reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-9-112.1. Investigation of reported abuse or neglect - Written response.

A. In addition to the requirements of Section 1-9-112 of Title 10A of the Oklahoma Statutes, the investigation report of the Office of Client Advocacy concerning a report of abuse or neglect of a child in the legal custody of the Department of Human Services shall also be submitted to the Children and Family Services Division Director, or designee, within thirty (30) days from the date of the referral.
B. The Office of Client Advocacy investigation of a report of abuse or neglect of a child in the custody of the Department shall result in a written response within thirty (30) days from the date of the referral stating one of the following findings:
1. “Substantiated” means the Office of Client Advocacy has determined, after an investigation of a report of child abuse or neglect of a child in Department of Human Services custody and based upon some credible evidence, that child abuse or neglect occurred;
2. “Unsubstantiated” means the Office of Client Advocacy has determined, after an investigation of a report of child abuse or neglect of a child in Department of Human Services custody, that insufficient evidence exists to fully determine whether child abuse or neglect occurred; or
3. “Ruled out” means the Office of Client Advocacy has determined, after an investigation of a report of child abuse or neglect of a child in Department of Human Services custody, that no child abuse or neglect occurred.
Added by Laws 2012, c. 353, § 8, eff. Jan. 1, 2013.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-9-113. Provision of shelter and care to minor mothers who are victims of domestic abuse.

A. A youth service shelter facility may provide shelter and care to a minor mother, who is the victim of domestic abuse or is seeking relief from domestic abuse for herself or on behalf of any of her children or both herself and any of her children.
B. A youth service shelter facility may provide such shelter or care only during an emergency constituting an immediate danger to the physical health or safety of the minor mother or any of her children or both the minor mother and any of her children. Such shelter or care shall not extend beyond thirty (30) days unless the facility receives an order issued by a court to continue services or the parent or guardian of the minor mother consents to services.
C. The provisions of Section 856 of Title 21 of the Oklahoma Statutes shall not apply to any youth service shelter facility and any person operating such facility with regards to providing shelter and care pursuant to the provisions of this section to a minor mother and any of her children who is a runaway from her parent or legal guardian.
D. The show cause hearing provided for in Article IV of this Code shall be provided for the minor mother, who is seeking relief from domestic abuse for herself or on behalf of any of her children.
Added by Laws 1989, c. 157, § 1, emerg. eff. May 8, 1989. Amended by Laws 1995, c. 352, § 56, eff. July 1, 1995. Renumbered from § 607.1 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 2009, c. 233, § 70, emerg. eff. May 21, 2009. Renumbered from § 7004-3.5 of Title 10 by Laws 2009, c. 233, § 305, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-9-114. Recruitment of foster parents from child's relatives or from families of same minority racial or ethnic heritage.

A. The Department of Human Services and each child-placing agency shall make special efforts to recruit foster parents for children in their custody from suitable relatives and kin of the child, and shall make diligent efforts to recruit foster and adoptive families that reflect the ethnic and racial diversity of children for whom foster and adoptive homes are needed. Provided, however, no person shall be denied the opportunity to become a foster or adoptive parent on the basis of the race, color, or national origin of the person, or of the child involved. No child shall be delayed or denied placement into foster care or adoption on the basis of the race, color, or national origin of the adoptive or foster parent, or of the child involved.
B. Diligent efforts to recruit shall include, but shall not be limited to, contracting and working with community organizations and religious organizations, utilizing local media and other local resources, conducting outreach activities, and increasing the number of minority recruitment staff employed by the Department and the child-placing agency.
Added by Laws 1996, c. 353, § 10, eff. Nov. 1, 1996. Amended by Laws 2001, c. 415, § 14, emerg. eff. June 5, 2001; Laws 2009, c. 233, § 102, emerg. eff. May 21, 2009. Renumbered from § 7210 of Title 10 by Laws 2009, c. 233, § 306, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-9-115. Foster parent associations - State agencies to cooperate and promote development.

The Department of Human Services shall cooperate with and shall help promote development of foster parent associations in each county in this state. The state agency shall provide foster parent associations with data, information, and guidelines on the obligations, responsibilities, and opportunities of foster parenting and shall keep the associations and their members apprised of changes in laws and rules relevant to foster parenting.
Added by Laws 1996, c. 353, § 11, eff. Nov. 1, 1996. Amended by Laws 2009, c. 233, § 103, emerg. eff. May 21, 2009. Renumbered from § 7211 of Title 10 by Laws 2009, c. 233, § 307, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-9-116.1. Liability of foster parent.

A foster parent who is acting in good faith and pursuant to the reasonable and prudent parent standard shall not be liable for property damage or injuries caused by the child or injuries to the child placed in his or her care when the child engages in appropriate activities and such damage or injuries result from the inherent risks typically associated with such activities. Nothing in this section shall prevent or limit the liability of a foster parent if the foster parent commits an act or omission that constitutes willful or wanton disregard for the safety of the child or other persons or their property, and that act or omission caused the damage or injuries.
Added by Laws 2017, c. 342, § 8, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-9-120. See the following versions:

OS 10A-1-9-120v1 (HB2552, Laws 2018, c. 40, § 2).
OS 10A-1-9-120v2 (SB 533, Laws 2023, c. 221, § 1).
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-9-122. Supported guardianship program.

The Department of Human Services shall establish and administer an ongoing program of supported guardianship to assist families wishing to make a long-term commitment to a child by accepting guardianship of the child. The supported guardianship program shall enable the family to assume the parental role without ongoing Department oversight but allow the family to return to the Department for services as needed.
Added by Laws 1997, c. 389, § 21, eff. Nov. 1, 1997. Amended by Laws 2009, c. 233, § 42, emerg. eff. May 21, 2009. Renumbered from § 7003-5.6b of Title 10 by Laws 2009, c. 233, § 314, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-9-123. Policies and procedures for children and youth at risk of sex trafficking.

A. 1. The Department of Human Services shall, in consultation with state and local law enforcement, juvenile justice systems, health care providers, education agencies, and organizations with experience in dealing with at-risk children and youth, establish policies and procedures, including relevant training for caseworkers, for identifying, documenting in agency records and determining appropriate services for children and youth at risk of sex trafficking.
2. The policies and procedures shall be developed for every child or youth over whom the Department has responsibility for placement, care or supervision and shall apply when the Department has reasonable cause to believe a child or youth is currently, or is at risk of being, a victim of sex trafficking, including a child or youth:
a.
for whom the Department has an open case file, but who has not been removed from the home,
b.
who has run away from foster care and who has not attained eighteen (18) years of age, or
c.
who is not in foster care but is receiving services.
B. When notified a child or youth has run away or is missing from a foster placement, the Department shall, within twenty-four (24) hours of notification, report such status of the child or youth to local law enforcement, the National Crime Information Center, and to the National Center for Missing and Exploited Children.
C. The Department shall develop and implement specific protocols to:
1. Expeditiously locate any child or youth missing from foster care;
2. Determine the primary factors that contributed to the child or youth running away or otherwise being absent from foster care;
3. Respond, to the extent possible and appropriate, to those factors that contributed to the absence from care or runaway behaviors in the current and subsequent placements of the child or youth; and
4. Determine what the child or youth experienced while absent from care, that would include an appropriate screening to determine if the child or youth is a possible victim of sex trafficking.
D. The Department shall report to law enforcement authorities immediately, and in no case later than twenty-four (24) hours, after receiving information on a child or youth who has been identified as being a sex trafficking victim as defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes.
Added by Laws 2015, c. 173, § 11, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-9-124. Zero to Three Court Program.

District courts of this state are hereby authorized to establish a "Zero to Three Court Program", which may be established by a judge with jurisdiction over juvenile court matters with the goals of reducing time to permanency of children thirty-six (36) months of age or younger by surrounding at-risk families with support services, reducing incidences of repeat maltreatment among children thirty-six (36) months of age or younger, and promoting effective interaction and the use of resources among both public and private, state and local, child and family services agencies; state and local mental health agencies; and community agencies. The Department of Human Services, the Department of Mental Health and Substance Abuse Services and the Administrative Offices of the Courts shall collaborate to provide services to Zero to Three Court Programs as resources are available.
Added by Laws 2018, c. 256, § 4, emerg. eff. May 8, 2018.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-9-125. Ability for children 16 years or older to enter into housing contracts – Certification of unaccompanied status.

A. A child who is sixteen (16) years of age or older may enter into contracts to obtain housing if the child receives a certification of unaccompanied status from a youth services provider that is licensed, accredited, monitored or contracted by the Department of Human Services or the Department of Mental Health and Substance Abuse Services to provide care for an unaccompanied child pursuant to this section.
B. The certification provided in subsection A of this section shall show that the provider has determined the child is homeless, a victim of domestic violence or a victim of abuse as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes.
C. The provider shall issue the certification fourteen (14) days after sending notice via certified mail, return receipt requested, to the parent or legal guardian of the child. The notice shall include the child's full name, date of birth and a statement that the child is seeking to be certified by the agency as an unaccompanied child. If, after due diligence, the provider is unable to identify the whereabouts of the parent or legal guardian of the child, notice to the parent or legal guardian shall not be required.
D. In the event that the parent or legal guardian of the child contacts the provider and the provider believes that returning home would place the child at risk of abuse or neglect, the provider shall make a report to the Department of Human Services.
E. A certification of unaccompanied status pursuant to this section shall not discharge the parent or legal guardian of any parental or legal authority or duty regarding the care and custody of the child.
F. The Department of Human Services may promulgate rules for the purposes of implementing and administering this section.
Added by Laws 2021, c. 457, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-10-103. Child Welfare Review Committee for the Death and Near Death of Children With Disabilities.

A. There is hereby created, to continue until December 31, 2018, the "Child Welfare Review Committee for the Death and Near Death of Children With Disabilities". The purpose of the Committee shall be to study cases of the death and near death of children with disabilities who have previous child welfare involvement with or are in the custody and care of the Department of Human Services.
B. All meetings and records of the Committee shall be confidential and shall not be open to the general public or inspected or their contents disclosed.
C. The Committee shall consist of ten (10) members as follows:
1. The Speaker of the House of Representatives, or designee;
2. The President Pro Tempore of the Senate, or designee;
3. The Minority Leader of the House of Representatives, or designee;
4. The Minority Leader of the Senate, or designee;
5. The Attorney General, or designee;
6. The Director of the Department of Human Services, or designee;
7. The Advocate General of the Department of Human Services;
8. The Superintendent of Public Instruction, or designee;
9. The Chief Justice of the Oklahoma Supreme Court, or designee; and
10. A medical expert in children with disabilities, appointed by the Governor.
D. Appointments to the Committee shall be made by September 1, 2016. Members of the Committee shall serve at the pleasure of the appointing authority. A vacancy on the Committee shall be filled by the appointing authority.
E. The Committee shall conduct an organizational meeting not later than October 1, 2016. The Committee shall elect a chair and cochair at the organizational meeting. A majority of the members present at a meeting shall constitute a quorum to conduct business.
F. The Committee shall meet as often as necessary to review cases, but at least quarterly. Members of the Committee shall receive no compensation or travel reimbursement for their service.
G. Administrative support for the Committee including, but not limited to, personnel necessary to ensure the proper performance of the duties and responsibilities of the Committee shall be provided by the staff of the Oklahoma Commission on Children and Youth and the Department of Human Services.
H. The Committee shall issue a report of its findings to the Legislature and Governor no later than December 1, 2018. Any confidential or protected health information shall be redacted from the report.
Added by Laws 2016, c. 137, § 1, eff. July 1, 2016.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-2-1-101. Short title.

A. Article 2 of Title 10A of the Oklahoma Statutes shall be known and may be cited as the "Oklahoma Juvenile Code".
B. All statutes hereinafter enacted and codified in Article 2 of Title 10A of the Oklahoma Statutes shall be considered and deemed part of the Oklahoma Juvenile Code.
C. Chapter captions are part of the Oklahoma Juvenile Code, but shall not be deemed to govern, limit or in any manner affect the scope, meaning or intent of the provisions of any article or part of this Code.
D. The district attorney shall prepare and prosecute any case or proceeding within the purview of the Oklahoma Juvenile Code.
Added by Laws 1995, c. 352, § 70, eff. July 1, 1995. Amended by Laws 2009, c. 234, § 2, emerg. eff. May 21, 2009. Renumbered from § 7301-1.1 of Title 10 by Laws 2009, c. 234, § 168, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-2-1-102. Legislative intent - Construction of chapter - Purpose.

It is the intent of the Legislature that Article 2 of this title shall be liberally construed, to the end that its purpose may be carried out.
The purpose of the laws relating to juveniles alleged or adjudicated to be delinquent is to promote the public safety and reduce juvenile delinquency. This purpose should be pursued through means that are fair and just, that:
1. Recognize the unique characteristics and needs of juveniles;
2. Give juveniles access to opportunities for personal and social growth;
3. Maintain the integrity of substantive law prohibiting certain behavior and developing individual responsibility for lawful behavior;
4. Provide a system relying upon individualized treatment and best practice for the rehabilitation and reintegration of juvenile delinquents into society;
5. Preserve and strengthen family ties whenever possible, including improvement of home environment;
6. Remove a juvenile from the custody of parents if the welfare and safety of the juvenile or the protection of the public would otherwise be endangered;
7. Secure for any juvenile removed from the custody of parents the necessary treatment, care, guidance and discipline to assist the juvenile in becoming a responsible and productive member of society; and
8. Provide procedures through which the provisions of the law are executed and enforced and which will assure the parties fair hearings at which their rights as citizens are recognized and protected.
Added by Laws 1995, c. 352, § 71, eff. July 1, 1995. Amended by Laws 2009, c. 234, § 3, emerg. eff. May 21, 2009. Renumbered from § 7301-1.2 of Title 10 by Laws 2009, c. 234, § 168, emerg. eff. May 21, 2009. Amended by Laws 2013, c. 404, § 2, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-2-2-104.1. Diversion services.

A. Diversion services shall be offered to children who are at risk of being the subject of a child-in-need-of-supervision petition. Diversion services shall be designed to provide an immediate response to families in crisis and to divert children from court proceedings. Diversion services may be provided by outside agencies as designated by the district courts, juvenile bureaus, court employees, or a combination thereof.
B. Diversion services shall clearly document diligent attempts to provide appropriate services to the child and the family of the child unless it is determined that there is no substantial likelihood that the child and family of the child will benefit from further diversion attempts.
C. Where the primary issue is truancy, steps taken by the school district to improve the attendance or conduct of the child in school shall be reviewed and attempts to engage the school district in further diversion attempts shall be made if it appears that such attempts will be beneficial to the child.
D. Efforts to prevent the filing of the petition may extend until it is determined that there is no substantial likelihood that the child and family of the child will benefit from further attempts. Efforts at diversion may continue after the filing of the petition where it is determined that the child and family of the child will benefit therefrom.
E. A child-in-need-of-supervision petition shall not be filed during the period that the designated agency, juvenile bureau, or court employee is providing the diversion services. A finding that the case has been successfully diverted shall constitute presumptive evidence that the underlying allegations have been successfully resolved.
F. The designated agency, juvenile bureau, or court employee shall promptly give written notice to the child and family of the child whenever attempts to prevent the filing of the petition have terminated and shall indicate in the notice whether the efforts were successful or whether a child-in-need-of-supervision petition should be filed with the court. A petition may or may not be filed where diversion services have been terminated because the parent or other person legally responsible for the child failed to consent to the diversion plan or failed to actively participate in the services provided.
Added by Laws 2013, c. 404, § 7, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-2-2-105. Order removing child from home prohibited absent certain determinations.

No order of the court providing for the initial or continued removal of a child alleged or adjudicated delinquent or in need of supervision from the child’s home shall be entered unless the court finds that the continuation of the child in the home of the child is contrary to the welfare of the child. The order shall include either:
1. A determination as to whether or not reasonable efforts have been made to prevent the need for the removal of the child from the home or, as appropriate, reasonable efforts have been made to provide for the return of the child to the home; or
2. A determination as to whether or not an absence of efforts to prevent the removal of the child from the home is reasonable upon consideration of the family circumstances, the safety of the child and the protection of the public; or
3. A determination that reasonable efforts to prevent the removal of the child from the home or to reunify the child and family are not required because:
a.
a court of competent jurisdiction has determined that the parent has subjected the child to one of the following aggravated circumstances: abandonment, torture, chronic abuse, sexual abuse or chronic, life-threatening neglect of the child,
b.
a court of competent jurisdiction has determined that the parent has been convicted of one of the following:
(1)
murder of another child of the parent,
(2)
voluntary manslaughter of another child of the parent,
(3)
aiding or abetting, attempting, conspiring, or soliciting to commit such a murder or such a voluntary manslaughter, or
(4)
a felony assault that results in serious bodily injury to the child or another child of the parent, or
c.
the parental rights of the parent with respect to a sibling have been terminated involuntarily.
Added by Laws 1995, c. 352, § 117, eff. July 1, 1995. Amended by Laws 2002, c. 473, § 3, eff. Nov. 1, 2002; Laws 2009, c. 234, § 43, emerg. eff. May 21, 2009. Renumbered from § 7303-1.4 of Title 10 by Laws 2009, c. 234, § 178, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-2-2-106. Petition - Subsequent pleadings - Amended petitions.

A. If a child has been taken into custody pursuant to the provisions of the Oklahoma Juvenile Code before a petition has been filed, a petition shall be filed and summons issued within five (5) judicial days from the date of such assumption of custody, or custody of the child shall be relinquished to the parent of the child, legal guardian, legal custodian, or other responsible adult, unless otherwise provided for in the Oklahoma Juvenile Code.
B. No pleading subsequent to the petition is required, and the filing of any motion or pleading shall not delay the holding of the adjudicatory hearing.
C. A petition may be amended by order of the court at any time before an order of adjudication has been made, provided that the court shall grant the parties such additional time to prepare as may be required to insure a full and fair hearing. A petition shall be deemed to have been amended to conform to the proof where the proof does not change the substance of the act, omission or circumstance alleged. However, the court shall not amend the adjudicatory category prayed for in the petition.
D. A petition in a juvenile proceeding may be filed by the district attorney to determine if further action is necessary. The proceeding shall be entitled “In the matter of _______________, an alleged (delinquent) or (a child alleged to be in need of supervision)”. The petition shall be verified and may be upon information and belief. It shall set forth:
1. With particularity facts which bring the child within the purview of the Oklahoma Juvenile Code;
2. The name, age and residence of the child;
3. The names and residences of the parents of the child;
4. The name and residence of the legal guardian of the child, if applicable;
5. The name and residence of the person or persons having custody or control of the child;
6. The name and residence of the nearest known relative, if no parent or guardian can be found;
7. The relief requested; and
8. The specific law under which the child is charged and an endorsement of witnesses intended to be called by the petitioner, where the child is sought to be adjudged a delinquent child.
E. A copy of the petition shall be attached to and served with the summons.
Added by Laws 1995, c. 352, § 118, eff. July 1, 1995. Amended by Laws 2009, c. 234, § 44, emerg. eff. May 21, 2009. Renumbered from § 7303-1.5 of Title 10 by Laws 2009, c. 234, § 178, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-2-2-108. Examination by health care professionals - Order for treatment.

A. After a petition under the provisions of this article has been filed, the court may order the child to be examined and evaluated for medical issues, including behavioral health diagnoses, by a physician or other appropriate professional to aid the court in making the proper disposition concerning the child.
B. Whenever a child concerning whom a petition has been filed appears to be in need of nursing, medical or surgical care, the court may order the parent or other person responsible for the care and support of the child to provide such care in a hospital or otherwise. If the parent or other person fails to provide such care, the court may, after due notice, enter an order therefor, and the expense thereof, when approved by the court, shall be a charge upon the county, but the court may adjudge that the person having the duty under the law to support the child pay part or all of the expenses of such care. In an emergency the court may, when health or condition of the child may require it, cause the child to be placed in a public hospital or institution for treatment or special care, or in a private hospital or institution which will receive the child for like purpose, and consent to emergency treatment or surgery.
Added by Laws 1995, c. 352, § 120, eff. July 1, 1995. Amended by Laws 2002, c. 327, § 26, eff. July 1, 2002; Laws 2009, c. 234, § 46, emerg. eff. May 21, 2009. Renumbered from § 7303-1.7 of Title 10 by Laws 2009, c. 234, § 178, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-2-2-401.1. Definitions.

As used in Sections 2-2-401.1 through 2-2-401.7 of this title:
1. "Competent" and "competency" refer to a child's ability to understand the nature and objectives of a proceeding against the child or to assist in the child's defense. A child is incompetent if, due to developmental disability, developmental immaturity, intellectual disability, or mental illness, the child is presently incapable of understanding the nature and objective of proceedings against the child or of assisting in the child's defense;
2. "Credentialed forensic evaluator" means a licensed psychologist, psychiatrist or other physician with necessary education, training, and experience to perform juvenile competency evaluations, and who has been approved to render such opinions for the court;
3. "Developmental disability" means a severe and chronic disability that is attributable to a mental or physical impairment. Such disabilities include, but are not limited to, cerebral palsy, epilepsy, autism, or other neurological conditions that lead to impairment of general intellectual functioning or adaptive behavior;
4. "Developmental immaturity" means a condition based on a juvenile's chronological age and significant lack of developmental skills when the juvenile has no significant mental illness or intellectual disability;
5. "Intellectual disability" means a disability characterized by significant limitations both in intellectual functioning and in adaptive behavior as expressed in conceptual, social and practical adaptive skills;
6. "Mental illness" has the same meaning as in paragraph 11 of Section 5-502 of Title 43A of the Oklahoma Statutes; and
7. "Proceeding" means any delinquency or youthful offender proceeding under the Oklahoma Juvenile Code.
Added by Laws 2015, c. 398, § 1, eff. Jan. 1, 2016. Amended by Laws 2021, c. 386, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-2-2-401.2. Delinquency or youthful offender proceedings - Competency of child - Rebuttable presumption.

A. 1. At any time prior to or during delinquency or youthful offender proceedings pursuant to the Oklahoma Juvenile Code, the child's attorney, the district attorney, or the court may raise the issue of a child's competency to participate in the proceeding. If at the time the issue of competency is raised the child is not represented by counsel, the court shall immediately appoint counsel. The court shall stay all proceedings except to allow the filing of a delinquency petition or youthful offender information.
2. At any time prior to or during delinquency or youthful offender proceedings pursuant to the Oklahoma Juvenile Code, the Office of Juvenile Affairs may file a Motion to Intervene to raise the issue of a child's competency for any child in its custody.
3. In any delinquency or youthful offender proceeding pursuant to the Juvenile Code, if the child who is the subject of the proceeding is thirteen (13) years or older and if the child is not otherwise found to be developmentally disabled, developmentally immature, intellectually disabled, or mentally ill, there exists a rebuttable presumption that the child is competent. Such presumption applies only for making a determination as to whether the child is competent and shall not be used or applicable for any other purpose.
B. The court may find a child incompetent without ordering a competency evaluation or hearing if the district attorney and the child's attorney, and at least one of the child's parents, legal guardians, or guardian ad litem agree to the determination.
Added by Laws 2015, c. 398, § 2, eff. Jan. 1, 2016. Amended by Laws 2021, c. 386, § 2, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-2-2-401.3. Motion for determination of competency - Competency evaluation.

A. When the district attorney or the child's attorney has reasonable basis to believe that a child is incompetent to proceed in the delinquency or youthful offender proceeding, the party shall file a motion for determination of competency. The motion shall state that the child is incompetent to proceed and shall state facts sufficient to set forth the reasonable basis to conduct a competency evaluation. If the court raises the issue sua sponte, the court by written order shall set forth the reasonable basis that the child is incompetent to proceed.
B. Within five (5) judicial days after the motion is made, the court shall make one of the following determinations:
1. That the child is incompetent pursuant to subsection B of Section 2-2-401.2 of this title; or
2. Without conducting a hearing, that there exists a reasonable basis to conduct a competency evaluation; or
3. To schedule a hearing to determine whether there exists a reasonable basis to conduct a competency evaluation. Such hearing shall be held within ten (10) judicial days. The court's determination shall be announced no later than one (1) judicial day after the conclusion of the hearing.
C. If the court determines there is a reasonable basis for a competency evaluation or if the district attorney and the child's attorney agree to the evaluation, the court shall order a competency evaluation. If the court orders a competency evaluation, the court shall order that the competency evaluation be conducted in the least-restrictive environment, taking into account the public safety and the best interests of the child.
1. The court shall provide in its order that the evaluator shall have access to all relevant confidential and public records related to the child, including competency evaluations and reports conducted in prior delinquent or youthful offender proceedings. The court shall provide to the evaluator a copy of the delinquency petition or youthful offender information and the names and contact information for the judge, district attorney, child's attorney, and parents or legal guardians.
2. Within five (5) judicial days after the court orders an evaluation, the district attorney shall deliver to the evaluator copies of relevant police reports and other background information relevant to the child that are in the district attorney's possession.
3. Within five (5) judicial days after the court orders an evaluation, the child's attorney shall deliver to the evaluator copies of relevant police reports and other relevant records including, but not limited to, educational, medical, psychological, and neurological records that are relevant to the evaluation and that are in the attorney's possession.
Added by Laws 2015, c. 398, § 3, eff. Jan. 1, 2016. Amended by Laws 2021, c. 386, § 3, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-2-2-401.4. Credentialed forensic evaluators - Exceptions.

A. An evaluation ordered by the court shall be conducted by a credentialed forensic evaluator.
1. A credentialed forensic evaluator shall demonstrate education or training in the following areas as necessary for the focus of the evaluation ordered by the court:
a.
forensic evaluation procedures for juveniles, including accepted criteria used in evaluating competency,
b.
evaluation, diagnosis, and treatment of children and adolescents with developmental disability, developmental immaturity, intellectual disability, or mental illness,
c.
clinical understanding of child and adolescent development, and
d.
familiarity with competency standards in this state.
2. The Oklahoma Commission on Children and Youth shall establish procedures for ensuring the training and qualifications of individuals approved to conduct juvenile competency evaluations. The Commission shall provide a list of credentialed forensic evaluators to the Administrative Office of the Courts.
B. A court may appoint as evaluator a psychologist, psychiatrist, or other physician who does not meet the requirements of subsection A of this section only if exigent circumstances require the evaluator to have specialized expertise to examine the child that would not ordinarily be possessed by a psychologist, psychiatrist, or other physician who meets the requirements of a credentialed forensic evaluator.
Added by Laws 2015, c. 398, § 4, eff. Jan. 1, 2016.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-2-2-401.6. Competency hearing.

A. Not more than fifteen (15) judicial days after receiving the evaluator's report, the court shall conduct a hearing to determine the child's competency to participate in the proceeding. The court may continue the hearing for good cause shown.
B. The competency evaluation report shall be admissible in evidence. The evaluator may be called as a witness and be subject to cross examination by all parties. If authorized by the court, hearings held pursuant to this section may be conducted via teleconference or videoconference. If the court contacts the evaluator to obtain clarification of the report contents, the court shall promptly inform all parties and allow each party to participate in each contact.
C. In determining the competency of the child to participate in the proceeding the court shall consider the content of all competency evaluation reports admitted as evidence. The court may consider additional evidence introduced at the hearing by the district attorney and the child's attorney.
D. 1. Except as otherwise provided, the court shall make a written determination as to the child's competency based on a preponderance of the evidence within ten (10) judicial days after completion of the hearing. The burden of proof shall be on the moving party.
2. The court shall not find a child incompetent to proceed solely because the child is receiving or has received in-patient treatment as a voluntary or involuntary mentally ill patient pursuant to Section 5-501 et seq. of Title 43A of the Oklahoma Statutes, or is receiving or has received psychotropic or other medication, even if the child might become incompetent to proceed without that medication.
Added by Laws 2015, c. 398, § 6, eff. Jan. 1, 2016. Amended by Laws 2019, c. 167, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-2-2-401. Trial by jury.

In adjudicatory hearings to determine if a child is delinquent or in need of supervision, any person entitled to service of summons or the state shall have the right to demand a trial by jury, which shall be granted as in other cases, unless waived, or the judge on the judge's own motion may call a jury to try any such case. Such jury shall consist of six persons.
Added by Laws 1995, c. 352, § 124, eff. July 1, 1995. Renumbered from § 7303-4.1 of Title 10 by Laws 2009, c. 234, § 180, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-2-2-501. Dispositional hearings.

A. No later than forty (40) days after making an order of adjudication, the court shall hold a dispositional hearing, at which all evidence helpful in determining the proper disposition best serving the interest of the child and the public, including but not limited to oral and written reports, may be admitted and may be relied upon to the extent of its probative value, even though not competent for the purposes of the adjudicatory hearing.
B. Before making an order of disposition, the court shall advise the district attorney, the attorney of the child, the parents, guardian, custodian or responsible relative, and their counsel, of the factual contents and the conclusion of reports prepared for the use of the court and considered by it, and afford fair opportunity, if requested, to controvert them. An order of disposition shall include a specific finding and order of the court relative to the liability and accountability of the parents for the care and maintenance of the child as authorized by Section 2-2-703 of this title, unless custody is placed with the parent or parents of the child.
C. On its own motion or that of the district attorney, the attorney of the child or of the parent, guardian, custodian, responsible relative or counsel, the court may adjourn the hearing for a reasonable period to receive reports or other evidence and, in such event, shall make an appropriate order for detention of the child, or release of the child from detention subject to supervision by the court, during the period of the continuance.
D. In scheduling investigations and hearings, the court shall give priority to proceedings in which a child is in detention, or has otherwise been removed from his or her home, before an order of disposition has been made.
Added by Laws 1995, c. 352, § 130, eff. July 1, 1995. Amended by Laws 2009, c. 234, § 51, emerg. eff. May 21, 2009. Renumbered from § 7303-5.1 of Title 10 by Laws 2009, c. 234, § 181, emerg. eff. May 21, 2009. Amended by Laws 2013, c. 404, § 12, eff. Nov. 1, 2013; Laws 2014, c. 362, § 1, emerg. eff. May 28, 2014; Laws 2018, c. 155, § 2, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-2-2-505. Juvenile drug court program.

A. The court is hereby authorized to establish a juvenile drug court for the purpose of treating adjudicated juveniles who have a substance abuse disorder. The Department of Mental Health and Substance Abuse Services shall assist in the establishment of juvenile drug courts.
B. At the disposition hearing to set disposition of a case, the court may determine whether there are any statutory preclusions, other prohibitions, or program limitations that exist and are applicable to considering the juvenile for participation in the drug court program.
C. A juvenile drug court investigation shall be ordered by the court, upon the motion of the district attorney, the juvenile, or the judge, once the requirements of subsection B of this section are met. The court shall set a date for a hearing to determine final eligibility for admittance into the program.
D. Upon denial for consideration in the juvenile drug court program at the initial hearing, the case shall proceed as authorized by the Juvenile Code.
Added by Laws 1998, c. 33, § 1, emerg. eff. April 1, 1998. Amended by Laws 2005, c. 226, § 2, eff. Nov. 1, 2005; Laws 2009, c. 234, § 55, emerg. eff. May 21, 2009. Renumbered from § 7303-5.5 of Title 10 by Laws 2009, c. 234, § 181, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-2-2-601. Appeals.

A. Any interested party aggrieved by any order or decree may appeal to the Court of Criminal Appeals in the same manner as other appeals are taken to the Court of Criminal Appeals of this state.
B. The record on appeal of an order of adjudication or of an order certifying or denying certification of a juvenile to stand trial as an adult shall be completed and the appeal perfected within sixty (60) days after the date of the order.
C. The pendency of an appeal thus taken shall not suspend the order of the district court regarding a child, nor shall it discharge the child from the custody of that court or of the person, institution or agency to whose care such child has been committed, unless the Court of Criminal Appeals shall so order. The pendency of an appeal from an order of adjudication shall not prevent the district court from holding a dispositional hearing unless the appellate court shall so order. The pendency of an appeal from an order certifying a juvenile to stand trial as an adult shall not prevent the commencement of criminal proceedings against the juvenile unless stayed by the judge who issued the order of certification or by the appellate court. If the Court of Criminal Appeals does not dismiss the proceedings and discharge the child, it shall affirm or modify the order of the district court and remand the child to the jurisdiction of that court for supervision and care; and thereafter the child shall be and remain under the jurisdiction of the district court in the same manner as if such court had made such order without an appeal having been taken.
D. In the opinions of the appellate courts of this state in juvenile proceedings under the Oklahoma Juvenile Code, the initial of the surname of the child shall be used rather than the surname of the child.
Added by Laws 1995, c. 352, § 135, eff. July 1, 1995. Amended by Laws 2009, c. 234, § 60, emerg. eff. May 21, 2009. Renumbered from § 7303-6.2 of Title 10 by Laws 2009, c. 234, § 182, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-2-2-702. Referees.

A. Any judge who is assigned to hear juvenile cases in counties having a population in excess of eighty thousand (80,000) and where funding is available may appoint a suitable person or persons to act as referee or referees on a full-time or part-time basis, to hold office at the pleasure of the judge. Referees shall be licensed to practice law in this state and shall be specially qualified for their duties. Reasonable compensation shall be fixed by the presiding judge of the administrative district.
B. All referees are subject to the administrative authority and assignment power of the chief judge of the juvenile court of the county. The duties and powers of referees shall be to hear and report all matters assigned by the chief juvenile judge and to recommend findings of fact, conclusions of law, temporary and interim orders, and final orders of judgment.
C. 1. Upon the conclusion of the hearing, the referee shall provide a copy in writing of the recommended findings, conclusions, and orders to the parties, counsel and the referring judge instanter.
2. Unless stayed by order of the referee or the reviewing judge, all orders of a referee shall become immediately effective and shall continue in full force and effect until vacated or modified upon rehearing by order of the reviewing judge. Any order entered by a referee becomes a final order of the reviewing court upon expiration of three (3) judicial days following its entry, unless a review was ordered or requested. The chief judge of the juvenile court may establish requirements that any or all recommended orders of the referee must be expressly approved by the reviewing judge before becoming effective.
D. 1. Any party, as well as the Department of Human Services when the child is in the legal custody of the Department, may file a written objection to the referee’s recommendations within three (3) judicial days after notice of the recommendations. The objection shall clearly specify the reason and grounds for the objection. On receipt of the objection, the reviewing court shall set a hearing date for the review. The objecting party shall promptly provide a copy of the objection and notice of the review to the Department and all parties to the action. Failure to file a timely request for district court review shall constitute a waiver of any and all objections to the recommendations of the referee.
2. The review of the district court shall be limited to a review of the record developed before the referee.
3. The court shall accept the findings of fact of the referee unless they are clearly erroneous. After a review of the objection, the court may confirm or reconfirm the recommendations, reject, or modify them in whole or in part, receive further evidence, or remand them with instructions.
Added by Laws 1995, c. 352, § 141, eff. July 1, 1995. Amended by Laws 2009, c. 234, § 62, emerg. eff. May 21, 2009. Renumbered from § 7303-7.5 of Title 10 by Laws 2009, c. 234, § 183, emerg. eff. May 21, 2009. Amended by Laws 2010, c. 278, § 16, eff. Nov. 1, 2010.