reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 10. Children › §10-361. Santa Claus Commission - Creation - Membership - Christmas presents.

There is hereby created a commission to be known as the Santa Claus Commission. The Commission shall consist of three (3) members to be appointed by the Executive Director of the Office of Juvenile Affairs. The Santa Claus Commission shall have authority to provide or purchase, in accordance with the procedures in the Oklahoma Central Purchasing Act, a Christmas present for every child who is in the custody of the state residing in a child care institution of the Department of Human Services or the Office of Juvenile Affairs, a licensed child care institution or a group home or foster home, supported in whole or in part by the state, as defined by the Department of Human Services or the Office of Juvenile Affairs, who would not otherwise receive a present.
Added by Laws 1937, p. 100, § 1. Amended by Laws 1980, c. 144, § 1, emerg. eff. April 7, 1980; Laws 1983, c. 304, § 3, eff. July 1, 1983; Laws 1986, c. 42, § 1; Laws 1994, c. 45, § 1, eff. Sept. 1, 1994; Laws 1996, c. 247, § 1, eff; July 1, 1996.
2023 Oklahoma Statutes › Title 10. Children › §10-362. Meetings of Santa Clause Commission - Chairperson - Eligible recipients - Gifts and contributions.

The Executive Director of the Office of Juvenile Affairs shall appoint the chairperson of the Santa Claus Commission. The Commission shall meet at the call of the chairperson on at least a quarterly basis. The chairperson may call such other special meetings as may be necessary. The Commission shall work under the supervision and direction of the Office of Juvenile Affairs. Upon request of the Commission, the Department of Human Services and the Office of Juvenile Affairs shall provide the Commission with a list of the eligible institutions and number of children in such institutions which are eligible to receive gifts pursuant to Section 361 of this title. Said Commission is hereby expressly authorized to receive and accept, for and on behalf of the state, gifts and contributions from any person, firm, or individual, fairly and equally distributing such gifts and contributions to the children eligible for such gifts.
Added by Laws 1937, p. 100, § 2. Amended by Laws 1980, c. 144, § 2, emerg. eff, April 7, 1980; Laws 1983, c. 304, § 4, eff. July 1, 1983; Laws 1986, c. 42, § 2; Laws 1994, c. 45, § 2, eff. Sept. 1, 1994; Laws 1996, c. 247, § 2, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 10. Children › §10-363. Claims - Approval and payment.

All claims for the purchase of gifts under the terms and provisions of Sections 361 through 363 of this title shall be approved by the Executive Director of the Office of Juvenile Affairs and paid out of the funds herein as established by and for the benefit of the Santa Claus Commission.
Added by Laws 1937, p. 101, § 3. Amended by Laws 1983, c. 304, § 5, eff. July 1, 1983; Laws 1985, c. 178, § 9, operative July 1, 1985; Laws 1986, c. 42, § 3; Laws 1994, c. 45, § 3, eff. Sept. 1, 1994; Laws 1996, c. 247, § 3, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 10. Children › §10-401. Purpose and policy of law - Minimum standards.

A. Sections 401 through 418 of this title shall be known and may be cited as the "Oklahoma Child Care Facilities Licensing Act".
B. It is the declared purpose and policy of the Oklahoma Child Care Facilities Licensing Act, to:
1. Ensure maintenance of minimum standards for the care and protection of children away from their own homes;
2. Encourage and assist the child care facility toward maximum standards; and
3. Work for the development of sufficient and adequate services for child care through joint work of public, private and voluntary agencies. Whenever possible, child care facilities should help to preserve and restore family life for children.
C. In order to provide care for children in child care facilities, a license shall be obtained from the Department of Human Services, which is issued on the basis of meeting minimum standards which are essential for the health and welfare of the child or children placed for care with such agencies and individuals.
D. The Child Care Facilities Licensing Division within the Department of Human Services shall work with representatives from municipalities to develop a single child care licensure procedure for use by state and local entities.
Added by Laws 1953, p. 17, § 1. Amended by Laws 1963, c. 89, § 1, emerg. eff. May 23, 1963; Laws 1993, c. 122, § 1, emerg. eff. April 29, 1993; Laws 2001, c. 174, § 1, eff. Nov. 1, 2001; Laws 2002, c. 158, § 1, eff. Jan. 1, 2003; Laws 2009, c. 230, § 1, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10. Children › §10-405. Necessity and issuance of license – Temporary authorization.

A. No child care facility may be operated or maintained in this state, unless licensed or temporarily authorized by the Department of Human Services, except for the shelters certified by the Office of Juvenile Affairs pursuant to Section 2-7-202 of Title 10A of the Oklahoma Statutes; No new child care facility may be established without the prior approval of the Department, which shall be granted only after the Department is satisfied that the facility will meet minimum standards for a license to operate.
B. The Department shall not grant approval for a permit, or a license for a new child care facility to receive and care for children until:
1. All background investigation requirements are met pursuant to Section 404.1 of this title; and
2. All required training including, but not limited to, cardiopulmonary resuscitation (CPR), first aid, health and safety training, and minimum education requirements pursuant to licensing requirements have been completed for any person left alone with children.
C. The incorporation or domestication of a corporation organized for the purpose of operating a child care facility shall not exempt such corporation from compliance with the provisions of Sections 401 through 418 of this title.
D. An application for a license shall be made on forms provided by the Department and in the manner prescribed. Temporary authorization may be granted to allow the Department to investigate the activities and standards of care of the applicant. The Department may issue a license once it is satisfied that the applicant meets the requirements as provided in Sections 401 through 418 of this title. All licenses shall be in force unless revoked as authorized by Section 407 of this title.
Added by Laws 1953, p. 19, § 5. Amended by Laws 1963, c. 89, § 5, emerg. eff. May 23, 1963; Laws 1993, c. 122, § 5, emerg. eff. April 29, 1993; Laws 1999, c. 130, § 1, emerg. eff. April 26, 1999; Laws 2001, c. 174, § 6, eff. Nov. 1, 2001; Laws 2008, c. 296, § 4, eff. Nov. 1, 2008; Laws 2009, c. 338, § 1, eff. July 1, 2009; Laws 2011, c. 266, § 3, eff. Nov. 1, 2011; Laws 2012, c. 353, § 1, emerg. eff. June 8, 2012; Laws 2013, c. 308, § 6, eff. Nov. 1, 2013.
NOTE: Laws 2009, c. 230, § 6 repealed by Laws 2010, c. 2, § 1, emerg. eff. March 3, 2010.
2023 Oklahoma Statutes › Title 10. Children › §10-405.1. Comprehensive state plan for child care facilities – Federal requirements – Submission to Legislature.

A. The Department of Human Services shall collaborate with other appropriate agencies to develop a comprehensive Oklahoma state plan for child care.
B. The comprehensive plan shall:
1. Meet all requirements for child care state plans as periodically determined by the United States Department of Health and Human Services Administration for Children and Families Child Care Bureau; and
2. Be submitted to the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the Senate on a biannual basis.
Added by Laws 1998, c. 386, § 2, eff. July 1, 1998. Amended by Laws 2008, c. 296, § 5, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 10. Children › §10-405.2. Online child care database.

A. The Department of Human Services shall promulgate rules to establish and maintain an online database accessible to the public that contains information including, but not limited to:
1. The name, address, and phone number of all child care centers licensed by the Department of Human Services, and the name, address, and phone number of all child care homes licensed by the Department; and
2. A summary of substantiated complaint records and inspection reports generated by the Department.
B. Child care licensing records and inspection reports shall be maintained by the facility and be posted or made available to individuals pursuant to the licensing requirements promulgated by the Department.
Added by Laws 2008, c. 296, § 8, eff. Nov. 1, 2008. Amended by Laws 2009, c. 230, § 7, emerg. eff. May 21, 2009; Laws 2011, c. 266, § 4, eff. Nov. 1, 2011; Laws 2013, c. 308, § 7, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 10. Children › §10-405.3. Online Restricted Registry.

A. The Department of Human Services shall promulgate rules to establish and maintain the Restricted Registry, accessible to the public through an online database, to address:
1. A procedure for recording individuals on the Restricted Registry resulting from:
a.
a substantiated finding of abuse or neglect, as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes, by an individual when the abuse or neglect occurred to a child while in the care of a facility licensed, certified, operated or contracted by or with the Department or the Office of Juvenile Affairs. The provisions of this subparagraph shall apply to:
(1)
the Central Oklahoma Juvenile Center, the Oklahoma Juvenile Center for Girls and the Southwest Oklahoma Juvenile Center upon the effective date of this act, and
(2)
facilities licensed by, certified by or contracting with the Office of Juvenile Affairs after November 1, 2018,
b.
a revocation or denial of a child care facility license, and
c.
a specified criminal history of an individual, as defined by rules promulgated by the Department;
2. A procedure to provide notice and an opportunity for review to the individual and, if the individual is an employee of a facility licensed, certified, operated or contracted by or with the Office of Juvenile Affairs, to the facility prior to recording an individual on the Restricted Registry;
3. Disclosure requirements for information on the Restricted Registry; and
4. A procedure to prohibit licensure, ownership, employment, unsupervised access to children or residence in a facility or program licensed, certified, operated or contracted with by the Department or the Office of Juvenile Affairs.
B. The Restricted Registry shall include, but not be limited to:
1. The full name of the individual;
2. Information necessary to identify the individual; and
3. The date the individual was recorded on the Restricted Registry.
C. Nothing in this section shall be construed as to permit the placement of an operator of a child care facility on the Restricted Registry unless the operator:
1. Is the subject of a substantiated finding of child abuse or neglect;
2. Has been subject to a revocation or denial of a child care facility license; or
3. Has a specified criminal history, as defined by rules promulgated by the Department.
Added by Laws 2008, c. 296, § 9, eff. Nov. 1, 2008. Amended by Laws 2011, c. 266, § 5, eff. Nov. 1, 2011; Laws 2013, c. 308, § 8, eff. Nov. 1, 2013; Laws 2015, c. 158, § 1, eff. Nov. 1, 2015; Laws 2017, c. 253, § 2, eff. Nov. 1, 2017; Laws 2021, c. 218, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 10. Children › §10-405.4. Education requirements for child care center director – Master teacher – Replacement – Floor space requirements.

A. Any person with a bachelor's degree or postgraduate degree shall be considered as having met the educational requirements for a director of a full-time child care center required by the Department of Human Services. Nothing in this section shall be construed as to affect annual continuing education requirements. The director of a child care center may also qualify as a master teacher for children of all ages.
B. Any person replacing a master teacher at a child care center shall be granted a one-year probationary period to fulfill the educational qualifications required by the Department for a master teacher. The Department may extend the probationary period an additional year as long as the person is actively pursuing that goal.
C. Licensed child care facilities opened or expanded before November 1, 2016, shall have thirty-five (35) square feet of floor area per infant in rooms occupied only by infants. New construction and existing space not previously licensed for child care after November 1, 2016, shall have forty (40) square feet of floor area per infant in rooms occupied only by infants.
Added by Laws 2016, c. 382, § 1. Amended by Laws 2018, c. 76, § 1, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 10. Children › §10-405.5. Continuation of license upon inheritance or purchase of a facility.

A. An individual who inherits or purchases a licensed child care facility and operates the facility with the same personnel employed by the previous owner may continue to operate the facility under the same license and at the same star rating as the previous owner for a period of ninety (90) calendar days.
B. The Department of Human Services shall be notified of any change of ownership of a licensed child care facility by the next Department of Human Services business day and prior to the new owner assuming operations of the facility.
C. If individuals who receive ownership of a licensed child care facility through purchase or inheritance have met all requirements for owners of child care facilities by the end of the ninety-calendar-day period established in subsection A of this section, they may continue to operate the facility at the same star rating. If all requirements have not been met, the facility may not care for children until the facility is authorized to do so by the Department.
D. Nothing in this section shall be construed as prohibiting the Department from exercising its authority to revoke the license of a child care facility as provided in Section 407 of Title 10 of the Oklahoma Statutes during the ninety-calendar-day period established in subsection A of this section.
Added by Laws 2017, c. 233, § 1, eff. Sept. 1, 2017.
2023 Oklahoma Statutes › Title 10. Children › §10-406.1. Indian tribe-operated child care facility - Inspection agreement.

A. If an Indian tribe in this state that operates a child care facility elects to apply for a license for the facility pursuant to the Oklahoma Child Care Facilities Licensing Act, the Department of Human Services, the State Department of Health, and the State Fire Marshal may enter into an agreement with the Indian tribe to allow the state to conduct any inspections of the facility necessary to comply with the licensing provisions of the Oklahoma Child Care Facilities Licensing Act.
B. As part of the agreement authorizing the state to conduct inspections as provided in this section, the state and the Indian tribe may agree to a payment of a fee by the Indian tribe to the state in an amount not to exceed the reasonable cost to the state to conduct the inspections.
Added by Laws 2007, c. 85, § 1, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 10. Children › §10-408. Appeals.

A. Any licensee or applicant aggrieved by the decision of the Department of Human Services under Section 407 of this title may, within ten (10) days after the revocation or denial of the license, appeal to the district court of the county in which the child care facility is maintained and operated by filing with the clerk of the court a verified petition. Notice of such appeal shall be served on the Director of the Department within five (5) days of the date of its filing.
B. The licensee or applicant shall, within twenty (20) days of the filing of the appeal, file with the clerk of such court a transcript of the proceedings held pursuant to Section 407 of this title. The district court shall thereupon be vested with jurisdiction to review the proceedings of the Department; provided that, if the Department prevails, the judgment of the district court shall be that the decision of the Department be affirmed, and if the licensee or applicant prevails, the judgment of the court shall be that the revocation be set aside or the license issued or renewed, as the case may be. Pending the hearing of the appeal, the action of the Department revoking or denying the license or the granting thereof shall be stayed; provided, after the filing of an appeal, the district court, upon application by the Department and after an appropriate hearing, may grant a restraining order to enforce the decision of the Department.
Added by Laws 1953, p. 20, § 8. Amended by Laws 1963, c. 89, § 8, emerg. eff. May 23, 1963; Laws 1993, c. 122, § 8, emerg. eff. April 29, 1993; Laws 1999, c. 130, § 4, emerg. eff. April 26, 1999; Laws 2001, c. 174, § 9, eff. Nov. 1, 2001; Laws 2011, c. 266, § 6, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 10. Children › §10-409. Injunction.

Any person or child care facility may be enjoined from maintaining and operating such facility for violations of any provisions of this act by suit brought in the name of the state by the Attorney General of Oklahoma or by a district attorney.
Added by Laws 1953, c. 20, § 9. Amended by Laws 1963, c. 89, § 9, emerg. eff. May 23, 1963; Laws 2013, c. 308, § 11, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 10. Children › §10-410. Violations - Punishment.

Any person or agent, representative, or officer of any child care facility who violates any of the provisions of the Oklahoma Child Care Facilities Licensing Act shall, upon conviction, be deemed guilty of a misdemeanor and punished in accordance with the provisions of Section 10 of Title 21 of the Oklahoma Statutes. Whenever any agent, representative, or officer of any child care facility shall be convicted under authority of this act, such conviction shall be sufficient ground for the revocation of the entity’s license.
Added by Laws 1953, p. 20, § 10. Amended by Laws 1963, c. 89, § 10, emerg. eff. May 23, 1963; Laws 2001, c. 174, § 10, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 10. Children › §10-410.1. Quality of Care Development Fund.

There is established in the State Treasury a revolving fund to be known as the "Quality of Care Development Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all fines collected by the Department of Human Services pursuant to Section 407 of this title and shall, in addition to any other monies made available for such purpose, be available to the Director solely to support the continued improvement of the child care facilities in this state. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2008, c. 296, § 10, eff. Nov. 1, 2008. Amended by Laws 2012, c. 304, § 33.
2023 Oklahoma Statutes › Title 10. Children › §10-411. Certificate of immunization as condition for admission to day care facility - Waiver.

A. No person, firm, corporation, partnership or other legal entity operating a day care center or day care home in this state shall cause or permit a minor child two (2) months of age or older to be admitted to such facility unless and until the parent, guardian, or other related person of such child presents certification from a licensed physician or authorized representative of any state or local department of public health that such child has received or will receive immunization at the medically appropriate time against diphtheria, pertussis, tetanus, haemophilus influenzae type B (HIB), measles (rubeola), rubella, hepatitis A, varicella, and poliomyelitis; or presents such certification that the child is likely to be immune as a result of the disease. Provided, however, that in the event the parent, guardian, or other person presenting a child for admission to a day care center or day care home certifies in writing that a family emergency exists, the requirement imposed by this section may be waived for a period not to exceed thirty (30) days. Such certification shall be made prior to the provision of care. No such waiver shall be knowingly permitted more than once for any child.
B. The State Board of Health, by rule, may alter the list of immunizations required under this section after notice and hearing. Any change in the list of immunizations required shall be submitted to the next regular session of the Legislature and such change shall remain in force and effect unless and until a concurrent resolution of disapproval is passed. Hearings shall be conducted by the State Board of Health, or such officer, agents or employees as the State Board of Health may designate for that purpose. The State Board of Health shall give appropriate notice of the proposed change in the list of immunizations required and of the time and place for hearing. The change shall become effective on a date fixed by the State Board of Health. Any change in the list of immunizations required may be amended or repealed in the same manner as provided for its adoption. Proceedings pursuant to this subsection shall be governed by the Administrative Procedures Act.
Added by Laws 1979, c. 141, § 1, emerg. eff. May 3, 1979. Amended by Laws 1992, c. 13, § 1, emerg. eff. March 24, 1992; Laws 1998, c. 177, § 1, eff. Nov. 1, 1998; Laws 1998, c. 412, § 1, eff. Nov. 1, 1998.
NOTE: Laws 1998, c. 95, § 1 repealed by Laws 1998, c. 412, § 8, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 10. Children › §10-412. Manner and frequency of immunizations - Enforcement of act.

A. The immunizations required by this act, and the manner and frequency of their administration, as prescribed by the State Board of Health, shall conform to recognized standard medical practices in this state. The State Department of Health shall supervise and secure the enforcement of the required immunization program.
B. The Department of Human Services shall render reasonable assistance to the State Department of Health in the enforcement of the provisions of this act. This assistance shall be in the form of revocation or denial of the license of any facility not in compliance with this act.
Added by Laws 1979, c. 141, § 2, emerg. eff. May 3, 1979. Amended by Laws 2001, c. 174, § 11, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 10. Children › §10-413. Exemptions.

Any minor child, through his or her parent or guardian, may submit to the health authority charged with the enforcement of the immunization laws, a certificate of a licensed physician stating that the physical condition of the child is such that immunization would endanger the life or health of the child; or upon receipt of a written statement by the parent or guardian objecting to such immunizations because of religious or other reasons, then such child shall be exempt from the provisions of this act.
Added by Laws 1979, c. 141, § 3, emerg. eff. May 3, 1979. Amended by Laws 2001, c. 174, § 12, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 10. Children › §10-414. Administration of immunizations - Persons eligible - Indigent persons.

The immunizations shall be administered by, or under the direction of, a licensed physician, or by any local or state health department. If the parent or guardian is unable to pay, the State Department of Health shall provide, without charge, the immunization materials required by this act.
Laws 1979, c. 141, § 4, emerg. eff. May 3, 1979.
2023 Oklahoma Statutes › Title 10. Children › §10-415. Child with reportable contagious disease to be excluded from day care facility.

Any child afflicted with a reportable contagious disease shall be excluded from attending a day care center or day care home until such time as the period of communicability has elapsed as determined by a licensed physician or health department official. Such exclusion shall be reported to a local health department official.
Laws 1979, c. 141, § 5, emerg. eff. May 3, 1979.
2023 Oklahoma Statutes › Title 10. Children › §10-418. Authority to obtain evidence - Administration of oaths.

When conducting investigations of complaints as provided in this article, the Department of Public Welfare shall have the power to summon any person to appear and produce such books and papers as shall be designated in the summons, and to give testimony under oath concerning the matter and institution under investigation. The Department shall have the power to administer oaths to such persons as may be summoned and to enforce all such powers as are given to notaries public when they are taking depositions.
R.L.1910, § 8100; Laws 1978, c. 244, § 35, eff. July 1, 1978. Renumbered from Title 74, § 180 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982.
2023 Oklahoma Statutes › Title 10. Children › §10-420. Child Care Center Bill of Rights.

The Child Care Center Bill of Rights includes if a child care center or employee provides written documentation of completion of required training, the child care center shall not be found in noncompliance if computer documentation is not updated by the training provider.
Added by Laws 2015, c. 371, § 1, emerg. eff. June 4, 2015.
2023 Oklahoma Statutes › Title 10. Children › §10-425. Limits on local regulations pertaining to family child care home licensees.

Local governing authorities shall not promulgate local regulations that permit or require licensees of family child care homes as defined in Section 402 of Title 10 of the Oklahoma Statutes to exceed or limit the capacity provided by the license granted to the family child care home licensee by the Department of Human Services.
Added by Laws 2023, c. 180, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 10. Children › §10-440. Office of Child Care - Establishment - Qualification for federal child care and development block grant funds - Duties.

There is hereby established within the Department of Human Services the Office of Child Care. The Office of Child Care shall:
1. Develop a state child care plan to qualify for federal child care and development block grant funds.
Such plan shall:
a.
Provide to the maximum extent practicable that parents or guardians of each eligible child be given the option to enroll such child with a child care provider that has a grant or contract for the provision of child care services with the Department of Human Services, which is selected by the parent or guardian, or to receive a child care certificate, as defined in Chapter 6 of the Omnibus Budget Reconciliation Act of 1990, of value commensurate with the subsidy value of child care services provided through contract or grant;
b.
Provide that nothing in the plan shall preclude the use of child care certificates for sectarian child care services if freely chosen by the parents;
2. Oversee distribution of state and federal funds related to child care;
3. Provide technical assistance to employers who are interested in exploring child care benefits and community child care needs;
4. Assist the Oklahoma Department of Commerce in promoting Oklahoma as a state that cares about families and children;
5. Address barriers that limit the availability of care for children with handicaps, infants, school-age children and children whose parents work nontraditional hours;
6. Provide oversight, training and technical assistance to resource and referral programs;
7. Coordinate the provision of training statewide for child care providers;
8. Increase community awareness of the need for quality child care which is both available and affordable;
9. Serve as a clearinghouse for child care data, resources and initiatives;
10. Cooperate with the Office of Management and Enterprise Services regarding child care benefits for state employees; and
11. Advise parents that no outside child care can ever be as effective and beneficial as devoted loving care within the home, and encourage parents to care for their children themselves, in their own home, whenever possible.
Added by Laws 1991, c. 147, § 1. Renumbered from Title 63, § 1-240 by Laws 2012, c. 253, § 6, eff. Nov. 1, 2012. Amended by Laws 2012, c. 304, § 479.
NOTE: Laws 1991, c. 147, § 1, as renumbered by Laws 2012, c. 253, § 6 repealed by Laws 2013, c. 15, § 2, emerg. eff. April 8, 2013.
2023 Oklahoma Statutes › Title 10. Children › §10-452. Transfer of property, contracts and funds.

(a) All personal properties, records, equipment, and supplies now owned and in use by the above named institutions shall be transferred to and become the property of the Oklahoma Public Welfare Commission.
(b) All contracts, leases, and such other agreements as may have been entered into by the Board of Managers, relative to the above named institutions, and such responsibilities as are in effect on the effective date of this act shall be assumed by and become binding upon the Oklahoma Public Welfare Commission and Department of Public Welfare.
(c) All unexpended funds to the credit of the above named institutions shall be transferred by the State Treasurer to the State Department of Public Welfare and placed in a separate account with said State Treasurer. The account shall be known as the "State Homes and Training Schools Operation Fund."
Laws 1961, p. 18, § 2.
2023 Oklahoma Statutes › Title 10. Children › §10-453. Definitions.

(a) The term "Commission" when used in this act shall mean the Oklahoma Public Welfare Commission.
(b) The term "Director" when used in this act shall mean the Director of Public Welfare, who shall be the administrative officer of the Commission.
(c) The term "Department" when used in this act shall mean the State Department of Public Welfare.
Laws 1961, p. 18, § 3.
2023 Oklahoma Statutes › Title 10. Children › §10-454. Powers and duties of Commission and Director.

(a) The Commission is hereby authorized and directed to formulate and to be responsible for the administration and operation of a comprehensive and detailed plan for the purposes specified and as provided in Title 10 as compiled in O.S.1951, Sections 187, 211 - 223, 291 - 296, 301 - 304, and 311 - 327, inclusive, as amended, where not inconsistent with the provisions of this act.
(b) The Commission shall receive and expend in connection with such plan all funds made available to it by the United States Government, by the state or its political subdivisions, or by any other source for such purposes.
(c) The Commission shall establish and maintain such methods of administration, including those necessary to establish and maintain a merit system of personnel administration, as are necessary for the effective and efficient operation of the plan; shall maintain records and prepare reports of services rendered; and shall cooperate with law enforcement, health, medical, and welfare agencies and organizations, and with any other agency of this state and the political subdivisions charged with the administration of laws relating to juvenile delinquents.
(d) The Director of Public Welfare is hereby authorized and directed to perform those duties and functions now performed by the Board of Managers and Superintendents for such juvenile delinquents of said institutions and such other duties relating to this act as may be assigned by the Commission.
(e) The Commission is authorized to create positions, fix salaries, and employ necessary professional and clerical personnel.
(f) The Commission shall have authority to provide for the expenditure of all funds for the administration and operation of the institutions as specified in this act.
Laws 1961, p. 18, § 4.
2023 Oklahoma Statutes › Title 10. Children › §10-455. Laws not inconsistent to remain in effect.

All laws now in effect contained in Title 10, Chapters 9, 10, 11, 13, 14, and 15, Sections 187, 211 - 223, 291 - 296, 301 - 304, and 311 - 327, inclusive, as set out in Title 10, O.S.1951, as amended, not inconsistent herewith, relative to what children are to be released or returned, duties of state agent, offenses, commitment by juvenile courts and other courts of record, transportation expenses, placing children into private homes, indenture and adoption, the report of treatment, records kept in each institution, limitation of expenditures, annual reports of said institutions, and also the laws now in force relative to food, clothing, and bedding, uniform plan of credits, the daily journal to be kept by the superintendent of each institution, and such other laws as are not in conflict with this act are declared to remain in full force and effect.
Laws 1961, p. 18, § 5.
2023 Oklahoma Statutes › Title 10. Children › §10-551. Authorization.

The technique of heterologous artificial insemination may be performed in this State by persons duly authorized to practice medicine at the request and with the consent in writing of the husband and wife desiring the utilization of such technique for the purpose of conceiving a child or children.
Laws 1967, c. 305, § 1, emerg. eff. May 11, 1967.
2023 Oklahoma Statutes › Title 10. Children › §10-553. Persons authorized - Consent.

No person shall perform the technique of heterologous artificial insemination unless currently licensed to practice medicine in this State, and then only at the request and with the written consent of the husband and wife desiring the utilization of such technique. The said consent shall be executed and acknowledged by both the husband and wife and the person who is to perform the technique, and the judge having jurisdiction over adoption of children, and an original thereof shall be filed under the same rules as adoption papers. The written consent so filed shall not be open to the general public, and the information contained therein may be released only to the persons executing such consent, or to persons having a legitimate interest therein as evidenced by a specific court order.
Laws 1967, c. 305, § 3, emerg. eff. May 11, 1967.
2023 Oklahoma Statutes › Title 10. Children › §10-554. Legal status of child or children born as result of heterologous oocyte donation.

Any child or children born as a result of a heterologous oocyte donation shall be considered for all legal intents and purposes, the same as a naturally conceived legitimate child of the husband and wife which consent to and receive an oocyte pursuant to the use of the technique of heterologous oocyte donation.
Added by Laws 1990, c. 272, § 8, eff. Sept. 1, 1990.
2023 Oklahoma Statutes › Title 10. Children › §10-555. Rights, obligations and interest of oocyte donor respecting child and child respecting donor.

An oocyte donor shall have no right, obligation or interest with respect to a child born as a result of a heterologous oocyte donation from such donor. A child born as a result of a heterologous oocyte donation shall have no right, obligation or interest with respect to the person who donated the oocyte which resulted in the birth of the child.
Added by Laws 1990, c. 272, § 9, eff. Sept. 1, 1990.
2023 Oklahoma Statutes › Title 10. Children › §10-556. Human embryo transfer and donation – Consents – Legal rights, obligations or interests.

A. 1. No person shall perform the technique of human embryo transfer unless currently licensed to practice medicine in this state, and then only at the request and with the written consent of the husband and wife desiring to receive the human embryo transfer. In addition, the written consent of the husband and wife donating the human embryo shall be obtained by the physician.
2. The written consent of the husband and wife desiring to receive the human embryo transfer shall be executed and acknowledged by both the husband and wife, by the physician who is to perform the technique, and by any judge of a court having adoption jurisdiction in this state. The original of the executed consent shall be filed with the court in conformity to Section 553 of Title 10 of the Oklahoma Statutes.
3. The original of the written consent of the husband and wife donating the human embryo shall be filed with the court by the physician performing the technique.
4. The written consents so filed shall not be open to the general public. The information contained therein, may be released only to persons having a legitimate interest therein as evidenced by a specific court order.
B. 1. Any child or children born as a result of a human embryo transfer donation shall be considered for all legal intents and purposes, the same as a naturally conceived legitimate child of the husband and wife that consent to and receive a human embryo transfer.
2. The husband and wife donating the human embryo shall be relieved of all parental responsibilities for any child or children resulting from the human embryo transfer.
C. The husband and wife donating the embryo shall have no right, obligation or interest with respect to a child born as a result of the donation or to the property of the child by descent or distribution.
D. A child born as a result of an embryo transfer donation shall have no right, obligation or interest with respect to the husband and wife who donated the embryo.
E. The transfer and donation of human embryos pursuant to this section shall not be construed as trafficking in children if:
1. The human embryo is donated by the biological parents of the embryo;
2. The human embryo is not at anytime offered for sale or sold; and
3. The human embryo transfer and donation is made pursuant to the provisions of this section.
Added by Laws 2000, c. 188, § 1, emerg. eff. May 8, 2000.
2023 Oklahoma Statutes › Title 10. Children › §10-557.1. Policy.

It is the policy of the State of Oklahoma to allow private parties to enter into gestational agreements in order to help facilitate the birth of children to parents who are not otherwise able to conceive or carry them, to allow the gestational carriers of such children to be properly compensated for providing this important and selfless undertaking and to provide a mechanism to ensure that gestational agreements will be enforced and that the expectations of the parties to gestational agreements will be protected.
Added by Laws 2019, c. 433, § 2, emerg. eff. May 23, 2019.
2023 Oklahoma Statutes › Title 10. Children › §10-557.3. Gestational agreement – Legal contract.

A. Any prospective gestational carrier who meets the requirements for gestational carriers pursuant to the Oklahoma Gestational Agreement Act and the gestational spouse, if applicable, may enter into a gestational agreement with one or more intended parents of a child to be conceived pursuant to such gestational agreement.
B. A gestational agreement must meet the minimum requirements under this act, including validation by the court. A gestational agreement that conforms to these requirements and has been validated in compliance with this act is a legal contract and is legally enforceable.
C. A gestational agreement under this act shall be governed by Oklahoma law, and this act shall control over any other law which conflicts with the express terms of this act insofar as such other law relates to the creation, validation or enforcement of gestational agreements, the rights and obligations of the parties thereto and any children born as a result thereof.
D. A gestational carrier arrangement carried out under a validated gestational agreement in compliance with this act shall not be considered trafficking in children.
Added by Laws 2019, c. 433, § 4, emerg. eff. May 23, 2019.
2023 Oklahoma Statutes › Title 10. Children › §10-557.4. Gestational carrier - Qualifications.

A. In order to serve as a gestational carrier under a gestational agreement, the gestational carrier must:
1. Be at least twenty-one (21) years of age at the time she enters into the gestational agreement;
2. Have given birth to at least one child;
3. Have been a resident of Oklahoma for at least ninety (90) consecutive days immediately preceding the date she enters into the gestational agreement, unless one or more intended parent has been a resident of Oklahoma for at least ninety (90) consecutive days immediately preceding the date the gestational carrier enters into the agreement;
4. Have completed a physical medical evaluation relating to the anticipated pregnancy; and
5. Have completed a mental health consultation.
B. Each intended parent of a child to be born pursuant to a gestational carrier agreement must have completed a mental health consultation.
Added by Laws 2019, c. 433, § 5, emerg. eff. May 23, 2019.
2023 Oklahoma Statutes › Title 10. Children › §10-557.5. Necessary parties to agreement - Requirements.

A. The following persons, and only the following persons, are necessary parties to a gestational agreement, and a gestational agreement shall not be validated if all such applicable necessary parties have not joined in the gestational agreement in compliance with the Oklahoma Gestational Agreement Act:
1. The gestational carrier;
2. The gestational spouse, if applicable; and
3. Each intended parent of a child to be born pursuant to a gestational carrier arrangement.
B. The following requirements apply to the necessary parties to a gestational agreement, and failure to meet such requirements shall prevent a court from validating the gestational agreement:
1. The gestational carrier, the gestational spouse, if applicable, and each intended parent must be at least twenty-one (21) years of age at the time the parties enter into the gestational agreement;
2. No more than two intended parents may be party to a gestational agreement;
3. If an intended parent is married, then that intended parent's spouse must be a party to the gestational agreement as an intended parent;
4. If there are two intended parents that are party to a gestational agreement, then they must be married to each other; and
5. No person may be a party to a gestational agreement under this act if such person is in the United States illegally pursuant to the immigration laws of the United States in effect at the time of a gestational agreement.
Added by Laws 2019, c. 433, § 6, emerg. eff. May 23, 2019.
2023 Oklahoma Statutes › Title 10. Children › §10-557.7. Validated agreement required prior to transfer of gametes or embryos.

A. A gestational agreement must be validated as provided by the Oklahoma Gestational Agreement Act prior to the transfer of gametes or embryos to the gestational carrier for the purpose of conception or implantation under a gestational carrier arrangement.
B. Nothing in this act shall prohibit any of the following, undertaken in compliance with applicable law, even though a gestational agreement is not yet validated:
1. The gestational carrier from undertaking a medical or hormonal regimen designed to increase the likelihood of conception or implantation;
2. One or more intended parents or one or more donors from undertaking a medical or hormonal regimen designed to aid in the production or vitality of gametes;
3. The acquisition, retrieval, collection, creation, growth, testing or storage of gametes from one or more intended parents or one or more donors; or
4. The acquisition, retrieval, collection, creation, growth, testing or storage of embryos derived from the gametes of one or more intended parents or one or more donors.
Added by Laws 2019, c. 433, § 8, emerg. eff. May 23, 2019.
2023 Oklahoma Statutes › Title 10. Children › §10-557.8. Limited enforceability of an unvalidated agreement.

A. A gestational agreement that is not validated as provided by the Oklahoma Gestational Agreement Act is unenforceable except to the extent expressly provided by this act.
B. The parent-child relationship for a child born as a result of an assisted reproduction procedure under a gestational agreement that is not validated as provided by this act is determined as otherwise provided by Oklahoma law.
C. A gestational agreement that has not been validated shall nonetheless be enforceable to the extent it requires any party under such gestational agreement to pay for or to reimburse any other party for any medical, legal or travel expenses incurred pursuant to the gestational agreement.
Added by Laws 2019, c. 433, § 9, emerg. eff. May 23, 2019.
2023 Oklahoma Statutes › Title 10. Children › §10-557.9. Procedure to obtain court validation.

The following shall be the procedure to request that the court validate a gestational agreement:
1. Any one or more of the parties to a gestational agreement shall file a petition to validate the gestational agreement in a district court having jurisdiction as provided by the Oklahoma Gestational Agreement Act;
2. A petition to validate the gestational agreement shall, at a minimum, provide:
a.
the names and current addresses, if known, of each party to the gestational agreement,
b.
allegations setting forth the satisfaction of this act's requirements for a gestational agreement and the parties thereto,
c.
if any of the parties to a gestational agreement have not joined the petition, the identity of such parties and, if known, the reasons such parties have not joined the petition,
d.
whether or not any assisted reproduction procedures have taken place as part of the gestational carrier arrangement and, if so, the date of each such procedure and whether such procedures have resulted in pregnancy of the gestational carrier, and
e.
a request that the court validate the gestational agreement, as well as a request setting forth any additional relief sought in connection with the validation of the gestational agreement;
3. A complete, unredacted copy of the gestational agreement must be attached to the petition;
4. The petitioner shall attach affidavits, declarations, statements, other evidence or any combination thereof to the petition to support the allegations in the petition regarding the satisfaction of the requirements of this act and to aid the court in its determination of whether the requirements to validate the gestational agreement have been met; and
5. Any party not joining the petition to validate shall be served with a copy of the petition to validate and a summons in the same manner as in civil cases. After being so duly served, the nonjoining party shall answer and respond to the petition to validate within ten (10) days and shall provide allegations and evidence to aid the court in its determination of whether the requirements to validate the gestational agreement have been met. The failure of any nonjoining party to answer or otherwise respond after being duly served shall not prevent the court from validating a gestational agreement if the requirements of this act are otherwise satisfied.
Added by Laws 2019, c. 433, § 10, emerg. eff. May 23, 2019.
2023 Oklahoma Statutes › Title 10. Children › §10-557.11. Rights of child – Parent-child relationship.

A. Upon the validation by the court of a gestational agreement conforming with the requirements of the Oklahoma Gestational Agreement Act, any child born as a result of an assisted reproduction procedure to a gestational carrier under the gestational agreement shall be considered at law in all respects the same as a naturally conceived legitimate child of the intended parents. The parent-child relationship shall exist solely between such intended parents and such child regardless of the fact that the gestational carrier gave birth to the child or that the spouse of the gestational carrier is or was married to the gestational carrier at or before the time of such birth. The gestational carrier and any spouse of the gestational carrier if she is married shall have no parental rights or obligations with respect to such child.
B. A person acting in the capacity of a donor shall not be a parent of a child conceived as a result of assisted reproduction under a gestational carrier arrangement and shall have no rights or obligations with respect to such child.
Added by Laws 2019, c. 433, § 12, emerg. eff. May 23, 2019.