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

In any proceeding resulting from a report made pursuant to Section 1-2-101 of this title or in any proceeding where such a report or any contents of the report are sought to be introduced into evidence, such report, contents, or other fact related thereto or to the condition of t…

evaluation or treatment. A. At any stage of a proceeding under the Oklahoma Children’s Code: 1. The parent or legal guardian, the child’s attorney, or the district attorney’s office may apply for use immunity for a parent or legal guardian for in-court testimony. The in-court tes…

A. The court shall hold an adjudication hearing following the filing of a petition alleging that a child is deprived. The hearing shall be held not more than ninety (90) calendar days following the filing of the petition. The child and the child’s parents, guardian, or other lega…

If the court finds that the factual allegations of the petition are not supported by a preponderance of the evidence, the court shall order the petition dismissed and shall order the child discharged from any custody. The child's parents, guardian or other legal custodian shall a…

A. If the court finds that: 1. The factual allegations in a petition filed by the state alleging that a child is deprived are supported by a preponderance of the evidence; 2. Such allegations are sufficient to support a finding that the child is deprived; and 3. It is in the best…

A. Upon notice to the parent or other person legally obligated to support the child and upon an opportunity to be heard and a finding of financial ability to pay, the court may order the parent or other person to: 1. Reimburse the Department of Human Services, in whole or in part…

A. 1. When paternity of an alleged or adjudicated deprived child has not been established, the court, within six (6) months after the filing of a deprived petition, shall either establish paternity or defer the issue of paternity establishment to the appropriate administrative or…

environment – Placement hearing. A. After a petition has been filed, the court may order the child to be examined and evaluated by a physician or other appropriate professional to aid the court in making the proper disposition concerning the child. The court may order a behaviora…

A. The Department of Human Services or a licensed child-placing agency shall prepare and maintain a written individualized service plan for any child that has been adjudicated to be a deprived child. B. The plan shall be furnished to the court within thirty (30) days after the ad…

child – Restriction on placement in home of felon or sex offender. A. In placing a child in the custody of an individual, a private agency, or institution, the court and the Department of Human Services shall, if possible, select a person, agency, or institution governed by perso…

A. 1. When a child has been adjudicated deprived pursuant to the provisions of Section 1-4-603 of this title, a dispositional hearing may be held on the same day as the adjudication hearing, but in any event the hearing shall be held and an order entered no later than forty (40) …

A. The following kinds of dispositional orders may be made and shall be in accordance with the best interests of the child: 1. a. The court may place the child under protective supervision by the Department of Human Services in the home of the child with the parent or legal guard…

A. In cases where the child has been adjudicated to be deprived due to repeated absence from school, the court may order counseling and treatment for the child and the parents. B. Prior to final disposition, the court shall require verification by the appropriate school district …

A. The court may establish a permanent guardianship between a child and a relative or other adult if the guardianship is in the child's best interests and all of the following conditions are substantially satisfied: 1. The child has been adjudicated to be a deprived child; 2. The…

study – Findings – Visitation – Guardianship review. A. The district attorney or child's attorney shall file a motion for permanent guardianship with the juvenile court in the deprived case. The motion shall be verified by the prospective guardian and shall include the following:…

guardianship. A. 1. A motion for modification or termination of a permanent guardianship may be filed by the permanent guardian, the child, or the district attorney. A modification or termination may also be ordered by the court on its own initiative. An order for modification or…

Procedures. A. Each district court is hereby authorized to establish a family drug court for the purpose of treating children adjudicated as deprived and their families in cases where the parent, parents or legal guardian has a substance abuse disorder. The Department of Mental H…

A. When directed by the court, the family drug court treatment staff shall make a family drug court assessment of the deprived child or children and the family under consideration to determine whether: 1. Reunification is the permanency plan for the child or children and that reu…

A. The family drug court judge shall conduct a hearing to determine final eligibility of the family for the family drug court program by considering: 1. Whether the child or children and family are appropriate for placement in drug court, as provided in Section 8 of this act; 2. …

A. The family drug court judge shall make all judicial decisions concerning any case assigned to the family drug court docket or program. The judge shall require progress reports and a periodic review of each family during their period of participation in the family drug court pr…

Fund. A. 1. The family drug court judge may order the family, or a member of the family, to pay court costs, treatment costs, drug- testing costs, and supervision fees. The family drug court judge may order an adult member or members of the family responsible for the health or we…

A. At any hearing including, but not limited to, hearings conducted pursuant to Section 1-8-103 of Title 10A of the Oklahoma Statutes, where it is determined that a child in state custody will be released from state custody, the district attorney or the attorney for the child may…

custody. A. At any hearing pursuant to the provisions of the Oklahoma Children's Code for the purpose of determining the placement of a child or that a child in state custody is to be released from state custody, the court shall provide an opportunity to a representative of the D…

of Human Services. If the court determines it would be in the best interests of a child, the court may place the child in the legal custody of the Department of Human Services. Whenever a child is in the custody of the Department, the court shall not have the authority to order a…

Department of Human Services. A. 1. The Department of Human Services shall notify the court, the postadjudication review board, the district attorney, the child’s attorney, and the guardian ad litem of the child, if any, whenever a child in the custody of the Department is moved …

A. If a child placed in the custody of a child-placing agency or in the custody of the Department of Human Services by the court has resided with a foster parent or group home for three (3) or more months: 1. Except in an emergency, the Department or child-placing agency shall: a…

A. The court may order trial reunification by returning the child to the care of the parent or legal guardian from whom the child was removed and setting a date for review within six (6) months. At any time during trial reunification, when reunification appears successful, the co…

A. 1. Every case regarding a child alleged or adjudicated to be deprived shall be reviewed by the court at a hearing no later than six (6) months from the date of the child's removal from the home and at least once every six (6) months thereafter until permanency is achieved or t…

A. Once a child is the subject of a deprived child proceeding, any party may file a verified application for an emergency hearing that demonstrates harm or threatened harm to the health, safety or welfare of that child. Upon receipt of the application for emergency hearing, the c…

A. The Department of Human Services or the agency having supervision of the case or, if the child has been removed from the custody of the child's parents, the Department or the agency or child-placing agency having custody of the child shall cause to be prepared for each review …

reunify child are not required. A. At any time prior to or following the adjudicatory hearing the court, on its own motion or upon the motion of a party, may find that reasonable efforts to prevent the removal of a child from home or to reunify the child and family are not requir…

A. 1. When a child has been in out-of-home care for twelve (12) months or longer, the court may require that the Department of Human Services facilitate a meeting held no later than thirty (30) days prior to the permanency hearing to discuss recommendations regarding the child's …

A. 1. The court shall conduct a permanency hearing to determine the appropriate permanency goal for the child and to order completion of all steps necessary to finalize the permanent plan. The hearing shall be held no later than: a. six (6) months after placing the child in out-o…

adopt. A. During any permanency hearing, if it is determined by the court that a child should be placed for adoption, the foster parent of the child shall be considered eligible to adopt the child, if the foster parent meets established eligibility requirements pursuant to this s…

A. 1. When the court, pursuant to Section 1-4-812 of this title, finds that a deprived child should be placed for adoption, nothing in the adoption laws of this state shall be construed to prevent the petitioners for adoption of the child from voluntarily entering into a written …

Any decree or order made pursuant to the provisions of the Oklahoma Children's Code may be modified by the court at any time; provided, however, that an order terminating parental rights shall not be modified. Added by Laws 1968, c. 282, § 118, eff. Jan. 13, 1969. Amended by Laws…

parental rights. A. A petition or motion for termination of parental rights may be filed independently by either the district attorney or the attorney of a child alleged to be or adjudicated deprived. B. A petition or motion for termination of parental rights shall be filed by th…

A. The district attorney shall file a petition or motion for termination of the parent-child relationship and parental rights with respect to a child or shall join in the petition or motion, if filed by the child’s attorney, in any of the following circumstances: 1. Prior to the …

Show cause. If the court finds from the information presented by the Department of Human Services that the permanency plan for the child should be adoption, the court may order the district attorney to show cause why it should not file a petition or motion to terminate the parent…

A. A court shall not terminate the rights of a parent to a child unless: 1. The child has been adjudicated to be deprived either prior to or concurrently with a proceeding to terminate parental rights; and 2. Termination of parental rights is in the best interests of the child. B…

A. 1. Prior to a hearing on the petition or motion for termination of parental rights, notice of the date, time, and place of the hearing and a copy of the petition or motion to terminate parental rights shall be served upon the parent who is the subject of the termination procee…

A. The termination of parental rights terminates the parent- child relationship, including: 1. The parent's right to the custody of the child; 2. The parent's right to visit the child; 3. The parent's right to control the child's training and education; 4. The parent's right to a…

If the court terminates the rights of a parent and places the child with an individual or agency, the court may vest in such individual or agency authority to consent to the adoption of the child. Provided, that when the court places the child with the Department of Human Service…

– Permanency hearing – Continuing jurisdiction. A. When parental rights are not terminated as a result of a trial, the court shall set the matter for a permanency hearing within thirty (30) days. B. The failure of parental rights to be terminated at trial shall not deprive the co…

A. A child may, by application, request the court to reinstate the previously terminated parental rights of his or her parent under the following circumstances: 1. The child was previously found to be a deprived child; 2. The parent's rights were terminated in a proceeding under …

A. Any interested party aggrieved by any order or decree may appeal to the Supreme Court pursuant to Section 1-5-103 of this title and the rules of the Supreme Court of this state. B. The pendency of an appeal thus taken shall not suspend the order of the district court regarding…

opinions. In opinions of the appellate courts of this state in proceedings including, but not limited to, deprived, adoption, paternity proceedings and other proceedings under this title, the initial of the child's surname shall be used rather than the name of the child. Added by…

Priority basis expediting of adjudication. A. All appeals of cases involving deprived or allegedly deprived children, including termination of parental rights, shall be initiated by filing a petition in error in the Supreme Court within thirty (30) days of the order appealed from…

A. The court shall make and keep records of all cases brought before it. The court may devise and cause to be printed forms for records and such other papers as may be required. B. As used in the Oklahoma Children's Code: 1. "Records" shall include but not be limited to written o…

A. Except as provided by this section and except as otherwise specifically provided by state and federal laws, the following records are confidential and shall not be open to the general public or inspected or their contents disclosed: 1. Juvenile court records; 2. Agency records…