US Laws, Codes, Statutes & Cases

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