Title 10A, Title 10A — Children and Juvenile Code

children - Grants and contracts. A. 1. The Department of Human Services shall, to the extent of funds available, directly or by grant or contract, develop and implement a diversity of community-based services and community-based care for children who are alleged or adjudicated de…

A. 1. The Department of Human Services is authorized to manage and operate and may contract with designated youth services agencies or designated child-placing agencies for the management and operation of the children's shelter located in Oklahoma City, known and designated as th…

A. 1. The State Commissioner of Health shall establish the Office of Client Advocacy within the State Department of Health and shall employ personnel necessary to carry out the provisions of this section. 2. The head of the Office of Client Advocacy shall be the Advocate General.…

Written response. A. In addition to the requirements of Section 1-9-112 of Title 10A of the Oklahoma Statutes, the investigation report of the Office of Client Advocacy concerning a report of abuse or neglect of a child in the legal custody of the Department of Human Services sha…

Department of Health. A. Upon the effective date of this act, the Office of Client Advocacy within the Department of Human Services shall transfer to the State Department of Health. The Office of Client Advocacy and the Advocate General shall continue to exercise their statutory …

are victims of domestic abuse. A. A youth service shelter facility may provide shelter and care to a minor mother, who is the victim of domestic abuse or is seeking relief from domestic abuse for herself or on behalf of any of her children or both herself and any of her children.…

or from families of same minority racial or ethnic heritage. A. The Department of Human Services and each child-placing agency shall make special efforts to recruit foster parents for children in their custody from suitable relatives and kin of the child, and shall make diligent …

cooperate and promote development. The Department of Human Services shall cooperate with and shall help promote development of foster parent associations in each county in this state. The state agency shall provide foster parent associations with data, information, and guidelines…

A. The Department of Human Services and each child-placing agency shall develop: 1. A foster care education program to provide training for persons intending to furnish foster care services; and 2. Continuing educational programs for foster parents. B. 1. In addition to any other…

A foster parent who is acting in good faith and pursuant to the reasonable and prudent parent standard shall not be liable for property damage or injuries caused by the child or injuries to the child placed in his or her care when the child engages in appropriate activities and s…

placing agency by foster parent. A. 1. A foster parent may report to the Office of Client Advocacy within the State Department of Health an allegation that an employee of the Department of Human Services or of a child-placing agency has threatened the foster parent with removal o…

parents - Supervision by child-placing agency. A. The Department of Human Services or any child-placing agency shall, prior to any foster placement, enter into a written contract with the foster care placement provider. The contract shall provide, at a minimum: 1. That the state …

A. A statement of foster parent’s rights shall be given to every foster parent annually and shall include, but not be limited to, the right to: 1. Be treated with dignity, respect, and consideration as a professional member of the child welfare team; 2. Be notified of and be give…

Services. A. A child being served by Child Welfare Services of the Department of Human Services is entitled to reasonable, good-faith efforts in order to be provided the following rights when doing so serves the child's best interest: 1. Placement: a. to remain in the custody of …

OS 10A-1-9-120v1 (HB2552, Laws 2018, c. 40, § 2). OS 10A-1-9-120v2 (SB 533, Laws 2023, c. 221, § 1).

children. A. The Office of Client Advocacy and child-placing agencies shall each establish grievance procedures for foster parents with whom the Department of Human Services or child-placing agencies contract and for foster children in Department custody. The Office of Client Adv…

A. The Office of Client Advocacy and child-placing agencies shall each establish grievance procedures for foster parents with whom the Department of Human Services or child-placing agencies contract. The Office of Client Advocacy shall work with the Office of Juvenile System Over…

Informational and educational program - Distribution of informational brochures. A. The Oklahoma Legislature finds and declares that: 1. An increasing number of children under the age of eighteen (18) years, including many children who would otherwise be at risk of abuse or negle…

The Department of Human Services shall establish and administer an ongoing program of supported guardianship to assist families wishing to make a long-term commitment to a child by accepting guardianship of the child. The supported guardianship program shall enable the family to …

risk of sex trafficking. A. 1. The Department of Human Services shall, in consultation with state and local law enforcement, juvenile justice systems, health care providers, education agencies, and organizations with experience in dealing with at-risk children and youth, establis…

District courts of this state are hereby authorized to establish a "Zero to Three Court Program", which may be established by a judge with jurisdiction over juvenile court matters with the goals of reducing time to permanency of children thirty-six (36) months of age or younger b…

housing contracts – Certification of unaccompanied status. A. A child who is sixteen (16) years of age or older may enter into contracts to obtain housing if the child receives a certification of unaccompanied status from a youth services provider that is licensed, accredited, mo…

A. Article 2 of Title 10A of the Oklahoma Statutes shall be known and may be cited as the "Oklahoma Juvenile Code". B. All statutes hereinafter enacted and codified in Article 2 of Title 10A of the Oklahoma Statutes shall be considered and deemed part of the Oklahoma Juvenile Cod…

Purpose. It is the intent of the Legislature that Article 2 of this title shall be liberally construed, to the end that its purpose may be carried out. The purpose of the laws relating to juveniles alleged or adjudicated to be delinquent is to promote the public safety and reduce…

When used in the Oklahoma Juvenile Code, unless the context otherwise requires: 1. "Adjudicatory hearing" means a hearing to determine whether the allegations of a petition filed pursuant to the provisions of Chapter 2 of the Oklahoma Juvenile Code are supported by the evidence a…

Program - Purpose. A. The Oklahoma Commission on Children and Youth shall establish the Oklahoma Mentoring Children of Incarcerated Parents Program. B. The purpose of the Oklahoma Mentoring Children of Incarcerated Parents Program is to provide effective intervention services thr…

1. The Oklahoma Commission on Children and Youth shall issue a request for proposals on or before July 1, 2024, and July 1 of every third year thereafter for which the Oklahoma Mentoring Children of Incarcerated Parents Program is funded, seeking applications to administer the Ok…

The Oklahoma Commission on Children and Youth shall prepare annually a report describing the Oklahoma Mentoring Children of Incarcerated Parents Program and measuring its effectiveness. The report shall be submitted to the President Pro Tempore of the Senate, the Speaker of the H…

treatment - Behavioral health treatment - Hearing on order for medical treatment. A. A child may be taken into custody prior to the filing of a petition alleging that the child is delinquent or in need of supervision: 1. By a peace officer, without a court order for any criminal …

A. 1. Upon the filing of a petition alleging the child to be in need of supervision, or upon the assumption of custody pursuant to Section 2-2-101 of this title, the district court of the county shall have jurisdiction where a child: a. resides, b. is found, or c. is alleged to b…

agreements – Municipal juvenile facility - Fines. A. 1. A municipality with a population of at least twenty-five thousand (25,000) may, by written resolution filed with the district court, assume jurisdiction of cases involving children under eighteen (18) years of age charged wi…

A. A preliminary inquiry shall be conducted to determine whether the interests of the public or of the child who is within the purview of the Oklahoma Juvenile Code require that further court action be taken. If it is determined by the preliminary inquiry that no further action b…

A. Diversion services shall be offered to children who are at risk of being the subject of a child-in-need-of-supervision petition. Diversion services shall be designed to provide an immediate response to families in crisis and to divert children from court proceedings. Diversion…

certain determinations. No order of the court providing for the initial or continued removal of a child alleged or adjudicated delinquent or in need of supervision from the child’s home shall be entered unless the court finds that the continuation of the child in the home of the …

A. If a child has been taken into custody pursuant to the provisions of the Oklahoma Juvenile Code before a petition has been filed, a petition shall be filed and summons issued within five (5) judicial days from the date of such assumption of custody, or custody of the child sha…

A. After a petition shall have been filed, unless the parties provided for in this section shall voluntarily appear, a summons shall be issued which shall recite briefly the nature of the proceeding with the phrase "as described more fully in the attached petition" and requiring …

treatment. A. After a petition under the provisions of this article has been filed, the court may order the child to be examined and evaluated for medical issues, including behavioral health diagnoses, by a physician or other appropriate professional to aid the court in making th…

Guardians ad litem. A. No information gained by a custodial interrogation of a youthful offender under sixteen (16) years of age or a child nor any evidence subsequently obtained as a result of such interrogation shall be admissible into evidence against the youthful offender or …

In adjudicatory hearings to determine if a child is delinquent or in need of supervision, any person entitled to service of summons or the state shall have the right to demand a trial by jury, which shall be granted as in other cases, unless waived, or the judge on the judge's ow…

As used in Sections 2-2-401.1 through 2-2-401.7 of this title: 1. "Competent" and "competency" refer to a child's ability to understand the nature and objectives of a proceeding against the child or to assist in the child's defense. A child is incompetent if, due to developmental…

Competency of child - Rebuttable presumption. A. 1. At any time prior to or during delinquency or youthful offender proceedings pursuant to the Oklahoma Juvenile Code, the child's attorney, the district attorney, or the court may raise the issue of a child's competency to partici…

evaluation. A. When the district attorney or the child's attorney has reasonable basis to believe that a child is incompetent to proceed in the delinquency or youthful offender proceeding, the party shall file a motion for determination of competency. The motion shall state that …

A. An evaluation ordered by the court shall be conducted by a credentialed forensic evaluator. 1. A credentialed forensic evaluator shall demonstrate education or training in the following areas as necessary for the focus of the evaluation ordered by the court: a. forensic evalua…

A. The evaluator shall file with the court a written competency evaluation report within thirty (30) days after the date of the order of appointment. For good cause shown, the court may extend the time for filing for a period not to exceed thirty (30) days. The report shall inclu…

A. Not more than fifteen (15) judicial days after receiving the evaluator's report, the court shall conduct a hearing to determine the child's competency to participate in the proceeding. The court may continue the hearing for good cause shown. B. The competency evaluation report…

A. After a hearing pursuant to Section 2-2-401.6 of this title, if the court determines by a preponderance of the evidence that the child is competent to proceed, the delinquency or youthful offender proceedings shall be resumed as provided by law. B. After a hearing pursuant to …

A. All cases of children shall be heard separately from the trial of cases against adults. The adjudicative hearings shall be conducted according to the rules of evidence, and may be adjourned from time to time. 1. Except as provided by paragraph 2 of this subsection, the hearing…

A. Except as otherwise provided by law, if a child is charged with a delinquent act as a result of an offense which would be a felony if committed by an adult, the court on its own motion or at the request of the district attorney shall conduct a preliminary hearing to determine …

A. A court may defer delinquency adjudication proceedings for one hundred eighty (180) days, plus an additional one hundred eighty (180) days as provided in subsection C of this section, if the child: 1. Is alleged to have committed or attempted to commit a delinquent offense tha…

A. No later than forty (40) days after making an order of adjudication, the court shall hold a dispositional hearing, at which all evidence helpful in determining the proper disposition best serving the interest of the child and the public, including but not limited to oral and w…