2006 Oklahoma Code - Title 10. — Children

OKLAHOMA STATUTES

TITLE 10.

CHILDREN

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§101.  Presumption of legitimacy.

All children born in wedlock are presumed to be legitimate.

R.L.1910, § 4364.  

§101.1.  Reference to "illegitimate" or "bastard" deemed to refer to "child born out of wedlock".

Wherever reference is made in the Oklahoma Statutes to "illegitimate" or "bastard" it shall be deemed to refer to a "child born out of wedlock."

After the operative date of this act, the term "child born out of wedlock" shall be used in lieu of the terms "illegitimate" or "bastard."

Laws 1974, c. 297, § 7, operative July 1, 1974.  

§101.2.  Children deemed legitimate.

On and after the date this act becomes operative, all children born within the State of Oklahoma shall be legitimate.

Laws 1974, c. 297, § 8, operative July 1, 1974.  

§10-2.  Presumption of paternity.

A.  Except as otherwise provided by Section 215 of Title 84 of the Oklahoma Statutes, a man is presumed to be the natural father of a child for all intents and purposes if:

1.  He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within ten (10) months after the termination of the marriage by death, annulment, declaration of invalidity, divorce or dissolution, or after a decree of separation is entered by a court.  A child born before wedlock becomes legitimate by the subsequent marriage of his parents even if the marriage is, was or could be declared invalid.  Any child born within the ten-month period specified in this subsection which is born during a subsequent marriage to another person shall be presumed to be the legitimate child of that subsequent marriage;

2.  Before the child's birth, he and the child's natural mother have cohabitated and the child is born within ten (10) months after the termination of cohabitation.  As used in this paragraph, the term cohabitation means the dwelling together continuously and habitually of a man and a woman who are in a private conjugal relationship not solemnized as a marriage according to law;

3.  While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child for a period of at least two (2) years;

4.  The United States Immigration and Naturalization Service made or accepted a determination that he was the father of the child at the time of the child's entry into the United States and he had the opportunity at the time of the child's entry into the United States to admit or deny the paternal relationship; or

5.  Statistical probability of paternity is established at ninety-five percent (95%) or more by scientifically reliable genetic tests, including but not limited to blood tests.

B.  The presumption of paternity created pursuant to this section may be disputed pursuant to Section 3 of this title.

R.L. 1910, § 4365.  Amended by Laws 1994, c. 356, § 1, eff. Sept. 1, 1994.


§10-3.  Persons entitled to dispute presumption - Time limit.

A.  The presumption of paternity created pursuant to Section 2 of this title may be disputed only by the husband or wife, the putative father or their descendants.  Paternity may be established pursuant to Section 70 of this title.

B.  If a child is born during the course of the marriage and is reared by the husband and wife as a member of their family without disputing the child's legitimacy for a period of at least two (2) years, the presumption cannot be disputed by anyone.

R.L. 1910, § 4366.  Amended by Laws 1973, c. 91, § 1, emerg. eff. May 1, 1973; Laws 1994, c. 356, § 2, eff. Sept. 1, 1994.


§104.  Support and education.

The parent entitled to the custody of a child must give him support and education suitable to his circumstances.  If the support and education which the parent having custody is able to give are inadequate, the other parent must assist to the extent of his or her ability.

§10-5.  Grandparental visitation rights.

A.  1.  Pursuant to the provisions of this section, any grandparent or grandparents of an unmarried minor child may seek and be granted reasonable visitation rights to the child which visitation rights may be independent of either parent of the child if:

a. the district court deems it to be in the best interest of the child pursuant to subsection D of this section, and

b. there is a showing of parental unfitness or unsuitability or that the child would suffer harm or potential harm without the granting of visitation rights to the grandparent or grandparents of the child, and

c.   (1) an action for divorce, separate maintenance or annulment involving the grandchild's parents is pending before the court,

(2) the grandchild's parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled,

(3) the grandchild's parent who is a child of the grandparent is deceased,

(4) except as otherwise provided in subsection B or C of this section, legal custody of the grandchild has been given to a person other than the grandchild's parent, or the grandchild does not reside in the home of a parent of the child,

(5) grandparent had custody of the grandchild pursuant to Section 21.3 of this title, whether or not the grandparent had custody under a court order, and there exists a strong, continuous grandparental relationship between the grandparent and the child,

(6) the grandchild's parent has deserted the other parent for more than one (1) year and there exists a strong, continuous grandparental relationship between the grandparent and the child,

(7) except as otherwise provided in subsection C of this section, the grandchild's parents have never been married, are not residing in the same household and there exists a strong, continuous grandparental relationship between the grandparent and the child,

(8) except as otherwise provided by subsection C of this section, the parental rights of one or both parents of the child have been terminated, and the court determines that there is a strong, continuous relationship between the child and the parent of the person whose parental rights have been terminated, or

(9) at any other time and for such other reason the court deems it to be in the best interests of the child pursuant to subsection D of this section.

2.  The right of visitation to any grandparent of an unmarried minor child shall be granted only so far as that right is authorized and provided by order of the district court.

B.  If one natural parent is deceased and the surviving natural parent remarries, any subsequent adoption proceedings shall not terminate any court-granted grandparental rights belonging to the parents of the deceased natural parent unless the termination of visitation rights is ordered by the court having jurisdiction over the adoption after opportunity to be heard, and the court determines it to be in the best interest of the child.

C.  1.  If the child has been born out of wedlock and the parental rights of the father of the child have been terminated, the parents of the father of such child shall not have a right of visitation authorized by this section to such child unless:

a. the father of such child has been judicially determined to be the father of the child,

b. the court determines that a previous grandparental relationship existed between the grandparent and the child, and

c. the court determines such visitation rights to be in the best interest of the child.

2.  If the child is born out of wedlock and the parental rights of the mother of the child have been terminated, the parents of the mother of such child shall not have a right of visitation authorized by this section to such child unless:

a. the court determines that a previous grandparental relationship existed between the grandparent and the child, and

b. the court determines such visitation rights to be in the best interest of the child.

3.  Except as otherwise provided by this section, the district court shall not grant to any grandparent of an unmarried minor child, visitation rights to that child:

a. subsequent to the final order of adoption of the child; provided however, any subsequent adoption proceedings shall not terminate any prior court-granted grandparental visitation rights unless the termination of visitation rights is ordered by the court after opportunity to be heard and the district court determines it to be in the best interest of the child, or

b. if the child had been placed for adoption prior to attaining six (6) months of age.

D.  1.  In determining the best interest of the minor child, the court shall consider and, if requested, shall make specific findings of fact related to the following factors:

a. the needs of and importance to the child for a continuing relationship with the grandparent and the age and reasonable preference of the child pursuant to Section 113 of Title 43 of the Oklahoma Statutes,

b. the willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents,

c. the length, quality and intimacy of the prior relationship between the child and the grandparent,

d. the love, affection and emotional ties existing between the parent and child,

e. the motivation and efforts of the grandparent to establish a relationship with the grandchild,

f. the motivation of parent or parents denying visitation,

g. the mental and physical health of the grandparent or grandparents,

h. the mental and physical health of the child,

i. the mental and physical health of the parent or parents,

j. whether the child is in a permanent, stable, satisfactory family unit and environment,

k. the moral fitness of the parties,

l. the character and behavior of any other person who resides in or frequents the homes of the parties and such person's interactions with the child,

m. the quantity of visitation time requested and the potential adverse impact the visitation will have on the child's customary activities,

n. if both parents are dead, the benefit in maintaining an extended relationship, and

o. such other factors as are necessary in the particular circumstances.

2.  For purposes of this subsection:

a. "harm or potential harm" means a showing that without court-ordered visitation by the grandparent, the child's emotional, mental or physical well-being could reasonably or would be jeopardized, and

b. "parental unfitness or unsuitability" includes, but is not limited to, a showing that a parent of the child or a person residing with the parent:

(1) has a chemical or alcohol dependency, for which treatment has not been sought or for which treatment has been unsuccessful,

(2) has a history of violent behavior or domestic abuse,

(3) has an emotional or mental illness that demonstrably impairs judgment or capacity to recognize reality or to control behavior,

(4) has been shown to have failed to provide the child with proper care, guidance and support to the actual detriment of the child.  The provisions of this division include, but are not limited to, parental indifference and parental influence on his or her child or lack thereof that exposes such child to unreasonable risk, or

(5) demonstrates conduct or condition which renders him or her unable or unwilling to give a child reasonable parental care.  Reasonable parental care requires, at a minimum, that the parent provides nurturing and protection adequate to meet the child's physical, emotional and mental health.

The determination of parental unfitness or unsuitability pursuant to this subparagraph shall not be that which is equivalent for the termination of parental rights.

E.  1.  The district courts are vested with jurisdiction to issue orders granting grandparental visitation rights and enforce such visitation rights, upon the filing of a verified application for such visitation rights or enforcement thereof.  Notice as ordered by the court shall be given to the person or parent having  custody of the child and the venue of such action shall be in the county of the residence of such person or parent.

2.  When a grandparent of a child has been granted visitation rights pursuant to this section and those rights are unreasonably denied or otherwise unreasonably interfered with by any parent of the child, the grandparent may file with the court a motion for enforcement of visitation rights.  Upon filing of the motion, the court shall set an initial hearing on the motion.  At the initial hearing, the court shall direct mediation and set a hearing on the merits of the motion.

3.  After completion of any mediation pursuant to paragraph 2 of this subsection, the mediator shall submit the record of mediation termination and a summary of the parties' agreement, if any, to the court.  Upon receipt of the record of mediation termination, the court shall enter an order in accordance with the parties' agreement, if any.

4.  Notice of a hearing pursuant to paragraph 2 or 3 of this subsection shall be given to the parties at their last-known address or as otherwise ordered by the court, at least ten (10) days prior to the date set by the court for hearing on the motion.  Provided, the court may direct a shorter notice period if the court deems such shorter notice period to be appropriate under the circumstances.

5.  Appearance at any court hearing pursuant to this subsection shall be a waiver of the notice requirements prior to such hearing.

6.  If the court finds that visitation rights of the grandparent have been unreasonably denied or otherwise unreasonably interfered with by the parent, the court shall enter an order providing for one or more of the following:

a. a specific visitation schedule,

b. compensating visitation time for the visitation denied or otherwise interfered with, which time may be of the same type as the visitation denied or otherwise interfered with, including but not limited to holiday, weekday, weekend, summer, and may be at the convenience of the grandparent,

c. posting of a bond, either cash or with sufficient sureties, conditioned upon compliance with the order granting visitation rights,

d. assessment of reasonable attorney fees, mediation costs, and court costs to enforce visitation rights against the parent, or

e. any other remedy the court considers appropriate.

7.  If the court finds that the motion for enforcement of visitation rights has been unreasonably filed or pursued by the grandparent, the court may assess reasonable attorney fees, mediation costs, and court costs against the grandparent.

F.  In addition to any other remedy authorized by this section or otherwise provided by law, any party violating an order of the court made pursuant to this section, upon conviction thereof, shall be guilty of contempt of court.

G.  Any transportation costs or other costs arising from any visitation ordered pursuant to this section shall be paid by the grandparent or grandparents requesting such visitation.

H.  In any action for grandparental visitation pursuant to this section, the court may award attorney fees and costs, as the court deems equitable.

I.  For the purposes of this section, the term "grandparent" shall include "great-grandparent".

R.L. 1910, § 4368.  Amended by Laws 1971, c. 82, § 1, emerg. eff. April 26, 1971; Laws 1975, c. 185, § 1, emerg. eff. May 23, 1975; Laws 1978, c. 71, § 1; Laws 1981, c. 273, § 1; Laws 1984, c. 82, § 1, emerg. eff. April 4, 1984; Laws 1989, c. 211, § 1, eff. Nov. 1, 1989; Laws 1990, c. 206, § 1, emerg. eff. May 14, 1990; Laws 1996, c. 297, § 20, emerg. eff. June 10, 1996; Laws 1997, c. 389, § 19, eff. Nov. 1, 1997; Laws 1999, c. 383, § 1, eff. Nov. 1, 1999; Laws 2000, c. 246, § 1, eff. Nov. 1, 2000; Laws 2003, c. 268, § 1, eff. Nov. 1, 2003.


§105.1.  Death of custodial parent  Custody of child.

The question of custody of a minor child upon the death of the custodial parent shall always be based upon what is in the best interests of the minor child.

Laws 1981, c. 107, § 2, emerg. eff. April 24, 1981.  

§105.2.  Certain information and records to be available to both custodial and noncustodial parent.

Any information or any record relating to a minor child which is available to the custodial parent of the child, upon request, shall also be provided the noncustodial parent of the child. Provided, however, that this right may be restricted by the court, upon application, if such action is deemed necessary in the best interests of the child.  For the purpose of thissection, "information" and "record" shall include, but not be limited to, information and records kept by the school, physician and medical facility of the minor child.

Added by Laws 1982, c. 99, § 1, operative Oct. 1, 1982.  

§10-5A.  Visitation rights of siblings.

A.  Upon the death of a parent of an unmarried minor child, a parent of the unmarried minor child or a parent of a minor sibling of the unmarried minor child may file a verified petition to commence an action requesting rights of visitation between the siblings.  The court may award reasonable rights of visitation between the siblings if the court determines that visitation is in the best interests of the siblings.

B.  In determining whether visitation is in the best interests of the siblings, the court shall consider:

1.  The willingness of the parents of the siblings to encourage or maintain a relationship between the siblings;

2.  The length and quality of the relationship between the siblings including, but not limited to, whether the siblings previously resided together in the same household;

3.  The time which has elapsed since the siblings last had contact;

4.  The preference of the siblings, if they are of sufficient maturity to express a preference;

5.  The effect that visitation will have on the relationship between the siblings and their parents;

6.  The mental and physical health of the siblings; and

7.  All other factors appropriate to the particular circumstances.

C.  The district courts are vested with jurisdiction to issue orders granting visitation between siblings and to enforce these orders.

D.  Notice as required by Section 2004 of Title 12 of the Oklahoma Statutes shall be given to all parents of the siblings.

E.  Venue of an action under this section shall be in the county where the siblings reside or, if the siblings reside in different counties, in the county where the respondent resides.

F.  The court may determine the location for visitation ordered pursuant to this section and require any transportation costs or other costs arising from visitation to be paid by a parent or parents of the siblings as the court deems equitable.

G.  Any visitation rights granted pursuant to this section before the adoption of a sibling shall automatically terminate if the sibling is adopted by a person other than a stepparent or grandparent of the sibling.

H.  In any action for sibling visitation pursuant to this section, the court may award attorney fees and costs, as the court deems equitable.

I.  As used in this section:

1.  "Sibling" means sister, brother, stepsister, stepbrother, halfsister, halfbrother, adopted sister, or adopted brother; and

2.  "Parent" means biological parent, stepparent, adoptive parent, or legal guardian of a minor.

Added by Laws 1999, c. 383, § 2, eff. Nov. 1, 1999.


§106.  Custody of child born out of wedlock.

Except as otherwise provided by law, the mother of an unmarried minor child born out of wedlock is entitled to the care, custody, services and earnings and control of such minor.

R.L.1910, § 4369.  

§106.5.  Use of certain words in reference to children born out of wedlock prohibited.

A.  On and after the date upon which this act becomes operative, the designations "illegitimate" or "bastard" shall not be used to designate a child born out of wedlock.

B.  No person, firm, corporation, agency, organization, the State of Oklahoma nor any of its agencies, boards, commission officers or political subdivisions, nor any hospital, nor any institution supported by public funds, nor any employee of any of the above, shall use the term "illegitimate" or "bastard" in referring to or designating any child born on or after the operative date of this act.

Laws 1974, c. 297, § 1, operative July 1, 1974.  

§107.  Allowance out of child's property for support and education.

The district court may direct an allowance to be made to a parent of a child out of its property, for its past or future support and education, on such conditions as may be proper whenever such direction is for its benefit.

R.L.1910, § 4370.  

§10-8.  Parent without control over child's property.

The parent as such, has no control over the property of the child.

R.L. 1910, § 4371.


§109.  Abuse of parental authority  Civil action.

The abuse of parental authority is the subject of judicial cognizance in a civil action in the district court brought by the child or any grandparent on the child's behalf, or by its relatives within the third degree of consanguinity or affinity, or by the officers of the poor where the child resides or by any foster parent of the child or any person who has been a foster parent of the child; and when the abuse is established, the child may be freed from the dominion of the parent, and the duty of support and education enforced.

R.L.1910, § 4372; Laws 1991, c. 296, § 26, eff. Sept. 1, 1991.


§1010.  Cessation of parent's authority.

The authority of a parent ceases:

1.  Upon the appointment by a court of a guardian of the person of the child.

2.  Upon the marriage of the child, or,

3.  Upon its attaining majority.

R.L.1910, § 4373.  

§1011.  Public action for support of deceased parent's child.

If a parent chargeable with the support of a child dies, leaving it chargeable upon the township or county, and leaving an estate sufficient for its support, the officers of the poor, in the name of the township or county respectively, may claim provision for its support from the parent's estate by civil action, and for this purpose may have the same remedies as any creditors against that estate, and against the heirs, devisees, and the next of kin to the parent.

R.L.1910, § 4374.  

§1012.  Maintenance of poor persons by parents  Limitations  Promise of adult child to pay for necessaries.

It is the duty of the father and the mother of any poor person who is unable to maintain himself by work, to maintain such person to the extent of their ability.  Provided, that the liability of a parent to an institution, nursing home, intermediate care facility, or other resident facility for the care or maintenance of any such poor person shall not be excessive and shall not cause undue financial hardship upon said parent.  Provided further, that the provisions of this section shall not apply to charges for care provided by institutions of the Department of Mental Health and Substance Abuse Services or to charges for care provided by Department of Mental Health and Substance Abuse Services outpatient facilities, including the alcohol and drug programs.  The promise of an adult child to pay for necessaries previously furnished to a parent is binding.

Amended by Laws 1983, c. 128, § 1, operative July 1, 1983; Laws 1990, c. 51, § 1, emerg. eff. April 9, 1990.


§1013.  Parent's liability for value of child's necessaries.

If a parent neglects to provide articles necessary for his child who is under his charge, according to his circumstances, a third person may in good faith supply such necessaries and recover the reasonable value thereof from the parent.

R.L.1910, § 4376.  

§1014.  Compensation for support of child.

A parent is not bound to compensate the other parent or a relative for the voluntary support of his child without an agreement for compensation, nor to compensate a stranger for the support of a child who has abandoned the parent without just cause.

R.L.1910, § 4377.  

§1015.  Support of stepchildren.

A husband is not bound to maintain his wife's children by a former husband; but if he receives them into his family and supports them, it is presumed that he does so as a parent, and where such is the case, they are not liable to him for their support, nor he to them for their services.

R.L.1910, § 4378.  

§1016.  Services and support after majority.

Where a child, after attaining majority, continues to serve and to be supported by the parent, neither party is entitled to compensation in the absence of an agreement therefor.

R.L.1910, § 4379.  

§1017.  Relinquishment of rights by parent.

The parent, whether solvent or insolvent, may relinquish to the child the right of controlling him and receiving his earnings. Abandonment by the parent is presumptive evidence of such relinquishment.

R.L.1910, § 4380.  

§10-17.1.  Assignment by parent to child of right to recover for injury to child.

The parent or parents having the right to recover damages for an injury to a minor child may assign to said child their right to recover said damages, and where the parent or parents of a minor child bring an action as guardian or guardian ad litem or next friend on behalf of said child and ask for a judgment for him for damages to which said parent or parents are entitled, said parent or parents will be deemed to have assigned to the minor child their right to recover such damages.  Any damages recovered pursuant to this section shall be disposed of in the same manner as provided by Section 83 of Title 12 of the Oklahoma Statutes.

Added by Laws 1977, c. 138, § 1, eff. Oct. 1, 1977.  Transferred from § 244 of Title 12.


§1018.  Payment of minor's wages.

The wages of a minor employed in service may be paid to him until the parent or guardian entitled thereto gives the employer notice that he claims such wages.

R.L. 1910 Sec. 4381.


§1019.  Parent's right to change child's residence.

A parent entitled to the custody of a child has a right to change his residence, subject to the power of the district court to restrain a removal which would prejudice the rights or welfare of the child.

R.L. 1910 Sec. 4382.


§10-20.  Parent or child not answerable for other's act.

Neither parent or child is answerable, as such, for the act of the other, except as otherwise specifically provided by law.

R.L.1910, § 4383.  Amended by Laws 2000, c. 382, § 10, eff. July 1, 2000.


§10-21.  Renumbered as § 109.1 of Title 43 by Laws 1990, c. 188, § 4, eff. Sept. 1, 1990.  (Also renumbered as § 112.1 of Title 43 by Laws 1990, c. 171, § 3, said renumbering is superceded by Laws 1990, c. 188, § 4).

§10-21.1.  Custody or guardianship - Order of preference - Death of custodial parent - Preference of child - Evidence of domestic abuse - Registered sex offenders.

A.  Except as otherwise provided by this section, custody should be awarded or a guardian appointed in the following order of preference according to the best interests of the child to:

1.  A parent or to both parents jointly;

2.  A grandparent;

3.  A person who was indicated by the wishes of a deceased parent;

4.  A relative of either parent;

5.  The person in whose home the child has been living in a wholesome and stable environment including but not limited to a foster parent; or

6.  Any other person deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.

B.  In addition to subsection D of this section, when a parent having custody of a child becomes deceased or when custody of a child is judicially removed from the parent having custody of the child, the court may only deny the noncustodial parent custody of the child or guardianship of the child if:

1.   a. For a period of at least twelve (12) months out of the last fourteen (14) months immediately preceding the determination of custody or guardianship action, the noncustodial parent has willfully failed, refused, or neglected to contribute to the child's support:

(1) in substantial compliance with a support provision or an order entered by a court of competent jurisdiction adjudicating the duty, amount, and manner of support, or

(2) according to such parent's financial ability to contribute to the child's support if no provision for support is provided in a decree of divorce or an order of modification subsequent thereto, and

b. The denial of custody or guardianship is in the best interest of the child;

2.  The noncustodial parent has abandoned the child as such term is defined by Section 7006-1.1 of this title;

3.  The parental rights of the noncustodial parent have been terminated;

4.  The noncustodial parent has been convicted of any crime against public decency and morality pursuant to Title 21 of the Oklahoma Statutes;

5.  The child has been adjudicated deprived pursuant to the Oklahoma Children's Code and the noncustodial parent has not successfully completed a service or treatment plan if required by the court; or

6.  The court finds it would be detrimental to the health or safety of the child for the noncustodial parent to have custody or be appointed guardian.

C.  The court shall consider the preference of the child in awarding custody of the child pursuant to Section 113 of Title 43 of the Oklahoma Statutes.

D.  1.  In every case involving the custody of, guardianship of or visitation with a child, the court shall determine whether any individual seeking custody or who has custody of, guardianship of or visitation with a child:

a. is or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state,

b. has been convicted of a crime listed in the Oklahoma Child Abuse Reporting and Prevention Act or in Section 582 of Title 57 of the Oklahoma Statutes,

c. is an alcohol-dependent person or a drug-dependent person as established by clear and convincing evidence and who can be expected in the near future to inflict or attempt to inflict serious bodily harm to himself or herself or another person as a result of such dependency,

d. has been convicted of domestic abuse within the past five (5) years,

e. is residing with a person who is or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state,  

f. is residing with a person who has been convicted of a crime listed in the Oklahoma Child Abuse Reporting and Prevention Act or in Section 582 of Title 57 of the Oklahoma Statutes, or

g. is residing with a person who has been convicted of domestic abuse within the past five (5) years.

2.  There shall be a rebuttable presumption that it is not in the best interests of the child to have custody, or guardianship granted to:

a. a person who is or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state,

b. a person who has been convicted of a crime listed in the Oklahoma Child Abuse Reporting and Prevention Act or in Section 582 of Title 57 of the Oklahoma Statutes,

c. an alcohol-dependent person or a drug-dependent person as established by clear and convincing evidence and who can be expected in the near future to inflict or attempt to inflict serious bodily harm to himself or herself or another person as a result of such dependency,

d. a person who has been convicted of domestic abuse within the past five (5) years,

e. a person who is residing with an individual who is or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state,  

f. a person who is residing with a person who has been previously convicted of a crime listed in the Oklahoma Child Abuse Reporting and Prevention Act or in Section 582 of Title 57 of the Oklahoma Statutes, or  

g. a person who is residing with a person who has been convicted of domestic abuse within the past five (5) years.

3.  Custody of, guardianship of, or any visitation with a child shall not be granted to any person if it is established that the custody, guardianship or visitation will likely expose the child to a foreseeable risk of material harm.

E.  Except as otherwise provided by the Oklahoma Child Supervised Visitation Program, court-ordered supervised visitation shall be governed by the Oklahoma Child Supervised Visitation Program.

F.  For purposes of this section:

1.  "Alcohol-dependent person" has the same meaning as such term is defined in Section 3-403 of Title 43A of the Oklahoma Statutes;

2.  "Domestic abuse" has the same meaning as such term is defined in Section 60.1 of Title 22 of the Oklahoma Statutes;

3.  "Drug-dependent person" has the same meaning as such term is defined in Section 3-403 of Title 43A of the Oklahoma Statutes; and

4.  "Supervised visitation" means a program established pursuant to Section 5 of this act.

Added by Laws 1983, c. 269, § 2, operative July 1, 1983.  Amended by Laws 1988, c. 238, § 5, emerg. eff. June 24, 1988; Laws 1991, c. 113, § 1, eff. Sept. 1, 1991; Laws 1997, c. 386, § 1, emerg. eff. June 10, 1997; Laws 2001, c. 141, § 1, emerg. eff. April 30, 2001; Laws 2002, c. 445, § 1, eff. Nov. 1, 2002; Laws 2003, c. 3, § 3, emerg. eff. March 19, 2003; Laws 2004, c. 415, § 2, emerg. eff. June 4, 2004.


NOTE:  Laws 2002, c. 413, § 1 repealed by Laws 2003, c. 3, § 4, emerg. eff. March 19, 2003.


§10-21.2.  Definitions.

For purposes of Sections 21.3 and 21.4 of this title:

1.  "Permanent care and custody" means the right and responsibility to exercise continuing general supervision of a child and includes, but is not limited to, the right and responsibility to protect, educate, nurture and to provide the child with food, clothing, shelter, medical care and a supportive environment;

2.  "Abandonment" includes, but is not limited to, a state or condition in which the parent of a child:

a.   (1) if the child is twenty-four (24) months or less, has failed to establish and/or maintain a substantial and positive relationship with the child through visitation or communication with the child placed in the home of a relative related to the child within the third degree for at least six (6) months after placement in the home of such relative, or

(2) if the child is over twenty-four (24) months of age, has failed to establish and/or maintain a substantial and positive relationship with the child through visitation or communication with the child for a period of twelve (12) months out of the last fourteen (14) months while in the home of a relative related to the child within the third degree.

In any case where a father or a putative father of an infant born out of wedlock claims that prior to any action filed to reclaim or recover the child pursuant to Section 21.3 of this title or prior to receipt of notice pursuant to Section 21.5 of this title, he had been denied knowledge of the child by the mother and/or the custodian of the child, such father or putative father shall prove to the satisfaction of the court that he made sufficient attempts to discover if he had fathered the child and made sufficient attempts to establish and/or maintain a substantial and positive relationship with the child prior to the filing of such action or the receipt of such notice.

In any case where a parent of a child claims that prior to the filing of any action to reclaim or recover a child pursuant to Section 21.3 of this title or prior to receipt of notice pursuant to Section 21.5 of this title, such parent had been denied the opportunity to establish and/or maintain a substantial and positive relationship with the child by the custodian of the child, such parent shall prove to the satisfaction of the court that he or she made sufficient attempts to establish and/or maintain a substantial and positive relationship with the child prior to the filing of such action or the receipt of such notice.

Infrequent or token visits or communications shall not be sufficient to establish and/or maintain a substantial and positive relationship with the child, or

b. has for any twelve (12) months out of the last fourteen (14) months of placement of the child in the home of a relative related to the child within the third degree, failed, refused or neglected to contribute to the support of such child:

(1) in substantial compliance with an order entered by a court of competent jurisdiction adjudicating the duty, amount and manner of support, or

(2) according to such parent's financial ability to contribute to such child's support if no provision for support is provided in an order.

In any case where a parent of a child claims that prior to any action filed to reclaim or recover a child pursuant to Section 21.3 of this title or the receipt of notice pursuant to Section 21.5 of this title, the parent had been denied the opportunity to support or contribute to the support of his or her child and otherwise to exercise parental rights and responsibilities with regard to the child as required by this subparagraph, by the custodian of the child, such parent shall prove to the satisfaction of the court that he or she made sufficient attempts to support or contribute to the support of his or her child and to otherwise exercise parental rights and responsibilities as required by this subparagraph prior to the filing of such action or the receipt of such notice.

Infrequent or token payments or payments or provisions by a third party shall not be construed or considered in establishing whether a parent has supported or contributed to the support of the child as required by this subparagraph; and

3.  "Establish and/or maintain a substantial and positive relationship" includes, but is not limited to:

a. frequent and regular contact with the child through frequent and regular visitation and/or frequent and regular communication to or with the child, and

b. the exercise of parental rights and responsibilities.

Added by Laws 1999, c. 396, § 26, emerg. eff. June 10, 1999.  Amended by Laws 2001, c. 434, § 2, emerg. eff. June 8, 2001.


§10-21.3.  Right to custody.

A.  No person, other than an adult relative related to the child within the third degree, may accept the permanent care and custody of a child, except in accordance with a decree of a court of competent jurisdiction or the Oklahoma Children's Code, the Oklahoma Adoption Code, the Oklahoma Guardianship and Conservatorship Act or the Oklahoma Child Care Facilities Licensing Act.

B.  An adult relative related to a child within the third degree may accept the permanent care and custody of the child:

1.  Pursuant to a written relinquishment by a parent or parents of a child acknowledged before a court of competent jurisdiction which identifies the child or children relinquished;

2.  In accordance with the provisions of the Oklahoma Children's Code, the Oklahoma Guardianship and Conservatorship Act, Section 3 of this act or the Oklahoma Adoption Code; or

3.  Without a court order and by operation of law, if the child has been abandoned by a parent or parents of a child in the physical custody of such relative pursuant to the provisions of this section.

C.  1.  A child who has been abandoned in the physical custody of such relative by a parent or parents of the child may not be reclaimed or recovered by the parent or parents who abandoned the child except through order of a court of competent jurisdiction or by release of the child by such relative.

2.  Upon any action to determine custody of the child pursuant to the provisions of this subsection, the court shall base its findings and determination of custody on the best interests of the child and:

a. the duration of the abandonment and integration of the child into the home of the relative,

b. the preference of the child if the child is determined to be of sufficient maturity to express a preference,

c. the mental and physical health of the child, and

d. such other factors as are necessary in the particular circumstances.

3.  During the pendency of any action to determine the custody of a child pursuant to this subsection, unless it is determined not to be in the best interests of the child, the child shall remain in the custody of the relative related to the child within the third degree.

4.  If the court orders the child be returned to the parents of the child, the court may provide for a transitional period for the return in the best interests of the child.

D.  An adult relative related to the child within the third degree accepting permanent care and custody of a child pursuant to this section shall have the same authority as a parent to consent on behalf of a child or on behalf of a parent of the child in all cases except that such relative may not consent to an adoption of the child.

E.  The provisions of this section shall not apply to the acceptance of the permanent care and custody of a child by one parent of the child from the other parent of the child.

Added by Laws 1957, p. 20, § 2.  Amended by Laws 1998, c. 415, § 44, emerg. eff. June 11, 1998.  Renumbered from § 26 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998.  Amended by Laws 1999, c. 396, § 27, emerg. eff. June 10, 1999.  Renumbered from § 7202.1 of this title by Laws 1999, c. 396, § 30, emerg. eff. June 10, 1999.  Amended by Laws 2000, c. 385, § 1, eff. Nov. 1, 2000.


§1021.4.  Authority to surrender, assign, relinquish or otherwise transfer.

A.  No person may surrender, assign, permanently relinquish, or otherwise transfer to another the person's rights and duties with respect to the permanent care and custody of a child, other than to an adult relative related to the child within the third degree, except in accordance with an order of the court of competent jurisdiction or pursuant to the Oklahoma Children's Code, the Oklahoma Adoption Code, the Oklahoma Guardianship and Conservatorship Act or the Oklahoma Child Care Facilities Licensing Act.

B.  A parent or parents of a child may surrender, assign, permanently relinquish or otherwise transfer such parent's rights and duties with respect to the permanent care and custody of a child to an adult relative of the child within the third degree:

1.  Pursuant to a written relinquishment acknowledged before a court of competent jurisdiction which identifies the child or children relinquished;

2.  In accordance with the provisions of the Oklahoma Children's Code, the Oklahoma Guardianship and Conservatorship Act, Section 3 of this act or the Oklahoma Adoption Code; or

3.  Without a court order and by operation of law, by abandoning the child in the physical custody of such relative pursuant to the provisions of this section.

C.  1.  A child who has been abandoned in the physical custody of such relative may not be reclaimed or recovered by the parent or parents who abandoned the child except through order of a court of competent jurisdiction or by release of the child by such relative.

2.  Upon any action to determine custody of the child pursuant to the provisions of this subsection, the court shall base its findings and determination of custody on the best interests of the child and:

a. the duration of the abandonment and integration of the child into the home of the relative,

b. the preference of the child if the child is determined to be of sufficient maturity to express a preference,

c. the mental and physical health of the child, and

d. such other factors as are necessary in the particular circumstances.

3.  During the pendency of any action to determine the custody of a child pursuant to this subsection, unless it is determined not to be in the best interests of the child, the child shall remain in the custody of the relative related to the child within the third degree.

4.  If the court orders the child be returned to the parents of the child, the court may provide for a transitional period for the return in the best interests of the child.

D.  An adult relative related to the child within the third degree accepting permanent care and custody of a child pursuant to this section shall have the same authority as a parent to consent on behalf of a child or on behalf of a parent of the child in all cases except that such relative may not consent to an adoption of the child.

E.  The provisions of this section shall not apply to the surrender, assignment, relinquishment, or other transfer of a child by one parent of the child to the other parent of the child.

Added by Laws 1957, p. 20, § 3.  Amended by Laws 1988, c. 318, § 1, emerg. eff. July 6, 1988; Laws 1998, c. 415, § 45, emerg. eff. June 11, 1998.  Renumbered from § 27 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998.  Amended by Laws 1999, c. 396, § 28, emerg. eff. June 10, 1999.  Renumbered from § 7202.2 of this title by Laws 1999, c. 396, § 30, emerg. eff. June 10, 1999.  Amended by Laws 2000, c. 385, § 2, eff. Nov. 1, 2000.


§10-21.5.  Permanent custody to adult relative within third degree.

A.  1.  A judge of a district court who has juvenile docket responsibility may order a child's permanent care and custody transferred to an adult relative of the child within the third degree pursuant to the provisions of this subsection, upon the written consent of both parents of the child or upon the consent of one parent only if:

a. the other parent is deceased,

b. the other parent has been determined by a court of law to be incompetent or incapacitated,

c. the whereabouts or identity of the other parent is unknown.  This fact shall be attested to by affidavit of the consenting parent,

d. the other parent, who is eighteen (18) years of age or older, has signed a statement consenting to the transfer, executed before a notary public,

e. the parental rights of the other parent have been terminated,

f. the other parent has been or is found by the court of law to be unfit or unable to exercise parental rights and responsibility for the child based upon situations enumerated in Section 7006-1.1 of Title 10 of the Oklahoma Statutes,

g. the other parent is or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state, or

h. the other parent has abandoned the child as such term is defined by Section 21.2 of Title 10 of the Oklahoma Statutes, or is determined by the court to be otherwise unfit to assume custody of the child for any other reason.

2.  To be appointed as a relative guardian for the child, an adult relative related to the child within the third degree must file a petition on a form developed pursuant to the provisions of this section with the judge.

3.  Prior to the entry of an order transferring the custody of a child, the judge shall receive a home study regarding the background and home of the prospective relative guardian by a person qualified by training and experience authorized by the court.

4.  Upon the entry of a court order providing for the transfer of the permanent care and custody of a child, the order shall remain in full force and effect until:

a. the child reaches the age of eighteen (18) years,

b. the child marries or is legally emancipated,

c. the judge finds after evidentiary hearing:

(1) the child has been abused while in the care and custody of the relative, and

(2) it is in the best interests of the child that custody of the child be returned to a parent or the parents or other persons pursuant to the Oklahoma Guardianship and Conservatorship Act, the Oklahoma Children's Code or this section,

d. the parent who consented to the transfer of the care and custody of the child petitions the judge for the recovery of the child and the judge finds after an evidentiary hearing that it is in the best interests of the child that custody of the child be returned to the parents, or custody of the child be given to another person pursuant to the Oklahoma Guardianship and Conservatorship Act, the Oklahoma Children's Code, or the provisions of this section,

e. the attorney for the child or relative guardian petitions the judge for modification of the court order transferring care and custody and the court finds after an evidentiary hearing that it is in the best interests of the child for the order to be modified and the child be returned to the parents or custody of the child be given to another person pursuant to the Oklahoma Guardianship and Conservatorship Act, the Oklahoma Children's Code, or pursuant to the provisions of this section,

f. the child is adopted, or

g. the guardianship is otherwise terminated pursuant to Section 4-803 of Title 30 of the Oklahoma Statutes.

5.  An order providing for the transfer of the permanent care and custody of a child:

a. shall require that the placement be reviewed within one (1) year after transfer and may require the person to whom custody is transferred to submit any records or reports the court deems necessary for purposes of such review,

b. shall not require periodic reviews by the court thereafter if the parties agree with the assent of the court that such reviews are not necessary to serve the best interests of the child,

c. unless periodic reviews are required, may be closed by the judge, provided the order transferring the permanent care and custody of the child shall remain in full force and effect subject to the provisions of paragraph 4 of this subsection, and

d. shall include conditions for the care, treatment, education and welfare of the child.

6.  A court order appointing an adult relative guardian shall award custody of the child to the relative guardian subject only to such parental rights and responsibilities as determined by the judge.  The adult relative guardian of a child shall have the authority as specified by the order to consent on behalf of the child in all cases except that a relative guardian may not consent to an adoption of the child.

B.  1.  A judge of a district court who has juvenile docket responsibility may order a child's permanent care and custody transferred to an adult relative guardian related to the child within the third degree without the consent of the parent or parents pursuant to the provisions of this subsection.

2.  To be appointed as a relative guardian for the child, an adult relative related to the child within the third degree must file a petition on a form developed pursuant to the provisions of this section with the judge.  The petition shall allege that:

a. a parent or the parents of the child have placed the child with the relative pursuant to Sections 21.3 and 21.4 of Title 10 of the Oklahoma Statutes and have abandoned the child,

b. the child is currently residing with the relative and there exists a loving and emotional tie between the child and the relative,

c. the parents of the child are presently and for the foreseeable future unable to provide proper adequate care for the child, are unavailable or their whereabouts are unknown,

d. the child has no assets or limited assets, and

e. it would be in the best interests of the child for the petition to be granted.

3.  Prior to the entry of an order appointing an adult relative guardian, the court shall receive a home study regarding the background and home of the prospective relative guardian by a person qualified by training and experience authorized by the court.

4.  If the judge finds that the elements of the petition have been proven based on a preponderance of the evidence, the judge shall grant the petition.

5.  An order appointing the adult relative related to the child within the third degree as a relative guardian shall award custody of the child to the relative.  The relative guardian shall have the same authority as a parent to consent on behalf of a child in all cases, except that the relative guardian may not consent to an adoption of the child.

6.  Upon the entry of an order and issuance of a relative guardian providing for the transfer of the permanent care and custody of a child to a relative related to the child within the third degree, the court order shall remain in full force and effect until:

a. the child reaches the age of eighteen (18) years,

b. the child is married or is legally emancipated,

c. the judge finds after evidentiary hearing:

(1) the child has been abused while in the care and custody of the relative, and

(2) it is in the best interests of the child that custody of the child be returned to a parent or the parents or other persons pursuant to the Oklahoma Guardianship and Conservatorship Act, the Oklahoma Children's Code or this section,

d. an attorney for the child or the relative petitions the judge for modification of the order transferring permanent care and custody to the relative and the judge finds after an evidentiary hearing that it is in the best interests of the child for the order to be modified and the child returned to the parents or other persons pursuant to the Oklahoma Guardianship and Conversatorship Act, the Oklahoma Children's Code, or this section,

e. the child is adopted, or

f. the guardianship is otherwise terminated pursuant to Section 4-803 of Title 30 of the Oklahoma Statutes.

7.  An order appointing a relative guardian:

a. shall require that the placement be reviewed within one (1) year after transfer and may require the relative guardian to whom custody is transferred to submit any records or reports the court deems necessary for purposes of such review,

b. shall not require periodic reviews by the court thereafter if the parties agree with the assent of the court that such reviews are not necessary to serve the best interests of the child, unless periodic reviews are required by the court,

c. unless periodic reviews are required, may be closed by the judge, provided the order transferring care and custody to a relative guardian shall remain in full force and effect subject to the provisions of paragraph 6 of this subsection, and

d. shall include conditions for the care, treatment, education and welfare of the child.

C.  1.  Before making an appointment pursuant to this section, the court must cause notice of a hearing on the petition for appointment to be given in the form required by the court to the minor, if the minor has attained the age of fourteen (14) as of the date the petition is filed.  The court shall also cause notice to be sent to the thenliving parents of the minor.

2.   a. Such notice shall be mailed to each person, entitled to notice pursuant to this subsection, at that person's address as lastknown to the petitioner, at least ten (10) days prior to the date set by the court for hearing on the petition.  Provided the court may direct a shorter notice period if the court deems such shorter notice period to be appropriate under the circumstances, and

b. If the identity or whereabouts of a parent is unknown, the court must determine whether the parent can be identified or located.  Following an inquiry, if the court finds that the identity or whereabouts of the parent cannot be ascertained, and this fact is attested to by affidavit of the petitioner, it shall order that notice be given by publication.  The notice shall be published once pursuant to the laws relating to the service of notice by publication in the county in which the petition for relative guardianship is filed, and the hearing shall not be held for at least fifteen (15) days after publication of the notice.

D.  After a petition has been filed for a proceeding, pursuant to this section, the petitioner may request the court to issue a temporary order regarding child custody, child support, visitation or other relief proper in the circumstance.

E.  The venue for a proceeding pursuant to this section is in the district court where the child resides.  If the court finds that in the interest of justice a proceeding should be conducted in another court of this state, the court may transfer the proceeding to the other court.

F.  1.  An appointment of a relative guardian made pursuant to this section is subject to only Article 1 of the Oklahoma Guardianship and Conservatorship Act and Sections 4-501, 4-503, 4-706, 4-707, 4-801, 4-802, 4-901 and 4-902 of Title 30 of the Oklahoma Statutes.

2.  If the court determines that it is in the best interests of the child, the court may require the establishment of a guardianship or conservatorship pursuant to Title 30 of the Oklahoma Statutes.

3.  The clerk of the district court in which the application for a relative guardianship is filed shall collect as court costs a fee of Fifty Dollars ($50.00).

G.  1.  Any order appointing a relative guardian of a minor pursuant to this section who has a parent living or legally responsible for the support of the child shall:

a. provide for the payment of child support by the parent, and

b. contain an income assignment provision pursuant to Section 115 of Title 43 of the Oklahoma Statutes.

2.  The provisions of this subsection shall not apply to parents whose rights and responsibilities have been terminated to the child unless the termination order requires payment of child support.

H.  The Administrative Office of the Courts shall prepare a handbook for distribution to the district courts for appointments made pursuant to this section.  The handbook shall be written in clear, simple language and shall include information about the laws and procedures which apply to relative guardians made pursuant to this section.  In addition, the Office of the Administrative Director of the Courts shall develop the forms and procedures necessary to effectuate this section.  The Office of the Administrative Director of the Courts shall make such forms and handbook available to the public through the offices of the clerks of the district courts in this state, in the local offices of the Department of Human Services, and such other locations deemed necessary by the Administrator.

Added by Laws 2000, c. 385, § 3, eff. Nov. 1, 2000.


§10-21.6.  Relatives - Right to authorize medical care and dental care - Good faith reliance - Relative caregiver's authorization affidavit.

A.  Any relative related to a child within the third degree who has permanent care and custody of the child pursuant to Sections 21.2, 21.3 and 21.4 of Title 10 of the Oklahoma Statutes shall have the same rights to authorize medical care and dental care for the minor and to consent to school-related medical care on behalf of the minor that are given to legal guardians pursuant to Sections 21.5, 170.1 and 170.2 of Title 10 of the Oklahoma Statutes, or by the Oklahoma Guardianship and Conservatorship Act.  A relative as specified by this subsection may complete a relative caregiver authorization affidavit.

B.  1.  During the period of time after a child has been willfully left in the custody of a relative related to the child within the third degree, but prior to the time a child is deemed abandoned pursuant to Section 21.2 of Title 10 of the Oklahoma Statutes, the relative shall have the same rights to authorize medical care and dental care for the minor and to consent to school-related medical care on behalf of the minor that are given pursuant to subsection A of this section if:

a. the relative completes the relative caregiver's authorization affidavit as required by this section,

b. the child is residing full-time with the relative and the relative contributes the major degree of support for the child, and

c. the parents have expressed a willful intent by words, actions or omissions not to return for the child, and the relative is unable to contact the parent, or the parent refuses to regain physical custody of the child after a written request to do so by the relative.

2.  Until a child is deemed abandoned pursuant to Sections 21.2 through 21.4 of Title 10 of the Oklahoma Statutes, the decision of a relative to consent to or to refuse medical or dental care for a minor pursuant to this subsection shall be superseded by any contravening decision of the parent of the minor, provided the decision of the parent of the minor does not jeopardize the life, health, or safety of the minor.

3.  The affidavit completed pursuant to this subsection shall not be valid for more than one (1) year after the date on which it is executed unless the relative has legal custody pursuant to subsection A of this section.

C.  1.  A person who acts in good faith reliance on a relative caregiver's authorization affidavit authorized by this section to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, shall not be subject to criminal liability, civil liability to any person, or subject to professional disciplinary action if the applicable portions of the affidavit are completed.

2.  A person who relies on the affidavit has no obligation to make any further inquiry or investigation.

3.  Nothing in this section shall relieve any individual from liability for violations of other provisions of law.

4.  If the minor stops residing with the relative, the relative shall notify any school, health care provider, or health care service plan that has been given a copy of the affidavit.

D.  The relative caregiver's authorization affidavit shall be in substantially the following form:

Relative Caregiver's Authorization Affidavit

Use of this affidavit is authorized by Section 21.6 of Title 10 of the Oklahoma Statutes.

Instructions:  Completion of items 1-5 and the signing of the affidavit are sufficient to authorize school-related medical care.  Completion of items 6-9 is additionally required to authorize any other medical care.  Print clearly.

The minor named below lives full-time in my home and I am 18 years of age or older.

1.  Name of minor:  _______________________________________.

2.  Minor's birth date: ___________________________________.

3.  My name (adult giving authorization):  ________________.

4.  My home address:  _____________________________________  

  _____________________________________  

  _____________________________________.

5.  ( ) I am a grandparent, aunt, uncle, or other qualified relative of the minor (see end of this form for a definition of "qualified relative").

6.  The child has been living in my home since ____________.

7.  Check one or both (for example, if one parent was advised and the other cannot be located):

( ) The child has been left in my custody and I have advised the parent(s) or other person(s) having legal custody of the minor, in writing, of my intent to authorize medical care, and have received no objection.

( ) The child has been left in my custody and I am unable to contact or locate the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.

8.  My date of birth:  ____________________________________.

9.  My Oklahoma driver license or identification card number:

  ___________________________________.

  ______________________________________________________

Warning:  Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.

I declare under penalty of perjury under the laws of the State of Oklahoma that the foregoing is true and correct.

Dated:  __________________  Signed:  __________________

______________________________________

  Notary Stamp

Procedures:

1.  The signature of the relative must be notarized.

2.  This declaration does not affect the rights of the minor's parents or legal guardian regarding the care, custody, and control of the minor, and does not necessarily mean that the caregiver has legal custody of the minor.

3.  A person who relies on this affidavit has no obligation to make any further inquiry or investigation.

4.  Unless the relative has legal custody of the child pursuant to Sections 21.2 through 21.4 of Title 10 of the Oklahoma Statutes, this affidavit is not valid for more than one (1) year after the date on which it is executed but may be reexecuted.

Additional Information:

TO CAREGIVERS:

1.  "Qualified relative" for purposes of item 5, means a spouse of the qualified relative, parent, grandparent, great-grandparent, brother, sister, half-brother, half-sister, uncle, aunt, niece or nephew.

2.  The law requires a caregiver, who is not a qualified relative of a child, to notify the Department of Human Services that a child in the caregiver's care has been abandoned.  If the caregiver wishes to continue to care for the child, the law further requires that the caregiver's home be approved as a foster home.  A caregiver should direct any questions to the Department of Human Services.

3.  If the child stops living with the caregiver, the caregiver is required to notify any school, health care provider or health care service plan to which an affidavit has been given that the child no longer resides with the caregiver.

4.  If a caregiver does not have the information requested in item 9 (Oklahoma driver license or identification card), the caregiver must provide another form of identification, such as a social security number.

TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS:

1.  No person who acts in good faith reliance upon a caregiver's properly completed authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, shall be subject to criminal liability, civil liability to any person, or subject to professional disciplinary action for relying upon the affidavit to provide medical or dental care.

2.  This affidavit does not confer dependency for health care coverage purposes.

E.  Any person who willfully makes a statement in the relative caregiver's authorization affidavit which the person knows to be false shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year or a fine of not more than Five Hundred Dollars ($500.00) or both such fine and imprisonment.

F.  For purposes of this part:

1.  "Person" includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity;

2.  "Relative" means a spouse of the relative, parent, grandparent, great-grandparent, brother, sister, half-brother, half-sister, uncle, aunt, niece or nephew; and

3.  "School-related medical care" means medical care that is required by state or local governmental authority as a condition for school enrollment, including immunizations, physical examinations and medical examinations conducted in schools for pupils.

Added by Laws 2001, c. 434, § 3, emerg. eff. June 8, 2001.


§1022.  Spouse of manager or superintendent of institution having orphans or deliquent children as employee.

It shall be lawful for the spouse of any chief managing officer or superintendent of any institution in the State of Oklahoma, the inmates of which are orphans or delinquent boys and girls to be also employed at said institution and be carried on and paid through the payroll of said institution.

Laws 1939, p. 115, § 1, Laws 1975, c. 303, § 1, emerg. eff. June 7, 1975.  

§10-22.1.  Legislative findings and intent - Foster care by grandparents or other relative.

A.  1.  The Oklahoma Legislature recognizes that:

a. children who have been abused, who are dependent or neglected, or whose parents, for whatever reason, may be unable or unwilling to provide care for their children, are best served when they can be cared for by grandparents or other suitable relatives instead of placing those children in foster care with the State of Oklahoma, and

b. while grandparents or other relatives are often willing to provide for the care of children who can no longer remain with their parents, there may exist financial obstacles to the provision of such care, or there may be a need for other services to enable the children to remain with their grandparents or other relatives in order to prevent those children's entry into the foster care system.

2.  It is the intent of the Oklahoma Legislature in enacting this section to:

a. recognize family relationships in which a grandparent or other relative within the third degree of relationship to the child is the head of a household that includes a child otherwise at risk of foster care placement by the Department of Human Services,

b. enhance family preservation and stability by recognizing that most children in placements with grandparents and other relatives within the third degree of relationship to the child do not need intensive supervision of the placement by the courts or by the Department of Human Services,

c. provide additional placement options and incentives that will achieve permanency and stability for many children who are otherwise at risk of foster care placement by the Department of Human Services because of abuse, abandonment, or neglect, but who may successfully be able to reside in the care of relatives within the third degree of relationship to the child, and

d. reserve the limited casework and supervisory resources of the Department of Human Services and the courts expended to care for children in state custody for those cases in which children do not have the option for safe, stable care within their immediate family.

B.  The Department of Human Services shall establish and operate a relative support program pursuant to eligibility guidelines established in this section and by rules of the Department promulgated thereto which will divert children from the foster care program operated by the Department of Human Services.  The relative support program shall provide assistance to relatives within the third degree of relationship to a child who are caring for the child on a full-time basis, regardless of whether there is a court order granting custody of the child to the relative.

C.  Grandparents or other such relatives who qualify for and participate in the relative support program are not required to be certified as foster parents or to meet the foster care requirements but shall be capable of providing a physically safe environment and a stable, supportive home for the children under their care.

D.  Upon request by grandparents or other relatives who are caring for a child on a full-time basis, the Department shall complete a needs assessment on such grandparents or other relatives to determine the appropriate services and support needed by the child and the grandparents or other such relatives.

E.  Within available funding specified by this section, the relative support program may provide grandparents or other suitable relatives with:

1.  Case management services;

2.  Monthly stipends or other financial assistance, family support and preservation services;

3.  Flexible funds to enable the grandparents or other relatives to meet unusual or crisis expenditures, including but not limited to, making housing deposits, utility deposits, or to purchase beds, clothing and food;

4.  Subsidized child care and after school care;

5.  Respite care;

6.  Transportation;

7.  Counseling;

8.  Support groups;

9.  Assistance in accessing parental child support payments;

10.  Aid in accessing food stamps, Social Security and other public benefits;

11.  Information about legal options for relative caregivers;

12.  Assistance for establishing a relative guardianship or relative custodianship for the child;

13.  Available volunteer attorney services;

14.  Mediation/family group conferencing; and

15.  Community-based services and state or federal programs available to the child and relatives to support the child's safety, growth and health development.

F.  Children living with grandparents or other relatives within the third degree of relationship to the child who are receiving assistance pursuant to this section shall be eligible for Medicaid coverage.

G.  Subject to availability of funding, and as may be permitted by federal law or regulations governing the Department of Human Services' block grant for Temporary Assistance for Needy Families (TANF), the Department of Human Services is specifically authorized to provide funding assistance from such block grant or other available funds for the development and operation of the relative support program by providing available funds which are not otherwise committed to or necessary for the provision of the Statewide Temporary Assistance Responsibility System.  In addition, the Department may use any other state, federal or private funds available to the Department for such purposes to implement the provisions of this section.

H.  1.  In order to qualify for the receipt of any monthly stipend, the grandparent or other relative shall meet any eligibility criteria determined by the Department of Human Services.

2.  Within limits of available funding, monthly stipends may be paid to grandparents or other relatives with the third degree of relationship to the child who have physical full-time custody of a child who would be unable to serve in that capacity without a monthly stipend because of inadequate financial resources, thus exposing the child to the trauma of potential placement in a shelter or in foster care placement by the Department of Human Services.  The statewide average monthly rate for children in the legal custody of grandparents or other relatives who are not certified as foster homes shall not exceed the cost of providing foster care.

I.  Additional assistance may be made available to qualified grandparents or other relatives within the third degree of relationship and children, based upon specific needs of the grandparent or other relative of the child and the specific needs of the child.  Such assistance shall also be subject to available funding.

J.  The relative support program established by the Department pursuant to this section may receive referrals from district courts of this state, from social service or child advocate agencies, from any other agency of this state, or other states or federal programs.  In addition, the relative support program may be accessed directly by the grandparents or other relatives of the affected children by application made to the Department of Human Services.

K.  The Department of Human Services may provide any services necessary to effectuate the purposes of this section by contract with any person or with any public or private entity.

L.  The provisions of this section shall also be available to a legal guardian of a child who is within the fifth degree of relation to the child.

M.  The Department of Human Services shall, pursuant to the provisions of the Administrative Procedures Act, promulgate any rules necessary to implement the provisions of this section.

N.  As a part of the relative support program, the Department shall develop, publish, and distribute an informational brochure for grandparents and other relatives who provide full-time care for children.  The information provided under the program authorized by this section may include, but is not limited to, the following:

1.  The benefits available to children and grandparents or other relatives pursuant to this section providing full-time care;

2.  The procedures to access the relative support program;

3.  A list of support groups and resources located throughout the state;

4.  Such other information deemed necessary by the Department; and

5.  The brochure may be distributed through municipal and district courts, hospitals, public health nurses, child protective services, medical professional offices, county health departments, elementary and secondary schools, senior citizens centers, public libraries, local, city, county and state offices and community action agencies selected by the Department.

O.  The Department of Human Services shall submit a report of the outcomes associated with the relative support program established pursuant to this section to the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the State Senate on or before January 15, 2002.

Added by Laws 2000, c. 385, § 4, eff. Nov. 1, 2000.


§10-22.2.  Short title - Purpose - Comprehensive strategic plan - Information database - Family resource assistance - Partnerships - Brochure.

A.  This section shall be known and may be cited as the "Investing in Stronger Oklahoma Families Act".

B.  It is the intent of the Oklahoma Legislature in enacting the Investing in Stronger Oklahoma Families Act to provide assistance to guardians of children, adoptive parents and other "created families", to assist such guardians, adoptive parents and families to assume permanent custody of children in need of safe and permanent homes, and to enhance family preservation and the stability of these homes.

C.  For purposes of implementing the Investing in Stronger Oklahoma Families Act, the Department of Human Services shall collaborate with appropriate local, state and federal agencies and private entities to develop by December 31, 2001, a comprehensive strategic state plan for investing in stronger families.

D.  The comprehensive strategic state plan shall:

1.  Set a goal to annually increase the number of programs for "created families" which will increase safe and permanent homes for children who are not in the custody of the Department but unable to reside with their biological parents and encourage and preserve the adoption or guardianship of and other legal custody arrangements for such children;

2.  Develop and implement a statewide public awareness campaign which will inform preadoptive homes, adoptive homes and other persons desiring to obtain guardianship or other legal custody of a child, of the programs, grants and other assistance available to them;

3.  Identify public and private resources, both within the agencies subject to the provisions of this section and within the state and within the communities;

4.  Provide for coordination and collaboration among related efforts and programs;

5.  Provide for contracts or agreements with public and private entities for utilization of identifiable financial resources from federal, state, local and private resources and coordinate those resources to fund-related services; and

6.  Apply for grants and matching monies to assist in the implementation of the Investing in Stronger Oklahoma Families Act including, but not limited to, funds derived from the "Respect Life - Support Adoption" license plates.

E.  As part of the development and implementation of the comprehensive strategic plan, the Department shall, as funds are available and using existing available state resources, develop an information database consisting of data on existing programs serving families who have taken on the responsibility of providing children with safe and permanent homes.  In developing the information database, the Department shall coordinate with the Children's Coordinated Data System developed by the Oklahoma Commission on Children and Youth.

F.  The Legislature hereby encourages the establishment of family resource assistance that links federal, state and local resources and programs and that creates collaborative and interorganizational partnerships between state governmental agencies and private and nonprofit entities and attorneys.  Such agencies and private and nonprofit entities shall include, but not be limited to:

1.  The Department of Human Services;

2.  The State Department of Education;

3.  The Oklahoma Department of Career and Technology Education;

4.  The Oklahoma Department of Commerce;

5.  The Oklahoma Employment Security Commission;

6.  The Oklahoma Health Care Authority;

7.  The State Department of Health;

8.  The Commission on Children and Youth;

9.  The State Department of Mental Health and Substance Abuse Services;

10.  The Oklahoma Department of Corrections;

11.  The Oklahoma State Regents for Higher Education;

12.  Community action agencies;

13.  Local and municipal groups;

14.  Substate planning groups;

15.  Religious and charitable organizations;

16.  Private child placement entities;

17.  Public or private foundations; and

18.  Representatives of the courts and attorneys who practice in adoption.

G.  The Department shall enter into collaborative and interorganizational partnerships as necessary to provide assistance to guardians, adoptive parents and other "created families".

H.  Within available funding specified by this section, the Department may provide created families with:

1.  Case management services;

2.  Flexible funds to enable the relatives, guardians, adoptive parents and other created families to meet unusual or crisis expenditures, including but not limited to, making housing deposits, utility deposits, or purchasing beds, clothing and food;

3.  Child care and after school care;

4.  Respite care;

5.  Transportation;

6.  Counseling;

7.  Support groups;

8.  Assistance in accessing parental child support payments;

9.  Aid in accessing food stamps, Social Security and other public benefits;

10.  Assistance for establishing a guardianship, adopting or obtaining custody of the child;

11.  Available volunteer attorney services;

12.  Mediation/family group conferencing; and

13.  Community-based services and state or federal programs serving guardians of children, adoptive families and other created families.

I.  The Department of Human Services may provide any services necessary to effectuate the purposes of this section by contract with any person or with any public or private entity.

J.  The Department of Human Services shall, pursuant to the provisions of the Administrative Procedures Act, promulgate any rules necessary to implement the provisions of this section.

K.  For purposes of the Investing in Stronger Oklahoma Families Act, the Department shall, from funds available, develop, publish, and distribute an informational brochure for guardians, adoptive parents and other created families who provide full-time care for children.  The information provided under the program authorized by this section may include, but is not limited to, the following:

1.  The benefits that may be available to children and created families pursuant to this section providing full-time care;

2.  The procedures to access the created families program;

3.  A list of support groups and resources located throughout the state; and

4.  Such other information deemed necessary by the Department.

Added by Laws 2001, c. 434, § 1, emerg. eff. June 8, 2001.


§1023.  National Youth Administration  Construction and operation of building jointly by county, city and fair association or board.

The board of county commissioners of any county, the county free fair association or county free fair board of such county, and any city in such county, are hereby authorized to purchase grounds for and to construct thereon, jointly, a building or buildings in conjunction with the National Youth Administration, and are further authorized to maintain and operate such building jointly, and may appropriate and expend such funds as are necessary therefor.

Laws 1941, p. 19, § 1.  

§10-24.  Appointment of counsel - Responsibility of Oklahoma Indigent Defense System - Compensation.

A.  1.  When it appears to the court that a minor or the minor's parent or legal guardian desires counsel but is indigent and cannot for that reason employ counsel, the court shall appoint counsel.

2.  In any case in which it appears to the court that there is a conflict of interest between a parent or legal guardian and a child so that one attorney could not properly represent both, the court may appoint counsel, in addition to counsel already employed by a parent or guardian or appointed by the court to represent the minor or parent or legal guardian; provided, that in all counties having county indigent defenders, the county indigent defenders assume the duties of representation in proceedings such as above.

3.  In no case shall the court appoint counsel to represent a grandparent or other relative of a minor, unless the grandparent or other relative is the duly appointed legal guardian of the minor or the court finds:

a. that the grandparent or other relative is functioning as the guardian or relative custodian of the minor pursuant to Section 21.3 or 21.4 of this title, or

b. that the appointment of counsel for the grandparent or other relative is in the best interests of the child.

4.  The provisions of this subsection shall be for proceedings other than those provided pursuant to the Oklahoma Children's Code.

B.  In all cases of juvenile delinquency proceedings and appeals, adult certification proceedings and appeals, reverse certification proceedings and appeals, youthful offender proceedings and appeals and any other proceedings and appeals pursuant to the Oklahoma Juvenile Code, except mental health proceedings and appeals and in-need-of-supervision proceedings and appeals, other than in counties where the county indigent defenders are appointed, the court shall, where counsel is appointed and assigned, allow and direct to be paid by the Oklahoma Indigent Defense System, a reasonable and just compensation to the attorney or attorneys for such services as they may render.  In all other cases pursuant to this title and in juvenile mental health proceedings and appeals and in-need-of-supervision proceedings and appeals, except in counties where county indigent defenders are appointed, the court shall, if counsel is appointed and assigned, allow and direct to be paid from the local court fund, a reasonable and just compensation to the attorney or attorneys for such services as they may render; provided that any attorney appointed pursuant to this subsection shall not be paid a sum in excess of One Hundred Dollars ($100.00) for services rendered in preliminary proceedings, and such compensation shall not exceed Five Hundred Dollars ($500.00) for services rendered during trial and not to exceed One Hundred Dollars ($100.00) for services rendered at each subsequent post-disposition hearing.

Added by Laws 1968, c. 163, § 1, emerg. eff. April 11, 1968.  Amended by Laws 1989, c. 363, § 1, eff. Nov. 1, 1989; Laws 1994, c. 340, § 1; Laws 1996, c. 301, § 1, eff. July 1, 1996; Laws 1998, c. 342, § 1, emerg. eff. June 3, 1998; Laws 2000, c. 385, § 5, eff. Nov. 1, 2000.


NOTE:  A former § 24 of this title, created by Laws 1941, p. 19, § 2, was repealed by Laws 1961, p. 15, § 1, emerg. eff. July 21, 1961.


§10-24.1.  Appointment of volunteer attorneys for indigent children not entitled to representation by Indigent Defense System.

A.  Effective July 1, 1996, except as provided in subsection B of this section, the duties and responsibilities for legal representation to indigent children who are subject to any proceeding or appeal provided for in the Oklahoma Children's Code, mental health proceeding and appeal, guardianship proceeding and appeal, private termination of parental rights proceeding and appeal, family law proceeding and appeal addressing custody or visitation and appeal, civil case in which the child is a defendant, criminal proceeding for a crime in which the child was a victim, and in-need-of-supervision proceeding shall no longer be provided by the Indigent Defense System, but shall be provided by volunteer attorneys appointed by the court pursuant to subsection H of Section 1355.8 of Title 22 of the Oklahoma Statutes.

B.  The Indigent Defense System shall complete all cases provided for in subsection A of this section and appeals for all such cases for which the System has been appointed prior to July 1, 1996, as follows:

1.  For providing counsel at the district court level through the disposition hearing if a hearing has not been held as of July 1, 1996, or through the next significant proceeding scheduled on or after July 1, 1996, if a disposition hearing has already been held; and

2.  For any pending nondelinquency appeal for which the System was appointed on or prior to June 30, 1996, until a decision and mandate are issued by the appropriate appellate court.

Added by Laws 1996, c. 301, § 2, eff. July 1, 1996.


§10-25.  Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998.

§10-26.  Renumbered as § 7202.1 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998.

§1027.  Renumbered as § 7202.2 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998.

§10-28.  Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998.

§10-29.  Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998.

§10-29.1.  Repealed by Laws 1997, c. 366, § 60, eff. Nov. 1, 1997.


NOTE:  In addition to repeal by Laws 1997, c. 366, § 60, this section was amended by Laws 1997, c. 386, § 16, to read as follows:

A.  Whenever the mother of a child born out of wedlock who has custody of the child executes a relinquishment for the purpose of adoption pursuant to the provisions of Section 28 of this title, the person or agency to whom such relinquishment is made shall file a petition with the district court of the county in which the relinquishment was executed for the termination of the parental rights of the persons entitled to notice pursuant to subsection B of this section unless such rights have been previously terminated or relinquished.

B.  Persons entitled to notice, pursuant to this section, shall include:

1.  Any person adjudicated by a court in this state to be the father of the child;

2.  Any person who is recorded on the child's birth certificate as the child's father;

3.  Any person who is openly living with the child and the child's mother at the time the proceeding is initiated or at the time the child was placed in the care of an authorized agency, and who is holding himself out to be the child's father;

4.  Any person who has been identified as the child's father by the mother in a sworn statement;

5.  Any person who was married to the child's mother within ten (10) months prior or subsequent to the birth of the child; and

6.  Any person who has filed with the paternity registry an instrument acknowledging paternity of the child, pursuant to Section  55.1 of this title.

C.  The court, as necessary, shall order the Department to provide the person or agency filing the petition with the name and address of any person on the registry established pursuant to Section  55.1 of this title who must be notified pursuant to the provisions of this section.

D.  Notice and hearing pursuant to this section shall comply with the provisions of Section 7006-1.2 of this title.  The notice shall also apprise such person of his legal rights and shall include a clear statement that failure to appear at the hearing shall constitute a denial of interest in the child which denial may result, without further notice of this proceeding or any subsequent proceeding, in the termination of his parental rights and the transfer of the child's care, custody or guardianship or in the child's adoption.

E.  A person may waive their right to notice under this section.  The waiver, signed by such person, shall include a statement affirming that the person signing the waiver understands that the waiver shall constitute grounds for the termination of the parental rights of such person pursuant to the provisions of this section and Section 60.6 of this title.

F.  1.  At the hearing the court may, if it is in the best interest of the child:

a. accept a relinquishment or consent to adoption executed by the father or putative father of the child, or

b. determine that the consent of the father or putative father to the adoption of the child is not required and may terminate any parental rights which the father or putative father may have, or

c. terminate the parental rights of the father or putative father, pursuant to the provisions of this section or Section 7006-1.1 of this title, or

d. grant custody of the child to the father or putative father, if the court determines the person to be the father of the child.

2.  The court shall terminate the rights of a father or putative father if he fails to appear at the hearing or has waived notice under this section.

G.  No order of the court shall be vacated, annulled, or reversed upon the application of any person who was properly served with notice in accordance with this section but failed to appear or who waived notice pursuant to subsection E of this section.

H.  An appeal may be taken from any final order, judgment, or decree rendered pursuant to this section to the Supreme Court by any person aggrieved thereby, in the manner provided for appeals from the court as provided in this subsection.

1.  All appeals of cases concerning the relinquishment of a child or the termination of parental rights pursuant to this section shall be initiated by filing a petition in error in the Supreme Court within thirty (30) days of the filing of the order, judgment, or decree appealed from.  The record on appeal shall be completed within thirty (30) days from the filing of the petition in error.  Any response to the petition in error shall be filed within twenty (20) days from the filing of the petition in error.

2.  The briefing schedule is established as follows:

a. 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,

b. appellee's answer brief shall be filed fifteen (15) days after the appellant's brief in chief is filed, and

c. appellant's reply brief may be filed within ten (10) days after the appellee's answer brief is filed.

I.  Any appeal when docketed shall have priority over all cases pending on said docket.  Adjudication of the appeals and in any other proceedings concerning the relinquishment of the child or the termination of parental rights pursuant to this section shall be expedited by the Supreme Court.


§10-30.  Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998.

§10-31.  Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998.

§1032.  Renumbered as § 7202.4 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998.

§10-33.  Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998.

§10-34.  Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998.

§10-35.  Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998.

§10-37.  Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998.

§1038.  Renumbered as § 7202.3 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998.

§1040.  Short title.

Sections 1 through 10 of this act shall be known and may be cited as the "Oklahoma Indian Child Welfare Act".

Added by Laws 1982, c. 107, § 1, emerg. eff. April 6, 1982.  

§1040.1.  Purpose  Policy of state.

The purpose of the Oklahoma Indian Child Welfare Act is the clarification of state policies and procedures regarding the implementation by the State of Oklahoma of the federal Indian Child Welfare Act, P.L. 95608.  It shall be the policy of the state to recognize that Indian tribes and nations have a valid governmental interest in Indian children regardless of whether or not said children are in the physical or legal custody of an Indian parent or Indian custodian at the time state proceedings are initiated.  It shall be the policy of the state to cooperate fully with Indian tribes in Oklahoma in order to ensure that the intent and provisions of the federal Indian Child Welfare Act are enforced.

Added by Laws 1982, c. 107, § 2, emerg. eff. April 6, 1982.  Amended by Laws 1994, c. 30, § 1, eff. Sept 1, 1994.


§1040.2.  Definitions.

For the purposes of the Oklahoma Indian Child Welfare Act:

1.  "Indian" means a person who is a member of an Indian tribe; 2.  "Indian child" means any unmarried or unemancipated person who is under the age of eighteen (18) and is either:

a. a member of an Indian tribe, or

b. is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe;

3.  "Indian custodian" means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody and control has been transferred by the parent of such child; and

4.  "Indian tribe" means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians.

Added by Laws 1982, c. 107, § 3, emerg. eff. April 6, 1982.  

§1040.3.  Application of act  Exemptions  Determination of Indian status.

A.  The Oklahoma Indian Child Welfare Act, in accordance with the federal Indian Child Welfare Act, applies to all child custody proceedings involving any Indian child except the following:

1.  A child custody proceeding arising from a divorce proceeding; or

2.  A child custody proceeding arising from an adjudication of delinquency, unless there has been a request for termination of parental rights.

B.  Except as provided for in subsection A of this section, the Oklahoma Indian Child Welfare Act applies to all state voluntary and involuntary child custody court proceedings involving Indian children, regardless of whether or not the children involved are in the physical or legal custody of an Indian parent or Indian custodian at the time state proceedings are initiated.

C.  The court shall seek a determination of the Indian status of the child in accordance with the preceding standard in the following circumstances:

1.  The court has been informed by an interested party, an officer of the court, a tribe, an Indian organization or a public or private agency that the child is Indian; or

2.  The child who is the subject of the proceeding gives the court reason to believe he is an Indian child; or

3.  The court has reason to believe the residence or domicile of the child is a predominantly Indian community.

D.  The court shall seek verification of the Indian status of the child from the Indian tribe or the Bureau of Indian Affairs.  A determination of membership by an Indian tribe shall be conclusive.  A determination of membership by the Bureau of Indian Affairs shall be conclusive in the absence of a contrary determination by the Indian tribe.

E.  The determination of the Indian status of a child shall be made as soon as practicable in order to ensure compliance with the notice requirements of Section 40.4 of this title.

Added by Laws 1982, c. 107, § 4, emerg. eff. April 6, 1982.  Amended by Laws 1994, c. 30, § 2, eff. Sept 1, 1994.


§1040.4.  Indian child custody proceedings  Notice.

In all Indian child custody proceedings of the Oklahoma Indian Child Welfare Act, including voluntary court proceedings and review hearings, the court shall ensure that the district attorney or other person initiating the proceeding shall send notice to the parents or to the Indian custodians, if any, and to the tribe that is or may be the tribe of the Indian child, and to the appropriate Bureau of Indian Affairs area office, by registered mail return receipt requested.  The notice shall be written in clear and understandable language and include the following information:

1.  The name and tribal affiliation of the Indian child;

2.  A copy of the petition by which the proceeding was initiated;

3.  A statement of the rights of the biological parents or Indian custodians, and the Indian tribe:

a. to intervene in the proceeding,

b. to petition the court to transfer the proceeding to the tribal court of the Indian child, and

c. to request an additional twenty (20) days from receipt of notice to prepare for the proceeding; further extensions of time may be granted with court approval;

4.  A statement of the potential legal consequences of an adjudication on the future custodial rights of the parents or Indian custodians;

5.  A statement that if the parents or Indian custodians are unable to afford counsel, counsel will be appointed to represent them; and

6.  A statement that tribal officials should keep confidential the information contained in the notice.

Added by Laws 1982, c. 107, § 5, emerg. eff. April 6, 1982.  Amended by Laws 1994, c. 30, § 3, eff. Sept 1, 1994.


§1040.5.  Emergency removal of Indian child from parent or custodian  Order.

A.  When a court order authorizes the emergency removal of an Indian child from the parent or Indian custodian of such child in accordance with 25 U.S.C. Section 1922, the order shall be accompanied by an affidavit containing the following information:

1.  The names, tribal affiliations, and addresses of the Indian child, the parents of the Indian child and Indian custodians, if any;

2.  A specific and detailed account of the circumstances that lead the agency responsible for the removal of the child to take that action; and

3.  A statement of the specific actions that have been taken to assist the parents or Indian custodians so that the child may safely be returned to their custody.

B.  No preadjudicatory custody order shall remain in force or in effect for more than thirty (30) days without a determination by the court, supported by clear and convincing evidence and the testimony of at least one qualified expert witness, that custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. However, the court may, for good and sufficient cause shown, extend the effective period of such order for an additional period of sixty (60) days.

Added by Laws 1982, c. 107, § 6, emerg. eff. April 6, 1982.  

§1040.6.  Placement preference.

The placement preferences specified in 25 U.S.C. Section 1915, shall apply to all preadjudicatory placements, as well as preadoptive, adoptive and foster care placements.  In all placements of an Indian child by the Oklahoma Department of Human Services (DHS), or by any person or other placement agency, DHS, the person or placement agency shall utilize to the maximum extent possible the services of the Indian tribe of the child in securing placement consistent with the provisions of the Oklahoma Indian Child Welfare Act.  This requirement shall include cases where a consenting parent evidences a desire for anonymity in the consent document executed pursuant to Section 60.5 of this title.  If a request for anonymity is included in a parental consent document, the court shall give weight to such desire in applying the preferences only after notice is given to the child's tribe and the tribe is afforded twenty (20) days to intervene and request a hearing on available tribal placement resources which may protect parental confidentiality, provided that notice of such hearing shall be given to the consenting parent.

Added by Laws 1982, c. 107, § 7, emerg. eff. April 6, 1982.  Amended by Laws 1994, c. 30, § 4, eff. Sept 1, 1994.


§1040.7.  Agreements with Indian tribes for care and custody of Indian children.

The Director of the Department of Human Services and the Executive Director of the Office of Juvenile Affairs are authorized to enter into agreements with Indian tribes in Oklahoma regarding care and custody of Indian children as authorized by the Federal Indian Child Welfare Act, 25 U.S.C. Section 1919.

Added by Laws 1982, c. 107, § 8, emerg. eff. April 6, 1982.  Amended by Laws 1997, c. 293, § 1, eff. July 1, 1997.


§1040.8.  Payment of foster care expenses under certain circumstances.

A.  In the event the Department of Human Services has legal custody of an Indian child, and that child is placed with a tribally licensed or approved foster home, the state shall pay the costs of foster care in the same manner and to the same extent the state pays the costs of foster care to statelicensed or stateapproved foster homes, provided that the tribe shall have entered into an agreement with the state pursuant to Section 8 herein, which shall require tribal cooperation with state plans required by federal funding laws.

B.  The state shall pay the costs of foster care of a child placed with a tribally licensed or approved foster home where the placement is made by a tribe having jurisdiction of the proceeding, provided that the tribe shall have entered into an agreement with the state pursuant to Section 8 herein, which shall require tribal cooperation with state plans required by federal funding laws.

Added by Laws 1982, c. 107, § 9, emerg. eff. April 6, 1982.  

§1040.9.  Records.

The Department of Human Services shall establish a single location where all records of every involuntary foster care, preadoptive placement and adoptive placement by the courts of any Indian child in the custody of the Department of Human Services or under Department of Human Services supervision will be available within seven (7) days of a request by the tribe of the Indian child or by the Secretary of Interior.  The records shall include, but not be limited to, all reports of the state caseworker, including a summary of the efforts to rehabilitate the parents of the Indian child, a list of the names and addresses of families and tribally approved homes contacted regarding placement, and a statement of reason for the final placement decision.

Added by Laws 1982, c. 107, § 10, emerg. eff. April 6, 1982.  

§10-55.  Repealed by Laws 1994, c. 356, § 36, eff. Sept. 1, 1994.

§10-55.1.  Renumbered as § 7506-1.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-57.  Repealed by Laws 1996, c. 297, § 29, emerg. eff. June 10, 1996.

§10-58.  Renumbered as § 60.18b of this title by Laws 1996, c. 297, § 28, emerg. eff. June 10, 1996.

§10-60.  Renumbered as § 7501-1.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.1.  Renumbered as § 7501-1.3 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.2.  Repealed by Laws 1997, c. 366, § 60, eff. Nov. 1, 1997.

§10-60.3.  Renumbered as § 7503-1.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.4.  Renumbered as § 7502-1.2 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.5.  Renumbered as § 7503-2.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.5A.  Repealed by Laws 1996, c. 297, § 29, emerg. eff. June 10, 1996.

§10-60.5B.  Renumbered as § 7504-1.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.5C.  Renumbered as § 7504-1.2 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.6.  Renumbered as § 7505-4.2 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.7.  Repealed by Laws 1997, c. 366, § 60, eff. Nov. 1, 1997.

NOTE:  A former § 60.7 of this title, added by Laws 1957, p. 23, § 7 and last amended by Laws 1972, c. 196, § 1 was repealed by Laws 1973, c. 69, § 2, emerg. eff. April 27, 1973.


NOTE:  In addition to repeal by Laws 1997, c. 366, § 60, this section was amended by Laws 1997, c. 386, § 18, to read as follows:

A.  Prior to a court hearing on a petition for adoption without the consent of a parent or parents, as provided for in Section 60.6 of this title, the consenting parent, legal guardian, or person having legal custody of the child to be adopted shall file an application stating the reason that the consent of the other parent or parents is not necessary.  The application shall be heard by the court and an order entered thereon in which said child is determined to be eligible for adoption pursuant to the provisions of Section 60.6 of this title.

B.  Prior to a hearing on the application, notice shall be given the parent whose consent is alleged to be unnecessary.  The notice of the application shall contain the name of each child for whom application for adoption is made, the date for hearing on the application, and the reason that said child is eligible for adoption without the consent of said parent.  Notice shall be served upon said parent in the same manner as a summons is served in civil cases, not less than ten (10) days prior to the hearing.  If said parent resides outside of the county, said notice shall be served upon said parent in the same manner as a summons is served in civil cases, not less than fifteen (15) days prior to the hearing.  If the location of said parent is not known and this fact is attested to by affidavit of the consenting parent, legal guardian, or person having legal custody of the child, notice by publication shall be given by publishing notice one time in a newspaper qualified as a legal newspaper, pursuant to the laws relating to service of notice by publication, in the county where the petition for adoption is filed.  The publication shall not be less than fifteen (15) days prior to the date of the hearing.

C.  The provisions of this section shall not be construed to require notice to a parent whose parental rights have been previously terminated pursuant to Section 7006-1.1, 7006-1.2 or 29.1 of this title.


§10-60.7a.  Renumbered as § 7505-1.3 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.9.  Repealed by Laws 1997, c. 366, § 60, eff. Nov. 1, 1997.

§10-60.10.  Renumbered as § 7503-2.7 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.11.  Repealed by Laws 1997, c. 366, § 60, eff. Nov. 1, 1997.

§10-60.12.  Renumbered as § 7505-3.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.13.  Renumbered as § 7505-5.4 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.14.  Renumbered as § 7505-6.3 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.15.  Renumbered as § 7505-6.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.16.  Renumbered as § 7505-6.5 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.17.  Renumbered as § 7505-1.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.18.  Renumbered as § 7505-6.6 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.18a.  Renumbered as § 7505-1.4 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.18b.  Renumbered as § 7505-7.2 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.19.  Renumbered as § 7505-7.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.20.  Renumbered as § 7502-1.4 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.21.  Renumbered as § 7507-1.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.22.  Renumbered as § 7501-1.2 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.

§10-60.23.  Renumbered as § 60 of this title by Laws 1996, c. 297, § 28, emerg. eff. June 10, 1996.

§10-60.25.  Renumbered as § 7510-1.1 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-60.26.  Renumbered as § 7510-1.2 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-60.27.  Renumbered as § 7510-1.3 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-60.28.  Renumbered as § 7510-1.4 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-60.29.  Renumbered as § 7510-1.5 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-60.30.  Renumbered as § 7510-1.6 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-60.31.  Renumbered as § 7510-2.1 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-60.32.  Renumbered as § 7510-2.2 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-60.33.  Renumbered as § 7510-2.3 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-60.34.  Renumbered as § 7510-2.4 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-60.35.  Renumbered as § 7510-2.5 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-60.51.  Renumbered as § 7511-1.1 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-60.52.  Renumbered as § 7511-1.2 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-60.53.  Renumbered as § 7511-1.3 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-60.54.  Renumbered as § 7511-1.4 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-60.55.  Repealed by Laws 1997, c. 366, § 60 eff. Nov. 1, 1997.

§10-60.56.  Renumbered as § 7511-1.5 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-61.  Renumbered as § 7510-3.1 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-61.51.  Renumbered as § 60.51 of this title by Laws 1995, c. 353, § 21, eff. Nov. 1, 1995.

§10-61.52.  Renumbered as § 60.52 of this title by Laws 1995 c. 353, § 21, eff. Nov. 1, 1995.

§10-61.53.  Renumbered as § 60.53 of this title by Laws 1995 c. 353, § 21, eff. Nov. 1, 1995.

§10-61.54.  Renumbered as § 60.54 of this title by Laws 1995, c. 353, § 21, eff. Nov. 1, 1995.

§10-61.55.  Renumbered as § 60.55 of this title by Laws 1995, c. 353, § 21, eff. Nov. 1, 1995.

§10-61.56.  Renumbered as § 60.56 of this title by Laws 1995, c. 353, § 21, eff. Nov. 1, 1995.

§10-62.  Renumbered as § 7510-3.2 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-63.  Renumbered as § 7510-3.3 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.

§10-70.  Presumption of maternity - Proceedings to establish paternity.

A.  Except as otherwise provided by law, a woman who gives birth to a child is the natural mother of the child.

B.  Paternity may be established by:

1.  A notarized written statement of the father and mother acknowledging paternity pursuant to Section 1-311.3 of Title 63 of the Oklahoma Statutes.  A statement acknowledging paternity shall have the same legal effect as an order of paternity entered in a court or administrative proceeding.

a. The statement may be rescinded by the mother or acknowledging father within the earlier of:

(1) sixty (60) days after the statement is signed by filing a signed rescission of affidavit acknowledging paternity form with the Office of the State Registrar of Vital Statistics, or

(2) the date of an administrative or judicial proceeding relating to the child, including but not limited to a proceeding to establish a support order, in which the signatory is a party.

After the sixty-day period referred to in division (1) of this subparagraph, a signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger.  Legal responsibilities, including but not limited to child support obligations, of any signatory arising from the acknowledgment shall not be suspended during the challenge, except for good cause shown.

This subparagraph shall not be interpreted to authorize the rescission of an acknowledgement of paternity if such rescission would be prohibited under applicable federal law.

b. (1) If the mother was married at the time of conception or birth, and her husband is not the natural father of the child, the husband may sign a husband's denial of paternity form, which must be filed along with the affidavit acknowledging paternity.

(2) The rescission of affidavit acknowledging paternity and the husband's denial of paternity forms shall be prescribed by the Department of Human Services and made available at the same locations as the affidavit acknowledging paternity provided for in Section 1-311.3 of Title 63 of the Oklahoma Statutes;

2.  Scientifically reliable genetic tests, including but not limited to blood tests;

3.  District or administrative court order; or

4.  As otherwise provided by law.

C.  1.  If the person signing the acknowledgment of paternity is determined in an administrative or judicial proceeding not to be the father of the child, on the basis of fraud, duress or material mistake of fact pursuant to subsection B of this section, the Department of Human Services, the Office of Administrative Hearings:  Child Support, or the court shall dismiss any pending court or administrative collection proceedings against the father and the father will be released from any court-ordered or Department-ordered payments for the support and maintenance of the child.

2.  The State Registrar of Vital Statistics shall remove the name of the person listed as the father from the birth certificate upon notice from the Department that such person has been judicially or administratively determined not to be the father.  Once paternity is established, the State Registrar of Vital Statistics shall correct its records and amend the birth certificate to reflect the father's name.

D.  Proceedings to establish paternity may be brought in the appropriate district court or through the Department.  Proceedings may be brought by the mother, father, guardian, or custodian of the child, the Department, the district attorney, a public or private agency or authority chargeable with the support of the child, or by the child.  The court, after determining paternity in a civil action, shall enter an order providing for the support and maintenance of the child.  The social security numbers of both parents and the child shall be included on the summary of support order form provided for in Section 120 of Title 43 of the Oklahoma Statutes which shall be submitted to the Central Case Registry as provided for in Section 112A of Title 43 of the Oklahoma Statutes.  The district court may further make provision for custody and visitation based upon the best interests of the child.

E.  An action to establish paternity shall be available to a child if commenced within one (1) year after the child reaches the age of eighteen (18).

Added by Laws 1985, c. 297, § 1, operative Oct. 1, 1985.  Amended by Laws 1987, c. 230, § 1, eff. Oct. 1, 1987; Laws 1989, c. 198, § 1, eff. Nov. 1, 1989; Laws 1991, c. 71, § 1, emerg. eff. April 15, 1991; Laws 1994, c. 356, § 3, eff. Sept. 1, 1994; Laws 1997, c. 402, § 1, eff. July 1, 1997; Laws 1998, c. 323, § 1, eff. Oct. 1, 1998; Laws 1999, c. 396, § 21, emerg. eff. June 10, 1999; Laws 2002, c. 314, § 1, eff. Nov. 1, 2002.


§1071.  Complaint  Verification  Jurisdiction  Title  Death of mother.

If a woman residing in any county of this state is delivered of a child, or is pregnant with a child, and the paternity of said child is not determined, complaint may be made, in writing duly verified by any person, to the district court stating that fact and charging the proper person with being the father thereof.  The proceeding shall be entitled in the name of the state against the accused as defendant and shall be brought by the district attorney of the proper county.  The death of the mother shall not abate an action which is brought under this section, and it will not prevent the bringing of an action for the support of the child.

Amended by Laws 1987, c. 230, § 2, eff. Oct. 1, 1987.  

§1076.1.  Issues  Burden of proof.

The issues of paternity, support, custody and visitation shall be tried before a judge of the district court and the burden of proof and procedure shall be the same as in an action for divorce.

§10-77.1.  Order of defendant to appear - Failure to appear - Genetic testing.

When the paternity petition is filed, the court shall order the defendant to appear and show cause why the court should not determine him to be the father.  If the defendant fails to appear, the court shall upon the findings of the judge enter an order determining paternity.  If the defendant appears and does not admit paternity, then the court shall enter at that time an order directing genetic testing to determine paternity.

Added by Laws 1985, c. 297, § 3, operative Oct. 1, 1985.  Amended by Laws 1989, c. 362, § 7, eff. Nov. 1, 1989; Laws 1994, c. 356, § 33, eff. Sept. 1, 1994.


§1078.  Court Order  Maintenance of child  Costs  Execution  Security.

If the accused be found guilty, he shall be charged with the maintenance of the child in such sum or sums, and in such manner as the court shall direct, and with the costs of the suit and execution may issue, immediately, and afterwards from time to time for the collection of any sum or sums ordered to be paid, and in addition thereto the court shall require the defendant to secure the performance of the order of the court, in such manner as the court shall direct, and the court shall have power to punish, as for contempt, any disobedience by the defendant of an order of the court issued under this section.

R.L.1910, § 4408; Laws 1951, p. 14, § 1.  

§10-79.  Repealed by Laws 1997, c. 403, § 21, eff. Nov. 1, 1997.

§1080.  Appeals.

Appeals may be taken in cases brought under the provisions of this Article, in the same manner and with like effect as in other actions in the district court.

§10-81.  Repealed by Laws 1985, c. 297, § 33, operative Oct. 1, 1985.

§10-82.  Repealed by Laws 1991, c. 71, § 7, emerg. eff. April 15, 1991.

§10-83.  Liability of father to support and educate child - Enforcement - Temporary orders for support.

A.  An individual who has been legally determined to be the father of a child pursuant to Section 70 of this title, or an individual who has been judicially or administratively determined to be the father of a child is liable for the support and education of the child to the same extent as the father of a child born in wedlock.

B.  1.  An action to enforce the obligation of support and education may be brought by the mother or custodian or guardian of the child, by the public authority chargeable with the support of the child, or by the child.

2.  An action to determine paternity and to enforce this obligation may be brought any time before the eighteenth birthday of the child.  An action to establish paternity under this act shall be available for any child for whom a paternity action was brought and dismissed because of the application of a statute of limitations of less than eighteen (18) years.

3.  If paternity has been legally determined pursuant to Section 70 of this title, or judicially or administratively determined, an action to enforce this obligation of support may be brought within the time periods specified by paragraph 7 of Section 95 of Title 12 of the Oklahoma Statutes.

4.  The father's obligation to support is terminated if the child is adopted.

5.  The court may order the payments made to the mother or custodian or guardian of the child, or to some other person, corporation or agency to administer under the supervision of the court.

C.  1.  An individual who has been legally determined to be the father of a child pursuant to Section 70 of this title, or an individual who has been judicially or administratively determined to be the father of a child shall be ordered to pay all or a portion of the costs of the birth and the reasonable expenses of providing for the child, provided that liability for support provided before the determination of paternity shall be imposed for five (5) years preceding the filing of the action.

2.  Copies of bills for pregnancy, child birth, and genetic testing are admissible as evidence without requiring third-party foundation testimony, and shall constitute prima facie evidence of amounts incurred for such services or for genetic testing on behalf of the child.

D.  The amount of child support and other support including amounts provided for in subsection C of this section shall be ordered and reviewed in accordance with the child support guidelines provided in Section 118 of Title 43 of the Oklahoma Statutes.

E.  1.  When a civil or administrative action is filed to determine paternity of a minor child, an interested party may request the court to enter a temporary order for support of the child pending a final determination of paternity.  The application for temporary support shall set forth facts supporting the application and shall be verified by the party or entity seeking the order.  The application and notice of hearing shall be served as in other civil cases.

2.  After service of the application and opportunity for hearing, the court shall enter a temporary order for support if the court finds there is clear and convincing evidence of paternity, including, but not limited to:

a. a genetic test which establishes a rebuttable or conclusive presumption of paternity pursuant to Section 504 of Title 10 of the Oklahoma Statutes,

b. a notarized written statement acknowledging paternity of the child executed by the putative father,

c. a presumption of paternity pursuant to Section 2 of this title, or

d. other evidence which establishes a high probability of paternity.

3.  Temporary orders for support shall be established in accordance with the child support guidelines pursuant to Section 118 of Title 43 of the Oklahoma Statutes.  A temporary support order terminates when a final judgment is entered which establishes support or when the action is dismissed.  A temporary support order shall not be retroactively modified, but it may be modified prospectively before final judgment upon motion of an interested party and a showing of facts supporting a modification.

Added by Laws 1965, c. 378, § 3.  Amended by Laws 1985, c. 297, § 4, operative Oct. 1, 1985; Laws 1987, c. 230, § 4, eff. Oct. 1, 1987; Laws 1989, c. 198, § 3, eff. Nov. 1, 1989; Laws 1990, c. 309, § 1, eff. Sept. 1, 1990; Laws 1991, c. 71, § 2, emerg. eff. April 15, 1991; Laws 1994, c. 356, § 4, eff. Sept. 1, 1994; Laws 1997, c. 402, § 2, eff. July 1, 1997; Laws 1998, c. 323, § 2, eff. Oct. 1, 1998.


§1084.  Liability of father for expenses of mother.

The father of a child born out of wedlock is liable for the reasonable expenses of the mother during the period of her pregnancy, confinement and recovery, whether or not the child is born alive.  This liability may only be enforced within three (3) years after the birth of the child and, where the child is born alive, it must be enforced in an action for the support of the child.

Laws 1965, c. 378, § 4. Laws 1965, c. 378, § 4.  

§10-85.  Repealed by Laws 1994, c. 356, § 36, eff. Sept. 1, 1994.

§1086.  Determination of parentage  Duties of court clerk.

When a court of competent jurisdiction makes a determination as to the parentage of any person in any criminal or civil proceeding, the clerk of the court shall transmit to the State Commissioner of Health, on a form prescribed by the Commissioner, a written notification of such entry together with such other facts as may assist in identifying the birth record of the person whose parentage was in issue.  The court clerk shall also transmit to the Department of Human Services for recordation in the paternity registry established pursuant to Section 6 of this act on a form prescribed by the Department a notification of the determination including the name and address of the person whose parentage was determined and the person who was determined to be the father.

If any determination as to parentage shall be reversed, set aside, or abrogated by a later judgment, decree or order of the court, the court clerk shall send such information in writing to the State Commissioner of Health and to the Department of Human Services if necessary, for inclusion in or deletion from the paternity registry established pursuant to Section 6 of this act.

Added by Laws 1985, c. 337, § 5, eff. Feb. 1, 1986.  

§10-89.  Persons who may bring paternity action - Jurisdiction - Petition - Summons - Pleading - Failure of defendant to answer - Proceedings brought by Department of Human Services.

A.  The mother, putative father, guardian or custodian of the child, the Department of Human Services, a public or private agency or authority chargeable with the support of the child, or the child may bring an action in a civil proceeding in district court or by an administrative action through the Department of Human Services, to determine paternity and the amount of child support due and owing for the maintenance of the child.

B.  Venue of an action to determine the paternity of a child pursuant to this section shall be, at the option of the plaintiff, in either the county where the putative father, mother, or child resides.  If the mother or child or both the mother and child reside out-of-state, venue of an action to determine the paternity of a child pursuant to this section, at the option of the plaintiff, may be in the county where the putative father resides.

C.  A court may exercise personal jurisdiction over a person, whether or not a resident of this state, who is the subject of a paternity action.  When a person who is subject to the jurisdiction of the court is outside the state, the person may be served outside of the state by any method that is authorized by the statutes of this state.  In an action brought in this state to determine paternity and which also seeks a support order, jurisdiction shall be determined pursuant to the Uniform Interstate Family Support Act.

D.  The petition shall be verified as true by the affidavit of the plaintiff.  A summons may be issued thereon and shall be served or publication made as in other civil cases.

E.  The practice, pleading, and proceedings in such action shall conform to the rules prescribed by the code of civil procedure as far as the same may be applicable.

F.  If the defendant fails to answer the petition of the plaintiff or appear for show cause hearing, then the court shall proceed to determine issues of paternity, support, custody and visitation in the same manner as provided for in actions for divorce.

G.  Attorneys for the Department of Human Services may appear or initiate an action brought under this section on behalf of:

1.  A recipient of Temporary Assistance for Needy Families; or

2.  A person not receiving Temporary Assistance for Needy Families, including but not limited to the putative father, upon the request of such person and proper application pursuant to rules and regulations adopted by the Department.  A reasonable fee and costs may be assessed for the services by the Department.

H.  In a proceeding brought under subsection G of this section by the Department of Human Services, the court may, and unless it is not in the best interests of the child, shall, limit the issues in that proceeding to issues of paternity and support, unless issues of custody and visitation are specifically and affirmatively pled by the father.  All contested issues of custody and visitation shall be addressed by the district court.

Added by Laws 1985, c. 297, § 5, operative Oct. 1, 1985.  Amended by Laws 1987, c. 230, § 6, eff. Oct. 1, 1987; Laws 1989, c. 198, § 4, eff. Nov. 1, 1989; Laws 1994, c. 356, § 5, eff. Sept. 1, 1994; Laws 1995, c. 273, § 1, emerg. eff. May 25, 1995; Laws 1997, c. 402, § 3, eff. July 1, 1997; Laws 1998, c. 323, § 3, eff. Oct. 1, 1998.


§10-89.1.  Joinder of sexual partners as defendants.

A.  All persons who have had sexual intercourse with a woman during the possible time of conception of a child for whom paternity is not determined may be joined as defendants in an action to determine the paternity of the child.

B.  When more than one defendant is named or joined in a paternity action, the court shall order all defendants to appear.  The court shall order genetic testing of all defendants who are duly served, including defendants who fail to answer or appear.  The court may order the mother, the child, or other individuals necessary to make a determination of paternity to submit to genetic testing.

C.  1.  When genetic testing indicates a probability of paternity greater than ninety-eight percent (98%) for a specific defendant pursuant to Section 504 of Title 10 of the Oklahoma Statutes, the court shall enter an order establishing that defendant as the father.

2.  If a defendant fails to answer, or to appear for hearing or genetic testing after being ordered to appear, and all other duly served defendants have been excluded as possible fathers by genetic testing, the court shall enter an order establishing the defendant who failed to answer or appear as the father.

3.  If one or more defendants fail to appear for genetic testing after being ordered to appear for testing, the court may proceed to determine paternity and related issues based upon competent testimony and genetic test results, if any.

D.  The court has the authority to enforce a subpoena or order to appear or to submit to genetic testing, or any other order entered pursuant to this section.

E.  After paternity is determined by the court, the court shall dismiss the paternity action against the other defendants.

Added by Laws 1987, c. 230, § 7, eff. Oct. 1, 1987.  Amended by Laws 1997, c. 403, § 1, eff. Nov. 1, 1997.


§10-89.3.  Costs and attorney fees to prevailing party.

In an action to determine paternity brought pursuant to Section 89 of this title, the court may award and tax fees and costs, and apportion them between the parties as in actions for dissolution, legal separation, or annulment.  In an action brought by a state agency, fees and costs shall be awarded in accordance with Section 941 of Title 12 of the Oklahoma Statutes.

Added by Laws 1987, c. 230, § 8, eff. Oct. 1, 1987.  Amended by Laws 1997, c. 403, § 2, eff. Nov. 1, 1997.


§10-90.1.  Repealed by Laws 1991, c. 71, § 7, emerg. eff. April 15, 1991.

§10-90.1A.  Repealed by Laws 1991, c. 71, § 7, emerg. eff. April 15, 1991.

§10-90.2.  Repealed by Laws 1991, c. 71, § 7, emerg. eff. April 15, 1991.

§10-90.3.  Repealed by Laws 1991, c. 71, § 7, emerg. eff. April 15, 1991.

§1090.4.  Children born out of wedlock  Change of name.

A.  At any time after a determination of paternity, the mother, father, custodian or guardian of the child may file a motion requesting the court to order that the surname of the child be changed to the surname of its father.  The court shall thereafter set a hearing on said motion.  Notice of the filing of the motion and the date of the hearing shall be served by process on all parties.

B.  If, after said hearing, the judge finds that it is in the best interest of the child to bear the paternal surname, the court shall enter an order to that effect which shall include findings of fact as to each issue raised by the parties.

C.  The practice, pleading, and proceedings as set forth in this section shall conform to the applicable rules prescribed by the Code of Civil Procedure.

Added by Laws 1986, c. 82, § 1, emerg. eff. April 3, 1986.  

§10-90.5.  Paternity action or action for arrearage of child support - Visitation rights of noncustodial parent.

In all cases of paternity and for arrearage of child support, the district court shall make inquiry to determine if the noncustodial parent has been denied reasonable visitation.  If reasonable visitation has been denied by the custodial parent to the noncustodial parent, the district court shall include visitation provisions in the support order.

Added by Laws 1990, c. 309, § 2, eff. Sept. 1, 1990.  Amended by Laws 1991, c. 71, § 4, emerg. eff. April 15, 1991; Laws 1998, c. 323, § 4, eff. Oct. 1, 1998.


§1091.  Authority of district courts.

The district courts shall have authority to confer upon minors the rights of majority concerning contracts, and to authorize and empower any person, under the age of eighteen (18) years, to transact business in general, or any business specified, with the same effect as if such act or thing were done by a person above that age; and every act done by a person so authorized shall have the same force and effect in law as if done by persons at the age of majority.

R.L.1910, § 4427; Laws 1973, c. 59, § 1, emerg. eff. April 27, 1973.  

§1092.  Procedure to confer rights of majority  Petition  Jurisdiction and venue  Decree.

Any minor desiring to obtain the rights of majority for the purpose named in Section 91 of this title may, by his next friend, file a verified petition in the district court of the county in which such minor shall reside, or, if the minor is a nonresident of the State of Oklahoma, said verified petition shall be filed in the county in Oklahoma where said minor owns real estate, setting forth the age of the minor petitioner and that said petitioner is then and has been a bona fide resident of such county for at least one (1) year next before the filing of the petition, or that said minor is a nonresident owning property within the State of Oklahoma, and the cause for which the petitioner seeks to obtain the rights of majority.  The petition should state whether or not the parents of the minor are living, and if living, their names and addresses; whether or not a guardian has been appointed for the minor and, if a guardian has been appointed, the guardian's name and address; who has legal custody of the minor and, if the person having legal custody is not a parent or the guardian, the name and address of the person who has custody.  And the district court being satisfied that the said petitioner is a person of sound mind and able to transact his affairs, and that the interests of the petitioner will be thereby promoted, may, in its discretion, order and decree that the petitioner be empowered to exercise the rights of majority for all purposes mentioned in this act.

R.L.1910, § 4428; Laws 1973, c. 18, § 1, eff. Oct. 1, 1973.  

§1093.  Notice of hearing of petition to be given by certified mail and by publication in newspaper.

When the petition mentioned in 10 O.S. 1971, Section 92, is filed the court shall fix a day for the hearing thereof, which day shall be not less than fifteen (15) nor more than thirty (30) days from the date of the filing of the petition.  Notice of the hearing of the petition shall be sent by certified mail, return receipt requested, delivery restricted to addressee only, to the parents of the minor, if living, to the guardian of the minor, if one has been appointed, or to the person who has custody of the minor if such person is other than parent or guardian of the minor, and if both of the minor's parents are dead, the court may order that notice be sent by certified mail, return receipt requested, delivery restricted to addressee only, to other relatives of the minor; provided, however, that no notice shall be sent to a person who endorses on the petition that notice of the day of the hearing is waived.  Notice of the hearing shall be given by publication in some newspaper printed in the county where such petition is filed, and if there be none, then in some legal newspaper having a general circulation in the county one time, at least ten (10) days prior to the day set for the hearing of the said petition.  Before the court may enter an order conferring majority rights in the hearing provided for herein, proof must be presented to the court at said hearing that notice was given to all persons entitled thereto as provided herein.

R.L.1910, § 4429; Laws 1973, c. 18, § 2, eff. Oct. 1, 1973.  

§1094.  Costs.

The costs of the proceedings under this Article shall be paid by the minor petitioner.

R.L.1910, § 4430.  

§10114.6.  Rehabilitation of juvenile offenders through court supervised work projects.

Every children's court, city court, county court or other court in this state possessing jurisdiction under existing law to try, punish, institutionalize or supervise minors is hereby further authorized to restrict any minor judicially determined to have committed a misdemeanor or act of vandalism or delinquency which in such court's judgment is not serious enough to warrant placement in an institution, but is serious enough to require restitution for acts of delinquency, as follows:

(a) Every such minor may be provided suitable work on such public or civic projects, or other charitable programs as the judge might, in his own discretion, find to be appropriate.

(b) Time and supervision to perform such tasks may be provided at the court's discretion by an officer of any governmental agency, and funds to pay for this supervision shall be provided from the court fund of the court involved.

(c) No minor shall be required hereunder to perform what would be classed in a penal institution as "hard labor", nor to interrupt a bona fide educational program nor to be assigned to such work for more than six (6) weeks.

Laws 1965, c. 405, § 1, emerg. eff. July 5, 1965.  

§10116.  County probation officer  Counties having population of 190,000 or more and city of 100,000 or more.

In each county of this state having a population of one hundred ninety thousand (190,000) or more and containing a city of one hundred thousand (100,000) population or more, as shown by the last Federal Decennial Census or any future Federal Decennial Census, there is hereby created the office of probation officer, who shall be a county officer charged with the supervision and care of the parolees of such county, and who shall maintain an office in the county building of that county.

Laws 1939, p. 227, § 1; Laws 1941, p. 19, § 1.  

§10116a.  Appointment  Qualifications  Political activities  Application of act  United States and agencies, powers respecting  Arrests  Information  Seal.

(a) A majority of the courts of record of such county shall appoint a person of good character with training and experience in probation, parole or other related form of social case work.

(b) Said probation officer shall not in any manner be concerned in demanding, soliciting or receiving any assessments, subscriptions or contributions, whether voluntary or involuntary, to any political party.  It shall be unlawful for any such person to be in any manner concerned with demanding or soliciting such assessments, subscriptions or contributions from any person.

Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or imprisonment not exceeding one (1) year, or both, and in addition thereto any person so convicted shall forfeit his office or employment and shall not thereafter be employed by the courts in any capacity.  It shall be the duty of the courts to dismiss from office any officer or other employee thereof who shall violate any of the provisions of this section.

(c) The provisions of this act are hereby extended to all persons who, at the effective date thereof, may be on probation or parole, or eligible to be placed on probation or parole under existing laws, with the same force and effect as if this act had been in operation at the time such persons were placed on probation or parole or became eligible to be placed thereon as the case may be.

(d) Said probation officer shall have the authority to accept from the United States or any of its agencies and from the State of Oklahoma or any of its agencies, such advisory services, funds, equipment or supplies as may be made available to said officer for any of the purposes contemplated by this act, and to enter into such contracts and agreements with the United States, or any of its agencies, the State of Oklahoma or any of its agencies, as may be necessary, proper, and convenient, not contrary to the laws of this state.

(e) Any probation officer may arrest a probationer or parolee without a warrant or may deputize any other officer with power of arrest to do so by giving him a written statement setting forth that the probationer or parolee has, in the judgment of the probation officer, violated the conditions of probation.

(f) All penal, eleemosynary or other institution under the jurisdiction of the State of Oklahoma, and any law enforcement agency or officer of the state or of any city or county within this state shall furnish said probation officer with any and all information requested by him pertaining to any person placed on probation or under his jurisdiction.

(g) Said officer shall adopt an official seal of which the courts shall take judicial notice, said seal shall be placed upon all official correspondence or papers pertaining to any case coming within his jurisdiction.

Laws 1939, p. 227, § 2; Laws 1941, p. 19, § 1.  

§10116b.  Duties of probation officer  Investigations.

It shall be the duty of the probation officer to perform any and all duties required of him by the aforementioned judges of such counties in the supervision, care, investigation, and rehabilitation of persons whose sentences are suspended by the judges of the courts of record of the county; and upon order of a district judge of such county he shall investigate any matter pending before said judge and report to him in the manner prescribed by said judge.

Laws 1939, p. 228, § 3; Laws 1941, p. 19, § 1.  

§10116c.  Assistant probation officer  Salary.

In each county of this state wherein there is authorized to be appointed a probation officer under the provisions of 10 O.S.1951, Section 116, there is hereby further authorized the appointment of an assistant probation officer, pursuant to the same method and qualifications as are required for the appointment of the probation officer, and such assistant probation officer shall be under the direction and supervision of the probation officer after such appointment and qualification.  The salary of such assistant probation officer shall be determined and fixed by a majority of the judges of the courts of record of such county, at not more than Fortyeight Hundred Dollars ($4,800.00) nor less than Thirtysix Hundred Dollars ($3,600.00) per annum, payable monthly.  In addition to such salary, the assistant probation officer shall receive Six Hundred Dollars ($600.00) per annum, payable monthly out of the court fund of such county for expenses in attending to the duties of such office.

Laws 1939, p. 228, § 4; Laws 1941, p. 19, § 1; Laws 1943, p. 21, § 1; Laws 1947, p. 42, § 1; Laws 1949, p. 52, § 1; Laws 1953, p. 24, § 1; Laws 1961, p. 16, § 1.  

§10116d.  Construction of act.

This act shall not be construed to repeal any existing acts pertaining to the employment or appointment of probation officers in an county of the state.

Laws 1939, p. 228, § 5; Laws 1941, p. 19, § 1.


§10116e.  Salary of probation officer.

In each county of this state having a population in excess of two hundred thousand (200,000), according to the Federal Decennial Census of 1960 or any succeeding Federal Decennial Census, the probation officer shall receive a salary of Six Thousand Dollars ($6,000.00) per annum, payable monthly.  In addition to such salary the probation officer shall receive Six Hundred Dollars ($600.00) per annum, payable monthly out of the court fund of such county for expenses in attending to the duties of such office.

Laws 1947, p. 42, § 2; Laws 1951, p. 17, § 2; Laws 1953, p. 23, § 1; Laws 1957, p. 28, § 1; Laws 1961, p. 16, § 2.  

§10116f.  Secretaries to probation officer  Duties  Salary.

The probation officer authorized under the provisions of 10 O.S.1951, Section 116, shall be authorized to employ not more than three secretaries, subject to confirmation of such appointment by a majority of the judges of the courts of record of such county, and such secretaries may be assigned, in addition to the normal duties of a secretary, certain responsibilities and powers relating to probational functions as the probation officer may direct upon approval of such assignment by such judges.  The salary of such secretary shall be determined and fixed by such judges at not more than Four Thousand Eight Hundred Dollars ($4,800.00) nor less than Two Thousand Four Hundred Dollars ($2,400.00) per annum.

Laws 1949, p. 52, § 1; Laws 1953, p. 23, § 2; Laws 1957, p. 29, § 2; Laws 1961, p. 17, § 3; Laws 1965, c. 81, § 1, emerg. eff. May 3, 1965. Laws 1949, p. 52, § 1; Laws 1953, p. 23, § 2; Laws 1957, p. 29, § 2; Laws 1961, p. 17, § 3; Laws 1965, c. 81, § 1, emerg. eff. May 3, 1965.  

§10116g.  Salaries in counties of over 200,000.

In counties having more than two hundred thousand (200,000) population according to the 1960 or any succeeding Federal Decennial Census, all salaries above set forth shall be paid onehalf (1/2) out of the court fund and onehalf (1/2) out of the general fund of such counties.

Laws 1961, p. 17, § 4.  

§10130.1.  Definitions.

When used in this act unless otherwise expressly stated, or unless the context or subject matter otherwise requires:

(a) "The Court" means the district court.

(b) "The Judge" means any judge of the district court.

(c) "Child" means a female person less than eighteen (18) years of age, and a male person less than sixteen (16) years of age.

Laws 1955, p. 109, § 1.  

§10130.2.  Authority to provide home.

The board of county commissioners in every county in this state having a population in excess of three hundred thousand (300,000), according to the Federal Decennial Census of 1950, or any succeeding Federal Decennial Census, is hereby authorized to and shall provide a suitable home for the detention of delinquent juveniles in such county.

Laws 1955, p. 109, § 2.  

§10130.3.  Bonds.

The board of county commissioners shall have authority to issue bonds of the county in payment of the costs of the detention home for juveniles authorized in Section 2 of this act; provided, however, that the bonds shall not be issued until the question shall have been first submitted to the people of the county, and threefifths (3/5) of the qualified voters voting at any general election, or special election called by the board of county commissioners for the purpose, shall have declared by their votes in favor of issuing such bonds.  Provided, further, that the calling of such bond election and the issuance of said bonds shall conform to the provisions of law relating to and prescribed for the issuance of bonds by the county for roads and bridges.

Laws 1955, p. 110, § 3.  

§10130.4.  Design and location  Equipment and furnishings.

The design and location of the home to be provided in compliance with this act, and the equipment and furnishings required for its operation shall be approved by the court after consultation with the county sheriff, district attorney and the Oklahoma CityCounty Board of Health.

Laws 1955, p. 110, § 4.  

§10130.5.  Operation of home  Personnel  Salaries  Costs.

The home established under the provisions of this act shall operate as an agency of the court, and the court shall appoint the necessary superintendents, matrons, supervisors, medical personnel, technicians, and other employees as may be necessary for the management and supervision thereof, and shall fix the salaries of said appointees within the range of the salaries of other district court employees.  The operation and maintenance costs including salaries of all employees appointed for the operation of the home shall be paid monthly out of the general revenue fund of the county. All such appointees shall serve at the pleasure of the court.

Laws 1955, p. 110, § 5.  

§10130.6.  Release of child to custody of parent or other person.

Whenever a child is placed in custody by a law enforcement officer, unless it is impracticable or has been otherwise ordered by the court, such child may be released to the custody of a parent, guardian or custodian upon the written promise of such person to produce the child in court at a time fixed by the court.  If not so released such child shall be taken as soon as practicable to the court or the juvenile home established by this act.  Pending further disposition of the case, such child may be released to the custody of a parent or other person appointed by the court, or be detained in such place as shall be designated by the court, subject to further order of the court.

Laws 1955, p. 110, § 6. d

§10130.7.  Separation from adults.

No child shall be confined in any police station, prison, jail or lockup, nor be transferred or detained in any place where such child can come in contact or communication with any adult convicted of a crime, or under arrest and charged with a crime.  Provided further that any male person sixteen (16) or seventeen (17) years of age who may be in the custody of any peace officer or detained or confined in any police station, jail, or lockup, shall not be permitted to come in contact with, and shall be kept separate from, any person eighteen (18) years of age or older convicted of a crime or under arrest and charged with a crime.

Laws 1955, p. 110, § 7.  

§10130.8.  Taking of child into custody.

Nothing in this act shall be construed as forbidding any peace officer or employee of the court from taking in custody any child who is found violating any law or ordinance, or removing any child from surroundings which are detrimental to his welfare.  In every case any officer taking a child into custody shall report the fact to the court as soon as practicable, and the matter shall proceed as provided by law.

Laws 1955, p. 110, § 8.  

§10130.9.  Partial invalidity.

If any word, phrase, clause, sentence or other portion of this act, or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other portions, provisions or applications of this act which can be given effect without the invalid portion, provision or application, and to this end the provisions of this act are declared to be severable.

Laws 1955, p. 110, § 9.  

§10131.  Powers of county commissioners  Commitment of children to other institutions, associations or corporations.

The county commissioners of any county of this state having a population of not less than seventyfive thousand (75,000) persons, according to the last Decennial Federal Census, or any Decennial Federal Census hereafter taken, are hereby authorized and empowered, if they deem it necessary or expedient, to purchase a farm and to construct, establish, equip and maintain thereon, at the expense of the county, county supervised schools and homes for neglected and dependent boys and girls of such county, under the age of sixteen (16) years, who may be appointed to such schools by the district court of such county, and to make enlargements and additions thereto from time to time.  Such commissioners shall also have power to purchase farm equipment to be used in connection with such schools, to purchase materials, supplies and equipment for manual, vocational or other training or education, and to erect, enlarge, remodel, and repair such building, dormitories, residences, administration and school buildings, and barns and outbuildings as they may from time to time deem necessary or expedient.

Provided, that such county commissioners may rent a suitable site and buildings for such purpose, and purchase the necessary equipment and supplies therefor.  Provided, further, that said county commissioners shall make no expenditures or contract for expenditures hereunder until a tax levy for such purposes shall have been made as hereinafter provided; and provided, further, that the district court of such county, may, in his discretion, commit dependent and neglected children to such other institutions as may be now or hereafter provided by law for such purposes, or to the care of some association or corporation willing to receive them, which said corporation or association embraces in its objects the purpose of caring for and obtaining homes for such neglected and dependent children.

Laws 1919, c. 297, p. 433, § 1; Laws 1925, c. 161, p. 257, § 1; Laws 1967, c. 367, § 1, emerg. eff. May 22, 1967.  

§10132.  Tax levy.

For the purpose of purchasing sites, erecting or enlarging buildings, purchasing equipment, repairing or remodeling buildings or equipment and for the purpose of defraying the maintenance cost and current running expenses of such schools and homes, the excise board of each county hereby authorized to establish and conduct such schools and homes, is hereby authorized in addition to all other levies, to make an annual levy upon all property in the county subject to taxation upon an ad valorem basis, of not to exceed onehalf (1/2) of one (1) mill per annum, which is hereby declared not to be a current expense, and to be for a special purpose, known as County Supervised School and Home Fund, in addition to the maximum levy for current expenses now provided by law.

Laws 1919, c. 297, p. 433, § 2; Laws 1925, c. 161, p. 257, § 1.  

§10133.  Board of general supervision  Appointments  Salaries and removal of appointees.

The judge of the juvenile court, or children's court, or a judge of the district court, if there be no judge of the juvenile court or children's court, and the chairman of the board of county commissioners and a superintendent of a school district located in whole or in part in the county shall constitute a board of general supervision for such schools and homes.  If there is more than one school district located in whole or in part in the county the superintendents of each school district shall rotate membership on the board on an annual basis in a manner to be determined by the judge of the district court.  They shall appoint a superintendent, matrons, teachers and such other persons as may, in their judgment, be necessary for the management of such schools and homes, and for instruction therein, and shall fix the salaries of such appointees, which salaries shall be paid monthly out of the funds derived from the tax levy provided for in this act.  The said board shall also have power to remove any appointee at will.

Laws 1919, c. 297, p. 433, § 3; Laws 1925, c. 161, p. 257, § 1; Laws 1967, c. 367, § 2, emerg. eff. May 22, 1967; Laws 1993, c. 239, § 1, eff. July 1, 1993.


§10134.  Inmates  Eligibility  Appointment and attendance  Terms  Return to parents or guardians.

All boys or girls under the age of sixteen (16) years, residing in such county, and who may be adjudged to be dependent or neglected children, under existing laws, shall be eligible to appointment to such schools and homes, and the district court of such county shall have power to enforce their appointment and attendance thereat.  The length of term for which such children shall be required to attend such schools and homes shall be determined by the board of supervision; provided, that nothing in this act shall be construed so as to prevent the said board from delivering any such child back to the parent or guardian at any time they may deem proper.

Laws 1919, c. 297, p. 434, § 4; Laws 1925, c. 161, p. 257, § 1; Laws 1967, c. 367, § 3, emerg. eff. May 22, 1967.  

§10135.  Reports of children not attending school  Notice to parents or guardians  Investigations and reports  Power of district court.

It is hereby declared to be the duty of the superintendent of the school district in which the child resides, together with the truant and probation officers, to report to the district court the names of all children who are neglected or dependent and who are not attending school as provided by law, and upon the filing of such report, the judge of the district court shall cause the probation officer to serve notice upon the parents, guardian, or other person having such children in charge.

It shall be the duty of the probation officer under such notice, to investigate the condition of such children and to report the same to the judge of the district court.  Upon such information, the judge of the district court may, if he deems it proper, cause such child or children to be placed in said schools and homes under the provisions of this act.

Laws 1919, c. 297, p. 434, § 5; Laws 1925, c. 161, p. 257, § 1; Laws 1993, c. 239, § 2, eff. July 1, 1993.


§10136.  Visits by parents, guardians and near relatives.

The parents, guardians, or near relatives of such children shall be permitted to visit such homes and see the children at any reasonable hour; provided, that the board of supervision or the superintendent shall be empowered to designate certain hours for visitation.  No parents, relatives or guardian of any such children shall be allowed to board, take meals or sleep at such homes unless such persons be an employee at such homes and schools.

Laws 1919, c. 297, p. 434, § 6; Laws 1925, c. 161, p. 257, § 1.  

§10137.  Guardian refusing to maintain child or send him to school  Delivery of child to court  Charge for board and clothing.

The guardian of any child who has an income or estate belonging to such child sufficient to educate and maintain such child and who refuses to maintain such child, or refuses to send him to school as provided by law, shall be compelled under the provisions of this Act, to deliver said child to the juvenile court; provided, that no charge of more than Fifteen Dollars ($15.00) per month shall be made for board and other additional expenses necessary to clothe such child, and that the county judge or judge of the juvenile court or children's court may, by proper order, use any part of the estate of such child, or the income therefrom, for said purposes.

Laws 1919, c. 297, p. 434, § 7; Laws 1925, c. 161, p. 257, § 1; Laws 1967, c. 367, § 4, emerg. eff. May 22, 1967.  

§10151.  Control vested in local boards of education.

The control of the education of all children in the State of Oklahoma, now located in or in the control or custody of any Orphanage, Charitable Institution or Organization, or hereafter located in, or placed under the control or in the custody of any such Orphanage, Charitable Institution or Organization, of whatsoever nature, not making provision for the education of the children under its care or control, from funds derived privately and not derived from public taxation, is hereby vested in the local board of education of the school district wherein such Orphanage, Charitable Institution or Organization is located.  The provisions of this Act shall not apply to any institution in control of the State.

Laws 1921, c. 234, p. 259, § 1.  

§10152.  Reports of number of children requiring school facilities.

The Manager, Superintendent, or party in control of any Orphanage, Childrens' Home or Charitable Institution or Organization receiving, controlling, or having in charge, any children known as orphans or wayward children of school age, whose education is not wholly provided for from funds provided for by such Orphanage, Children's Home, or Charitable Organization or Institution, shall not later than June 15th of each year, file a written report of the number of children confined in the said Orphanage, Children's Home or other such Institution, giving their names, ages, residence of parents or guardians, if any, and the aggregate number of children under its control or custody, that it will be necessary to provide school facilities for during the ensuing school year.  Said report shall be filed with the clerk of the school district wherein said Institution is located and shall be under oath of said Manager, Superintendent or party in charge.

Laws 1921, c. 234, p. 259, § 2.  

§10153.  Inclusion of cost of education in school districts' budgets.

The Board of Education of any school district wherein is located any such Institution as is described in Section 2 hereof, shall in making up their annual budget, include therein under "Estimate items of receipt other than ad valorem taxes," and include as an asset, a sum equal to the aggregate number of children as shown by the report as set out in Section 2 hereof, multiplied by the per capita cost of education, per pupil, as shown by the clerk's report of the preceding year, less the total county and state apportionment to be collected by said district on account of said children, as shown by the Treasurer's report of the year previous.

Laws 1921, c. 234, p. 260, § 3. d

§10154.  School superintendents' reports of children attending schools.

At the beginning of the last month of each yearly term of school, the Superintendent of Public Schools of any school district affected by the provisions of this Act, shall make a written report of any and all children confined in any Institution as is defined in Section 2 hereof, who shall have attended or been in control of the public schools of said district during the current year, their ages, attendance, their progress made and promotions, if any.  Said report shall be in triplicate under oath and filed with the clerk of the Board of Education.

Laws 1921, c. 234, p. 260, § 4.  

§10170.1.  Authorization to consent to medical or dental care.

A.  1.  Either parent or the legal guardian or the legal custodian appointed by the court of a minor may authorize, in writing, any adult person into whose care the minor has been entrusted to consent to any:

a. x-ray examination,

b. anesthetic,

c. medical or surgical diagnosis or treatment,

d. hospital care, or

e. immunization, blood tests, examinations, Guidance Services, and Early Intervention Services provided by a city or county Department of Health,

to be rendered to said minor under the general or special supervision and upon the advice of a physician and surgeon licensed under the laws of the State of Oklahoma, or to consent to an xray examination, anesthetic, dental or surgical diagnosis or treatment and hospital care to be rendered to said minor by a dentist licensed under the laws of the State of Oklahoma.

2.  If any parent or other person falsely represents in writing that such parent or other person has legal custody or legal guardianship of the minor child, or if any adult falsely represents that the written authorization provided for in this subsection is valid, and a health professional provides health services or care as provided by this section in good faith upon such misrepresentation, the health professional shall incur no liability except for negligence or intentional harm.

B.  Either parent, if both parents have legal custody, or the parent or person having legal custody or the legal guardian of a minor may authorize, in writing, pursuant to the provisions of Section 1-116.2 of Title 70 of the Oklahoma Statutes a school or county nurse or in the absence of such nurse, a school administrator or designated school employees to administer:

1.  A nonprescription medicine; and

2.  A filled prescription medicine as that term is defined by Section 353.1 of Title 59 of the Oklahoma Statutes.

Laws 1974, c. 208, § 1, emerg. eff. May 15, 1974; Laws 1984, c. 192, § 2, emerg. eff. May 14, 1984; Laws 1992, c. 273, § 2, eff. Sept. 1, 1992; Laws 1994, c. 15, § 1, eff. Sept. 1, 1994.


§10170.2.  Emergency treatment.

In case of an accident requiring emergency treatment, nothing in this act shall be construed so as to prohibit any person having custody or control of a minor child from taking such steps as are necessary to insure such emergency treatment.

Laws 1974, c. 208, Section 2, emerg. eff. May 15, 1974.


§10-175.1.  Legislative intent and purpose.

It is the intent and purpose of Sections 175.3 through 175.13 of this title to provide for a more efficient administration of the Children with Special Health Care Needs Program in Oklahoma and to:

1.  Provide for a continuity of dependable funds to establish and conduct a program of medical care for children who have or are at increased risk for a chronic physical, developmental, behavioral, or emotional condition and who also require health and related services of a type or amount beyond that required by children generally;

2.  Provide leadership in building and promoting a community-based system of services that is family-centered, comprehensive, coordinated, and culturally competent;

3.  Cooperate with all public and private agencies and institutions interested in the care of children in making funds and resources of these public and private agencies and institutions available for the care of such children; and

4.  Cooperate with the appropriate agency of the federal government in making effective the provisions of the Federal Social Security Act, 42 U.S.C., Section 301 et seq., relating to children with special health care needs and such other laws, provisions, or programs that the Congress has adopted or may adopt for the remedial care of such children, including, but not limited to, provisions for prevention, for locating such children and for providing medical, corrective, and other services and care, and facilities for diagnosis, hospitalization, and aftercare for such children.

Added by Laws 1959, p. 29, § 1, eff. July 1, 1959.  Amended by Laws 1992, c. 249, § 1, eff. Sept. 1, 1992; Laws 2004, c. 107, § 1, emerg. eff. April 15, 2004.


§10-175.2.  Repealed by Laws 1992, c. 249, § 6, eff. Sept. 1, 1992.

§10175.3.  Definitions.

(a) The term "Commission" when used in this Act shall mean the Oklahoma Public Welfare Commission.

(b) The term "child" when used in this Act shall mean any person under twentyone (21) years of age, whose parents, parent, spouse or legal guardian is financially unable to provide essential medical, dental, hospital, convalescent and nursing home care.

(c) The term "Director" when used in this Act shall mean the Director of Public Welfare, who shall be the administrative officer of the Commission.

(d) The term "Committee" when used in this Act shall mean the Professional Advisory Committee or other committees authorized by the Commission.

(e) The term "Chairman" when used in this Act shall mean the Chairman of the Professional Advisory Committee.

Laws 1959, p. 29, Section 3.


§10175.4.  Commission as agent of the state.

The Commission is hereby designated as the agency of the State responsible for and having authority for the administration and operation of the program of the services for children as stated in Section 5 of this Act, and to supervise generally the administration of any services related to this program but not administered directly under the Commission.  The purposes of this program shall include the development, extension and improvement of services for locating such children and for providing medical, dental, corrective and other services and care, and facilities for diagnosis, hospitalization, treatment and aftercare.

Laws 1959 P. 30, Sec. 4.


§10175.5.  Rules and regulations.

(a) The Commission is hereby authorized and directed to formulate and to be responsible for the administration and operation of a comprehensive and detailed plan for the purposes specified in Section 175.1 et seq. of this title, and to make such rules and regulations as may be necessary or desirable for the administration of this plan and the implementation of the provisions of this act.

(b) The Commission shall receive and expend in accordance with such plan all necessary funds made available to it by the United States government, by the state or its political subdivisions, or by any other sources for such purposes.

(c) The Commission shall cooperate with the federal government, through its appropriate agency, in developing, extending, and improving such services, and in the administration of the plan.

(d) The Commission shall establish and maintain such methods of administration, including those necessary to establish and maintain a merit system of personnel administration, as are necessary for effective and efficient operation of the plan; shall maintain records and prepare reports of services rendered; and shall cooperate with health, medical, dental, nursing and welfare agencies and organizations, and with any other agency of this state charged with the administration of laws providing for the vocational or remedial rehabilitation of handicapped children.

(e) The Director is hereby authorized and directed to perform all the duties and functions now performed by the Director of the Oklahoma Commission for Crippled Children and such other duties relating to the Children with Special Health Care Needs Program as may be assigned to the Director by the Commission.  The Director is hereby authorized and directed, subject to the control of the Commission, to set up in the Department of Public Welfare a unit to be charged primarily with responsibility in the field of health services for crippled children, including the planning, promoting and coordinating of crippled children's services.  The Director is hereby authorized to delegate to the Supervisor of such unit of the Department such authority as is necessary under the laws of the federal government and rules and regulations promulgated by the Secretary of Health, Education and Welfare, necessary to carry out the provisions of this act, subject to the administrative supervision of the Director.

(f) The Commission is authorized to create positions, fix salaries and employ necessary professional and clerical personnel, to appoint advisory committees or consultants, and to pay necessary travel expenses.

(g) The Commission shall have authority to provide for the expenditure of all funds for the administration and operation of the program as specified in this act, including payment for physician's and dentist's services if payment is recommended by the council of the Oklahoma State Medical Association or the Executive Council of the Oklahoma Dental Association.

(h) The Commission is hereby authorized and directed to formulate plans and procedures and to make such rules and regulations as may be necessary for the care of children with emergency conditions.

Laws 1959, p. 30, § 5; Laws 1992, c. 249, § 2, eff. Sept. 1, 1992.


§10-175.6.  Repealed by Laws 1993, c. 155, § 4, eff. July 1, 1993.

§10175.7.  Powers of Commission.

(a) The Commission is hereby authorized and empowered to approve or disapprove hospitals, convalescent homes, boarding homes, nursing homes or foster homes and to contract for their services on a basis not to exceed their per diem cost basis.  The Commission is hereby also authorized and empowered to approve or disapprove professional personnel for the various types of services authorized and contemplated by this act, and to contract for their services.

(b) Only a person who has been duly licensed by the Board of Examiners in Optometry to practice optometry in this state, or a person who has been duly licensed by the State Board of Medical Licensure and Supervision to practice medicine or surgery in this state shall be employed or paid under the provisions of this act, or from appropriations made by this act, to examine the eyes of a visually handicapped child to determine whether or not he has a defective vision that can be corrected with lenses, or to fit and furnish lenses for any such child.

§10175.8.  Fund  State Treasurer.

(a) The State Treasurer shall receive all funds, and act as custodian thereof, granted to the State by the Federal Government for the purposes specified in this Act, and shall keep such funds in a special account to be known by the title "Federal Crippled Children's Funds," and these funds shall be disbursed upon claims approved by the Director and filed with the Budget Director for payment.

(b) All monies, except reimbursement for expenditures from Federal sources, collected by the Commission through the authority of this Act, from parents, other persons, agencies, or counties shall be deposited with the State Treasurer, who shall act as custodian thereof, and shall keep such funds in a revolving fund, to be known by the title of "State Crippled Children's Fund," and these funds are hereby appropriated for the purposes specified in this Act and shall be disbursed upon claims approved by the Director and filed with the Budget Director for payment.

Laws 1959 P. 31, Sec. 8.


§10175.9.  Homes  Right to enter.

No person shall by virtue of this Act have any right to enter any home over the objection of the parent or guardian of a child and nothing in this Act shall be construed as limiting the power of the parent or guardian of a child.  The Commission, however, with the consent of the parents, parent or legal guardian may provide necessary medical care and other services for a child as indicated in Sections 1 and 5 of this Act.

Laws 1959, p. 31, Sec. 9.


§10175.10.  Applications for crippled children's services.

(a) Applications for crippled children's services on behalf of a child may be made directly to the Commission by a court, by a county welfare director, or by a parent, physician, osteopath, dentist, county health official, child welfare worker or consultant, or by any other interested person or agency.  The Director on behalf of the Commission may accept or reject any such application.  Upon acceptance of an application, the Director on behalf of the Commission shall determine the extent of eligibility for care in accordance with the provisions of this Act; provided, that nothing in this Section shall interfere with the administration and operation of emergency plans and procedures as authorized in Section 175.5, subsection (h), of this Title.

(b) The Commission may collect in whole or in part reimbursement from the parent or other person or volunteer agency for services provided for the child, provided that no child shall be denied services because of financial inability on the part of the family or legal guardian.

(c) Any charges for services provided by the Commission under authority granted by this Act based upon application made by the county welfare director becomes payable to the Commission in whole or in part from the respective children's budget account, provided for in Section 175.11 of this Title.  Collections shall be based upon terms agreed upon by the Commission and the respective county welfare director.

(d) Any charges for services provided by the Commission under authority granted by this Act based upon application made by a county welfare director that are not reimbursed from the County Crippled Children's Budget Account and any charges for services provided by the Commission upon application made by a child welfare worker of the Department of Public Welfare become payable from the sums allocated and appropriated for the purpose of carrying out the provisions of this Act, upon certification and approval of the claims by the Director.

Laws 1959, p. 32, Section 10; Laws 1968, c. 414, Sec. 7. Emerg. eff. Jan. 13, 1969.


§10175.12.  Children's Hospital of Oklahoma.

(a) The Children's Hospital of Oklahoma, including its clinics and laboratories, is hereby designated as a service institution for the physically handicapped children of this state, which also serves as a teaching and training hospital for the School of Medicine of the University of Oklahoma.  Payment for services by the Commission to the Children's Hospital of Oklahoma shall be based on the actual per diem cost of patient care exclusive of professional instructional expense.  In the event that the Commission and Board of Regents of the University of Oklahoma cannot agree on a per diem charge for patients of the Commission, the Director of State Finance, with the approval of the Governor, is hereby authorized to establish a rate of pay which shall prevail.  The Children's Hospital of Oklahoma shall grant the Commission a priority in the assignment of hospital services, which are to be distributed as equitably as is possible among the counties of this state.

(b) The Commission shall be obligated, insofar as practicable, to use the available facilities of the Children's Hospital of Oklahoma to a degree that will enable the University of Oklahoma School of Medicine to maintain its proper patient ratio for accreditation; Provided, that this provision shall not cause undue hardship to a patient.

§10175.13.  Deposit and use of monies.

All monies paid by the Commission to the Children's Hospital of Oklahoma shall be deposited in the Oklahoma Medical Center Disbursing Fund, and shall be used for the general operating expenses of the Children's Hospital of Oklahoma, including payment of personal services.

§10-175.20.  Day treatment programs - Definition - Required programs and policies.

A.  As used in Sections 603.4 and 7102 of this title and the Oklahoma Children's Code, "day treatment program" means nonresidential, partial hospitalization programs, day treatment programs, and day hospital programs in which children and adolescents are placed for psychiatric or psychological treatment.  Day treatment programs shall serve children and adolescents who are experiencing severe psychiatric symptoms, disturbances of conduct, decompensating conditions affecting mental health, or severe developmental delays that seriously impair their capacity to function age-appropriately in their daily lives and that place them at risk of inpatient hospital, residential or other institutional care.  Day treatment programs shall provide mental health ambulatory, active treatment programs that shall include therapeutic, coordinated and structured clinical services in a stable, therapeutic milieu, with the goal of preventing the need for or reducing the length of inpatient or institutional care, and reintegrating of the child into the school and the community.  A day treatment program shall not mean an alternative school or alternative education program as such terms are defined in rules promulgated by the State Board of Education.

B.  All day treatment programs shall adopt:

1.  A patient and family bill of rights;

2.  Grievance procedures for reporting complaints or grievances to the State Department of Health, the Department of Mental Health and Substance Abuse Services or the Office of Client Advocacy, and that are appropriate for the complaint or grievance; and

3.  Policies governing the use of force, which shall be in compliance with the provisions of Section 7004-3.3 of this title.

C.  The Commission for Human Services shall promulgate rules governing participation of a foster care family in the treatment of a child and in family therapy with a child when the child is in foster care.

Added by Laws 1995, c. 231, § 1, eff. Nov. 1, 1995.  Amended by Laws 2001, c. 415, § 1, emerg. eff. June 5, 2001.


§10-361.  Santa Claus Commission - Creation - Membership - Christmas presents.

There is hereby created a commission to be known as the Santa Claus Commission.  The Commission shall consist of three (3) members to be appointed by the Executive Director of the Office of Juvenile Affairs.  The Santa Claus Commission shall have authority to provide or purchase, in accordance with the procedures in the Oklahoma Central Purchasing Act, a Christmas present for every child who is in the custody of the state residing in a child care institution of the Department of Human Services or the Office of Juvenile Affairs, a licensed child care institution or a group home or foster home, supported in whole or in part by the state, as defined by the Department of Human Services or the Office of Juvenile Affairs, who would not otherwise receive a present.

Added by Laws 1937, p. 100, § 1.  Amended by Laws 1980, c. 144, § 1, emerg. eff. April 7, 1980; Laws 1983, c. 304, § 3, eff. July 1, 1983; Laws 1986, c. 42, § 1; Laws 1994, c. 45, § 1, eff. Sept. 1, 1994; Laws 1996, c. 247, § 1, eff; July 1, 1996.


§10-362.  Meetings of Santa Clause Commission - Chairperson - Eligible recipients - Gifts and contributions.

The Executive Director of the Office of Juvenile Affairs shall appoint the chairperson of the Santa Claus Commission.  The Commission shall meet at the call of the chairperson on at least a quarterly basis.  The chairperson may call such other special meetings as may be necessary.  The Commission shall work under the supervision and direction of the Office of Juvenile Affairs.  Upon request of the Commission, the Department of Human Services and the Office of Juvenile Affairs shall provide the Commission with a list of the eligible institutions and number of children in such institutions which are eligible to receive gifts pursuant to Section 361 of this title.  Said Commission is hereby expressly authorized to receive and accept, for and on behalf of the state, gifts and contributions from any person, firm, or individual, fairly and equally distributing such gifts and contributions to the children eligible for such gifts.

Added by Laws 1937, p. 100, § 2.  Amended by Laws 1980, c. 144, § 2, emerg. eff, April 7, 1980; Laws 1983, c. 304, § 4, eff. July 1, 1983; Laws 1986, c. 42, § 2; Laws 1994, c. 45, § 2, eff. Sept. 1, 1994; Laws 1996, c. 247, § 2, eff. July 1, 1996.


§10-363.  Claims - Approval and payment.

All claims for the purchase of gifts under the terms and provisions of Sections 361 through 363 of this title shall be approved by the Executive Director of the Office of Juvenile Affairs and paid out of the funds herein as established by and for the benefit of the Santa Claus Commission.

Added by Laws 1937, p. 101, § 3.  Amended by Laws 1983, c. 304, § 5, eff. July 1, 1983; Laws 1985, c. 178, § 9, operative July 1, 1985; Laws 1986, c. 42, § 3; Laws 1994, c. 45, § 3, eff. Sept. 1, 1994; Laws 1996, c. 247, § 3, eff. July 1, 1996.


§10-401.  Purpose and policy of law - Minimum standards.

A.  Sections 401 through 410 of this title shall be known and may be cited as the "Oklahoma Child Care Facilities Licensing Act".

B.  It is the declared purpose and policy of the Oklahoma Child Care Facilities Licensing Act, to:

1.  Ensure maintenance of minimum standards for the care and protection of children away from their own homes;

2.  Encourage and assist the child care facility toward maximum standards; and

3.  Work for the development of sufficient and adequate services for child care through joint work of public, private and voluntary agencies.  Whenever possible, child care facilities should help to preserve and restore family life for children.

C.  In order to provide care for children in child care facilities, a license shall be obtained from the Department of Human Services, which is issued on the basis of meeting minimum standards which are essential for the health and welfare of the child or children placed for care with such agencies and individuals.

D.  The Child Care Facilities Licensing Division within the Department of Human Services shall work with representatives from municipalities to develop a single child care licensure procedure for use by state and local entities.

Added by Laws 1953, p. 17, § 1.  Amended by Laws 1963, c. 89, § 1, emerg. eff. May 23, 1963; Laws 1993, c. 122, § 1, emerg. eff. April 29, 1993; Laws 2001, c. 174, § 1, eff. Nov. 1, 2001; Laws 2002, c. 158, § 1, eff. Jan. 1, 2003.


§10-402.  Definitions.

As used in the Oklahoma Child Care Facilities Licensing Act:

1.  "Child" or "minor" means any person who has not attained the age of eighteen (18) years;

2.  "Child care facility" means any public or private child care residential facility, child placing agency, foster family home, group home, child care center, part-day child care program, family child care home, or large family child care home providing either full-time or part-time care for children away from their own homes;

3.  "Child placing agency" means a child welfare agency licensed to place children in foster family homes, group homes or adoptive homes;

4.  "Full-time care" means continuous care given to a child beyond a minimum period of twenty-four (24) hours;

5.  "Foster family home" means the private residence of a family which provides foster care services to a child, and includes a specialized foster home, a therapeutic foster family home, or a kinship care home;

6.  "Foster parent eligibility assessment" includes a criminal background investigation, including, but not limited to, a national criminal history records search based upon the submission of fingerprints, a home assessment, and any other assessment required by the Department of Human Services, the Department of Juvenile Justice, or any child-placing agency pursuant to the provisions of the Oklahoma Foster Care and Out-of-Home Placement Act.  A foster parent eligibility assessment shall be similar to the procedures used by the Department of Public Safety for determining suitability of an individual for employment as a highway patrol officer;

7.  "Group home" means a home providing full-time care and community-based services for more than five, but fewer than thirteen children;

8.  "Family child care home" means a family home which provides care and supervision for seven or fewer children for part of the twenty-four-hour day.  The term "family child care home" shall not include informal arrangements which parents make independently with neighbors, friends, and others, or with caretakers in the child's own home;

9.  "Large family child care home" means a residential family home which provides care and supervision for eight to twelve children for part of the twenty-four-hour day;

10.  "Child care center" means a facility which provides care and supervision for children and which operates for more than thirty (30) hours per week.  The term "child care center" shall not include informal arrangements which parents make independently with neighbors, friends, and others, or with caretakers in the child's own home;

11.  "Part-day child care program" means a facility that provides care and supervision for children and that operates for more than fifteen (15) and up to thirty (30) hours per week;

12.  "Residential child care facility" means a twenty-four-hour residential facility where children live together with or are supervised by adults who are not their parents or relatives;

13.  "Department" means the Department of Human Services;

14.  "Commission" means the Commission for Human Services, the policy-making and general supervisory body of the Department; and

15.  "Division" means the section within the Department that is assigned responsibilities pursuant to the provisions of the Oklahoma Child Care Facilities Licensing Act.

Added by Laws 1953, p. 18, § 2.  Amended by Laws 1963, c. 89, § 2, emerg. eff. May 23, 1963; Laws 1986, c. 263, § 2, operative July 1, 1986; Laws 1992, c. 228, § 1, emerg. eff. May 19, 1992; Laws 1993, c. 122, § 2, emerg. eff. April 29, 1993; Laws 1998, c. 414, § 15, emerg. eff. June 11, 1998; Laws 1999, c. 233, § 1, eff. Nov. 1, 1999; Laws 2001, c. 174, § 2, eff. Nov. 1, 2001.


§10-403.  Exemptions from application of act.

A.  The provisions of the Oklahoma Child Care Facilities Licensing Act shall not apply to:

1.  Care provided in a child's own home or by relatives;

2.  Informal arrangements which parents make with friends or neighbors for the occasional care of their children;

3.  Programs in which school-aged children are participating in home-schooling;

4.  Programs that serve children three (3) years of age and older and that are operated during typical school hours by a public school district;

5.  Programs that serve children three (3) years of age and older and that are operated during typical school hours by a private school that offers elementary education in grades kindergarten through third grade;

6.  Summer youth camps for children who are at least five (5) years of age, that are accredited by a national standard-setting agency or church camp accreditation program;

7.  Programs in which children attend on a drop-in basis and parents are on the premises and readily accessible;

8.  A program of specialized activity or instruction for children that is not designed or intended for child care purposes including, but not limited to, scouts, 4-H clubs and summer resident youth camps, and single-activity programs such as academics, athletics, gymnastics, hobbies, art, music, dance and craft instruction;

9.  Preschools, kindergartens, mother's day out or other facilities that provide care and supervision for fifteen (15) or fewer hours per week;

10.  Facilities whose primary purpose is medical treatment;

11.  Boarding schools that have education as their primary purpose and that are recognized as accredited by the State Board of Education.  To be exempt, such programs shall:

a. have classroom facilities that are not used for residential living,

b. not have been granted nor have assumed legal custody of any child attending the facility, and

c. adhere to standard educational holiday and seasonal recess periods to permit students reasonable opportunities to return to their primary places of residence with parents or legal guardians.

For purposes of this act, the Oklahoma School of Science and Mathematics shall be considered a boarding school and as such shall be exempt from licensure;

12.  Day treatment programs and maternity homes operated by a licensed hospital; or

13.  Juvenile facilities certified by the Office of Juvenile Affairs or certified by any other state agency authorized by law to license such facilities.

B.  The provisions of the Oklahoma Child Care Facilities Licensing Act shall be equally incumbent upon all private and public child care facilities.

Added by Laws 1953, p. 18, § 3.  Amended by Laws 1963, c. 89, § 3, emerg. eff. May 23, 1963; Laws 1993, c. 122, § 3, emerg. eff. April 29, 1993; Laws 1998, c. 386, § 3, eff. July 1, 1998; Laws 1999, c. 233, § 2, eff. Nov. 1, 1999; Laws 2000, c. 385, § 6, eff. Nov. 1, 2000; Laws 2001, c. 174, § 3, eff. Nov. 1, 2001; Laws 2004, c. 187, § 1, eff. Nov. 1, 2004.


§10-404.  Minimum requirements and desirable standards.

A.  The Department of Human Services shall appoint advisory committees of representatives of child care facilities and others to prepare minimum requirements and desirable standards for promulgation by the Commission for Human Services.  A majority of any committee appointed to prepare requirements and standards for child care facilities shall be representatives of child care facilities.

B.  Standards promulgated for residential child care facilities shall include, but not be limited to, requirements for:

1.  A constructive program and services to meet the needs of each child and family;

2.  Staff of good moral character and ability for child care;

3.  Adequate and safe housing, sanitation, and equipment;

4.  Good health care;

5.  Full educational and religious opportunities;

6.  Good community relationships;

7.  Essential records and administrative methods; and

8.  Sufficient funds for sound operation.

C.  The Commission shall promulgate rules establishing minimum requirements and desirable standards as may be deemed necessary or advisable to carry out the provisions of the Oklahoma Child Care Facilities Licensing Act.

D.  Such rules shall not be promulgated until after consultation with the State Department of Health, the State Department of Education, the Oklahoma State Bureau of Investigation, the State Fire Marshal, and any other agency deemed necessary by the Commission.  Not less than sixty (60) days' notice, by regular mail, shall be given to all current licensees before any changes are made in such rules.

E.  In order to improve the standards of child care, the Department shall also advise and cooperate with the governing bodies and staffs of child care facilities and assist the staffs thereof through advice of progressive methods and procedures and suggestions for the improvement of services.

F.  The Department may participate in federal programs for day care services, and enter into agreements or plans on behalf of the state for such purpose, in accordance with federal laws and regulations.

  G.  Foster family homes, group homes, and day care homes that have been selected and are supervised by a licensed child care facility, and that meet the standards established for licensing pursuant to the provisions of the Oklahoma Child Care Facilities Licensing Act, may be maintained and operated on the basis of permits issued by such child care facility.

Added by Laws 1953, p. 18, § 4.  Amended by Laws 1963, c. 89, § 4, emerg. eff. May 23, 1963; Laws 2000, c. 385, § 7, eff. Nov. 1, 2000; Laws 2001, c. 174, § 4, eff. Nov. 1, 2001; Laws 2004, c. 187, § 2, eff. Nov. 1, 2004.


§10-404.1.  Criminal history records search - Foster parent eligibility.

A.  1.  Except as otherwise provided by subsection B of this section, the Department of Human Services shall require a criminal history records search, conducted by the Oklahoma State Bureau of Investigation, for any person making application to establish or operate a child care facility prior to the issuance of a license to operate such facility.

2. a. Every child care facility shall arrange, prior to employment, for a criminal history records search to be conducted by the Oklahoma State Bureau of Investigation for any person to be employed by the child care facility.

b. In addition, any child care facility, licensed or approved pursuant to the Oklahoma Child Care Facilities Licensing Act, and located in a private residence, shall arrange for a criminal history records search for any adult residing in the child care facility.  A criminal history records search conducted by the Oklahoma State Bureau of Investigation shall also be completed for any adult who subsequently moves into the private residence.

3.  If the adult has lived in Oklahoma for less than one (1) year, a criminal history records search shall also be obtained from the previous state of residence.  If the applicant planning to establish or operate a child care facility, or an employee or contract employee of the child care facility, or the contractor of the child care facility has resided in Oklahoma for less than one (1) year, the criminal history records search shall also be obtained from such person's previous state of residence.

4.  The Department of Juvenile Justice may directly request national criminal history records searches as defined by Section 150.9 of Title 74 of the Oklahoma Statutes from the Oklahoma State Bureau of Investigation for the purpose of obtaining the national criminal history of any employee or applicant who has resided in Oklahoma for less than one (1) year for which a search is required.

B. 1. a.  On and after September 1, 1998:

(1) any child-placing agency contracting with a person for foster family home services or in any manner for services for the care and supervision of children shall also, prior to executing a contract, complete:

(a) a foster parent eligibility assessment for the foster care provider except as otherwise provided by divisions 2 and 4 of this subparagraph, and

(b) a national criminal history records search based upon submission of fingerprints for any adult residing in the foster family home through the Department of Human Services pursuant to the provisions of the Oklahoma Foster Care and Out-of-Home Placement Act, except as otherwise provided by divisions 2 and 4 of this subparagraph,

(2) the child-placing agency may place a child pending completion of the national criminal history records search if the foster care provider and every adult residing in the foster family home has resided in this state for at least five (5) years immediately preceding such placement,

(3) a national criminal history records search based upon submission of fingerprints to the Oklahoma State Bureau of Investigation shall also be completed for any adult who subsequently moves into the residence,

(4) provided, however, the Director of Human Services or the Director of the Department of Juvenile Justice, or a designee, may authorize an exception to the fingerprinting requirement for a person residing in the home who has a severe physical condition which precludes such person's being fingerprinted, and

(5) any child care facility contracting with any person for foster family home services shall request the Office of Juvenile Affairs to conduct a juvenile justice information system review, pursuant to the provisions of Sections 7302-9.6 and 7302-3.8 of this title, for any child over the age of thirteen (13) years residing in the foster family home, other than a foster child, or who subsequently moves into the private residence.  As a condition of contract, the child care facility shall obtain the consent of the parent or legal guardian of the child for such review.

b. The provisions of this paragraph shall not apply to foster care providers having a contract or contracting with a child-placing agency, the Department of Human Services or the Department of Juvenile Justice prior to September 1, 1998.  Such existing foster care providers shall comply with the provisions of this section, until otherwise provided by rules of the Commission for Human Services or by law.

2. a. (1) On and after September 1, 1998, except as otherwise provided in divisions 2 and 4 of this subparagraph, prior to contracting with a foster family home for placement of any child who is in the custody of the Department of Human Services or the Department of Juvenile Justice, each Department shall complete a foster parent eligibility assessment, pursuant to the provisions of the Oklahoma Child Care Facilities Licensing Act, for such foster family applicant.  In addition, except as otherwise provided by divisions 2 and 4 of this subparagraph, the Department shall complete a national criminal history records search based upon submission of fingerprints for any adult residing in such foster family home.

(2) The Department of Human Services and Department of Juvenile Justice may place a child pending completion of the national criminal history records search if the foster care provider and every adult residing in the foster family home has resided in this state for at least (5) years immediately preceding such placement.

(3) A national criminal history records search based upon submission of fingerprints conducted by the Oklahoma State Bureau of Investigation shall also be completed for any adult who subsequently moves into the residence.

(4) The Director of Human Services or the Director of the Department of Juvenile Justice or designee may authorize an exception to the fingerprinting requirement for any person residing in the home who has a severe physical condition which precludes such person's being fingerprinted.

b. The provisions of this paragraph shall not apply to foster care providers having a contract or contracting with a child-placing agency, the Department of Human Services or the Department of Juvenile Justice prior to September 1, 1998.  Such existing foster care providers shall comply with the provisions of this section, until otherwise provided by rules of the Commission for Human Services or by law.

3.  Each Department shall provide for a juvenile justice information system review pursuant to Section 7302-3.8 of this title for any child over the age of thirteen (13) years residing in a foster family home, other than the foster child, or who subsequently moves into the private residence.

C.  The Commission for Human Services or the Board of Juvenile Affairs shall promulgate rules to identify circumstances when a criminal history records search or foster parent eligibility assessment for an applicant or contractor, or any person over the age of thirteen (13) years residing in a private residence in which a child care facility is located, shall be expanded beyond the  records search conducted by the Oklahoma State Bureau of Investigation or as otherwise provided pursuant to this section.

D.  1.  The following persons shall not be required to obtain a criminal history records search or a national criminal history records search based upon submission of fingerprints to the Federal Bureau of Investigation pursuant to this section:

a. a parent volunteer who transports children on an irregular basis, and

b. a child of a child care center or family child care home operator who became an adult during continuous residence at the licensed or approved facility.

2.  These exemptions shall not preclude the Department from requesting a criminal history records search or requesting a national criminal history records search based upon submission of fingerprints or investigating criminal, abusive or harmful behavior of such persons, if warranted.

E.  Except as otherwise provided by the Oklahoma Children's Code and subsection G of this section, a conviction for a crime shall not be an absolute bar to employment, but shall be considered in relation to specific employment duties and responsibilities.

F.  1.  Information received pursuant to this section by an owner or administrator of a child care facility shall be maintained in a confidential manner in a file that is separate from employment records.  The information may be transmitted to the Department for child care facility licensing purposes.

2.  Whenever an applicant is subsequently employed by or contracts with a child care facility, the information received pursuant to a criminal history records search, foster parent eligibility assessment, or a national criminal history records search based upon submission of fingerprints shall not be made a part of that individual's personnel or contract records but shall be maintained pursuant to this subsection.  The information, along with any other information relevant to the individual's ability to perform tasks that require direct contact with children, may be released to another child care facility in response to a request from the child care facility that is considering employing or contracting with the individual.

3.  Requirements for confidentiality and record keeping with regard to the information shall be the same for the child care facility receiving the information in response to a request as those provided for in paragraph 1 of this subsection for the child care facility releasing such information.

G.  1.  A criminal history investigation or national criminal history records search based upon submission of fingerprints conducted by the Oklahoma State Bureau of Investigation shall include a search of Department of Corrections' files maintained pursuant to the Sex Offenders Registration Act.

2. a. It shall be unlawful for any person who is required to register pursuant to the Sex Offenders Registration Act to work with or provide services to children or to reside in a child care facility and for any employer who offers or provides services to children to knowingly and willfully employ or contract with, or allow continued employment of or contracting with any person who is required to register pursuant to the Sex Offenders Registration Act.  Any person required to register pursuant to the Sex Offenders Registration Act who violates any provision of this act shall, upon conviction, be guilty of a felony punishable by incarceration in a correctional facility for a period of not more than five (5) years and a fine of not more than Five Thousand Dollars ($5,000.00) or both such fine and imprisonment.

b. Upon a determination by the Department of any violation of the provisions of this section, the violator shall be subject to and the Department may pursue:

(1) an emergency order,

(2) license revocation or denial,

(3) injunctive proceedings,

(4) an administrative penalty not to exceed Ten Thousand Dollars ($10,000.00), and

(5) referral for criminal proceedings.

c. In addition to the penalties specified by this section, the violator may be liable for civil damages.

Added by Laws 1990, c. 186, § 1, eff. Sept. 1, 1990.  Amended by Laws 1993, c. 122, § 4, emerg. eff. April 29, 1993; Laws 1995, c. 142, § 8, eff. July 1, 1995; Laws 1995, c. 222, § 1, eff. Nov. 1, 1995; Laws 1996, c. 200, § 1, eff. Nov. 1, 1996; Laws 1997, c. 389, § 20, eff. Nov. 1, 1997; Laws 1998, c. 5, § 1, emerg. eff. March 4, 1998; Laws 1998, c. 414, § 16, emerg. eff. June 11, 1998; Laws 1999, c. 2, § 1, emerg. eff. March 3, 1999; Laws 2000, c. 177, § 1, eff. July 1, 2000; Laws 2001, c. 174, § 5, eff. Nov. 1, 2001; Laws 2003, c. 213, § 1, eff. July 1, 2003.


NOTE:  Laws 1997, c. 260, § 1 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998.


§10-405.  Necessity and issuance of license - Temporary authorization.

A.  No child care facility may be operated or maintained in this state, unless licensed or temporarily authorized by the Department of Human Services; provided, that the Department shall not be required to be licensed, but shall be bound by the standards it prescribes.  No new child care facility may be established without the prior approval of the Department, which shall be granted only after the Department is satisfied that such facility will meet minimum standards for a license to operate.  The incorporation or domestication of a corporation organized for the purpose of operating a child care facility shall not exempt such corporation from compliance with the provisions of this act.

B.  An application for a license shall be made on forms provided by the Department and in the manner prescribed.  Temporary authorization may be granted to allow the Department to investigate the activities and standards of care of the applicant.  If satisfied that the applicant meets the requirements as provided in this act, a license shall be issued.  A provisional license may be issued to any applicant whose services are needed but which is temporarily unable to conform to all the rules of the Department, as provided in Section 404 of this title.  All licenses shall be in force unless revoked as authorized by Section 407 of this title; provided, however, a provisional license may be in force for not more than one (1) year from the date of issuance, unless an emergency exists which, in the discretion of the Department, necessitates an extension thereof.

Added by Laws 1953, p. 19, § 5.  Amended by Laws 1963, c. 89, § 5, emerg. eff. May 23, 1963; Laws 1993, c. 122, § 5, emerg. eff. April 29, 1993; Laws 1999, c. 130, § 1, emerg. eff. April 26, 1999; Laws 2001, c. 174, § 6, eff. Nov. 1, 2001.


§10-405.1.  Child care facilities - Comprehensive strategic plan.

A.  The Department of Human Services shall collaborate with other appropriate agencies to develop by December 31, 1998, a comprehensive strategic plan for child care facilities.

B.  The comprehensive strategic plan shall:

1.  Set a goal to annually increase the number of new child care programs and thereby expand capacity to meet the need for child care;

2.  Describe methods to reduce existing barriers to accessing child care financing;

3.  Offer plans to develop new child care capital financing mechanisms;

4.  Describe methods to integrate existing capital financing programs;

5.  Develop a public information campaign to attract potential providers of child care services; and

6.  Propose such other activities deemed appropriate for increasing the supply and quality of child care in this state.

C.  As part of the development of the comprehensive strategic plan:

1.  The Department shall, from funds available, develop a child care facility information database consisting of data on existing early childhood child care providers serving children including, but not limited to, regulated child care providers, Head Start and prekindergarten programs.  The information in the database shall include, but not be limited to:

a. the types and number of programs,

b. program location, including county,

c. ages served,

d. the capacity of the programs,

e. the hours and calendar of program operations, and

f. program rates;

2.  County specific information on the number of children currently served shall be compared to the local projected need from:

a. demographic information and waiting lists maintained for child care programs,

b. local district estimates of child care needs for participants in the job opportunities and basic skills training program, and

c. families eligible for child care subsidies;

3.  Information shall be compiled regarding:

a. funding sources and amounts for eligible families,

b. health and safety grants,

c. start-up and capital grants,

d. child care resource and referral programs,

e. any other public funding which is directed at increasing the number and size of early childhood programs, and

f. any known private funding sources earmarked for capital, start-up or subsidies for child care providers;

4.  The Department shall compile information on technical assistance activities presently available to existing and potential child care providers; and

5.  On or before February 1, 1999, the Department shall submit a preliminary report to the Speaker of the House of Representatives and the President Pro Tempore of the Senate containing:

a. a compilation of the existing data designated in this section,

b. information available on private sector interest, involvement or plans for development of child care in this state, and

c. information from child care resource and referral programs about the numbers of inquiries received from parents and businesses.

Added by Laws 1998, c. 386, § 2, eff. July 1, 1998.


§10-406.  Investigations - Notice of violation - Confidentiality.

A.  The Department of Human Services shall have authority at any reasonable time to investigate and examine the conditions of any child care facility in which a licensee or applicant hereunder receives and maintains children, and shall have authority at any time to require the facility to provide information pertaining to children in its care.

B.  1.  The State Department of Health may visit any licensee or applicant at the request of the Department to advise on matters affecting the health of children and to inspect the sanitation of the buildings used for their care.

2.  The State Fire Marshal may visit any licensee or applicant at the request of the Department to advise on matters affecting the safety of children and to inspect the condition of the buildings used for their care.

C.  1.  Upon receipt of a complaint against any child care facility alleging a violation of the provisions of the Oklahoma Child Care Facilities Licensing Act, or any licensing standard promulgated by the Commission for Human Services, the Department shall conduct a full investigation.  If upon investigation, it is determined that there are reasonable grounds to believe that a facility is in violation of the Oklahoma Child Care Facilities Licensing Act or of any standard or rule promulgated pursuant thereto, the Department shall:

a. document the complaint,

b. provide the complaint allegations in writing to the facility involved, and

c. document the facility's plan for correcting any confirmed violations.

2.  If the Department determines that there has been a violation and that the violation has a direct impact on the health, safety or well-being of one or more of the children cared for by the facility, the Department shall notify the facility and require correction of the violation.

3.  The Department shall notify the facility that failure to correct the confirmed violation can result in the revocation of the license, the denial of an application for a license, or the filing of an injunction pursuant to the provisions of Section 409 of this title.

4.  If the facility refuses to correct the violation or fails to complete the plan of correction, the Department may initiate proceedings to revoke the license, refuse to issue or renew a license, and request an injunction.

D.  Upon the completion of the investigation of a complaint against any child care facility alleging a violation of the provisions of the Oklahoma Child Care Facilities Licensing Act or any licensing standard promulgated thereto by the Commission, the Department shall clearly designate its findings on the first page of the report of the investigation.  The findings shall state whether the complaint was substantiated or unsubstantiated.

E.  Information obtained by the Department or the Office of Child Care concerning a report of a violation of a licensing requirement, or from any licensee regarding children or their parents or other relatives shall be deemed confidential and privileged communications, shall be properly safeguarded, and shall not be accessible to anyone except as herein provided, unless upon order of a court of competent jurisdiction.  Provided, however, this provision shall not prohibit the Department from providing a summary of allegations and findings of an investigation involving a child care facility that does not disclose identities but that permits parents to evaluate the facility.

Added by Laws 1953, p. 19, § 6.  Amended by Laws 1963, c. 89, § 6, emerg. eff. May 23, 1963; Laws 1993, c. 122, § 6, emerg. eff. April 29, 1993; Laws 1995, c. 222, § 2, eff. Nov. 1, 1995; Laws 1999, c. 130, § 2, emerg. eff. April 26, 1999; Laws 2001, c. 174, § 7, eff. Nov. 1, 2001; Laws 2004, c. 187, § 3, eff. Nov. 1, 2004.


§10-407.  Revocation of license or refusal to issue or renew - Emergency action.

A.  The Department of Human Services may revoke or deny issuance of the license of any child care facility found to be in violation of any provision of this act or the rules of the Commission for Human Services, as provided in Section 404 of this title.

B.  1.  No license shall be revoked or issuance denied unless and until such time as the licensee or applicant shall have been given at least thirty (30) days' notice in writing of the grounds of such proposed revocation or refusal.

2.  At the time the facility is given notice in writing of the revocation or denial of a license, the Department shall also advise parents of children attending the facility of such action by written notification and the posting of an announcement in the facility.

3.  If such revocation or denial is protested within thirty (30) days of receipt of such notice, by writing addressed to the Commission for Human Services, the Commission, or its authorized agency, shall conduct a hearing at which an opportunity shall be given to such licensee or applicant to present testimony and confront witnesses.

4.  Notice of such hearing shall be given to such licensee or applicant by personal service or by delivery to the proper address by certified mail, return receipt requested, at least two (2) weeks prior to the date thereof.

5.  If notice of the proposed revocation or denial of a license is not so protested, the license may thereupon be revoked or denied.

C.  1.  Nothing in this section or Section 406 of this title shall be construed as preventing the Department from taking emergency action as provided by this subsection.

2.  Whenever the Department finds, after an investigation, that an emergency exists requiring immediate action to protect the health, safety, or welfare of any child cared for by a facility licensed or authorized pursuant to the provisions of the Oklahoma Child Care Facilities Licensing Act, the Department may without notice or hearing issue an emergency order stating the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the emergency including, when necessary, removing children from the facility and prohibiting the facility from providing services to children pending a hearing on the matter.

a. Such emergency order shall be effective immediately.  Any person to whom such an emergency order is directed shall comply with the emergency order immediately but, upon written request to the Department on or before the tenth day after receipt of the emergency order, shall be afforded a hearing on or before the tenth day after receipt of the request by the Department.

b. On the basis of such hearing, the Department shall continue such order in effect, revoke it, or modify it.

c. Any person aggrieved by such order continued after the hearing provided for in this subsection may appeal to the district court of the area affected within thirty (30) days.  Such appeal when docketed shall have priority over all cases pending on the docket, except criminal cases.  For the purposes of this subsection, the term "emergency" shall mean a situation that poses a direct and serious hazard to the health, safety or welfare of any child cared for by the facility.

Added by Laws 1953, p. 19, § 7.  Amended by Laws 1963, c. 89, § 7, emerg. eff. May 23, 1963; Laws 1993, c. 122, § 7, emerg. eff. April 29, 1993; Laws 1999, c. 130, § 3, emerg. eff. April 26, 1999; Laws 2001, c. 174, § 8, eff. Nov. 1, 2001.


§10-408.  Appeals.

A.  Any licensee or applicant aggrieved by the decision of the Department of Human Services under Sections 405 or 407 of this title may, within ten (10) days after the revocation or denial of the license, appeal to the district court of the county in which the child care facility is maintained and operated by filing with the clerk of the court a verified petition.  Notice of such appeal shall be served on the Director of the Department within five (5) days of the date of its filing.

B.  The Department shall, within ten (10) days of the service of such notice, file with the clerk of such court a transcript of the proceedings had before it.  The district court shall thereupon be vested with jurisdiction to review the proceedings of the Department; provided that, if the Department prevails, the judgment of the district court shall be that the decision of the Department be affirmed, and if the licensee or applicant prevails, the judgment of the court shall be that the revocation be set aside or the license issued or renewed, as the case may be.  Pending the hearing of the appeal, the action of the Department revoking or denying the license or the granting thereof shall be stayed; provided, after the filing of an appeal, the district court, upon application by the Department and after an appropriate hearing, may grant a restraining order to enforce the decision of the Department.

Added by Laws 1953, p. 20, § 8.  Amended by Laws 1963, c. 89, § 8, emerg. eff. May 23, 1963; Laws 1993, c. 122, § 8, emerg. eff. April 29, 1993; Laws 1999, c. 130, § 4, emerg. eff. April 26, 1999; Laws 2001, c. 174, § 9, eff. Nov. 1, 2001.


§10409.  Injunction.

Any person or child care facility may be enjoined from maintaining and operating such facility for violations of any provisions of this act by suit brought in the name of the state by the Attorney General of Oklahoma or by a county attorney.

Laws 1953, c. 20, Section 9; Laws 1963 C.  89, Sec. 9. Emerg. eff. May 23, 1963.


§10-410.  Violations - Punishment.

Any person or agent, representative, or officer of any child care facility who violates any of the provisions of the Oklahoma Child Care Facilities Licensing Act shall, upon conviction, be deemed guilty of a misdemeanor and punished in accordance with the provisions of Section 10 of Title 21 of the Oklahoma Statutes.  Whenever any agent, representative, or officer of any child care facility shall be convicted under authority of this act, such conviction shall be sufficient ground for the revocation of the entity's license.

Added by Laws 1953, p. 20, § 10.  Amended by Laws 1963, c. 89, § 10, emerg. eff. May 23, 1963; Laws 2001, c. 174, § 10, eff. Nov. 1, 2001.


§10-411.  Certificate of immunization as condition for admission to day care facility - Waiver.

A.  No person, firm, corporation, partnership or other legal entity operating a day care center or day care home in this state shall cause or permit a minor child two (2) months of age or older to be admitted to such facility unless and until the parent, guardian, or other related person of such child presents certification from a licensed physician or authorized representative of any state or local department of public health that such child has received or will receive immunization at the medically appropriate time against diphtheria, pertussis, tetanus, haemophilus influenzae type B (HIB), measles (rubeola), rubella, hepatitis A, varicella, and poliomyelitis; or presents such certification that the child is likely to be immune as a result of the disease.  Provided, however, that in the event the parent, guardian, or other person presenting a child for admission to a day care center or day care home certifies in writing that a family emergency exists, the requirement imposed by this section may be waived for a period not to exceed thirty (30) days.  Such certification shall be made prior to the provision of care.  No such waiver shall be knowingly permitted more than once for any child.

B.  The State Board of Health, by rule, may alter the list of immunizations required under this section after notice and hearing.  Any change in the list of immunizations required shall be submitted to the next regular session of the Legislature and such change shall remain in force and effect unless and until a concurrent resolution of disapproval is passed.  Hearings shall be conducted by the State Board of Health, or such officer, agents or employees as the State Board of Health may designate for that purpose.  The State Board of Health shall give appropriate notice of the proposed change in the list of immunizations required and of the time and place for hearing.  The change shall become effective on a date fixed by the State Board of Health.  Any change in the list of immunizations required may be amended or repealed in the same manner as provided for its adoption.  Proceedings pursuant to this subsection shall be governed by the Administrative Procedures Act.

Added by Laws 1979, c. 141, § 1, emerg. eff. May 3, 1979.  Amended by Laws 1992, c. 13, § 1, emerg. eff. March 24, 1992; Laws 1998, c. 177, § 1, eff. Nov. 1, 1998; Laws 1998, c. 412, § 1, eff. Nov. 1, 1998.


NOTE:  Laws 1998, c. 95, § 1 repealed by Laws 1998, c. 412, § 8, eff. Nov. 1, 1998.


§10-412.  Manner and frequency of immunizations - Enforcement of act.

A.  The immunizations required by this act, and the manner and frequency of their administration, as prescribed by the State Board of Health, shall conform to recognized standard medical practices in this state.  The State Department of Health shall supervise and secure the enforcement of the required immunization program.

B.  The Department of Human Services shall render reasonable assistance to the State Department of Health in the enforcement of the provisions of this act.  This assistance shall be in the form of revocation or denial of the license of any facility not in compliance with this act.

Added by Laws 1979, c. 141, § 2, emerg. eff. May 3, 1979.  Amended by Laws 2001, c. 174, § 11, eff. Nov. 1, 2001.


§10-413.  Exemptions.

Any minor child, through his or her parent or guardian, may submit to the health authority charged with the enforcement of the immunization laws, a certificate of a licensed physician stating that the physical condition of the child is such that immunization would endanger the life or health of the child; or upon receipt of a written statement by the parent or guardian objecting to such immunizations because of religious or other reasons, then such child shall be exempt from the provisions of this act.

Added by Laws 1979, c. 141, § 3, emerg. eff. May 3, 1979.  Amended by Laws 2001, c. 174, § 12, eff. Nov. 1, 2001.


§10414.  Administration of immunizations  Persons eligible  Indigent persons.

The immunizations shall be administered by, or under the direction of, a licensed physician, or by any local or state health department.  If the parent or guardian is unable to pay, the State Department of Health shall provide, without charge, the immunization materials required by this act.

Laws 1979, c. 141, § 4, emerg. eff. May 3, 1979.  

§10415.  Child with reportable contagious disease to be excluded from day care facility.

Any child afflicted with a reportable contagious disease shall be excluded from attending a day care center or day care home until such time as the period of communicability has elapsed as determined by a licensed physician or health department official.  Such exclusion shall be reported to a local health department official.

Laws 1979, c. 141, § 5, emerg. eff. May 3, 1979.  

§10-416.  Repealed by Laws 1993, c. 122, § 9, emerg. eff. April 29, 1993.

§10-417.  Repealed by Laws 1993, c. 122, § 9, emerg. eff. April 29, 1993.

§10418.  Authority to obtain evidence  Administration of oaths.

When conducting investigations of complaints as provided in this article, the Department of Public Welfare shall have the power to summon any person to appear and produce such books and papers as shall be designated in the summons, and to give testimony under oath concerning the matter and institution under investigation.  The Department shall have the power to administer oaths to such persons as may be summoned and to enforce all such powers as are given to notaries public when they are taking depositions.

R.L.1910, § 8100; Laws 1978, c. 244, § 35, eff. July 1, 1978. Renumbered from Title 74, § 180 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982.  

§10419.  Report to Governor  Reports to Director.

It shall be the duty of the Director of Public Welfare to make a report to the Governor before January 1 of each year and a duplicate report to the Legislature on the day of its assembling; and all charitable institutions in this state shall report to said Director before November 1 of each year.

R.L.1910, § 8102; Laws 1978, c. 244, § 37, eff. July 1, 1978. Renumbered from Title 74, § 182 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982.  

§10-430.  Augmentation of STARS child care component.

As an augmentation to the child care component of the Statewide Temporary Assistance Responsibility System (STARS) and to other programs providing for child care assistance benefits, the Department of Human Services and other state entities shall:

1.  Evaluate and increase as needed the child care reimbursement rate for both metropolitan and rural areas of the state with special emphasis on those child care providers who serve:

a. infants and toddlers 0-24 months of age,

b. children with disabilities, and

c. clients needing weekend, evening or shift child care;

2.  In order to enhance child care services, encourage stronger private/public partnerships at the community level in order to address unmet child care needs and provide training and continued education for child care providers;

3.  Generally expedite the child care assistance application, eligibility determination and approval process;

4.  Provide for additional grants, stipends, scholarships for training and upgrading personnel and equipment with specific emphasis on strengthening child care development in rural areas;

5.  Assist in development of transportation services to transport children to child care and parents to work or school; and

6.  Promote mutual respect and understanding between the Department and other entities involved in child care.

Added by Laws 1998, c. 386, § 1, eff. July 1, 1998.


§10-451.  Repealed by Laws 1998, c. 246, § 40, eff. Nov. 1, 1998.

§10452.  Transfer of property, contracts and funds.

(a) All personal properties, records, equipment, and supplies now owned and in use by the above named institutions shall be transferred to and become the property of the Oklahoma Public Welfare Commission.

(b) All contracts, leases, and such other agreements as may have been entered into by the Board of Managers, relative to the above named institutions, and such responsibilities as are in effect on the effective date of this act shall be assumed by and become binding upon the Oklahoma Public Welfare Commission and Department of Public Welfare.

(c) All unexpended funds to the credit of the above named institutions shall be transferred by the State Treasurer to the State Department of Public Welfare and placed in a separate account with said State Treasurer.  The account shall be known as the "State Homes and Training Schools Operation Fund."

Laws 1961, p. 18, § 2.  

§10453.  Definitions.

(a) The term "Commission" when used in this act shall mean the Oklahoma Public Welfare Commission.

(b) The term "Director" when used in this act shall mean the Director of Public Welfare, who shall be the administrative officer of the Commission.

(c) The term "Department" when used in this act shall mean the State Department of Public Welfare.

Laws 1961, p. 18, § 3.  

§10454.  Powers and duties of Commission and Director.

(a) The Commission is hereby authorized and directed to formulate and to be responsible for the administration and operation of a comprehensive and detailed plan for the purposes specified and as provided in Title 10 as compiled in O.S.1951, Sections 187, 211  223, 291  296, 301  304, and 311  327, inclusive, as amended, where not inconsistent with the provisions of this act.

(b) The Commission shall receive and expend in connection with such plan all funds made available to it by the United States Government, by the state or its political subdivisions, or by any other source for such purposes.

(c) The Commission shall establish and maintain such methods of administration, including those necessary to establish and maintain a merit system of personnel administration, as are necessary for the effective and efficient operation of the plan; shall maintain records and prepare reports of services rendered; and shall cooperate with law enforcement, health, medical, and welfare agencies and organizations, and with any other agency of this state and the political subdivisions charged with the administration of laws relating to juvenile delinquents.

(d) The Director of Public Welfare is hereby authorized and directed to perform those duties and functions now performed by the Board of Managers and Superintendents for such juvenile delinquents of said institutions and such other duties relating to this act as may be assigned by the Commission.

(e) The Commission is authorized to create positions, fix salaries, and employ necessary professional and clerical personnel.

(f) The Commission shall have authority to provide for the expenditure of all funds for the administration and operation of the institutions as specified in this act.

Laws 1961, p. 18, § 4.  

§10455.  Laws not inconsistent to remain in effect.

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

Laws 1961, p. 18, § 5.  

§10-458.  Repealed by Laws 1998, c. 246, § 40, eff. Nov. 1, 1998.

§10501.  Authority for test.

In a civil action in which paternity is a relevant fact and at issue, the court shall order the mother, child and putative father to submit to genetic testing.  If any party refuses to submit to such tests, the court may resolve the question of paternity against such party or enforce its order if the rights of others and the interests of justice so require unless such individual is found to have good cause for refusing to cooperate.

Laws 1967, c. 157, § 1, emerg. eff. May 1, 1967; Laws 1989, c. 198, § 6, eff. Nov. 1, 1989; Laws 1991, c. 71, § 5, emerg. eff. April 15, 1991; Laws 1994, c. 356, § 27, eff. Sept. 1, 1994; Laws 1997, c. 402, § 4, eff. July 1, 1997.


§10502.  Selection of experts.

The tests shall be made by experts qualified as examiners of genetic markers in the human body.  Except as otherwise provided in this act, the experts may be called by the court or by a party as witnesses to testify as to their findings and shall be subject to cross-examination by the parties.  Any party may request that additional experts qualified as examiners of genetic markers in the human body perform independent tests subject to order of court, the results of which may be offered in evidence.  The number and qualifications of the experts shall be determined by the court.  A party requesting additional testing shall be responsible for the costs of the additional testing.

Added by Laws 1967, c. 157, § 2, emerg. eff. May 1, 1967.  Amended by Laws 1984, c. 5, § 1, eff. Nov. 1, 1984; Laws 1987, c. 230, § 11, eff. Oct. 1, 1987; Laws 1994, c. 356, § 28, eff. Sept. 1, 1994; Laws 1997, c. 403, § 3, eff. Nov. 1, 1997.


§10503.  Compensation of expert witnesses  Costs.

The compensation of each expert witness appointed by the court or called by a party and costs of tests required pursuant to the provisions of the Genetic Testing to Determine Paternity Act shall be fixed at reasonable amounts by the court.  Said compensation and costs shall be paid as the court shall order.  The court may order that said compensation and costs be paid by the parties in such proportions and at such times as it shall prescribe, or that the proportion of payment of said compensation and costs of any indigent party be paid by the county or by any other appropriate public or charitable agency, however all additional testing must be paid for in advance by the party requesting the additional test.  The court may order that, after payment by the parties, or the county or other appropriate agency, or both, said compensation and costs may be taxed as costs in the action.

Added by Laws 1967, c. 157, § 3, emerg. eff. May 1, 1967.  Amended by Laws 1984, c. 5, § 2, eff. Nov. 1, 1984; Laws 1987, c. 230, § 12, eff. Oct. 1, 1987; Laws 1994, c. 356, § 29, eff. Sept. 1, 1994; Laws 1997, c. 402, § 5, eff. July 1, 1997.


§10504.  Effect of test results.

A.  Evidence which shows a statistical probability of paternity is admissible and shall be weighed in addition to other evidence of the paternity of the child.  Evidence which shows a statistical probability of paternity may include but is not limited to:

1.  Genetic test results provided for in the Genetic Testing to Determine Paternity Act; and

2.  Medical, scientific, or genetic evidence relating to the paternity of the child based on tests performed by said experts.

B.  If the court finds that the evidence based upon the medical, scientific, and genetic tests, shows that the defendant is not the parent of the child, said evidence shall be conclusive proof of nonpaternity and the court shall dismiss the action.

C.  Evidence of statistical probability of paternity established at ninetyfive percent (95%) or more creates a presumption of paternity.  Said presumption is rebuttable by clear and convincing evidence admitted on behalf of the defendant.

D.  Evidence of statistical probability of paternity established at ninety-eight percent (98%) or more creates a conclusive presumption of paternity.

E.  The party receiving the copy of the genetic test results from the court-appointed expert shall send all parties a copy of the genetic test results by certificate of mailing to the last-known address of the parties.

F.  Any objection to genetic testing results must be made in writing within fifteen (15) days from the date of mailing of the genetic test results, and any hearing on the issue of paternity may not be held any sooner than fifteen (15) days after filing of objection to genetic test.  If no objection is filed within the specified time, the genetic testing results will be admitted as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy.

Added by Laws 1967, c. 157, § 4, emerg. eff. May 1, 1967.  Amended by Laws 1984, c. 5, § 3, eff. Nov. 1, 1984; Laws 1985, c. 297, § 9, operative Oct. 1, 1985; Laws 1994, c. 356, § 30, eff. Sept. 1, 1994.


§10505.  Effect on presumption of legitimacy.

Except as otherwise provided by law, presumption of legitimacy of a child born during wedlock is overcome if the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, show that the husband is not the father of the child.

Added by Laws 1967, c. 157, § 5, emerg. eff. May 1, 1967.  Amended by Laws 1994, c. 356, § 31, eff. Sept. 1, 1994.


§10506.  Applicability to criminal actions.

The Genetic Testing to Determine Paternity Act shall also apply to criminal cases, subject to the following limitations and provisions:

1.  An order for the tests shall be made on the application of a defendant or the state;

2.  The compensation of the experts appointed by the court shall be paid by the county under order of court;

3.  The court may direct a verdict of acquittal upon the conclusions of all the experts under the provisions of Section 30 of this act, but otherwise the case shall be submitted for determination upon all the evidence.

Added by Laws 1967, c. 157, § 6, emerg. eff. May 1, 1967.  Amended by Laws 1987, c. 230, § 13, eff. Oct. 1, 1987; Laws 1994, c. 356, § 32, eff. Sept. 1, 1994.


§10-507.  Repealed by Laws 1994, c. 356, § 36, eff. Sept. 1, 1994.

§10508.  Citation.

Sections 27 through 33 of this act may be cited as the Genetic Testing to Determine Paternity Act.

Added by Laws 1967, c. 157, § 9, emerg. eff. May 1, 1967.  Amended by Laws 1994, c. 356, § 26, eff. Sept. 1, 1994.


§10531.  Legislative finding and policy.

It is hereby found and declared: (1) that juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare, and the health, morals and welfare of others; (2) that the cooperation of this State with other states is necessary to provide for the welfare and protection of juveniles and of the people of this State.

It shall therefore be the policy of this State, in adopting the Interstate Compact on Juveniles, to cooperate fully with other states: (1) in returning juveniles to such other states whenever their return is sought; and (2) in accepting the return of juveniles whenever a juvenile residing in this State is found or apprehended in another state and in taking all measures to initiate proceedings for the return of such juveniles.

Laws 1967, C. 282, Section 1. Emerg. eff. May 8, 1967.


§10532.  Interstate compact  Execution  Contents.

The Governor is hereby authorized and directed to execute a compact on behalf of this State with any other state or states legally joining therein in the form substantially as follows:

INTERSTATE COMPACT ON JUVENILES

The contracting states solemnly agree:

ARTICLE I.  FINDINGS AND PURPOSES

That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare, and the health, morals and welfare of others.  The cooperation of the states party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to (1) cooperative supervision of delinquent juveniles on probation or parole; (2) the return, from one state to another, of delinquent juveniles who have escaped or absconded; (3) the return, from one state to another, of nondelinquent juveniles who have run away from home; and (4) additional measures for the protection of juveniles and of the public, which any two or more of the party states may find desirable to undertake cooperatively.  In carrying out the provisions of this compact the party states shall be guided by the noncriminal, reformative and protective policies which guide their laws concerning delinquent, neglected or dependent juveniles generally.  It shall be the policy of the states party to this compact to cooperate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact.  The provisions of this compact shall be reasonably and liberally construed to accomplish the foregoing purposes.

ARTICLE II.   EXISTING RIGHTS AND REMEDIES

That all remedies and procedures provided by this compact shall be in addition to and not in substitution for other rights, remedies and procedures, and shall not be in derogation of parental rights and responsibilities.

ARTICLE III.  DEFINITIONS

That, for the purposes of this compact, "delinquent juvenile" means any juvenile who has been adjudged delinquent and who, at the time the provisions of this compact are invoked, is still subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction or supervision of an agency or institution pursuant to an order of such court; "Probation of parole" means any kind of conditional release of juveniles authorized under the laws of the states party hereto; "courts" means any court having jurisdiction over delinquent, neglected or dependent children; "state" means any state, territory or possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; and "residence" or any variant thereof means a place at which a home or regular place of abode is maintained.

ARTICLE IV.  RETURN OF RUNAWAYS

(a) That the parent, guardian, person or agency entitled to legal custody of a juvenile who has not been adjudged delinquent but who has run away without the consent of such parent, guardian, person or agency may petition the appropriate court in the demanding state for the issuance of a requisition for his return.  The petition shall state the name and age of the juvenile, the name of the petitioner and the basis of entitlement to the juvenile's custody, the circumstances of his running away, his location if known at the time application is made, and such other facts as may tend to show that the juvenile who has run away is endangering his own welfare or the welfare of others and is not an emancipated minor.  The petition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the document or documents on which the petitioner's entitlement to the juvenile's custody is based, such as birth certificates, letters of guardianship, or custody decrees.  Such further affidavits and other documents as may be deemed proper may be submitted with such petition.  The judge of the court to which this application is made may hold a hearing thereon to determine whether for the purposes of this compact the petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile has in fact run away without consent, whether or not he is an emancipated minor, and whether or not it is in the best interest of the juvenile to compel his return to the state.  If the judge determines, either with or without a hearing, that the juvenile should be returned, he shall present to the appropriate court or to the executive authority of the state where the juvenile is alleged to be located, a written requisition for the return of such juvenile.  Such requisition shall set forth the name and age of the juvenile, the determination of the court that the juvenile has run away without the consent of a parent, guardian, person or agency entitled to his legal custody, and that it is in the best interest and for the protection of such juvenile that he be returned.  In the event that a proceeding for the adjudication of the juvenile as a delinquent, neglected or dependent juvenile is pending in the court at the time when such juvenile runs away, the court may issue a requisition for the return of such juvenile upon its own motion, regardless of the consent of the parent, guardian, person or agency entitled to legal custody, reciting therein the nature and circumstances of the pending proceeding.  The requisition shall in every case be executed in duplicate and shall be signed by the judge.  One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of such court. Upon the receipt of a requisition demanding the return of a juvenile who has run away, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such juvenile.  Such detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No juvenile detained upon such order shall be delivered over to the officer whom the court demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of a court in the state, who shall inform him of the demand made for his return, and who may appoint counsel or guardian ad litem for him. If the judge of such court shall find that the requisition is in order, he shall deliver such juvenile over to the officer whom the court demanding him shall have appointed to receive him.  The judge, however, may fix a reasonable time to be allowed for the purpose of testing legality of the proceeding.

Upon reasonable information that a person is a juvenile who has run away from another state party to this compact without the consent of a parent, guardian, person or agency entitled to his legal custody, such juvenile may be taken into custody without a requisition and brought forthwith before a judge of the appropriate court who may appoint counsel or guardian ad litem for such juvenile and who shall determine after a hearing whether sufficient cause exists to hold the person, subject to the order of the court, for his own protection and welfare, for such a time not exceeding ninety days as will enable his return to another state party to this compact pursuant to a requisition for his return from a court of that state. If, at the time when a state seeks the return of a juvenile who has run away, there is pending in the state wherein he is found any criminal charge, or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency.  The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport such juvenile through any and all states party to this compact, without interference.  Upon his return to the state from which he ran away, the juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.

(b) That the state to which a juvenile is returned under this Article shall be responsible for payment of the transportation costs of such return.

(c) That "juvenile" as used in this Article means person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor.

ARTICLE V.  RETURN OF ESCAPEES AND ABSCONDERS

(a) That the appropriate person or authority from whose probation or parole supervision a delinquent juvenile has absconded or from whose institutional custody he has escaped shall present to the appropriate court or to the executive authority of the state where the delinquent juvenile is alleged to be located a written requisition for the return of such delinquent juvenile.  Such requisition shall state the name and age of the delinquent juvenile, the particulars of his adjudication as a delinquent juvenile, the circumstances of the breach of the terms of his probation or parole or of his escape from an institution or agency vested with his legal custody or supervision, and the location of such delinquent juvenile, if known, at the time the requisition is made.  The requisition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the judgment, formal adjudication, or order of commitment which subjects such delinquent juvenile to probation or parole or to the legal custody of the institution or agency concerned.  Such further affidavits and other documents as may be deemed proper may be submitted with such requisition.  One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of the appropriate court.  Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such delinquent juvenile.  Such detention order must substantially recite the facts necessary to the validity of its issuance hereunder.  No delinquent juvenile detained upon such order shall be delivered over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of an appropriate court in the state, who shall inform him of the demand made for his return and who may appoint counsel or guardian ad litem for him.  If the judge of such court shall find that the requisition is in order, he shall deliver such delinquent juvenile over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him.  The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.

Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, such person may be taken into custody in any other state party to this compact without a requisition.  But in such event, he must be taken forthwith before a judge of the appropriate court, who may appoint counsel or guardian ad litem for such person and who shall determine, after a hearing, whether sufficient cause exists to hold the person subject to the order of the court for such a time, not exceeding ninety days, as will enable his detention under a detention order issued on a requisition pursuant to this Article.  If, at the time when a state seeks the return of a delinquent juvenile who has either absconded while on probation or parole or escaped from an institution, or agency vested with his legal custody or supervision, there is pending in the state wherein he is detained any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency.  The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the delinquent juvenile being returned, shall be permitted to transport such delinquent juvenile through any and all states party to this compact, without interference.  Upon his return to the state from which he escaped or absconded, the delinquent juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.

(b) That the state to which a delinquent juvenile is returned under this Article shall be responsible for the payment of the transportation costs of such return.

ARTICLE VI.  VOLUNTARY RETURN PROCEDURE

That any delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, and any juvenile who has run away from any state party to this compact, who is taken into custody without a requisition in another state party to this compact under the provisions of Article IV(a) or of Article V(a), may consent to his immediate return to the state from which he absconded, escaped or ran away.  Such consent shall be given by the juvenile or delinquent juvenile and his counsel or guardian ad litem if any, by executing or subscribing a writing in the presence of a judge of the appropriate court, which states that the juvenile or delinquent juvenile and his counsel or guardian ad litem, if any, consent to his return to the demanding state.  Before such consent shall be executed or subscribed, however, the judge, in the presence of counsel or guardian ad litem, if any, shall inform the juvenile or delinquent juvenile of his rights under this compact. When the consent has been duly executed, it shall be forwarded to and filed with the compact administrator of the state in which the court is located and the judge shall direct the officer having the juvenile or delinquent juvenile in custody to deliver him to the duly accredited officer or officers of the state demanding his return, and shall cause to be delivered to such officer or officers a copy of the consent.  The court may, however, upon the request of the state to which the juvenile or delinquent juvenile is being returned, order him to return unaccompanied to such state and shall provide him with a copy of such court order; in such event a copy of the consent shall be forwarded to the compact administrator of the state to which said juvenile or delinquent juvenile is ordered to return.

ARTICLE VII.  COOPERATIVE SUPERVISION OF PROBATIONERS AND PAROLEES

(a) That the duly constituted judicial and administrative authorities of a state party to this compact (herein called "sending state") may permit any delinquent juvenile within such state, placed on probation or parole, to reside in any other state party to this compact (herein called "receiving state") while on probation or parole, and the receiving state shall accept such delinquent juvenile, if the parent, guardian or person entitled to the legal custody of such delinquent juvenile is residing or undertakes to reside within the receiving state.  Before granting such permission, opportunity shall be given to the receiving state to make such investigations as it deems necessary.  The authorities of the sending state shall send to the authorities of the receiving state copies of pertinent court orders, social case studies and all other available information which may be of value to and assist the receiving state in supervising a probationer or parolee under this compact.  A receiving state, in its discretion, may agree to accept supervision of a probationer or parolee in cases where the parent, guardian or person entitled to the legal custody of the delinquent juvenile is not a resident of the receiving state, and if so accepted the sending state may transfer supervision accordingly.

(b) That each receiving state will assume the duties of visitation and of supervision over any such delinquent juvenile and in the exercise of those duties will be governed by the same standards of visitation and supervision that prevail for its own delinquent juveniles released on probation or parole.

(c) That, after consultation between the appropriate authorities of the sending state and of the receiving state as to the desirability and necessity of returning such delinquent juvenile, the duly accredited officers of a sending state may enter a receiving state and there apprehend and retake any such delinquent juvenile on probation or parole.  For that purpose, no formalities will be required, other than establishing the authority of the officer and the identity of the delinquent juvenile to be retaken and returned. The decision of the sending state to retake a delinquent juvenile on probation or parole shall be conclusive upon and not reviewable within the receiving state, but if, at the time the sending state seeks to retake a delinquent juvenile on probation or parole, there is pending against him within the receiving state any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for any act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency.  The duly accredited officers of the sending state shall be permitted to transport delinquent juveniles being so returned through any and all states party to this compact, without interference.

(d) That the sending state shall be responsible under this Article for paying the costs of transporting any delinquent juvenile to the receiving state or of returning any delinquent juvenile to the sending state.

ARTICLE VIII.  RESPONSIBILITY FOR COSTS

(a) That the provisions of Articles IV(b), V(b) and VII(d) of this compact shall not be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

(b) That nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to Articles IV(b), V(b) or VII(d) of this compact.

ARTICLE IX.  DETENTION PRACTICES

That, to every extent possible, it shall be the policy of states party to this compact that no juvenile or delinquent juvenile shall be placed or detained in any prison, jail or lockup nor be detained or transported in association with criminal, vicious or dissolute persons.

ARTICLE X.  SUPPLEMENTARY AGREEMENTS

That the duly constituted administrative authorities of a state party to this compact may enter into supplementary agreements with any other state or states party hereto for the cooperative care, treatment and rehabilitation of delinquent juveniles whenever they shall find that such agreements will improve the facilities or programs available for such care, treatment and rehabilitation. Such care, treatment and rehabilitation may be provided in an institution located within any state entering into such supplementary agreement. Such supplementary agreements shall (1) provide the rates to be paid for the care, treatment and custody of such delinquent juveniles, taking into consideration the character of facilities, services and subsistence furnished; (2) provide that the delinquent juvenile shall be given a court hearing prior to his being sent to another state for care, treatment and custody; (3) provide that the state receiving such delinquent juvenile in one of its institutions shall act solely as agent for the state sending such delinquent juvenile; (4) provide that the sending state shall at all times retain jurisdiction over delinquent juveniles sent to an institution in another state; (5) provide for reasonable inspection of such institutions by the sending state; (6) provide that the consent of the parent, guardian, person or agency entitled to the legal custody of said delinquent juvenile shall be secured prior to his being sent to another state; and (7) make provision for such other matters and details as shall be necessary to protect the rights and equities of such delinquent juveniles and of the cooperating states.

ARTICLE XI.  ACCEPTANCE OF FEDERAL AND OTHER AID

That any state party to this compact may accept any and all donations, gifts and grants of money, equipment and services from the federal or any local government, or any agency thereof and from any person, firm or corporation, for any of the purposes and functions of this compact, and may receive and utilize the same subject to the terms, conditions and regulations governing such donations, gifts and grants.

ARTICLE XII.  COMPACT ADMINISTRATORS

That the Governor of each state party to this compact shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

ARTICLE XIII.  EXECUTION OF COMPACT

That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing.  When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state.

ARTICLE XIV.  RENUNCIATION

That this compact shall continue in force and remain binding upon each executing state until renounced by it.  Renunciation of this compact shall be by the same authority which executed it, by sending six months' notice in writing of its intention to withdraw from the compact to the other states party hereto.  The duties and obligations of a renouncing state under Article VII hereof shall continue as to parolees and probationers residing therein at the time of withdrawal until retaken or finally discharged. Supplementary agreements entered into under Article X hereof shall be subject to renunciation as provided by such supplementary agreements, and shall not be subject to the six months' renunciation notice of the present Article.

ARTICLE XV.  SEVERABILITY

That the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby.  If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

ARTICLE XVI.  AUTHORIZATION FOR RETURN OF CHILD TO HOME STATE

This Article shall provide additional remedies, and shall be binding only as among and between those party states which specifically execute the same.

For the purposes of this Article, "child", as used herein, means any minor within the jurisdictional age limits of any court in the home state.

When any child is brought before a court of a state of which such child is not a resident, and such state is willing to permit such child's return to the home state of such child, such home state, upon being so advised by the state in which such proceeding is pending, shall immediately institute proceedings to determine the residence and jurisdictional facts as to such child in such home state, and upon finding that such child is in fact a resident of said state and subject to the jurisdiction of the court thereof, shall within five days authorize the return of such child to the home state and to the parent or custodial agency legally authorized to accept such custody in such home state, and at the expense of such home state, to be paid from such funds as such home state may procure, designate, or provide, prompt action being of the essence.

ARTICLE XVII.  AMENDMENT TO THE INTERSTATE COMPACT ON JUVENILES, CONCERNING

INTERSTATE RENDITION OF JUVENILES ALLEGED TO BE DELINQUENT

(a) This amendment shall provide additional remedies, and shall be binding only as among and between those party states which specifically execute the same.

(b) All provisions and procedures of Articles V and VI of the Interstate Compact on Juveniles shall be construed to apply to any juvenile charged with being a delinquent by reason of a violation of any criminal law.  Any juvenile charged with being a delinquent by reason of violating any criminal law, shall be returned to the requesting state upon a requisition to the state where the juvenile may be found.  A petition in such case shall be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed.  The petition may be filed regardless of whether the juvenile has left the state before or after the filing of the petition.  The requisition described in Article V of the compact shall be forwarded by the judge of the court in which the petition has been filed.

Laws 1967, c. 282, § 2, emerg. eff. May 8, 1967.  

§10533.  Compact administrator  Designation  Duties  Tenure.

Pursuant to said compact, the Governor is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compact.  Said compact administrator shall serve subject to the pleasure of the Governor. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this State thereunder.

Laws 1967, c. 282, § 3, emerg. eff. May 8, 1967.  

§10534.  Supplementary agreements  Approval.

The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the compact.  In the event that such supplementary agreement shall require or contemplate the use of any institution or facility of this State or require or contemplate the provision of any service by this State, said supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.

Laws 1967, c. 282, § 4, emerg. eff. May 8, 1967.  

§10535.  Payments.

The compact administrator, subject to the approval of the State Budget Officer, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the compact or by any supplementary agreement entered into thereunder.

Laws 1967, c. 282, § 5, emerg. eff. May 8, 1967.  

§10536.  Enforcement.

The courts, departments, agencies, and officers of this State and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions.

Laws 1967, c. 282, § 6, emerg. eff. May 8, 1967.  

§10537.  Alternative plans for return of runaway juveniles.

In addition to any procedure provided in Articles IV and VI of the compact for the return of any runaway juvenile, the particular states, the juvenile or his parents, the courts, or other legal custodian involved may agree upon and adopt any other plan or procedure legally authorized under the laws of this State and the other respective party states for the return of any such runaway juvenile.

Laws 1967, c. 282, § 7, emerg. eff. May 8, 1967. d

§10551.  Authorization.

The technique of heterologous artificial insemination may be performed in this State by persons duly authorized to practice medicine at the request and with the consent in writing of the husband and wife desiring the utilization of such technique for the purpose of conceiving a child or children.

Laws 1967, c. 305, § 1, emerg. eff. May 11, 1967.  

§10552.  Status of child.

Any child or children born as the result thereof shall be considered at law in all respects the same as a naturally conceived legitimate child of the husband and wife so requesting and consenting to the use of such technique.

Laws 1967, c. 305, § 2, emerg. eff. May 11, 1967.  

§10553.  Persons authorized  Consent.

No person shall perform the technique of heterologous artificial insemination unless currently licensed to practice medicine in this State, and then only at the request and with the written consent of the husband and wife desiring the utilization of such technique. The said consent shall be executed and acknowledged by both the husband and wife and the person who is to perform the technique, and the judge having jurisdiction over adoption of children, and an original thereof shall be filed under the same rules as adoption papers.  The written consent so filed shall not be open to the general public, and the information contained therein may be released only to the persons executing such consent, or to persons having a legitimate interest therein as evidenced by a specific court order.

Laws 1967, c. 305, § 3, emerg. eff. May 11, 1967.  

§10-554.  Legal status of child or children born as result of heterologous oocyte donation.

Any child or children born as a result of a heterologous oocyte donation shall be considered for all legal intents and purposes, the same as a naturally conceived legitimate child of the husband and wife which consent to and receive an oocyte pursuant to the use of the technique of heterologous oocyte donation.

Added by Laws 1990, c. 272, § 8, eff. Sept. 1, 1990.


§10-555.  Rights, obligations and interest of oocyte donor respecting child and child respecting donor.

An oocyte donor shall have no right, obligation or interest with respect to a child born as a result of a heterologous oocyte donation from such donor.  A child born as a result of a heterologous oocyte donation shall have no right, obligation or interest with respect to the person who donated the oocyte which resulted in the birth of the child.

Added by Laws 1990, c. 272, § 9, eff. Sept. 1, 1990.


§10-556.  Human embryo transfer and donation - Consents - Legal rights, obligations or interests.

A.  1.  No person shall perform the technique of human embryo transfer unless currently licensed to practice medicine in this state, and then only at the request and with the written consent of the husband and wife desiring to receive the human embryo transfer.  In addition, the written consent of the husband and wife donating the human embryo shall be obtained by the physician.

2.  The written consent of the husband and wife desiring to receive the human embryo transfer shall be executed and acknowledged by both the husband and wife, by the physician who is to perform the technique, and by any judge of a court having adoption jurisdiction in this state.  The original of the executed consent shall be filed with the court in conformity to Section 553 of Title 10 of the Oklahoma Statutes.

3.  The original of the written consent of the husband and wife donating the human embryo shall be filed with the court by the physician performing the technique.

4.  The written consents so filed shall not be open to the general public.  The information contained therein, may be released only to persons having a legitimate interest therein as evidenced by a specific court order.

B.  1.  Any child or children born as a result of a human embryo transfer donation shall be considered for all legal intents and purposes, the same as a naturally conceived legitimate child of the husband and wife that consent to and receive a human embryo transfer.

2.  The husband and wife donating the human embryo shall be relieved of all parental responsibilities for any child or children resulting from the human embryo transfer.

C.  The husband and wife donating the embryo shall have no right, obligation or interest with respect to a child born as a result of the donation or to the property of the child by descent or distribution.

D.  A child born as a result of an embryo transfer donation shall have no right, obligation or interest with respect to the husband and wife who donated the embryo.

E.  The transfer and donation of human embryos pursuant to this section shall not be construed as trafficking in children if:

1.  The human embryo is donated by the biological parents of the embryo;

2.  The human embryo is not at anytime offered for sale or sold; and

3.  The human embryo transfer and donation is made pursuant to the provisions of this section.

Added by Laws 2000, c. 188, § 1, emerg. eff. May 8, 2000.


§10571.  Enactment of compact  Text.

The Interstate Compact on the Placement of Children is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows:

ARTICLE I.  Purpose and Policy

It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:

(a)  Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.

(b)  The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.

(c)  The proper authorities of the state from which the placement is made may obtain the most complete information on the basis on which to evaluate a projected placement before it is made.

(d)  Appropriate jurisdictional arrangements for the care of children will be promoted.

ARTICLE II.  Definitions

As used in this compact:

(a)  "Child" means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.

(b)  "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state.

(c)  "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.

(d)  "Placement" means the arrangement for the care of a child in a family free or boarding home or in a childcaring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility.

ARTICLE III.  Conditions for Placement

(a)  No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.

(b)  Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state.  The notice shall contain:

(1)  The name, date and place of birth of the child.

(2)  The identity and address or addresses of the parents or legal guardian.

(3)  The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child.

(4)  A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.

(c)  Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.

(d)  The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.

ARTICLE IV.  Penalty for Illegal Placement

The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state.  Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws.  In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children.

ARTICLE V.  Retention of Jurisdiction

(a)  The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes selfsupporting or is discharged with the concurrence of the appropriate authority in the receiving state.  Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law.  The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement.  Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.

(b)  When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.

(c)  Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof.

ARTICLE VI.  Institutional Care of Delinquent Children

A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care and the court finds that:

1.  Equivalent facilities for the child are not available in the sending agency's jurisdiction; and

2.  Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.

ARTICLE VII.  Compact Administrator

The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

ARTICLE VIII.  Limitations

This compact shall not apply to:

(a)  The sending or bringing of a child into a receiving state by his parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or nonagency guardian in the receiving state.

(b)  Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.

ARTICLE IX.  Enactment and Withdrawal

This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof.  It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law.  Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.

ARTICLE X.  Construction and Severability

The provisions of this compact shall be liberally construed to effectuate the purposes thereof.  The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby.  If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters."

§10572.  Financial responsibility.

The financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Article V thereof in the first instance.  However, in the event of partial or complete default of performance thereunder, the provisions of state laws fixing responsibility for the support of children also may be invoked.

Laws 1974, c. 87, § 2, emerg. eff. April 19, 1974.  

§10-573.  Appropriate public authorities - Authority to contract.

A.  The term "appropriate public authorities" as used in Article III of the Interstate Compact on the Placement of Children, with reference to this state, means the Department of Human Services.  The Department shall receive and act with reference to notices required by Article III of the Interstate Compact on the Placement of Children.

B.  The Department may contract, as necessary, with any public or private entity to administer or otherwise perform such functions as may be required for the proper administration of the Interstate Compact on the Placement of Children.

Added by Laws 1974, c. 87, § 3, emerg. eff. April 19, 1974.  Amended by Laws 1997, c. 11, § 1, eff. Nov. 1, 1997.


§10574.  Appropriate authority in the receiving state.

As used in paragraph (a) of Article V, "appropriate authority in the receiving state" shall mean the Department of Institutions, Social and Rehabilitative Services.

Laws 1974, c. 87, § 4, emerg. eff. April 19, 1974.  

§10575.  Jurisdiction.

Any court having jurisdiction to place delinquent children may place such a child in an institution of or in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V thereof.

Laws 1974, c. 87, § 5, emerg. eff. April 19, 1974.  

§10576.  Governor as executive head  Compact administrator.

As used in Article VII of the Interstate Compact on the Placement of Children, the term "executive head" means the Governor of the State of Oklahoma.  The Governor is hereby authorized to appoint a compact administrator in accordance with the terms of said Article Laws 1974, c. 87, § 6, emerg. eff. April 19, 1974.  

§10-600.  Definitions.

As used in Sections 601.1 through 601.12 of this title:

1.  "Children and youth service system" means health, mental health, social, rehabilitative assistance and educational services provided to children and youth by and through the courts and public and private agencies;

2.  "Client" means a child or a family member of a child who is receiving services through the children and youth service system;

3.  "Commission" means the Oklahoma Commission on Children and Youth;

4.  "Community partnership board" means the local district planning and coordinating body for services to children and youth established pursuant to Section 601.11 of this title;

5.  "Community partnership district" means the local planning and coordinating areas within the state established pursuant to Section 601.11 of this title;

6.  "State and statesupported services to children and youth" means services to children and youth, offered or provided by a public or private agency or organization, that are supported in whole or in part through state funds or federal funds administered by the state; and

7.  "State Plan for Services to Children and Youth" means the planning document required by Section 601.9 of this title.

Added by Laws 1990, c. 288, § 1, eff. Sept. 1, 1990.  Amended by Laws 2000, c. 302, § 1, eff. Nov. 1, 2000.


§10-601.  Repealed by Laws 1995, c. 352, § 202, eff. July 1, 1995.

§10601.1.  Oklahoma Commission on Children and Youth  Creation  Membership.

A.  There is hereby created the Oklahoma Commission on Children and Youth which shall be composed of nineteen (19) members.  The membership shall include:

1.  The Director of the Department of Human Services, the State Commissioner of Health, the Commissioner of the Department of Mental Health and Substance Abuse Services, the State Superintendent of Public Instruction, the Administrator of the Oklahoma Health Care Authority, the Director of the State Department of Rehabilitation Services, and the Chair of the SJR 13 Oversight Committee;

2.  The Executive Director of the Office of Juvenile Affairs;

3.  Five members who shall be appointed by the Governor from a list submitted by the governing board of each of the following organizations:

a. the Oklahoma Children's Agencies and Residential Enterprises,

b. one statewide association of youth services,

c. the Oklahoma Bar Association,

d. the Oklahoma District Attorney's Association, and

e. a statewide court-appointed Special Advocate Association;

4.  One member appointed by the Governor who shall represent one of the metropolitan juvenile bureaus;

5.  One member representing business or industry, appointed by the Governor;

6.  One member who is the parent of a child with special needs, appointed by the Speaker of the House of Representatives;

7.  One member with a demonstrated interest in improving children's services who is not employed by a state agency or a private organization that receives state funds, appointed by the President Pro Tempore of the Senate;

8.  One member who represents a community partnership board to be elected pursuant to the guidelines established by the Oklahoma Commission on Children and Youth; and

9.  One member who shall be appointed by the Governor from a list of three names submitted by the Post Adjudication Review Board.

The appointed members shall have had active experience in services to children and youth and may serve two terms of two (2) years each.

B.  The Oklahoma Commission on Children and Youth shall provide a monthly report on commission member attendance to the appointing authorities.

Added by Laws 1982, c. 312, § 1, operative July 1, 1982.  Amended by Laws 1990, c. 51, § 2, emerg. eff. April 9, 1990; Laws 1990, c. 288, § 2, eff. Sept. 1, 1990; Laws 1992, c. 299, § 5, eff. July 1, 1992; Laws 1995, c. 352, § 185, eff. July 1, 1995; Laws 1998, c. 416, § 1, eff. Nov. 1, 1998; Laws 2000, c. 385, § 8, eff. Nov. 1, 2000; Laws 2001, c. 5, § 1, emerg. eff. March 21, 2001.


NOTE:  Laws 2000, c. 302, § 2 repealed by Laws 2001, c. 5, § 2, emerg. eff. March 21, 2001.


§10601.2.  Chairman  Meetings  Travel expenses  Application of Administrative Procedures Act  Legal counsel.

A.  The members of the Oklahoma Commission on Children and Youth, shall be appointed on or before July 1, 1982, and within thirty (30) days after their appointment, shall organize and elect a chairman.  The chairman shall be elected annually by the Commission members.  The Commission shall hold at least four (4) regular quarterly meetings each year and such other special meetings as may be necessary at the call of the Chairman or by a majority of the members of the Commission.  Special meetings may be called on notice given at least five (5) days in advance of the date of such meetings.  At any regular or special meeting of the Commission, eight members shall constitute a quorum, and a concurring vote of a majority of the members of the Commission present shall be necessary to conduct official business of the Commission.

B.  Members of the Commission shall be reimbursed for travel expenses incurred in the performance of their duties as provided in the State Travel Reimbursement Act.

C.  The Oklahoma Commission on Children and Youth shall be subject to the provisions of the Administrative Procedures Act.

D.  The Attorney General of the State of Oklahoma shall serve as legal counsel for the Oklahoma Commission on Children and Youth and shall assist the Commission in the performance of its designated duties.

Added by Laws 1982, c. 312, § 2, operative July 1, 1982.  Amended by Laws 1990, c. 288, § 3, eff. Sept. 1, 1990.


§10601.3.  Establishment of Office of Planning and Coordination for Services to Children and Youth and Office of Juvenile System Oversight - Designation of community partnership districts.

The Oklahoma Commission on Children and Youth is hereby authorized and directed to:

1.  Establish and maintain the Office of Planning and Coordination for Services to Children and Youth;

2.  Establish and maintain the Office of Juvenile System Oversight; and

3.  Designate community partnership districts for services to children and youth and, within the limitations of available funds, whether appropriated or otherwise available, provide staff, technical assistance and other assistance as necessary and appropriate to the district boards.

Added by Laws 1982, c. 312, § 3, operative July 1, 1982.  Amended by Laws 1990, c. 288, § 4, eff. Sept. 1, 1990; Laws 2000, c. 302, § 3, eff. Nov. 1, 2000.


§10-601.4.  Additional duties and responsibilities of Commission.

The Oklahoma Commission on Children and Youth is further authorized to:

1.  Facilitate joint planning and service coordination among public and private agencies that provide services to children and youth;

2.  Prepare and publish reports;

3.  Review the programs, policies and services for children and youth provided by public and private agencies for compliance with established state policies and progress towards goals identified in planning documents relating to children and youth services and to make reports regarding such compliance and progress;

4.  Accept appropriations, gifts, loans and grants from the state and federal government and from other sources, public or private;

5.  Enter into agreements or contracts for the development of test models or demonstration programs and projects and for programs of practical research for effective services to children and youth; provided that the administration of contract for such model programs and projects shall, within five (5) years of their inception, be transferred to an appropriate agency or the program or project shall be discontinued;

6.  Secure necessary statistical, technical, administrative, operational and staff services by interagency agreement or contract;

7.  Examine all records, plans, budgets and budget documents pertaining to the children and youth service system;

8.  Exercise all incidental powers as necessary and proper for the performance of the duties and responsibilities of the Commission;  

9.  Promulgate rules as necessary to carry out the duties and responsibilities assigned to the Oklahoma Commission on Children and Youth; and

10.  Recommend that a facility providing services to children and youth be closed or that its contract with the state be terminated.

Added by Laws 1982, c. 312, § 4, operative July 1, 1982.  Amended by Laws 1990, c. 288, § 5, eff. Sept. 1, 1990; Laws 2004, c. 421, § 1, emerg. eff. June 4, 2004.


§10601.5.  Director  Powers and duties.

A.  The Oklahoma Commission on Children and Youth shall appoint a Director who shall be a person having experience in the operation and administration of services to children and youth.  Such Director shall be appointed for a term of two (2) years, and may be reappointed.  Such Director may be dismissed only for cause.  The Director shall:

1.  Employ such staff as may be necessary to perform the duties of the Commission, with the advice and approval of the Commission;

2.  Prepare the State Plan for Services to Children and Youth, the Annual Report required by Section 601.9 of this title, other reports as necessary and appropriate and an annual budget for the approval of the Commission;

3.  Formulate and recommend rules and regulations for approval or rejection by the Commission;

4.  Serve as chief executive officer of the Oklahoma Commission on Children and Youth; and

5.  Act as agent as authorized for the Commission in the performance of its duties.

B.  The Director may periodically convene issue-specific task groups for the purpose of improving services for children and youth.  A copy of any report or recommendations which result from meetings of a task group shall be provided to the Commission, Governor, Speaker of the House of Representatives, President Pro Tempore of the Senate and the director of each state agency affected by the report or recommendations.

Added by Laws 1982, c. 312, § 5, operative July 1, 1982.  Amended by Laws 1990, c. 288, § 6, Sept. 1, 1990; Laws 2000, c. 302, § 4, eff. Nov. 1, 2000.


§10601.6.  Office of Juvenile System Oversight  Powers, duties and authority.

A.  The Office of Juvenile System Oversight shall have the responsibility of investigating and reporting misfeasance and malfeasance within the children and youth service system, inquiring into areas of concern, investigating complaints filed with the Office of Juvenile System Oversight, and monitoring the children and youth service system to ascertain compliance with established responsibilities.

It shall be the duty of the Office of Juvenile System Oversight to conduct regular, periodic, but not less than semiannual, unannounced inspections of stateoperated children's institutions and facilities and to review the reports of the inspections of the State Fire Marshal and the Department of Health and any agencies which accredit such institutions and facilities.

B.  The Office of Juvenile System Oversight shall:

1.  Have the authority to examine all records and budgets pertaining to the children and youth service system and shall have access to all facilities within the children and youth service system for the purpose of conducting site visits and speaking with the residents of such facilities;

2.  Have the authority to subpoena witnesses and hold public hearings;

3.  Issue reports to the Governor, Speaker of the House of Representatives, President Pro Tempore of the Senate, Chief Justice of the Supreme Court of the State of Oklahoma, any appropriate prosecutorial agency, the director of the agency under consideration; and such other persons as necessary and appropriate; and

4.  Provide recommendations to the Oklahoma Commission on Children and Youth on or before May 1 of each year.

C.  The Office of Juvenile System Oversight shall not release information that would identify a person who makes a complaint to such Office, unless a court of competent jurisdiction orders release of the information for good cause shown.

Added by Laws 1982, c. 312, § 6, operative July 1, 1982.  Amended by Laws 1990, c. 288, § 7, eff. Sept. 1, 1990; Laws 1998, c. 364, § 1, emerg. eff. June 8, 1998; Laws 2000, c. 302, § 5, eff. Nov. 1, 2000.


§10-601.6a.  Office of Planning and Coordination for Services to Children and Youth - Duties.

The Office of Planning and Coordination for Services to Children and Youth shall:

1.  Convene meetings of public and private agencies that provide services to children and youth for the purpose of facilitating and implementing joint planning and service coordination among said agencies;

2.  Provide the Oklahoma Planning and Coordinating Council for Services to Children and Youth with fiscal and other information related to the children and youth service system necessary to assist said Council with the performance of its duties and responsibilities;

3.  Annually prepare, with the advice and assistance of the Council and affected public and private agencies, the State Plan for Services to Children and Youth for the approval of the Commission;

4.  Examine all plans, budgets and related documents pertaining to the planning, coordination and development of the children and youth service system;

5.  Review, monitor and evaluate the children and youth service system regarding the development of services, progress towards effective joint planning and service coordination, and compliance with established state policies and goals; and

6.  Issue reports to the Governor, Speaker of the House of Representatives, President Pro Tempore of the Senate, Chief Justice of the Supreme Court of the State of Oklahoma, public and private agencies, and such other persons as necessary and appropriate.

Added by Laws 1990, c. 288, § 8, eff. Sept. 1, 1990.


§10-601.6b.  State Plan for Services to Children and Youth - Distribution - Compilation and transmittal of fiscal information - Assembly of budget requests - Topic-specific reports.

A.  Beginning July 1, 1991, and on or before July 1 of each year thereafter, the Oklahoma Commission on Children and Youth shall transmit to the Director of State Finance and to the director of each affected agency a copy of the State Plan for Services to Children and Youth for the next fiscal year.

B.  The Director of the Office of State Finance, in accordance with procedures mutually agreed upon by the Office of State Finance and the Commission, shall regularly compile and transmit to the Office of Planning and Coordination for Services to Children and Youth, by agency and appropriate service category, past, current and projected expenditures, budget requests, and other fiscal information related to state and statesupported services to children, youth and families.

C.  The Office of Planning and Coordination, with the assistance of the Office of State Finance, shall, on an annual basis, assemble past and current expenditures and future budget requests for services as they relate to the goals identified by the Commission in the State Plan for Services to Children and Youth.

D.  The Office of Planning and Coordination, with the assistance of the Office of State Finance and affected agencies, may assemble topic-specific reports regarding services to children, youth, and families to include program descriptions, past and current expenditures, future budget requests, and a description of program outcomes as directed by the Legislature or the Commission.

Added by Laws 1990, c. 288, § 9, eff. Sept. 1, 1990.  Amended by Laws 2004, c. 421, § 2, emerg. eff. June 4, 2004.


§10-601.7.  Repealed by Laws 2000, c. 302, § 9, eff. Nov. 1, 2000.

§10-601.8.  Repealed by Laws 2000, c. 302, § 9, eff. Nov. 1, 2000.

§10-601.9.  Duties of the Office of Planning and Coordination - Evaluation and review of services to children and youth  Annual report - State Plan for Services to Children and Youth - Contents and publication.

A.  The Office of Planning and Coordination shall:

1.  Make recommendations to the Oklahoma Commission on Children and Youth regarding the development and improvement of services provided to children and youth based upon community partnership input no later than May 1 of each year; and

2.  Forward a report of its recommendations to each agency affected by the recommendations.

B.  The Oklahoma Commission on Children and Youth shall evaluate and review the development and quality of services to children and youth and shall:

1.  Publish and distribute an annual report of its findings on or before July 1 of each year to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Chief Justice of the Supreme Court of the State of Oklahoma, and to the chief administrative officer of each agency affected by the report.  Such report shall include activities of the Commission, recommendations for the further development and improvement of services to children and youth, and budget and program needs; and

2.  Include in its annual report the State Plan for Services to Children and Youth for the next succeeding fiscal year.  The State Plan for Services to Children and Youth shall:

a. identify and establish outcomes, goals and priorities for services for children and youth, and the estimated costs of implementing such goals and priorities,

b. show previous and current expenditures for state and statesupported services to children and youth which relate to the outcomes identified in the State Plan,

c. include information concerning the availability and accessibility of various human services, health, mental health and education programs that serve children and their families at the community level, and, when applicable, establish a plan for developing programs in areas of the state where the need for such services exists,

d. include such other information or recommendations as may be necessary and appropriate for the improvement and coordinated development of the children, youth, and family service system, and

e. be distributed as provided by paragraph 1 of this section and shall be made available to the general public.

Added by Laws 1982, c. 312, § 9, operative July 1, 1982.  Amended by Laws 1990, c. 288, § 12, eff. Sept. 1, 1990; Laws 1998, c. 416, § 2, eff. Nov. 1, 1998; Laws 1999, c. 1, § 1, emerg. eff. Feb. 24, 1999; Laws 2000, c. 302, § 6, eff. Nov. 1, 2000.


NOTE:  Laws 1998, c. 364, § 3 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999.


§10601.10.  Oklahoma Commission on Children and Youth Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Commission on Children and Youth, to be designated the "Oklahoma Commission on Children and Youth Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Oklahoma Commission on Children and Youth, from contracts with other state agencies or institutions, and not excluding any other source of revenue.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Director of the Oklahoma Commission on Children and Youth for the purpose of paying for operating expenses of the Oklahoma Commission on Children and Youth. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

Added by Laws 1984, c. 223, § 6, operative July 1, 1984.  

§10-601.11.  Community partnership districts for services to children and youth - Membership - Election of coordinators and representatives.

A.  There are hereby created community partnership districts for services to children and youth.  Each district shall be represented by a board composed of representatives of public and private organizations and private individuals in accordance with the guidelines established by the Oklahoma Commission on Children and Youth.  Each community partnership board shall include, but not be limited to, representatives of the Department of Human Services, the Office of Juvenile Affairs, the State Department of Health, the Department of Mental Health and Substance Abuse Services, local school districts, representatives of private child and family services and programs within the district, local business leaders, and parents of children with special needs.

B.  The Commission shall designate community partnership districts within the state.

C.  Selection of a coordinator and membership of community partnership boards shall be determined as follows:

1.  Each community partnership board shall elect a coordinator from among its membership.  The elected coordinators shall serve twoyear terms and may be reelected; and

2.  Membership shall be in accordance with the bylaws of the community partnership board and guidelines of the Commission.  Board members shall serve a twoyear term and may be reappointed.

D.  The Oklahoma Commission on Children and Youth shall:

1.  Establish guidelines for the election of coordinators of the community partnership boards;

2.  Establish guidelines for the membership of the community partnership boards for services to children and youth which will assure an opportunity for broad community participation and the representation of both urban and rural concerns in the planning process;

3.  Establish guidelines for the coordination, preparation and implementation of the district plans for children and youth services; and

4.  Provide administrative support and technical assistance to the community partnership boards as otherwise provided by this act.

E.  Nothing in this act shall prohibit local municipalities or counties from establishing planning and coordinating bodies for services to children and youth and providing information and recommendations to the community partnership boards established by this section.

Added by Laws 1990, c. 288, § 13, eff. Sept. 1, 1990.  Amended by Laws 1995, c. 352, § 188, eff. July 1, 1995; Laws 2000, c. 302, § 7, eff. Nov. 1, 2000.


§10-601.12.  Community partnership district plan for children and youth services - Statement of purpose - Review of plans.

A.  Each community partnership board shall, with the assistance of the Office of Planning and Coordination for Services to Children and Youth, prepare and implement a district plan for children and youth services and for the development and coordination of such services within its district.  The district plans shall be transmitted to the Office of Planning and Coordination for Services to Children and Youth and the Oklahoma Commission on Children and Youth, for such entities' review and use in the preparation of the State Plan for Services to Children and Youth.

B.  Each community partnership board shall develop a written statement clearly identifying its operating procedures, purpose, overall responsibilities and method of meeting those responsibilities.

C.  The district plan shall address the needs of children, youth and families as they relate to education, health, mental health, economic security, safety and human services issues, and shall contain:

1.  Identified goals, intended outcomes, and priorities for serving children and families;

2.  A description of specific needs to be addressed by the plan, as well as services and other support available through public, private, and community-based organizations;

3.  A description of the amount of all federal, state and local government, and private funds needed to implement the local plan;

4.  A plan for sharing data among agencies and across levels of government in accordance with state and federal law;

5.  Recommendations for proposed policy or program changes and alternative funding strategies for meeting identified needs;

6.  An implementation strategy and time line; and

7.  A description of the resources, types of assistance or training needed to implement the plan.

Added by Laws 1990, c. 288, § 14, eff. Sept. 1, 1990.  Amended by Laws 2000, c. 302, § 8, eff. Nov. 1, 2000; Laws 2004, c. 421, § 3, emerg. eff. June 4, 2004.


§10-601.13.  Repealed by Laws 1996, c. 247, § 49, eff. July 1, 1996.

§10-601.30.  Board of Child Abuse Examination - Membership - Officers - Meetings - Quorum.

A.  For the purpose of establishing a statewide system to provide expert medical evaluation for children suspected to be the victims of child abuse or neglect, there is hereby created the Board of Child Abuse Examination within the Oklahoma Commission on Children and Youth.

B.  The Board shall consist of ten (10) members as follows:

1.  The Director of the State Bureau of Investigation, or a designee;

2.  The Commissioner of the State Department of Health, or a designee;

3.  The Director of the Department of Human Services, or a designee;

4.  The Director of the Oklahoma State District Attorneys Association, or a designee;

5.  The president of a statewide association of osteopathic physicians, or a designee;

6.  The president of a statewide association of allopathic physicians, or a designee;  

7.  The Chief Executive Officer of the Oklahoma Health Care Authority, or a designee;

8.  The Executive Director of the Oklahoma Board of Nursing, or a designee;

9.  A representative of a statewide association of child advocacy centers; and

10.  The Chief Child Abuse Examiner provided for by Section 601.31 of this title.  The Chief Child Abuse Examiner shall be a nonvoting member of the Board.

C.  1.  The Board shall annually elect one member to serve as chair and one member to serve as vice-chair.

2.  The members of the Board shall receive no compensation for their services on the Board, but may be reimbursed pursuant to the State Travel Reimbursement Act.

3.  The Board shall meet not less than quarterly and may meet more frequently as necessary, as determined by the chair.  Six members shall constitute a quorum.

Added by Laws 1990, c. 254, § 1, eff. Sept. 1, 1990.  Amended by Laws 2004, c. 421, § 4, emerg. eff. June 4, 2004.


§10-601.31.  Duties of Commission on Children and Youth - Duties of Board - Chief Child Abuse Examiner - Duties.

A.  The Oklahoma Commission on Children and Youth shall:

1.  Promulgate rules providing for:

a. the training and continuing training requirements for allopathic and osteopathic physicians, physicians' assistants, and registered nurses, in a manner consistent with their existing scopes of practice as Child Abuse Examiners,

b. the duties and responsibilities of Child Abuse Examiners, and

c. uniform standards for medical examinations and evaluations of children suspected to be victims of child abuse or neglect and uniform forms for written reports of such examinations and evaluations;

2.  Distribute an initial listing, and revised listings as often as necessary, of Child Abuse Examiners to:

a. each county office of the Department of Human Services,

b. each local county or city-county health department.  Where there is no local health department, the listing shall be sent to the local county board of health,

c. each district attorney, and

d. other persons as necessary and advisable, upon the recommendation of the Board of Child Abuse Examiners; and

3.  With funds appropriated or otherwise available for such purpose, may provide by contract for:

a. the services of a physician to serve as Chief Child Abuse Examiner, and

b. the establishment and implementation of a training program and continuing training program for physicians, physicians' assistants and registered nurses, in a manner consistent with their existing scopes of practice, as Child Abuse Examiners and for consultation services to such persons in matters relating to child abuse and neglect through contracts with the University of Oklahoma and Oklahoma State University.

B.  The Board of Child Abuse Examination shall:

1.  Prepare the rules, standards and forms required by subsection A of this section, and amendments to the rules, standards and forms as necessary, for the approval of the Commission;

2.  In cooperation with the University of Oklahoma and Oklahoma State University, develop and maintain training programs and consultation services for physicians and Child Abuse Examiners;

3.  In consultation and cooperation with the Department of Human Services and the Oklahoma Health Care Authority, develop a uniform system of reimbursement for medical examinations and evaluations of cases of suspected child abuse or neglect which are compensable pursuant to Title XIX of the federal Social Security Act for adoption by the  Oklahoma Health Care Authority;

4.  Develop and maintain an accurate listing of trained Child Abuse Examiners for distribution by the Commission; and

5.  Engage in such other activities as necessary and appropriate for the establishment and maintenance of a statewide system of expert medical examination and evaluation of children suspected to be victims of child abuse and neglect, subject to the approval and authorization of the Commission.

C.  The Chief Child Abuse Examiner shall be a physician with experience in the area of child abuse and neglect and, as requested or directed by the Board, shall:

1.  Provide consultant services to the Board as necessary for the preparation of the rules, standards and forms required by subsection A of this section;

2.  Assist the Board and the University of Oklahoma and Oklahoma State University with the development, implementation, maintenance and coordination of the training programs required by this section;

3.  Prepare written reports for the Board and the Commission regarding progress of the system established by this act; and

4.  As requested by the Board, perform other duties as necessary to assist the Board in the performance of its duties and responsibilities.

Added by Laws 1990, c. 254, § 2, eff. Sept. 1, 1990.  Amended by Laws 2004, c. 421, § 5, emerg. eff. June 4, 2004; Laws 2005, c. 236, § 1, eff. July 1, 2005.


§10-601.41.  Short title.

Sections 2 through 7 of this act shall be known and may be cited as the "Act for Coordination of Special Services to Children and Youth."

Added by Laws 1990, c. 317, § 2, emerg. eff. May 30, 1990.


§10-601.42.  Definitions.

As used in the Act for Coordination of Special Services to Children and Youth, Section 601.41 et seq. of this title:

1.  "Committee" means the Joint Legislative Committee for Review of Special Services to Children and Youth;

2.  "Commission" means the Commission on Children and Youth;

3.  "Coordinating Council" means the Interagency Coordinating Council for Special Services to Children and Youth appointed pursuant to Section 601.45 of this title;

4.  "Eligible population" means children and youth three (3) to twenty-one (21) years of age who are identified as eligible for related services pursuant to an IEP;

5.  "IEP" means an Individualized Education Program developed in accordance with the Education of All Handicapped Children Act of 1975, P.L. No. 94-142, as amended;

6.  "Local education agency" means a dependent, independent, or area school district or other entity so defined by the Code of Federal Regulations, 34 C.F.R. Section 300.8;

7.  "Related services" means services so defined by 34 C.F.R. Section 300.13;

8.  "Special services population" means children and youth who are not part of the eligible population as defined herein but who are being served by or are eligible to be served by a school district pursuant to subsection B, C, D, E, F, or G of Section 1-113 of Title 70 of the Oklahoma Statutes or subsection D, E, or F of Section 18-110 of Title 70 of the Oklahoma Statutes; and

9.  "State Plan" means the State Plan for Special Education and Special Student Service Coordination and Assistance developed pursuant to Section 601.46 of this title.

Added by Laws 1990, c. 317, § 3, emerg. eff. May 30, 1990.  Amended by Laws 1991, c. 339, § 1, emerg. eff. June 15, 1991.


§10-601.43.  Repealed by Laws 2000, c. 302, § 9, eff. Nov. 1, 2000.

§10-601.44.  Repealed by Laws 2000, c. 302, § 9, eff. Nov. 1, 2000.

§10-601.45.  Repealed by Laws 2000, c. 302, § 9, eff. Nov. 1, 2000.

§10-601.46.  Repealed by Laws 2000, c. 302, § 9, eff. Nov. 1, 2000.

§10-601.50.  Repealed by Laws 2000, c. 302, § 9, eff. Nov. 1, 2000.

§10-601.61.  Short title.

This act shall be known and may be cited as the "Community Youth Development Act".

Added by Laws 1994, c. 358, § 1, eff. Sept. 1, 1994.


§10-601.62.  Legislative intent.

A.  The Legislature recognizes that the economic cost of crime to the state and communities within this state continues to drain existing resources, and the cost to victims, both economic and psychological, is traumatic and tragic.

1.  Recognizing that many adults in the criminal justice system were once delinquents in the juvenile justice system, the Legislature also recognizes that the most effective crime and delinquency prevention programs are programs that not only provide children and youth with positive activities, opportunities and successes, but also meet local community needs and have substantial community involvement and support.

2.  It is the belief of the Legislature that the best investment of scarce resources available to combat crime is to counteract the negative social and economic factors that contribute to criminal and delinquent behavior by engaging children and youth, at an early age, in such positive programs and opportunities at the local school and local community level.

B.  Therefore, for the purpose of reducing the likelihood of later involvement in criminal or delinquent activities, the intent of the Legislature in enacting the Community Youth Development Act is to provide for school, school-related and after-school programs for children and youth and their families who live in at-risk school districts, neighborhoods and communities.

Added by Laws 1994, c. 358, § 2, eff. Sept. 1, 1994.


§10-601.63.  Definitions.

For the purposes of the Community Youth Development Act:

1.  "Community children and youth development programs and delinquency prevention and early intervention programs and activities" includes but is not limited to the following for participating youth and their families:

a. intensive school and school-related programs, such as tutoring and other educational services,

b. vocational training and counseling,

c. employment services,

d. counseling services, such as family counseling, mental health counseling, substance abuse outpatient treatment and education,

e. recreational and cultural opportunities including but not limited to sports, games, music, art and similar activities, and

f. neighborhood development programs, including but not limited to neighborhood mediation programs for the resolution of disputes involving children and youth, mentor or big brother and big sister programs, and voluntary community service programs for children and youth; and

2.  "School, school-related or after-school programs and activities" means community children and youth development programs and delinquency prevention and early intervention programs and activities that occur during and outside of regular school hours.

Added by Laws 1994, c. 358, § 3, eff. Sept. 1, 1994.


§10-601.64.  Duties of the Oklahoma Commission on Children and Youth.

A.  From funds appropriated or otherwise available for the purpose of implementating the Community Youth Development Act, the Oklahoma Commission on Children and Youth shall:

1.  Issue requests for proposals and contract with eligible entities for community children and youth development programs and delinquency prevention and early intervention programs; and

2.  Provide information and technical assistance to school districts, neighborhood and community organizations, and agencies within the children and youth service system, as that term is defined by Section 600 of Title 10 of the Oklahoma Statutes, for the purpose of assisting them to make application for federal and private grants for community children and youth development programs and delinquency prevention and early intervention programs.

B.  The Commission, with the assistance of and information provided by the Department of Human Services, the Oklahoma State Bureau of Investigation, and the Department of Commerce, shall establish eligibility criteria for identifying neighborhoods, school districts, communities and specific areas within school districts and communities having crime rate, economic or other demographic characteristics recognized as indicators of distressed areas.  The Department of Human Services, the statutorily created juvenile bureaus, the Oklahoma State Bureau of Investigation and the Department of Commerce shall provide the Commission with information and assistance, as requested by the Commission, for the purpose of establishing the criteria required by this subsection.

Added by Laws 1994, c. 358, § 4, eff. Sept. 1, 1994.


§10-601.65.  Proposed submission procedures and criteria.

A.  The Commission on Children and Youth shall establish the proposal submission procedures and criteria and shall promulgate rules as necessary for the implementation of the Community Youth Development Act.

B.  In order to be eligible for a contract pursuant to the Community Youth Development Act the proposal, at minimum, shall:

1.  Meet the eligibility criteria established by the Commission;

2.  Be a joint proposal made by a school district, neighborhood organization, municipality or county and one or more agencies or organizations within the children and youth service system.  If a school district is not a joint participant in the proposal, the proposal shall document and describe the active participation in and support of the local school district in the program and activities for which the proposal is submitted;

3.  Be for programs and activities for children not less than six (6) years of age or more than nineteen (19) years of age, or in grades one through twelve, whichever is applicable;

4.  Describe the respective roles and responsibilities for the administration and operation of the program and activities, including but not limited to the designation of the entity responsible for the receipt and expenditure of any funds awarded pursuant to the Community Youth Development Act;

5.  Include a match for the costs of the proposed program from the local school or other entity submitting the proposal.  The match may be monetary or may be an in-kind match;

6.  Specifically identify the area within a school district or community or the neighborhood where the programs and activities will be implemented;

7.  Describe how the program will coordinate and cooperate with programs and services administered by the Department of Human Services, the State Department of Education, and other state or local agencies, agencies within the children and youth service system and courts and law enforcement, as appropriate for the proposed program;

8.  Provide the program and activities on site in a school, community center, or similar location within the identified area of the school district or community; and

9.  Include face-to-face contact with the parents, guardians or custodians of youth participating in the program and visits to the homes of such youth as an integral part of the programs and activities for which the proposal is submitted.

C.  The Commission on Children and Youth shall evaluate at least annually each entity which receives a contract pursuant to the Community Youth Development Act.  The evaluation report shall document the extent to which the program objectives have been met, as well as other information deemed necessary or appropriate by the Commission.  Each entity receiving a contract pursuant to the Community Youth Development Act shall submit information to the Commission as required by the Commission.

Added by Laws 1994, c. 358, § 5, eff. Sept. 1, 1994.


§10-602.  Renumbered as § 7302-2.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-603.  Renumbered as § 7302-3.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-603.1.  Short title - Purpose - Implementation.

A.  This act shall be known and may be cited as the "Coordinated Database System for Children Act".

B.  The purpose of the Coordinated Database System for Children Act is to design and implement a system that provides data linkages for the sharing of case information and for aggregate data analysis for planning, research, outcome evaluation and service coordination.

C.  The system shall be implemented through interagency agreements and shall utilize a database application that supports information sharing to reduce duplication, improve service delivery and allow data analysis for planning, research and evaluation.  The database application shall be jointly developed, implemented and utilized by the public agencies responsible for services to children in this state and private agencies that provide such services pursuant to a contract with a state agency.

Added by Laws 1997, c. 369, § 1, emerg. eff. June 10, 1997.


§10-603.2.  Renumbered as § 7302-3.9 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-603.3.  Renumbered as § 7004-1.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-603.4.  Day treatment program standards.

A.  In accordance with the standards recommended by the Committee on Day Treatment Standards in its report dated November 2, 1994, the State Board of Health, the Board of Mental Health and Substance Abuse Services and the Oklahoma Health Care Authority Board shall promulgate rules establishing standards for day treatment programs, as defined in Section 175.20 of this title, and shall monitor, not less than annually, compliance with the standards, if funds are available.  The responsibilities of the boards regarding enforcement of and monitoring of compliance with the rules shall be as follows:

1.  The State Board of Health shall be responsible for the promulgation of rules establishing standards for day treatment programs other than those operated by community mental health centers;

2.  The Board of Mental Health and Substance Abuse Services shall be responsible for the promulgation of rules for day treatment programs operated by community mental health centers; and

3.  The Oklahoma Health Care Authority Board shall monitor compliance of outpatient hospital day treatment services with the standards in the Medical Providers-Hospital Specific Manual, OAC 317:30-5-42(a)(6).  Any program found to be out of compliance with such standards shall be subject to cancellation of its authorization for day treatment services within its contract with the Oklahoma Health Care Authority according to rules governing such contract cancellations.

B.  The boards shall coordinate development and monitoring of rules to the maximum extent reasonable and practical in order to avoid unnecessary contradiction or conflict and to minimize the incidence of duplicative monitoring of day treatment program.

Added by Laws 1994, c. 378, § 3, eff. July 1, 1994.  Amended by Laws 1995, c. 231, § 3, eff. Nov. 1, 1995; Laws 2003, c. 8, § 1, eff. July 1, 2003.


§10-604.  Renumbered as § 7302-3.4 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-607.  Renumbered as § 7302-3.5 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-607.1.  Renumbered as § 7004-3.5 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-609.  Renumbered as § 7302-3.6 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-610.  Renumbered as § 7302-3.11 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-620.1.  Purpose of act - Release and transfer of information.

A.  The purpose of this act is to ensure efficient, cost effective delivery of state services and accountability in the delivery of state services to children and their families through the establishment of uniform administrative rules governing the maintenance, transfer and release of confidential information between public and private agencies that provide services to children and their families in order to:

1.  Facilitate access to health, mental health, social and related services that are made available through state and federal funds for children and families;

2.  Remove unnecessary and cumbersome impediments to the delivery of such services; and

3.  Better provide for the expeditious, coordinated and cooperative delivery of services by establishing a uniform system of rules, procedures and forms for the maintenance, transfer and release of confidential information to be used by state, county and private agencies, boards of education, and technology center districts, pursuant to the provisions of this act.

B.  For the purpose of this act, "confidential information" means any information regarding a child receiving services supported in whole or in part by state or federal funds, a family member of such child, or other persons residing in the home of such child, and which is required by state or federal law or regulation to be maintained in a confidential manner.

C.  Nothing in this act shall be construed to authorize the release of confidential information except pursuant to an informed consent as provided in Section 620.4 of this title, a court order, or as otherwise provided by law.

Added by Laws 1990, c. 330, § 1, eff. Sept. 1, 1990.  Amended by Laws 2001, c. 33, § 6, eff. July 1, 2001.


§10-620.2.  Appointment of task force - Membership - Duties.

A.  The Oklahoma Commission on Children and Youth shall appoint a task force composed of the directors, or their designees, of the agencies listed in Section 3 of this act and, as appropriate, representatives of other public and private agencies that provide services to children and their families.  The task force shall:

1.  On or before November 1, 1990, establish guidelines for the development of uniform administrative rules, procedures and forms related to the maintenance, transfer and release of confidential information required pursuant to the provisions of this act;

2.  On or before January 1, 1991, revise the proposed rules, procedures and forms prepared by the agencies for uniformity and compliance with the guidelines established by the task force.  The task force shall make recommendations to the agencies for modifications to the proposed rules, procedures and forms as necessary to ensure uniformity and compliance with the established guidelines;

3.  On or before April 1, 1991, develop a manual which clearly describes applicable state and federal laws, rules, procedures and forms for the maintenance, transfer and release of confidential information.  Said manual shall be published by the Oklahoma Commission on Children and Youth and each agency providing services to children and their families shall be responsible for necessary copying and distribution, to ensure that employees involved in the delivery of services to children and their families are provided copies of the manual and are trained regarding the content and application of the information contained in the manual; and

4.  Beginning on April 1, 1991, meet not less than annually and more often as necessary, as determined by the Oklahoma Commission on Children and Youth, for the purpose of reviewing proposed or necessary amendments to the rules, procedures or forms adopted pursuant to this act in order to ensure the continuing consistency and uniformity of said rules, procedures and forms and to provide for necessary revisions of the manual.

B.  Each agency listed in Section 3 of this act shall provide information and staff assistance as necessary to prepare the rules, procedures, forms and manual required by this act.

C.  Beginning on April 1, 1991, each agency listed in Section 3 of this act shall forward to the Oklahoma Commission on Children and Youth copies of proposed amendments to the rules, procedures and forms adopted pursuant to this act.

Added by Laws 1990, c. 330, § 2, eff. Sept. 1, 1990.


§10-620.3.  Agencies to promulgate uniform rules and procedures.

A.  Prior to April 1, 1991, the following agencies shall promulgate uniform rules and adopt uniform procedures and forms for the maintenance, transfer and release of confidential information:

1.  Department of Human Services;

2.  Department of Mental Health and Substance Abuse Services;

3.  State Department of Health;

4.  State Department of Education;

5.  Oklahoma Department of Career and Technology Education;

6.  Oklahoma Commission on Children and Youth;

7.  J.D. McCarty Center for Children with Developmental Disabilities;

8.  Department of Corrections; and

9.  Beginning July 1, 1998, the Office of Juvenile Affairs.

B.  Private agencies receiving public funds pursuant to a grant or contract with a state agency listed in subsection A of this section and providing institutional, community residential or community-based services, as defined by Section 1101 of this title, to children and families, shall comply with the rules regarding the maintenance, transfer and release of confidential information adopted by the governing board of the state agency or agencies from which they receive funds.

C.  The provisions of Sections 620.1 through 620.6 of this title shall not apply to court records of juvenile cases maintained by the district courts.  The supervising judge of a statutorily constituted juvenile bureau may establish court rules for the transfer and release of other confidential information maintained by the juvenile bureau which substantially conform with the rules, forms and procedures promulgated and adopted by state agencies pursuant to the provisions of Sections 620.1 through 620.6 of this title.

Added by Laws 1990, c. 330, § 3, eff. Sept. 1, 1990.  Amended by Laws 1992, c. 307, § 1, eff. July 1, 1992; Laws 1998, c. 268, § 1, eff. July 1, 1998; Laws 2001, c. 33, § 7, eff. July 1, 2001.


§10-620.4.  Contents of rules and procedures.

A.  The rules promulgated and the procedures and forms adopted pursuant to this act shall include, but not be limited to:

1.  Provision for the maintenance, transfer and release of confidential information;

2.  Compliance with all applicable state and federal laws and regulations regarding the transfer and release of confidential information;

3.  If not otherwise specifically limited by law, authorization for the transfer or release of confidential information only pursuant to paragraph 5 of this subsection, a court order or an informed consent for the transfer or release of said information that has been executed by:

a. the parent or guardian of the child or other person authorized by state or federal law to execute said consent, if the subject of the confidential information is a child, or

b. the individual who is the subject of said confidential information or other person authorized by law to execute said consent on his behalf, if the subject of the confidential information is an adult;

4.  Establishment of a uniform informed consent form and uniform procedures for obtaining informed consents, which shall include, but not be limited to, information which shall be provided to a person executing an informed consent prior to such execution;

5.  Establishment of uniform procedures for authorizing access to confidential information for the purpose of gathering statistical information or conducting studies or research as otherwise authorized by law;

6.  Establishment of uniform charges, if any, for the costs of copying and mailing records;

7.  Provision for the maintenance of the confidentiality of information by persons and agencies receiving confidential information; and

8.  Compliance with the provisions of the Administrative Procedures Act.

B.  The uniform rules may include special rules for particular programs which are subject to federal rules.

Added by Laws 1990, c. 330, § 4, eff. Sept. 1, 1990.


§10-620.5.  Transfer and release of confidential information - Adoption of procedures.

A.  The local board of education of each school district and each technology center school district shall adopt policies and procedures for the transfer and release of confidential information to the agencies listed in Section 620.3 of this title, to persons and agencies subject to the rules promulgated by said agencies pursuant to this act, and to statutorily-constituted juvenile bureaus.  The policies and procedures adopted by said boards shall comply with the requirements for state agency rules listed in Section 620.4 of this title for the transfer and release of confidential information.

B.  A local board of education may adopt in whole or in part the rules, procedures and forms promulgated and adopted by the State Board of Education, and each technology center school board may adopt in whole or in part the rules, procedures and forms promulgated and adopted by the State Board of Career and Technology Education.

Added by Laws 1990, c. 330, § 5, eff. Sept. 1, 1990.  Amended by Laws 2001, c. 33, § 8, eff. July 1, 2001.


§10-620.6.  Guidelines and forms for inspection, release, disclosure, etc. of records.

A.  The task force established pursuant to Section 620.2 of Title 10 of the Oklahoma Statutes, with the cooperation and assistance of the Serious and Habitual Juvenile Offender Program Implementation Task Force, shall prepare proposed guidelines and the form and content of proposed interagency agreements for the inspection, release, disclosure, sealing and expungement of information contained in the records defined by Section 9 of this act.  Said guidelines shall:

1.  Be in compliance with applicable state and federal laws providing for the confidentiality of records and information;

2.  Provide for the inspection, release or disclosure of only the information necessary and appropriate, and only to the extent necessary, for the purpose for which such inspection, release or disclosure is made.

B.  On or before July 1, 1993, the agencies listed in subsection A of Section 620.3 of Title 10 of the Oklahoma Statutes and the agencies comprising the juvenile justice system as defined by Section 2 of this act shall, and the agencies comprising the children and youth service system as defined by Section 600 of Title 10 of the Oklahoma Statutes may:

1.  Adopt rules, policies, procedures, standards, protocols and guidelines, as appropriate, for the inspection, release, disclosure, sealing and expungement of confidential records in accordance with the proposed guidelines prepared pursuant to subsection A of this section; and

2.  Enter into contracts or interagency agreements under the Interlocal Cooperation Act for the sharing or disclosure of confidential information in accordance with said rules, policies, procedures, standards, protocols and guidelines.

Added by Laws 1991, c. 296, § 14, eff. July 1, 1991.


§10-630.2.  Duties and responsibilities implementing agencies.

A.  Entities which shall jointly design and implement the coordinated database system shall include, but not be limited to:

1.  The Oklahoma Commission on Children and Youth;

2.  The Department of Human Services;

3.  The State Department of Health;

4.  The Department of Mental Health and Substance Abuse Services;

5.  The Oklahoma Health Care Authority;

6.  The State Department of Education;

7.  The Office of State Finance;

8.  The Office of Juvenile Affairs;

9.  The State Department of Rehabilitation Services;

10.  The Oklahoma Department of Commerce; and

11.  Consumer representatives.

B.  1.  The Oklahoma Commission on Children and Youth shall serve as the lead agency in initiating the collaborative process among entities identified in subsection A of this section in order to design and implement the system required by the Coordinated Database System for Children Act.  The Commission shall be responsible for convening meetings and providing meeting space, administrative staff and other necessary support services.  The Commission shall schedule meetings in conjunction with the Coordination of Services for Older Oklahomans Task Force.

2.  The remaining agencies listed in subsection A of this section shall be responsible for providing information, staff and other assistance as necessary to design and implement the system required by the Coordinated Database System for Children Act.

C.  On or before February 1, 1998, the agencies listed in subsection A of this section shall jointly submit to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the chairs of the appropriate legislative committees, a report which shall include, but not be limited to:

1.  A statement of progress regarding the design and implementation of the system required by the Coordinated Database System for Children Act; and

2.  Identification of any statutory changes and funding necessary to implement the system.

Added by Laws 1997, c. 369, § 2, emerg. eff. June 10, 1997.


§10-630.3.  Database design.

A.  The design of a coordinated database system that provides data linkages for the sharing of case information and for aggregate data analysis for planning, research, outcome evaluation and service coordination for children shall:

1.  Be based upon efforts currently underway through the data matching project initiated by the Needs-Met Services Committee;

2.  Be consistent with the data-sharing design to be recommended and utilized by the Coordination of Services for Older Oklahomans Task Force; and

3.  Include, but not be limited to:

a. the development of a database application that supports information sharing to reduce duplication of effort, improve service delivery and allow tracking of specified outcomes for children.  Application development shall include a joint application design process,

b. procedures for ensuring confidentiality of information in accordance with state and federal laws,

c. a funding and implementation plan, which may include phased-in implementation, and

d. procedures for coordinating, monitoring and improving data collection to support improved services to clients and analysis of policy options.

B.  Preliminary recommendations for the database application and funding shall be completed on or before February 1, 1999.

Added by Laws 1997, c. 369, § 3, emerg. eff. June 10, 1997.


§10-640.  Short title.

This act shall be known and may be cited as the "Oklahoma Partnership for School Readiness Act".

Added by Laws 2003, c. 121, § 1, emerg. eff. April 22, 2003.


§10-640.1.  Oklahoma Partnership for School Readiness Board.

A.  There is hereby created until July 1, 2009, in accordance with the Oklahoma Sunset Law, the Oklahoma Partnership for School Readiness Board.  The Board shall promote school readiness supporting community-based efforts to increase the number of children who are ready to succeed by the time they enter school, and shall consist of representatives from the private and public sectors as follows:

1.  Fifteen private sector representatives appointed by the Governor from a list submitted by an existing private-sector school readiness initiative that includes in its focus community mobilization and public engagement activities to include:

a. two parents of children eight (8) years of age or younger, and

b. one representative of licensed child care providers;

2.  One representative of the licensed child care industry appointed by the Governor from a list submitted by an association representing the licensed child care industry in this state; and

3.  To insure that existing resources are being utilized effectively, thirteen public sector representatives or their designees as follows:

a. State Superintendent of Public Instruction,

b. State Commissioner of Health,

c. Commissioner of the Department of Mental Health and Substance Abuse Services,

d. Director of the Oklahoma Department of Commerce,

e. Director of the Oklahoma Department of Libraries,

f. Director of the Department of Human Services,

g. Administrator of the Oklahoma Health Care Authority,

h. Director of the Oklahoma Commission on Children and Youth,

i. Director of the State Department of Rehabilitation Services,

j. Executive Director of the Oklahoma Educational Television Authority,

k. Director of the Oklahoma Department of Career and Technology Education,

l. Chancellor of the Oklahoma State Regents for Higher Education, and

m. Cabinet Secretary with responsibility for education agencies.

B.  Members appointed by the Governor shall serve terms of four (4) years; provided, of those members initially appointed to the Board, eight members shall be appointed for two-year terms, beginning September 1, 2003, and seven members shall be appointed for four-year terms, beginning September 1, 2003, as designated by the Governor.  The member appointed pursuant to paragraph 2 of subsection A of this section shall be appointed for an initial term to end on August 31, 2007.  Appointed members shall continue in office until a successor is appointed by the Governor.  The Governor shall fill all vacancies in the same manner as the original appointment was made.

C.  The Director of the Department of Human Services shall convene an organizational meeting of the Oklahoma Partnership for School Readiness Board prior to November 1, 2003, at which time members of the Board shall elect a chair, a vice-chair, and other officers as needed.  A majority of the members of the Board shall constitute a quorum for the transaction of business.

D.  Members of the Board shall receive no compensation for serving on the Board but shall receive travel reimbursement as follows:

1.  State agency officers and employees who are members of the Board shall be reimbursed for travel expenses incurred in the performance of their duties by their respective agencies in accordance with the State Travel Reimbursement Act; and

2.  Remaining members shall be reimbursed by the Board from any funds received by the Board for travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.

E.  Members of the Board shall be exempt from the dual-office-holding provisions of Section 6 of Title 51 of the Oklahoma Statutes.

Added by Laws 2003, c. 121, § 3, emerg. eff. April 22, 2003.  Amended by Laws 2004, c. 66, § 1, emerg. eff. April 7, 2004.


§10-640.2.  Powers and responsibilities of Board.

A.  The Oklahoma Partnership for School Readiness Board may:

1.  Establish guidelines for the disbursement of funds received from any public or private source or otherwise made available to the Board for the purpose of supporting community initiatives that are consistent with the goals of the Oklahoma Partnership for School Readiness Act and direct such other expenditures as may be necessary in the performance of its duties;

2.  Establish other guidelines as necessary to carry out the duties and responsibilities assigned to the Oklahoma Partnership for School Readiness Board;

3.  Receive funds from any public or private source;

4.  Enter into contractual agreements to assist with the administration of the Board and to provide technical assistance to communities upon request;

5.  Appoint subcommittees which may include persons who are not Board members.  Such persons shall not be entitled to compensation but may be reimbursed, upon approval by the Director of the Department of Human Services, for necessary expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act; and

6.  The Board shall ensure, to the greatest extent possible, that the needs and values of all parents are respected and protected and that voluntary participation is the basis for delivering all school readiness programs.  The Board shall act in ways which are sensitive to the diverse religious and other values of Oklahomans.

B.  The responsibilities of the Oklahoma Partnership for School Readiness Board shall be to:

1.  Conduct a thorough assessment of existing public and private programs to determine their effectiveness and to maximize the efficient use of current state funds;

2.  Implement a public engagement campaign and establish a structure to facilitate communication between communities;

3.  Provide leadership at the state level to encourage communities to develop and improve school readiness opportunities at the local level to encourage and empower local communities;

4.  Encourage public and private programs, services, and initiatives be brought together to provide coordinated, community-based, effective and cost-efficient programs;

5.  Maximize the extent to which private sector funding is leveraged and federal, state, and local funds are coordinated with private funds;

6.  Establish standards of accountability in school readiness programs and policy and recognize and promote the best practices; and

7.  Submit an annual report to the Governor and the Legislature no later than November 1 of each year.  The report shall include, but not be limited to, the following:

a. preparedness level of children entering kindergarten,

b. status and results of the effort of the Board to engage the public regarding the care and education of children under the age of five (5) years and of the efforts of the Board to develop and promote private sector programs and voluntary parental involvement,

c. detailed summary of community initiatives and programs funded in whole, or in part, by the Board,

d. availability and cost of quality child care for children under five (5) years of age needing care outside their home,

e. number, location, and status of quality prekindergarten programs in the state, and

f. percentage of third-grade students reading at or above grade level.

C.  The Department of Human Services shall be the lead public agency for general administration and monitoring of programs and activities related to the Oklahoma Partnership for School Readiness Act.

D.  Each of the following agencies shall make staff available to the Oklahoma Partnership for School Readiness Board for the purpose of providing professional consultation and staff support to assist in the implementation of this act:

1.  State Department of Education;

2.  State Department of Health;

3.  Department of Mental Health and Substance Abuse Services;

4.  Department of Human Services; and

5.  Oklahoma Commission on Children and Youth.

Added by Laws 2003, c. 121, § 4, emerg. eff. April 22, 2003.


§10-640.3.  School readiness foundation.

A.  There is hereby authorized the establishment of a not-for-profit school readiness foundation to raise funds and to assist in the implementation of the Oklahoma Partnership for School Readiness Act and the achievement of the goals of the act.

B.  Costs to underwrite implementation of the responsibilities of the Oklahoma Partnership for School Readiness Board may be borne from revenues of the foundation.

C.  The foundation created pursuant to this section may receive funds from any public or private source to carry out the purposes of this act, including, but not limited to, gifts or grants from any department, agency, or instrumentality of the United States or of this state for any purpose consistent with the provisions of this act.

D.  Upon proper incorporation, the foundation shall secure tax-exempt status under the appropriate provision of Section 501(c) of the Internal Revenue Code, 26 U.S.C., Section 501(c).

E.  Any member of the foundation who may have a financial interest in an action under consideration by the foundation shall abstain from voting on such matter.

Added by Laws 2003, c. 121, § 5, emerg. eff. April 22, 2003.


§10-1101.  Renumbered as § 7001-1.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1101.1.  Placement in mental health facility for inpatient treatment.

A.  A child adjudicated to be deprived, delinquent or in need of supervision shall be placed in a mental health facility for inpatient treatment only in accordance with the provisions of the Inpatient Mental Health and Substance Abuse Treatment of Minors Act.

If the child does not appear to require inpatient mental health or substance abuse treatment and has not previously been adjudicated to be delinquent, deprived or in need of supervision, if warranted by the facts of the case, a petition may be filed as otherwise provided by Title 10 of the Oklahoma Statutes alleging the child to be deprived, delinquent, or in need of supervision.

B.  Nothing in this section or the Inpatient Mental Health and Substance Abuse Treatment of Minors Act shall prohibit or preclude a public or private agency having legal custody of a child from providing such child with necessary and appropriate outpatient mental health or substance abuse treatment services absent a specific finding or order of a court requiring the provision of such services.

Added by Laws 1992, c. 298, § 15, eff. July 1, 1993.  Amended by Laws 2002, c. 327, § 14, eff. July 1, 2002.


§10-1102.  Renumbered as § 7303-1.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1102.1.  Renumbered as § 7002-1.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1103.  Renumbered as § 7003-3.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1103.1.  Renumbered as § 7003-3.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1104.  Renumbered as § 7003-3.4 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1104.1.  Renumbered as § 7003-3.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1104.2.  Renumbered as § 7306-1.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1104.3.  Renumbered as § 7304-1.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1105.  Renumbered as § 7003-3.5 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1106.  Renumbered as § 7003-3.6 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1107.  Renumbered as 7003-2.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1107.1.  Renumbered as § 7304-1.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1108.  Renumbered as § 7304-1.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1108.1.  Renumbered as § 7304-1.4 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1109.  Renumbered as § 7003-3.7 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1110.  Renumbered as § 7003-3.8 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1111.  Renumbered as § 7003-4.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1112.  Renumbered as § 7303-4.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1112.1.  Renumbered as § 7303-4.4 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1113.  Renumbered as § 7003-4.4 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1114.  Renumbered as § 7003-4.5 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1115.  Renumbered as § 7003-5.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1115.1.  Renumbered as § 7003-5.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1115.2.  Renumbered as § 7003-5.4 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1116.  Renumbered as § 7003-5.5 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1116.1.  Renumbered as § 7003-5.6 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1116.2.  Postadjudication review boards.

A.  There is hereby established a postadjudication review board in each judicial district in the state.  Members and alternate members of the postadjudication review boards shall be residents of or employed within the judicial district in which the board serves and shall be appointed by the Oklahoma Commission on Children and Youth after consultation with judges in the judicial district having juvenile docket responsibility.  The Oklahoma Commission on Children and Youth may establish additional postadjudication review boards as needed for each county within a judicial district.

B.  A postadjudication review board for each judicial district shall consist of at least five (5) members.  Alternate review board members may be appointed to serve in the absence of a regularly appointed board member.  Alternate board members shall be appointed in the same manner as regularly appointed board members.  On and after September 1, 1991, currently serving board members shall serve until appointments are made by the Commission on Children and Youth.  The Commission on Children and Youth shall complete initial appointments to the review boards no later than June 30, 1992.

C.  Board members shall be appointed for a term of three (3) years.  Members shall serve after the expiration of their terms until their respective successors shall have been appointed.  Vacancies shall be filled for the duration of unexpired terms.  The review board members shall be appointed according to the following guidelines:

1.  One member shall be a person who has training or experience in issues concerning child welfare, or a person who has demonstrated an interest in children through voluntary community service or professional activities;

2.  Whenever possible, at least one member of the board shall be an individual who has served as a foster parent, provided that no person on the review board shall participate as a board member in any review hearing in which he is a party; and

3.  No more than one person employed by any child welfare agency or juvenile court may be appointed to a board at the same time, provided such person shall not participate in any review hearing in which he is professionally involved.

D.  Each postadjudication review board shall annually elect a chairperson and shall notify the Commission on Children and Youth as to the name and address of the chairman.  A list of the members of each local board and its officers shall be filed with the Presiding Judge of the judicial district and each judge within the district having juvenile docket responsibility.

E.  Each postadjudication review board shall meet as often as is necessary at a place it designates to carry out the duties of the board established by Section 1116.3 of this title.  The review board shall meet at least twice annually.  Each review board shall be subject to the provisions of the Oklahoma Open Meeting Act, except that the actual case reviews shall be held in executive session and the names of the children in placement shall not be published.

F.  As a condition of membership thereto, members and alternates of the postadjudication review boards shall attend the next available orientation program after appointment to the board.  Failure to attend an orientation program, at the discretion of the Commission on Children and Youth, may result in the removal of the board member.  Members of postadjudication review boards shall attend the annual meeting or training programs or both such meeting and training programs as are authorized and directed by the Commission on Children and Youth.

G.  Members of postadjudication review boards shall serve without compensation, but shall be reimbursed for travel and training expenses from monies appropriated by the Legislature for such purposes, as provided by the State Travel Reimbursement Act.  The Commission on Children and Youth shall provide members of postadjudication review boards with necessary operating supplies and postage fees or members shall be reimbursed for these expenses.   

H.  The Commission on Children and Youth shall be responsible for developing procedures for the removal of a member from a postadjudication review board.  The grounds for the removal of a postadjudication review board member shall include but not be limited to:

1.  Failure to attend board meetings as required by the Commission on Children and Youth;

2.  Engaging in illegal conduct involving moral turpitude;

3.  Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; or

4.  Wrongful disclosure of information as provided by Section 1116.4 of this title.

I.  Necessary staff assistance required by the postadjudication review boards may be provided by the bailiff or bailiffs, or other person designated by the court, of the judges with juvenile docket responsibility in the judicial district.  Upon the request of the presiding judge, the Chief Justice of the Supreme Court may authorize additional staff to be paid from local court funds to assist the review board.

The Administrative Director of the Courts may include such additional funding requests in the annual budget for the courts as are necessary to provide staff and administrative support for the review boards.

Added by Laws 1981, c. 289, § 4, eff. Oct. 1, 1981.  Amended by Laws 1983, c. 113, § 3, eff. Nov. 1, 1983; Laws 1989, c. 339, § 2, emerg. eff. June 2, 1989; Laws 1991, c. 296, § 20, eff. Sept. 1, 1991; Laws 1992, c. 39, § 1, eff. Sept. 1, 1992; Laws 1993, c. 72, § 1, eff. July 1, 1993; Laws 2002, c. 445, § 2, eff. Nov. 1, 2002.


§10-1116.3.  Advisory status of review boards - Duties and responsibilities.

A.  Postadjudication review boards shall function in an advisory capacity to the district court and, in accordance with the provisions of subsection C of this section, the district planning and coordination boards for services to children and youth of the Oklahoma Commission on Children and Youth.

The duties of a review board shall be to:

1.  Review the case of every adjudicated deprived child at least once every six (6) months and submit to the court within ten (10) days of any review hearing its findings and recommendations.

a. Such review shall include, but not be limited to, consideration and evaluation of:

(1) the appropriateness of the goals and objectives of the treatment and service plan,  

(2) the appropriateness of the goals and objectives of the permanency plan and permanency planning, and

(3) the appropriateness of the services provided to the child, and to the parent, stepparent, or other adult living in the home of the child, or legal guardian, or custodian.

b. Reviews of cases and reports to the court shall be scheduled to ensure that the court receives the findings and recommendations of the review board prior to each regularly scheduled six-month review of the case by the court;

2.  Review the case of every child alleged to be deprived and held in an out-of-home placement six (6) months after removal and every six (6) months thereafter until adjudication occurs or the child is released from out-of-home placement and submit to the court within ten (10) days of any scheduled hearing its findings and recommendations.  Such review shall include, but not be limited to, consideration and evaluation of:

a. whether the continued out-of-home placement is in the best interests of the child in light of the child's need for permanency and recognizing that permanency is in the best interests of the child,

b. the appropriateness of the continued out-of-home placement, and

c. in the absence of a court-ordered treatment and service plan, the appropriateness of the services provided to the child and any family members or other adult living in the home of the child;

3.  Review the case of every child adjudicated deprived pursuant to the laws of another state or territory, when the child is currently residing in Oklahoma and the Department of Human Services has been notified of the change of residence by the other state or territory and has agreed to provide services to the child pursuant to the Interstate Compact on the Placement of Children or other agreement concerning the child.  The Department shall notify the proper review board of the location of the child and shall provide such review board with information received by the Department from the other state concerning the child or placement along with any reports made by the Department concerning the child or placement.  The review board shall report its findings to the Department and may report such findings to the agency or court in the state having jurisdiction for the custody of the child.  The child and the custodian of the child may be required to be present at the review board's meeting regarding the child;

4.  If approved by the court, review the case of any juvenile adjudicated delinquent or in need of supervision.  Such review shall include, but not be limited to, consideration and evaluation of:

a. the appropriateness of the placement,

b. the appropriateness of the services provided to the child and any family members or other adult living in the home of the child, and

c. the appropriateness of the goals and objectives of the treatment and service plan; and

5.  Forward copies of the findings and recommendations of the review board to the court having jurisdiction of the case, the parent, legal guardian, attorney representing the child, custodian of the child, agency supervising the case or legal custodian of the child and to any other interested party as determined by the court.  It shall be the duty of the court clerk to ensure that all documents filed pertaining to the case of an adjudicated child are properly noted and affixed in the file of the child prior to the commencement of the review process by the review board.  The bailiff or bailiffs of the judges having juvenile docket responsibility within the district shall transmit the information necessary for the case reviews to the review board for that district.

B.  The review board's report of its findings and recommendations shall be admitted into evidence in any dispositional hearing, and may be relied upon to the extent of its probative value, even though not competent for purposes of an adjudicatory hearing.

C.  In addition to its reviewing function, a review board, as directed by the Oklahoma Commission on Children and Youth and in coordination with the district planning and coordination boards shall:

1.  Promote and encourage all child placement agencies to maximize family stability and continuity for a child by discouraging unnecessary changes in placement and by recruiting persons to provide placement who may be suitable and willing to adopt;

2.  Review the efforts of agencies and institutions to find permanent placement for eligible children and report to the court;

3.  Encourage a meeting between the various responsible public and private agencies, institutions, and officers of the court in order to facilitate cooperation and coordination of efforts; and

4.  Assess community resources, and develop, if not already available, a directory of responsible persons, agencies, and institutions.

D.  A review board may solicit the attendance at its meetings of persons known to the board with information concerning the case of any child subject to its review.  However, no employee of the Office of Juvenile Affairs shall be required to attend a review board meeting.

E.  A review board shall report annually its findings, recommendations, and assessments of the effectiveness of sections of law pertaining to individual treatment plans, information to accompany deprived children placed outside the home, and dispositional orders and Sections 1116.2 through 1116.6 of this title to the Administrator of the Courts, the Supreme Court, to the court having jurisdiction of the case, to the State Postadjudication Review Advisory Board, and the Oklahoma Commission on Children and Youth and provide such other reports as deemed proper or that may be requested from time to time by the Oklahoma Commission on Children and Youth, the Governor, the Legislature, or the Supreme Court.

F.  It shall be the duty of the court having jurisdiction of the case to acknowledge the receipt of the recommendations of the review board and note to the review board the actions of the court regarding the recommendations submitted by the review board.

G.  A review board member may attend any court hearing concerning the case of any child subject to review by the board.

Added by Laws 1981, c. 289, § 5, eff. Oct. 1, 1981.  Amended by Laws 1983, c. 113, § 4, eff. Nov. 1, 1983; Laws 1989, c. 339, § 3, emerg. eff. June 2, 1989; Laws 1991, c. 296, § 21, eff. Sept. 1, 1991; Laws 1992, c. 39, § 2, eff. Sept. 1, 1992; Laws 1993, c. 72, § 2, eff. July 1, 1993; Laws 1995, c. 352, § 195, eff. July 1, 1995; Laws 1996, c. 247, § 4, eff. July 1, 1996; Laws 1998, c. 416, § 6, eff. Nov. 1, 1998; Laws 1999, c. 396, § 6, emerg. eff. June 10, 1999; Laws 2002, c. 445, § 3, eff. Nov. 1, 2002.


§101116.4.  Disclosure of certain information prohibited  Exceptions.

No member of a postadjudication review board or staff member of such board may disclose any information regarding individual cases acquired from case reviews or be compelled to disclose such information except:

1.  When such information pertains to criminal acts or violations of any law;

2.  When the child was the victim of a crime.  The members of the board or staff member of such board may be required by a court of competent jurisdiction to testify at any proceeding in which the commission of such a crime is the subject of inquiry; or

3.  When the person waives the privilege by bringing charges against the board.

Nothing in this act shall be construed to prohibit any board member or staff member of such board from testifying in court hearings concerning matters of adoption, child abuse, child neglect, or matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues and administrative superiors on behalf of the child, parent or parents of the child.

Any person participating in a judicial proceeding as a postadjudication review board member 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.

Added by Laws 1981, c. 289, § 6, eff. Oct. 1, 1981.  Amended by Laws 1991, c. 296, § 22, eff. Sept. 1, 1991; Laws 1993, c. 72, § 3, eff. July 1, 1993; Laws 2001, c. 415, § 2, emerg. eff. June 5, 2001.


§10-1116.5.  Repealed by Laws 1991, c. 296, § 32, eff. Sept. 1, 1991.

§10-1116.6.  Postadjudication Review Advisory Board.

A.  There is hereby created a State Postadjudication Review Advisory Board which shall meet at least twice each calendar year.  The Advisory Board shall have the duty of overseeing the implementation of the state postadjudication review program in coordination with the Oklahoma Commission on Children and Youth.

B.  The Advisory Board shall consist of twenty-one (21) members appointed by the Governor as follows:

1.  Eight of the members shall be members of the various review boards throughout the state;

2.  Five of the members shall be judges of the district court;

3.  Five of the members shall represent the general public and may be foster parents;

4.  One of the members appointed after the effective date of this act shall be a foster parent representing foster parents who have a current contract with the Department of Human Services to provide foster care services;

5.  One of the members appointed after the effective date of this act shall be a foster parent representing child-placing agencies which have current contracts with the Department to provide foster care services; and

6.  One of the members appointed after the effective date of this act shall be a foster parent nominated by any local or statewide foster parent association.

The members shall serve at the pleasure of the Governor.  The administrative heads of the divisions which have foster care responsibilities within the Department of Human Services and the Office of Juvenile Affairs or their designees shall serve as ex officio members of the Board.

C.  The Director of the Oklahoma Commission on Children and Youth shall be the clerk of the Advisory Board.

The Advisory Board shall have the duty to:

1.  Assist in the training of the members of the review boards;

2.  Serve, in coordination with the Oklahoma Commission on Children and Youth, as a clearinghouse for reports and information concerning the foster care review program and the review boards as they relate to foster care;

3.  Make recommendations to the courts, the Oklahoma Commission on Children and Youth, the Governor, the Legislature, the Department of Human Services, the Office of Juvenile Affairs, and other state agencies providing services to children regarding proposed statutory revisions, and amendments to court rules and procedures, and review and make recommendations on permanency planning, foster care and child welfare service delivery policies, guidelines, and procedures;

4.  Work with both public and private agencies concerned with foster care and adoption exchanges to inform the public of the need for temporary and permanent homes and other services needed by deprived children; and

5.  Specifically:

a. identify, analyze, and recommend solutions to any issue concerning child welfare and foster care services within the child welfare delivery system,

b. participate in the statewide planning and promotion of foster parent involvement in local planning for child welfare services, and

c. develop recommendations concerning foster care training to improve the quality of foster care services.

D.  The State Postadjudication Review Advisory Board may designate multidisciplinary committees on the local level to act as advocates for foster parents in order to assist in the resolution of specific complaints concerning foster care and to help facilitate the relationship between the Department of Human Services, the Office of Juvenile Affairs, child-placing agencies, and the foster parents.

E.  The Oklahoma Commission on Children and Youth, with the assistance of the State Postadjudication Review Advisory Board, shall be responsible for developing and administering training procedures and rules for the administration of the state postadjudication review board system.

F.  The State Postadjudication Review Advisory Board shall submit a report of the activities of the review boards, including the findings and recommendations of such review boards, to the Oklahoma Commission on Children and Youth on or before May 1 of each year.

G.  The Oklahoma Commission on Children and Youth shall incorporate, as appropriate, the findings and recommendations of the review boards in the annual report required by Section 601.9 of this title.

Added by Laws 1983, c. 113, § 6, eff. Nov. 1, 1983.  Amended by Laws 1986, c. 63, § 1, eff. Nov. 1, 1986; Laws 1991, c. 296, § 23, eff. Sept. 1, 1991; Laws 1993, c. 72, § 4, eff. July 1, 1993; Laws 1997, c. 389, § 1, eff. Nov. 1, 1997; Laws 1998, c. 364, § 6, emerg. eff. June 8, 1998; Laws 2002, c. 445, § 4, eff. Nov. 1, 2002.


§10-1117.  Renumbered as § 7003-7.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1118.  Renumbered as § 7003-6.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1119.  Renumbered as § 7003-8.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1120.  Renumbered as § 7003-5.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1121.  Renumbered as § 7003-8.7 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1122.  Renumbered as § 7003-8.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1123.  Renumbered as § 7003-6.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1123.1.  Renumbered as § 7003-6.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1123.2.  Renumbered as § 7003-6.4 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1124.  Renumbered as § 7003-8.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1125.  Renumbered as § 7005-1.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1125.1.  Renumbered as § 7005-1.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1125.2.  Renumbered as § 7005-1.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1125.2A.  Renumbered as § 7005-1.4 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1125.2B.  Renumbered as § 7005-1.5 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1125.3.  Renumbered as § 7307-1.6 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1125.4.  Renumbered as § 7307-1.7 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1126.  Renumbered as § 7003-8.6 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1127.  Repealed by Laws 1991, c. 296, § 33, eff. January 1, 1992.

§10-1129.  Renumbered as § 7001-1.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1130.  Renumbered as § 7006-1.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1131.  Renumbered as § 7006-1.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1132.  Renumbered as § 7006-1.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1133.  Renumbered as § 7006-1.4 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1134.  Renumbered as § 7006-1.5 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1135.  Repealed by Laws 1995, c. 352, § 202, eff. July 1, 1995, and by Laws 1997, c. 389, § 23, eff. Nov. 1, 1997.

§10-1135.1.  Renumbered as § 7303-8.4 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1135.2.  Renumbered as § 7004-1.4 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1136.  Renumbered as § 7002-2.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1137.  Renumbered as § 7302-5.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1138.  Renumbered as § 7302-5.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1139.  Renumbered as § 7302-5.4 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1140.  Renumbered as § 7003-7.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1141.  Renumbered as § 7302-5.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1142.  Repealed by Laws 1995, c. 352, § 202, eff. July 1, 1995.

§10-1143.  Renumbered as § 7303-8.6 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1144.  Renumbered as § 858.3 of Title 21 by Laws 1995, c. 352, § 200, eff. July 1, 1995.

§10-1145.  Renumbered as § 7002-2.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1146.  Renumbered as § 7302-6.5 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1147.  Renumbered as § 7003-4.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1148.  Renumbered as § 7003-4.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1149.  Renumbered as § 650.8 of Title 21 by Laws 1995, c. 352, § 200, eff. July 1, 1995.

§10-1150.  Short title.

Sections 1 through 6 of this act shall be known and may be cited as the "Child Death Review Board Act".

Added by Laws 1991, c. 192, § 1, eff. Sept. 1, 1991.


§10-1150.1.  Definitions.

As used in the Child Death Review Board Act:

1.  "Board" means the Child Death Review Board;

2.  "Child protection system" means public and private agencies, medical personnel, courts, law enforcement agencies and legal, education and social service professionals with responsibilities related to child abuse and neglect; and

3.  "Commission" means the Oklahoma Commission on Children and Youth.

Added by Laws 1991, c. 192, § 2, eff. Sept. 1, 1991.


§10-1150.2.  Child Death Review Board - Creation - Powers and duties - Meetings and discussions - Annual report.

A.  There is hereby re-created until July 1, 2006, in accordance with the Oklahoma Sunset Law, the Child Death Review Board within the Oklahoma Commission on Children and Youth.  The Board shall have the power and duty to:

1.  Conduct case reviews of deaths and near deaths of children in this state;

2.  Develop accurate statistical information and identification of deaths of children due to abuse and neglect;

3.  Improve the ability to provide protective services to the surviving siblings of a child or children who die of abuse or neglect and who may be living in a dangerous environment;

4.  Improve policies, procedures and practices within the agencies that serve children, including the child protection system; and

5.  Enter into agreements with local teams established by the Child Death Review Board to carry out such duties and responsibilities as the Child Death Review Board shall designate, including reviewing cases assigned by the Board in the geographical area for that local team.  The Oklahoma Commission on Children and Youth, with the advice of the Child Death Review Board, shall promulgate rules as necessary for the implementation and administration of the provisions of this paragraph.

B.  In carrying out its duties and responsibilities the Board shall:

1.  Establish criteria for cases involving the death or near death of a child subject to specific, in-depth review by the Board.  As used in this section, the term "near death" means a child is in serious or critical condition, as certified by a physician, as a result of abuse or neglect;

2.  Conduct a specific case review of those cases where the cause of death or near death is or may be related to abuse or neglect of a child;

3.  Establish and maintain statistical information related to the deaths and near deaths of children including, but not limited to, demographic and medical diagnostic information;

4.  Establish procedures for obtaining initial information regarding near deaths of children from the Department of Human Services and law enforcement agencies;

5.  Review the policies, practices, and procedures of the child protection system and make specific recommendations to the entities comprising the child protection system for actions necessary for the improvement of the system;

6.  Review the extent to which the state child protection system is coordinated with foster care and adoption programs and evaluate whether the state is efficiently discharging its child protection responsibilities under the federal Child Abuse Prevention and Treatment Act state plan;

7.  As necessary and appropriate, for the protection of the siblings of a child who dies and whose siblings are deemed to be living in a dangerous environment, refer specific cases to the Department of Human Services or the appropriate district attorney for further investigation;

8.  Request and obtain a copy of all records and reports pertaining to a child whose case is under review including, but not limited to:

a. the medical examiner's report,

b. hospital records,

c. school records,

d. court records,

e. prosecutorial records,

f. local, state, and federal law enforcement records including, but not limited to, the Oklahoma State Bureau of Investigation (OSBI),

g. fire department records,

h. State Department of Health records, including birth certificate records,

i. medical and dental records,

j. Department of Mental Health and Substance Abuse Services and other mental health records,

k. emergency medical service records, and

l. Department of Human Services' files.

Confidential information provided to the Board shall be maintained by the Board in a confidential manner as otherwise required by state and federal law.  Any person damaged by disclosure of such confidential information by the Board, its local boards or their members, not authorized by law, may maintain an action for damages, costs and attorney fees;

9.  Maintain all confidential information, documents and records in possession of the Board as confidential and not subject to subpoena or discovery in any civil or criminal proceedings; provided, however, information, documents and records otherwise available from other sources shall not be exempt from subpoena or discovery through those sources solely because such information, documents and records were presented to or reviewed by the Board;

10.  Conduct reviews of specific cases of deaths and near deaths of children and request the preparation of additional information and reports as determined to be necessary by the Board including, but not limited to, clinical summaries from treating physicians, chronologies of contact, and second opinion autopsies;

11.  Report, if recommended by a majority vote of the Board, to the President Pro Tempore of the Senate and the Speaker of the House of Representatives any gross neglect of duty by any state officer or state employee, or any problem within the child protective services system discovered by the Board while performing its duties;

12.  Recommend, when appropriate, amendment of the cause or manner of death listed on the death certificate; and

13.  Subject to the approval of the Oklahoma Commission on Children and Youth, exercise all incidental powers necessary and proper for the implementation and administration of the Child Death Review Board Act.

C.  The review and discussion of individual cases of death or near death of a child shall be conducted in executive session and in compliance with the confidentiality requirements of Section 7005-1.2 of this title.  All other business shall be conducted in accordance with the provisions of the Oklahoma Open Meeting Act.  All discussions of individual cases and any writings produced by or created for the Board in the course of its remedial measure and recommended by the Board, as the result of a review of an individual case of the death or near death of a child, shall be privileged and shall not be admissible in evidence in any proceeding.  The Board shall periodically conduct meetings to discuss organization and business matters and any actions or recommendations aimed at improvement of the child protection system which shall be subject to the Oklahoma Open Meeting Act.  Part of any meeting of the Board may be specifically designated as a business meeting of the Board subject to the Oklahoma Open Meeting Act.

D.  1.  The Board shall submit an annual statistical report on the incidence and causes of death and near death of children in this state for which the Board has completed its review during the past calendar year, including its recommendations, to the Oklahoma Commission on Children and Youth on or before May 1 of each year.  The Board shall also prepare and make available to the public, on an annual basis, a report containing a summary of the activities of the Board relating to the review of deaths and near deaths of children, the extent to which the state child protection system is coordinated with foster care and adoption programs, and an evaluation of whether the state is efficiently discharging its child protection responsibilities.  The report shall be completed no later than December 31 of each year.

2.  The Oklahoma Commission on Children and Youth shall review the report of the Board and, as appropriate, incorporate the findings and recommendations into the annual Commission report and the State Plan for Services to Children and Youth.

Added by Laws 1991, c. 192, § 3, eff. Sept. 1, 1991.  Amended by Laws 1993, c. 195, § 1, eff. July 1, 1993; Laws 1994, c. 31, § 1; Laws 1995, c. 223, § 1, emerg. eff. May 23, 1995; Laws 1998, c. 416, § 3, eff. Nov. 1, 1998; Laws 2000, c. 27, § 1; Laws 2004, c. 421, § 6, emerg. eff. June 4, 2004.


NOTE:  Laws 1998, c. 364, § 7 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999.


§10-1150.3.  Board - Membership - Officers - Meetings - Compensation - Administrative assistance and services.

A.  The Child Death Review Board shall be composed of twenty-seven (27) members, or their designees, as follows:

1.  Fourteen of the members shall be:

a. the Chief Medical Examiner,

b. the Director of the Department of Human Services, or a designee, provided the designee shall be a person assigned to the Child Welfare Division of the Department,

c. the State Commissioner of Health,

d. the Director of the Office of Child Abuse Prevention,

e. the Director of the Oklahoma Commission on Children and Youth,

f. the Chief Child Abuse Medical Examiner,

g. the Chief of Maternal and Child Health Services of the State Department of Health,

h. the Commissioner of Mental Health and Substance Abuse Services,

i. the Chair of the Child Protection Committee of the Children's Hospital of Oklahoma,

j. the Director of the Office of Juvenile Affairs,

k. the Chief of Injury Prevention Services of the State Department of Health,

l. the State Epidemiologist of the State Department of Health,

m. the Director of the Oklahoma State Bureau of Investigation, and

n. the Chief Executive Officer of the Oklahoma Health Care Authority; and

2.  Thirteen of the members shall be appointed by the Director of the Oklahoma Commission on Children and Youth, shall serve for terms of two (2) years, and shall be eligible for reappointment.  The members shall be persons having training and experience in matters related to the abuse or neglect of a child.  The appointed members shall include:

a. a law enforcement officer selected from lists submitted by the executive boards of organizations representing sheriffs and peace officers in this state,

b. an attorney licensed in this state who is in private practice selected from a list submitted by the executive board of the Oklahoma Bar Association,

c. a district attorney selected from a list submitted by the District Attorney's Council,

d. a physician selected from lists submitted by statewide organizations representing physicians in this state,

e. a physician selected from lists submitted by statewide organizations representing osteopathic physicians in this state,

f. a member of the State Post-Adjudication Review Advisory Board,

g. a social worker selected from a list submitted by each organization representing social workers,

h. an individual selected from lists submitted by Oklahoma court-appointed special advocate associations,

i. a psychologist selected from lists submitted by Oklahoma psychological associations,

j. a member of a Native American Tribe involved in the area of protection of Native American children selected from a list submitted by the Oklahoma Indian Affairs Commission,

k. an individual selected from lists submitted by Oklahoma coalitions or associations against domestic violence and sexual assault,

l. a pediatric physician selected from lists submitted by organizations of pediatric physicians or osteopaths, and

m. a member of an emergency medical technicians association.

B.  Every two (2) years the Board shall elect from among its membership a chair and a vice-chair.  The Board shall meet at least quarterly and may meet more frequently as necessary as determined by the chair.  Members shall serve without compensation but may be reimbursed for necessary travel out of funds available to the Commission pursuant to the State Travel Reimbursement Act; provided, that the reimbursement shall be paid in the case of state employee members by the agency employing the member.

C.  With funds appropriated or otherwise available for that purpose, the Commission shall provide administrative assistance and services to the Child Death Review Board.

Added by Laws 1991, c. 192, § 4, eff. Sept. 1, 1991.  Amended by Laws 1993, c. 195, § 2, eff. July 1, 1993; Laws 1995, c. 223, § 2, emerg. eff. May 23, 1995; Laws 1999, c. 30, § 1, eff. Nov. 1, 1999; Laws 2004, c. 421, § 7, emerg. eff. June 4, 2004.


§10-1150.4.  Chief Medical Examiner - Monthly death reports - Review of child death certificates - Requests for information.

A.  Beginning November 1, 1991, the Director of the Bureau of Vital Statistics shall forward to the Office of the Chief Medical Examiner on a monthly basis copies of all death certificates of persons under eighteen (18) years of age received by the Bureau of Vital Statistics during the preceding month.

B.  The Office of Chief Medical Examiner shall conduct an initial review of child death certificates in accordance with the criteria established by the Child Death Review Board and refer to the Board those cases that meet the criteria established by the Board for specific case review.

C.  Upon the request of the Board, every entity within the child protection system shall provide to the Board any information requested by the Board.

Laws 1991, c. 192, § 5, eff. Sept. 1, 1991.


§10-1150.5.  Repealed by Laws 1993, c. 195, § 5, eff. July 1, 1993.

§10-1160.1.  Renumbered as § 7302-9.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1160.2.  Renumbered as § 7302-9.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1160.3.  Renumbered as § 7302-9.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1160.4.  Renumbered as § 7302-9.4 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1160.5.  Renumbered as § 7302-9.5 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1160.6.  Renumbered as § 7302-9.6 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1161.1.  Repealed by Laws 1994, c. 100, § 2, eff. Sept. 1, 1994 and Laws 1994, c. 290, § 75.

§10-1161.2.  Repealed by Laws 1994, c. 100, § 2, eff. Sept. 1, 1994 and Laws 1994, c. 290, § 75.

§10-1201.  Renumbered as § 7305-1.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1202.  Renumbered as § 7305-1.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1203.  Renumbered as § 7305-1.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1204.  Renumbered as § 7305-1.4 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1205.  Renumbered as § 7305-1.5 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1206.  Renumbered as § 7305-1.6 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1207.  Renumbered as § 7305-1.7 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1208.  Renumbered as § 7305-1.8 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1209.  Renumbered as § 7305-1.9 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1210.  Renumbered as § 7305-1.10 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1211.  Juvenile law and issues training - Requirements for judicial personnel, attorneys and court-appointed special advocates.

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 or domestic docket responsibility.  Rules shall include, but not be limited to, education and training relating to risk factors which may identify domestic abuse and potential violence and the relationship between alcohol or drug abuse and violence, establishing safe visitation and supervised arrangements and standards for a child and parties involved in a court-ordered visitation.

2.  The Administrative Director of the Courts shall be responsible for developing and administering procedures and rules for such courses for judicial personnel.

B.  All judges having juvenile or domestic docket responsibility shall attend at least twelve (12) hours of training per year pertinent to issues relating to juvenile law, child abuse and neglect, domestic abuse issues and other issues relating to children such as foster care and parental divorce, establishing safe visitation and supervised visitation arrangements and such other education and training specified by rule pursuant to this section.  The Administrative Office of the Courts shall monitor the attendance of judges having juvenile docket responsibility at such training.

C.  District attorneys and assistant district attorneys whose duties include responsibility for the juvenile court docket shall complete education and training courses in juvenile law, child abuse and neglect and other issues relating to children such as foster care and parental divorce.  The District Attorneys Council shall be responsible for developing and administering procedures and rules for such courses for district attorneys and assistant district attorneys.

D.  Any public defender, or assistant public defender, whose duties include responsibility for a juvenile court docket shall complete education and training courses in juvenile law, child abuse and neglect and other issues relating to children such as foster care and parental divorce.  The public defender shall be responsible for developing and administering procedures and rules for such courses.

E.  Any attorney employed by or under contract with the Oklahoma Indigent Defense System whose duties include responsibility for a juvenile court docket shall complete education and training courses in juvenile law, child abuse and neglect and other issues relating to children such as foster care and parental divorce.  The Executive Director of the Oklahoma Indigent Defense System shall be responsible for developing and administering procedures and rules for such courses.

F.  Any court-appointed attorney or retained attorney whose duties routinely include responsibility for a juvenile court docket shall complete education and training courses in juvenile law, child abuse and neglect and other issues relating to children such as foster care and parental divorce.  The chief judge of the judicial district for which a court-appointed attorney serves shall be responsible for developing and administering procedures and rules for such courses.

G.  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 juvenile law, child abuse and neglect and other issues relating to children such as foster care and parental divorce, including, but not limited to, risk factors which may identify domestic abuse and potential violence and the relationship between alcohol or drug abuse and violence, safe visitation and supervised visitation arrangements and standards for a child and parties.  The chief judge of the judicial district for which a court-appointed special advocate serves shall be responsible for developing and administering procedures and rules for such courses.

H.  The training and education programs required by this section shall be developed and provided by or in cooperation with the Child Abuse Training and Coordinating Council.

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.


§10-1401.  Renumbered as § 7302-6.6 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1403.  Renumbered as § 7004-3.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1403.1.  Renumbered as § 7004-3.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1403.2.  Renumbered as § 7004-3.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1403.3.  Renumbered as 7004-3.4 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1403.4.  Repealed by Laws 1995, c. 352, § 202, eff. July 1, 1995.

§10-1404.  Renumbered as § 7004-1.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1404.1.  Renumbered as § 7302-8.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1405.  Renumbered as § 7002-3.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§101406.  Northern Oklahoma Resource Center of Enid, Southern Oklahoma Resource Center of Pauls Valley, Hissom Memorial Center - Transfer to Public Welfare Commission - Department of Mental Health and Substance Abuse Services.

A.  The Northern Oklahoma Resource Center of Enid, located at Enid, Oklahoma, the Southern Oklahoma Resource Center of Pauls Valley, located at Pauls Valley, Oklahoma, and the Hissom Memorial Center, located at Sand Springs, Oklahoma, are hereby transferred from the Board of Mental Health and Substance Abuse Services and the Department of Mental Health and Substance Abuse Services to the Oklahoma Public Welfare Commission.  The Department of Mental Health and Mental Retardation shall hereafter be known as the Department of Mental Health and Substance Abuse Services.

B.  Whenever the term "Enid State School" appears in the Constitution of Oklahoma or the Oklahoma Statutes, it shall mean the Northern Oklahoma Resource Center of Enid.

C.  Whenever the term "Pauls Valley State School" appears in the Constitution of Oklahoma or the Oklahoma Statutes, it shall mean the Southern Oklahoma Resource Center of Pauls Valley.

Laws 1963, c. 37, § 1, eff. July 1, 1963.  Renumbered from Title 56, § 301 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982.  Amended by Laws 1990, c. 51, § 11, emerg. eff. April 9, 1990; Laws 1992, c. 307, § 2, eff. July 1, 1992.


§10-1407.  Renumbered as § 7302-6.7 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1408.  Definitions.

The following text becomes effective April 1, 2005

(For text effective until April 1, 2005, see below)

A.  "Mentally retarded person" as used in Sections 1406 through 1424 of this title means a person who has significantly subaverage functioning, IQ of less than 70, manifested before age 18 and existing concurrently with related limitations in two or more of the following applicable adaptive skill areas:

1.  Communication;

2.  Self-care;

3.  Home living;

4.  Social skills;

5.  Use of community resources;

6.  Self-direction;

7.  Health and safety;

8.  Functional academics;

9.  Leisure; and

10.  Work.

B.  "Resident" as used in Sections 1406 through 1424 of this title shall mean a person admitted to and in residence in any of the institutions named in Section 1406 of this title, or on a vacation or extended vacation status from such institution.

C.  "Accreditation Council for Services for Mentally Retarded and Other Developmentally Disabled Individuals" means the national private nonprofit organization established for the purpose of promoting quality services for mentally retarded persons which is incorporated under that name.

D.  "Developmental disability" as used in Sections 1406 through 1424 of this title means a severe, chronic disability of a person which:

1.  Is attributable to a mental or physical impairment or combination of mental and physical impairments, such as mental retardation, cerebral palsy, or autism;

2.  Is manifested before the person attains twentytwo (22) years of age;

3.  Is likely to continue indefinitely;

4.  Results in substantial functional limitations in three or more of the following areas of major life activity:

a. selfcare,

b. receptive and expressive language,

c. learning,

d. mobility,

e. selfdirection,

f. capacity for independent living, and

g. economic selfsufficiency; and

5.  Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated.  The term developmental disability shall not include mentally ill persons, as those persons are defined by Section 1-103 of Title 43A of the Oklahoma Statutes, whose sole disability is mental illness.

E.  Nothing in subsection D of this section shall be construed to render persons who are receiving services upon the effective date of this act through programs and services for mentally retarded persons offered by the Department of Human Services as ineligible for such services.  The Department of Human Services may provide, within the limitations of funds and other resources available for such purpose, programs and services for persons with developmental disabilities who are not presently served by the Department of Human Services.

The following text is effective until April 1, 2005

(For text effective April 1, 2005, see above)

A.  "Mentally retarded person" as used in Sections 1406 through 1424 of this title means a person afflicted with mental defectiveness from birth or from an early age to such an extent that he is incapable of managing himself or his affairs, who for his own welfare or the welfare of others or of the community requires supervision, control, or care, and who is not mentally ill or of unsound mind to such an extent as to require his certification to an institution for the mentally ill.

B.  "Resident" as used in Sections 1406 through 1424 of this title shall mean a person admitted to and in residence in any of the institutions named in Section 1406 of this title, or on a vacation or extended vacation status from such institution.

C.  "Accreditation Council for Services for Mentally Retarded and Other Developmentally Disabled Individuals" means the national private nonprofit organization established for the purpose of promoting quality services for mentally retarded persons which is incorporated under that name.

D.  "Developmental disability" as used in Sections 1406 through 1424 of this title means a severe, chronic disability of a person which:

1.  Is attributable to a mental or physical impairment or combination of mental and physical impairments, such as mental retardation, cerebral palsy, or autism;

2.  Is manifested before the person attains twentytwo (22) years of age;

3.  Is likely to continue indefinitely;

4.  Results in substantial functional limitations in three or more of the following areas of major life activity:

a. selfcare,

b. receptive and expressive language,

c. learning,

d. mobility,

e. selfdirection,

f. capacity for independent living, and

g. economic selfsufficiency; and

5.  Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated.  The term developmental disability shall not include mentally ill persons, as those persons are defined by Section 1-103 of Title 43A of the Oklahoma Statutes, whose sole disability is mental illness.

E.  Nothing in subsection D of this section shall be construed to render persons who are receiving services upon the effective date of this act through programs and services for mentally retarded persons offered by the Department of Human Services as ineligible for such services.  The Department of Human Services may provide, within the limitations of funds and other resources available for such purpose, programs and services for persons with developmental disabilities who are not presently served by the Department of Human Services.

Laws 1963, c. 37, § 2, eff. July 1, 1963.  Renumbered from Title 56, § 302 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982.  Amended by Laws 1983, c. 128, § 2, operative July 1, 1983; Laws 1991, c. 210, § 1, eff. Sept. 1, 1991; Laws 2004, c. 106, § 1, eff. April 1, 2005.


§101409.  Transfer of powers and duties.

All powers and duties relating to the Northern Oklahoma Resource Center of Enid, the Southern Oklahoma Resource Center of Pauls Valley, and the Hissom Memorial Center formerly vested in the Mental Health Board, the Director of Mental Health, or in the Department of Mental Health and Substance Abuse Services are hereby transferred to the Commission for Human Services and the Oklahoma Department of Human Services.

Laws 1963, c. 37, § 3, eff. July 1, 1963. Renumbered from Title 56, § 303 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982.  Amended by Laws 1990, c. 51, § 12, emerg. eff. April 9, 1990; Laws 1992, c. 307, § 3, eff. July 1, 1992.


§101410.  Personal properties  Contracts and leases  Unexpended funds.

(a) All personal properties, records, equipment, and supplies now owned and in use by the abovenamed institutions shall be transferred to and become the property of the Commission for Human Services.

(b) All contracts, leases, and other such agreements as may have been entered into by the Board of Mental Health and Substance Abuse Services or any of its agents, relative to the institutions referred to in Section 1406 of this title and such duties and responsibilities as are in effect on the effective date of this act shall be assumed by and become binding upon the Commission for Human Services and the Department of Human Services.

(c) All unexpended funds to the credit of the abovenamed institutions and all unexpended appropriations for such institutions shall be transferred by the State Treasurer to the Department of Human Services and placed in a separate fund.  The fund shall be known as the "Fund for Mentally Retarded."

Laws 1963, c. 37, § 4, eff. July 1, 1963. Renumbered from Title 56, § 304 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982.  Amended by Laws 1990, c. 51, § 13, emerg. eff. April 9, 1990.


§101411.  Rules and regulations  Repair of buildings  Federal funds  Superintendents and other personnel  Expenditure of funds.

(a) The Commission is authorized and directed to promulgate and adopt all rules and regulations necessary to carry out the provisions of this act.

(b) The Commission shall establish and maintain such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis) as are necessary for the proper and efficient administration of the programs and institutions named in Section 1 of this act; shall maintain records and prepare reports; shall prescribe a uniform accounting system; and shall exercise any other powers necessary to carry out the provisions of this act.

(c) The Commission may provide for the repair, alterations, or remodeling of any existing building at the abovenamed institutions, or at any other institution under its jurisdiction, necessary for the proper and efficient administration and to conserve the properties and the state's investment in such properties.  Funds available for operating expenses and revolving funds of institutions under the control of the Commission may be used for such purposes, and may also be expended for land and other capital outlay, whenever the Commission finds the same is needed for the proper discharge of its responsibilities.  Any county may convey to the State of Oklahoma, for the use of any such institution, land owned but not needed by the county; and such conveyance may be made without consideration, appraisal, advertisement for bids, or offer to the highest bidder, if the board of county commissioners determines that the same will not be to the detriment of the county.

(d) The Commission is authorized to receive grants of federal funds for the purpose of combating or preventing mental retardation, including but not limited to funds for the treatment, care, rehabilitation, or training of the mentally retarded, or for the establishment or expansion of any programs or facilities or research projects relating to the mentally retarded, or for construction of research centers and facilities for the mentally retarded, and is authorized to cooperate in any reasonable manner with the federal agency or agencies granting such federal funds for such purposes, including compliance with any conditions prescribed by federal authorities for the granting of such funds.  The Commission may serve as the sole designated state agency for receiving, disbursing, or administering federal funds for any of the aforesaid purposes, provided federal law requires such an agency and the Commission is eligible to be such an agency under federal law.  Provided, however, that this section shall not prevent any other agency from receiving, disbursing, or administering federal grants for any of the aforesaid purposes, if authorized or required by federal law.

(e) The Commission shall establish the duties and fix the compensation of the superintendent and other personnel needed at each of the institutions referred to in Section 1 of this act. Appointments to all such positions shall be made by the Director subject to the approval of the Commission.

(f) The Commission shall have authority to provide for the expenditure of all funds for the administration and operations of the institutions specified in Section 1 of this act and for a compliance with the provisions of this act.

Laws 1963, c. 37, § 5, eff. July 1, 1963. Renumbered from Title 56, § 305 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982.  

§10-1411.1.  Developmental Disabilities Services Division - Periodic reports.

A.  Beginning January 1, 1999, and on January 1 each year thereafter, the Department of Human Services shall submit to the Governor and the Legislature an annual report of the administrative activities of the Developmental Disabilities Services Division.  The report shall include a clear and complete description of the administrative procedures utilized by the Developmental Disabilities Services Division including, but not limited to:

1.  Accounting and budgeting practices;

2.  Client statistical data gathering and management;

3.  Data processing procedures;

4.  Development and maintenance of program service plans;

5.  Provide contracting and evaluation procedures;

6.  Incorporation of advisory committee assessment recommendations; and

7.  Any other area of activity that is not related to direct delivery of services to applicants and clients.

B.  The report shall also include, but not be limited to, previous year performance data on:

1.  The number of clients:

a. who applied for service,

b. accepted for service,

c. for whom plans for service were approved or denied,

d. receiving services by classification of service objective, and

e. who were provided a type of service that differed from the objective contained in the client's service plan;

2.  The cost of services;

3.  The total cost for clients who received services;

4.  The average cost and percentile cost distribution of purchased services for all clients served; and

5. a. The average cost for all clients who received:

(1) at least eight hours of care,

(2) between eight and sixteen hours of care, and

(3) between sixteen and twenty-four hours of care.

b. In determining such averages, the Department shall include, but not be limited to, the following costs:

(1) laboratory and x-ray services,

(2) dental services,

(3) occupational therapy,

(4) speech therapy,

(5) physical therapy,

(6) doctor services,

(7) nursing services,

(8) hospitalization,

(9) optometry services,

  (10) housing services,

  (11) utilities,

  (12) food,

  (13) transportation,

  (14) clothing, and

  (15) administrative costs of providing such services.

C.  Beginning January 1, 1999, and on or before January 1 each year thereafter, the Department shall prepare a report outlining the Department's two-year plan for providing individualized services to clients with developmental disabilities.  The report shall include any new federal mandates and an estimate of any costs associated with such mandates, and recommendations for any needed statutory or constitutional changes.  The Commission for Human Services shall review, amend if necessary and approve the report.  The Department shall transmit the approved report to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives.

Added by Laws 1998, c. 390, § 1, eff. Nov. 1, 1998.


§10-1411.2.  Developmental Disabilities Services Division waiting list - Voucher waiver program.

Subject to the availability of funds, the Developmental Disabilities Services Division (DDSD) of the Department of Human Services shall, within six (6) months of the effective date of this act, design and implement a voucher waiver program to serve persons on the DDSD waiting list.  The purpose of the voucher waiver program shall be to facilitate and support the service choices made by the client and the parent or guardian of the client and shall include, but not be limited to:

1.  A service determination process which takes into account whether services exist and are available and accessible to the client, including, but not limited to:

a. respite care,

b. physical therapy,

c. occupational therapy,

d. speech therapy,

e. vocational services,

f. habilitation training services,

g. dental services,

h. psychological services,

i. nutritional services,

j. nursing services,

k. Early and Periodic Screening Diagnosis and Treatment (EPSDT) Services,

l. medical services,

m. transportation services, and

n. pharmacy services;

2.  The provision of services through any public or private intermediate care facility; and

3.  A system for the identification and payment of service providers, including fiscal intermediaries.

Added by Laws 1998, c. 390, § 2, eff. Nov. 1, 1998.


§10-1412.  Advisory committee.

A.  The Director of Human Services, who shall not be removed from office, except for cause, subject to the approval of the Commission for Human Services, shall appoint an advisory committee to advise the Commission and Director on matters relating to service delivery for persons with developmental disabilities.

B.  Such advisory committee shall include among its members representatives of state agencies and persons representative of professional, civic, or other public or nonprofit private agencies, organizations, or groups concerned with services needed by persons with developmental disabilities, including the parent-guardian association of the Northern Oklahoma Resource Center of Enid, the Southern Oklahoma Resource Center of Pauls Valley, and families of individuals receiving services from the Developmental Disabilities Services Division of the Department of Human Services.

Added by Laws 1963, c. 37, § 6, eff. July 1, 1963.  Renumbered from Title 56, § 306 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982. Amended by Laws 1992, c. 307, § 4, eff. July 1, 1992; Laws 1997, c. 407, § 1, eff. Nov. 1, 1997.


§101413.  Transfer of pupils.

The Commission is authorized to transfer any pupil or pupils from any institution referred to in Section 1406 of this title to any other of such institutions, or to any institution within the Department of Mental Health and Substance Abuse Services, with the consent of the Director of Mental Health and Substance Abuse Services when it determines that such pupil or pupils are in need of treatment at such institution.

Laws 1963, c. 37, § 9, eff. July 1, 1963. Renumbered from Title 56, § 309 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982.  Amended by Laws 1990, c. 51, § 14, emerg. eff. April 9, 1990.


§10-1414.  Admission of mentally retarded persons - Applications - Release.

A.  1.  Mentally retarded persons who are legal residents of this state and who have a mental age not above that of the average nine-year-old child, as determined by psychological examination, may be admitted to an institution named in Section 1406 of this title or provided community services, if available, on a voluntary basis only upon written application to the Director on forms provided for such purpose.  Other mentally retarded persons who are residents of this state and who are above such mental age may be admitted or provided community services, on a voluntary basis only, upon recommendation of the superintendent of the institution and approval of the Director.

2.  The application shall be signed by any parent having legal custody of such person, a guardian appointed by a court, or other legal custodian of such person.

3.  The psychological examination provided for in this section shall be on forms provided by the Department and must be completed before an application can be approved and the applicant admitted to the institution.

B.  Release of a resident of any of the institutions named in Section 1406 of this title shall be subject to such reasonable rules and conditions as may be prescribed by the Commission for Human Services and shall be made only to the parent, guardian appointed by a court, or legal custodian of the resident; provided, however, a resident eighteen (18) years of age or older who has not been found by a court to be incompetent or incapacitated may request and obtain such person's own release.

Added by Laws 1963, c. 37, § 10, eff. July 1, 1963.  Renumbered from Title 56, § 310 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982.  Amended by Laws 1983, c. 128, § 3, operative July 1, 1983; Laws 1997, c. 407, § 2, eff. Nov. 1, 1997.


§10-1414.1.  Greer Center Facility - Admission guidelines and procedures.

A.  In addition to the admissions requirements of Section 1414 of this title, the Greer Center Facility located on the grounds of the Northern Oklahoma Resource Center of Enid in Enid, Oklahoma, shall be established as a separate entity from the Northern Oklahoma Resource Center of Enid and further shall provide for the admission of persons who have been dually diagnosed as follows:

1.  Primary diagnosis of mental retardation by a psychologist, physician or psychiatrist.  The diagnosis shall be in accordance with any statutory requirements and shall include intellectual evaluation, adaptive behavior evaluation, and evidence that retardation occurred within the developmental period.  Preference shall be given for those individuals whose retardation level falls within the mild and moderate ranges; and

2.  Secondarily, clinical evidence of behavioral or emotional problems pursuant to a formal, written evaluation by a psychologist, psychiatrist or physician describing the nature of the problem, the frequency of occurrence of the problem, any prior treatment efforts and reasons why the applicant cannot receive appropriate treatment in the applicant's current environment and a secondary diagnosis of mental illness in accordance with the Diagnostic and Statistical Manual of Mental Disorders, as revised and published by the American Psychiatric Association.

B.  A person shall not be considered for voluntary admission into the Greer Center Facility unless it can be clinically demonstrated that the behavior of the person does not pose an unreasonable risk of injury, death or sexual assault to others or an unreasonable risk of injury or death to self.  Persons considered for admission shall not be considered by a psychologist, psychiatrist, or physician as homicidal or suicidal and shall not have exhibited homicidal or suicidal tendencies for six (6) months prior to application for admission.

C.  An applicant who requires skilled nursing care shall not be admitted to the Greer Center Facility.  Applicants having a medical condition which is degenerative in nature that will require skilled nursing shall be considered on a case by case basis to ensure that sufficient staff is available to ensure quality of care.  If an applicant has any existing medical or surgical condition that is correctable, the condition shall be remedied by the referring facility before admission to the Greer Center Facility is considered.

D.  Any person seeking admission to the Greer Center Facility for treatment, subject to the availability of space, shall be admitted.  All persons admitted to the Greer Center Facility shall submit a referral packet to the director of the Greer Center Facility which contains at a minimum, the following information or records:

1.  Results of a current physical exam;

2.  Recent physician orders and progress notes for up to one (1) year, if available;

3.  Recent nursing notes for up to one (1) year, if available;

4.  Fact sheet (medical records);

5.  Legal papers, including, but not limited to, birth certificate, marriage certificate and guardianship;

6.  Social history, with a recent social evaluation or update within one (1) year;

7.  Psychological exam administered or updated within ninety (90) days of referral;

8.  Dental records;

9.  Immunization record;

10.  Multidisciplinary progress notes for up to one (1) year, if available;

11.  Medical and medication history; and

12.  Individual Habilitation Plan or Care Plan, if available.

E.  The Greer Center Admissions Committee shall consist of a representative from the Department of Mental Health and Substance Abuse Services, a representative from the Greer Center Facility, and an independent psychologist or psychiatrist on contract with the Department of Human Services.  The Committee shall make decisions regarding admissions to the programs of the Greer Center Facility.  The Committee may request additional information concerning an applicant from the referring agency or participation by referring agency personnel as necessary.

F.  Persons entering the Greer Center Facility shall receive a comprehensive evaluation of their intellectual functioning, adaptive behavior skills, and mental health status, and shall receive a continuous active treatment program, which includes aggressive, consistent implementation of a program of specialized and generic training, treatment, health services and related services.  The evaluation and assessment shall be completed within thirty (30) days of admission to the Greer Center Facility.

G.  After the evaluation and assessment by the Greer Center Facility, staff shall present the individual's referral packet and their findings to the Greer Center Admissions Committee with a recommendation for continued admission or alternate treatment.  The Admissions Committee shall make decisions regarding continued admission and shall notify the Department of Human Services, the Department of Mental Health and Substance Abuse Services and the referring agency in writing, stating specifically the decisions of the Committee regarding admission, including specific reasons for denial of admission.  If an applicant's admission is not continued at the Greer Center Facility after undergoing the evaluation process, the referring agency shall reimburse the Department of Human Services for the number of bed days used at the Medicaid rate for that unit.  If an applicant's admission is continued, the applicant shall be certified for Medicaid reimbursement from the initial date of admission.

H.  Individuals who have been admitted and served by the Greer Center Facility shall be eligible for readmission services on the same basis as an individual initially seeking services.

I.  In addition to other discharge procedures and requirements provided by law, the interdisciplinary team of the Greer Center Facility shall have recommended discharge based upon a determination that the individual's mental or physical condition prevents the individual from receiving appropriate services at the Greer Center Facility and the individual shall have completed all primary goals of the individual's habilitation plan.  The Developmental Disabilities Services Community Services Unit from the individual's placement area shall be consulted in the recommendations for placement and shall be responsible for coordinating the placement and follow up.

J.  The Commission for Human Services is authorized and hereby directed to promulgate and amend rules necessary to implement the provisions of this section.

Added by Laws 1990, c. 211, § 3, eff. Sept. 1, 1990.  Amended by Laws 1991, c. 300, § 16, operative July 1, 1991; Laws 1992, c. 307, § 5, eff. July 1, 1992; Laws 1997, c. 407, § 3, eff. Nov. 1, 1997.


§101415.  Placement in institution for mentally retarded not to abrogate parental right  Guardians  Assessment of competency.

A.  The voluntary placement of a child in an institution for the mentally retarded by the child's parents shall not, by itself, abrogate the rights and authority of the parents.

B.  1.  Except as otherwise provided in this paragraph, no later than January 1, 1988, all residents of the institutions specified in Section 1406 of this title and all residents of other residential facilities for mentally retarded persons operated by the Department of Human Services who are eighteen (18) years of age or older shall have a guardian appointed by a court.  A guardian shall not be required for a resident of said institution eighteen (18) years of age or older for whom a guardian is not recommended as provided in subsection C of this section or who has not been found to be incompetent or incapacitated by the court.

2.  The guardian shall be the parent of the resident or a relative or other adult person appointed by a court to be the guardian of the resident or former resident.  A parent whose parental rights have not been terminated by a court, and who is otherwise qualified to serve as guardian, shall have first priority for appointment as guardian.  If a parent is not available or willing to serve, a relative who is otherwise qualified to serve as guardian shall have next priority for appointment as guardian.

3.  The guardian shall not be the superintendent or other employee of the institution or residential facility in which said person resides or an employee of the Department of Human Services, except where the superintendent or employee is also the parent or relative of the resident or former resident.  A superintendent may serve as guardian ad litem as provided in subsection D of this section.

C.  1. An assessment of the competency of a resident of an institution or residential facility for the mentally retarded operated by the Department shall be completed within six (6) months:  a.prior to the eighteenth birthday of the resident; or

b. after institutionalization if the resident is an adult at the time of institutionalization; or

c. after the effective date of this act if the resident is an adult who was institutionalized prior to the effective date of this act and for whom no competency assessment has been performed or no guardian appointed.

2.  The assessment shall be made by a panel composed of the resident's social worker, the attending physician of the resident, and a licensed psychiatrist or licensed psychologist with training and experience in the area of mental retardation and developmental disabilities.  The panel shall make a recommendation to the superintendent as to whether or not the condition of the resident is such that appointment of a guardian is warranted.  Upon the finding by the panel that appointment of a guardian is warranted, the superintendent shall initiate guardianship proceedings.

D.  If the parents or other relative of the resident are unable to serve as guardian or cannot be located, the Department may in a guardianship proceeding request the court to appoint a guardian ad litem until such time as a guardian is appointed by a court.  If the court is satisfied, after inquiry into the matter, that a parent or other relative qualified and willing to serve as guardian cannot with due diligence be located, the court may appoint a guardian ad litem.

1.  The court may appoint as guardian ad litem:

a. a qualified relative or other adult person; or

b. a public guardian if available; or

c. the superintendent of the facility in which the resident resides.

In all cases, a qualified relative or other qualified adult shall have priority over the Department of Human Services for appointment as a guardian.

2.  The appointment of a guardian ad litem shall be as guardian ad litem of the person only of said resident, and the court shall set forth in its appointment order the specific powers and duties of the guardian ad litem.  The guardian ad litem shall not change the place of residence of the resident unless authorized by the court.

3.  The guardian ad litem may serve without bond.

E.  The Department of Human Services may provide assistance to residents and former residents of the institutions named in Section 1406 of this title as necessary to assure compliance with the requirements of subsection B of this section, including filing a petition to have a guardian of the person appointed for the resident.

F.  The superintendent of the institution shall have the custody of any resident during the time said resident remains in the institution and shall be responsible for the care, treatment, and education of the resident during the time said resident remains in the institution.

Laws 1963, c. 37, § 11, eff. July 1, 1963. Renumbered from Title 56, § 311 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982. Amended by Laws 1983, c. 128, § 4, operative July 1, 1983; Laws 1987, c. 195, § 1, emerg. eff. June 30, 1987.  

§10-1415.1.  Clinical records - Ombudsman program - Periodic evaluation - Residential placement - Reports of psychotropic medications.

A.  1.  All institutions named in Section 1406 of this title within the Department of Human Services, which are established primarily for the purpose of caring for the mentally retarded, shall maintain an adequate clinical record of each resident.  Such record shall contain initial social, psychological, and medical evaluation results, as well as interval reports of the resident's condition, the treatment and training prescribed, and the progress shown.

2.  The Commission for Human Services shall establish an ombudsman program for each of the institutions and residential facilities for the mentally retarded operated by the Department, which shall include, but not be limited to, an appeals procedure for the resolution of grievances or complaints of the residents of the institutions and facilities and the grievances or complaints of the parents or the court-appointed guardians of the residents.

B.  The educational and physical capabilities of each resident shall be assessed at least one time each year by appropriate professional personnel for the purpose of determining such further treatment or training as may be required.  A report of the findings and recommendations of such assessments shall be filed in the clinical record of the resident.  Failure on the part of the superintendent of the institution to institute a policy of annual evaluations, if sufficient personnel are available, shall constitute dereliction of duty.

C.  When annual evaluations of a resident reflect improvement in social or physical capabilities sufficient enough to permit the resident to be released from the institution, either completely or conditionally, the superintendent shall return such resident to the resident's immediate family, or shall provide assistance for the placement of the resident in some other appropriate residential setting.

D.  1.  The Department of Human Services may enter into contracts for the development of residential settings and attendant community services prior to the release of the resident.

2.  The Department shall establish procedures which specify the conditions and requirements for recipients of such contracts.  In establishing reimbursement rates for recipients of such contracts, the Department may take into consideration any unusual or increased costs of the recipient relating to the care and treatment of developmentally disabled clients including, but not limited to, workers' compensation costs.

3.  A copy of these procedures shall be made available to any person upon request.

E.  1.  In addition to any other form of assistance provided, the Department is authorized to pay stipends to eligible relatives and certified volunteers for the sole purpose of acquiring legal representation to initiate guardianship proceedings.

2.  Financial guidelines and other criteria pertaining to eligibility of relatives and certified volunteers applying for a stipend shall be established by rules promulgated by the Commission.

F.  Reports of the reviews of the administration of psychotropic medications shall be made available to the parent or the court-appointed guardian of a resident of the institutions.  The parent or the court-appointed guardian of a resident of the institution shall have access to all clinical records pertaining to the condition, treatment, training, and education of the resident which are maintained at the institution, or elsewhere, by the Department of Human Services.

Added by Laws 1961, p. 286, § 1.  Amended by Laws 1983, c. 128, § 6, operative July 1, 1983.  Renumbered from Title 43A, § 411 by Laws 1983, c. 128, § 7, operative July 1, 1983.  Amended by Laws 1989, c. 373, § 18, operative July 1, 1989; Laws 1996, c. 137, § 1, eff. Nov. 1, 1996; Laws 1997, c. 63, § 1, eff. Nov. 1, 1997; Laws 1997, c. 407, § 4, eff. Nov. 1, 1997.


§101416.  Liability for care and treatment.

A resident at an institution named in Section 1406 of this title is liable for his care and treatment.  This claim of the state for such care and treatment shall constitute a valid indebtedness against said resident and his estate and shall not be barred by any statute of limitations.  At the death of said resident this claim shall be allowed and paid as other lawful claims against the estate. Persons making application for admission of a mentally retarded person to said institution are also liable for the care and treatment of said resident, provided that such persons are legally obligated to support said resident.  No person shall be liable for said care and treatment solely on the grounds that said person has been appointed guardian of said resident.  Provided, further, that no admission or detention of a mentally retarded person in said institution shall be limited or conditioned in any manner by the financial status or ability to pay of a mentally retarded person, his estate, or any relative.

Laws 1963, c. 37, § 12, eff. July 1, 1963. Renumbered from Title 56, § 312 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982. Amended by Laws 1983, c. 128, § 5, operative July 1, 1983.  

§101417.  Clinics  Outpatient facilities  Day care centers.

(a) The Department may establish and direct such mental hygiene clinics and child guidance clinics in local areas of the state where such clinics are deemed most advantageous for the public welfare as a distinct part of the general health program.

(b) Outpatient facilities and day care centers to be operated in conjunction with state schools for the mentally retarded shall be established, maintained and operated by the Department to provide outpatient care for mentally retarded persons.  The number and location of such facilities and day care centers shall be determined by the Oklahoma Public Welfare Commission.

Laws 1963, c. 37, § 13; Laws 1969, c. 323, § 1, emerg. eff. May 7, 1969. Renumbered from Title 56, § 313 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982.  

§10-1417.1.  Medicaid payments for reserved beds in intermediate care facilities for mentally retarded - Amendment of Medicaid State Plan.

A.  Payments under the Medicaid Program shall be made to reserve a bed in an intermediate care facility for the mentally retarded during the absence of a resident, other than for periods of inpatient hospitalization, pursuant to the provisions of 42 C.F.R. 447.40.  Such payments for periods of absence shall be limited to payment for a maximum of sixty (60) days absent in a calendar year.

B.  The Department of Human Services shall amend the Medicaid State Plan to conform with the requirements of this section.

Added by Laws 1992, c. 218, § 1, eff. Sept. 1, 1992.


§10-1418.  Powers and duties of Commission for Rehabilitation Services - Local education agencies.

A.  The Commission for Rehabilitation Services shall have the supervision, management and control of the Oklahoma School for the Blind and the Oklahoma School for the Deaf, and, in addition to the powers and duties now vested in the State Board of Education as to each of such institutions, shall have authority to adopt such rules as it deems necessary for the government and operation of each institution, and for the admission and discharge of pupils at each institution.  No easement, right-of-way, oil and gas lease or surface lease on any land used or occupied by either institution, or any other institution under the jurisdiction of the Commission, shall be granted or conveyed without the approval of the Commission; and all money hereafter received therefor or derived therefrom, including rentals and royalties from leases executed prior to July 1, 1965, shall be deposited in the revolving fund of the institution and be used by the Commission for the purposes of the institution.  The Commission may participate in federal programs for the benefit of blind or deaf persons, and may receive and administer federal funds for such purposes.  The Commission is hereby expressly granted every power necessary or convenient to make such institutions effective for the purposes for which they were created.  The provisions of this section shall not affect the type of school maintained at either institution.

B.  The Oklahoma School for the Blind and the Oklahoma School for the Deaf shall be considered local educational agencies only for the purpose of participating in federal programs and receiving federal funds disbursed by the State Department of Education to local educational agencies, if the schools meet the eligibility requirements for the federal programs.

Added by Laws 1965, c. 193, § 2, eff. July 1, 1965.  Renumbered from § 321 of Title 56 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982.  Amended by Laws 1993, c. 364, § 7, emerg. eff. June 11, 1993; Laws 2001, c. 366, § 1, eff. Sept. 1, 2001; Laws 2004, c. 543, § 4, eff. July 1, 2004.


§10-1419.  Administration - Personnel - Retirement system.

A.  The Commission for Rehabilitation Services shall establish and maintain such methods of administration, including methods relating to the establishment and maintenance of personnel standards, as are necessary for the proper and efficient administration of the Oklahoma School for the Blind and the Oklahoma School for the Deaf, and programs thereat; shall maintain records and reports, shall provide a uniform accounting system; and shall incur such expenses and make such expenditures as it deems necessary to maintain and operate such schools.

B.  1.  Instructional Personnel.  The Director of the State Department of Rehabilitation Services shall employ or contract with such qualified instructional personnel including, but not limited to, teachers, and such other persons serving in an instructional capacity, as the director deems necessary for the proper operation of each school and shall fix their duties and compensation.  The superintendent, teachers and other employees shall be eligible for membership or participation in the Teachers' Retirement System of Oklahoma to the same extent and on the same basis as teachers and other employees of other state educational institutions and public schools.  The Director shall not employ or contract with a person as instructional personnel unless the superintendent of the school has recommended that person.  If there is a vacancy in the superintendent position or if the superintendent is unable to make a recommendation within thirty (30) days after a request for a recommendation is made, the Director is authorized to employ or contract with any person without a recommendation from the superintendent.

2.  Career Teacher.  A career teacher is a member of the instructional staff who has served in an instructional capacity for three (3) or more consecutive years in either school, or who has served in a public school district in such a way so as to meet the definition of a career teacher as provided for in Section 6-101.3 of Title 70 of the Oklahoma Statutes.  Career teacher shall not include a school nurse.

3.  Probationary Teacher.  A probationary teacher is a member of the instructional staff who has served in an instructional capacity for less than three (3) consecutive years in either school, or who has served in a public school district in such a way so as to meet the definition of a probationary teacher as provided for in Section 6-101.3 of Title 70 of the Oklahoma Statutes.

C.  Administrative Personnel.

1.  The Director of the State Department of Rehabilitation Services shall employ or appoint the superintendent of each school and shall fix their duties and compensation.  The superintendents shall be in the unclassified service.

2.  The Director of the State Department of Rehabilitation Services shall employ or contract with such other administrative personnel as the Director deems necessary for the proper operation of each school and shall fix their duties and compensation.  The administrative personnel may include, but is not limited to, assistant superintendents, principals, vice-principals and other persons who devote a majority of their time to service in a supervisory or administrative capacity.

D.  An orientation and mobility specialist employed by the State Department of Rehabilitation Services to serve at the Oklahoma School for the Blind shall be accorded the same protection of laws and all other benefits accorded instructional personnel, including but not limited to, the minimum salary level for instructional personnel.

E.  1.  The Commission shall, pursuant to the Administrative Procedures Act, adopt personnel policies for instructional and administrative personnel, except for superintendents, that are consistent with the law applicable to public school district employees, including, but not limited to, leave and employment policies, evaluation policy, grievance procedures, professional development, and a minimum salary schedule.  The Commission shall initiate a rulemaking process for the personnel policies for instructional and administrative personnel no later than October 1, 2003.  The minimum salary level for qualified instructional personnel shall meet or exceed the minimum salary level provided for public school teachers in Section 18-114.12 of Title 70 of the Oklahoma Statutes or any additional minimum salary schedule enacted by the Legislature and the Commission shall meet or exceed any other legislatively mandated pay raises for teachers that are not part of the minimum salary schedule.  The Department shall notify teachers and other personnel on or before April 10 of each year concerning the renewal of contracts consistent with the requirements for public school teachers as provided for in Section 6-101 of Title 70 of the Oklahoma Statutes.  The policy for professional development programs for instructional and administrative personnel shall be consistent with the requirements for professional development programs for public school teachers as provided in Section 6-194 of Title 70 of the Oklahoma Statutes.

2.  Final disciplinary action taken against a member of the instructional or administrative staff, except superintendents, including termination or the nonrenewal of a contract, shall be subject to the administrative hearing procedures as set forth in Article II of the Oklahoma Administrative Procedures Act.  If the final decision of the Director is to terminate or to not renew the contract of a career teacher or administrator, the career teacher or administrator, except superintendent, shall not have a right to judicial review pursuant to Article II of the Oklahoma Administrative Procedures Act, but shall have a right to a trial de novo as provided for in Section 2 of this act.  Disciplinary action against a probationary teacher shall be final unless otherwise provided for by law.

F.  The State Department of Education shall insure that any funds which have been received in Oklahoma by the State Department of Education because of students who are enrolled and attending the Oklahoma School for the Blind and the Oklahoma School for the Deaf are transferred to the State Department of Rehabilitation Services for use by these schools in proportion to the number of students enrolled and attending who were the basis for the receipt of these federal funds.

G.  School personnel who have entered into contracts with the schools on or before July 1, 1995, shall be entitled to longevity pay as provided in Section 840-2.18 of Title 74 of the Oklahoma Statutes.

Added by Laws 1965, c. 193, § 3, eff. July 1, 1965.  Renumbered from § 322 of Title 56 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982.  Amended by Laws 1993, c. 364, § 8, emerg. eff. June 11, 1993; Laws 1995, c. 269, § 1, eff. July 1, 1995; Laws 2001, c. 166, § 1, eff. July 1, 2001; Laws 2003, c. 93, § 1, eff. July 1, 2003; Laws 2005, c. 379, § 1, eff. July 1, 2005.


§10-1419a.  Dismissal or nonrenewal of contract of career teacher or administrative personnel other than principal - Trial de novo.

A.  A career teacher, as described in Section 1419 of Title 10 of the Oklahoma Statutes, or any administrative personnel other than a superintendent who has been dismissed or whose contract has not been renewed shall be entitled to a trial de novo in the district court of the county in which the school is located.

B.  In the event that a career teacher is dismissed or the teacher's contract is not renewed, the Director of the State Department of Rehabilitation Services shall notify the teacher of the right to trial de novo within ten (10) days of receipt of the final order of the Director.

C.  Within ten (10) days of receipt of the notification of the right to a trial de novo, the career teacher may file a petition for a trial de novo.

Upon filing the petition, the court clerk shall issue a summons and cause service by mail to be made upon the State Department of Rehabilitation Services by certified mail, restricted delivery with return receipt requested, or substitute process as provided by law.

D.  If, within the ten-day period, the career teacher fails to file a petition for a trial de novo concerning the dismissal or nonreemployment, the teacher shall be deemed to have waived the right to trial de novo and the decision of the Director to dismiss or not to renew the contract shall be final.

E.  The Department shall serve its answer within twenty (20) days of the service of summons and petition upon it.  The trial de novo shall be scheduled at the earliest possible date which will permit both parties adequate time to prepare for a just trial of the issues involved; provided, however, said trial de novo shall be scheduled and held not less than ten (10) days and no later than thirty (30) days after the answer has been filed.

F.  Except as otherwise provided specifically in this section, the law generally applicable to civil suits filed in district court shall apply to the proceedings for trial de novo under this section.  At the trial de novo the standard of proof shall be by the preponderance of the evidence and the burden of proof shall be on the State Department of Rehabilitation Services to establish de novo that the career teacher's dismissal or nonreemployment is warranted.  The trial de novo shall proceed as a nonjury trial before the court.  The court shall determine de novo all issues of fact and law necessary for full adjudication of the dispute at the trial.  The court shall not, by applying principles of collateral estoppel or res adjudicata or otherwise, give preclusive effect to findings of fact of determinations of the Director with regard to the issue necessary to determine the adequacy of the dismissal or nonreemployment of the career teacher in the trial de novo.  Within three (3) days following the conclusion of the trial de novo, the judge shall prepare written findings of fact and conclusions of law and shall enter judgment directing either of the following:

1.  That the State Department of Rehabilitation Services reinstate the career teacher with full employment status and benefits; or

2.  That the decision of the State Department of Rehabilitation Services for the dismissal or nonreemployment of the career teacher be sustained.

G.  The time limits set forth in this section for the proceedings before the district court may be extended by mutual agreement of the parties with the approval of the district court.

H.  The decision of the district court shall be final and binding upon the career teacher and the State Department of Rehabilitation Services unless the teacher or the Department appeals the decision of the district court in the manner provided by law for the appeal of civil cases from the district court.

I.  This section shall not apply to the following:

1.  Superintendents;

2.  Instructional personnel serving under a temporary contract or as a substitute teacher as defined in Section 6-105 of Title 70 of the Oklahoma Statutes; and

3.  Probationary teachers.

Added by Laws 2001, c. 93, § 2, eff. July 1, 2003.


§101420.  Transfer of property, records, funds, etc.

All property, records, equipment, supplies, and funds, including trust funds and revolving funds, and other assets, owned or possessed by the Oklahoma School for the Blind or the Oklahoma School for the Deaf are hereby transferred to the Commission for Rehabilitation Services; and all contracts, leases, agreements and obligations to which the State Board of Education is a party for or on behalf of either of such institutions shall be assumed by the Commission.


Laws 1965, c. 193, § 4, eff. July 1, 1965. Renumbered from Title 56, § 323 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982; Amended by Laws 1993, c. 364, § 9, emerg. eff. June 11, 1993.


§101421.  Purchase of school busses.

Whenever the Oklahoma Public Welfare Commission shall determine that a school bus is needed for educational, training or treatment purposes at an institution under the jurisdiction of the Department of Public Welfare, it may authorize the purchase of such bus from funds available for the payment of operating expenses of the institution.

Laws 1965, c. 229, § 1, emerg. eff. June 16, 1965. Renumbered from Title 56, § 327 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982.  

§101423.  Program for care and treatment of children  Federal matching funds.

The Oklahoma Public Welfare Commission and the Department of Human Services are authorized and directed to develop such programs for the care and treatment of children to meet the requirements of federal laws and rules and regulations of the Secretary.  The Commission shall maintain such standards of money payments in the categories of Old Age Assistance, Aid to the Blind, Aid to the Permanently and Totally Disabled, and Aid to Families with Dependent Children, as will earn the maximum federal funds available to the state, within the availability of state matching funds, and shall budget such other state funds as may be necessary to earn the maximum of federal matching funds in the Child Welfare Program, Children with Special Health Care Needs Program and other federalstate programs.  Any institution under the jurisdiction of the Commission or the Department may be used by the Commission or the Department for any program administered by the Commission or the Department.

Laws 1970, c. 20, § 2, operative April 5, 1970.  Renumbered from Title 56, § 333 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982.  Amended by Laws 1988, c. 326, § 19, emerg. eff. July 13, 1988; Laws 1992, c. 249, § 3, eff. Sept. 1, 1992.


§101424.  Department as next friend of institutionalized persons  Procuring appoint of guardian.

The State Department of Public Welfare shall have the power and the Department shall have the duty to appear as next friend for all minor orphans, incompetents, dependents and delinquents who are inmates of any public institution maintained and operated by the state, county, city or municipality before the district court having probate jurisdiction, and ask that legal guardians be appointed for the estates of such minor orphans, incompetents, dependents and delinquents when it appears that such persons have an interest in some estate, legacy, or property, and shall have such power and authority in any and all litigation where interests of such persons may require to be prosecuted or defended or instituted in any and all courts in this state.

The State Department of Public Welfare, in addition to the foregoing, is hereby empowered to intervene as next friend in cases of all minor orphans in this state when it is shown or appears to the Department that the estate of such minors is being mismanaged or dishonestly administered.

R.L.1910, § 8101; Laws 191011, c. 25, p. 45, § 1; Laws 1978, c. 244, § 36, eff. July 1, 1978. Renumbered from Title 74, § 181 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982.  

§101425.  Authorization to operate facilities.

(a) (1) The Department of Public Welfare and a county (through its board of county commissioners) may enter into an agreement for the operation of a Community Mental Retardation Complex Facility, where day care services, beneficial or necessary for mentally retarded persons and their families, may be provided.

(2) If a building for the facility is constructed, the county shall be required to provide the site or the cost of the site; and not less than sixteen percent (16%) of the cost of constructing the building and of the cost of equipment for the facility.  If space for the facility is rented, the county shall be required to pay the rental, and not less than sixteen percent (16%) of the cost of equipment for the facility.

(3) The cost of operating the facility shall be paid by the Department and the county in such proportions as may be specified in the agreement.

(4) The facility shall be operated in accordance with standards, rules and regulations adopted by the Oklahoma Public Welfare Commission.

(b) A similar agreement with any other nonprofit public or private agency or organization may be entered into by the Department of Public Welfare.  Such agency or organization shall be subject to the same requirements as those hereinabove specified for a county.

Laws 1969, c. 324, § 1, emerg. eff. May 7, 1969. Renumbered from Title 43A, § 415 by Laws 1986, c. 103, § 105, eff. Nov. 1, 1986.  

§10-1430.1.  Group Homes for Persons with Developmental or Physical Disabilities Act.

Sections 1 through 40 of this act shall be known and may be cited as the "Group Homes for Persons with Developmental or Physical Disabilities Act".

Added by Laws 1987, c. 225, § 1, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 1, eff. Nov. 1, 1996; Laws 1996, c. 354, § 1, eff. Nov. 1, 1996.  Renumbered from § 1-818.1 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.2.  Definitions.

As used in the Group Homes for Persons with Developmental or Physical Disabilities Act:

1.  "Abuse" means any intentional infliction of physical pain, injury or mental anguish, or the deprivation of food, clothing, shelter or medical care by a person responsible for providing these services, as defined by the Protective Services for the Elderly and for Incapacitated Adults Act, and any sexual assault inflicted on a resident of a group home;

2.  "Access" means the right of a person to enter a group home to communicate privately and without unreasonable restriction;

3.  "Administrator" means the person designated by the provider who has authority and responsibility for the programs and operation of a group home;

4.  "Advisory Board" means the Group Homes for Persons with Developmental or Physical Disabilities Advisory Board established by Section 4 of this act;

5.  "Advocate" means an adult designated in writing by the resident to assist the resident in exercising the rights of such resident;

6.  "Applicant" means a person, corporation, partnership, association, or other entity which is being considered by the Department of Human Services for a license with the Department to provide group home services;

7.  "Commission" means the Commission for Human Services;

8.  "Contract" means the binding legal agreement to provide group home services, entered into between the provider and the Developmental Disabilities Services Division of the Department of Human Services;

9.  "DDSD" means the Developmental Disabilities Services Division of the Department of Human Services;

10.  "Department" means the Department of Human Services;

11.  "Developmental disability" means a severely chronic disability of a person, five (5) years of age or older, which:

a. is attributable to a physical or mental impairment or a combination of physical and mental impairments,

b. is manifested before the person attains the age of twenty-two (22) years,

c. is likely to continue indefinitely,

d. results in substantial functional limitations in three or more of the following areas of major life activity:

(1) self-care,

(2) receptive and expressive language,

(3) learning,

(4) mobility,

(5) self-direction,

(6) capacity for independent living, or

(7) economic self-sufficiency, and

e. reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are lifelong or of extended duration and are individually planned and coordinated;

12.  "Director" means the Director of Human Services;

13.  "Exploitation" means the unjust or improper use of the personal resources of a resident for the profit or advantage, pecuniary or otherwise, of another person, as defined by the Protective Services for the Elderly and for Incapacitated Adults Act;

14.  "Group home for persons with developmental or physical disabilities" means any establishment or institution, other than a hotel, motel, fraternity or sorority house, college or university dormitory, for not more than twelve residents who are eighteen (18) years of age or older and who have developmental or physical disabilities, which offers or provides supervision, residential accommodations, food service, and training and skill development opportunities designed to lead to increased independence of the residents and which offers or provides supportive assistance to any of its residents requiring supportive assistance.  Such residents shall not require intermediate care facility services;

15.  "Guardian" means a court-appointed representative or conservator;

16.  "Habilitation" means procedures and interventions designed to assist an individual with developmental or physical disabilities achieve greater physical, mental and social development by enhancing the well-being of the person and teaching skills which increase the possibility that such individual will make progressively independent and responsible decisions about social behavior, quality of life, job satisfaction and personal relationships;

17.  "Home" or "group home" means a group home for persons with developmental or physical disabilities;

18.  "House manager" means the person who is not the administrator of a group home but who manages the group home;

19.  "Interdisciplinary team" means a group of people, including, at a minimum, the resident and the resident's family, guardian or advocate, who develop a plan to encourage and enhance habilitation of the resident;

20.  "Licensee" means a person, corporation, partnership, or association who is the owner of a home which is licensed pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act;

21.  "Neglect" means a failure to provide protection for a resident who is unable to protect one's own interests; or the failure to provide adequate shelter or clothing; or the harming or threatening with harm through action or inaction by either another individual or through the person's own action or inaction because of such person's lack of awareness, incompetence or incapacity, which has resulted or may result in physical or mental injury, as defined by the Protective Services for the Elderly and for Incapacitated Adults Act;

22.  "Personal care" means assistance with meals, dressing, movement, bathing or other personal needs, or general supervision of the physical and mental well-being of a person, who is currently unable to maintain a private, independent residence, or who has limited abilities in the managing of his or her person, whether or not a guardian has been appointed for such person;

23.  "Physical disability" means a condition which causes the restricted use of the extremities by an individual or affects other bodily functions of an individual and which requires the specialized training, habilitation or rehabilitation services provided by a group home;

24.  "Program certification" means certification by the Department that a group home meets and is in compliance with the rules adopted by the Commission for Human Services as standards for the training, habilitation or rehabilitation of residents of a group home;

25.  "Provider" means a person, corporation, partnership, association, or other entity which operates a group home for persons with developmental or physical disabilities;

26.  "Resident" means a person residing in a group home for persons with developmental or physical disabilities due to a developmental disability;

27.  "Sexual assault" means rape, incest, lewd and indecent acts or proposals, as defined by law, by a person responsible for the resident's welfare and includes the allowing, permitting, or encouraging a resident to engage in prostitution or the lewd, obscene, or pornographic photographing, filming or depiction of a resident;

28.  "Supervision" means the provision of on-site staffing in the group home or on the premises of the group home when residents are present who require on-site staffing, as determined by an assessment by an interdisciplinary team.  Supervision includes, but is not limited to, training, assistance with housekeeping, assistance with preparation of meals, assistance with safe storage, distribution and administration of medications, and assistance with personal care as necessary for the health and comfort of such person;

29.  "Supportive assistance" means the service rendered to any person which is sufficient to enable the person to meet an adequate level of daily living; and

30.  "Transfer" means a change in location of living arrangements of a resident from one group home to another group home.

Added by Laws 1987, c. 225, § 2, eff. July 1, 1987.  Amended by Laws 1988, c. 233, § 1, operative July 1, 1988; Laws 1993, c. 159, § 14, eff. July 1, 1993; Laws 1994, c. 236, § 3, eff. Sept. 1, 1994; Laws 1996, c. 155, § 2, eff. Nov. 1, 1996; Laws 1996, c. 354, § 2, eff. Nov. 1, 1996.  Renumbered from § 1-818.2 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.3.  Department - Powers and duties.

The Department of Human Services shall have the power and duty to:

1.  Enforce any provision and prosecute any violation of the Group Homes for Persons with Developmental or Physical Disabilities Act;

2.  Issue, renew, deny, modify, suspend, and revoke licenses for group homes pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act; provided, however, providers of group home services that have a current contract with the Developmental Disabilities Services Division shall be deemed to be licensed;

3.  Establish and enforce standards and requirements for licensure and program certification of group homes which are subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act and require the submission of, and to review, reports from any person establishing or operating a group home;

4.  Enter upon any public or private property for the purpose of inspecting and investigating conditions of the residents in the group home or for the purpose of inspecting and investigating the home for compliance with the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, or the standards or requirements for licensure and program certification developed by the Department pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act;

5.  Employ or designate personnel to conduct investigations and inspections, to make reports of the condition of group homes and the residents of such homes, and to take necessary action pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act to protect and safeguard the health, safety, and welfare of residents of homes;

6.  Establish a procedure for receipt and investigation of complaints regarding a group home or concerning the condition, care, and treatment of a resident of a home, a copy of which procedure shall be distributed to all providers of group home services;

7.  Report to the district attorney having jurisdiction or the Attorney General any act committed by a provider, administrator, operator, or employee of a group home which may constitute a misdemeanor pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act;

8.  Advise, consult, and cooperate with other agencies of this state, the federal government, other states and interstate agencies, and with affected groups and political subdivisions to further the purposes of the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act;

9.  Develop and enforce rules subject to the approval of the Commission for Human Services to implement the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act.  Such rules shall include, but not be limited to, physical conditions which shall protect the health, safety, and welfare of the residents in a group home as outlined in the Group Homes for Persons with Developmental or Physical Disabilities Act;

10.  Investigate, request or otherwise obtain the information necessary to determine the qualifications and background of an applicant for licensure;

11.  Establish civil penalties for violations of the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act as authorized by the Commission pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act;

12.  Institute and maintain or intervene in any action or proceeding where deemed necessary by the Department to protect the health, safety, and welfare of any resident of a group home;

13.  Transfer or discharge a resident or otherwise protect the health, safety, and welfare of any resident of a group home; and

14.  Exercise all incidental powers as necessary and proper for the administration of the Group Homes for Persons with Developmental or Physical Disabilities Act.

Added by Laws 1987, c. 225, § 3, eff. July 1, 1987.  Amended by Laws 1994, c. 236, § 4, eff. Sept. 1, 1994; Laws 1996, c. 155, § 3, eff. Nov. 1, 1996; Laws 1996, c. 354, § 3, eff. Nov. 1, 1996.  Renumbered from § 1-818.3 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.4.  Group Homes for Persons with Developmental or Physical Disabilities Advisory Board.

A.  There is hereby re-created to continue until July 1, 2009, in accordance with the provisions of the Oklahoma Sunset Law, the Group Homes for Persons with Developmental or Physical Disabilities Advisory Board.

1.  The Advisory Board shall be composed of nine (9) members as follows:

a. eight members, appointed by the Director of Human Services, one of whom shall be a representative of the Oklahoma Community Based Providers Association, one a representative of United Cerebral Palsy of Oklahoma, one a representative of the State Council on Developmental Disabilities who is not a state employee, two who shall be group home directors having a minimum of two (2) years of experience as a group home director, and three who shall be consumers or consumer advocates, one of whom is the parent of a person having a developmental disability.  These appointed members shall each serve a three-year term and may be reappointed, and

b. one member shall be the State Fire Marshal, or a designee who shall serve at the pleasure of the State Fire Marshal.

2.  The Advisory Board shall annually elect a chair, a vice-chair and a secretary and shall meet at least quarterly and at such other times as may be necessary.  All meetings of the Advisory Board shall be subject to the provisions of the Oklahoma Open Meeting Act.  Members of the Advisory Board shall not receive compensation for their services but shall be reimbursed pursuant to the provisions of the State Travel Reimbursement Act.

3.  The Department of Human Services shall appoint an employee to serve as a resource person and provide assistance to the Advisory Board.

B.  The Advisory Board shall have the power and duty to:

1.  Serve as an advisory body to the Department for the development and improvement of services to and care and treatment of residents of group homes subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act;

2.  Review, make recommendations regarding, and approve in its advisory capacity the system of standards developed by the Department;

3.  Evaluate and review the standards, practices, and procedures of the Department regarding the administration and enforcement of the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act and the quality of services and care and treatment provided to residents of group homes, and may make recommendations to the Department as necessary and appropriate; and

4.  Serve as an advisory body to the Department regarding the implementation of any nationally recognized accreditation standards, as they apply to community-based facilities and services adopted by the Commission for Human Services as standards for the provision of services to persons with developmental or physical disabilities who receive services through the Department of Human Services.

C.  The Department shall, with regard to the meetings and duties of the Advisory Board which pertain to the Department, provide clerical staff support to assist the Advisory Board and space for meetings.

  Added by Laws 1987, c. 225, § 4, eff. July 1, 1987.  Amended by Laws 1992, c. 161, § 1, emerg. eff. May 5, 1992; Laws 1994, c. 236, § 5, eff. Sept. 1, 1994; Laws 1996, c. 155, § 4, eff. Nov. 1, 1996; Laws 1996, c. 354, § 4, eff. Nov. 1, 1996.  Renumbered from § 1-818.4 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.  Amended by Laws 2000, c. 33, § 1; Laws 2003, c. 9, § 1.


§10-1430.5.  Assistance of Bureau of Investigation.

It shall be the duty of the Director of the Oklahoma State Bureau of Investigation to assist the Director of Human Services in carrying out the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, insofar as the functions of the respective offices and departments are concerned with the health, welfare and safety of any person or persons cared for in group homes for persons with developmental or physical disabilities.

Added by Laws 1987, c. 225, § 5, eff. July 1, 1987.  Amended by Laws 1994, c. 236, § 6, eff. Sept. 1, 1994; Laws 1996, c. 155, § 5, eff. Nov. 1, 1996; Laws 1996, c. 354, § 5, eff. Nov. 1, 1996.  Renumbered from § 1-818.5 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.6.  Standing to bring action - Jurisdiction.

A.  Enforcement of any action for an injunction or recovery of any administrative or civil penalty assessed pursuant to the Group Homes for Persons with Developmental or Physical Disabilities Act may be brought by:

1.  The district attorney of the appropriate district court of the State of Oklahoma;

2.  The Attorney General on behalf of the State of Oklahoma in the appropriate district court of the State of Oklahoma; or

3.  The Department on behalf of the State of Oklahoma in the appropriate district court of the State of Oklahoma; or as otherwise authorized by law.

B.  The Department may bring an action in a court of competent jurisdiction for equitable relief to redress or restrain a violation by any person of a provision of the Group Homes for Persons with Developmental or Physical Disabilities Act or any rule or order issued pursuant thereto.  Said court has jurisdiction to determine said action, and to grant the necessary or appropriate relief, including, but not limited to, mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages.

Added by Laws 1987, c. 225, § 6, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 6, eff. Nov. 1, 1996; Laws 1996, c. 354, § 6, eff. Nov. 1, 1996.  Renumbered from § 1-818.6 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.7.  Group home as nuisance - Actions - Request for investigation - Complaint.

A.  The operation or maintenance of a group home in violation of the Group Homes for Persons with Developmental or Physical Disabilities Act, or of the rules promulgated by the Commission for Human Services, is declared a public nuisance inimical to the public welfare.  The Director of Human Services, in the name of the people of the state, or through the Attorney General or the district attorney of the county in which the group home is located may, in addition to other remedies herein provided, bring action for an injunction to restrain such violation or to enjoin the future operation or maintenance of any such group home.

B.  1.  Any person with personal knowledge or substantial specific information who believes that the Group Homes for Persons with Developmental or Physical Disabilities Act, a rule promulgated pursuant thereto, or a federal certification rule applying to a group home may have been violated, may request an investigation.  The request may be submitted to the Department of Human Services in writing, by telephone, or personally.  An oral complaint shall be reduced to writing by the Department.  Provided that any person who willfully or recklessly makes a false complaint without a reasonable basis in fact for such a complaint under the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act shall be liable in a civil suit for any actual damages, including attorneys' fees and costs, suffered by a group home so requested to be investigated, and for any punitive damages set by the court or jury which may be allowed in the discretion of the court or jury when deemed proper by the court or jury.

2.  The substance of the complaint shall be provided to the provider no earlier than at the commencement of the on-site inspection of the group home which takes place pursuant to the complaint.

3.  The Commission shall promulgate rules to protect the identity of the complainant, provided that such complainant is presently a resident or resident's representative or such complainant is presently an employee of the group home.

4.  Upon receipt of a complaint, the Department shall determine whether the Group Homes for Persons with Developmental or Physical Disabilities Act, a rule promulgated pursuant thereto, or a federal certification rule for facilities has been or is being violated.  A determination about a complaint which alleges a violation shall be made in writing, within thirty (30) days after receipt of the complaint.  The determination shall state the reasons therefor.

5.  In all cases, the Department shall inform the group home and the complainant, unless otherwise indicated by the complainant, of its findings within ten (10) days of its determination.  The complainant may direct the Department to send a copy of such findings to one other person.  The notice of such findings shall include a copy of the written determination, the correction order, if any, the warning notice, if any, and the state licensure of federal certification for, or both, on which the violation is listed.

6.  A written determination, correction order or warning notice concerning a complaint shall be available for public inspection.

7.  The Department shall issue a written determination signed by the Director which shall serve as a final appealable order subject to trial de novo in the appropriate district court.

8.  The Commission shall establish any additional rules necessary for the investigation and hearing of complaints as provided herein, and is authorized to employ hearing officers.

Added by Laws 1987, c. 225, § 7, eff. July 1, 1987.  Amended by Laws 1994, c. 236, § 7, eff. Sept. 1, 1994; Laws 1996, c. 155, § 7, eff. Nov. 1, 1996; Laws 1996, c. 354, § 7, eff. Nov. 1, 1996.  Renumbered from § 1-818.7 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.8.  Liability for injury to resident - Actions - Remedies - Waivers - Jury trial - Retaliation - Privileges and immunities - Report of abuse, neglect or exploitation.

A.  The provider is liable to a resident for any intentional or negligent act or omission of their agents or employees which injures the resident.  Also, any state employee that aids, abets, assists, or conspires with a provider to perform an act that causes injury to a resident shall be individually liable.

B.  A resident may maintain an action under this act for any other type of relief, including injunctive and declaratory relief, permitted by law.

C.  Any damages recoverable under this section, including minimum damages as provided by this section, may be recovered in any action which a court may authorize to be brought as a class action.  The remedies provided in this section, are in addition to and cumulative with any other legal remedies available to a resident.  Exhaustion of any available administrative remedies shall not be required prior to commencement of suit hereunder.

D.  Any waiver by a resident or the resident's guardian or advocate of the right to commence an action under this section, whether oral or in writing, shall be null and void, and without legal force or effect.

E.  Any party to an action brought under this section shall be entitled to a trial by jury and any waiver of the right to a trial by a jury, whether oral or in writing, prior to the commencement of an action, shall be null and void, and without legal force or effect.

F.  A provider or its agents or employees shall not transfer, discharge, evict, harass, dismiss or retaliate against a resident, a resident's guardian or advocate, or an employee or agent who makes a report, brings, or testifies in, an action under this section, or files a complaint because of a report, testimony or complaint.

G.  Any person, institution or agency, under this act, participating in good faith in the making of a report, or in the investigation of such a report shall not be deemed to have violated any privileged communication and shall have immunity from any liability, civil or criminal, or any other proceedings, civil or criminal, as a consequence of making such report.  The good faith of any persons required or permitted to report cases of suspected resident abuse, neglect or exploitation pursuant to the Group Homes for Persons with Developmental or Physical Disabilities Act shall be a rebuttable presumption.

H.  An employee or agent of a provider who becomes aware of abuse, neglect or exploitation of a resident as prohibited by the Group Homes for Persons with Developmental or Physical Disabilities Act shall immediately report the matter to the group home administrator.  A group home administrator who becomes aware of abuse, neglect or exploitation of a resident shall take immediate action to ensure the health and safety of the resident, and shall make a report of the incident and any action taken to the Department.

Added by Laws 1987, c. 225, § 8, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 8, eff. Nov. 1, 1996; Laws 1996, c. 354, § 8, eff. Nov. 1, 1996.  Renumbered from § 1-818.8 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.9.  Penalties and liabilities for certain violations.

Any person who violates any of the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, or any order or determination of the Department promulgated pursuant thereto, or who fails to perform any duty imposed upon such person by the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, shall be subject to any of the following penalties and liabilities as authorized by the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act:

1.  License revocation, suspension, or nonrenewal;

2.  Conditional license;

3.  Transfer of residents;

4.  Receivership;

5.  Injunctive proceedings, including prohibiting the admission of new residents to the group home;

6.  Civil fines; and

7.  Criminal penalties.

Added by Laws 1987, c. 225, § 9, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 9, eff. Nov. 1, 1996; Laws 1996, c. 354, § 9, eff. Nov. 1, 1996.  Renumbered from § 1-818.9 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.10.  Denial, refusal to renew, suspension or revocation of license.

After notice and hearing pursuant to the provisions of Section 28 of this act, the Department of Human Services may:

1.  Deny or refuse to renew, suspend, or revoke a license to an applicant who is not in compliance with the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act;

2.  Deny, refuse to renew, suspend, or revoke a license to an applicant or licensee:

a. who has a history of noncompliance or incomplete or partial compliance with the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, or with the standards or rules promulgated by the Commission for Human Services pursuant thereto, or

b. based on other satisfactory evidence which demonstrates that the applicant or licensee is unlikely to manage or operate a group home or to provide care or treatment to the residents of a group home in a manner which warrants public trust;

3.  Deny, refuse to renew, suspend, or revoke a license to an applicant or licensee who has insufficient financial or other resources to the extent that the applicant or licensee is incapable of assuring or providing adequate care or treatment to the residents of the group home;

4.  Deny, refuse to renew, suspend, or revoke a license to an applicant or licensee who has been convicted of a misdemeanor or felony in connection with the management or operation of a group home as defined in Section 1-1902 of this title or the care or treatment of a resident of a group home as defined in Section 1-1902 of this title.  If the applicant or licensee is a corporation, the provisions of this paragraph shall apply to the principal corporate officers and the principal members and the executive committee of the board of directors of the corporation;

5.  Deny, refuse to renew, suspend, or revoke a license if an administrator or house manager of a group home has been convicted of a misdemeanor or felony in connection with the management or operation of a group home as defined in Section 1-1902 of this title or care or treatment of a resident of a group home as defined in Section 1-1902 of this title;

6.  Deny, refuse to renew, suspend, or revoke a license to an applicant or licensee who has permitted, aided, or abetted the commission of any illegal act in connection with the management or operation of a group home or the care or treatment of a resident of a group home;

7.  Refuse to renew a license if at the time application is made for the renewal of the license, the licensee is subject to a plan of correction.  The license may be renewed at such time the required corrections are completed in the manner and time specified in the plan of corrections; or

8.  Revoke a license if the licensee has failed to correct conditions as required in a plan of correction pursuant to the provisions of Section 30 of this act.

Added by Laws 1987, c. 225, § 10, eff. July 1, 1987.  Amended by Laws 1994, c. 236, § 8, eff. Sept. 1, 1994; Laws 1996, c. 155, § 10, eff. Nov. 1, 1996; Laws 1996, c. 354, § 10, eff. Nov. 1, 1996.  Renumbered from § 1-818.10 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.11.  Standards for group homes.

A.  The Department of Human Services shall develop and annually review rules establishing minimum standards for group homes.  These standards shall be promulgated by the Commission for Human Services and submitted to the Legislature no later than January of each year.  These standards shall regulate:

1.  Location and construction of the home, including plumbing, heating, lighting, ventilation, and other physical conditions which shall ensure the health, safety, and comfort of residents and protection from fire hazards;

2.  All sanitary conditions within the group home and its surroundings, including water supply, sewage disposal, food handling, and general hygiene, which shall ensure the health and comfort of residents;

3.  Diet related to the needs of each resident based on sound nutritional practice and on recommendations which may be made by the physicians attending the resident; and

4.  Equipment essential to the health and welfare of the residents.

B.  The Department may, as necessary and appropriate, establish a system of classification for group homes based upon the level of care or treatment, training, habilitation or rehabilitation services required by residents of the group home, and establish minimum program certification standards for each classification.

C.  The Commission shall promulgate rules establishing minimum standards for certification of the programs and services of a group home provided to or obtained on behalf of the residents for the specialized care, treatment, training, habilitation or rehabilitation of the residents.  The certification standards shall provide for:

1.  Number and qualifications of all personnel, including management and supervisory, direct care, specialized professional or para-professional and other personnel, having responsibility for any part of the care given to residents.  The Department shall establish staffing requirements for homes which shall specify the supervision, continued education and training requirements that are needed for care of the residents of the various types of group homes or areas within group homes;

2.  An individualized written plan for the training, habilitation or rehabilitation for each resident of the group home specifying the training, habilitation or rehabilitation objectives and activities for the resident.  The plan shall be prepared by an interdisciplinary team of professional, para-professional and direct care personnel of the group home and with the participation of the resident and the resident's guardian or advocate, if any;

3.  Training for the safe administration of medication to a resident;

4.  Accountability for the management and safekeeping of any resident's funds which the group home manages; and

5.  Conditions and procedures for the involuntary transfer or discharge of a resident from a group home.

D.  1.  The certification standards for programs and services shall be developed jointly by the Department and the Advisory Board for presentation to the Commission for Human Services for its approval.  The standards shall be reviewed at least annually for any necessary modifications by the Department and the Group Homes for Persons with Developmental or Physical Disabilities Advisory Board, and any necessary modifications shall be presented to the Commission for its approval.

2.  Any provider of group home services that has a current contract with the Developmental Disabilities Services Division of the Department of Human Services shall be deemed to be licensed.

Added by Laws 1987, c. 225, § 11, eff. July 1, 1987.  Amended by Laws 1994, c. 236, § 9, eff. Sept. 1, 1994; Laws 1996, c. 155, § 11, eff. Nov. 1, 1996; Laws 1996, c. 354, § 11, eff. Nov. 1, 1996.  Renumbered from § 1-818.11 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.12.  Fire safety inspections - Fire safety standards.

The State Fire Marshal or a designee shall conduct fire safety inspections on a regular basis at group homes subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act and report findings of such inspections to the Department of Human Services.  In addition, the State Fire Marshal shall develop, adopt, and promulgate rules or specifications consistent with nationally recognized standards or practices necessary for the safeguarding of life and property of residents of group homes from the hazards of fire and smoke.

Added by Laws 1987, c. 225, § 12, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 12, eff. Nov. 1, 1996; Laws 1996, c. 354, § 12, eff. Nov. 1, 1996.  Renumbered from § 1-818.12 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.13.  Information subject to disclosure to public.

The following information is subject to disclosure to the public from the Department of Human Services:

1.  Information submitted under Section 14 of this act, except information concerning the remuneration of personnel licensed, registered or certified by the Department, and monthly charges for an individual private resident; and

2.  Records of license, certification and program certification inspections, surveys and evaluations of group homes, other reports of inspections, surveys and evaluations of resident care, and reports concerning a group home prepared pursuant to Titles XVIII and XIX of the Social Security Act, 42 U.S.C., Section 1301 et seq., subject to the provisions of the Social Security Act; and

3.  Complaints filed against a group home and complaint investigation reports, except that a complaint or complaint investigation report shall not be disclosed to a person other than the complainant or complainant's representative before it is disclosed to a group home as provided in Section 7 of this act and, further, except that a complainant or resident's name shall not be disclosed except as provided in Section 7 of this act.

Added by Laws 1987, c. 225, § 13, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 13, eff. Nov. 1, 1996; Laws 1996, c. 354, § 13, eff. Nov. 1, 1996.  Renumbered from § 1-818.13 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.14.  Provisions of license - Application - Statement of zoning compliance - Qualifications of applicant or licensee - Statement of ownership - License modification - Issuance and renewal of licenses.

A.  Except as provided for in Section 16 of this act, a license shall expire twelve (12) months from the date of issuance, unless sooner revoked, and may be renewed annually by the Department of Human Services pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act.  All licenses shall be on a form prescribed by the Director of Human Services, and shall include, but not be limited to, the maximum bed capacity for which the license is granted, the kind of program the licensee is certified to operate, the date the license was issued, and the expiration date of the license.  The provisions of the license shall require that the license shall:

1.  Not be transferable or assignable except as authorized by the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act;

2.  Be available on the licensed premises; and

3.  Be issued only for the premises named in the application, and may be renewed for twelve-month periods upon application and inspection, pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act.

B.  An application shall be under oath and shall contain the following information:

1.  The name and address of the applicant or licensee.  If the applicant or licensee is a firm or partnership, the name and address of each member thereof shall be included in the application.  If the applicant or licensee is a corporation, the name and address of the corporation and the name and address of each officer and registered agent of the corporation shall be included in the application;

2.  The name and address of the applicant or licensee if the applicant or licensee is not the provider and is acting as agent for the provider of group home services;

3.  The name and location of the group home for which a license is sought;

4.  The name of the administrator of the home;

5.  The number and type of residents for whom services are to be provided;

6.  A description of the program and the staffing pattern for providing resident care.  In the case of an application for an initial license, such description may be shown as the projected program and staffing pattern; and

7.  Information or records required by the Department pursuant to the rules adopted by the Commission for Human Services for program certification.

C.  Each initial application shall be accompanied by a statement from the unit of local government having zoning jurisdiction over the location of the group home stating that the location is not in violation of a zoning ordinance.

D.  1.  An applicant or licensee shall be twenty-one (21) years of age or older and of reputable and responsible character.  In addition, the applicant or licensee shall have appropriate business or professional experience.

2.  No person who has been convicted of a felony in connection with the management or operation of a group home as defined in Section 1-1902 of this title, or in the care and treatment of the residents of a group home pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, as defined in Section 1-1902 of this title, shall be eligible to be licensed.  If the applicant or licensee is a firm, partnership, or corporation, the applicant shall not be eligible to be licensed if any member of the firm or partnership or any officer or major stockholder of the corporation has been convicted of a felony in connection with the operation or management of a group home pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act or the care and treatment of the residents of a group home as defined in Section 1-1902 of this title.

E.  1.  The application for a license or renewal of a license shall be accompanied by a statement of ownership which shall include the following:

a. the name, address, telephone number, occupation or business activity, business address, and business telephone number of the owner of the group home and of every person who owns the building in which the group home is located.  If the owner is a partnership or corporation, the name and address of each partner and stockholder with an ownership interest of five percent (5%) or more shall be included in the statement, and

b. the name and address of any other group home in which the owner has a full or partial financial interest or, if the applicant or licensee is a partnership or corporation, any other group home as defined in Section 1-1902 of this title in which the partnership or corporation has a full or partial financial interest.  The statement shall indicate whether or not any other group home wherein a full or partial financial interest is held would, if located in this state, be required to be licensed.

2.  The applicant or licensee shall agree in writing, prior to the issuance of a license, to notify the Department if there is any change in the information required to be included in the statement of ownership within six (6) months of such change.  The information contained in the statement of ownership shall be public information and shall be available upon request from the Department.

F.  Upon application of a licensee, a license may be modified in accordance with the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act.

G.  The Director shall issue and renew licenses for group homes which comply with the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act and the standards and rules promulgated by the Commission pursuant thereto.

Added by Laws 1987, c. 225, § 14, eff. July 1, 1987.  Amended by Laws 1994, c. 236, § 10, eff. Sept. 1, 1994; Laws 1996, c. 155, § 14, eff. Nov. 1, 1996; Laws 1996, c. 354, § 14, eff. Nov. 1, 1996.  Renumbered from § 1-818.14 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.15.  Nontransferability of license - Transfer of ownership of group home.

A.  A license to operate a group home subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act is not transferrable.  Whenever operation of a group home is transferred from the provider named in the application to another provider who does not have a current group home license for the home, the transferee must obtain a probationary license as provided in Section 16 of this act.

B.  The transferee shall notify the Department of Human Services of the transfer and apply for a license no less than thirty (30) days prior to final transfer.

The transferor shall remain responsible for the operation of the group home until such time as a probationary license is issued to the transferee.  The transferor shall remain liable for all penalties assessed which are imposed for violations occurring prior to transfer of operation.

Added by Laws 1987, c. 225, § 15, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 15, eff. Nov. 1, 1996; Laws 1996, c. 354, § 15, eff. Nov. 1, 1996.  Renumbered from § 1-818.15 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.16.  Probationary license.

If the applicant has not been previously licensed or if the group home is not in operation at the time application is made, the Department of Human Services shall issue a probationary license.  A probationary license shall be valid for one hundred twenty (120) days unless sooner suspended or revoked pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act.

1.  Prior to the issuance of a probationary license, the Department shall:

a. ascertain whether or not the applicant is qualified to be licensed pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, and

b. inspect the group home and inform the applicant of any conditions which require correction prior to the issuance of a license.  If the group home is a new home the Department shall also inform the applicant of any condition which requires correction prior to the acceptance of residents into the home.  If the home is an existing group home whose ownership is being transferred, the probationary license issued to the transferee, in addition to any corrections required as a result of the inspection, shall be subject to any plan of correction submitted by the previous provider and approved by the Department.

2.  Within thirty (30) days prior to the termination of a probationary license, the Department shall completely inspect the group home and, if the home meets the applicable requirements for licensure and program certification, shall issue a license pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act.  If the home is not in substantial compliance with the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, the license shall be denied and the Department shall take such action as necessary and as authorized pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act for the protection of the health, safety, and welfare of the residents of the group home.

Added by Laws 1987, c. 225, § 16, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 16, eff. Nov. 1, 1996; Laws 1996, c. 354, § 16, eff. Nov. 1, 1996.  Renumbered from § 1-818.16 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.17.  Conditional license.

A.  The Department of Human Services may issue a conditional license to any group home if the Department finds that a violation exists in such group home.  The issuance of a conditional license shall revoke any license held by the group home issued pursuant to the Group Homes for Persons with Developmental or Physical Disabilities Act.

B.  Prior to the issuance of a conditional license, the Department shall review and approve a written plan of correction.  The Department shall specify the violations which prevent issuance of a regular license and shall establish a time schedule for correction of the deficiencies.  Retention of the license shall be conditional on meeting the requirements of the plan of correction.  In the alternative or in addition to a conditional license, the Director of Human Services may withhold vendor payments due to a group home under its programs until such time as the corrections are made or a plan of correction for all deficiencies is approved by the Department.

C.  Written notice of the decision to issue a conditional license shall be sent to the group home together with the proposed plan of correction.  The notice shall inform the group home of its right to an informal conference prior to issuance of the conditional license and its right to a full hearing.

D.  If the group home desires to have an informal conference it shall, within four (4) working days of receipt of notice, send a written request for an informal conference to the Department.  The Department shall, within four (4) working days from the receipt of the request, hold an informal conference.  Following the conference, the Department may affirm or overrule its previous decision, or modify the terms of the conditional license and plan of correction. The conditional license may be issued after the informal conference or after the time for requesting an informal conference has expired, prior to any further hearing.

E.  If after the informal conference the group home desires to contest the basis for issuance of a conditional license, or the terms of the license or plan of correction, the facility shall send a written request for hearing to the Department within ten (10) days after issuance of the conditional license and the Department shall then hold the hearing.

F.  A conditional license shall be issued for a period specified by the Department, but in no event for more than one (1) year.  The Department shall periodically, but not less than semiannually, inspect any group home operating under a conditional license.  If the Department finds substantial failure by the group home to follow the plan of correction, the conditional license may be revoked.

G.  If the Department determines that a conditional license shall expire without renewal or replacement of the conditional license by a regular license, the Department shall so notify the provider at least thirty (30) days prior to expiration of the license.  The licensee is entitled to a hearing if requested prior to expiration of the conditional license.  The provider is entitled to a hearing if requested prior to expiration of the conditional license.

Added by Laws 1987, c. 225, § 17, eff. July 1, 1987.  Amended by Laws 1994, c. 236, § 11, eff. Sept. 1, 1994; Laws 1996, c. 155, § 17, eff. Nov. 1, 1996; Laws 1996, c. 354, § 17, eff. Nov. 1, 1996.  Renumbered from § 1-818.17 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.18.  Display of certain documents required.

Every provider shall make available to residents, employees and visitors the following:

1.  Its current license;

2.  Residents' rights as listed in Section 1-818.20 of the Group Homes for Persons with Developmental or Physical Disabilities Act;

3.  A description, provided by the Department of Human Services, of complaint procedures established under the Group Homes for Persons with Developmental or Physical Disabilities Act and the name, address and telephone number of a person authorized by the Department to receive complaints.  A copy of the complaint procedure shall also be given to each resident and the resident's guardian or advocate, if any;

4.  A copy of any order pertaining to the group home issued by the Department or a court which is currently in effect; and

5.  A list of the material available for public inspection under Section 19 of this act.

Added by Laws 1987, c. 225, § 18, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 18, eff. Nov. 1, 1996; Laws 1996, c. 354, § 18, eff. Nov. 1, 1996.  Renumbered from § 1-818.18 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.19.  Documents and records to be available for public inspection.

A group home subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act shall retain the following for public inspection:

1.  A complete copy of every inspection report of the group home received from the Department of Human Services during the past three (3) years;

2.  A copy of every order pertaining to the group home issued by the Department or a court during the past three (3) years;

3.  A description of the services provided by the group home, the rates charged for those services and items for which a resident may be separately charged;

4.  A copy of the statement of ownership;

5.  A record of personnel who are licensed, certified or registered and employed or retained by the group home who are responsible for resident care;

6.  A complete copy of the most recent inspection report of the group home received from the Department; and

7.  A complete copy of any current license or agreement between the group home and the Department for the care, treatment, training, habilitation or rehabilitation of residents of the group home.

Added by Laws 1987, c. 225, § 19, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 19, eff. Nov. 1, 1996; Laws 1996, c. 354, § 19, eff. Nov. 1, 1996.  Renumbered from § 1-818.19 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.20.  Statement of rights and responsibilities - Denial of appropriate care based on resident's source of payment - Staff training - Penalties - Report of violations - Death of resident.

A.  All principles enunciated in this section shall be available in each group home subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, and each resident and resident's guardian or advocate, if any, shall be provided a copy of these principles prior to or upon admission.  The provider shall ensure that its staff is familiar with and observes the rights and responsibilities enumerated in this section.

B.  A statement of rights and responsibilities shall include, but not be limited to, the following:

1.  Every resident's civil and religious liberties, including the right to independent personal decisions and knowledge of available choices, shall not be infringed and the provider shall encourage and assist in the exercise of these rights;

2.  Every resident shall have the right to have private communications and consultations with the physician, attorney or any other person of the resident's choice, and may send and promptly receive, unopened, the resident's personal mail;

3.  Every resident shall have the right, without fear of reprisal, to present grievances on behalf of the resident or others to the provider's staff or administrator, to governmental officials or to any other person, and to join with other residents or individuals within or outside of the facility to work for improvements in resident care;

4.  Every resident shall have the right to manage his or her own financial affairs, unless the resident delegates the responsibility, in writing, to the provider.  The resident shall have at least a quarterly accounting of any personal financial transactions undertaken in the resident's behalf by the provider during any period of time the resident has delegated such responsibilities to the provider;

5.  Every resident shall have the right to receive adequate and appropriate medical care consistent with established and recognized medical practice standards within the community.  Every resident shall be fully informed by the resident's attending physician of the resident's own medical condition and proposed treatment in terms and language that the resident can understand, and shall have the right to refuse medication and treatment after being fully informed of and understanding the consequences of such actions;

6.  Every resident shall receive respect and privacy in the resident's medical care program.  Case discussion, consultation, examination and treatment shall remain confidential and shall be conducted discreetly.  Personal and medical records shall be confidential;

7.  Every resident shall have the right to retain and use his or her personal clothing and possessions, unless prohibited by law, and shall have the right to security in the storage and use of such clothing and possessions;

8.  Every resident shall have the right to be treated courteously and respectfully and shall be furnished by the provider with a written statement of the services and related charges;

9.  Every resident shall be free from mental and physical abuse, and free from physical and chemical restraints, except those physical and chemical restraints which are:

a. authorized in writing by a physician, in accordance with rules promulgated by the Department, for a specified period of time, or

b. necessitated by an emergency where the restraint may only be applied by a physician or a qualified licensed nurse or other personnel under the supervision of such physician, who shall set forth in writing the circumstances requiring the use of such restraints;

10.  Every resident shall receive a statement of the provider's guidelines and an explanation of the resident's responsibility to comply with all reasonable regulations of the group home and to respect the personal rights and private property of the other residents;

11.  Every resident shall receive a statement that should they be adjudicated incompetent, the above rights and responsibilities shall be exercised by a court-appointed guardian;

12.  No resident shall be required to perform services for a provider, except for normal, shared household tasks;

13.  Every resident shall have privacy for conjugal visits.  A resident may share a room with a spouse, if the spouse is residing in the same group home; and

14.  A provider shall immediately notify the resident's next of kin, or guardian or advocate, of the resident's death or when the resident's death appears to be imminent, unless the resident has left instructions to the contrary.

C.  No provider shall deny appropriate care on the basis of the resident's source of payment as defined in the rules.

D.  Each provider shall prepare a written plan and provide appropriate staff training to implement each resident's rights as stated in this section.

E.  Any person convicted of violating any provision of this section shall be guilty of a misdemeanor, punishable by a fine of not less than One Hundred Dollars ($100.00) nor more than Three Hundred Dollars ($300.00), or imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment.

F.  In addition to the penalties provided in this section, an action may be brought against an individual by any resident who is injured by any violation of this section, or who shall suffer injury from any person whose threats would cause a violation of this section if carried through, may maintain an action to prevent, restrain or enjoin a violation or threatened violation.  If a violation or threatened violation of this section shall be established in any action, the court shall enjoin and restrain or otherwise prohibit the violation or threatened violation and assess in favor of the plaintiff and against the defendant the cost of the suit, and the reasonable attorney fees incurred by the plaintiff.  If damages are alleged and proved in the action, the plaintiff shall be entitled to recover from the defendant the actual damages sustained by the plaintiff.  If it is proved in an action that the defendant's conduct was willful or in reckless disregard of the rights provided by this section, punitive damages may be assessed.

G.  Any employee of the Department of Human Services who inspects any group home shall report any flagrant violations of this act or any other statute to the Director of Human Services, or a designee, who shall immediately take whatever steps are necessary to correct the situation including, when appropriate, reporting the violation to the district attorney of the county in which the violation occurred.

H.  Upon the death of a resident who has no sources of payment for funeral services, the provider shall immediately notify appropriate county officials who shall be responsible for funeral and burial procedures of the deceased in the same manner as with any indigent resident of the county.

Added by Laws 1987, c. 225, § 20, eff. July 1, 1987.  Amended by Laws 1994, c. 236, § 12, eff. Sept. 1, 1994; Laws 1996, c. 155, § 20, eff. Nov. 1, 1996; Laws 1996, c. 354, § 20, eff. Nov. 1, 1996.  Renumbered from § 1-818.20 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.21.  Residents' advisory council.

A.  Each group home subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act shall establish a residents' advisory council.  The administrator shall designate a member of the group home staff to coordinate the establishment of, and render assistance to the council.

B.  The composition of the residents' advisory council shall be specified by rules promulgated by the Department of Human Services, but no employee of the Department or employee or affiliate of a group home shall be a member of any such council.

C.  The residents' advisory council shall meet at least once each month with the staff coordinator who shall provide assistance to the council in preparing and disseminating a report of each meeting as specified by rule to all residents, the administrator, and the staff.

D.  Records of the residents' advisory council meetings shall be maintained in the office of the administrator.

E.  The residents' advisory council shall communicate to the administrator the opinions and concerns of the residents.  The council shall review procedures for implementing residents' rights, group home responsibilities and make recommendations for changes or additions which will strengthen the group home's policies and procedures as they affect residents' rights and group home responsibilities.

F.  The residents' advisory council shall be a forum for:

1.  Obtaining and disseminating information;

2.  Soliciting and adopting recommendations for group home programming and improvements; and

3.  Early identification and recommendation of orderly resolution of problems.

G.  The residents' advisory council may present complaints as provided in Section 7 of this act on behalf of a resident to the Department.

Added by Laws 1987, c. 225, § 21, eff. July 1, 1987.  Amended by Laws 1994, c. 236, § 13, eff. Sept. 1, 1994; Laws 1996, c. 155, § 21, eff. Nov. 1, 1996; Laws 1996, c. 354, § 21, eff. Nov. 1, 1996.  Renumbered from § 1-818.21 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.22.  Resident's contract.

A.  A written contract shall be executed between a person, the resident's guardian or advocate, if any, and a group home or its agent within one hundred twenty (120) days from the time a person is admitted to a group home subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, and annually thereafter, or at the expiration of the period of previous contract, or when the source of payment for the resident's care changes.

B.  The contract shall be executed between the provider and the resident and the resident's guardian or advocate, if any.

C.  A copy of the contract shall be given to the resident and to the resident's guardian or advocate, if any, at the time of the resident's admission to the group home.

D.  A copy of the contract for a resident who is supported by nonpublic funds other than the resident's own funds shall be made available to the person providing the funds for the resident's support.

E.  The contract shall be written in clear and unambiguous language and shall be printed in type no smaller than standard typewriter pica or elite type.

F.  The contract shall specify:

1.  The term of the contract;

2.  The services to be provided under the contract and the charges for the services;

3.  The services that may be provided to supplement the contract and the charges for the services;

4.  The sources liable for payments due under the contract;

5.  The amount of deposit paid; and

6.  The rights, duties and obligations of the resident, except that the specification of a resident's rights may be furnished on a separate document which complies with the requirements of Section 20 of this act.

G.  The contract shall state the name of the resident's guardian or advocate, if any.

H.  The contract shall provide that if the resident dies or is compelled by a change in physical or mental health to leave the group home, the contract and all obligations under it shall terminate immediately.  All charges shall be prorated as of the date on which the contract terminates, and, if any payments have been made in advance, the excess shall be refunded to the resident or the resident's guardian or advocate, if any.

Added by Laws 1987, c. 225, § 22, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 22, eff. Nov. 1, 1996; Laws 1996, c. 354, § 22, eff. Nov. 1, 1996.  Renumbered from § 1-818.22 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.23.  Protection of resident's funds.

To protect the funds of a resident of a facility subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, the group home:

1.  May assist the resident in reserving a portion of the resident's monthly income for the resident's personal use;

2.  Shall at the time of admission, and annually thereafter, provide each resident and the resident's guardian or advocate, if any, with a written statement explaining the resident's rights regarding personal funds and listing the services for which the resident will be charged, and obtain a signed acknowledgment from each resident and the resident's guardian or advocate, if any, that the resident has received the statement;

3.  May assist the resident in safekeeping and managing the resident's funds, if the group home receives written authorization from the resident and the resident's guardian or advocate, if any;

4.  Shall maintain and allow each resident and the resident's guardian or advocate, if any, access to a written record of all financial arrangements and transactions involving the individual resident's funds;

5.  Shall provide each resident and the resident's guardian or advocate, if any, with a written itemized statement on request, of all financial transactions involving the resident's funds;

6.  Shall keep any funds received from a resident for safekeeping in an account separate from the provider's funds;

7.  Shall return to the resident, upon written request by the resident and the resident's guardian or advocate, if any, all or any part of the resident's funds given the provider for safekeeping, including the interest accrued, if any, from deposits;

8.  Unless otherwise provided by state law, upon the death of a resident, shall provide the administrator or executor of the resident's estate with a complete accounting of all the resident's personal property, including any funds of the resident being held by the provider; and

9.  If the operation of a provider agency changes, shall provide the buyer with written verification by a public accountant of all residents' monies and properties for which the provider is responsible, and obtain a signed receipt from the new provider.

Added by Laws 1987, c. 225, § 23, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 23, eff. Nov. 1, 1996; Laws 1996, c. 354, § 23, eff. Nov. 1, 1996.  Renumbered from § 1-818.23 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.24.  Access to group homes.

A.  Residents of group homes subject to the Group Homes for Persons with Developmental or Physical Disabilities Act may receive any guest or visitor in the group home during reasonable hours as long as the visit does not infringe upon the rights of other group home residents.  Any guest or visitor entering a group home shall promptly notify the staff on duty of their presence and shall, upon request, produce identification to establish their identity.  No such person shall enter the immediate living area of any resident without first identifying oneself and then receiving permission from the resident to enter.  The rights of other residents present in the room shall be respected.  A resident may terminate at any time a visit by a person having access to the resident's living area pursuant to this section.

B.  Any employee or agent of a public agency or any representative of a community legal services program or any member of a nonprofit community-supported agency which provides health or social services to the developmentally disabled or physically handicapped, or any member of a church group, association of older persons or community service club which provides volunteers for service to group home residents shall be permitted access to a group home at reasonable hours, subject to the consent of a resident or residents to receive such persons as guests or visitors in accordance with the provisions of subsection A of this section.

C.  This section shall not limit the power of the Department of Human Services or other public agency otherwise permitted or required by law to enter and inspect a group home.

D.  The provider may refuse access to the group home to any person if the presence of that person in the group home would be injurious to the health and safety of a resident or would threaten the security of the property of a resident or the group home, or if the person seeks access to the group home for commercial purposes.  Any person refused access to a group home may within ten (10) days request a hearing.  In that proceeding, the burden of proof as to the right of the group home to refuse access under this section shall be on the group home.

Added by Laws 1987, c. 225, § 24, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 24, eff. Nov. 1, 1996; Laws 1996, c. 354, § 24, eff. Nov. 1, 1996.  Renumbered from § 1-818.24 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.25.  Involuntary transfer or discharge of resident.

A group home subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act shall not involuntarily transfer or discharge a resident except for medical reasons, for the resident's safety or for the safety of other residents, for violations of the contract between the resident and the group home or for nonpayment for the resident's stay, unless limited by the Federal Social Security Act, 42 U.S.C., Section 301 et seq.  Involuntary transfer or discharge of a resident for violations of the contract shall be subject to the conditions and procedures established by the rules adopted by the Commission for Human Services for program certification.  Involuntary transfer or discharge of a resident from a group home shall be preceded by a minimum written notice of thirty (30) days.  The thirty-day requirement shall not apply in any of the following instances:

1.  When an emergency transfer or discharge is mandated by the resident's health care needs and is in accordance with the written orders and medical justification of the attending physician; or

2.  When the transfer or discharge is necessary for the physical safety of other residents as documented in the clinical record.

Added by Laws 1987, c. 225, § 25, eff. July 1, 1987.  Amended by Laws 1994, c. 236, § 14, eff. Sept. 1, 1994; Laws 1996, c. 155, § 25, eff. Nov. 1, 1996; Laws 1996, c. 354, § 25, eff. Nov. 1, 1996.  Renumbered from § 1-818.25 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.26.  Provider prohibited from having insurable interest in life of resident or being beneficiary of life insurance policy - Appointment of provider as guardian or conservator.

A.  No provider, including a corporate officer or member of the board of directors when the provider is a corporation, administrator, or employee of a group home subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act shall have an insurable interest in the life of a resident of the home unless the provider, administrator, or employee is related to the resident of the home by blood or marriage.

B.  No provider, including a corporate officer or member of the board of directors when the provider is a corporation, administrator, or employee of a group home shall be entitled or assigned to any benefits of a life insurance policy on the resident unless the provider, administrator, or employee is related to the resident of the home by blood or marriage.

C.  No provider, including a corporate officer or member of the board of directors when the provider is a corporation, administrator, or employee of a group home shall be appointed guardian or conservator of a resident of the home unless said provider, administrator or employee is a relative of the resident and is otherwise eligible for appointment by a court as the guardian of the resident.

Added by Laws 1987, c. 225, § 26, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 26, eff. Nov. 1, 1996; Laws 1996, c. 354, § 26, eff. Nov. 1, 1996.  Renumbered from § 1-818.26 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.27.  Inspection, investigation, survey or evaluation of group home.

A.  Every group home for which a license has been issued shall be periodically inspected by a duly appointed representative of the Department of Human Services pursuant to rules promulgated by the Commission for Human Services with the advice and counsel of the Group Homes for Persons with Developmental or Physical Disabilities Advisory Board established by Section 4 of this act.  Inspection reports shall be prepared on forms prescribed by the Department with the advice and counsel of the Advisory Board.

B.  The Department shall at least three times a year and whenever it deems necessary inspect, survey, and evaluate each group home to determine compliance with applicable licensure and program certification requirements and standards.

1.  An inspection shall occur within one hundred twenty (120) days prior to license renewal.

2.  Any inspection, investigation, survey, or evaluation may be conducted without prior notice to the home.  At least one inspection per group home shall be unannounced.  Any licensee or applicant for a license shall be deemed to have given consent to any duly authorized employee or agent of the Department to enter and inspect the group home in accordance with the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act.  Refusal to permit such entry or inspection may constitute grounds for the denial, nonrenewal, suspension, or revocation of a license.

C.  The Department shall maintain a log, updated at least monthly and available for public inspection, which shall at a minimum detail:

1.  The name of the group home and date of inspection, investigation, survey, or evaluation;

2.  Any deficiencies, lack of compliance, or violation noted at the inspection, investigation, survey, or evaluation;

3.  The date a notice of violation, license denial, nonrenewal, suspension, or revocation was issued or other enforcement action occurred;

4.  The date a plan of correction was submitted and the date the plan was approved;

5.  The date corrections were completed, as verified by an inspection; and

6.  If the inspection or investigation was made pursuant to the receipt of a complaint, the date such complaint was received and the date the complainant and the group home was notified of the results of the inspection or investigation.

D.  The Department shall require periodic reports and shall have access to books, records and other documents maintained by the group home to the extent necessary to implement the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act and the rules promulgated by the Commission for Human Services pursuant thereto.

E.  A state or local ombudsman, or a representative of the Office of Client Advocacy, or a case manager assigned monitoring responsibilities for clients residing in group homes is authorized to accompany and shall be notified of any survey or inspection conducted of any group home licensed pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act.  Any state or local ombudsman having proper identification is authorized to enter any group home licensed pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, communicate privately and without unreasonable restriction with any resident of a group home who consents to such communication, to seek consent to communicate privately and without restriction with any resident of a group home, and to observe all areas of a group home that directly pertain to the care of a resident of a group home.

F.  Following any survey or inspection pursuant to the provisions of this section, all reports relating to the survey or inspection shall be filed in the county office of the Department of Human Services in which the group home is located and with the Developmental Disabilities Services Division of the Department of Human Services.

G.  All state agencies receiving complaints on, or conducting surveys or inspections of group homes shall forward complete copies of complaints or inspection or survey results to the Office of Client Advocacy of the Department of Human Services.

Added by Laws 1987, c. 225, § 27, eff. July 1, 1987.  Amended by Laws 1994, c. 236, § 15, eff. Sept. 1, 1994; Laws 1996, c. 155, § 27, eff. Nov. 1, 1996; Laws 1996, c. 354, § 27, eff. Nov. 1, 1996.  Renumbered from § 1-818.27 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.28.  Notice of violation - Hearing - Emergencies.

A.  If upon inspection or investigation, or whenever the Department of Human Services determines that there are reasonable grounds to believe that a provider is in violation of the Group Homes for Persons with Developmental or Physical Disabilities Act, or any standard or rule promulgated pursuant thereto which would have a direct impact upon one or more residents of the group home or of any order of the Department, the Department shall give written notice to the alleged violator specifying the violation or violations.  Such notice shall require that the violation or violations be corrected immediately or that the alleged violator appear before the Department at a time and place specified in the notice and answer the charges.  The notice shall be delivered to the alleged violator in accordance with the provisions of subsection E of this section.

B.  The Department shall give the notice specified by the provisions of subsection A of this section within ten (10) days of an inspection or investigation of the group home if the Department determines that the home is in violation of the Group Homes for Persons with Developmental or Physical Disabilities Act or the rules promulgated by the Commission for Human Services pursuant thereto.

C.  The Department shall afford the alleged violator an opportunity for a fair hearing within fifteen (15) days of receipt of notice provided by subsection A of this section in accordance with the provisions of subsection F of this section.  On the basis of the evidence produced at the hearing, the Department shall make findings of fact and conclusions of law and enter an order thereon.  The Department shall give written notice of such order to the alleged violator and to such other persons as shall have appeared at the hearing and made written request for notice of the order.  If the hearing is held before any person other than the Department, such person shall transmit the record of the hearing together with recommendations for findings of fact and conclusions of law to the Department which shall thereupon enter its order.  The Department may enter its order on the basis of such record or, before issuing its order, require additional hearings or further evidence to be presented.  The order of the Department shall become final and binding on all parties unless appealed to the district court as provided in Article II of the Administrative Procedures Act within thirty (30) days after notice has been sent to the parties.

D.  Whenever the Department finds that an emergency exists requiring immediate action to protect the public health or welfare of any resident of a group home licensed pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, the Department may without notice or hearing issue an order stating the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the emergency.  Such order shall be effective immediately.  Any person to whom such an order is directed shall comply with the order immediately but on application to the Department shall be afforded a hearing within ten (10) days of receipt of the notice.  On the basis of such hearing, the Department shall continue such order in effect, revoke it, or modify it.  Any person aggrieved by such order continued after the hearing provided for in this subsection may appeal to the district court of the area affected within thirty (30) days.  Such appeal when docketed shall have priority over all cases pending on the docket, except criminal cases.  For the purposes of this subsection, the term emergency shall mean a life-threatening situation.

E.  Except as otherwise expressly provided by law, any notice, order, or other instrument issued by or pursuant to authority of the Department may be served on any person affected thereby personally, by publication, or by mailing a copy of the notice, order, or other instrument by registered mail directed to the person affected at such person's last-known post office address as shown by the files or records of the Department.  Proof of service shall be made as in the case of service of a summons or by publication in a civil action or may be made by the affidavit of the person who did the mailing.  Such proof of service shall be filed in the office of the Department.

Every certificate or affidavit of service made and filed as provided by this section shall be prima facie evidence of the facts therein stated.  A certified copy thereof shall have like force and effect.

F.  The hearings authorized by this section may be conducted by the Department.  The Department may designate hearing officers who shall have the power and authority to conduct such hearings in the name of the Department at any time and place.  Such hearings shall be conducted in conformity with and records made thereof as provided by the provisions of Article II of the Administrative Procedures Act.

Added by Laws 1987, c. 225, § 28, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 28, eff. Nov. 1, 1996; Laws 1996, c. 354, § 28, eff. Nov. 1, 1996.  Renumbered from § 1-818.28 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.29.  Effective date of nonrenewal, suspension or revocation - New application and license.

A.  If a hearing is not requested, the effective date of the nonrenewal, suspension, or revocation shall be as follows:

1.  In cases of nonrenewal of a license the effective date shall be the expiration date of the license.  The date may be extended no longer than necessary to permit the orderly removal of the residents; or

2.  In cases of revocation or suspension of the license the effective date shall be the date set by the Department of Human Services in the notice of revocation or suspension.  The date shall be no later than necessary to permit the orderly removal of the residents.

B.  If a hearing is requested, unless otherwise ordered by a district court, the effective date of the nonrenewal, suspension, or revocation of a license shall be set upon final action after the hearing and shall be no later than necessary to permit the orderly removal of the residents.

C.  A new application of the provider whose license was denied, not renewed, suspended, or revoked may be considered upon receipt of satisfactory evidence that the conditions upon which such denial, nonrenewal, suspension, or revocation was based have been corrected.  A new license may be granted after a full and complete inspection or investigation and the provider and the home are in full compliance with the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, and the standards and rules promulgated by the Commission for Human Services pursuant thereto.

Added by Laws 1987, c. 225, § 29, eff. July 1, 1987.  Amended by Laws 1994, c. 236, § 16, eff. Sept. 1, 1994; Laws 1996, c. 155, § 29, eff. Nov. 1, 1996; Laws 1996, c. 354, § 29, eff. Nov. 1, 1996.  Renumbered from § 1-818.29 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.30.  Report of correction of violations - Plan of correction - Extension of time - Contest of action.

A.  If the violation specified in the notice required by Section 1-818.28 of the Group Homes for Persons with Developmental or Physical Disabilities Act has have been corrected prior to the hearing, the provider may submit a report of correction in place of a plan of correction as specified in subsection B of this section.  Such report shall be signed by the authorized agent of the provider under oath.

B.  A provider shall have ten (10) days after receipt of notice of violation in which to prepare and submit a plan of correction.  The plan shall include a fixed time period not in excess of thirty (30) days within which violations are to be corrected.  The Department of Human Services may extend this period up to thirty (30) days where correction involves substantial capital improvement.  If the Department rejects a plan of correction, it shall send notice of the rejection and the reason for the rejection within ten (10) days of receipt of the plan of correction to the group home.  The provider shall have ten (10) days after receipt of the notice of rejection in which to submit a modified plan.  If the modified plan is not timely submitted, or if the modified plan is rejected, the provider shall follow an approved plan of correction imposed by the Department which shall be submitted to the provider within thirty (30) days.

C.  Upon a provider's petition, the Department shall determine whether to grant a request for an extended correction time.  Such petition shall be served on the Department prior to expiration of the correction time originally approved.  The burden of proof is on the petitioner to show good cause for not being able to comply with the original correction time approved.  The extended correction time may be granted for a period of time not to exceed thirty (30) days.

D.  If a provider desires to contest any Department action pursuant to this section, it shall send a written request for a hearing to the Department within ten (10) days of receipt of notice of the contested action and the Department shall commence the hearing pursuant to Section 28 of this act.  Whenever possible, all action of the Department pursuant to the provisions of this section arising out of a violation shall be determined at a single hearing.  Issues decided after a hearing may not be reheard at subsequent hearings pursuant to the provisions of this section, unless there is newly discovered evidence that was not available through due diligence during the initial hearing.

Added by Laws 1987, c. 225, § 30, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 30, eff. Nov. 1, 1996; Laws 1996, c. 354, § 30, eff. Nov. 1, 1996.  Renumbered from § 1-818.30 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.31.  Prohibited acts.

A.  No person shall willfully:

1.  Fail to correct or interfere with the correction of a violation within the time specified on the notice or approved plan of correction pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act as the maximum period given for correction, unless an extension is granted and the corrections are made before expiration of extension;

2.  Prevent, interfere with, or attempt to impede in any way the work of any duly authorized representative of the Department of Human Services in the investigation and enforcement of the Group Homes for Persons with Developmental or Physical Disabilities Act;

3.  Prevent or attempt to prevent any such representative from examining any relevant books or records in the conduct of official duties pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act;

4.  Prevent or interfere with any such representative in the preserving of evidence of any violation of the Group Homes for Persons with Developmental or Physical Disabilities Act or the rules promulgated pursuant thereto;

5.  Retaliate or discriminate against any resident or employee for contacting or providing information to any state official, or for initiating, participating in, or testifying in an action for any remedy authorized pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act;

6.  File any false, incomplete, or intentionally misleading information required to be filed pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, or willfully fail or refuse to file any information required by the Department pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act; or

7.  Open a group home without a license or operate a group home without a license and program certification.

B.  No employee of a state or unit of a local government agency shall aid, abet, assist, conceal, or conspire with any employee of a provider in a violation of any provision of the Group Homes for Persons with Developmental or Physical Disabilities Act or any rule or standard promulgated by the Commission for Human Services pursuant to the Group Homes for Persons with Developmental or Physical Disabilities Act.

C.  Any person who violates any of the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, upon conviction, shall be guilty of a misdemeanor.  Each day upon which such violation occurs shall constitute a separate violation.

Added by Laws 1987, c. 225, § 31, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 31, eff. Nov. 1, 1996; Laws 1996, c. 354, § 31, eff. Nov. 1, 1996.  Renumbered from § 1-818.31 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.32.  Violations - Penalties.

A.  Any person who has been determined by the Department of Human Services to have violated any provision of the Group Homes for Persons with Developmental or Physical Disabilities Act, or any rule or order issued pursuant thereto may be liable for an administrative penalty of not more than One Hundred Dollars ($100.00) for each day that the violation continues.  The maximum administrative penalty shall not exceed Ten Thousand Dollars ($10,000.00) for any related series of violations.

B.  The amount of the penalty shall be assessed by the Department pursuant to the provisions of subsection A of this section, after notice and hearing.  In determining the amount of the penalty, the Department shall include but not be limited to consideration of the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, the effect on ability of the person to continue to do business, and any show of good faith in attempting to achieve compliance with the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act.

C.  Any license holder may elect to surrender such license in lieu of said fine but shall be forever barred from obtaining a reissuance of such license.

D.  In addition to or in lieu of a fine as provided in this section, the Department may issue an administrative order prohibiting a group home which has a history of incomplete or partial compliance with the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, or which has a history of failure to fully implement a plan of correction in a timely manner from admitting new or additional residents to the group home.

Added by Laws 1987, c. 225, § 32, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 32, eff. Nov. 1, 1996; Laws 1996, c. 354, § 32, eff. Nov. 1, 1996.  Renumbered from § 1-818.32 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.33.  Notice of voluntary closing - Alternative placement of residents.

Any provider operating under the Group Homes for Persons with Developmental or Physical Disabilities Act shall give ninety (90) days' notice prior to voluntarily closing a group home or closing any part of a group home, or prior to closing any part of a group home if closing such part will require the transfer or discharge of more than ten percent (10%) of the residents.  Such notice shall be given to the Department of Human Services, to any resident who must be transferred or discharged, to the resident's guardian or advocate, and to a member of the resident's family, where practicable.  Notice shall state the proposed date of closing and the reason for closing.  The provider shall offer to assist the resident in securing an alternative placement and shall advise the resident on available alternatives.  Where the resident is unable to choose an alternative placement and is not under guardianship, the Department shall be notified of the need for relocation assistance.  The provider shall comply with all applicable laws and rules until the date of closing, including those related to transfer or discharge of residents.  The Department may place a relocation team in the group home if needed.  Also, the Department may promulgate rules that establish criteria for the acceleration of the notice requirement if extraordinary circumstances warrant it.

Added by Laws 1987, c. 225, § 33, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 33, eff. Nov. 1, 1996; Laws 1996, c. 354, § 33, eff. Nov. 1, 1996.  Renumbered from § 1-818.33 of Title 63 by Laws 1996, c. 354. § 56, eff. Nov. 1, 1996.


§10-1430.34.  Appointment of monitor or receiver.

A.  The Department of Human Services may place an employee or agent to serve as a monitor at a provider agency subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act or may petition the district court for appointment of a receiver for a provider, or both, when any of the following conditions exist:

1.  The group home is operating without a license;

2.  The Department has suspended, revoked or refused to renew the existing license of the provider;

3.  The provider has closed or has informed the Department that it intends to close and adequate arrangements for relocation of residents have not been made at least thirty (30) days prior to closure; or

4.  The Department determines that an emergency exists, whether or not it has initiated revocation or nonrenewal procedures, if because of the unwillingness or inability of the provider to remedy the emergency the Department believes a monitor or receiver is necessary.

B.  In any situation described in subsection A of this section, the Department may place a qualified person to act as monitor at the provider agency.  The monitor shall observe the operation of the provider agency, assist the provider by advising it on how to comply with the state rules promulgated by the Commission for Human Services and shall report periodically to the Department on the operation of the provider agency.

Added by Laws 1987, c. 225, § 34, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 34, eff. Nov. 1, 1996; Laws 1996, c. 354, § 34, eff. Nov. 1, 1996.  Renumbered from § 1-818.34 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.35.  Emergencies - Investigations - Hearing.

A.  Where a resident of a group home subject to the Group Homes for Persons with Developmental or Physical Disabilities Act, a resident's guardian or advocate, if any, or a resident's next of kin believes that an emergency exists, each of them, collectively or separately, may file a verified statement with the Director of Human Services, or a designee, who shall immediately investigate.  If the Director, or a designee, determines that proper cause exists, the Director, or a designee, shall take whatever steps are necessary to protect the health, welfare and safety of the residents including, if necessary, petitioning the court to place the group home under the control of a receiver to ensure that the residents receive adequate care.

B.  The court shall hold a hearing within five (5) days of the filing of the petition.  The petition and notice of the hearing shall be served on the provider or designated agent of the provider and the petition and notice of hearing shall be posted in a conspicuous place in the group home not later than three (3) days before the time specified for the hearing, unless a different time limit is fixed by order of the court.  The court shall appoint a receiver for a limited time period, not to exceed one hundred eighty (180) days, which shall automatically terminate the receivership unless extended by the court, if it finds that:

1.  The group home is operating without a license;

2.  The Department has suspended, revoked or refused to renew the existing license of the provider;

3.  The group home is closing or has informed the Department that it intends to close and adequate arrangements for relocation of residents have not been made at least thirty (30) days prior to closure;

4.  An emergency exists, whether or not the Department has initiated revocation or nonrenewal procedures, if because of the unwillingness or inability of the provider to remedy the emergency, the appointment of a receiver is necessary; or

5.  It is necessary to ensure that the residents get adequate care in a situation in which the residents' health, welfare and safety are threatened.

C.  If a petition filed under this section alleges that the conditions listed in subsection B of this section exist within a group home, the court may set the matter for hearing at the earliest possible time.  The petitioner shall notify the provider of the group home or registered agent of the provider more than five (5) days prior to the hearing.  Any form of written notice may be used.  A receivership shall not be established ex parte by the court unless the Director of Human Services, under oath, has provided a statement that such Director, or a designee, has personally determined that there is a life-endangering situation.  A waiver of the five-day notice requirement may be approved by the court in life-endangering situations as determined and confirmed under oath, by the Director.

Added by Laws 1987, c. 225, § 35, eff. July 1, 1987.  Amended by Laws 1994, c. 236, § 17, eff. Sept. 1, 1994; Laws 1996, c. 155, § 35, eff. Nov. 1, 1996; Laws 1996, c. 354, § 35, eff. Nov. 1, 1996.  Renumbered from § 1-818.35 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.36.  Appointment of receiver.

A.  The court may appoint any qualified person as a receiver, except it shall not appoint any employee or affiliate of the provider which is in receivership as its receiver.  The Department of Human Services shall maintain a list of such persons to operate group homes which the court may consider.

B.  The receiver shall make provisions for the continued health, safety and welfare of all residents of the group home.

C.  A receiver appointed pursuant to the Group Homes for Persons with Developmental or Physical Disabilities Act shall exercise those powers and shall perform those duties set out by the court.  These powers and duties may include those generally ascribed to receivers and receiverships and may also include the powers and duties of trustees under the current Bankruptcy Code for the State of Oklahoma.  The court shall provide for the receiver to have sufficient power and duties to ensure that the residents receive adequate care.

Added by Laws 1987, c. 225, § 36, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 36, eff. Nov. 1, 1996; Laws 1996, c. 354, § 36, eff. Nov. 1, 1996.  Renumbered from § 1-818.36 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.37.  Expenses of receiver - Insufficient funds - Compensation of receiver.

A.  If funds are insufficient to meet the expenses of performing the powers and duties conferred on the receiver appointed pursuant to the Group Homes for Persons with Developmental or Physical Disabilities Act, or if there are insufficient funds on hand to meet those expenses, the Department of Human Services may reimburse the receiver for those expenses from funds available.

B.  The court shall set the compensation of the receiver, which shall be considered a necessary expense of a receivership.

Added by Laws 1987, c. 225, § 37, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 37, eff. Nov. 1, 1996; Laws 1996, c. 354, § 37, eff. Nov. 1, 1996.  Renumbered from § 1-818.37 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.38.  Liability of receiver - Bond.

A.  A receiver may be held liable in a personal capacity only for the receiver's own gross negligence, intentional acts or breaches of fiduciary duty.

B.  The court may require a receiver to post a bond.

Added by Laws 1987, c. 225, § 38, eff. July 1, 1987.  Renumbered from § 1-818.38 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.39.  Conditional license for provider in receivership.

Other provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act notwithstanding, the Department of Human Services may issue a conditional license to a provider placed in receivership.  The duration of a license issued under this section is limited to the duration of the receivership.

Added by Laws 1987, c. 225, § 39, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 38, eff. Nov. 1, 1996; Laws 1996, c. 354, § 38, eff. Nov. 1, 1996.  Renumbered from § 1-818.39 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.40.  Termination of receivership.

A.  The court may terminate a receivership:

1.  If the time period specified in the order appointing the receiver elapses and is not extended;

2.  If the court determines that the receivership is no longer necessary because the conditions which gave rise to the receivership no longer exist; or the Department of Human Services issues the provider a new license, whether the structure of the group home, the right to operate the group home, or the land on which it is located is under the same or different ownership; or

3.  If all of the residents in the group home have been transferred or discharged.

B.  1.  Within thirty (30) days after termination, the receiver shall give the court a complete accounting of all property of which the receiver has taken possession, of all funds collected, and of the expenses of the receivership.

2.  If the operating funds exceed the reasonable expenses of the receivership, the court shall order payment of the surplus to the provider, after reimbursement of funds drawn from the contingency fund provided for in Section 37 of this act.  If the operating funds are insufficient to cover the reasonable expenses of the receivership, the provider shall be liable for the deficiency.  Payment recovered from the provider shall be used to reimburse the contingency fund for amounts drawn by the receiver under Section 37 of this act.

3.  The Department shall have a lien for any payment made under Section 37 of this act upon any beneficial interest, direct or indirect, of any owner in the following property:

a. the building in which the group home is located,

b. any fixtures, equipment or goods used in the operation of the group home,

c. the land on which the group home is located, or

d. the proceeds from any conveyance of property described in subparagraphs a, b or c above, made by the provider within one (1) year prior to the filing of the petition for receivership.

4.  The receiver shall, within sixty (60) days after termination of the receivership, file a notice of any lien created under this section.  If the lien is on real property, the notice shall be filed with the county clerk.  If the lien is on personal property, the notice shall be filed with the Secretary of State.  The notice shall specify the name of the person against whom the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed.  No lien shall exist under this act against any person, on any property, or for any amount not specified in the notice filed under this paragraph.

Added by Laws 1987, c. 225, § 40, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 39, eff. Nov. 1, 1996; Laws 1996, c. 354, § 39, eff. Nov. 1, 1996.  Renumbered from § 1-818.40 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§10-1430.41.  Rights, obligations and liability during receivership.

Notwithstanding the general rules of receiverships and trustees, nothing in the Group Homes for Persons with Developmental or Physical Disabilities Act shall be deemed to relieve any administrator or employee of a group home placed in receivership of any civil or criminal liability incurred, or any duty imposed by law, by reason of acts or omissions of the administrator or employee prior to the appointment of a receiver; provided, that nothing contained in this act shall be construed to suspend during the receivership any obligation of the administrator or employee for payment of taxes or other operating and maintenance expenses of the group home or of the administrator, employee or any other person for the payment of mortgages or liens.  The provider shall retain the right to sell or mortgage any group home under receivership, subject to approval of the court which ordered the receivership.

Added by Laws 1987, c. 225, § 41, eff. July 1, 1987.  Amended by Laws 1996, c. 155, § 40, eff. Nov. 1, 1996; Laws 1996, c. 354, § 40, eff. Nov. 1, 1996.  Renumbered from § 1-818.41 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.


§101501.  Various references deemed to be references to District Court or judge thereof.

Wherever reference is made to the county court, Children's Court and Juvenile Court, or to a judge thereof in the statutes relating to juveniles, domestic relations or the status of persons, the reference shall be deemed to be to the District Court or a judge thereof.

Laws 1968, c. 282, § 501, eff. Jan. 13, 1969.  

§10-1505.  Employment of persons to provide juvenile officer or assistant juvenile officer services in certain counties.

A.  1.  As provided by this subsection, the presiding or associate district judge or other judge with juvenile or deprived child docket responsibilities, with the approval of the county commissioners, may employ a juvenile officer or an assistant juvenile officer or contract with a court-appointed special advocate program to provide juvenile officer or assistant juvenile officer services.

2.  In counties having a population in excess of twenty-four thousand (24,000), the presiding or associate district judge, with the approval of the county commissioners, may:

a. employ one juvenile officer for the respective county, or

b. contract with a court-appointed special advocate program to provide such services.

3.  In counties having a population in excess of forty thousand (40,000), the presiding or associate district judge, with the approval of the county commissioners, may:

a. employ one juvenile officer and one assistant juvenile officer for the respective county, or

b. contract with a court-appointed special advocate program to provide such services.

B.  1.  If employed:

a. the salary of the juvenile officer shall be not less than sixty percent (60%) nor more than ninety percent (90%) of Class A officers of the county, and

b. the salary of the assistant juvenile officer shall be not less than sixty percent (60%) nor more than eighty percent (80%) of Class A officers of the county.  Such salaries shall be paid from county funds.

2.  The juvenile officer and assistant juvenile officer shall be entitled to reimbursement for all traveling expenses incurred in the performance of official duties.  Such expenses shall be paid upon sworn itemized claims.  When transportation involves the use of the private automobile of the juvenile officer or assistant juvenile officer, such officer shall be entitled to claim reimbursement for use thereof at the rate provided for state employees under the State Travel Reimbursement Act.  Such reimbursement shall be from county funds.

C.  1.  If the county contracts with a court-appointed special advocate program:

a. the county may allow program employees to participate in all county employee benefit programs including, but not limited to, health care plans, and

b. the county may provide adequate office space for the court-appointed special advocate program.

2.  Participation in any county benefit program or the provision of office space shall be included in the contract with the court-appointed special advocate program.

D.  Any juvenile officer and assistant juvenile officer shall serve at the pleasure of the court.

E.  The provisions of this section shall not be applicable in counties which maintain a Juvenile Bureau under the provisions of the Oklahoma Juvenile Code.

F.  For purposes of this section, a court-appointed special advocate program means a program as defined by Section 7001-1.3 of this title.

Added by Laws 1969, c. 108, § 1, emerg. eff. April 1, 1969.  Amended by Laws 1981, c. 98, § 1, emerg. eff. April 22, 1981; Laws 1981, c. 238, § 7; Laws 2003, c. 105, § 1, eff. Nov. 1, 2003; Laws 2004, c. 273, § 1.


§101505a.  Assistant juvenile officer in certain counties.

In every county of the state having a population of more than twentyfour thousand (24,000), but less than forty thousand (40,000), and having located within it a city with a population of not less than twenty thousand (20,000), according to the latest Federal Decennial Census, in which county there is employed a juvenile officer, an assistant juvenile officer may be appointed by order of the associate district judge with the consent of the chief judge of the judicial district in which said county is located. The assistant so appointed may receive as his annual compensation the sum of not more than Six Thousand Dollars ($6,000.00), payable monthly; provided, however, no part of said salary or salaries shall be paid out of the court fund, or from state appropriated funds; and provided further, that such salary may be set by order of said chief judge upon concurrence of a majority of the county commissioners of such county.

Laws 1971, c. 296, § 1, operative July 1, 1971. d

§10-1506.  Repealed by Laws 1991, c. 296, § 33, eff. January 1, 1992.

§10-1507.1.  Repealed by Laws 1995, c. 352, § 202, eff. July 1, 1995.

§10-1507.2.  Repealed by Laws 1995, c. 352, § 202, eff. July 1, 1995.

§10-1507.3.  Renumbered as § 7302-1.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.4.  Renumbered as § 7302-2.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.5.  Renumbered as § 7302-2.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.6.  Renumbered as § 7302-3.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.7.  Renumbered as § 7302-3.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.8.  Renumbered as § 7302-6.8 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.9.  Renumbered as § 7302-6.9 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.10.  Renumbered as § 7302-7.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.11.  Renumbered as § 7302-7.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.12.  Renumbered as § 7302-7.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.13.  Renumbered as § 7302-7.4 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.14.  Renumbered as § 7302-7.5 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.15.  Renumbered as § 7306-2.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.16.  Renumbered as § 7306-2.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.17.  Renumbered as § 7306-2.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.18.  Renumbered as § 7306-2.4 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.19.  Renumbered as § 7306-2.5 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.20.  Renumbered as § 7306-2.6 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.21.  Renumbered as § 7306-2.7 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.22.  Renumbered as § 7306-2.8 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.23.  Renumbered as § 7306-2.9 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.24.  Renumbered as § 7306-2.10 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.25.  Renumbered as § 7306-2.11 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.26.  Renumbered as § 7306-2.12 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.

§10-1507.27.  Repealed by Laws 1997, c. 293, § 42, eff. July 1, 1997.

§10-1507.28.  Repealed by Laws 1998, c. 21, § 1, emerg. eff. April 1, 1998.

§10-1507.29.  Repealed by Laws 1998, c. 21, § 1, emerg. eff. April 1, 1998.

§10-1601.  Renumbered as § 501 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1602.  Renumbered as § 502 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1603.  Renumbered as § 503 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1604.  Renumbered as § 504 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1605.  Renumbered as § 505 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1606.  Renumbered as § 506 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1607.  Renumbered as § 507 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1608.  Renumbered as § 508 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1609.  Renumbered as § 509 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1610.  Renumbered as § 510 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1611.  Renumbered as § 511 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1612.  Renumbered as § 512 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1613.  Renumbered as § 513 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1614.  Renumbered as § 514 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1615.  Renumbered as § 515 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1616.  Renumbered as § 516 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1617.  Renumbered as § 517 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1618.  Renumbered as § 518 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1619.  Renumbered as § 519 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1620.  Renumbered as § 520 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1621.  Renumbered as § 521 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1622.  Renumbered as § 522 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1623.  Renumbered as § 523 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1624.  Renumbered as § 524 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1625.  Renumbered as § 525 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1626.  Renumbered as § 526 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§10-1627.  Renumbered as § 527 of Title 43 by Laws 1990, c. 188, § 1, eff. Sept. 1, 1990.

§101628.  Missing child 16 and under  Investigation of disappearance.

It is hereby made the duty of any sheriff, chief of police, city marshal, constable, or any other law enforcement officer, upon notification of a report of a missing child sixteen (16) years and under, to immediately initiate an investigation into the disappearance of said child.

Added by Laws 1983, c. 87, § 1, emerg. eff. May 9, 1983.  

§101629.  Short title.

Sections 1 through 5 of this act shall be known and may be cited as the "Oklahoma Minor Identification Act".

Added by Laws 1986, c. 288, § 1, eff. July 1, 1986.  

§101630.  Definitions.

For purposes of the Oklahoma Minor Identification Act:

1.  "Fingerprint" means the impression of the lines upon the fingertip taken with ink and placed upon a paper or plastic card for the purpose of identification;

2.  "Local law enforcement agency" means the office of the county sheriff or a department of a municipality authorized by law or ordinance with the duties to maintain public order, make arrests, and enforce the criminal laws of this state or municipal ordinances;  3.  "Minor or child" means a person under eighteen (18) years of age; and

4.  "Parent" means the natural or adoptive parent who has legal custody of the minor.

Added by Laws 1986, c. 288, § 2, eff. July 1, 1986.  

§101631.  Fingerprinting minors and identification card.

A.  Upon request of a parent, legal guardian or legal custodian of a minor and the presentation of the minor at a local law enforcement agency, the local law enforcement agency shall take a complete set of fingerprints of the minor and issue a fingerprint identification card to the parent, legal guardian, or legal custodian which shall contain the fingerprints of such minor.

B.  The local law enforcement agency taking the fingerprints and issuing a fingerprint identification card shall use forms and cards provided by the Oklahoma State Bureau of Investigation.

Added by Laws 1986, c. 288, § 3, eff. July 1, 1986.  

§101632.  Intent of legislature.

It is the intent of the Legislature that the children of this state be provided certain safeguards.  It is important that children entering the school system of this state as well as children already in the school system be fingerprinted in accordance with the provisions of the Oklahoma Minor Identification Act and said fingerprints be used for locating or identifying any child in this state or any other state who is reported lost, missing, kidnapped, or killed.

Added by Laws 1986, c. 288, § 4, eff. July 1, 1986.  

§101633.  School district fingerprinting programs.

A.  Each board of education may develop a fingerprinting program for students within the district.  The principal or chief administrative officer of a nonpublic school in this state may develop a fingerprinting program for students of the school.  If developed, the program shall be developed in conjunction with local law enforcement agencies having jurisdiction within the school district or where the nonpublic school is located or in conjunction with any organization providing such services on a voluntary basis. Such local law enforcement agencies shall cooperate fully with the board of education or nonpublic school in the development of its fingerprinting program.

B.  Such fingerprinting program shall be developed for the sole purpose of providing a means by which a missing child might be located or identified and shall be operated on the following basis:

1.  No student shall be required to participate in the program; 2.  The Oklahoma State Bureau of Investigation shall provide fingerprint cards upon request of any school, organization, or local law enforcement agency who requests such cards to implement the provisions of the Oklahoma Minor Identification Act;

3.  In order for a student to participate in the program, the parent, legal guardian, or legal custodian of the student shall authorize the student's participation by signing a form that shall be developed for the program by the board of education of a public school or by the principal or chief administrative officer of the nonpublic school.  No student shall be fingerprinted unless a signed authorization form is in the possession of school officials;

4.  The fingerprinting of students shall be performed by members of the local law enforcement agencies or members of any organization volunteering to provide such service;

5.  Two copies of a student's fingerprints shall be made.  One copy shall be given to the student's parent, legal guardian, or legal custodian and one copy shall be retained in the student's records by the school and transferred with other school records of the student until the student's eighteenth birthday.  The copy of the student's fingerprints retained by the school shall be destroyed by such school on the student's eighteenth birthday;

6.  The name, sex, hair and eye color, height, weight, and date and place of birth of the student shall be indicated on the fingerprint card;

7.  The fingerprint card shall include in a conspicuous place on the card a statement that the card may be used for identification purposes only and may not be used in any juvenile or criminal investigation or proceeding conducted against the student.  A fingerprint card prepared pursuant to the Oklahoma Minor Identification Act may be used by a law enforcement agency only to help identify a student who is lost, missing, kidnapped, or killed; and

8.  The fingerprinting program developed pursuant to this section shall be offered on a periodic basis.  Parents, legal guardians, and legal custodians in the districts or in the communities served by the schools shall be notified at least two (2) weeks prior to the date set for commencement of the fingerprinting program.  These notifications may be given by means of memoranda or letters sent to such parents, legal guardians, or legal custodians.

Added by Laws 1986, c. 288, § 5, eff. July 1, 1986.  

§10-7001-1.1.  Short title - Subsequent enactments - Chapter, article and part captions.

A.  Chapter 70 of this title shall be known and may be cited as the "Oklahoma Children's Code".

B.  All statutes hereinafter enacted and codified in Chapter 70 of this title shall be considered and deemed part of the Oklahoma Children's Code.

C.  Chapter, article and part captions are part of the Oklahoma Children's Code, but shall not be deemed to govern, limit or in any manner affect the scope, meaning or intent of the provisions of any article or part of this Code.

D.  The provisions of this chapter shall not apply to adoption proceedings and actions to terminate parental rights which do not involve a petition for deprived status of the child.  Such proceedings and actions shall be governed by the Oklahoma Adoption Code, Chapter 75 of this title.

Added by Laws 1995, c. 352, § 1, eff. July 1, 1995.  Amended by Laws 1998, c. 415, § 1, emerg. eff. June 11, 1998.


§10-7001-1.2.  Liberal construction of act.

A.  It is the intent of the Legislature that Chapter 70 of this title shall be liberally construed, to the end that its purpose may be carried out.

B.  The paramount consideration in all proceedings concerning a child alleged or found to be deprived is the health and safety and the best interests of the child.  The purpose of the laws relating to children alleged or found to be deprived is to:

1.  Secure for each such child, the permanency, care and guidance as will best serve the spiritual, emotional, mental and physical health, safety and welfare of the child;

2.  Provide expeditious and timely judicial and agency procedures which protect the health, safety and welfare of the child;

3.  Preserve, unify and strengthen the child's family ties whenever possible in the child's best interests and for the health and safety of the child;

4.  Except as otherwise specified by the Oklahoma Children's Code, provide that reasonable efforts are made to prevent or eliminate the need for removing the child from the home, or to make it possible for the child to safely return to the family's home;

5.  Recognize that the right to family integrity, preservation or reunification is limited by the right of children to be protected from abuse and neglect;

6.  Remove the child from the custody of the parents of the child when the child's health, safety or welfare is in danger or the child's safety cannot be adequately safeguarded without removal;

7.  Recognize that permanency is in the best interests of the child;

8.  Ensure that, in the best interests of the child, when family rehabilitation and reunification are not possible or are determined not to be necessary pursuant to the Oklahoma Children's Code, the child will be expeditiously placed with an adoptive family or in another permanent living arrangement; and

9.  Assure adequate and appropriate care and treatment for the child, with the use of the least restrictive method of treatment or placement consistent with the treatment or placement needs of the child.

Added by Laws 1968, c. 282, § 129, eff. Jan. 13, 1969.  Amended by Laws 1982, c. 312, § 25, operative Oct. 1, 1982; Laws 1992, c. 298, § 31, eff. July 1, 1993; Laws 1994, c. 290, § 2, eff. July 1, 1994; Laws 1995, c. 352, § 2, eff. July 1, 1995.  Renumbered from § 1129 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1998, c. 421, § 1, emerg. eff. June 11, 1998.


§10-7001-1.3.  Definitions.

A.  When used in the Oklahoma Children's Code, unless the context otherwise requires:

1.  "Abandoned infant" means a child who is twenty-four (24) months of age or younger whose parent:

a. has willfully left the infant alone or in the care of another who is not the parent of the infant without identifying the infant or furnishing any means or methods of identification,

b. has willfully left the infant alone or in the care of another who is not the parent of the infant and expressed a willful intent by words, actions, or omissions not to return for the infant,

c. has knowingly placed or knowingly allowed the infant be placed in or remain in conditions or surroundings that posed or constituted a serious danger to the health and safety of the infant thereby demonstrating wanton disregard for the child's well-being,

d. is a father, or a putative father if the infant was born out of wedlock, and:

(1) if an infant is less than ninety (90) days of age, who fails to show that he has exercised proper parental rights and responsibilities with regard to the infant, including, but not limited to, contributing to the support of the mother of the infant to the extent of his financial ability during her term of pregnancy,

(2) (a) if an infant is older than ninety (90) days but less than fourteen (14) months of age, who fails to show that he has exercised proper parental rights and responsibilities with regard to the infant, including, but not limited to, contributing to the support of the infant to the extent of his financial ability, which may include contributing to the support of the mother of the infant to the extent of his financial ability during her term of pregnancy.

(b) failure to contribute to the support of the mother during her term of pregnancy, pursuant to this subdivision, shall not in and of itself be grounds for termination of the parental rights of the father or putative father, or

(3) (a) if the infant is fourteen (14) months of age or older, who fails to show that he has exercised proper parental rights and responsibilities with regard to the infant, including, but not limited to, contributing to the support of the infant to the extent of his financial ability.

(b) Pursuant to this subdivision, failure to contribute to the support of the mother during her term of pregnancy shall not in and of itself be grounds for termination of the parental rights of the father or putative father.

In any case where a father, or a putative father of an infant born out of wedlock, claims that prior to the receipt of notice of the hearing provided for in Section 7006-1.2 of this title he had been specifically denied knowledge of the infant or denied the opportunity to exercise parental rights and responsibilities with regard to the infant, such father or putative father shall prove to the satisfaction of the court that he made sufficient attempts to discover if he had fathered a child or made sufficient attempts to exercise parental rights and responsibilities with regard to the infant prior to the receipt of notice,

e. has not established and/or maintained substantial and positive relationship with the infant during the six (6) months immediately prior to out-of-home placement or the six (6) continuous months while in out-of-home placement, and has not made meaningful efforts to gain or regain custody of the infant, despite being given the opportunity to do so.  For purposes of this section, "establish and/or maintain substantial and positive relationship" includes but is not limited to:

(1) frequent and regular contact with the infant through frequent and regular visitation or frequent and regular communication to or with the infant, and

(2) the exercise of parental rights and responsibilities.

Incidental or token visits, communications or contributions shall not be sufficient to establish and/or maintain a substantial and positive relationship with the infant;

2.  "Adjudicatory hearing" means a hearing to determine whether the allegations of a petition pursuant to the provisions of Part 3 of Article III of this Code are supported by the evidence and whether a child should be adjudged to be a ward of the court;

3.  "Assessment" means a systematic process utilized by the Department of Human Services to respond to reports of alleged child abuse or neglect which, according to priority guidelines established by the Department, do not constitute a serious and immediate threat to a child's health, safety or welfare.  The assessment includes, but is not limited to, the following elements:

a. an evaluation of the child's safety, and

b. a determination regarding the family's need for services;

4.  "Child" means any person under eighteen (18) years of age except any person convicted of a crime specified in Section 7306-1.1 of this title or any person who has been certified as an adult pursuant to Section 7303-4.3 of this title and convicted of a felony;

5.  "Minor in need of treatment" means a child in need of mental health or substance abuse treatment as defined by the Inpatient Mental Health and Substance Abuse Treatment of Minors Act;

6.  "Child with a disability" means any child who has a physical or mental impairment which substantially limits one or more of the major life activities of the child, or who is regarded as having such an impairment by a competent medical professional;

7.  "Child-placing agency" means a private agency licensed to place children in foster family homes, group homes, adoptive homes, transitional or independent living programs, or family child care homes or other out-of-home placements; and which approves and monitors such placements and facilities in accordance with the licensing requirements established by the Oklahoma Child Care Facilities Licensing Act;

8.  "Chronic abuse or chronic neglect of a child" means a pattern of physical or sexual abuse or neglect which is repeated or continuing;

9.  "Community-based services" or "community-based programs" means services or programs which maintain community participation or supervision in their planning, operation, and evaluation.  Community-based services and programs may include, but are not limited to, emergency shelter, crisis intervention, group work, case supervision, job placement, recruitment and training of volunteers, consultation, medical, educational, home-based services, vocational, social, preventive and psychological guidance, training, counseling, early intervention and diversionary substance abuse treatment, sexual abuse treatment, transitional living, independent living, and other related services and programs;

10.  "Court-appointed special advocate" or "CASA" means a responsible adult who has been trained and is supervised by a court-appointed special advocate program recognized by the court, and who has volunteered to be available for appointment by the court to serve as an officer of the court as a guardian ad litem, pursuant to the provisions of Section 7003-3.7 of this title, to represent the best interests of any deprived child or child alleged to be deprived over whom the district court exercises jurisdiction, until discharged by the court;

11.  "Court-appointed special advocate program" means an organized program, administered by either an independent, not-for-profit corporation, a dependent project of an independent, not-for-profit corporation or a unit of local government, which recruits, screens, trains, assigns, supervises and supports volunteers to be available for appointment by the court as guardians ad litem, to represent the best interests of a deprived child or a child alleged to be deprived in a case for which a deprived petition has been filed;

12.  "Day treatment" means a nonresidential program which provides intensive services to a child who resides in the child's own home, the home of a relative, group home, a foster home or residential child care facility.  Day treatment programs include, but are not limited to, educational services;

13.  "Department" means the Department of Human Services;

14.  "Deprived child" means a child:

a. who is for any reason destitute, homeless, or abandoned,

b. who does not have the proper parental care or guardianship or whose home is an unfit place for the child by reason of neglect, abuse, cruelty, or depravity on the part of the child's parents, legal guardian, or other person responsible for the child's health or welfare,

c. who is a child in need of special care and treatment because of the child's physical or mental condition, and the child's parents, legal guardian, or other custodian is unable or willfully fails to provide such special care and treatment.  As used in this paragraph, a child in need of special care and treatment includes, but is not limited to, a child who at birth tests positive for alcohol or a controlled dangerous substance and who, pursuant to a drug or alcohol screen of the child and an assessment of the parent, is determined to be at risk for future exposure to such substances,

d. who is a child with a disability deprived of the nutrition necessary to sustain life or of the medical treatment necessary to remedy or relieve a life-threatening medical condition in order to cause or allow the death of the child if such nutrition or medical treatment is generally provided to similarly situated children without a disability or children with disabilities; provided that no medical treatment shall be necessary if, in the reasonable medical judgment of the attending physician, such treatment would be futile in saving the life of the child,

e. who is, due to improper parental care and guardianship, absent from school as specified in Section 10-106 of Title 70 of the Oklahoma Statutes, if the child is subject to compulsory school attendance, or

f. whose parent, legal guardian or custodian for good cause desires to be relieved of custody.

Nothing in the Oklahoma Children's Code shall be construed to mean a child is deprived for the sole reason the parent, legal guardian, or person having custody or control of a child, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child.

Nothing contained in this paragraph shall prevent a court from immediately assuming custody of a child and ordering whatever action may be necessary, including medical treatment, to protect the child's health or welfare.

The phrase "dependent and neglected" shall be deemed to mean deprived;

15.  "Dispositional hearing" means a hearing to determine the order of disposition which should be made with respect to a child adjudged to be a ward of the court;

16.  "Emergency custody" means the custody of a child prior to adjudication of the child following issuance of an order of the district court pursuant to Section 7003-2.1 of this title or following issuance of an order of the district court pursuant to an emergency custody hearing, as specified by Section 7003-2.4 of this title;

17.  "Facility" means a place, an institution, a building or part thereof, a set of buildings, or an area whether or not enclosing a building or set of buildings used for the lawful custody and treatment of children;

18.  "Foster care" or "foster care services" means continuous twenty-four-hour care and supportive services provided for a child in foster placement including, but not limited to, the care, supervision, guidance, and rearing of a foster child by the foster parent;

19.  "Foster child" means a child placed in foster placement;

20.  "Foster family" means all persons living in a foster family home, other than a foster child;

21.  "Foster family home" means the private residence of a foster family which provides foster care services to a child.  Such term shall include a nonkinship foster family home, a specialized foster home, a therapeutic foster family home, or the home of a relative or other kinship care home;

22.  "Foster parent" means any individual maintaining a foster family home, who is responsible for the care, supervision, guidance and rearing of and other foster care services provided to a foster child;

23.  "Foster placement" means a child-placing agency or foster family home providing foster care services;

24.  "Guardian ad litem" means a person appointed by the court to protect the best interests of a child pursuant to the provisions of Section 7003-3.7 of this title in a particular case before the court;

25.  "Group home" means a residential facility housing no more than twelve children with a program which emphasizes family-style living in a homelike environment.  Such group home may also offer a program within the community to meet the specialized treatment needs of its residents;

26.  "Independent living program" means a program specifically designed to assist a child to enhance those skills and abilities necessary for successful adult living.  An independent living program may include, but shall not be limited to, such features as minimal direct staff supervision, and the provision of supportive services to assist children with activities necessary for finding an appropriate place of residence, completing an education or vocational training, obtaining employment, or obtaining other similar services;

27.  "Institution" means a residential facility offering care and treatment for more than twenty residents;

28.  "Investigation" means an approach utilized by the Department to respond to reports of alleged child abuse or neglect which, according to priority guidelines established by the Department, constitute a serious and immediate threat to a child's health or safety.  An investigation includes, but is not limited to, the following elements:

a. an evaluation of the child's safety,

b. a determination whether or not child abuse or neglect occurred, and

c. a determination regarding the family's need for prevention and intervention-related services;

29.  "Kinship care" means full-time care of a child by a kinship relation;

30.  "Kinship guardianship" means a judicially created relationship between a child and a kinship relation of the child established pursuant to the provisions of Section 7003-5.5 of this title;

31.  "Kinship relation" or "kinship relationship" means relatives, stepparents, or other responsible adults who have a bond or tie with a child and/or to whom has been ascribed a family relationship role with the child's parents or the child;

32.  "Mental health facility" means a mental health or substance abuse treatment facility as defined by the Inpatient Mental Health and Substance Abuse Treatment of Minors Act;

33.  "Multidisciplinary child abuse team" means any team established pursuant to Section 7110 of this title of three or more persons who are trained in the prevention, identification, investigation, prosecution and treatment of physical and sexual child abuse and who are qualified to facilitate a broad range of prevention and intervention-related services and services related to child abuse;

34.  "Near death" means a child is in serious or critical condition, as certified by a physician, as a result of abuse or neglect;

35.  "Neglect" means neglect as such term is defined by the Oklahoma Child Abuse Reporting and Prevention Act;

36.  "Out-of-home placement" means a placement, other than a placement in the home of the parent, legal guardian or custodian from whose custody the court has removed the child;

37.  "Permanency hearing" means a hearing by the court to determine whether a child is to be returned to the child's home or whether other permanent placement will be sought within a specific time frame for the child;

38.  "Permanent custody" means a court-ordered custody of an adjudicated deprived child whose parent's parental rights have been terminated;

39.  "Person responsible for a child's health, safety or welfare" includes a parent; a legal guardian; custodian; a foster parent; a person eighteen (18) years of age or older with whom the child's parent cohabitates or any other adult residing in the home of the child; an agent or employee of a public or private residential home, institution, facility or day treatment program as defined in Section 175.20 of this title; or an owner, operator, or employee of a child care facility as defined by Section 402 of this title;

40.  "Protective custody" means custody of a child taken pursuant to Section 7003-2.1 of this title;

41.  "Putative father" means the father of a child:

a. born out of wedlock, or

b. whose mother was married to another person at the time of the birth of such child or within ten (10) months prior to the birth of the child.

The term "putative father" includes, but is not limited to:

(1) a man who has acknowledged or claims paternity of the child,

(2) a man named as the father by the mother of the child, or

(3) any man alleged to have engaged in sexual intercourse with the mother during a possible time of conception;

42.  "Relative" means a grandparent, great-grandparent, brother or sister of whole or half blood, aunt, uncle or any other person related to the child within the third degree of consanguinity;

43.  "Residential child care center" means a twenty-four-hours-a-day residential group care facility at which a specified number of children, normally unrelated, reside with adults other than their parents;

44.  "Reasonable efforts" means the reasonable exercise of diligence and care, with regard to a child who is in out-of-home placement, or who is at imminent risk of being harmed, to:

a. refer to, arrange for, or develop reasonable supportive and rehabilitative services for the family of such child that are required both to prevent unnecessary placement of the child outside of the child's home and to foster, whenever appropriate, the safe reunification of such child with the child's family, or

b. place a child who cannot be returned home into a permanent placement;

45. a. "Residual parental rights and responsibilities" means those rights and responsibilities that remain with the parent:

(1) after transfer of legal custody of the child, other than in connection with an action for termination of parental rights, a relinquishment of parental rights, a consent to termination of parental rights or an adoption, or

(2) when a guardianship or kinship guardianship is established for the child.

b. Residual parental rights and responsibilities may be limited or restricted as determined by the court, and include, but are not limited to:

(1) the right of visitation,

(2) the right to consent to adoption,

(3) the responsibility for support of and costs of medical care for the child,

(4) the right to determine the religious faith of the child, and

(5) the right to consent to termination of parental rights and the right to permanently relinquish parental rights.

c. Residual parental rights and responsibilities shall not include the right to consent to the marriage of a minor pursuant to the provisions of Section 3 of Title 43 of the Oklahoma Statutes;

46.  "Responsible adult" for purposes of the release of a child from protective custody, means a stepparent, foster parent, a relative of the child who is eighteen (18) years of age or older, or any person having an obligation and authority to care for or safeguard the child in another person's absence who is eighteen (18) years of age or older;

47.  "Secure facility" means a facility which is designed and operated to ensure that all entrances and exits from the facility are subject to the exclusive control of the staff of the facility, whether or not the juvenile being detained has freedom of movement within the perimeter of the facility, or a facility which relies on locked rooms and buildings, fences, or physical restraint in order to control behavior of its residents;

48.  "Serious bodily injury" means a bodily injury that involves:

a. substantial risk of death,

b. extreme physical pain,

c. protracted and obvious disfigurement, or

d. protracted loss or impairment of the function of a bodily member, organ or mental faculty;

49.  "Serious danger to the health and safety" means that without the intervention of another person or agency, a child would likely or in all probability sustain severe or permanent disability or injury, illness, or death;

50.  "Sibling" means a biologically or legally related brother or sister of a child;

51.  "Specialized foster care" means foster care provided to a child in a specialized foster home or agency-contracted home which:

a. has been certified by the Developmental Disabilities Services Division of the Department of Human Services,

b. is monitored by the Division, and

c. is funded through the Home- and Community-Based Waiver Services Program administered by the Division;

52.  "Temporary custody" means court-ordered custody of an adjudicated deprived child;

53.  "Therapeutic foster family home" means a foster family home which provides specific treatment services, pursuant to a therapeutic foster care contract, which are designed to remedy social and behavioral problems of a foster child residing in the home;

54.  "Torture" means to inflict:

a. intense emotional or psychological anguish to or suffering by a child, or

b. physical pain for the purpose of coercing or terrorizing a child;

55.  "Training school" means an institution maintained by the state exclusively for the care, education, training, treatment, and rehabilitation of juvenile delinquents;

56.  "Transitional living program" means a residential program that may be attached to an existing facility or operated solely for the purpose of assisting children to develop the skills and abilities necessary for successful adult living.  The program may include, but shall not be limited to, reduced staff supervision, vocational training, educational services, employment and employment training, and other appropriate independent living skills training as a part of the transitional living program;

57.  "Treatment and service plan" means a document written pursuant to Section 7003-5.3 of this title; and

58.  "Voluntary foster care placement" means the temporary placement of a child by the parent, legal guardian or custodian of the child in foster care pursuant to a signed placement agreement between the Department or a child-placing agency and the child's parent, legal guardian or custodian.

B.  Unless the context otherwise requires, the terms defined in the Oklahoma Child Abuse Reporting and Prevention Act and the Oklahoma Foster Care and Out-of-Home Placement Act shall have the same meaning when used in the Oklahoma Children's Code.

Added by Laws 1968, c. 282, § 101, eff. Jan. 13, 1969.  Amended by Laws 1970, c. 86, § 1, emerg. eff. March 27, 1970; Laws 1972, c. 122, § 1, emerg. eff. April 4, 1972; Laws 1977, c. 79, § 1; Laws 1979, c. 257, § 1, eff. Oct. 1, 1979; Laws 1980, c. 242, § 1, eff. Oct. 1, 1980; Laws 1982, c. 312, § 13, operative Oct. 1, 1982; Laws 1984, c. 120, § 1, emerg. eff. April 10, 1984; Laws 1987, c. 88, § 1, operative July 1, 1987; Laws 1988, c. 76, § 1, emerg. eff. March 25, 1988; Laws 1988, c. 238, § 1, emerg. eff. June 24, 1988; Laws 1990, c. 238, § 1, emerg. eff. May 21, 1990; Laws 1990, c. 337, § 1; Laws 1991, c. 335, § 1, emerg. eff. June 15, 1991; Laws 1992, c. 298, § 14, eff. July 1, 1993; Laws 1993, c. 342, § 1, eff. July 1, 1993; Laws 1994, c. 2, § 1, emerg. eff. March 2, 1994; Laws 1994, c. 290, § 3, eff. July 1, 1994; Laws 1995, c. 352, § 3, eff. July 1, 1995.  Renumbered from § 1101 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 47, § 1, emerg. eff. April 8, 1996; Laws 1996, c. 200, § 3, eff. Nov. 1, 1996; Laws 1996, c. 353, § 15, eff. Nov. 1, 1996; Laws 1997, c. 386, § 19, emerg. eff. June 10, 1997; Laws 1998, c. 5, § 2, emerg. eff. March 4, 1998; Laws 1998, c. 421, § 2, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 5, eff. July 1, 2000; Laws 2001, c. 434, § 4, emerg. eff. June 8, 2001; Laws 2002, c. 327, § 15, eff. July 1, 2002; Laws 2004, c. 422, § 3, eff. July 1, 2004.


NOTE:  Laws 1979, c. 248, § 1 repealed by Laws 1980, c. 242, § 2, eff. Oct. 1, 1980.  Laws 1990, c. 51, § 5 repealed by Laws 1990, c. 337, § 26.  Laws 1990, c. 302, § 1 repealed by Laws 1991, c. 335, § 36, emerg. eff. June 15, 1991.  Laws 1993, c. 208, § 1 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994.  Laws 1995, c. 270, § 4 repealed by Laws 1996, c. 47, § 4, emerg. eff. April 8, 1996.  Laws 1997, c. 153, § 1 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998.


§10-7002-1.1.  Personal jurisdiction - Transfer of proceedings - Emergency order or relief - Consolidation of proceedings.

A.  1.  Upon the filing of a petition, or upon the assumption of custody pursuant to the provisions of Article III of the Oklahoma Children's Code, the district court with juvenile or domestic docket responsibility in the county in which an alleged deprived child:

a. resides,

b. is found,  

c. where the alleged acts of deprivation occurred, or

d. where a parent or sibling has a deprived proceeding pending,

shall have jurisdiction of any child who is or is alleged to be deprived, shall have jurisdiction of the parent, legal guardian, custodian or stepparent of such child, regardless of where such parent, legal guardian, custodian, or stepparent is found, and shall have jurisdiction of any other adult person living in the home of such child.

2.  When jurisdiction has been obtained over a child who is or is alleged to be a deprived child, such jurisdiction may be retained until the child becomes eighteen (18) years of age.

3.  For the convenience of the parties and in the interest of justice, a proceeding under this chapter may be transferred to the district court in any other county.

4.  When it is in the best interests of the child, the court shall transfer a proceeding under this chapter to the district court in another county.

B.  The district court in which a petition is filed which alleges that a child is deprived or which assumes custody pursuant to Article III of this Code may issue any temporary order or grant any interlocutory relief authorized by this chapter in an emergency, regardless of whether another district court within the state has jurisdiction of the child or has jurisdiction to determine the custody or support of the child.

C.  If the district court presiding over a deprived action filed pursuant to subsection B of this section sustains the petition or assumes custody pursuant to Article III of this Code, that district court shall have the jurisdiction to make a final determination on the matter or to transfer the proceedings to a court having prior jurisdiction over the child.  If the judges to whom the cases have been assigned are unable to agree on the procedure that should be followed, the determination of whether the proceeding should be consolidated and, if consolidated, which judge shall try the issues shall be determined as follows:

1.  If the other proceeding is pending in the same judicial district in which the deprived petition is filed or custody is assumed, the determination shall be made by the presiding judge of that judicial district;

2.  If the other proceeding is pending in a different judicial district but within the same judicial administrative district in which the deprived petition is filed or custody is assumed, the determination shall be made by the presiding judge of that judicial administrative district;

3.  If the other proceeding is pending in a judicial district not within the same judicial administrative district in which the deprived petition is filed or custody is assumed, the determination shall be made by the presiding judge of the judicial district where the other proceeding is pending.

Added by Laws 1995, c. 352, § 4, eff. July 1, 1995.  Amended by Laws 1996, c. 200, § 4, eff. Nov. 1, 1996; Laws 1998, c. 421, § 3, emerg. eff. June 11, 1998; Laws 2005, c. 69, § 1, eff. Nov. 1, 2005.


§10-7002-1.2.  Evidence of child abuse or neglect in matrimonial or child custody actions - Investigation by Department of Human Services - Orders for protective custody - Appointment of attorney for child.

A.  1.  If the evidence in a juvenile action, or an action for a divorce, for alimony without a divorce, for an annulment, for custody of a child, for the appointment of a guardian of the person of a child, for habeas corpus, or in subsequent proceedings in such actions, indicates that a child is or may be deprived, the referring court shall notify the appropriate county office of the Department of Human Services that the child may be a victim of abuse or neglect.

2.  The county office shall conduct an assessment or investigation concerning such report in accordance with priority guidelines established by the Department of Human Services.

3.  The Department shall submit all reports regarding the assessment or investigation to the office of the district attorney and send a copy of its reports to such court within thirty (30) days of such notice, and notify parties to the proceeding of the submission of the report to the court.

4.  The district attorney shall advise the court within three (3) days of the receipt of the Department's findings whether a deprived petition will be filed by that office.  If no deprived petition is filed, the court may take appropriate action regarding the custody of the child, or appointment of a guardian for the child.

B.  Nothing in this section shall preclude the referring court from entering an order to have the child taken into emergency custody if evidence presented to the referring court indicates a child is in surroundings that are such as to endanger the welfare of the child.  If a child is taken into emergency custody by such an order, the provisions of Article III of the Oklahoma Children's Code shall apply.

C.  If, in any proceeding listed in subsection A of this section, the evidence indicates that a child has been subject to abuse or neglect, the court shall appoint an attorney to represent the child for that proceeding and any related proceedings and, as provided by Section 7003-3.7 of this title, the court shall appoint a guardian ad litem for the child.

Added by Laws 1977, c. 259, § 2, eff. Oct. 1, 1977.  Amended by Laws 1982, c. 312, § 14, operative Oct. 1, 1982; Laws 1995, c. 352, § 5, eff. July 1, 1995.  Renumbered from § 1102.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 200, § 5, eff. Nov. 1, 1996; Laws 1997, c. 386, § 2, emerg. eff. June 10, 1997; Laws 1998, c. 421, § 4, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 6, eff. July 1, 2000.


§10-7002-2.1.  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 Article IV 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 this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 2000, c. 374, § 7, eff. July 1, 2000.


§10-7002-2.2.  Director to serve as legal guardian.

Whenever parental rights of a child have been terminated and the child is committed to the Department, the Director shall serve as the legal guardian of the estate of the child, until another guardian is legally appointed, for the purpose of preserving the child's property rights, securing for the child any benefits to which he 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.

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 this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


§10-7002-3.1.  Enforcement of Code.

A.  The Attorney General, the district attorney of the appropriate district and any other law enforcement official having jurisdiction shall have the authority to bring civil actions against any person, officer or department, board, commission or other entity, to enforce the provisions of the Oklahoma Children's Code, or to enforce any of the laws of this state protecting or applying in any way to a child removed from the custody of the lawful parent of the child by a disposition order of the court.

B.  1.  A petition for termination of parental rights may be filed by the district attorney or the attorney of a child alleged to be or adjudicated deprived.

2.  A petition for termination of parental rights shall be filed by the district attorney for those petitions required to be filed pursuant to the provisions of Section 15 of this act.

3.  If a child's attorney files a petition for the termination of the parental rights of the parents of the child, the district attorney shall join in the petition or motion for those petitions or motions required to be filed by the district attorney pursuant to the provisions of Section 15 of this act.

Added by Laws 1982, c. 312, § 39, operative July 1, 1982.  Amended by Laws 1995, c. 352, § 8, eff. July 1, 1995.  Renumbered from § 1405 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1998, c. 421, § 5, emerg. eff. June 11, 1998.


§10-7003-1.1.  Assessment and investigations - Determinations by Department of Human Services and law enforcement agencies.

A.  1.  Upon notification or receipt of a report that a child may be deprived or whenever the county office determines that there are reasonable grounds to believe that a child may be deprived, the Department of Human Services shall conduct an assessment or investigation in accordance with priority guidelines established by the Department.

2.  Notification or receipt of a report that a child may be a victim of abuse or neglect, and any investigation or assessment made as a result of such notification or report, shall be subject to and conducted pursuant to the provisions of the Oklahoma Child Abuse Reporting and Prevention Act.

3.  The Department shall forward its findings to the district attorney's office.

B.  1.  If, after the assessment or investigation, the Department determines that:

a. an alleged abuse or neglect of a child was perpetrated by someone other than a person responsible for the child's health, safety or welfare, and

b. an alleged abuse or neglect of a child does not appear to be attributable to failure on the part of a person responsible for the child's health, safety or welfare to provide protection for the child,

the Department shall immediately verbally notify an appropriate local law enforcement agency for the purpose of conducting a possible criminal investigation.  The verbal notification to the local law enforcement agency shall be followed by a written referral transmitted no later than the close of the next business day.

2.  The Department shall determine whether the alleged perpetrator is a parent of any child or is otherwise a person responsible for the child's health, safety or welfare.  If the alleged perpetrator is determined to be a parent of a child or is otherwise a person responsible for the child's health, safety or welfare, such determination shall constitute reasonable grounds to conduct an assessment or investigation regarding such child pursuant to subsection A of this section.

3.  After making the referral to the law enforcement agency, the Department shall not be responsible for further investigation of the case unless:

a. notice is received from the law enforcement agency as provided by subsection C of this section,

b. the alleged perpetrator is a person responsible for the child's health, safety or welfare, or

c. the appropriate law enforcement agency requests the Department, in writing, to participate in the investigation.  If funds and personnel are available, as determined by the Director of Human Services, the Department may assist in the investigation of physical or sexual abuse of a child perpetrated by a person other than the parent or person responsible for the health, safety or welfare of the child.

4.  The Commission for Human Services shall promulgate rules for the implementation of the provisions of this subsection.  Such rules shall include, but not be limited to, provision for adequate and appropriate assessment or investigation by the Department prior to notification of a local law enforcement agency.

C.  1.  Any law enforcement agency receiving a referral as provided in this section shall provide the Department of Human Services' local child welfare office with a copy of the report of its investigation resulting from a referral from the Department or shall provide a written statement as to why a criminal investigation was not conducted.

2. a. Whenever, in the course of any criminal investigation, a law enforcement agency determines that there is cause to believe that a child may be or is alleged to be abused, neglected or deprived by reason of the acts or omissions of a person responsible for the health, safety or welfare of the child or the failure on the part of a person responsible for the child's health, safety or welfare to provide protection for the child, the law enforcement agency shall immediately verbally contact the local child welfare office for the purpose of an investigation by that office.

b. The verbal notification to the local child welfare office shall be followed by a written referral to the Department of Human Services no later than the close of the next business day.

Added by Laws 1995, c. 352, § 9, eff. July 1, 1995.  Amended by Laws 1998, c. 421, § 6, emerg. eff. June 11, 1998; Laws 1999, c. 44, § 1, eff. Nov. 1, 1999; Laws 2000, c. 374, § 8, eff. July 1, 2000.


§10-7003-2.1.  Child taken into custody prior to filing of petition - Emergency custody - At-risk infants.

A.  Pursuant to the provisions of this section, a child may be taken into custody prior to the filing of a petition:

1.  By a peace officer or employee of the court, without a court order if the child's surroundings are such as to endanger the welfare of the child or if continuation of the child in the child's home is contrary to the health, safety or welfare of the child;

2.  By an order of the district court issued upon the application of the office of the district attorney.  The court shall include in the order a specific determination that continuation of the child in the child's home is contrary to the health, safety or welfare of the child.  The application presented by the district attorney may be supported by a sworn affidavit which may be based upon information and belief.  The application shall state facts sufficient to demonstrate to the court that there is reasonable suspicion to believe the child is in need of protection due to abandonment, abuse or neglect, or is in surroundings that are such as to endanger the welfare of the child.  The application may be verbal.  If verbal, a written application shall be submitted to the district court within one (1) judicial day from the issuance of the order.

a. When an order issued by the district court pursuant to this paragraph places the child in the emergency custody of the Department of Human Services pending further hearing specified by Section 7003-2.4 of this title, an employee of the Department may take the child into custody in the following limited circumstance:

(1) the child is located in an educational or day care facility,

(2) it is determined that assumption of the child's custody from such facility is necessary to protect the child from risk of endangerment, and

(3) assumption of the child's custody from the facility can occur without a breach of the peace, otherwise the child shall be taken into custody by a peace officer or employee of the court.

b. It is the intent of the Legislature that emergency custody of a child pursuant to a court order shall not occur at an educational or day care facility unless it is determined necessary to avoid endangerment to the child.  The Department shall establish specific policies when an employee of the Department may take a child into emergency custody pursuant to a court order at an educational or day care facility;

3.  By order of the district court when the child is in need of medical or mental health treatment in order to protect the child's health, safety or welfare and the child's parent, legal guardian, custodian or other person having custody or control of the child is unwilling or unavailable to consent to such medical or mental health treatment or other action pursuant to this article.  The court shall specifically include in the order authorization for such medical or mental health treatment as it deems necessary.  The court shall include in the order a specific determination that continuation of the child in the child's home is contrary to the health, safety or welfare of the child; and

4.  Pursuant to the provisions of Section 7115.1 of this title.

B.  Whenever a child is taken into custody pursuant to subsection A of this section:

1.  The child may be taken to a children's shelter located within the county where protective or emergency custody is assumed or, if there is no children's shelter within the county, to a children's shelter designated by the court, provided that the placement of an infant who appears to be or has been determined to have a medical condition or illness that falls within the placement protocol for at-risk infants established pursuant to subsection D of this section shall be taken to a location as provided in the placement protocol;

2.  Except as otherwise provided by subsection C of this section, the child may be taken before a judge of the district court for the purpose of obtaining an order for emergency custody.  The court may place the child in the emergency custody of the Department of Human Services pending further hearing specified by Section 7003-2.4 of this title.  The Department may place the child in a kinship foster care home, another foster home or other suitable placement that is determined by the Department to meet the needs of the child, provided that the placement of an infant who appears to be or has been determined to have a medical condition or illness that falls within the placement protocol for at-risk infants established pursuant to subsection D of this section shall be taken to a location as provided in the placement protocol;

3.  The child may be taken directly to or retained in a health care facility for medical treatment, when it reasonably appears to the peace officer or court employee that the child is in need of emergency medical treatment to maintain the child's health, or as otherwise directed by the court; or

4.  The child may be taken directly to or retained in a mental health or substance abuse treatment facility for evaluation or inpatient treatment, in accordance with the provisions of the Inpatient Mental Health and Substance Abuse Treatment of Minors Act, when it reasonably appears to the peace officer or court employee that the child is in need of emergency mental health care to preserve the child's health, or as otherwise directed by the court; and

5.  Except as otherwise provided by subsection C of this section, the district court of the county where the emergency custody is assumed shall be immediately notified, verbally or in writing, that the child has been taken into custody.  If notification is verbal, written notification shall be sent to the district court within one (1) judicial day of such verbal notification.

C.  The court may provide, in an order issued pursuant to this section or by a standing order or rule, for the disposition of children taken into emergency custody and notification of the custody.  Such order or rule shall be consistent with the provisions of subsection B of this section, but may also:

1.  Designate a licensed child care facility other than a children's shelter appropriate for the temporary care of deprived children if such facility is willing to provide care, provided that the placement of an infant who appears to be or has been determined to have a medical condition or illness that falls within the placement protocol for at-risk infants established pursuant to subsection D of this section shall be taken to a location as provided in the placement protocol;

2.  Authorize the release of a child from custody in accord with such criteria as the court specifies or the placement of a child with such responsible persons as the court may designate and who are willing to provide care for the child pending further proceedings; and

3.  Require such notice to the court concerning the assumption of custody and the disposition of children taken into custody as the court may direct.

D.  1.  The Department of Human Services shall establish by rule a placement protocol for at-risk infants.

2.  Factors for determining at-risk infants include, but are not limited to:

a. premature infants,

b. history of respiratory distress,

c. oxygen dependency,

d. diagnosis requiring special care beyond routine infant care,

e. infants under six (6) weeks of age, and

f. medical conditions or illnesses of the infants that without protocol placements may result in increased episodes of illness, prolonged hospitalization and increased cost for care.

3.  Appropriate placement pursuant to this subsection of at-risk infants shall include, but not be limited to, foster care, approved kinship foster care and health care facilities.  A children's shelter shall not be deemed to be an appropriate placement for at-risk infants unless the shelter meets the placement protocol.

4.  If the at-risk infant is in a hospital setting, the infant may be placed in another appropriate placement pursuant to this subsection, only upon the release of the infant from the hospital by the infant's primary physician.

E.  No child taken into custody pursuant to this section shall be confined in any jail, adult lockup, or adult or juvenile detention facility.  No child shall be transported or detained in a secure facility in association with delinquent, criminal, vicious, or dissolute persons.

Added by Laws 1968, c. 282, § 107, eff. Jan. 13, 1969.  Amended by Laws 1969, c. 283, § 1, emerg. eff. April 25, 1969; Laws 1973, c. 27, § 1, emerg. eff. April 18, 1973; Laws 1976, c. 102, § 1, emerg. eff. May 12, 1976; Laws 1977, c. 259, § 8, eff. Oct. 1, 1977; Laws 1980, c. 169, § 1, eff. Jan. 1, 1981; Laws 1981, c. 238, § 2, eff. Oct. 1, 1981; Laws 1982, c. 312, § 17, operative Oct. 1, 1982; Laws 1989, c. 363, § 3, eff. Nov. 1, 1989; Laws 1990, c. 302, § 5, eff. Sept. 1, 1990; Laws 1992, c. 298, § 20, eff. July 1, 1993; Laws 1993, c. 342, § 5, eff. July 1, 1993; Laws 1994, c. 2, § 2, emerg. eff. March 2, 1994; Laws 1994, c. 290, § 34, eff. July 1, 1994; Laws 1995, c. 217, § 3, eff. July 1, 1995; Laws 1995, c. 352, § 10, eff. July 1, 1995.  Renumbered from § 1107 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 2000, c. 374, § 9, eff. July 1, 2000; Laws 2001, c. 143, § 1, eff. July 1, 2001; Laws 2002, c. 445, § 5, eff. Nov. 1, 2002; Laws 2003, c. 3, § 5, emerg. eff. March 19, 2003.


NOTE:  Laws 1990, c. 238, § 5 repealed by Laws 1991, c. 335, § 36, emerg. eff. June 15, 1991.  Laws 1993, c. 208, § 2 and Laws 1993, c. 320, § 1 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994.  Laws 2002, c. 327, § 16 repealed by Laws 2003, c. 3, § 6, emerg. eff. March 19, 2003.


§10-7003-2.2.  Emergency medical treatment or mental health care - Emergency ex parte order - Notice and hearing.

A.  If a child is taken into protective custody without a court order due to the need for emergency medical or mental health treatment to protect the child's health, safety or welfare, the court may issue an emergency ex parte order authorizing such treatment upon application of the district attorney of the county in which the child is located.  The application for an emergency ex parte order may be verbal or in writing and shall be supported by facts sufficient to demonstrate to the court that there is reasonable cause to believe that the child is in need of emergency medical or mental health treatment to protect the child's health, safety or welfare.  If verbal, a written application shall be submitted to the court as soon as practicable.

B.  The emergency ex parte order shall be in effect until a full hearing is conducted.  A copy of the application, notice for full hearing and a copy of any emergency ex parte order issued by the court shall be served upon such parent, legal guardian, or person having custody or control of the child.  Within twenty-four (24) hours of the filing of the application, the court shall hold a full hearing on the application, regardless of whether an emergency ex parte order had been issued or denied.

Added by Laws 1995, c. 352, § 11, eff. July 1, 1995.  Amended by Laws 2000, c. 374, § 10, eff. July 1, 2000.


§10-7003-2.3.  Authorization of medical or mental health treatment - Consent - Hearing - Responsibility for medical expenses.

A.  Except as otherwise provided by law, whenever a child in protective custody appears to be in need of medical treatment or mental health treatment, a peace officer, employee of the court, or any other legal custodian of the child shall exercise due diligence to locate a parent, guardian, or other person legally competent to authorize such treatment.

B.  The consent of a parent, guardian, or other person legally competent to authorize medical treatment or mental health evaluations or treatment for a child shall not be required and the peace officer, employee of the court, or other legal custodian may authorize such treatment or evaluation:

1.  When a child in protective custody requires emergency medical treatment or mental health treatment if such treatment, as determined by a competent medical or mental health authority, as the case may be, cannot be delayed; or

2.  For any physical examination or routine diagnostic proceeding or evaluation necessary, as determined by competent medical authority, to determine the medical or mental condition of the child for the protection of the child and others with whom the child may come in contact while in custody.

C.  1. a.  If the parent, guardian, or other person legally competent to authorize medical treatment for the child is unavailable to consent to such treatment, the court, upon application of the district attorney of the county in which the child is located, shall conduct a hearing not later than five (5) days after filing of the application.

b. If the parent, guardian, or other person legally competent to authorize medical treatment for the child is unwilling to consent to such treatment, the court, upon application of the district attorney of the county in which the child is located or upon application of a parent or guardian, shall conduct a hearing not later than five (5) days after filing of the application.

2.  Notice of the hearing and a copy of the application shall be served upon the parent, guardian, or other person legally competent to consent to medical treatment for the child, upon the district attorney and upon the person or agency having protective custody of the child.

3.  After any hearing held pursuant to this subsection, the court may grant any order or require such medical treatment as is necessary to protect the health or welfare of the child.

D.  The parent, guardian, or person having legal custody of the child shall be responsible for such medical expenses as ordered by the court.

Added by Laws 1995, c. 352, § 12, eff. July 1, 1995.


§10-7003-2.4.  Notification of parent, legal guardian or custodian - Emergency custody hearing - Duration of emergency custody orders - Scheduling priority for children in emergency custody - Court determinations.

A.  1.  The peace officer or an employee of the court shall provide the parent, legal guardian, or custodian of a child immediate written notice of the protective or emergency custody of the child whenever possible.

2.  The written notice shall:

a. inform the parents, legal guardian, or custodian that the child has been removed from the home,

b. inform the parent, legal guardian, or custodian of the child that an emergency custody hearing to determine custody of the child will occur within two (2) judicial days from the date the child was removed from the home, and

c. contain information about the:

(1) emergency custody hearing process including, but not limited to, the date, time and place that the child was taken into protective or emergency custody,

(2) nature of the allegation that led to placement of the child into protective or emergency custody,

(3) address and telephone number of the local and county law enforcement agencies,

(4) phone number of the local child welfare office of the Department of Human Services, and

(5) right of the parent, legal guardian or custodian to contact an attorney.

3.  The written notice shall also contain the following or substantially similar language:  "FAILURE TO RESPOND TO THIS NOTICE OR TO APPEAR AT THE EMERGENCY CUSTODY HEARING MEANS YOUR CHILD WILL STAY OR BE PLACED IN EMERGENCY CUSTODY.  YOUR FAILURE TO RESPOND OR COOPERATE MEANS YOU MAY LOSE CUSTODY OF THIS CHILD OR YOUR RIGHTS AS A PARENT MAY BE TERMINATED."

B.  1.  Within the next two (2) judicial days following the child being taken into protective or emergency custody, the court shall conduct an emergency custody hearing to determine whether evidence or facts exist that are sufficient to demonstrate to the court there is reason to believe the child is in need of protection due to abuse or neglect, or is in surroundings that are such as to endanger the health, safety or welfare of the child.

2.  At the emergency custody hearing, the court shall advise the parent, legal guardian or custodian of the child in writing of the procedure which will be followed with regard to determining custody of the child, including, but not limited to:

a. any right of the parent or legal guardian or custodian to testify and present evidence at court hearings,

b. the right to be represented by an attorney at court hearings as authorized by law,

c. the consequences of failure to attend any hearings which may be held, and

d. the right to appeal and the procedure for appealing the finding of a court on custody issues as authorized by law.

3. a. At the emergency custody hearing, the court shall:

(1) release the child to the child's parent, legal guardian or custodian or other responsible adult without conditions or under such conditions as the court finds reasonably necessary to ensure the health, safety or welfare of the child, or

(2) continue the child in or place the child into emergency custody if continuation of the child in the child's home is contrary to the health, safety or welfare of the child,  

(3) obtain information from the parent, legal guardian or custodian necessary to identify and locate kinship placement resources.  If such information indicates that within one (1) year of the emergency custody hearing the child had resided with a grandparent for six (6) months, and that such grandparent was the primary caregiver and provided primary financial support for the child during such time, the court shall provide notice and an opportunity to be heard at future hearings to such grandparent, and

(4) require the Department to provide to any custodian or other person caring for the child information on Department of Human Services programs and services available to the child.

b. If a child has been removed from the custodial parent of the child and the court, in the best interests of the child, is unable to release the child to the custodial parent, the court shall give priority for placement of the child with the noncustodial parent of the child unless such placement would not be in the child's best interests.  If the court cannot place the child with the noncustodial parent, custody shall be consistent with the provisions of Section 21.1 of this title.  If custody of the child cannot be made pursuant to the provisions of Section 21.1 of this title, the reason for such determination shall be documented in the court record.

C.  1.  Except as otherwise provided by this subsection, a petition for a deprived child proceeding shall be filed and a summons issued within five (5) judicial days from the date of assumption of custody; provided, however, such time period may be extended a period of time not to exceed fifteen (15) calendar days from the date of assumption of custody of the child if, upon request of the district attorney at the emergency custody hearing, the court determines there are compelling reasons to grant additional time for the filing of the petition for a deprived child proceeding.

2.  If the petition is not filed as required by this subsection, then the emergency custody order shall expire.  The district attorney shall submit for filing in the court record a written record specifying the reasons why the petition was not filed and specifying to whom the child was released.

D.  If a petition is filed within the time period specified in subsection C of this section, the emergency custody order shall remain in force and effect for not longer than sixty (60) days, except as otherwise provided by this subsection.

The emergency custody order shall not be extended beyond sixty (60) days absent a showing that such further extension is necessary to ensure the health, safety or welfare of the child and is in the best interests of the child.

E.  1.  The court may hold additional hearings at such intervals as may be determined necessary by the court to provide for the health, safety or welfare of the child.

2.  The parent, legal guardian or custodian of the child, the child's attorney, the district attorney and guardian ad litem if appointed shall be given prior adequate notice of the date, time, place and purpose of any hearing by the court.

F.  In scheduling hearings, the court shall give priority to proceedings in which a child is in emergency custody.

G.  1.  No order of the court providing for the removal of a child alleged to be deprived from the home of such child shall not be entered unless the court makes a determination:

a. that continuation of the child in the child's home is contrary to the health, safety or welfare of the child, and

b. as to whether or not reasonable efforts were made to prevent the need for the removal of the child from the child's home, or

c. as to whether or not an absence of efforts to prevent the removal of the child from the child's home is reasonable because the removal is due to an alleged emergency and is for the purpose of providing for the health, safety or welfare of the child, or

d. reasonable efforts to provide for the return of the child to the child's home are not required pursuant to Section 7003-4.6 of this title; provided, however, upon such determination, the court shall inform the parent that a permanency hearing will be held within thirty (30) days from the determination.

2.  In all proceedings or actions pursuant to this subsection, the child's health, safety or welfare shall be the paramount concern.

Added by Laws 1995, c. 352, § 13, eff. July 1, 1995.  Amended by Laws 1998, c. 421, § 7, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 11, eff. July 1, 2000; Laws 2001, c. 141, § 2, emerg. eff. April 30, 2001; Laws 2005, c. 120, § 1, eff. July 1, 2005.


§10-7003-2.5.  Immunity from liability for authorizing medical treatment or mental health evaluation or treatment.

No peace officer, employee of the court, employee of the Department of Human Services, or person acting pursuant to a court order authorizing medical treatment or mental health evaluation or treatment in accordance with the provisions of this title for any child found in need of such medical treatment or mental health evaluation or treatment shall have any liability, civil or criminal, for such authorization.

Added by Laws 1995, c. 352, § 14, eff. July 1, 1995.  Amended by Laws 2000, c. 374, § 12, eff. July 1, 2000.


§10-7003-3.1.  Petitions.

A.  1.  A petition in a deprived child 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 deprived child".

2.  The petition shall be verified and may be upon information and belief.  The petition shall set forth:

a. with particularity, facts which bring the child within the purview of this article,

b. the name, age and residence of the child,

c. the names and residences of the child's parents,

d. the name and residence of the child's legal guardian, if there is one,

e. the name and residence of the person or persons having custody or control of the child,

f. the name and residence of the nearest known relative, if no parent, legal guardian or custodian of the child can be found, and

g. the relief requested and an endorsement of witnesses intended to be called by the petitioner.

3.  If a termination of parental rights is desired, it must be stated in the petition and summons, and if an order for the payment of funds for the care and maintenance of the child is desired, it must be stated in the petition and summons.

4.  If any of the facts herein required are not known by the petitioner, the petition shall so state, along with the reasons why such facts are not known to petitioner.

B.  1.  A petition for termination of parental rights may be filed by the district attorney or the child's attorney.

2.  A petition for termination of parental rights shall be filed by the district attorney for those petitions required to be filed pursuant to the provisions of Section 7003-4.7 of this title.

3.  If the child's attorney files a petition for the termination of the parental rights of the parents of the child, the district attorney shall join in the petition or motion for those petitions or motions required to be filed by the district attorney pursuant to the provisions of Section 7003-4.7 of this title.

C.  A petition alleging a child to be a minor in need of treatment shall be filed by a district attorney pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act.

D.  A copy of the petition in a deprived child proceeding shall be attached to and delivered with the summons.

E.  1.  Any petition filed by the district attorney shall be signed by the district attorney or authorized assistant.

2.  A petition for termination of parental rights filed by the child's attorney shall be signed by the child's attorney and the district attorney if joined as a party to the petition pursuant to the provisions of subsection B of this section.

Added by Laws 1968, c. 282, § 103, eff. Jan. 13, 1969.  Amended by Laws 1971, c. 66, § 1, eff. Oct. 1, 1971; Laws 1973, c. 142, § 1, emerg. eff. May 10, 1973; Laws 1976, c. 51, § 1, emerg. eff. April 12, 1976; Laws 1977, c. 259, § 3, eff. Oct. 1, 1977; Laws 1982, c. 312, § 15, operative Oct. 1, 1982; Laws 1990, c. 302, § 2, eff. Sept. 1, 1990; Laws 1992, c. 298, § 17, eff. July 1, 1993; Laws 1994, c. 290, § 31, eff. July 1, 1994; Laws 1995, c. 352, § 15, eff. July 1, 1995.  Renumbered from § 1103 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1998, c. 421, § 8, emerg. eff. June 11, 1998; Laws 2002, c. 327, § 17, eff. July 1, 2002.


§10-7003-3.2.  Repealed by Laws 1998, c. 421, § 34, emerg. eff. June 11, 1998.

§10-7003-3.3.  Amendment of petition.

A.  No pleading subsequent to the petition for a deprived child proceeding is required, and the filing of any motion or pleading shall not delay the holding of the adjudicatory hearing.

B.  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.

Added by Laws 1977, c. 259, § 4, eff. Oct. 1, 1977.  Amended by Laws 1995, c. 352, § 17, eff. July 1, 1995.  Renumbered from § 1103.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


§10-7003-3.4.  Summons - Contents - Service - Taking child into custody.

A.  1.  After a petition for a deprived child proceeding has been filed, unless the parties provided for in this section voluntarily appear, a summons shall be issued.

2.  The summons shall recite briefly the nature of the proceeding with the phrase "as described more fully in the attached petition" and shall require the person or persons who have the custody or control of the child to appear personally and bring the child before the court at a time and place stated.

3.  The summons shall state the relief requested, and shall set forth the right of the child, parents and other interested parties to have an attorney present at the hearing on the petition.

4.  The summons shall also contain, in type at least as large as the balance of the document, the following or substantially similar language:  "FAILURE TO RESPOND TO THIS SUMMONS OR TO APPEAR AT THIS HEARING CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD (OR THESE CHILDREN) AS DEPRIVED CHILDREN AND MAY ULTIMATELY RESULT IN LOSS OF CUSTODY OF THIS CHILD OR THE TERMINATION OF PARENTAL RIGHTS TO THIS CHILD."

B.  1.  The summons shall be served on the person who has legal custody of the child.  If the child has reached the age of twelve (12) years, a copy shall be served on the child.

2.  If the person who has legal custody of the child is other than a parent, legal guardian or custodian of the child, a copy of the summons shall be served on the parent, legal guardian or custodian, or all, as hereinafter provided.  A copy of the summons shall be served on a custodial parent, guardian or next friend.  If no parent or guardian can be found, a summons shall be served on such other person or persons as the court shall designate.

C.  Summons may be issued requiring the appearance of any other person whose presence is necessary.

D.  If it subsequently appears that a person who should have been served was not served and has not entered an appearance, the court shall immediately order the issuance of a summons which shall be served on such person.

E.  If after a petition has been filed, it appears that the child is in such condition or in such surroundings that the child's welfare requires that custody of the child be immediately assumed by the court, the judge may immediately issue an order authorizing the taking of the child into emergency custody.

Added by Laws 1968, c. 282, § 104, eff. Jan. 13, 1969.  Amended by Laws 1977, c. 259, § 5, eff. Oct. 1, 1977; Laws 1981, c. 238, § 1, eff. Oct. 1, 1981; Laws 1988, c. 318, § 2, emerg. eff. July 6, 1988; Laws 1990, c. 238, § 3, emerg. eff. May 21, 1990; Laws 1993, c. 342, § 3, eff. July 1, 1993; Laws 1995, c. 352, § 18, eff. July 1, 1995.  Renumbered from § 1104 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 353, § 17, eff. Nov. 1, 1996; Laws 1998, c. 421, § 9, emerg. eff. June 11, 1998.


§10-7003-3.5.  Service of summons.

A.  1.  Service of summons shall be made as provided for service in civil actions, or service may be made by certified mail to such person's last-known address, requesting a return receipt from the addressee only.

2.  If the address of the person to be summoned is not known, or if the mailed summons is returned, the court may order that notice of the hearing be published once in a newspaper of general circulation in the county, and a copy of the summons shall be mailed by regular first-class mail to the last-known address of the parent, legal guardian or custodian.

B.  1.  The court shall not hold the hearing until at least forty-eight (48) hours after the service of the summons, except with the consent of the parent, legal guardian or custodian.

2.  If the parent is not served within the state, the court shall not hold the hearing until at least five (5) days after the date of mailing the summons, except with the consent of the parent, legal guardian or custodian.

C.  1.  If notice is published, the court shall not hold the hearing until at least ten (10) days after the date of publication.

2.  If one or more persons must be served by publication, the court may delay the date of the hearing, with reasonable notice to the other persons who have been served or are properly and legally notified, to any date that the court determines to be reasonable and may proceed with the action.

3.  An order determining that a child is deprived shall not become final until thirty (30) days after the date of the publication of the notice.

Added by Laws 1968, c. 282, § 105, eff. Jan. 13, 1969.  Amended by Laws 1977, c. 259, § 7, eff. Oct. 1, 1977; Laws 1990, c. 302, § 4, eff. Sept. 1, 1990; Laws 1992, c. 298, § 19, eff. July 1, 1993; Laws 1995, c. 352, § 19, eff. July 1, 1995.  Renumbered from § 1105 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1997, c. 386, § 3, emerg. eff. June 10, 1997; Laws 1998, c. 421, § 10, emerg. eff. June 11, 1998.


§10-7003-3.6.  Failure to appear without reasonable cause - Consent to adjudication - Contempt - Warrants.

A.  Failure of a person summoned as provided in this part to respond or appear without reasonable cause constitutes the person's consent to a deprived child adjudication.

B.  If any person summoned as provided in this part fails to respond or appear without reasonable cause, such person may be held in contempt of court.

C.  In case the summons cannot be served, or the parties served fail to obey the same, or in any case when it shall be made to appear to the judge that the service will be ineffectual or that the health, safety or welfare of the child requires that the child should be brought into the custody of the court, a warrant may be issued against the parent, legal guardian or custodian of the child, or against the child.

Added by Laws 1968, c. 282, § 106, eff. Jan. 13, 1969.  Amended by Laws 1995, c. 352, § 20, eff. July 1, 1995.  Renumbered from § 1106 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 353, § 18, eff. Nov. 1, 1996; Laws 1998, c. 421, § 11, emerg. eff. June 11, 1998.


§10-7003-3.7.  Representation by counsel - Guardians ad litem - Court-appointed special advocates - Applicability of section.

A. 1. a. If the parents, legal guardian or custodian of the child requests an attorney and is found to be without sufficient financial means, counsel shall be appointed by the court if a petition has been filed alleging that the child is a deprived child or if termination of parental rights is a possible remedy; provided that the court may appoint counsel without such request, if it deems representation by counsel necessary to protect the interest of the parents, legal guardian or custodian.

b. The court shall not be required to appoint an attorney for any person other than for the parents, legal guardian or custodian of the child pursuant to the provisions of this paragraph.

2. a. Whenever a petition is filed pursuant to the provisions of this part, the court shall appoint a separate attorney, who shall not be a district attorney, regardless of any attempted waiver by the parent, legal guardian or custodian of the child of the right of the child to be represented by counsel.  The parent, legal guardian or custodian shall not select the child's attorney.  If financially capable, the parent, legal guardian or custodian shall reimburse the Court Fund for the services of a court-appointed attorney for the child.

b. The attorney appointed for the child shall make arrangements to meet with the child as soon as possible after receiving notification of the appointment.  Except for good cause shown, the attorney shall meet with the child not less than twenty-four (24) hours prior to any hearing in such proceeding.  The attorney may speak with the child over the telephone if a personal visit is not possible due to exigent circumstances.  If a meaningful attorney-client relationship between the child and the attorney is prohibited due to age or disability of the child, the attorney shall contact the custodian or caretaker of the child prior to the hearing.

c. The attorney shall be given access to all reports, records and other information relevant to the case and to any reports of examination of the child's parents, legal guardian or custodian made pursuant to this section.  The attorney shall represent the child and any expressed interests of the child.  The attorney shall make such further inquiry as the attorney deems necessary to ascertain the facts, to interview witnesses, examine and cross-examine witnesses, make recommendations to the court and participate further in the proceedings to the degree appropriate for adequately representing the interests of the child.

3.  The attorney shall be allowed a reasonable fee for such services as determined by the court, as authorized by law.

B.  1.  Whenever a petition is filed alleging that a child is a deprived child, the court may appoint a guardian ad litem for the child at any time subsequent to the filing of the petition or for any other action related to the child.

2.  The court shall appoint a guardian ad litem upon the request of the child, the attorney of the child, the Department of Human Services, a licensed child-placing agency, or any other party to the action.

3.  A guardian ad litem shall not be a district attorney, an employee of the office of the district attorney, the child's attorney, an employee of the court, an employee of a juvenile bureau, or an employee of any public agency having duties or responsibilities towards the child.

4.  The guardian ad litem shall be appointed to objectively advocate on behalf of the child and act as an officer of the court to investigate all matters concerning the best interests of the child.  In addition to other duties required by the court and as specified by the court, a guardian ad litem shall have the following responsibilities:

a. review documents, reports, records and other information relevant to the case, meet with and observe the child in appropriate settings, and interview parents, foster parents, health care providers, child protective services workers and any other person with knowledge relevant to the case,

b. advocate for the child's best interests by participating in the case, attending any hearings in the matter and advocating for appropriate services for the child when necessary,

c. maintain the confidentiality of information related to a case as required by Article 7 of the Oklahoma Children's Code,

d. monitor the child's best interests throughout any judicial proceeding, and

e. present written reports on the child's best interests that include conclusions and recommendations and the facts upon which they are based.

5.  The guardian ad litem shall be given access to the court files and agency files and access to all documents, reports, records and other information relevant to the case and to any records and reports of examination of the child's parent or other custodian, made pursuant to the laws relating to child abuse and neglect including reports generated by service providers.

C.  1.  Whenever a court-appointed special advocate program is available to the court to serve as a guardian ad litem, priority shall be given to appointment of the court-appointed special advocate to serve as guardian ad litem for the child regardless of whether a guardian ad litem has been requested pursuant to the provisions of this subsection.

2.  A Court-Appointed Special Advocate Program shall be made available to each judicial district.

3.  For purposes of the Oklahoma Children's Code, the terms "court-appointed special advocate" and "guardian ad litem" shall have the same function.  In like manner, a court-appointed special advocate, except as specifically otherwise provided by law or by the court, shall have the same power, duties and responsibilities as assigned to a guardian ad litem by law and shall have such other qualifications, duties and responsibilities as may be prescribed by rule by the Supreme Court.

4.  A court-appointed special advocate shall serve without compensation.

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.

E.  The provisions of this section shall not apply to adoption proceedings and actions to terminate parental rights which do not involve a petition for deprived status of the child.  Such proceedings and actions shall be governed by the Oklahoma Adoption Code.

Added by Laws 1968, c. 282, § 109, eff. Jan. 13, 1969.  Amended by Laws 1970, c. 226, § 1; Laws 1971, c. 66, § 2, eff. Oct. 1, 1971; Laws 1977, c. 259, § 10, eff. Oct. 1, 1977; Laws 1979, c. 257, § 3, eff. Oct. 1, 1979; Laws 1982, c. 312, § 20, operative Oct. 1, 1982; Laws 1985, c. 313, § 1, eff. Nov. 1, 1985; Laws 1986, c. 263, § 4, operative July 1, 1986; Laws 1989, c. 363, § 6, eff. Nov. 1, 1989; Laws 1991, c. 296, § 24, eff. Sept. 1, 1991; Laws 1992, c. 298, § 22, eff. July 1, 1993; Laws 1994, c. 290, § 37, eff. July 1, 1994; Laws 1995, c. 352, § 21, eff. July 1, 1995.  Renumbered from § 1109 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 200, § 6, eff. Nov. 1, 1996; Laws 1997, c. 386, § 4, emerg. eff. June 10, 1997; Laws 1998, c. 5, § 3, emerg. eff. March 4, 1998; Laws 1998, c. 421, § 12, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 13, eff. July 1, 2000.


NOTE:  Laws 1997, c. 366, § 55 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998.


§10-7003-3.8.  Jury trial.

A parent entitled to service of summons, the state or a child shall have the right to demand a trial by jury only in the following circumstances:

1.  When the initial petition to determine if a child is deprived also contains a request for termination of parental rights; or

2.  When, following a hearing in which the child is adjudicated deprived, a request for termination of parental rights is filed by the state or the child.

The demand for a jury trial shall be granted unless waived, or the court on its own motion may call a jury to try any such case.  Such jury shall consist of six (6) persons.

Added by Laws 1968, c. 282, § 110, eff. Jan. 13, 1969.  Amended by Laws 1977, c. 259, § 11, eff. Oct. 1, 1977; Laws 1986, c. 179, § 1, eff. Nov. 1, 1986; Laws 1992, c. 298, § 23, eff. July 1, 1993; Laws 1995, c. 352, § 22, eff. July 1, 1995.  Renumbered from § 1110 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 2002, c. 473, § 1, eff. Nov. 1, 2002.


§10-7003-4.1.  Conduct of hearings.

A.  All cases of deprived children shall be heard separately from the trial of cases against adults.  The adjudicative hearings and hearings for termination of parental rights shall be conducted according to the rules of evidence.

1.   a. Except as otherwise provided by this paragraph, all deprived proceedings shall be private unless specifically ordered by the judge to be conducted in public, but persons having a direct interest in the case shall be admitted.

b. To the extent that deprived proceedings involve discussion of confidential information from any child abuse or neglect report and record, or any information obtained from the Department of Human Services concerning a child or family who is receiving Title IV-B child welfare services, Title IV-E foster care or adoption assistance, the confidentiality requirements of those programs apply.  Accordingly, such information shall not be discussed in open court.  To the extent that confidential information is relevant to the proceedings, it must be discussed in the court's chambers or some other restricted setting, and the pertinent sections of the transcript shall be kept confidential.

2.  Stenographic notes or other transcript of the hearings shall be kept as in other cases, but they shall not be open to inspection except by order of the court or as otherwise provided by law.

B.  A child who is determined to be competent to testify shall not refuse to be a witness in a hearing to determine whether or not the child is deprived, unless the privilege against self-incrimination is invoked.  The testimony of the child may be given as provided by this part or as otherwise authorized by law for the protection of child witnesses.

C.  A decision determining a child to be deprived must be based on sworn testimony and the child must have the opportunity for cross-examination unless the facts are stipulated.

Added by Laws 1968, c. 282, § 111, eff. Jan. 13, 1969.  Amended by Laws 1975, c. 252, § 1, emerg. eff. June 2, 1975; Laws 1991, c. 296, § 8, eff. Sept. 1, 1991; Laws 1992, c. 298, § 24, eff. July 1, 1993; Laws 1993, c. 302, § 1, eff. Sept. 1, 1993; Laws 1994, c. 290, § 38, eff. July 1, 1994; Laws 1995, c. 352, § 23, eff. July 1, 1995.  Renumbered from § 1111 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 2000, c. 374, § 14, eff. July 1, 2000.


§10-7003-4.2.  Admissibility of prerecorded statements of child age 12 or under who is victim of abuse.

A.  This section shall apply only to a proceeding affecting the parent-child, guardian-child or family relationship in which a child twelve (12) years of age or younger is alleged to have been abused, and shall apply only to the statement of that child or other child witness.

B.  The recording of an oral statement of the child made before the proceedings begin is admissible into evidence if:

1.  The court determines that the time, content and circumstances of the statement provide sufficient indicia of reliability;

2.  No attorney for any party is present when the statement is made;

3.  The recording is both visual and aural and is recorded on film or videotape or by other electronic means;

4.  The recording equipment is capable of making an accurate recording, the operator of the equipment is competent and the recording is accurate and has not been altered;

5.  The statement is not made in response to questioning calculated to lead the child to make a particular statement or is clearly shown to be the child's statement and not made solely as a result of a leading or suggestive question;

6.  Every voice on the recording is identified;

7.  The person conducting the interview of the child in the recording is present at the proceeding and is available to testify or be crossexamined by any party;

8.  Each party to the proceeding is afforded an opportunity to view the recording before the recording is offered into evidence; and

9.  A copy of a written transcript of the recording transcribed by a licensed or certified court reporter is provided to the parties.

Added by Laws 1984, c. 111, § 1, emerg. eff. April 9, 1984.  Amended by Laws 1995, c. 352, § 24, eff. July 1, 1995.  Renumbered from § 1147 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


§10-7003-4.3.  Taking testimony of child age 12 or under in room other than courtroom - Recording.

A.  This section shall apply only to a proceeding affecting the parent-child, guardian-child or family relationship in which a child twelve (12) years of age or younger is alleged to have been abused, and shall apply only to the testimony of that child or other child witness.

B.  The court may, on the motion of a party to the proceeding, order that the testimony of the child be taken in a room other than the courtroom and be televised by closed-circuit equipment in the courtroom to be viewed by the court, the finder of fact and the parties to the proceeding.  Only an attorney for each party, an attorney ad litem for the child or other person whose presence would contribute to the welfare and well-being of the child and persons necessary to operate the equipment may be present in the room with the child during the testimony of the child.  Only the attorneys for the parties may question the child.  The persons operating the equipment shall be confined to an adjacent room or behind a screen or mirror that permits them to see and hear the child during the testimony of the child, but does not permit the child to see or hear them.

C.  The court may, on the motion of a party to the proceeding, order that the testimony of the child be taken outside the courtroom and be recorded for showing in the courtroom before the court, the finder of fact and the parties to the proceeding.  Only those persons permitted to be present at the taking of testimony under subsection B of this section may be present during the taking of the child's testimony.  Only the attorneys for the parties may question the child, and the persons operating the equipment shall be confined from the child's sight and hearing.  The court shall ensure that:

1.  The recording is both visual and aural and is recorded on film or videotape or by other electronic means;

2.  The recording equipment is capable of making an accurate recording, the operator of the equipment is competent and the recording is accurate and has not been altered;

3.  Every voice on the recording is identified; and

4.  Each party to the proceeding is afforded an opportunity to view the recording before it is shown in the courtroom, and a copy of a written transcript transcribed by a licensed or certified court reporter is provided to the parties.

D.  If the testimony of a child is taken as provided by subsections B or C of this section, the child shall not be compelled to testify in court during the proceeding.

Added by Laws 1984, c. 111, § 2, emerg. eff. April 9, 1984.  Amended by Laws 1995, c. 352, § 25, eff. July 1, 1995.  Renumbered from § 1148 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


§10-7003-4.4.  Allegations of petition not supported by evidence.

If the court finds that the allegations of the petition are not supported by the evidence, the court shall order the petition dismissed and shall order the child discharged from any custody.  The child's parents, guardian or other legal custodian shall also be discharged from any restriction or other previous temporary order.

Added by Laws 1968, c. 282, § 113, eff. Jan. 13, 1969.  Amended by Laws 1995, c. 352, § 26, eff. July 1, 1995.  Renumbered from § 1113 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


§10-7003-4.5.  Order of adjudication finding child to be deprived.

A.  If the court finds that the allegations of a petition alleging a child to be deprived are supported by the evidence, and finds that it is in the best interests of the child and the public that the child be made a ward of the court, the court shall sustain the petition, and shall make an order of adjudication finding the child to be deprived and shall adjudge the child as a ward of the court.

B.  The order of adjudication shall include a statement that advises the parent that failure to comply with any requirements of the court may ultimately result in the loss of custody of the child or the termination of parental rights to the child.

C.  When a child has been adjudicated deprived, the court shall enter a dispositional order pursuant to the provisions of Section 7003.5-5 of this title.

Added by Laws 1968, c. 282, § 114, eff. Jan. 13, 1969.  Amended by Laws 1982, c. 312, § 21, operative Oct. 1, 1982; Laws 1986, c. 286, § 1, eff. Nov. 1, 1986; Laws 1990, c. 302, § 6, eff. Sept. 1, 1990; Laws 1992, c. 299, § 9, eff. July 1, 1992; Laws 1993, c. 10, § 1, emerg. eff. March 21, 1993; Laws 1994, c. 290, § 40, eff. July 1, 1994; Laws 1995, c. 352, § 27, eff. July 1, 1995.  Renumbered from § 1114 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1998, c. 421, § 13, emerg. eff. June 11, 1998.


NOTE:  Laws 1992, c. 298, § 25 repealed by Laws 1993, c. 10, § 16, emerg. eff. March 21, 1993.


§10-7003-4.6.  Returning child to home.

A.  The court, on its own motion or upon motion of a party, may determine that reasonable efforts to provide for the return of a child to the child's home or to preserve the family of the child shall not be required prior to or following the adjudicatory hearing if the court determines based upon competent evidence that:

1.  The parent, legal guardian or custodian has inflicted chronic abuse, chronic neglect or torture on the child, a sibling of the child or another child within the household where the child resides;

2.  The child or a sibling of the child:

a. has been previously adjudicated deprived pursuant to the Oklahoma Children's Code or laws from other states or territories as a result of sexual abuse or severe physical abuse,

b. following adjudication, has been removed from the custody of the parent, legal guardian or custodian,

c. has been returned to the custody of the parent, legal guardian or custodian from whom the child had originally been taken, and

d. has been removed from the custody of the parents, legal guardian or custodian of the child, pursuant to the provisions of the Oklahoma Children's Code, due to sexual abuse or severe physical abuse;

3.  The child is an abandoned infant;

4.  The parent, legal guardian or custodian of the child has been convicted of the murder of any child or aided or abetted, attempted, conspired or solicited the commission of murder of any child;

5.  The parent, legal guardian or custodian of the child has been convicted of voluntary manslaughter of another child of the parent, legal guardian or custodian or aided or abetted, attempted, conspired in or solicited the commission of voluntary manslaughter of another child of the parent, legal guardian or custodian or another child within the household where the child resided;

6.  The child has been adjudicated a deprived child, pursuant to the provisions of the Oklahoma Children's Code, as a result of a single incident of sexual abuse, severe neglect or a felonious assault resulting in serious bodily injury to the child, a sibling of the child, or a child within the household where the child resides, by the parent, legal guardian or custodian of the child;

7.  The child was conceived as a result of rape or an act committed outside of this state which if committed in this state would constitute rape.  This paragraph shall only apply to the parent who committed the rape or act and whose child has been placed out of the home;

8.  The parents have deserted a child without good cause or excuse and such desertion continues for a period of at least six (6) months immediately prior to the filing of the petition adjudicating the child deprived or petition to terminate parental rights;

9.  The parent of the child willfully abandoned the child without regard to length of abandonment, and the court finds that the abandonment itself constituted a serious danger to the health and safety of the child;

10.  A child has resided out of the child's home under court order for a cumulative period of more than one (1) year within a three-year period following a deprived child adjudication;

11. a. The court ordered a permanent plan of adoption, guardianship, or other permanent out-of-home placement for any siblings of the child because the parent failed to correct the conditions which led to initial court intervention with the sibling after the sibling had been removed from that parent, or

b. The parental rights of a parent over any sibling of the child had been permanently severed and, according to the findings of the court, the parent had not subsequently made a reasonable effort to correct the problems that led to removal of the sibling of that child from that parent;

12.  The parent, legal guardian or custodian who is or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state or who has been convicted of a sexual felony offense pursuant to Section 1024.2, 1031, 1040.52, 1040.53, 1081, 1085, 1086, 1117, 1118, 1119, 1192 or 1192.1 of Title 21 of the Oklahoma Statutes; or

13.  The parent, legal guardian or custodian of the child has a history of extensive, abusive and chronic use of drugs or alcohol and has resisted treatment for this problem during a three-year period immediately prior to the filing of the deprived petition which brought that child to the court's attention.

B.  Upon a determination by the court that any of the conditions specified in subsection A of this section exist, the court shall conduct a permanency hearing within thirty (30) days of the determination by the court pursuant to the provisions of Section 7003-5.6d of this title.  Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan.

C.  Except when a petition for the termination of parental rights is required to be filed pursuant to the provisions of Section 7003-4.7 of this title, the district attorney, the child's attorney, or both may file a petition for termination of parental rights.

Added by Laws 1998, c. 421, § 14, emerg. eff. June 11, 1998.  Amended by Laws 2000, c. 374, § 15, eff. July 1, 2000.


§10-7003-4.7.  Petition for termination by district attorney.

A.  The district attorney shall file a petition for termination of the parent-child relationship and parental rights with respect to a child or shall join in the petition, if filed by the child's attorney, in any of the following circumstances:

1.  Prior to the end of the fifteenth month when a child has been placed in foster care by the Department of Human Services for fifteen (15) of the most recent twenty-two (22) months.  For purposes of this paragraph, a child shall be considered to have entered foster care on the earlier of:

a. the date of adjudication as a deprived child, or

b. the date that is sixty (60) days after the date on which the child is removed from the home;

2.  Prior to the end of the fifteenth month when a child has been placed in foster care by the Department of Juvenile Justice or in a child-care institution, as defined in Section 472(c)(2) of the Social Security Act, by the Department of Juvenile Justice for fifteen (15) of the most recent twenty-two (22) months.  For purposes of this paragraph, a child shall be considered to have entered foster care on the earlier of:

a. the date of disposition as a delinquent, or

b. the date that is sixty (60) days after the date on which the child is removed from the home;  

3.  No later than sixty (60) days after a child has been judicially determined to be an abandoned infant;

4.  No later than sixty (60) days after a court has determined that reasonable efforts to reunite are not required due to a felony conviction of a parent who has:

a. committed the murder of any child or has aided or abetted, attempted, conspired in, or solicited the commission of the murder of any child,

b. committed voluntary manslaughter of another child of the parent, or has aided or abetted, attempted, conspired in, or solicited the commission of voluntary manslaughter of another child of the parent, or

c. committed a felony assault that has resulted in serious bodily injury to the child or to another child of the parent.

B.  If any of the following conditions exist, the district attorney is not required to file a petition as provided in subsection A of this section for a deprived child:

1.  At the option of the Department of Human Services or by order of the court, the child is properly being cared for by a relative;

2.  The Department of Human Services has documented in the child's case plan that is provided or available to the court a compelling reason for determining that filing the petition would not be in 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.

C.  If any of the following conditions exist, the district attorney is not required to file a petition as provided in subsection A of this section for a delinquent child:

1.  At the option of the Department of Juvenile Justice or by order of the court, the child is properly being cared for by a relative; or

2.  The Department of Juvenile Justice has documented in the child's case plan that is provided or available to the court a compelling reason for determining that filing the petition would not be in the best interests of the child.

Added by Laws 1998, c. 421, § 15, emerg. eff. June 11, 1998.  Amended by Laws 1999, c. 365, § 1, eff. Nov. 1, 1999; Laws 2002, c. 237, § 1, emerg. eff. May 9, 2002.


§10-7003-5.1.  Dispositional hearings - Additional reports or evidence.

A.  After making an order of adjudication for a deprived child, the court shall hold a dispositional hearing, at which all evidence helpful in determining the proper disposition best serving the interest of the deprived child, 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 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 Part 7 of this article, except where custody is placed with both parents.

C.  On its own motion or that of the district attorney, 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 temporary custody of the child, or his release from temporary custody subject to supervision by the court, during the period of the continuance.

Added by Laws 1968, c. 282, § 115, eff. Jan. 13, 1969.  Amended by Laws 1977, c. 259, § 12, eff. Oct. 1, 1977; Laws 1995, c. 352, § 28, eff. July 1, 1995.  Renumbered from § 1115 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


§10-7003-5.2.  Examination of child by physician or other appropriate professional - Order for care - Expenses - Emergency - Investigation.

A.  After a petition under the provisions of this part has been filed, the court may order the child to be examined and evaluated by a physician or other appropriate professional to aid the court in making the proper disposition concerning the child.  The court may order a mental health evaluation of a child as provided by the Inpatient Mental Health Treatment of Children Act.

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.

C.  After adjudication and at the request of a judge in any juvenile proceeding, the Department shall investigate the home conditions and environment of the child and the financial ability, occupation and earning capacity of the parent, legal guardian or custodian of the child.  Upon request by the court of another state, the Department may conduct a similar investigation.

Added by Laws 1968, c. 282, § 120, eff. Jan. 13, 1969.  Amended by Laws 1977, c. 259, § 13, eff. Oct. 1, 1977; Laws 1982, c. 312, § 22, operative Oct. 1, 1982; Laws 1986, c. 286, § 3, eff. Nov. 1, 1986; Laws 1990, c. 302, § 9, eff. Sept. 1, 1990; Laws 1992, c. 298, § 30, eff. July 1, 1993; Laws 1995, c. 352, § 29, eff. July 1, 1995.  Renumbered from § 1120 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


NOTE:  Laws 1990, c. 51, § 6 repealed by Laws 1991, c. 335, § 36, emerg. eff. June 15, 1991.


§10-7003-5.3.  Individual treatment and service plan.

A.  An individual treatment and service plan shall be filed with the court within thirty (30) days after a child has been adjudicated to be deprived.

B.  The plan shall be filed by the Department of Human Services or the agency responsible for the supervision of the case, or by the Department or the agency or licensed child-placing agency having custody of the child if the child has been removed from the custody of its lawful parent or parents.

C.  The treatment and service plan shall be based upon a comprehensive assessment and evaluation of the child and family.  The plan shall be:

1.  Developed with the participation or input of the parent, legal guardian, or custodian of the child, the child's attorney and the guardian ad litem of the child, if any, and, if appropriate, the child;

2.  Individualized and specific to each child and the child's family.  The plan shall contain specific time frames;

3.  Written in simple and clear English.  If English is not the principal language of the child's parent, legal guardian, or custodian, and such person is unable to read or comprehend the English language, to the extent possible the plan shall be written in such person's principal language;

4.  Subject to modification based on changing circumstances consistent with the correction of the conditions that led to the adjudication of the child; and

5.  Reasonable, accurate, and in compliance with the requirements of other court orders.

D.  The individual treatment and service plan shall include, but not be limited to:

1.  A history of the child and family, including identification of the problems leading to the deprived child adjudication.  The statement of the conditions leading to the adjudication shall include a statement of the methods to be used to correct those conditions or to achieve permanent placement of the child;

2.  Identification of the specific services to be provided to the child, including, but not limited to, educational, vocational educational, medical, drug or alcohol abuse treatment, or counseling or other treatment services, and identification of the services to be provided to the parent, legal guardian, custodian, stepparent, other adult person living in the home or other family members, to remediate or alleviate the conditions that led to the adjudication, including services needed to assist the family to provide safe and proper care of the child or to prevent further harm to the child;

3.  A schedule of the frequency of services or treatment and the means by which delivery of the services or treatment will be assured or, as necessary, the proposed means by which support services or other assistance will be provided to enable the parent or the child to obtain the services or treatment;

4.  The name of the social worker assigned to the case;

5.  If the child is placed outside the home:

a. the services to be provided during and after any such placement,

b. the reasons for such placement and a statement as to the unavailability or inappropriateness of local placement, or other good cause, for any placement more than forty (40) miles from the home of the child,

c. the services to be provided to the child to ensure safe and proper care while in such placement and the projected date of discharge,

d. the services necessary to assist the child to reintegrate with the child's family or other community-based placement and a description of acts by and conduct that is expected of the parent or parents, legal guardian, custodian, or stepparent or other adult person living in the home that would alleviate the conditions that resulted in the removal of the child before the child can be returned to a safe home,

e. if the child is sixteen (16) years of age or older, the services necessary to make the transition from foster care or other community placement to independent living,

f. a description of the type of safe and proper placement in which the child is to be placed,

g. a description of the initial support obligation to the child, as determined by the court,

h. a description of any visitation rights and obligations of the parent or parents, legal guardian, or custodian during the period the child is in care, and

i. a discussion of the safety and appropriateness of the child's placement, which placement is intended to be in the least restrictive and most family-like setting available, consistent with the best interests and special needs of the child and in as close proximity as possible to the child's home;

6.  Performance criteria that will measure the progress of the child and family toward completion of the treatment and service plan including, but not limited to, time frames for achieving objectives and addressing the identified problems;

7.  A projected date for the completion of the treatment and service plan;

8.  The name and business address of the attorney representing the child;

9.  The permanency goal for the child and the reason for selection of that goal; and

10.  a. In the case of a child with respect to whom the permanency plan is adoption or placement in other permanent placement, documentation of the steps the Department is taking to:

(1) find an adoptive family or other permanent living arrangement for the child,

(2) place the child with an adoptive family, a fit and willing kinship relation, a legal guardian, kinship guardian, or in another planned permanent living arrangement, and

(3) finalize the adoption or guardianship, kinship guardianship or other permanent placement.

b. Such documentation shall include, at a minimum, child-specific recruitment efforts such as the use of state, regional and national adoption exchanges, including electronic exchange systems.

E.  Each treatment plan shall specifically provide for the safety of the child, in accordance with state and federal law, and clearly define what actions or precautions will, or may, be necessary to provide for the safety and protection of the child.

F.  The individual treatment and service plan shall include the following statement:

TO THE PARENT:  THIS IS A VERY IMPORTANT DOCUMENT.  ITS PURPOSE IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE HOME WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN.  IF YOU ARE UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE HOME, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU.

G.  Whenever a child who is subject to the provisions of this section is committed for inpatient mental health or substance abuse treatment pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act, the individual treatment and service plan shall be amended as necessary and appropriate, including, but not limited to, identification of the treatment and services to be provided to the child and the child's family upon discharge of the child from inpatient mental health or substance abuse treatment.

H.  In addition to the information required pursuant to subsection A of this section, when a child, who at birth tested positive for alcohol or a controlled dangerous substance and who was determined to be at risk for future exposure to such substances, has been removed from the home, the Department of Human Services, subject to court approval:

1.  May require, as part of the treatment and service plan, that the mother of such child complete a treatment program approved by the Alcohol and Drug Abuse Prevention, Training, Treatment and Rehabilitation Authority prior to the return of the child to a safe home;

2.  May require, as part of the treatment and service plan, that the father of the child, legal guardian, custodian, stepparent or other adult person living in the home who is an alcohol-dependent or a drugdependent person, as such terms are defined by Section 3403 of Title 43A of the Oklahoma Statutes, and whose conduct has contributed to the dependency of such child or mother on alcohol or drugs, or to the conditions which caused the child to be adjudicated deprived, complete a treatment program approved by the Alcohol and Drug Abuse Prevention, Training, Treatment and Rehabilitation Authority prior to the return of the child to the safe home; and

3.  May require testing for substance abuse of the mother, father, legal guardian, custodian, stepparent or other adult person living in the home, on a monthly basis for a twelvemonth period following completion of the substance abuse program and after return of the child to a safe home.  A positive test of any such person shall be presented to the Department of Human Services and the district attorney.

I.  Testing ordered by the court pursuant to subsection H of this section shall be admissible only for the purposes of deprived child and custody proceedings.

J.  The services delineated in the individual treatment and service plan shall be designed to improve the conditions in the family home and aid in maintaining the child in a safe home, to facilitate the return of the child to the family home, or to facilitate the permanent placement of the child.  The plan shall focus on clearly defined objectives and shall provide the most efficient path to quick reunification or permanent placement.  To the extent possible, the plan shall contain outcome based evaluation criteria that measure success in the reunification or permanent placement process.

K.  In the event that the parent or parents are unwilling to participate in the development or implementation of the individual treatment and service plan, the Department shall document such unwillingness in writing to the parent or parents and shall file the document with the court.

L.  The parents, any foster parents of the child, the child's attorney and the guardian ad litem of the child, if any, shall be each provided a copy of the treatment and service plan approved by the court.

Added by Laws 1981, c. 289, § 2, eff. Oct. 1, 1981.  Amended by Laws 1983, c. 113, § 1, eff. Nov. 1, 1983; Laws 1989, c. 213, § 1, emerg. eff. May 9, 1989; Laws 1989, c. 339, § 1, emerg. eff. June 2, 1989; Laws 1990, c. 272, § 1, eff. Sept. 1, 1990; Laws 1991, c. 296, § 18, eff. Sept. 1, 1991; Laws 1992, c. 298, § 26, eff. July 1, 1993; Laws 1995, c. 352, § 30, eff. July 1, 1995.  Renumbered from § 1115.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 353, § 20, eff. Nov. 1, 1996; Laws 1997, c. 389, § 2, eff. Nov. 1, 1997; Laws 1998, c. 5, § 4, emerg. eff. March 4, 1998; Laws 1998, c. 421, § 16, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 16, eff. July 1, 2000; Laws 2002, c. 327, § 18, eff. July 1, 2002.


NOTE:  Laws 1997, c. 386, § 5 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998.


§10-7003-5.4.  Information to accompany child placed outside child's home.

A.  The court shall ensure that the following information accompanies any deprived child placed outside the child's home as soon as the information becomes available:

1.  Demographic information;

2.  Strengths, needs and general behavior of the child;

3.  Circumstances which necessitated placement;

4.  Type of custody and previous placement;

5.  Pertinent family information including, but not limited to, the names of family members who are and who are not, by court order, allowed to visit the child and the child's relationship to the family which may affect placement;

6.  Known and important life experiences and relationships which may significantly affect the child's feelings, behavior, attitudes or adjustment;

7.  Whether the child has third-party insurance coverage which may be available to the child;

8.  Education history to include present grade placement, last school attended, and special strengths and weaknesses.  The Department of Human Services shall also assist the foster parents in getting the foster child's school records and gaining school admission; and

9.  Known or available medical history including, but not limited to:

a. allergies,

b. immunizations,

c. childhood diseases,

d. physical handicaps,

e. psycho-social information, and

f. the name of the child's last doctor, if known.

B.  When the Department of Human Services places a child in out-of-home care, the Department shall provide the placement providers with sufficient medical information to enable the placement providers to care for the child safely and appropriately.  Such medical information shall include, but not be limited to:

1.  Any medical or psychological conditions;

2.  Diseases, illnesses, accidents, allergies, and congenital defects;

3.  The child's Medicaid card or information on any other third-party insurer, if any; and

4.  Immunization history.

C.  1.  When the Department places a child in out-of-home care, the placement providers may request the Department to provide contagious or infectious screening examinations or tests on the child and provide the results to such placement providers.

2.  The Department shall provide for the examinations or tests on the child in accordance with rules promulgated by the Commission for Human Services and based on the Centers for Disease Control guidelines for time and frequency of testing, and shall, for a child, regardless of age, in the Department's emergency or temporary custody, obtain the parental consent or, if parental consent cannot be obtained due to refusal or inability to locate, the Department shall have the authority to give consent for such examinations or tests and the release of such results to the placement providers.  Any parental consent received by the Department, pursuant to the provisions of this section, shall also apply to any future examinations or tests and release of such results as deemed necessary by the Department upon the request of the placement providers.  The Department has the authority to consent to the examinations or tests and the release of such test results for a child, regardless of age, in the Department's permanent custody.

3.  The Department may also designate other persons who may request the performance of such examinations or tests on the child, including, but not limited to, Department employees, direct caregivers and physicians.

D.  The Department or child-placing agency throughout the child's placement shall inform the foster parent of any costs and expenses related to providing foster care services for the child for which the foster parent may be eligible for reimbursement.

Added by Laws 1981, c. 289, § 3, eff. Oct. 1, 1981.  Amended by Laws 1995, c. 352, § 31, eff. July 1, 1995.  Renumbered from § 1115.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 353, § 21, eff. Nov. 1, 1996; Laws 1997, c. 2, § 1, emerg. eff. Feb. 26, 1997; Laws 1997, c. 389, § 3, eff. Nov. 1, 1997; Laws 1998, c. 5, § 5, emerg. eff. March 4, 1998; Laws 1998, c. 421, § 17, emerg. eff. June 11, 1998.


NOTE:  Laws 1996, c. 212, § 1 repealed by Laws 1997, c. 2, § 26, emerg. eff. Feb. 26, 1997.  Laws 1997, c. 386, § 6 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998.


§10-7003-5.4a.  Movement of child in custody of Department of Human Services - Notification - Court approval.

A.  1. a. The Department of Human Services shall notify the court having jurisdiction, the appropriate postadjudication review board, the appropriate district attorney, the child's attorney and court-appointed special advocate of the child, if any, whenever a child in the custody of the Department is moved from one location to another.

b. The Department shall notify the foster family prior to movement of the child pursuant to the provisions of Section 7208 of this title.

c. The Department shall inform the court and the child's attorney of the location of the child.

2.  If the movement was due to an emergency situation, the notification required by this subsection shall be within one (1) business day after such movement.  As used in this subsection, "emergency situation" means movement of a child that is:

a. requested by the child-placing agency or foster parent of the child, if the request is made at a time when the business offices of the parties to be notified are closed,

b. for emergency medical or mental health treatment,

c. for substantial noncompliance by a foster parent or child-placing agency with applicable placement standards and agreements such that the health, safety or welfare of the child is endangered, or

d. due to a pending investigation of an allegation of abuse or neglect of a child by a foster parent or child-placing agency or other person residing in the foster family home.

B.  1.  The Department shall not move any deprived child from one placement to another if the child has already been moved once since the last court hearing without first obtaining the approval of the court following a hearing into the reasons and necessity for moving the child.

2.  However, the Department may move any child due to an emergency pursuant to subsection A of this section, in which case a hearing shall be conducted concerning the reasons and necessity for moving the child, if requested in writing, within ten (10) days following the moving of the child.

3.  Court approval shall not be required for movement to or from a children's shelter due to an emergency, including a placement failure, a placement disruption, or similar cause.

Added by Laws 1996, c. 353, § 22, eff. Nov. 1, 1996.  Amended by Laws 1997, c. 389, § 4, eff. Nov. 1, 1997; Laws 2000, c. 374, § 17, eff. July 1, 2000.


§10-7003-5.5.  Disposition orders.

A.  1.  When a child has been adjudicated deprived pursuant to the provisions of Section 7003-4.5 of this title, the court may enter a dispositional order on the same day, but in any event the court shall hold a dispositional hearing and enter such order within forty (40) days of such adjudication unless the court finds on the record that the best interests of the child will be served by granting a delay.

2.  If the court grants a delay, the court shall state why the delay is necessary and shall state the minimum amount of time needed to resolve any such reasons for the delay.  The court shall schedule the dispositional hearing at the earliest possible time following the delay.

B.  If the child is removed from the custody of the child's parent, the court or the Department of Human Services, as applicable, shall immediately consider concurrent permanency planning, so that permanency may occur at the earliest opportunity.  Consideration should be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child.

C.  The following kinds of orders of disposition may be made in respect to wards of the court pursuant to a deprived child proceeding:

1.   a. The court may place the child under supervision by the Department of Human Services in the child's own home, or in the custody of a suitable person elsewhere.  If a child has been removed from the custodial parent of the child and the court, in the best interests of the child, is unable to release the child to the custodial parent, the court shall give priority for placement of the child with the noncustodial parent of the child unless such placement would not be in the child's best interests.  If the court cannot place the child with the noncustodial parent, custody shall be consistent with the provisions of Section 21.1 of this title.  If custody of the child cannot be made pursuant to the provisions of Section 21.1 of this title, the reason for such determination shall be documented in the court record.  The court may require the parent or other person to comply with such conditions as the court may require and to give security by bond, with surety or sureties approved by the court, for compliance with such order.

b. If it is consistent with the welfare of the child, the child shall be returned to the child's parent, legal guardian or custodian.  Provided, that if it appears to the court that the conduct of the parent, legal guardian, custodian, or that a stepparent or other adult person living in the home has contributed to such deprivation, the court may issue a written order specifying conduct to be followed by such parent, legal guardian, custodian, stepparent or other adult person living in the home with respect to such child.  The conduct specified shall be such as would reasonably prevent the child from becoming or continuing to be deprived.

c. The order placing the child under supervision by the Department in the child's own home shall remain in effect for a period of not more than one (1) year, to be specified by the court, and the order may be extended or renewed by the court.

2.  The court may place the child in the custody of a suitable individual subject to the conditions and restrictions specified in Section 7003-8.1 of this title.

3.  The court may place the child in the custody of a private institution or agency, including any institution established and operated by the county, authorized to care for children or to place them in family homes.  In placing a child in a private institution or agency, the court shall select one that is licensed by the Department or any other state department supervising or licensing private institutions and agencies; or, if such institution or agency is in another state, by the analogous department of that state.  Whenever the court shall place a child in any institution or agency, it shall transmit with the order of commitment a summary of its information concerning the child, and such institution or agency shall give to the court such information concerning the child as the court may at any time require.

4.  The court may order the child to receive counseling or other community-based services as necessary.

5.  The court may place the child in the custody of the Department.

6.  If the child has been placed outside the home, and it appears to the court that the parent, legal guardian, custodian, stepparent, or other adult person living in the home has contributed to the deprivation of the child, the court may order that the parent, legal guardian, custodian, stepparent, or other adult living in the home be made subject to any treatment or placement plan prescribed by the Department or other person or agency receiving custody of the child.

7. a. The court may order a child's permanent care and custody transferred to another person, subject to residual parental rights and responsibilities and subject to such orders of the court as deemed necessary for the health, safety or welfare of the child pursuant to the provisions of this paragraph, upon the written consent of both parents of the child or upon the consent of one parent only if:

(1) the other parent is deceased,

(2) the other parent has been determined by a court of law to be incompetent or incapacitated,

(3) the other parent's whereabouts or identity is unknown.  This fact shall be attested to by an affidavit of the consenting parent,

(4) the other parent who is eighteen (18) years of age or older, has signed a statement consenting to the transfer, executed before a notary public,

(5) the parental rights of the other parent has been terminated,

(6) the other parent has been or is found by the court of law to be unfit or unable to exercise parental rights and responsibilities for the child based upon situations enumerated in Section 7006-1.1 of this title,

(7) is or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state, or

(8) has abandoned the child or is determined by the court to be otherwise unfit to assume custody of the child for any other reason.

b. Prior to the entry of an order transferring the permanent care and custody of a child, the court shall receive an investigation and report regarding the background and home of the prospective custodian.  Such investigation and report of the prospective custodian shall be made pursuant to the requirements of the Oklahoma Adoption Code.  The Department of Human Services shall only be required by the court to make the home study and report as specified by this paragraph in the following circumstances:

(1) the Department has previously conducted a home study on the prospective custodian within the past three (3) years, or

(2) the child is in the custody or under the legal supervision of the Department.

c. Upon the entry of an order providing for the transfer of the permanent care and custody of a child, the order shall remain in full force and effect until:

(1) the child reaches the age of eighteen (18) years,

(2) the child marries or is legally emancipated, or

(3) the parent who consented to the transfer of the permanent care and custody of the child petitions the court for the recovery of the child and the court finds after evidentiary hearing:

(a) the child has been abused or neglected while in the care and custody of the custodian, and

(b) it is in the best interests of the child that custody of the child be returned to the parents,

(4) the district attorney, attorney for the child, or custodian petitions the court for modification of the order transferring permanent care and custody and the court finds after evidentiary hearing that it is in the best interests of the child for the order to be modified and the custody of the child be given to another person, pursuant to the Oklahoma Guardianship and Conservatorship Act or the Oklahoma Children's Code,

(5) the order terminates because of the death or incapacity of the custodian or the death of the child, or

(6) the child is adopted.

d. An order providing for the transfer of the permanent care and custody of a child:

(1) shall require that the placement be reviewed within one (1) year after transfer and may require the person to whom custody is transferred to submit any records or reports the court deems necessary for purposes of such review.  Such order shall not require the Department to supervise the placement during such period,

(2) shall not require periodic reviews by the court thereafter if the parties agree with the assent of the court that such reviews are not necessary to serve the best interests of the child, and

(3) unless periodic reviews are required pursuant to this subparagraph, the court may close the case, provided the order transferring the permanent care and custody of the child shall remain in full force and effect subject to the provisions of subparagraph b of this paragraph.

8. a. When reunification of the family is not recommended or possible, as determined by the court, the court may order a child's permanent care and custody transferred to a kinship guardian subject to residual parental rights and responsibilities and subject to such orders of the court as deemed necessary for the health, safety or welfare of the child.  Kinship guardianship shall include, but not be limited to, the following parental responsibilities with respect to a child:

(1) protection,

(2) education,

(3) care and control,

(4) custody, and

(5) decision making.

b. A kinship foster parent may file a petition with the court to be appointed as kinship guardian for a child.

c. The petition for kinship guardianship shall allege that:

(1) the child is in the legal custody of the Department,

(2) more than twelve (12) months have passed since the date of the dispositional order placing such child in the legal custody of the Department,

(3) the parents of the child are presently and for the foreseeable future unable to provide proper and adequate care for the child,

(4) the prospective kinship guardian consents to the appointment,

(5) the child has resided with the kinship foster parent and there exists a loving and emotional tie between the child and the kinship foster parent, and

(6) it would be in the best interests of the child for the petition to be granted.

d. Notice of the petition and a copy of the petition shall be served upon the parties, the Department, and the guardian ad litem of the child, if any.

e. Prior to the entry of an order appointing a kinship guardian, the court shall receive the most recent report regarding the background and home of the prospective kinship guardian.

f. If the court finds that the elements of the petition have been proven based on clear and convincing evidence, or upon the consent of all parties, the court shall grant the petition.

g. An order appointing a person as a kinship guardian shall award custody of the child to the kinship guardian.  A kinship guardian shall have the same authority as a parent to consent on behalf of a child, except that a kinship guardian shall not consent to the adoption or surrender of a child.

h. Upon the entry of an order providing for the transfer of the permanent care and custody of a child to a kinship guardian, the order shall remain in full force and effect until:

(1) the child reaches the age of eighteen (18) years,

(2) the child is married or legally emancipated,

(3) the court finds after evidentiary hearing:

(a) the child has been abused or neglected while in the care and custody of the kinship guardian, and

(b) it is in the best interests of the child that custody of the child be returned to the parents,

(4) the district attorney, an attorney for the child, or the kinship guardian petitions the court for modification of the order transferring permanent care and custody to a kinship guardian and the court finds after evidentiary hearing that it is in the best interests of the child for the order to be modified and the custody of the child be given to another person, pursuant to the Oklahoma Guardianship and Conservatorship Act or the Oklahoma Children's Code,

(5) the order terminates because of the death or incapacity of the kinship guardian or the death of the child, or

(6) the child is adopted.

i. An order appointing a kinship guardian shall:

(1) require that the placement be reviewed within one (1) year after transfer and may require the kinship guardian to whom custody is transferred to submit any records or reports the court deems necessary for purposes of such review.  Such order shall not require the Department to supervise the placement during such period,

(2) not require periodic reviews by the court thereafter if the parties agree with the assent of the court that such reviews are not necessary to serve the best interests of the child, unless periodic reviews are otherwise required by the court, and

(3) unless periodic reviews are required, the court may close the case, provided the order transferring permanent care and custody to a kinship guardian shall remain in full force and effect subject to the provisions of this subparagraph.

j. Except as otherwise provided by the court, the appointment of a kinship guardian shall not affect or impair the visitation rights of a parent.

9.  Except as otherwise provided by law, the court may dismiss the petition and terminate its jurisdiction at any time for good cause shown when doing so is in the best interests of the child.

D.  Any order entered pursuant to this section shall include a statement informing the child's parent that the consequences of noncompliance with the requirement of the court may include termination of the parent's rights with respect to the child or shall include a statement informing the child's legal guardian or custodian that the consequences of noncompliance with the requirement of the court may include removal of the child from the custody of the legal guardian or custodian.

E.  1.  Except as otherwise provided in subsection F of this section, in any dispositional order removing a child from the home of the child, the court shall make a determination as to whether, in accordance with the best interests of the child:

a. reasonable efforts have been made to provide for the safe return of the child to the child's own home, or

b. reasonable efforts to reunite the family are not feasible, and reasonable efforts are being made to secure an alternate permanent placement for the child.

2.  In determining reasonable efforts to be made with respect to a child and in making such reasonable efforts, the child's health, safety or welfare shall be the paramount concern.

F.  1.  At any hearing held pursuant to the provisions of this section, if the court finds that continuation of reasonable efforts to return the child home are inconsistent with the permanency plan for a child, the court shall determine whether reasonable efforts have been made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child.

2.  Reasonable efforts to reunite the child with the child's family shall not be required however, pursuant to the provisions of Section 7003-4.6 of this title.

G.  1.  If it is consistent with the welfare of the child, in cases where the child has been adjudicated to be deprived due to repeated absence from school, the court may order counseling and treatment for the child and the parents of the child to be provided by the local school district, the county, the Department or a private individual or entity.

2.  Prior to final disposition, the court shall require that it be shown by the appropriate school district that a child found to be truant has been evaluated for literacy, learning disabilities, mental retardation, and hearing and visual impairments and other impediments which could constitute an educational handicap.  The results of such tests shall be made available to the court for use by the court in determining the disposition of the case.

3.  No child who has been adjudicated deprived upon the basis of noncompliance with the mandatory school attendance law alone may be placed in a public or private institutional facility or be removed from the custody of the lawful parent, legal guardian or custodian of the child.

4.  A deprived adjudication based solely upon repeated absence from school shall not constitute a ground for termination of parental rights.

H.  In any dispositional order involving a child sixteen (16) years of age or older, the court shall make a determination, where appropriate, of the services needed to assist the child to make the transition from out-of-home care to independent living.

I.  1.  If reasonable efforts are required for the return of the child to the child's home, the court shall allow the parent of the child not less than three (3) months to correct conditions which led to the adjudication of the child as a deprived child prior to terminating the parental rights of the parent pursuant to the provisions of Section 7006-1.1 of this title.

2.  The court shall not terminate the rights of a parent who has not been notified that the parental rights might be terminated.

3.  If the court terminates the rights of a parent and places the child with an individual or agency, the court may invest in such individual or agency authority to consent to the adoption of the child.  Provided, that where the court places the child with the Department, 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 such child, invest the Department with authority to consent to the adoption of the child, and the jurisdiction of the committing court shall terminate upon final decree of adoption.

Added by Laws 1968, c. 282, § 116, eff. Jan. 13, 1969.  Amended by Laws 1977, c. 79, § 3; Laws 1979, c. 248, § 2, eff. Oct. 1, 1979; Laws 1981, c. 238, § 3, eff. Oct. 1, 1981; Laws 1982, c. 312, § 23, operative Oct. 1, 1982; Laws 1986, c. 286, § 2, eff. Nov. 1, 1986; Laws 1989, c. 125, § 1, eff. Nov. 1, 1989; Laws 1989, c. 363, § 8, eff. Nov. 1, 1989; Laws 1990, c. 100, § 2, operative July 1, 1990; Laws 1990, c. 302, § 7, eff. Sept. 1, 1990; Laws 1991, c. 296, § 17, eff. Sept. 1, 1991; Laws 1992, c. 298, § 27, eff. July 1, 1993; Laws 1993, c. 74, § 2, eff. Sept. 1, 1993; Laws 1994, c. 95, § 1, eff. Sept. 1, 1994; Laws 1994, c. 290, § 41, eff. July 1, 1994; Laws 1995, c. 352, § 32, eff. July 1, 1995.  Renumbered from § 1116 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1997, c. 389, § 5, eff. Nov. 1, 1997; Laws 1998, c. 421, § 18, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 18, eff. July 1, 2000; Laws 2001, c. 141, § 3, emerg. eff. April 30, 2001.


NOTE:  Laws 1990, c. 272, § 2 repealed by Laws 1991, c. 296, § 32, eff. Sept. 1, 1991.


§10-7003-5.5a.  Period of supervision.

Every child who has been returned to a person named in a petition shall be supervised for a period of six (6) months prior to dismissal of the case; provided, the court may increase or decrease the duration of such supervision as the best interests of the child may require.  Supervision by the Department of Human Services during this period shall be in accordance with rules promulgated by the Commission for Human Services.

Added by Laws 1998, c. 416, § 5, eff. Nov. 1, 1998.  Amended by Laws 2004, c. 452, § 1, eff. Nov. 1, 2004.


§10-7003-5.6.  Review of case.

A.  Every case regarding a child alleged or adjudicated to be deprived shall be reviewed by the court at a hearing no later than six (6) months from the date of the child's out-of-home placement and at least once every six (6) months thereafter.  A review hearing may be held concurrently with a permanency hearing.  A child shall be considered to have entered an out-of-home placement on the earlier of the adjudication date or the date that is sixty (60) days after the date on which the child is removed from the home.  Such reviews shall continue until such time as:

1.  The conditions which caused the child to be adjudicated have been corrected;

2.  The parental rights of the parent are terminated and a final adoption decreed or the child is placed with a suitable custodian or kinship guardian; or

3.  Until the court otherwise terminates jurisdiction.

B.  The provisions of this section shall also apply to a child who has been removed from the home of the parent or parents, legal guardian or custodian of the child after the child has been returned to that home.

C.  The court may set a case for a review hearing upon the motion of a party at any time, if the hearing is deemed by the court to be for the health, safety or welfare of the child and in the best interests of the child.

D.  In addition to the parties, adequate prior written notice of review hearings, as determined by the Department pursuant to rules promulgated by the Commission for Human Services, shall be provided by the Department to the current foster parents, and an opportunity to be heard at such hearings shall be provided by the court to the current foster parent of a child, the child's guardian ad litem, and to any preadoptive parent or relative providing care for the child.  Such notice and opportunity to be heard shall not be construed as requiring any foster parent, preadoptive parent or relative to be made a party to such deprived proceedings if not currently a party to the action.

E.  The court shall receive all evidence helpful in deciding the issues before the court including, but not limited to, oral and written reports, which may be admitted and relied upon to the extent of their probative value, even though not competent for purposes of an adjudicatory hearing.

F.  At each review hearing the court shall:

1.  Determine whether:

a. the child should be returned to the child's parent or placed with willing and suitable kinship relations.  Before a return to the child's parent is ordered, the court must find that the parties:

(1) have complied with, performed, and completed the terms and conditions of the individual treatment and service plan which are essential and fundamental to the health, safety or welfare of the child as determined by the court,

(2) have corrected those conditions which caused the child to be adjudicated and which the court determines to be essential and fundamental to the health, safety or welfare of the child,

(3) have made marked progress towards reunification with the child, and

(4) have maintained a close and positive relationship with the child,

b. the child should continue in out-of-home placement for a specified period.  The court shall project a likely date by which the child may be:

(1) returned to and safely maintained in the home,

(2) placed with a willing and suitable guardian or custodian, or

(3) placed for adoption, or other permanent arrangement,

c. the rights of the parent of the child should be terminated and the child placed for adoption, placed with a guardian or custodian, or provided with another permanent arrangement, or

d. the child, because of exceptional circumstances, should remain in long-term out-of-home placement as a permanent plan or with a goal of independent living;

2.  Make a determination as to whether:

a. reasonable efforts have been made to provide for the safe return of the child to the child's own home.  In determining reasonable efforts, the child's health, safety or welfare shall be the paramount concern.  If the court determines or has previously determined that reasonable efforts are not required, pursuant to the provisions of Section 7003-4.6 of this title, or that continuation of reasonable efforts to reunite the child with the child's family is inconsistent with the permanency plan for the child, the court shall determine if reasonable efforts are being made to place the child in a timely manner in accordance with the permanency plan and to complete steps necessary to finalize permanent placement for the child, and

b. where appropriate, when the child is sixteen (16) years of age or older, services are being provided that will assist the child in making the transition from foster care to independent living;

3.  Determine the safety of the child and consider fully all relevant prior and current information including, but not limited to, the report or reports submitted pursuant to Sections 7208 and 7003-5.6a of this title;

4.  Inquire as to the nature and extent of services being provided the child and parent or parents of the child and shall direct that additional services be provided if necessary to ensure the safety of the child and to protect the child from further physical, mental, or emotional harm, or to correct the conditions that led to the adjudication; and

5.  Order such modification to the existing individual treatment and service plan as the court determines to be in the best interests of the child and necessary for the correction of the conditions that led to the adjudication of the child.

Added by Laws 1981, c. 289, § 1, eff. Oct. 1, 1981.  Amended by Laws 1983, c. 113, § 2, eff. Nov. 1, 1983; Laws 1989, c. 126, § 1, emerg. eff. May 1, 1989; Laws 1990, c. 272, § 3, eff. Sept. 1, 1990; Laws 1991, c. 296, § 19, eff. Sept. 1, 1991; Laws 1992, c. 298, § 28, eff. July 1, 1993; Laws 1992, c. 373, § 3, eff. July 1, 1992; Laws 1994, c. 290, § 42, eff. July 1, 1994; Laws 1995, c. 352, § 33, eff. July 1, 1995.  Renumbered from § 1116.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 353, § 23, eff. Nov. 1, 1996; Laws 1997, c. 389, § 6, eff. Nov. 1, 1997; Laws 1998, c. 421, § 19, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 19, eff. July 1, 2000; Laws 2002, c. 237, § 2, emerg. eff. May 9, 2002; Laws 2004, c. 452, § 2, eff. Nov. 1, 2004.


NOTE:  Laws 1992, c. 299, § 10 repealed by Laws 1992, c. 373, § 22, eff. July 1, 1992.


§10-7003-5.6a.  Review hearing - Reports - Child's access to counsel.

A.  The Department of Human Services or the agency having supervision of the case or, if the child has been removed from the custody of its parents, the Department or the agency or child-placing agency having custody of such child shall cause to be prepared for each review hearing required herein a written report concerning each child who is the subject of such review.

B.  Such report shall include, but not be limited to:

1.  A summary of the physical, mental, and emotional condition of the child, the conditions existing in the out-of-home placement where the child has been placed, and the child's adjustment thereto;

2.  A report on the child's progress in school and, if the child has been placed outside the child's home, the visitation exercised by the parents of such child or other persons authorized by the court;

3.  Services being provided to a child sixteen (16) years of age or older to assist in the transition from out-of-home care or other community placement to independent living; and

4.  If the Department is responsible for supervision of the child or is the legal custodian of the child, any efforts on the part of the parent or parents to correct the conditions which caused the child to be adjudicated deprived.  Specific recommendations, giving reasons therefor, whether:

a. the parental rights of the parent or parents of the child should be terminated and the child placed for adoption,

b. the child should remain in the home or be placed outside the home of the child's lawful parents, or

c. the child should remain outside the home or be returned to the home from which the child was removed.

C.  The attorney representing a child and the guardian ad litem of a child, if any, whose case is being reviewed may submit a report to the court for presentation at the review hearing to assist the court in reviewing the placement or status of the child.  The legal custodian shall not deny to a child the right of access to counsel and shall facilitate such access.

Added by Laws 1996, c. 353, § 24, eff. Nov. 1, 1996.  Amended by Laws 1998, c. 421, § 20, emerg. eff. June 11, 1998.


§10-7003-5.6b.  Supported guardianship and long-term or permanent foster care.

A.  1.  Pursuant to the provisions of this subsection, 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.

2.  As soon as the federal Department of Health and Human Services authorizes additional demonstration projects for additional use monies designated for expenditure for Title IV-E of the Social Security Act, which requires federal funds to be spent on children in foster care, the Department of Human Services shall request a waiver or demonstration project authorization for such monies.  The waiver shall allow federal funds to be utilized to support children whose guardianship is transferred in situations where adoption is not possible and an identified family has made a long-term commitment to the child in addition to other programs authorized by law.

3.  Upon obtaining a waiver, the Department shall conduct a three-year demonstration program.  The children involved must meet state-established criteria.

4.  The program of supported guardianship shall be operational upon receipt and according to the terms of the approved waiver.

B.  By January 1, 1998, the Department of Human Services and the Department of Juvenile Justice shall submit to the Chairman of the House of Representatives Human Services Committee and the Chairman of the State Senate Human Resources Committee written recommended legislation for the development and implementation of a program for the long-term permanent placement of children in cases where the court has found that adoption of the child or termination of parental rights to the child is not possible or not in the best interests of the child.  Such program shall include, but not be limited to, permanent guardianship through the juvenile court, supported guardianship and long-term or permanent foster care of the child.  The Postadjudication Review Advisory Board and the Oklahoma Commission on Children and Youth shall assist the departments in meeting the requirements of this section.

Added by Laws 1997, c. 389, § 21, eff. Nov. 1, 1997.


§10-7003-5.6d.  Permanency hearing.

A.  1.  The court shall conduct a permanency hearing on behalf of a child no later than:

a. six (6) months after placing the child in out-of-home placement and every six (6) months thereafter, and

b. thirty (30) days after a determination by the court that reasonable efforts are not required pursuant to the provisions of Section 7003-4.6 of this title and every six (6) months thereafter.

2.  A child shall be considered to have entered out-of-home placement on the earlier of:

a. the adjudication date, or

b. the date that is sixty (60) days after the date on which the child is removed from the home.

B.  A permanency hearing may be held concurrently with a dispositional or review hearing.  All permanency decisions must be in writing and in accordance with the health, safety or welfare of the child and the long-term best interests of the child.

C.  In addition to the parties, adequate prior written notice of permanency hearings, as determined by the Department of Human Services, pursuant to rules promulgated by the Commission for Human Services, shall be provided by the Department to the current foster parents and an opportunity to be heard at such hearing shall be provided by the court to the current foster parents of a child, the child's guardian ad litem, and to any preadoptive parent or relative providing care for the child.  Such notice and opportunity to be heard shall not be construed as requiring any foster parent, preadoptive parent or relative to be made a party to such action.

D.  At the hearing, the court shall determine the most suitable permanency plan based on the child's need for a permanent placement as indicated by the recommended permanency plan or other evidence submitted.  The court shall determine whether:

1.  The child should be returned home immediately or by a specified date not to exceed three (3) months.  An order entered pursuant to the provisions of this paragraph shall enumerate the specific factors, conditions, or expected behavioral changes which must occur by the specified date before the child may be returned home.  Before a child may be returned home, the court must find that:

a. the parent, legal guardian or custodian has made marked progress towards reunification with the child, and has maintained a close and positive relationship with the child, and

b. the parties have complied with, performed and completed those terms and conditions of the court-ordered individual treatment and service plan and have corrected those conditions which caused the child to be adjudicated which are essential and fundamental to the health, safety and welfare of the child;

2.  A plan for the guardianship or kinship guardianship of the child should be approved;

3.  The child should be placed in a planned permanent living arrangement if the Department has documented a compelling reason for the court to determine that it would not be in the best interests of the child to return home, or to be placed for adoption or with a fit and willing relative or a legal guardian;

4.  A petition to terminate the rights of the parents of the child should be filed and the child placed for adoption; or

5.  Any other out-of-home placement in which the child is placed continues to be safe and appropriate and in the best interests of the child.

E.  The court shall enter an order for completion of all steps necessary to finalize the permanent placement of the child.

Added by Laws 1998, c. 421, § 21, emerg. eff. June 11, 1998.  Amended by Laws 2000, c. 374, § 20, eff. July 1, 2000; Laws 2002, c. 237, § 3, emerg. eff. May 9, 2002; Laws 2002, c. 237, § 3, emerg. eff. May 9, 2002; Laws 2004, c. 452, § 3, eff. Nov. 1, 2004.


§10-7003-5.6e.  Reports.

A.  Prior to a permanency hearing, the Department of Human Services shall prepare a report regarding the child for court review.  The Department, as applicable, shall contact the foster parents of the child, the parents of the child or the parents' attorney, a postadjudication review board member, the guardian ad litem or the court appointed special advocate who has been appointed to the case, and the child's attorney to assist in the preparation of the report.

B.  The report shall contain the:

1.  Efforts and progress demonstrated by the child's parent to complete an individual treatment and service plan;

2.  Extent to which the parent or legal guardian cooperated and used the services provided;

3.  Status of the child, including the child's mental, physical, and emotional health; and

4.  Plan for permanency for the child.

C.  The child's attorney, the parents or parents' attorney, the foster parent, the postadjudicatory review board member, the guardian ad litem or the court appointed special advocate of the child, or the Department of Human Services may submit an additional informational report to the court for review.

Added by Laws 1998, c. 421, § 22, emerg. eff. June 11, 1998.  Amended by Laws 2003, c. 105, § 2, eff. Nov. 1, 2003; Laws 2004, c. 452, § 4, eff. Nov. 1, 2004.


§10-7003-5.6f.  Agreements by birth relatives.

A.  If a child has resided with a birth relative before being adopted, the adoptive parents and that birth relative may enter into an agreement pursuant to the provisions of this section regarding communication with, visitation of or contact between the child, adoptive parents and the birth relative.

B.  For purposes of this section, "birth relative" means a parent, stepparent, grandparent, great-grandparent, brother, sister, uncle or aunt of a minor adoptee.  This relationship may be by blood or marriage.  For an Indian child, birth relative includes members of the extended family as defined by the laws or customs of the Indian child's tribe or, in the absence of laws or customs, shall be a person who has reached eighteen (18) years of age and who is the Indian child's great-grandparent, grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece, nephew, or first or second cousin or stepparent, as provided in the Indian Child Welfare Act, United States Code, Title 25, Section 1903.

C.  1.  An agreement regarding communication with, visitation of or contact between the child, adoptive parents and a birth relative is not legally enforceable unless the terms of the agreement are contained in a written court order entered in accordance with this section.

2.  An order must be sought and shall be filed in the adoption action.

3.  The court shall not enter a proposed order unless the terms of the order have been approved in writing by the prospective adoptive parents, the birth relative who desires to be a party to the agreement, and, if the child is in the custody of the Department of Human Services, a representative of the Department.

D.  The court shall not enter a proposed order unless the court finds that the communication, visitation of or contact between the child, the adoptive parents and a birth relative as agreed upon and contained in the proposed order would be in the child's best interests and poses no threat to the safety of the child or integrity of the adoptive placement.

E.  Failure to comply with the terms of an agreed order regarding communication, visitation or contact that has been entered by the court pursuant to this section shall not be grounds for:

1.  Setting aside an adoption decree;

2.  Revocation of a written consent to an adoption after that consent has become irrevocable; and

3.  An action for citation of indirect contempt of court.

F.  1.  An agreed order entered pursuant to the provisions of this section may be enforced or modified by filing a petition or motion with the court that includes a certified copy of the order granting the communication, contact or visitation, but only if the petition or motion is accompanied by an affidavit with supporting documentation that the parties have mediated or attempted to mediate any dispute under the agreement or that the parties agree to a proposed modification.

2.  The prevailing party may be awarded reasonable attorney fees and costs.

3.  The court shall not modify an agreed order pursuant to this section unless it finds that the modification is necessary to serve the best interests of the child, and:

a. the modification is agreed to by the adoptive parent and the birth relative, or

b. exceptional circumstances have arisen since the agreed order was entered that justify modification of the order.

Added by Laws 1998, c. 421, § 23, emerg. eff. June 11, 1998.  Amended by Laws 2000, c. 374, § 21, eff. July 1, 2000.


§10-7003-5.6g.  Repealed by Laws 2004, c. 452, § 5, eff. Nov. 1, 2004.

§10-7003-5.6h.  Permanency hearings - Eligibility of foster parent to adopt.

A.  During any permanency hearing, if it is determined by the court that a child should be placed for adoption, the foster parent of the child shall be considered eligible to adopt the child, if the foster parent meets established eligibility requirements pursuant to this section.

B.  If the child has resided with a foster parent for at least one (1) year, the court shall give great weight to the foster parent in the adoption consideration for the child unless there is an existing loving emotional bond with a relative of the child by blood or marriage who is willing, able and eligible to adopt the child.

C.  In making such determination, the court shall consider whether the child has become integrated into the foster family to the extent that the child's familial identity is with the foster family, and whether the foster family is able and willing permanently to treat the child as a member of the family.  The court shall consider, without limitation:

1.  The love, affection, and other emotional ties existing between the child and the relatives of the child, and the child's ties with the foster family;

2.  The capacity and disposition of the child's relatives as compared with that of the foster family to give the child love, affection, and guidance and to continue the education of the child;

3.  The length of time a child has lived in a stable, satisfactory foster home and the desirability of the child's continuing to live in that environment;

4.  The physical and mental health of the relatives of the child as compared with that of the foster family;

5.  The experiences of the child in the home, school, and community, both when with the parents from whom the child was removed and when with the foster family; and

6.  Any other factor considered by the court to be relevant to a particular placement of the child.

Added by Laws 1998, c. 414, § 18, emerg. eff. June 11, 1998.  Amended by Laws 2005, c. 75, § 1, eff. Nov. 1, 2005.


§10-7003-6.1.  Modification of decrees or orders.

Any decree or order made pursuant to the provisions of the Oklahoma Children's Code may be modified by the court at any time; provided, however, that an order terminating parental rights shall not be modified.

Added by Laws 1968, c. 282, § 118, eff. Jan. 13, 1969.  Amended by Laws 1979, c. 257, § 5, eff. Oct. 1, 1979; Laws 1981, c. 238, § 4, eff. Oct. 1, 1981; Laws 1995, c. 352, § 34, eff. July 1, 1995.  Renumbered from § 1118 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


§10-7003-6.2.  Appeals.

A.  Any interested party aggrieved by any order or decree may appeal to the Supreme Court pursuant to Section 7003-6.4 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 subsection C of this section.  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.

C.  1.  At any hearing, including, but not limited to, hearings conducted pursuant to Section 7003-8.6 of this title, where it is determined that a child in state custody will be released from state custody, the district attorney or the attorney for the child may give verbal notice to the court of an objection to the order of the court and an intention to seek review of that order based on the grounds that the order of the court releasing the child from state custody is contrary to the health, safety and welfare of the child.

2.  Upon giving such notice, the court issuing the custody order in question shall stay the custody order pending the filing of an application and completion of review as provided in this section.  The district attorney or attorney for the child shall file with the presiding judge of the administrative judicial district a written application for review within three (3) judicial days from the custody order.  If an application is not filed within such time period, or if a written notice to the trial court withdrawing the objection is filed within that time period, the objection will be deemed abandoned and the stay shall be lifted.

3.  Each application for review shall be assigned by the presiding judge of the administrative judicial district to a judge within that administrative judicial district with juvenile docket responsibilities.  The review shall be completed within five (5) judicial days of the filing of the written application for review.  The review conducted by the reviewing judge shall address the question of whether releasing the child from state custody is contrary to the health, safety and welfare of the child.  The reviewing court shall review the record of the hearing and any other evidence deemed relevant by the reviewing court.  At the conclusion of the review, the reviewing court shall issue its findings of fact and conclusions of law and report them to the court issuing the original custody order.

4.  A finding by the reviewing court that the original order regarding releasing the child from state custody is contrary to the health, safety and welfare of the child shall be controlling and the court issuing the original order shall proceed to enter a different custody order.  If the reviewing court finds that the original  order is not contrary to the health, safety and welfare of the child and that the original order is otherwise appropriate then the court issuing the original order shall lift the stay and the original order shall be subject to appeal as provided in subsection A of this section.  The failure of any court to issue the stay mandated by this subsection shall be subject to immediate mandamus to an appropriate court.

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 this title 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.


§10-7003-6.2A.  Hearing to determine release of child from state custody - Testimony from representative of Department of Human Services.

A.  At any hearing pursuant to the provisions of the Oklahoma Children's Code for the purpose of determining that a child in state custody is to be released from state custody, the court shall provide an opportunity to a representative of the Department of Human Services, the present foster parent, the guardian ad litem and the child, if of sufficient age as determined by the court, to present sworn testimony regarding the release of the child from state custody.

B.  The court, the district attorney or the attorneys for the parties may cross examine the representative of the Department of Human Services, the child, if of sufficient age as determined by the court, the present foster parents, and the guardian ad litem.

C.  The court shall issue written findings of fact and conclusions of law.  All hearings concerning such cases shall be on the record.  The failure of any court to provide an opportunity to a representative of the Department of Human Services or to the present foster parent, the guardian ad litem and to the child, if of sufficient age as determined by the court, to present the sworn testimony pursuant to this section shall be subject to immediate mandamus to an appropriate court.

Added by Laws 1996, c. 200, § 8, eff. Nov. 1, 1996.  Amended by Laws 1998, c. 421, § 24, emerg. eff. June 11, 1998.


§10-7003-6.3.  Use of initial for child's surname.

In the published opinions of the appellate courts of this state in proceedings including, but not limited to, adoption and paternity proceedings and other proceedings under this Code, 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 this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 247, § 6, eff. July 1, 1996.


§10-7003-6.4.  Time for filing petition - Completion of record - Briefing schedule.

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;

3.  Appellant's reply brief may be filed within ten (10) days after the appellee's answer brief is filed; and

4.  Adjudication of the appeals described in this section shall be expedited by the Supreme Court.

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 this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 200, § 9, eff. Nov. 1, 1996.


§10-7003-7.1.  Persons or agencies receiving custody - Rights and duties.

A.  1.  Whenever the court transfers custody of a child as provided in this article, the person, institution, agency, or department receiving custody shall have the right to, and shall be responsible for, the care and control of the child, and shall have the duty and authority to provide food, clothing, shelter, medical care, education, and discipline for the child.

2.  The court shall complete a form approved by the Oklahoma Supreme Court to verify information that has been considered prior to the custody transfer.

B.  1.  Except for an emergency psychiatric admission pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act, such person, institution, agency or department may provide or arrange for the provision of an inpatient evaluation or inpatient treatment of such minor only pursuant to a court order as provided by the Inpatient Mental Health and Substance Abuse Treatment of Minors Act.  Nothing in this subsection shall be interpreted to prohibit or preclude the provision of outpatient services, including an outpatient examination, counseling, educational, rehabilitative or other similar services to such minor, as necessary and appropriate, in the absence of a specific court order for such services.

2.  The medical care, surgery and extraordinary care shall be charged to the appropriate agency where the child qualifies for the care under law, rule or administrative order or decision.

3.  Nothing in this subsection shall be interpreted to:

a. relieve a parent of the obligation to provide for the support of the child as otherwise provided by law, or

b. limit the authority of the court to order a parent to make support payments or to make payments or reimbursements for medical care or treatment, including mental health care or treatment, to the person, institution, agency or department having custody of the child, or

c. abrogate the right of the child to any benefits provided through public funds for which the child is otherwise eligible.

4.  No person, agency or institution shall be liable in a civil suit for damages for authorizing or not authorizing surgery or extraordinary care in instances where an emergency exists, as determined by competent medical authority.

C.  1.  If the child is placed in the custody of the Department of Human Services, whether in emergency, temporary or permanent custody, the Department shall determine the appropriate placement of the child.  However, under no circumstances may the Department of Human Services return a child to a parent that contributed to the child being deprived due to abuse or neglect, without prior approval of the court.  Any change in the placement of a child adjudicated to be deprived shall be in accord with the provisions of subsection B of Section 7003-5.4a of this title.

2.  The person, institution, agency, or Department having legal custody of a child pursuant to an order of the court shall receive notice of court proceedings regarding the child and shall be allowed to intervene upon application as a party to all court proceedings pertaining to the care and custody of the child including, but not limited to:  adjudication, disposition, review of disposition, termination of parental rights and proceedings pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act.

Added by Laws 1968, c. 282, § 117, eff. Jan. 13, 1969.  Amended by Laws 1983, c. 328, § 6, emerg. eff. June 28, 1983; Laws 1990, c. 302, § 8, eff. Sept. 1, 1990; Laws 1992, c. 298, § 29, eff. July 1, 1993; Laws 1994, c. 15, § 2, eff. Sept. 1, 1994; Laws 1995, c. 352, § 38, eff. July 1, 1995.  Renumbered from § 1117 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 3, § 2, emerg. eff. March 6, 1996; Laws 1996, c. 200, § 10, eff. Nov. 1, 1996; Laws 1997, c. 386, § 7, emerg. eff. June 10, 1997; Laws 1998, c. 421, § 25, emerg. eff. June 11, 1998; Laws 2002, c. 327, § 19, eff. July 1, 2002.


NOTE:  Laws 1995, c. 353, § 17 repealed by Laws 1996, c. 3, § 25, emerg. eff. March 6, 1996.


§10-7003-7.2.  Children becoming unmanageable and uncontrollable.

If a child who has been adjudicated as a deprived child, and who has been placed in the custody of the Department of Human Services becomes unmanageable and uncontrollable while in the legal custody of the Department, the Department may return the child to the court having original jurisdiction for further disposition or may provide information to the district attorney and request the filing of a petition alleging the child to be delinquent, in need of supervision, or in need of mental health treatment, if such petition is warranted by the facts in the case.

Added by Laws 1968, c. 282, § 140, eff. Jan. 13, 1969.  Amended by Laws 1982, c. 312, § 30, operative Oct. 1, 1982; Laws 1995, c. 352, § 39, eff. July 1, 1995.  Renumbered from § 1140 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


§10-7003-8.1.  Religious faith of parents or child - Permanency planning - Placement with foster parent or other person in home convicted of felony.

A.  In placing a child in the custody of an individual or in the custody of a private agency or institution, the court shall, and the Department of Human Services shall, if at all possible, select a person or an agency or institution governed by persons of the same religious faith as that of the parents of the child, or in case of a difference in the religious faith of the parents, then of the religious faith of the child, or, if the religious faith of the child is not ascertainable, then of the faith of either of the parents.

B.  Except as otherwise provided by this section or by law, it shall be left to the discretion of the judge to place the custody of children where their total needs will best be served.

C.  If the child is removed from the custody of the child's parent, the court or the Department of Human Services, as applicable, shall immediately consider concurrent permanency planning, so that permanency may occur at the earliest opportunity.  Consideration should be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child.

D.  For purposes of this subsection, the State of Oklahoma elects to make subparagraph (A) of paragraph 20 of subsection 3 of Section 471(a) of the Social Security Act (Public Law 105-89) inapplicable to Oklahoma.  Instead, the State of Oklahoma requires that:

1.  Except as otherwise provided by this subsection, on and after the effective date of this act, the Department or a child-placing agency shall not place a child in out-of-home placement with a foster parent if the foster parent or any other person residing in the home of the foster parent has been convicted of any of the following felony offenses:

a. within the five-year period preceding the application date, physical assault, battery or a drug-related offense,

b. child abuse or neglect,

c. domestic abuse,

d. a crime against a child, including, but not limited to, child pornography, or

e. a crime involving violence, including, but not limited to, rape, sexual assault or homicide, but excluding physical assault or battery; and

2. a. A prospective adoptive parent or guardian or kinship guardian or other long-term placement provider shall not be an approved placement for the child if the person or any other person residing in the home has been convicted of any of the following felony offenses:

(1) within the five-year period preceding the date of the petition, physical assault, battery or a drug-related offense, except as otherwise authorized by this subsection,

(2) child abuse or neglect,

(3) domestic abuse,

(4) a crime against a child, including, but not limited to, child pornography, and

(5) a crime involving violence, including, but not limited to, rape, sexual assault or homicide, but excluding physical assault or battery.

b. A prospective adoptive parent or long-term placement provider may be an approved placement regardless of whether such parent or provider has been convicted of any of the felony offenses specified by division (1) of subparagraph a of this paragraph, if an evaluation has been made and accepted by the court which considers the nature and seriousness of the crime in relation to the adoption or long-term placement, the time elapsed since the commission of the crime, the circumstances under which the crime was committed, the degree of rehabilitation, the number of crimes committed by the person involved, and a showing by clear and convincing evidence that the child will not be at risk by such placement.

E.  1.  Under no circumstances shall a child be placed in the custody of an individual subject to the Oklahoma Sex Offenders Registration Act or an individual who is married to or living with an individual subject to the Oklahoma Sex Offenders Registration Act.

2.  In addition, prior to placing a child in the custody of an individual, the court shall inquire as to whether the individual has been previously convicted of any other felony or a relevant misdemeanor or has any felony or relevant misdemeanor charges pending.

3.  Prior to the custody order being entered, the individual seeking custody shall respond by certified affidavit or through sworn testimony to the court and shall provide an Oklahoma criminal history record obtained pursuant to Section 150.9 of Title 74 of the Oklahoma Statutes.

4.  For purposes of this subsection the terms:

a. "relevant misdemeanor" may include, but shall not be limited to, assault and battery, alcohol- or drug-related offenses, crimes involving domestic abuse and other offenses deemed relevant by the court, and

b. "individual" shall not include a parent, legal guardian, or custodian of the child.

F.  The provisions of this section shall not apply in any paternity or domestic relations case, unless otherwise ordered by the court.

Added by Laws 1968, c. 282, § 119, eff. Jan. 13, 1969.  Amended by Laws 1995, c. 352, § 40, eff. July 1, 1995.  Renumbered from § 1119 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 200, § 11, eff. Nov. 1, 1996; Laws 1998, c. 414, § 19, emerg. eff. June 11, 1998; Laws 1999, c. 1, § 2, emerg. eff. Feb. 24, 1999; Laws 2000, c. 374, § 23, eff. July 1, 2000.


NOTE:  Laws 1998, c. 322, § 1 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999.


§10-7003-8.2.  Mileage and witness fees.

In proceedings pursuant to this Code, the court may allow mileage as in civil actions to witnesses and reimbursement for expert witnesses but such 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 this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


§10-7003-8.3.  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 not 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 this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


§10-7003-8.4.  District attorney or child's attorney to act as petitioner.

A.  Except as otherwise provided by this section, the district attorney shall prepare and prosecute any case or proceeding within the purview of the Oklahoma Children's Code, and shall act as petitioner in all cases.

B.  1.  A petition for termination of parental rights may be filed by the district attorney or the attorney of a child alleged or adjudicated deprived.

2.  If the child's attorney files a petition for the termination of the parental rights of the parents of the child, the district attorney shall join in the petition or motion for those petitions or motions required to be filed by the district attorney pursuant to the provisions of Section 15 of this act.

Added by Laws 1995, c. 352, § 44, eff. July 1, 1995.  Amended by Laws 1998, c. 421, § 26, emerg. eff. June 11, 1998.


§10-7003-8.5.  Immediate assumption of custody to protect child's health or welfare.

Nothing contained in the Oklahoma Children's Code shall prevent a court from immediately assuming custody of a child and ordering whatever action may be necessary, including medical or mental health treatment, to protect the child's health, safety or welfare.

Added by Laws 1995, c. 352, § 44, eff. July 1, 1995.  Amended by Laws 1998, c. 421, § 27, emerg. eff. June 11, 1998.


§10-7003-8.6.  Referees.

A.  Any judge who is assigned to hear juvenile cases in counties having a population in excess of one hundred thousand (100,000) may appoint a suitable person or persons to act as referee or referees, to hold office at the pleasure of the judge.  Such referees shall be lawyers and shall be specially qualified for their duties.  The judge may direct that any case, or all cases of a class or within a county to be designated by the judge, shall be heard in the first instance by a referee in the manner provided for the hearing of cases by the court.  Upon the conclusion of the hearing in each case, the referee shall transmit to the court all papers relating to the case, together with the referee's findings of fact and conclusions of law, and recommendations in writing.

B.  Notice of the referee's findings and recommendations shall be given to the parent, guardian or custodian of the child, the child's attorney, guardian ad litem or court-appointed special advocate, foster parent or to any other person concerned whose case has been heard by the referee.  A hearing by the court shall be allowed upon the filing with the court of a request for such hearing, if the request is filed within three (3) days after the service of such notice.  In case no hearing by the court is requested, the findings and recommendations of the referee, when confirmed by an order of the court, shall become the decree of the court.

Added by Laws 1968, c. 282, § 126, eff. Jan. 13, 1969.  Amended by Laws 1995, c. 352, § 45, eff. July 1, 1995.  Renumbered from § 1126 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1999, c. 396, § 10, emerg. eff. June 10, 1999.


§10-7003-8.7.  Parents to reimburse costs for care of deprived child.

A.  In any postadjudicatory hearing concerning the status of a child, the court, if the court determines the parent is able to pay, shall order the parents of any deprived child to:

1.  Reimburse the Department of Human Services, in whole or in part, for any costs and expenses incurred by the Department in providing any services or authorizing actions taken pursuant to the Oklahoma Children's Code for the child including, but not limited to, all or some part of placement services, medical care and mental health services of a child, as authorized by law;

2.  Reimburse any law enforcement agency, in whole or in part, for any costs or expenses incurred by the law enforcement agency for protective custody services or other authorized actions taken pursuant to the Oklahoma Children's Code; and

3.  Reimburse the court fund, in whole or in part, for any disbursements made from the court fund in conjunction with the case, including, but not limited to, court-appointed attorney fees, expert witness fees, sheriff's fees, witness fees, transcripts and postage.

B.  1.  After a judicial determination that the parent of the child is able to pay, in whole or in part, the costs and reimbursements specified by this section, the court shall order payment of the costs and reimbursements.  The court may order such payments and reimbursements to be paid in installments and shall set the amount and due date of each installment.

2.  When any parent is financially able but has willfully failed to pay the costs and reimbursements as ordered by the court pursuant to this section, the parent may be held in contempt of court and, upon conviction, shall be punished pursuant to Section 566 of Title 21 of the Oklahoma Statutes.

3.  Even though the court has previously found the parent indigent, if a parent is subsequently found to be financially able to pay costs and reimbursements, the court shall require payment of costs and reimbursements required by this section.  The court may order such costs and reimbursements to be paid in installments.

C.  The court shall have all powers incident to such orders necessary for their enforcement, including the power and authority to require bond or other security for the payment of such order; and may resort to execution and the power of punishment for contempt for noncompliance with such order.

D.  1.  The court may order reimbursements to be paid directly to the organization or institution having the care and custody of the child or children, or directly to the clerk of the court.

2.  All such funds ordered and paid to the clerk shall be accounted for; provided, that when payments are made in advance for any child, and custody of the court is terminated before the end of the period, then the clerk may refund, by proper voucher, the unused or unaccrued portion of such payment; or the refund may be authorized and paid on claim properly verified and approved by the judge.

E.  1.  The Department may effectuate an order for payment of any costs and expenses authorized pursuant to this section against any asset of the parent.  Any assignment, attachment, garnishment, or lien against such assets shall be served upon the person in possession of the assets or shall be recorded in the office of the county clerk in the county in which the parent resides or in which the asset is located.

2.  Pursuant to the provisions of Section 236 of Title 56 of the Oklahoma Statutes, the Department may contract on a contingency fee basis with private attorneys for the collection and enforcement of orders for payment of costs and expenses against such assets.  Any such third-party payment shall be paid directly to the Department.

Added by Laws 1968, c. 282, § 121, eff. Jan. 13, 1969.  Amended by Laws 1990, c. 302, § 10, eff. Sept. 1, 1990; Laws 1994, c. 290, § 43, eff. July 1, 1994; Laws 1995, c. 352, § 46, eff. July 1, 1995.  Renumbered from § 1121 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 353, § 19, eff. Nov. 1, 1996; Laws 2001, c. 407, § 1, eff. July 1, 2001; Laws 2004, c. 198, § 1, emerg. eff. May 4, 2004.


§10-7003-8.8.  Deprived child - Paternity - Support.

A.  1.  When paternity of an alleged or adjudicated deprived child is at issue, the court, within six (6) months after the filing of a deprived petition, shall either establish paternity or defer the issue of paternity establishment to the appropriate administrative or district court for any child for whom paternity has not been legally established according to Section 70 of this title.

2.  When paternity is an issue, an alleged father and mother of the child named in a deprived petition shall be given notice in the petition and summons that paternity may be established in a deprived action.  The Oklahoma Department of Human Services Child Support Enforcement Division shall proceed with paternity establishment for any case deferred to the administrative or other district court division under this subsection.

3.  After the establishment of paternity, the court shall address the issue of current child support pursuant to subsection B of this section.  In addition, the court may:

a. order the father to pay child support for past months when no child support order was in effect according to the provisions of Section 83 of this title, or

b. reserve or refer the issue of prior support to the Oklahoma Department of Human Services Child Support Enforcement Division.

4.  The order establishing paternity shall be filed as a separate document and shall not be confidential.  The court clerk of the district court where the child support order has been filed shall provide, upon request, a copy of the order establishing paternity to a representative of the Oklahoma Department of Human Services Child Support Enforcement Division.  A court order for the release of the order establishing paternity or other information contained in the court record pertaining to paternity and child support shall not be required.  The order may be captioned with a different case style in order to establish and enforce a child support order in an action other than the deprived proceeding.

B.  1.  Each parent of any child named in a deprived petition shall be given notice in the petition and summons that child support may be ordered or modified in the deprived action.

2.  Within six (6) months after the filing of a deprived petition, the court shall either address the issue of child support or defer the issue of establishment or enforcement of child support to the appropriate administrative or district court.  The Oklahoma Department of Human Services Child Support Enforcement Division shall proceed with the establishment or enforcement of child support orders for any case deferred to the administrative or other district court division under this subsection.

3.   a. If there is an existing order for child support, the existing order shall remain in effect unless the court finds the existing order is not in the best interests of the child or children involved.

b. The court shall use the child support guidelines as provided for in Sections 118 and 119 of Title 43 of the Oklahoma Statutes in determining the amount each parent is to pay for care and maintenance of a child and issue an order describing the finding of the court.

c. The court may deviate from the child support guidelines when it is determined necessary in order for the parent to meet the obligations of a court-imposed individual treatment and service plan or for other reasons as the court deems appropriate.  If the court deviates from the amount of child support indicated by the child support guidelines, the court shall make specific findings of fact supporting such action.

d. Each parent shall be individually ordered to pay his or her percentage of the total monthly child support obligation including parents who reside together.

e. The court shall order the parent to provide medical insurance whenever the parent has insurance available through employment or other group plan, regardless of whether insurance is available at the time the order is entered.

f. The child support order shall contain an immediate income assignment provision pursuant to Section 115 of Title 43 of the Oklahoma Statutes.

g. A child support computation form as provided for in Section 120 of Title 43 of the Oklahoma Statutes shall be signed by the judge and incorporated as a part of the child support order.

h.   (1) A standard child support order form shall be used in the deprived action.  The form shall be prescribed by the Oklahoma Department of Human Services Child Support Enforcement Division and shall be published by the Administrative Office of the Courts.

(2) The child support order shall be filed as a separate document and shall not be confidential.

(3) The court clerk of the district court where the child support order has been filed shall provide, upon request, a copy of the support order to a representative of the Oklahoma Department of Human Services Child Support Enforcement Division.  A court order for the release of the child support order or other information contained in the court record pertaining to child support shall not be required.

(4) The order may be captioned with a different case style in order to enforce the child support order in an action other than the deprived proceeding.

i. The child support order may be modified upon a material change in circumstances.

j. The child support order may be enforced by any method allowed by law.

k. After a deprived action is dismissed, the most recent child support order entered in the deprived action shall remain in full force and effect, unless the judge presiding over the deprived action orders otherwise.  If there was no prior administrative or district court case, the deprived action child support order shall be docketed and filed in a new district court family division action and enforced for current child support and arrearages.  If the judge presiding over the deprived action modified a preexisting child support order or if there was an existing administrative or district court case, the child support order entered in the deprived action shall be filed in the existing case and enforced for current child support and arrearages.  The child support order may be modified after being docketed in district court.

C.  All child support payments shall be paid through the Oklahoma Centralized Support Registry as provided for in Section 413 of Title 43 of the Oklahoma Statutes.

D.  When a child's placement is changed from one parent or caretaker to another pursuant to the Oklahoma Children's Code, the change in placement shall transfer child support payments to the new caretaker unless the caretaker is receiving foster care payments or Temporary Assistance to Needy Families payments for the care of the child.  Child support payments to the caretaker shall terminate when the child no longer resides with the caretaker.

E.  The Department of Human Services shall promulgate rules necessary to implement the provisions of this section.

Added by Laws 2004, c. 198, § 2, emerg. eff. May 4, 2004.  Amended by Laws 2005, c. 121, § 1, eff. Nov. 1, 2005.


§10-7004-1.1.  Additional duties and powers of Department.

A.  In addition to the other powers and duties prescribed by law, the Department of Human Services shall have the power and duty to:

1.  Provide for the temporary care and treatment of children taken into protective or emergency custody pursuant to the provisions of Article III of the Oklahoma Children's Code, and placed in the Department's custody by an order of the juvenile court.

In providing for the temporary care and treatment of an alleged deprived child placed in the Department's custody, the Department shall:

a. place such children in a children's shelter, a foster home or a relative's home.  In determining any placement for a child who has been removed from the custody of a custodial parent and placed with the Department in emergency or protective custody, priority shall be given by the Department to the placement of such child with the noncustodial parent of the child unless such placement is not in the best interests of the child.  If it is determined by the Department that placement with the noncustodial parent is not in the best interests of the child, custody shall be consistent with the provisions of Section 21.1 of this title.  If custody of the child cannot be made pursuant to the provisions of Section 21.1 of this title, the reason for such determination shall be specified in the agency records concerning the child.  In addition, such reasons shall be made known to the court by the Department,

b. if ordered by the court, provide supervision of children alleged to be deprived who are placed by the court in the custody of a parent, relative or other responsible person.  Such supervision shall, in accordance with standards established by rules promulgated by the Commission for Human Services, consist of periodic visitation with the child, the child's custodian, and such other persons as may be necessary to assess the safety of the child and to offer voluntary services.  Such supervision shall not exceed the period allowed for the filing of a petition or, if a petition is filed, the period authorized by the court,

c. admit an alleged deprived child in the Department's emergency custody to a hospital or mental health facility as provided in Section 5-507 of Title 43A of the Oklahoma Statutes and shall, if such child is found by the court to be a child in need of mental health treatment, place the child, as provided in paragraph 2 of subsection D of Section 5-512 of Title 43A of the Oklahoma Statutes,

d. provide such outpatient mental health care and treatment as may be necessary to preserve the health and safety of an alleged deprived child in emergency custody and as prescribed by a qualified mental health professional.  Each child placed in the Department's emergency custody shall receive, as soon as practicable, educational instruction through enrollment in a public school or an alternative program consistent with the needs and abilities of the child,

e. provide or prescribe treatment services for the family of an alleged deprived child placed in the Department's emergency custody if such services are voluntarily requested and the family is otherwise eligible under application law and rules promulgated by the Commission for the services offered, and

f. provide for each child placed in the Department's emergency custody to receive, as soon as practicable after the filing of the petition, an initial health screening to identify any health problems that require immediate treatment, to diagnose infections and communicable diseases and to evaluate injuries or other signs of neglect or abuse.  The Department shall provide such medical care as is necessary to preserve the child's health and protect the health of others in contact with the child;

2.  Provide for the care and treatment of an adjudicated deprived child placed in the Department's custody by an order of the juvenile court.  In providing for the care and treatment of an adjudicated deprived child placed in the Department's custody, the Department:

a. shall review and assess each deprived child placed in its custody to determine the type of placement and services consistent with the needs of the child in the nearest geographic proximity to the home of the child.  Such review and assessment shall include an investigation of the personal and family history of the child and the child's environment, and any necessary physical or mental examination.  In making such review, the Department may use any facilities, public or private, which offer to aid in the determination of the correct placement of the child,

b. shall develop and, upon approval by the court, implement an individual treatment and service plan for each deprived child placed in the Department's custody in accord with the requirements of Section 7003-5.1 et seq. of this title,

c. may place a deprived child in the home of the child with prior approval of the court pursuant to subsection B of Section 7003-7.1 of this title, in the home of a relative of the child, in a foster home, in a public or private children's shelter, in a group home, in an independent living program, or in any licensed facility established for the care of deprived children.  No deprived child shall be placed in an institution operated by the Department,

d. may admit a deprived child in the Department's custody to a hospital or mental health facility as provided in Section 5-507 of Title 43A of the Oklahoma Statutes and shall, if such child is found by the court to be a child in need of mental health treatment, place the child as provided in paragraph 2 of subsection D of Section 5-512 of Title 43A of the Oklahoma Statutes,

e. may provide such outpatient mental health care and treatment as may be necessary to meet the treatment needs of a deprived child in the Department's custody and as prescribed by a qualified mental health professional, and

f. shall, if ordered by the court, provide supervision of children adjudicated deprived who are placed by the court in the custody of a parent, relative or other responsible person.  Such supervision shall, in accordance with standards established in rules promulgated by the Commission, consist of periodic visitation with the child, the child's custodian, and such other persons as may be necessary to determine compliance with the court-approved individual treatment and service plan.  Such supervision shall not exceed a period of six (6) months unless extended by the court for good cause shown;

3.  Transfer any child in its custody from any authorized placement to another authorized placement if such transfer is consistent with the treatment needs of the child or as may be required in an emergency, subject to the provisions of Section 7003-5.4a of this title;

4.  In providing for the outpatient mental health care and treatment of children in its custody, utilize, to the maximum extent possible and appropriate, the services available through:

a. the guidance centers operated by the State Department of Health,

b. the Department of Mental Health and Substance Abuse Services, and

c. community-based private nonprofit agencies and organizations; and

5.  Provide, when voluntarily requested by a parent, legal guardian or custodian pursuant to rules promulgated by the Commission, family preservation or other services aimed at the prevention of child abuse or neglect.

B.  The Department may participate in federal programs relating to deprived children and services for such children; and apply for, receive, use and administer federal funds for such purposes.

C.  The Department shall receive interest earnings on the investment by the State Treasurer of monies, to be credited to an agency special account, for the benefit of and held in trust for persons placed in the custody of the Department or in residence at facilities maintained by the Department.

Added by Laws 1968, c. 282, § 404, eff. Jan. 13, 1969.  Amended by Laws 1982, c. 312, § 38, operative July 1, 1982; Laws 1984, c. 263, § 15, operative July 1, 1984; Laws 1989, c. 353, § 1, emerg. eff. June 3, 1989; Laws 1990, c. 238, § 11, emerg. eff. May 21, 1990; Laws 1992, c. 298, § 37, eff. July 1, 1993; Laws 1995, c. 352, § 47, eff. July 1, 1995.  Renumbered from § 1404 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1997, c. 386, § 8, emerg. eff. June 10, 1997; Laws 1998, c. 421, § 28, emerg. eff. June 11, 1998; Laws 2001, c. 141, § 4, emerg. eff. April 30, 2001.


NOTE:  Laws 1984, c. 219, § 4 repealed by Laws 1989, c. 353, § 14, emerg. eff. June 3, 1989.  Laws 1992, c. 299, § 17 repealed by Laws 1992, c. 373, § 22, eff. July 1, 1992.


§10-7004-1.2.  Management information system for programs and services related to children, youth and families.

A.  On or before October 1, 1996, the Department of Human Services shall implement an agency-wide management information system for all programs and services of the Department related to children, youth and families.

B.  The management information system shall:

1.  To the maximum extent possible, be based upon the integration, utilization and modification, as necessary, of existing information systems within the Department;

2.  Provide for the security of and limited access to the information;

3.  Include case specific information, including outcomes, and have the ability to monitor the status of children and youth receiving services through the Department;

4.  Be capable of providing management reports and information regarding the various children and youth programs of the Department, and of providing aggregate information necessary for planning, monitoring and evaluation of said programs and services; and

5.  Be designed so that management and analytical reports can be readily generated for those who require them.

C.  1.  The child welfare management information system implemented by the Department of Human Services shall be integrated with the management information system implemented by the Office of Juvenile Affairs by October 1, 1996.

2.  The child welfare information system shall be available to persons authorized to obtain confidential records and reports of the Department of Human Services pursuant to Article V of the Oklahoma Children's Code.

Added by Laws 1991, H.J.R. No. 1038, § 1, emerg. eff. May 28, 1991.  Amended by Laws 1994, c. 280, § 4, eff. July 1, 1994; Laws 1995, c. 352, § 48, eff. July 1, 1995.  Renumbered from § 603.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


§10-7004-1.3.  Program planning and monitoring.

A.  The Department of Human Services shall carefully define the children and youth programs of the Department as to their purpose, the population served and performance expectations.  Planning for new programs and services and major modifications to existing ones shall include evaluation of their effect on other programs and services and communication and coordination with other public and private children and youth service providers in order to assure successful and cost-effective implementation of the program.  An evaluation component that includes monitoring and evaluation of client outcomes shall be incorporated into all of the Department's programs and services to children and youth, whether provided directly by the agency or through a contract.

1.  All programs and services shall be designed to ensure the accessibility of the program to the persons served.  Provision for transportation, child care and similar services necessary in order to assist persons to access the services shall be made.  If the service is provided in an office setting, the service shall be available during the evening.

2.  Programs and services shall be targeted to the areas of the state having the greatest need for them.  The programs and services shall be designed to meet the needs of the area in which they are located.  Programs and services intended for statewide implementation shall be implemented first in those areas that have the greatest need for them.

3.  As a part of the Department's program planning and monitoring processes, the Department shall examine its programs and services to children and youth to ensure that the practices within them do not operate to detriment of minority children and youth.

4.  All child care services and facilities operated by the Department shall be accredited by the National Council on Accreditation.

B.  The Department shall develop a five-year plan for children and youth services provided by the agency.  The plan shall be reviewed annually and modified as necessary.  Agency budget recommendations of the Department for services to children and youth shall be based upon documented needs, and the development of budget recommendations and priorities shall be closely integrated with agency and interagency program planning and management.

C.  The Department shall annually review its programs and services and submit a report to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the Supreme Court of the State of Oklahoma, analyzing and evaluating the effectiveness of the programs and services being carried out by the Department.  Such report shall include, but not be limited to:

1.  An analysis and evaluation of programs and services continued, established and discontinued during the period covered by the report;

2.  A description of programs and services which should be implemented;

3.  Statutory changes necessary;

4.  Relevant information concerning the number of children in the Department's custody during the period covered by the report; and

5.  Such other information as will enable a user of the report to ascertain the effectiveness of the Department's programs and services.

Added by Laws 1991, H.J.R. No. 1038, § 3, emerg. eff. May 28, 1991.  Amended by Laws 1995, c. 352, § 49, eff. July 1, 1995.  Renumbered from § 603.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


§10-7004-1.4.  Mental health services for children in need of treatment - Placement disputes - Arbitrator.

A.  The Department of Human Services and the Department of Mental Health and Substance Abuse Services shall jointly:

1.  Establish procedures which shall ensure that children placed in the custody of the Department of Human Services shall have adequate and appropriate access to mental health services, including but not limited to inpatient services in accordance with the provisions of the Inpatient Mental Health Treatment of Children Act, emergency services, group homes, and day treatment services, provided through the Oklahoma Youth Center and to other appropriate facilities and programs operated by or available through the Department of Mental Health and Substance Abuse Services; and

2.  Establish administrative procedures for the timely and expeditious resolution of any dispute which may arise over the placement of a child in a facility or program operated by the Department of Mental Health and Substance Abuse Services.  Such procedures shall, at a minimum, provide:

a. for a person designated by each Department to serve as its representative for the purpose of resolving any dispute which may arise over the placement of a child in an inpatient treatment facility operated by the Department of Mental Health and Substance Abuse Services; and

b. that whenever there is no resolution of a dispute over the placement of a child in an inpatient facility operated by the Department of Mental Health and Substance Abuse Services within three (3) working days after the initial request of the Department of Human Services for the consent of the Department of Mental Health and Substance Abuse Services for the placement of a child in a Department of Mental Health and Substance Abuse Services inpatient facility, an arbitrator provided for in subsection B of this section will be notified, and the matter will be immediately submitted for arbitration and that the decision of the arbitrator shall be a final decision; and

c. an opportunity for the child whose placement is in dispute to be represented at any arbitration proceedings regarding his placement.

B.  The Department of Human Services and the Department of Mental Health and Substance Abuse Services shall jointly select an individual to serve as arbitrator and an individual to serve as an alternate in case the arbitrator is unavailable.  Any person selected to serve as an arbitrator or alternate arbitrator shall:

1.  Be a person qualified to make a decision regarding the placement of a child found by a court to be a child in need of mental health treatment;

2.  Agree to make his services immediately available upon notification of a dispute to be resolved; and

3.  Agree to provide a decision within no more than one (1) week after notification of a dispute over the placement of a child.

C.  If for any reason the Department of Human Services and the Department of Mental Health and Substance Abuse Services are unable to jointly agree upon a person to serve as arbitrator by January 1, 1987, the Commission on Children and Youth shall select said person at its next regularly scheduled monthly meeting.

D.  Nothing in this title shall be construed as prohibiting the Department of Mental Health and Substance Abuse Services from admitting a child, upon the voluntary application for admission by his parent or legal guardian and the recommendation of a qualified mental health professional for such admission, to a facility or program operated by the Department of Mental Health and Substance Abuse Services appropriate for the care and treatment of the child.

Added by Laws 1986, c. 286, § 6, eff. Nov. 1, 1986.  Amended by Laws 1990, c. 51, § 8, emerg. eff. April 9, 1990; Laws 1992, c. 298, § 33, eff. July 1, 1993; Laws 1995, c. 352, § 50, eff. July 1, 1995.  Renumbered from § 1135.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


§10-7004-1.5.  Kinship Foster Care Program.

A.  There is hereby established a Kinship Foster Care Program in the Department of Human Services.

B. 1. a. When a child has been removed from the child's home and is in the care and custody of the Department, the Department shall attempt to place the child with a person determined by the Department to have a kinship relationship with the child if such placement is in the best interests of the child.

b. In determining a kinship placement for a child who has been removed from the custody of a custodial parent and placed with the Department in emergency or protective custody, priority shall be given by the Department to the placement of such child with the noncustodial parent of the child unless such placement is not in the best interests of the child.  If it is determined by the Department that placement with the noncustodial parent is not in the best interests of the child, custody shall be consistent with the provisions of Section 21.1 of this title.  If custody of the child cannot be made pursuant to the provisions of Section 21.1 of this title, the reason for such determination shall be specified in the agency records concerning the child.  In addition, such reasons shall be made known to the court by the Department.  A child's health, safety or welfare shall be of paramount concern in any placement.

2.  The Department shall establish, in accordance with the provisions of this section, eligibility standards for becoming a kinship foster care family.

C.  1.  Upon the completion of the records search to ascertain if there is an Oklahoma record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective kinship foster parent's home and subject to any other standards established by the Department, a child may be placed in the kinship home.  A kinship foster parent shall not be entitled to any payments for providing foster care until such foster parent receives final approval from the Department to be a kinship foster parent.

2.  Following placement, the Oklahoma State Bureau of Investigation shall complete a national criminal history records search based upon submission of fingerprints for any kinship foster parent and any adult residing in the home of such parent, and shall make the results of the records search available to the Department pursuant to the provisions of the Oklahoma Child Care Facilities Licensing Act.  The Director of Human Services or designee may authorize an exception to the fingerprinting requirement for an adult residing in the kinship foster care home who has a severe physical condition which precludes such person's being fingerprinted.

3.  The Department shall maintain the confidentiality of the records search results and shall use the results only for purposes of determining a person's eligibility to become a kinship foster parent.

4.  It shall be unlawful, except for the purpose of determining a person's eligibility for kinship foster care, for any person to disclose information obtained under this subsection.

5.  Any person violating the provisions of this subsection shall be guilty of a misdemeanor.

D.  A person related by blood, marriage, adoption and by tie or bond to a child and/or to whom has been ascribed a family relationship role with the child's parents or the child may be eligible for approval as a kinship foster care parent.

E.  The Department shall determine whether the person is able to effectively care for the foster child by:

1.  Reviewing personal and professional references;

2.  Observing during a visit to the home of the kinship foster care family; and

3.  Interviewing the kinship foster care parent.

F.  When the kinship foster parent is finally approved by the Department, in accordance with rules promulgated by the Commission for Human Services regarding foster care services, the kinship foster care family shall be eligible to receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether monetary or in services.  If a child is placed with a kinship foster parent prior to the home's final approval as a foster care home, the Department shall immediately refer such child and family for assistance through the Temporary Assistance for Needy Families Program.

G.  1.  The Department and the kinship foster care parent shall develop a plan for the care of the child, which shall be periodically reviewed and updated.

2.  The kinship foster parent shall cooperate with any activities specified in the case plan for the child including, but not limited to, counseling, therapy, court sessions, visits with the child's parents or other family members, and training.

H.  The Commission for Human Services shall promulgate rules necessary to carry out the provisions of this section pursuant to the Administrative Procedures Act.

Added by Laws 1996, c. 353, § 25, eff. Nov. 1, 1996.  Amended by Laws 1998, c. 421, § 29, emerg. eff. June 11, 1998; Laws 1999, c. 2, § 2, emerg. eff. March 3, 1999; Laws 2000, c. 374, § 24, eff. July 1, 2000; Laws 2001, c. 141, § 5, emerg. eff. April 30, 2001.


§10-7004-1.6.  Short title - Purpose.

A.  This section and Section 3230 of Title 70 of the Oklahoma Statutes shall be known and may be cited as the "Independent Living Act".

B.  The purpose of the Independent Living Act shall be:

1.  To ensure that eligible individuals who have been or are in the foster care program of the Department of Human Services due to abuse or neglect receive the protection and support necessary to allow the individuals to become self reliant and productive citizens through the provision requisite services that include, but are not limited to, housing, medical coverage and education; and

2.  To break the cycle of abuse and neglect that obligates the state to assume custody of children.

C.  Individuals eligible for services pursuant to the Independent Living Act include any individual up to twenty-one (21) years of age who has been in the custody of the Department of Human Services or a federally recognized Indian tribe due to abuse or neglect for any nine (9) of the twenty-four (24) months after the individual's sixteenth birthday and before the individual's eighteenth birthday.

D.  Individuals who are eligible for services pursuant to the Independent Living Act and who are between eighteen (18) and twenty-one (21) years of age shall be eligible, when funds become available, for Medicaid coverage, provided such individuals were also in the custody of the Department of Human Services or a federally recognized Indian tribe on the date they reached eighteen (18) years of age.  The Legislature directs the Oklahoma Health Care Authority to submit a State Medicaid Plan Amendment to the federal Health Care Financing Administration to provide medical coverage for such individuals to become effective fiscal year 2003.

Added by Laws 2000, c. 374, § 38, eff. July 1, 2000.  Amended by Laws 2001, c. 415, § 3, emerg. eff. June 5, 2001.


NOTE:  Editorially renumbered from § 7004.16 of this title to provide consistency in numbering.


§10-7004-1.7.  Pilot program to serve children at high risk of abuse and neglect.

A.  A pilot program to serve children at high risk of abuse and neglect shall be established by the Department of Human Services in consultation with an evaluation team created pursuant to this section if funds are available.  The pilot program shall begin no later than February 1, 2002, and end no later than May 1, 2005.

B.  The pilot program shall:

1.  Identify the populations of children at high risk of abuse and neglect and characteristics of those children at high risk of abuse and neglect, including, but not limited to, populations in which parental drug and/or alcohol abuse, mental illness, mental and/or physical disability and domestic abuse are an issue;

2.  Develop and design programs to provide services to children at high risk of abuse and neglect;

3.  Develop methods for coordinating state and local services to assist high risk children and their families;

4.  Allow and provide for participation of both urban and rural concerns in developing and designing such programs;

5.  Monitor, evaluate and review the programs implemented to serve populations of children at high risk of abuse and neglect; and

6.  Include such other areas, programs, services and information deemed necessary by the Department of Human Services to provide a comprehensive assessment of the needs and programs necessary to provide assistance to children at high risk of abuse and neglect.

C.  An evaluation team shall determine the effectiveness of the pilot program, and make a preliminary report to the Legislature, no later than February 1, 2005.  Such report shall cover:

1.  Effective programs that will serve children that are at high risk of abuse and neglect;

2.  Statewide expansion of programs;

3.  Funding sources;

4.  Training of professionals to serve such populations;

5.  Monitoring, evaluating and reviewing continued effectiveness of such programs;

6.  Special needs of children at risk of abuse and neglect from parental addiction to drugs and alcohol and parental mental illness and mental and/or physical disability and from domestic abuse; and

7.  Recommendations regarding the issuance of grants and contracts for serving such high-risk populations.

D.  The evaluation team shall consist of not more than two representatives from the following entities who have expertise in child abuse prevention or a related field and who have an understanding of program evaluation techniques:

1.  The Department of Human Services;

2.  The Department of Mental Health and Substance Abuse Services;

3.  The Oklahoma Commission on Children and Youth;

4.  The Oklahoma Indian Affairs Commission;

5.  The Oklahoma Institute for Child Advocacy;

6.  The Oklahoma Court-Appointed Special Advocate Association;

7.  The University of Oklahoma; and

8.  Oklahoma State University.

E.  1.  Upon receipt of recommendations of the team evaluating the pilot project established pursuant to this section which indicates that the expansion of the pilot project on a statewide basis would be economically feasible and practical, the Commission for Human Services shall promulgate rules for developing a statewide program serving populations of children at high risk of abuse and neglect, provided funding is available for such expansion.

2.  Upon promulgation of rules by the Commission, the provisions of this section shall become effective statewide.

F.  The Department of Human Services may:

1.  Contract for services necessary to carry out the duties of the Department pursuant to the provisions of this section; and

2.  Accept the services of volunteer workers or consultants and reimburse them for their necessary expenses pursuant to the State Travel Reimbursement Act.

Added by Laws 2001, c. 356, § 1, emerg. eff. June 4, 2001.


§10-7004-2.1.  Community-based services and care for deprived children - Grants and contracts.

A.  The Department of Human Services shall, to the extent of funds available, directly or by grant or contract, develop and implement a diversity of community-based services and community-based care for children who are alleged or adjudicated deprived.  Community-based services are prevention and remedial services including, but not limited to, home-based counseling, therapy and crisis intervention services, nonresidential educational, vocational, social and psychological diagnostic and counseling services, substance abuse treatment, sexual abuse treatment, emergency shelter and foster care, and other related protection, prevention and treatment services which are provided, whenever practicable, in or near a child's home community.  If a child is placed with a noncustodial parent, the noncustodial parent's home shall be construed to be the child's home community.  Community-based care is care in a foster home, group home, community residential center or similar nonsecure facility consistent with the individualized treatment needs of the child and provided, whenever practicable, in or near a child's home community.  The Department is authorized to contract with any federal, state, local or tribal governmental agency or with any qualified private person, association or agency to develop, administer, coordinate or provide community-based services and community-based care.

B.  The Department shall establish procedures for the letting of grants or contracts, and the conditions and requirements for the receipt of such grants or contracts, for community-based services and community-based care.  A copy of such procedures shall be made available to any member of the general public upon request.

C.  Requests for proposals developed by the Department shall be based upon documented client and service needs and identified priorities.  The request for proposals shall clearly identify the program or services requirements, the population to be served and performance expectations.  The agency shall adopt clear, written guidelines to ensure uniformity in the management, monitoring and enforcement of contracts for services.  If in-state private providers are unable or unwilling to respond to the proposal, then out-of-state providers should be encouraged to respond.

D.  Nothing in this section shall serve to limit the authority of the Department to secure federal funding for community-based services and community-based care or compliance by the Department with federal law and regulations governing the expenditure of such funds.

E.  Any state-funded grant or contract for the establishment of community residential care or treatment facilities for children shall require, as a condition for receipt of such grant or contract, documented assurance from the agency or organization establishing such facility that appropriate arrangements have been made for providing the educational services to which residents of the facility are entitled pursuant to state and federal law.

F.  The Department of Human Services is hereby authorized to, and shall, enter into cooperative agreements with the Department of Juvenile Justice for the use by both Departments of existing community-based programs, management information and client tracking systems, and other shared resources as deemed necessary or appropriate by both Departments.

G.  The Department of Human Services is hereby authorized to expend a sum not to exceed One Million Four Hundred Thousand Dollars ($1,400,000.00) from monies appropriated for that purpose from the Human Services Fund during each fiscal year for the purpose of providing subsidy payments to licensed nonprofit child care institutions within the State of Oklahoma to furnish food, clothing, shelter and upkeep for Oklahoma children and to assist the agency in developing a more comprehensive program to meet the needs of each child in the program including, but not limited to, social services, recreational activities and individual and family counseling with the goal of returning the child to his family.  Such subsidy shall be made on a per capital basis not to exceed One Thousand Two Hundred Dollars ($1,200.00) per year and shall be expended in twelve (12) monthly payments beginning July 1 of the fiscal year.  Nothing in this section shall preclude an individual from receiving federal matching funds for which he would otherwise be eligible.

Added by Laws 1995, c. 352, § 51, eff. July 1, 1995.  Amended by Laws 2001, c. 141, § 6, emerg. eff. April 30, 2001.


§10-7004-3.1.  Administration of children's facilities.

A.  1.  The Department of Human Services is authorized to manage and operate the children's shelter located at Oklahoma City, known and designated as the Pauline Mayer Children's Shelter, and the children's shelter located in Tulsa, known and designated as the Laura Dester Children's Shelter.

2.  The Department is authorized to manage and operate, to the extent of funds available, such group homes as may be necessary to provide a diversity of placement alternatives for children adjudicated deprived and placed in the Department's custody.

B.  The Commission for Human Services shall establish and maintain such methods of administration, including those necessary to establish and maintain a merit system of personnel administration, and shall prescribe such rules as it deems necessary for the efficient and effective operation of the children's facilities operated by the Department.

C.  The Director of the Department of Human Services shall employ and fix the duties and compensation of a director or supervisor, and such other personnel as he deems necessary, for each of the children's facilities operated by the Department; provided that the Department shall promulgate, and in its hiring and employment practices, the Department shall adhere to, written minimum qualifications by position for personnel working with or around children in said facilities.  Such minimum qualifications shall be designed to assure that such personnel possess sufficient education, training, experience and background to provide adequate and safe professional care and services to said children; and that the children will not be exposed to abuse, deprivation, criminal conduct, or other unwholesome conditions attributable to employee incompetence or misconduct.

D.  It shall be the duty of the State Fire Marshal and the Commissioner of Public Health to cause annual unannounced inspections of children's facilities operated by the Department, utilizing adequately trained and qualified inspection personnel, to determine and evaluate conditions in their respective areas of agency jurisdiction.  Such inspections shall include, but not be limited to, compliance with minimum fire, life and health safety standards and compliance with minimum standards governing general sanitation of the institution.  Reports of such inspections will be made in writing, itemizing and identifying any deficiencies and recommending corrective measure, and shall be filed with the Child Care Facilities Licensing Division of the Department of Human Services, the Office of Juvenile System Oversight and the Commission on Children and Youth.

E.  The Department of Human Services shall file copies of the reports of the inspections and recommendations of the accrediting agencies with the Office of Juvenile System Oversight.

F.  The Department may give assistance to local school districts in providing an education to children in facilities operated by the Department, may supplement such education and may provide facilities for such purposes.  It shall be the duty of the Department to assure that children in the aforesaid facilities receive educational services which will stress basic literacy skills, including but not limited to, curricula requirements, stressing reading, writing, mathematics, science and vocational-technical education.

Added by Laws 1968, c. 282, § 403, eff. Jan. 13, 1969.  Amended by Laws 1982, c. 312, § 33, operative July 1, 1982; Laws 1995, c. 352, § 52, eff. July 1, 1995.  Renumbered from § 1403 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


§10-7004-3.2.  Rules, policies and procedures regarding children in Department custody.

A.  The Commission for Human Services shall promulgate written rules, outline policies and procedures governing the operation of those facilities operated with the Department of Human Services wherein children may be housed.  Said policies and procedures shall include, but not be limited to, standards of cleanliness, temperature and lighting, availability of medical and dental care, provision of food, furnishings, clothing and toilet articles, supervision, appropriate and permissible use of restriction and confinement, procedures for enforcing rules of conduct consistent with due process of law and visitation privileges.

B.  The policies prescribed shall, at a minimum, ensure that:

1.  A child shall not be punished by physical force, deprivation of nutritious meals, deprivation of family visits or solitary confinement;

2.  A child shall have the opportunity to participate in physical exercise each day;

3.  A child shall be allowed daily access to showers and his own clothing or individualized clothing which is clean;

4.  A child shall have constant access to writing materials and may send mail without limitation, censorship or prior reading, and may receive mail without prior reading, except that mail may be opened in the presence of the child, without being read, to inspect for contraband;

5.  A child shall have reasonable opportunity to communicate and to visit with his family on a regular basis, and to communicate with persons in the community;

6.  A child shall have immediate access to medical care as needed, and shall receive necessary psychological and psychiatric services;

7.  A child in the custody or care of the Department shall be provided access to education including teaching, educational materials and books, provided, that such policies shall provide emphasis upon basic literacy skills, including but not limited to curricula requirements stressing reading, writing, mathematics, science, vocational-technical education, and other courses of instruction designed to assure that such children will be capable of being assimilated into society as productive adults capable of self-support and full participation;

8.  A child shall have reasonable access to an attorney upon request;

9.  A child shall be afforded a grievance procedure, including an appeal procedure; and

10.  A child's mental health needs and mental well-being will be met, protected and served through provision of guidance, counseling and treatment programs, staffed by competent, professionally qualified persons, serving under the supervision of qualified mental health professionals as such term is defined by the Inpatient Mental Health and Substance Abuse Treatment of Minors Act.

C.  Any contract or agreement entered into by the Department of Human Services for the residential care and treatment of children in the custody of the Department of Human Services shall provide that the contractor shall comply with the provisions of subsections A and B of this section and the provisions of this part.

Added by Laws 1982 c. 312, § 34, operative July 1, 1982.  Amended by Laws 1986, c. 286, § 7, eff. Nov. 1, 1986; Laws 1990, c. 51, § 9, emerg. eff. April 9, 1990; Laws 1995, c. 352, § 53, eff. July 1, 1995.  Renumbered from § 1403.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 2002, c. 327, § 20, eff. July 1, 2002.


§10-7004-3.3.  Use of physical force - Mechanical restraints.

A.  Use of physical force in facilities operated by the Department of Human Services wherein children are housed shall be permitted only under the following circumstances:

1.  For self-protection;

2.  To separate children who are fighting;

3.  To restrain children in danger of inflicting harm to themselves or others; or

4.  To deter children who are in the process of leaving the facility without authorization.

B.  When use of physical force is authorized, the least force necessary under the circumstances shall be employed.

C.  Staff members of residential and nonresidential programs who are assigned to work with children shall receive written guidelines on the use of physical force, and that, in accordance with staff disciplinary procedures, loss of employment may result if unauthorized use of physical force is proven.

D.  Use of mechanical restraints in facilities operated with the Department of Human Services or the Department of Mental Health and Substance Abuse Services wherein children are housed shall be minimal and shall be prohibited except as specifically provided for in the rules of each of the Departments.

Added by Laws 1982 c. 312, § 35, operative July 1, 1982.  Amended by Laws 1988, c. 238, § 4, emerg. eff. June 24, 1988; Laws 1990, c. 51, § 10, emerg. eff. April 9, 1990; Laws 1995, c. 352, § 54, eff. July 1, 1995.  Renumbered from § 1403.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


§10-7004-3.4.  Office of Client Advocacy.

A.  The Commission for Human Services is authorized and directed to establish the Office of Client Advocacy within the Department and to employ such personnel as may be necessary to carry out the purposes of this section and the duties listed in this section.  Such personnel may be dismissed only for cause.

1.  The chief administrative officer of the Office of Client Advocacy shall be the Advocate General, who shall be an attorney selected from a list of three names submitted by the Oklahoma Commission on Children and Youth.  The Advocate General shall be a member of the Oklahoma Bar Association and shall have a minimum of three (3) years' experience as an attorney.  The compensation of the Advocate General shall be no less than that of the classification of Attorney III as established in the Merit System of Personnel Administration classification and compensation plan, but shall be an unclassified position.

2.  The duties and responsibilities of the Advocate General are as follows:

a. supervise personnel assigned to the Office of Client Advocacy,

b. monitor and review grievance procedures and hearings,

c. establish and maintain a fair, simple and expeditious system for resolution of grievances of:

(1) all children in the custody of the Department of Human Services regarding the substance or application of any written or unwritten policy or rule of the Department or of an agent of the Department or any decision or action by an employee or an agent of the Department, or of any child in the custody of the Department,

(2) foster parents relating to the provision of foster care services pursuant to this section and Section 7204.1 of this title, and

(3) all persons receiving services from the Developmental Disabilities Services Division of the Department of Human Services,

d. investigate allegations of abuse, neglect, sexual abuse, and sexual exploitation, as those terms are defined in the Oklahoma Child Abuse Reporting and Prevention Act, by a caretaker of children, regardless of custody:

(1) residing outside their own homes other than children in foster care,

(2) in a day treatment program as defined in Section 175.20 of this title, and submit a report of the results of the investigation to the appropriate district attorney and to the State Department of Health,

(3) receiving services from a community services worker as that term is defined in Section 1025.1 of Title 56 of the Oklahoma Statutes, and

(4) residing in a state institution listed in Section 1406 of this title,

e. establish a system for investigating allegations of caretaker misconduct not rising to the level of abuse, neglect, sexual abuse or sexual exploitation with regard to any child or resident listed in subparagraph d of this paragraph,

f. coordinate any hearings or meetings of Departmental administrative review committees conducted as a result of unresolved grievances or as a result of investigations,

g. make recommendations to the Director, and provide regular or special reports regarding grievance procedures, hearings and investigations to the Director, the Commission, the Office of Juvenile System Oversight and other appropriate persons as necessary,

h. forward to the Office of Juvenile Systems Oversight, for the information of the Director of that office, a copy of the final report of any grievance which is not resolved in the favor of the complainant,

i. perform such other duties as required by the Director of the Department or the Commission, and

j. develop policies and procedures as necessary to implement the duties and responsibilities assigned to the Office of Client Advocacy.

B.  The Office of Client Advocacy shall make a complete written report of their investigations.  The investigation report, together with its recommendations, shall be submitted to the appropriate district attorney's office.

C.  Except as otherwise provided by the Oklahoma Child Abuse Reporting and Prevention Act, the reports required by Section 7103 of this title or any other information acquired pursuant to the Oklahoma Child Abuse Reporting and Prevention Act shall be confidential and may be disclosed only as provided in Section 7111 of this title and the Oklahoma Children's Code.

1.  Except as otherwise provided by the Oklahoma Child Abuse Reporting and Prevention Act, any violation of the confidentiality requirements of the Oklahoma Child Abuse Reporting and Prevention Act shall, upon conviction, be a misdemeanor 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.

2.  Any records or information disclosed as provided by this subsection shall remain confidential.  The use of any information shall be limited to the purpose for which disclosure is authorized.  Rules promulgated by the Commission for Human Services shall provide for disclosure of relevant information concerning Office of Client Advocacy investigations to persons or entities acting in an official capacity with regard to the subject of the investigation.

3.  Nothing in this section shall be construed as prohibiting the Office of Client Advocacy or the Department from disclosing such confidential information as may be necessary to secure appropriate care, treatment or protection of a child alleged to be abused or neglected.

D.  1.  The Office of Client Advocacy shall investigate any complaint alleging an employee of the Department or of a child-placing agency has threatened a foster parent with removal of a child from the foster parent, harassed a foster parent, or refused to place a child in a licensed or certified foster home, or disrupted a child placement as retaliation or discrimination towards a foster parent who has:

a. filed a grievance pursuant to Section 7213 of this title,

b. provided information to any state official or Department employee, or

c. testified, assisted, or otherwise participated in an investigation, proceeding or hearing against the Department or child-placing agency.

2.  The provisions of this subsection shall not apply to any complaint by a foster parent regarding the result of a criminal, administrative or civil proceeding for a violation of any law, rule or contract provision by that foster parent, or the action taken by the Department or a child-placement agency in conformity with the result of any such proceeding.

3.  The Office of Client Advocacy shall at all times be granted access to any foster home or any child-placing agency which is certified, authorized or funded by the Department.

Added by Laws 1982, c. 312, § 36, operative July 1, 1982.  Amended by Laws 1995, c. 352, § 55, eff. July 1, 1995.  Renumbered from § 1403.3 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 3, § 3, emerg. eff. March 6, 1996; Laws 1997, c. 389, § 7, eff. Nov. 1, 1997; Laws 2000, c. 374, § 25, eff. July 1, 2000; Laws 2001, c. 415, § 4, emerg. eff. June 5, 2001; Laws 2002, c. 445, § 6, eff. Nov. 1, 2002.


NOTE:  Laws 1995, c. 231, § 2 repealed by Laws 1996, c. 3, § 25, emerg. eff. March 6, 1996.


§10-7004-3.5.  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 such services or the parent or guardian of the minor mother consents to such 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 Part 2 of Article III 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 this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


§10-7005-1.1.  Court to make and keep records - Definitions.

A.  The court shall make and keep records of all cases brought before it.  The court shall devise and cause to be printed such forms for social and legal records and such other papers as may be required.

B.  As used in the Oklahoma Children's Code:

1.  "Records" shall include but not be limited to written or printed documents, papers, logs, reports, files, case notes, films, photographs, audio or visual tape recordings, and shall include information entered into and maintained in an automated or computerized information system;

2.  "Juvenile court record" means legal and social records other than adoption records, including but not limited to agency, law enforcement and district attorney's records, filed with the court that are related to a child who is the subject of a court proceeding pursuant to the provisions of the Oklahoma Children's Code;

3.  "Agency record" means records prepared, obtained or maintained by a public or private agency with regard to a child who is or has been under its care, custody or supervision or to a family member or other person living in the home of such child and shall include but not be limited to:

a. any study, plan, recommendation, assessment or report made or authorized to be made by such agency for the purpose of determining or describing the history, diagnosis, custody, condition, care or treatment of such child, or

b. any records made in the course of any investigation or inquiry conducted by an agency to determine whether a child is or may be a deprived child, a delinquent child, a child in need of supervision or a child in need of treatment;

4.  "District attorney's records" means any records prepared or obtained by an office of a district attorney relating to juvenile cases and any records prepared or obtained for the prosecution of crimes against children that constitute a legal or social record of a child as defined by this section;

5.  "Law enforcement records" means any contact, incident or similar reports, arrest records, disposition records, detention records, fingerprints, or photographs related to a child and shall include but not be limited to reports of investigations or inquiries conducted by a law enforcement agency to determine whether a child is or may be subject to the provisions of this title as a deprived child, a delinquent child, a child in need of supervision or a child in need of treatment.  Law enforcement records pertaining to juveniles shall be maintained separately from records pertaining to adults;

6.  "Nondirectory education records" means any records maintained by a public or private school, including a technology center school, regarding a child who is or has been a student at the school which are categorized as private or confidential records pursuant to the federal Family Educational Rights and Privacy Act of 1974 and any rules promulgated pursuant to said act;

7.  "Legal record" means any petition, docket, motion, finding, order, judgment, pleading, paper or other document, other than social records, filed with the court;

8.  "Social record" means social studies and medical, psychological, clinical or other treatment reports or studies, educational records and agency records other than legal records filed with the court; and

9.  "Participating agency" means any public or private agency that has entered into a contract or an interagency agreement under the Interlocal Cooperation Act in accordance with the rules and guidelines adopted pursuant to Section 620.6 of this title for the purpose of accessing and sharing information necessary for the care, treatment, and supervision of children and youth.

Added by Laws 1968, c. 282, § 125, eff. Jan. 13, 1969.  Amended by Laws 1989, c. 363, § 10, eff. Nov. 1, 1989; Laws 1991, c. 296, § 9, eff. Jan. 1, 1992; Laws 1995, c. 352, § 57, eff. July 1, 1995.  Renumbered from § 1125 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 2001, c. 33 § 9, eff. July 1, 2001.


§7005-1.2.  Confidential records.

A.  Except as provided by this section and except as otherwise specifically provided by state and federal laws, the following records are confidential and shall not be open to the general public or inspected or their contents disclosed:

1.  Juvenile court records;

2.  Agency records;

3.  District attorney's records;

4.  Law enforcement records;

5.  Nondirectory education records; and

6.  Social records.

B.  The limitation of subsection A of this section shall not apply to statistical information and other abstract information obtained pursuant to the provisions of the Oklahoma Children's Code.

C.  Except as authorized by Section 620.6 of this title and this article and except as otherwise specifically provided by state and federal laws pertaining to the confidentiality of records and information and the inspection, release, disclosure, correction or expungement of such information, including, but not limited to, state and federal laws pertaining to education records, medical records, drug or alcohol treatment records, law enforcement, or social service records, the records listed in subsection A of this section shall be confidential and shall be inspected, released, disclosed, corrected or expunged only pursuant to an order of the court.  Except as otherwise provided in Section 601.6 of this title, no subpoena or subpoena duces tecum purporting to compel disclosure of such information or record shall be valid.

D.  An order of the court authorizing the inspection, release, disclosure, correction or expungement of confidential records shall be entered by the court only after a review of the records and a determination by a judge of the district court designated pursuant to this subsection, with due regard for the confidentiality of the records and the privacy of persons identified in the records, that a compelling reason exists and such inspection, release or disclosure is necessary for the protection of a legitimate public or private interest.

1.  Except for district attorney's records, any order authorizing the disclosure, release or inspection of such records pursuant to this subsection may be conditioned on such terms and restrictions as the court deems necessary and appropriate.

2.  Upon the filing of a petition for an order of the court pursuant to this section, the court shall set a date for a hearing and shall provide three (3) judicial days' notice to the agency holding the records and the person who is the subject of the record if such person is eighteen (18) years of age or older or to the parents of a child less than eighteen (18) years of age who is the subject of the record, to the attorneys, if any, of such person, child or parents and any other interested party as ordered by the court.  The hearing may be closed at the court's discretion.

3.  Upon the filing of a petition for an order of the court pursuant to this section, the judge of the court having jurisdiction to issue the order authorized by this section shall request the presiding judge of the judicial district to designate another judge to review the confidential records and make a determination as to whether any information contained in the records may be inspected, released, disclosed, corrected or expunged.  Any order issued by the judge of the court having jurisdiction to issue such order shall be based on and consistent with the determination of the judge reviewing the confidential records.

E.  Any agency or person may seek an order from the juvenile court prohibiting the release of information subject to disclosure without an order of the court pursuant to Section 620.6 of this title and this article.  The court may, for good cause shown, prohibit the release of such information or authorize release of the information upon such conditions as the court deems necessary and appropriate, subject to the provisions of subsection D of this section.

F.  The court may authorize a designated person to review juvenile court confidential reports and records and collect statistical information and other abstract information for research purposes.  Such authorization shall be in writing and state specifically the type of information which may be reviewed.

Each person granted permission to inspect confidential reports and records for research purposes shall present a notarized statement to the court stating that the names of children, parents and such other persons required by the court to be confidential will remain confidential.

G.  Nothing in Section 620.6 of this title and this article shall be construed as:

1.  Authorizing the inspection of records or the disclosure of information contained in records relating to the provision of benefits or services funded, in whole or in part, with federal funds, except in accord with federal statutes and regulations governing the receipt or use of such funds;

2.  Authorizing the disclosure of papers, records, books or other information relating to the adoption of a child required to be kept confidential.  The disclosure of such information shall be governed by the provisions of the Oklahoma Adoption Code;

3.  Abrogating any privilege, including the attorney-client privilege, or affecting any limitation on such privilege found in any other statutes;

4.  Limiting or otherwise affecting access of parties to a deprived proceeding to records filed with or submitted to the court;

5.  Limiting or otherwise affecting access of agencies to information subject to disclosure, review, or inspection by contract or as a condition for the receipt of public funds or participation in any program administered by the agency;

6.  Prohibiting the Department of Human Services from summarizing the outcome of an investigation to the person who reported a known or suspected instance of child abuse or neglect or to any person providing services to a child who is or is alleged to be a victim of child abuse;

7.  Authorizing the disclosure of the identity or location information of any person who has reported an allegation of known or suspected child abuse or neglect unless such disclosure is specifically ordered by the court; or

8.  Prohibiting the Department of Human Services from providing a summary of allegations and findings of an investigation involving a child care facility that does not disclose identities but that permits parents to evaluate the facility.

H.  The confidential records listed in subsection A of this section may be inspected and their contents disclosed without a court order to a school district in which the child who is the subject of the record is currently enrolled.  The inspection of records and disclosure authorized by this subsection may be limited to summaries or to information directly necessary for the purpose of such inspection or disclosure.  Upon request by the school district, or as otherwise required to be provided by the Department pursuant to the Oklahoma Child Abuse Reporting and Prevention Act, the agency in possession of the records shall provide the requested information to the school district.  Any records disclosed as provided by this subsection shall remain confidential.  The use of any information shall be limited to the purposes for which disclosure is authorized.

Added by Laws 1991, c. 296, § 10, eff. Jan. 1, 1992.  Amended by Laws 1993, c. 306, § 1, eff. Sept. 1, 1993; Laws 1995, c. 352, § 58, eff. July 1, 1995.  Renumbered from § 1125.1 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 297, § 22, emerg. eff. June 10, 1996; Laws 1997, c. 350, § 5, eff. July 1, 1997; Laws 1998, c. 416, § 7, eff. Nov. 1, 1998; Laws 1999, c. 81, § 1, eff. Nov. 1, 1999; Laws 1999, c. 396, § 9, emerg. eff. June 10, 1999.


NOTE:  Laws 1998, c. 415, § 2 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999.  Laws 1999, c. 1, § 3 repealed by Laws 1999, c. 396, § 31, emerg. eff. June 10, 1999 and by Laws 1999, c. 426, § 4, eff. Nov. 1, 1999.


§10-7005-1.3.  Inspection of records without court order - Penalties for unlawful disclosure.

A.  Juvenile court records may be inspected, and their contents shall be disclosed, without a court order to the following persons upon showing of proper credentials and pursuant to their lawful duties:

1.  The court having the child currently before it in any proceeding pursuant to this title, any district court or tribal court to which such proceedings may be transferred, employees and officers of the court in the performance of their duties, including but not limited to guardians ad litem appointed by the court, and court-appointed special advocates;

2.  Employees of court-appointed special advocate programs, as defined in Section 7001-1.3 of this title, in the course of their official duties pertaining to recruiting, screening, training, assigning cases, supervising and supporting volunteers in their roles as guardian ad litem, pursuant to Section 7003-3.7 of this title;

3.  Members of postadjudication review boards established pursuant to the provisions of Section 1116.2 of this title, the Child Death Review Board, and multidisciplinary personnel.  In addition to juvenile court records, members of such postadjudication review boards may inspect, without a court order, information that includes, but is not limited to:

a. psychological and medical records,

b. placement history and information, including the names and addresses of foster parents,

c. family assessments,

d. treatment or service plans, and

e. school records;

4.  A district attorney, United States Attorney, or Attorney General of this or another state and the employees of such offices in the course of their official duties pursuant to this title or the prosecution of crimes against children, or upon their request in their official capacity as advisor in a grand jury proceeding;

5.  The attorney representing a child who is the subject of a proceeding pursuant to the provisions of this title, including the attorney representing a child pursuant to the provisions of subsection C of Section 7002-1.2 of this title or representing a child pursuant to the provisions of subsection A of Section 7112 of this title.  Such attorney may also access other records listed in subsection A of Section 7005-1.2 of this title for use in the legal representation of the child;

6.  Employees of juvenile bureaus in the course of their official duties pursuant to this title, and employees of the Department of Human Services in the course of their official duties;

7.  Employees of a law enforcement agency of this or another state and employees of a child protective service of another state in the course of their official duties pertaining to investigations of a report of known or suspected child abuse or neglect or crimes against children or for the purpose of determining whether to place a child in protective custody;

8.  Persons and agencies authorized by Section 7005-1.7 of this title;

9.  The Oklahoma Commission on Children and Youth as provided by Sections 601.2 and 601.6 of this title;

10.  The Department of Human Services or other public or private agency or individual having court-ordered custody or custody pursuant to Department of Human Services placement of the child who is the subject of the record;

11.  The Office of Juvenile Affairs;

12.  The child who is the subject of the record and the parents, legal guardian, custodian or foster parent of such child;

13.  A federally recognized Indian tribe in which the child who is the subject of the record is a member or is eligible to become a member of the tribe and is the biological child of a member of an Indian tribe pursuant to the provisions of the Federal Indian Child Welfare Act, P.L. 95-608, and the Oklahoma Indian Child Welfare Act; provided such Indian tribe, in the course of its official duties, is:

a. investigating a report of known or suspected child abuse or neglect or crimes against children or for the purpose of determining whether to place a child in protective custody,  

b. providing services to or for the benefit of a child including, but not limited to, protective, emergency, social and medical services, or

c. the tribe, the tribal court or the tribal child welfare program has asserted jurisdiction or intervened in any case in which the child is the subject of the proceedings or is a party to the proceedings pursuant to the authority provided in the Oklahoma Indian Child Welfare Act.

The records that are to be provided to Indian tribes under this subsection shall include all case records, reports, and documents as defined in Section 7005-1.1 of this title;

14.  The Governor or to any person the Governor designates, in writing;

15.  Any federal official of the United States Department of Health and Human Services;

16.  Any member of the Legislature approved in writing by the Speaker of the House of Representatives or the President Pro Tempore of the Senate;

17.  Persons authorized by and in the manner provided in the Oklahoma Child Abuse Reporting and Prevention Act;

18.  A foster parent, with regard to records concerning the social, medical, psychological or educational needs of a child currently placed with that foster parent or of a child being considered for placement with that foster parent;

19.  An employee of any state or federal corrections or law enforcement agency in the performance of such employee's official duties concerning presentence investigations or supervision of a parent of an alleged or adjudicated deprived child, or the legal guardian, custodian or any other adult member of the child's home who is responsible for the health, safety or welfare of the child; and

20.  An employee of a state agency of this or another state in the performance of such employee's official duties concerning the establishment of paternity or the establishment or enforcement of a child support order or other entitlement for the benefit of a child; provided, disclosure shall be limited to information directly related to the purpose of such disclosure.

B.  In accordance with the rules promulgated for such purpose pursuant to Section 620.6 of this title, records listed in subsection A of Section 7005-1.2 of this title may be inspected and their contents disclosed without a court order to participating agencies.

C.  Records and their contents disclosed without an order of the court as provided by this section shall remain confidential.  The use of such information shall be limited to the purposes for which disclosure is authorized.  It shall be unlawful and a misdemeanor for any person to furnish any record or disclose any information contained therein for commercial, political or any other unauthorized purpose.

Added by Laws 1991, c. 296, § 11, eff. Jan. 1, 1992.  Amended by Laws 1993, c. 78, § 1, emerg. eff. April 18, 1993; Laws 1993, c. 306, § 2, eff. Sept. 1, 1993; Laws 1995, c. 352, § 59, eff. July 1, 1995.  Renumbered from § 1125.2 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 200, § 18, eff. Nov. 1, 1996; Laws 1997, c. 386, § 20, emerg. eff. June 10, 1997; Laws 1998, c. 416, § 8, eff. Nov. 1, 1998; Laws 2000, c. 374, § 26, eff. July 1, 2000; Laws 2005, c. 153, § 1, eff. Nov. 1, 2005.


§10-7005-1.4.  Disclosure of Department of Human Services records without court order - Confidentiality - Violations.

A.  Department of Human Services agency records pertaining to a child may be inspected and their contents disclosed without a court order to the following persons upon showing of proper credentials and pursuant to their lawful duties:

1.  The court having the child currently before it in any proceeding pursuant to this title, any district court or tribal court to which such proceedings may be transferred, employees and officers of the court in the performance of their duties, including but not limited to guardians ad litem appointed by the court, postadjudicatory review boards, court-appointed special advocates, and members of the Child Death Review Board;

2.  Any district court which has ordered a home study by the Department in an action for divorce, annulment, custody of a child, or appointment of a legal guardian of a child, or any subsequent proceeding in such actions; provided, however, the Department may limit disclosure in the home study to summaries or to information directly related to the purpose of such disclosure;

3.  A district attorney, United States Attorney or Attorney General of this or another state and the employees of such offices in the course of their official duties pursuant to this title or the prosecution of crimes against children or upon their request in their official capacity as advisor in a grand jury proceeding;

4.  The attorney representing a child who is the subject of a proceeding pursuant to the provisions of this title including the attorney representing a child pursuant to the provisions of subsection C of Section 7002-1.2 of this title or representing a child pursuant to the laws relating to child abuse and neglect.  Such attorney may also access other records listed in subsection A of Section 7005-1.2 of this title for use in the legal representation of the child;

5.  Employees of juvenile bureaus in the course of their official duties;

6.  Employees of a law enforcement agency of this or another state and employees of a child protective service agency of another state or federally recognized Indian tribe in the course of their official duties pertaining to investigations of a report of known or suspected child abuse or neglect or crimes against children or for the purpose of determining whether to place a child in protective custody;

7.  The Oklahoma Commission on Children and Youth as provided by Sections 601.2 and 601.6 of this title;

8.  The Office of Juvenile Affairs;

9.  Persons and agencies authorized by Section 7005-1.7 of this title;

10.  Members of multidisciplinary teams or multidisciplinary personnel designated by the Department of Human Services, investigating a report of known or suspected child abuse or neglect or providing services to a child or family which is the subject of the report;

11.  A physician who has before him or her a child whom the physician reasonably suspects may be abused or neglected or any health care or mental health professionals involved in the evaluation or treatment of the child, the child's parents, legal guardian, foster parent, custodian or other family members;

12.  Any public or private agency or person authorized by the Department to diagnose, or provide care, treatment, supervision or other services to a child who is the subject of a report or record of child abuse or neglect, provided the Department may limit such disclosure to summaries or to information directly necessary for the purpose of such disclosure;

13.  Any federally recognized Indian tribe or state or county child protective services or child welfare agency providing for or supervising the diagnosis, care, treatment, supervision or other services provided such child;

14.  A parent, legal guardian or custodian of the child who is the subject of such records; provided, that records disclosed shall be limited to juvenile court records as defined by Section 7005-1.1 of this title.  All other agency records pertaining to or related to any alleged or adjudicated abuse or neglect of the child shall not be inspected or disclosed pursuant to this paragraph;

15.  Any person or agency for research purposes, if all of the following conditions are met:

a. the person or agency conducting such research is employed by the State of Oklahoma or is under contract with this state and is authorized by the Department of Human Services to conduct such research, and

b. the person or agency conducting the research ensures that all documents containing identifying information are maintained in secure locations and access to such documents by unauthorized persons is prohibited; that no identifying information is included in documents generated from the research conducted; and that all identifying information is deleted from documents used in the research when the research is completed;

16.  Persons authorized by and in the manner provided in the Oklahoma Child Abuse Prevention and Reporting Act;

17.  A foster parent, with regard to records concerning the social, medical, psychological or educational needs of a child currently placed with that foster parent or of a child being considered for placement with that foster parent;

18.  The Governor or to any person the Governor designates, in writing;

19.  Any federal official of the United States Department of Health and Human Services;

20.  The Oklahoma Health Care Authority;

21.  Any member of the Legislature approved in writing by the Speaker of the House of Representatives or the President Pro Tempore of the Senate;

22.  Any person or agency authorized to receive any paper, record, book or other information pursuant to the Oklahoma Adoption Code pertaining to a child who is the subject of an adoption proceeding or relatives who are related to such child within the third degree of consanguinity;

23.  Employees of any state or federal corrections or law enforcement agency in the performance of their official duties concerning presentence investigations or supervision of a parent of an alleged or adjudicated deprived child or the legal guardian, custodian or any other adult member of the child's home who is responsible for the care of the child; and

24.  An employee of a state agency of this or another state in the performance of such employee's official duties concerning the establishment of paternity or the establishment or enforcement of a child support order or other entitlement for the benefit of a child; provided, the Department shall limit disclosure to information directly related to the purpose of such disclosure.

B.  In accordance with the rules promulgated for such purpose pursuant to the provisions of Section 620.6 of this title, records may be inspected and their contents disclosed without a court order to participating agencies.

C.  Nothing in this section shall be construed as prohibiting the Department from disclosing such confidential information as may be necessary to secure appropriate care, treatment, protection or supervision of a child alleged to be abused or neglected.

D.  Records and their contents disclosed pursuant to this section shall remain confidential.  The use of such information shall be limited to the purposes for which disclosure is authorized.  It shall be unlawful and a misdemeanor for any person to furnish any record or disclose any information contained therein for any unauthorized purpose.

E.  1.  In cases involving the death or near death of a child when a person responsible for the child has been charged by information or indictment with committing a crime resulting in the child's death or near death, there shall be a presumption that the best interest of the public will be served by public disclosure of certain information concerning the circumstances of the investigation of the death or near death of the child and any other investigations concerning that child, or other children living in the same household.

2.  At any time subsequent to seven (7) days of the date the person responsible for the child has been criminally charged, the Department of Human Services, the Oklahoma Commission on Children and Youth, or the district attorney may release the following information to the public:

a. a confirmation that a report has been made concerning the alleged victim or other children living in the same household and whether an investigation has begun,

b. confirmation as to whether previous reports have been made and the dates thereof, a summary of those previous reports, the dates and outcome of any investigations or actions taken by the Department of Human Services in response to any report of child abuse or neglect, and any actions taken by the district attorney after submission of any investigative report, and

c. the dates of any judicial proceedings prior to the child's death or near death, a summary of each participant's recommendations made at the judicial proceedings, and the rulings of the court.

3.  Any disclosure of information pursuant to this section shall not identify or provide an identifying description of any complainant or reporter of child abuse or neglect, and shall not identify the name of the child victim's siblings or other children living in the same household, the parent or other person responsible for the child or any other member of the household, other than the person criminally charged.

F.  For purposes of this section, the term "near death" means the child is in serious or critical condition, as certified by a physician, as a result of abuse or neglect.

Added by Laws 1993, c. 306, § 3, eff. Sept. 1, 1993.  Amended by Laws 1995, c. 352, § 60, eff. July 1, 1995.  Renumbered from § 1125.2A of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 200, § 19, eff. Nov. 1, 1996; Laws 1996, c. 297, § 23, emerg. eff. June 10, 1996; Laws 1997, c. 386, § 9, emerg. eff. June 10, 1997; Laws 1998, c. 416, § 9, eff. Nov. 1, 1998; Laws 2000, c. 374, § 27, eff. July 1, 2000.


NOTE:  Laws 1995, c. 353, § 18 repealed by Laws 1996, c. 3, § 25, emerg. eff. March 6, 1996.


§10-7005-1.5.  Department of Human Services records - Release to Indian tribes.

Department of Human Services agency records pertaining to a child may be inspected and their contents disclosed and released without a court order to a federally recognized Indian tribe in which the child who is the subject of the record is a member or is eligible to become a member of the tribe and is the biological child of a member of an Indian tribe pursuant to the Federal Indian Child Welfare Act, P.L. 95-608, and the Oklahoma Indian Child Welfare Act, Section 40 et seq. of Title 10 of the Oklahoma Statutes; provided such Indian tribe, in the course of its official duties, is:

a. investigating a report of known or suspected child abuse or neglect or crimes against children or for the purpose of determining whether to place a child in protective custody, or

b. providing services to or for the benefit of a child including but not limited to protective, emergency, social and medical services, or

c. the tribe, the tribal court or the tribal child welfare program has asserted jurisdiction or intervened in any case in which the child is the subject of the proceedings or is a party to the proceedings pursuant to the authority provided in the Oklahoma Indian Child Welfare Act.

The records that are to be provided to Indian tribes under this section shall include all case records, reports, and documents as defined in Section 7005-1.1 of this title.

Added by Laws 1993, c. 78, § 2, emerg. eff. April 18, 1993.  Amended by Laws 1995, c. 352, § 61 eff. July 1, 1995.  Renumbered from § 1125.2B of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


§10-7005-1.6.  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 pursuant to the provisions of the Oklahoma Minor Identification Act, 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.


§10-7005-1.7.  Promulgation of rules implementing federal Child Abuse Prevention and Treatment Act.

A.  Pursuant to the provisions of the federal Child Abuse Prevention and Treatment Act which provides for expanded disclosure and sharing of records and reports with persons and entities who have a reason for the records and reports to protect children from child abuse, the Commission for Human Services shall promulgate emergency and permanent rules which will provide for disclosure of all information to persons and entities authorized by this article, the Child Abuse Reporting and Prevention Act, the Oklahoma Foster Care and Out-of-Home Placement Act, and any other person or entity specifically authorized by law in order to carry out their responsibilities under law to provide services to children and to protect children from abuse and neglect.  Rules shall provide for the disclosure of all relevant information concerning reports of child abuse and neglect to the persons or entities authorized by law to receive such information.

B.  The State of Oklahoma declares that the receipt of confidential information by persons authorized to receive confidential information relating to children, pursuant to the provisions of subsection A of this section, is essential to the responsibility of the state to care for and protect its children.

Added by Laws 1995, c. 352, § 63, eff. July 1, 1995.  Amended by Laws 1998, c. 416, § 10, eff. Nov. 1, 1998.


§10-7005-1.8.  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.


§10-7006-1.1.  Termination of parental rights in certain situations.

A.  Pursuant to the provisions of the Oklahoma Children's Code, the finding that a child is delinquent, in need of supervision or deprived shall not deprive the parents of the child of their parental rights, but a court may terminate the rights of a parent to a child in the following situations; provided, however, the paramount consideration in proceedings concerning termination of parental rights shall be the health, safety or welfare and best interests of the child:

1.  Upon a written consent of a parent, including a parent who is a minor, acknowledged as provided in paragraph 4 of subsection B of Section 7503-2.1 of this title, who desires to terminate such parent's parental rights; provided that the court finds that such termination is in the best interests of the child;

2.  A finding that a parent who is entitled to custody of the child has abandoned the child.  For purposes of this paragraph the term "abandonment" includes, but is not limited to, the following:

a. the parent has left the child alone or in the care of another who is not the parent of the child without identifying the child or furnishing a means of identification for the child, the whereabouts of the parents are unknown, and the child's identity cannot be ascertained by the exercise of reasonable diligence,

b. the parent has voluntarily left the child alone or in the care of another who is not the parent of the child and expressed a willful intent by words, actions, or omissions not to return for the child, or

c. the parent fails to establish and/or maintain a substantial and positive relationship with the child for a period of six (6) consecutive months out of the last fourteen (14) months immediately preceding the filing of a petition for termination of parental rights.  For purposes of this paragraph, "establish and/or maintain a substantial and positive relationship" includes, but is not limited to:

(1) frequent and regular contact with the minor through frequent and regular visitation and/or frequent and regular communication to or with the child, and

(2) the exercise of parental rights and responsibilities.

Incidental or token visits or communications shall not be sufficient to establish and/or maintain a substantial and positive relationship with the child;

3.  A finding that the child is an abandoned infant;

4.  A finding that the parent of a child:

a. has voluntarily placed physical custody of the child with the Department of Human Services or with a child-placing agency for out-of-home placement,

b. has not complied with the placement agreement, and

c. has not demonstrated during such period a firm intention to resume physical custody of the child or to make permanent legal arrangements for the care of the child;

5.  A finding that:

a. the child has been adjudicated to be deprived, and

b. such condition is caused by or contributed to by acts or omissions of the parent, and

c. termination of parental rights is in the best interests of the child, and

d. the parent has failed to show that the condition which led to the adjudication of a child deprived has been corrected although the parent has been given not less than the time specified by Section 7003-5.5 of this title to correct the condition;

6.  A finding that a subsequent child has been born to a parent whose parental rights to any other child has been terminated by the court; provided, that the applicant shall show that the condition which led to the making of the finding which resulted in the termination of such parent's parental rights to the other child has not been corrected.  As used in this paragraph, the term "applicant" shall include, but not be limited to, a district attorney or the child's attorney;

7.  A finding that a parent who does not have custody of the child has for a period of twelve (12) consecutive months out of the last fourteen (14) months immediately preceding the filing of a petition for termination of parental rights, willfully failed, refused or neglected to contribute to the support of such child:

a. in substantial compliance with an order entered by a court of competent jurisdiction adjudicating the duty, amount and manner of support, or

b. according to such parent's financial ability to contribute to such child's support if no provision for support is provided in an order.

Incidental or token support shall not be construed or considered in establishing whether a parent has maintained or contributed to the support of the child;

8.  A conviction in a criminal action pursuant to the provisions of Sections 1021.3, 1111 or 1123 of Title 21 of the Oklahoma Statutes, or Section 7115 of this title;

9.  A conviction in a criminal action that the parent:

a. caused the death of a child as a result of the physical or sexual abuse or chronic abuse or chronic neglect of such child,

b. caused the death of a sibling of the child as a result of the physical or sexual abuse or chronic abuse or chronic neglect of such sibling,

c. committed the murder of any child or aided or abetted, attempted, conspired or solicited to commit murder of any child,

d. committed voluntary manslaughter of another child of the parent, or aided or abetted, attempted, conspired or solicited to commit voluntary manslaughter of another child of the parent, or

e. committed a felony assault that has resulted in serious bodily injury to the child or another child of the parent;

10.  A finding in a deprived child action either that:

a. the parent has physically or sexually abused the child or a sibling of such child or failed to protect the child or a sibling of such child from physical or sexual abuse that is heinous or shocking to the court,

b. the child or sibling of such child has suffered severe harm or injury as a result of such physical or sexual abuse,

c. the parent has physically or sexually abused the child or a sibling of such child or failed to protect the child or a sibling of such child from physical or sexual abuse subsequent to a previous finding that such parent has physically or sexually abused the child or a sibling of such child or failed to protect the child or a sibling of such child from physical or sexual abuse,

d. the child has been adjudicated a deprived child, pursuant to the provisions of the Oklahoma Children's Code, as a result of a single incident of severe sexual abuse, severe neglect or the infliction of serious bodily injury or torture to the child, a sibling of the child, or a child within the household where the child resides, by the parent of the child, or

e. the parent has inflicted chronic abuse, chronic neglect or torture on the child, a sibling of the child or another child within the household where the child resides;

11.  The child was conceived as a result of rape or an act committed outside of this state which if committed in this state would constitute rape.  This paragraph shall only apply to the parent who committed the rape or act and whose child has been placed out of the home;

12.  A finding that all of the following exist:

a. the child has been adjudicated deprived, and

b. custody of the child has been placed outside the home of a natural or adoptive parent, guardian or extended family member, and

c. the parent whose rights are sought to be terminated has been incarcerated, and

d. the continuation of parental rights would result in harm to the child based on consideration of the following factors, among others:  the duration of incarceration and its detrimental effect on the parent/child relationship; any previous incarcerations; any history of criminal behavior, including crimes against children; the age of the child; the evidence of abuse or neglect of the child or siblings of the child by the parent; and the current relationship between the parent and the child and the manner in which the parent has exercised parental rights and duties in the past, and

e. termination of parental rights is in the best interests of the child.

Provided, that the incarceration of a parent shall not in and of itself be sufficient to deprive a parent of parental rights;

13.  A finding that all of the following exist:

a. the child has been adjudicated deprived, and

b. custody of the child has been placed outside the home of a natural or adoptive parent, guardian or extended family member, and

c. the parent whose rights are sought to be terminated has a mental illness or mental deficiency, as defined by Section 6-201 of Title 43A of the Oklahoma Statutes, which renders the parent incapable of adequately and appropriately exercising parental rights, duties and responsibilities, and

d. the continuation of parental rights would result in harm or threatened harm to the child, and

e. the mental illness or mental deficiency of the parent is such that it will not respond to treatment, therapy or medication and, based upon competent medical opinion, the condition will not substantially improve, and

f. termination of parental rights is in the best interests of the child.

Provided, a finding that a parent has a mental illness or mental deficiency shall not in and of itself deprive the parent of his or her parental rights;

14.  The parent of the child has a history of extensive, abusive and chronic use of drugs or alcohol and has resisted treatment for this problem during a three-year period immediately prior to the filing of the petition which brought that child to the court's attention;

15.  A child has been placed in foster care by the Department of Human Services for fifteen (15) of the most recent twenty-two (22) months preceding the filing of the petition.  For purposes of this paragraph, a child shall be considered to have entered foster care on the earlier of:

a. the adjudication date, or

b. the date that is sixty (60) days after the date on which the child is removed from the home.

B.  An order directing the termination of parental rights is a final appealable order.

C.  The provisions of this section shall not apply to adoption proceedings and actions to terminate parental rights which do not involve a petition for deprived status of the child.  Such proceedings and actions shall be governed by the Oklahoma Adoption Code.

D.  1.  A petition for termination of parental rights may be filed by the district attorney or the attorney of a child alleged to be or adjudicated deprived.

2.  A petition for termination of parental rights shall be filed by the district attorney for those petitions required to be filed pursuant to the provisions of Section 7003-4.7 of this title.

3.  If a child's attorney files a petition for the termination of the parental rights of the parents of the child, the district attorney shall join in the petition or motion for those petitions or motions required to be filed by the district attorney pursuant to the provisions of Section 7003-4.7 of this title.

Added by Laws 1968, c. 282, § 130, eff. Jan. 13, 1969.  Amended by Laws 1975, c. 250, § 1, emerg. eff. June 2, 1975; Laws 1977, c. 259, § 17, eff. Oct. 1, 1977; Laws 1983, c. 291, § 1, eff. 31 days after final passage and approval; Laws 1986, c. 243, § 1, emerg. eff. June 12, 1986; Laws 1987, c. 95, § 1, emerg. eff. May 18, 1987; Laws 1993, c. 253, § 4, emerg. eff. May 26, 1993; Laws 1993, c. 360, § 2, eff. Sept. 1, 1993; Laws 1994, c. 309, § 1, emerg. eff. June 7, 1994; Laws 1995, c. 352, § 65, eff. July 1, 1995.  Renumbered from § 1130 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1997, c. 389, § 8, eff. Nov. 1, 1997; Laws 1998, c. 5, § 6, emerg. eff. March 4, 1998; Laws 1998, c. 414, § 20, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 28, eff. July 1, 2000; Laws 2001, c. 434, § 5, emerg. eff. June 8, 2001.


NOTE:  Laws 1993, c. 208, § 3 repealed by Laws 1993, c. 360, § 16, emerg. eff. June 10, 1993.  Laws 1997, c. 366, § 56 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998.


§10-7006-1.2.  Notice of hearing to terminate parental rights.

A.  1.  Prior to the hearing on the application to terminate the rights of a parent or putative father filed pursuant to Section 7006-1.1 of this title, notice of the hearing on the application and a copy of the application shall be served upon the parent or putative father who is the subject of the application in the same manner as summons is served in civil cases, not less than fifteen (15) calendar days prior to the hearing.

2.  The notice shall contain the name of the parent, putative father, or, if the father is unknown, the name of the child, the date of birth of the child, the date of the hearing, and the ground or grounds for which application for termination of parental rights is sought.  The notice shall apprise the parent or putative father of the parent's legal rights and shall include a clear statement that failure to appear at the hearing shall constitute a denial of interest in the child, which denial may result, without further notice of this proceeding or any subsequent proceeding, in the granting of the application for the termination of the parent's or putative father's parental rights and in the child's adoption.

3. a. If the identity or whereabouts of a parent or putative father are unknown, the court must determine whether the parent or putative father can be identified or located.  Following an inquiry pursuant to subsection B of this section, if the court finds that the identity or whereabouts of the parent or putative father cannot be ascertained, and this fact is attested to by affidavit of the other parent, legal guardian or custodian of the child, it shall order that notice be given by publication and, if the identity is known, that a copy be mailed to the last-known address of the parent or putative father.

b. (1) If, in an inquiry pursuant to this section, the woman who gave birth to the child fails to disclose the identity of a possible father or reveal his whereabouts, she must be advised that a subsequent proceeding for adoption may be delayed or subject to challenge if a possible father is not given notice of the proceeding and that the lack of information about the father's medical and genetic history may be detrimental to the child.

(2) In addition, the willful and deliberate falsification of the sworn affidavit by the parent shall be deemed perjury and shall, upon conviction thereof, be punishable as otherwise provided by law.

c. The notice shall be published once pursuant to the laws relating to the service of notice by publication in the county in which the action to terminate parental rights is brought, and the hearing shall not be held for at least fifteen (15) calendar days after the date of publication of the notice.  When notice is given by publication, an order terminating parental rights shall not become final for a period of fifteen (15) calendar days from the date of the order.

4.  A parent or putative father may waive such person's right to notice pursuant to this section.  The waiver, signed by the parent or putative father, shall include a statement affirming that the person signing the waiver understands that the waiver shall constitute grounds for the termination of the parental rights of the parent or putative father.  A putative father may waive his right to notice.

B.  1.  If, at any time in a proceeding for termination of a relationship of parent and child, the court finds that a parent, an unknown father or putative father of the child may not have received notice, the court shall determine whether he or she can be identified and his or her whereabouts ascertained.  The determination must be based on evidence that includes inquiry of appropriate persons in an effort to determine the whereabouts of the parent or identity of an unknown father or putative father for the purpose of providing notice.

2.  The inquiry required by this subsection must include whether:

a. the woman who gave birth to the child was married at the probable time of conception of the child, or at a later time,

b. the woman was cohabitating with a man at the probable time of conception of the child,

c. the woman has received payments or promises of support, other than from a governmental agency, with respect to the child or because of her pregnancy,

d. the woman has named any individual as the father on the birth certificate of the child or in connection with an application for or receipt of public assistance, and

e. any individual has formally or informally acknowledged or claimed paternity of the child in a jurisdiction in which the woman resided during or since her pregnancy, or in which the child has resided or resides, at the time of the inquiry.

3.  If inquiry pursuant to the provisions of this subsection identifies as the father or putative father of the child an individual who has not received notice of the proceeding, the court shall require notice to be served upon him pursuant to the provisions of A of this section.

C.  When notice is given by publication pursuant to the provisions of this section, the order terminating parental rights shall contain language in compliance with the requirements of Oklahoma District Court Rule 16.

Added by Laws 1968, c. 282, § 131, eff. Jan. 13, 1969.  Amended by Laws 1977, c. 259, § 18, eff. Oct. 1, 1977; Laws 1978, c. 227, § 1; Laws 1985, c. 337, § 3, eff. Feb. 1, 1986; Laws 1986, c. 263, § 7, operative July 1, 1986; Laws 1995, c. 352, § 66, eff. July 1, 1995.  Renumbered from § 1131 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1998, c. 421, § 30, emerg. eff. June 11, 1998.


§10-7006-1.3.  Effect of termination of parental rights.

A.  The termination of parental rights terminates the parent-child relationship, including the parent's right to the custody of the child and the parent's right to visit the child, the parent's right to control the child's training and education, the necessity for the parent to consent to the adoption of the child, the parent's right to the earnings of the child, and 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 actual notice of termination of parental rights and order terminating parental rights shall indicate that the duty of the parent to support his or her minor child will not be terminated except for adoption 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.

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 this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.


§10-7006-1.4.  Custody with authority to consent to adoption after termination of parental rights.

After parental rights have been terminated, a court may award custody of the child to any qualified person or agency with authority to consent to the adoption of the child, or the court, in its discretion, may reserve the authority to consent to the adoption of the child.  A court shall not consent to or authorize any person or agency to consent to the adoption of a child unless the rights of the parents have been terminated in accordance with the provisions of this act.

Added by Laws 1968, c. 282, § 133, eff. Jan. 13, 1969.  Amended by Laws 1977, c. 259, § 19, eff. Oct. 1, 1977; Laws 1995, c. 352, § 68, eff. July 1, 1995.  Renumbered from § 1133 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 297, § 24, emerg. eff. June 10, 1996.


§10-7006-1.5.  Action to adopt not to be combined with action to terminate parental rights.

A.  Except as otherwise provided for in subsection B of this section, an action to adopt a child shall not be combined with an action to terminate parental rights and when the rights of a parent have been terminated, neither an interlocutory nor a final decree of adoption may be rendered until the decree terminating parental rights has become final.

B.  This section shall not apply to:

1.  A proceeding to adopt a child without the consent of a parent when the court has determined that consent is not legally required; or

2.  A proceeding to adopt a child born out of wedlock when the mother of the child is granting consent to the adoption and is a party to the action; or

3.  Proceedings pursuant to the provisions of Section 7505-4.2 of this title.

Added by Laws 1968, c. 282, § 134, eff. Jan. 13, 1969.  Amended by Laws 1977, c. 259, § 20, eff. Oct. 1, 1977; Laws 1988, c. 97, § 1, eff. Nov. 1, 1988; Laws 1995, c. 352, § 69, eff. July 1, 1995.  Renumbered from § 1134 of this title by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 2000, c. 374, § 29, eff. July 1, 2000.


§10-7006-1.6.  Deprived children in custody 15 of last 22 months.

A.  The Department of Human Services shall identify those adjudicated deprived children who have been in the Department's custody for fifteen (15) of the most recent twenty-two (22) months, and who were in out-of-home placement in the Department's custody as of November 17, 1997.  The Department shall develop and provide to district attorneys a listing of those cases for which a petition for termination of parental rights should be filed.

B.  The Department of Human Services shall provide to the State Postadjudication Review Advisory Board a listing of those cases identified in subsection A of this section and a listing of those cases for which the Department has determined that a petition to terminate parental rights is not required based upon the following:

1.  The child is being cared for by a relative;

2.  The Department has compelling reasons for determining such a filing of termination of parental rights would not be in 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 may deem 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.

C.  1.  The State Postadjudication Review Advisory Board shall disseminate the listings from the Department of Human Services to local postadjudication review boards for review.  In the event that no local postadjudication review board exists, it shall be the responsibility of the State Postadjudication Review Advisory Board to provide the means to implement the provisions of subsection B of this section.

2.  In those cases where the local postadjudication review boards or the Board disagree with the Department's determinations, the local postadjudication review boards or Board shall provide to district attorneys their recommendations of additional cases for which a petition to terminate parental rights should be filed.  The Board shall forward a copy of such recommendations to the Department of Human Services.

D.  The Department and district attorneys shall utilize the following timetable for purposes of filing petitions for termination pursuant to this section:

1.  Within six (6) months after the end of the 2nd regular Session of the 46th Legislature, not less than one-third (1/3) of such cases shall be referred, giving priority to children for whom the permanency plan is adoption and to children who have been in foster care for the greatest length of time;

2.  Within twelve (12) months after the end of such 2nd regular Session, not less than two-thirds (2/3) of such cases shall be referred; and

3.  Within eighteen (18) months after the end of such 2nd regular Session, all of such cases shall be referred.

E.  The Department of Human Services shall provide to the local postadjudication review boards or the State Postadjudication Review Advisory Board any information necessary to effectuate the provisions of this section.

Added by Laws 1998, c. 421, § 31, emerg. eff. June 11, 1998.


§10-7007-1.1.  Repealed by Laws 2004, c. 92, § 1, eff. July 1, 2004.

§10-7007-1.2.  Repealed by Laws 2004, c. 92, § 1, eff. July 1, 2004.

§10-7007-1.3.  Repealed by Laws 2004, c. 92, § 1, eff. July 1, 2004.

§10-7007-1.4.  Repealed by Laws 2004, c. 92, § 1, eff. July 1, 2004.

§10-7007-1.5.  Repealed by Laws 2004, c. 92, § 1, eff. July 1, 2004.

§10-7007-1.6.  Repealed by Laws 2002, c. 112, § 8, eff. Dec. 31, 2002.

§10-7007-1.7.  Membership.

A.  The Judicial Coordination Advisory Study Panel shall consist of the following fourteen (14) members:

1.  Nine members representing various rural and metropolitan areas across Oklahoma and who are judges having juvenile docket responsibilities, appointed by the Juvenile Justice Oversight Committee of the Supreme Court;

2.  One member who serves as a court-appointed special advocate, appointed by the Oklahoma Court-Appointed Special Advocate Association;

3.  The Director of the Administrative Office of the Courts, or designee;

4.  The Director of the Department of Human Services, or designee;

5.  The Director of the Oklahoma Commission on Children and Youth, or designee; and

6.  The Executive Director of the Office of Juvenile Affairs, or designee.

B.  1.  Appointments to the Judicial Coordination Advisory Study Panel shall be made as soon as possible after the effective date of this act.  The Study Panel shall call its first meeting as soon as possible after the appointments are made.

2.  Members of the Judicial Coordination Advisory Study Panel shall elect two cochairs from its membership to serve until June 30, 2002.

3.  Vacancy in such office shall be filled in the same manner as the original appointment.  A majority of the members of the Study Panel shall constitute a quorum to transact business, but no vacancy shall impair the right of the remaining members to exercise all of the powers of the Study Panel.

C.  Members of the Judicial Coordination Advisory Study Panel shall receive no compensation for serving on the Study Panel, but shall receive travel reimbursement as follows:

1.  State agency members of the Study Panel shall be reimbursed by their respective agencies for their necessary travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act; and

2.  Any other Study Panel members shall receive reimbursement pursuant to the State Travel Reimbursement Act from funds of the Legislative Service Bureau.

D.  The Study Panel may divide into subcommittees in furtherance of its purposes.  Staffing shall be provided by the respective agencies of the Study Panel.

Added by Laws 2001, c. 415, § 11, emerg. eff. June 5, 2001.


§10-7007-1.8.  Purposes - Report.

A.  The purposes of the Judicial Coordination Advisory Study Panel shall be to develop a comprehensive plan for court systems throughout Oklahoma to apply for federal funds authorized in the Strengthening Abuse and Neglect Courts Act of 2000, which provides:

1.  Competitive grant funding for automated case tracking systems;

2.  Competitive grant funding for backlogged abuse and neglect cases; and

3.  Competitive grant funding for expansion of court-appointed special advocates (CASA) in underserved areas.

B.  The duties of the Study Panel shall include, but not be limited to:

1.  Providing information concerning federal grant application;

2.  Developing a process by which court systems can apply for federal grant funding;

3.  Identifying interested court systems applying for such federal funding;

4.  Monitoring the progress of court systems applications for federal grant funding; and

5.  Documenting federal grant funding awards made to court systems in Oklahoma.

C.  The Judicial Coordination Advisory Study Panel shall issue a report concerning the comprehensive plan developed, and a listing of the court systems in Oklahoma awarded federal funding, pursuant to the Strengthening Abuse and Neglect Courts Act of 2000, to the Legislature and the Governor on or before February 15, 2002.

Added by Laws 2001, c. 415, § 12, emerg. eff. June 5, 2001.


§10-7007-1.9.  Task Force on Reactive Attachment Disorder in Children - Membership - Duties.

A.  There is hereby created to continue until December 31, 2006, the Task Force on Reactive Attachment Disorder in Children.  The task force will examine this issue as it relates to children in the custody of the Department of Human Services or the Office of Juvenile Affairs, and children served by the Department of Mental Health and Substance Abuse Services.  For purposes of this section, "Reactive Attachment Disorder" means a disorder resulting from the lack of reasonable care and nurturance, usually in the early years of life, which results in an inability to establish normal, stable attachments to caregivers and others.

B.  The task force shall consist of eighteen (18) members as follows:

1.  The Director of the Department of Human Services, or designee;

2.  The Director of the Oklahoma Commission on Children and Youth, or designee;

3.  The State Superintendent of Public Instruction, or designee;

4.  The Commissioner of the Department of Mental Health and Substance Abuse Services, or designee;

5.  The State Commissioner of Health, or designee;

6.  The Administrator of the Oklahoma Health Care Authority, or designee;

7.  The Director of the Oklahoma Areawide Services Information Systems, or designee;

8.  The Executive Coordinator of the District Attorneys Council, or designee;

9.  The Executive Director of the Office of Juvenile Affairs, or designee;

10.  The Speaker of the Oklahoma House of Representatives shall appoint members as follows:

a. one member who serves on the Oklahoma House of Representatives Health and Human Services Committee,

b. one member who is a foster-care or adoptive parent of a child with Reactive Attachment Disorder, and

c. one member who is a mental health expert knowledgeable in treating children with Reactive Attachment Disorder;

11.  The President Pro Tempore of the State Senate shall appoint members as follows:

a. one member who serves on the Senate Health and Human Resources Committee,

b. one representative of a statewide child advocacy organization, and

c. one member who is a practicing attorney in the area of child welfare and who is an active member of the Family Law Section of the Oklahoma Bar Association; and

12.  The Governor shall appoint members as follows:

a. one member who is a pediatrician knowledgeable in the area of Reactive Attachment Disorder in children,

b. one member who serves on a postadjudication review board, chosen from a list of names submitted by the State Postadjudication Review Advisory Board, and

c. one member who is a representative of the Oklahoma Youth Services Center.

C.  1.  Members shall serve at the pleasure of their appointing authorities.  A vacancy on the task force shall be filled by the original appointing authority.

2.  Appointments to the task force shall be made by July 1, 2005.

3.  A majority of the members of the task force shall constitute a quorum.  A majority of the members present at a meeting may act for the task force.

4.  The Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the State Senate shall each designate a cochair from among the members of the task force.

5.  The cochairs of the task force shall convene the first meeting of the task force on or before July 15, 2005, at which time a schedule of the meetings shall be determined.

6.  The task force may divide into subcommittees in furtherance of its purpose.

D.  1.  Staff of the Department of Human Services shall serve as primary staff for the task force with assistance from the staffs of the Department of Mental Health and Substance Abuse Services and the Office of Juvenile Affairs.

2.  The task force may use the expertise and services of the staffs of the Oklahoma House of Representatives and the Oklahoma State Senate and may, as necessary, seek the advice and services of experts in the field of child welfare.

E.  All departments, officers, agencies and employees of this state shall cooperate with the task force in fulfilling its duties and responsibilities including, but not limited to, providing any information, records or reports requested by the task force.

F.  Members of the task force shall receive no compensation for their service, but shall receive travel reimbursement as follows:

1.  Legislative members of the task force shall be reimbursed for necessary travel expenses incurred in the performance of their duties in accordance with the provisions of Section 456 of Title 74 of the Oklahoma Statutes; and

2.  Nonlegislative members of the task force shall be reimbursed by their appointing authorities or respective agencies for necessary travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.

G.  The duties and responsibilities of the Task Force on Reactive Attachment Disorder in Children shall include, but not be limited to:

1.  Identifying the number of children in the custody of the Department of Human Services or the Office of Juvenile Affairs or the number served by the Department of Mental Health and Substance Abuse Services who have Reactive Attachment Disorder or who may have a predisposition for the disorder;

2.  Assessing current resources available to families who have a child with Reactive Attachment Disorder;

3.  Determining if additional services are necessary including, but not limited to, networking and support groups, treatment options, information/resource links; and

4.  Determining if conferences and training sessions are needed for families who have a child with Reactive Attachment Disorder.

H.  The task force shall publish its findings and recommendations by December 31, 2006, including recommendations for any resulting legislation.

Added by Laws 2005, c. 133, § 1, emerg. eff. May 2, 2005.


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