Okla. Stat. tit. 10A, § 10A-2-7-201 — OK Code / Title 10A / Section 10A-2-7-201
Executive Director - Qualifications - Powers and
Status: in_force

duties.

A. The Executive Director of the Office of Juvenile Affairs

shall be appointed by the Governor with the advice and consent of

the Senate. The Executive Director shall serve at the pleasure of

the Governor and may be removed or replaced without cause.

Compensation for the Executive Director shall be determined pursuant

to the Governor. The Executive Director may be removed from office

by a two-thirds (2/3) vote of the members elected to and

constituting each chamber of the Legislature.

B. The Executive Director of the Office of Juvenile Affairs

shall be qualified for such position by character, ability,

education, training, and successful administrative experience in one

of the following: Corrections, juvenile justice, juvenile

delinquency, criminal justice, law, police science, criminology,

psychology, sociology, administration, education, or a related

social science.

C. The Executive Director shall provide for the administration

of the Office of Juvenile Affairs and shall:

1. Be the executive officer and supervise the activities of the

Office of Juvenile Affairs;

2. Pursuant to legislative authorization employ, discharge,

appoint or contract with, and fix the duties and compensation of

such assistants, attorneys, law enforcement officers, probation

officers, psychologists, social workers, medical professionals,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 397

administrative, clerical and technical, investigators, aides and

such other personnel, either on a full-time, part-time, fee or

contractual basis, as in the judgment and discretion of the

Executive Director shall be deemed necessary in the performance or

carrying out of any of the purposes, objectives, responsibilities,

or statutory provisions relating to the Office of Juvenile Affairs,

or to assist the Executive Director of the Office of Juvenile

Affairs in the performance of official duties and functions;

3. Establish internal policies and procedures for the proper

and efficient administration of the Office of Juvenile Affairs; and

4. Exercise all incidental powers which are necessary and

proper to implement the purposes of the Office of Juvenile Affairs

pursuant to the Oklahoma Juvenile Code.

D. The Executive Director shall employ an attorney to be

designated the "General Counsel" who shall be the legal advisor for

the Office of Juvenile Affairs. Except as provided in this

subsection, the General Counsel is authorized to appear for and

represent the Board and Office in any litigation that may arise in

the discharge of the duties of the Board and Office.

It shall continue to be the duty of the Attorney General to give

an official opinion to the Executive Director of the Office of

Juvenile Affairs and the Office of Juvenile Affairs and to prosecute

and defend actions therefor, if requested to do so. The Attorney

General may levy and collect costs, expenses of litigation and a

reasonable attorney fee for such legal services from the Office.

The Office shall not contract for representation by private legal

counsel unless approved by the Attorney General. Such contract for

private legal counsel shall be in the best interests of the state.

The Attorney General shall be notified by the Office of Juvenile

Affairs or its counsel of all lawsuits against the Office of

Juvenile Affairs or officers or employees thereof, that seek

injunctive relief which would impose obligations requiring the

expenditure of funds in excess of unencumbered monies in the

agency's appropriations or beyond the current fiscal year. The

Attorney General shall review any such cases and may represent the

interests of the state, if the Attorney General considers it to be

in the best interest of the state to do so, in which case the

Attorney General shall be paid as provided in this subsection.

Representation of multiple defendants in such actions may, at the

discretion of the Attorney General, be divided with counsel for the

Office as necessary to avoid conflicts of interest.

E. The Executive Director of the Office of Juvenile Affairs

shall have the authority to commission certified employees within

the Office of Juvenile Affairs as peace officers. The authority of

employees so commissioned shall only include the authority to

investigate crimes committed against the Office or crimes committed

in the course of any program administered by the Office. Employees

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 398

so commissioned shall also have the authority to serve and execute

process, bench warrants, and other court orders in any judicial or

administrative proceeding in which the agency is a party or

participant. Use and possession of firearms for this purpose only

shall be permitted. To become qualified as peace officers for the

commission, employees shall first obtain a certificate as provided

for in Section 3311 of Title 70 of the Oklahoma Statutes.

F. The Executive Director of the Office of Juvenile Affairs,

based upon rules established by the Board of Juvenile Affairs, shall

have the authority to appoint and commission campus police for

secure juvenile facilities and their adjacent grounds under the

jurisdiction of the Office of Juvenile Affairs in the same manner

and with the same powers as campus police appointed by governing

boards of state institutions for higher education under the

provisions of Section 360.15 et seq. of Title 74 of the Oklahoma

Statutes.

G. In the event of the Executive Director's temporary absence,

the Executive Director may delegate the exercise of such powers and

duties to a designee during the Executive Director's absence. In

the event of a vacancy in the position of Executive Director, the

Governor shall appoint a new Executive Director. The Board may

designate an interim or acting Executive Director who is authorized

to exercise such powers and duties until a permanent Executive

Director is employed.
Okla. Stat. tit. 10, § 10-1430.9 — OK Code / Title 10 / Section 10-1430.9
Penalties and liabilities for certain violations
Status: in_force

In addition to any other penalties and liabilities provided in

this act, any person who violates any of the provisions of the Group

Homes for Persons with Developmental or Physical Disabilities Act,

or any order or determination of the Department promulgated pursuant

thereto, or who fails to perform any duty imposed upon such person

by the provisions of the Group Homes for Persons with Developmental

or Physical Disabilities Act, shall be subject to any of the

following penalties and liabilities as authorized by the provisions

of the Group Homes for Persons with Developmental or Physical

Disabilities Act:

1. License revocation, suspension, or nonrenewal;

Oklahoma Statutes - Title 10. Children Page 241

2. Conditional license;

3. Transfer of residents;

4. Receivership;

5. Injunctive proceedings, including prohibiting the admission

of new residents to the group home;

6. Civil fines;

7. Criminal penalties; and

8. Other remedies established by the Department of Human

Services through rule-making authority.
Okla. Stat. tit. 10, § 10-7505-3.2 — OK Code / Title 10 / Section 10-7505-3.2
Costs, funds or monies expended by adoptive family –
Status: in_force

Disclosure statement.

A. 1. An affidavit shall be attached to the petition for

adoption, or may be filed after the filing of the petition for

adoption, but prior to the final decree of adoption, which discloses

to the court all of the costs, funds, or monies expended by the

adoptive family or expected to be expended in connection with the

adoption of a minor.

2. No final decree of adoption shall be entered until the court

is satisfied that all costs and expenses have been disclosed, are

reasonable, and that the costs and expenses do not violate the

provisions of subsection B of this section. Upon its review of the

affidavit of monies expended, the court shall in writing disapprove

any expenditure that the court deems unreasonable or in violation of

Sections 865 through 870 of Title 21 of the Oklahoma Statutes and,

to the extent necessary to comply with Oklahoma law, shall order

reimbursement of any consideration given in violation of Sections

865 through 870 of Title 21 of the Oklahoma Statutes. Payments made

pursuant to this section shall not be a violation of Sections 865

through 870 of Title 21 of the Oklahoma Statutes. Court approval of

Oklahoma Statutes - Title 10. Children Page 343

the affidavit of monies expended shall not exempt a person, attorney

or licensed child-placing agency from prosecution if the information

provided to the court is fraudulent or false.

B. 1. Except as otherwise specifically provided by law, the

following list of adoption-related costs and expenses specified in

this paragraph may be deemed proper items for a person to pay in

connection with an adoption:

a. reasonable attorney fees and court costs,

b. reasonable medical expenses for birth mother and minor

to be adopted,

c. reasonable adoption counseling expenses for birth

parents before and after the birth of the minor, not

to exceed six (6) months from placement of the minor,

d. reasonable fees of a licensed child-placing agency,

including social services staff fees provided by

agency employees that include:

(1) casework services,

(2) adoptive child and family studies,

(3) placement services,

(4) certification of agency facilities,

(5) admission assessments, and

(6) service planning,

e. (1) reasonable and necessary living expenses of the

birth mother that are incurred during the

adoption planning process or during the

pregnancy, not to exceed two (2) months after the

birth of the minor or after the consent or

relinquishment of the birth mother. Reasonable

and necessary living expenses include but are not

limited to:

(a) housing expenses,

(b) utilities, such as electric, gas, water, or

telephone bills,

(c) food for the birth mother and any minor

child of the birth mother residing in the

home of the birth mother,

(d) travel expenses for transportation to

support the pregnancy, such as gasoline, bus

fares, or providing for the temporary use of

a vehicle during the pregnancy, and

(e) child care or foster care for any minor

child of the birth mother associated with

pregnancy-related medical care.

(2) Reasonable and necessary living expenses shall

not include:

(a) any expenses met by existing resources of

the birth mother,

Oklahoma Statutes - Title 10. Children Page 344

(b) any expenses used for the support of family

members who are not minor children of the

mother,

(c) any expenses for recreational or leisure

activities, and

(d) the purchase or gift of an automobile,

f. reasonable expenses for a home study,

g. reasonable and necessary costs associated with an

international adoption,

h. reasonable expenses legally required by any

governmental entity related to the adoption of a

minor, and

i. a one-time gift to the birth mother from the

prospective adoptive parents of no greater value than

One Hundred Dollars ($100.00).

2. In addition, all expenses approved by the court should be

commensurate with other customary fees for similar services by

persons of equivalent experience and training where the services are

performed. Any services provided outside this state shall be

allowed in an amount as if the services had been performed within

the State of Oklahoma.

3. The provisions of this subsection shall apply to living and

transportation expenses incurred after the biological mother of the

minor contacts the child-placing agency or attorney for adoption

services.

4. The provisions of this subsection shall not prohibit a court

from extending any time period, or including any additional costs

and expenses in connection with an adoption other than those

specified in this subsection based on unusual circumstances or need.

If additional costs and expenses in connection with an adoption are

approved by the court, the court shall specify in writing the

unusual circumstances that justify the approval.

5. Except as otherwise ordered by the court except for good

cause shown, all payments made pursuant to this section shall be

paid directly to the third-party provider of services or goods. Any

living expense paid on behalf of a birth mother in a domestic

adoption which is not supported by an itemized receipt shall not be

allowed for payment. If gift cards are issued to pay expenses, an

itemized receipt verifying purchases shall be required for approval

by the court. The accounting shall include vouchers for all monies

expended, copies of all checks written and receipts for all cash

payments attesting to the accuracy of the accounting.

6. No person, attorney or licensed child-placing agency shall

have a financial interest in a third-party provider of services or

goods, without disclosing in an affidavit the financial interest to

the court and the other parties to the adoption.

Oklahoma Statutes - Title 10. Children Page 345

C. Any person, attorney, or licensed child-placing agency

desiring to pay living and transportation expenses on behalf of a

birth mother is authorized to expend an initial amount not to exceed

Three Thousand Five Hundred Dollars ($3,500.00) plus deposits for

housing and utilities for such costs and expenses without first

obtaining court approval as required by paragraph 1 of subsection D

of this section. Any such costs and expenses shall be disclosed as

is otherwise required by the Oklahoma Adoption Code.

D. 1. Except for the amount authorized by subsection C of this

section, the payment of any living or transportation expenses for

benefit of the birth mother as authorized in subparagraph e of

paragraph 1 of subsection B of this section shall be approved in

advance by the court.

2. The person, attorney, or licensed child-placing agency

desiring to pay living or transportation expenses on behalf of a

birth mother which exceed the amount in subsection C of this section

shall file a petition for an order approving payment of adoption-

related expenses.

3. The petition for an order approving payment of adoption-

related expenses shall be filed in the district court where the

adoption petition is to be filed, as provided in Section 7502-1.2 of

this title.

4. The petition shall be captioned: "In the matter of Baby

(name)." The petition shall include a listing of all anticipated

living or transportation expenses to be paid on behalf of the birth

mother for which court approval is being sought. If additional

expenditures not previously authorized by the court are needed on

behalf of the birth mother, an amended petition may be filed with

the court.

5. The petition shall be heard by the court within ten (10)

days of filing. The court clerk shall charge the same cost for a

petition for payment of expenses as is charged for the filing of an

adoption petition. In the event an adoption petition is later filed

in the same county, the adoption petition shall be filed as an

amended petition within the same case in which payment for expenses

was approved and no additional court costs shall be required. In

the event a petition for preadoption termination of parental rights

is later filed in the same county, the court clerk shall not assess

an additional filing fee and may use the same case number as for the

petition for adoption.

6. Any order authorizing payment shall be attached to a

petition for adoption. If no adoption petition is filed, the court

shall retain jurisdiction to enter any orders deemed appropriate

regarding the reimbursement of costs and expenses paid. If the

child is placed for adoption outside the State of Oklahoma, any such

order shall be submitted to the Interstate Compact of the Placement

Oklahoma Statutes - Title 10. Children Page 346

of Children and to the court in the other state where the petition

for adoption is to be filed.

E. 1. In addition to the adoptive family affidavit requirement

of subsection A of this section, a Disclosure Statement of Adoption-

related Costs and Expenditures shall be prepared in writing by the

person, attorney or child-placing agency in a direct-placement

adoption. The Disclosure Statement of Adoption-related Costs and

Expenditures shall include a declaration of all fees, expenses, and

costs charged or expected to be charged for the adoption including,

but not limited to, the following:

a. retainer fees, the hourly rate, and the number of

hours billed for the adoption,

b. any fee charged for preplacement or other home studies

of any prospective birth parents, regardless of

whether the home study was performed by an outside

agency,

c. any costs, fees or expenses or any other thing of

value paid to or on behalf of the birth parents

related to the adoption of a minor by any party other

than the adoptive parents, and

d. any other fees and expenses related to the adoption

not otherwise specifically listed in this section.

2. The Disclosure Statement of Adoption-related Costs and

Expenditures containing true and accurate information shall be filed

before or when the final decree of adoption is ordered in each

adoption of a minor in this state. A statutory Disclosure Statement

of Adoption-related Costs and Expenditures is provided in Section

7505-3.3 of this title. A copy of the statement shall be a public

record to be compiled and maintained by the court clerk and

available for public inspection; provided, that any information

identifying the person, attorney or child-placing agency in the

direct adoption shall be redacted from the document prior to filing

with the court clerk and shall not be made public. In addition, the

identity of the child, the adoptive parents, and the birth parents

shall be redacted from the document prior to filing with the court

clerk and shall not be made public.
Okla. Stat. tit. 10, § 10-1430.6 — OK Code / Title 10 / Section 10-1430.6
Standing to bring action - Jurisdiction
Status: in_force

A. Enforcement of any action for an injunction or recovery of

any administrative or civil penalty assessed pursuant to the Group

Homes for Persons with Developmental or Physical Disabilities Act

may be brought by:

1. The district attorney of the appropriate district court of

the State of Oklahoma;

2. The Attorney General on behalf of the State of Oklahoma in

the appropriate district court of the State of Oklahoma; or

3. The Department on behalf of the State of Oklahoma in the

appropriate district court of the State of Oklahoma; or as otherwise

authorized by law.

B. The Department may bring an action in a court of competent

jurisdiction for equitable relief to redress or restrain a violation

by any person of a provision of the Group Homes for Persons with

Developmental or Physical Disabilities Act or any rule or order

issued pursuant thereto. Said court has jurisdiction to determine

said action, and to grant the necessary or appropriate relief,

Oklahoma Statutes - Title 10. Children Page 238

including, but not limited to, mandatory or prohibitive injunctive

relief, interim equitable relief, and punitive damages.
Okla. Stat. tit. 10A, § 10A-1-9-112a — OK Code / Title 10A / Section 10A-1-9-112a
Office of Client Advocacy — Transfer to State
Status: in_force

Department of Health.

A. Upon the effective date of this act, the Office of Client

Advocacy within the Department of Human Services shall transfer to

the State Department of Health. The Office of Client Advocacy and

the Advocate General shall continue to exercise their statutory

powers and duties.

B. All equipment, supplies, records, matters pending, assets,

future liabilities, fund balances, encumbrances, obligations,

indebtedness, and legal and contractual rights and responsibilities

of the Office of Client Advocacy shall be transferred to the State

Department of Health.

C. Any monies accruing to or in the name of the Office of

Client Advocacy on and after the effective date of this act, or any

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 240

monies that accrue in any funds or accounts or are maintained for

the benefit of the Office of Client Advocacy on and after the

effective date of this act, shall be transferred to the State

Department of Health.

D. The Department of Human Services and the State Department of

Health may enter into an agreement for the transfer of personnel.

No employee shall be transferred to the State Department of Health

except on the freely given written consent of the employee. Any

employee who is transferred shall not be required to accept a lesser

grade or salary than presently received. All employees shall retain

leave, sick, and annual time earned, and any retirement and

longevity benefits which have accrued during their tenure with the

Department of Human Services. The transfer of personnel between the

state agencies shall be coordinated with the Office of Management

and Enterprise Services.

E. The Director of the Office of Management and Enterprise

Services shall coordinate the transfer of funds, allotments,

purchase orders, and outstanding financial obligations or

encumbrances as provided for in this section.

F. Upon the effective date of this act, all administrative

rules promulgated by the Director of Human Services for the Office

of Client Advocacy shall be transferred to and become a part of the

administrative rules of the State Department of Health. The Office

of Administrative Rules in the Office of the Secretary of State

shall provide adequate notice in “The Oklahoma Register” of the

transfer of such rules and shall place the transferred rules under

the Oklahoma Administrative Code title of the State Department of

Health. Such rules shall continue in force and effect as rules of

the State Department of Health from and after the effective date of

this act, and any amendment, repeal, or addition to the transferred

rules shall be under the jurisdiction of the State Commissioner of

Health.
Okla. Stat. tit. 10, § 10-90.5 — OK Code / Title 10 / Section 10-90.5
Paternity action or action for arrearage of child support - Visitation rights of noncustodial
Status: in_force

Oklahoma Statutes - Title 10. Children Page 3- Visitation rights of noncustodial parent.

In all cases of paternity and for arrearage of child support,

the district court shall make inquiry to determine if the

noncustodial parent has been denied reasonable visitation. If

reasonable visitation has been denied by the custodial parent to the

noncustodial parent, the district court shall include visitation

provisions in the support order.

Oklahoma Statutes - Title 10. Children Page 51
Okla. Stat. tit. 10, § 10-60.22 — OK Code / Title 10 / Section 10-60.22
Renumbered as § 7501-1.2 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-1419 — OK Code / Title 10 / Section 10-1419
Administration - Personnel - Retirement system
Status: in_force

A. The Commission for Rehabilitation Services shall establish

and maintain such methods of administration, including methods

relating to the establishment and maintenance of personnel

Oklahoma Statutes - Title 10. Children Page 224

standards, as are necessary for the proper and efficient

administration of the Oklahoma School for the Blind and the Oklahoma

School for the Deaf, and programs thereat; shall maintain records

and reports, shall provide a uniform accounting system; and shall

incur such expenses and make such expenditures as it deems necessary

to maintain and operate such schools.

B. 1. Instructional Personnel. The Director of the State

Department of Rehabilitation Services shall employ or contract with

such qualified instructional personnel including, but not limited

to, teachers, and such other persons serving in an instructional

capacity, as the director deems necessary for the proper operation

of each school and shall fix their duties and compensation. The

superintendent, teachers and other employees shall be eligible for

membership or participation in the Teachers' Retirement System of

Oklahoma to the same extent and on the same basis as teachers and

other employees of other state educational institutions and public

schools. The Director shall not employ or contract with a person as

instructional personnel unless the superintendent of the school has

recommended that person. If there is a vacancy in the

superintendent position or if the superintendent is unable to make a

recommendation within thirty (30) days after a request for a

recommendation is made, the Director is authorized to employ or

contract with any person without a recommendation from the

superintendent.

2. Career Teacher. A career teacher is a member of the

instructional staff who has served in an instructional capacity for

three (3) or more consecutive years in either school, or who has

served in a public school district in such a way so as to meet the

definition of a career teacher as provided for in Section 6-101.3 of

Title 70 of the Oklahoma Statutes. Career teacher shall not include

a school nurse.

3. Probationary Teacher. A probationary teacher is a member of

the instructional staff who has served in an instructional capacity

for less than three (3) consecutive years in either school, or who

has served in a public school district in such a way so as to meet

the definition of a probationary teacher as provided for in Section

6-101.3 of Title 70 of the Oklahoma Statutes.

C. Administrative Personnel.

1. The Director of the State Department of Rehabilitation

Services shall employ or appoint the superintendent of each school

and shall fix their duties and compensation. The superintendents

shall be in the unclassified service.

2. The Director of the State Department of Rehabilitation

Services shall employ or contract with such other administrative

personnel as the Director deems necessary for the proper operation

of each school and shall fix their duties and compensation. The

administrative personnel may include, but is not limited to,

Oklahoma Statutes - Title 10. Children Page 225

assistant superintendents, principals, vice-principals and other

persons who devote a majority of their time to service in a

supervisory or administrative capacity.

D. An orientation and mobility specialist employed by the State

Department of Rehabilitation Services to serve at the Oklahoma

School for the Blind shall be accorded the same protection of laws

and all other benefits accorded instructional personnel, including

but not limited to, the minimum salary level for instructional

personnel.

E. 1. The Commission shall, pursuant to the Administrative

Procedures Act, adopt personnel policies for instructional and

administrative personnel, except for superintendents, that are

consistent with the law applicable to public school district

employees, including, but not limited to, leave, payment for unused

personal leave and employment policies, evaluation policy, grievance

procedures, professional development, and a minimum salary schedule.

The Commission shall initiate a rulemaking process for the personnel

policies for instructional and administrative personnel no later

than October 1, 2003. The minimum salary level for qualified

instructional personnel shall meet or exceed the minimum salary

level provided for public school teachers in Section 18-114.14 of

Title 70 of the Oklahoma Statutes or any additional minimum salary

schedule enacted by the Legislature and the Commission shall meet or

exceed any other legislatively mandated pay raises for teachers that

are not part of the minimum salary schedule. The Department shall

notify teachers and other personnel on or before the first Monday in

June of each year concerning the renewal of contracts consistent

with the requirements for public school teachers as provided for in

Section 6-101 of Title 70 of the Oklahoma Statutes. The policy for

professional development programs for instructional and

administrative personnel shall be consistent with the requirements

for professional development programs for public school teachers as

provided in Section 6-194 of Title 70 of the Oklahoma Statutes.

2. Final disciplinary action taken against a member of the

instructional or administrative staff, except superintendents,

including termination or the nonrenewal of a contract, shall be

subject to the administrative hearing procedures as set forth in

Article II of the Oklahoma Administrative Procedures Act. If the

final decision of the Director is to terminate or to not renew the

contract of a career teacher or administrator, the career teacher or

administrator, except superintendent, shall not have a right to

judicial review pursuant to Article II of the Oklahoma

Administrative Procedures Act, but shall have a right to a trial de

novo as provided for in Section 1419a of this title. Disciplinary

action against a probationary teacher shall be final unless

otherwise provided for by law.

Oklahoma Statutes - Title 10. Children Page 226

F. The State Department of Education shall insure that any

funds which have been received in Oklahoma by the State Department

of Education because of students who are enrolled and attending the

Oklahoma School for the Blind and the Oklahoma School for the Deaf

are transferred to the State Department of Rehabilitation Services

for use by these schools in proportion to the number of students

enrolled and attending who were the basis for the receipt of these

federal funds.

G. School personnel who have entered into contracts with the

schools on or before July 1, 1995, shall be entitled to longevity

pay as provided in Section 840-2.18 of Title 74 of the Oklahoma

Statutes.
Okla. Stat. tit. 10, § 10-7003-8.6 — OK Code / Title 10 / Section 10-7003-8.6
Renumbered as § 1-8-103 of Title 10A by Laws 2009, c
Status: in_force

233, § 288, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-2-104.1 — OK Code / Title 10A / Section 10A-2-2-104.1
Diversion services
Status: in_force

A. Diversion services shall be offered to children who are at

risk of being the subject of a child-in-need-of-supervision

petition. Diversion services shall be designed to provide an

immediate response to families in crisis and to divert children from

court proceedings. Diversion services may be provided by outside

agencies as designated by the district courts, juvenile bureaus,

court employees, or a combination thereof. If a child would be

charged with a delinquent act as a result of a first-time offense

which would be a misdemeanor if committed by an adult, diversion

services shall be provided prior to the district attorney filing a

petition alleging the child to be in need of supervision or upon the

assumption of custody pursuant to Section 2-2-101 of this title.

B. Diversion services shall clearly document diligent attempts

to provide appropriate services to the child and the family of the

child unless it is determined that there is no substantial

likelihood that the child and family of the child will benefit from

further diversion attempts.

C. Where the primary issue is truancy, steps taken by the

school district to improve the attendance or conduct of the child in

school shall be reviewed and attempts to engage the school district

in further diversion attempts shall be made if it appears that such

attempts will be beneficial to the child.

D. Efforts to prevent the filing of the petition may extend

until it is determined that there is no substantial likelihood that

the child and family of the child will benefit from further

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 282

attempts. Efforts at diversion may continue after the filing of the

petition where it is determined that the child and family of the

child will benefit therefrom.

E. A child-in-need-of-supervision petition shall not be filed

during the period that the designated agency, juvenile bureau, or

court employee is providing the diversion services. A finding that

the case has been successfully diverted shall constitute presumptive

evidence that the underlying allegations have been successfully

resolved.

F. The designated agency, juvenile bureau, or court employee

shall promptly give written notice to the child and family of the

child whenever attempts to prevent the filing of the petition have

terminated and shall indicate in the notice whether the efforts were

successful or whether a child-in-need-of-supervision petition should

be filed with the court. A petition may or may not be filed where

diversion services have been terminated because the parent or other

person legally responsible for the child failed to consent to the

diversion plan or failed to actively participate in the services

provided.

G. Diversion services shall include, but not be limited to,

Functional Family Therapy, first-time offender programs, community-

at-risk services, or other similar programs.

H. The Office of Juvenile Affairs shall evaluate the rate of

recidivism for children who are offered diversion services and shall

publish the rate publicly in the Office’s annual report. Data

disclosed in the annual report shall be unidentifiable to an

individual.
Okla. Stat. tit. 10, § 10-601.20 — OK Code / Title 10 / Section 10-601.20
Children of Incarcerated Parents Task Force
Status: in_force

A. There is hereby created the Children of Incarcerated Parents

Task Force to recommend to the Legislature and other policymakers

measures that promote the safety and well-being of children whose

parents are incarcerated.

B. The task force shall be composed of twenty-one (21) members

as follows:

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

designee;

2. The Executive Director of the Office of Juvenile Affairs, or

designee;

3. The State Commissioner of Health, or designee;

4. The Commissioner of Mental Health and Substance Abuse

Services, or designee;

5. The Director of the Department of Corrections, or designee;

6. The State Superintendent of Public Instruction, or designee;

7. The Director of the Oklahoma Commission on Children and

Youth, or designee;

8. The Executive Director of the District Attorneys Council, or

designee;

9. A judge with experience in both criminal and juvenile

proceedings to be appointed by the President Pro Tempore of the

Senate;

10. A representative of an association of sheriffs or police

chiefs in the state to be appointed by the President Pro Tempore of

the Senate;

11. A representative of a program in the eastern part of the

state that provides girls an opportunity to visit their incarcerated

mothers and to participate in mother-daughter meetings to be

appointed by the Speaker of the House of Representatives;

12. A member of the State Post Adjudication Review Board to be

appointed by the Speaker of the House of Representatives;

13. A representative of the Department of Commerce to be

appointed by the Governor;

Oklahoma Statutes - Title 10. Children Page 154

14. A representative from the University of Oklahoma with

expertise in the area of incarcerated individuals and their children

to be appointed by the President Pro Tempore of the Senate;

15. A representative from Oklahoma State University with

expertise in the area of incarcerated individuals and their children

to be appointed by the Speaker of the House of Representatives;

16. A representative of a community planning agency from the

northeast quadrant of the state to be appointed by the President Pro

Tempore of the Senate;

17. A representative of the faith community to be appointed by

the Speaker of the House of Representatives;

18. A mother who was incarcerated at a time when she had a

young child to be appointed by the Speaker of the House of

Representatives;

19. A parent who has been incarcerated to be appointed by the

Speaker of the House of Representatives;

20. A representative of an Indian tribe to be appointed by the

Governor; and

21. A representative of the Governor’s office to be appointed

by the Governor.

C. Members of the Task Force shall serve at the pleasure of the

appointing authority. Vacancies in a position shall be filled in

the same manner as the original appointment.

D. The task force shall have seven subcommittees as follows:

1. Safety protocols;

2. Data collection;

3. Outreach and education;

4. Economic supports;

5. Research;

6. Resource clearinghouse; and

7. Review of existing legislation affecting children of

incarcerated parents.

E. The task force shall submit to the Governor, the President

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

Representatives a report no later than January 1, 2012, that

identifies services to children of incarcerated parents that promote

their safety and well-being. The task force shall terminate by

operation of law on February 1, 2012.

F. The report by the task force shall reflect the goals,

outcomes, and recommendations of the seven subcommittees established

in subsection D of this section.

G. The Task Force shall hold an organizational meeting not

later than September 1, 2011. The task force shall elect a chair

and vice-chair at the first meeting. The task force shall meet at

least once monthly.

H. Staff support for the task force shall be provided by the

Oklahoma Commission on Children and Youth.

Oklahoma Statutes - Title 10. Children Page 155

I. Members of the task force shall serve without compensation,

and shall not be reimbursed for necessary travel expenses incurred

in the performance of their duties.

J. The task force may make use of any resources, both public

and private, that will provide information and analysis that assists

in executing its statutory mission.
Okla. Stat. tit. 10A, § 10A-1-9-110 — OK Code / Title 10A / Section 10A-1-9-110
Community-based services and care for deprived
Status: in_force

children - Grants and contracts.

A. 1. The Department of Human Services shall, to the extent of

funds available, directly or by grant or contract, develop and

implement a diversity of community-based services and

community-based care for children who are alleged or adjudicated

deprived. Community-based services are prevention and remedial

services including, but not limited to:

a. home-based counseling, therapy, and crisis

intervention services,

b. nonresidential educational, vocational, social and

psychological diagnostic and counseling services,

c. substance abuse treatment, sexual abuse treatment,

emergency shelter and foster care, and other related

protection, prevention and treatment services which

are provided, whenever practicable, in or near a

child's home community.

2. If a child is placed with a noncustodial parent, the

noncustodial parent's home shall be construed to be the child's home

community. Community-based care is care in a foster home, group

home, community residential center or similar nonsecure facility

consistent with the individualized treatment needs of the child and

provided, whenever practicable, in or near a child's home community.

3. The Department is authorized to contract with any federal,

state, local, or tribal governmental agency, or with any qualified

private person, association, or agency to develop, administer,

coordinate, or provide community-based services and community-based

care.

B. The Department shall establish procedures for the letting of

grants or contracts, and the conditions and requirements for the

receipt of such grants or contracts, for community-based services

and community-based care. A copy of the procedures shall be made

available to any member of the general public upon request.

C. Requests for proposals developed by the Department shall be

based upon documented client and service needs and identified

priorities. The request for proposals shall clearly identify the

program or services requirements, the population to be served, and

performance expectations. The agency shall adopt clear, written

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 233

guidelines to ensure uniformity in the management, monitoring, and

enforcement of contracts for services. If in-state private

providers are unable or unwilling to respond to the proposal, then

out-of-state providers should be encouraged to respond.

D. Nothing in this section shall serve to limit the authority

of the Department to secure federal funding for community-based

services and community-based care or compliance by the Department

with federal law and regulations governing the expenditure of such

funds.

E. Any state-funded grant or contract for the establishment of

community residential care or treatment facilities for children

shall require, as a condition for receipt of such grant or contract,

documented assurance from the agency or organization establishing

such facility that appropriate arrangements have been made for

providing the educational services to which residents of the

facility are entitled pursuant to state and federal law.

F. The Department is authorized to, and shall, enter into

cooperative agreements with the Department of Juvenile Justice for

the use by both Departments of existing community-based programs,

management information, and client tracking systems, and other

shared resources as deemed necessary or appropriate by both

Departments.

G. 1. The Department is authorized to expend a sum not to

exceed One Million Four Hundred Thousand Dollars ($1,400,000.00)

from monies appropriated for that purpose from the Human Services

Fund during each fiscal year for the purpose of:

a. providing subsidy payments to licensed nonprofit child

care institutions within the State of Oklahoma to

furnish food, clothing, shelter, and upkeep for

Oklahoma children, and

b. assisting the agency in developing a more

comprehensive program to meet the needs of each child

in the program including, but not limited to, social

services, recreational activities and individual and

family counseling with the goal of returning the child

to his or her family.

2. Such subsidy shall be made on a per capital basis not to

exceed One Thousand Two Hundred Dollars ($1,200.00) per year and

shall be expended in twelve (12) monthly payments beginning July 1

of the fiscal year. Nothing in this section shall preclude an

individual from receiving federal matching funds for which he would

otherwise be eligible.
Okla. Stat. tit. 10A, § 10A-2-7-902 — OK Code / Title 10A / Section 10A-2-7-902
Definitions
Status: in_force

As used in the Oklahoma Juvenile Code:

1. "Agencies and programs comprising the juvenile justice

system" means:

a. the courts, the District Attorneys Council and offices

of the district attorneys, state and local law

enforcement agencies, juvenile bureaus, the Department

of Human Services, the Office of Juvenile Affairs, the

Oklahoma Commission on Children and Youth, the

Department of Corrections, the Oklahoma State Bureau

of Investigation, any other state agency responsible

for the care, custody or supervision of youth alleged

or adjudicated to be delinquent, and

b. to the extent that they are responsible for the

provision of services to youth alleged or adjudicated

to be delinquent, including but not limited to

educational, treatment or residential services, local

school districts and technology center schools and

other public and private agencies not otherwise

specifically included in subparagraph a of this

paragraph, comprising the "children and youth service

system" as defined by Section 600 of Title 10 of the

Oklahoma Statutes;

2. "Juvenile court personnel" means those persons responsible

for juvenile court intake, probation and parole supervision and

services to youth alleged or adjudicated to be delinquent;

3. "Juvenile Justice Information System" means the automated

information system established by Section 2-7-905 of this title;

4. "Juvenile offender" means a delinquent child or juvenile as

defined by Section 2-1-103 of this title; and

5. “Juvenile Offender Tracking Program" means the program of

information, information sharing and case tracking established by

Section 2-7-903 of this title.
Okla. Stat. tit. 10A, § 10A-1-6-105 — OK Code / Title 10A / Section 10A-1-6-105
Disclosure of certain information in cases of death
Status: in_force

or near-death of a child

A. When used in this section, unless the context otherwise

requires:

1. "Abuse" means harm or threatened harm or failure to protect

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

child by a person responsible for the child, including but not

limited to nonaccidental physical or mental injury, sexual abuse, or

sexual exploitation. Provided, however, that nothing contained in

this act shall prohibit any parent from using ordinary force as a

means of discipline including, but not limited to, spanking,

switching, or paddling;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 184

2. "Identifying information" means information that identifies

an individual, including the individual's:

a. name, address, date of birth, occupation, place of

employment and telephone number,

b. employer identification number, mother's maiden name,

Social Security number, or any identification number

issued by a governmental entity, or

c. unique biometric data, including the fingerprints,

voice print, or retina or iris image of the

individual;

3. "Near death" means a child is in serious or critical

condition as verified by a physician, a registered nurse or other

licensed health care provider. Verification of medical condition of

a child may be given in person or by telephone, mail, electronic

mail or facsimile;

4. "Neglect" means:

a. the failure or omission to provide any of the

following:

(1) adequate nurturance and affection, food,

clothing, shelter, sanitation, hygiene, or

appropriate education,

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

(3) supervision or appropriate caretakers, or

(4) special care made necessary by the physical or

mental condition of the child,

b. the failure or omission to protect a child from

exposure to any of the following:

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

illegal drugs,

(2) illegal activities, or

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

appropriate, or

c. abandonment.

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

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

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

selects and depends upon spiritual means alone through prayer, in

accordance with the tenets and practice of a recognized church or

religious denomination, for the treatment or cure of disease or

remedial care of such child. Nothing contained in this paragraph

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

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

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

child's health or welfare; and

5. "Person responsible for a child" means "person responsible

for a child's health, safety or welfare" as provided in Section 1-1-

105 of this title but shall also include any person who has

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 185

voluntarily accepted the duty of supervising a child or who has been

directed or authorized to supervise a child by the person

responsible for the child's health, safety or welfare.

B. Department of Human Services information shall be maintained

by the Department as required by federal law as a condition of the

allocation of federal monies to the state. All exceptions for the

public release of Department information shall be construed as

openly as possible consistent with federal law.

C. If the Department has reasonable cause to suspect that a

child death or near death is the result of abuse or neglect, the

Department shall notify the Governor, the President Pro Tempore of

the Senate and the Speaker of the House of Representatives or their

designees of the initial investigative findings of the child

protective services review. Notice shall be communicated securely

no later than twenty-four (24) hours after determination of the

reasonable suspicion.

D. Once the Department has reasonable cause to suspect that a

child death or near death is the result of abuse or neglect, the

Department shall, upon request, release to the public the following

information:

1. The age and sex of the child;

2. The date of death or near-death incident;

3. Whether the child was in the custody of the Department at

the time of the child's death or near death;

4. Whether the child resided with the child's parent, guardian,

or person responsible for the care of the child at the time of the

child's death or near death; and

5. Whether the child was under the supervision of the child's

parent, guardian or person responsible for the child at the time of

the death or near death of the child.

E. If, after a child abuse or neglect investigation is

completed, the Department determines a child's death or near death

was the result of abuse or neglect, the Department shall, upon

request, release to the public the following information:

1. The information described in subsection D of this section;

2. The name of the abused or neglected child; provided, that

the name shall not be disclosed in a case of a near death unless the

name has previously been disclosed;

3. The name of the offender if due process has been satisfied

or if the offender has been arrested and charged with a crime

associated with the death or near death of the child;

4. In cases in which the death or near death of the child

occurred while the child was living with the child's parent,

guardian, or person responsible for the care of the child:

a. the circumstances of the death or near death of the

child,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 186

b. a summary of the child's involvement with the

Department while the child was living with the parent,

guardian, or person responsible for the care of the

child,

c. the disposition of any report created as a result of

the child's involvement with the Department while the

child was living with the parent, guardian, or person

responsible for the care of the child,

d. a description of the services, if any, that were

provided by the Department as a result of the child's

involvement with the Department while the child was

living with the parent, guardian, or person

responsible for the care of the child,

e. the results of any risk or safety assessment completed

by the Department relating to the child,

f. the date each report was assessed and completed,

g. whether the Department confirmed abuse or neglect,

h. whether any reports were referred to the district

attorney and the date of the referrals,

i. the dates of any judicial proceedings prior to the

death or near death of the child,

j. a summary of the recommendations submitted by each

participant at the judicial proceedings including

recommendations made at the hearing as they relate to

custody or placement of the child,

k. the rulings of the court,

l. specific recommendations made and services rendered by

the Department described in any progress reports of a

pending case submitted to the court,

m. a summary of the status of the child's case at the

time of the death or near death, including, without

limitation, whether the child's case was closed by the

Department before the death or near death,

n. similar information for any other investigations

concerning that child, or other children while living

in the same household,

o. a summary of statutory and policy violations,

including notice of any personnel actions taken by the

Department, and

p. recommendations for policy changes or practice

improvements based upon the interactions between the

Department, the child who died or nearly died and the

person responsible for the care of the child; and

5. In cases in which the death or near death of the child

occurred while the child was in the custody of the Department and

the person responsible for the supervision of the child was the

suspected perpetrator, the following information:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 187

a. the circumstances of the death or near death of the

child,

b. information regarding the certification of the person

with whom the child was residing at the time of death

or near death,

c. a summary of any previous reports of abuse or neglect

investigated by the Department relating to the person

responsible for the supervision of the child,

including the disposition of any investigation

resulting from a report,

d. any policy violations, including notice of any action

taken by the Department regarding a violation,

e. records of any training completed by the person

responsible for the supervision of the child,

f. similar information for any other investigations

concerning that child, or other children while living

in the same household,

g. a summary of licensing actions taken by the

Department, and

h. recommendations for policy changes or practice

improvements based upon the interactions between the

Department and the child who died or nearly died.

F. If the Department is unable to release the information

required by subsection E of this section before forty-five (45) days

after receiving a report of the death or near death of a child, the

Department shall notify the person requesting the information of the

delay and provide the reason for the delay and the expected date the

Department will release the report.

G. At any time subsequent to seven (7) days, but no more than

forty-five (45) days, of the date the person responsible for the

child has been criminally charged, the district attorney, the

district court clerk, and the judge having jurisdiction over the

case, upon request, shall release certain information to the public

as follows:

1. The dates of any relevant judicial proceedings prior to the

death or near death of the child;

2. Recommendations submitted by each participant in writing at

the relevant judicial proceedings including recommendations made at

the hearing as they relate to custody or placement of a child; and

3. The relevant rulings of the court.

H. 1. At any time subsequent to seven (7) days after the date

the person responsible for the child has been criminally charged,

the Oklahoma Commission on Children and Youth shall, upon request,

release certain information to the public within sixty (60) days of

the request as follows:

a. a confirmation shall be provided by the Commission as

to whether a report of suspected child abuse or

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 188

neglect has been made concerning the alleged victim or

other children while living in the same household and

whether an investigation has begun,

b. confirmation shall be provided by the Commission as to

whether previous reports of suspected child abuse or

neglect have been made concerning the alleged victim

of the death or near death or against the person

responsible for the child and the dates thereof, a

summary of those previous reports, the dates and

outcome of any investigations or actions taken by the

Department and the Commission in response to any

previous report of child abuse or neglect, and the

specific recommendation made to the district attorney

and any subsequent action taken by the district

attorney,

c. the dates of any relevant judicial proceedings prior

to the death or near death of the child,

d. recommendations submitted by the Department and the

Commission shall be provided in writing including

relevant recommendations made at the hearing as they

relate to custody or placement of a child,

e. the relevant rulings of the court, and

f. any relevant information listed in subsections E and G

of this section.

2. Specific recommendations made by the Commission described in

any progress reports of a pending case submitted to the court may be

disclosed by the Commission.

I. Unless specifically authorized by this section, any public

disclosure of information pursuant to this section shall not:

1. Identify or provide any identifying information of any

complainant or reporter of child abuse or neglect;

2. Identify or provide any identifying information of the

victim, the child victim's siblings or other children living in the

same household, the parent or other person responsible for the

child, or any other member of the household, or the person

criminally charged or Department employees, agents or contractors.

Nonspecific descriptors, such as father, mother, stepparent, or

sibling may be used; or

3. Violate other state or federal law as required pursuant to

subsection A of Section 1-6-102 of this title.

J. Any and all statements, affirmations, gestures, or conduct

expressing apology, sympathy, commiseration, condolence, compassion,

sorrow or a general sense of benevolence which are made by the

Department of Human Services or an employee of the Department to the

public or to the family or foster parents of a child which relate

solely to discomfort, pain, suffering, injury, tragedy, near death

or death of a child shall be inadmissible as evidence of an

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 189

admission of liability or wrongdoing or as evidence of an admission

against interest.
Okla. Stat. tit. 10, § 10-1102.1 — OK Code / Title 10 / Section 10-1102.1
Renumbered as § 7002-1.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-1113 — OK Code / Title 10 / Section 10-1113
Renumbered as § 7003-4.4 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-1-7-103 — OK Code / Title 10A / Section 10A-1-7-103
Department of Human Services - Additional duties and
Status: in_force

powers.

A. In addition to the other powers and duties prescribed by

law, the Department of Human Services shall have the power and duty

to:

1. Provide for the care and treatment of children taken into

protective or emergency custody pursuant to the provisions of the

Oklahoma Children's Code, and placed in the Department's custody by

an order of the court.

In providing for the care and treatment of such children, the

Department shall:

a. place the children in:

(1) a kinship care home or other foster care home, or

(2) if no such home is available, a group home,

children’s shelter, or in any licensed facility

established for the care of children.

In determining any placement for a child who has been

removed from the custody of a custodial parent and

placed with the Department in emergency custody,

priority shall be given by the Department to the

placement of such child with the noncustodial parent

of the child unless such placement is not in the best

interest of the child,

b. if ordered by the court, provide supervision of

children alleged to be deprived who are placed by the

court in the custody of a parent, relative, or other

responsible person. Such supervision shall be in

accordance with rules promulgated by the Department

and shall not exceed the period allowed for the filing

of a petition or, if a petition is filed, the period

authorized by the court,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 193

c. admit an alleged deprived child to a hospital or

behavioral health facility as provided in the

Inpatient Mental Health and Substance Abuse Treatment

of Minors Act,

d. provide outpatient behavioral health care and

treatment as prescribed by a qualified behavioral

health professional,

e. provide, as soon as practicable, educational

instruction through enrollment in a public school or

an alternative program consistent with the needs and

abilities of the child,

f. provide or prescribe treatment services for the family

of an alleged deprived child placed in the emergency

custody of the Department if such services are

voluntarily requested and the family is otherwise

eligible under applicable law and rules promulgated by

the Commission for the services offered, and

g. provide medical care necessary to preserve the health

of the child in accordance with the provisions of this

Code; and

2. Provide for the care and treatment of an adjudicated

deprived child placed in the temporary custody of the Department by

an order of the court. In providing for such care and treatment,

the Department:

a. shall review and assess each child to determine the

type of placement and services consistent with the

needs of the child in the nearest geographic proximity

to the home of the child as possible. In making the

review, the Department may use any facilities, public

or private, which aid in the assessment,

b. shall develop and implement an individualized service

plan for each child in accord with the requirements of

Section 1-4-704 of this title,

c. may return a deprived child to the home of the parent

or legal guardian from whom the child was removed with

prior approval of the court, or place the child in the

home of a noncustodial parent, in a foster care home,

in a children's shelter, in a group home, in an

independent living program, or in any licensed

facility established for the care of children,

d. may admit a deprived child to a hospital or behavioral

health facility as provided in the Inpatient Mental

Health and Substance Abuse Treatment of Minors Act,

e. may provide outpatient behavioral health care and

treatment as prescribed by a qualified behavioral

health professional,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 194

f. shall, if ordered by the court, provide supervision of

children adjudicated deprived who are placed by the

court in the custody of a parent, relative, or other

responsible person. Such supervision shall be in

accordance with rules promulgated by the Department,

and

g. shall provide medical care necessary to preserve the

health of the child in accordance with the provisions

of the Oklahoma Children’s Code.

B. 1. The Department may move a child in its custody from any

authorized placement to another authorized placement if consistent

with the needs of the child or as may be required in an emergency,

subject to the provisions of Section 1-4-804 and 1-4-805 of this

title.

2. The Department, in placing a child who has reentered foster

care, shall consider previous foster placements as well as a kinship

foster home placement if available. The placement shall be

consistent with the best interests of the child.

C. The Department shall assure that any child who has attained

the minimum age for compulsory school attendance and is eligible for

a foster care payment under Title IV-E of the Social Security Act,

42 U.S.C. 670 et seq., is:

1. Enrolled in an institution which provides elementary or

secondary education as determined under the law of the state or

other jurisdiction in which the institution is located;

2. Instructed in elementary or secondary education in any

legally authorized education program;

3. In an independent study elementary or secondary education

program in accordance with the law of the state or jurisdiction in

which the program is located, which is administered by the local

school or school district; or

4. Incapable of attending school on a full-time basis due to a

documented medical condition supported by regular updates.

D. The Department has the authority to consent to travel for a

child in its custody outside the jurisdiction of the court, except

that court approval is required for travel outside of the United

States. Permission for school or organizational activities

requiring consent and not prohibited by Department rule may be given

by the foster parent.

E. The Department shall receive notice of all court proceedings

regarding any child in its custody and shall, upon application, be

allowed to intervene as a party for a specified purpose, to any

court proceedings pertaining to the care and custody of the child.

F. The Department may participate in federal programs relating

to deprived children and services for such children; and apply for,

receive, use and administer federal funds for such purposes.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 195

G. The Department shall receive interest earnings on the

investment by the State Treasurer of monies, to be credited to an

agency special account, for the benefit of and held in trust for

persons placed in the custody of the Department or in residence at

facilities maintained by the Department.
Okla. Stat. tit. 10, § 10-7007-1.9 — OK Code / Title 10 / Section 10-7007-1.9
Task Force on Reactive Attachment Disorder in
Status: in_force

Children – Membership - Duties.

A. There is hereby created to continue until December 31, 2006,

the Task Force on Reactive Attachment Disorder in Children. The

task force will examine this issue as it relates to children in the

custody of the Department of Human Services or the Office of

Juvenile Affairs, and children served by the Department of Mental

Health and Substance Abuse Services. For purposes of this section,

“Reactive Attachment Disorder” means a disorder resulting from the

lack of reasonable care and nurturance, usually in the early years

of life, which results in an inability to establish normal, stable

attachments to caregivers and others.

B. The task force shall consist of eighteen (18) members as

follows:

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

designee;

2. The Director of the Oklahoma Commission on Children and

Youth, or designee;

3. The State Superintendent of Public Instruction, or designee;

4. The Commissioner of the Department of Mental Health and

Substance Abuse Services, or designee;

5. The State Commissioner of Health, or designee;

6. The Administrator of the Oklahoma Health Care Authority, or

designee;

7. The Director of the Oklahoma Areawide Services Information

Systems, or designee;

8. The Executive Coordinator of the District Attorneys Council,

or designee;

9. The Executive Director of the Office of Juvenile Affairs, or

designee;

10. The Speaker of the Oklahoma House of Representatives shall

appoint members as follows:

Oklahoma Statutes - Title 10. Children Page 281

a. one member who serves on the Oklahoma House of

Representatives Health and Human Services Committee,

b. one member who is a foster-care or adoptive parent of

a child with Reactive Attachment Disorder, and

c. one member who is a mental health expert knowledgeable

in treating children with Reactive Attachment

Disorder;

11. The President Pro Tempore of the State Senate shall appoint

members as follows:

a. one member who serves on the Senate Health and Human

Resources Committee,

b. one representative of a statewide child advocacy

organization, and

c. one member who is a practicing attorney in the area of

child welfare and who is an active member of the

Family Law Section of the Oklahoma Bar Association;

and

12. The Governor shall appoint members as follows:

a. one member who is a pediatrician knowledgeable in the

area of Reactive Attachment Disorder in children,

b. one member who serves on a postadjudication review

board, chosen from a list of names submitted by the

State Postadjudication Review Advisory Board, and

c. one member who is a representative of the Oklahoma

Youth Services Center.

C. 1. Members shall serve at the pleasure of their appointing

authorities. A vacancy on the task force shall be filled by the

original appointing authority.

2. Appointments to the task force shall be made by July 1,

2005.

3. A majority of the members of the task force shall constitute

a quorum. A majority of the members present at a meeting may act

for the task force.

4. The Speaker of the Oklahoma House of Representatives and the

President Pro Tempore of the State Senate shall each designate a

cochair from among the members of the task force.

5. The cochairs of the task force shall convene the first

meeting of the task force on or before July 15, 2005, at which time

a schedule of the meetings shall be determined.

6. The task force may divide into subcommittees in furtherance

of its purpose.

D. 1. Staff of the Department of Human Services shall serve as

primary staff for the task force with assistance from the staffs of

the Department of Mental Health and Substance Abuse Services and the

Office of Juvenile Affairs.

2. The task force may use the expertise and services of the

staffs of the Oklahoma House of Representatives and the Oklahoma

Oklahoma Statutes - Title 10. Children Page 282

State Senate and may, as necessary, seek the advice and services of

experts in the field of child welfare.

E. All departments, officers, agencies and employees of this

state shall cooperate with the task force in fulfilling its duties

and responsibilities including, but not limited to, providing any

information, records or reports requested by the task force.

F. Members of the task force shall receive no compensation for

their service, but shall receive travel reimbursement as follows:

1. Legislative members of the task force shall be reimbursed

for necessary travel expenses incurred in the performance of their

duties in accordance with the provisions of Section 456 of Title 74

of the Oklahoma Statutes; and

2. Nonlegislative members of the task force shall be reimbursed

by their appointing authorities or respective agencies for necessary

travel expenses incurred in the performance of their duties in

accordance with the State Travel Reimbursement Act.

G. The duties and responsibilities of the Task Force on

Reactive Attachment Disorder in Children shall include, but not be

limited to:

1. Identifying the number of children in the custody of the

Department of Human Services or the Office of Juvenile Affairs or

the number served by the Department of Mental Health and Substance

Abuse Services who have Reactive Attachment Disorder or who may have

a predisposition for the disorder;

2. Assessing current resources available to families who have a

child with Reactive Attachment Disorder;

3. Determining if additional services are necessary including,

but not limited to, networking and support groups, treatment

options, information/resource links; and

4. Determining if conferences and training sessions are needed

for families who have a child with Reactive Attachment Disorder.

H. The task force shall publish its findings and

recommendations by December 31, 2006, including recommendations for

any resulting legislation.
Okla. Stat. tit. 10, § 10-7503-1.1 — OK Code / Title 10 / Section 10-7503-1.1
Eligibility to adopt
Status: in_force

The following persons are eligible to adopt a child:

1. A husband and wife jointly if both spouses are at least

twenty-one (21) years of age;

2. Either the husband or wife if the other spouse is a parent

or a relative of the child;

3. An unmarried person who is at least twenty-one (21) years of

age; or

4. A married person at least twenty-one (21) years of age who

is legally separated from the other spouse.
Okla. Stat. tit. 10, § 10-410 — OK Code / Title 10 / Section 10-410
Violations - Punishment
Status: in_force

Any person or agent, representative, or officer of any child

care facility who violates any of the provisions of the Oklahoma

Child Care Facilities Licensing Act shall, upon conviction, be

deemed guilty of a misdemeanor and punished in accordance with the

provisions of Section 10 of Title 21 of the Oklahoma Statutes.

Whenever any agent, representative, or officer of any child care

facility shall be convicted under authority of this act, such

Oklahoma Statutes - Title 10. Children Page 95

conviction shall be sufficient ground for the revocation of the

entity’s license.
Okla. Stat. tit. 10A, § 10A-2-5-210A — OK Code / Title 10A / Section 10A-2-5-210A
Motion for transfer to custody or supervision of
Status: in_force

Department of Corrections – Adult conviction - Expungement.

A. 1. Whenever the district attorney or the Office of Juvenile

Affairs (OJA) believes that a youthful offender in the custody or

supervision of OJA should be transferred to the custody or

supervision of the Department of Corrections, the district attorney

or OJA may file a motion requesting such transfer and the court

shall set the motion for hearing. Notice of the motion and hearing

shall be given to the youthful offender, the youthful offender's

counsel, the parent or guardian of the youthful offender, and either

the district attorney or OJA. OJA may make recommendations to the

court concerning the transfer of a youthful offender to the

Department of Corrections.

2. The Court may order the youthful offender transferred to the

custody or supervision of the Department of Corrections only if the

court finds by clear and convincing evidence that the youthful

offender has:

a. failed to make substantial progress towards completing

the treatment plan which the youthful offender is

expected to have achieved,

b. established a pattern of disruptive behavior which is

not conducive to the established policies and

procedures of the program or facility or engaged in

other types of behavior which has endangered the life

or health of other residents or staff of the facility,

c. caused disruption in the facility, smuggled contraband

into the facility, or participated or assisted others

in smuggling contraband into the facility,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 369

d. committed battery or assault and battery on an OJA

employee or contractor of a juvenile facility,

e. committed battery, assault and battery, or endangered

the life or health of another person,

f. committed a felony while in the custody or supervision

of OJA as demonstrated by:

(1) the entry of a plea of guilty or nolo contendere,

(2) an adjudication, or a judgment and sentence

following a verdict of guilty, or

(3) clear and convincing evidence, or

g. left a facility in which the youthful offender was

being held without permission.

The court, in its decision to transfer custody of the youthful

offender to the custody of the Department of Corrections, shall

issue a written order and make detailed findings of fact and

conclusions of law addressing the grounds alleged in the motion of

the district attorney or OJA.

B. An order transferring custody of a youthful offender to the

Department of Corrections shall be deemed an adult conviction and

shall be recorded as such in the court records and criminal history

records of the offender. Such order shall be a final order,

appealable when entered. In addition to a judgment and sentence for

an adult conviction, the court shall provide to the Department of

Corrections a detailed memorandum or historical statement of the

Youthful Offender Act as applied to the offender being transferred

to the Department of Corrections including the date of the offense,

the date of the adjudication as a youthful offender, the date of the

filing of the motion to transfer custody of the offender to the

adult criminal system, and the date of the imposition of the adult

sentence.

C. The court shall grant time-served credits against the adult

sentence imposed for any youthful offender transferred to the

Department of Corrections. For the purpose of calculating time

served to be applied toward any sentence imposed upon a youthful

offender, in the event a youthful offender has been placed in the

custody or supervision of the Office of Juvenile Affairs, the

offender shall receive day-for-day credit for the time spent in the

custody or under the supervision of the Office of Juvenile Affairs.

Upon commitment to the Department of Corrections, a youthful

offender shall also receive other credits as provided by law for an

adult inmate.

D. 1. If the court dismissed the youthful offender case, the

person may file a motion to expunge the plea and the youthful

offender adjudication and sentence from the record.

2. The court, after hearing the motion, and any objections, may

grant the expungement of the youthful offender's record as provided

by the procedures in subsection D of Section 991c of Title 22 of the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 370

Oklahoma Statutes, if the court finds that the youthful offender has

reasonably completed the rehabilitation plan, that the expungement

is in the best interest of the youthful offender, and that such

dismissal will not jeopardize public safety.

3. The court, after hearing the motion and any objections, may

order the expungement of all files and records over which the court

has jurisdiction pertaining to the arrest and adjudication of the

former youthful offender, and shall order the clerk of the court to

expunge the entire file and record of the case or any files produced

or created by a law enforcement agency in which the name of the

former youthful offender is mentioned. The court may order the

Office of Juvenile Affairs to expunge all records relating to the

former youthful offender that are in the possession of the Office of

Juvenile Affairs, except when the documents are necessary to

maintain state or federal funding.

4. An expungement requested under paragraph 1 of this

subsection may be granted regardless of any court action or inaction

under paragraph 2 of this subsection.

5. Members of the judiciary, district attorneys, the youthful

offender, counsel for the youthful offender, employees of juvenile

bureaus and the Office of Juvenile Affairs who are assigned juvenile

court intake responsibilities, and the Department of Corrections may

access records that have been expunged pursuant to this subsection

without a court order for the purpose of determining whether to

dismiss an action, seek a voluntary probation, file a petition or

information, or for purposes of sentencing or placement in a case

where the person who is the subject of the sealed record is alleged

to have committed a subsequent youthful offender act, a juvenile

delinquent act, or any adult criminal offense. Provided, any record

sealed pursuant to this section shall be ordered unsealed upon

application of the prosecuting agency when the records are requested

for use in any subsequent juvenile delinquent, youthful offender, or

adult prosecution.

6. As used in this subsection, "expunge" means the sealing of

criminal records.
Okla. Stat. tit. 10, § 10-7304-1.3 — OK Code / Title 10 / Section 10-7304-1.3
Renumbered as § 2-3-103 of Title 10A by Laws 2009, c
Status: in_force

234, § 185, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7509-1.1 — OK Code / Title 10 / Section 10-7509-1.1
Conditions for discharges of infants from medical
Status: in_force

facilities.

A. It is the public policy of the State of Oklahoma that when

an infant will be placed for adoption, a discharge of the infant

from a medical facility shall be made as soon after birth as is

medically prudent to facilitate the placement that has been

arranged.

Oklahoma Statutes - Title 10. Children Page 381

B. It shall be unlawful for any physician, hospital, or any

other person or entity to condition discharge of an infant from a

medical facility on the payment of any expense or to require a

temporary order from a court before discharging an infant. Upon

receipt of a written authorization of the birth mother, a medical

facility shall release an infant to the person or agency designated

in the written authorization.

C. Any physician, hospital, or any other person or entity that

violates the provisions of subsection B of this section shall be

liable in a civil action for compensatory and punitive damages,

shall be subject to injunctive remedies and a judgment for the

payment of an aggrieved person's attorney fees and court costs. In

addition, upon proof before any State of Oklahoma licensing board or

agency, that any physician, hospital, or other person or entity has

violated the provisions of this section, said person's or entity's

license or charter to practice a profession or conduct business

operations within this state may be suspended.
Okla. Stat. tit. 10A, § 10A-2-7-308 — OK Code / Title 10A / Section 10A-2-7-308
Management information system - Integration with
Status: in_force

other management information systems - Access to confidential

records and reports.

A. The Office of Juvenile Affairs shall implement an agency-

wide management information system for all programs and services of

the Office of Juvenile Affairs related to children, youth and

families.

B. The management information system shall:

1. To the maximum extent possible, be based upon the

integration, utilization and modification, as necessary, of existing

information systems within the Office of Juvenile Affairs;

2. Provide for the security of and limited access to the

information;

3. Include case-specific information, including outcomes, and

have the ability to monitor the status of children and youth

receiving services through the Office of Juvenile Affairs;

4. Be capable of providing management reports and information

regarding the various children and youth programs of the Office of

Juvenile Affairs, and of providing aggregate information necessary

for planning, monitoring and evaluation of said programs and

services; and

5. Be designed so that management and analytical reports can be

readily generated for those who require them.

C. 1. The management information system implemented by the

Office of Juvenile Affairs shall be integrated with the child

welfare management information system implemented by the Department

of Human Services and to the extent possible with the Juvenile

Justice Information System.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 417

2. The management information system shall be available to

persons authorized to obtain confidential records and reports of the

Office of Juvenile Affairs pursuant to Chapter 6 of the Oklahoma

Juvenile Code.
Okla. Stat. tit. 10, § 10-7604 — OK Code / Title 10 / Section 10-7604
Renumbered as § 2204 of Title 27A by Laws 2006, c. 226, §
Status: in_force

6, emerg. eff. June 6, 2006.
Okla. Stat. tit. 10A, § 10A-2-5-202 — OK Code / Title 10A / Section 10A-2-5-202
Definitions – Purpose – Legislative intent
Status: in_force

A. For the purposes of the Youthful Offender Act:

1. "Youthful offender" means a person:

a. thirteen (13) or fourteen (14) years of age who is

charged with murder in the first degree and certified

as a youthful offender as provided by Section 2-5-205

of this title,

b. fifteen (15), sixteen (16), or seventeen (17) years of

age and charged with a crime listed in subsection C of

Section 2-5-205 of this title, and

c. sixteen (16) or seventeen (17) years of age and

charged with a crime listed in subsection E of Section

2-5-205 of this title,

if the offense was committed on or after November 1, 2022; provided,

the state shall not base the timing of the filing of any charges

solely on the applicability of the Youthful Offender Act;

2. "Sentenced as a youthful offender" means the imposition of a

court order making disposition of a youthful offender as provided by

Section 2-5-209 of this title which shall constitute an adult

criminal sentence if the youthful offender is transferred to the

custody or supervision of the Department of Corrections;

3. "Next friend" means an individual or executive of an

organization who has assumed a parental role without formal legal

proceedings, but to all objective observers is readily identified as

custodian or guardian in fact;

4. "Certification as an adult" means a person for whom the

court has granted a motion for the imposition of an adult sentence

pursuant to subsection C of Section 7 of this act;

5. "Certification as a juvenile" means a person for whom the

court has granted a motion for certification as a juvenile pursuant

to subsection B of Section 6 of this act;

6. "Certification study" means a report prepared for the court

by the Office of Juvenile Affairs that includes but is not limited

to information related to the circumstances of an offense, any

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 352

injury that may have occurred, the history of the person in the

juvenile justice system, and a psychological evaluation. Such study

shall address the guidelines established in subsection B of Section

6 of this act; and

7. "Juvenile delinquent" means a person who is accused of

committing an act which could be prosecuted under subsection A, B,

C, D, or E of Section 2-5-205 of this title and against whom the

district attorney has chosen to file a petition alleging the person

as delinquent.

B. It is the purpose of the Youthful Offender Act to better

ensure the public safety by holding youths accountable for the

commission of serious crimes, while affording courts methods of

rehabilitation for those youths the courts determine, at their

discretion, may be amenable to such methods. It is the further

purpose of the Youthful Offender Act to allow those youthful

offenders whom the courts find to be amenable to rehabilitation by

the methods prescribed in the Youthful Offender Act to be placed in

the custody or under the supervision of the Office of Juvenile

Affairs for the purpose of accessing the rehabilitative programs

provided by that Office.

C. It is the intent of the Legislature to fully utilize the

Youthful Offender Act as a means to protect the public while

rehabilitating and holding youth accountable for serious crimes.

The Legislature finds that eligible seventeen-year-olds should have

the opportunity to be processed as youthful offenders as provided by

law and held accountable through the provisions of the Youthful

Offender Act for custody, institutional placement, supervision,

extended jurisdiction within the Office of Juvenile Affairs (OJA),

and the ability to transfer youthful offenders to the Department of

Corrections when incarceration or additional supervision is required

beyond the maximum age allowed in the OJA. No older youth should be

deemed ineligible or denied consideration as a youthful offender who

is otherwise lawfully eligible based upon the age of the youth being

seventeen (17) years, but it is the intent of the Legislature that

such youthful offender shall not remain in the custody or under the

supervision of the OJA beyond the youthful offender's maximum age of

eighteen (18) years and six (6) months or until nineteen (19) years

of age if jurisdiction has been extended as provided in subsection D

of Section 9 of this act. To deny access to an otherwise eligible

older youth without cause is to circumvent the original intent of

the Legislature in creating the Youthful Offender Act.

D. Unless otherwise provided by law, when a court determines

that a youthful offender has successfully completed his or her

treatment and rehabilitation plan and is discharged by the court

without a court judgment of guilt and the case dismissed with

prejudice, the arrest or adjudication record does not have to be

disclosed for the purposes of employment, civil rights, or any

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 353

regulation, license, questionnaire, application, or any other public

purpose. Any prohibition regarding possession of firearms pursuant

to Section 1283 of Title 21 of the Oklahoma Statutes shall still be

applicable.

E. In any case for which the court orders a certification

study, the district attorney shall provide to the Office of Juvenile

Affairs (OJA) a copy of any police report and all other relevant

documents or information in the possession of the district attorney

or any other law enforcement agency that has reported to the

district attorney in the case, which should be considered in

preparing the ordered report. The police reports, any report from

the Oklahoma State Bureau of Investigation, and any other relevant

documents or information as available, shall be provided to the OJA

within five (5) business days of the issuance of the order.

F. In any case for which the court orders a certification

study, the attorney for the youth is ordered to provide to OJA the

names and contact information of the youth's parents, guardians, or

next friend, along with any relevant documents or information the

youth requests OJA to consider in the preparation of the ordered

report. The names and contact information and any other documents

or information shall be provided to OJA within five (5) business

days of the issuance of the order.
Okla. Stat. tit. 10, § 10-7700-101 — OK Code / Title 10 / Section 10-7700-101
Short title
Status: in_force

Sections 2 through 58 of this act shall be known and may be

cited as the “Uniform Parentage Act”.
Okla. Stat. tit. 10, § 10-1160.6 — OK Code / Title 10 / Section 10-1160.6
Renumbered as § 7302-9.6 of this title by Laws 1995, c
Status: in_force

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

Children and Youth - Duties.

The Office of Planning and Coordination for Services to Children

and Youth shall:

1. Convene meetings of public and private agencies that provide

services to children and youth for the purpose of facilitating and

implementing joint planning and service coordination among said

agencies;

2. Prepare, with input from the Parent Partnership Board and

affected public and private agencies, a State Plan for Services to

Children and Youth for the upcoming three (3) years for the approval

of the Commission;

3. Make recommendations, to be included in the State Plan, for

the development and improvement of services provided to children and

youth, including homeless children and youth and youth at risk of

homelessness; and

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

Representatives, President Pro Tempore of the Senate, Chief Justice

of the Supreme Court of the State of Oklahoma, public and private

agencies, and such other persons as necessary and appropriate.
Okla. Stat. tit. 10, § 10-60.33 — OK Code / Title 10 / Section 10-60.33
Renumbered as § 7510-2.3 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-1633 — OK Code / Title 10 / Section 10-1633
School district fingerprinting programs
Status: in_force

A. Each board of education may develop a fingerprinting program

for students within the district. The principal or chief

administrative officer of a nonpublic school in this state may

develop a fingerprinting program for students of the school. If

developed, the program shall be developed in conjunction with local

law enforcement agencies having jurisdiction within the school

district or where the nonpublic school is located or in conjunction

with any organization providing such services on a voluntary basis.

Such local law enforcement agencies shall cooperate fully with the

board of education or nonpublic school in the development of its

fingerprinting program.

B. Such fingerprinting program shall be developed for the sole

purpose of providing a means by which a missing child might be

located or identified and shall be operated on the following basis:

1. No student shall be required to participate in the program;2. The Oklahoma State Bureau of Investigation shall provide fingerprint cards upon request of any school, organization, or local law enforcement agency

who requests such cards to implement the provisions of the Oklahoma

Minor Identification Act;

3. In order for a student to participate in the program, the

parent, legal guardian, or legal custodian of the student shall

Oklahoma Statutes - Title 10. Children Page 272

authorize the student's participation by signing a form that shall

be developed for the program by the board of education of a public

school or by the principal or chief administrative officer of the

nonpublic school. No student shall be fingerprinted unless a signed

authorization form is in the possession of school officials;

4. The fingerprinting of students shall be performed by members

of the local law enforcement agencies or members of any organization

volunteering to provide such service;

5. Two copies of a student's fingerprints shall be made. One

copy shall be given to the student's parent, legal guardian, or

legal custodian and one copy shall be retained in the student's

records by the school and transferred with other school records of

the student until the student's eighteenth birthday. The copy of

the student's fingerprints retained by the school shall be destroyed

by such school on the student's eighteenth birthday;

6. The name, sex, hair and eye color, height, weight, and date

and place of birth of the student shall be indicated on the

fingerprint card;

7. The fingerprint card shall include in a conspicuous place on

the card a statement that the card may be used for identification

purposes only and may not be used in any juvenile or criminal

investigation or proceeding conducted against the student. A

fingerprint card prepared pursuant to the Oklahoma Minor

Identification Act may be used by a law enforcement agency only to

help identify a student who is lost, missing, kidnapped, or killed;

and

8. The fingerprinting program developed pursuant to this

section shall be offered on a periodic basis. Parents, legal

guardians, and legal custodians in the districts or in the

communities served by the schools shall be notified at least two (2)

weeks prior to the date set for commencement of the fingerprinting

program. These notifications may be given by means of memoranda or

letters sent to such parents, legal guardians, or legal custodians.
Okla. Stat. tit. 10, § 10-5 — OK Code / Title 10 / Section 10-5
Renumbered as § 109.4 of Title 43 by Laws 2009, c. 233, §
Status: in_force

197, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7204.1 — OK Code / Title 10 / Section 10-7204.1
Renumbered as § 1-9-117 of Title 10A by Laws 2009, c
Status: in_force

233, § 309, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-3-101 — OK Code / Title 10A / Section 10A-2-3-101
Conditions of detention of child - Detention or
Status: in_force

confinement in adult facility - Access to facilities and data.

A. When a child is taken into custody pursuant to the

provisions of the Oklahoma Juvenile Code, the child shall be

detained only if it is necessary to assure the appearance of the

child in court or for the protection of the child or the public.

1. a. No child twelve (12) years of age or younger shall be

placed in a juvenile detention facility unless all

alternatives have been exhausted and the child is

currently charged with a criminal offense that would

constitute a felony if committed by an adult and it

has been indicated by a risk-assessment screening that

the child requires detention. The detention of any

child twelve (12) years of age or younger shall be

judicially reviewed pursuant to subparagraph c of this

paragraph.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 331

b. Any child who is thirteen (13) or fourteen (14) years

of age may be admitted to a juvenile detention

facility only after all alternatives have been

exhausted and the child is currently charged with a

criminal offense that would constitute a felony if

committed by an adult and it has been indicated by a

risk-assessment screening that the child requires

detention.

c. No preadjudicatory or predisposition detention or

custody order shall remain in force and effect for

more than thirty (30) days. The court, for good and

sufficient cause shown, may extend the effective

period of such an order for an additional period not

to exceed sixty (60) days. If the child is being

detained for the commission of a murder, the court

may, if it is in the best interests of justice, extend

the effective period of such an order an additional

sixty (60) days.

d. Whenever the court orders a child to be held in a

juvenile detention facility, an order for secure

detention shall remain in force and effect for not

more than fifteen (15) days after such order. Upon an

application of the district attorney and after a

hearing on such application, the court, for good and

sufficient cause shown, may extend the effective

period of such an order for an additional period not

to exceed fifteen (15) days after such hearing. The

total period of preadjudicatory or predisposition

shall not exceed the ninety-day limitation as

specified in subparagraph a of this paragraph. The

child shall be present at the hearing on the

application for extension unless, as authorized and

approved by the court, the attorney for the child is

present at the hearing and the child is available to

participate in the hearing via telephone conference

communication. For the purpose of this paragraph,

"telephone conference communication" means use of a

telephone device that allows all parties, including

the child, to hear and be heard by the other parties

at the hearing. After the hearing, the court may

order continued detention in a juvenile detention

center, may order the child detained in an alternative

to secure detention or may order the release of the

child from detention.

2. No child alleged or adjudicated to be deprived or in need of

supervision or who is or appears to be a minor in need of treatment

as defined by the Inpatient Mental Health and Substance Abuse

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 332

Treatment of Minors Act, shall be confined in any jail, adult

lockup, or adult detention facility. No child shall be transported

or detained in association with criminal, vicious, or dissolute

persons.

3. Except as otherwise authorized by this section a child who

has been taken into custody as a deprived child, a child in need of

supervision, or who appears to be a minor in need of treatment, may

not be placed in any detention facility pending court proceedings,

but must be placed in shelter care or foster care or, with regard to

a child who appears to be a minor in need of treatment, a behavioral

health treatment facility in accordance with the provisions of the

Inpatient Mental Health and Substance Abuse Treatment of Minors Act,

or released to the custody of the parents of the child or some other

responsible party. Provided, this shall not preclude runaway

juveniles from other states, with or without delinquent status, to

be held in a detention facility in accordance with the Interstate

Compact for Juveniles in Sections 2-9-101 through 2-9-116 of this

title and rules promulgated by the Interstate Commission.

B. No child shall be placed in secure detention unless:

1. The child is an escapee from any delinquent placement;

2. The child is a fugitive from another jurisdiction with a

warrant on a delinquency charge or confirmation of delinquency

charges by the home jurisdiction;

3. The child is seriously assaultive or destructive towards

others or self;

4. The child is currently charged with any criminal offense

that would constitute a felony if committed by an adult or a

misdemeanor and:

a. is on probation or parole on a prior delinquent

offense,

b. is on preadjudicatory community supervision, or

c. is currently on release status on a prior delinquent

offense;

5. The child has willfully failed or there is reason to believe

that the child will willfully fail to appear for juvenile court

proceedings;

6. A warrant for the child has been issued on the basis that:

a. the child is absent from court-ordered placement

without approval by the court,

b. the child is absent from designated placement by the

Office of Juvenile Affairs without approval by the

Office of Juvenile Affairs,

c. there is reason to believe the child will not remain

at said placement, or

d. the child is subject to an administrative transfer or

parole revocation proceeding.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 333

C. A child who has violated a court order and has had the order

revoked or modified pursuant to Section 2-2-503 of this title may be

placed into an Office-of-Juvenile-Affairs-designated sanction

detention bed or an Office-of-Juvenile-Affairs-approved sanction

program.

D. Priority shall be given to the use of juvenile detention

facilities for the detention of juvenile offenders through

provisions requiring the removal from detention of a juvenile with a

lower priority status if an empty detention bed is not available at

the time of referral of a juvenile with a higher priority status and

if the juvenile with a higher priority status would be more of a

danger to the public than the juvenile with the lower priority

status.

E. Juvenile detention facilities shall be the initial placement

for all persons under eighteen (18) years of age. No child shall be

placed in secure detention in an adult jail, adult lockup, adult

detention facility or other adult facility except as provided in

this section.

1. Any child who is at least fifteen (15) years of age who is

charged with murder in the first degree may be detained in an adult

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

only after a hearing in which the child is provided representation

and the court makes a written finding that it is in the interest of

justice that the child be placed in an adult jail, adult lockup,

adult detention facility or other adult facility.

2. In determining whether it is in the interest of justice that

a child who is at least fifteen (15) years of age and who is charged

with murder in the first degree be placed in an adult jail, adult

lockup, adult detention facility or other adult facility, the court

shall consider:

a. the age of the child,

b. the physical and mental maturity of the child,

c. the present mental state of the child, including

whether the child presents an imminent risk of harm to

the child,

d. the nature and circumstances of the alleged offense,

e. the child's history of prior delinquent acts,

f. the relative ability of the available adult and

juvenile detention facilities to not only meet the

specific needs of the child but also to protect the

safety of the public as well as other detained youth,

and

g. any other relevant factors.

3. If a court determines that it is in the interest of justice

that the child be placed in an adult jail, adult lockup, adult

detention facility or other adult facility:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 334

a. the court shall hold a hearing not less frequently

than once every thirty (30) days, or in the case of a

rural jurisdiction, which is any jurisdiction not

located in a metropolitan statistical area as defined

by the United States Office of Management and Budget,

not less frequently than once every forty-five (45)

days, to review whether it is still in the interest of

justice to permit the juvenile to be so held or have

such sight and sound contact, and

b. the child shall not be held in any adult jail or

lockup for adults or be permitted to have sight or

sound contact with adult inmates for more than one

hundred eighty (180) days, unless the court, in

writing, determines there is good cause for an

extension or the child expressly waives this

limitation.

F. When a child is placed in an adult jail, adult lockup, adult

detention facility or other adult facility, he or she shall be

afforded the following rights and protections in order to address

the child's health and safety:

1. A copy of the child's most current mental health or suicide

screening instrument approved by the Office of Juvenile Affairs

shall be provided to the adult jail, adult lockup or adult detention

facility at the time of the child's transfer; and

2. Adult jails, adult lockups, adult detention facilities or

other adult facilities shall process requests for visits and allow

approved visitors contact visits with the child within five (5)

business days of the request.

G. 1. Except as otherwise provided in this section, no child

shall be placed in secure detention in an adult jail, adult lockup,

adult detention facility or other adult facility unless:

a. the adult jail, adult lockup or adult detention

facility provides sight and sound separation for

juveniles, pursuant to standards required by

subsection E of Section 2-3-103 of this title, and

b. the adult jail, adult lockup or adult detention

facility meets the requirements for licensure of

juvenile detention facilities, as adopted by the

Office of Juvenile Affairs, is appropriately licensed,

and provides sight and sound separation for juveniles,

which includes:

(1) total separation between juveniles and adult

facility spatial areas such that there could be

no haphazard or accidental contact between

juvenile and adult residents in the respective

facilities,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 335

(2) total separation in all juvenile and adult

program activities within the facilities,

including recreation, education, counseling,

health care, dining, sleeping and general living

activities, and

(3) separate juvenile and adult staff, specifically

direct care staff such as recreation, education

and counseling.

Specialized services staff, such as cooks,

bookkeepers, and medical professionals who are not

normally in contact with detainees or whose infrequent

contacts occur under conditions of separation of

juveniles and adults can serve both.

2. Nothing in this section shall preclude a child who is

detained for the commission of a crime that would constitute a

felony if committed by an adult, or a child who is an escapee from a

juvenile secure facility or from an Office of Juvenile Affairs group

home from being held in any jail certified by the State Department

of Health, police station or similar law enforcement offices for up

to six (6) hours for purposes of identification, processing or

arranging for transfer to a secure detention or alternative to

secure detention. Such holding shall be limited to the absolute

minimum time necessary to complete these actions.

a. The time limitations for holding a child in a jail for

the purposes of identification, processing or

arranging transfer established by this section shall

not include the actual travel time required for

transporting a child from a jail to a juvenile

detention facility or alternative to secure detention.

b. Whenever the time limitations established by this

subsection are exceeded, this circumstance shall not

constitute a defense in a subsequent delinquency or

criminal proceeding.

3. Nothing in this section shall preclude detaining in a county

jail or other adult detention facility an eighteen-year-old charged

in a juvenile petition for whom certification to stand trial as an

adult is prayed. However, if no certification motion is filed, the

eighteen-year-old may remain in a juvenile detention facility as

long as secure detention is required.

4. Nothing in this section shall preclude detaining in a county

jail or other adult detention facility a person provided for in

Section 2-3-102 of this title if written or electronically

transmitted confirmation is received from the state seeking return

of the individual that the person is a person provided for in

Section 2-3-102 of this title and if, during the time of detention,

the person is detained in a facility meeting the requirements of

Section 2-3-103 of this title.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 336

5. Nothing in this section shall preclude detaining a person,

whose age is not immediately ascertainable and who is being detained

for the commission of a felony, in a jail certified by the State

Department of Health, a police station or similar law enforcement

office for up to twenty-four (24) hours for the purpose of

determining whether or not the person is a child, if:

a. there is a reasonable belief that the person is

eighteen (18) years of age or older,

b. there is a reasonable belief that a felony has been

committed by the person,

c. a court order for such detention is obtained from a

judge of the district court within six (6) hours of

initially detaining the person,

d. there is no juvenile detention facility that has space

available for the person and that is within thirty

(30) miles of the jail, police station, or law

enforcement office in which the person is to be

detained, and

e. during the time of detention the person is detained in

a facility meeting the requirements of subparagraph b

of paragraph 1 of this subsection.

The time limitation provided for in this paragraph shall include the

time the person is detained prior to the issuance of the court

order.

The time limitation provided for in this paragraph shall not include

the actual travel time required for transporting the person to the

jail, police station, or similar law enforcement office. If the

time limitation established by this paragraph is exceeded, this

circumstance shall not constitute a defense in any subsequent

delinquency or criminal proceeding.

H. Nothing contained in this section shall in any way reduce or

eliminate the liability of a county as otherwise provided by law for

injury or damages resulting from the placement of a child in an

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

facility.

I. Any juvenile detention facility shall be available for use

by any eligible Indian child as that term is defined by the Oklahoma

Indian Child Welfare Act, providing that the use of the juvenile

detention facility meets the requirements of the Oklahoma Juvenile

Code. The Indian tribe may contract with any juvenile detention

facility for the providing of detention services.

J. Each member of the staff of a juvenile detention facility

shall satisfactorily complete a training program provided or

approved by the Office of Juvenile Affairs.

K. Whenever a juvenile is placed in any adult jail, adult

lockup, adult detention facility or other adult facility, the Office

of Juvenile Affairs shall have access to all facilities which detain

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 337

such juveniles and shall have access to any data regarding such

juveniles. The Office of Juvenile Affairs shall have access to all

adult jails, adult lockups, adult detention facilities or other

adult facilities in this state, including all data maintained by

such facilities, to assure compliance with this section. The Board

of Juvenile Affairs shall promulgate rules as necessary to implement

the provisions of this section.
Okla. Stat. tit. 10, § 10-7003-3.4 — OK Code / Title 10 / Section 10-7003-3.4
Renumbered as § 1-4-303 of Title 10A by Laws 2009, c
Status: in_force

233, § 231, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10A, § 10A-2-7-601 — OK Code / Title 10A / Section 10A-2-7-601
Juveniles placed in Office-operated institutions and
Status: in_force

facilities - Powers and duties of Office.

A. In addition to the other powers and duties prescribed by

law, the Office of Juvenile Affairs shall have the following duties

and powers with regard to juveniles placed in Office-operated

institutions and facilities:

1. Provide for the care, education, training, treatment and

rehabilitation of juveniles who are placed in the institutions and

facilities. The Office shall provide for a uniform system of

assessment of the reading ability of each juvenile upon initial

placement in an Office-operated institution or facility. The

assessment shall include, but not be limited to, the following

skills:

a. the level of word decoding skills of the juvenile,

b. the level of vocabulary and spelling ability of the

juvenile, and

c. the comprehension level of the juvenile.

The Office may give assistance to local school districts in

providing an education to such juveniles, may supplement such

education, and may provide facilities for such purposes. It shall

be the duty of the Office to assure that juveniles in the aforesaid

institutions and facilities receive educational services which

provide each juvenile with a balanced and comprehensive reading

program, which includes as its primary and foundational components:

(1) an organized, systematic, explicit skills program

that may include phonics, word recognition

strategies and other word decoding skills to

address the needs of the individual juvenile as

determined by the entry-level needs assessment,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 430

(2) a strong language arts and comprehension program

that includes a balance of oral and written

language, an ongoing individualized evaluation

and diagnosis that informs the teacher and an

assessment that assures accountability, and

(3) writing, mathematics, science and vocational-

technical education;

2. Transfer from a juvenile institution to another facility

under the jurisdiction of the Office, a juvenile who has been

adjudicated delinquent, if the Office believes it advisable to do

so; transfer from a facility for juveniles in need of supervision to

another such facility, a juvenile who has been adjudicated in need

of supervision, provided that such transfer is consistent with the

treatment needs of the juvenile; transfer from a juvenile

institution or facility to a state school for individuals with

intellectual disabilities, any juvenile eligible for admission

thereto, if the juvenile appears to be in need of the care and

treatment provided at such school; transfer from a facility for

delinquent or in need of supervision juveniles to an appropriate

facility or to the Department of Mental Health and Substance Abuse

Services any juvenile found by the court to be a minor in need of

treatment pursuant to the Inpatient Mental Health and Substance

Abuse Treatment of Minors Act and committed to inpatient mental

health or substance abuse treatment as provided by the Inpatient

Mental Health and Substance Abuse Treatment of Minors Act. If a

transfer is made pursuant to this paragraph, the Office shall comply

with the notification requirements of Section 2-2-504 of this title;

3. Release on parole a juvenile previously adjudicated to be

delinquent, subject to terms and conditions specified by the Office,

whenever the Office determines that such release will not be

detrimental to society and that the juvenile is ready to be returned

to the community and revoke the parole for violation of the

specified terms or conditions of parole pursuant to the provisions

of this section and the rules and procedures established by the

Office for such revocation;

4. Release any juvenile from a juvenile institution for

placement in a group home, transitional living program, independent

living program, other community-based facility or program or out-of-

home care subject to terms and conditions specified by the Office;

and

5. Provide parole services for juveniles released on parole

from juvenile institutions, and aftercare services for juveniles

discharged from juvenile institutions or facilities. Persons

designated as Juvenile Parole Officers by the Office shall have the

power to serve process and to apprehend and detain juveniles and

make arrests in accordance with the laws of the state.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 431

B. The transfer of a juvenile from a nonsecure placement to a

secure placement shall be subject to an administrative transfer

hearing and any revocation of parole shall be subject to a parole

revocation hearing.

1. In any administrative transfer or parole revocation

proceeding, the following minimum standards shall apply:

a. the juvenile shall have the right to notice of the

proposed transfer or parole revocation hearing and the

alleged violation of administrative or parole rules on

which the proposed transfer or parole revocation is

based,

b. the juvenile shall have the right to representation by

an attorney,

c. the juvenile shall have the right to present evidence

on behalf of the juvenile, and

d. the juvenile shall have a right to bail, except that

the right to bail shall not be construed to require

that a juvenile who is in residence in an Office-

operated institution or other facility at the time of

an alleged violation leading to an administrative

transfer proceeding be released from such institution

or facility.

2. The situs of the hearings shall be the county in which the

alleged violation of administrative or parole rules occurred or the

county of original jurisdiction. The judge having juvenile docket

jurisdiction in the county shall aid the administrative transfer or

parole revocation process of the Office by:

a. determining eligibility for and amount of bail,

b. deciding any intermediate custody or placement issue,

and

c. if legal counsel for the juvenile has not otherwise

been obtained, appointing legal counsel for the

juvenile and fixing the amount of compensation for the

legal counsel. The judge shall also determine if the

juvenile is eligible for free legal services. If the

juvenile is not eligible for free legal services, the

court shall order the parents or legal guardian of the

juvenile to pay for such services.

3. If legal counsel for the juvenile has not otherwise been

obtained, the appointment of legal counsel for the juvenile, the

setting of the amount of compensation for such counsel, and the

determination of whether or not the juvenile is eligible for free

legal services shall be provided for pursuant to the Indigent

Defense Act; provided, however, in those counties subject to the

provisions of Section 138.1 of Title 19 of the Oklahoma Statutes,

the legal services shall be provided by the county indigent defender

as provided by law. If the juvenile is not eligible for free legal

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 432

services, the court shall order the parents or legal guardian of the

juvenile to pay for such services.

C. The Office may participate in federal programs relating to

delinquent juveniles, or juveniles in need of supervision, or

institutions and services for such juveniles and apply for, receive,

use and administer federal funds for such purposes.

D. The Office shall receive interest earnings on the investment

by the State Treasurer of monies, to be credited to an agency

special account, for the benefit of and held in trust for persons

placed in the custody of the Office or in residence at institutions

or facilities maintained by the Office.
Okla. Stat. tit. 10, § 10-1134 — OK Code / Title 10 / Section 10-1134
Renumbered as § 7006-1.5 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7501-1.1 — OK Code / Title 10 / Section 10-7501-1.1
Short title - Composition of Code
Status: in_force

A. Chapter 75 of this title shall be known and may be cited as

the "Oklahoma Adoption Code".

B. The Oklahoma Adoption Code shall be composed of eleven

articles:

Article 1. State Policy and General Definitions.

Article 2. Jurisdiction, Venue and Choice of Law.

Article 3. Adoption of Minors.

Article 4. Medical and Social Histories.

Article 5. Adoption Proceedings.

Article 6. Paternity Registry.

Article 7. Adult Adoptions.

Article 8. Adult Adoptee Services.

Article 9. General Provisions.

Article 10. Subsidized Adoption Programs.

Article 11. Studies and Committees.

C. All statutes hereinafter enacted and codified in Chapter 75

of this title shall be considered and deemed part of the Oklahoma

Adoption Code.

D. The provisions of the Oklahoma Adoption Code shall not

invalidate any adoption heretofore granted by any court.
Okla. Stat. tit. 10, § 10-154 — OK Code / Title 10 / Section 10-154
School superintendents' reports of children attending
Status: in_force

schools.

At the beginning of the last month of each yearly term of

school, the Superintendent of Public Schools of any school district

affected by the provisions of this Act, shall make a written report

of any and all children confined in any Institution as is defined in

Section 2 hereof, who shall have attended or been in control of the

public schools of said district during the current year, their ages,

attendance, their progress made and promotions, if any. Said report

shall be in triplicate under oath and filed with the clerk of the

Board of Education.
Okla. Stat. tit. 10A, § 10A-1-8-108 — OK Code / Title 10A / Section 10A-1-8-108
Appointment of legal guardian – Appointment of
Status: in_force

guardian ad litem.

A. The court shall appoint a guardian ad litem of the estate of

the child when necessary for the purpose of preserving the child's

property rights, securing for the child any benefits to which the

child may be entitled under social security programs, insurance,

claims against third parties, and otherwise, and receiving and

administering such funds or property for the care and education of

the child.

1. When the child is in the emergency or temporary custody of

the Department of Human Services, the court may appoint an attorney

or a parent as guardian ad litem of the estate of the child.

2. When a child is in the permanent legal custody of the

Department, the Director shall serve as the legal guardian of the

estate of the child until an attorney guardian ad litem is

appointed.

B. A copy of the order appointing a guardian ad litem shall be

provided to the Department.

C. When the appointment of a guardian ad litem is necessary,

the appointment may be made in the deprived case; provided, the

actions of the guardian ad litem shall be subject to the approval of

the court with jurisdiction to adjudicate the property interests of

the child.
Okla. Stat. tit. 10A, § 10A-2-9-106 — OK Code / Title 10A / Section 10A-2-9-106
Interstate Commission - Organization and operation
Status: in_force

ARTICLE V

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

A. Bylaws.

The Interstate Commission shall, by a majority of the members

present and voting, within twelve (12) months after the first

Interstate Commission meeting, adopt bylaws to govern its conduct as

may be necessary or appropriate to carry out the purposes of the

compact, including, but not limited to:

a. establishing the fiscal year of the Interstate

Commission,

b. establishing an executive committee and such other

committees as may be necessary,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 476

c. provide for the establishment of committees governing

any general or specific delegation of any authority or

function of the Interstate Commission,

d. providing reasonable procedures for calling and

conducting meetings of the Interstate Commission, and

ensuring reasonable notice of each such meeting,

e. establishing the titles and responsibilities of the

officers of the Interstate Commission,

f. providing a mechanism for concluding the operations of

the Interstate Commission and the return of any

surplus funds that may exist upon the termination of

the Compact after the payment and/or reserving of all

of its debts and obligations,

g. providing “start-up” rules for initial administration

of the compact, and

h. establishing standards and procedures for compliance

and technical assistance in carrying out the compact.

B. Officers and staff.

1. The Interstate Commission shall, by a majority of the

members, elect annually from among its members a chairperson and a

vice-chairperson, each of whom shall have such authority and duties

as may be specified in the bylaws. The chairperson or, in the

chairperson’s absence or disability, the vice-chairperson shall

preside at all meetings of the Interstate Commission. The officers

so elected shall serve without compensation or remuneration from the

Interstate Commission; provided that, subject to the availability of

budgeted funds, the officers shall be reimbursed for any ordinary

and necessary costs and expenses incurred by them in the performance

of their duties and responsibilities as officers of the Interstate

Commission.

2. The Interstate Commission shall, through its executive

committee, appoint or retain an executive director for such period,

upon such terms and conditions and for such compensation as the

Interstate Commission may deem appropriate. The executive director

shall serve as secretary to the Interstate Commission, but shall not

be a Member and shall hire and supervise such other staff as may be

authorized by the Interstate Commission.

C. Qualified immunity, defense and indemnification.

1. The Interstate Commission’s executive director and employees

shall be immune from suit and liability, either personally or in

their official capacity, for any claim for damage to or loss of

property or personal injury or other civil liability caused or

arising out of or relating to any actual or alleged act, error, or

omission that occurred, or that such person had a reasonable basis

for believing occurred within the scope of Interstate Commission

employment, duties, or responsibilities; provided, that any such

person shall not be protected from suit or liability for any damage,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 477

loss, injury, or liability caused by the intentional or willful and

wanton misconduct of any such person.

2. The liability of any commissioner, or the employee or agent

of a commissioner, acting within the scope of such person’s

employment or duties for acts, errors, or omissions occurring within

such person’s state may not exceed the limits of liability set forth

under the Constitution and laws of that state for state officials,

employees, and agents. Nothing in this subsection shall be

construed to protect any such person from suit or liability for any

damage, loss, injury, or liability caused by the intentional or

willful and wanton misconduct of any such person.

3. The Interstate Commission shall defend the executive

director or the employees or representatives of the Interstate

Commission and, subject to the approval of the Attorney General of

the state represented by any commissioner of a compacting state,

shall defend such commissioner or the commissioner’s representatives

or employees in any civil action seeking to impose liability arising

out of any actual or alleged act, error or omission that occurred

within the scope of Interstate Commission employment, duties or

responsibilities, or that the defendant had a reasonable basis for

believing occurred within the scope of Interstate Commission

employment, duties, or responsibilities, provided that the actual or

alleged act, error, or omission did not result from intentional or

willful and wanton misconduct on the part of such person.

4. The Interstate Commission shall indemnify and hold the

commissioner of a compacting state, or the commissioner’s

representatives or employees, or the Interstate Commission’s

representatives or employees, harmless in the amount of any

settlement or judgment obtained against such persons arising out of

any actual or alleged act, error, or omission that occurred within

the scope of Interstate Commission employment, duties, or

responsibilities, or that such persons had a reasonable basis for

believing occurred within the scope of Interstate Commission

employment, duties, or responsibilities, provided that the actual or

alleged act, error, or omission did not result from intentional or

willful and wanton misconduct on the part of such persons.
Okla. Stat. tit. 10, § 10-60.30 — OK Code / Title 10 / Section 10-60.30
Renumbered as § 7510-1.6 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.

Oklahoma Statutes - Title 10. Children Page 47
Okla. Stat. tit. 10A, § 10A-2-4-104 — OK Code / Title 10A / Section 10A-2-4-104
Investigations and reports - Legal proceedings
Status: in_force

A. It shall be the duty of the director and other employees of

the juvenile bureau, at the request of and under the direction of

the court, to investigate and report on all cases that are pending

in the Juvenile Docket of the district court, and to investigate and

report on all cases of delinquent children and children in need of

supervision, residing or being in the county. The director and

counselors shall have the power to file, or cause to be filed,

information or complaint and to institute and commence the necessary

legal proceedings for the purpose of carrying into effect the laws

of this state relating to delinquent children and children in need

of supervision, and the director and counselors shall investigate

and report to the court for appropriate legal action the existence

and maintenance of any place or public resort or institution in the

county which is or may be detrimental to morals and welfare of

children. It shall be the duty of the court clerk to assign

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 347

adequate personnel to perform the clerical duties necessary and

incidental to the operation of the Juvenile Docket of the court.

B. All penal, eleemosynary or other institutions under the

jurisdiction of the State of Oklahoma and any law enforcement agency

or officer of the State of Oklahoma or of any city or county within

the state shall furnish the director and assistants of the director

with any and all information requested by them pertaining to any

person under the jurisdiction of the court.
Okla. Stat. tit. 10, § 10-7306-2.7a — OK Code / Title 10 / Section 10-7306-2.7a
Renumbered as § 2-5-207 of Title 10A by Laws 2009,
Status: in_force

c. 234, § 188, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-602 — OK Code / Title 10 / Section 10-602
Renumbered as § 7302-2.3 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-60.25 — OK Code / Title 10 / Section 10-60.25
Renumbered as § 7510-1.1 of this title by Laws 1997, c
Status: in_force

366, § 59, eff. Nov. 1, 1997.
Okla. Stat. tit. 10, § 10-7003-5.6 — OK Code / Title 10 / Section 10-7003-5.6
Renumbered as § 1-4-807 of Title 10A by Laws 2009, c
Status: in_force

233, § 253, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1430.26 — OK Code / Title 10 / Section 10-1430.26
Provider prohibited from having insurable interest in
Status: in_force

life of resident or being beneficiary of life insurance policy -

Appointment as guardian or conservator or holding power of attorney

prohibited.

A. No provider or licensee, including a corporate officer,

major stockholder or member of the board of directors, member of the

firm, major member of the limited liability company or manager,

major partner of the partnership when the provider or licensee is a

firm, partnership, limited liability company, or corporation,

administrator, or employee of a group home subject to the provisions

of the Group Homes for Persons with Developmental or Physical

Disabilities Act shall have an insurable interest in the life of a

resident of the home unless the provider, licensee, administrator,

or employee is related to the resident of the home by blood,

marriage or adoption.

B. No provider or licensee, including a corporate officer,

major stockholder, or member of the board of directors, member of

the firm, major member of the limited liability company or manager,

major partner of the partnership when the provider or licensee is a

firm, partnership, limited liability company, or corporation,

administrator, or employee of a group home shall be entitled or

assigned to any benefits of a life insurance policy on the resident

unless the provider, licensee, administrator, or employee is related

to the resident of the home by blood, marriage or adoption.

C. No provider or licensee, including a corporate officer,

major stockholder or member of the board of directors, member of the

firm, major member of the limited liability company or manager,

major partner of the partnership, when the provider or licensee is a

firm, partnership, limited liability company, or corporation,

administrator, or employee of a group home shall be appointed

guardian or conservator of a resident of the home or hold power of

attorney for a resident of the home unless said provider, licensee,

administrator or employee is a relative of the resident and is

otherwise eligible for appointment by a court as the guardian of the

resident.beneficiary of life insurance policy - Appointment as guardian or conservator or holding power of

Oklahoma Statutes - Title 10. Children Page 11
Okla. Stat. tit. 10, § 10-7303-5.2 — OK Code / Title 10 / Section 10-7303-5.2
Renumbered as § 2-2-502 of Title 10A by Laws 2009, c
Status: in_force

234, § 181, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1136 — OK Code / Title 10 / Section 10-1136
Renumbered as § 7002-2.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-60.21 — OK Code / Title 10 / Section 10-60.21
Renumbered as § 7507-1.1 of this title by Laws 1997, c
Status: in_force

366, § 58, eff. Nov. 1, 1997.
Okla. Stat. tit. 10A, § 10A-1-4-501 — OK Code / Title 10A / Section 10A-1-4-501
District attorney to act as petitioner
Status: in_force

Except as otherwise provided by this Code, the district attorney

shall prepare and prosecute every hearing and proceeding within the

purview of the Oklahoma Children's Code, and shall act as petitioner

in all cases; provided, counsel for the Department of Human Services

may, with consent of the district attorney, represent the interests

of the state in proceedings involving a child in the permanent legal

custody of the Department.
Okla. Stat. tit. 10, § 10-7700-507 — OK Code / Title 10 / Section 10-7700-507
Advance payment for additional testing
Status: in_force

If the previous genetic testing identified a man as the father

of the child under Section 27 of this act, the court or the

Department of Human Services may not order additional testing unless

the party challenging the test provides advance payment for the

testing.
Okla. Stat. tit. 10, § 10-7007-1.7 — OK Code / Title 10 / Section 10-7007-1.7
Membership
Status: in_force

A. The Judicial Coordination Advisory Study Panel shall consist

of the following fourteen (14) members:

1. Nine members representing various rural and metropolitan

areas across Oklahoma and who are judges having juvenile docket

responsibilities, appointed by the Juvenile Justice Oversight

Committee of the Supreme Court;

2. One member who serves as a court-appointed special advocate,

appointed by the Oklahoma Court-Appointed Special Advocate

Association;

3. The Director of the Administrative Office of the Courts, or

designee;

Oklahoma Statutes - Title 10. Children Page 279

4. The Director of the Department of Human Services, or

designee;

5. The Director of the Oklahoma Commission on Children and

Youth, or designee; and

6. The Executive Director of the Office of Juvenile Affairs, or

designee.

B. 1. Appointments to the Judicial Coordination Advisory Study

Panel shall be made as soon as possible after the effective date of

this act. The Study Panel shall call its first meeting as soon as

possible after the appointments are made.

2. Members of the Judicial Coordination Advisory Study Panel

shall elect two cochairs from its membership to serve until June 30,

2002.

3. Vacancy in such office shall be filled in the same manner as

the original appointment. A majority of the members of the Study

Panel shall constitute a quorum to transact business, but no vacancy

shall impair the right of the remaining members to exercise all of

the powers of the Study Panel.

C. Members of the Judicial Coordination Advisory Study Panel

shall receive no compensation for serving on the Study Panel, but

shall receive travel reimbursement as follows:

1. State agency members of the Study Panel shall be reimbursed

by their respective agencies for their necessary travel expenses

incurred in the performance of their duties in accordance with the

State Travel Reimbursement Act; and

2. Any other Study Panel members shall receive reimbursement

pursuant to the State Travel Reimbursement Act from funds of the

Legislative Service Bureau.

D. The Study Panel may divide into subcommittees in furtherance

of its purposes. Staffing shall be provided by the respective

agencies of the Study Panel.
Okla. Stat. tit. 10A, § 10A-2-7-504 — OK Code / Title 10A / Section 10A-2-7-504
Discharge of children adjudicated delinquent –
Status: in_force

Retention of custody and jurisdiction.

A. Except as otherwise provided by law, all children

adjudicated delinquent and committed to the Office of Juvenile

Affairs shall be discharged at such time as the Office determines

there is a reasonable probability that it is no longer necessary,

either for the rehabilitation and treatment of the child, or for the

protection of the public, that the Office retain legal custody.

Following a hearing, the court may also order that a child adjudged

delinquent and committed to the Office shall be discharged by the

Office provided the child is on parole status and the court deems

the discharge in the best interest of the child and public. The

Office shall give a fifteen-day notice to the court and the district

attorney before discharging from legal custody any child committed

and confined in a secure facility.

B. Except as otherwise provided by law, all children adjudged

delinquent and committed to the Office of Juvenile Affairs and not

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 428

discharged under subsection A of this section shall be discharged

when the child becomes eighteen (18) years of age, unless the Office

is authorized by the court to retain custody of the child until

nineteen (19) years of age. Upon the court's own motion or motion

of the Office or the district attorney, which must be filed prior to

the date the child becomes eighteen (18) years of age, the court,

after notice to the delinquent child and to the parents and attorney

of the child, may authorize the Office to retain custody of the

child until the child reaches nineteen (19) years of age in order

for the child to complete the previously adopted plan of

rehabilitation or achieve reasonable treatment objectives. If the

court sustains a motion to retain custody, the delinquent child

during the extended period shall be considered as a child for

purposes of receiving services from the Office and for the purposes

of secure detention. If a child is in a juvenile detention facility

pending placement and the court has ordered or the Office has

requested that the Office retain custody of the child until the

child reaches nineteen (19) years of age, the Office shall notify

the juvenile detention facility at least five (5) days prior to the

child's eighteenth birthday that the child will be remaining in the

juvenile detention facility pending placement. If a criminal

offense is committed by the individual during the extended period,

the offense shall be considered as having been committed by an

adult. Except to the extent necessary to effectuate the purposes of

this section, an individual after age eighteen (18) years is

considered an adult for purposes of other applicable law.

C. The Office of Juvenile Affairs shall not place a child under

ten (10) years of age in an institution maintained for delinquent

children.

D. The court may retain jurisdiction over a child adjudged

delinquent beyond the age of eighteen (18) years to the extent

necessary for the child to complete payment of court costs. The

court may institute contempt proceedings pursuant to Sections 565

through 567 of Title 21 of the Oklahoma Statutes against any person

adjudged delinquent and ordered to pay court costs who neglects or

refuses to pay such court costs. Any child referred to in this

subsection over whom the court retains jurisdiction solely for

payment of court costs shall not be considered to be in the custody

of or under the supervision of the Office of Juvenile Affairs.

E. Following a hearing, the court may order that any child

shall be discharged by the Office of Juvenile Affairs provided the

child is on parole status and the court deems the discharge in the

best interest of the child and public. The Office of Juvenile

Affairs shall give a fifteen-day notice to the district attorney

before discharging from legal custody any child committed and

confined in a secure facility.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 429
Okla. Stat. tit. 10, § 10-1125 — OK Code / Title 10 / Section 10-1125
Renumbered as § 7005-1.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.

Oklahoma Statutes - Title 10. Children Page 197
Okla. Stat. tit. 10, § 10-557.20 — OK Code / Title 10 / Section 10-557.20
Parents to be listed on certificate of birth
Status: in_force

Upon the birth of a child contemplated by a validated

gestational agreement, the intended parents under such validated

gestational agreement shall be listed as the parents on the child's

certificate of birth that is to be filed with the state registrar of

vital statistics as provided by Oklahoma law, and neither the

gestational carrier nor any spouse of the gestational carrier if she

is married shall be listed on said certificate of birth.
Okla. Stat. tit. 10A, § 10A-2-7-801 — OK Code / Title 10A / Section 10A-2-7-801
Juvenile Offender Victim Restitution Work Program
Status: in_force

A. There is hereby created a program of juvenile crime victim

restitution to be administered by the Office of Juvenile Affairs.

The program shall be known as the "Juvenile Offender Victim

Restitution Work Program".

B. The Board of Juvenile Affairs shall promulgate rules

necessary for the implementation of the provisions of this section.

Until the rules are promulgated by the Board, the rules promulgated

by the Commission for Human Services shall remain in effect.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 452

C. The programs developed under the provisions of this section

shall provide restitution to a victim by requiring the juvenile to

work or provide a service for the victim, or to make monetary

restitution to the victim from money earned from such a program.

Restitution shall be made through the employment of the juvenile in

work programs. The supervised work or service program shall not

deprive the juvenile of schooling which is appropriate to the age,

need, and specific rehabilitative goals of the juvenile. The

program shall not prohibit the juvenile from fulfilling restitution

obligations through jobs the juvenile has found, by performing

volunteer services for the community, or by doing work for the

victim.

D. Agreements for participation in the programs under this

section may include restitution not in excess of actual damages

caused by the juvenile which shall be paid from the net earnings of

the juvenile received through participation in a constructive

program of service or education acceptable to the juvenile, the

victim, the Office of Juvenile Affairs, the district attorney and/or

the district court. During the course of such service, the juvenile

shall be paid no less than the federal minimum wage. In considering

a restitution agreement, the Office of Juvenile Affairs, the

district attorney and/or the district court shall take into account

the age, physical and mental capacity of the juvenile. The service

shall be designed to relate to the juvenile a sense of

responsibility for the injuries caused to the person or property of

another. If a petition has not been filed, the district attorney

shall approve the nature of the work, the number of hours to be

spent performing the assigned tasks and shall further specify that

as part of a plan of treatment and rehabilitation, that seventy-five

percent (75%) or more of the net earnings of the juvenile shall be

used for restitution in order to provide positive reinforcement for

the work performed. If a petition has been filed, the district

court may approve the nature of the work, the number of hours to be

spent performing the assigned tasks and may further specify that as

part of a plan of treatment and rehabilitation, that seventy-five

percent (75%) or more of the net earnings of the juvenile shall be

used for restitution.

E. The Office of Juvenile Affairs may enter into contracts with

private service providers for implementation of the program required

by this section. The Office may require, as a condition of the

contract, that the service provider pay restitution directly to the

victim or victims and pay any amounts due to the juvenile directly

to the juvenile. The records of any service provider that contracts

with the Office pursuant to this section shall be subject to

inspection by any employee of the Office of Juvenile Affairs

designated by the Executive Director of the Office of Juvenile

Affairs. The Office of Juvenile Affairs may subsidize the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 453

employment of a juvenile for the purposes of participation in a work

program as provided by this section.

F. Any person, entity or political subdivision who is an

employer of juveniles or recipient of services from a juvenile,

pursuant to an agreement with the Juvenile Offender Victim

Restitution Work Program shall not be liable for ordinary negligence

for:

1. Damage to the property of the juvenile or injury to the

juvenile except as to the liability established by the Workers'

Compensation Act if the juvenile is covered thereunder; or

2. Damage to any property or injury to any person which results

from the services of the juvenile pursuant to this section.
Okla. Stat. tit. 10, § 10-1117 — OK Code / Title 10 / Section 10-1117
Renumbered as § 7003-7.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-7003-2.5 — OK Code / Title 10 / Section 10-7003-2.5
Renumbered as § 1-3-103 of Title 10A by Laws 2009, c
Status: in_force

233, § 223, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7004-1.7 — OK Code / Title 10 / Section 10-7004-1.7
Renumbered as § 1-9-108 of Title 10A by Laws 2009, c
Status: in_force

233, § 300, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-1430.34 — OK Code / Title 10 / Section 10-1430.34
Appointment of monitor or receiver
Status: in_force

Oklahoma Statutes - Title 10. Children Page 260

A. The Department of Human Services may place an employee or

agent to serve as a monitor at a provider agency or licensee subject

to the provisions of the Group Homes for Persons with Developmental

or Physical Disabilities Act or may petition the district court for

appointment of a receiver for a provider or licensee, or both, when

any of the following conditions exist:

1. The group home is operating without a license;

2. The Department has suspended, revoked or refused to renew

the existing license of the provider or licensee;

3. The provider or licensee has closed or has informed the

Department that it intends to close and adequate arrangements for

relocation of residents have not been made at least thirty (30) days

prior to closure; or

4. The Department determines that an emergency exists, whether

or not it has initiated revocation or nonrenewal procedures, if

because of the unwillingness or inability of the provider or

licensee to remedy the emergency the Department believes a monitor

or receiver is necessary.

B. In any situation described in subsection A of this section,

the Department may place a qualified person to act as monitor at the

provider agency or licensee. The monitor shall observe the

operation of the provider agency or licensee, assist the provider or

licensee by advising it on how to comply with the state rules

promulgated by the Commission for Human Services and shall report

periodically to the Department on the operation of the provider

agency or licensee.
Okla. Stat. tit. 10, § 10-1112.1 — OK Code / Title 10 / Section 10-1112.1
Renumbered as § 7303-4.4 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-114.6 — OK Code / Title 10 / Section 10-114.6
Rehabilitation of juvenile offenders through court
Status: in_force

supervised work projects.

Every children's court, city court, county court or other court

in this state possessing jurisdiction under existing law to try,

punish, institutionalize or supervise minors is hereby further

authorized to restrict any minor judicially determined to have

committed a misdemeanor or act of vandalism or delinquency which in

such court's judgment is not serious enough to warrant placement in

an institution, but is serious enough to require restitution for

acts of delinquency, as follows:

(a) Every such minor may be provided suitable work on such

public or civic projects, or other charitable programs as the judge

might, in his own discretion, find to be appropriate.

(b) Time and supervision to perform such tasks may be provided

at the court's discretion by an officer of any governmental agency,

and funds to pay for this supervision shall be provided from the

court fund of the court involved.

(c) No minor shall be required hereunder to perform what would

be classed in a penal institution as "hard labor", nor to interrupt

Oklahoma Statutes - Title 10. Children Page 53

a bona fide educational program nor to be assigned to such work for

more than six (6) weeks.
Okla. Stat. tit. 10, § 10-1202 — OK Code / Title 10 / Section 10-1202
Renumbered as § 7305-1.2 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-6-110 — OK Code / Title 10A / Section 10A-2-6-110
Procedures for providing certain records to sheriffs
Status: in_force

- Confidentiality.

The Office of Juvenile Affairs shall, in cooperation with

sheriffs in this state, develop procedures for providing timely and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 394

relevant information to sheriffs concerning juvenile court records

and agency records of persons who have met the criteria specified in

paragraph 4 of subsection C of Section 2-6-102 of this title. The

procedures shall be designed to provide the type of information

useful and relevant to establishing security level requirements for

persons in the custody of a sheriff. The provisions of this section

shall not require the disclosure of any records or information which

is required by law to be kept confidential.
Okla. Stat. tit. 10, § 10-7700-604 — OK Code / Title 10 / Section 10-7700-604
Personal jurisdiction
Status: in_force

A. An individual may not be adjudicated to be a parent unless

the court has personal jurisdiction over the individual.

B. A court of this state having jurisdiction to adjudicate

parentage may exercise personal jurisdiction over a nonresident

individual, or the guardian or conservator of the individual, if the

conditions prescribed in Section 601-201 of Title 43 of the Oklahoma

Statutes are fulfilled.

C. Lack of jurisdiction over one individual does not preclude

the court from making an adjudication of parentage binding on

another individual over whom the court has personal jurisdiction.
Okla. Stat. tit. 10A, § 10A-2-8-105 — OK Code / Title 10A / Section 10A-2-8-105
Juvenile sex offenders ordered to probation -
Status: in_force

Notification of duty to register.

On or after July 1, 2001, when the court orders a juvenile sex

offender to register on the juvenile sex offender registry as

provided in Section 2-8-104 of this title, the court shall provide

at the time of the order written notification of the duty to

register. The written notification shall be a form provided by the

Office of Juvenile Affairs and shall be signed by the juvenile and a

parent or guardian who has custody and control of the juvenile. One

copy shall be retained by the court, one copy shall be provided to

the juvenile offender, and one copy shall be submitted within three

(3) working days to the juvenile sex offender registry.
Okla. Stat. tit. 10A, § 10A-1-9-114 — OK Code / Title 10A / Section 10A-1-9-114
Recruitment of foster parents from child's relatives
Status: in_force

or from families of same minority racial or ethnic heritage.

A. The Department of Human Services and each child-placing

agency shall make special efforts to recruit foster parents for

children in their custody from suitable relatives and kin of the

child, and shall make diligent efforts to recruit foster and

adoptive families that reflect the ethnic and racial diversity of

children for whom foster and adoptive homes are needed. Provided,

however, no person shall be denied the opportunity to become a

foster or adoptive parent on the basis of the race, color, or

national origin of the person, or of the child involved. No child

shall be delayed or denied placement into foster care or adoption on

the basis of the race, color, or national origin of the adoptive or

foster parent, or of the child involved.

B. Diligent efforts to recruit shall include, but shall not be

limited to, contracting and working with community organizations and

religious organizations, utilizing local media and other local

resources, conducting outreach activities, and increasing the number

of minority recruitment staff employed by the Department and the

child-placing agency.
Okla. Stat. tit. 10A, § 10A-2-7-310 — OK Code / Title 10A / Section 10A-2-7-310
Defining services and programs
Status: in_force

The Office of Juvenile Affairs shall carefully define its

services and programs as to their purpose, the population served,

the needs of the community if the facility, program or service is

community-based, and performance expectations. Planning for new

programs and services and major modifications to existing ones shall

be made only after evaluation of their effect on other existing

programs and services and communication and coordination with other

existing public and private children and youth service providers in

order to assure successful and cost-effective implementation of the

program. An evaluation component that includes monitoring and

evaluation of client outcomes shall be incorporated into all of the

programs and services of the Office of Juvenile Affairs to children

and youth, whether provided directly by the agency or through a

contract.

1. All programs and services shall be designed to ensure the

accessibility of the program to the persons served. Provision for

transportation, child care and similar services necessary in order

to assist persons to access the services shall be made. If the

service is provided in an office setting, the service shall be

available during the evening, if necessary. Services may be

provided in a school setting at the request of or with permission of

the school.

2. Programs and services shall be targeted to the areas of the

state having the greatest need for them. The programs and services

shall be designed to meet the needs of the area in which they are

located. Programs and services intended for statewide

implementation shall be implemented first in those areas that have

the greatest need for them.

3. Requests for proposals developed by the Office of Juvenile

Affairs shall be based upon documented service needs and identified

priorities. The request for proposals shall clearly identify the

program or service requirements, the population to be served, and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 419

performance expectations. The agency shall adopt clear, written

guidelines to ensure uniformity in the management, monitoring and

enforcement of contracts for services. If in-state private

providers are unable or unwilling to respond to the proposal, then

out-of-state providers should be encouraged to respond.
Okla. Stat. tit. 10A, § 10A-1-4-503 — OK Code / Title 10A / Section 10A-1-4-503
Conduct of hearings
Status: in_force

A. All cases initiated by the filing of a petition alleging

that a child is deprived shall be heard separately from the trial of

other cases against adults. The adjudicative hearings and hearings

for termination of parental rights shall be conducted according to

the rules of evidence. All other hearings and proceedings conducted

pursuant to the Oklahoma Children’s Code shall be informal and the

rules of evidence shall not apply.

1. a. Except as otherwise provided by this paragraph, all

deprived proceedings shall be private unless

specifically ordered by the judge to be conducted in

public, but persons having a direct interest in the

case shall be admitted, except as otherwise determined

by the court.

b. To the extent that deprived proceedings involve

discussion of confidential information from any child

abuse or neglect report and record, or any information

obtained from the Department of Human Services

concerning a child or family who is receiving Title

IV-B child welfare services, foster care or adoption

assistance pursuant to Title IV-E of the Social

Security Act (42 U.S.C. 678 et seq.), the

confidentiality requirements of those programs apply.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 98

Accordingly, such information shall not be discussed

in open court. To the extent that confidential

information is relevant to the proceedings, it must be

discussed in the court’s chambers or some other

restricted setting, and the pertinent sections of the

transcript shall be kept confidential.

2. Stenographic notes or other transcript of the hearings shall

be kept as in other cases, but they shall not be open to inspection

except by order of the court or as otherwise provided by law.

3. Uniform orders shall be used by the court in all deprived

proceedings. The forms shall be prescribed and published by the

Administrative Office of the Courts. The Supreme Court Juvenile

Justice Oversight and Advisory Committee, the District Attorneys

Council, and the Department shall assist in the development of the

orders. In addition to the findings and determinations required to

be made by the court pursuant to the Oklahoma Children’s Code, the

forms shall include a section which will require the court to

memorialize the recommendations of the parties and participants made

at the hearing as it relates to custody or placement of the child or

children.

4. If authorized by the court, any proceeding held pursuant to

the Oklahoma Children’s Code may be conducted via teleconference

communication; provided, that when a parent or child appears for a

proceeding via teleconference communication, the attorney

representing that parent or child shall personally appear at the

hearing. For purposes of this paragraph, “teleconference

communication” means participation in the hearing by interactive

telecommunication, including telephonic communication by the absent

party, those parties present in court, the attorneys and others

deemed to be necessary participants to the proceeding including, but

not limited to, foster parents and facility staff where a child may

be receiving care or treatment. This paragraph shall also apply to

proceedings brought pursuant to the Inpatient Mental Health and

Substance Abuse Treatment of Minors Act when the subject child is

alleged or has been adjudicated to be a deprived child.

B. A child shall not refuse to be a witness in a hearing to

determine whether or not the child is deprived. The testimony of

the child may be given as provided by this part or as otherwise

authorized by law for the protection of child witnesses.

C. A decision determining a child to be deprived must be based

on sworn testimony and the child must have the opportunity for

cross-examination unless the facts are stipulated.
Okla. Stat. tit. 10A, § 10A-1-4-701 — OK Code / Title 10A / Section 10A-1-4-701
Reimbursements and costs by parents able to pay
Status: in_force

A. Upon notice to the parent or other person legally obligated

to support the child and upon an opportunity to be heard and a

finding of financial ability to pay, the court may order the parent

or other person to:

1. Reimburse the Department of Human Services, in whole or in

part, for any costs and expenses incurred by the Department in

providing any services or authorizing actions taken pursuant to the

Oklahoma Children's Code for the child including, but not limited

to, all or some part of placement services, medical care and mental

health services of a child, as authorized by law;

2. Reimburse any law enforcement agency, in whole or in part,

for any costs or expenses incurred by the law enforcement agency for

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 106

protective custody services or other authorized actions taken

pursuant to the Oklahoma Children's Code; and

3. Reimburse the court fund, in whole or in part, for any

disbursements made from the court fund in conjunction with the case,

including, but not limited to, court-appointed attorney fees, expert

witness fees, sheriff's fees, witness fees, transcripts and postage.

B. The court may order the terms and conditions of the payment

of costs and expenses described in subsection A of this section.

When any parent is financially able but has willfully failed to pay

the costs and reimbursements as ordered by the court pursuant to

this section, the parent may be held in indirect contempt of court

and, upon conviction, shall be punished pursuant to Section 566 of

Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 10A, § 10A-2-2-401.4 — OK Code / Title 10A / Section 10A-2-2-401.4
Credentialed forensic evaluators - Exceptions
Status: in_force

A. An evaluation ordered by the court shall be conducted by a

credentialed forensic evaluator.

1. A credentialed forensic evaluator shall demonstrate

education or training in the following areas as necessary for the

focus of the evaluation ordered by the court:

a. forensic evaluation procedures for juveniles,

including accepted criteria used in evaluating

competency,

b. evaluation, diagnosis, and treatment of children and

adolescents with developmental disability,

developmental immaturity, intellectual disability, or

mental illness,

c. clinical understanding of child and adolescent

development, and

d. familiarity with competency standards in this state.

2. The Oklahoma Commission on Children and Youth shall

establish procedures for ensuring the training and qualifications of

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 294

individuals approved to conduct juvenile competency evaluations.

The Commission shall provide a list of credentialed forensic

evaluators to the Administrative Office of the Courts.

B. A court may appoint as evaluator a psychologist,

psychiatrist, or other physician who does not meet the requirements

of subsection A of this section only if exigent circumstances

require the evaluator to have specialized expertise to examine the

child that would not ordinarily be possessed by a psychologist,

psychiatrist, or other physician who meets the requirements of a

credentialed forensic evaluator.
Okla. Stat. tit. 10A, § 10A-1-8-114 — OK Code / Title 10A / Section 10A-1-8-114
Sexual orientation or gender identity beliefs of
Status: in_force

adoptive or foster parents — Actions prohibited.

A. The Department of Human Services shall not:

1. Require any current or prospective adoptive or foster parent

to affirm, accept, or support any government policy regarding sexual

orientation or gender identity that conflicts with the parent’s

sincerely held religious or moral beliefs as a condition for

eligibility to adopt or foster;

2. Deny a current or prospective adoptive or foster parent any

authorization necessary to be eligible to adopt or foster based, in

whole or in part, upon the parent’s sincerely held religious or

moral beliefs, or intent to guide, instruct, or raise a child

consistent with those beliefs, regarding sexual orientation or

gender identity; or

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 215

3. Establish or enforce any standard, rule, or policy that

precludes consideration of a current or prospective adoptive or

foster parent for any particular placement based, in whole or in

part, upon the parent’s sincerely held religious or moral beliefs

regarding sexual orientation or gender identity.

B. Nothing in this section shall:

1. Preclude the Department from taking into account the

religious or moral beliefs of a particular adoptive or foster child,

or his or her family of origin including, but not limited to, the

child’s or family’s views regarding sexual orientation and gender

identity, considered in relation to the religious or moral beliefs

of a prospective adoptive or foster parent when determining which

placement is in the best interest of the child; or

2. Be construed to prohibit or relieve the Department of its

duty to make each placement consistent with the best interests of

the child as otherwise required by law.
Okla. Stat. tit. 10, § 10-7307-1.6 — OK Code / Title 10 / Section 10-7307-1.6
Renumbered as § 2-6-107 of Title 10A by Laws 2009, c
Status: in_force

234, § 190, emerg. eff. May 21, 2009.Oklahoma Statutes - Title 10. Children Page 22
Okla. Stat. tit. 10, § 10-7800 — OK Code / Title 10 / Section 10-7800
Custody of a child born out of wedlock
Status: in_force

Except as otherwise provided by law, the mother of a child born

out of wedlock has custody of the child until determined otherwise

by a court of competent jurisdiction.
Okla. Stat. tit. 10, § 10-7506-1.2 — OK Code / Title 10 / Section 10-7506-1.2
Revocation of notice of intent to claim paternity -
Status: in_force

Removal of registrant's name from registry.

A. A putative father may revoke a notice of intent to claim

paternity at any time by submitting a signed, notarized statement

revoking the notice of intent to claim paternity.

B. If a court determines that the registrant is not the father

of the child, the court shall order that the Department remove the

registrant's name from the registry. On receipt of an order

providing for the removal of the registrant's name, the Department

shall remove the name from the registry.
Okla. Stat. tit. 10, § 10-1609 — OK Code / Title 10 / Section 10-1609
Renumbered as § 509 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-7510-1.2 — OK Code / Title 10 / Section 10-7510-1.2
Definitions
Status: in_force

As used in the Oklahoma Adoption Assistance Act:

1. “Child” means any person who has not attained the age of

eighteen (18) years who is in the court-ordered custody of the

Department of Human Services or a federally recognized Indian tribe,

as defined by the federal Indian Child Welfare Act and the Oklahoma

Indian Child Welfare Act; and

2. “Department” means the Oklahoma Department of Human

Services.
Okla. Stat. tit. 10, § 10-1104.2 — OK Code / Title 10 / Section 10-1104.2
Renumbered as § 7306-1.1 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-1116.2v2 — OK Code / Title 10 / Section 10-1116.2v2
Postadjudication review boards
Status: in_force

A. There is hereby established a postadjudication review board

in each judicial district in the state. Members and alternate

members of the postadjudication review boards shall be residents of

or employed within the judicial district in which the board serves

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

Children and Youth after consultation with judges in the judicial

district having juvenile docket responsibility. In the event of a

conflict of interest or for any reason when circumstances dictate,

the Director may transfer the appointment decision to the Commission

whose decision shall be final. An aggrieved candidate may appeal a

decision of the Director denying appointment within five (5) days to

the Commission, whose decision shall be final. The Commission may

establish additional postadjudication review boards as needed for

each county within a judicial district.

Oklahoma Statutes - Title 10. Children Page 188

B. A postadjudication review board for each judicial district

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

members may be appointed to serve in the absence of a regularly

appointed board member. Alternate board members shall be appointed

in the same manner as regularly appointed board members.

C. Board members shall be appointed for a term of five (5)

years. Members shall serve after the expiration of their terms

until their respective successors shall have been appointed.

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

review board members shall be appointed as follows:

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

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

an interest in children through voluntary community service or

professional activities;

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

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

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

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

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

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

provided such person shall not participate in any review hearing in

which the person is professionally involved.

D. Each review board shall annually elect a chair and shall

provide the Commission with the contact information of the chair. A

list of the members of each local board and its officers shall be

filed with the Presiding Judge of the judicial district and each

judge within the district having juvenile docket responsibility.

E. There shall be a rebuttable presumption that a person

participating in a judicial proceeding as a postadjudication review

board member, a member of the State Postadjudication Review Advisory

Board created in Section 1116.6 of this title, or postadjudication

review board staff is acting in good faith. When acting in good

faith, a participant shall be immune from any civil liability that

might otherwise be incurred or imposed. Each review board shall

meet as often as is necessary at a place it designates to carry out

the duties of the board established by Section 1116.3 of this title.

The review board shall meet at least twice annually. Each review

board shall be subject to the provisions of the Oklahoma Open

Meeting Act, except that the actual case reviews shall be held in

executive session. Upon request, members or prospective members of

other review boards, students or researchers may observe, but not

participate in, board meetings subject to conditions imposed by the

board. Further, members and staff of the State Postadjudication

Review Advisory Board who are exercising their oversight

responsibilities pursuant to state law may observe, but not

participate in, board meetings. All parties shall maintain

confidentiality, and the names of the children in placement shall

Oklahoma Statutes - Title 10. Children Page 189

not be published. Temporary ad hoc review boards may be created in

counties in which there is no active review board. The Director of

the Oklahoma Commission on Children and Youth may appoint active or

alternate members of existing review boards to serve as members of

local boards that are unable to meet quorum requirements and to

temporarily constitute members of a new board where no current board

exists. A member appointed to temporary service shall be fully

qualified as provided by law, and such service shall terminate when

the basis for the appointment is remedied or upon the order of the

Director.

F. As a condition of service, members and alternates of a

postadjudication review board shall attend the next available

orientation program after appointment to the board. Failure to

attend an orientation program, at the discretion of the Commission,

may result in the removal of the board member. Members shall

receive additional training as required by the Commission.

G. Members of postadjudication review boards shall serve

without compensation, but shall be reimbursed for travel and

training expenses from monies appropriated by the Legislature for

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

The Commission shall provide members of postadjudication review

boards with necessary operating supplies or members shall be

reimbursed for these expenses.

H. The Commission on Children and Youth shall be responsible

for developing procedures for the removal of a member from a

postadjudication review board. The grounds for removal shall

include but not be limited to:

1. Failure to attend board meetings as required by the

Commission;

2. Engaging in illegal conduct involving moral turpitude;

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

misrepresentation; or

4. Wrongful disclosure of information as provided by Section

1116.4 of this title.

I. Necessary staff assistance required by the postadjudication

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

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

responsibility in the judicial district. Upon the request of the

presiding judge, the Chief Justice of the Supreme Court may

authorize additional staff to be paid from local court funds to

assist the review board.

The Administrative Director of the Courts may include such

additional funding requests in the annual budget for the courts as

are necessary to provide staff and administrative support for the

review boards.
Okla. Stat. tit. 10A, § 10A-2-2-504 — OK Code / Title 10A / Section 10A-2-2-504
Periodic review of disposition orders
Status: in_force

A. 1. Every disposition order regarding a child adjudicated to

be delinquent or in need of supervision shall be reviewed by the

court at least once every six (6) months until such time as the

conditions which caused the child to be adjudicated have been

corrected or the parental rights of the parent or parents are

terminated pursuant to the Oklahoma Children's Code.

2. A dispositional order removing a child from the custody of

the parents of the child shall be reviewed at a hearing by the court

at least once every six (6) months until such time as the child is

returned to the custody of the parents of the child. No later than

twelve (12) months after placing a child in out-of-home care and

every twelve (12) months thereafter, the court making the original

order of adjudication shall conduct a permanency hearing to

determine whether or not reasonable efforts have been made to

finalize one of the following permanent placement plans:

a. the child should be returned to the parents of the

child or other family member,

b. the child should be continued in out-of-home care for

a specified period,

c. the rights of the parents of the child should be

terminated and the child placed for adoption or legal

guardianship pursuant to the Oklahoma Children's Code,

or

d. the child, because of exceptional circumstances,

should remain in out-of-home care on a long-term basis

as a permanent plan or with a goal of independent

living.

3. The provisions of this section also shall apply to a child

who has been removed from the home of the lawful parent or parents

of the child after the child has been returned to that home until

such time as the court orders the case closed.

4. If authorized by the court, review hearings held pursuant to

this section may be conducted via teleconference communication;

provided, the attorney representing the child shall be present at

the hearing. For purposes of this paragraph, “teleconference

communication” means participation by the child and facility staff

in the hearing by interactive telecommunication among the necessary

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 316

participants, the court and the child. The permanency hearing

provided for in this section shall not be conducted via

teleconference communication.

B. 1. The agency having supervision of the case or, if the

child has been removed from the custody of its parents, the legal

custodian of such child shall cause to be prepared for each review

hearing required herein a written report concerning each child who

is the subject of such review.

2. The report shall include, but not be limited to, a summary

of the physical, mental, and emotional condition of the child, the

conditions existing in the home or institution where the child has

been placed, and the adjustment of the child thereto, a report on

the progress of the child in school and, if the child has been

placed outside the home of the child, the visitation exercised by

the parents of such child or other persons authorized by the court,

and services being provided to a child sixteen (16) years of age or

older to assist in the transition from out-of-home care or other

community placement to independent living.

3. If the Office of Juvenile Affairs is the legal custodian of

the child, the report also shall include any efforts on the part of

the parent or parents to correct the conditions which caused the

child to be adjudicated. The report shall specifically recommend,

giving reasons therefor, whether or not the parental rights of the

parent or parents of the child should be terminated and the child

placed for adoption, whether or not the child should remain in the

home or if placed outside the home of the lawful parents of the

child, whether or not the child should remain outside the home or be

returned to the home from which the child was removed.

C. At each such review hearing, the court shall specifically

inquire as to the nature and extent of services being provided the

child and parent or parents of the child and shall direct additional

services be provided if necessary to protect the child from further

physical, mental, or emotional harm or to correct the conditions

that led to the adjudication.

In any review order, the court shall further make a

determination:

1. As to whether reasonable efforts have been made to provide

for the return of the child to the home of the child. If reasonable

efforts have failed or are not feasible, the court shall make a

finding that the efforts to reunite the family have failed, or are

not feasible, and reasonable efforts are being made to secure an

alternate permanent placement for the child; and

2. Where appropriate, when the child is age sixteen (16) or

older, that services are being provided that will assist the child

in making the transition from out-of-home care to independent

living.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 317

D. The attorney representing a child whose case is being

reviewed may submit a report to the court for presentation at the

review hearing to assist the court in reviewing the placement or

status of the child. The legal custodian shall not deny to a child

the right of access to counsel and shall facilitate such access.

E. The Office of Juvenile Affairs shall notify the court having

jurisdiction, the appropriate review board and the appropriate

district attorney whenever the placement of a child in the custody

of the Office is changed and shall inform said court and attorney

regarding the location of the child unless placement modification

results from an emergency situation, in which case the notification

required by this subsection shall be within one (1) business day

after the change of placement. As used in this subsection,

"emergency situation" means a placement change requested by a person

having actual custody of a child, if the request is made at a time

when the business offices of the parties to be notified are closed,

or a placement for emergency medical treatment.

F. The Office of Juvenile Affairs shall provide the foster

parent of a child and any preadoptive parent or relative providing

care for the child with timely notice of and an opportunity to be

heard in six-month review hearings and twelve-month permanency

hearings held with respect to the child during the time the child is

in foster care of such foster parent, preadoptive parent or relative

caregiver. Notice of hearings and an opportunity to be heard does

not include the right to standing as a party to the case.
Okla. Stat. tit. 10, § 10-7700-634 — OK Code / Title 10 / Section 10-7700-634
Order on default
Status: in_force

The court shall issue an order adjudicating the paternity of a

man who:

1. After service of process, is in default; and

2. Is found by the court to be the father of a child.
Okla. Stat. tit. 10, § 10-1160.4 — OK Code / Title 10 / Section 10-1160.4
Renumbered as § 7302-9.4 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10, § 10-1411.1 — OK Code / Title 10 / Section 10-1411.1
Developmental Disabilities Services Division - Periodic
Status: in_force

reports.

A. Beginning January 1, 1999, and on January 1 each year

thereafter, the Department of Human Services shall submit to the

Governor and the Legislature an annual report of the administrative

activities of the Developmental Disabilities Services Division. The

report shall include a clear and complete description of the

administrative procedures utilized by the Developmental Disabilities

Services Division including, but not limited to:

1. Accounting and budgeting practices;

2. Client statistical data gathering and management;

3. Data processing procedures;

4. Development and maintenance of program service plans;

5. Provide contracting and evaluation procedures;

6. Incorporation of advisory committee assessment

recommendations; and

7. Any other area of activity that is not related to direct

delivery of services to applicants and clients.

B. The report shall also include, but not be limited to,

previous year performance data on:

1. The number of clients:

a. who applied for service,

b. accepted for service,

c. for whom plans for service were approved or denied,

d. receiving services by classification of service

objective, and

e. who were provided a type of service that differed from

the objective contained in the client's service plan;

2. The cost of services;

3. The total cost for clients who received services;

4. The average cost and percentile cost distribution of

purchased services for all clients served; and

5. a. The average cost for all clients who received:

(1) at least eight hours of care,

(2) between eight and sixteen hours of care, and

(3) between sixteen and twenty-four hours of care.

Oklahoma Statutes - Title 10. Children Page 213

b. In determining such averages, the Department shall

include, but not be limited to, the following costs:

(1) laboratory and x-ray services,

(2) dental services,

(3) occupational therapy,

(4) speech therapy,

(5) physical therapy,

(6) doctor services,

(7) nursing services,

(8) hospitalization,

(9) optometry services,

(10) housing services,

(11) utilities,

(12) food,

(13) transportation,

(14) clothing, and

(15) administrative costs of providing such services.

C. Beginning January 1, 1999, and on or before January 1 each

year thereafter, the Department shall prepare a report outlining the

Department's two-year plan for providing individualized services to

clients with developmental disabilities. The report shall include

any new federal mandates and an estimate of any costs associated

with such mandates, and recommendations for any needed statutory or

constitutional changes. The Commission for Human Services shall

review, amend if necessary and approve the report. The Department

shall transmit the approved report to the Governor, the President

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

Representatives.
Okla. Stat. tit. 10, § 10-7307-1.1 — OK Code / Title 10 / Section 10-7307-1.1
Renumbered as § 2-6-101 of Title 10A by Laws 2009, c
Status: in_force

234, § 190, emerg. eff. May 21, 2009.
Okla. Stat. tit. 10, § 10-7502-1.3 — OK Code / Title 10 / Section 10-7502-1.3
Laws governing
Status: in_force

A. Except as otherwise provided by this section, a proceeding

to terminate parental rights pursuant to Article 5 of the Oklahoma

Adoption Code or an adoption in this state of a minor born in this

state or brought into this state from another state by a prospective

adoptive parent, or by a person who places the minor for adoption in

this state, is governed by the laws of this state, including but not

limited to, the Oklahoma Adoption Code and the Interstate Compact on

the Placement of Children.

B. A permanent relinquishment of a child for adoption or a

consent to adoption, including, but not limited to, an extrajudicial

consent signed by a putative father, will be recognized as valid and

given effect in all proceedings brought pursuant to the Oklahoma

Adoption Code in the courts of this state, if the permanent

relinquishment or consent was executed:

1. Before an appropriate official and in the manner prescribed

by the Oklahoma Adoption Code; or

Oklahoma Statutes - Title 10. Children Page 301

2. Except as otherwise provided in subsection I of Section

7503-2.3 and subsection H of Section 7503-2.4 of this title, before

an appropriate official and in the manner prescribed by the law of

the state or country in which the permanent relinquishment or

consent was executed.

C. The laws of this state shall govern when and under which

circumstances a permanent relinquishment of a child for adoption or

a consent to adoption, including, but not limited to, an

extrajudicial consent signed by a putative father, may be revoked or

set aside, if:

1. The permanent relinquishment or consent was executed in this

state; or

2. The permanent relinquishment or consent was executed outside

of this state before an appropriate official and in a manner in

compliance with all of the requirements of the Oklahoma Adoption

Code.

D. If a permanent relinquishment for adoption or consent to

adoption, including, but not limited to, an extrajudicial consent

signed by a putative father, is executed outside of this state

before an official or in a manner that is not in compliance with all

of the requirements of the Oklahoma Adoption Code, the law of the

state in which the permanent relinquishment or consent was executed

shall govern the circumstances under which the relinquishment or

consent may be revoked or set aside.
Okla. Stat. tit. 10, § 10-609 — OK Code / Title 10 / Section 10-609
Renumbered as § 7302-3.6 of this title by Laws 1995, c
Status: in_force

352, § 199, eff. July 1, 1995.
Okla. Stat. tit. 10A, § 10A-2-4-102 — OK Code / Title 10A / Section 10A-2-4-102
Director and other personnel
Status: in_force

The chief administrative officer of the juvenile bureau shall be

a director, who shall be subject to the direction and supervision of

the judge of the Juvenile Division, subject to the general

administrative authority of the Presiding Judge of the Judicial

Administrative District within budgetary limitations. There shall

be sufficient counselors, clerks and assistant clerks to properly

conduct the work of the bureau. The director shall be a person over

the age of thirty (30) years, of good character, qualified in social

work, and familiar with the problems of juvenile delinquency and

dependency. The director shall be appointed by the judge of the

Juvenile Division, subject to the general administrative authority

of the Presiding Judge of the Judicial Administrative District, from

a list of eligible persons established by the citizens' advisory

committee at the request of the Presiding Judge of the Judicial

Administrative District. Counselors and other persons may be

employed by the director with the approval of the judge of the

Juvenile Division, subject to the general administrative authority

of the Presiding Judge of the Judicial Administrative District. The

director may be removed by the judge of the Juvenile Division,

subject to the general administrative authority of the Presiding

Judge of the Judicial Administrative District at any time. The

counselors and other employees may be removed by the director.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 346
Okla. Stat. tit. 10, § 10-90.4 — OK Code / Title 10 / Section 10-90.4
Children born out of wedlock - Change of name
Status: in_force

A. At any time after a determination of paternity, the mother,

father, custodian or guardian of the child may file a motion

requesting the court to order that the surname of the child be

changed to the surname of its father. The court shall thereafter

set a hearing on said motion. Notice of the filing of the motion

and the date of the hearing shall be served by process on all

parties.

B. If, after said hearing, the judge finds that it is in the

best interest of the child to bear the paternal surname, the court

shall enter an order to that effect which shall include findings of

fact as to each issue raised by the parties.

C. The practice, pleading, and proceedings as set forth in this

section shall conform to the applicable rules prescribed by the Code

of Civil Procedure.
Okla. Stat. tit. 10A, § 10A-1-4-801 — OK Code / Title 10A / Section 10A-1-4-801
Stay pending review of release order
Status: in_force

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 136

A. At any hearing including, but not limited to, hearings

conducted pursuant to Section 1-8-103 of Title 10A of the Oklahoma

Statutes, where it is determined that a child in state custody will

be released from state custody, the district attorney or the

attorney for the child may give verbal notice to the court of an

objection to the order of the court and an intention to seek review

of that order based on the grounds that the order of the court

releasing the child from state custody creates a serious risk of

danger to the health or safety of the child.

B. Upon giving such notice, the court issuing the custody order

in question shall stay the custody order pending the filing of an

application and completion of review as provided in this section.

The district attorney or attorney for the child shall file with the

presiding judge of the administrative judicial district a written

application for review within three (3) judicial days from the

custody order. If a written application for review is not filed

within such time period, or if a written notice to the trial court

withdrawing the objection is filed within that time period, the

objection will be deemed abandoned and the stay shall expire.

C. Each application for review shall be assigned by the

presiding judge of the administrative judicial district to a judge

within that administrative judicial district with juvenile docket

responsibilities. The review shall be completed within five (5)

judicial days of the filing of the written application for review.

The review conducted by the reviewing judge shall address the

question of whether releasing the child from state custody creates a

serious risk of danger to the health or safety of the child. The

reviewing court shall review the record of the hearing and any other

evidence deemed relevant by the reviewing court. At the conclusion

of the review, the reviewing court shall issue its findings of fact

and conclusions of law and report them to the court issuing the

custody order under review.

D. A finding by the reviewing court that the order releasing

the child from state custody creates a serious risk of danger to the

health or safety of the child shall be controlling and the court

issuing the order under review shall proceed to enter a different

custody order. If the reviewing court finds that the order under

review does not create a serious risk of danger to the health or

safety of the child and that the order is otherwise appropriate then

the court issuing the order under review shall release the stay and

the order shall be subject to appeal as provided in Section 1-5-101

of Title 10A of the Oklahoma Statutes. The failure of any court to

issue the stay mandated by this section shall be subject to

immediate mandamus to an appropriate court.
Okla. Stat. tit. 10A, § 10A-1-4-302 — OK Code / Title 10A / Section 10A-1-4-302
Amendment of petition – Postadjudication petition
Status: in_force

A. No pleading subsequent to the petition alleging a child to

be deprived is required, and the filing of any motion or pleading

shall not delay the holding of the adjudicatory hearing.

B. The court shall liberally allow the petition to be amended

at any time to add, modify, or supplement factual allegations that

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 88

form the basis for the cause of action up until seven (7) days prior

to the adjudicatory hearing. The court may grant leave to amend the

petition upon a showing of good cause after that date and prior to

the adjudicatory hearing. The court may allow amendment of the

petition to conform with the evidence at any time prior to the

adjudicatory ruling of the court. In all cases in which the court

has granted leave to amend based on new evidence or new allegations,

the court shall permit the respondent a reasonable and adequate

opportunity to prepare as may be required to insure a full and fair

hearing. The court shall not amend the adjudicatory category prayed

for in the petition.

C. In any case in which the allegations contained within the

original petition have been sustained and a child is found to be a

deprived child, if the state subsequently alleges new facts, or

different conditions are discovered to be sufficient, if sustained,

to support a finding that the child is a deprived child, then the

state may file a subsequent petition entitled "Postadjudication

Petition". This section shall not apply if the jurisdiction of the

juvenile court has been terminated prior to the new allegations.

D. All procedures and hearings required for an original

petition are applicable to a postadjudication petition filed under

this section. The postadjudication petition shall be filed in the

same case as the original petition.
Okla. Stat. tit. 10A, § 10A-2-2-401.1 — OK Code / Title 10A / Section 10A-2-2-401.1
Definitions
Status: in_force

As used in Sections 2-2-401.1 through 2-2-401.7 of this title:

1. "Competent" and "competency" refer to a child's ability to

understand the nature and objectives of a proceeding against the

child or to assist in the child's defense. A child is incompetent

if, due to developmental disability, developmental immaturity,

intellectual disability, or mental illness, the child is presently

incapable of understanding the nature and objective of proceedings

against the child or of assisting in the child's defense;

2. "Credentialed forensic evaluator" means a licensed

psychologist, psychiatrist or other physician with necessary

education, training, and experience to perform juvenile competency

evaluations, and who has been approved to render such opinions for

the court;

3. "Developmental disability" means a severe and chronic

disability that is attributable to a mental or physical impairment.

Such disabilities include, but are not limited to, cerebral palsy,

epilepsy, autism, or other neurological conditions that lead to

impairment of general intellectual functioning or adaptive behavior;

4. "Developmental immaturity" means a condition based on a

juvenile's chronological age and significant lack of developmental

skills when the juvenile has no significant mental illness or

intellectual disability;

5. "Intellectual disability" means a disability characterized

by significant limitations both in intellectual functioning and in

adaptive behavior as expressed in conceptual, social and practical

adaptive skills;

6. "Mental illness" has the same meaning as in paragraph 11 of

Section 5-502 of Title 43A of the Oklahoma Statutes; and

7. "Proceeding" means any delinquency or youthful offender

proceeding under the Oklahoma Juvenile Code.
Okla. Stat. tit. 10, § 10-1614 — OK Code / Title 10 / Section 10-1614
Renumbered as § 514 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.
Okla. Stat. tit. 10, § 10-1606 — OK Code / Title 10 / Section 10-1606
Renumbered as § 506 of Title 43 by Laws 1990, c. 188, §
Status: in_force

1, eff. Sept. 1, 1990.