0 chapters · 346 sections in this title.
10A O.S. § 1-1-101 Short title - Subsequent enactments - Article
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chapter and part captions. A. Sections 1-1-101 through 1-9-122 of this title shall be known and may be cited as the "Oklahoma Children's Code". B. All statutes hereinafter enacted and codified in this title shall be considered and deemed part of the Oklahoma Children's Code. C. A…
10A O.S. § 1-1-102 Recognition of duties, rights and interests –
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Legislative intent. A. For the purposes of the Oklahoma Children's Code, the Legislature recognizes that: 1. Parents have a natural, legal, and moral right, as well as a duty, to care for and support their children and such rights are protected by state and federal laws as well a…
10A O.S. § 1-1-104 Jurisdiction to enforce Oklahoma Children's Code
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The Attorney General, the district attorney of the appropriate district and any other law enforcement official having jurisdiction shall have the authority to bring civil actions against any person, officer or department, board, commission or other entity, to enforce the provisio…
10A O.S. § 1-1-105 See the following versions:
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OS 10A-1-1-105v1 (HB 2207, Laws 2025, c. 149, 1) OS 10A-1-1-105v2 (HB 1965, Laws 2025, c. 375, § 1)
10A O.S. § 1-1-105v1 Definitions
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When used in the Oklahoma Children's Code, unless the context otherwise requires: 1. "Abandonment" means: a. the willful intent by words, actions, or omissions not to return for a child, or b. the failure to maintain a significant parental relationship with a child through visita…
10A O.S. § 1-1-105v2 Definitions
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When used in the Oklahoma Children’s Code, unless the context otherwise requires: 1. “Abandonment” means: a. the willful intent by words, actions, or omissions not to return for a child, b. the failure to maintain a significant parental relationship with a child through visitatio…
10A O.S. § 1-10-103 Child Welfare Review Committee for the Death and
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Near Death of Children With Disabilities. A. There is hereby created, to continue until December 31, 2018, the "Child Welfare Review Committee for the Death and Near Death of Children With Disabilities". The purpose of the Committee shall be to study cases of the death and near d…
10A O.S. § 1-2-101 See the following versions:
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OS 10A-1-2-101v1 (HB 1565, Laws 2025, c. 26, 1) OS 10A-1-2-101v2 (HB 2798, Laws 2025, c. 260, § 1) OS 10A-1-2-101v3 (HB 2104, Laws 2025, c. 486, § 344)
10A O.S. § 1-2-101v1 Establishment of statewide centralized hotline for
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reporting child abuse or neglect – Hotline requirements – Reporting abuse or neglect – Retaliation by employer - Violations. A. 1. The Department of Human Services shall establish a statewide centralized hotline for the reporting of child abuse or neglect to the Department. 2. Th…
10A O.S. § 1-2-101v2 Establishment of statewide centralized hotline for
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reporting child abuse or neglect – Hotline requirements – Reporting abuse or neglect – Retaliation by employer - Violations. A. 1. The Department of Human Services shall establish a statewide centralized hotline for the reporting of child abuse or neglect to the Department. 2. Th…
10A O.S. § 1-2-101v3 Establishment of statewide centralized hotline for
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reporting child abuse or neglect – Hotline requirements – Reporting abuse or neglect – Retaliation by employer - Violations. A. 1. The Department of Human Services shall establish a statewide centralized hotline for the reporting of child abuse or neglect to the Department. 2. Th…
10A O.S. § 1-2-102 See the following versions:
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OS 10A-1-2-102v1 (HB 2491, Laws 2016, c. 130, 1) OS 10A-1-2-102v2 (HB 1565, Laws 2025, c. 26, § 2)
10A O.S. § 1-2-102v1 Department of Human Services – Required actions for
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reports of child abuse. A. 1. Upon receipt of a report that a child may be abused, neglected or drug-endangered, the Department of Human Services shall conduct a safety analysis. 2. The Department may employ or contract with active or retired social work, medical and law enforcem…
10A O.S. § 1-2-102v2 Assessment and investigations - Determinations and
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referrals by Department of Human Services – Investigations by law enforcement agencies. A. 1. Upon receipt of a report that a child may be abused, neglected or drug-endangered, the Department of Human Services shall conduct a safety analysis. 2. The Department may employ or contr…
10A O.S. § 1-2-103 Judicial authority to request investigation
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A judge of the district court may request an investigation be conducted by the Oklahoma State Bureau of Investigation or other law enforcement agency in cases where the court reasonably believes that criminally injurious conduct including, but not limited to, physical or sexual a…
10A O.S. § 1-2-104 Immunity from civil and criminal liability -
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Presumption. A. Any person who, in good faith and exercising due care, reports suspected child abuse or neglect, or who allows access to a child by persons authorized to investigate a report concerning the child shall have immunity from any liability, civil or criminal, that migh…
10A O.S. § 1-2-105 Investigation of child abuse or neglect – Assessment
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of family – Immediate removal of child - Report – Voluntary services - Temporary restraining order - Investigation by State Bureau of Investigation – Child with complex medical needs. A. 1. Any county office of the Department of Human Services receiving a child abuse or neglect r…
10A O.S. § 1-2-106 Notice to person being investigated
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At the initial time of contact with a person responsible for the health, safety, or welfare of a child who is the subject of an investigation pursuant to the Oklahoma Children’s Code, the Department of Human Services shall advise the person of the specific complaint or allegation…
10A O.S. § 1-2-107 Disclosure of information
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A. The Department of Human Services may provide information to a person or agency that provides professional services such as medical examination of or therapeutic intervention with a victim of abuse or neglect. This information may include, but is not limited to: 1. The investig…
10A O.S. § 1-2-108 Central registry for child abuse, sexual abuse
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sexual exploitation and neglect. A. There is hereby established within the Department of Human Services an information system for the maintenance of all reports of child abuse, sexual abuse, sexual exploitation, and neglect made pursuant to the provisions of the Oklahoma Children…
10A O.S. § 1-2-109 Relinquishment of child 30 days or younger to medical
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services provider or child rescuer. A. A parent subject to the provisions of this act shall not be prosecuted for child abandonment or child neglect under the provisions of any statute which makes child abandonment or child neglect a crime, when the allegations of child abandonme…
10A O.S. § 1-2-110 Abandonment of child in voluntary placement
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A. For a child in a voluntary foster care placement pursuant to an agreement between the parent, legal guardian or custodian of the child and the Developmental Disabilities Services Division of the Department of Human Services if the division determines that such child has been a…
10A O.S. § 1-2-111 Pilot program to improve socioeconomic outcomes for
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children in state custody. A. The Department of Human Services may, subject to available funding and in consultation with an evaluation team created pursuant to this section, create a pilot program to improve socioeconomic outcomes for children in state custody. B. If implemented…
10A O.S. § 1-3-101 Authorization to consent to medical or dental care
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A. 1. Either parent or the court-appointed legal guardian of a child 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, o…
10A O.S. § 1-3-102 Medical care and treatment – Definitions –
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Authorization and consent. A. For purposes of this section: 1. “Routine and ordinary medical care and treatment” includes any necessary medical and dental examinations and treatment, medical screenings, clinical laboratory tests, blood testing, preventative care, health assessmen…
10A O.S. § 1-3-103 Immunity from liability for authorizing medical
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treatment or mental health evaluation or treatment. No peace officer, employee of the court, employee of the Department of Human Services, or person consenting or not consenting to medical treatment or behavioral health evaluation or treatment in accordance with the provisions of…
10A O.S. § 1-3-104 Safety plan monitor – Authorization of medical or
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dental treatment. The safety plan monitor of a child who is in a safety plan with the Department of Human Services may, if the parent of the child is unavailable, authorize medical or dental treatment or examinations which are necessary for the well-being of the child. Added by L…
10A O.S. § 1-4-101 Jurisdiction – Venue – Residence of child – Transfer
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of proceedings. A. 1. Upon the filing of a petition, the assumption of the custody of a child, or issuance of an emergency custody order pursuant to the provisions of the Oklahoma Children's Code, the district court shall obtain jurisdiction over any child who is or is alleged to…
10A O.S. § 1-4-102 Evidence of child abuse or neglect in matrimonial or
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child custody actions - Investigation by Department of Human Services - Orders for protective custody - Appointment of attorney for child. A. 1. If the evidence in a court proceeding concerning child custody or visitation indicates that a child may be a victim of abuse or neglect…
10A O.S. § 1-4-201 Circumstances authorizing taking a child into custody
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– Joint response by Department of Human Services, law enforcement, and district courts – Safety evaluation. A. Pursuant to the provisions of this section, a child may be taken into custody prior to the filing of a petition: 1. By a peace officer or employee of the court, without …
10A O.S. § 1-4-202 Written notification of emergency custody hearing
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A. The peace officer, employee of the court, or the employee of the Department of Human Services responsible for assuming physical custody of a child shall provide the parent, legal guardian, or physical custodian of the child with immediate written notice of the protective or em…
10A O.S. § 1-4-203 Emergency custody hearing – Affidavit – Notice to
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relatives. A. Within the next two (2) judicial days following the child being taken into protective or emergency custody, the court shall conduct an emergency custody hearing. At the hearing, information may be provided to the court in the form of oral or written reports, affidav…
10A O.S. § 1-4-204 Placement preferences
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A. 1. When awarding custody or determining the placement of a child, a preference shall be given to relatives and persons who have a kinship relationship with the child. The Department of Human Services shall make diligent efforts to place the child with such persons and shall re…
10A O.S. § 1-4-205 Records of child in protective custody – Petition –
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Hearings – Order providing for removal of a child. A. The office of the district attorney and the Department of Human Services shall maintain records concerning a child in protective custody who is released prior to the emergency custody hearing. The records shall describe the re…
10A O.S. § 1-4-206 Restraining order - Hearing
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A. 1. At the emergency custody hearing or when a petition has been filed alleging that a child has been physically or sexually abused, the court may enter an order restraining the alleged perpetrator of the abuse from having contact with the child or attempting to contact the chi…
10A O.S. § 1-4-207 Immediate assumption of custody to protect child's
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health or welfare. Nothing contained in the Oklahoma Children's Code shall prevent a court from immediately assuming custody of a child and ordering whatever action may be necessary, including medical or behavioral health treatment, to protect the child's health, safety, or welfa…
10A O.S. § 1-4-208 Standardized assessment for children taken into
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custody. A. Every child taken into custody by the Department of Human Services pursuant to the Oklahoma Children's Code shall be given a standardized assessment within twenty-one (21) days of entering custody, unless otherwise prescribed by the assessment. B. The assessment shall…
10A O.S. § 1-4-301 Petitions
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A. 1. A petition in a proceeding alleging a child to be deprived may be filed by the district attorney to determine if further action is necessary. The proceeding shall be entitled "In the matter of ____________, an alleged deprived child". 2. The petition shall be verified and m…
10A O.S. § 1-4-302 Amendment of petition – Postadjudication petition
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A. No pleading subsequent to the petition alleging a child to be deprived is required, and the filing of any motion or pleading shall not delay the holding of the adjudicatory hearing. B. The court shall liberally allow the petition to be amended at any time to add, modify, or su…
10A O.S. § 1-4-303 Summons - Contents – Waiver of service
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A. 1. Upon the filing of the petition, the court shall schedule a hearing and shall issue a summons requiring the parents, legal guardian, custodian, the child if the child is twelve (12) or more years of age, and any other persons the court determines to be proper or necessary p…
10A O.S. § 1-4-304 Service of summons
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A. 1. Service of summons shall be made by personal delivery, by mail, or by publication as provided for in civil actions pursuant to Section 2004 of Title 12 of the Oklahoma Statutes or any successor statute. 2. The court shall not hold the adjudication hearing until at least for…
10A O.S. § 1-4-305 Failure to appear without reasonable cause - Consent
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to adjudication - Contempt - Warrants. A. Failure of a person summoned as provided in this part to respond or appear without reasonable cause constitutes the person's consent to an adjudication of the child to be deprived. B. If any person summoned as provided in this part fails …
10A O.S. § 1-4-306 Appointment of counsel - Guardians ad litem - Court-
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appointed special advocates. A. 1. a. If a parent or legal guardian of the child requests an attorney and is found to be indigent, counsel may be appointed by the court at the emergency custody hearing and shall be appointed if a petition has been filed alleging that the child is…
10A O.S. § 1-4-401 Discovery and court rules concerning juvenile
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proceedings – Exchange of information – Protective order. A. The provisions of the Oklahoma Discovery Code and the Rules for District Courts of Oklahoma do not apply to juvenile proceedings except as provided by this section. B. The court may order the parties to exchange informa…
10A O.S. § 1-4-501 District attorney to act as petitioner
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Except as otherwise provided by this Code, the district attorney shall prepare and prosecute every hearing and proceeding within the purview of the Oklahoma Children's Code, and shall act as petitioner in all cases; provided, counsel for the Department of Human Services may, with…
10A O.S. § 1-4-502 Jury trial
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A. A parent entitled to service of summons, the state or a child shall have the right to demand a trial by jury on the sole issue of termination of parental rights only in the following circumstances: 1. When the initial petition to determine if a child is deprived also contains …
10A O.S. § 1-4-503 Conduct of hearings
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A. All cases initiated by the filing of a petition alleging that a child is deprived shall be heard separately from the trial of other cases against adults. The adjudicative hearings and hearings for termination of parental rights shall be conducted according to the rules of evid…
10A O.S. § 1-4-504 Alternative dispute resolution
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A. At any stage of the proceedings, the court may order, or the parties may voluntarily participate in an alternative dispute resolution process which may include: 1. Family group conferencing; 2. Mediation; or 3. A settlement conference. B. If a court orders an alternative dispu…
10A O.S. § 1-4-505 Admissibility of prerecorded statements of child who
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is victim of abuse. A. This section shall apply only to a proceeding brought within the purview of the Oklahoma Children's Code in which a child is alleged to be deprived, and shall apply only to the statement of that child or another child witness. B. The recording of an oral st…
10A O.S. § 1-4-506 Taking testimony of child age 12 or under in room
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other than courtroom - Recording. A. This section shall apply only to a proceeding brought under the Oklahoma Children's Code in which a child at the time of the testimony is alleged or adjudicated to be deprived, and shall apply only to the testimony of that child or other child…