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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 701 By: Pederson
AS INTRODUCED
An Act relating to the Oklahoma Children ’s Code;
amending 10A O.S. 2021, Section 1-1-105, which
relates to definitions; m odifying definitions; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 202 1, Section 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 omissio ns not
to return for a child, or
b. the failure to maintain a signi ficant parental
relationship with a child through v isitation or
communication in which incidental or token visits or
communication are not considered significant, or
c. the failure to respo nd to notice of deprived
proceedings;
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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, including but not limited to
nonaccidental physical or mental i njury, sexual abuse, or sexual
exploitation. Provided, however, th at 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 padd ling.
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 including but not limited to sexual
abuse, sexual exploitation, ne glect, or dependency.
b. “Sexual abuse” includes but is not limited to rape,
incest, and lewd or indecent acts or prop osals made to
a child, as defined by law, by a person responsible
for the health, safety, or welfare of the child.
c. “Sexual exploitation” includes but is not limited to
allowing, permitting, encouraging, or forcing a child
to engage in prostitution, as d efined 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, encouraging, or
engaging in the lewd, obs cene, or pornographic, a s
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defined by law, photograp hing, filming, or depicting
of a child in those acts by a person responsible for
the health, safety, and welfare of the child;
3. “Adjudication” means a finding by the court that the
allegations in a peti tion 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 developmentally 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 th e development of
cognitive, emotional, physical, and behavioral
capacities that are typical for an age or age group,
and
b. in the case of a specific child, activities or items
that are suitable for 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 academic curriculum of a child, nothing in this
paragraph shall be construed to authorize an officer or employee of
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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 revie w of child safety
and evaluation of family function ing and protective capacities that
is conducted in response to a child abuse or neglect referral that
does not allege a serious and immedi ate safety threat to a child;
7. “Behavioral health” means mental health, substance abuse, or
co-occurring mental hea lth and substance abuse diagnoses, and the
continuum of mental health, substance abuse, or co -occurring mental
health and substance abuse treatment;
8. “Child” means any unmarried person under eighteen (1 8) years
of age;
9. “Child advocacy center ” means a center and the
multidisciplinary child abuse team of which it is a member that is
accredited by the National Children ’s Alliance or that is completing
a sixth year of reaccreditation . Child advocacy centers shall be
classified, based on the child popula tion of a district attorney ’s
district, as follows:
a. nonurban centers in districts with child populations
that are less than sixty thous and (60,000), and
b. midlevel nonurban centers in districts with ch ild
populations equal to or greater than sixty thou sand
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(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 limits 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 for children
providing food, clothi ng, shelter and hygiene products to each child
served; after-school tutoring; counseling services; life -skills
training; transition services; assessments; family reunification;
respite care; transportation to or from school, doctors ’
appointments, visitati ons 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 and 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 partic ipation or
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supervision in their planning, operation, and evaluation .
Community-based services and programs may includ e, but are not
limited to, emergency shelter, crisis intervention, group work, case
supervision, job placement, recruitment and training o f volunteers,
consultation, medical, educational, home -based services, vocational,
social, preventive and psychologica l guidance, training, counseling,
early intervention and diversionary substance abuse treatment,
sexual abuse treatment, transitional livi ng, independent living, and
other related services and programs;
14. “Concurrent permanency planning ” 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 s eeks to
find a permanent out -of-home placement for the child with b oth plans
being pursued simultaneously;
15. “Court-appointed special advocate ” or “CASA” means a
responsible adult volunteer who has been trained and is supervised
by a court-appointed special advocate program recognized by the
court, and when appointed b y the court, serves as an officer of the
court in the capacity as a guardian ad litem;
16. “Court-appointed special advocate program ” means an
organized program, administered by either an independent, not-for-
profit corporation, a dependent project of an independent, not-for-
profit corporation or a unit o f local government, which recruits,
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screens, trains, assigns, supervises and supports volunteers to be
available for appointment by the co urt as guardians ad litem;
17. “Custodian” means an individual oth er than a parent, legal
guardian or Indian custodia n, to whom legal custody of the child has
been awarded by the court . As used in this title, the term
“custodian” custodian shall not mean the Depar tment of Human
Services;
18. “Day treatment” means a nonresidential program which
provides intensive servic es 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 o f 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:
a. who is for any reason destitute, 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 reason
of depravity on the part of the parent or legal
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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 guardian, or other
custodian is unable or willf ully 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 no t limited to, a child who
at birth tests positive for alc ohol or a controlled
dangerous substance and who, p ursuant 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 heal th or safety of a child,
f. who is a child with a disabil ity deprived of the
nutrition necessary to sustain life or of the medical
treatment necessary to remedy or relieve a life -
threatening medical condition in order to cause or
allow the death of the chi ld if such nutrition or
medical treatment is generally pr ovided to similarly
situated children without a dis ability or children
with disabilities; provided that no medical treatment
shall be necessary if, in the reasonable medical
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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 o r custodian for good
cause desires to be relieved o f custody,
i. who has been born to a parent whose parental rights to
another child have been involuntarily terminated by
the court and the condition s which led to the making
of the finding, which resulted in the termination of
the parental rights of the pa rent to the other child,
have not been corrected, or
j. whose parent, legal guardian, or custodian has
subjected another child to abuse or neglect o r has
allowed another child to be subjected to abuse or
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 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
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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 prove that the child is deprived
as defined pursuant to this title.
Nothing contained in this paragraph shall preve nt a court from
immediately assuming custody of a chil d 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 culti vation of
controlled substances, or the attempt of a ny of these acts, by a
person responsible for the health , safety or welfare of the child,
as defined in this section . This term includes circumstances
wherein the substance abuse of the person responsibl e for the
health, safety or welfare of the child int erferes 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
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district court pursuant to Section 1-4-201 of this title or
following issuance o f an order of the district court pursuant to an
emergency custody hearing, as specified by Section 1 -4-203 of this
title;
25. “Facility” means a place, an institution, a building or
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 wh o 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 the abuse or negle ct;
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;
28. “Felt safety” means the individual experiences safety by
not anticipating harm or hurt, emotionally or phys ically, based on
his or her present internal response, environment, and has
relational security from his or her primary caregivers;
29. “Foster care” or “foster care services ” means continuous
twenty-four-hour care and supportive services provided for a c hild
in foster placement including, but not limited to, the care,
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supervision, guidance, and rearing of a foster child by the foster
parent;
29. 30. “Foster family home” means the private residence of a
foster parent who provides foster 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. 31. “Foster parent eligibility assessment” includes a
criminal background investigation including , but not limited to, a
national criminal history records search based upon the submission
of fingerprints, home assessments, and any other assessment required
by the Department of Human Se rvices, the Office of Juvenile Affairs,
or any child-placing agency pursuant to the prov isions of the
Oklahoma Child Care Facilities Licensing Act;
31. 32. “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;
33. “Guardian ad litem” means a person appointed by the court
pursuant to the provisions of Section 1 -4-306 of this title having
those duties and responsibilities as set forth in that section . The
term “guardian ad litem” shall refer to a cour t-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. 34. “Guardian ad litem of the estate of the child” means a
person appointed by the court to protect the prope rty 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 thir teen children;
34. 35. “Harm or threatened harm to the health or safety of a
child” means any real or threatened physical, mental, or emotional
injury or damage to the body or mind that is not accidental
including, but not limited to, sexual abuse, sexual exploitation,
neglect, or dependency;
35. 36. “Heinous and shocking abuse ” includes, but is not
limited to, aggravated physi cal abuse that results in ser ious
bodily, mental, or emotional injury . “Serious bodily injury” means
injury that involves:
a. a substantial risk of de ath,
b. extreme physical pain,
c. protracted disfigurement,
d. a loss or impairment of the function o f 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 exploit ation,
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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 no t limited to,
inflicting, participating in or assis ting 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 per son, or
j. any other similar aggravated circumstance;
36. 37. “Heinous and shocking neglect ” includes, but is not
limited to:
a. chronic neglect that includes , but is not limited to,
a persistent pattern of family functioning in which
the caregiver has no t met or sustained th e basic needs
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 th at 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. 38. “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. 39. “Infant” means a child who is twel ve (12) months of age
or younger;
39. 40. “Institution” means a residential facility offering
care and treatment for more than twenty residents;
40. 41. a. “Investigation” means a response to an
allegation of abuse or neglect that involves a serious
and immediate threat to the safety of the child,
making it necessary to dete rmine:
(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 respon se 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 chi ld,
parents or persons responsible 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 negle ct, that insufficient
evidence exists to fully determine whether child
abuse or neglect has occurred . If child abuse or
neglect is unsubstantiated, the Department may
recommend, when determined to be nece ssary, that
the parents or persons responsible for the care
of the child obtain child abuse and neglect
prevention- and intervention-related services, or
(3) “ruled out” means a report in which 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 abu se or neglect has
occurred;
41. 42. “Kinship care” means full-time care of a child by a
kinship relation;
42. 43. “Kinship guardianship ” means a permanent guardi anship
as defined in this section;
43. 44. “Kinship relation” or “kinship relationship” means
relatives, stepparents, or other responsible adults who have a bond
or tie with a child and/or or to whom has been ascribed a family
relationship role with the child ’s parents or the child; provided,
however, in cases where the India n Child Welfare Act a pplies, the
definitions contained in 25 U.S.C., Section 1903 shall control;
44. 45. “Mental health facility ” means a mental health or
substance abuse treatment facility as d efined by the Inpatient
Mental Health and Substance Abuse Tre atment of Minors Act;
45. 46. “Minor” means the same as the term “child” as defined
in this section;
46. 47. “Minor in need of treatment ” means a child in need of
mental health or substance abuse t reatment as defined by the
Inpatient Mental Health and Su bstance Abuse Treatme nt of Minors Act;
47. 48. “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 prevention, identification,
investigation, prosecution , and treatment of ph ysical and sexual
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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 use d by a child advocacy center for its
accreditation;
48. 49. “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. 50. a. “Neglect” means:
(1) the failure or omission to provide a ny of the
following:
(a) adequate nurturance and affection, food,
clothing, shelter, sanitation, hygiene, or
appropriate education,
(b) medical, dental, or behavioral health care,
(c) supervision or appropriate caretakers 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,
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(2) the failure or omission t o protect a child from
exposure to any of the following:
(a) the use, possession, sale, or manufacture 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
the child, given the child’s level of maturity,
physical condition or mental abili ties. 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 reasonable
amount of time,
(5) remaining in a vehicle if the temperature inside
the vehicle is not or will not become dangerously
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hot or cold, except under the conditions
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 b e 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 an d 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
shall prevent a court from immediately assuming custody of a child,
pursuant to the Oklah oma Children’s Code, and ordering whatever
action may be necessa ry, including medical treatment, to protect the
child’s health or welfare;
50. 51. “Permanency hearing” means a hearing by the court
pursuant to Section 1 -4-811 of this title;
51. 52. “Permanent custody” means the court-ordered custody of
an adjudicated deprived child when a parent-child relationship no
longer exists due to terminat ion of parental rights or due to the
death of a parent or parents;
52. 53. “Permanent guardianship ” means a judicially c reated
relationship between a child, a kinship relat ion of the child, or
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other adult established pursuant to the p rovisions of Section 1-4-
709 of this title;
53. 54. “Person responsible for a child ’s health, safety, or
welfare” includes a parent; a legal gua rdian; custodian; a foster
parent; a person eigh teen (18) years of age or older with wh om the
child’s parent cohabitates or any othe r 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 of the Oklahoma St atutes; or
an owner, operator, or employee of a child care facility as defined
by Section 402 of Title 10 of the Oklahoma Statutes;
54. 55. “Plan of safe care” means a plan developed for an
infant with Neonatal Abst inence Syndrome or a Fetal Alcohol Spectrum
Disorder upon releas e from the care of a health care provider that
addresses the health and substance use treatment needs of the infant
and mother or caregiver;
55. 56. “Protective custody” means custody of a c hild taken by
a law enforcement officer or design ated employee of the court
without a court order;
56. 57. “Putative father” means an alleged father as that term
is defined in Section 7700 -102 of Title 10 of the Oklaho ma Statutes;
57. 58. “Qualified residential treatment program” means a
program that:
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a. has a trauma-informed treatment mo del that is designed
to address the needs including clinical needs as
appropriate, of children 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 r equired 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,
(2) are on-site according to the t reatment model
referred to in subparagraph a of this paragraph,
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 th e
child’s best interest, facilitates 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 main tains
contact information for any known biological family o f
the child,
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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 plan ning 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),
(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. 59. “Reasonable and prudent parent stan dard” 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 the emotional and developmental
growth of the child. This standard shall b e 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 definition, the term “caregiver” means a foster
parent with whom a child in fost er care has been placed, a
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representative of a group home where a child has been placed o r a
designated official for a residential child care facility where a
child in foster care has been placed;
59. 60. “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. 61. “Residential child care facility ” means a twenty-four-
hour residential facility where children live together with or are
supervised by adults who ar e not their parents or relatives;
61. 62. “Review hearing” means a hearing by the court pursuant
to Section 1-4-807 of this title;
62. 63. “Risk” means the likelihood that an incident of child
abuse or neglect will occur in th e future;
63. “Safety threat” means the threat of serious harm due to
child abuse or neglect occu rring 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 deat h;
64. “Safety analysis” means action taken by the Department in
response to a report of alleged child abuse or neglect that may
include an assessment or investigation based upon an analysis of the
information received according to pr iority guidelines and other
criteria adopted by the Department;
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65. “Safety evaluation” means evaluation of a child’s situation
by the Department using a structured, evidence -based tool to
determine if the child is subject to a safety threat related to the
child’s physical, developmental, medical, mental, felt safety, or
educational needs;
66. “Safety threat” means the threat of serious harm due to
child abuse or neglect occurring in the present or in the very near
future and without the intervention of a nother person, a chil d would
likely or in all probability sustain severe or permanent disability
or injury, mental or physical illness, or death;
67. “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 physical restraint in order
to control behavior of its residents;
67. 68. “Sibling” means a biologically or legally related
brother or sister of a child . This includes including an individual
who satisfies at least one of the following conditions wit h respect
to a child:
a. the individual is considered by state law to be a
sibling of the child, or
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b. the individual would have been consid ered a sibling
under state law but for a termination or other
disruption of parental rights, such as the death of a
parent;
68. 69. “Specialized foster care” means foster care provided to
a child in a foster h ome or agency-contracted home which:
a. has been certified by the Developmental Disabilities
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. 70. “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 include, but shall not be limited to, such
features as minimal direct staff supervision, and the provision of
supportive services to assist children with activities necessar y for
finding an appropriate place of residence, completing an education
or vocational training, obtaining employment, or obtaining other
similar services;
70. 71. “Temporary custody” means court-ordered custody of an
adjudicated deprived child;
71. 72. “Therapeutic foster family home” means a foster family
home which provides specific treatment se rvices, pursuant to a
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therapeutic foster care contract, which are designed to remedy
social and behavioral problems of a foster child residing in the
home;
72. 73. “Trafficking in persons” means sex trafficking or
severe forms of traf ficking 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, harborin g, transportation,
provision, obtaining, patronizing o r soliciting
of a person for labor or services, through the
use of force, fraud, or coercion for the pu rpose
of subjection to inv oluntary servitude, peonage,
debt bondage, or slaver y;
73. 74. “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 de velop the skills
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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 ind ependent living skills train ing
as a part of the transitional living program; a nd
74. 75. “Voluntary foster care placement” means the temporary
placement of a child by the parent, legal guardian or custodian of
the child in foster care pursuant to a sign ed placement agreement
between the Department or a child -placing agency and the child’s
parent, legal guardian or custodian.
SECTION 2. This act shall become effective November 1, 2023.
59-1-381 TEK 1/18/2023 1:27:14 PM