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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 4130 By: Swope
AS INTRODUCED
An Act relating to children and the Juvenile Code;
amending 10A O.S. 2021, Sections 1-1-105 and 1-4-205,
which relate to deprived children; defining terms;
requiring parents to submit letter of intent when
requesting a change in educational instruction;
requiring certain information in letter of intent;
requiring submission of letter of intent when
changing school districts; directing the Department
of Human Services to p erform background check ;
directing the Department to maintain system;
directing the Department to conduct biannual checks;
prohibiting instruction in the home if there is
abuse, neglect, or violence; directing the Department
to explain reason for den ial; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
SECTION 1. AMENDATORY 10A O.S. 2021, S ection 1-1-105, is
amended to read as follows:
Section 1-1-105. When used in the Oklahoma Children's Code,
unless the context otherwise requires:
1. "Abandonment" means:
a. the willful intent by words, actions, or omissions not
to return for a child, or
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b. the failure to maintain a signifi cant parental
relationship with a child through visitation or
communication in which incidental or token visits or
communication are not considered significant, or
c. the failure to respond to notice of deprived
proceedings;
2. "Abuse" means harm or threatened harm to the health, safety,
or welfare of a child by a person responsible for the child's
health, safety, or welfare, incl uding but not limited to
nonaccidental physical or mental injury, sexual abuse, or sexual
exploitation. Provided, however, that nothing contained in the
Oklahoma Children's Code shall prohibit any parent from using
ordinary force as a means of discipline including, but not limited
to, spanking, switching, or paddling.
a. "Harm or threatened harm to the health or safety of a
child" means any real or threa tened physical, mental,
or emotional injury or damage to the body or mind that
is not accidental includi ng but not limited to sexual
abuse, sexual exploitation, neglect, or dependency.
b. "Sexual abuse" includes but is not limited t o rape,
incest, and lewd or indecent acts or proposals made to
a child, as defined by law, by a person responsible
for the health, safety, or welfare of the child.
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c. "Sexual exploitation" includes but is not limited to
allowing, permitting, encouraging, o r forcing a child
to engage in prostitution, as defined by law, by any
person eighteen (18) years of age or older or by a
person responsible for the health, safety, or welfare
of a child, or allowing, permitting, encoura ging, or
engaging in the lewd, obsce ne, or pornographic, a s
defined by law, photographing, filming, or depicting
of a child in those acts by a person responsible fo r
the health, safety, and welfare of the child;
3. "Adjudication" means a finding by the co urt that the
allegations in a petiti on alleging that a ch ild is deprived are
supported by a preponderance of the evidence;
4. "Adjudicatory hearing " means a hearing by the court as
provided by Section 1 -4-601 of this title;
5. "Age-appropriate or develop mentally appropriate" means:
a. activities or items that are generally accepted as
suitable for children of the same age or level of
maturity or that are determined to be developmentally
appropriate for a child, based on the development of
cognitive, emotional, physical, and behavioral
capacities that are typical for an age or age group,
and
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b. in the case of a specific child, activities or items
that are suitable fo r that child based on the
developmental stages attained by the child with
respect to the cognitive, emotional, physical, and
behavioral capacities of the specific child.
In the event that any age -related activities have implications
relative to the academi c curriculum of a child, nothing in this
paragraph shall be construed to authorize an office r or employee of
the federal government to mandate, direct, or control a state or
local educational agency, or the specific instructional content,
academic achievement standards and assessments, curriculum, or
program of instruction of a school;
6. "Assessment" means a comprehensive review of child safety
and evaluation of family functioning and protective capacities that
is conducted in response to a child abuse or neglect referral that
does not allege a serious and immediate safety threat to a child;
7. "Behavioral health" means mental health, substance abuse, or
co-occurring mental health and substance abuse diagnoses, and the
continuum of mental health, substanc e abuse, or co-occurring mental
health and substance abuse treatment;
8. "Child" means any unmarried person under eighteen (18) years
of age;
9. "Child advocacy center" means a center and the
multidisciplinary child abuse team of which it is a member tha t is
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accredited by the National Children's Alliance or that is completing
a sixth year of reaccreditation. Child advocacy cente rs shall be
classified, based on the child population of a district attorney's
district, as follows:
a. nonurban centers in dist ricts with child populations
that are less than sixty thousand (60,000), and
b. midlevel nonurban centers in districts with chil d
populations equal to or greater than sixty thousand
(60,000), but not including Oklahoma and Tulsa
Counties;
10. "Child with a disability" means any child who has a
physical or mental impairment which substantially li mits one or more
of the major life activities of the child, or who is regarded as
having such an impairment by a competent medical professional;
11. "Child-placing agency" means an agency that arranges for or
places a child in a foster family home, family -style living program,
group home, adoptive home, or a successful adulthood program;
12. "Children's emergency resource center " means a community-
based program that may provide emergency care and a safe and
structured homelike environment or a host home f or children
providing food, clothing , shelter and hygiene produ cts to each child
served; after-school tutoring; counseling services; life -skills
training; transition services; assessments; family reunification;
respite care; transportation to or from schoo l, doctors'
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appointments, visitation s and other social, school, court or other
activities when necessary; and a stable environment for children in
crisis who are in custody of the Department of Human Services if
permitted under the Department's policies an d regulations, or who
have been voluntarily placed by a parent or custodian during a
temporary crisis;
13. "Community-based services" or "community-based programs"
means services or programs which maintain community participation or
supervision in their p lanning, operation, and evaluation .
Community-based services and programs may include, but are not
limited to, emergency shelter, crisis intervention, group work, case
supervision, job placement, recruitment and training of volunteers,
consultation, medical, educational, home -based services, vocational,
social, preventive and psychological guidance, training, counseling,
early intervention and diversionary substance abuse treatment,
sexual abuse treatment, transitional living, independent living, and
other related services and programs;
14. "Concurrent permanency pla nning" means, when indicated, the
implementation of two plans for a child entering foster care . One
plan focuses on reuniting the parent and child; the other seeks to
find a permanent out -of-home placement for the child with bot h plans
being pursued simultaneously;
15. "Court-appointed special advocate " or "CASA" means a
responsible adult volunteer who has been trained and is supervised
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by a court-appointed special advocate program recognized by the
court, and when appointed by the court, serves as an off icer of the
court in the capacity as a guardian ad litem;
16. "Court-appointed special advocate prog ram" means an
organized program, administered by either an independent, not -for-
profit corporation, a dependent project of an in dependent, not-for-
profit corporation or a unit of local government, which recruits,
screens, trains, assigns, supervises and su pports volunteers to be
available for appointment by the court as guardians ad litem;
17. "Custodian" means an individual other than a parent, legal
guardian or Indian custodian, to whom legal custody of the child has
been awarded by the court . As used in this title, the term
"custodian" shall not mean the Department of Human Services;
18. "Day treatment" means a nonresidential program which
provides intensive services to a child who resides in the child's
own home, the home of a relative, group home, a foster home or
residential child care facility . Day treatment programs include,
but are not limited to, educational services;
19. "Department" means the Department of Human Services;
20. "Dependency" means a child who is homeless or without
proper care or guardianship through no fault of his or her parent,
legal guardian, or custodian;
21. "Deprived child" means a child:
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a. who is for any reason destitut e, homeless, or
abandoned,
b. who does not have the proper parental care or
guardianship,
c. who has been abused, neglected, or is dependent,
d. whose home is an unfit place for the child by re ason
of depravity on the part of the parent or legal
guardian of the child, or other person responsible for
the health or welfare of the child,
e. who is a child in need of special care and treatment
because of the child's physical or mental condition,
and the child's parents, legal g uardian, or other
custodian is unable or willfully fails to provide such
special care and treatment . As used in this
paragraph, a child in need of special care and
treatment includes, but is not limited to, a child who
at birth tests positive for alcohol or a controlled
dangerous substance and who, pursuant to a drug or
alcohol screen of the child and an assessment of the
parent, is determined to be at risk of harm or
threatened harm to the health or safety of a child,
f. who is a child with a disability deprived of the
nutrition necessary to sustain life or of the medical
treatment necessary to remedy or relieve a life -
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threatening medical condition in order to cause or
allow the death of the child if such nutrition or
medical treatment is generally provid ed to similarly
situated children without a disability or children
with disabilities; provided that no medical treatment
shall be necessary if, in the reasonable medical
judgment of the attending physician, such treatment
would be futile in saving the life of the child,
g. who, due to improper parental care and guardianship,
is absent from school as specified in Section 10 -106
of Title 70 of the Oklahoma Statutes, if the child is
subject to compulsory school attendance,
h. whose parent, legal guardian or custodian for good
cause desires to be relieved of custody,
i. who has been born to a parent whose parental rights to
another child have b een involuntarily terminated by
the court and the conditions which led to the making
of the finding, which resulted i n the termination of
the parental rights of the parent to the other child,
have not been corrected, or
j. whose parent, legal guardian, or custodian has
subjected another child to abuse or neglect or has
allowed another child to be subjected to abuse or
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neglect and is currently a respondent in a deprived
proceeding.
Nothing in the Oklahoma Children's Code shall be construed to
mean a child is deprived for the sole reason the parent, legal
guardian, or person having custody or contro l of a child, in good
faith, selects and depends upon spiritual means alone through
prayer, in accordance with the tenets and practice of a recognized
church or religious denomination, for the treatment or cure of
disease or remedial care of such child.
Evidence of material, ed ucational or cultural disadvantage as
compared to other children shall not be sufficient to prove that a
child is deprived; the state shall pr ove that the child is deprived
as defined pursuant to this title.
Nothing contained in this paragraph shall preve nt a court from
immediately assuming custo dy of a child and ordering whatever action
may be necessary, including medical treatment, to protect the
child's health or welfare;
22. "Dispositional hearing " means a hearing by the court as
provided by Section 1-4-706 of this title;
23. "Drug-endangered child" means a child who is at risk of
suffering physical, psychological or sexual harm as a result of the
use, possession, distribution, manufacture or cultivation of
controlled substances, or the attempt of any of these acts, by a
person responsible fo r the health, safety or welfare of the child,
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as defined in this section . This term includes circums tances
wherein the substance abuse of the person responsible for the
health, safety or welfa re of the child interferes with that person's
ability to parent and provide a safe and nurturing environment for
the child;
24. "Emergency custody" means the custody of a child prior to
adjudication of the child following issuance of an order of the
district court pursuant to Section 1-4-201 of this title or
following issuance of an order of the district court pursuant to an
emergency custody hearing, as specified b y Section 1-4-203 of this
title;
25. "Facility" means a place, an institution, a building o r
part thereof, a set of buildings, or an area whether or not
enclosing a building or set of buildings used for the lawful custody
and treatment of children;
26. "Failure to protect" means failure to take reasonable
action to remedy or prevent child abuse or neglect, and includes the
conduct of a nonabusing parent or guardian who knows the identity of
the abuser or the person neglecting the child, but lies, conceals or
fails to report the child abuse or neglect or otherwise take
reasonable action to end th e abuse or neglect;
27. "Family-style living program" means a residential program
providing sustained care and supervision to residents in a homelike
environment not located in a building used for commercial activity;
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28. "Foster care" or "foster care services" means continuous
twenty-four-hour care and supportive s ervices provided for a child
in foster placement including, but not limited to, the care,
supervision, guidance, and rearing of a foster child by the foster
parent;
29. "Foster family home" means the private residence of a
foster parent who provides foste r care services to a child . Such
term shall include a nonkinship foster family home, a therapeutic
foster family home, or the home of a relative or other kinship care
home;
30. "Foster parent eligibility assessment" includes a criminal
background investigation including, but not limited to, a national
criminal history records search based upon the submi ssion of
fingerprints, home assessments, and any other assessment required by
the Department of Human Services, the Office of Ju venile Affairs, or
any child-placing agency pursuant to the provisions of the Oklahoma
Child Care Facilities Licensing Act;
31. "Guardian ad litem" means a person appointed by the court
pursuant to the provisions of Sec tion 1-4-306 of this title having
those duties and responsibili ties as set forth in that section . The
term "guardian ad litem" shall refer to a court -appointed special
advocate as well as to any other person appointed pursuant to the
provisions of Section 1-4-306 of this title to serve as a guardian
ad litem;
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32. "Guardian ad litem of the estate of the child " means a
person appointed by the court to protect the pro perty interests of a
child pursuant to Section 1 -8-108 of this title;
33. "Group home" means a residential facility licensed by the
Department to provide full-time care and community -based services
for more than five but fewer than thirteen children;
34. "Harm or threatened harm to the health or safety of a
child" means any real or threatened p hysical, mental, or emotional
injury or damage to the body or m ind that is not accidental
including, but not limited to, sexual abuse, sexual exploitation,
neglect, or dependency;
35. "Heinous and shocking abuse " includes, but is not limited
to, aggravated physical abuse that results in ser ious bodily,
mental, or emotional injury. "Serious bodily injury " means injury
that involves:
a. a substantial risk of death,
b. extreme physical pain,
c. protracted disfigurement,
d. a loss or impairment of the functio n of a body member,
organ, or mental faculty,
e. an injury to an internal or external organ or the
body,
f. a bone fracture,
g. sexual abuse or sexual exploitation,
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h. chronic abuse including, but not limited to, physical,
emotional, or sexual abuse, or s exual exploitation
which is repeated or continuing,
i. torture that includes, but is not limited to,
inflicting, participating in or assisting in
inflicting intense physical or emotional pain upon a
child repeatedly over a period of time for the purpose
of coercing or terrorizing a child or f or the purpose
of satisfying the craven, cruel, or prurient desires
of the perpetrator or another person, or
j. any other similar aggravated circumstance;
36. "Heinous and shocking neglect " includes, but is not limi ted
to:
a. chronic neglect that includes , but is not limited to,
a persistent pattern of family functioning in which
the caregiver has not met or sustained the basic ne eds
of a child which results in harm to the child,
b. neglect that has resulted in a d iagnosis of the child
as a failure to thri ve,
c. an act or failure to act by a parent that results in
the death or near death of a child or sibling, serious
physical or emotional harm, sexual abuse, sexual
exploitation, or presents an imminent risk of ser ious
harm to a child, or
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d. any other similar aggravating circumstance ;
37. "Individualized service plan " means a document written
pursuant to Section 1 -4-704 of this title that has the same meaning
as "service plan" or "treatment plan" where those terms are used in
the Oklahoma Children's Code;
38. "Infant" means a child who is twelve (12) months of age or
younger;
39. "Institution" means a residential facility offering care
and treatment for more than twenty residents;
40. a. "Investigation" means a response to an allegation of
abuse or neglect that involves a serious an d immediate
threat to the safety of the child, making it necessary
to determine:
(1) the current safety of a child and the risk of
subsequent abuse or neglect, and
(2) whether child abuse or neglect occurred and
whether the family needs prevention- and
intervention-related services.
b. "Investigation" results in a written response stating
one of the following findings:
(1) "substantiated" means the Department has
determined, after an investigation of a report of
child abuse or neglect and based upon some
credible evidence, that child abuse or neglect
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has occurred. When child abuse or neglect is
substantiated, the Department may recommend:
(a) court intervention if the Department finds
the health, safety, or welfare of the child
is threatened, or
(b) child abuse and neglect prevention - and
intervention-related services for the child,
parents or persons resp onsible for the care
of the child if court intervention is not
determined to be necessary,
(2) "unsubstantiated" means the Department has
determined, after an investigation of a report of
child abuse or neglect, that insufficient
evidence exists to fully d etermine whether child
abuse or neglect has occurred . If child abuse or
neglect is unsubstantiated, the Department may
recommend, when determined to be ne cessary, that
the parents or persons responsible for the care
of the child obtain child abuse and neg lect
prevention- and intervention-related services, or
(3) "ruled out" means a report in whi ch a child
protective services speci alist has determined,
after an investigation of a report of child abuse
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or neglect, that no child abuse or neglect has
occurred;
41. "Kinship care" means full-time care of a child by a kinship
relation;
42. "Kinship guardianship" means a permanent guardi anship as
defined in this section;
43. "Kinship relation" or "kinship relationship " means
relatives, stepparents, or other resp onsible adults who have a bond
or tie with a child and/or to whom has been ascribed a family
relationship role with the child's parents or the child; provi ded,
however, in cases where the Indian Child Welfare Act applies, the
definitions contained in 25 U. S.C., Section 1903 shall control;
44. "Learning pod" means a voluntary association of paren ts
choosing to group their children together to participate in their
elementary or secondary academic studies as an alternative to
enrolling in a public school, pri vate school, homeschool, or
microschool, including participation in an a ctivity or service
provided to the children in exchange for payment;
45. "Mental health facility" means a mental health or substance
abuse treatment facility as d efined by the Inpatie nt Mental Health
and Substance Abuse Treatment of Minors Act;
46. "Microschool" means a sch ool initiated by one or more
teachers or an entity created to o perate a school that charges
tuition for the students who enroll and is an alternative to
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enrolling in a public school, private school, homeschool, or
learning pod;
45. 47. "Minor" means the same as the term "child" as defined
in this section;
46. 48. "Minor in need of treatment " means a child in need of
mental health or substance abuse treat ment as defined by the
Inpatient Mental Health and Substance Abuse Treatment of Minors Act;
47. 49. "Multidisciplinary child abuse team " means any team
established pursuant to Section 1 -9-102 of this title of three or
more persons who are trained in the preve ntion, identification,
investigation, prosecution, and treatment of physical and sexual
child abuse and who are qualified to facilitate a broad range of
prevention- and intervention-related services and services related
to child abuse. For purposes of this definition, "freestanding"
means a team not used by a child advocacy center for its
accreditation;
48. 50. "Near death" means a child is in serious or critical
condition, as certified by a phys ician, as a result of abuse or
neglect;
49. 51. a. "Neglect" means:
(1) the failure or omission to provide any of the
following:
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(a) adequate nurturance and af fection, food,
clothing, shelter, sanitation, hygiene, or
appropriate education,
(b) medical, dental, or behavioral health care,
(c) supervision or appropriate care takers to
protect the child from harm or threatened
harm of which any reasonable and prudent
person responsible for the child's health,
safety or welfare would be aware, or
(d) special care made necessary for the child's
health and safety by the physical or mental
condition of the child,
(2) the failure or omission to protect a child from
exposure to any of the following:
(a) the use, possession, sale, or ma nufacture of
illegal drugs,
(b) illegal activities, or
(c) sexual acts or materials that are not age -
appropriate, or
(3) abandonment.
b. "Neglect" shall not mean a child who engages in
independent activities, except if the person
responsible for the child 's health, safety or welfa re
willfully disregards any harm or threatened harm to
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the child, given the child's level of maturity,
physical condition or mental abilities . Such
independent activities include but are not limited to:
(1) traveling to and from school including by
walking, running or bicycling,
(2) traveling to and from nearby commercial or
recreational facilities,
(3) engaging in outdoor play,
(4) remaining at home unattended for a r easonable
amount of time,
(5) remaining in a vehicle if the tem perature inside
the vehicle is not or will not become dangerously
hot or cold, except under the condi tions
described in Section 11 -1119 of Title 47 of the
Oklahoma Statutes, or
(6) engaging in similar activities alone or with
other children.
Nothing in this paragraph shall be construed to mean a child is
abused or neglected for the sole reason the parent, legal guardian
or person having custody or control of a child, in good faith,
selects and depends upon spiritual means alone through prayer, in
accordance with the tenets and practice of a recognized church or
religious denomination, for the treatment or cure of disease or
remedial care of such child . Nothing contained in this paragraph
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shall prevent a court from immediately assuming custody of a child,
pursuant to the Oklahoma Children's Code, and ordering whatever
action may be necessary, including medi cal treatment, to protect the
child's health or welfare;
50. 52. "Permanency hearing" means a hearing by the court
pursuant to Section 1 -4-811 of this title;
51. 53. "Permanent custody" means the court-ordered custody of
an adjudicated deprived child whe n a parent-child relationship no
longer exists due to termination of parental rights or due to the
death of a parent or parents;
52. 54. "Permanent guardianship" means a judicially c reated
relationship between a child, a kinship relation of the child, or
other adult established pursuant to the provisions of Section 1 -4-
709 of this title;
53. 55. "Person responsible for a child's health, safety, or
welfare" includes a parent; a legal gua rdian; custodian; a foster
parent; a person eighteen (18) years of age or older with whom the
child's parent cohabitates or any other adult residing in the home
of the child; an agent or employee of a public or private
residential home, institution, facili ty or day treatment program as
defined in Section 175.20 of Title 10 o f the Oklahoma Statutes; or
an owner, operator, or employee of a child care facility as defi ned
by Section 402 of Title 10 of the Oklahoma Statutes;
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54. 56. "Plan of safe care" means a plan developed for an
infant with Neonatal Abstinence Syndrome or a Fe tal Alcohol Spectrum
Disorder upon release from the care of a health care provider that
addresses the health and substance use treatment needs of the infan t
and mother or caregiver;
55. 57. "Protective custody" means custody of a child taken by
a law enforcement officer or design ated employee of the court
without a court order;
56. 58. "Putative father" means an alleged father as that term
is defined in Section 7700-102 of Title 10 of the Oklaho ma Statutes;
57. 59. "Qualified residential treatment progra m" means a
program that:
a. has a trauma-informed treatment model that is designed
to address the needs including clinical needs as
appropriate, of childre n with serious emotional or
behavioral disorders or disturbances and, with respect
to a child, is able to implement the treatment
identified for the child from a required assessment,
b. has registered or licensed nursing staff and other
licensed clinical staff who:
(1) provide care within the sc ope of their practice
as defined by the laws of this state,
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(2) are on-site according to the t reatment model
referred to in subparagraph a of this paragr aph,
and
(3) are available twenty -four (24) hours a day and
seven (7) days a week,
c. to the extent appropriate, and in accordance with the
child's best interest, f acilitates participation of
family members in the child's treatment program,
d. facilitates outreach to the family members of the
child including siblings, documents how the outreach
is made including contact information, and maintains
contact information for any known biological family o f
the child,
e. documents how family members are integrated into the
treatment process for the child including post -
discharge, and how sibling connections ar e maintained,
f. provides discharge planning and family -based aftercare
support for at least six (6) months post-discharge,
and
g. is licensed and accredited by any of the following
independent, not-for-profit organizations:
(1) The Commission on Accred itation of Rehabilitation
Facilities (CARF),
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(2) The Joint Commission on Accreditation of
Healthcare Organizations (JCAHO),
(3) The Council on Accreditation (COA ), or
(4) any other federally approved independent, not -
for-profit accrediting organization;
58. 60. "Reasonable and prudent parent standard " means the
standard characterized by careful and sensible p arental decisions
that maintain the health, safety, and best interests of a child
while at the same time encouraging t he emotional and developmental
growth of the child. This standard shall be used by the child's
caregiver when determining whether to allo w a child to participate
in extracurricular, enrichment , cultural, and social activities .
For purposes of this defini tion, the term "caregiver" means a foster
parent with whom a child in foster care has been placed, a
representative of a group home where a child has been placed or a
designated official for a residential child care facility where a
child in foster care ha s been placed;
59. 61. "Relative" means a grandparent, great -grandparent,
brother or sister of whole or half blood, aunt, uncle or any other
person related to the child;
60. 62. "Residential child care facility" means a twenty-four-
hour residential facil ity where children live together with or are
supervised by adults who are not their parents or relati ves;
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61. 63. "Review hearing" means a hearing by the court pursuant
to Section 1-4-807 of this title;
62. 64. "Risk" means the likelihood that an inciden t of child
abuse or neglect will occur in th e future;
63. 65. "Safety threat" means the threat of se rious harm due to
child abuse or neglect occurring in the present or in the very near
future and without the intervention of another person, a child would
likely or in all probability sustain severe or permanent disability
or injury, illness, or death;
64. 66. "Safety analysis" means action taken by the Department
in response to a report of alle ged child abuse or neglect that may
include an assessment or in vestigation based upon an analysis of the
information received according to priority guidelines and o ther
criteria adopted by the Department;
65. 67. "Safety evaluation" means evaluation of a child's
situation by the Department using a structured, evidenc e-based tool
to determine if the child is subject to a safety threat;
66. 68. "Secure facility" means a facility which is designed
and operated to ensure that all entran ces and exits from the
facility are subject to the exclusive control of the staff of t he
facility, whether or not the juvenile being detained has freedom of
movement within the perimeter of the facility, or a facility which
relies on locked rooms and build ings, fences, or physic al restraint
in order to control behavior of its residents;
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67. 69. "Sibling" means a biologically or legally related
brother or sister of a child . This includes an individual who
satisfies at least one of the following conditions with respect to a
child:
a. the individual is considered by state law to be a
sibling of the child, or
b. the individual would have been consid ered a sibling
under state law but for a ter mination or other
disruption of parental rights, such as the death of a
parent;
68. 70. "Specialized foster care " means foster care provided to
a child in a foster home or agency -contracted home which:
a. has been certified by the Developmental Disabiliti es
Services Division of the Department of Human Services,
b. is monitored by the Division, and
c. is funded through the Home - and Community-Based Waiver
Services Program administered by the Division;
69. 71. "Successful adulthood program " means a program
specifically designed to assist a child to enhance those skills and
abilities necessary for successful adult living . A successful
adulthood program may in clude, but shall not be limited to, such
features as minimal direct staff supervision, and the provis ion of
supportive services to assist children with activities necessary for
finding an appropriate place of residence, completing an education
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or vocational training, obtaining employment, or obtaining other
similar services;
70. "Temporary custody" means court-ordered custody of an
adjudicated deprived child;
71. "Therapeutic foster family home" means a foster family home
which provides specific treatment services, pursuant to a
therapeutic foster care contract, which are designed to remedy
social and behavioral problems of a foster child residing in the
home;
72. "Trafficking in persons" means sex trafficking or severe
forms of trafficking in persons as described in Section 7102 of
Title 22 of the United State s Code:
a. "sex trafficking" means the recruitment, harboring,
transportation, provision, obtaining, patronizing or
soliciting of a person for the purpose of a commercial
sex act, and
b. "severe forms of trafficking in persons " means:
(1) sex trafficking in which a commercial sex act is
induced by force, fraud, or coercion, or in which
the person induced to perform such act has not
attained eighteen (18) years of age, or
(2) the recruitment, harboring , transportation,
provision, obtaining, patronizing o r soliciting
of a person for labor or services, through the
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use of force, fraud, or coercion for the purpose
of subjection to inv oluntary servitude, peonage,
debt bondage, or slavery;
73. "Transitional living program" means a residential program
that may be attached to an existing facility or operated solely for
the purpose of assisting children to develop the skills and
abilities necessary for successful adult living . The program may
include, but shall not be limited to, reduced staff supervision,
vocational training, educational services, employment and employment
training, and other appropriate independent living skills training
as a part of the transitional living program; and
74. "Voluntary foster care placement" means the temporary
placement of a child by the parent, legal guardian or custodian o f
the child in foster care pursuant to a signed placement agreement
between the Department or a child-placing agency and the child's
parent, legal guardian or custodian.
SECTION 2. AMENDATORY 10A O.S. 2021, Section 1 -4-205, is
amended to read as follows:
Section 1-4-205. A. The office of the district attorney and
the Department of Human Services shall maintain records concerning a
child in protective custody who is released prior to the emergency
custody hearing. The records shall descri be the reason for such
release.
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B. 1. A petition for a deprived child proceeding shall be
filed and a summons issued within seven (7) judicial d ays from the
date the child is taken into custody unless, upon request of the
district attorney at the emergen cy custody hearing, the court
determines there are compelling reasons to grant addi tional time for
the filing of the petition for a period of time not to exceed
fifteen (15) calendar days from the assumption of custody.
2. If a petition is not filed as re quired by this subsection,
the emergency custody order shall expire. The district attorney
shall submit for filing in the court record a written record
specifying the reasons why the petition was not filed and specifying
to whom the child was released.
C. The court may hold additional hearing s at such intervals as
may be determined nec essary by the court to provide for the health,
safety, or welfare of the child.
D. In scheduling hearings, the court shall give priority to
proceedings in which a child is in emergency custody.
E. An order of the court providing for the removal of a chil d
alleged to be deprived from the home of the child shall not b e
entered unless the court makes a determination:
1. That continuation of the child in the child 's home is
contrary to the health, safety, or welfar e of the child; and
2. As to whether or not reasonable efforts were made to prevent
the need for the remov al of the child from the child's home; or
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3. As to whether or not an absence of efforts to prevent the
removal of the child from the child 's home is reasonable because the
removal is due to an alleged emergency and is for the purpose of
providing for the health, safety, or welfare of the child; or
4. That reasonable efforts to provide for the return of the
child to the child's home are not required p ursuant to Section 1 -4-
809 of Title 10A of t he Oklahoma Statutes; provided, however, upon
such determination, the court shall inform the parent that a
permanency hearing will be held within thirty (30) days from the
determination.
F. On or before the school district start date, parents making
the decision to choose homeschoo ling, podschooling, or
microschooling shall submit a letter of intent to the Department of
Human Services. The letter of intent shall include the parent's or
parents' names and Social Security number, the child's or children's
names, the home address, the names of any other individuals living
within the home, the names of any associated individuals or
organizations assisting with the child's or children's schooling,
and a brief statement for the decision of schooling.
G. Any change to or from the decision to homeschool, p odschool,
microschool, or change school districts, whether a result of a m ove
or otherwise, shall require a subsequent letter of intent containing
the information outlined in subsection F of this section.
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H. When the Department of Human Services receives a letter of
intent, it shall perform an initial background check on parents ,
other adults within the home, and any adults assisting in the
children's schooling.
I. The Department shall maintain a system to conduct biannual
checks of the database and compile a database of i ndividuals,
facilities, and organizations that perform and assist with
homeschooling, podschooling, or microschooling.
J. Requests to pursue instruction in the home shall not be
authorized if there is a pending child abuse or neglect
investigation against either custodial parent or a person
instructing the child, or if either custodial p arent or a person
instructing the child has ever been c onvicted of domestic violence
or child abuse or neglec t.
K. If the request for home -based educational instruction is
denied by the Department, an explanation for the deni al shall be
furnished in writing to the applicant by the Department.
SECTION 3. This act shall become effective November 1, 2024.
59-2-8513 CMA 01/17/24