OK
Oklahoma House Bill HB1100

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1100 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33 Req. No. 10437 Page 1 1
44 2
55 3
66 4
77 5
88 6
99 7
1010 8
1111 9
1212 10
1313 11
1414 12
1515 13
1616 14
1717 15
1818 16
1919 17
2020 18
2121 19
2222 20
2323 21
2424 22
2525 23
2626 24
2727
2828 STATE OF OKLAHOMA
2929
3030 1st Session of the 60th Legislature (2025)
3131
3232 HOUSE BILL 1100 By: Woolley
3333
3434
3535
3636
3737
3838 AS INTRODUCED
3939
4040 An Act relating to children; amending 10A O.S. 2021,
4141 Sections 1-1-105, 1-4-203, 1-4-601, and 1-4-807,
4242 which relate to the Oklahoma Child ren's Code;
4343 modifying term; directing court to conduct hearing;
4444 providing information the court may receive ;
4545 directing court to make determination; directing
4646 court to order immediate release of child if facts do
4747 not demonstrate child is in need of immediat e
4848 protection or in imminent danger; providing that
4949 individual shall be guilty of a felony upon
5050 conviction for failure to comply with court order;
5151 modifying evidentiary standard; providing for the
5252 release of child under certain circumstances;
5353 providing that individual shall be guilty of a felony
5454 upon conviction for failure to comply with statute;
5555 and providing an effective date .
5656
5757
5858
5959
6060
6161
6262
6363
6464 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6565 SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-1-105, is
6666 amended to read as follows:
6767 Section 1-1-105. When used in the Oklahoma Children 's Code,
6868 unless the context otherwise requires:
6969 1. "Abandonment" means:
7070
7171 Req. No. 10437 Page 2 1
7272 2
7373 3
7474 4
7575 5
7676 6
7777 7
7878 8
7979 9
8080 10
8181 11
8282 12
8383 13
8484 14
8585 15
8686 16
8787 17
8888 18
8989 19
9090 20
9191 21
9292 22
9393 23
9494 24
9595
9696 a. the willful intent by words, actions, or omissions not
9797 to return for a child, o r
9898 b. the failure to maintain a significant parental
9999 relationship with a child through visitation or
100100 communication in which incidental or token visits or
101101 communication are not considered significant, or
102102 c. the failure to respond to notice of deprived
103103 proceedings;
104104 2. "Abuse" means harm or threatened harm to the health, safety,
105105 or welfare of a child by a person responsible for the child 's
106106 health, safety, or welfare, including but not limited to
107107 nonaccidental physical or mental injury, sexual abuse, or sexual
108108 exploitation. Provided, however, that nothing contained in the
109109 Oklahoma Children's Code shall prohibit any parent from using
110110 ordinary force as a means of discipline including, but not limited
111111 to, spanking, switching, or paddling.
112112 a. "Harm or threatened ha rm to the health or safety of a
113113 child" means any real or threatened physical, mental,
114114 or emotional injury or damage to the body or mind that
115115 is not accidental including but not limited to sexual
116116 abuse, sexual exploitation, neglect, or dependency.
117117 b. "Sexual abuse" includes but is not limited to rape,
118118 incest, and lewd or indecent acts or proposals made to
119119
120120 Req. No. 10437 Page 3 1
121121 2
122122 3
123123 4
124124 5
125125 6
126126 7
127127 8
128128 9
129129 10
130130 11
131131 12
132132 13
133133 14
134134 15
135135 16
136136 17
137137 18
138138 19
139139 20
140140 21
141141 22
142142 23
143143 24
144144
145145 a child, as defined by law, by a person responsible
146146 for the health, safety, or welfare of the child.
147147 c. "Sexual exploitation" includes but is not limited t o
148148 allowing, permitting, encouraging, or forcing a child
149149 to engage in prostitut ion, as defined by law, by any
150150 person eighteen (18) years of age or older or by a
151151 person responsible for the health, safety, or welfare
152152 of a child, or allowing, permitting, encou raging, or
153153 engaging in the lewd, obscene, or pornographic, as
154154 defined by law, photographing, filming, or depicting
155155 of a child in those acts by a person responsible for
156156 the health, safety, and welfare of the child;
157157 3. "Adjudication" means a finding by the court that the
158158 allegations in a petition alleging that a child is deprived are
159159 supported by a preponderance of the clear and convincing evidence;
160160 4. "Adjudicatory hearing " means a hearing by the court as
161161 provided by Section 1 -4-601 of this title;
162162 5. "Age-appropriate or developmentally appropriate " means:
163163 a. activities or items that are generally accepted as
164164 suitable for children of the same age or level of
165165 maturity or that are determined to be developmentally
166166 appropriate for a child, based on the developm ent of
167167 cognitive, emotional, physical, and behavioral
168168
169169 Req. No. 10437 Page 4 1
170170 2
171171 3
172172 4
173173 5
174174 6
175175 7
176176 8
177177 9
178178 10
179179 11
180180 12
181181 13
182182 14
183183 15
184184 16
185185 17
186186 18
187187 19
188188 20
189189 21
190190 22
191191 23
192192 24
193193
194194 capacities that are typi cal for an age or age group,
195195 and
196196 b. in the case of a specific child, activities or items
197197 that are suitable for that child based on the
198198 developmental stages attained by the child with
199199 respect to the cognitive, emotional, physical, and
200200 behavioral capacities of the specific child.
201201 In the event that any age -related activities have implications
202202 relative to the academic curriculum of a child, nothing in this
203203 paragraph shall be construed to authorize an officer or employee of
204204 the federal government to mandate, dir ect, or control a state or
205205 local educational agency, or the specific instructional content,
206206 academic achievement standards and assessments, curriculum, or
207207 program of instruction of a school;
208208 6. "Assessment" means a comprehensive review of child safety
209209 and evaluation of family functioning and protective capacities that
210210 is conducted in response to a child abuse or neglect referral that
211211 does not allege a serious and immediate safety threat to a child;
212212 7. "Behavioral health" means mental health, substance abu se, or
213213 co-occurring mental health and substance abuse diagnoses, and the
214214 continuum of mental health, substance abuse, or co -occurring mental
215215 health and substance abuse treatment;
216216 8. "Child" means any unmarried person under eighteen (18) years
217217 of age;
218218
219219 Req. No. 10437 Page 5 1
220220 2
221221 3
222222 4
223223 5
224224 6
225225 7
226226 8
227227 9
228228 10
229229 11
230230 12
231231 13
232232 14
233233 15
234234 16
235235 17
236236 18
237237 19
238238 20
239239 21
240240 22
241241 23
242242 24
243243
244244 9. "Child advocacy center " means a center and the
245245 multidisciplinary child abuse team of which it is a member that is
246246 accredited by the National Children 's Alliance or that is comple ting
247247 a sixth year of reaccreditation. Child advocacy centers shall be
248248 classified, based on the child population of a district attorney 's
249249 district, as follows:
250250 a. nonurban centers in districts with child populations
251251 that are less than sixty thousand (60,00 0), and
252252 b. midlevel nonurban centers in districts with child
253253 populations equal to or greater than sixty thousand
254254 (60,000), but not including Oklahoma and Tulsa
255255 Counties;
256256 10. "Child with a disability " means any child who has a
257257 physical or mental impairment which substantially limits one or more
258258 of the major life activities of the ch ild, or who is regarded as
259259 having such an impairment by a competent medical professional;
260260 11. "Child-placing agency" means an agency that arranges for or
261261 places a child in a fos ter family home, family -style living program,
262262 group home, adoptive home, or a successful adulthood program;
263263 12. "Children's emergency resource center " means a community-
264264 based program that may provide emergency care and a safe and
265265 structured homelike envir onment or a host home for children
266266 providing food, clothing, shelter and hygie ne products to each child
267267 served; after-school tutoring; counseling services; life -skills
268268
269269 Req. No. 10437 Page 6 1
270270 2
271271 3
272272 4
273273 5
274274 6
275275 7
276276 8
277277 9
278278 10
279279 11
280280 12
281281 13
282282 14
283283 15
284284 16
285285 17
286286 18
287287 19
288288 20
289289 21
290290 22
291291 23
292292 24
293293
294294 training; transition services; assessments; family reunification;
295295 respite care; transpor tation to or from school, doctors '
296296 appointments, visitations and other social, school, court or other
297297 activities when necessary; and a stable environment for children in
298298 crisis who are in custody of the Department of Human Services if
299299 permitted under the D epartment's policies and regulations, or who
300300 have been voluntarily placed by a parent or custodian during a
301301 temporary crisis;
302302 13. "Community-based services" or "community-based programs"
303303 means services or programs which maintain community participation or
304304 supervision in their planning, operation, and evaluation.
305305 Community-based services and programs may include, but are not
306306 limited to, emergency shelter, crisis intervention, group work, case
307307 supervision, job placement, recruitment and training of voluntee rs,
308308 consultation, medical, educational, home -based services, vocational,
309309 social, preventive and psychological guidance, training, counseling,
310310 early intervention and diversionary substance abuse treatment,
311311 sexual abuse treatment, transitional living, indepe ndent living, and
312312 other related services and programs;
313313 14. "Concurrent permanency planning " means, when indicated, the
314314 implementation of two plans for a child entering foster care. One
315315 plan focuses on reuniting the parent and child; the other seeks to
316316 find a permanent out-of-home placement for the child with both plans
317317 being pursued simultaneously;
318318
319319 Req. No. 10437 Page 7 1
320320 2
321321 3
322322 4
323323 5
324324 6
325325 7
326326 8
327327 9
328328 10
329329 11
330330 12
331331 13
332332 14
333333 15
334334 16
335335 17
336336 18
337337 19
338338 20
339339 21
340340 22
341341 23
342342 24
343343
344344 15. "Court-appointed special advocate " or "CASA" means a
345345 responsible adult volunteer who has been trained and is supervised
346346 by a court-appointed special advoc ate program recognized by the
347347 court, and when appointed by the court, serves as an officer of the
348348 court in the capacity as a guardian ad litem;
349349 16. "Court-appointed special advocate program " means an
350350 organized program, administered by either an independen t, not-for-
351351 profit corporation, a dependent project of an independent, not -for-
352352 profit corporation or a unit of local government, which recruits,
353353 screens, trains, assigns, supervises and supports volunteers to be
354354 available for appointment by the court as gua rdians ad litem;
355355 17. "Custodian" means an individual other than a parent, legal
356356 guardian or Indian custodian, to whom legal custody of the child has
357357 been awarded by the court. As used in this title, the term
358358 "custodian" shall not mean the Department of H uman Services;
359359 18. "Day treatment" means a nonresidential program which
360360 provides intensive services to a child who resides in the child 's
361361 own home, the home of a relative, group home, a foster home or
362362 residential child care facility. Day treatment progra ms include,
363363 but are not limited to, educational services;
364364 19. "Department" means the Department of Human Services;
365365 20. "Dependency" means a child who is homeless or without
366366 proper care or guardianship through no fault of his or her parent,
367367 legal guardian, or custodian;
368368
369369 Req. No. 10437 Page 8 1
370370 2
371371 3
372372 4
373373 5
374374 6
375375 7
376376 8
377377 9
378378 10
379379 11
380380 12
381381 13
382382 14
383383 15
384384 16
385385 17
386386 18
387387 19
388388 20
389389 21
390390 22
391391 23
392392 24
393393
394394 21. "Deprived child" means a child:
395395 a. who is for any reason destitute, homeless, or
396396 abandoned,
397397 b. who does not have the proper parental care or
398398 guardianship,
399399 c. who has been abused, neglected, or is dependent,
400400 d. whose home is an unfit pl ace for the child by reason
401401 of depravity on the part of the parent or legal
402402 guardian of the child, or other person responsible for
403403 the health or welfare of the child,
404404 e. who is a child in need of special care and treatment
405405 because of the child 's physical or mental condition,
406406 and the child's parents, legal guardian, or other
407407 custodian is unable or willfully fails to provide such
408408 special care and treatment. As used in this
409409 paragraph, a child in need of special care and
410410 treatment includes, but is not limited to, a child who
411411 at birth tests positive for alcohol or a controlled
412412 dangerous substance and who, pursuant to a drug or
413413 alcohol screen of the child and an assessment of the
414414 parent, is determined to be at risk of harm or
415415 threatened harm to the health or safe ty of a child,
416416 f. who is a child with a disability deprived of the
417417 nutrition necessary to sustain life or of the medical
418418
419419 Req. No. 10437 Page 9 1
420420 2
421421 3
422422 4
423423 5
424424 6
425425 7
426426 8
427427 9
428428 10
429429 11
430430 12
431431 13
432432 14
433433 15
434434 16
435435 17
436436 18
437437 19
438438 20
439439 21
440440 22
441441 23
442442 24
443443
444444 treatment necessary to remedy or relieve a life -
445445 threatening medical condition in order to cause or
446446 allow the death of the child if such nutrition or
447447 medical treatment is generally provided to similarly
448448 situated children without a disability or children
449449 with disabilities; provided that no medical treatment
450450 shall be necessary if, in the reasonable medical
451451 judgment of the attending physician , such treatment
452452 would be futile in saving the life of the child,
453453 g. who, due to improper parental care and guardianship,
454454 is absent from school as specified in Section 10 -106
455455 of Title 70 of the Oklahoma Statutes, if the child is
456456 subject to compulsory schoo l attendance,
457457 h. whose parent, legal guardian or custodian for good
458458 cause desires to be relieved of custody,
459459 i. who has been born to a parent whose parental rights to
460460 another child have been involuntarily terminated by
461461 the court and the conditions which le d to the making
462462 of the finding, which resulted in the termination of
463463 the parental rights of the parent to the other child,
464464 have not been corrected, or
465465 j. whose parent, legal guardian, or custodian has
466466 subjected another child to abuse or neglect or has
467467 allowed another child to be subjected to abuse or
468468
469469 Req. No. 10437 Page 10 1
470470 2
471471 3
472472 4
473473 5
474474 6
475475 7
476476 8
477477 9
478478 10
479479 11
480480 12
481481 13
482482 14
483483 15
484484 16
485485 17
486486 18
487487 19
488488 20
489489 21
490490 22
491491 23
492492 24
493493
494494 neglect and is currently a respondent in a deprived
495495 proceeding.
496496 Nothing in the Oklahoma Children 's Code shall be construed to
497497 mean a child is deprived for the sole reason the parent, legal
498498 guardian, or person h aving custody or control of a child, in good
499499 faith, selects and depends upon s piritual means alone through
500500 prayer, in accordance with the tenets and practice of a recognized
501501 church or religious denomination, for the treatment or cure of
502502 disease or remedial care of such child.
503503 Evidence of material, educational or cultural disadvantage as
504504 compared to other children shall not be sufficient to prove that a
505505 child is deprived; the state shall prove that the child is deprived
506506 as defined pursuant to this title.
507507 Nothing contained in this paragraph shall prevent a court from
508508 immediately assuming custody of a child and ordering whatever action
509509 may be necessary, including medical treatment, to protect the
510510 child's health or welfare;
511511 22. "Dispositional hearing " means a hearing by the court as
512512 provided by Section 1 -4-706 of this title;
513513 23. "Drug-endangered child" means a child who is at risk of
514514 suffering physical, psychological or sexual harm as a result of the
515515 use, possession, distribution, manufacture or cultivation of
516516 controlled substances, or the attempt of any of these acts, by a
517517 person responsible for the health, safety or welfare of the child,
518518
519519 Req. No. 10437 Page 11 1
520520 2
521521 3
522522 4
523523 5
524524 6
525525 7
526526 8
527527 9
528528 10
529529 11
530530 12
531531 13
532532 14
533533 15
534534 16
535535 17
536536 18
537537 19
538538 20
539539 21
540540 22
541541 23
542542 24
543543
544544 as defined in this section. This term includes circumstances
545545 wherein the substance abuse of the person responsible for the
546546 health, safety or welfare of the child interferes with that person 's
547547 ability to parent and provide a safe and nurturing environment for
548548 the child;
549549 24. "Emergency custody" means the custody of a child prior to
550550 adjudication of the child following issuance o f an order of the
551551 district court pursuant to Section 1 -4-201 of this title or
552552 following issuance of an order of the district court pursuant to an
553553 emergency custody hearing, as specified by Section 1 -4-203 of this
554554 title;
555555 25. "Facility" means a place, an in stitution, a building or
556556 part thereof, a set of buildings, or an area whether or not
557557 enclosing a building or set of buildings used for the lawful custody
558558 and treatment of children;
559559 26. "Failure to protect" means failure to take reasonable
560560 action to remedy or prevent child abuse or neglect, and includes the
561561 conduct of a nonabusing p arent or guardian who knows the identity of
562562 the abuser or the person neglecting the child, but lies, conceals or
563563 fails to report the child abuse or neglect or otherwise take
564564 reasonable action to end the abuse or neglect;
565565 27. "Family-style living program " means a residential program
566566 providing sustained care and supervision to residents in a homelike
567567 environment not located in a building used for commercial activity;
568568
569569 Req. No. 10437 Page 12 1
570570 2
571571 3
572572 4
573573 5
574574 6
575575 7
576576 8
577577 9
578578 10
579579 11
580580 12
581581 13
582582 14
583583 15
584584 16
585585 17
586586 18
587587 19
588588 20
589589 21
590590 22
591591 23
592592 24
593593
594594 28. "Foster care" or "foster care services " means continuous
595595 twenty-four-hour care and supportive services provided for a child
596596 in foster placement including, but not limited to, the care,
597597 supervision, guidance, and rearing of a foster child by the foster
598598 parent;
599599 29. "Foster family home" means the private residence of a
600600 foster parent who provides foster care services to a child. Such
601601 term shall include a nonkinship foster family home, a therapeutic
602602 foster family home, or the home of a relative or other kinship care
603603 home;
604604 30. "Foster parent eligibility assessment " includes a criminal
605605 background investigation including, but not limited to, a national
606606 criminal history records search based upon the submission of
607607 fingerprints, home assessments, and any other assessment req uired by
608608 the Department of Human Services, the Office of Juvenile Affairs, or
609609 any child-placing agency pursuant to the provisions of the Oklahoma
610610 Child Care Facilities Licensing Act;
611611 31. "Guardian ad litem" means a person appointed by the court
612612 pursuant to the provisions of Section 1 -4-306 of this title having
613613 those duties and resp onsibilities as set forth in that section. The
614614 term "guardian ad litem" shall refer to a court -appointed special
615615 advocate as well as to any other person appointed pursuant to th e
616616 provisions of Section 1 -4-306 of this title to serve as a guardian
617617 ad litem;
618618
619619 Req. No. 10437 Page 13 1
620620 2
621621 3
622622 4
623623 5
624624 6
625625 7
626626 8
627627 9
628628 10
629629 11
630630 12
631631 13
632632 14
633633 15
634634 16
635635 17
636636 18
637637 19
638638 20
639639 21
640640 22
641641 23
642642 24
643643
644644 32. "Guardian ad litem of the estate of the child " means a
645645 person appointed by the court to protect the property interests of a
646646 child pursuant to Section 1 -8-108 of this title;
647647 33. "Group home" means a residential facility licensed by the
648648 Department to provide full-time care and community -based services
649649 for more than five but fewer than thirteen children;
650650 34. "Harm or threatened harm to the health or safety of a
651651 child" means any real or threatened physical, mental, or emotional
652652 injury or damage to the body or mind that is not accidental
653653 including, but not limited to, sexual abuse, sexual exploitation,
654654 neglect, or dependency;
655655 35. "Heinous and shocking abuse " includes, but is not limited
656656 to, aggravated physical abuse that results in serious bodily,
657657 mental, or emotional injury. "Serious bodily injury " means injury
658658 that involves:
659659 a. a substantial risk of death,
660660 b. extreme physical pain,
661661 c. protracted disfigurement,
662662 d. a loss or impairment of the function of a body member,
663663 organ, or mental faculty,
664664 e. an injury to an internal or external organ or the
665665 body,
666666 f. a bone fracture,
667667 g. sexual abuse or sexual exploitation,
668668
669669 Req. No. 10437 Page 14 1
670670 2
671671 3
672672 4
673673 5
674674 6
675675 7
676676 8
677677 9
678678 10
679679 11
680680 12
681681 13
682682 14
683683 15
684684 16
685685 17
686686 18
687687 19
688688 20
689689 21
690690 22
691691 23
692692 24
693693
694694 h. chronic abuse including, but not limited to, physical,
695695 emotional, or sexual abuse, or sexual exploitation
696696 which is repeated or continuing,
697697 i. torture that includes, but is not limited to,
698698 inflicting, participating in or assisting in
699699 inflicting intense physical or emotional pain upon a
700700 child repeatedly over a period of t ime for the purpose
701701 of coercing or terrorizing a child or for the purpose
702702 of satisfying the craven, cruel, or prurient desires
703703 of the perpetrator or another person, or
704704 j. any other similar aggravated circumstance;
705705 36. "Heinous and shocking neglect " includes, but is not limited
706706 to:
707707 a. chronic neglect that includes, but is not limite d to,
708708 a persistent pattern of family functioning in which
709709 the caregiver has not met or sustained the basic needs
710710 of a child which results in harm to the child,
711711 b. neglect that has resulted in a diagnosis of the child
712712 as a failure to thrive,
713713 c. an act or failure to act by a parent that results in
714714 the death or near death of a child or sibling, serious
715715 physical or emotional harm, sexual abuse, sexual
716716 exploitation, or presents an immi nent risk of serious
717717 harm to a child, or
718718
719719 Req. No. 10437 Page 15 1
720720 2
721721 3
722722 4
723723 5
724724 6
725725 7
726726 8
727727 9
728728 10
729729 11
730730 12
731731 13
732732 14
733733 15
734734 16
735735 17
736736 18
737737 19
738738 20
739739 21
740740 22
741741 23
742742 24
743743
744744 d. any other similar aggravating circ umstance;
745745 37. "Individualized service plan " means a document written
746746 pursuant to Section 1 -4-704 of this title that has the same meaning
747747 as "service plan" or "treatment plan" where those terms are used in
748748 the Oklahoma Children 's Code;
749749 38. "Infant" means a child who is twelve (12) months of age or
750750 younger;
751751 39. "Institution" means a residential facility offering care
752752 and treatment for more than twenty residents;
753753 40. a. "Investigation" means a response to an allegation of
754754 abuse or neglect that involves a se rious and immediate
755755 threat to the safety of the child, making it necessary
756756 to determine:
757757 (1) the current safety of a child and the risk of
758758 subsequent abuse or neglect, and
759759 (2) whether child abuse or neglect occurred and
760760 whether the family needs prevention - and
761761 intervention-related services.
762762 b. "Investigation" results in a written response stating
763763 one of the following findings:
764764 (1) "substantiated" means the Department has
765765 determined, after an investigation of a report of
766766 child abuse or neglect and based upon some
767767 credible evidence, that child abuse or neglect
768768
769769 Req. No. 10437 Page 16 1
770770 2
771771 3
772772 4
773773 5
774774 6
775775 7
776776 8
777777 9
778778 10
779779 11
780780 12
781781 13
782782 14
783783 15
784784 16
785785 17
786786 18
787787 19
788788 20
789789 21
790790 22
791791 23
792792 24
793793
794794 has occurred. When child abuse or neglect is
795795 substantiated, the Department may recommend:
796796 (a) court intervention if the Depa rtment finds
797797 the health, safety, or welfare of the child
798798 is threatened, or
799799 (b) child abuse and neglect prevention - and
800800 intervention-related services for the child,
801801 parents or persons responsible for the care
802802 of the child if court intervention is not
803803 determined to be necessary,
804804 (2) "unsubstantiated" means the Department has
805805 determined, after an investigation of a report of
806806 child abuse or neglect, that insufficient
807807 evidence exists to fully determine whether child
808808 abuse or neglect has occurred. If child abuse or
809809 neglect is unsubstantiated, the Department may
810810 recommend, when determined to be necessary, that
811811 the parents or persons responsible for the care
812812 of the child obtain child abuse and neglect
813813 prevention- and intervention-related services, or
814814 (3) "ruled out" means a report in which a child
815815 protective services specialist has determine d,
816816 after an investigation of a report of child abuse
817817
818818 Req. No. 10437 Page 17 1
819819 2
820820 3
821821 4
822822 5
823823 6
824824 7
825825 8
826826 9
827827 10
828828 11
829829 12
830830 13
831831 14
832832 15
833833 16
834834 17
835835 18
836836 19
837837 20
838838 21
839839 22
840840 23
841841 24
842842
843843 or neglect, that no child abuse or neglect has
844844 occurred;
845845 41. "Kinship care" means full-time care of a child by a kinship
846846 relation;
847847 42. "Kinship guardianship " means a permanent guardianship as
848848 defined in this section;
849849 43. "Kinship relation" or "kinship relationship " means
850850 relatives, stepparents, or other responsible adults who have a bond
851851 or tie with a child and/or to whom has been ascribed a family
852852 relationship role with the child 's parents or the chil d; provided,
853853 however, in cases where the Indian Child Welfare Act applies, the
854854 definitions contained in 25 U.S.C., Section 1903 shall control;
855855 44. "Mental health facility " means a mental health or substance
856856 abuse treatment facility as defined by the Inpatient Mental Health
857857 and Substance Abuse Treatment of Minors Act;
858858 45. "Minor" means the same as the term "child" as defined in
859859 this section;
860860 46. "Minor in need of treatment " means a child in need of
861861 mental health or substance abuse treatment as defined by the
862862 Inpatient Mental Health and Substance Abuse Treatment of Minors Act;
863863 47. "Multidisciplinary child abuse team " means any team
864864 established pursuant to Section 1 -9-102 of this title of three or
865865 more persons who are trained in the prevention, identification,
866866 investigation, prosecution, and treatment of physical and sexual
867867
868868 Req. No. 10437 Page 18 1
869869 2
870870 3
871871 4
872872 5
873873 6
874874 7
875875 8
876876 9
877877 10
878878 11
879879 12
880880 13
881881 14
882882 15
883883 16
884884 17
885885 18
886886 19
887887 20
888888 21
889889 22
890890 23
891891 24
892892
893893 child abuse and who are qualified to facilitate a broad range of
894894 prevention- and intervention-related services and services related
895895 to child abuse. For purposes of this definition, "freestanding"
896896 means a team not used by a child advocacy center for its
897897 accreditation;
898898 48. "Near death" means a child is in serious or critical
899899 condition, as certified by a physician , as a result of abuse or
900900 neglect;
901901 49. a. "Neglect" means:
902902 (1) the failure or omission to provide any of the
903903 following:
904904 (a) adequate nurturance and affection, food,
905905 clothing, shelter, sanitation, hygiene, or
906906 appropriate education,
907907 (b) medical, dental, or b ehavioral health care,
908908 (c) supervision or appropriate caretakers to
909909 protect the child from harm or threatened
910910 harm of which any reasonable and prudent
911911 person responsible for the child 's health,
912912 safety or welfare would be aware, or
913913 (d) special care made nec essary for the child 's
914914 health and safety by the physical or mental
915915 condition of the child,
916916
917917 Req. No. 10437 Page 19 1
918918 2
919919 3
920920 4
921921 5
922922 6
923923 7
924924 8
925925 9
926926 10
927927 11
928928 12
929929 13
930930 14
931931 15
932932 16
933933 17
934934 18
935935 19
936936 20
937937 21
938938 22
939939 23
940940 24
941941
942942 (2) the failure or omission to protect a child from
943943 exposure to any of the following:
944944 (a) the use, possession, sale, or manufacture of
945945 illegal drugs,
946946 (b) illegal activities, or
947947 (c) sexual acts or materials that are not age -
948948 appropriate, or
949949 (3) abandonment.
950950 b. "Neglect" shall not mean a child who engages in
951951 independent activities, except if the person
952952 responsible for the child 's health, safety or welfare
953953 willfully disregards any harm or threatened harm to
954954 the child, given the child 's level of maturity,
955955 physical condition or mental abilities. Such
956956 independent activities include but are not limited to:
957957 (1) traveling to and from school including by
958958 walking, running or bic ycling,
959959 (2) traveling to and from nearby commercial or
960960 recreational facilities ,
961961 (3) engaging in outdoor play,
962962 (4) remaining at home unattended for a reasonable
963963 amount of time,
964964 (5) remaining in a vehicle if the temperature inside
965965 the vehicle is not or will not become dangerously
966966
967967 Req. No. 10437 Page 20 1
968968 2
969969 3
970970 4
971971 5
972972 6
973973 7
974974 8
975975 9
976976 10
977977 11
978978 12
979979 13
980980 14
981981 15
982982 16
983983 17
984984 18
985985 19
986986 20
987987 21
988988 22
989989 23
990990 24
991991
992992 hot or cold, except under the conditions
993993 described in Section 11 -1119 of Title 47 of the
994994 Oklahoma Statutes, or
995995 (6) engaging in similar activities alone or with
996996 other children.
997997 Nothing in this paragraph shall be construed to mean a ch ild is
998998 abused or neglected for the sole reason the parent, legal guardian
999999 or person having custody or control of a child, in good faith,
10001000 selects and depends upon spiritual means alone through prayer, in
10011001 accordance with the tenets and practice of a recogniz ed church or
10021002 religious denomination, for the treatment or cure of disease or
10031003 remedial care of such child. Nothing contained in this paragraph
10041004 shall prevent a court from immediately assuming custody of a child,
10051005 pursuant to the Oklahoma Children 's Code, and ordering whatever
10061006 action may be necessary, including medical treatment, to pr otect the
10071007 child's health or welfare;
10081008 50. "Permanency hearing" means a hearing by the court pursuant
10091009 to Section 1-4-811 of this title;
10101010 51. "Permanent custody" means the court-ordered custody of an
10111011 adjudicated deprived child when a parent -child relationship no
10121012 longer exists due to termination of parental rights or due to the
10131013 death of a parent or parents;
10141014 52. "Permanent guardianship " means a judicially created
10151015 relationship between a child, a kinship relation of the child, or
10161016
10171017 Req. No. 10437 Page 21 1
10181018 2
10191019 3
10201020 4
10211021 5
10221022 6
10231023 7
10241024 8
10251025 9
10261026 10
10271027 11
10281028 12
10291029 13
10301030 14
10311031 15
10321032 16
10331033 17
10341034 18
10351035 19
10361036 20
10371037 21
10381038 22
10391039 23
10401040 24
10411041
10421042 other adult established pursuant to the provisions of Section 1 -4-
10431043 709 of this title;
10441044 53. "Person responsible for a child 's health, safety, or
10451045 welfare" includes a parent; a legal guardian; custodian; a foster
10461046 parent; a person eighteen (18) years of age or older with whom the
10471047 child's parent cohabitates or any other adult residing in the home
10481048 of the child; an agent or employee of a public or private
10491049 residential home, institution, facility or day treatment program as
10501050 defined in Section 175.20 of Title 10 of the Oklahoma Statutes; or
10511051 an owner, operator, or employee of a child care facility as defined
10521052 by Section 402 of Title 10 of the Oklahoma Statutes;
10531053 54. "Plan of safe care" means a plan developed for an infant
10541054 with Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum
10551055 Disorder upon release from the care of a health care provider that
10561056 addresses the health and substance use treatment needs of the infant
10571057 and mother or caregiver;
10581058 55. "Protective custody" means custody of a child taken by a
10591059 law enforcement officer or designated employee of th e court without
10601060 a court order;
10611061 56. "Putative father" means an alleged father as that term is
10621062 defined in Section 7700 -102 of Title 10 of the Oklahoma Statutes;
10631063 57. "Qualified residential treatment program " means a program
10641064 that:
10651065
10661066 Req. No. 10437 Page 22 1
10671067 2
10681068 3
10691069 4
10701070 5
10711071 6
10721072 7
10731073 8
10741074 9
10751075 10
10761076 11
10771077 12
10781078 13
10791079 14
10801080 15
10811081 16
10821082 17
10831083 18
10841084 19
10851085 20
10861086 21
10871087 22
10881088 23
10891089 24
10901090
10911091 a. has a trauma-informed treatment model that is designed
10921092 to address the needs including clinical needs as
10931093 appropriate, of children with serious emotional or
10941094 behavioral disorders or disturbances and, with respect
10951095 to a child, is able to implement the treatment
10961096 identified for the chil d from a required assessment,
10971097 b. has registered or licensed nursing staff and other
10981098 licensed clinical staff who:
10991099 (1) provide care within the scope of their practice
11001100 as defined by the laws of this state,
11011101 (2) are on-site according to the treatment model
11021102 referred to in subparagraph a of this paragraph,
11031103 and
11041104 (3) are available twenty -four (24) hours a day and
11051105 seven (7) days a week,
11061106 c. to the extent appropriate, and in accordance with th e
11071107 child's best interest, facilitates participation of
11081108 family members in the ch ild's treatment program,
11091109 d. facilitates outreach to the family members of the
11101110 child including siblings, documents how the outreach
11111111 is made including contact information, and main tains
11121112 contact information for any known biological family of
11131113 the child,
11141114
11151115 Req. No. 10437 Page 23 1
11161116 2
11171117 3
11181118 4
11191119 5
11201120 6
11211121 7
11221122 8
11231123 9
11241124 10
11251125 11
11261126 12
11271127 13
11281128 14
11291129 15
11301130 16
11311131 17
11321132 18
11331133 19
11341134 20
11351135 21
11361136 22
11371137 23
11381138 24
11391139
11401140 e. documents how family members are integrated into the
11411141 treatment process for the child including post -
11421142 discharge, and how sibling connections are maintained,
11431143 f. provides discharge plan ning and family-based aftercare
11441144 support for at least six (6) months post -discharge,
11451145 and
11461146 g. is licensed and accredited by any of the following
11471147 independent, not-for-profit organizations:
11481148 (1) The Commission on Accreditation of Rehabilitation
11491149 Facilities (CARF),
11501150 (2) The Joint Commission on Accreditation of
11511151 Healthcare Organizations (JCAHO),
11521152 (3) The Council on Accreditation (COA), or
11531153 (4) any other federally approved independent, not -
11541154 for-profit accrediting organization;
11551155 58. "Reasonable and prudent parent standard " means the standard
11561156 characterized by careful and sensible parental decisions t hat
11571157 maintain the health, safety, and best interests of a child while at
11581158 the same time encouraging the emotional and developmental growth of
11591159 the child. This standard shall be use d by the child's caregiver
11601160 when determining whether to allow a child to participate in
11611161 extracurricular, enrichment, cultural, and social activities. For
11621162 purposes of this definition, the term "caregiver" means a foster
11631163 parent with whom a child in foster ca re has been placed, a
11641164
11651165 Req. No. 10437 Page 24 1
11661166 2
11671167 3
11681168 4
11691169 5
11701170 6
11711171 7
11721172 8
11731173 9
11741174 10
11751175 11
11761176 12
11771177 13
11781178 14
11791179 15
11801180 16
11811181 17
11821182 18
11831183 19
11841184 20
11851185 21
11861186 22
11871187 23
11881188 24
11891189
11901190 representative of a group home where a child has been pl aced or a
11911191 designated official for a residential child care facility where a
11921192 child in foster care has been placed;
11931193 59. "Relative" means a grandparent, great -grandparent, brother
11941194 or sister of whole or half blood, aunt, uncle or any other person
11951195 related to the child;
11961196 60. "Residential child care facility " means a twenty-four-hour
11971197 residential facility where children live together with or are
11981198 supervised by adults who are not their par ents or relatives;
11991199 61. "Review hearing" means a hearing by the court pursuant to
12001200 Section 1-4-807 of this title;
12011201 62. "Risk" means the likelihood that an incident of child abuse
12021202 or neglect will occur in the future;
12031203 63. "Safety threat" means the threat of serious harm due to
12041204 child abuse or neglect occurring in the present or in the very near
12051205 future and without the intervention of another person, a child would
12061206 likely or in all probability sustain severe or permanent disability
12071207 or injury, illness, or death;
12081208 64. "Safety analysis" means action taken by the Department in
12091209 response to a report of alleged child abuse or neglect that may
12101210 include an assessment or investigation based upon an analysis of the
12111211 information received according to priority guidelines and oth er
12121212 criteria adopted by the Department;
12131213
12141214 Req. No. 10437 Page 25 1
12151215 2
12161216 3
12171217 4
12181218 5
12191219 6
12201220 7
12211221 8
12221222 9
12231223 10
12241224 11
12251225 12
12261226 13
12271227 14
12281228 15
12291229 16
12301230 17
12311231 18
12321232 19
12331233 20
12341234 21
12351235 22
12361236 23
12371237 24
12381238
12391239 65. "Safety evaluation" means evaluation of a child 's situation
12401240 by the Department using a structured, evidence -based tool to
12411241 determine if the child is subject to a safety threat;
12421242 66. "Secure facility" means a facility which is designed and
12431243 operated to ensure that all entrances and exits from the facility
12441244 are subject to the exclusive control of the staff of the facility,
12451245 whether or not the juvenile being detained has freedom of movement
12461246 within the perimeter of the fac ility, or a facility which relies on
12471247 locked rooms and buildings, fences, or physical restraint in order
12481248 to control behavior of its residents;
12491249 67. "Sibling" means a biologically or legally related brother
12501250 or sister of a child. This includes an individual who satisfies at
12511251 least one of the following conditions with respect to a child :
12521252 a. the individual is considered by state law to be a
12531253 sibling of the child, or
12541254 b. the individual would have been considered a sibling
12551255 under state law but for a termination or ot her
12561256 disruption of parental rights, such as the death of a
12571257 parent;
12581258 68. "Specialized foster care " means foster care provided to a
12591259 child in a foster home or agency -contracted home which:
12601260 a. has been certified by the Developmental Disabilities
12611261 Services Division of the Department of Human Services,
12621262 b. is monitored by the Division, and
12631263
12641264 Req. No. 10437 Page 26 1
12651265 2
12661266 3
12671267 4
12681268 5
12691269 6
12701270 7
12711271 8
12721272 9
12731273 10
12741274 11
12751275 12
12761276 13
12771277 14
12781278 15
12791279 16
12801280 17
12811281 18
12821282 19
12831283 20
12841284 21
12851285 22
12861286 23
12871287 24
12881288
12891289 c. is funded through the Home - and Community-Based Waiver
12901290 Services Program administered by the Division;
12911291 69. "Successful adulthood program " means a program specifically
12921292 designed to assist a child to enhance those skills and abilities
12931293 necessary for successful adult living. A successful adulthood
12941294 program may include, but shall not be limited to, such features as
12951295 minimal direct staff supervision, and the provision of supportive
12961296 services to assist children with activities necessary for finding an
12971297 appropriate place of residence, completing an education or
12981298 vocational training, obtaining employment, or obtaining other
12991299 similar services;
13001300 70. "Temporary custody" means court-ordered custody of an
13011301 adjudicated deprived child;
13021302 71. "Therapeutic foster family home " means a foster family home
13031303 which provides specific treatment services, pursuant to a
13041304 therapeutic foster care contract, which are designed to remedy
13051305 social and behavioral problems of a foster child residing in the
13061306 home;
13071307 72. "Trafficking in persons " means sex trafficking or severe
13081308 forms of trafficking in persons as described in Section 7102 of
13091309 Title 22 of the United States Code:
13101310 a. "sex trafficking" means the recruitment, harboring,
13111311 transportation, provision, obtaining, patronizing or
13121312
13131313 Req. No. 10437 Page 27 1
13141314 2
13151315 3
13161316 4
13171317 5
13181318 6
13191319 7
13201320 8
13211321 9
13221322 10
13231323 11
13241324 12
13251325 13
13261326 14
13271327 15
13281328 16
13291329 17
13301330 18
13311331 19
13321332 20
13331333 21
13341334 22
13351335 23
13361336 24
13371337
13381338 soliciting of a person for the purpose of a commercial
13391339 sex act, and
13401340 b. "severe forms of trafficking in persons " means:
13411341 (1) sex trafficking in which a commercial sex act is
13421342 induced by force, fraud, or coerci on, or in which
13431343 the person induced to perform such act has not
13441344 attained eighteen (18) years of age, or
13451345 (2) the recruitment, harboring, transportation,
13461346 provision, obtaining, patronizing or soliciting
13471347 of a person for labor or services, through the
13481348 use of force, fraud, or coercion for the purpose
13491349 of subjection to involuntary servitude, peonage,
13501350 debt bondage, or slavery;
13511351 73. "Transitional living program " means a residential program
13521352 that may be attached to an existing facility or operated solely for
13531353 the purpose of assisting children to develop the skills and
13541354 abilities necessary for succe ssful adult living. The program may
13551355 include, but shall not be limited to, reduced staff supervision,
13561356 vocational training, educational services, employment and employment
13571357 training, and other appropriate independent living skills training
13581358 as a part of the transitional living program; and
13591359 74. "Voluntary foster care placement " means the temporary
13601360 placement of a child by the parent, legal guardian or custodian of
13611361 the child in foster care pursuant to a signed placement agreement
13621362
13631363 Req. No. 10437 Page 28 1
13641364 2
13651365 3
13661366 4
13671367 5
13681368 6
13691369 7
13701370 8
13711371 9
13721372 10
13731373 11
13741374 12
13751375 13
13761376 14
13771377 15
13781378 16
13791379 17
13801380 18
13811381 19
13821382 20
13831383 21
13841384 22
13851385 23
13861386 24
13871387
13881388 between the Department or a chil d-placing agency and the child 's
13891389 parent, legal guardian or custodian.
13901390 SECTION 2. AMENDATORY 10A O.S. 2021, Section 1 -4-203, is
13911391 amended to read as follow s:
13921392 Section 1-4-203. A. Within the next two (2) judicial days
13931393 following the child being taken into protective or emergency
13941394 custody, the court shall conduct an emergency custody hearing. At
13951395 the hearing, information may be provided to the court in the form of
13961396 oral or written reports, affidavits or testimony. Any information
13971397 having probative value may be received by the court regardless of
13981398 its admissibility under the Oklahoma Evidence Code. At the hearing
13991399 the court shall:
14001400 1. Determine whether facts exist that are sufficient to
14011401 demonstrate to the court there is reasonable suspicion that the
14021402 child is in need of immediate protection due to abuse or neglect, or
14031403 that the circumstances or surroundings of the child are such that
14041404 continuation of the child in the c hild's home or in the care or
14051405 custody of the parent, legal guardian, or custod ian would present an
14061406 imminent danger to the child;
14071407 2. Advise the parent, legal guardian, or custodian of the child
14081408 in writing of the following:
14091409 a. any right of the parent, legal guardian, or custodian
14101410 to testify and present evidence at court hearings,
14111411
14121412 Req. No. 10437 Page 29 1
14131413 2
14141414 3
14151415 4
14161416 5
14171417 6
14181418 7
14191419 8
14201420 9
14211421 10
14221422 11
14231423 12
14241424 13
14251425 14
14261426 15
14271427 16
14281428 17
14291429 18
14301430 19
14311431 20
14321432 21
14331433 22
14341434 23
14351435 24
14361436
14371437 b. the right to be represented by an attorney at court
14381438 hearings,
14391439 c. the consequences of failure to attend any hearings
14401440 which may be held, and
14411441 d. the right to appeal and procedure fo r appealing an
14421442 order of the court;
14431443 3. Determine custody of the child and orde r one of the
14441444 following:
14451445 a. release of the child to the custody of the child 's
14461446 parent, legal guardian, or custodian from whom the
14471447 child was removed under any conditions the court finds
14481448 reasonably necessary to protect the health, safety, or
14491449 welfare of the child, or
14501450 b. placement of the child in the custody of a responsible
14511451 adult or licensed child -placing agency under any
14521452 conditions the court finds reasonably necessary to
14531453 protect the health, safety, or welfare of the child,
14541454 or
14551455 c. whether to continue the child i n or to place the child
14561456 into the emergency custody of the Department of Human
14571457 Services;
14581458 4. Order the parent, legal guardian, or custodian to complete
14591459 an affidavit listing the na mes, addresses, and phone numbers of any
14601460 parent, whether known or alleged, grandparent, aunt, uncle, brother,
14611461
14621462 Req. No. 10437 Page 30 1
14631463 2
14641464 3
14651465 4
14661466 5
14671467 6
14681468 7
14691469 8
14701470 9
14711471 10
14721472 11
14731473 12
14741474 13
14751475 14
14761476 15
14771477 16
14781478 17
14791479 18
14801480 19
14811481 20
14821482 21
14831483 22
14841484 23
14851485 24
14861486
14871487 sister, half-sibling, and first cousin and any comments concerning
14881488 the appropriateness of the potential placement of the child with the
14891489 relative. If no such relative exists, the court shall require the
14901490 parent, legal guardia n, or custodian to list any other relatives or
14911491 persons with whom the child has had a substantial relationship or
14921492 who may be a suitable placement for the child;
14931493 5. Direct the parent, legal guardian, or custodian to furnish
14941494 the Department with a copy of the child 's birth certificate within
14951495 fifteen (15) days from the hearing if a petition is filed, unless
14961496 otherwise extended by the court; and
14971497 6. In accordance with the safety or well -being of any child,
14981498 determine whether reasonable efforts have been made to:
14991499 a. place siblings, who have been removed, together in the
15001500 same foster care, guardianship, or adoptive placement,
15011501 and
15021502 b. provide for frequent visitation or other ongoing
15031503 interaction in the case of siblings who have been
15041504 removed and who are not placed together.
15051505 B. The office of the State Court Administrator shall create an
15061506 affidavit form and make it available to each court responsible for
15071507 conducting emergency custody hearings. The affidavit form shall
15081508 contain a notice to the parent, legal guardian, or custod ian that
15091509 failure to identify a parent or relative in a timely manner may
15101510 result in the child being permanently placed outside of the home of
15111511
15121512 Req. No. 10437 Page 31 1
15131513 2
15141514 3
15151515 4
15161516 5
15171517 6
15181518 7
15191519 8
15201520 9
15211521 10
15221522 11
15231523 12
15241524 13
15251525 14
15261526 15
15271527 16
15281528 17
15291529 18
15301530 19
15311531 20
15321532 21
15331533 22
15341534 23
15351535 24
15361536
15371537 the child's parent or relative. The affidavit form shall also
15381538 advise the parent, legal guardian, or custodian of the penalties
15391539 associated with perjury and contempt of court. The original
15401540 completed affidavit shall be filed with the court clerk no later
15411541 than five (5) days after the hearing or as otherwise directed by the
15421542 court and a copy shall be provided to the Depart ment.
15431543 C. 1. The Department shall, within thirty (30) days of the
15441544 removal of a child, exercise due diligence to identify relatives.
15451545 Notice shall be provided by the Department t o the following adult
15461546 relatives: all grandparents, all parents of a sibling of the child,
15471547 where the parent has legal custody of the sibling, and other adult
15481548 relatives of the child, including relatives suggested by the
15491549 parents, as the court directs. The no tice shall advise the
15501550 relatives:
15511551 a. the child has been or is being removed fro m the
15521552 custody of the parent or parents of the child,
15531553 b. of the options under applicable law to participate in
15541554 the care and placement of the child, including any
15551555 options that may be lost by failing to respond to the
15561556 notice, and
15571557 c. of the requirements to become a foster family home and
15581558 the additional services and supports available for
15591559 children placed in the home.
15601560
15611561 Req. No. 10437 Page 32 1
15621562 2
15631563 3
15641564 4
15651565 5
15661566 6
15671567 7
15681568 8
15691569 9
15701570 10
15711571 11
15721572 12
15731573 13
15741574 14
15751575 15
15761576 16
15771577 17
15781578 18
15791579 19
15801580 20
15811581 21
15821582 22
15831583 23
15841584 24
15851585
15861586 2. Relatives shall not be notified if notification would not be
15871587 in the best interests of a child due to past or current family or
15881588 domestic violence. The Department may promulgate rules in
15891589 furtherance of the provisions of this subsection.
15901590 D. 1. After fifteen (15) days following the child being taken
15911591 into protective or em ergency custody, the court shall conduct a
15921592 review hearing. At the hearing, information shall be provided to
15931593 the court and may be in the form of oral or written reports,
15941594 affidavits, or testimony. All discussions or exchanges within the
15951595 hearing shall be recorded, documented, and kept by the court unless
15961596 the records of the accused ar e expunged. Any information having
15971597 probative value shall be received by the court regardless of its
15981598 admissibility under the Oklahoma Evidence Code. At the hearing, the
15991599 court shall determine whether facts exist that are proven to be true
16001600 with clear and convincing evidence, not opinion or hearsay, and that
16011601 are sufficient to demonstrate to the court there is clear and
16021602 convincing evidence that the child is in need of continued
16031603 protection due to abuse or neglect, or that the circumstances or
16041604 surroundings of the child are such that continuation of the child in
16051605 the child's home or in the care or custody of the parent, legal
16061606 guardian, or custodian would present an imminent danger to the
16071607 child.
16081608 2. If the court determines that facts do not demonstrate there
16091609 is clear and convincing evidence of abuse and that the child is not
16101610
16111611 Req. No. 10437 Page 33 1
16121612 2
16131613 3
16141614 4
16151615 5
16161616 6
16171617 7
16181618 8
16191619 9
16201620 10
16211621 11
16221622 12
16231623 13
16241624 14
16251625 15
16261626 16
16271627 17
16281628 18
16291629 19
16301630 20
16311631 21
16321632 22
16331633 23
16341634 24
16351635
16361636 in need of continued protection due to abuse or neglect, or that
16371637 there is clear and convincing evidence that the circumstances or
16381638 surroundings of the child are such that continuation of the child in
16391639 the child's home or in the care or custody of the parent, legal
16401640 guardian, or custodian would not present an imminent danger to the
16411641 child, the court shall order the release of the child to the custody
16421642 of the child's parent, legal guardian, or custodian from whom the
16431643 child was removed under any conditions the state can prove with
16441644 clear and convincing evidence is necessary to protect the health,
16451645 safety, or welfare of the child within forty-eight (48) hours. The
16461646 court shall also order that all records, in any form, of all alleged
16471647 complaints or crimes be expunged from the accused's record.
16481648 E. If the court orders the release of the child to the custody
16491649 of the child's parent, legal guardian, or custodian from whom the
16501650 child was removed, pursuant to paragraph 2 of subsection D of this
16511651 section, and the Department fails to release the child, the employee
16521652 who was responsible for the release of that child shall be guilty of
16531653 a felony upon conviction, pursuant to Section 741 of Title 21 of the
16541654 Oklahoma Statutes.
16551655 SECTION 3. AMENDATORY 10A O.S. 2021, Section 1 -4-601, is
16561656 amended to read as follows:
16571657 Section 1-4-601. A. The court shall hold an adjudication
16581658 hearing following the filing of a petition alleging that a child is
16591659 deprived. The hearing shall be held not more than ninety (90)
16601660
16611661 Req. No. 10437 Page 34 1
16621662 2
16631663 3
16641664 4
16651665 5
16661666 6
16671667 7
16681668 8
16691669 9
16701670 10
16711671 11
16721672 12
16731673 13
16741674 14
16751675 15
16761676 16
16771677 17
16781678 18
16791679 19
16801680 20
16811681 21
16821682 22
16831683 23
16841684 24
16851685
16861686 calendar days following the filing of the petition. The child and
16871687 the child's parents, guardian, or other legal custodian shall be
16881688 entitled to not less than twenty (20) days ' prior notice of the
16891689 hearing.
16901690 B. 1. The child shall be released from emergency custody in
16911691 the event the adjudication hearing is delayed beyond ninety (90)
16921692 days from the date the petition is filed unless the court iss ues a
16931693 written order with findings of fact supporting a determination that:
16941694 a. there exists reasonable suspicion that the health,
16951695 safety, or welfare of the child would be in imminent
16961696 danger if the child were returned to the home, and
16971697 b. there exists either an exceptional circumstance to
16981698 support the continuance of the child in emergen cy
16991699 custody or the parties and the guardian ad litem, if
17001700 any, agree to such continuance.
17011701 2. If the adjudicatory hearing is delayed pursuant to this
17021702 subsection, the emergency cust ody order shall expire unless the
17031703 hearing on the merits of the petition is held within one hundred
17041704 eighty (180) days after the actual removal of the child.
17051705 C. The release of a child from emergency custody due to the
17061706 failure of an adjudication hearing bein g held within the time frame
17071707 prescribed by this section shall not deprive the court of
17081708 jurisdiction over the child and the parties or authority to enter
17091709 temporary orders the court deems necessary to provide for the
17101710
17111711 Req. No. 10437 Page 35 1
17121712 2
17131713 3
17141714 4
17151715 5
17161716 6
17171717 7
17181718 8
17191719 9
17201720 10
17211721 11
17221722 12
17231723 13
17241724 14
17251725 15
17261726 16
17271727 17
17281728 18
17291729 19
17301730 20
17311731 21
17321732 22
17331733 23
17341734 24
17351735
17361736 health, safety, and welfare of the child pending the hearing on the
17371737 petition.
17381738 D. At the adjudication hearing, if the court finds that it is
17391739 in the best interest of the child, the court shall:
17401740 1. Accept a stipulation by the child 's parent, guardian, or
17411741 other legal custodian that the facts allege d in the petition are
17421742 true and correct;
17431743 2. Accept a stipulation by the child 's parent, guardian, or
17441744 other legal custodian that if the state presented its evidence
17451745 supporting the truth of the factual allegations in the petition to a
17461746 court of competent juri sdiction, such evidence would be sufficient
17471747 to meet the state's burden of proving by a preponderance of the
17481748 clear and convincing evidence that the factual allegations are true
17491749 and correct; or
17501750 3. Conduct a nonjury trial to determine whether the state has
17511751 met its burden of proving by a preponderance of the clear and
17521752 convincing evidence that the factual allegations in the petition are
17531753 true and correct.
17541754 E. 1. A decision determining a child to be deprived in a
17551755 nonjury trial shall be based on sworn testimony.
17561756 2. The child, as a party to the proceeding, shall be given the
17571757 opportunity to cross -examine witnesses and to present a case in
17581758 chief if desired.
17591759
17601760 Req. No. 10437 Page 36 1
17611761 2
17621762 3
17631763 4
17641764 5
17651765 6
17661766 7
17671767 8
17681768 9
17691769 10
17701770 11
17711771 12
17721772 13
17731773 14
17741774 15
17751775 16
17761776 17
17771777 18
17781778 19
17791779 20
17801780 21
17811781 22
17821782 23
17831783 24
17841784
17851785 SECTION 4. AMENDATORY 10A O.S. 2021, Section 1 -4-807, is
17861786 amended to read as follows:
17871787 Section 1-4-807. A. 1. Every case regarding a child alleged
17881788 or adjudicated to be deprived shall be reviewed by the court at a
17891789 hearing no later than six (6) months from the date of the child 's
17901790 removal from the home and at least once every six (6) months
17911791 thereafter until permanency is achieved or the court otherwise
17921792 terminates jurisdiction except as otherwise set forth in paragraph 2
17931793 of this subsection. A review hearing may be held concurrently with
17941794 a permanency hearing.
17951795 2. When the Department of Human Services has documented a
17961796 compelling reason why a petition to terminate parent al rights to a
17971797 child is not in the best interests of the child that is based upon a
17981798 consideration that the child is presently not capable of functioning
17991799 in a family setting, the court shall reevaluate the status of the
18001800 child every ninety (90) days until there is a final determination
18011801 that the child cannot be placed in a family setting.
18021802 3. At any time during the pendency of the case, any party may
18031803 request the court to review the c ase. If granted, the requesting
18041804 party shall serve notice on all parties of th e date and time of the
18051805 hearing.
18061806 B. If a foster parent, group home, preadoptive parent, or
18071807 relative is currently providing care for a child, the Department
18081808 shall give the foster parent, group home, preadoptive parent, or
18091809
18101810 Req. No. 10437 Page 37 1
18111811 2
18121812 3
18131813 4
18141814 5
18151815 6
18161816 7
18171817 8
18181818 9
18191819 10
18201820 11
18211821 12
18221822 13
18231823 14
18241824 15
18251825 16
18261826 17
18271827 18
18281828 19
18291829 20
18301830 21
18311831 22
18321832 23
18331833 24
18341834
18351835 relative notice of a proceeding concerning the child. A foster
18361836 parent, group home representative, preadoptive parent, or relative
18371837 providing care for a child has the right to be heard at the
18381838 proceeding. Except wh en allowed to intervene, the foster parent,
18391839 group home, preadoptive parent, or relative providing care for the
18401840 child is not considered a party to the juvenile court proceeding
18411841 solely because of notice and the right to be heard at the
18421842 proceeding.
18431843 C. The court shall receive all evidence helpful in deciding the
18441844 issues before the court including, but not limited to, oral and
18451845 written reports, which may be admitted and relied upon to the extent
18461846 of their probative value, even though not competent for purposes of
18471847 an adjudicatory hearing. All service provider progress reports and
18481848 critical incident reports shall be submitted to the court and shall
18491849 also be delivered to the district attorney, the attorney or
18501850 attorneys representing the parents or group home, the child 's
18511851 attorney and guardian ad litem, if applicable, and the relevant
18521852 tribe or tribes, if applicable.
18531853 D. At each review hearing the court shall:
18541854 1. Determine and include the following in its orders:
18551855 a. whether the individualized service plan, services, and
18561856 placement meet the special needs and best interests of
18571857 the child with the child 's health, safety, and
18581858 educational needs specifically addressed,
18591859
18601860 Req. No. 10437 Page 38 1
18611861 2
18621862 3
18631863 4
18641864 5
18651865 6
18661866 7
18671867 8
18681868 9
18691869 10
18701870 11
18711871 12
18721872 13
18731873 14
18741874 15
18751875 16
18761876 17
18771877 18
18781878 19
18791879 20
18801880 21
18811881 22
18821882 23
18831883 24
18841884
18851885 b. whether there is a need for the continued placement of
18861886 the child,
18871887 c. whether the current permanency plan for t he child
18881888 remains the appropriate plan to meet the health,
18891889 safety, and best interests of the child,
18901890 d. whether the services set forth in the individualized
18911891 service plan and the responsibilities of the parties
18921892 need to be clarified or modified due to the
18931893 availability of additional information or changed
18941894 circumstances or as the court de termines to be in the
18951895 best interests of the child and necessary for the
18961896 correction of the conditions that led to the
18971897 adjudication of the child,
18981898 e. whether the terms of visitation need to be modified,
18991899 including the visitation with siblings if separated,
19001900 f. the time frame that should be followed to achieve
19011901 reunification or other permanent plan for the child,
19021902 g. whether reasonable efforts have been made to provide
19031903 for the safe return of the child to the child 's own
19041904 home. If the court determines or has previou sly
19051905 determined that reasonable efforts are not required
19061906 pursuant to the provisions of Section 1 -4-809 of this
19071907 title, or that continuation of reasonable efforts to
19081908 reunite the child with the child's family is
19091909
19101910 Req. No. 10437 Page 39 1
19111911 2
19121912 3
19131913 4
19141914 5
19151915 6
19161916 7
19171917 8
19181918 9
19191919 10
19201920 11
19211921 12
19221922 13
19231923 14
19241924 15
19251925 16
19261926 17
19271927 18
19281928 19
19291929 20
19301930 21
19311931 22
19321932 23
19331933 24
19341934
19351935 inconsistent with the permanency plan for the child,
19361936 the court shall determine if reasonable efforts are
19371937 being made to place the child in a timely manner in
19381938 accordance with the permanency plan and determine the
19391939 steps necessary to finalize permanency for the child,
19401940 h. where appropriate, when the child is fourteen (14)
19411941 years of age or older, whether services are being
19421942 provided that will assist the child in making the
19431943 transition from foster care to a successful adulthood.
19441944 The court shall inquire or cause inquiry to be made of
19451945 the child regarding any proposed independent living
19461946 plan,
19471947 i. whether the nature and extent of services being
19481948 provided the child and parent or parents of the child
19491949 are adequate and shall order that additional services
19501950 be provided or studies, assessments, or evaluations be
19511951 conducted, if necessary, to ensure the safety of the
19521952 child and to protect the child from further physical,
19531953 mental, or emotional harm, or to correct the
19541954 conditions that led to the adjudication,
19551955 j. whether, in accordance with the safety or well -being
19561956 of any child, reasonable efforts have been made to:
19571957
19581958 Req. No. 10437 Page 40 1
19591959 2
19601960 3
19611961 4
19621962 5
19631963 6
19641964 7
19651965 8
19661966 9
19671967 10
19681968 11
19691969 12
19701970 13
19711971 14
19721972 15
19731973 16
19741974 17
19751975 18
19761976 19
19771977 20
19781978 21
19791979 22
19801980 23
19811981 24
19821982
19831983 (1) place siblings, who have been removed, together
19841984 in the same foster care, guardianship, or
19851985 adoptive placement, and
19861986 (2) provide for frequent visi tation or other ongoing
19871987 interaction in the case of siblings who have been
19881988 removed and who are not placed together, and
19891989 k. whether, during the ninety -day period immediately
19901990 prior to the date on which the child in the custody of
19911991 the Department will attain ei ghteen (18) years of age,
19921992 the Department and, as appropriate, other
19931993 representatives of the child are providing the child
19941994 with assistance and support in developing an
19951995 appropriate transition plan that is personalized at
19961996 the direction of the child, that inclu des specific
19971997 options on housing, health insurance, education, local
19981998 opportunities for mentors and continuing support
19991999 services, and work force supports and employment
20002000 services, and is as detailed as the child may elect;
20012001 2. Consider in-state and out-of-state placement options for the
20022002 child; and
20032003 3. Determine the safety of the child and consider fully all
20042004 relevant prior and current information including, but not limited
20052005 to, the report or reports submitted pursuant to Sections 1 -4-805 and
20062006 1-4-808 of this title.
20072007
20082008 Req. No. 10437 Page 41 1
20092009 2
20102010 3
20112011 4
20122012 5
20132013 6
20142014 7
20152015 8
20162016 9
20172017 10
20182018 11
20192019 12
20202020 13
20212021 14
20222022 15
20232023 16
20242024 17
20252025 18
20262026 19
20272027 20
20282028 21
20292029 22
20302030 23
20312031 24
20322032
20332033 E. In making its findings, the court shall consider the
20342034 following:
20352035 1. Whether compliance with the individualized service plan has
20362036 occurred, including whether the Department has provided care that is
20372037 consistent with the health, safety, and educational n eeds of the
20382038 child while in an out -of-home placement;
20392039 2. Whether the Department is taking appropriate steps to ensure
20402040 that the foster family follows the reasonable and prudent parent
20412041 standard and whether the child has regular opportunities to engage
20422042 in age-appropriate or developmentally appropriate activities;
20432043 3. The extent of prog ress that has been made toward alleviating
20442044 or correcting the conditions that caused the child to be adjudicated
20452045 deprived;
20462046 4. Whether the child should be returned to a parent or parents
20472047 and whether or not the health, safety, and welfare of the child can
20482048 be protected by a parent or parents if returned home; and
20492049 5. An appropriate permanency plan for the child, including
20502050 concurrent planning when applicable, pursuant to Section 1 -4-706 of
20512051 this title; provided, a permanency plan for a planned alternative
20522052 permanent placement shall be limited to a child age sixteen (16) or
20532053 older.
20542054 F. If the court fails to conduct a review hearing at least once
20552055 every six (6) months from the date of the ch ild's removal from the
20562056 home, pursuant to subsection A of this section, the child shall be
20572057
20582058 Req. No. 10437 Page 42 1
20592059 2
20602060 3
20612061 4
20622062 5
20632063 6
20642064 7
20652065 8
20662066 9
20672067 10
20682068 11
20692069 12
20702070 13
20712071 14
20722072 15
20732073 16
20742074 17
20752075 18
20762076 19
20772077 20
20782078 21
20792079 22
20802080 23
20812081 24
20822082
20832083 released to the custody of the child 's parent, legal guardian, or
20842084 custodian from whom the child was removed.
20852085 G. Any employee of the Department who fails to comply wi th
20862086 subsection F of this section shall be guilty of a felony upon
20872087 conviction, pursuant to Section 741 of Title 21 of the Oklahoma
20882088 Statutes.
20892089 SECTION 5. This act shall become effective November 1, 2025.
20902090
20912091 60-1-10437 CMA 01/03/25