Oklahoma 2022 Regular Session

Oklahoma House Bill HB2565 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 2565 By: Caldwell (Chad),
4		-	Rosecrants, Russ and Lepak
5		-	of the House
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
	31	+	BILL NO. 2565 By: Caldwell (Chad), Rosecrants
	32	+	and Russ of the House
6	33
7	34		and
8	35
9		-	Daniels and Bergstrom of
10		-	the Senate
11		-
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16		-	An Act relating to the Oklahoma Children 's Code;
	36	+	Daniels of the Senate
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	42	+	An Act relating to children; amending 10A O.S. 2011,
	43	+	Section 1-1-105, as last amended by Section 1,
	44	+	Chapter 161, O.S.L. 2020 (10A O.S. Supp. 2020,
	45	+	Section 1-1-105), which relates to the Oklahoma
	46	+	Children's Code; updating term; modifying definition
	47	+	for deprived child; altering definition for failure
	48	+	to protect; modifying definition for neglect;
	49	+	excluding specified independent activities; and
	50	+	providing an effective date.
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	55	+
	56	+	AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
	57	+	entire bill and insert
	58	+
	59	+	”An Act relating to the Oklahoma Children 's Code;
17	60		amending 10A O.S. 2011, Section 1 -1-105, as last
18	61		amended by Section 1, Chapter 161, O.S.L. 2020 (10A
19	62		O.S. Supp. 2020, Section 1 -1-105), which relates to
20	63		definitions; modifying definitions; and providing an
21	64		effective date.
22	65
23	66
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25		-
26		-	SUBJECT: Oklahoma Children's Code
27		-
28	68		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
29		-
30	69		SECTION 1. AMENDATORY 10A O.S. 2011, Section 1 -1-105, as
31	70		last amended by Section 1, Chapter 161, O.S.L. 2020 (10A O.S. Supp.
32	71		2020, Section 1-1-105), is amended to read as follows:
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34	98		Section 1-1-105. When used in the Oklahoma Children's Code,
35	99		unless the context otherwise requires:
36		-
37	100		1. "Abandonment" means:
38		-
39	101		a. the willful intent by words, actions, or omissions not
40	102		to return for a child, or
41		-
42	103		b. the failure to maintain a significant parental
43	104		relationship with a child through visitation or
44	105		communication in which inci dental or token visits or
45	106		communication are not considered significant, or
46		-	ENR. H. B. NO. 2565 Page 2
47	107		c. the failure to respond to notice of deprived
48	108		proceedings;
49		-
50	109		2. "Abuse" means harm or threatened harm to the health, safety,
51	110		or welfare of a child by a person responsible for the c hild's
52	111		health, safety, or welfare, including but not limited to
53	112		nonaccidental physical or mental injury, sexual abuse, or sexual
54	113		exploitation. Provided, however, that nothing contained in the
55	114		Oklahoma Children's Code shall prohibit any parent from using
56	115		ordinary force as a means of discipline including, but not limited
57	116		to, spanking, switching, or paddling.
58		-
59	117		a. "Harm or threatened harm to the health or safety of a
60	118		child" means any real or threatened physical, mental,
61	119		or emotional injury or damage to the body or mind that
62	120		is not accidental including but not limited to sexual
63	121		abuse, sexual exploitation, neglect, or dependency.
64	122
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65	148		b. "Sexual abuse" includes but is not limited to rape,
66	149		incest, and lewd or indecent acts or proposals made to
67	150		a child, as defined by law , by a person responsible
68	151		for the health, safety, or welfare of the child.
69		-
70	152		c. "Sexual exploitation" includes but is not limited to
71	153		allowing, permitting, encouraging, or forcing a child
72	154		to engage in prostitution, as defined by law, by any
73	155		person eighteen (18) years of age or older or by a
74	156		person responsible for the health, safety, or welfare
75	157		of a child, or allowing, permitting, encouraging, or
76	158		engaging in the lewd, obscene, or pornographic, as
77	159		defined by law, photographing, filming, or depicting
78	160		of a child in those acts by a person responsible for
79	161		the health, safety, and welfare of the child;
80		-
81	162		3. "Adjudication" means a finding by the court that the
82	163		allegations in a petition alleging that a child is deprived are
83	164		supported by a preponderance of the evidence;
84		-
85	165		4. "Adjudicatory hearing" means a hearing by the court as
86	166		provided by Section 1 -4-601 of this title;
87		-
88	167		5. "Age-appropriate or developmentally appropriate" means:
89		-
90	168		a. activities or items that are generally accepted as
91		-	suitable for children of the same age or ~~level~~ of ~~ENR. H. B. NO. 2565 Page 3~~
	169	+	suitable for children of the same age or l evel of
92	170		maturity or that are determined to be developmentally
93	171		appropriate for a child, based on the development of
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94	198		cognitive, emotional, physical, and behavioral
95	199		capacities that are typical for an age or age group,
96	200		and
97		-
98	201		b. in the case of a specific child, a ctivities or items
99	202		that are suitable for that child based on the
100	203		developmental stages attained by the child with
101	204		respect to the cognitive, emotional, physical, and
102	205		behavioral capacities of the specific child.
103		-
104	206		In the event that any age -related activities ha ve implications
105	207		relative to the academic curriculum of a child, nothing in this
106	208		paragraph shall be construed to authorize an officer or employee of
107	209		the federal government to mandate, direct, or control a state or
108	210		local educational agency, or the specific i nstructional content,
109	211		academic achievement standards and assessments, curriculum, or
110	212		program of instruction of a school;
111		-
112	213		6. "Assessment" means a comprehensive review of child safety
113	214		and evaluation of family functioning and protective capacities that
114	215		is conducted in response to a child abuse or neglect referral that
115	216		does not allege a serious and immediate safety threat to a child;
116		-
117	217		7. "Behavioral health" means mental health, substance abuse, or
118	218		co-occurring mental health and substance abuse diagnoses, and t he
119	219		continuum of mental health, substance abuse, or co -occurring mental
120	220		health and substance abuse treatment;
121	221
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122	247		8. "Child" means any unmarried person under eighteen (18) years
123	248		of age;
124		-
125	249		9. "Child advocacy center" means a center and the
126	250		multidisciplinary child abuse team of which it is a member that is
127	251		accredited by the National Children's Alliance or that is completing
128	252		a sixth year of reaccreditation. Child advocacy centers shall be
129	253		classified, based on the child population of a district attorney's
130	254		district, as follows:
131		-
132	255		a. nonurban centers in districts with child populations
133	256		that are less than sixty thousand (60,000), and
134		-
135	257		b. midlevel nonurban centers in districts with child
136		-	populations equal to or greater than ~~sixt y~~ thousand ~~ENR. H. B. NO. 2565 Page 4~~
	258	+	populations equal to or greater than sixty thousand
137	259		(60,000), but not including Oklahom a and Tulsa
138	260		Counties;
139		-
140	261		10. "Child with a disability" means any child who has a
141	262		physical or mental impairment which substantially limits one or more
142	263		of the major life activities of the child, or who is regarded as
143	264		having such an impairment by a competent me dical professional;
144		-
145	265		11. "Child-placing agency" means an agency that arranges for or
146	266		places a child in a foster family home, family -style residential
147	267		living program, group home, adoptive home, or a successful adulthood
148	268		program;
149		-
150	269		12. "Children's emergency r esource center" means a community -
151	270		based program that may provide emergency care and a safe and
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152	297		structured homelike environment or a host home for children
153	298		providing food, clothing, shelter and hygiene products to each child
154	299		served; after-school tutoring; counseling services; life -skills
155	300		training; transition services; assessments; family reunification;
156	301		respite care; transportation to or from school, doctors'
157	302		appointments, visitations and other social, school, court or other
158	303		activities when necessary; and a s table environment for children in
159	304		crisis who are in custody of the Department of Human Services if
160	305		permitted under the Department's policies and regulations, or who
161	306		have been voluntarily placed by a parent or custodian during a
162	307		temporary crisis;
163		-
164	308		13. "Community-based services" or "community -based programs"
165	309		means services or programs which maintain community participation or
166	310		supervision in their planning, operation, and evaluation.
167	311		Community-based services and programs may include, but are not
168	312		limited to, emergency shelter, crisis intervention, group work, case
169	313		supervision, job placement, recruitment and training of volunteers,
170	314		consultation, medical, educational, home -based services, vocational,
171	315		social, preventive and psychological guidance, training, counse ling,
172	316		early intervention and diversionary substance abuse treatment,
173	317		sexual abuse treatment, transitional living, independent living, and
174	318		other related services and programs;
175		-
176	319		14. "Concurrent permanency planning" means, when indicated, the
177	320		implementation of two plans for a child entering foster care. One
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178	347		plan focuses on reuniting the parent and child; the other seeks to
179	348		find a permanent out -of-home placement for the child with both plans
180	349		being pursued simultaneously;
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182	350		15. "Court-appointed special advocate" or "CASA" means a
183	351		responsible adult volunteer who has been trained and is supervised
184	352		by a court-appointed special advocate program recognized by the
185	353		court, and when appointed by the court, serves as an officer of the
186	354		court in the capacity as a guardian ad litem;
187		-
188	355		16. "Court-appointed special advocate program" means an
189	356		organized program, administered by either an independent, not -for-
190	357		profit corporation, a dependent project of an independent, not -for-
191	358		profit corporation or a unit of local government, which re cruits,
192	359		screens, trains, assigns, supervises and supports volunteers to be
193	360		available for appointment by the court as guardians ad litem;
194		-
195	361		17. "Custodian" means an individual other than a parent, legal
196	362		guardian or Indian custodian, to whom legal custody of the child has
197	363		been awarded by the court. As used in this title, the term
198	364		"custodian" shall not mean the Department of Human Services;
199		-
200	365		18. "Day treatment" means a nonresidential program which
201	366		provides intensive services to a child who resides in the child 's
202	367		own home, the home of a relative, group home, a foster home or
203	368		residential child care facility. Day treatment programs include,
204	369		but are not limited to, educational services;
205		-
206	370		19. "Department" means the Department of Human Services;
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208	397		20. "Dependency" me ans a child who is homeless or without
209	398		proper care or guardianship through no fault of his or her parent,
210	399		legal guardian, or custodian;
211		-
212	400		21. "Deprived child" means a child:
213		-
214	401		a. who is for any reason destitute, homeless, or
215	402		abandoned,
216		-
217	403		b. who does not have th e proper parental care or
218	404		guardianship,
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220	405		c. who has been abused, neglected, or is dependent,
221		-
222	406		d. whose home is an unfit place for the child by reason
223	407		of depravity on the part of the parent or legal
224	408		guardian of the child, or other person responsible for
225	409		the health or welfare of the child,
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	410	+	e. who is a child in need of special care and treatment
	411	+	because of the child's physical or mental condition,
	412	+	and the child's parents, legal guardian, or other
	413	+	custodian is unable or willfully fails to provide such
	414	+	special care and treatment. As used in this
	415	+	paragraph, a child in need of special care and
	416	+	treatment includes, but is not limited to, a child who
	417	+	at birth tests positive for alcohol or a controlled
	418	+	dangerous substance and who, pursuant to a drug or
	419	+	alcohol screen of the child and an assessment of the
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	446	+	parent, is determined to be at risk of harm or
	447	+	threatened harm to the health or safety of a child,
	448	+	f. who is a child with a disability deprived of the
	449	+	nutrition necessary to sustain life or of the medical
	450	+	treatment necessary to remedy or relieve a life -
	451	+	threatening medical condition in order to cause or
	452	+	allow the death of the child if such nutrition or
	453	+	medical treatment is generally provided to similarly
	454	+	situated children without a disability or children
	455	+	with disabilities; provided that no medical treatment
	456	+	shall be necessary if, in the reasonable medical
	457	+	judgment of the attending physician, such treatment
	458	+	would be futile in saving the life of the child,
	459	+	g. who, due to improper parental care and guardianship,
	460	+	is absent from school as specified in Section 10 -106
	461	+	of Title 70 of the Oklahoma Statutes, if the child is
	462	+	subject to compulsory school attendance,
	463	+	h. whose parent, legal guardian or custodian for good
	464	+	cause desires to be relieved of custody,
	465	+	i. who has been born to a p arent whose parental rights to
	466	+	another child have been involuntarily terminated by
	467	+	the court and the conditions which led to the making
	468	+	of the finding, which resulted in the termination of
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	495	+	the parental rights of the parent to the other child,
	496	+	have not been corrected, or
	497	+	j. whose parent, legal guardian, or custodian has
	498	+	subjected another child to abuse or neglect or has
	499	+	allowed another child to be subjected to abuse or
	500	+	neglect and is currently a respondent in a deprived
	501	+	proceeding.
	502	+	Nothing in the Oklahoma Ch ildren's Code shall be construed to
	503	+	mean a child is deprived for the sole reason the parent, legal
	504	+	guardian, or person having custody or control of a child, in good
	505	+	faith, selects and depends upon spiritual means alone through
	506	+	prayer, in accordance with th e tenets and practice of a recognized
	507	+	church or religious denomination, for the treatment or cure of
	508	+	disease or remedial care of such child.
	509	+	Evidence of material, educational or cultural disadvantage as
	510	+	compared to other children shall not be sufficient to prove that a
	511	+	child is deprived; the state shall prove that the child is deprived
	512	+	as defined pursuant to this title.
	513	+	Nothing contained in this paragraph shall prevent a court from
	514	+	immediately assuming custody of a child and ordering whatever action
	515	+	may be necessary, including medical treatment, to protect the
	516	+	child's health or welfare;
	517	+	22. "Dispositional hearing" means a hearing by the court as
	518	+	provided by Section 1 -4-706 of this title;
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	545	+	23. "Drug-endangered child" means a child who is at risk of
	546	+	suffering physical, psychological or sexual harm as a result of the
	547	+	use, possession, distribution, manufacture or cultivation of
	548	+	controlled substances, or the attempt of any of these acts, by a
	549	+	person responsible for the health, safety or welfare of the child,
	550	+	as defined in this section. This term includes circumstances
	551	+	wherein the substance abuse of the person responsible for the
	552	+	health, safety or welfare of the child interferes with that person's
	553	+	ability to parent and provide a safe and nurturing environment for
	554	+	the child;
	555	+	24. "Emergency custody" means the custody of a child prior to
	556	+	adjudication of the child following issuance of an order of the
	557	+	district court pursuant to Section 1 -4-201 of this title or
	558	+	following issuance of an order of the district court pursu ant to an
	559	+	emergency custody hearing, as specified by Section 1 -4-203 of this
	560	+	title;
	561	+	25. "Facility" means a place, an institution, a building or
	562	+	part thereof, a set of buildings, or an area whether or not
	563	+	enclosing a building or set of buildings used for t he lawful custody
	564	+	and treatment of children;
	565	+	26. "Failure to protect" means failure to take reasonable
	566	+	action to remedy or prevent child abuse or neglect, and includes the
	567	+	conduct of a non-abusing nonabusing parent or guardian who knows the
	568	+	identity of the abuser or the person neglecting the child, but lies,
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	591	+	22
	592	+	23
	593	+	24
	594	+
	595	+	conceals or fails to report the child abuse or neglect or otherwise
	596	+	take reasonable action to end the abuse or neglect;
	597	+	27. "Family-style living program" means a residential program
	598	+	providing sustained care and supervision to residents in a home-like
	599	+	homelike environment not located in a building used for commercial
	600	+	activity;
	601	+	28. "Foster care" or "foster care services" means continuous
	602	+	twenty-four-hour care and supportive services provided for a child
	603	+	in foster placement including, but not limited to, the care,
	604	+	supervision, guidance, and rearing of a foster child by the foster
	605	+	parent;
	606	+	29. "Foster family home" means the private residence of a
	607	+	foster parent who provides foster care services to a child. Such
	608	+	term shall include a nonkinship foster family home, a therapeutic
	609	+	foster family home, or the home of a relative or other kinship care
	610	+	home;
	611	+	30. "Foster parent eligibility assessment" includes a criminal
	612	+	background investigation including, but not li mited to, a national
	613	+	criminal history records search based upon the submission of
	614	+	fingerprints, home assessments, and any other assessment required by
	615	+	the Department of Human Services, the Office of Juvenile Affairs, or
	616	+	any child-placing agency pursuant to the provisions of the Oklahoma
	617	+	Child Care Facilities Licensing Act;
	618	+
	619	+	ENGR. S. A. TO ENGR. H. B. NO. 2565 Page 13 1
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	643	+
	644	+	31. "Guardian ad litem" means a person appointed by the court
	645	+	pursuant to the provisions of Section 1 -4-306 of this title having
	646	+	those duties and responsibilities as set forth in that se ction. The
	647	+	term "guardian ad litem" shall refer to a court -appointed special
	648	+	advocate as well as to any other person appointed pursuant to the
	649	+	provisions of Section 1 -4-306 of this title to serve as a guardian
	650	+	ad litem;
	651	+	32. "Guardian ad litem of the esta te of the child" means a
	652	+	person appointed by the court to protect the property interests of a
	653	+	child pursuant to Section 1 -8-108 of this title;
	654	+	33. "Group home" means a residential facility licensed by the
	655	+	Department to provide full -time care and community -based services
	656	+	for more than five but fewer than thirteen children;
	657	+	34. "Harm or threatened harm to the health or safety of a
	658	+	child" means any real or threatened physical, mental, or emotional
	659	+	injury or damage to the body or mind that is not accidental
	660	+	including, but not limited to, sexual abuse, sexual exploitation,
	661	+	neglect, or dependency;
	662	+	35. "Heinous and shocking abuse" includes, but is not limited
	663	+	to, aggravated physical abuse that results in serious bodily,
	664	+	mental, or emotional injury. "Serious bod ily injury" means injury
	665	+	that involves:
	666	+	a. a substantial risk of death,
	667	+	b. extreme physical pain,
	668	+
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	688	+	20
	689	+	21
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	692	+	24
	693	+
	694	+	c. protracted disfigurement,
	695	+	d. a loss or impairment of the function of a body member,
	696	+	organ, or mental faculty,
	697	+	e. an injury to an internal or external organ or the
	698	+	body,
	699	+	f. a bone fracture,
	700	+	g. sexual abuse or sexual exploitation,
	701	+	h. chronic abuse including, but not limited to, physical,
	702	+	emotional, or sexual abuse, or sexual exploitation
	703	+	which is repeated or continuing,
	704	+	i. torture that includes, but is not lim ited to,
	705	+	inflicting, participating in or assisting in
	706	+	inflicting intense physical or emotional pain upon a
	707	+	child repeatedly over a period of time for the purpose
	708	+	of coercing or terrorizing a child or for the purpose
	709	+	of satisfying the craven, cruel, or prur ient desires
	710	+	of the perpetrator or another person, or
	711	+	j. any other similar aggravated circumstance;
	712	+	36. "Heinous and shocking neglect" includes, but is not limited
	713	+	to:
	714	+	a. chronic neglect that includes, but is not limited to,
	715	+	a persistent pattern of family functioning in which
	716	+	the caregiver has not met or sustained the basic needs
	717	+	of a child which results in harm to the child,
	718	+
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	720	+	2
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	722	+	4
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	728	+	10
	729	+	11
	730	+	12
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	742	+	24
	743	+
	744	+	b. neglect that has resulted in a diagnosis of the child
	745	+	as a failure to thrive,
	746	+	c. an act or failure to act by a parent that result s in
	747	+	the death or near death of a child or sibling, serious
	748	+	physical or emotional harm, sexual abuse, sexual
	749	+	exploitation, or presents an imminent risk of serious
	750	+	harm to a child, or
	751	+	d. any other similar aggravating circumstance;
	752	+	37. "Individualized servi ce plan" means a document written
	753	+	pursuant to Section 1 -4-704 of this title that has the same meaning
	754	+	as "service plan" or "treatment plan" where those terms are used in
	755	+	the Oklahoma Children's Code;
	756	+	38. "Infant" means a child who is twelve (12) months of age or
	757	+	younger;
	758	+	39. "Institution" means a residential facility offering care
	759	+	and treatment for more than twenty residents;
	760	+	40. a. "Investigation" means a response to an allegation of
	761	+	abuse or neglect that involves a serious and immediate
	762	+	threat to the safety of the child, making it necessary
	763	+	to determine:
	764	+	(1) the current safety of a child and the risk of
	765	+	subsequent abuse or neglect, and
	766	+
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	776	+	10
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	779	+	13
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	782	+	16
	783	+	17
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	790	+	24
	791	+
	792	+	(2) whether child abuse or neglect occurred and
	793	+	whether the family needs prevention - and
	794	+	intervention-related services.
	795	+	b. "Investigation" results in a written response stating
	796	+	one of the following findings:
	797	+	(1) "substantiated" means the Department has
	798	+	determined, after an investigation of a report of
	799	+	child abuse or neglect and based upon some
	800	+	credible evidence, that child abuse or neglect
	801	+	has occurred. When child abuse or neglect is
	802	+	substantiated, the Department may recommend:
	803	+	(a) court intervention if the Department finds
	804	+	the health, safety, or welfare of the child
	805	+	is threatened, or
	806	+	(b) child abuse and neglect prevention - and
	807	+	intervention-related services for the child,
	808	+	parents or persons responsible for the care
	809	+	of the child if court intervention is not
	810	+	determined to be necessary,
	811	+	(2) "unsubstantiated" means the Department has
	812	+	determined, after an investigation of a repor t of
	813	+	child abuse or neglect, that insufficient
	814	+	evidence exists to fully determine whether child
	815	+	abuse or neglect has occurred. If child abuse or
	816	+
	817	+	ENGR. S. A. TO ENGR. H. B. NO. 2565 Page 17 1
	818	+	2
	819	+	3
	820	+	4
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	822	+	6
	823	+	7
	824	+	8
	825	+	9
	826	+	10
	827	+	11
	828	+	12
	829	+	13
	830	+	14
	831	+	15
	832	+	16
	833	+	17
	834	+	18
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	836	+	20
	837	+	21
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	840	+	24
	841	+
	842	+	neglect is unsubstantiated, the Department may
	843	+	recommend, when determined to be necessary, that
	844	+	the parents or persons responsible for the care
	845	+	of the child obtain child abuse and neglect
	846	+	prevention- and intervention-related services, or
	847	+	(3) "ruled out" means a report in which a child
	848	+	protective services specialist has determined,
	849	+	after an investigation of a repor t of child abuse
	850	+	or neglect, that no child abuse or neglect has
	851	+	occurred;
	852	+	41. "Kinship care" means full -time care of a child by a kinship
	853	+	relation;
	854	+	42. "Kinship guardianship" means a permanent guardianship as
	855	+	defined in this section;
	856	+	43. "Kinship relati on" or "kinship relationship" means
	857	+	relatives, stepparents, or other responsible adults who have a bond
	858	+	or tie with a child and/or to whom has been ascribed a family
	859	+	relationship role with the child's parents or the child; provided,
	860	+	however, in cases where the Indian Child Welfare Act applies, the
	861	+	definitions contained in 25 U.S.C., Section 1903 shall control;
	862	+	44. "Mental health facility" means a mental health or substance
	863	+	abuse treatment facility as defined by the Inpatient Mental Health
	864	+	and Substance Abuse Treatment of Minors Act;
	865	+
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	883	+	18
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	888	+	23
	889	+	24
	890	+
	891	+	45. "Minor" means the same as the term "child" as defined in
	892	+	this section;
	893	+	46. "Minor in need of treatment" means a child in need of
	894	+	mental health or substance abuse treatment as defined by the
	895	+	Inpatient Mental Health and Subs tance Abuse Treatment of Minors Act;
	896	+	47. "Multidisciplinary child abuse team" means any team
	897	+	established pursuant to Section 1 -9-102 of this title of three or
	898	+	more persons who are trained in the prevention, identification,
	899	+	investigation, prosecution, and treatment of physical and sexual
	900	+	child abuse and who are qualified to facilitate a broad range of
	901	+	prevention- and intervention-related services and services related
	902	+	to child abuse. For purposes of this definition, "freestanding"
	903	+	means a team not used by a child advocacy center for its
	904	+	accreditation;
	905	+	48. "Near death" means a child is in serious or critical
	906	+	condition, as certified by a physician, as a result of abuse or
	907	+	neglect;
	908	+	49. a. "Neglect" means: a.
	909	+	(1) the failure or omission to provide any of the
	910	+	following:
	911	+	(1)
	912	+	(a) adequate nurturance and affection, food,
	913	+	clothing, shelter, sanitation, hygiene, or
	914	+	appropriate education,
	915	+
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	940	+
	941	+	(2)
	942	+	(b) medical, dental, or behavioral health care,
	943	+	(3)
	944	+	(c) supervision or appropriate caretakers to
	945	+	protect the child from harm or threatened
	946	+	harm of which any reasonable and prudent
	947	+	person responsible for the child's health,
	948	+	safety or welfare would be aware , or
	949	+	(4)
	950	+	(d) special care made necessary for the child's
	951	+	health and safety by the physical or mental
	952	+	condition of the child,
	953	+	b.
	954	+	(2) the failure or omission to protect a child from
	955	+	exposure to any of the following:
	956	+	(1)
	957	+	(a) the use, possession, sale, or manufacture of
	958	+	illegal drugs,
	959	+	(2)
	960	+	(b) illegal activities, or
	961	+	(3)
	962	+	(c) sexual acts or materials that are not age -
	963	+	appropriate, or
	964	+	c.
	965	+
	966	+	ENGR. S. A. TO ENGR. H. B. NO. 2565 Page 20 1
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	989	+	24
	990	+
	991	+	(3) abandonment.
	992	+	b. "Neglect" shall not mean a child who engages in
	993	+	independent activities, except if the person
	994	+	responsible for the child's health, safety or welfare
	995	+	willfully disregards any harm or threatened harm to
	996	+	the child, given the child's le vel of maturity,
	997	+	physical condition or mental abilities. Such
	998	+	independent activities include but are not limited to:
	999	+	(1) traveling to and from school including by
	1000	+	walking, running or bicycling,
	1001	+	(2) traveling to and from nearby commercial or
	1002	+	recreational facilities,
	1003	+	(3) engaging in outdoor play,
	1004	+	(4) remaining at home unattended for a reasonable
	1005	+	amount of time,
	1006	+	(5) remaining in a vehicle if the temperature inside
	1007	+	the vehicle is not or will not become dangerously
	1008	+	hot or cold, except under the conditions
	1009	+	described in Section 11-1119 of Title 47 of the
	1010	+	Oklahoma Statutes, or
	1011	+	(6) engaging in similar activities alone or with
	1012	+	other children.
	1013	+	Nothing in this paragraph shall be construed to mean a child is
	1014	+	abused or neglected for the sole reason the parent, legal guar dian
	1015	+
	1016	+	ENGR. S. A. TO ENGR. H. B. NO. 2565 Page 21 1
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	1025	+	10
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	1040	+
	1041	+	or person having custody or control of a child, in good faith,
	1042	+	selects and depends upon spiritual means alone through prayer, in
	1043	+	accordance with the tenets and practice of a recognized church or
	1044	+	religious denomination, for the treatment or cure of dis ease or
	1045	+	remedial care of such child. Nothing contained in this paragraph
	1046	+	shall prevent a court from immediately assuming custody of a child,
	1047	+	pursuant to the Oklahoma Children's Code, and ordering whatever
	1048	+	action may be necessary, including medical treatme nt, to protect the
	1049	+	child's health or welfare;
	1050	+	50. "Permanency hearing" means a hearing by the court pursuant
	1051	+	to Section 1-4-811 of this title;
	1052	+	51. "Permanent custody" means the court -ordered custody of an
	1053	+	adjudicated deprived child when a parent -child relationship no
	1054	+	longer exists due to termination of parental rights or due to the
	1055	+	death of a parent or parents;
	1056	+	52. "Permanent guardianship" means a judicially created
	1057	+	relationship between a child, a kinship relation of the child, or
	1058	+	other adult established pursuant to the provisions of Section 1 -4-
	1059	+	709 of this title;
	1060	+	53. "Person responsible for a child's health, safety, or
	1061	+	welfare" includes a parent; a legal guardian; custodian; a foster
	1062	+	parent; a person eighteen (18) years of age or older with whom the
	1063	+	child's parent cohabitates or any other adult residing in the home
	1064	+	of the child; an agent or employee of a public or private
	1065	+
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	1074	+	9
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	1089	+	24
	1090	+
	1091	+	residential home, institution, facility or day treatment program as
	1092	+	defined in Section 175.20 of Title 10 of the Oklahoma Statutes; or
	1093	+	an owner, operator, or employee of a child care facility as defined
	1094	+	by Section 402 of Title 10 of the Oklahoma Statutes;
	1095	+	54. "Plan of safe care" means a plan developed for an infant
	1096	+	with Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum
	1097	+	Disorder upon release from the care of a health care provider that
	1098	+	addresses the health and substance use treatment needs of the infant
	1099	+	and mother or caregiver;
	1100	+	55. "Protective custody" means custody of a child taken by a
	1101	+	law enforcement officer or designated emplo yee of the court without
	1102	+	a court order;
	1103	+	56. "Putative father" means an alleged father as that term is
	1104	+	defined in Section 7700 -102 of Title 10 of the Oklahoma Statutes;
	1105	+	57. "Qualified residential treatment program" means a program
	1106	+	that:
	1107	+	a. has a trauma-informed treatment model that is designed
	1108	+	to address the needs including clinical needs as
	1109	+	appropriate, of children with serious emotional or
	1110	+	behavioral disorders or disturbances and, with respect
	1111	+	to a child, is able to implement the treatment
	1112	+	identified for the child from a required assessment,
	1113	+	b. has registered or licensed nursing staff and other
	1114	+	licensed clinical staff who:
	1115	+
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	1124	+	9
	1125	+	10
	1126	+	11
	1127	+	12
	1128	+	13
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	1130	+	15
	1131	+	16
	1132	+	17
	1133	+	18
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	1139	+	24
	1140	+
	1141	+	(1) provide care within the scope of their practice
	1142	+	as defined by the laws of this state,
	1143	+	(2) are on-site according to the treatment m odel
	1144	+	referred to in subparagraph a of this paragraph,
	1145	+	and
	1146	+	(3) are available twenty -four (24) hours a day and
	1147	+	seven (7) days a week,
	1148	+	c. to the extent appropriate, and in accordance with the
	1149	+	child's best interest, facilitates participation of
	1150	+	family members in the child's treatment program,
	1151	+	d. facilitates outreach to the family members of the
	1152	+	child including siblings, documents how the outreach
	1153	+	is made including contact information, and maintains
	1154	+	contact information for any known biological family of
	1155	+	the child,
	1156	+	e. documents how family members are integrated into the
	1157	+	treatment process for the child including post -
	1158	+	discharge, and how sibling connections are maintained,
	1159	+	f. provides discharge planning and family -based aftercare
	1160	+	support for at least 6 six (6) months post-discharge,
	1161	+	and
	1162	+	g. is licensed and accredited by any of the following
	1163	+	independent, not-for-profit organizations:
	1164	+
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	1166	+	2
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	1168	+	4
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	1170	+	6
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	1172	+	8
	1173	+	9
	1174	+	10
	1175	+	11
	1176	+	12
	1177	+	13
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	1189	+
	1190	+	(1) The Commission on Accreditation of Rehabilitation
	1191	+	Facilities (CARF),
	1192	+	(2) The Joint Commission on Accreditation of
	1193	+	Healthcare Organizat ions (JCAHO),
	1194	+	(3) The Council on Accreditation (COA), or
	1195	+	(4) any other federally approved independent, not -
	1196	+	for-profit accrediting organization;
	1197	+	58. "Reasonable and prudent parent standard" means the standard
	1198	+	characterized by careful and sensible parental decisions that
	1199	+	maintain the health, safety, and best interests of a child while at
	1200	+	the same time encouraging the emotional and developmental growth of
	1201	+	the child. This standard shall be used by the child's caregiver
	1202	+	when determining whether to allow a chil d to participate in
	1203	+	extracurricular, enrichment, cultural, and social activities. For
	1204	+	purposes of this definition, the term "caregiver" means a foster
	1205	+	parent with whom a child in foster care has been placed, a
	1206	+	representative of a group home where a child has been placed or a
	1207	+	designated official for a residential child care facility where a
	1208	+	child in foster care has been placed;
	1209	+	59. "Relative" means a grandparent, great -grandparent, brother
	1210	+	or sister of whole or half blood, aunt, uncle or any other person
	1211	+	related to the child;
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	1238	+	60. "Residential child care facility" means a twenty -four-hour
	1239	+	residential facility where children live together with or are
	1240	+	supervised by adults who are not their parents or relatives;
	1241	+	61. "Review hearing" means a hearing by the cou rt pursuant to
	1242	+	Section 1-4-807 of this title;
	1243	+	62. "Risk" means the likelihood that an incident of child abuse
	1244	+	or neglect will occur in the future;
	1245	+	63. "Safety threat" means the threat of serious harm due to
	1246	+	child abuse or neglect occurring in the present or in the very near
	1247	+	future and without the intervention of another person, a child would
	1248	+	likely or in all probability sustain severe or permanent disability
	1249	+	or injury, illness, or death;
	1250	+	64. "Safety analysis" means action taken by the Department in
	1251	+	response to a report of alleged child abuse or neglect that may
	1252	+	include an assessment or investigation based upon an analysis of the
	1253	+	information received according to priority guidelines and other
	1254	+	criteria adopted by the Department;
	1255	+	65. "Safety evaluation" mea ns evaluation of a child's situation
	1256	+	by the Department using a structured, evidence -based tool to
	1257	+	determine if the child is subject to a safety threat;
	1258	+	66. "Secure facility" means a facility which is designed and
	1259	+	operated to ensure that all entrances and exits from the facility
	1260	+	are subject to the exclusive control of the staff of the facility,
	1261	+	whether or not the juvenile being detained has freedom of movement
	1262	+
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	1288	+	within the perimeter of the facility, or a facility which relies on
	1289	+	locked rooms and buildings, fe nces, or physical restraint in order
	1290	+	to control behavior of its residents;
	1291	+	67. "Sibling" means a biologically or legally related brother
	1292	+	or sister of a child. This includes an individual who satisfies at
	1293	+	least one of the following conditions with respect to a child:
	1294	+	a. the individual is considered by state law to be a
	1295	+	sibling of the child, or
	1296	+	b. the individual would have been considered a sibling
	1297	+	under state law but for a termination or other
	1298	+	disruption of parental rights, such as the death of a
	1299	+	parent;
	1300	+	68. "Specialized foster care" means foster care provided to a
	1301	+	child in a foster home or agency -contracted home which:
	1302	+	a. has been certified by the Developmental Disabilities
	1303	+	Services Division of the Department of Human Services,
	1304	+	b. is monitored by the Divi sion, and
	1305	+	c. is funded through the Home - and Community-Based Waiver
	1306	+	Services Program administered by the Division;
	1307	+	69. "Successful adulthood program" means a program specifically
	1308	+	designed to assist a child to enhance those skills and abilities
	1309	+	necessary for successful adult living. A successful adulthood
	1310	+	program may include, but shall not be limited to, such features as
	1311	+	minimal direct staff supervision, and the provision of supportive
	1312	+
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	1338	+	services to assist children with activities necessary for finding an
	1339	+	appropriate place of residence, completing an education or
	1340	+	vocational training, obtaining employment, or obtaining other
	1341	+	similar services;
	1342	+	70. "Temporary custody" means court -ordered custody of an
	1343	+	adjudicated deprived child;
	1344	+	71. "Therapeutic foster family home" means a foster family home
	1345	+	which provides specific treatment services, pursuant to a
	1346	+	therapeutic foster care contract, which are designed to remedy
	1347	+	social and behavioral problems of a foster child residing in the
	1348	+	home;
	1349	+	72. "Trafficking in persons" m eans sex trafficking or severe
	1350	+	forms of trafficking in persons as described in Section 7102 of
	1351	+	Title 22 of the United States Code:
	1352	+	a. "sex trafficking" means the recruitment, harboring,
	1353	+	transportation, provision, obtaining, patronizing or
	1354	+	soliciting of a person for the purpose of a commercial
	1355	+	sex act, and
	1356	+	b. "severe forms of trafficking in persons" means:
	1357	+	(1) sex trafficking in which a commercial sex act is
	1358	+	induced by force, fraud, or coercion, or in which
	1359	+	the person induced to perform such act has not
	1360	+	attained eighteen (18) years of age, or
	1361	+
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	1387	+	(2) the recruitment, harboring, transportation,
	1388	+	provision, obtaining, patronizing or soliciting
	1389	+	of a person for labor or services, through the
	1390	+	use of force, fraud, or coercion for the purpose
	1391	+	of subjection to involuntary servitude, peonage,
	1392	+	debt bondage, or slavery;
	1393	+	73. "Transitional living program" means a residential program
	1394	+	that may be attached to an existing facility or operated solely for
	1395	+	the purpose of assisting children to develop the skills and
	1396	+	abilities necessary for successful adult living. The program may
	1397	+	include, but shall not be limited to, reduced staff supervision,
	1398	+	vocational training, educational services, employment and employment
	1399	+	training, and other appropriate independent living skills training
	1400	+	as a part of the transitional living program; and
	1401	+	74. "Voluntary foster care placement" means the temporary
	1402	+	placement of a child by the parent, legal guardian or custodian of
	1403	+	the child in foster care pursuant to a signed placement agreement
	1404	+	between the Departmen t or a child-placing agency and the child's
	1405	+	parent, legal guardian or custodian.
	1406	+	SECTION 2. This act shall become effective November 1, 2021. ”
	1407	+
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	1433	+
	1434	+	Passed the Senate the 21st day of April, 2021.
	1435	+
	1436	+
	1437	+
	1438	+	Presiding Officer of the Senate
	1439	+
	1440	+
	1441	+	Passed the House of Representatives the ____ day of __________,
	1442	+	2021.
	1443	+
	1444	+
	1445	+
	1446	+	Presiding Officer of the House
	1447	+	of Representatives
	1448	+
	1449	+	ENGR. H. B. NO. 2565 Page 1 1
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	1474	+	ENGROSSED HOUSE
	1475	+	BILL NO. 2565 By: Caldwell (Chad), Rosecrants
	1476	+	and Russ of the House
	1477	+
	1478	+	and
	1479	+
	1480	+	Daniels of the Senate
	1481	+
	1482	+
	1483	+
	1484	+
	1485	+
	1486	+	An Act relating to children; amending 10A O.S. 2011,
	1487	+	Section 1-1-105, as last amended by Section 1,
	1488	+	Chapter 161, O.S.L. 2020 (10A O.S. Supp. 2020,
	1489	+	Section 1-1-105), which relates to the Oklahoma
	1490	+	Children's Code; updating term; modifying definition
	1491	+	for deprived child; alt ering definition for failure
	1492	+	to protect; modifying definition for neglect;
	1493	+	excluding specified independent activities; and
	1494	+	providing an effective date.
	1495	+
	1496	+
	1497	+
	1498	+
	1499	+
	1500	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	1501	+	SECTION 3. AMENDATORY 10A O.S. 2011, Section 1 -1-105, as
	1502	+	last amended by Section 1, Chapter 161, O.S.L. 2020 (10A O.S. Supp.
	1503	+	2020, Section 1-1-105), is amended to read as follows:
	1504	+	Section 1-1-105. When used in the Oklahoma Children's Code,
	1505	+	unless the context otherwise requi res:
	1506	+	1. "Abandonment" means:
	1507	+	a. the willful intent by words, actions, or omissions not
	1508	+	to return for a child, or
	1509	+	b. the failure to maintain a significant parental
	1510	+	relationship with a child through visitation or
	1511	+
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	1537	+	communication in which incidental or token v isits or
	1538	+	communication are not considered significant, or
	1539	+	c. the failure to respond to notice of deprived
	1540	+	proceedings;
	1541	+	2. "Abuse" means harm or threatened harm to the health, safety,
	1542	+	or welfare of a child by a person responsible for the child's
	1543	+	health, safety, or welfare, including but not limited to
	1544	+	nonaccidental physical or mental injury, sexual abuse, or sexual
	1545	+	exploitation. Provided, however, that nothing contained in the
	1546	+	Oklahoma Children's Code shall prohibit any parent from using
	1547	+	ordinary force as a means of discipline including, but not limited
	1548	+	to, spanking, switching, or paddling.
	1549	+	a. "Harm or threatened harm to the health or safety of a
	1550	+	child" means any real or threatened physical, mental,
	1551	+	or emotional injury or damage to the body or mind that
	1552	+	is not accidental including but not limited to sexual
	1553	+	abuse, sexual exploitation, neglect, or dependency.
	1554	+	b. "Sexual abuse" includes but is not limited to rape,
	1555	+	incest, and lewd or indecent acts or proposals made to
	1556	+	a child, as defined by law, by a person res ponsible
	1557	+	for the health, safety, or welfare of the child.
	1558	+	c. "Sexual exploitation" includes but is not limited to
	1559	+	allowing, permitting, encouraging, or forcing a child
	1560	+	to engage in prostitution, as defined by law, by any
	1561	+
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	1587	+	person eighteen (18) years of age o r older or by a
	1588	+	person responsible for the health, safety, or welfare
	1589	+	of a child, or allowing, permitting, encouraging, or
	1590	+	engaging in the lewd, obscene, or pornographic, as
	1591	+	defined by law, photographing, filming, or depicting
	1592	+	of a child in those acts by a person responsible for
	1593	+	the health, safety, and welfare of the child;
	1594	+	3. "Adjudication" means a finding by the court that the
	1595	+	allegations in a petition alleging that a child is deprived are
	1596	+	supported by a preponderance of the evidence;
	1597	+	4. "Adjudicatory hearing" means a hearing by the court as
	1598	+	provided by Section 1 -4-601 of this title;
	1599	+	5. "Age-appropriate or developmentally appropriate" means:
	1600	+	a. activities or items that are generally accepted as
	1601	+	suitable for children of the same age or level of
	1602	+	maturity or that are determined to be developmentally
	1603	+	appropriate for a child, based on the development of
	1604	+	cognitive, emotional, physical, and behavioral
	1605	+	capacities that are typical for an age or age group,
	1606	+	and
	1607	+	b. in the case of a specific child, activities or item s
	1608	+	that are suitable for that child based on the
	1609	+	developmental stages attained by the child with
	1610	+
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	1636	+	respect to the cognitive, emotional, physical, and
	1637	+	behavioral capacities of the specific child.
	1638	+	In the event that any age -related activities have implications
	1639	+	relative to the academic curriculum of a child, nothing in this
	1640	+	paragraph shall be construed to authorize an officer or employee of
	1641	+	the federal government to mandate, direct, or control a state or
	1642	+	local educational agency, or the specific instructional cont ent,
	1643	+	academic achievement standards and assessments, curriculum, or
	1644	+	program of instruction of a school;
	1645	+	6. "Assessment" means a comprehensive review of child safety
	1646	+	and evaluation of family functioning and protective capacities that
	1647	+	is conducted in respon se to a child abuse or neglect referral that
	1648	+	does not allege a serious and immediate safety threat to a child;
	1649	+	7. "Behavioral health" means mental health, substance abuse, or
	1650	+	co-occurring mental health and substance abuse diagnoses, and the
	1651	+	continuum of mental health, substance abuse, or co -occurring mental
	1652	+	health and substance abuse treatment;
	1653	+	8. "Child" means any unmarried person under eighteen (18) years
	1654	+	of age;
	1655	+	9. "Child advocacy center" means a center and the
	1656	+	multidisciplinary child abuse team of wh ich it is a member that is
	1657	+	accredited by the National Children's Alliance or that is completing
	1658	+	a sixth year of reaccreditation. Child advocacy centers shall be
	1659	+
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	1684	+
	1685	+	classified, based on the child population of a district attorney's
	1686	+	district, as follows:
	1687	+	a. nonurban centers in districts with child populations
	1688	+	that are less than sixty thousand (60,000), and
	1689	+	b. midlevel nonurban centers in districts with child
	1690	+	populations equal to or greater than sixty thousand
	1691	+	(60,000), but not including Oklahoma and Tulsa
	1692	+	Counties;
	1693	+	10. "Child with a disability" means any child who has a
	1694	+	physical or mental impairment which substantially limits one or more
	1695	+	of the major life activities of the child, or who is regarded as
	1696	+	having such an impairment by a competent medical professiona l;
	1697	+	11. "Child-placing agency" means an agency that arranges for or
	1698	+	places a child in a foster family home, family -style residential
	1699	+	living program, group home, adoptive home, or a successful adulthood
	1700	+	program;
	1701	+	12. "Children's emergency resource center" m eans a community-
	1702	+	based program that may provide emergency care and a safe and
	1703	+	structured homelike environment or a host home for children
	1704	+	providing food, clothing, shelter and hygiene products to each child
	1705	+	served; after-school tutoring; counseling service s; life-skills
	1706	+	training; transition services; assessments; family reunification;
	1707	+	respite care; transportation to or from school, doctors'
	1708	+	appointments, visitations and other social, school, court or other
	1709	+
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	1735	+	activities when necessary; and a stable environment for children in
	1736	+	crisis who are in custody of the Department of Human Services if
	1737	+	permitted under the Department's policies and regulations, or who
	1738	+	have been voluntarily placed by a parent or custodian during a
	1739	+	temporary crisis;
	1740	+	13. "Community-based services" or "community-based programs"
	1741	+	means services or programs which maintain community participation or
	1742	+	supervision in their planning, operation, and evaluation.
	1743	+	Community-based services and programs may include, but are not
	1744	+	limited to, emergency shelter, crisis intervention, group work, case
	1745	+	supervision, job placement, recruitment and training of volunteers,
	1746	+	consultation, medical, educational, home -based services, vocational,
	1747	+	social, preventive and psychological guidance, training, counseling,
	1748	+	early intervention and diversionary substance abuse treatment,
	1749	+	sexual abuse treatment, transitional living, independent living, and
	1750	+	other related services and programs;
	1751	+	14. "Concurrent permanency planning" means, when indicated, the
	1752	+	implementation of two plans for a child entering foster care. One
	1753	+	plan focuses on reuniting the parent and child; the other seeks to
	1754	+	find a permanent out -of-home placement for the child with both plans
	1755	+	being pursued simultaneously;
	1756	+	15. "Court-appointed special advocate" or "CASA" means a
	1757	+	responsible adult volunteer who has been trained and is supervised
	1758	+	by a court-appointed special advocate program recognized by the
	1759	+
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	1785	+	court, and when appointed by the court, serves as an officer of the
	1786	+	court in the capacity as a guardian ad litem;
	1787	+	16. "Court-appointed special advocate program" means an
	1788	+	organized program, administered by either an independent, not -for-
	1789	+	profit corporation, a dependent project of an independent, not -for-
	1790	+	profit corporation or a unit of local government, which recruits,
	1791	+	screens, trains, assigns, supervises and supports volunteers to be
	1792	+	available for appointment by the court as guardians ad litem;
	1793	+	17. "Custodian" means an individual other than a parent, legal
	1794	+	guardian or Indian custodian, to whom legal custody of the child has
	1795	+	been awarded by the court. As used in this title, the term
	1796	+	"custodian" shall not mean the Department of Human Services;
	1797	+	18. "Day treatment" means a nonresidential program which
	1798	+	provides intensive services to a child who resides in the child's
	1799	+	own home, the home of a relative, group home, a foster home or
	1800	+	residential child care facility. Day treatment programs include,
	1801	+	but are not limited to, educational services;
	1802	+	19. "Department" means the Department of Human Services;
	1803	+	20. "Dependency" means a child who i s homeless or without
	1804	+	proper care or guardianship through no fault of his or her parent,
	1805	+	legal guardian, or custodian;
	1806	+	21. "Deprived child" means a child:
	1807	+	a. who is for any reason destitute, homeless, or
	1808	+	abandoned,
	1809	+
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	1835	+	b. who does not have the proper parental care or
	1836	+	guardianship,
	1837	+	c. who has been abused, neglected, or is dependent,
	1838	+	d. whose home is an unfit place for the child by reason
	1839	+	of depravity on the part of the parent or legal
	1840	+	guardian of the child, or other person responsible for
	1841	+	the health or welfare of the child,
227	1842		e. who is a child in need of special care and treatment
228	1843		because of the child's physical or mental condition,
229	1844		and the child's parents, legal guardian, or other
230	1845		custodian is unable or willfully fails to provide such
231	1846		special care and treatment. As used in this
232	1847		paragraph, a child in need of special care and
233	1848		treatment includes, but is not limited to, a child who
234	1849		at birth tests positive for alcohol or a controlled
235	1850		dangerous substance and who, pursuant to a drug or
236	1851		alcohol screen of the child and an assessment of the
237	1852		parent, is determined to be at risk of harm or
238	1853		threatened harm to the health or safety of a child,
239		-
240	1854		f. who is a child with a disability deprived of the
241	1855		nutrition necessary to sustain life or of the medical
242	1856		treatment necessary to remedy or relieve a life-
243	1857		threatening medical condition in order to cause or
244	1858		allow the death of the child if such nutrition or
	1859	+
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245	1885		medical treatment is generally provided to similarly
246	1886		situated children without a disability or children
247	1887		with disabilities; provided that no medical treatment
248	1888		shall be necessary if, in the reasonable medical
249	1889		judgment of the attending physician, such treatment
250	1890		would be futile in saving the life of the child,
251		-
252	1891		g. who, due to improper parental care and guardianship,
253	1892		is absent from school as specif ied in Section 10-106
254	1893		of Title 70 of the Oklahoma Statutes, if the child is
255	1894		subject to compulsory school attendance,
256		-
257	1895		h. whose parent, legal guardian or custodian for good
258	1896		cause desires to be relieved of custody,
259		-
260	1897		i. who has been born to a parent whose paren tal rights to
261	1898		another child have been involuntarily terminated by
262	1899		the court and the conditions which led to the making
263	1900		of the finding, which resulted in the termination of
264	1901		the parental rights of the parent to the other child,
265	1902		have not been corrected, or
266		-
267	1903		j. whose parent, legal guardian, or custodian has
268	1904		subjected another child to abuse or neglect or has
269	1905		allowed another child to be subjected to abuse or
270	1906		neglect and is currently a respondent in a deprived
271		-	proceeding. ENR. H. B. NO. 2565 Page 7
	1907	+	proceeding.
	1908	+
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272	1933
273	1934		Nothing in the Oklahoma Children's Code sha ll be construed to
274	1935		mean a child is deprived for the sole reason the parent, legal
275	1936		guardian, or person having custody or control of a child, in good
276	1937		faith, selects and depends upon spiritual means alone through
277	1938		prayer, in accordance with the tenets and prac tice of a recognized
278	1939		church or religious denomination, for the treatment or cure of
279	1940		disease or remedial care of such child.
280		-
281		-	Evidence of material, educational or cultural disadvantage as
282		-	compared to other children shall not be sufficient to prove that a
283		-	child is deprived; the state shall prove that the child is deprived
284		-	as defined pursuant to this title.
285		-
286	1941		Nothing contained in this paragraph shall prevent a court from
287	1942		immediately assuming custody of a child and ordering whatever action
288	1943		may be necessary, including medical treatment, to protect the
289	1944		child's health or welfare;
290		-
291	1945		22. "Dispositional hearing" means a hearing by the court as
292	1946		provided by Section 1 -4-706 of this title;
293		-
294	1947		23. "Drug-endangered child" means a child who is at risk of
295	1948		suffering physical, psychological or sexual harm as a result of the
296	1949		use, possession, distribution, manufacture or cultivation of
297	1950		controlled substances, or the attempt of any of these acts, by a
298	1951		person responsible for the health, safety or welfare of the chil d,
299	1952		as defined in this section. This term includes circumstances
300	1953		wherein the substance abuse of the person responsible for the
301	1954		health, safety or welfare of the child interferes with that person's
302	1955		ability to parent and provide a safe and nurturing environme nt for
303	1956		the child;
304	1957
	1958	+	ENGR. H. B. NO. 2565 Page 11 1
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	1982	+
305	1983		24. "Emergency custody" means the custody of a child prior to
306	1984		adjudication of the child following issuance of an order of the
307	1985		district court pursuant to Section 1 -4-201 of this title or
308	1986		following issuance of an order of the district cour t pursuant to an
309	1987		emergency custody hearing, as specified by Section 1 -4-203 of this
310	1988		title;
311		-
312	1989		25. "Facility" means a place, an institution, a building or
313	1990		part thereof, a set of buildings, or an area whether or not
314	1991		enclosing a building or set of buildings use d for the lawful custody
315	1992		and treatment of children;
316		-	ENR. H. B. NO. 2565 Page 8
317	1993		26. "Failure to protect" means failure to take reasonable
318		-	action to remedy or prevent child abuse or ~~neglect,~~ and ~~includes the~~
319		-	conduct of a ~~non-abusing~~ nonabusing parent or guardian ~~who knows the~~
320		-	identity of the abuser or the person neglecting the ~~child, but lies,~~
321		-	conceals or fails to report the child abuse or ~~neglect or otherwise~~
322		-	take reasonable action to ~~end the abuse or neglect;~~
323		-
	1994	+	action to remedy or prevent child abuse or heinous and shocking
	1995	+	neglect, and includes the conduct of a nonabusing parent or guardian
	1996	+	who knows the identity of the abuser or the person neglecting the
	1997	+	child, but lies, conceals or fails to report the child abuse or
	1998	+	heinous and shocking neglect or otherwise take reasonable action to
	1999	+	end the abuse or heinous and shocking neglect;
324	2000		27. "Family-style living program" means a residential program
325		-	providing sustained care and supervision to residents in a home-like
326		-	homelike environment not located in a building used for commercial
327		-	activity;
328		-
	2001	+	providing sustained care and supervision to residents in a homelike
	2002	+	environment not located in a building used for commercial activity;
329	2003		28. "Foster care" or "foster care services" means continuous
330	2004		twenty-four-hour care and supportive services provided for a child
331	2005		in foster placement including, but not limited to, the care,
	2006	+
	2007	+	ENGR. H. B. NO. 2565 Page 12 1
	2008	+	2
	2009	+	3
	2010	+	4
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	2031	+
332	2032		supervision, guidance, and rearing of a foster child by the foster
333	2033		parent;
334		-
335	2034		29. "Foster family home" means the private residence of a
336	2035		foster parent who provides foster care services to a child. Such
337	2036		term shall include a nonkinship foster family home, a therapeutic
338	2037		foster family home, or the home of a relative or other kinship care
339	2038		home;
340		-
341	2039		30. "Foster parent eligibility assessment" includes a crimina l
342	2040		background investigation including, but not limited to, a national
343	2041		criminal history records search based upon the submission of
344	2042		fingerprints, home assessments, and any other assessment required by
345	2043		the Department of Human Services, the Office of Juvenile Affairs, or
346	2044		any child-placing agency pursuant to the provisions of the Oklahoma
347	2045		Child Care Facilities Licensing Act;
348		-
349	2046		31. "Guardian ad litem" means a person appointed by the court
350	2047		pursuant to the provisions of Section 1 -4-306 of this title having
351	2048		those duties and responsibilities as set forth in that section. The
352	2049		term "guardian ad litem" shall refer to a court -appointed special
353	2050		advocate as well as to any other person appointed pursuant to the
354	2051		provisions of Section 1 -4-306 of this title to serve as a guardi an
355	2052		ad litem;
356		-
357	2053		32. "Guardian ad litem of the estate of the child" means a
358	2054		person appointed by the court to protect the property interests of a
359	2055		child pursuant to Section 1 -8-108 of this title;
360		-	ENR. H. B. NO. 2565 Page 9
	2056	+
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361	2082		33. "Group home" means a residential facility licensed by the
362	2083		Department to provide full -time care and community -based services
363	2084		for more than five but fewer than thirteen children;
364		-
365	2085		34. "Harm or threatened harm to the health or safety of a
366	2086		child" means any real or threatened physical, mental, or emotional
367	2087		injury or damage to the body or mind that is not accidental
368	2088		including, but not limited to, sexual abuse, sexual exploitation,
369	2089		neglect, or dependency;
370		-
371	2090		35. "Heinous and shocking abuse" includes, but is not limited
372	2091		to, aggravated physical abuse that results in serious bo dily,
373	2092		mental, or emotional injury. "Serious bodily injury" means injury
374	2093		that involves:
375		-
376	2094		a. a substantial risk of death,
377		-
378	2095		b. extreme physical pain,
379		-
380	2096		c. protracted disfigurement,
381		-
382	2097		d. a loss or impairment of the function of a body member,
383	2098		organ, or mental facult y,
384		-
385	2099		e. an injury to an internal or external organ or the
386	2100		body,
387		-
388	2101		f. a bone fracture,
389		-
390	2102		g. sexual abuse or sexual exploitation,
391		-
392	2103		h. chronic abuse including, but not limited to, physical,
393	2104		emotional, or sexual abuse, or sexual exploitation
394	2105		which is repeated or cont inuing,
	2106	+
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395	2131
396	2132		i. torture that includes, but is not limited to,
397	2133		inflicting, participating in or assisting in
398	2134		inflicting intense physical or emotional pain upon a
399	2135		child repeatedly over a period of time for the purpose
400	2136		of coercing or terrorizing a child or for the purpose
401	2137		of satisfying the craven, cruel, or prurient desires
402	2138		of the perpetrator or another person, or
403		-
404	2139		j. any other similar aggravated circumstance;
405		-	ENR. H. B. NO. 2565 Page 10
406	2140		36. "Heinous and shocking neglect" includes, but is not limited
407	2141		to:
408		-
409	2142		a. chronic neglect that includes, but i s not limited to,
410	2143		a persistent pattern of family functioning in which
411	2144		the caregiver has not met or sustained the basic needs
412	2145		of a child which results in harm to the child,
413		-
414	2146		b. neglect that has resulted in a diagnosis of the child
415	2147		as a failure to thrive,
416		-
417	2148		c. an act or failure to act by a parent that results in
418	2149		the death or near death of a child or sibling, serious
419	2150		physical or emotional harm, sexual abuse, sexual
420	2151		exploitation, or presents an imminent risk of serious
421	2152		harm to a child, or
422		-
423	2153		d. any other similar aggr avating circumstance;
424		-
425	2154		37. "Individualized service plan" means a document written
426	2155		pursuant to Section 1 -4-704 of this title that has the same meaning
	2156	+
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427	2182		as "service plan" or "treatment plan" where those terms are used in
428	2183		the Oklahoma Children's Code;
429		-
430	2184		38. "Infant" means a child who is twelve (12) months of age or
431	2185		younger;
432		-
433	2186		39. "Institution" means a residential facility offering care
434	2187		and treatment for more than twenty residents;
435		-
436	2188		40. a. "Investigation" means a response to an allegation of
437	2189		abuse or neglect that i nvolves a serious and immediate
438	2190		threat to the safety of the child, making it necessary
439	2191		to determine:
440		-
441	2192		(1) the current safety of a child and the risk of
442	2193		subsequent abuse or neglect, and
443		-
444	2194		(2) whether child abuse or neglect occurred and
445	2195		whether the family needs prevention- and
446	2196		intervention-related services.
447		-
448	2197		b. "Investigation" results in a written response stating
449	2198		one of the following findings:
450		-	ENR. H. B. NO. 2565 Page 11
451	2199		(1) "substantiated" means the Department has
452	2200		determined, after an investigation of a report of
453	2201		child abuse or neglect an d based upon some
454	2202		credible evidence, that child abuse or neglect
455	2203		has occurred. When child abuse or neglect is
456	2204		substantiated, the Department may recommend:
457	2205
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458	2231		(a) court intervention if the Department finds
459	2232		the health, safety, or welfare of the child
460	2233		is threatened, or
461		-
462	2234		(b) child abuse and neglect prevention - and
463	2235		intervention-related services for the child,
464	2236		parents or persons responsible for the care
465	2237		of the child if court intervention is not
466	2238		determined to be necessary,
467		-
468	2239		(2) "unsubstantiated" means the Department h as
469	2240		determined, after an investigation of a report of
470	2241		child abuse or neglect, that insufficient
471	2242		evidence exists to fully determine whether child
472	2243		abuse or neglect has occurred. If child abuse or
473	2244		neglect is unsubstantiated, the Department may
474	2245		recommend, when determined to be necessary, that
475	2246		the parents or persons responsible for the care
476	2247		of the child obtain child abuse and neglect
477	2248		prevention- and intervention-related services, or
478		-
479	2249		(3) "ruled out" means a report in which a child
480	2250		protective services specialist h as determined,
481	2251		after an investigation of a report of child abuse
482	2252		or neglect, that no child abuse or neglect has
483	2253		occurred;
484	2254
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	2279	+
485	2280		41. "Kinship care" means full -time care of a child by a kinship
486	2281		relation;
487		-
488	2282		42. "Kinship guardianship" means a permanent guardianship as
489	2283		defined in this section;
490		-
491	2284		43. "Kinship relation" or "kinship relationship" means
492	2285		relatives, stepparents, or other responsible adults who have a bond
493	2286		or tie with a child and/or to whom has been ascribed a family
494		-	relationship role with the child's parents or the child; provided, ~~ENR. H. B. NO. 2565 Page 12~~
	2287	+	relationship role with the child's parents or the child; provided,
495	2288		however, in cases where the Indian Child Welfare Act applies, the
496	2289		definitions contained in 25 U.S.C., Section 1903 shall control;
497		-
498	2290		44. "Mental health facility" means a mental health or substance
499	2291		abuse treatment facility as defined by the Inpatient Mental Health
500	2292		and Substance Abuse Treatment of Minors Act;
501		-
502	2293		45. "Minor" means the same as the term "child" as defined in
503	2294		this section;
504		-
505	2295		46. "Minor in need of treatment" means a child in need of
506	2296		mental health or substance abuse treatment as defined by the
507	2297		Inpatient Mental Health and Substance Abuse Treatment of Minors Act;
508		-
509	2298		47. "Multidisciplinary child abuse team" means any team
510	2299		established pursuant to Section 1 -9-102 of this title of three or
511	2300		more persons who are trained in the prevention, identification,
512	2301		investigation, prosecution, and treatment of physical and sexual
513	2302		child abuse and who are qualified to facilitate a broad range of
514	2303		prevention- and intervention-related services and services related
	2304	+
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515	2330		to child abuse. For purposes of this defin ition, "freestanding"
516	2331		means a team not used by a child advocacy center for its
517	2332		accreditation;
518		-
519	2333		48. "Near death" means a child is in serious or critical
520	2334		condition, as certified by a physician, as a result of abuse or
521	2335		neglect;
522		-
523	2336		49. a. "Neglect" means:
524		-
525	2337		a. (1) the failure or omission to provide any of the
526	2338		following:
527		-
528		-	(1)
529		-
530		-	(a) adequate nurturance and affection, food,
531		-	clothing, shelter, sanitation, hygiene, or
532		-	appropriate education,
533		-
534		-	(2)
535		-
536		-	(b) medical, dental, or behavioral health care,
537		-
538		-	(3)
539		-	ENR. H. B. NO. 2565 Page 13
540		-	(c) supervision or appropriate caretakers to
541		-	protect the child from harm or threatened
542		-	harm of which any reasonable and prudent
543		-	person responsible for the child's health,
544		-	safety or welfare would be awa re, or
545		-
546		-	(4)
547		-
548		-	(d) special care made necessary for the child's
	2339	+	(1) adequate
	2340	+	(a) minimally necessary nurturance and
	2341	+	affection, food, clothing, shelter,
	2342	+	sanitation, hygiene, or appropriate
	2343	+	education,
	2344	+	(2) (b) medical, dental, or behavioral health care,
	2345	+	(3) (c) minimally necessary supervision or
	2346	+	appropriate caretakers to protect the child
	2347	+	from obvious dangers of which any reasonable
	2348	+	caregiver would be aware , or
	2349	+	(4) (d) special care made necessary for the child's
549	2350		health and safety by the physical or mental
550	2351		condition of the child,
551		-
552		-	b.
553		-
554		-	(2) the failure or omission to protect a child from
	2352	+	b. (2) the failure or omission to protect a child from
555	2353		exposure to any of the following:
556	2354
557		-	(1)
558		-
559		-	(a) the use, possession, sal e, or manufacture of
	2355	+	ENGR. H. B. NO. 2565 Page 19 1
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	2379	+
	2380	+	(1) (a) the use, possession, sale, or manufacture of
560	2381		illegal drugs,
561		-
562		-	(2)
563		-
564		-	(b) illegal activities, or
565		-
566		-	(3)
567		-
568		-	(c) sexual acts or materials that are not age -
	2382	+	(2) (b) illegal activities, or
	2383	+	(3) (c) sexual acts or materials that are not a ge-
569	2384		appropriate, or
570		-
571		-	c.
572		-
573		-	(3) abandonment.
574		-
	2385	+	c. (3) abandonment.
575	2386		b. "Neglect" shall not mean a child who engages in
576		-	independent activities, except if the per son
577		-	responsible for the child's health, safety or welfare
578		-	willfully disregards any harm or threatened harm to
579		-	the child, given the child's level of maturity,
580		-	physical condition or mental abilities. Such
581		-	independent activities include but are not limited t o:
582		-
583		-	(1) traveling to and from school including by
584		-	walking, running or bicycling, ENR. H. B. NO. 2565 Page 14
585		-
	2387	+	independent activities, except if the child's parent,
	2388	+	legal guardian or custodian consciously disregards the
	2389	+	child's obvious needs or obvious dangers to the child
	2390	+	given the child's level of maturity, physical
	2391	+	condition or mental abilities. Such independent
	2392	+	activities include but are not limited to:
	2393	+	(1) traveling to and from school, including by
	2394	+	walking, running or bicycling,
586	2395		(2) traveling to and from nearby commerci al or
587	2396		recreational facilities,
588		-
589	2397		(3) engaging in outdoor play,
590		-
591	2398		(4) remaining at home unattended for a reasonable
592	2399		amount of time,
593		-
594	2400		(5) remaining in a vehicle if the temperature inside
595	2401		the vehicle is not or will not become dangerously
596	2402		hot or cold, except under the conditions
	2403	+
	2404	+	ENGR. H. B. NO. 2565 Page 20 1
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	2428	+
597	2429		described in Section 11 -1119 of Title 47 of the
598	2430		Oklahoma Statutes, or
599		-
600	2431		(6) engaging in similar activities alone or with
601	2432		other children.
602		-
603	2433		Nothing in this paragraph shall be construed to mean a child is
604	2434		abused or neglected for the sole reason t he parent, legal guardian
605	2435		or person having custody or control of a child, in good faith,
606	2436		selects and depends upon spiritual means alone through prayer, in
607	2437		accordance with the tenets and practice of a recognized church or
608	2438		religious denomination, for the tre atment or cure of disease or
609	2439		remedial care of such child. Nothing contained in this paragraph
610	2440		shall prevent a court from immediately assuming custody of a child,
611	2441		pursuant to the Oklahoma Children's Code, and ordering whatever
612	2442		action may be necessary, incl uding medical treatment, to protect the
613	2443		child's health or welfare ;
614		-
615	2444		50. "Permanency hearing" means a hearing by the court pursuant
616	2445		to Section 1-4-811 of this title;
617		-
618	2446		51. "Permanent custody" means the court -ordered custody of an
619	2447		adjudicated deprived child w hen a parent-child relationship no
620	2448		longer exists due to termination of parental rights or due to the
621	2449		death of a parent or parents;
622		-
623	2450		52. "Permanent guardianship" means a judicially created
624	2451		relationship between a child, a kinship relation of the child, or
	2452	+
	2453	+	ENGR. H. B. NO. 2565 Page 21 1
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	2477	+
625	2478		other adult established pursuant to the provisions of Section 1 -4-
626	2479		709 of this title;
627		-
628	2480		53. "Person responsible for a child's health, safety, or
629		-	welfare" includes a parent; a legal guardian; custodian; a foster ~~ENR. H. B. NO. 2565 Page 15~~
	2481	+	welfare" includes a parent; a legal guardian; custodian; a foster
630	2482		parent; a person eighteen (18) years of age or ol der with whom the
631	2483		child's parent cohabitates or any other adult residing in the home
632	2484		of the child; an agent or employee of a public or private
633	2485		residential home, institution, facility or day treatment program as
634	2486		defined in Section 175.20 of Title 10 of the Oklahoma Statutes; or
635	2487		an owner, operator, or employee of a child care facility as defined
636	2488		by Section 402 of Title 10 of the Oklahoma Statutes;
637		-
638	2489		54. "Plan of safe care" means a plan developed for an infant
639	2490		with Neonatal Abstinence Syndrome or a Fetal Alcoho l Spectrum
640	2491		Disorder upon release from the care of a health care provider that
641	2492		addresses the health and substance use treatment needs of the infant
642	2493		and mother or caregiver;
643		-
644	2494		55. "Protective custody" means custody of a child taken by a
645	2495		law enforcement office r or designated employee of the court without
646	2496		a court order;
647		-
648	2497		56. "Putative father" means an alleged father as that term is
649	2498		defined in Section 7700 -102 of Title 10 of the Oklahoma Statutes;
650		-
651	2499		57. "Qualified residential treatment program" means a program
652	2500		that:
	2501	+
	2502	+	ENGR. H. B. NO. 2565 Page 22 1
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653	2526
654	2527		a. has a trauma-informed treatment model that is designed
655	2528		to address the needs including clinical needs as
656	2529		appropriate, of children with serious emotional or
657	2530		behavioral disorders or disturbances and, with respect
658	2531		to a child, is able to implement the tre atment
659	2532		identified for the child from a required assessment,
660		-
661	2533		b. has registered or licensed nursing staff and other
662	2534		licensed clinical staff who:
663		-
664	2535		(1) provide care within the scope of their practice
665	2536		as defined by the laws of this state,
666		-
667	2537		(2) are on-site according to the treatment model
668	2538		referred to in subparagraph a of this paragraph,
669	2539		and
670		-
671	2540		(3) are available twenty -four (24) hours a day and
672	2541		seven (7) days a week,
673		-	ENR. H. B. NO. 2565 Page 16
674	2542		c. to the extent appropriate, and in accordance with the
675	2543		child's best interest, facilitates participati on of
676	2544		family members in the child's treatment program,
677		-
678	2545		d. facilitates outreach to the family members of the
679	2546		child including siblings, documents how the outreach
680	2547		is made including contact information, and maintains
681	2548		contact information for any known biologic al family of
682	2549		the child,
683	2550
	2551	+	ENGR. H. B. NO. 2565 Page 23 1
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	2575	+
684	2576		e. documents how family members are integrated into the
685	2577		treatment process for the child including post -
686	2578		discharge, and how sibling connections are maintained,
687		-
688	2579		f. provides discharge planning and family -based aftercare
689	2580		support for at least 6 six (6) months post-discharge,
690	2581		and
691		-
692	2582		g. is licensed and accredited by any of the following
693	2583		independent, not-for-profit organizations:
694		-
695	2584		(1) The Commission on Accreditation of Rehabilitation
696	2585		Facilities (CARF),
697		-
698	2586		(2) The Joint Commission on Accreditation of
699	2587		Healthcare Organizations (JCAHO),
700		-
701	2588		(3) The Council on Accreditation (COA), or
702		-
703	2589		(4) any other federally approved independent, not -
704	2590		for-profit accrediting organization;
705		-
706	2591		58. "Reasonable and prudent parent standard" means the standard
707	2592		characterized by careful a nd sensible parental decisions that
708	2593		maintain the health, safety, and best interests of a child while at
709	2594		the same time encouraging the emotional and developmental growth of
710	2595		the child. This standard shall be used by the child's caregiver
711	2596		when determining whether to allow a child to participate in
712	2597		extracurricular, enrichment, cultural, and social activities. For
713	2598		purposes of this definition, the term "caregiver" means a foster
714	2599		parent with whom a child in foster care has been placed, a
	2600	+
	2601	+	ENGR. H. B. NO. 2565 Page 24 1
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	2625	+
715	2626		representative of a grou p home where a child has been placed or a
716	2627		designated official for a residential child care facility where a
717	2628		child in foster care has been placed;
718		-	ENR. H. B. NO. 2565 Page 17
719	2629		59. "Relative" means a grandparent, great -grandparent, brother
720	2630		or sister of whole or half blood, aunt, uncle or any other person
721	2631		related to the child;
722		-
723	2632		60. "Residential child care facility" means a twenty -four-hour
724	2633		residential facility where children live together with or are
725	2634		supervised by adults who are not their parents or relatives;
726		-
727	2635		61. "Review hearing" means a hearing by the court pursuant to
728	2636		Section 1-4-807 of this title;
729		-
730	2637		62. "Risk" means the likelihood that an incident of child abuse
731	2638		or neglect will occur in the future;
732		-
733	2639		63. "Safety threat" means the threat of serious harm due to
734	2640		child abuse or neglect occ urring in the present or in the very near
735	2641		future and without the intervention of another person, a child would
736	2642		likely or in all probability sustain severe or permanent disability
737	2643		or injury, illness, or death;
738		-
739	2644		64. "Safety analysis" means action taken by th e Department in
740	2645		response to a report of alleged child abuse or neglect that may
741	2646		include an assessment or investigation based upon an analysis of the
742	2647		information received according to priority guidelines and other
743	2648		criteria adopted by the Department;
744	2649
	2650	+	ENGR. H. B. NO. 2565 Page 25 1
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	2674	+
745	2675		65. "Safety evaluation" means evaluation of a child's situation
746	2676		by the Department using a structured, evidence -based tool to
747	2677		determine if the child is subject to a safety threat;
748		-
749	2678		66. "Secure facility" means a facility which is designed and
750	2679		operated to ensure th at all entrances and exits from the facility
751	2680		are subject to the exclusive control of the staff of the facility,
752	2681		whether or not the juvenile being detained has freedom of movement
753	2682		within the perimeter of the facility, or a facility which relies on
754	2683		locked rooms and buildings, fences, or physical restraint in order
755	2684		to control behavior of its residents;
756		-
757	2685		67. "Sibling" means a biologically or legally related brother
758	2686		or sister of a child. This includes an individual who satisfies at
759	2687		least one of the following co nditions with respect to a child:
760		-
761	2688		a. the individual is considered by state law to be a
762	2689		sibling of the child, or
763		-	ENR. H. B. NO. 2565 Page 18
764	2690		b. the individual would have been considered a sibling
765	2691		under state law but for a termination or other
766	2692		disruption of parental rights, such as the death of a
767	2693		parent;
768		-
769	2694		68. "Specialized foster care" means foster care provided to a
770	2695		child in a foster home or agency -contracted home which:
771		-
772	2696		a. has been certified by the Developmental Disabilities
773	2697		Services Division of the Department of Human Services,
774		-
775	2698		b. is monitored by the Division, and
	2699	+
	2700	+	ENGR. H. B. NO. 2565 Page 26 1
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776	2724
777	2725		c. is funded through the Home - and Community-Based Waiver
778	2726		Services Program administered by the Division;
779		-
780	2727		69. "Successful adulthood program" means a program specifically
781	2728		designed to assist a child to enhance those skills and abilities
782	2729		necessary for successful adult living. A successful adulthood
783	2730		program may include, but shall not be limited to, such features as
784	2731		minimal direct staff supervision, and the provision of supportive
785	2732		services to assist children with activities necess ary for finding an
786	2733		appropriate place of residence, completing an education or
787	2734		vocational training, obtaining employment, or obtaining other
788	2735		similar services;
789		-
790	2736		70. "Temporary custody" means court -ordered custody of an
791	2737		adjudicated deprived child;
792		-
793	2738		71. "Therapeutic foster family home" means a foster family home
794	2739		which provides specific treatment services, pursuant to a
795	2740		therapeutic foster care contract, which are designed to remedy
796	2741		social and behavioral problems of a foster child residing in the
797	2742		home;
798		-
799	2743		72. "Trafficking in persons" means sex trafficking or severe
800	2744		forms of trafficking in persons as described in Section 7102 of
801	2745		Title 22 of the United States Code:
802		-
803	2746		a. "sex trafficking" means the recruitment, harboring,
804	2747		transportation, provision, obtaining, patronizing or
	2748	+
	2749	+	ENGR. H. B. NO. 2565 Page 27 1
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	2768	+	20
	2769	+	21
	2770	+	22
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	2772	+	24
	2773	+
805	2774		soliciting of a person for the purpose of a commercial
806	2775		sex act, and
807		-
808		-	b. "severe forms of trafficking in persons" means: ENR. H. B. NO. 2565 Page 19
809		-
	2776	+	b. "severe forms of trafficking in persons" means:
810	2777		(1) sex trafficking in which a commercial sex act is
811	2778		induced by force, fraud, or coercion, or in which
812	2779		the person induced to perform such act has not
813	2780		attained eighteen (18) years of age, or
814		-
815	2781		(2) the recruitment, harboring, transportation,
816	2782		provision, obtaining, patronizing or soliciting
817	2783		of a person for labor or services, through the
818	2784		use of force, fraud, or coercion for the purpose
819	2785		of subjection to involuntary servitude, peonage,
820	2786		debt bondage, or slavery;
821		-
822	2787		73. "Transitional living program" means a residential program
823	2788		that may be attached to an existing facility or operated solely for
824	2789		the purpose of assisting children to develop the skills a nd
825	2790		abilities necessary for successful adult living. The program may
826	2791		include, but shall not be limited to, reduced staff supervision,
827	2792		vocational training, educational services, employment and employment
828	2793		training, and other appropriate independent living sk ills training
829	2794		as a part of the transitional living program; and
830		-
831	2795		74. "Voluntary foster care placement" means the temporary
832	2796		placement of a child by the parent, legal guardian or custodian of
833	2797		the child in foster care pursuant to a signed placement agreement
	2798	+
	2799	+	ENGR. H. B. NO. 2565 Page 28 1
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	2823	+
834	2824		between the Department or a child -placing agency and the child's
835	2825		parent, legal guardian or custodian.
836		-
837		-	SECTION 2. This act shall become effective November 1, 2021. ENR. H. B. NO. 2565 Page 20
838		-	Passed the House of Representatives the 28th day of April, 2021.
	2826	+	SECTION 4. This act shall become effective November 1, 2021.
	2827	+	Passed the House of Representatives the 3rd day of March, 2021.
839	2828
840	2829
841	2830
842	2831
843	2832		Presiding Officer of the House
844	2833		of Representatives
845	2834
846	2835
847		-	Passed the Senate the ~~21st~~ day ~~o f April~~, 2021.
	2836	+	Passed the Senate the ___ day of __________, 2021.
848	2837
849	2838
850	2839
851	2840
852	2841		Presiding Officer of the Senate
853	2842
854	2843
855		-
856		-	OFFICE OF THE GOVERNOR
857		-	Received by the Office of the Governor this ____________________
858		-	day of ___________________, 20_______, at _______ o'clock _______ M.
859		-	By: _________________________________
860		-	Approved by the Governor of the State of Oklahoma this _________
861		-	day of ___________________, 20_______, at _______ o'clock _______ M.
862		-
863		-
864		-	_________________________________
865		-	Governor of the State of Oklahoma
866		-
867		-	OFFICE OF THE SECRETARY OF STATE
868		-	Received by the Offi ce of the Secretary of State this __________
869		-	day of ___________________, 20_______, at _______ o'clock _______ M.
870		-	By: _________________________________
871	2844