reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-903. Order to terminate parent-child legal relationship – Show cause.

If the court finds from the information presented by the Department of Human Services that the permanency plan for the child should be adoption, the court may order the district attorney to show cause why it should not file a petition or motion to terminate the parent-child legal relationship pursuant to Section 1-4-903 of this title. Good cause may include, but need not be limited to, any of the following conditions:
1. At the option of the Department or by order of the court, the child is properly being cared for by a relative;
2. The Department has documented a compelling reason for determining that filing a petition to terminate parental rights would not serve the best interests of the child; or
3. The state has not provided to the family of the child, consistent with the time period in the state case plan, such services as the state deems necessary for the safe return of the child to the child’s home, if reasonable efforts are required to be made with respect to the child.
Added by Laws 2009, c. 233, § 128, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-906. Effect of termination of parental rights.

A. The termination of parental rights terminates the parent-child relationship, including:
1. The parent's right to the custody of the child;
2. The parent's right to visit the child;
3. The parent's right to control the child's training and education;
4. The parent's right to apply for guardianship of the child;
5. The necessity for the parent to consent to the adoption of the child;
6. The parent's right to the earnings of the child; and
7. The parent's right to inherit from or through the child.
Provided, that nothing herein shall in any way affect the right of the child to inherit from the parent.
B. 1. Except for adoptions as provided in paragraph 3 of this subsection, termination of parental rights shall not terminate the duty of either parent to support his or her minor child.
2. Any order terminating parental rights shall indicate that the duty of the parent to support his or her minor child will not be terminated unless the child is subsequently adopted as provided by paragraph 3 of this subsection.
3. Child support orders shall be entered by the court that terminates parental rights and shall remain in effect until the court of termination receives notice from the placing agency that a final decree of adoption has been entered and then issues an order terminating child support and dismissing the case.
C. The Department of Human Services shall not recommend a parent who has had his or her parental rights terminated to seek guardianship of a child in the custody of the Department.
Added by Laws 1968, c. 282, § 132, eff. Jan. 13, 1969. Amended by Laws 1994, c. 356, § 10, eff. Sept. 1, 1994; Laws 1995, c. 352, § 67, eff. July 1, 1995. Renumbered from § 1132 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 2009, c. 233, § 78, emerg. eff. May 21, 2009. Renumbered from § 7006-1.3 of Title 10 by Laws 2009, c. 233, § 265, emerg. eff. May 21, 2009. Amended by Laws 2019, c. 94, § 2, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-907. Vesting authority to consent to adoption.

If the court terminates the rights of a parent and places the child with an individual or agency, the court may vest in such individual or agency authority to consent to the adoption of the child. Provided, that when the court places the child with the Department of Human Services, it shall vest the Department with authority to place the child and, upon notice to the court that an adoption petition has been filed concerning the child, vest the Department with authority to consent to the adoption of the child, and the jurisdiction of the committing court shall terminate upon a final decree of adoption.
Added by Laws 2009, c. 233, § 129, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-4-908. Failure of parental rights to be terminated at trial – Permanency hearing – Continuing jurisdiction.

A. When parental rights are not terminated as a result of a trial, the court shall set the matter for a permanency hearing within thirty (30) days.
B. The failure of parental rights to be terminated at trial shall not deprive the court of its continuing jurisdiction over the child, nor shall it require reunification of the child with the parent if the child has been adjudicated to be deprived.
Added by Laws 2009, c. 233, § 130, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-5-101. Appeal of order or decree.

A. Any interested party aggrieved by any order or decree may appeal to the Supreme Court pursuant to Section 1-5-103 of this title and the rules of the Supreme Court of this state.
B. The pendency of an appeal thus taken shall not suspend the order of the district court regarding a child, nor shall it remove 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 Supreme Court shall so order, except as provided in Section 1-4-801 of this title. 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.
Added by Laws 1968, c. 282, § 123, eff. Jan. 13, 1969. Amended by Laws 1975, c. 192, § 1, emerg. eff. May 23, 1975; Laws 1977, c. 79, § 4; Laws 1995, c. 352, § 35, eff. July 1, 1995. Renumbered from § 1123 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1996, c. 200, § 7, eff. Nov. 1, 1996; Laws 1999, c. 396, § 8, emerg. eff. June 10, 1999; Laws 2006, c. 205, § 5, eff. Nov. 1, 2006; Laws 2007, c. 268, § 2, eff. Nov. 1, 2007; Laws 2009, c. 233, § 47, emerg. eff. May 21, 2009. Renumbered from § 7003-6.2 of Title 10 by Laws 2009, c. 233, § 266, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-5-102. Initial of child's surname required in court opinions.

In opinions of the appellate courts of this state in proceedings including, but not limited to, deprived, adoption, paternity proceedings and other proceedings under this title, the initial of the child's surname shall be used rather than the name of the child.
Added by Laws 1977, c. 259, § 14, eff. Oct. 1, 1977. Amended by Laws 1995, c. 352, § 36, eff. July 1, 1995. Renumbered from § 1123.1 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1996, c. 247, § 6, eff. July 1, 1996; Laws 2009, c. 233, § 49, emerg. eff. May 21, 2009. Renumbered from § 7003-6.3 of Title 10 by Laws 2009, c. 233, § 267, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-5-103. Time for filing petition - Briefing schedule – Priority basis expediting of adjudication.

A. All appeals of cases involving deprived or allegedly deprived children, including termination of parental rights, shall be initiated by filing a petition in error in the Supreme Court within thirty (30) days of the order appealed from. The record on appeal shall be completed within sixty (60) days from the date of the order.
B. The briefing schedule is established as follows:
1. Appellant's brief in chief shall be filed twenty (20) days after the trial court clerk notifies all parties that the record is complete and such notice has been filed in the office of the Clerk of the Supreme Court;
2. Appellee's answer brief shall be filed fifteen (15) days after the appellant's brief in chief is filed; and
3. Appellant's reply brief may be filed within ten (10) days after the appellee's answer brief is filed.
C. 1. Adjudication of the appeals described in this section shall be expedited by the Supreme Court and a decision shall be rendered on a priority basis in all cases.
2. The term “priority basis” as used in this section means that a decision shall be filed within six (6) months from the date the briefing is completed.
Added by Laws 1981, c. 289, § 8, eff. Oct. 1, 1981. Amended by Laws 1995, c. 352, § 37, eff. July 1, 1995. Renumbered from § 1123.2 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1996, c. 200, § 9, eff. Nov. 1, 1996; Laws 2009, c. 233, § 50, emerg. eff. May 21, 2009. Renumbered from § 7003-6.4 of Title 10 by Laws 2009, c. 233, § 268, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-6-104. Redaction of other children's information.

Where more than one child is included in a juvenile court record, the court may order the names and information of the other children redacted as a condition of granting access or copies of the record. Alternatively, the court may prohibit disclosure of the record where redaction is not practical or possible.
Added by Laws 2009, c. 233, § 132, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-6-106. Filing of social records with the court.

Social records as defined by the Oklahoma Children’s Code shall not be filed in the court record unless so ordered by the court. If filed in the court record, the social records shall be placed in confidential envelopes in the court file and may only be accessed by the person who is the subject of the records, or attorney for such person, except as provided by Section 1-6-103 of this title.
Added by Laws 2009, c. 233, § 133, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-6-107. Confidentiality - Violation - Penalty.

A. The reports required by Section 1-2-101 of this title and all other information acquired pursuant to the Oklahoma Children’s Code shall be confidential and may be disclosed only as provided by this Code, applicable state or federal law, regulation, or court order.
B. The confidential records and information that are authorized to be disclosed pursuant to this Chapter shall remain confidential and the use of such information shall be limited to the purposes for which disclosure is authorized. Persons or agencies obtaining records pursuant to this Chapter are prohibited from disclosing the contents of such records to another person or agency unless specifically authorized to do so by law or by the terms of a court order.
C. The disclosure of any confidential records or information made by the Department of Human Services pursuant to law or court order shall not be deemed a waiver of confidentiality or privilege, and any recipient of such records or information shall protect them against unauthorized disclosure and maintain them confidentially and in compliance with state and federal law.
D. Any person or agency who knowingly permits, assists, or encourages the release, disclosure, or use of confidential records or information for any commercial, political, or unauthorized purpose may be prosecuted for contempt of court or for a misdemeanor, which shall, upon conviction, be punishable by up to six (6) months in jail, by a fine of Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
Added by Laws 1995, c. 353, § 7, eff. Nov. 1, 1995. Amended by Laws 1998, c. 416, § 15, eff. Nov. 1, 1998; Laws 2009, c. 233, § 84, emerg. eff. May 21, 2009. Renumbered from § 7107 of Title 10 by Laws 2009, c. 233, § 273, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-6-108. Maintenance of records.

Court and agency records required to be maintained pursuant to law regarding deprived children shall be maintained by the court or agency until otherwise provided by law.
Added by Laws 1995, c. 352, § 64, eff. July 1, 1995. Renumbered from § 7005-1.8 of Title 10 by Laws 2009, c. 233, § 274, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-7-102. Responsibility for deprived children.

A. It shall be the responsibility of the Department of Human Services to provide care for deprived children who are committed to the custody of the Department.
B. The Department shall provide for the care of such children pursuant to Chapter IX of this Code.
Added by Laws 1968, c. 282, § 136, eff. Jan. 13, 1969. Amended by Laws 1982, c. 312, § 27, operative Oct. 1, 1982; Laws 1990, c. 238, § 8, emerg. eff. May 21, 1990; Laws 1992, c. 298, § 34, eff. July 1, 1993; Laws 1994, c. 320, § 1, eff. Sept. 1, 1994; Laws 1995, c. 352, § 6, eff. July 1, 1995. Renumbered from § 1136 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 2000, c. 374, § 7, eff. July 1, 2000; Laws 2009, c. 233, § 14, emerg. eff. May 21, 2009. Renumbered from § 7002-2.1 of Title 10 by Laws 2009, c. 233, § 276, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-7-106. Placement of child into foster care.

A. When a child is placed into foster care, the child shall, when possible, be placed with relatives, or other persons having a kinship relationship with the child, who are determined to be suitable, capable and willing to serve as caretakers for the child; provided however, if the child is determined to be an Indian child, as defined by the federal and state Indian Child Welfare Acts, the placement preferences specified by Section 1915 of Title 25 of the United States Code and Section 40.2 of Title 10 of the Oklahoma Statutes shall apply.
B. A foster care placement shall be made that:
1. Meets the treatment needs of the foster child and supports the permanency plan for that child and the family of that child;
2. Follows the reasonable and prudent parent standard of care for the foster child while at the same time encouraging the emotional and developmental growth of the child when determining whether to allow the child to participate in extracurricular, enrichment, cultural, and social activities;
3. Is in the best interests of the child; and
4. Complies with all requirements of this section, subject to an appropriate sanction for noncompliance.
Added by Laws 1996, c. 353, § 2, eff. Nov. 1, 1996. Amended by Laws 1997, c. 389, § 9, eff. Nov. 1, 1997; Laws 1998, c. 414, § 2, emerg. eff. June 11, 1998; Laws 2009, c. 233, § 93, emerg. eff. May 21, 2009. Renumbered from § 7202 of Title 10 by Laws 2009, c. 233, § 280, emerg. eff. May 21, 2009. Amended by Laws 2015, c. 173, § 8, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-7-107. Placement with siblings – Contact and visitation with siblings.

A. When two or more children in foster care are siblings, every reasonable attempt should be made to place them in the same home, except as provided in subsection B of this section. In making a permanent placement, such children should be placed in the same permanent home or, if the siblings are separated, should be allowed contact or visitation with other siblings; provided, however, the best interests of each sibling shall be the standard for determining whether they should be placed in the same foster placement or permanent placement, or allowed contact or visitation with other siblings.
B. Siblings may be separated if the court and the Department of Human Services find that placement of siblings together would be contrary to the safety or well-being of any of the siblings, and:
1. One sibling has resided in a foster family home for six (6) or more months and has established a relationship with the foster family;
2. The siblings have never resided in the same home;
3. There is no established relationship between the siblings; or
4. It is in the best interests of the child to remain in the current foster family home placement.
Added by Laws 2009, c. 233, § 134, emerg. eff. May 21, 2009. Amended by Laws 2016, c. 245, § 2, eff. Nov. 1, 2016; Laws 2017, c. 342, § 4, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-7-108. Liability for costs voluntarily expended by foster parent.

Neither the Department of Human Services nor a child-placing agency shall be liable for any costs or expenses expended voluntarily by a foster parent for a foster child which are in excess of the funds authorized for providing foster care services to the foster child.
Added by Laws 1996, c. 353, § 4, eff. Nov. 1, 1996. Amended by Laws 1997, c. 389, § 10, eff. Nov. 1, 1997; Laws 1998, c. 414, § 6, emerg. eff. June 11, 1998; Laws 2009, c. 160, § 6, emerg. eff. May 11, 2009; Laws 2009, c. 233, § 94, emerg. eff. May 21, 2009. Renumbered from § 7204 of Title 10 by Laws 2009, c. 233, § 281, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-7-109. Foster placements - License or authorization - Exception.

A. Except as otherwise provided by this section, no child in the custody of the Department of Human Services shall be placed with any foster placement unless the foster placement:
1. Has a current license or authorization issued pursuant to the Oklahoma Child Care Facilities Licensing Act; or
2. Meets licensing standards as required by the Oklahoma Child Care Facilities Licensing Act and is otherwise approved for foster care by the state agency for children within its custody.
B. Except as otherwise provided by this section, no person, corporation, or other legal entity shall receive a child for foster care or provide foster care services to a child unless such legal entity has a license or meets licensing standards as required by the Oklahoma Child Care Facilities Licensing Act, and is otherwise approved by the state agency for children within its custody.
C. The provisions of this section shall not be construed to prohibit foster placement of children in foster homes licensed or approved by Indian tribes, pursuant to the terms in Section 40.8 of Title 10 of the Oklahoma Statutes.
D. This section shall not apply when a parent or legal custodian executes a power of attorney to delegate parental or legal authority as authorized by Section 1 of this act.
Added by Laws 1996, c. 353, § 5, eff. Nov. 1, 1996. Amended by Laws 1997, c. 386, § 12, emerg. eff. June 10, 1997; Laws 2009, c. 233, § 96, emerg. eff. May 21, 2009. Renumbered from § 7205 of Title 10 by Laws 2009, c. 233, § 282, emerg. eff. May 21, 2009. Amended by Laws 2014, c. 172, § 5, emerg. eff. April 28, 2014.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-7-110. Grounds for determination of placement.

In determining placement of a deprived child in foster care:
1. The Department of Human Services or the court, if the court does not place the child with the Department, and any child-placing agency shall be governed by the best interests of the child; and
2. The child may express a preference as to placement and the preference may be given with or without the parents, foster parents, guardians, or any other parties being present. The Department, the court, or the child-placing agency shall determine whether the best interests of the child will be served by the child's preference. The Department, the court, or the child-placing agency shall not be bound by the child's preference and may consider other facts in determining the placement.
Added by Laws 1996, c. 353, § 7, eff. Nov. 1, 1996. Amended by Laws 2009, c. 233, § 99, emerg. eff. May 21, 2009. Renumbered from § 7207 of Title 10 by Laws 2009, c. 233, § 283, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-7-112. Voluntary foster care placement.

A. The Department of Human Services may accept a child into voluntary foster care placement when requested by the parent having legal custody of the child or when requested by a child residing in foster care who reaches eighteen (18) years of age and wishes to continue to reside in the foster care home pursuant to the provisions of subsection B of this section.
B. 1. Any child may be accepted into voluntary foster care placement with the Department.
2. The Department shall inform a parent considering voluntary foster care placement of a child, or the child residing in foster care who attains eighteen (18) years of age and wishes to continue to reside in the foster care home, of the following as applicable:
a.
a parent who enters a voluntary foster care placement agreement may at any time request that the agency return the child,
b.
evidence gathered during the time the child is voluntarily placed in foster care may be used at a later time as the basis for a petition alleging that the child is deprived, or as the basis for a petition seeking termination of parental rights,
c.
the timelines and procedures for voluntary foster care placements.
3. Upon acceptance of a child into voluntary foster care placement, the Department shall prepare a notice of placement signed by the parent or the child residing in foster care who reaches eighteen (18) years of age and wishes to continue to reside in the foster care home.
4. A period of voluntary foster care placement pursuant to the provisions of this section shall not exceed ninety (90) days except as otherwise provided by the Department by rule.
5. Except as otherwise provided by this section or Section 1-4-904 of this title, voluntary foster care placement pursuant to the conditions and restrictions of this subsection shall not constitute abandonment, or abuse or neglect as defined in the Oklahoma Children's Code.
6. The Department shall promulgate rules for the purpose of assessing parents for the full or partial cost of voluntary foster care placement.
Added by Laws 1998, c. 421, § 32, emerg. eff. June 11, 1998. Amended by Laws 2009, c. 233, § 106, emerg. eff. May 21, 2009. Renumbered from § 7214 of Title 10 by Laws 2009, c. 233, § 285, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-7-113. Visitation requirements for the Department of Human Services or child-placing agency.

The Department of Human Services or child-placing agency shall visit each foster child a minimum of one time per month, with no less than two visits per quarter in the foster placement. Each child shall be interviewed, or if an infant observed, alone without the foster parent present at least one time per quarter.
Added by Laws 1998, c. 414, § 14, emerg. eff. June 11, 1998. Amended by Laws 2008, c. 159, § 2, emerg. eff. May 12, 2008; Laws 2009, c. 233, § 108, emerg. eff. May 21, 2009. Renumbered from § 7221 of Title 10 by Laws 2009, c. 233, § 286, emerg. eff. May 21, 2009. Amended by Laws 2009, c. 338, § 13, eff. July 1, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-7-114. Foster parent eligibility assessment – Completion and costs - Reimbursement.

A. The Department of Human Services and the Office of Juvenile Affairs shall be responsible for the completion of and costs of the foster parent eligibility assessment and any national criminal history records search based upon submission of fingerprints, preparation of a treatment and service plan, and a medical examination only for the children placed in the custody of the state agency. The state agency may provide for reimbursement of such expenses, costs, and charges so incurred pursuant to the Oklahoma Children’s Code or the Oklahoma Juvenile Code, as applicable.
B. No child shall be eligible for any reimbursement through the state Medicaid program for placement in therapeutic foster care unless such placement has been reviewed and approved pursuant to rules regarding medical necessity for therapeutic foster care placement promulgated by the Oklahoma Health Care Authority Board.
Added by Laws 2009, c. 233, § 135, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-7-116. Notice to placement agencies when a child in custody becomes eligible for adoption.

A. When a child in the custody of the Department of Human Services becomes eligible for adoption and the child needs a permanent placement, the Department shall notify and disseminate information about the child to licensed child-placing agencies that have requested in writing to receive such notice in order to locate a possible prospective adoptive parent for the child.
B. Upon completion of an adoption specified in subsection A of this section, the Department may provide reimbursement of expenses incurred by the child-placing agency for recruiting, training and conducting a home study for the adoptive parent.
Added by Laws 2017, c. 342, § 5, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-8-101. Education and training of judicial personnel and attorneys with juvenile docket responsibility.

A. 1. The Supreme Court is required to establish by rule, education and training requirements for judges, associate judges, special judges, and referees who have juvenile docket responsibility. Rules shall include, but not be limited to, education and training relating to juvenile law, child abuse and neglect, foster care and out-of-home placement, domestic violence, behavioral health treatment, and other similar topics.
2. All judges having juvenile docket responsibility shall attend at least twelve (12) hours of training in such courses each calendar year relating to the topics described in paragraph 1 of this subsection.
3. The Administrative Director of the Courts shall be responsible for developing and administering procedures and rules for such courses for judicial personnel, including monitoring the attendance of judicial personnel at such training.
B. 1. Any district attorney, assistant district attorney, public defender, assistant public defender, attorney employed by or under contract with the Oklahoma Indigent Defense System, court-appointed attorney, or attorney employed by or under contract with a district court whose duties include juvenile docket responsibility shall complete at least six (6) hours of education and training annually in courses relating to the topics described in paragraph 1 of subsection A of this section. These education and training requirements may be accomplished through a collaborative effort between the judiciary and others with juvenile docket responsibilities.
2. Each judicial district shall be responsible for developing and administering procedures and rules for such courses for attorneys identified in this subsection whose duties routinely include juvenile court docket responsibilities. The chief judge of each judicial district, or any designee judge with juvenile docket responsibilities, shall carry out this mandate within one (1) year of the effective date of this legislation.
Added by Laws 1989, c. 269, § 2, eff. Nov. 1, 1989. Amended by Laws 1994, c. 290, § 47, eff. July 1, 1994; Laws 1995, c. 353, § 19, eff. Nov. 1, 1995; Laws 1996, c. 200, § 2, eff. Nov. 1, 1996; Laws 1997, c. 386, § 15, emerg. eff. June 10, 1997; Laws 2004, c. 415, § 3, emerg. eff. June 4, 2004; Laws 2009, c. 233, § 8, emerg. eff. May 21, 2009. Renumbered from § 1211 of Title 10 by Laws 2009, c. 233, § 287, emerg. eff. May 21, 2009. Amended by Laws 2013, c. 21, § 1, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-8-102. Court-appointed special advocate – Education and training – Criminal history search – Civil liability immunity.

A. Any court-appointed special advocate (CASA) available for appointment pursuant to the Oklahoma Children's Code or the Oklahoma Juvenile Code shall complete education and training courses in accordance with national and Oklahoma CASA standards.
B. No court-appointed special advocate shall be assigned a case before:
1. Completing a training program in compliance with nationally documented Court-Appointed Special Advocate standards. Documentation of training shall be submitted annually by local court-appointed special advocate programs to the Oklahoma Court-Appointed Special Advocate Association; and
2. Being approved by the local court-appointed special advocate program, which will include appropriate criminal background checks as provided in subsection C of this section.
C. 1. Notwithstanding any other provision of law, each local court-appointed special advocate program shall require for any person making application to become a court-appointed special advocate volunteer or to be employed by the local court-appointed special advocate program:
a.
a child welfare records search conducted by the Department of Human Services, which shall consist of a search of the Child Abuse and Neglect Information System maintained by the Department of Human Services for review by authorized entities,
b.
a criminal history records search conducted by the Oklahoma State Bureau of Investigation, and
c.
any other background check meeting the requirements as set forth in Oklahoma Court-Appointed Special Advocate Association state or national standards for local programs.
2. If the prospective court-appointed special advocate volunteer or employee of the local court-appointed special advocate program has lived in Oklahoma for less than one (1) year, a criminal history records search shall also be obtained from the criminal history state repository of the previous state of residence.
D. 1. Any person participating in a judicial proceeding as a court-appointed special advocate shall be presumed prima facie to be acting in good faith and in so doing shall be immune from any civil liability that otherwise might be incurred or imposed.
2. Any person serving in a management position of a court-appointed special advocate organization, including a member of the Board of Directors acting in good faith, shall be immune from any civil liability or any vicarious liability for the negligence of any court-appointed special advocate organization advocates, managers, or directors.
Added by Laws 2009, c. 233, § 136, emerg. eff. May 21, 2009. Amended by Laws 2019, c. 75, § 1, eff. Nov. 1, 2019; Laws 2022, c. 310, § 1, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-8-104. Mileage fees and witness reimbursement.

In proceedings pursuant to this Code, the court may allow mileage, as in civil actions, to witnesses and reimbursement for expert witnesses. However, any mileage and reimbursement paid in accordance with this section shall not be tendered in advance of the hearing.
Added by Laws 1968, c. 282, § 124, eff. Jan. 13, 1969. Amended by Laws 1976, c. 128, § 1, eff. Oct. 1, 1975; Laws 1982, c. 312, § 24, operative Oct. 1, 1982; Laws 1989, c. 363, § 9, eff. Nov. 1, 1989; Laws 1995, c. 352, § 41, eff. July 1, 1995. Renumbered from § 1124 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 2009, c. 233, § 53, emerg. eff. May 21, 2009. Renumbered from § 7003-8.2 of Title 10 by Laws 2009, c. 233, § 289, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-8-105. Penalties.

A willful violation of any provision of an order of the court issued under the provisions of this Code shall constitute indirect contempt of court, and shall be punishable as such. Punishment for any such act of contempt shall not exceed a fine of Three Hundred Dollars ($300.00), or imprisonment in the county jail for more than thirty (30) days, or both such fine and imprisonment.
Added by Laws 1968, c. 282, § 122, eff. Jan. 13, 1969. Amended by Laws 1995, c. 352, § 42, eff. July 1, 1995. Renumbered from § 1122 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 2009, c. 233, § 54, emerg. eff. May 21, 2009. Renumbered from § 7003-8.3 of Title 10 by Laws 2009, c. 233, § 290, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-8-106. Applicability of the Oklahoma Minor Identification Act.

If a child is reported to a law enforcement agency as a missing child, or a custodial parent, legal guardian or legal custodian of a child requests the issuance of a fingerprint card, the provisions of the Oklahoma Minor Identification Act shall apply. With the voluntary and informed consent of the parent, legal guardian, or legal custodian of the child, fingerprints obtained and maintained pursuant to the Oklahoma Minor Identification Act may be used by law enforcement officers.
Added by Laws 1995, c. 352, § 62, eff. July 1, 1995. Amended by Laws 2009, c. 233, § 74, emerg. eff. May 21, 2009. Renumbered from § 7005-1.6 of Title 10 by Laws 2009, c. 233, § 291, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-8-107. Order for transportation of child by sheriff's office - Reimbursement.

A. The court may issue an order directing the county sheriff or his designee of the county in which the court is located to provide transportation to a child who is the subject of a deprived proceeding, regardless of where the child is placed within the state, for purposes of the following:
1. Transferring the child from his or her current placement to a designated inpatient treatment facility, as more further defined in the Inpatient Mental Health and Substance Abuse Treatment of Minors Act;
2. Transferring the child from the inpatient treatment facility to court for hearing;
3. Transferring the child from an out-of-county placement to court for hearing and returning the child back to the out-of-county placement; and
4. Assisting the Department of Human Services in transporting a child from any location to placement when requested by the Department for purposes of ensuring the safekeeping of the child as well as the Department employee.
B. 1. The Department shall provide reimbursement to the county sheriff or his designee for necessary and actual expenses for transporting the child as follows:
a.
a fee for the cost of personal services at the rate of Twelve Dollars ($12.00) per hour,
b.
mileage reimbursement for each mile actually traveled at the rate established in the State Travel Reimbursement Act,
c.
meals for transporting personnel, not to exceed Seven Dollars ($7.00) per meal, and
d.
meals for the child being transported, not to exceed Seven Dollars ($7.00) per meal.
2. The Department shall process and mail reimbursement claims within sixty (60) days of receipt. Payments for services provided by the county sheriff’s office shall be paid to the county and deposited in the sheriff’s service fee account.
C. The court issuing the transportation order shall make such provision for the transportation and safekeeping of a child as is appropriate in the circumstances.
Added by Laws 2009, c. 233, § 137, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-8-108. Appointment of legal guardian – Appointment of guardian ad litem.

A. The court shall appoint a guardian ad litem of the estate of the child when necessary for the purpose of preserving the child's property rights, securing for the child any benefits to which the child may be entitled under social security programs, insurance, claims against third parties, and otherwise, and receiving and administering such funds or property for the care and education of the child.
1. When the child is in the emergency or temporary custody of the Department of Human Services, the court may appoint an attorney or a parent as guardian ad litem of the estate of the child.
2. When a child is in the permanent legal custody of the Department, the Director shall serve as the legal guardian of the estate of the child until an attorney guardian ad litem is appointed.
B. A copy of the order appointing a guardian ad litem shall be provided to the Department.
C. When the appointment of a guardian ad litem is necessary, the appointment may be made in the deprived case; provided, the actions of the guardian ad litem shall be subject to the approval of the court with jurisdiction to adjudicate the property interests of the child.
Added by Laws 1971, c. 248, § 1, emerg. eff. June 16, 1971. Amended by Laws 1995, c. 352, § 7, eff. July 1, 1995. Renumbered from § 1145 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 2009, c. 233, § 15, emerg. eff. May 21, 2009. Renumbered from § 7002-2.2 of Title 10 by Laws 2009, c. 233, § 292, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-8-109. Development of agency-wide process for background checks - Individual limits to number of children.

A. Unless prohibited by state or federal law, the Department shall develop, where feasible, an agency-wide process for conducting background checks, fingerprinting, and personal care applications.
B. The Department shall maintain limits on the number of children a person is authorized to care for; however, a person shall be permitted to provide multiple services where authorized.
Added by Laws 2009, c. 338, § 21, eff. July 1, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-8-110. Falsification of documents relating to deprived children proceedings - Penalties.

Any member of law enforcement, state employee, employee of a private employer, or any other individual that appears in a deprived child proceeding who knowingly and intentionally falsifies any document containing a material fact in any case in which a child has been alleged or adjudicated deprived that results in the great bodily harm or the death of the child shall, upon conviction, be guilty of a felony punishable by a fine of One Thousand Dollars ($1,000.00) or by imprisonment in the custody of the Department of Corrections for up to two (2) years or by both such fine and imprisonment.
Added by Laws 2012, c. 341, § 1, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-8-111. Annual credit report for youth in custody.

A. The Department of Human Services shall provide each youth in its custody fourteen (14) years and older an annual credit report. The Department shall inform the court with jurisdiction over the youth of any inaccuracies in a credit report displaying evidence of identity theft or any other activity fraudulently made on behalf of the youth in custody. The Department may implement the requirements of this section in stages beginning with youth in the independent living program whose credit rating may inhibit employment and housing opportunities when the child is no longer in custody.
B. Within one (1) year of November 1, 2014, the Department of Human Services shall submit annual reports on the implementation of the provisions of this section to the Chair and Vice Chair of the Senate Health and Human Services Committee and the Chair and Vice Chair of the House Human Services Committee. Such reports shall include, but not be limited to, the number of youths in the Department's custody receiving credit score reports, the frequency of such reports and administrative issues faced by the Department in the implementation of this section. Such reports shall continue to be issued by the Department until November 1, 2018.
Added by Laws 2014, c. 143, § 1, eff. Nov. 1, 2014. Amended by Laws 2015, c. 189, § 1, eff. Nov. 1, 2015; Laws 2017, c. 342, § 6, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-8-112. Private child-placing agencies – Objection to placement of a child based on religious or moral convictions or policies.

A. To the extent allowed by federal law, no private child-placing agency shall be required to perform, assist, counsel, recommend, consent to, refer, or participate in any placement of a child for foster care or adoption when the proposed placement would violate the agency's written religious or moral convictions or policies.
B. The Department of Human Services shall not deny an application for an initial license or renewal of a license or revoke the license of a private child-placing agency because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies.
C. A state or local government entity may not deny a private child-placing agency any grant, contract, or participation in a government program because of the agency's objection to performing, assisting, counseling, recommending, consenting to, referring, or participating in a placement that violates the agency's written religious or moral convictions or policies.
D. Refusal of a private child-placing agency to perform, assist, counsel, recommend, consent to, refer, or participate in a placement that violates the agency's written religious or moral convictions or policies shall not form the basis of a civil action.
E. Notwithstanding the provisions of this section, a private child-placing agency shall not refuse to perform any act otherwise required by state or federal law, or authorize any act otherwise prohibited by state or federal law. The provisions of this act shall not be construed to allow a private child-placing agency to refuse any services to a child in the custody of the Department.
Added by Laws 2018, c. 322, § 1, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-9-101. Community-based programs.

The Oklahoma Commission on Children and Youth and the Oklahoma Youth Services Association, in cooperation with the Department of Human Services, shall:
1. Identify community-based prevention and intervention-related services and facilitate access to such services for children and families at risk of future abuse or neglect; and
2. Assist in the development and coordination of community-based programs that work to reduce the potential for abuse and neglect in at-risk families.
Added by Laws 1998, c. 416, § 13, eff. Nov. 1, 1998. Amended by Laws 2009, c. 233, § 82, emerg. eff. May 21, 2009. Renumbered from § 7105.1 of Title 10 by Laws 2009, c. 233, § 293, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-9-103. Child Abuse Multidisciplinary Account.

A. 1. There is hereby created in the Department of Human Services a revolving fund to be designated the "Child Abuse Multidisciplinary Account".
2. The account shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Department pursuant to the provisions of this section and Section 1-9-104 of this title.
3. All monies accruing to the credit of the fund are hereby appropriated and shall be budgeted and expended by the Department for the purposes provided in Sections 1-9-102 and 1-9-104 of this title.
4. Expenditures from the account 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.
B. The account shall be administered by the Department for the benefit of children of Oklahoma and made available to eligible:
1. Coordinated multidisciplinary child abuse teams;
2. Nonurban child advocacy centers;
3. Mid-level nonurban child advocacy centers; and
4. Urban child advocacy centers.
C. 1. The Child Abuse Multidisciplinary Account shall consist of:
a.
all monies received by the Department pursuant to the provisions of Section 1-9-104 of this title,
b.
interest attributable to investment of money in the Account, and
c.
money received by the Department in the form of gifts, grants, reimbursements, or from any other source intended to be used for the purposes specified or collected pursuant to the provisions of this section and Section 1-9-102 of this title.
2. The monies deposited in the Child Abuse Multidisciplinary Account shall at no time become monies of the state and shall not become part of the general budget of the Department or any other state agency. Except as otherwise authorized by this section and Section 3 of this act, no monies from the Account shall be transferred for any purpose to any other state agency or any account of the Department or be used for the purpose of contracting with any other state agency or reimbursing any other state agency for any expense.
Added by Laws 2000, c. 38, § 2, emerg. eff. April 7, 2000. Amended by Laws 2002, c. 487, § 3, eff. July 1, 2002; Laws 2009, c. 233, § 88, emerg. eff. May 21, 2009. Renumbered from § 7110.1 of Title 10 by Laws 2009, c. 233, § 295, emerg. eff. May 21, 2009. Amended by Laws 2012, c. 304, § 38; Laws 2015, c. 276, § 4, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-9-103a. Child Abuse Multidisciplinary Team Account (CAMTA) Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Commission on Children and Youth to be designated the "Child Abuse Multidisciplinary Team Account (CAMTA) Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Commission from any source as specified in paragraph 1 of subsection B of Section 3 of this act. All monies accruing to the credit of the fund are hereby appropriated and shall be budgeted and expended by the Commission for the purposes of contracting with eligible freestanding multidisciplinary child abuse teams. 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 2015, c. 276, § 2, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-9-103b. CAMTA Fund – Administration – Purpose - Contents of Fund.

A. The Child Abuse Multidisciplinary Team Account (CAMTA) Fund shall be administered by the Oklahoma Commission on Children and Youth for the benefit of children of Oklahoma and made available to eligible freestanding multidisciplinary child abuse teams.
B. 1. The fund shall consist of:
a.
all monies received by the Commission from state appropriations made for the purposes of contracting with eligible freestanding multidisciplinary child abuse teams,
b.
interest attributable to investment of money in the fund,
c.
money received by the Commission in the form of gifts, grants, reimbursements or from any other source intended to be used for the purposes of contracting with eligible freestanding multidisciplinary child abuse teams, and
d.
money received from the Child Abuse Multidisciplinary Account (CAMA) as established in Section 1-9-104 of Title 10A of the Oklahoma Statutes.
2. The monies deposited in the fund shall at no time become monies of the state and shall not become part of the general budget of the Commission or any other state agency. Except as otherwise authorized by this section, no monies from the fund shall be transferred for any purpose to any other state agency or any account of the Commission or be used for the purpose of contracting with any other state agency or reimbursing any other state agency for any expense.
Added by Laws 2015, c. 276, § 3, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 10A. Children and Juvenile Code › §10A-1-9-109. Performance-based incentive compensation program for child welfare specialists.

The Department of Human Services shall maintain a performance-based incentive compensation program for employees exclusively working as child welfare specialists. All full-time child welfare specialists shall be eligible to participate in the performance-based incentive compensation program. Eligibility factors shall include, but not be limited to, child welfare specialists who have met or exceeded the suggested federal child welfare outcomes, received "exceeds standards" employee evaluations, as defined by the Office of Management and Enterprise Services, completed Department-sponsored field training, and obtained an advanced higher education degree in social work or closely related field. The eligibility of a child welfare specialist shall not be based upon the level of seniority that has been obtained by the child welfare specialist. The Oklahoma Commission for Human Services shall promulgate rules as necessary to implement the provisions of this section.
Added by Laws 2006, c. 205, § 7, eff. Nov. 1, 2006. Amended by Laws 2008, c. 159, § 4, emerg. eff. May 12, 2008; Laws 2009, c. 233, § 65, emerg. eff. May 21, 2009. Renumbered from § 7004-1.8 of Title 10 by Laws 2009, c. 233, § 301, emerg. eff. May 21, 2009. Amended by Laws 2012, c. 304, § 39.