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SENATE FLOOR VERSION
April 15, 2025
AS AMENDED
ENGROSSED HOUSE
BILL NO. 1965 By: Williams of the House
and
Bullard of the Senate
[ children – Oklahoma Children's Code – procedure if
jury trial is waived – consideration of circumstances
– individualized service plan – petition or motion
for termination of parental rights – district
attorney – exceptions – Oklahoma Juvenile Code –
informal adjustments – Office of Juvenile Affairs –
assessment - 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" mean s:
a. the willful intent by words, actions, or omissions not
to return for a child, or
b. the failure to maintain a significant parental
relationship with a child through visitation or
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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 inclu ding, but not limited
to, spanking, switching, or paddling.
a. "Harm or threatened harm to the health or safety of a
child" means any real or threatened physical, mental,
or emotional injury or damage to the body or mind that
is not accidental including bu t 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
a child, as defined by law, by a person responsible
for the health, safety, or welfare of the child.
c. "Sexual exploitation" includes but is not limited to
allowing, permitting, encouraging, or forcing a child
to engage in prostitution, as defined by law, by any
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person eighteen (18) years of age or older or by a
person responsible for the health, safety, or welfare
of a child, or allowing, permitting, encouraging, or
engaging in the lewd, 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 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 b e developmentally
appropriate for a child, based on the development of
cognitive, emotional, physical, and behavioral
capacities that are typical for an age or age group,
and
b. in the case of a specific child, activities or items
that are suitable for tha t child based on the
developmental stages attained by the child with
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respect to the cognitive, emotional, physical, and
behavioral capacities of the specific child.
In the event that any age -related activities have impl ications
relative to the academic cur riculum of a child, nothing in this
paragraph shall be construed to authorize an officer or employee of
the federal government to mandate, direct, or control a state or
local educational agency, or the specific instructional content,
academic achievement s tandards 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 negl ect referral that
does not allege a serious and immediate safety threat to a child;
7. "Behavioral health" means mental health, substance abuse, or
co-occurring mental health and substance abuse diagnoses, and the
continuum of mental health, substance abu se, or co-occurring mental
health and substance abuse treatment;
8. "Child" means any unmarried person under eighteen (18) years
of age;
9. "Child advocacy center" means a center and the
multidisciplinary child abuse team of which it is a member that is
accredited by the National Children's Alliance or that is completing
a sixth year of reaccreditation. Child advocacy centers shall be
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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 (60,000), and
b. midlevel nonurban centers in districts with child
populations equal to or greater than sixty thousand
(60,000), but not including Oklahoma and T ulsa
Counties;
10. "Child with a dis ability" means any child who has a
physical or mental impairment which substantially limits one or more
of the major life activities of the child, or who is regarded as
having such an impairment by a competent medical professional;
11. "Child-placing agency" means an agency that arranges for or
places a child in a foster family home, family -style living program,
group home, adoptive home, or a successful adulthood program;
12. "Children's emergency resource center" mea ns a community-
based program that may provide emergency care and a safe and
structured homelike environment or a host home for children
providing food, clothing, shelter and hygiene products to each child
served; after-school tutoring; counseling services; life -skills
training; transition ser vices; assessments; family reunification;
respite care; transportation to or from school, doctors'
appointments, visitations and other social, school, court or other
activities when necessary; and a stable environment f or children in
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crisis who are in cust ody of the Department of Human Services if
permitted under the Department's policies and regulations, or who
have been voluntarily placed by a parent or custodian during a
temporary crisis;
13. "Community-based services" or "community -based programs"
means services or programs which maintain community participation or
supervision in their planning, operation, and evaluation.
Community-based services and programs may include, but are not
limited to, emergency shelter, c risis intervention, group work, case
supervision, job placement, recruitment and training of volunteers,
consultation, medical, educational, home -based services, vocational,
social, preventive and psychological guidance, training, counseling,
early intervention and diversionary substance abus e treatment,
sexual abuse treatment, transitional living, independent living, and
other related services and programs;
14. "Concurrent permanency planning" means, when indicated, the
implementation of two plans for a c hild 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;
15. "Court-appointed special advocate" or "CASA" means a
responsible adult volunteer who has b een trained and is supervised
by a court-appointed special advocate program recognized by the
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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 independent, 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 support s volunteers to be
available for appointment by the court as guardians ad litem;
17. "Custodian" means an individual other than a parent, legal
guardian or Indian custodian, to whom legal custody of the child has
been awarded by the court. As used in thi s title, the term
"custodian" shall not mean the Department of Human Services;
18. "Day treatment" means a nonresidential program which
provides intensive services to a child who resides in the child's
own home, the home of a relative, group home, a foste r home or
residential child care facility. Day treatment programs include,
but are not limited to, educational services;
19. "Department" means the Department of Human Services;
20. "Dependency" means a child who is homeless or without
proper care or guardianship through no fault of his or her parent,
legal guardian, or custodian;
21. "Deprived child" means a child:
a. who is for any reason destitute, homeless, or
abandoned,
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b. who does not have the proper parental care or
guardianship,
c. who has been abused, neglected, or is dependent,
d. whose home is an unfit place for the child by reason
of depravity on the part of the parent or legal
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 a ssessment of the
parent, is determine d to be at risk of harm or
threatened harm to the health or safety of a child,
f. who is a child with a disability deprived of the
nutrition necessary to sustain life or of the medical
treatment necessary to remedy or relieve a life -
threatening medical con dition in order to cause or
allow the death of the child if such nutrition or
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medical treatment is generally provided to similarly
situated children without a disability or children
with disabilities; provided that no m edical treatment
shall be necessary i f, in the reasonable medical
judgment of the attending physician, such treatment
would be futile in saving the life of the child,
g. who, due to improper parental care and guardianship,
is absent from school as specified in Section 10 -106
of Title 70 of the Oklahoma Statutes, if the child is
subject to compulsory school attendance,
h. whose parent, legal guardian or custodian for good
cause desires to be relieved of custody,
i. who has been born to a parent whose parenta l rights to
another child have been i nvoluntarily terminated by
the court and the conditions which led 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 custo dian has
subjected another child to abuse or neglect or has
allowed another child to be subjected to abuse or
neglect and is currently a respondent in a deprived
proceeding.
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Nothing in the Oklahoma Children's Code shall be construed to
mean a child is depr ived for the sole reason the parent, legal
guardian, or person having custody or control of a child, in good
faith, selects and depends upon spiritual means alone through
prayer, in accordance with the tenets and practice of a recognized
church or religious denomination, for the treatment or cure of
disease or remedial care of such child.
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 t hat 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, psycholo gical or sexual harm as a result of t he
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,
as defined in this section. This term includes circumstance s
wherein the substance abuse of the person responsible for the
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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 of an order of the
district court pursuant to Section 1 -4-201 of this title or
following issuance of an order of the district court pursuant to an
emergency custody hearing, as specified by Sec tion 1-4-203 of this
title;
25. "Facility" means a place, an institution, a building or
part thereof, a set of buildings, or an area whether or not
enclosing a building or set of buildings used for the lawful custody
and treatment of children;
26. "Failure to protect" means failure to take reasonable
action to remedy or prevent child abuse or neglect, and includes the
conduct of a nonabusing parent or guardian 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 resid ents in a homelike
environment not located in a building used for commercial activity;
28. "Foster care" or "foster care services" means continuous
twenty-four-hour care and supportive services provided for a child
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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 fos ter 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 required 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 responsibilities as set forth in that section. The
term "guardian ad litem" shall refer to a court -appointed special
advocate as well as to any other person appointed pursuant to the
provisions of Section 1 -4-306 of this title to serve as a guardian
ad litem;
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32. "Guardian ad litem of the estate of the child" means a
person appointed by the court to protect the 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 abus e, 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 physi cal or emotional pain upon a
child repeatedly over a period of time 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 anothe r person, or
j. any other similar agg ravated circumstance;
36. "Heinous and shocking neglect" includes, but is not limited
to:
a. chronic neglect that includes, but is not limited to,
a persistent pattern of family functioning in which
the caregiver has 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 o r sibling, serious
physical or emotional harm, sexual abuse, sexual
exploitation, or presents an imminent risk of serious
harm to a child, or
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d. any other similar aggravating circumstance;
37. "Individualized service plan" means a document written
pursuant to Section 1 -4-704 of this title th at has the same meaning
as "service plan" or "treatment plan" where those terms are used in
the Oklahoma Children's Code;
38. "Infant" means a child who is twelve (12) months of age or
younger;
39. "Institution" means a residential facility offering care
and treatment for more than twenty residents;
40. a. "Investigation" means a response to an allegation of
abuse or neglect that involves a serious 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 r esponse stating
one of the following findings:
(1) "substantiated" means the Department has
determined, after an investigation of a report of
child abuse or neglect and based upon some
credible evidence, that child abuse or neglect
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has occurred. When child abuse or neglect is
substantiated, the Department may recommend:
(a) court intervention if the Department finds
the health, safety, or welfare of the child
is threatened, or
(b) child abuse and neglect prevention - and
intervention-related services for th e child,
parents or persons responsib le 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 determ ine 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 determined,
after an investigation of a report of child abuse
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or neglect, that no child abuse or neglect has
occurred;
41. "Kinship care" means full -time care of a child by a kinship
relation;
42. "Kinship guardianship" means a permanent guardianship as
defined in this section;
43. "Kinship relation" or "kinship relationship" means
relatives, stepparents, or other responsib le adults who have a bond
or tie with a child and/or to whom has been ascribed a family
relationship role with the child's parents or the child; 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 facilita te 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 affecti on, food,
clothing, shelter, sanitati on, hygiene, or
appropriate education,
(b) medical, dental, or behavioral health care,
(c) supervision or appropriate caretakers to
protect the child from harm or threatened
harm of which any reasonable and prudent
person responsible for the child's health ,
safety or welfare would be aware, or
(d) special care made necessary for the child's
health and safety by the physical or mental
condition of the child,
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(2) the failure or omission 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 bicycling,
(2) traveling to and from nearby commercial or
recreational facilities,
(3) engaging in outdoor play,
(4) remaining at home unattended for a reasonable
amount of time,
(5) remaining in a vehicle if the temperature inside
the vehicle is not or will not become dangerously
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hot or cold, except under the conditions
described in Section 11 -1119 of Title 47 of the
Oklahoma Statutes, or
(6) engaging in similar activities alone or with
other children.
Nothing in this paragraph shall be construed to mean a child is
abused or neglected for the sole reason the parent, legal guardian
or person having custody or control of a child, in good faith,
selects and depends upon spiritual means alone through prayer, in
accordance with the tenets and practice of a recognized church or
religious denomination, for the treatment or cure of disease or
remedial care of such child. Nothing contained in this paragraph
shall prevent a court from immediately assuming c ustody of a child,
pursuant to the Oklahoma Children's Code, and ordering whatever
action may be necessary, including medical treatment, to protect 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 subs tance use treatment needs of the infa nt
and mother or caregiver;
55. "Protective custody" means custody of a child taken by a
law enforcement officer or designated employee of the court without
a court order;
56. "Putative father" means an alleged father as that term is
defined in Section 7 700-102 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 seri ous emotional or
behavioral disorders or disturbances and, with respect
to a child, is able to implement the treatment
identified for the child from a required assessment,
b. has registered or licensed nursing staff and other
licensed clinical staff who:
(1) provide care within the 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 the
child's best interest, facilitates participation of
family members in the child's treatment program,
d. facilitates outreach to the family members of the
child including siblings, documents how the outreach
is made including contact information, and maintains
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 c hild including post-
discharge, and how sibling connections are maintained,
f. provides discharge planning and family -based aftercare
support for at least six (6) months post -discharge,
and
g. is licensed and accredited by any of the following
independent, not-for-profit organizations:
(1) The Commission on 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 approve d independent, not-
for-profit accrediting organization;
58. "Reasonable and prudent parent standard" means the standard
characterized by careful and sensible parental decisions that
maintain the health, safety, and best interests of a child while at
the same time encouraging the emotional an d developmental growth of
the child. This standard shall be used 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 care has been placed, a
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representative of a group home where a child has been placed or a
designated official for a residential child care facility where a
child in foster care 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 parents 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 woul d
likely or in all probability sustai n 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 t he
information received according to priority guidelines and other
criteria adopted by the Department;
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65. "Safety evaluation" means evaluation of a child's situation
by the Department using a structured, evidence -based tool to
determine if the child is s ubject 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 facility, 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 rel ated 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 other
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 b e 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. "Time-limited reunification services" means reunification
services provided only during the period of fifteen (15) months that
begins on the date the c hild is considered to have entered foster
care;
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73. "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, ha rboring,
transportation, provision, obtaining, patronizing or
soliciting of a person for the purpose of a commercial
sex act, and
b. "severe forms of trafficking in persons" means:
(1) sex trafficking in which a commercial sex act is
induced by force, frau d, or coercion, or in which
the person induced to perform such act has not
attained eighteen (18) years of age, or
(2) the recruitment, harboring, transportation,
provision, obtaining, patronizing or soliciting
of a person for labor or services, through th e
use of force, fraud, or coercion for the purpose
of subjection to involuntary servitude, peonage,
debt bondage, or slavery;
73. 74. "Transitional living program" means a residential
program that may be attached to an existing facility or operated
solely for the purpose of assisting children to develop the skills
and abilities necessary for successful adult living. The program
may include, but shall not be limited to, reduced staff supervision,
vocational training, ed ucational services, employment and em ployment
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training, and other appropriate independent living skills training
as a part of the transitional living program; and
74. 75. "Voluntary foster care placement" means the temporary
placement of a child by the parent, legal guardian or custodian of
the child in foster care pursuant to a signed placement agreement
between the Department or a child -placing agency and the child's
parent, legal guardian or custodian.
SECTION 2. AMENDATORY 10A O.S. 2021, Section 1 -4-502, as
amended by Section 1, Chapter 363, O.S.L. 2023 (10A O.S. Supp. 2024,
Section 1-4-502), is amended to read as follows:
Section 1-4-502. A. A parent entitled to service of summons,
the state or a child shall have the right to demand a trial by jury
on the sole issue of termination of parental rights only in the
following circumstances:
1. When the initial petition to determine if a child is
deprived also contains a request for termination of parental rights
in which case the court shall determine if the child s hould be
adjudicated deprived and, if so, the jury shall determine if
parental rights should be terminated; or
2. When, following a hearing in which the child is adjudicated
deprived, a request for termination of parental rights is filed by
the state or the child.
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B. The demand for a jury trial shall be granted unless waived,
or the court on its own motion may call a jury to try any
termination of parental rights case.
C. 1. If the jury trial to determine whether par ental rights
should be terminated is waived, the court shall issue a scheduling
order within thirty (30) days. A bench trial shall commence within
ninety (90) days of the issuance of the scheduling order unless the
court issues a written order with findings of fact supporting a
determination that there exists an exceptional circumstance to
support the delay or that the parties and the guardian ad litem, if
any, agree to such continuance.
2. Upon a demand for a trial by jury, the court shall issue a
scheduling order within thirty (30) days. A jury trial shall
commence within six (6) months of the issuance of the scheduling
order unless the court issues a written order with findings of fact
supporting a determination that there exists an exceptional
circumstance to support the delay or that th e parties and the
guardian ad litem, if any, agree to such continuance. The jury
shall consist of six (6) persons. A party who requests a jury trial
and fails to appear in person for such trial, after proper notice
and without good cause, may be deemed b y the court to have waived
the right to such jury trial, and the termination of parental rights
shall be by nonjury trial unless another party demands a jury trial
or the court determines on its own motion to try the case to a jury.
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SECTION 3. AMENDATORY 10A O.S. 2021, Section 1 -4-704, as
amended by Section 1, Chapter 31, O.S.L. 2023 (10A O.S. Supp. 2024,
Section 1-4-704), is amended to read as follows:
Section 1-4-704. A. The Department of Hu man Services or
licensed child-placing agency shall prepare and maintain a written
individualized service plan for any child that has been adjudicated
to be a deprived child.
B. The plan shall be furnished to the court within thirty (30)
days after the adjudication of the child and shall be made available
to counsel for the parties and any applicable tribe by the
Department or the licensed child -placing agency having custody of
the child or responsibility for the supervision of the case.
C. 1. The individualized service plan shall be based upon a
comprehensive assessment and evaluation of the child and family and
shall be developed with the participation of the parent, legal
guardian, or legal custodian of the child, the attorney for the
child, the guardian ad litem for the child, if any, th e child's
tribe, and the child, if appropriate. The health and safety of the
child shall be the paramount concern in the development of the plan.
2. If any part of the plan is disputed or not approved by the
court, an evidentiary hearing may be held and at its conclusion, the
court shall determine the content of the individualized service plan
in accord with the evidence presented and the best interests of the
child.
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3. When approved by the court, each individualized service plan
shall be incorporated an d made a part of the dispositional order of
the court.
4. The plan shall be signed by:
a. the parent or parents or legal guardian of the child,
b. the attorney for the parent or parents or legal
guardian of the child,
c. the child's attorney,
d. the guardian ad litem of the child, which may be a
court-appointed special advocate,
e. a representative of the child's tribe,
f. the child, if possible, and
g. the Department or other responsible agency.
D. 1. Every service plan prepared shall be individualized and
specific to each child and the family of the child and shall require
consideration of each child's and family's circumstances, including,
but not limited to, the parents' work schedule, mode of
transportation, and d istance from their place of living an d place of
work to service providers .
2. The individualized service plan shall be written in simple
and clear English. If English is not the principal language of the
parent, legal guardian, or custodian of the child, and such person
is unable to read or comprehend the English language, to the extent
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possible the plan shall be written in the principal language of the
person.
3. The individualized service plan may be modified based on
changing circumstances consistent with the correction of the
conditions that led to the adjudication of the child or other
conditions inconsistent with the health, safety, or welfare of the
child.
4. The individualized service plan shall be measurable,
realistic and consistent with the requirements of other court
orders.
E. The individualized service plan shall include but not be
limited to:
1. A history of the child and family, including identification
of the problems or conditions leading to the deprived child
adjudication and the chan ges the parent or parents must make i n
order for the child to safely remain in or return to the home;
2. Identification of time -limited reunification services to be
provided to the parent, legal guardian, or legal custodian,
stepparent, other adult person living in the home, or other family
members. Provided, however, that such reunification services shall
be part of any individualized service plan for the period of fifteen
(15) months that begins on the date the child entered foster care.
If a parent has not corrected the circumstances whi ch led the child
to be adjudicated to be a deprived child after such period of
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fifteen (15) months and if the court makes a finding pursuant to
paragraph 16 of subsection B of Section 1 -4-904 of this title, then
a petition or motion for termination of pare ntal rights shall be
filed by the district attorney pursuant to Section 1 -4-902 of this
title;
3. Identification of the specific services to be provided to
the child including but not limited to educational, vocational
educational, medical, drug or alcoho l abuse treatment, or counseling
or other treatment services. The most recent available health and
educational records of the child shall be provided to the court upon
the court's request including:
a. the names and addresses of the child's health and
educational providers,
b. the child's grade-level performance,
c. the child's school record,
d. a record of the child's immunizations,
e. the child's known medical problems, including any
known communicable diseases,
f. the child's medications, and
g. any other relevant health and education information;
4. A schedule of the frequency of services and the means by
which delivery of the services will be assured or, as necessary, the
proposed means by which support services or other assistance will be
provided to enable the parent or the child to obtain the services;
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5. The name of the social worker assigned to the case;
6. A projected date for the completion of the individualized
service plan;
7. Performance criteria that w ill measure the progress of the
child and family toward completion of the individualized service
plan including, but not limited to, time frames for achieving
objectives and addressing the identified problems;
8. The name and business address of the attorney representing
the child;
9. If the child is placed outside the home, the individualized
service plan shall further provide:
a. the sequence and time frame for services to be
provided to the parent, the child, and if the child is
placed in foster care, the foster parent, to
facilitate the child's return home or to another
permanent placement,
b. a description of the child's placement and explanation
about whether it is the least -restrictive placement
available and in as close proximity as possible to the
home of the parent or parents or leg al guardian of the
child when the case plan is reunification, and how the
placement is consistent with the best interests and
special needs of the child,
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c. a description of any services or resources that were
requested by the child or the parent or legal guardian
of the child since the date of the child's placement,
and whether those services or resources were provided
and if not, the basis for the denial of the services
or resources,
d. efforts to be made by the parent of the child and the
Department to enable the child to return to his or her
home,
e. a description of the transition planning for a
successful adulthood for a child age fourteen (14) or
older that includes how the following objectives will
be met:
(1) education, vocational, or employment pla nning,
(2) health care planning and medical coverage,
(3) transportation including, where appropriate,
assisting the child in obtaining a driver
license,
(4) money management,
(5) planning for housing,
(6) social and recreational skills, and
(7) establishing and maintaining connections with the
child's family and community,
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f. for a child in placement due solely or in part to the
child's behavioral health or medical health issues,
diagnostic and assessment information, s pecific
services relating to meeting the applicable behavioral
health and medical care needs of the child, and
desired treatment outcomes,
g. a plan and schedule for regular and frequent
visitation for the child and the child's parent or
parents or legal guardian and siblings, unless the
court has determined that visitation, even if
supervised, would be harmful to the child, and
h. a plan for ensuring the educational stability of the
child while in out-of-home placement, including:
(1) assurances that the p lacement of the child
considers the appropriateness of the current
educational setting and the proximity to the
school in which the child was enrolled at the
time of placement, and
(2) where appropriate, an assurance that the
Department has coordinated with appropriate local
educational agencies to ensure that the child
remains in the school in which the child was
enrolled at the time of placement, or
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(3) if remaining in the school in which the child was
enrolled at the time of placement is not in the
best interests of the child, assurances by the
Department and the local educational agencies to
provide immediate and appropriate enrollment in a
new school with all of the educational records of
the child provided to the school; and
10. The permanency plan for the child, the reason for selection
of that plan and a description of the steps being taken by the
Department to finalize the plan.
a. When the permanency plan is adoption or legal
guardianship, the Department shall describe, at a
minimum, child-specific recruitment efforts such as
relative searches conducted and the use of state,
regional, and national adoption exchanges to
facilitate the orderly and timely placement of the
child, whether in or outside of the state.
b. When the child is age fourteen (14) or older, the
permanency plan and an y revision or addition to the
plan, shall include planning for the transition of the
child to a successful adulthood.
F. Each individualized service plan shall specifically provide
for the safety of the child, in accor dance with state and federal
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law, and clearly define what actions or precautions will, or may, be
necessary to provide for the safety and protection of the child.
G. The individualized service plan shall include the following
statement:
TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. ITS PURPOSE
IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE HOME WITHIN THE
REASONABLE PERIOD SPECIFIED IN THE PLAN. IF YOU ARE UNWILLING OR
UNABLE TO PROVIDE YOUR CHILD WITH A SAFE HOME OR ATTEND COURT
HEARINGS, YOUR PAREN TAL AND CUSTODIAL DUTIES AND RIGHTS M AY BE
RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU.
H. Whenever a child who is subject to the provisions of this
section is committed for inpatient behavioral health or substance
abuse treatment pursuant to the Inpatient Mental Health and
Substance Abuse Treatment of Minors Act, the individualized service
plan shall be amended as necessary and appropriate, including, but
not limited to, identification of the treatment and services to be
provided to the child and the child's family upon discharge of the
child from inpatient behavioral health or substance abuse treatment.
I. Prior to adjudication, a parent or legal guardian may
voluntarily participate in services related to the behaviors and
conditions that led to the filing of a deprive d petition.
Participation in such services shall not be construed as an
admission that the child is deprived and shall not be used as
evidence for the purpose of adjudication or disposition.
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SECTION 4. AMENDATORY 10A O.S. 2021, S ection 1-4-902, is
amended to read as follows:
Section 1-4-902. A. The district attorney shall file a
petition or motion for termination of the parent -child relationship
and parental rights with respect to a child or shall join in the
petition or motion, if filed by the child's attorney, in any of the
following circumstances:
1. Prior to the end of the fifteenth month when a child has
been placed in foster care by the Department of Human Services for
fifteen (15) of the most recent twenty -two (22) months. For
purposes of this paragraph, a child shall be considered to have
entered foster care on the earlier of:
a. the date of adjudication as a deprived child, or
b. the date that is sixty (60) days after the date on
which the child is removed from the home ;
2. No later than sixty (60) days after a child has been
judicially determined to be an abandoned infant;
3. No later than sixty (60) days after a court has determined
that reasonable efforts to reunite are not requi red due to a felony
conviction of a parent of any of the following acts:
a. permitting a child to participate in pornography,
b. rape, or rape by instrumentation,
c. lewd molestation of a child under sixteen (16) years
of age,
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d. child abuse or neglect,
e. enabling child abuse or neglect,
f. causing the death of a child as a result of the
physical or sexual abuse or chronic abuse or chronic
neglect of the child,
g. causing the death of a sibling of the child as a
result of the physical or sexual abuse or ch ronic
abuse or chronic neglect of the child's sibling,
h. murder of any child or aiding or abetting, attempting,
conspiring in, or soliciting to commit murder of any
child,
i. voluntary manslaughter of any child,
j. a felony assault that has resulted in serious bodily
injury to the child or a nother child of the parent, or
k. murder or voluntary manslaughter of the child's parent
or aiding or abetting, attempting, conspiring in, or
soliciting to commit murder of the child's parent; or
4. No later than ninet y (90) days after the court has order ed
the individualized service plan if the parent has made no measurable
progress in correcting the conditions which caused the child to be
adjudicated deprived ; or
5. After a period of fifteen (15) months if a parent has not
corrected the circumstances wh ich led the child to be adjudicated to
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be a deprived child and if the court makes a finding pursuant to
paragraph 16 of subsection B of Section 1 -4-904 of this title.
B. If any of the following conditions exist, the di strict
attorney is not required to fi le a petition as provided in
subsection A of this section for a deprived child:
1. At the option of the Department or by order of the court,
the child is properly being cared for by a relative;
2. The Department has documented a compelling reason for
determining that filing a petition to terminate parental rights
would not serve the best interests of the child that may include
consideration of any of the following circumstances:
a. the parents or legal guardians have m aintained a
relationship with the chi ld and the child would
benefit from continuing this relationship,
b. the child, who is twelve (12) years or older, objects
to the termination of the parent -child legal
relationship,
c. the foster parents of the child are unable to adopt
the child because of exceptional circumstances which
do not include an unwillingness to accept legal
responsibility for the child but are willing and
capable of providing the child with a stable and
permanent environment, and the removal of the child
from the physical custod y of the foster parents would
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be seriously detrimental to the emotional well -being
of the child because the child has substantial
psychological ties to the foster parents,
d. the child is not capable of achieving stability if
placed in a family setting, or
e. the child is an unaccompanied, refugee minor and the
situation regarding the child involves international
legal issues or compelling foreign policy issues; or
3. The state has not provided to the family of the chil d,
consistent with the time period in the state case plan, services
that the state deems necessary for the safe return of the child to
the child's home, if reasonable efforts are required to be made with
respect to the child.
SECTION 5. AMENDATORY 10A O.S. 2021, Sect ion 1-4-904, is
amended to read as follows:
Section 1-4-904. A. A court shall not terminate the rights of
a parent to a child unless:
1. The child has been adjudicated to be deprived either prior
to or concurrently w ith a proceeding to terminate parenta l rights;
and
2. Termination of parental rights is in the best interests of
the child.
B. The court may terminate the rights of a parent to a child
based upon the following legal grounds:
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1. Upon the duly acknowledged written consent of a parent, who
voluntarily agrees to termination of parental rights.
a. The voluntary consent for termination of parental
rights shall be signed under oath and recorded before
a judge of a court of competent jurisdiction and
accompanied by the judge's certificate that the terms
and consequences of the consent were fully explained
in detail in English and were fully understood by the
parent or that the consent was translated into a
language that the parent understood.
b. A voluntary consent for termination of parental rights
is effective when it is signed and may not be revoked
except upon clear and convincing evidence that the
consent was executed by reason of fraud or duress.
c. However, notwithstanding the provisions in this
paragraph, in any proceeding for a voluntary
termination of parental rights to an Indian child, the
consent of the parent may be withdrawn for any reason
at any time prior to the entry of a final decree of
termination. Any consent given prior to, or within
ten (10) days after, the birth of an Indian ch ild
shall not be valid;
2. A finding that a parent who is entitled to custody of the
child has abandoned the child;
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3. A finding that the child is an abandoned infant;
4. A finding that the parent of a child:
a. has voluntarily placed physical custody o f the child
with the Department of Human Services or with a child -
placing agency for out -of-home placement,
b. has not complied with the placement agreement, and
c. has not demonstrated during such period a firm
intention to resume physical custody of the child or
to make permanent legal arrangements for the care of
the child;
5. A finding that:
a. the parent has failed to correct the condition which
led to the deprived adjudication of the child, and
b. the parent has been given at least three (3) months t o
correct the condition;
6. A finding that:
a. the rights of the parent to another child have been
terminated, and
b. the conditions that led to the prior termination of
parental rights have not been corrected;
7. A finding that a parent who does not hav e custody of the
child has, for at least six (6) out of the twelve (12) months
immediately preceding the filing of the petition or motion for
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termination of parental rights, willfully failed or refused or has
neglected to contribute to the support of the c hild:
a. as specified by an order entered by a court of
competent jurisdiction adjudicating the duty, amount
and manner of support, or
b. where an order of child support does not exist,
according to the financial ability of the parent to
contribute to the child's support.
Incidental or token support shall not be construed or considered in
establishing whether a parent has maintained or contributed to the
support of the child;
8. A finding that the parent has been convic ted in a court of
competent jurisdiction in any state of any of the following acts:
a. permitting a child to participate in pornography,
b. rape, or rape by instrumentation,
c. lewd molestation of a child under sixteen (16) years
of age,
d. child abuse or neglect,
e. enabling child abuse or n eglect,
f. causing the death of a child as a result of the
physical or sexual abuse or chronic abuse or chronic
neglect of the child,
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g. causing the death of a sibling of the child as a
result of the physical or sexual abuse or chronic
abuse or chronic neg lect of the child's sibling,
h. murder of any child or aiding or abetting, attempting,
conspiring, or soliciting to commit murder of any
child,
i. voluntary manslaughter of any child,
j. a felony assault that has resulted in serious bodily
injury to the child or another child of the parents,
or
k. murder or voluntary manslaughter of the child's parent
or aiding or abetting, attempting, conspiring, or
soliciting to commit murder of the child's parent;
9. A finding that t he parent has abused or neglected any child
or failed to protect any child from abuse or neglect that is heinous
or shocking;
10. A finding that the parent has previously abused or
neglected the child or a sibling of the child or failed to protect
the child or a sibling of the child from abu se or neglect and the
child or a sibling of the child has been subjected to subsequent
abuse;
11. A finding that the child was conceived as a result of rape
perpetrated by the parent whose rights are sought to be termi nated;
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12. A finding that the parent whose rights are sought to be
terminated is incarcerated, and the continuation of parental rights
would result in harm to the child based on consideration of the
following factors, among others:
a. the duration of incarceration and its detrimental
effect on the parent/child relationship,
b. any previous convictions resulting in involuntary
confinement in a secure facility,
c. the parent's history of criminal behavior, including
crimes against children,
d. the age of the child,
e. any evidence of abuse or n eglect or failure to protect
from abuse or neglect of the child or siblings of the
child by the parent,
f. the current relationship between the parent and the
child, and
g. the manner in which the parent has exercised parental
rights and duties in the past .
Provided, that the incarceration of a parent shall not in and of
itself be sufficient to deprive a parent of parental rights;
13. A finding that all of the following exist:
a. the parent has a diagnosed cognitive dis order, an
extreme physical incapacity , or a medical condition,
including behavioral health, which renders the parent
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incapable of adequately and appropriately exercising
parental rights, duties, and responsibilities within a
reasonable time considering the age of the child, and
b. allowing the parent to have custody would cause the
child actual harm or harm in the near future.
A parent's refusal or pattern of noncompliance with treatment,
therapy, medication, or assistance from outside the home can be used
as evidence that the parent is incapa ble of adequately and
appropriately exercising parental rights, duties, and
responsibilities.
A finding that a parent has a diagnosed cognitive disorder, an
extreme physical incapacity, or a medical condition, including
behavioral health or substance depen dency, shall not in and of
itself deprive the parent of parental rights;
14. A finding that:
a. the condition that led to the deprived adjudication
has been the subject of a previous deprived
adjudication of this child or a sibling of this child,
and
b. the parent has been given an opportunity to correct
the conditions which led to the determination of the
initial deprived child;
15. A finding that there exists a substantial erosion of the
relationship between the parent and child caused at least in part by
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the parent's serious or aggravated neglect of the child, physical or
sexual abuse or exploitation of the child, a prolonged and
unreasonable absence of the parent from the child or an unreasonable
failure by the parent to visit or communicate in a meani ngful way
with the child;
16. A finding that a child four (4) years of age or older at
the time of placement has been placed in foster care by the
Department of Human Services for fifteen (15) of the most recent
twenty-two (22) months preceding the filing of the petition or
motion for termination of parental rights and the child cannot, at
the time of the filing of the petition or motion, be safely returned
to the home of the parent. For purposes of this paragraph, a c hild
shall be considered to have ente red foster care on the earlier of:
a. the adjudication date, or
b. the date that is sixty (60) days after the date on
which the child is removed from the home
has been in foster care for not less than fifteen (15) months of the
most recent twenty-two (22) months and that the parent has not
corrected the circumstances which led the child to be adjudicated to
be a deprived child, unless:
a. a parent has made substantial progress toward
eliminating the problem that caused t he child's
placement in foster care, it is likely that the child
will be able to safely return to the parent's home
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within ninety (90) days, and the child's return to the
parent's home will be in the child's best interests,
b. the child has a close and positive relationship with a
parent and a permanent plan that does not include
termination of parental rights will provide the most
secure and appropriate placement for the child,
c. the child is fourteen (14) years of age or older, is
firmly opposed to termi nation of parental rights, and
is likely to disrupt an attempt to place the child
with an adoptive family,
d. a parent is terminally ill but in remission, does not
want parental rights to be terminated, and has
designated a guardian for the child,
e. the child is not capable of functioning if placed in a
family setting. In such a case, the court shall
reevaluate the status of the child every ninety (90)
days unless there is a court determination that the
child cannot be placed in a family setting,
f. the child is an unaccompanied, refugee min or and the
case involves international legal issues or compelling
foreign policy issues,
g. adoption is not an appropriate plan for the child,
h. the parent's incarceration constitutes the primary
factor in the child's placement in substitute care and
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termination of parental rights is not in the child's
best interest,
i. the parent's participation in a court -ordered
residential substance abuse treatment program
constitutes the primary factor in the child's
placement in substitute care and termination of
parental rights is not in the child's best interest .
For purposes of this paragraph, a child shall be considered to
have entered foster care on the earlier of the adjudication date, or
the date that is sixty (60) days after the date on which the child
is removed from the home.
The court may also consider circumstances of the failure of the
parent to develop and maintain a parental bond with the child in a
meaningful, supportive manner, and whether allowing the parent to
have custody would likely cause the chil d actual serious
psychological harm or harm in the near future as a result of the
removal of the child from the substitute caregiver due to the
existence of a strong and positive bond between the child and
caregiver; and
17. A finding that a child younger than four (4) years of age
at the time of placement has been placed in foster care by the
Department of Human Services for at least six (6) of the twelve (12)
months preceding the filing of the petition or motion for
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termination of parental rights and the child cannot be safely
returned to the home of the parent.
a. For purposes of this paragraph, a child shall be
considered to have entered foster care on the earlier
of:
(1) the adjudication date, or
(2) the date that is sixty (60) days after the date
on which the child is removed from the home.
b. For purposes of this paragraph, the court may
consider:
(1) circumstances of the failure of the parent to
develop and maintain a parental bond with the
child in a meaningful, supportive manner, and
(2) whether allowing the parent to have custody would
likely cause the child actual serious
psychological harm or harm in the near future as
a result of the removal of the child from the
substitute caregiver due to the existence of a
strong, positive bond between the ch ild and
caregiver.
C. An order directing the termination of parental rights is a
final appealable order.
D. The provisions of this section shall not apply to adoption
proceedings and actions to terminate parental righ ts which do not
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involve a petition fo r deprived status of the child. Such
proceedings and actions shall be governed by the Oklahoma Adoption
Code.
SECTION 6. AMENDATORY 10A O.S. 2021, Section 2 -2-104, is
amended to read as follows:
Section 2-2-104. A. A preliminar y inquiry shall be conducted
to determine whether the interests of the public or of the child who
is within the purview of the Oklahoma Juvenile Code require that
further court action be taken. If it is determined by t he
preliminary inquiry that no furthe r action be taken and if agreed to
by the district attorney, the intake worker may make such informal
adjustment without a petition.
B. In the course of the preliminary inquiry, the intake worker
shall:
1. Hold conferences with the child and the parents, guardian or
custodian of the child for the purpose of discussing the disposition
of the referral made;
2. Interview such persons as necessary to determine whether the
filing of a petition would be in the best interest s of the child and
the community;
3. Check existing records of any district court or tribal
court, law enforcement agencies, Office of Juvenile Affairs, and
Department of Human Services;
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4. Obtain existing mental health, medical and educational
records of the child with the consent of the p arents, guardian or
custodian of the child or by court order; and
5. Administer any screening and assessment instruments or refer
for necessary screening and assessments to assist in the
determination of any immediate needs of the child as well as the
immediate risks to the community. All screening and assessment
instruments shall be uniformly used by all intake workers, including
those employed by juvenile bureaus, and shall be instruments
specifically prescribed by the Office of Juvenile Affairs.
C. Upon review of any information presented in the preliminary
inquiry, the district attorney may consult with the intake worker to
determine whether the interests of the child and the public will be
best served by the dismi ssal of the complaint, the informal
adjustment of the complaint, or the filing of a petition.
D. Informal adjustment may be provided to the child If a child
is charged with a delinquent act as a result of a first -time,
nonviolent offense which would be a misdemeanor if committed by an
adult, an informal adjustment shall be considered for the child,
pursuant to the guidelines in subsection E of this section, by the
intake worker only where the facts reasonably appear to establish
prima facie jurisdiction an d are admitted and where consent is
obtained from the district attorney, the parent of the child, legal
guardian, legal custodian, or legal counsel, if any, and the child.
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E. The informal adjustment is an agreement whereby the child
agrees to fulfill certain conditions in exchange for not having a
petition filed against the child. The informal adjustment shall be
completed within a period of time not to exceed six (6) months and
shall:
1. Be voluntarily entered into by all parties;
2. Be revocable by the child at any time by a written
revocation;
3. Be revocable by the intake worker in the event there is
reasonable cause to believe the child has failed to carry out the
terms of the informal adjustment or has committed a subsequent
offense;
4. Not be used as evidence against the child at any
adjudication hearing;
5. Be executed in writing and expressed in language
understandable to the persons involved; and
6. Become part of the juvenile record of the child.
E. F. The informal adjustment agreement u nder this section may
include, among other suitable methods, programs and procedures, the
following:
1. Participation in or referral to counseling, a period of
community service, drug or alcohol education or treatment,
vocational training or any other legal activity which in the opinion
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of the intake officer would be beneficial to the child and family of
the child;
2. Require the child to undergo a behavioral health evaluation
and, if warranted, undergo appropriate care or treatment;
3. Restitution provi ding for monetary payment by the pare nts or
child to the victim who was physically injured or who suffered loss
of or damage to property as a result of the conduct alleged. Before
setting the amount of restitution, the intake officer shall consult
with the victim concerning the amount of dam ages; or
4. Informal adjustment projects, programs and services may be
provided through public or private agencies.
If the intake worker has reasonable cause to believe that the child
has failed to carry out the terms of the adjustment agreement or has
committed a subsequent offense, in lieu of revoking the agreement,
the intake worker may modify the terms of the agreement and extend
the period of the agreement for an additional six (6) months from
the date on which the modification was made with the conse nt of the
child or counsel of the child, if any.
F. G. If an informal adjustment is agreed to pursuant to
subsection D of this section, the informal adjustment agreement may
require the child to pay a fee equal to no m ore than what the court
costs would have been had a petition been filed. The child shall
remit the fee directly to the agency responsible for the monitoring
and supervision of the child. If the supervising agency is a
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juvenile bureau, then the fee shall be remitted to a revolving fund
of the county in which the juvenile bureau is located to be
designated the "Juvenile Deferral Fee Revolving Fund" and shall be
used by the juvenile bureau to defray costs for the operation of the
juvenile bureau. In those c ounties without juvenile bureaus and in
which the Office of Juvenile Affairs or one of their contracting
agencies provides the monitoring and supervision of the juvenile,
the fee shall be paid directly to the Office of Juvenile Affairs and
shall be used to defray the costs for the operation o f the Office of
Juvenile Affairs.
H. The Office of Juvenile Affairs shall conduct an assessment
for any child who successfully completes an informal adjustment
utilizing program evaluations and data collection. The co llected
data may include, but shall n ot be limited to:
1. Recidivism;
2. School engagement;
3. Social engagement; and
4. Graduation rates.
SECTION 7. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 15, 2025 - DO PASS AS AMENDED