reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-305. Failure to appear without reasonable cause - Consent to adjudication - Contempt - Warrants.

A. Failure of a person summoned as provided in this part to respond or appear without reasonable cause constitutes the person's consent to an adjudication of the child to be deprived.
B. If any person summoned as provided in this part fails to respond or appear without reasonable cause, such person may be held in contempt of court.
C. In case the summons cannot be served, or the parties served fail to obey the same, or in any case when it shall be made to appear to the judge that the service will be ineffectual, that the health, safety, or welfare of the child requires that the child should be brought into the custody of the court, a warrant may be issued against the parent, legal guardian, custodian of the child, or the child.
Added by Laws 1968, c. 282, § 106, eff. Jan. 13, 1969. Amended by Laws 1995, c. 352, § 20, eff. July 1, 1995. Renumbered from § 1106 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1996, c. 353, § 18, eff. Nov. 1, 1996; Laws 1998, c. 421, § 11, emerg. eff. June 11, 1998; Laws 2009, c. 233, § 25, emerg. eff. May 21, 2009. Renumbered from § 7003-3.6 of Title 10 by Laws 2009, c. 233, § 233, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-401. Discovery and court rules concerning juvenile proceedings – Exchange of information – Protective order.

A. The provisions of the Oklahoma Discovery Code and the Rules for District Courts of Oklahoma do not apply to juvenile proceedings except as provided by this section.
B. The court may order the parties to exchange information that is not work product and not privileged, including:
1. The assessment and investigation records of the Department of Human Services; provided, all information that identifies the reporter of alleged child abuse or neglect shall be redacted;
2. Law enforcement reports;
3. Any video or audio recording of an interview with the child alleged to be deprived;
4. Any exhibit any party intends to introduce at trial; and
5. The names of any witnesses any party may call and a synopsis of the expected testimony.
C. The court may in its discretion enter a scheduling order, order mediation, and conduct status and settlement conferences as needed during deprived proceedings.
D. All information produced, exchanged, or used during the pendency of the deprived action is confidential and shall be subject to a protective order. The disclosure or use of the information for any other purpose is prohibited except as permitted by law.
Added by Laws 2009, c. 233, § 117, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-501. District attorney to act as petitioner.

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.
Added by Laws 1995, c. 352, § 43, eff. July 1, 1995. Amended by Laws 1998, c. 421, § 26, emerg. eff. June 11, 1998; Laws 2009, c. 233, § 55, emerg. eff. May 21, 2009. Renumbered from § 7003-8.4 of Title 10 by Laws 2009, c. 233, § 235, emerg. eff. May 21, 2009. Amended by Laws 2019, c. 188, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-502. Jury trial.

A. A parent entitled to service of summons, the state or a child shall have the right to demand a trial by jury on the sole issue of termination of parental rights only in the following circumstances:
1. When the initial petition to determine if a child is deprived also contains a request for termination of parental rights in which case the court shall determine if the child should be adjudicated deprived and, if so, the jury shall determine if parental rights should be terminated; or
2. When, following a hearing in which the child is adjudicated deprived, a request for termination of parental rights is filed by the state or the child.
B. The demand for a jury trial shall be granted unless waived, or the court on its own motion may call a jury to try any termination of parental rights case. Upon a demand for a trial by jury, the court shall issue a scheduling order within thirty (30) days. A jury trial shall commence within (6) months of the issuance of the scheduling order unless the court issues a written order with findings of fact supporting a determination that there exists an exceptional circumstance to support the delay or that the parties and the guardian ad litem, if any, agree to such continuance. The jury shall consist of six (6) persons. A party who requests a jury trial and fails to appear in person for such trial, after proper notice and without good cause, may be deemed by the court to have waived the right to such jury trial, and the termination of parental rights shall be by nonjury trial unless another party demands a jury trial or the court determines on its own motion to try the case to a jury.
Added by Laws 1968, c. 282, § 110, eff. Jan. 13, 1969. Amended by Laws 1977, c. 259, § 11, eff. Oct. 1, 1977; Laws 1986, c. 179, § 1, eff. Nov. 1, 1986; Laws 1992, c. 298, § 23, eff. July 1, 1993; Laws 1995, c. 352, § 22, eff. July 1, 1995. Renumbered from § 1110 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 2002, c. 473, § 1, eff. Nov. 1, 2002. Renumbered from § 7003-3.8 of Title 10 by Laws 2009, c. 233, § 236, emerg. eff. May 21, 2009. Amended by Laws 2010, c. 278, § 5, eff. Nov. 1, 2010; Laws 2011, c. 1, § 4, emerg. eff. March 18, 2011; Laws 2016, c. 243, § 1, eff. Nov. 1, 2016; Laws 2023, c. 363, § 1, eff. July 1, 2023.
NOTE: Laws 2010, c. 398, § 1 repealed by Laws 2011, c. 1, § 5, emerg. eff. March 18, 2011.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-504. Alternative dispute resolution.

A. At any stage of the proceedings, the court may order, or the parties may voluntarily participate in an alternative dispute resolution process which may include:
1. Family group conferencing;
2. Mediation; or
3. A settlement conference.
B. If a court orders an alternative dispute resolution process, a party who does not wish to participate may file a motion objecting to the order. Any resolution agreed to by the parties through an alternative dispute resolution process shall not be binding on the court.
Added by Laws 2009, c. 233, § 118, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-507. Admissibility of evidence.

In any proceeding resulting from a report made pursuant to Section 1-2-101 of this title or in any proceeding where such a report or any contents of the report are sought to be introduced into evidence, such report, contents, or other fact related thereto or to the condition of the child or victim who is the subject of the report shall not be excluded on the ground that the matter is or may be the subject of a physician-patient privilege or similar privilege or rule against disclosure.
Added by Laws 1965, c. 43, § 4, emerg. eff. March 18, 1965. Amended by Laws 1984, c. 85, § 3, eff. Nov. 1, 1984; Laws 1995, c. 353, § 13, eff. Nov. 1, 1995. Renumbered from § 848 of Title 21 by Laws 1995, c. 353, § 20, eff. Nov. 1, 1995. Amended by Laws 2009, c. 233, § 91, emerg. eff. May 21, 2009. Renumbered from § 7113 of Title 10 by Laws 2009, c. 233, § 240, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-508. Immunity for testimony – Records – Statements during evaluation or treatment.

A. At any stage of a proceeding under the Oklahoma Children’s Code:
1. The parent or legal guardian, the child’s attorney, or the district attorney’s office may apply for use immunity for a parent or legal guardian for in-court testimony. The in-court testimony of an immunized parent or legal guardian shall not be used against that parent or legal guardian in a criminal prosecution; provided, however, that the parent or legal guardian may be prosecuted for perjury that occurs during the testimony of the parent or legal guardian in a deprived proceeding;
2. The child’s attorney or the district attorney’s office may apply for use immunity for any records, documents, or other physical objects produced by the immunized parent or legal guardian in the deprived proceeding, the production of which was compelled by a court order; or
3. The child’s attorney or the district attorney’s office may apply for use immunity for a parent or legal guardian for any statement that a parent or legal guardian makes in the course of a court-ordered psychological evaluation or treatment program to the professional designated by the Department of Human Services or authorized by the court in furtherance of the court’s order. Such immunity shall attach only to those statements made during the course of the actual evaluation or treatment and specifically does not attach to statements made to Department employees, agents, or other representatives in the course of the investigation of alleged child abuse, neglect, or abandonment.
B. Any other information available to the professional designated by the Department or authorized by the court to perform the court-ordered evaluation or treatment shall not be the subject of any application or order for immunity.
Added by Laws 2009, c. 233, § 119, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-601. Adjudication hearing.

A. The court shall hold an adjudication hearing following the filing of a petition alleging that a child is deprived. The hearing shall be held not more than ninety (90) calendar days following the filing of the petition. The child and the child’s parents, guardian, or other legal custodian shall be entitled to not less than twenty (20) days’ prior notice of the hearing.
B. 1. The child shall be released from emergency custody in the event the adjudication hearing is delayed beyond ninety (90) days from the date the petition is filed unless the court issues a written order with findings of fact supporting a determination that:
a.
there exists reasonable suspicion that the health, safety, or welfare of the child would be in imminent danger if the child were returned to the home, and
b.
there exists either an exceptional circumstance to support the continuance of the child in emergency custody or the parties and the guardian ad litem, if any, agree to such continuance.
2. If the adjudicatory hearing is delayed pursuant to this subsection, the emergency custody order shall expire unless the hearing on the merits of the petition is held within one hundred eighty (180) days after the actual removal of the child.
C. The release of a child from emergency custody due to the failure of an adjudication hearing being held within the time frame prescribed by this section shall not deprive the court of jurisdiction over the child and the parties or authority to enter temporary orders the court deems necessary to provide for the health, safety, and welfare of the child pending the hearing on the petition.
D. At the adjudication hearing, if the court finds that it is in the best interest of the child, the court shall:
1. Accept a stipulation by the child’s parent, guardian, or other legal custodian that the facts alleged in the petition are true and correct;
2. Accept a stipulation by the child’s parent, guardian, or other legal custodian that if the state presented its evidence supporting the truth of the factual allegations in the petition to a court of competent jurisdiction, such evidence would be sufficient to meet the state’s burden of proving by a preponderance of the evidence that the factual allegations are true and correct; or
3. Conduct a nonjury trial to determine whether the state has met its burden of proving by a preponderance of the evidence that the factual allegations in the petition are true and correct.
E. 1. A decision determining a child to be deprived in a nonjury trial shall be based on sworn testimony.
2. The child, as a party to the proceeding, shall be given the opportunity to cross-examine witnesses and to present a case in chief if desired.
Added by Laws 2009, c. 233, § 120, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-602. Allegations of petition not supported by evidence.

If the court finds that the factual allegations of the petition are not supported by a preponderance of the evidence, the court shall order the petition dismissed and shall order the child discharged from any custody. The child's parents, guardian or other legal custodian shall also be discharged from any restriction or other previous temporary order.
Added by Laws 1968, c. 282, § 113, eff. Jan. 13, 1969. Amended by Laws 1995, c. 352, § 26, eff. July 1, 1995. Renumbered from § 1113 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 2009, c. 233, § 30, emerg. eff. May 21, 2009. Renumbered from § 7003-4.4 of Title 10 by Laws 2009, c. 233, § 241, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-603. Order of adjudication finding child to be deprived.

A. If the court finds that:
1. The factual allegations in a petition filed by the state alleging that a child is deprived are supported by a preponderance of the evidence;
2. Such allegations are sufficient to support a finding that the child is deprived; and
3. It is in the best interests of the child that the child be declared to be a deprived child and made a ward of the court,
then the court shall sustain the petition, and shall make an order of adjudication finding the child to be deprived and shall adjudge the child as a ward of the court.
B. The order of adjudication shall include a statement that advises the parent that failure to appear at any subsequent hearing or comply with any requirements of the court may result in the termination of parental rights to the child.
C. When a child has been adjudicated deprived, the court shall enter a dispositional order pursuant to the provisions of Section 1-4-707 of this title.
D. When a child has been adjudicated deprived, the parent or other legal custodian shall register with the court clerk within two (2) days of the adjudication and provide a valid, current address or other place where the parent or other legal custodian may be served with a summons. In the event that the address or place where the parent or legal custodian may be served a summons changes during the course of the litigation, the parent or other legal custodian shall have the obligation of filing a change of address form with the clerk. In the event that an amended petition or motion is filed, the address listed on the form of the court clerk shall constitute the last-known address of the parent or other legal custodian unless the state has actual knowledge of the parent or other legal custodian’s location.
Added by Laws 1968, c. 282, § 114, eff. Jan. 13, 1969. Amended by Laws 1982, c. 312, § 21, operative Oct. 1, 1982; Laws 1986, c. 286, § 1, eff. Nov. 1, 1986; Laws 1990, c. 302, § 6, eff. Sept. 1, 1990; Laws 1992, c. 299, § 9, eff. July 1, 1992; Laws 1993, c. 10, § 1, emerg. eff. March 21, 1993; Laws 1994, c. 290, § 40, eff. July 1, 1994; Laws 1995, c. 352, § 27, eff. July 1, 1995. Renumbered from § 1114 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1998, c. 421, § 13, emerg. eff. June 11, 1998; Laws 2009, c. 233, § 31, emerg. eff. May 21, 2009. Renumbered from § 7003-4.5 of Title 10 by Laws 2009, c. 233, § 242, emerg. eff. May 21, 2009.
NOTE: Laws 1992, c. 298, § 25 repealed by Laws 1993, c. 10, § 16, emerg. eff. March 21, 1993.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-701. Reimbursements and costs by parents able to pay.

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 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.
Added by Laws 1968, c. 282, § 121, eff. Jan. 13, 1969. Amended by Laws 1990, c. 302, § 10, eff. Sept. 1, 1990; Laws 1994, c. 290, § 43, eff. July 1, 1994; Laws 1995, c. 352, § 46, eff. July 1, 1995. Renumbered from § 1121 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1996, c. 353, § 19, eff. Nov. 1, 1996; Laws 2001, c. 407, § 1, eff. July 1, 2001; Laws 2004, c. 198, § 1, emerg. eff. May 4, 2004; Laws 2009, c. 233, § 58, emerg. eff. May 21, 2009. Renumbered from § 7003-8.7 of Title 10 by Laws 2009, c. 233, § 243, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-703. Examination of child – Investigation of home environment – Placement hearing.

A. After a petition has been filed, the court may order the child to be examined and evaluated by a physician or other appropriate professional to aid the court in making the proper disposition concerning the child. The court may order a behavioral health evaluation of a child as provided by the Inpatient Mental Health and Substance Abuse Treatment of Minors Act.
B. After adjudication and at the request of a judge in any juvenile proceeding, the Department of Human Services shall investigate the home conditions and environment of the child and the financial ability, occupation and earning capacity of the parent, legal guardian or custodian of the child. Upon request by the court of another state, the Department may conduct a similar investigation.
C. Within sixty (60) days of the start of each placement of a child in a qualified residential treatment program as defined in Section 1-1-105 of this title, the court shall set a hearing to:
1. Consider the assessment, determination, and documentation made by the qualified individual conducting the assessment and submitted as part of the Department's written report;
2. Determine whether the needs of the child can be met through placement in a foster family home or, if not, determine whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment;
3. Determine whether the child's current placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child; and
4. Approve or disapprove the placement.
Added by Laws 1968, c. 282, § 120, eff. Jan. 13, 1969. Amended by Laws 1977, c. 259, § 13, eff. Oct. 1, 1977; Laws 1982, c. 312, § 22, operative Oct. 1, 1982; Laws 1986, c. 286, § 3, eff. Nov. 1, 1986; Laws 1990, c. 302, § 9, eff. Sept. 1, 1990; Laws 1992, c. 298, § 30, eff. July 1, 1993; Laws 1995, c. 352, § 29, eff. July 1, 1995. Renumbered from § 1120 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 2009, c. 233, § 34, emerg. eff. May 21, 2009. Renumbered from § 7003-5.2 of Title 10 by Laws 2009, c. 233, § 245, emerg. eff. May 21, 2009. Amended by Laws 2023, c. 43, § 1, eff. Oct. 1, 2023.
NOTE: Laws 1990, c. 51, § 6 repealed by Laws 1991, c. 335, § 36, emerg. eff. June 15, 1991.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-708. Deprivation based on repeated absence from school.

A. In cases where the child has been adjudicated to be deprived due to repeated absence from school, the court may order counseling and treatment for the child and the parents.
B. Prior to final disposition, the court shall require verification by the appropriate school district that the child found to be truant has been evaluated for literacy, learning disabilities, developmental disabilities, hearing and visual impairment, and other impediments which could constitute an educational handicap. The results of such assessments or evaluations shall be made available to the court for use by the court in determining the disposition of the case.
C. No child who has been adjudicated deprived upon the basis of noncompliance with the mandatory school attendance law alone may be placed in a public or private institutional facility or be removed from the custody of the lawful parent, legal guardian, or custodian of the child.
D. A deprived adjudication based solely upon repeated absence from school shall not constitute a ground for termination of parental rights.
Added by Laws 2009, c. 233, § 122, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-709. Permanent guardianship.

A. The court may establish a permanent guardianship between a child and a relative or other adult if the guardianship is in the child's best interests and all of the following conditions are substantially satisfied:
1. The child has been adjudicated to be a deprived child;
2. The parent has:
a.
consented to the guardianship,
b.
had his or her parental rights terminated,
c.
failed to substantially correct the conditions that led to the adjudication of the child,
d.
been adjudicated as incompetent or incapacitated by a court,
e.
abandoned the child,
f.
failed to be identified or has not been located despite reasonably diligent efforts to ascertain the whereabouts of the parent, or
g.
died;
3. The child consents to the guardianship if the court finds the child to be of sufficient intelligence, understanding, and experience to provide consent;
4. Termination of the parent's rights is either not legally possible or not in the best interests of the child or adoption is not the permanency plan for the child;
5. The child and the prospective guardian do not require protective supervision or preventive services to ensure the stability of the guardianship;
6. The prospective guardian is committed to providing for the child until the child reaches the age of majority and to preparing the child for adulthood and independence;
7. The prospective guardian agrees not to return the child to the care of the person from whom the child was removed nor to allow visitation without the approval of the court; and
8. The child has been residing or placed with the proposed guardian for at least the six (6) preceding months or the permanent guardian is a relative with whom the child has a relationship.
B. In proceedings for permanent guardianship, the court shall give primary consideration to the physical and behavioral health needs of the child.
C. A permanent guardianship pursuant to subsection A of this section shall not be permitted if:
1. The prospective guardian would be denied placement as a prospective foster or adoptive parent pursuant to subsection C of Section 1-4-705 of this title;
2. The prospective guardian is subject to the Oklahoma Sex Offenders Registration Act or living with an individual subject to the Oklahoma Sex Offenders Registration Act; or
3. The prospective guardian is the parent of the child and has had his or her parental rights terminated.
D. Unless otherwise set forth in the final order of permanent guardianship, a permanent guardian is vested with all of the rights and responsibilities as set forth in Title 30 of the Oklahoma Statutes relating to the powers and duties of a guardian of a minor, other than those rights and responsibilities retained by the child's parent, if any, that are set forth in the decree of permanent guardianship.
Added by Laws 2009, c. 233, § 123, emerg. eff. May 21, 2009. Amended by Laws 2016, c. 242, § 1, emerg. eff. May 5, 2016; Laws 2019, c. 94, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-712. Authority to establish family drug court – Procedures.

A. Each district court is hereby authorized to establish a family drug court for the purpose of treating children adjudicated as deprived and their families in cases where the parent, parents or legal guardian has a substance abuse disorder. The Department of Mental Health and Substance Abuse Services shall assist in the establishment of family drug courts and, if funds are available, may contract for family drug court treatment services.
B. At the adjudicatory or dispositional hearing in a deprived case, the court may determine whether there are any statutory preclusions, other prohibitions, or program limitations that exist and are applicable to considering the family for participation in the drug court program.
C. A family drug court assessment shall be ordered by the court, upon the motion of the district attorney, Department of Human Services, the child’s attorney, parent, legal guardian or upon the court’s own motion, once the requirements of subsection B of this section have been met.
D. The court shall set a date for a hearing to determine final eligibility for admittance into the program which shall not exceed thirty (30) days after the dispositional hearing.
E. Upon denial for consideration in the family drug court program at the initial hearing, the case shall proceed as authorized by the Children's Code.
Added by Laws 2010, c. 278, § 7, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-713. Family drug court assessment.

A. When directed by the court, the family drug court treatment staff shall make a family drug court assessment of the deprived child or children and the family under consideration to determine whether:
1. Reunification is the permanency plan for the child or children and that reunification with the parent, parents or legal guardian is in the best interest of the child or children; and
2. The alcohol or substance abuse of the parent, parents or legal guardian is a substantial contributing condition to the adjudication of a child or children as deprived.
B. 1. The family drug court assessment shall be conducted through a standardized screening test and personal interview. A more comprehensive evaluation may take place at the time the family enters the treatment portion of the program and may take place at any time after placement in the program.
2. The family drug court assessment shall determine the elements of the family drug court treatment plan which the parent, parents or legal guardian shall be required to comply with if admitted to the program. Any subsequent assessments or evaluations by the treatment provider may be used to determine modifications needed to the original family drug court treatment plan.
3. The family drug court assessment shall include, but not be limited to, the following information:
a.
the age and physical condition of the child or children,
b.
family employment,
c.
educational background and literacy level,
d.
community and family relations,
e.
prior and current drug and alcohol use,
f.
behavioral health and medical treatment history,
g.
demonstrable motivation of the family, and
h.
other mitigating or aggravating factors.
C. When a family is determined to be appropriate for admittance to the program, regardless of whether the child or children are in the custody of the Department of Human Services, the treatment staff shall make a recommendation for the treatment program or programs that are available in the jurisdiction and which would benefit the family and child or children.
D. 1. Any statement made by the parent or legal guardian to any supervising staff during the course of any drug court assessment and subsequent to the admission of the parent or legal guardian to the family drug court program, as well as any report of findings and recommendations, shall not be admissible in any other case pending against the parent or legal guardian, nor shall such be grounds for the revocation of a parent or legal guardian from the program.
2. The restrictions provided in this section shall not preclude the admissibility of statements or evidence obtained by the state from independent sources.
Added by Laws 2010, c. 278, § 8, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-716. Family drug court costs – Family Drug Court Revolving Fund.

A. 1. The family drug court judge may order the family, or a member of the family, to pay court costs, treatment costs, drug-testing costs, and supervision fees. The family drug court judge may order an adult member or members of the family responsible for the health or welfare of the child or children to pay a program user fee, not to exceed Twenty Dollars ($20.00) per month.
2. The family drug court judge may establish a schedule for the payment of costs and fees.
B. There shall be created with the county treasurer of each county within this state a cash fund to be designated as the "Family Drug Court Revolving Fund".
1. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received and any other monies designated by law for deposit into the fund.
2. All monies accruing to the credit of the fund are hereby appropriated and shall be expended by the family drug court coordinator for the benefit and administration of the family drug court program.
3. Claims against the fund shall include only expenses incurred for the administration of the family drug court program and payment may be made after the claim is approved by the family drug court team.
4. The necessary forms and procedures to account for the monies shall be developed and implemented by the Office of the State Auditor and Inspector.
C. 1. The cost for treatment, drug testing, and supervision fees shall be set by the family drug court team and shall reflect actual expenses or rates established by the Department of Mental Health and Substance Abuse Services and made part of the court's order for payment.
2. The costs for drug testing and supervision fees shall be paid to the family drug court coordinator for deposit into the county Family Drug Court Revolving Fund.
3. The costs for treatment shall be paid to the respective family drug court treatment provider or providers.
4. The court clerk shall collect all other costs and fees ordered.
D. 1. No court order for costs and fees shall be limited by any term of supervision, treatment, or extension thereof.
2. Court orders for costs and fees shall remain an obligation of the adult member or members of the family responsible for the health or welfare of the child or children with court monitoring until fully paid.
Added by Laws 2010, c. 278, § 11, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-801. Stay pending review of release order.

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.
Added by Laws 2009, c. 233, § 126, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-802. Hearing to determine release of child from state custody.

A. At any hearing pursuant to the provisions of the Oklahoma Children's Code for the purpose of determining the placement of a child or that a child in state custody is to be released from state custody, the court shall provide an opportunity to a representative of the Department of Human Services, the present foster parent or representative of the group home where a child is placed, the guardian ad litem and the child, if of sufficient age as determined by the court, to present sworn testimony regarding the placement of the child or release of the child from state custody. In all cases in which the Office of Juvenile System Oversight has conducted an investigation regarding placement of a child or release of a child from state custody and believes there is a serious risk of danger to the health or safety of that child, the Oklahoma Commission on Children and Youth shall provide to the court and the parties a written report of their investigation and recommendation for placement of the child. Such report shall be provided to the court and the parties no less than five (5) days prior to the hearing. The court, upon motion of any party, shall order attendance of any person preparing such report when it appears there is a substantial likelihood that material evidence not contained in the report may be produced by the testimony of any person having prepared the report. The court shall consider the report when making his or her decision regarding placement of a child or release of a child from state custody.
B. The court, the district attorney or the attorneys for the parties may cross examine the representative of the Department, the child, if of sufficient age as determined by the court, the present foster parents or group home representative, and the guardian ad litem.
C. The court shall issue written findings of fact and conclusions of law. All hearings concerning such cases shall be on the record. The failure of any court to provide an opportunity to a representative of the Department or to the present foster parent or group home representative, the guardian ad litem and to the child, if of sufficient age as determined by the court, to present the sworn testimony pursuant to this section shall be subject to immediate mandamus to an appropriate court.
Added by Laws 1996, c. 200, § 8, eff. Nov. 1, 1996. Amended by Laws 1998, c. 421, § 24, emerg. eff. June 11, 1998; Laws 2006, c. 205, § 6, eff. Nov. 1, 2006; Laws 2009, c. 233, § 48, emerg. eff. May 21, 2009. Renumbered from § 7003-6.2A of Title 10 by Laws 2009, c. 233, § 249, emerg. eff. May 21, 2009. Amended by Laws 2014, c. 105, § 2, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-803. Placement of child in the custody of the Department of Human Services.

If the court determines it would be in the best interests of a child, the court may place the child in the legal custody of the Department of Human Services. Whenever a child is in the custody of the Department, the court shall not have the authority to order a specific placement of the child but shall have the authority to approve or disapprove a specific placement if it does not conform to statutory requirements and the best interests of the child.
Added by Laws 2009, c. 233, § 127, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-804. Notification of movement of child in the custody of Department of Human Services.

A. 1. The Department of Human Services shall notify the court, the postadjudication review board, the district attorney, the child’s attorney, and the guardian ad litem of the child, if any, whenever a child in the custody of the Department is moved from one location to another.
2. The Department shall notify the foster family prior to movement of the child pursuant to the provisions of Section 1-4-805 of this title.
3. The Department shall inform the guardian ad litem, if any, and the child’s attorney of the specific location of the child.
B. The notification required by this section shall be made by the Department within a reasonable time after the Department is made aware of the need for movement, but in no event less than five (5) judicial days prior to movement unless an emergency exists. As used in this section, “emergency” means movement of a child that is:
1. Pursuant to an order of the court including, but not limited to, an order authorizing placement of a child with a parent or sibling;
2. Requested by the child-placing agency or foster parent of the child, and the request is for immediate removal of the child without delay or notice as provided by this section;
3. For emergency medical or mental health treatment;
4. For substantial noncompliance by a foster parent or child-placing agency with applicable placement standards and agreements such that the child is in imminent danger; or
5. Due to a pending investigation of an allegation of abuse or neglect of a child by a foster parent or child-placing agency or other person residing in the foster family home.
C. The court, on its own motion, may hold, or any party receiving notice pursuant to this section, shall be granted, an informal hearing concerning the reasons and necessity for moving the child, if requested in writing, within five (5) days following the receipt of notice.
Added by Laws 1996, c. 353, § 22, eff. Nov. 1, 1996. Amended by Laws 1997, c. 389, § 4, eff. Nov. 1, 1997; Laws 2000, c. 374, § 17, eff. July 1, 2000; Laws 2009, c. 233, § 37, emerg. eff. May 21, 2009. Renumbered from § 7003-5.4a of Title 10 by Laws 2009, c. 233, § 250, emerg. eff. May 21, 2009. Amended by Laws 2010, c. 278, § 12, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-807.1. Emergency hearings.

A. Once a child is the subject of a deprived child proceeding, any party may file a verified application for an emergency hearing that demonstrates harm or threatened harm to the health, safety or welfare of that child. Upon receipt of the application for emergency hearing, the court shall have seventy-two (72) hours to conduct a hearing. If the court fails to conduct a hearing within that time, the movant may present the application for emergency hearing to the presiding judge or the presiding juvenile judge of the judicial district who shall conduct an emergency hearing within twenty-four (24) hours of receipt of the application.
B. Nothing in this section shall prohibit a court from issuing an emergency order sua sponte to protect the health, safety and welfare of a child subject to a deprived child proceeding in juvenile court pending hearing on the application.
C. If the court finds that any relevant information provided to the court upon which the court relied to make its emergency order decision to be false, the court shall assess against the movant all costs, attorney fees and other expenses incurred as a result of the emergency hearing. The movant shall pay all such costs, fees and expenses within thirty (30) days. Failure to make this payment shall be grounds for contempt, punishable by six (6) months in the county jail, a fine not to exceed One Thousand Dollars ($1,000.00), or by both imprisonment and fine.
Added by Laws 2014, c. 151, § 1, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-809. Findings establishing that reasonable efforts to reunify child are not required.

A. At any time prior to or following the adjudicatory hearing the court, on its own motion or upon the motion of a party, may find that reasonable efforts to prevent the removal of a child from home or to reunify the child and family are not required if the court determines, based upon a preponderance of the evidence, that:
1. The parent or legal guardian of the child, who is an infant age twelve (12) months or younger, has abandoned the child;
2. The parent or legal guardian of the child has:
a.
committed murder or manslaughter of any child,
b.
aided or abetted, attempted, conspired, or solicited to commit the murder or manslaughter of any child,
c.
committed a felony assault upon any child that resulted in the child receiving serious bodily injury, or
d.
subjected any child to aggravated circumstances including, but not limited to, heinous and shocking abuse or heinous and shocking neglect;
3. The parental rights of a parent to the child's sibling have been terminated involuntarily;
4. The parent has been found by a court of competent jurisdiction to have committed sexual abuse against the child or another child of the parent; or
5. The parent is required to register with a sex offender registry pursuant to Section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006, 42 U.S.C., Section 16913(a).
B. The court shall conduct a permanency hearing within thirty (30) days of a determination by the court that any of the conditions specified in subsection A of this section exist. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan.
Added by Laws 1998, c. 421, § 14, emerg. eff. June 11, 1998. Amended by Laws 2000, c. 374, § 15, eff. July 1, 2000; Laws 2009, c. 233, § 32, emerg. eff. May 21, 2009. Renumbered from § 7003-4.6 of Title 10 by Laws 2009, c. 233, § 255, emerg. eff. May 21, 2009. Amended by Laws 2012, c. 353, § 5, emerg. eff. June 8, 2012.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-812. Determination of eligibility of foster parent to adopt.

A. During any permanency hearing, if it is determined by the court that a child should be placed for adoption, the foster parent of the child shall be considered eligible to adopt the child, if the foster parent meets established eligibility requirements pursuant to this section.
B. If the child has resided with a foster parent for at least one (1) year, the court shall give great weight to the foster parent in the adoption consideration for the child unless there is an existing loving emotional bond with a relative of the child by blood or marriage who is willing, able, and eligible to adopt the child.
C. In making such determination, the court shall consider whether the child has become integrated into the foster family to the extent that the child's familial identity is with the foster family, and whether the foster family is able and willing permanently to treat the child as a member of the family. The court shall consider, without limitation:
1. The love, affection, and other emotional ties existing between the child and the relatives of the child, and the child's ties with the foster family;
2. The capacity and disposition of the child's relatives as compared with that of the foster family to give the child love, affection, and guidance and to continue the education of the child;
3. The length of time a child has lived in a stable, satisfactory foster home and the desirability of the child's continuing to live in that environment;
4. The physical and mental health of the relatives of the child as compared with that of the foster family;
5. The experiences of the child in the home, school, and community, both when with the parents from whom the child was removed and when with the foster family;
6. The age and preference of the child;
7. The long-term best interests of the child; and
8. Any other factor considered by the court to be relevant to a particular placement of the child.
Added by Laws 1998, c. 414, § 18, emerg. eff. June 11, 1998. Amended by Laws 2005, c. 75, § 1, eff. Nov. 1, 2005; Laws 2009, c. 233, § 46, emerg. eff. May 21, 2009. Renumbered from § 7003-5.6h of Title 10 by Laws 2009, c. 233, § 258, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-814. Modification of decrees or orders.

Any decree or order made pursuant to the provisions of the Oklahoma Children's Code may be modified by the court at any time; provided, however, that an order terminating parental rights shall not be modified.
Added by Laws 1968, c. 282, § 118, eff. Jan. 13, 1969. Amended by Laws 1979, c. 257, § 5, eff. Oct. 1, 1979; Laws 1981, c. 238, § 4, eff. Oct. 1, 1981; Laws 1995, c. 352, § 34, eff. July 1, 1995. Renumbered from § 1118 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Renumbered from § 7003-6.1 of Title 10 by Laws 2009, c. 233, § 260, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-901. Filing of petition or motion for termination of parental rights.

A. A petition or motion for termination of parental rights may be filed independently by either the district attorney or the attorney of a child alleged to be or adjudicated deprived.
B. A petition or motion for termination of parental rights shall be filed by the district attorney for those petitions or motions required to be filed pursuant to the provisions of Section 1-4-902 of this title.
C. If a child's attorney files a petition or motion for the termination of the parental rights of the parents of the child, the district attorney shall join in the petition or motion for those petitions or motions required to be filed by the district attorney pursuant to the provisions of Section 1-4-902 of this title, unless an exception to filing exists.
Added by Laws 1982, c. 312, § 39, operative July 1, 1982. Amended by Laws 1995, c. 352, § 8, eff. July 1, 1995. Renumbered from § 1405 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1998, c. 421, § 5, emerg. eff. June 11, 1998; Laws 2009, c. 233, § 16, emerg. eff. May 21, 2009. Renumbered from § 7002-3.1 of Title 10 by Laws 2009, c. 233, § 261, emerg. eff. May 21, 2009.