reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 10. Children › §10-7700-606. No limitation for parentage proceeding with no presumed, acknowledged, or adjudicated father.

A proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father may be commenced at any time, even after:
1. The child becomes an adult, but only if the child initiates the proceeding; or
2. An earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect.
Added by Laws 2006, c. 116, § 39, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-608. Motion for genetic testing.

A. In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the court shall deny a motion seeking an order for genetic testing of the mother, the child, and the presumed or acknowledged father if the court determines that:
1. The conduct of the mother or the presumed or acknowledged father estops that party from denying parentage; and
2. It would be contrary to the child's best interests to disprove the father-child relationship between the child and the presumed or acknowledged father.
B. In determining whether to deny a motion seeking an order for genetic testing under this section, the court shall consider the best interest of the child, including the following factors:
1. The length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged father was placed on notice that he might not be the genetic father;
2. The length of time during which the presumed or acknowledged father has assumed the role of father of the child;
3. The facts surrounding the presumed or acknowledged father's discovery of his possible nonpaternity;
4. The nature of the relationship between the child and the presumed or acknowledged father;
5. The age of the child;
6. The harm that may result to the child if presumed or acknowledged paternity is successfully disproved;
7. The nature of the relationship between the child and any alleged father;
8. The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and
9. Other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or acknowledged father or the chance of other harm to the child.
C. In a proceeding to disprove the father-child relationship between a child over two (2) years of age and the child's presumed or acknowledged father, the court shall appoint a guardian ad litem to represent the child prior to ruling on a motion seeking an order of genetic testing. If the child is under two (2) years of age, or if the proceeding is brought under subsection B of Section 7700-607 of this title, the court may, at its own discretion or upon request by any party, appoint a guardian ad litem to represent the child.
D. If the court denies a motion seeking an order for genetic testing, it shall issue an order adjudicating the presumed or acknowledged father to be the father of the child.
Added by Laws 2006, c. 116, § 41, eff. Nov. 1, 2006. Amended by Laws 2014, c. 96, § 2, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-609. Limitation in proceeding with acknowledged or adjudicated father.

A. If a child has an acknowledged father, a signatory to the acknowledgment of paternity may commence a proceeding seeking to challenge the paternity of the child only within the time allowed under Section 15 or 16 of this act.
B. If a child has an acknowledged father or an adjudicated father, an individual, other than the child, who is neither a signatory to the acknowledgment of paternity nor a party to the adjudication and who seeks an adjudication of paternity of the child shall commence a proceeding not later than two (2) years after the effective date of the acknowledgment or adjudication.
C. A proceeding under this section is subject to the application of Section 16 of this act.
Added by Laws 2006, c. 116, § 42, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-610. Joinder of proceedings.

A. Except as otherwise provided in subsection B of this section, a proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, dissolution of marriage, annulment, legal separation, probate or administration of an estate, or other appropriate proceeding.
B. A respondent may not join a proceeding described in subsection A of this section with a proceeding to adjudicate parentage brought under Section 601-101 et seq. of Title 43 of the Oklahoma Statutes.
Added by Laws 2006, c. 116, § 43, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-611. Proceeding before birth of child.

A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. The following actions may be taken before the birth of the child:
1. Service of process;
2. Discovery; and
3. Except as prohibited by Section 24 of this act, collection of specimens for genetic testing.
Added by Laws 2006, c. 116, § 44, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-612. Child as party to proceeding – Guardian ad litem.

A. A minor child is a permissible party, but is not a necessary party to a proceeding under this Article.
B. The court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the court finds that the interests of the child are not adequately represented.
Added by Laws 2006, c. 116, § 45, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-621. Admissibility of genetic-testing results - Testimony of experts - Medical bills.

A. Except as otherwise provided in subsection C of this section, a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within fourteen (14) days after its mailing and cites specific grounds for exclusion. The admissibility of the report is not affected by whether the testing was performed:
1. Voluntarily or pursuant to an order of the court or the Department of Human Services; or
2. Before or after the commencement of the proceeding.
B. A party objecting to the results of genetic testing may call one or more genetic-testing experts to testify in person or by telephone, videoconference, deposition, or another method approved by the court. Unless otherwise ordered by the court, the party offering the testimony bears the expense for the expert testifying.
C. If a child has a presumed, acknowledged, or adjudicated father, the results of genetic testing are inadmissible to adjudicate parentage unless performed pursuant to an order of the court under Sections 7700-502 and 7700-608 of this title.
D. Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child which are furnished to the adverse party not less than ten (10) days before the date of a hearing are admissible to establish:
1. The amount of the charges billed; and
2. That the charges were reasonable, necessary, and customary.
Added by Laws 2006, c. 116, § 46, eff. Nov. 1, 2006. Amended by Laws 2008, c. 99, § 3, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-622. Enforcement of order for genetic testing - Default.

A. An order for genetic testing is enforceable by contempt.
B. If an individual whose paternity is being determined declines to submit to genetic testing ordered by the court, the court for that reason may adjudicate parentage contrary to the position of that individual.
C. If a defendant fails to answer, or to appear for hearing or genetic testing after being ordered to appear, and all other duly served defendants have been excluded as possible fathers by genetic testing, the court shall enter an order establishing the defendant who failed to answer or appear as the father.
D. Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every man whose paternity is being adjudicated.
Added by Laws 2006, c. 116, § 47, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-623. Admission of paternity.

A. A respondent in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing.
B. If the court finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to question the admission, the court shall issue an order adjudicating the child to be the child of the man admitting paternity.
Added by Laws 2006, c. 116, § 48, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-624. Temporary order for support.

A. In a proceeding under this Article, the court shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is:
1. A presumed father of the child;
2. Petitioning to have his paternity adjudicated;
3. Identified as the father through genetic testing under Section 27 of this act;
4. An alleged father who has declined to submit to genetic testing;
5. Shown by clear and convincing evidence to be the father of the child; or
6. The mother of the child.
B. A temporary order may include provisions for custody and visitation as provided by other law of this state.
Added by Laws 2006, c. 116, § 49, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-631. Rules for adjudication of paternity.

The court shall apply the following rules to adjudicate the paternity of a child:
1. The paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child;
2. Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child under Section 27 of this act shall be adjudicated the father of the child;
3. If the court finds that genetic testing under Section 27 of this act neither identifies nor excludes a man as the father of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing, and other evidence, are admissible to adjudicate the issue of paternity; and
4. Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by genetic testing shall be adjudicated not to be the father of the child.
Added by Laws 2006, c. 116, § 50, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-633. Closure of proceeding – Inspection of records.

A. On request of a party and for good cause shown, the court may close a proceeding under this Article.
B. A final order in a proceeding under this Article is available for public inspection. Once a proceeding is closed under this Article, other papers and records are available only with the consent of the parties or on order of the court for good cause.
Added by Laws 2006, c. 116, § 52, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-634. Order on default.

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.
Added by Laws 2006, c. 116, § 53, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-635. Dismissal for want of prosecution.

The court may issue an order dismissing a proceeding commenced under the Uniform Parentage Act for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
Added by Laws 2006, c. 116, § 54, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-636. Order adjudicating parentage – Assessment of fees and costs – Change of child’s surname.

A. The court shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child.
B. An order adjudicating parentage shall identify the child by name and date of birth.
C. Except as otherwise provided in subsection D of this section, the court may assess filing fees, reasonable attorney fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under this Article. The court may award attorney fees, which may be paid directly to the attorney, who may enforce the order in the attorney’s own name.
D. The court may not assess fees, costs, or expenses against the Department of Human Services or an agency of another state designated to administer a statewide plan for child support in accordance with Title IV, Part D, of the Federal Social Security Act, as amended, 42 U.S.C., Section 651 et seq., except as provided by other law.
E. If both the mother and the father agree to change the surname of the child to that of the father, the court may order that the name be changed.
F. If the order of the court is at variance with the child’s birth certificate, the court shall order the State Department of Health, Division of Vital Records to issue an amended birth registration.
Added by Laws 2006, c. 116, § 55, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-637. Binding effect of determination of parentage.

A. Except as otherwise provided in subsection B of this section, a determination of parentage is binding on:
1. All signatories to an acknowledgment or denial of paternity as provided in Article 3 of the Uniform Parentage Act; and
2. All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of Section 601-201 of Title 43 of the Oklahoma Statutes.
B. A child is not bound by a determination of parentage under the Uniform Parentage Act unless:
1. The determination was based on an unrescinded acknowledgment of paternity and the acknowledgment is consistent with the results of genetic testing;
2. The adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown; or
3. The child was a party or was represented in the proceeding determining parentage by an attorney or guardian ad litem.
C. In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of Section 601-201 of Title 43 of the Oklahoma Statutes and the final order:
1. Expressly identifies a child as a “child of the marriage”, “issue of the marriage”, or similar words indicating that the husband is the father of the child; or
2. Provides for support of the child by the husband unless paternity is specifically disclaimed in the order.
D. Except as otherwise provided in subsection B of this section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.
E. A party to an adjudication of paternity may challenge the adjudication only under law of this state relating to appeal, vacation of judgments, or other judicial review.
Added by Laws 2006, c. 116, § 56, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7800. Custody of a child born out of wedlock.

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.
Added by Laws 2010, c. 358, § 1, emerg. eff. June 7, 2010. Amended by Laws 2011, c. 51, § 1, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-1-101. Short title - Subsequent enactments - Article, chapter and part captions.

A. Sections 1-1-101 through 1-9-122 of this title shall be known and may be cited as the "Oklahoma Children's Code".
B. All statutes hereinafter enacted and codified in this title shall be considered and deemed part of the Oklahoma Children's Code.
C. Article, chapter, and part captions are part of the Oklahoma Children's Code, but shall not be deemed to govern, limit or in any manner affect the scope, meaning or intent of the provisions of any chapter or part of this Code.
D. The provisions of this article shall not apply to adoption proceedings and actions to terminate parental rights which do not involve a petition for deprived status of the child. Such proceedings and actions shall be governed by the Oklahoma Adoption Code.
Added by Laws 1995, c. 352, § 1, eff. July 1, 1995. Amended by Laws 1998, c. 415, § 1, emerg. eff. June 11, 1998; Laws 2009, c. 233, § 9, emerg. eff. May 21, 2009. Renumbered from § 7001-1.1 of Title 10 by Laws 2009, c. 233, § 209, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-1-104. Jurisdiction to enforce Oklahoma Children's Code.

The Attorney General, the district attorney of the appropriate district and any other law enforcement official having jurisdiction shall have the authority to bring civil actions against any person, officer or department, board, commission or other entity, to enforce the provisions of the Oklahoma Children's Code, or to enforce any of the laws of this state protecting or applying in any way to a child removed from the custody of the lawful parent of the child by a disposition order of the court.
Added by Laws 2009, c. 233, § 111, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-2-102. See the following versions:

OS 10A-1-2-102v1 (HB 2491, Laws 2016, c. 130, § 1).
OS 10A-1-2-102v2 (HB 3104, Laws 2018, c. 256, § 3).
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-2-103. Judicial authority to request investigation.

A judge of the district court may request an investigation be conducted by the Oklahoma State Bureau of Investigation or other law enforcement agency in cases where the court reasonably believes that criminally injurious conduct including, but not limited to, physical or sexual abuse of a child has occurred.
Added by Laws 2006, c. 205, § 15, eff. Nov. 1, 2006. Amended by Laws 2009, c. 233, § 80, emerg. eff. May 21, 2009. Renumbered from § 7104.1 of Title 10 by Laws 2009, c. 233, § 214, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-2-104. Immunity from civil and criminal liability - Presumption.

A. Any person who, in good faith and exercising due care, reports suspected child abuse or neglect, or who allows access to a child by persons authorized to investigate a report concerning the child shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report.
B. For purposes of any proceeding, civil or criminal, the good faith of any person in making a report pursuant to the provisions of Section 1-2-101 of this title shall be presumed.
C. A child advocacy center that is accredited by the National Children's Alliance, and the employees thereof, who are acting in good faith and exercising due care shall have immunity from civil liability that may be incurred or imposed through participation in the investigation process and any judicial proceeding resulting from the investigation process.
Added by Laws 1965, c. 43, § 3, emerg. eff. March 18, 1965. Amended by Laws 1977, c. 172, § 3, eff. Oct. 1, 1977; Laws 1984, c. 85, § 2, eff. Nov. 1, 1984; Laws 1989, c. 67, § 1, emerg. eff. April 13, 1989; Laws 1995, c. 353, § 5, eff. Nov. 1, 1995. Renumbered from § 847 of Title 21 by Laws 1995, c. 353, § 20, eff. Nov. 1, 1995. Amended by Laws 2000, c. 293, § 1, emerg. eff. June 5, 2000; Laws 2005, c. 184, § 2, emerg. eff. May 17, 2005; Laws 2009, c. 233, § 81, emerg. eff. May 21, 2009. Renumbered from § 7105 of Title 10 by Laws 2009, c. 233, § 215, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-2-106. Notice to person being investigated.

At the initial time of contact with a person responsible for the health, safety, or welfare of a child who is the subject of an investigation pursuant to the Oklahoma Children’s Code, the Department of Human Services shall advise the person of the specific complaint or allegation made against the person. If the Department is unable to locate the person, as soon as possible after initiating the investigation of the person, the Department shall provide to the person a brief and easily understood written description of the investigation process. Notice shall include:
1. A statement that the investigation is being undertaken by the Department pursuant to the requirements of the Oklahoma Children’s Code in response to a report of child abuse or neglect;
2. A statement that the identity of the person who reported the incident of abuse is confidential and may not even be known to the Department since the report could have been made anonymously;
3. A statement that the investigation is required by law to be conducted in order to enable the Department to identify incidents of abuse or neglect in order to provide protective or preventive social services to families who are in need of such services;
4. A statement that, upon completion of the investigation, a letter will be sent from the Department which will inform the person:
a.
that the Department has found insufficient evidence of abuse or neglect, or
b.
that there appears to be probable cause to suspect the existence of child abuse or neglect in the judgment of the Department;
5. An explanation of the procedures of the Department for conducting an investigation of alleged child abuse or neglect, including:
a.
a description of the circumstances under which the Department would seek to remove the child from the home through the judicial system, and
b.
an explanation that the law requires the Department to refer all reports of child abuse or neglect to a law enforcement agency for a separate determination of whether a criminal violation occurred;
6. The procedures to follow if there is a complaint regarding the actions of the Department or to request a review of the findings made by the Department during or at the conclusion of the investigation;
7. The right of the person to review records filed with the court in the event an action is filed;
8. The right of the person to seek legal counsel;
9. References to the statutory and regulatory provisions governing child abuse and neglect and how the person may obtain copies of those provisions;
10. The process the person may use to acquire visitation with the child if the child is removed from the home; and
11. A statement that a failure to appear for court proceedings may result in the termination of the person’s parental rights to the child.
Added by Laws 1995, c. 353, § 8, eff. Nov. 1, 1995. Amended by Laws 1998, c. 416, § 16, eff. Nov. 1, 1998; Laws 2004, c. 435, § 1, eff. Nov. 1, 2004; Laws 2009, c. 233, § 85, emerg. eff. May 21, 2009. Renumbered from § 7108 of Title 10 by Laws 2009, c. 233, § 217, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-2-107. Disclosure of information.

A. The Department of Human Services may provide information to a person or agency that provides professional services such as medical examination of or therapeutic intervention with a victim of abuse or neglect. This information may include, but is not limited to:
1. The investigative determination; or
2. The services offered and provided.
B. The Department shall forward to any hospital or any physician, including, but not limited to, doctors of medicine and dentistry, licensed osteopathic physicians, residents and interns, reporting the abuse or neglect of a child pursuant to Section 1-2-101 of this title, information including the investigative determination, the services offered or provided, and such other information deemed necessary by the Department. The information shall be entered and maintained in the medical records of the child.
Added by Laws 1995, c. 353, § 9, eff. Nov. 1, 1995. Amended by Laws 1996, c. 212, § 2, eff. Nov. 1, 1996; Laws 1998, c. 416, § 17, eff. Nov. 1, 1998; Laws 2009, c. 233, § 86, emerg. eff. May 21, 2009. Renumbered from § 7109 of Title 10 by Laws 2009, c. 233, § 218, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-2-108. Central registry for child abuse, sexual abuse, sexual exploitation and neglect.

A. There is hereby established within the Department of Human Services an information system for the maintenance of all reports of child abuse, sexual abuse, sexual exploitation, and neglect made pursuant to the provisions of the Oklahoma Children's Code.
B. The Children and Family Services Division of the Department shall be responsible for maintaining a suitably cross-indexed system of all the reports.
C. The records maintained shall contain, but shall not be limited to:
1. All information in the written report required by Section 1-2-101 of this title;
2. A record of the final disposition of the report including services offered and services accepted;
3. The plan for rehabilitative treatment; and
4. Any other relevant information.
D. Data and information maintained and related to individual cases shall be confidential and shall be made available only as authorized by state or federal law.
E. The Commission for Human Services shall promulgate rules governing the availability of such data and information.
F. Rules promulgated by the Commission shall encourage cooperation with other states in exchanging reports in order to effect a national registration system.
G. No person shall allow the data and information maintained to be released except as authorized by Chapter VI of the Oklahoma Children's Code.
H. Records obtained by the Department shall be maintained by the Department until otherwise provided by law.
Added by Laws 1995, c. 353, § 11, eff. Nov. 1, 1995. Amended by Laws 1996, c. 200, § 20, eff. Nov. 1, 1996; Laws 1997, c. 133, § 126, eff. July 1, 1999; Laws 1998, c. 416, § 19, eff. Nov. 1, 1998; Laws 2009, c. 233, § 90, emerg. eff. May 21, 2009. Renumbered from § 7111 of Title 10 by Laws 2009, c. 233, § 219, emerg. eff. May 21, 2009. Amended by Laws 2015, c. 29, § 1, eff. Nov. 1, 2015.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 126 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-2-110. Abandonment of child in voluntary placement.

A. For a child in a voluntary foster care placement pursuant to an agreement between the parent, legal guardian or custodian of the child and the Developmental Disabilities Services Division of the Department of Human Services if the division determines that such child has been abandoned pursuant to the provisions of Section 1-4-904 of this title, such Division may complete a written report of recommendations to the Division of Children and Family Services within the Department. Such report shall specify that the child has been abandoned and shall recommend that the Division of Children and Family Services request the district attorney to file a petition alleging the child to be deprived. If the court determines that the child has been abandoned, reasonable efforts to provide for the return of the child to the child's own home shall not be required. Then the court shall conduct a permanency hearing within thirty (30) days of such determination pursuant to the provision of Section 1-4-811 of this title.
B. If the child is subsequently adjudicated deprived, the Developmental Disabilities Services Division and the Division of Children and Family Services shall cooperate and collaborate with regard to the welfare, health and safety of the child in a permanent placement pursuant to the provisions of the Oklahoma Children's Code.
Added by Laws 1998, c. 421, § 33, emerg. eff. June 11, 1998. Amended by Laws 2009, c. 233, § 107, emerg. eff. May 21, 2009. Renumbered from § 7218 of Title 10 by Laws 2009, c. 233, § 221, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-3-101. Authorization to consent to medical or dental care.

A. 1. Either parent or the court-appointed legal guardian of a child may authorize, in writing, any adult person into whose care the minor has been entrusted to consent to any:
a.
x-ray examination,
b.
anesthetic,
c.
medical or surgical diagnosis or treatment,
d.
hospital care, or
e.
immunization, blood tests, examinations, Guidance Services, and Early Intervention Services provided by a city or county Department of Health,
to be rendered to said minor under the general or special supervision and upon the advice of a physician and surgeon licensed under the laws of the State of Oklahoma, or to consent to an x-ray examination, anesthetic, dental or surgical diagnosis or treatment and hospital care to be rendered to said minor by a dentist licensed under the laws of the State of Oklahoma.
2. If any parent or other person falsely represents in writing that such parent or other person has legal custody or legal guardianship of the minor child, or if any adult falsely represents that the written authorization provided for in this subsection is valid, and a health professional provides health services or care as provided by this section in good faith upon such misrepresentation, the health professional shall incur no liability except for negligence or intentional harm.
B. Either parent, if both parents have legal custody, or the parent or person having legal custody or the legal guardian of a minor may authorize, in writing, pursuant to the provisions of Section 1-116.2 of Title 70 of the Oklahoma Statutes a school or county nurse or in the absence of such nurse, a school administrator or designated school employees to administer:
1. A nonprescription medicine; and
2. A filled prescription medicine as that term is defined by Section 353.1 of Title 59 of the Oklahoma Statutes.
Added by Laws 1974, c. 208, § 1, emerg. eff. May 15, 1974. Amended by Laws 1984, c. 192, § 2, emerg. eff. May 14, 1984; Laws 1992, c. 273, § 2, eff. Sept. 1, 1992; Laws 1994, c. 15, § 1, eff. Sept. 1, 1994; Laws 2009, c. 233, § 7, emerg. eff. May 21, 2009. Renumbered from § 170.1 of Title 10 by Laws 2009, c. 233, § 222, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-3-103. Immunity from liability for authorizing medical treatment or mental health evaluation or treatment.

No peace officer, employee of the court, employee of the Department of Human Services, or person consenting or not consenting to medical treatment or behavioral health evaluation or treatment in accordance with the provisions of this title shall have any liability, civil or criminal, for such action. No physician or health care provider acting pursuant to consent or pursuant to court order authorizing treatment shall have any liability, civil or criminal, for acting pursuant to consent or authorization.
Added by Laws 1995, c. 352, § 14, eff. July 1, 1995. Amended by Laws 2000, c. 374, § 12, eff. July 1, 2000; Laws 2009, c. 233, § 20, emerg. eff. May 21, 2009. Renumbered from § 7003-2.5 of Title 10 by Laws 2009, c. 233, § 223, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-3-104. Safety plan monitor – Authorization of medical or dental treatment.

The safety plan monitor of a child who is in a safety plan with the Department of Human Services may, if the parent of the child is unavailable, authorize medical or dental treatment or examinations which are necessary for the well-being of the child.
Added by Laws 2021, c. 109, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-102. Evidence of child abuse or neglect in matrimonial or child custody actions - Investigation by Department of Human Services - Orders for protective custody - Appointment of attorney for child.

A. 1. If the evidence in a court proceeding concerning child custody or visitation indicates that a child may be a victim of abuse or neglect, the court shall refer the allegations to the Department of Human Services for an assessment or investigation.
2. The Department shall conduct an assessment or investigation concerning such report in accordance with priority guidelines established by the Department.
3. The Department shall submit a report of its assessment or investigation to the office of the district attorney and provide a copy of its reports to the referring court within thirty (30) days of such notice, and notify parties to the proceeding of the submission of the report to the court.
4. The district attorney shall advise the referring court within three (3) days of the receipt of the findings of the Department whether a deprived petition will be filed by that office. If no deprived petition is filed, the referring court may take appropriate action regarding the custody or visitation of the child.
B. Nothing in this section shall:
a.
preclude the referring court from entering an order to have the child taken into emergency custody if evidence presented to the referring court indicates a child is in surroundings that are such as to endanger the welfare of the child. If a child is placed into emergency custody by such an order, the provisions of Chapter IV of the Oklahoma Children's Code shall apply, or
b.
preclude any court presiding over any proceeding from referring allegations of child abuse or neglect to the Department for assessment or investigation.
C. If, in any proceeding concerning child custody or visitation, the evidence indicates that a child has been subject to abuse or neglect, the court shall appoint an attorney to represent the child for that proceeding and any related proceedings and may appoint a guardian ad litem for the child as permitted by law.
Added by Laws 1977, c. 259, § 2, eff. Oct. 1, 1977. Amended by Laws 1982, c. 312, § 14, operative Oct. 1, 1982; Laws 1995, c. 352, § 5, eff. July 1, 1995. Renumbered from § 1102.1 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1996, c. 200, § 5, eff. Nov. 1, 1996; Laws 1997, c. 386, § 2, emerg. eff. June 10, 1997; Laws 1998, c. 421, § 4, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 6, eff. July 1, 2000; Laws 2009, c. 233, § 13, emerg. eff. May 21, 2009. Renumbered from § 7002-1.2 of Title 10 by Laws 2009, c. 233, § 225, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-202. Written notification of emergency custody hearing.

A. The peace officer, employee of the court, or the employee of the Department of Human Services responsible for assuming physical custody of a child shall provide the parent, legal guardian, or physical custodian of the child with immediate written notice of the protective or emergency custody of the child if personally present, or if not present as soon as possible.
B. The written notice shall inform the parents, legal guardian, or custodian of the following:
1. That an emergency custody hearing to determine custody of the child will occur within two (2) judicial days from the date the child was taken into custody;
2. The date, time, and place for the emergency custody hearing;
3. The nature of the allegation that led to placement of the child into protective or emergency custody;
4. The address and telephone number of the applicable law enforcement agency and the Department; and
5. The right to contact an attorney.
C. The written notice shall also contain the following language: "FAILURE TO RESPOND TO THIS NOTICE OR TO APPEAR AT THE EMERGENCY CUSTODY HEARING MEANS YOUR CHILD WILL REMAIN IN CUSTODY. YOUR FAILURE TO RESPOND OR COOPERATE MEANS YOU MAY LOSE CUSTODY OF THIS CHILD OR YOUR RIGHTS AS A PARENT MAY BE TERMINATED."
Added by Laws 1995, c. 352, § 13, eff. July 1, 1995. Amended by Laws 1998, c. 421, § 7, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 11, eff. July 1, 2000; Laws 2001, c. 141, § 2, emerg. eff. April 30, 2001; Laws 2005, c. 120, § 1, eff. July 1, 2005; Laws 2007, c. 196, § 1, eff. July 1, 2007; Laws 2008, c. 293, § 2, emerg. eff. June 2, 2008; Laws 2009, c. 233, § 19, emerg. eff. May 21, 2009. Renumbered from § 7003-2.4 of Title 10 by Laws 2009, c. 233, § 227, emerg. eff. May 21, 2009.
NOTE: Laws 2009, c. 160, § 1 repealed by Laws 2016, c. 10, § 1, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-205. Records of child in protective custody – Petition – Hearings – Order providing for removal of a child.

A. The office of the district attorney and the Department of Human Services shall maintain records concerning a child in protective custody who is released prior to the emergency custody hearing. The records shall describe the reason for such release.
B. 1. A petition for a deprived child proceeding shall be filed and a summons issued within seven (7) judicial days from the date the child is taken into custody unless, upon request of the district attorney at the emergency custody hearing, the court determines there are compelling reasons to grant additional time for the filing of the petition for a period of time not to exceed fifteen (15) calendar days from the assumption of custody.
2. If a petition is not filed as required by this subsection, the emergency custody order shall expire. The district attorney shall submit for filing in the court record a written record specifying the reasons why the petition was not filed and specifying to whom the child was released.
C. The court may hold additional hearings at such intervals as may be determined necessary by the court to provide for the health, safety, or welfare of the child.
D. In scheduling hearings, the court shall give priority to proceedings in which a child is in emergency custody.
E. An order of the court providing for the removal of a child alleged to be deprived from the home of the child shall not be entered unless the court makes a determination:
1. That continuation of the child in the child’s home is contrary to the health, safety, or welfare of the child; and
2. As to whether or not reasonable efforts were made to prevent the need for the removal of the child from the child’s home; or
3. As to whether or not an absence of efforts to prevent the removal of the child from the child’s home is reasonable because the removal is due to an alleged emergency and is for the purpose of providing for the health, safety, or welfare of the child; or
4. That reasonable efforts to provide for the return of the child to the child’s home are not required pursuant to Section 1-4-809 of Title 10A of the Oklahoma Statutes; provided, however, upon such determination, the court shall inform the parent that a permanency hearing will be held within thirty (30) days from the determination.
Added by Laws 2009, c. 233, § 115, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-207. Immediate assumption of custody to protect child's health or welfare.

Nothing contained in the Oklahoma Children's Code shall prevent a court from immediately assuming custody of a child and ordering whatever action may be necessary, including medical or behavioral health treatment, to protect the child's health, safety, or welfare.
Added by Laws 1995, c. 352, § 44, eff. July 1, 1995. Amended by Laws 1998, c. 421, § 27, emerg. eff. June 11, 1998; Laws 2009, c. 233, § 56, emerg. eff. May 21, 2009. Renumbered from § 7003-8.5 of Title 10 by Laws 2009, c. 233, § 228, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-208. Standardized assessment for children taken into custody.

A. Every child taken into custody by the Department of Human Services pursuant to the Oklahoma Children's Code shall be given a standardized assessment within twenty-one (21) days of entering custody, unless otherwise prescribed by the assessment.
B. The assessment shall evaluate the physical, developmental, medical, mental health and educational needs of the child and shall be considered when developing placement and service plans for the child.
C. The assessment shall be updated by the Department at regular intervals while the child is in the custody of the Department to ensure the needs of the child are being addressed and changes are being documented.
D. The Department may promulgate rules to implement the provisions of this section.
Added by Laws 2019, c. 95, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-301. Petitions.

A. 1. A petition in a proceeding alleging a child to be deprived may be filed by the district attorney to determine if further action is necessary. The proceeding shall be entitled "In the matter of ____________, an alleged deprived child".
2. The petition shall be verified and may be upon information and belief. The petition shall set forth:
a.
with particularity, facts which bring the child within the purview of this chapter,
b.
the name, date of birth, and residence of the child,
c.
the names and residences of the child's parents,
d.
the name and residence of the child's legal guardian, if there is one,
e.
the name and residence of the person or persons having custody or control of the child,
f.
the name and residence of the nearest known relative, if no parent, legal guardian or custodian of the child can be found, and
g.
the relief requested including, but not limited to, or where applicable:
(1)
an adjudication that the child is deprived,
(2)
a termination of parental rights,
(3)
the entry of an order for child support, and
(4)
a judicial determination of the child’s paternity.
3. If any of the facts herein required are not known by the petitioner, the petition shall so state, along with the reasons why such facts are not known to petitioner.
B. A petition alleging a child to be a minor in need of treatment shall be filed by a district attorney pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act as provided for in Sections 5-501 through 5-513 of Title 43A of the Oklahoma Statutes.
C. A copy of the petition alleging a child to be deprived shall be attached to and delivered with the summons.
D. Any petition filed by the district attorney shall be signed by the district attorney or authorized assistant.
Added by Laws 1968, c. 282, § 103, eff. Jan. 13, 1969. Amended by Laws 1971, c. 66, § 1, eff. Oct. 1, 1971; Laws 1973, c. 142, § 1, emerg. eff. May 10, 1973; Laws 1976, c. 51, § 1, emerg. eff. April 12, 1976; Laws 1977, c. 259, § 3, eff. Oct. 1, 1977; Laws 1982, c. 312, § 15, operative Oct. 1, 1982; Laws 1990, c. 302, § 2, eff. Sept. 1, 1990; Laws 1992, c. 298, § 17, eff. July 1, 1993; Laws 1994, c. 290, § 31, eff. July 1, 1994; Laws 1995, c. 352, § 15, eff. July 1, 1995. Renumbered from § 1103 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1998, c. 421, § 8, emerg. eff. June 11, 1998; Laws 2002, c. 327, § 17, eff. July 1, 2002; Laws 2009, c. 233, § 21, emerg. eff. May 21, 2009. Renumbered from § 7003-3.1 of Title 10 by Laws 2009, c. 233, § 229, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-302. Amendment of petition – Postadjudication petition.

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 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.
Added by Laws 1977, c. 259, § 4, eff. Oct. 1, 1977. Amended by Laws 1995, c. 352, § 17, eff. July 1, 1995. Renumbered from § 1103.1 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 2009, c. 233, § 22, emerg. eff. May 21, 2009. Renumbered from § 7003-3.3 of Title 10 by Laws 2009, c. 233, § 230, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-303. Summons - Contents – Waiver of service.

A. 1. Upon the filing of the petition, the court shall schedule a hearing and shall issue a summons requiring the parents, legal guardian, custodian, the child if the child is twelve (12) or more years of age, and any other persons the court determines to be proper or necessary parties to the proceedings to appear personally before the court at the date, time, and place stated in the summons. The court may endorse upon the summons an order directing the parent, guardian, custodian, or other person having the physical custody or control of the child to bring the child to the hearing.
2. The summons shall be attached to a copy of the petition and shall advise the parties of the right to counsel, including the right of the child’s parent or legal guardian to court-appointed counsel if indigent.
3. The summons shall state the relief requested, including notice that child support may be ordered or modified and that the child’s paternity, if at issue, may be established.
4. The summons shall also contain, in type at least as large as the balance of the document, the following or substantially similar language: "FAILURE TO RESPOND TO THIS SUMMONS OR TO APPEAR AT THIS HEARING CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD (OR THESE CHILDREN) AS DEPRIVED CHILDREN AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD OR THE TERMINATION OF PARENTAL RIGHTS TO THIS CHILD."
B. A party other than the child may waive service of summons in writing or by voluntary appearance at the hearing. A child’s counsel may waive service of summons on the child’s behalf.
C. If it subsequently appears that a person who should have been served was not served and has not entered an appearance, the court shall immediately order the issuance of a summons which shall be served on the person.
Added by Laws 1968, c. 282, § 104, eff. Jan. 13, 1969. Amended by Laws 1977, c. 259, § 5, eff. Oct. 1, 1977; Laws 1981, c. 238, § 1, eff. Oct. 1, 1981; Laws 1988, c. 318, § 2, emerg. eff. July 6, 1988; Laws 1990, c. 238, § 3, emerg. eff. May 21, 1990; Laws 1993, c. 342, § 3, eff. July 1, 1993; Laws 1995, c. 352, § 18, eff. July 1, 1995. Renumbered from § 1104 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1996, c. 353, § 17, eff. Nov. 1, 1996; Laws 1998, c. 421, § 9, emerg. eff. June 11, 1998; Laws 2009, c. 233, § 23, emerg. eff. May 21, 2009. Renumbered from § 7003-3.4 of Title 10 by Laws 2009, c. 233, § 231, emerg. eff. May 21, 2009.