0 chapters · 346 sections in this title.
10A O.S. § 2-2-502 Recommendation for disposition - Probation - Risk and
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needs assessment tools. A. Within thirty (30) days after adjudication, the person, department or agency responsible for the supervision of the case shall provide a recommendation, based upon the comprehensive assessment and evaluation process, for disposition to the court and cou…
10A O.S. § 2-2-503 Disposition orders - Revocation, modification and
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redisposition. A. The following kinds of orders of disposition may be made in respect to children adjudicated in need of supervision or delinquent: 1. The court may place the child on probation with or without supervision in the home of the child, or in the custody of a suitable …
10A O.S. § 2-2-504 Periodic review of disposition orders
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A. 1. Every disposition order regarding a child adjudicated to be delinquent or in need of supervision shall be reviewed by the court at least once every six (6) months until such time as the conditions which caused the child to be adjudicated have been corrected or the parental …
10A O.S. § 2-2-505 Juvenile drug court program
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A. The court is hereby authorized to establish a juvenile drug court for the purpose of treating adjudicated juveniles who have a substance abuse disorder. The Department of Mental Health and Substance Abuse Services shall assist in the establishment of juvenile drug courts. B. A…
10A O.S. § 2-2-506 Juvenile drug court investigation – Report -
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Eligibility. A. When directed by the court, the treatment staff for the juvenile drug court program shall make an investigation of the juvenile under consideration to determine whether the juvenile is a person who: 1. Would benefit from the juvenile drug court program; and 2. Com…
10A O.S. § 2-2-507 Juvenile drug court program – Final eligibility
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hearing – Admittance into program. A. The juvenile drug court judge shall conduct a hearing to determine final eligibility of the juvenile for the juvenile drug court program by considering: 1. Whether the juvenile is appropriate for placement in drug court, as provided in subsec…
10A O.S. § 2-2-508 Juvenile drug court program – Periodic review
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progress reports and hearings. A. The court shall make all judicial decisions concerning any case assigned to the juvenile drug court docket or program. The court shall require progress reports and a periodic review of each juvenile during their period of participation in the dru…
10A O.S. § 2-2-601 Appeals
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A. Any interested party aggrieved by any order or decree may appeal to the Court of Criminal Appeals in the same manner as other appeals are taken to the Court of Criminal Appeals of this state. B. The record on appeal of an order of adjudication or of an order certifying or deny…
10A O.S. § 2-2-701 Summons - Bench warrants - Obligations of parent
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legal guardian, or custodian. A. When it is determined to be in the best interests of the child, the court may order a parent, legal guardian or custodian of the child, and any other person living in the home of such child who has been properly served with a summons pursuant to S…
10A O.S. § 2-2-702 Referees
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A. Any judge who is assigned to hear juvenile cases in counties having a population in excess of eighty thousand (80,000) and where funding is available may appoint a suitable person or persons to act as referee or referees on a full-time or part-time basis, to hold office at the…
10A O.S. § 2-2-703 Expenses for care and maintenance of child
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A. If, after notice to the parent or parents of the child or other persons legally obligated to care for and support the child, and after affording said person or persons an opportunity to be heard, the court finds that the parent or parents of the child or other person is able t…
10A O.S. § 2-2-801 Procedures and requirements for placement of
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adjudicated children. A. 1. Whenever the court transfers custody of a child as provided in this article, the person, institution, agency, or department receiving custody shall have the right to, and shall be responsible for, the care and control of the child, and shall have the d…
10A O.S. § 2-2-802 Termination of parental rights
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A. The finding that a child is delinquent or in need of supervision shall not deprive the parents of the child of their parental rights, but a court may terminate the rights of a parent to a child for any reason authorized in the Oklahoma Children's Code. The provision of the Okl…
10A O.S. § 2-2-803 Review and assessment of children committed to Office
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of Juvenile Affairs. A. The Office of Juvenile Affairs shall review and assess each child committed to the Office to determine the type of placement consistent with the treatment needs of the child in the nearest geographic proximity to the home of the child and, in the case of d…
10A O.S. § 2-2-804 Child in need of mental health treatment
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A. The Office of Juvenile Affairs may provide for the care of a child who is in the custody of the Office of Juvenile Affairs and found by a court to be a minor in need of treatment pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act. B. In providi…
10A O.S. § 2-2-805 Commitment of child to custody of Office of Juvenile
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Affairs - Delivery to designated institution. When a child is committed to the custody of the Office of Juvenile Affairs under the provisions of this article, the court shall order the child to be delivered by the sheriff or by a private contractor pursuant to the provisions of S…
10A O.S. § 2-3-101 Conditions of detention of child - Detention or
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confinement in adult facility - Access to facilities and data. A. When a child is taken into custody pursuant to the provisions of the Oklahoma Juvenile Code, the child shall be detained only if it is necessary to assure the appearance of the child in court or for the protection …
10A O.S. § 2-3-102 Persons under 18 years of age who have fled from
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another state considered adults for purposes of detention only in certain cases. Whenever a person under eighteen (18) years of age, who has fled from another state, is taken into custody, that person shall be considered an adult only for the purposes of detention if: 1. The pers…
10A O.S. § 2-3-103 Temporary detention - Transportation - Certification
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of juvenile detention facilities. A. Provision shall be made for the temporary detention of children in a juvenile detention facility or the court may arrange for the care and custody of such children temporarily in private homes, subject to the supervision of the court, or the c…
10A O.S. § 2-3-104 Tort liability coverage of juvenile detention
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services - Contracts between boards of county commissioners. The board of county commissioners of each county in this state is authorized to enter into a contract with the county commissioners of another county or counties to provide insurance coverage for any tort liability risk…
10A O.S. § 2-3-105 Grievance process for children
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A. The Oklahoma Commission on Children and Youth shall administer a grievance process to be utilized by children detained in an adult jail, adult lockup, adult detention or other adult facility. The grievance process shall be available to a child at any time prior to or after adj…
10A O.S. § 2-4-101 Juvenile bureau and citizens' advisory committee
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A. In each county having a population of eighty thousand (80,000) or more, as shown by the last preceding Federal Decennial Census, there is created a juvenile bureau and a citizens' advisory committee. 1. The juvenile bureau shall be responsible for the provision of juvenile jus…
10A O.S. § 2-4-102 Director and other personnel
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The chief administrative officer of the juvenile bureau shall be a director, who shall be subject to the direction and supervision of the judge of the Juvenile Division, subject to the general administrative authority of the Presiding Judge of the Judicial Administrative District…
10A O.S. § 2-4-103 Administrative work of court - Uniformity of
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procedures and care. A. The director, under the general supervision of the judge, shall organize, direct and develop the administrative work of the court, including the social, financial and clerical work, and the director shall perform such other duties as to children as any jud…
10A O.S. § 2-4-104 Investigations and reports - Legal proceedings
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A. It shall be the duty of the director and other employees of the juvenile bureau, at the request of and under the direction of the court, to investigate and report on all cases that are pending in the Juvenile Docket of the district court, and to investigate and report on all c…
10A O.S. § 2-4-105 Arrests - Service of process
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A. The director or assistants to the director may arrest without a warrant a probationer, parolee or any person who is a temporary or permanent ward of the court, or may deputize any other officer or person with power of arrest by giving such officer or person a written statement…
10A O.S. § 2-4-106 Transportation of juveniles - Expenses
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The director or assistants to the director shall have authority to transport all juveniles found to come within the purview of this article to place or places where the order of the court requires such juveniles to be confined or placed, and the director and assistants to the dir…
10A O.S. § 2-4-107 Salaries and expenses - Offices and equipment
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A. The salary of the director and other employees of the bureau and any detention home established pursuant to Section 2-4-108 of this title shall be fixed by the judge of the Juvenile Division, subject to the general administrative authority of the county commissioners of the co…
10A O.S. § 2-4-108 Detention and group homes
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A detention home and group homes may be established as parts of the juvenile bureau of the court. The judge of the Juvenile Division, subject to the general administrative authority of the Presiding Judge of the Judicial Administrative District, may appoint necessary technicians …
10A O.S. § 2-4-109 Citizens' advisory committee
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A. To aid in the more effective administration of the statutes relating to juveniles and for the purpose of counsel and advice, there is created a citizens' advisory committee consisting of a minimum of seven members, to serve without pay, appointed by the judge of the Juvenile D…
10A O.S. § 2-4-110 Appointment of personnel for Juvenile Docket of
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district court. The provisions of this article shall govern the appointment of all personnel for the Juvenile Docket of the district court in any county referred to in Section 2-4-101 of this title. Provided, employees now holding positions in a Juvenile or Children's Court shall…
10A O.S. § 2-5-201 Short title - Youthful Offender Act
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Sections 2-5-201 through 2-5-213 of this title shall be known and may be cited as the "Youthful Offender Act". Added by Laws 1994, c. 290, § 18, eff. July 1, 1996. Amended by Laws 1995, c. 352, § 164, eff. July 1, 1997. Renumbered from § 1507.15 of Title 10 by Laws 1995, c. 352, …
10A O.S. § 2-5-202 Definitions – Purpose – Legislative intent
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A. For the purposes of the Youthful Offender Act: 1. "Youthful offender" means a person: a. thirteen (13) or fourteen (14) years of age who is charged with murder in the first degree and certified as a youthful offender as provided by Section 2-5-205 of this title, b. fifteen (15…
10A O.S. § 2-5-203 Court proceedings - Jurisdiction
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A. 1. A child who is charged with having violated a state statute or municipal ordinance other than as provided in Section 2- 5-205 of this title shall not be tried in a criminal action as an adult or a youthful offender, but in a juvenile proceeding, unless previously adjudicate…
10A O.S. § 2-5-204 Treatment of a child certified as an adult or
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youthful offender in criminal proceedings. A. A child who is arrested for an offense pursuant to subsection A, B, C, D, or E of Section 2-5-205 of this title, may, depending on the child's age and alleged crime, be charged as a juvenile delinquent, youthful offender, or an adult.…
10A O.S. § 2-5-205 Certification as youthful offender or juvenile
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A. Any person thirteen (13) or fourteen (14) years of age who is charged with murder in the first degree shall be held accountable for the act as if the person were an adult; provided, the person may be certified as a youthful offender or a juvenile as provided by this section, u…
10A O.S. § 2-5-206A Motion for certification as a juvenile -
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Certification study - Guidelines. A. 1. When the attorney for the accused person determines there is good cause to believe the accused should have been charged as a delinquent and not as youthful offender, the attorney for the accused shall file a motion for certification as a ju…
10A O.S. § 2-5-207A Motion for imposition of adult sentence -
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Certification study - Guidelines. A. Whenever the district attorney determines there is good cause to believe that the person charged as a youthful offender would not reasonably complete a plan of rehabilitation or the public would not be adequately protected if the person were t…
10A O.S. § 2-5-208A XXX
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A. After consideration of the evidence and argument presented, the court shall impose a sentence. The court may sentence the youthful offender to the same range of punishment, except for capital offenses, as an adult who was convicted of the same offense or offenses. Any sentence…
10A O.S. § 2-5-209A Youthful offender review hearing - Extended
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jurisdiction. A. The court shall schedule a youthful offender review hearing no less than every six (6) months. Additional review hearings may be scheduled upon the motion of the court or for good cause shown at the request of the youthful offender's attorney, the district attorn…
10A O.S. § 2-5-210A Motion for transfer to custody or supervision of
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Department of Corrections – Adult conviction - Expungement. A. 1. Whenever the district attorney or the Office of Juvenile Affairs (OJA) believes that a youthful offender in the custody or supervision of OJA should be transferred to the custody or supervision of the Department of…
10A O.S. § 2-5-211 Commitment to Department of Corrections - Judgment
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and sentence. When committing a person who is, or has been, certified as a youthful offender and is certified eligible for the imposition as an adult sentence pursuant to Section 2-5-208 of this title, or certified as a youthful offender and is being transferred to the Department…
10A O.S. § 2-5-212 Delinquent or youthful offender in custody of Office
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of Juvenile Affairs - Placement options - Office duties and authority - Rights of delinquent or youthful offender. A. Whenever a youthful offender is committed to the custody of the Office of Juvenile Affairs, the Office of Juvenile Affairs shall have the legal responsibility and…
10A O.S. § 2-5-213 Pardon by Governor — Motion to set aside conviction —
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Release from penalties, destruction of records. A. Upon the motion of a person who has been adjudicated and sentenced as a youthful offender and who has been subsequently transferred to the adult system pursuant to Section 10 of this act, with the recommendation of the sentencing…
10A O.S. § 2-5-301 Educational needs during confinement or
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incarceration. Any child under eighteen (18) years of age who is a legal resident or the child of legal residents of the State of Oklahoma who is detained, held or arrested for any offense pursuant to any provision of the Juvenile Code or Criminal Code of this state, including su…
10A O.S. § 2-5-401 Sentencing departure — Crime committed against person
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who trafficked, sexually abused, or sexually assaulted the minor. A. As used in this section, "mandatory minimum" means the minimum number of years of imprisonment a person is required to serve based on the felony or misdemeanor offense. B. If a minor is convicted as an adult for…
10A O.S. § 2-6-101 Court to keep records - Definitions
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A. The court shall make and keep records of all cases brought before the court pursuant to the Oklahoma Juvenile Code. The court shall devise and cause to be printed such forms for social and legal records and such other papers as may be required. B. As used in the Oklahoma Juven…
10A O.S. § 2-6-102 Confidential juvenile records
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A. Except as provided by this section or as otherwise specifically provided by state or federal laws, the following juvenile records are confidential and shall not be open to the general public, inspected, or their contents disclosed: 1. Juvenile court records; 2. Agency records;…
10A O.S. § 2-6-103 Confidentiality of social records
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A. 1. Social records, as defined by Section 93 of this act, shall not be filed in the court record unless so ordered by the court. If filed in the court record, the records shall be placed in confidential envelopes in the court file and may only be accessed by the person who is t…
10A O.S. § 2-6-104 Inspection and disclosure of confidential records
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without court order. A. In accordance with the Juvenile Offender Tracking Program and Section 620.6 of Title 10 of the Oklahoma Statutes, the confidential records listed in subsection A of Section 2-6-102 of this title may be inspected and their contents disclosed without a court…