10 / Section 10-1122
Renumbered as § 7003-8.3 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-413 — OK Code / Title 10 / Section 10-413
Exemptions
Status: in_force

Any minor child, through his or her parent or guardian, may

submit to the health authority charged with the enforcement of the

immunization laws, a certificate of a licensed physician stating

that the physical condition of the child is such that immunization

would endanger the life or health of the child; or upon receipt of a

written statement by the parent or guardian objecting to such

immunizations because of religious or other reasons, then such child

shall be exempt from the provisions of this act.
Okla. Stat. tit. 10A, § 10A-1-9-103b — OK Code / Title 10A / Section 10A-1-9-103b
CAMTA Fund – Administration – Purpose - Contents of
Status: in_force

Fund.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 221

A. The Child Abuse Multidisciplinary Team Account (CAMTA) Fund

shall be administered by the Oklahoma Commission on Children and

Youth for the benefit of children of Oklahoma and made available to

eligible freestanding multidisciplinary child abuse teams.

B. 1. The fund shall consist of:

a. all monies received by the Commission from state

appropriations made for the purposes of contracting

with eligible freestanding multidisciplinary child

abuse teams,

b. interest attributable to investment of money in the

fund,

c. money received by the Commission in the form of gifts,

grants, reimbursements or from any other source

intended to be used for the purposes of contracting

with eligible freestanding multidisciplinary child

abuse teams, and

d. money received from the Child Abuse Multidisciplinary

Account (CAMA) as established in Section 1-9-104 of

Title 10A of the Oklahoma Statutes.

2. The monies deposited in the fund shall at no time become

monies of the state and shall not become part of the general budget

of the Commission or any other state agency. Except as otherwise

authorized by this section, no monies from the fund shall be

transferred for any purpose to any other state agency or any account

of the Commission or be used for the purpose of contracting with any

other state agency or reimbursing any other state agency for any

expense.
Okla. Stat. tit. 10A, § 10A-2-2-802 — OK Code / Title 10A / Section 10A-2-2-802
Termination of parental rights
Status: in_force

A. The finding that a child is delinquent or in need of

supervision shall not deprive the parents of the child of their

parental rights, but a court may terminate the rights of a parent to

a child for any reason authorized in the Oklahoma Children's Code.

The provision of the Oklahoma Children's Code shall govern

termination of parental rights.

B. Whenever parental rights of the parents of a child have been

terminated and the child is committed to the Office of Juvenile

Affairs, the Executive Director of the Office of Juvenile Affairs

shall serve as the legal guardian of the estate of the child, until

another guardian is legally appointed, for the purpose of preserving

the child's property rights, securing for the child any benefits to

which he may be entitled under social security programs, insurance,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 329

claims against third parties, and otherwise, and receiving and

administering such funds or property for the care and education of

the child.
Okla. Stat. tit. 10, § 10-1103 — OK Code / Title 10 / Section 10-1103
Renumbered as § 7003-3.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7510-2.4 — OK Code / Title 10 / Section 10-7510-2.4
Change in status of child listed by exchange
Status: in_force

Any change in the status of a child listed by the Oklahoma

Children's Adoption Resource Exchange or any other instate, out-of-

state or national adoption exchange specified by the Department

shall be reported by the Department of Human Services or child-

placing agency having legal custody of that child to the Oklahoma

Children's Adoption Resource Exchange or any other instate, out-of-

state or national adoption exchange specified by the Department.

The report shall be completed within twenty (20) working days after

the change occurs.
Okla. Stat. tit. 10, § 10-60.16 — OK Code / Title 10 / Section 10-60.16
Renumbered as § 7505-6.5 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10A, § 10A-2-8-304 — OK Code / Title 10A / Section 10A-2-8-304
Annual training — Annual report
Status: in_force

A. The Office of Juvenile Affairs shall be required to provide

annual training for all Office employees, contractors, and

volunteers on the prevention, identification, and reporting of

sexual misconduct and coercive relationships between staff and

juveniles. Such training shall also be provided to employees,

contractors, and volunteers of county facilities where juveniles are

detained.

B. The Office of Juvenile System Oversight shall electronically

submit an annual report to the President Pro Tempore of the Senate

and the Speaker of the House of Representatives that outlines the

number of investigations, findings, and any corrective actions

taken.
Okla. Stat. tit. 10, § 10-551 — OK Code / Title 10 / Section 10-551
Authorization
Status: in_force

The technique of heterologous artificial insemination may be

performed in this State by persons duly authorized to practice

medicine at the request and with the consent in writing of the

husband and wife desiring the utilization of such technique for the

purpose of conceiving a child or children.
Okla. Stat. tit. 10, § 10-7212 — OK Code / Title 10 / Section 10-7212
Renumbered as § 1-9-116 of Title 10A by Laws 2009, c
Status: in_force

233, § 308, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1121 — OK Code / Title 10 / Section 10-1121
Renumbered as § 7003-8.7 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7306-2.4 — OK Code / Title 10 / Section 10-7306-2.4
Renumbered as § 2-5-204 of Title 10A by Laws 2009, c
Status: in_force

234, § 188, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7110.1 — OK Code / Title 10 / Section 10-7110.1
Renumbered as § 1-9-103 of Title 10A by Laws 2009, c
Status: in_force

233, § 295, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 10. Children Page 284
Okla. Stat. tit. 10, § 10-1430.36 — OK Code / Title 10 / Section 10-1430.36
Appointment of receiver
Status: in_force

A. The court may appoint any qualified person as a receiver,

except it shall not appoint any employee or affiliate of the

provider or licensee which is in receivership as its receiver. The

Oklahoma Statutes - Title 10. Children Page 262

Department of Human Services shall maintain a list of such persons

to operate group homes which the court may consider.

B. The receiver shall make provisions for the continued health,

safety and welfare of all residents of the group home.

C. A receiver appointed pursuant to the Group Homes for Persons

with Developmental or Physical Disabilities Act shall exercise those

powers and shall perform those duties set out by the court. These

powers and duties may include those generally ascribed to receivers

and receiverships and may also include the powers and duties of

trustees under the current Bankruptcy Code for the State of

Oklahoma. The court shall provide for the receiver to have

sufficient power and duties to ensure that the residents receive

adequate care.
Okla. Stat. tit. 10, § 10-1507.22 — OK Code / Title 10 / Section 10-1507.22
Renumbered as § 7306-2.8 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7503-2.5 — OK Code / Title 10 / Section 10-7503-2.5
Acknowledgment of consent to adoption or permanent
Status: in_force

relinquishment before judge - Affidavit of nondisclosure.

A. At the time that a written consent to adoption or permanent

relinquishment is acknowledged by a biological parent before a judge

of a court of this state, the judge shall advise the biological

parent:

1. That an adult adopted person born in the State of Oklahoma

whose decree of adoption is finalized after November 1, 1997, may

obtain such person's original certificate of birth;

2. That, if affidavits of nondisclosure have been filed by both

biological parents and have not been revoked by either biological

parent at the time that the request for the original birth

certificate is made by the adult adopted person, the original birth

certificate will not be released to the adult adopted person; and

3. That if an unrevoked affidavit of nondisclosure by only one

biological parent is on file with the State Registrar of Vital

Statistics at the time that the request for the original birth

certificate is made by the adult adopted person, identifying

information regarding the parent who filed the unrevoked affidavit

of nondisclosure will be deleted from the original birth certificate

before it is provided to the adult adopted person. The identity of

the parent who does not have an unrevoked affidavit of nondisclosure

on file, if it is contained in the original birth certificate, will

be disclosed.

B. 1. The judge shall ascertain whether the biological parent

wishes to execute an affidavit of nondisclosure. If so, an

affidavit of nondisclosure form shall be made available to the

biological parent by the court and may be executed in the presence

of the judge at the time the written consent to adoption or

relinquishment for adoption is acknowledged.

2. An affidavit of nondisclosure signed at the time a consent

or relinquishment is acknowledged shall be filed in the adoption

action with the consent or relinquishment for adoption.

3. Affidavit of nondisclosure forms shall also be available in

each district court clerk's office and may be executed and filed by

a biological parent in the court in which an adoption action is

pending.

4. An affidavit of nondisclosure may be filed after a final

decree of adoption has been entered.

C. A biological parent who has executed an affidavit of

nondisclosure may revoke the affidavit of nondisclosure at any time

by filing a revocation with the State Registrar of Vital Statistics.

Upon receipt of a revocation of an affidavit of nondisclosure, the

Oklahoma Statutes - Title 10. Children Page 316

State Registrar shall attach the revocation to the affidavit of

nondisclosure and file it with the original certificate of birth and

other records of the adoption.

D. The failure to follow any provisions of this section shall

not be grounds to challenge a decree of adoption.
Okla. Stat. tit. 10, § 10-7505-3.3 — OK Code / Title 10 / Section 10-7505-3.3
Disclosure Statement of Adoption-related Costs and
Status: in_force

Expenditures.

Oklahoma Statutes - Title 10. Children Page 347

A. The Disclosure Statement of Adoption-related Costs and

Expenditures required by Section 7505-3.2 of Title 10 of the

Oklahoma Statutes shall be in substantially the following form:

DISCLOSURE STATEMENT OF ADOPTION-RELATED COSTS AND EXPENDITURES

The following is a declaration of all fees, expenses, and costs

charged or expected to be charged for the adoption:

1. Retainer fees in the amount of ______________________;

2. The hourly billing rate of _____________________ and the

number of hours billed for the adoption _____________________ for a

total amount of ____________________;

3. All fees charged for preplacement or other home studies of

any prospective birth parents, regardless of whether the study was

performed by a third-party ___________________;

4. All costs, fees, or expenses or any other thing of value

paid to or on behalf of the birth parents related to the adoption by

any party other than the adoptive parents __________________________

_______________________________________________________________; and

5. Any other fees and expenses related to the adoption not

previously listed in this disclosure statement _____________________

__________________________________________________________________.

B. The Disclosure Statement of Adoption-related Costs and

Expenditures that shall be filed with the court clerk and available

for public inspection shall include the following:

"I, ____________________, Judge of the District Court in and for

_________________ County, State of Oklahoma, a Court having original

adoption jurisdiction, do hereby certify that upon this day,

________________, the disclosures contained in this disclosure

statement are consistent with the sealed disclosure statement filed

in the adoption case."
Okla. Stat. tit. 10, § 10-7110.2 — OK Code / Title 10 / Section 10-7110.2
Renumbered as § 1-9-104 of Title 10A by Laws 2009, c
Status: in_force

233, § 296, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-60.29 — OK Code / Title 10 / Section 10-60.29
Renumbered as § 7510-1.5 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-1107.1 — OK Code / Title 10 / Section 10-1107.1
Renumbered as § 7304-1.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7309-1.8 — OK Code / Title 10 / Section 10-7309-1.8
Renumbered as § 2-9-108 of Title 10A by Laws 2009, c
Status: in_force

234, § 192, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7302-6.2 — OK Code / Title 10 / Section 10-7302-6.2
Renumbered as § 2-7-602 of Title 10A by Laws 2009, c
Status: in_force

234, § 174, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-116c — OK Code / Title 10 / Section 10-116c
Assistant probation officer - Salary
Status: in_force

In each county of this state wherein there is authorized to be

appointed a probation officer under the provisions of 10 O.S.1951,

Section 116, there is hereby further authorized the appointment of

an assistant probation officer, pursuant to the same method and

qualifications as are required for the appointment of the probation

officer, and such assistant probation officer shall be under the

direction and supervision of the probation officer after such

appointment and qualification. The salary of such assistant

probation officer shall be determined and fixed by a majority of the

judges of the courts of record of such county, at not more than

Forty-eight Hundred Dollars ($4,800.00) nor less than Thirty-six

Hundred Dollars ($3,600.00) per annum, payable monthly. In addition

to such salary, the assistant probation officer shall receive Six

Oklahoma Statutes - Title 10. Children Page 55

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, § 10-607.1 — OK Code / Title 10 / Section 10-607.1
Renumbered as § 7004-3.5 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-403 — OK Code / Title 10 / Section 10-403
Exemptions from application of act
Status: in_force

A. The provisions of the Oklahoma Child Care Facilities

Licensing Act shall not apply to:

1. Care provided in a child's own home or by relatives;

2. Informal arrangements which parents make with friends or

neighbors for the occasional care of their children;

3. Care provided by an attorney-in-fact authorized by Section

700 of this title who exercises parental or legal authority on a

continuous basis for not less than twenty-four (24) hours and

without compensation for the intended duration of the power of

attorney;

4. Programs in which school-aged children three (3) years of

age and older are participating in home-schooling;

5. Programs that serve children three (3) years of age and

older and that are operated during typical school hours by a public

school district;

Oklahoma Statutes - Title 10. Children Page 70

6. Programs that serve children three (3) years of age and

older and that are operated during typical school hours by a private

school that offers elementary education in grades kindergarten

through third grade;

7. Summer youth camps, summer programs or after-school programs

for children who are at least four (4) years of age, that are

accredited by a national standard-setting agency or church camp

accreditation program, or are accredited by, chartered by or

affiliated with a national non-profit organization;

8. Programs in which children attend on a drop-in basis and

parents are on the premises and readily accessible;

9. A program of specialized activity or instruction for

children that is not designed or intended for child care purposes

including, but not limited to, scouts, 4-H clubs and summer resident

youth camps, programs that limit children from enrolling in multiple

sessions because of the type of activity or ages accepted and

single-activity programs such as academics, athletics, gymnastics,

hobbies, art, music, dance and craft instruction;

10. Any child care facility that:

a. provides care and supervision for fifteen (15) or

fewer hours per week,

b. operates less than ten (10) weeks annually,

c. operates in the summer for less than eight (8) hours

per day, or

d. provides care and supervision for school-aged children

only in a center-based program for twenty-one (21) or

fewer hours a week and is located in a county with a

population of less than one hundred thousand (100,000)

according to the latest Federal Decennial Census;

11. Facilities whose primary purpose is medical treatment;

12. Boarding schools that have education as their primary

purpose and that are recognized as accredited by the State Board of

Education. To be exempt, such programs shall:

a. have classroom facilities that are not used for

residential living,

b. not have been granted nor have assumed legal custody

of any child attending the facility, and

c. adhere to standard educational holiday and seasonal

recess periods to permit students reasonable

opportunities to return to their primary places of

residence with parents or legal guardians;

13. Day treatment programs and maternity homes operated by a

licensed hospital;

14. Juvenile facilities certified by the Office of Juvenile

Affairs or certified by any other state agency authorized by law to

license such facilities;

Oklahoma Statutes - Title 10. Children Page 71

15. A program where children are not enrolled by the parents

and are free to come and go;

16. A program in tribal land as defined at 25 U.S.C.A. 1903

(10); and

17. A program on a military base or federal property, or a

facility licensed as a family child care provider by a branch of the

United States Department of Defense or by the United States Coast

Guard.

B. The provisions of the Oklahoma Child Care Facilities

Licensing Act shall be equally incumbent upon all private and public

child care facilities.
Okla. Stat. tit. 10, § 10-7003-4.2 — OK Code / Title 10 / Section 10-7003-4.2
Renumbered as § 1-4-505 of Title 10A by Laws 2009, c
Status: in_force

233, § 238, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7505-1.2 — OK Code / Title 10 / Section 10-7505-1.2
Appointment of attorney and guardian ad litem
Status: in_force

A. 1. In a proceeding pursuant to the Oklahoma Adoption Code,

the court shall appoint an attorney for a minor in a contested

proceeding pursuant to the Oklahoma Adoption Code and may appoint an

attorney for a child in an uncontested proceeding or appoint an

attorney for the child to examine all expenses and attorney fees

presented to the court for approval.

2. The attorney shall be charged with the representation of the

child. To that end, the attorney shall make such further

investigation as the attorney deems necessary to ascertain the

facts, to interview witnesses, examine and cross-examine witnesses

at the preliminary hearing and trial, make recommendations to the

court, and participate further in the proceedings to the degree

appropriate for adequately representing the child.

3. The attorney shall be given access to all reports relevant

to the case and to any reports of examination of the child's parents

or other custodian made pursuant to this section.

Oklahoma Statutes - Title 10. Children Page 334

4. Upon approval of the court, the attorney may be allowed a

reasonable fee for services provided by this section.

B. 1. The court may appoint a separate guardian ad litem for

the minor in a contested proceeding and shall appoint a separate

guardian ad litem upon the request of a party, the minor, the

attorney of the minor, prospective adoptive parent, or a person or

agency having physical or legal custody of the child.

2. The guardian ad litem shall not be a district attorney, an

employee of the office of the district 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 minor.

3. The guardian ad litem shall be appointed to objectively

advocate on behalf of the minor and act as an officer of the court

to investigate all matters concerning the best interests of the

minor. 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 relevant documents, reports and other

information,

b. meet with and/or observe the child,

c. consider the child's wishes, as appropriate,

d. interview parents, caregivers and others with

knowledge relevant to the case,

e. advocate for the minor's best interests by

participating in appropriate aspects of the case and

advocating for appropriate community and other

services when necessary,

f. maintain the confidentiality of information related to

the case,

g. monitor the minor's best interests throughout any

judicial proceeding, and

h. advise the court of his or her findings and

recommendations, if any, and the facts upon which they

are based.

4. The guardian ad litem shall be given access to the court

file and access to all records and reports relevant to the case and

to any records and reports of examination of the minor's parent or

other custodian, as specified by the court, subject to such

protective orders regarding identifying information as the court

deems advisable.

5. Any person participating in a judicial proceeding as a

guardian ad litem shall be presumed prima facie to be acting in good

faith and in so doing shall be immune from any civil liability that

otherwise might be incurred or imposed.
Okla. Stat. tit. 10, § 10-7302-3.11 — OK Code / Title 10 / Section 10-7302-3.11
Renumbered as § 2-7-311 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 171, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-152 — OK Code / Title 10 / Section 10-152
Reports of number of children requiring school facilities
Status: in_force

The Manager, Superintendent, or party in control of any

Orphanage, Childrens' Home or Charitable Institution or Organization

receiving, controlling, or having in charge, any children known as

orphans or wayward children of school age, whose education is not

wholly provided for from funds provided for by such Orphanage,

Children's Home, or Charitable Organization or Institution, shall

not later than June 15th of each year, file a written report of the

number of children confined in the said Orphanage, Children's Home

or other such Institution, giving their names, ages, residence of

parents or guardians, if any, and the aggregate number of children

under its control or custody, that it will be necessary to provide

school facilities for during the ensuing school year. Said report

shall be filed with the clerk of the school district wherein said

Institution is located and shall be under oath of said Manager,

Superintendent or party in charge.
Okla. Stat. tit. 10, § 10-1507.21 — OK Code / Title 10 / Section 10-1507.21
Renumbered as § 7306-2.7 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7510-2.3 — OK Code / Title 10 / Section 10-7510-2.3
Exemptions
Status: in_force

The following persons are exempt from the provisions of Sections

7510-2.1 through 7510-2.5 of this title:

1. Children age twelve (12) years or older who do not choose to

be adopted pursuant to the Oklahoma Adoption Act;

2. Children for whom permanent placement plans have been made

that do not include adoption; for example, permanent placement with

relatives or long-term foster care;

3. Children who, because of medical or psychological reasons as

determined by a licensed psychiatrist, psychologist or physician,

are not ready for adoption;

4. Children who are runaways and whose present location is

unknown; and

5. Children who are currently in an adoptive placement,

pursuant to Section 7505-6.3 of this title.
Okla. Stat. tit. 10, § 10-1507.11 — OK Code / Title 10 / Section 10-1507.11
Renumbered as § 7302-7.2 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-1507.13 — OK Code / Title 10 / Section 10-1507.13
Renumbered as § 7302-7.4 of this title by Laws 1995,
Status: in_force

c. 352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7700-313 — OK Code / Title 10 / Section 10-7700-313
Release of copies of acknowledgment or denial of
Status: in_force

paternity.

The State Department of Health, Division of Vital Records shall

release copies of the acknowledgment of paternity or denial of

paternity to a signatory of the acknowledgment or denial and to

courts and to the agency designated to administer a statewide plan

for child support in accordance with Title IV, Part D, of the

Federal Social Security Act, as amended, 42 U.S.C., Section 651 et

seq.
Okla. Stat. tit. 10, § 10-7505-6.4 — OK Code / Title 10 / Section 10-7505-6.4
Denial of petition for adoption
Status: in_force

Oklahoma Statutes - Title 10. Children Page 365

A. If the court denies a petition for adoption or vacates a

decree of adoption, it shall dismiss the proceeding. If no

preexisting custody order remains in effect, the court shall issue

an appropriate order for the legal and physical custody of the minor

according to the best interests of the minor, if the court has

jurisdiction to issue a custody order.

B. 1. If the court has jurisdiction to issue a custody order,

the court shall schedule a separate hearing to determine custody of

the minor. The court shall certify that the petitioner for adoption

and each parent of the minor has received notice of the date of the

custody hearing at least fifteen (15) days prior to the date of the

hearing and that each biological parent who has signed a consent or

permanent relinquishment has been served in the same manner as

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

the date of the hearing. The petitioner for adoption shall be

responsible for serving any parent who has not entered an appearance

in the adoption proceeding. If the Department of Human Services or

any licensed child-placing agency had legal custody at the time the

petition was filed, the petitioner shall notify the Department or

agency of the date of the custody hearing.

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

entitled to notice under this subsection who is not already a party

to the proceeding.

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

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

they are married, the prospective adoptive parents, or the

Department or other licensed child-placing agency if the Department

or agency had legal custody of the child at the time that the

petition was filed, pursuant to Section 21.1 of this title, in the

best interests of the child.

4. The child shall be represented at this hearing pursuant to

Section 7505-1.2 of this title.
Okla. Stat. tit. 10, § 10-7003-3.6 — OK Code / Title 10 / Section 10-7003-3.6
Renumbered as § 1-4-305 of Title 10A by Laws 2009, c
Status: in_force

233, § 233, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-1-4-202 — OK Code / Title 10A / Section 10A-1-4-202
Written notification of emergency custody hearing
Status: in_force

A. The peace officer, employee of the court, or the employee of

the Department of Human Services responsible for assuming physical

custody of a child shall provide the parent, legal guardian, or

physical custodian of the child with immediate written notice of the

protective or emergency custody of the child if personally present,

or if not present as soon as possible.

B. The written notice shall inform the parents, legal guardian,

or custodian of the following:

1. That an emergency custody hearing to determine custody of

the child will occur within two (2) judicial days from the date the

child was taken into custody;

2. The date, time, and place for the emergency custody hearing;

3. The nature of the allegation that led to placement of the

child into protective or emergency custody;

4. The address and telephone number of the applicable law

enforcement agency and the Department; and

5. The right to contact an attorney.

C. The written notice shall also contain the following

language: "FAILURE TO RESPOND TO THIS NOTICE OR TO APPEAR AT THE

EMERGENCY CUSTODY HEARING MEANS YOUR CHILD WILL REMAIN IN CUSTODY.

YOUR FAILURE TO RESPOND OR COOPERATE MEANS YOU MAY LOSE CUSTODY OF

THIS CHILD OR YOUR RIGHTS AS A PARENT MAY BE TERMINATED."