Oklahoma 10a statues 2019 pdf download

Jurisdiction to enforce Oklahoma Children's Code. Establishment of statewide centralized hotline for reporting child abuse or neglect — Hotline requirements — Reporting abuse or neglect — Retaliation by employer - Violations. Department of Human Services — Required actions for reports of child abuse.

Assessment and investigations - Determinations and referrals by Department of Human Services — Investigations by law enforcement agencies. Judicial authority to request investigation. Immunity from civil and criminal liability - Presumption. Investigation of child abuse or neglect — Assessment of family — Immediate removal of child - Report — Voluntary services - Temporary restraining order - Investigation by State Bureau of Investigation — Child with complex medical needs.

Notice to person being investigated. Disclosure of information. Central registry for child abuse, sexual abuse, sexual exploitation and neglect. Relinquishment of child 7 days of age or younger to medical services provider or child rescuer. Abandonment of child in voluntary placement. Pilot program to improve socioeconomic outcomes for children in state custody.

Authorization to consent to medical or dental care. Medical care and treatment — Definitions — Authorization and consent. Immunity from liability for authorizing medical treatment or mental health evaluation or treatment.

Jurisdiction — Venue — Residence of child — Transfer of proceedings. Evidence of child abuse or neglect in matrimonial or child custody actions - Investigation by Department of Human Services - Orders for protective custody - Appointment of attorney for child. Circumstances authorizing taking a child into custody — Joint response by Department of Human Services, law enforcement, and district courts — Safety evaluation.

Written notification of emergency custody hearing. Emergency custody hearing — Affidavit — Notice to relatives. Placement preferences. Records of child in protective custody — Petition — Hearings — Order providing for removal of a child.

Restraining order - Hearing. Immediate assumption of custody to protect child's health or welfare. Standardized assessment for children taken into custody. Amendment of petition — Postadjudication petition. Summons - Contents — Waiver of service. Service of summons. Failure to appear without reasonable cause - Consent to adjudication - Contempt - Warrants. Appointment of counsel - Guardians ad litem - Court-appointed special advocates. Discovery and court rules concerning juvenile proceedings — Exchange of information — Protective order.

District attorney to act as petitioner. Jury trial. Conduct of hearings. Alternative dispute resolution. Admissibility of prerecorded statements of child age 12 or under who is victim of abuse. Taking testimony of child age 12 or under in room other than courtroom - Recording.

Admissibility of evidence. Immunity for testimony — Records — Statements during evaluation or treatment. Adjudication hearing. Allegations of petition not supported by evidence. Order of adjudication finding child to be deprived. Reimbursements and costs by parents able to pay. Deprived child - Paternity - Support. Examination of child — Investigation of home conditions. Individualized service plan.

Religious preference in placement - Placement of child — Restriction on placement in home of felon or sex offender. Dispositional hearing. Dispositional orders - Determinations. Deprivation based on repeated absence from school.

Permanent guardianship. Motion for permanent guardianship — Notice — Home study — Findings — Visitation — Guardianship review. Motion for modification or termination of a permanent guardianship. Authority to establish family drug court — Procedures. Family drug court assessment. Family drug court program eligibility. Family drug court judge - Powers.

Stay pending review of release order. Hearing to determine release of child from state custody. Placement of child in the custody of the Department of Human Services. Notification of movement of child in the custody of Department of Human Services.

Change in foster or group home placement. Trial home reunification. Emergency hearings. Review hearing. Review hearing report - Child's access to counsel. Findings establishing that reasonable efforts to reunify child are not required. Permanency meeting and reports. Permanency hearing and findings. Determination of eligibility of foster parent to adopt.

Postadoption agreements with birth relatives. Modification of decrees or orders. Filing of petition or motion for termination of parental rights. Termination motion or petition by district attorney. Order to terminate parent-child legal relationship — Show cause. In counties having a juvenile bureau, the fee shall be paid to the juvenile bureau; in all other counties, the fee shall be paid to the Office of Juvenile Affairs;.

If it is consistent with the welfare of the child, the child shall be placed with the parent or legal guardian of the child, but if it appears to the court that the conduct of such parent, guardian, legal guardian, stepparent or other adult person living in the home has contributed to the child becoming delinquent or in need of supervision, the court may issue a written order specifying conduct to be followed by such parent, guardian, legal custodian, stepparent or other adult person living in the home with respect to such child.

The conduct specified shall be such as would reasonably prevent the child from continuing to be delinquent or in need of supervision. If it is consistent with the welfare of the child, in cases where the child has been adjudicated to be in need of supervision due to repeated absence from school, the court may order counseling and treatment for the child and the parents of the child to be provided by the local school district, the county, the Office or a private individual or entity.

Prior to final disposition, the court shall require that it be shown by the appropriate school district that a child found to be truant has been evaluated for learning disabilities, hearing and visual impairments and other impediments which could constitute an educational handicap or has been evaluated to determine whether the child has a disability if it is suspected that the child may require special education services in accordance with the Individuals with Disabilities Education Act IDEA.

The results of such tests shall be made available to the court for use by the court in determining the disposition of the case.

In issuing orders to a parent, guardian, legal guardian, stepparent or other adult person living in the home of a child adjudicated to be a delinquent child or in making other disposition of said delinquent child, the court may consider the testimony of said parent, guardian, legal guardian, stepparent or other adult person concerning the behavior of the juvenile and the ability of such person to exercise parental control over the behavior of the juvenile.

In any dispositional order involving a child age sixteen 16 or older, the court shall make a determination, where appropriate, of the services needed to assist the child to make the transition to independent living. No child who has been adjudicated in need of supervision only upon the basis of truancy or noncompliance with the mandatory school attendance law shall be placed in a public or private institutional facility or be removed from the custody of the lawful parent, guardian or custodian of the child.

Nothing in the Oklahoma Juvenile Code or the Oklahoma Children's Code may be construed to prevent a child from being adjudicated both deprived and delinquent if there exists a factual basis for such a finding;. The court may commit the child to the custody of a private institution or agency, including any institution established and operated by the county, authorized to care for children or to place them in family homes.

In committing a child to a private institution or agency, the court shall select one that is licensed by any state department supervising or licensing private institutions and agencies; or, if such institution or agency is in another state, by the analogous department of that state. Whenever the court shall commit a child to any institution or agency, it shall transmit with the order of commitment a summary of its information concerning the child, and such institution or agency shall give to the court such information concerning the child as the court may at any time require;.

The court may order the child to receive counseling or other community-based services as necessary;. The court may commit the child to the custody of the Office of Juvenile Affairs. Any order adjudicating the child to be delinquent and committing the child to the Office of Juvenile Affairs shall be for an indeterminate period of time;. If the child has been placed outside the home, and it appears to the court that the parent, guardian, legal custodian, or stepparent, or other adult person living in the home has contributed to the child becoming delinquent or in need of supervision, the court may order that the parent, guardian, legal custodian, stepparent, or other adult living in the home be made subject to any treatment or placement plan prescribed by the Office or other person or agency receiving custody of the child;.

The court shall forward a copy of the adjudication order to the Crime Victims Compensation Board for purposes of Section Except as otherwise provided by law, such adjudication order shall be kept confidential by the Board,.

The state or any political subdivision shall not be liable if a loss or claim results from any acts or omission of a child ordered to engage in a term of community service pursuant to the provisions of this paragraph,.

The court may consider a verified statement from the victim concerning damages for injury or loss of property and actual expenses of medical treatment for personal injury, excluding pain and suffering. If contested, a restitution hearing to determine the liability of the child, the parent or parents of the child, or legal guardian shall be held not later than thirty 30 days after the disposition hearing and may be extended by the court for good cause.

The parent or parents of the child or legal guardian may be represented by an attorney in the matter of the order for remittance of the restitution by the parent or parents of the child or legal guardian. The burden of proving that the amount indicated on the verified statement is not fair and reasonable shall be on the person challenging the fairness and reasonableness of the amount.

To this end, it is the purpose of the laws relating to children alleged or found to be deprived to: 1. Intervene in the family only when necessary to protect a child from harm or threatened harm; 2. Provide expeditious and timely judicial and agency procedures for the protection of the child; 3. Preserve, unify, and strengthen the family ties of the child whenever possible when in the best interests of the child to do so; 4. Recognize that the right to family integrity, preservation or reunification is limited by the right of the child to be protected from abuse and neglect; 5.

Make reasonable efforts to prevent or eliminate the need for the removal of a child from the home and make reasonable efforts to return the child to the home unless otherwise prescribed by the Oklahoma Children's Code; 6. Recognize that permanency is in the best interests of the child; 7. Ensure that when family rehabilitation and reunification are not possible, the child will be placed in an adoptive home or other permanent living arrangement in a timely fashion; and 8.

Whenever it is necessary for a child to be placed outside the home pursuant to the Oklahoma Children's Code, it is the intent of the Legislature that: 1.

Each child shall be assured the care, guidance, and supervision in a permanent home or foster home that will serve the best interests of the child including, but not limited to, the development of the moral, emotional, spiritual, mental, social, educational, and physical well-being of the child; 2. When a child is placed in foster care, the foster parent shall be allowed to consider the child as part of the family; 3. Whenever possible siblings shall be placed together and when it is not possible efforts shall be made to preserve the relationships through visitation and other methods of communication; and 4.

Permanent placement is achieved as soon as possible. Disclaimer: These codes may not be the most recent version. Corporation Commission KB Title Corporations KB Title Courts KB Title Crimes and Punishments KB Title Criminal Procedure KB Title Damages 73KB Title Debtor and Creditor KB Title Elections KB Title Fees KB Title Game and Fish KB Title Guardian and Ward KB Title Homestead and Exemptions 27KB Title Initiative and Referendum 60KB Title Insurance KB Title Intoxicating Liquors KB Title Jurors 69KB Title 37A.

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