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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1100 By: Woolley
AS INTRODUCED
An Act relating to children; amending 10A O.S. 2021,
Sections 1-1-105, 1-4-203, 1-4-601, and 1-4-807,
which relate to the Oklahoma Child ren's Code;
modifying term; directing court to conduct hearing;
providing information the court may receive ;
directing court to make determination; directing
court to order immediate release of child if facts do
not demonstrate child is in need of immediat e
protection or in imminent danger; providing that
individual shall be guilty of a felony upon
conviction for failure to comply with court order;
modifying evidentiary standard; providing for the
release of child under certain circumstances;
providing that individual shall be guilty of a felony
upon conviction for failure to comply with statute;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, 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:
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a. the willful intent by words, actions, or omissions not
to return for a child, o r
b. the failure to maintain a significant parental
relationship with a child through visitation or
communication in which incidental or token visits or
communication are not considered significant, or
c. the failure to respond to notice of deprived
proceedings;
2. "Abuse" means harm or threatened harm to the health, safety,
or welfare of a child by a person responsible for the child 's
health, safety, or welfare, including but not limited to
nonaccidental physical or mental injury, sexual abuse, or sexual
exploitation. Provided, however, that nothing contained in the
Oklahoma Children's Code shall prohibit any parent from using
ordinary force as a means of discipline including, but not limited
to, spanking, switching, or paddling.
a. "Harm or threatened ha rm 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.
b. "Sexual abuse" includes but is not limited to rape,
incest, and lewd or indecent acts or proposals made to
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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 t o
allowing, permitting, encouraging, or forcing a child
to engage in prostitut ion, as defined by law, by any
person eighteen (18) years of age or older or by a
person responsible for the health, safety, or welfare
of a child, or allowing, permitting, encou raging, or
engaging in the lewd, obscene, or pornographic, as
defined by law, photographing, 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 petition alleging that a child is deprived are
supported by a preponderance of the clear and convincing 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 the developm ent of
cognitive, emotional, physical, and behavioral
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capacities that are typi cal 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
the federal government to mandate, dir ect, or control a state or
local educational agency, or the specific instructional content,
academic achievement standards and assessments, curriculum, or
program of instruction of a school;
6. "Assessment" means a comprehensive review of child safety
and evaluation of family functioning and protective capacities that
is conducted in response to a child abuse or neglect referral that
does not allege a serious and immediate safety threat to a child;
7. "Behavioral health" means mental health, substance abu se, or
co-occurring mental health 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 (18) years
of age;
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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 comple ting
a sixth year of reaccreditation. Child advocacy centers shall be
classified, based on the child population of a district attorney 's
district, as follows:
a. nonurban centers in districts with child populations
that are less than sixty thousand (60,00 0), and
b. midlevel nonurban centers in districts with child
populations equal to or greater than sixty thousand
(60,000), but not including Oklahoma and Tulsa
Counties;
10. "Child with a disability " means any child who has a
physical or mental impairment which substantially limits one or more
of the major life activities of the ch ild, 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 fos ter 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 envir onment or a host home for children
providing food, clothing, shelter and hygie ne products to each child
served; after-school tutoring; counseling services; life -skills
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training; transition services; assessments; family reunification;
respite care; transpor tation to or from school, doctors '
appointments, visitations 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 D epartment'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 participation or
supervision in their planning, operation, and evaluation.
Community-based services and programs may include, but are not
limited to, emergency shelter, crisis intervention, group work, case
supervision, job placement, recruitment and training of voluntee rs,
consultation, medical, educational, home -based services, vocational,
social, preventive and psychological guidance, training, counseling,
early intervention and diversionary substance abuse treatment,
sexual abuse treatment, transitional living, indepe ndent 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 seeks to
find a permanent out-of-home placement for the child with both plans
being pursued simultaneously;
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15. "Court-appointed special advocate " or "CASA" means a
responsible adult volunteer who has been trained and is supervised
by a court-appointed special advoc ate program recognized by the
court, and when appointed by 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 independen t, not-for-
profit corporation, a dependent project of an independent, not -for-
profit corporation or a unit of local government, which recruits,
screens, trains, assigns, supervises and supports volunteers to be
available for appointment by the court as gua rdians ad litem;
17. "Custodian" means an individual other than a parent, legal
guardian or Indian custodian, to whom legal custody of the child has
been awarded by the court. As used in this title, the term
"custodian" shall not mean the Department of H uman Services;
18. "Day treatment" means a nonresidential program which
provides intensive services to a child who resides in the child 's
own home, the home of a relative, group home, a foster home or
residential child care facility. Day treatment progra ms include,
but are not limited to, educational services;
19. "Department" means the Department of Human Services;
20. "Dependency" means a child who is homeless or without
proper care or guardianship through no fault of his or her parent,
legal guardian, or custodian;
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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 pl ace for the child by reason
of depravity on the part of the parent or legal
guardian of the child, or other person responsible for
the health or welfare of the child,
e. who is a child in need of special care and treatment
because of the child 's physical or mental condition,
and the child's parents, legal guardian, or other
custodian is unable or willfully fails to provide such
special care and treatment. As used in this
paragraph, a child in need of special care and
treatment includes, but is not limited to, a child who
at birth tests positive for alcohol or a controlled
dangerous substance and who, pursuant to a drug or
alcohol screen of the child and an assessment of the
parent, is determined to be at risk of harm or
threatened harm to the health or safe ty of a child,
f. who is a child with a disability deprived of the
nutrition necessary to sustain life or of the medical
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treatment necessary to remedy or relieve a life -
threatening medical condition in order to cause or
allow the death of the child if such nutrition or
medical treatment is generally provided to similarly
situated children without a disability or children
with disabilities; provided that no medical treatment
shall be necessary if, in the reasonable medical
judgment of the attending physician , such treatment
would be futile in saving the life of the child,
g. who, due to improper parental care and guardianship,
is absent from school as specified in Section 10 -106
of Title 70 of the Oklahoma Statutes, if the child is
subject to compulsory schoo l attendance,
h. whose parent, legal guardian or custodian for good
cause desires to be relieved of custody,
i. who has been born to a parent whose parental rights to
another child have been involuntarily terminated by
the court and the conditions which le d to the making
of the finding, which resulted in the termination of
the parental rights of the parent to the other child,
have not been corrected, or
j. whose parent, legal guardian, or custodian has
subjected another child to abuse or neglect or has
allowed another child to be subjected to abuse or
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neglect and is currently a respondent in a deprived
proceeding.
Nothing in the Oklahoma Children 's Code shall be construed to
mean a child is deprived for the sole reason the parent, legal
guardian, or person h aving custody or control of a child, in good
faith, selects and depends upon s piritual means alone through
prayer, in accordance with the tenets and practice of a recognized
church or religious denomination, for the treatment or cure of
disease or remedial care of such child.
Evidence of material, educational 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 prevent a court from
immediately assuming custody of a child and ordering whatever action
may be necessary, including medical treatment, to protect the
child's health or welfare;
22. "Dispositional hearing " means a hearing by the court as
provided by Section 1 -4-706 of this title;
23. "Drug-endangered child" means a child who is at risk of
suffering physical, psychological or sexual harm as a result of the
use, possession, distribution, manufacture or cultivation of
controlled substances, or the attempt of any of these acts, by a
person responsible for the health, safety or welfare of the child,
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as defined in this section. This term includes circumstances
wherein the substance abuse of the person responsible for the
health, safety or welfare of the child interferes with that person 's
ability to parent and provide a safe and nurturing environment for
the child;
24. "Emergency custody" means the custody of a child prior to
adjudication of the child following issuance o f an order of the
district court pursuant to Section 1 -4-201 of this title or
following issuance of an order of the district court pursuant to an
emergency custody hearing, as specified by Section 1 -4-203 of this
title;
25. "Facility" means a place, an in stitution, 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 p arent or guardian who knows the identity of
the abuser or the person neglecting the child, but lies, conceals or
fails to report the child abuse or neglect or otherwise take
reasonable action to end the abuse or neglect;
27. "Family-style living program " means a residential program
providing sustained care and supervision to residents in a homelike
environment not located in a building used for commercial activity;
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28. "Foster care" or "foster care services " means continuous
twenty-four-hour care and supportive services provided for a child
in foster placement including, but not limited to, the care,
supervision, guidance, and rearing of a foster child by the foster
parent;
29. "Foster family home" means the private residence of a
foster parent who provides 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. "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 req uired by
the Department of Human Services, the Office of Juvenile Affairs, or
any child-placing agency pursuant to the provisions of the Oklahoma
Child Care Facilities Licensing Act;
31. "Guardian ad litem" means a person appointed by the court
pursuant to the provisions of Section 1 -4-306 of this title having
those duties and resp onsibilities as set forth in that section. The
term "guardian ad litem" shall refer to a court -appointed special
advocate as well as to any other person appointed pursuant to th e
provisions of Section 1 -4-306 of this title to serve as a guardian
ad litem;
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32. "Guardian ad litem of the estate of the child " means a
person appointed by the court to protect the property interests of a
child pursuant to Section 1 -8-108 of this title;
33. "Group home" means a residential facility licensed by the
Department to provide full-time care and community -based services
for more than five but fewer than thirteen children;
34. "Harm or threatened harm to the health or safety of a
child" means any real or threatened 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. "Heinous and shocking abuse " includes, but is not limited
to, aggravated physical abuse that results in serious bodily,
mental, or emotional injury. "Serious bodily injury " means injury
that involves:
a. a substantial risk of death,
b. extreme physical pain,
c. protracted disfigurement,
d. a loss or impairment of the function of a body member,
organ, or mental faculty,
e. an injury to an internal or external organ or the
body,
f. a bone fracture,
g. sexual abuse or sexual exploitation,
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h. chronic abuse including, but not limited to, physical,
emotional, or sexual abuse, or sexual exploitation
which is repeated or continuing,
i. torture that includes, but is not limited to,
inflicting, participating in or assisting in
inflicting intense physical or emotional pain upon a
child repeatedly over a period of t ime for the purpose
of coercing or terrorizing a child or for the purpose
of satisfying the craven, cruel, or prurient desires
of the perpetrator or another person, or
j. any other similar aggravated circumstance;
36. "Heinous and shocking neglect " includes, but is not limited
to:
a. chronic neglect that includes, but is not limite d to,
a persistent pattern of family functioning in which
the caregiver has not met or sustained the basic needs
of a child which results in harm to the child,
b. neglect that has resulted in a diagnosis of the child
as a failure to thrive,
c. an act or failure to act by a parent that results in
the death or near death of a child or sibling, serious
physical or emotional harm, sexual abuse, sexual
exploitation, or presents an immi nent risk of serious
harm to a child, or
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d. any other similar aggravating circ umstance;
37. "Individualized service plan " means a document written
pursuant to Section 1 -4-704 of this title that has the same meaning
as "service plan" or "treatment plan" where those terms are used in
the Oklahoma Children 's Code;
38. "Infant" means a child who is twelve (12) months of age or
younger;
39. "Institution" means a residential facility offering care
and treatment for more than twenty residents;
40. a. "Investigation" means a response to an allegation of
abuse or neglect that involves a se rious and immediate
threat to the safety of the child, making it necessary
to determine:
(1) the current safety of a child and the risk of
subsequent abuse or neglect, and
(2) whether child abuse or neglect occurred and
whether the family needs prevention - and
intervention-related services.
b. "Investigation" results in a written response stating
one of the following findings:
(1) "substantiated" means the Department has
determined, after an investigation of a report of
child abuse or neglect and based upon some
credible evidence, that child abuse or neglect
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has occurred. When child abuse or neglect is
substantiated, the Department may recommend:
(a) court intervention if the Depa rtment finds
the health, safety, or welfare of the child
is threatened, or
(b) child abuse and neglect prevention - and
intervention-related services for the child,
parents or persons 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 neglect, 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 necessary, 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 specialist has determine d,
after an investigation of a report of child abuse
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or neglect, that no child abuse or neglect has
occurred;
41. "Kinship care" means full-time care of a child by a kinship
relation;
42. "Kinship guardianship " means a permanent guardianship as
defined in this section;
43. "Kinship relation" or "kinship relationship " means
relatives, stepparents, or other responsible adults who have a bond
or tie with a child and/or to whom has been ascribed a family
relationship role with the child 's parents or the chil d; provided,
however, in cases where the Indian Child Welfare Act applies, the
definitions contained in 25 U.S.C., Section 1903 shall control;
44. "Mental health facility " means a mental health or substance
abuse treatment facility as defined by the Inpatient Mental Health
and Substance Abuse Treatment of Minors Act;
45. "Minor" means the same as the term "child" as defined in
this section;
46. "Minor in need of treatment " means a child in need of
mental health or substance abuse treatment as defined by the
Inpatient Mental Health and Substance Abuse Treatment of Minors Act;
47. "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 physical 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 used by a child advocacy center for its
accreditation;
48. "Near death" means a child is in serious or critical
condition, as certified by a physician , as a result of abuse or
neglect;
49. a. "Neglect" means:
(1) the failure or omission to provide any of the
following:
(a) adequate nurturance and affection, food,
clothing, shelter, sanitation, hygiene, or
appropriate education,
(b) medical, dental, or b ehavioral 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 nec essary 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 to 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 welfare
willfully disregards any harm or threatened harm to
the child, given the child 's level of maturity,
physical condition or mental abilities. Such
independent activities include but are not limited to:
(1) traveling to and from school including by
walking, running or bic ycling,
(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 be construed to mean a ch ild is
abused or neglected for the sole reason the parent, legal guardian
or person having custody or control of a child, in good faith,
selects and depends upon spiritual means alone through prayer, in
accordance with the tenets and practice of a recogniz ed 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 Oklahoma Children 's Code, and ordering whatever
action may be necessary, including medical treatment, to pr otect the
child's health or welfare;
50. "Permanency hearing" means a hearing by the court pursuant
to Section 1-4-811 of this title;
51. "Permanent custody" means the court-ordered custody of an
adjudicated deprived child when a parent -child relationship no
longer exists due to termination of parental rights or due to the
death of a parent or parents;
52. "Permanent guardianship " means a judicially created
relationship between a child, a kinship relation of the child, or
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other adult established pursuant to the provisions of Section 1 -4-
709 of this title;
53. "Person responsible for a child 's health, safety, or
welfare" includes a parent; a legal guardian; custodian; a foster
parent; a person eighteen (18) years of age or older with whom the
child's parent cohabitates or any other adult residing in the home
of the child; an agent or employee of a public or private
residential home, institution, facility or day treatment program as
defined in Section 175.20 of Title 10 of the Oklahoma Statutes; or
an owner, operator, or employee of a child care facility as defined
by Section 402 of Title 10 of the Oklahoma Statutes;
54. "Plan of safe care" means a plan developed for an infant
with Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum
Disorder upon release 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. "Protective custody" means custody of a child taken by a
law enforcement officer or designated employee of th e court without
a court order;
56. "Putative father" means an alleged father as that term is
defined in Section 7700 -102 of Title 10 of the Oklahoma Statutes;
57. "Qualified residential treatment program " means a program
that:
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a. has a trauma-informed treatment model 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 chil d from a required assessment,
b. has registered or licensed nursing staff and other
licensed clinical staff who:
(1) provide care within the scope of their practice
as defined by the laws of this state,
(2) are on-site according to the treatment 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 ch ild'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 of
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 are 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 Accreditation 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. "Reasonable and prudent parent standard " means the standard
characterized by careful and sensible parental decisions t hat
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 be use d by the child's caregiver
when determining whether to allow 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 foster ca re has been placed, a
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representative of a group home where a child has been pl aced or a
designated official for a residential child care facility where a
child in foster care has been placed;
59. "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. "Residential child care facility " means a twenty-four-hour
residential facility where children live together with or are
supervised by adults who are not their par ents or relatives;
61. "Review hearing" means a hearing by the court pursuant to
Section 1-4-807 of this title;
62. "Risk" means the likelihood that an incident of child abuse
or neglect will occur in the future;
63. "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 another person, a child would
likely or in all probability sustain severe or permanent disability
or injury, illness, or death;
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 priority guidelines and oth er
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;
66. "Secure facility" means a facility which is designed and
operated to ensure that all entrances and exits from the facility
are subject to the exclusive control of the staff of the facility,
whether or not the juvenile being detained has freedom of movement
within the perimeter of the fac ility, or a facility which relies on
locked rooms and buildings, fences, or physical restraint in order
to control behavior of its residents;
67. "Sibling" means a biologically or legally related brother
or sister of a child. This includes an individual who satisfies at
least one of the following conditions with respect to a child :
a. the individual is considered by state law to be a
sibling of the child, or
b. the individual would have been considered a sibling
under state law but for a termination or ot her
disruption of parental rights, such as the death of a
parent;
68. "Specialized foster care " means foster care provided to a
child in a foster home or agency -contracted home which:
a. has been certified by the Developmental Disabilities
Services Division of the Department of Human Services,
b. is monitored by the Division, and
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c. is funded through the Home - and Community-Based Waiver
Services Program administered by the Division;
69. "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 necessary for finding an
appropriate place of residence, completing an education or
vocational training, obtaining employment, or obtaining other
similar services;
70. "Temporary custody" means court-ordered custody of an
adjudicated deprived child;
71. "Therapeutic foster family home " means a foster family home
which provides specific treatment services, pursuant to a
therapeutic foster care contract, which are designed to remedy
social and behavioral problems of a foster child residing in the
home;
72. "Trafficking in persons " means sex trafficking or severe
forms of trafficking in persons as described in Section 7102 of
Title 22 of the United States Code:
a. "sex trafficking" means the recruitment, harboring,
transportation, provision, obtaining, patronizing or
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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 coerci on, or in which
the person induced to perform such act has not
attained eighteen (18) years of age, or
(2) the recruitment, harboring, transportation,
provision, obtaining, patronizing or soliciting
of a person for labor or services, through the
use of force, fraud, or coercion for the purpose
of subjection to involuntary servitude, peonage,
debt bondage, or slavery;
73. "Transitional living program " means a residential program
that may be attached to an existing facility or operated solely for
the purpose of assisting children to develop the skills and
abilities necessary for succe ssful adult living. The program may
include, but shall not be limited to, reduced staff supervision,
vocational training, educational services, employment and employment
training, and other appropriate independent living skills training
as a part of the transitional living program; and
74. "Voluntary foster care placement " means the temporary
placement of a child by the parent, legal guardian or custodian of
the child in foster care pursuant to a signed placement agreement
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between the Department or a chil d-placing agency and the child 's
parent, legal guardian or custodian.
SECTION 2. AMENDATORY 10A O.S. 2021, Section 1 -4-203, is
amended to read as follow s:
Section 1-4-203. A. Within the next two (2) judicial days
following the child being taken into protective or emergency
custody, the court shall conduct an emergency custody hearing. At
the hearing, information may be provided to the court in the form of
oral or written reports, affidavits or testimony. Any information
having probative value may be received by the court regardless of
its admissibility under the Oklahoma Evidence Code. At the hearing
the court shall:
1. Determine whether facts exist that are sufficient to
demonstrate to the court there is reasonable suspicion that the
child is in need of immediate protection due to abuse or neglect, or
that the circumstances or surroundings of the child are such that
continuation of the child in the c hild's home or in the care or
custody of the parent, legal guardian, or custod ian would present an
imminent danger to the child;
2. Advise the parent, legal guardian, or custodian of the child
in writing of the following:
a. any right of the parent, legal guardian, or custodian
to testify and present evidence at court hearings,
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b. the right to be represented by an attorney at court
hearings,
c. the consequences of failure to attend any hearings
which may be held, and
d. the right to appeal and procedure fo r appealing an
order of the court;
3. Determine custody of the child and orde r one of the
following:
a. release of the child to the custody of the child 's
parent, legal guardian, or custodian from whom the
child was removed under any conditions the court finds
reasonably necessary to protect the health, safety, or
welfare of the child, or
b. placement of the child in the custody of a responsible
adult or licensed child -placing agency under any
conditions the court finds reasonably necessary to
protect the health, safety, or welfare of the child,
or
c. whether to continue the child i n or to place the child
into the emergency custody of the Department of Human
Services;
4. Order the parent, legal guardian, or custodian to complete
an affidavit listing the na mes, addresses, and phone numbers of any
parent, whether known or alleged, grandparent, aunt, uncle, brother,
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sister, half-sibling, and first cousin and any comments concerning
the appropriateness of the potential placement of the child with the
relative. If no such relative exists, the court shall require the
parent, legal guardia n, or custodian to list any other relatives or
persons with whom the child has had a substantial relationship or
who may be a suitable placement for the child;
5. Direct the parent, legal guardian, or custodian to furnish
the Department with a copy of the child 's birth certificate within
fifteen (15) days from the hearing if a petition is filed, unless
otherwise extended by the court; and
6. In accordance with the safety or well -being of any child,
determine whether reasonable efforts have been made to:
a. place siblings, who have been removed, together in the
same foster care, guardianship, or adoptive placement,
and
b. provide for frequent visitation or other ongoing
interaction in the case of siblings who have been
removed and who are not placed together.
B. The office of the State Court Administrator shall create an
affidavit form and make it available to each court responsible for
conducting emergency custody hearings. The affidavit form shall
contain a notice to the parent, legal guardian, or custod ian that
failure to identify a parent or relative in a timely manner may
result in the child being permanently placed outside of the home of
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the child's parent or relative. The affidavit form shall also
advise the parent, legal guardian, or custodian of the penalties
associated with perjury and contempt of court. The original
completed affidavit shall be filed with the court clerk no later
than five (5) days after the hearing or as otherwise directed by the
court and a copy shall be provided to the Depart ment.
C. 1. The Department shall, within thirty (30) days of the
removal of a child, exercise due diligence to identify relatives.
Notice shall be provided by the Department t o the following adult
relatives: all grandparents, all parents of a sibling of the child,
where the parent has legal custody of the sibling, and other adult
relatives of the child, including relatives suggested by the
parents, as the court directs. The no tice shall advise the
relatives:
a. the child has been or is being removed fro m the
custody of the parent or parents of the child,
b. of the options under applicable law to participate in
the care and placement of the child, including any
options that may be lost by failing to respond to the
notice, and
c. of the requirements to become a foster family home and
the additional services and supports available for
children placed in the home.
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2. Relatives shall not be notified if notification would not be
in the best interests of a child due to past or current family or
domestic violence. The Department may promulgate rules in
furtherance of the provisions of this subsection.
D. 1. After fifteen (15) days following the child being taken
into protective or em ergency custody, the court shall conduct a
review hearing. At the hearing, information shall be provided to
the court and may be in the form of oral or written reports,
affidavits, or testimony. All discussions or exchanges within the
hearing shall be recorded, documented, and kept by the court unless
the records of the accused ar e expunged. Any information having
probative value shall be received by the court regardless of its
admissibility under the Oklahoma Evidence Code. At the hearing, the
court shall determine whether facts exist that are proven to be true
with clear and convincing evidence, not opinion or hearsay, and that
are sufficient to demonstrate to the court there is clear and
convincing evidence that the child is in need of continued
protection due to abuse or neglect, or that the circumstances or
surroundings of the child are such that continuation of the child in
the child's home or in the care or custody of the parent, legal
guardian, or custodian would present an imminent danger to the
child.
2. If the court determines that facts do not demonstrate there
is clear and convincing evidence of abuse and that the child is not
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in need of continued protection due to abuse or neglect, or that
there is clear and convincing evidence that the circumstances or
surroundings of the child are such that continuation of the child in
the child's home or in the care or custody of the parent, legal
guardian, or custodian would not present an imminent danger to the
child, the court shall order the release of the child to the custody
of the child's parent, legal guardian, or custodian from whom the
child was removed under any conditions the state can prove with
clear and convincing evidence is necessary to protect the health,
safety, or welfare of the child within forty-eight (48) hours. The
court shall also order that all records, in any form, of all alleged
complaints or crimes be expunged from the accused's record.
E. If the court orders the release of the child to the custody
of the child's parent, legal guardian, or custodian from whom the
child was removed, pursuant to paragraph 2 of subsection D of this
section, and the Department fails to release the child, the employee
who was responsible for the release of that child shall be guilty of
a felony upon conviction, pursuant to Section 741 of Title 21 of the
Oklahoma Statutes.
SECTION 3. AMENDATORY 10A O.S. 2021, Section 1 -4-601, is
amended to read as follows:
Section 1-4-601. A. The court shall hold an adjudication
hearing following the filing of a petition alleging that a child is
deprived. The hearing shall be held not more than ninety (90)
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calendar days following the filing of the petition. The child and
the child's parents, guardian, or other legal custodian shall be
entitled to not less than twenty (20) days ' prior notice of the
hearing.
B. 1. The child shall be released from emergency custody in
the event the adjudication hearing is delayed beyond ninety (90)
days from the date the petition is filed unless the court iss ues a
written order with findings of fact supporting a determination that:
a. there exists reasonable suspicion that the health,
safety, or welfare of the child would be in imminent
danger if the child were returned to the home, and
b. there exists either an exceptional circumstance to
support the continuance of the child in emergen cy
custody or the parties and the guardian ad litem, if
any, agree to such continuance.
2. If the adjudicatory hearing is delayed pursuant to this
subsection, the emergency cust ody order shall expire unless the
hearing on the merits of the petition is held within one hundred
eighty (180) days after the actual removal of the child.
C. The release of a child from emergency custody due to the
failure of an adjudication hearing bein g held within the time frame
prescribed by this section shall not deprive the court of
jurisdiction over the child and the parties or authority to enter
temporary orders the court deems necessary to provide for the
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health, safety, and welfare of the child pending the hearing on the
petition.
D. At the adjudication hearing, if the court finds that it is
in the best interest of the child, the court shall:
1. Accept a stipulation by the child 's parent, guardian, or
other legal custodian that the facts allege d in the petition are
true and correct;
2. Accept a stipulation by the child 's parent, guardian, or
other legal custodian that if the state presented its evidence
supporting the truth of the factual allegations in the petition to a
court of competent juri sdiction, such evidence would be sufficient
to meet the state's burden of proving by a preponderance of the
clear and convincing evidence that the factual allegations are true
and correct; or
3. Conduct a nonjury trial to determine whether the state has
met its burden of proving by a preponderance of the clear and
convincing evidence that the factual allegations in the petition are
true and correct.
E. 1. A decision determining a child to be deprived in a
nonjury trial shall be based on sworn testimony.
2. The child, as a party to the proceeding, shall be given the
opportunity to cross -examine witnesses and to present a case in
chief if desired.
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SECTION 4. AMENDATORY 10A O.S. 2021, Section 1 -4-807, is
amended to read as follows:
Section 1-4-807. A. 1. Every case regarding a child alleged
or adjudicated to be deprived shall be reviewed by the court at a
hearing no later than six (6) months from the date of the child 's
removal from the home and at least once every six (6) months
thereafter until permanency is achieved or the court otherwise
terminates jurisdiction except as otherwise set forth in paragraph 2
of this subsection. A review hearing may be held concurrently with
a permanency hearing.
2. When the Department of Human Services has documented a
compelling reason why a petition to terminate parent al rights to a
child is not in the best interests of the child that is based upon a
consideration that the child is presently not capable of functioning
in a family setting, the court shall reevaluate the status of the
child every ninety (90) days until there is a final determination
that the child cannot be placed in a family setting.
3. At any time during the pendency of the case, any party may
request the court to review the c ase. If granted, the requesting
party shall serve notice on all parties of th e date and time of the
hearing.
B. If a foster parent, group home, preadoptive parent, or
relative is currently providing care for a child, the Department
shall give the foster parent, group home, preadoptive parent, or
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relative notice of a proceeding concerning the child. A foster
parent, group home representative, preadoptive parent, or relative
providing care for a child has the right to be heard at the
proceeding. Except wh en allowed to intervene, the foster parent,
group home, preadoptive parent, or relative providing care for the
child is not considered a party to the juvenile court proceeding
solely because of notice and the right to be heard at the
proceeding.
C. The court shall receive all evidence helpful in deciding the
issues before the court including, but not limited to, oral and
written reports, which may be admitted and relied upon to the extent
of their probative value, even though not competent for purposes of
an adjudicatory hearing. All service provider progress reports and
critical incident reports shall be submitted to the court and shall
also be delivered to the district attorney, the attorney or
attorneys representing the parents or group home, the child 's
attorney and guardian ad litem, if applicable, and the relevant
tribe or tribes, if applicable.
D. At each review hearing the court shall:
1. Determine and include the following in its orders:
a. whether the individualized service plan, services, and
placement meet the special needs and best interests of
the child with the child 's health, safety, and
educational needs specifically addressed,
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b. whether there is a need for the continued placement of
the child,
c. whether the current permanency plan for t he child
remains the appropriate plan to meet the health,
safety, and best interests of the child,
d. whether the services set forth in the individualized
service plan and the responsibilities of the parties
need to be clarified or modified due to the
availability of additional information or changed
circumstances or as the court de termines to be in the
best interests of the child and necessary for the
correction of the conditions that led to the
adjudication of the child,
e. whether the terms of visitation need to be modified,
including the visitation with siblings if separated,
f. the time frame that should be followed to achieve
reunification or other permanent plan for the child,
g. whether reasonable efforts have been made to provide
for the safe return of the child to the child 's own
home. If the court determines or has previou sly
determined that reasonable efforts are not required
pursuant to the provisions of Section 1 -4-809 of this
title, or that continuation of reasonable efforts to
reunite the child with the child's family is
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inconsistent with the permanency plan for the child,
the court shall determine if reasonable efforts are
being made to place the child in a timely manner in
accordance with the permanency plan and determine the
steps necessary to finalize permanency for the child,
h. where appropriate, when the child is fourteen (14)
years of age or older, whether services are being
provided that will assist the child in making the
transition from foster care to a successful adulthood.
The court shall inquire or cause inquiry to be made of
the child regarding any proposed independent living
plan,
i. whether the nature and extent of services being
provided the child and parent or parents of the child
are adequate and shall order that additional services
be provided or studies, assessments, or evaluations be
conducted, if necessary, to ensure the safety of the
child and to protect the child from further physical,
mental, or emotional harm, or to correct the
conditions that led to the adjudication,
j. whether, in accordance with the safety or well -being
of any child, reasonable efforts have been made to:
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(1) place siblings, who have been removed, together
in the same foster care, guardianship, or
adoptive placement, and
(2) provide for frequent visi tation or other ongoing
interaction in the case of siblings who have been
removed and who are not placed together, and
k. whether, during the ninety -day period immediately
prior to the date on which the child in the custody of
the Department will attain ei ghteen (18) years of age,
the Department and, as appropriate, other
representatives of the child are providing the child
with assistance and support in developing an
appropriate transition plan that is personalized at
the direction of the child, that inclu des specific
options on housing, health insurance, education, local
opportunities for mentors and continuing support
services, and work force supports and employment
services, and is as detailed as the child may elect;
2. Consider in-state and out-of-state placement options for the
child; and
3. Determine the safety of the child and consider fully all
relevant prior and current information including, but not limited
to, the report or reports submitted pursuant to Sections 1 -4-805 and
1-4-808 of this title.
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E. In making its findings, the court shall consider the
following:
1. Whether compliance with the individualized service plan has
occurred, including whether the Department has provided care that is
consistent with the health, safety, and educational n eeds of the
child while in an out -of-home placement;
2. Whether the Department is taking appropriate steps to ensure
that the foster family follows the reasonable and prudent parent
standard and whether the child has regular opportunities to engage
in age-appropriate or developmentally appropriate activities;
3. The extent of prog ress that has been made toward alleviating
or correcting the conditions that caused the child to be adjudicated
deprived;
4. Whether the child should be returned to a parent or parents
and whether or not the health, safety, and welfare of the child can
be protected by a parent or parents if returned home; and
5. An appropriate permanency plan for the child, including
concurrent planning when applicable, pursuant to Section 1 -4-706 of
this title; provided, a permanency plan for a planned alternative
permanent placement shall be limited to a child age sixteen (16) or
older.
F. If the court fails to conduct a review hearing at least once
every six (6) months from the date of the ch ild's removal from the
home, pursuant to subsection A of this section, the child shall be
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released to the custody of the child 's parent, legal guardian, or
custodian from whom the child was removed.
G. Any employee of the Department who fails to comply wi th
subsection F of this section shall be guilty of a felony upon
conviction, pursuant to Section 741 of Title 21 of the Oklahoma
Statutes.
SECTION 5. This act shall become effective November 1, 2025.
60-1-10437 CMA 01/03/25