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Oklahoma House Bill HB2737

Oklahoma 2025 Regular Session

Oklahoma House Bill HB2737 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
3131
3232 HOUSE BILL 2737 By: Kendrix
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3737
3838 AS INTRODUCED
3939
4040 An Act relating to children; amending 10A O.S. 2021,
4141 Section 1-1-105, which relates to the Oklahoma
4242 Children's Code; modifying scope of certain
4343 definition; and providing an effective date .
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5050 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5151 SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -1-105, is
5252 amended to read as follows:
5353 Section 1-1-105. When used in the Oklahoma Children 's Code,
5454 unless the context otherwise requires:
5555 1. "Abandonment" means:
5656 a. the willful intent by words, actions, or omissions not
5757 to return for a child, or
5858 b. the failure to maintain a significant parental
5959 relationship with a ch ild through visitation or
6060 communication in which incidental or token visits or
6161 communication are not considered significant, or
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8888 c. the failure to respond to notice of deprived
8989 proceedings;
9090 2. "Abuse" means harm or threatened harm to the health, safety,
9191 or welfare of a child by a person responsible for the child 's
9292 health, safety, or welfare, including but not limited to
9393 nonaccidental physical or mental injury, sexual abuse, or sexual
9494 exploitation. Provided, however, that nothing contained in the
9595 Oklahoma Children's Code shall prohibit any parent from using
9696 ordinary force as a means of discipline including, but not limited
9797 to, spanking, switching, or paddling.
9898 a. "Harm or threatened harm to the health or safety of a
9999 child" means any real or threatened physic al, mental,
100100 or emotional injury or damage to the body or mind that
101101 is not accidental including but not limited to sexual
102102 abuse, sexual exploitation, neglect, or dependency.
103103 b. "Sexual abuse" includes but is not limited to rape,
104104 incest, and lewd or indecent acts or proposals made to
105105 a child, as defined by law, by a person responsible
106106 for the health, safety, or welfare of the child.
107107 c. "Sexual exploitation" includes but is not limited to
108108 allowing, permitting, encouraging, or forcing a child
109109 to engage in prostitution, as defined by law, by any
110110 person eighteen (18) years of age or older or by a
111111 person responsible for the health, safety, or welfare
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138138 of a child, or allowing, permitting, encouraging, or
139139 engaging in the lewd, obscene, or pornographic, as
140140 defined by law, photographing, filming, or depicting
141141 of a child in those acts by a person responsible for
142142 the health, safety, and welfare of the child;
143143 3. "Adjudication" means a finding by the court that the
144144 allegations in a petition alleging that a child is deprived are
145145 supported by a preponderance of the evidence;
146146 4. "Adjudicatory hearing " means a hearing by the court as
147147 provided by Section 1 -4-601 of this title;
148148 5. "Age-appropriate or developmentally appropriate " means:
149149 a. activities or items that are generally a ccepted as
150150 suitable for children of the same age or level of
151151 maturity or that are determined to be developmentally
152152 appropriate for a child, based on the development of
153153 cognitive, emotional, physical, and behavioral
154154 capacities that are typical for an age or age group,
155155 and
156156 b. in the case of a specific child, activities or items
157157 that are suitable for that child based on the
158158 developmental stages attained by the child with
159159 respect to the cognitive, emotional, physical, and
160160 behavioral capacities of the specific c hild.
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187187 In the event that any age -related activities have implications
188188 relative to the academic curriculum of a child, nothing in this
189189 paragraph shall be construed to authorize an officer or employee of
190190 the federal government to mandate, direct, or control a state or
191191 local educational agency, or the specific instructional content,
192192 academic achievement standards and assessments, curriculum, or
193193 program of instruction of a school;
194194 6. "Assessment" means a comprehensive review of child safety
195195 and evaluation of fa mily functioning and protective capacities that
196196 is conducted in response to a child abuse or neglect referral that
197197 does not allege a serious and immediate safety threat to a child;
198198 7. "Behavioral health" means mental health, substance abuse, or
199199 co-occurring mental health and substance abuse diagnoses, and the
200200 continuum of mental he alth, substance abuse, or co -occurring mental
201201 health and substance abuse treatment;
202202 8. "Child" means any unmarried person under eighteen (18) years
203203 of age;
204204 9. "Child advocacy center" means a center and the
205205 multidisciplinary child abuse team of which it is a member that is
206206 accredited by the National Children 's Alliance or that is completing
207207 a sixth year of reaccreditation. Child advocacy centers shall be
208208 classified, based on the child population of a district attorney 's
209209 district, as follows:
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236236 a. nonurban centers in districts with child populations
237237 that are less than sixty thousand (60,000), and
238238 b. midlevel nonurban centers in districts with child
239239 populations equal to or greater th an sixty thousand
240240 (60,000), but not including Oklahoma and Tulsa
241241 Counties;
242242 10. "Child with a disability " means any child who has a
243243 physical or mental impairment which substantially limits one or more
244244 of the major life activities of the child, or who is re garded as
245245 having such an impairment by a competent medical professional;
246246 11. "Child-placing agency" means an agency that arranges for or
247247 places a child in a foster family home, family -style living program,
248248 group home, adoptive home, or a successful adulth ood program;
249249 12. "Children's emergency resource center " means a community-
250250 based program that may provide emergency care and a safe and
251251 structured homelike environment or a host home for children
252252 providing food, clothing, shelter and hygiene products to ea ch child
253253 served; after-school tutoring; counseling services; life -skills
254254 training; transition services; assessments; family reunification;
255255 respite care; transportation to or from school, doctors '
256256 appointments, visitations and other social, school, court or other
257257 activities when necessary; and a stable environment for children in
258258 crisis who are in custody of the Department of Human Services if
259259 permitted under the Department 's policies and regulations, or who
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286286 have been voluntarily placed by a parent or custod ian during a
287287 temporary crisis;
288288 13. "Community-based services" or "community-based programs"
289289 means services or programs which maintain community participation or
290290 supervision in their planning, operation, and evaluation.
291291 Community-based services and progra ms may include, but are not
292292 limited to, emergency shelter, crisis intervention, group work, case
293293 supervision, job placement, recruitment and training of volunteers,
294294 consultation, medical, educational, home -based services, vocational,
295295 social, preventive and psychological guidance, training, counseling,
296296 early intervention and diversio nary substance abuse treatment,
297297 sexual abuse treatment, transitional living, independent living, and
298298 other related services and programs;
299299 14. "Concurrent permanency planning " means, when indicated, the
300300 implementation of two plans for a child entering foster care. One
301301 plan focuses on reuniting the parent and child; the other seeks to
302302 find a permanent out -of-home placement for the child with both plans
303303 being pursued simultaneously ;
304304 15. "Court-appointed special advocate " or "CASA" means a
305305 responsible adult volunteer who has been trained and is supervised
306306 by a court-appointed special advocate program recognized by the
307307 court, and when appointed by the court, serves as an officer of t he
308308 court in the capacity as a guardian ad litem;
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335335 16. "Court-appointed special advocate program " means an
336336 organized program, administered by either an independent, not -for-
337337 profit corporation, a dependent project of an independent, not -for-
338338 profit corporation or a unit of local government, which recruits,
339339 screens, trains, assigns, sup ervises and supports volunteers to be
340340 available for appointment by the court as guardians ad litem;
341341 17. "Custodian" means an individual other than a parent, legal
342342 guardian or Indian custodian, to whom legal custody of the child has
343343 been awarded by the court. As used in this title, the term
344344 "custodian" shall not mean the Department of Human Services;
345345 18. "Day treatment" means a nonresidential program which
346346 provides intensive ser vices to a child who resides in the child 's
347347 own home, the home of a relative, group home, a foster home or
348348 residential child care facility. Day treatment programs include,
349349 but are not limited to, educational services;
350350 19. "Department" means the Department of Human Services;
351351 20. "Dependency" means a child who is homeless or without
352352 proper care or guardianship through no fault of his or her parent,
353353 legal guardian, or custodian;
354354 21. "Deprived child" means a child:
355355 a. who is for any reason destitute, homele ss, or
356356 abandoned,
357357 b. who does not have the proper parental care or
358358 guardianship,
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385385 c. who has been abused, neglected, or is dependent,
386386 d. whose home is an unfit place for the child by reason
387387 of depravity on the part of the parent or legal
388388 guardian of the child, or other person responsible for
389389 the health or welfare of the child,
390390 e. who is a child in need of special care and treatment
391391 because of the child 's physical or mental condition,
392392 and the child's parents, legal guardian, or other
393393 custodian is unable or wi llfully fails to provide such
394394 special care and treatment. As used in this
395395 paragraph, a child in need of special care and
396396 treatment includes, but is not limited to, a child who
397397 at birth tests positive for alcohol or a controlled
398398 dangerous substance and who , pursuant to a drug or
399399 alcohol screen of the child and an assessment of the
400400 parent, is determined to be at risk of harm or
401401 threatened harm to the health or safety of a child,
402402 f. who is a child with a disability deprived of the
403403 nutrition necessary to susta in life or of the medical
404404 treatment necessary to remedy or relieve a life -
405405 threatening medical condition in order to cause or
406406 allow the death of the child if such nutrition or
407407 medical treatment is generally provided to similarly
408408 situated children without a disability or children
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435435 with disabilities; provided that no medical treatment
436436 shall be necessary if, in the reasonable medical
437437 judgment of the attending physician, such treatment
438438 would be futile in saving the life of the child,
439439 g. who, due to improper paren tal care and guardianship,
440440 is absent from school as specified in Section 10 -106
441441 of Title 70 of the Oklahoma Statutes, if the child is
442442 subject to compulsory school attendance,
443443 h. whose parent, legal guardian or custodian for good
444444 cause desires to be relieve d of custody,
445445 i. who has been born to a parent whose parental rights to
446446 another child have been involuntarily terminated by
447447 the court and the conditions which led to the making
448448 of the finding, which resulted in the termination of
449449 the parental rights of the parent to the other child,
450450 have not been corrected, or
451451 j. whose parent, legal guardian, or custodian has
452452 subjected another child to abuse or neglect or has
453453 allowed another child to be subjected to abuse or
454454 neglect and is currently a respondent in a depriv ed
455455 proceeding.
456456 Nothing in the Oklahoma Children 's Code shall be construed to
457457 mean a child is deprived for the sole reason the parent, legal
458458 guardian, or person having custody or control of a child, in good
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485485 faith, selects and depends upon spiritual means al one through
486486 prayer, in accordance with the tenets and practice of a recognized
487487 church or religious denomination, for the treatment or cure of
488488 disease or remedial care of such child.
489489 Evidence of material, educational or cultural disadvantage as
490490 compared to other children shall not be sufficient to prove that a
491491 child is deprived; the state shall prove that the child is deprived
492492 as defined pursuant to this title.
493493 Nothing contained in this paragraph shall prevent a court from
494494 immediately assuming custody of a c hild and ordering whatever action
495495 may be necessary, including medical treatmen t, to protect the
496496 child's health or welfare;
497497 22. "Dispositional hearing " means a hearing by the court as
498498 provided by Section 1 -4-706 of this title;
499499 23. "Drug-endangered child" means a child who is at risk of
500500 suffering physical, psychological or sexual harm as a result of the
501501 use, possession, distribution, manufacture or cultivation of
502502 controlled substances, or the attempt of any of these acts, by a
503503 person responsible for the hea lth, safety or welfare of the child,
504504 as defined in this section. This term in cludes circumstances
505505 wherein the substance abuse of the person responsible for the
506506 health, safety or welfare of the child interferes with that person 's
507507 ability to parent and prov ide a safe and nurturing environment for
508508 the child;
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535535 24. "Emergency custody" means the custody of a child prior to
536536 adjudication of the child following issuance of an order of the
537537 district court pursuant to Section 1 -4-201 of this title or
538538 following issuance of an order of the district court pursuant to an
539539 emergency custody hearing, as specified by Section 1 -4-203 of this
540540 title;
541541 25. "Facility" means a place, an institution, a building or
542542 part thereof, a set of buildings, or an area whether or not
543543 enclosing a building or set of buildings used for the lawful custody
544544 and treatment of children;
545545 26. "Failure to protect" means failure to take reasonable
546546 action to remedy or prevent child abuse or neglect, and includes the
547547 conduct of a nonabusing parent or guardian who knows the identity of
548548 the abuser or the person neglecting the child, but lies, conceals or
549549 fails to report the child abuse or neglect or otherwise take
550550 reasonable action to end the abuse or neglect;
551551 27. "Family-style living program " means a residential program
552552 providing sustained care and supervision to residents in a homelike
553553 environment not located in a building used for commercial activity;
554554 28. "Foster care" or "foster care services " means continuous
555555 twenty-four-hour care and supportive services p rovided for a child
556556 in foster placement including, but not limited to, the car e,
557557 supervision, guidance, and rearing of a foster child by the foster
558558 parent;
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585585 29. "Foster family home" means the private residence of a
586586 foster parent who provides foster care se rvices to a child. Such
587587 term shall include a nonkinship foster family home, a therapeutic
588588 foster family home, or the home of a relative or other kinship care
589589 home;
590590 30. "Foster parent eligibility assessment " includes a criminal
591591 background investigation in cluding, but not limited to, a national
592592 criminal history records search based upon the submission of
593593 fingerprints, home assessments, and any other assessment required by
594594 the Department of Human Services, the Office of Juvenile Affairs, or
595595 any child-placing agency pursuant to the provisions of the Oklahoma
596596 Child Care Facilities Licensing Act;
597597 31. "Guardian ad litem" means a person appointed by the court
598598 pursuant to the provisions of Section 1 -4-306 of this title having
599599 those duties and responsibilities as s et forth in that section. The
600600 term "guardian ad litem" shall refer to a court -appointed special
601601 advocate as well as to any other person appointed pursuant to the
602602 provisions of Section 1 -4-306 of this title to serve as a guardian
603603 ad litem;
604604 32. "Guardian ad litem of the estate of the child " means a
605605 person appointed by the court to protect the property interests of a
606606 child pursuant to Section 1 -8-108 of this title;
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633633 33. "Group home" means a residential facility licensed by the
634634 Department to provide full -time care and community-based services
635635 for more than five but fewer than thirteen children;
636636 34. "Harm or threatened harm to the health or safety of a
637637 child" means any real or threatened physical, mental, or emotional
638638 injury or damage to the body or mind that is not accidental
639639 including, but not limited to, sexual abuse, sexual exploitation,
640640 neglect, or dependency;
641641 35. "Heinous and shocking abuse " includes, but is not limited
642642 to, aggravated physical abuse that results in serious bodily,
643643 mental, or emotional in jury. "Serious bodily injury " means injury
644644 that involves:
645645 a. a substantial risk of death,
646646 b. extreme physical pain,
647647 c. protracted disfigurement,
648648 d. a loss or impairment of the function of a body member,
649649 organ, or mental faculty,
650650 e. an injury to an interna l or external organ or the
651651 body,
652652 f. a bone fracture,
653653 g. sexual abuse or sexual exploitation,
654654 h. chronic abuse including, but not limited to, physical,
655655 emotional, or sexual abuse, or sexual exploitation
656656 which is repeated or continuing,
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683683 i. torture that includes, but is not limited to,
684684 inflicting, participating in or assisting in
685685 inflicting intense physical or emotional pain upon a
686686 child repeatedly over a period of time for the purpose
687687 of coercing or terrorizing a child or for the purpose
688688 of satisfying the cra ven, cruel, or prurient desires
689689 of the perpetrator or another person, or
690690 j. any other similar aggravated circumstance;
691691 36. "Heinous and shocking neglect " includes, but is not limited
692692 to:
693693 a. chronic neglect that includes, but is not limited to,
694694 a persistent pattern of family functioning in which
695695 the caregiver has not met or sustaine d the basic needs
696696 of a child which results in harm to the child,
697697 b. neglect that has resulted in a diagnosis of the child
698698 as a failure to thrive,
699699 c. an act or failure to act by a parent that results in
700700 the death or near death of a child or sibling, serious
701701 physical or emotional harm, sexual abuse, sexual
702702 exploitation, or presents an imminent risk of serious
703703 harm to a child, or
704704 d. any other similar aggravating circumstance;
705705 37. "Individualized service plan " means a document written
706706 pursuant to Section 1 -4-704 of this title that has the same meaning
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733733 as "service plan" or "treatment plan" where those terms are used in
734734 the Oklahoma Children 's Code;
735735 38. "Infant" means a child who is tw elve (12) months of age or
736736 younger;
737737 39. "Institution" means a residential facility offering care
738738 and treatment for more than twenty residents;
739739 40. a. "Investigation" means a response to an allegation of
740740 abuse or neglect that involves a serious and immedia te
741741 threat to the safety of the child, making it necessary
742742 to determine:
743743 (1) the current safety of a child and the risk of
744744 subsequent abuse or neglect, and
745745 (2) whether child abuse or neglect occurred and
746746 whether the family needs prevention - and
747747 intervention-related services.
748748 b. "Investigation" results in a written response stating
749749 one of the following findings:
750750 (1) "substantiated" means the Department has
751751 determined, after an investigation of a report of
752752 child abuse or neglect and based upon some
753753 credible evidence, that child abuse or neglect
754754 has occurred. When child abuse or neglect is
755755 substantiated, the Department may recommend:
756756
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782782 (a) court intervention if the Department finds
783783 the health, safety, or welfare of the child
784784 is threatened, or
785785 (b) child abuse and neglect prevention- and
786786 intervention-related services for the child,
787787 parents or persons responsible for the care
788788 of the child if court intervention is not
789789 determined to be necessary,
790790 (2) "unsubstantiated" means the Department has
791791 determined, after an inves tigation of a report of
792792 child abuse or neglect, that insufficient
793793 evidence exists to fully determine whether child
794794 abuse or neglect has occurred. If child abuse or
795795 neglect is unsubstantiated, the Department may
796796 recommend, when determined to be necessary, that
797797 the parents or persons responsible for the care
798798 of the child obtain child abuse and neglect
799799 prevention- and intervention-related services, or
800800 (3) "ruled out" means a report in which a child
801801 protective services specialist has determined,
802802 after an investigation of a report of child abuse
803803 or neglect, that no child abuse or neglect has
804804 occurred;
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831831 41. "Kinship care" means full-time care of a child by a kinship
832832 relation;
833833 42. "Kinship guardianship " means a permanent guardianship as
834834 defined in this section;
835835 43. "Kinship relation" or "kinship relationship " means
836836 relatives, stepparents, or other responsible adults who have a bond
837837 or tie with a child and/or to whom has been ascribed a family
838838 relationship role with the child 's parents or the child; provided,
839839 however, in cases where the Indian Child Welfare Act applies, the
840840 definitions contained in 25 U.S.C., Section 1903 shall control;
841841 44. "Mental health facility " means a mental health or substance
842842 abuse treatment facility as defined by the Inpatient Mental Healt h
843843 and Substance Abuse Treatment of Minors Act;
844844 45. "Minor" means the same as the term "child" as defined in
845845 this section;
846846 46. "Minor in need of treatment " means a child in need of
847847 mental health or substance abuse treatment as defined by the
848848 Inpatient Mental Health and Substance Abuse Treatment of Minors Act;
849849 47. "Multidisciplinary child abuse team" means any team
850850 established pursuant to Section 1 -9-102 of this title of three or
851851 more persons who are trained in the prevention, identification,
852852 investigation, prosecution, and treatment of physical and sexual
853853 child abuse and who are qualified to facilitate a broad range of
854854 prevention- and intervention-related services and services related
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881881 to child abuse. For purposes of this definition, "freestanding"
882882 means a team not used by a child advocacy center for its
883883 accreditation;
884884 48. "Near death" means a child is in serious or critical
885885 condition, as certified by a physician, as a result of abuse or
886886 neglect;
887887 49. a. "Neglect" means:
888888 (1) the failure or omission to provi de any of the
889889 following:
890890 (a) adequate nurturance and affection, food,
891891 clothing, shelter, sanitation, hygiene, or
892892 appropriate education,
893893 (b) medical, dental, or behavioral health care,
894894 (c) supervision or appropriate caretakers to
895895 protect the child from harm or threatened
896896 harm of which any reasonable and prudent
897897 person responsible for the child's health,
898898 safety or welfare would be aware, or
899899 (d) special care made necessary for the child 's
900900 health and safety by the physical or mental
901901 condition of the child,
902902 (2) the failure or omission to protect a child from
903903 exposure to any of the following:
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930930 (a) the use, possession, sale, or manufacture of
931931 illegal drugs,
932932 (b) illegal activities, or
933933 (c) sexual acts or materials that are not age -
934934 appropriate, or
935935 (d) the use of medical marijuana by a pregnant
936936 woman regardless of whether or not the
937937 pregnant woman possesses a valid medical
938938 marijuana patient license, or
939939 (3) abandonment.
940940 b. "Neglect" shall not mean a child who engages in
941941 independent activities, except if the person
942942 responsible for the child's health, safety or welfare
943943 willfully disregards any harm or threatened harm to
944944 the child, given the child 's level of maturity,
945945 physical condition or mental abilities. Such
946946 independent activities include but are not limited to:
947947 (1) traveling to and from school including by
948948 walking, running or bicycling,
949949 (2) traveling to and from nearby commercial or
950950 recreational facilities,
951951 (3) engaging in outdoor play,
952952 (4) remaining at home unattended for a reasonable
953953 amount of time,
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980980 (5) remaining in a vehicle if the temperature inside
981981 the vehicle is not or will not become dangerously
982982 hot or cold, except under the conditions
983983 described in Section 11 -1119 of Title 47 of the
984984 Oklahoma Statutes, or
985985 (6) engaging in similar activities alone or with
986986 other children.
987987 Nothing in this paragraph shall be construed to mean a child is
988988 abused or neglected for the sole reason the parent, legal guardian
989989 or person having custody or control of a child, in good faith,
990990 selects and depends upon spiritual means alone through pr ayer, in
991991 accordance with the tenets and practice of a recognized church or
992992 religious denomination, for the treatment or cure of disease or
993993 remedial care of such child. Nothing contained in this paragraph
994994 shall prevent a court from immediately assuming cus tody of a child,
995995 pursuant to the Oklahoma Children 's Code, and ordering whatev er
996996 action may be necessary, including medical treatment, to protect the
997997 child's health or welfare;
998998 50. "Permanency hearing" means a hearing by the court pursuant
999999 to Section 1-4-811 of this title;
10001000 51. "Permanent custody" means the court-ordered custody of an
10011001 adjudicated deprived child when a parent -child relationship no
10021002 longer exists due to termination of parental rights or due to the
10031003 death of a parent or parents;
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10301030 52. "Permanent guardianship" means a judicially created
10311031 relationship between a child, a kins hip relation of the child, or
10321032 other adult established pursuant to the provisions of Section 1 -4-
10331033 709 of this title;
10341034 53. "Person responsible for a child 's health, safety, or
10351035 welfare" includes a parent; a legal guardian; custodian; a foster
10361036 parent; a person eighteen (18) years of age or older with whom the
10371037 child's parent cohabitates or any other adult residing in the home
10381038 of the child; an agent or employee of a public or private
10391039 residential home, institution, facility or day treatment program as
10401040 defined in Section 175.20 of Title 10 of the Oklahoma Statutes; or
10411041 an owner, operator, or employee of a child care facility as defined
10421042 by Section 402 of Title 10 of the Oklahoma Statutes;
10431043 54. "Plan of safe care" means a plan developed for an infant
10441044 with Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum
10451045 Disorder upon release from the care of a health care provider that
10461046 addresses the health and substance use treatment needs of the infant
10471047 and mother or caregiver;
10481048 55. "Protective custody" means custody of a child t aken by a
10491049 law enforcement officer or designated employee of the court without
10501050 a court order;
10511051 56. "Putative father" means an alleged father as that term is
10521052 defined in Section 770 0-102 of Title 10 of the Oklahoma Statutes;
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10791079 57. "Qualified residential treatment program " means a program
10801080 that:
10811081 a. has a trauma-informed treatment model that is designed
10821082 to address the needs including clinical needs as
10831083 appropriate, of children with seriou s emotional or
10841084 behavioral disorders or disturbances and, with respect
10851085 to a child, is able to implement the treatment
10861086 identified for the child from a required assessment,
10871087 b. has registered or licensed nursing staff and other
10881088 licensed clinical staff who:
10891089 (1) provide care within the scope of their practice
10901090 as defined by the laws of this state,
10911091 (2) are on-site according to the treatment model
10921092 referred to in subparagraph a of this paragraph,
10931093 and
10941094 (3) are available twenty -four (24) hours a day and
10951095 seven (7) days a week,
10961096 c. to the extent appropriate, and in accordance with the
10971097 child's best interest, facilitates participation of
10981098 family members in the child 's treatment program,
10991099 d. facilitates outreach to the family members of the
11001100 child including siblings, documents ho w the outreach
11011101 is made including contact information, and maintains
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11281128 contact information for any known biological family of
11291129 the child,
11301130 e. documents how family members are integrated into the
11311131 treatment process for the child including post -
11321132 discharge, and how sibling connections are maintained,
11331133 f. provides discharge planning and family -based aftercare
11341134 support for at least six (6) months post -discharge,
11351135 and
11361136 g. is licensed and accredited by any of the following
11371137 independent, not-for-profit organizations:
11381138 (1) The Commission on Accreditation of Rehabilitation
11391139 Facilities (CARF),
11401140 (2) The Joint Commission on Accreditation of
11411141 Healthcare Organizations (JCAHO),
11421142 (3) The Council on Accreditation (COA), or
11431143 (4) any other federally approved independent, not -
11441144 for-profit accrediting organization;
11451145 58. "Reasonable and prudent parent standard " means the standard
11461146 characterized by careful and sensible parental decisions that
11471147 maintain the health, safety, and best interests of a child while at
11481148 the same time encouraging the emotional and developmental growth of
11491149 the child. This standard shall be used by the child 's caregiver
11501150 when determining whether to allow a child to participate in
11511151 extracurricular, enrichment, cultural, and social activities. For
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11781178 purposes of this definition, the term "caregiver" means a foster
11791179 parent with whom a child in foster care has been plac ed, a
11801180 representative of a group home where a child has been placed or a
11811181 designated official for a residential child care facility where a
11821182 child in foster care has been placed;
11831183 59. "Relative" means a grandparent, great -grandparent, brother
11841184 or sister of whole or half blood, aunt, uncle or any other person
11851185 related to the child;
11861186 60. "Residential child care facility " means a twenty-four-hour
11871187 residential facility where children live t ogether with or are
11881188 supervised by adults who are not their parents or relative s;
11891189 61. "Review hearing" means a hearing by the court pursuant to
11901190 Section 1-4-807 of this title;
11911191 62. "Risk" means the likelihood that an incident of child abuse
11921192 or neglect will occur in the future;
11931193 63. "Safety threat" means the threat of serious harm due to
11941194 child abuse or neglect occurring in the present or in the very near
11951195 future and without the intervention of another person, a child would
11961196 likely or in all probability sustain severe or permanent disability
11971197 or injury, illness, or death;
11981198 64. "Safety analysis" means action taken by the Department in
11991199 response to a report of alleged child abuse or neglect that may
12001200 include an assessment or investigation based upon an analysis of the
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12271227 information received according to priority guidelines and other
12281228 criteria adopted by the Department;
12291229 65. "Safety evaluation" means evaluation of a child 's situation
12301230 by the Department using a structured, evidence -based tool to
12311231 determine if the child is sub ject to a safety threat;
12321232 66. "Secure facility" means a facility which is desi gned and
12331233 operated to ensure that all entrances and exits from the facility
12341234 are subject to the exclusive control of the staff of the facility,
12351235 whether or not the juvenile being de tained has freedom of movement
12361236 within the perimeter of the facility, or a facility which relies on
12371237 locked rooms and buildings, fences, or physical restraint in order
12381238 to control behavior of its residents;
12391239 67. "Sibling" means a biologically or legally relat ed brother
12401240 or sister of a child. This includes an individual who satisfies at
12411241 least one of the following conditions with respect to a child:
12421242 a. the individual is considered by state law to be a
12431243 sibling of the child, or
12441244 b. the individual would have been co nsidered a sibling
12451245 under state law but for a termination or other
12461246 disruption of parental rights, such as the death of a
12471247 parent;
12481248 68. "Specialized foster care " means foster care provided to a
12491249 child in a foster home or agency -contracted home which:
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12761276 a. has been certified by the Developmental Disabilities
12771277 Services Division of the Depart ment of Human Services,
12781278 b. is monitored by the Division, and
12791279 c. is funded through the Home - and Community-Based Waiver
12801280 Services Program administered by the Division;
12811281 69. "Successful adulthood program " means a program specifically
12821282 designed to assist a child to enhance those skills and abilities
12831283 necessary for successful adult living. A successful adulthood
12841284 program may include, but shall not be limited to, such features as
12851285 minimal direct staff supervision, and the provision of supportive
12861286 services to assist c hildren with activities necessary for finding an
12871287 appropriate place of residence, completing an education or
12881288 vocational training, obtaining employment, or obtaining other
12891289 similar services;
12901290 70. "Temporary custody" means court-ordered custody of an
12911291 adjudicated deprived child;
12921292 71. "Therapeutic foster family home " means a foster family home
12931293 which provides specific treatment services, pursuant to a
12941294 therapeutic foster care contract, wh ich are designed to remedy
12951295 social and behavioral problems of a foster child re siding in the
12961296 home;
12971297 72. "Trafficking in persons " means sex trafficking or severe
12981298 forms of trafficking in persons as described in Section 7102 of
12991299 Title 22 of the United States Co de:
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13261326 a. "sex trafficking" means the recruitment, harboring,
13271327 transportation, provision, obtaining, patronizing or
13281328 soliciting of a person for the purpose of a commercial
13291329 sex act, and
13301330 b. "severe forms of trafficking in persons " means:
13311331 (1) sex trafficking in wh ich a commercial sex act is
13321332 induced by force, fraud, or coercion, or in which
13331333 the person induced to perform such act has not
13341334 attained eighteen (18) years of age, or
13351335 (2) the recruitment, harboring, transportation,
13361336 provision, obtaining, patronizing or solici ting
13371337 of a person for labor or services, through the
13381338 use of force, fraud, or coercion for the purpose
13391339 of subjection to involuntary servitude, peonage,
13401340 debt bondage, or slavery;
13411341 73. "Transitional living program " means a residential program
13421342 that may be attached to an existing facility or operated solely for
13431343 the purpose of assisting ch ildren to develop the skills and
13441344 abilities necessary for successful adult living. The program may
13451345 include, but shall not be limited to, reduced staff supervision,
13461346 vocational training, educational services, employment and employment
13471347 training, and other appropriate independent living skills training
13481348 as a part of the transitional living program; and
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13751375 74. "Voluntary foster care placement " means the temporary
13761376 placement of a child by t he parent, legal guardian or custodian of
13771377 the child in foster care pursuant to a signed placement agreement
13781378 between the Department or a child -placing agency and the child 's
13791379 parent, legal guardian or custodian.
13801380 SECTION 2. This act shall bec ome effective November 1, 2025.
13811381
13821382 60-1-10017 GRS 11/06/24