A. 1. The Department of Human Services shall establish a statewide centralized hotline for the reporting of child abuse or neglect to the Department.
2. The Department shall provide hotline-specific training including, but not limited to, interviewing skills, customer service skills, narrative writing, necessary computer systems, making case determinations, and identifying priority situations.
3. The Department is authorized to contract with third parties in order to train hotline workers.
4. The Department shall develop a system to track the number of calls received, and of that number:
5. The Department shall electronically record each referral received by the hotline and establish a secure means of retaining the recordings for twelve (12) months. The recordings shall be confidential and subject to disclosure only if a court orders the disclosure of the referral. The Department shall redact any information identifying the reporting party unless otherwise ordered by the court.
B. 1. Every person having reason to believe that a child under the age of eighteen (18) years is a victim of abuse or neglect shall report the matter immediately to the Department of Human Services. Reports shall be made to the hotline provided for in subsection A of this section. Any allegation of abuse or neglect reported in any manner to a county office shall immediately be referred to the hotline by the Department. Provided, however, that in actions for custody by abandonment, provided for in Section 2-117 of Title 30 of the Oklahoma Statutes, there shall be no reporting requirement.
2.a.Every school employee having reason to believe that a student under the age of eighteen (18) years is a victim of abuse or neglect shall report the matter immediately to the Department of Human Services and local law enforcement. Reports to the Department shall be made to the hotline provided for in subsection A of this section. Any allegation of abuse or neglect reported in any manner to a county office shall immediately be referred to the hotline by the Department. Provided, however, that in actions for custody by abandonment, provided for in Section 2-117 of Title 30 of the Oklahoma Statutes, there shall be no reporting requirement.
3. Every physician, surgeon, or other health care professional including doctors of medicine, licensed osteopathic physicians, residents and interns, or any other health care professional or midwife involved in the prenatal care of expectant mothers or the delivery or care of infants shall promptly report to the Department instances in which an infant tests positive for alcohol or a controlled dangerous substance. This shall include infants who are diagnosed with Neonatal Abstinence Syndrome or Fetal Alcohol Spectrum Disorder.
4. No privilege or contract shall relieve any person from the requirement of reporting pursuant to this section.
5. The reporting obligations under this section are individual, and no employer, supervisor, administrator, governing body or entity shall interfere with the reporting obligations of any employee or other person or in any manner discriminate or retaliate against the employee or other person who in good faith reports suspected child abuse or neglect, or who provides testimony in any proceeding involving child abuse or neglect. Any employer, supervisor, administrator, governing body or entity who discharges, discriminates or retaliates against the employee or other person shall be liable for damages, costs and attorney fees. If a child who is the subject of the report or other child is harmed by the discharge, discrimination or retaliation described in this paragraph, the party harmed may file an action to recover damages, costs and attorney fees.
6. Every physician, surgeon, other health care professional or midwife making a report of abuse or neglect as required by this subsection or examining a child to determine the likelihood of abuse or neglect and every hospital or related institution in which the child was examined or treated shall provide, upon request, copies of the results of the examination or copies of the examination on which the report was based and any other clinical notes, x-rays, photographs, and other previous or current records relevant to the case to law enforcement officers conducting a criminal investigation into the case and to employees of the Department of Human Services conducting an investigation of alleged abuse or neglect in the case.
C. Any person who knowingly and willfully fails to promptly report suspected child abuse or neglect or who interferes with the prompt reporting of suspected child abuse or neglect may be reported to local law enforcement for criminal investigation and, upon conviction thereof, shall be guilty of a misdemeanor. Any person with prolonged knowledge of ongoing child abuse or neglect who knowingly and willfully fails to promptly report such knowledge may be reported to local law enforcement for criminal investigation and, upon conviction thereof, shall be guilty of a felony. For the purposes of this paragraph, "prolonged knowledge" shall mean knowledge of at least six (6) months of child abuse or neglect.
D. 1. Any person who knowingly and willfully makes a false report pursuant to the provisions of this section or a report that the person knows lacks factual foundation may be reported to local law enforcement for criminal investigation and, upon conviction thereof, shall be guilty of a misdemeanor.
2. If a court determines that an accusation of child abuse or neglect made during a child custody proceeding is false and the person making the accusation knew it to be false at the time the accusation was made, the court may impose a fine, not to exceed Five Thousand Dollars ($5,000.00) and reasonable attorney fees incurred in recovering the sanctions, against the person making the accusation. The remedy provided by this paragraph is in addition to paragraph 1 of this subsection or to any other remedy provided by law.
E. Nothing contained in this section shall be construed to exempt or prohibit any person from reporting any suspected child abuse or neglect pursuant to subsection B of this section.
Added by Laws 1965, c. 43, § 2, emerg. eff. March 18, 1965. Amended by Laws 1972, c. 236, § 1, emerg. eff. April 7, 1972; Laws 1975, c. 98, § 2, emerg. eff. April 30, 1975; Laws 1977, c. 172, § 2, eff. Oct. 1, 1977; Laws 1980, c. 107, § 1, eff. Oct. 1, 1980; Laws 1985, c. 66, § 1, eff. Nov. 1, 1985; Laws 1986, c. 263, § 5, operative July 1, 1986; Laws 1987, c. 88, § 2, operative July 1, 1987; Laws 1987, c. 167, § 1, operative July 1, 1987; Laws 1992, c. 265, § 2, emerg. eff. May 25, 1992; Laws 1993, c. 208, § 4, eff. Sept. 1, 1993; Laws 1994, c. 324, § 1, eff. Sept. 1, 1994; Laws 1995, c. 353, § 3, eff. Nov. 1, 1995. Renumbered from § 846 of Title 21 by Laws 1995, c. 353, § 20, eff. Nov. 1, 1995. Amended by Laws 1998, c. 416, § 12, eff. Nov. 1, 1998; Laws 2000, c. 374, § 31, eff. July 1, 2000; Laws 2009, c. 149, § 1, emerg. eff. May 11, 2009; Laws 2009, c. 233, § 79, emerg. eff. May 21, 2009. Renumbered from § 7103 of Title 10 by Laws 2009, c. 233, § 212, emerg. eff. May 21, 2009. Amended by Laws 2009, c. 338, § 10, eff. July 1, 2009; Laws 2010, c. 358, § 2, emerg. eff. June 7, 2010; Laws 2013, c. 374, § 1, eff. Nov. 1, 2013; Laws 2015, c. 186, § 1, eff. Nov. 1, 2015; Laws 2016, c. 62, § 1, eff. Nov. 1, 2016; Laws 2018, c. 277, § 1, eff. Nov. 1, 2018; Laws 2019, c. 25, § 5, emerg. eff. April 4, 2019; Laws 2019, c. 415, § 1, eff. July 1, 2019.
NOTE: Laws 2018, c. 256, § 2 repealed by Laws 2019, c. 25, § 6, emerg. eff. April 4, 2019.
Structure Oklahoma Statutes
Title 10A. Children and Juvenile Code
§10A-1-1-101. Short title - Subsequent enactments - Article, chapter and part captions.
§10A-1-1-102. Recognition of duties, rights and interests – Legislative intent.
§10A-1-1-104. Jurisdiction to enforce Oklahoma Children's Code.
§10A-1-2-102. See the following versions:
§10A-1-2-102v1. Department of Human Services – Required actions for reports of child abuse.
§10A-1-2-103. Judicial authority to request investigation.
§10A-1-2-104. Immunity from civil and criminal liability - Presumption.
§10A-1-2-106. Notice to person being investigated.
§10A-1-2-107. Disclosure of information.
§10A-1-2-108. Central registry for child abuse, sexual abuse, sexual exploitation and neglect.
§10A-1-2-110. Abandonment of child in voluntary placement.
§10A-1-2-111. Pilot program to improve socioeconomic outcomes for children in state custody.
§10A-1-3-101. Authorization to consent to medical or dental care.
§10A-1-3-102. Medical care and treatment – Definitions – Authorization and consent.
§10A-1-3-104. Safety plan monitor – Authorization of medical or dental treatment.
§10A-1-4-101. Jurisdiction – Venue – Residence of child – Transfer of proceedings.
§10A-1-4-202. Written notification of emergency custody hearing.
§10A-1-4-203. Emergency custody hearing – Affidavit – Notice to relatives.
§10A-1-4-204. Placement preferences.
§10A-1-4-206. Restraining order - Hearing.
§10A-1-4-207. Immediate assumption of custody to protect child's health or welfare.
§10A-1-4-208. Standardized assessment for children taken into custody.
§10A-1-4-302. Amendment of petition – Postadjudication petition.
§10A-1-4-303. Summons - Contents – Waiver of service.
§10A-1-4-304. Service of summons.
§10A-1-4-306. Appointment of counsel - Guardians ad litem - Court-appointed special advocates.
§10A-1-4-501. District attorney to act as petitioner.
§10A-1-4-503. Conduct of hearings.
§10A-1-4-504. Alternative dispute resolution.
§10A-1-4-505. Admissibility of prerecorded statements of child who is victim of abuse.
§10A-1-4-506. Taking testimony of child age 12 or under in room other than courtroom - Recording.
§10A-1-4-507. Admissibility of evidence.
§10A-1-4-508. Immunity for testimony – Records – Statements during evaluation or treatment.
§10A-1-4-601. Adjudication hearing.
§10A-1-4-602. Allegations of petition not supported by evidence.
§10A-1-4-603. Order of adjudication finding child to be deprived.
§10A-1-4-701. Reimbursements and costs by parents able to pay.
§10A-1-4-702. Deprived child - Paternity - Support.
§10A-1-4-703. Examination of child – Investigation of home conditions.
§10A-1-4-704. Individualized service plan.
§10A-1-4-706. Dispositional hearing.
§10A-1-4-707. Dispositional orders - Determinations.
§10A-1-4-708. Deprivation based on repeated absence from school.
§10A-1-4-709. Permanent guardianship.
§10A-1-4-711. Motion for modification or termination of a permanent guardianship.
§10A-1-4-712. Authority to establish family drug court – Procedures.
§10A-1-4-713. Family drug court assessment.
§10A-1-4-714. Family drug court program eligibility.
§10A-1-4-715. Family drug court judge - Powers.
§10A-1-4-716. Family drug court costs – Family Drug Court Revolving Fund.
§10A-1-4-801. Stay pending review of release order.
§10A-1-4-802. Hearing to determine release of child from state custody.
§10A-1-4-803. Placement of child in the custody of the Department of Human Services.
§10A-1-4-804. Notification of movement of child in the custody of Department of Human Services.
§10A-1-4-805. Change in foster or group home placement.
§10A-1-4-806. Trial home reunification.
§10A-1-4-807.1. Emergency hearings.
§10A-1-4-808. Review hearing report - Child's access to counsel.
§10A-1-4-809. Findings establishing that reasonable efforts to reunify child are not required.
§10A-1-4-810. Permanency meeting and reports.
§10A-1-4-811. Permanency hearing and findings.
§10A-1-4-812. Determination of eligibility of foster parent to adopt.
§10A-1-4-813. Postadoption agreements with birth relatives.
§10A-1-4-814. Modification of decrees or orders.
§10A-1-4-901. Filing of petition or motion for termination of parental rights.
§10A-1-4-902. Termination motion or petition by district attorney.
§10A-1-4-903. Order to terminate parent-child legal relationship – Show cause.
§10A-1-4-904. Termination of parental rights in certain situations.
§10A-1-4-905. Notice of hearing to terminate parental rights.
§10A-1-4-906. Effect of termination of parental rights.
§10A-1-4-907. Vesting authority to consent to adoption.
§10A-1-4-909. Application by child to reinstate parental rights.
§10A-1-5-101. Appeal of order or decree.
§10A-1-5-102. Initial of child's surname required in court opinions.
§10A-1-6-101. Court to make and keep records - Definitions.
§10A-1-6-102. Confidential records.
§10A-1-6-103. Inspection of records without court order.
§10A-1-6-104. Redaction of other children's information.
§10A-1-6-105. Disclosure of certain information in cases of death or near-death of a child
§10A-1-6-106. Filing of social records with the court.
§10A-1-6-107. Confidentiality - Violation - Penalty.
§10A-1-6-108. Maintenance of records.
§10A-1-7-101. Duties and rights of persons or agencies receiving custody - Exception.
§10A-1-7-102. Responsibility for deprived children.
§10A-1-7-103. Department of Human Services - Additional duties and powers.
§10A-1-7-104. Information to accompany child placed outside child's home – Passport Program.
§10A-1-7-105. Rules, policies and procedures regarding children in Department custody.
§10A-1-7-106. Placement of child into foster care.
§10A-1-7-107. Placement with siblings – Contact and visitation with siblings.
§10A-1-7-108. Liability for costs voluntarily expended by foster parent.
§10A-1-7-109. Foster placements - License or authorization - Exception.
§10A-1-7-110. Grounds for determination of placement.
§10A-1-7-112. Voluntary foster care placement.
§10A-1-7-113. Visitation requirements for the Department of Human Services or child-placing agency.
§10A-1-7-114. Foster parent eligibility assessment – Completion and costs - Reimbursement.
§10A-1-7-115. Emergency placement home - Criminal records check.
§10A-1-7-116. Notice to placement agencies when a child in custody becomes eligible for adoption.
§10A-1-8-104. Mileage fees and witness reimbursement.
§10A-1-8-106. Applicability of the Oklahoma Minor Identification Act.
§10A-1-8-107. Order for transportation of child by sheriff's office - Reimbursement.
§10A-1-8-108. Appointment of legal guardian – Appointment of guardian ad litem.
§10A-1-8-110. Falsification of documents relating to deprived children proceedings - Penalties.
§10A-1-8-111. Annual credit report for youth in custody.
§10A-1-9-101. Community-based programs.
§10A-1-9-102. Multidisciplinary teams - Intervention in reports of abuse or neglect - Duties.
§10A-1-9-103. Child Abuse Multidisciplinary Account.
§10A-1-9-103a. Child Abuse Multidisciplinary Team Account (CAMTA) Fund.
§10A-1-9-103b. CAMTA Fund – Administration – Purpose - Contents of Fund.
§10A-1-9-104. Allocation of monies in Child Abuse Multidisciplinary Account.
§10A-1-9-104a. Contract with eligible providers.
§10A-1-9-104b. Promulgation of rules.
§10A-1-9-105. Program planning and monitoring.
§10A-1-9-106. Kinship Foster Care Program.
§10A-1-9-107. Successful Adulthood Act - Short title - Purpose.
§10A-1-9-108. Pilot program to serve children at high risk of abuse and neglect.
§10A-1-9-109. Performance-based incentive compensation program for child welfare specialists.
§10A-1-9-110. Community-based services and care for deprived children - Grants and contracts.
§10A-1-9-111. Management, operation and use of children’s shelters.
§10A-1-9-112.1. Investigation of reported abuse or neglect - Written response.
§10A-1-9-112. Office of Client Advocacy.
§10A-1-9-113. Provision of shelter and care to minor mothers who are victims of domestic abuse.
§10A-1-9-115. Foster parent associations - State agencies to cooperate and promote development.
§10A-1-9-116.1. Liability of foster parent.
§10A-1-9-116. Foster parent training and continuing education.
§10A-1-9-117. Allegations against employees of Department or child-placing agency by foster parent.
§10A-1-9-119.1. Rights of children being served by Child Welfare Services.
§10A-1-9-119. Statement of foster parent's rights.
§10A-1-9-120. Grievance procedures for foster parents.
§10A-1-9-122. Supported guardianship program.
§10A-1-9-123. Policies and procedures for children and youth at risk of sex trafficking.
§10A-1-9-124. Zero to Three Court Program.
§10A-2-1-102. Legislative intent - Construction of chapter - Purpose.
§10A-2-2-102. Personal jurisdiction.
§10A-2-2-104.1. Diversion services.
§10A-2-2-104. Preliminary inquiry - Petition.
§10A-2-2-105. Order removing child from home prohibited absent certain determinations.
§10A-2-2-106. Petition - Subsequent pleadings - Amended petitions.
§10A-2-2-107. Summons – Warrant - Service.
§10A-2-2-108. Examination by health care professionals - Order for treatment.
§10A-2-2-301. Conduct of interrogations - Appointment of counsel - Guardians ad litem.
§10A-2-2-401.3. Motion for determination of competency - Competency evaluation.
§10A-2-2-401.4. Credentialed forensic evaluators - Exceptions.
§10A-2-2-401.5. Competency evaluation report.
§10A-2-2-401.6. Competency hearing.
§10A-2-2-401.7. Court responses to competency determination.
§10A-2-2-402. Conduct of adjudicative hearings.
§10A-2-2-403. Preliminary hearing.
§10A-2-2-404. Deferral of delinquency adjudication proceedings.
§10A-2-2-501. Dispositional hearings.
§10A-2-2-502. Recommendation for disposition - Probation - Risk and needs assessment tools.
§10A-2-2-503. Disposition orders - Revocation, modification and redisposition.
§10A-2-2-504. Periodic review of disposition orders.
§10A-2-2-505. Juvenile drug court program.
§10A-2-2-506. Juvenile drug court investigation – Report - Eligibility.
§10A-2-2-507. Juvenile drug court program – Final eligibility hearing – Admittance into program.
§10A-2-2-508. Juvenile drug court program – Periodic review, progress reports and hearings.
§10A-2-2-701. Summons - Bench warrants - Obligations of parent, legal guardian, or custodian.
§10A-2-2-703. Expenses for care and maintenance of child.
§10A-2-2-801. Procedures and requirements for placement of adjudicated children.
§10A-2-2-802. Termination of parental rights.
§10A-2-2-803. Review and assessment of children committed to Office of Juvenile Affairs.
§10A-2-2-804. Child in need of mental health treatment.
§10A-2-3-103. Temporary detention - Transportation - Certification of juvenile detention facilities.
§10A-2-3-105. Grievance process for children.
§10A-2-4-101. Juvenile bureau and citizens' advisory committee.
§10A-2-4-102. Director and other personnel.
§10A-2-4-103. Administrative work of court - Uniformity of procedures and care.
§10A-2-4-104. Investigations and reports - Legal proceedings.
§10A-2-4-105. Arrests - Service of process.
§10A-2-4-106. Transportation of juveniles - Expenses.
§10A-2-4-107. Salaries and expenses - Offices and equipment.
§10A-2-4-108. Detention and group homes.
§10A-2-4-109. Citizens' advisory committee.
§10A-2-4-110. Appointment of personnel for Juvenile Docket of district court.
§10A-2-5-201. Short title - Youthful Offender Act.
§10A-2-5-202. Definitions – Purpose – Legislative intent.
§10A-2-5-203. Court proceedings - Jurisdiction.
§10A-2-5-205. Certification as youthful offender or juvenile.
§10A-2-5-206A. Motion for certification as a juvenile - Certification study - Guidelines.
§10A-2-5-207A. Motion for imposition of adult sentence - Certification study - Guidelines.
§10A-2-5-209A. Youthful offender review hearing - Extended jurisdiction.
§10A-2-5-211. Commitment to Department of Corrections - Judgment and sentence.
§10A-2-5-301. Educational needs during confinement or incarceration.
§10A-2-6-101. Court to keep records - Definitions.
§10A-2-6-102. Confidential juvenile records.
§10A-2-6-103. Confidentiality of social records.
§10A-2-6-104. Inspection and disclosure of confidential records without court order.
§10A-2-6-105. Inspection and disclosure of juvenile court records without court order.
§10A-2-6-106. Inspection and disclosure of Office of Juvenile Affairs records without court order.
§10A-2-6-107. Fingerprinting of persons under 18.
§10A-2-6-109. Expungement of juvenile court record.
§10A-2-6-110. Procedures for providing certain records to sheriffs - Confidentiality.
§10A-2-7-101. Board of Juvenile Affairs - Members - Duties and responsibilities.
§10A-2-7-201. Executive Director - Qualifications - Powers and duties.
§10A-2-7-202. Creation of office - Powers and duties.
§10A-2-7-203. Agreement with Supreme Court.
§10A-2-7-302. Division of Advocate Defender - Advocate General - Duties and responsibilities.
§10A-2-7-303. Community-based programs.
§10A-2-7-304. Financial agreements.
§10A-2-7-307. Cooperative agreements with Department of Human Services.
§10A-2-7-309. Department planning process for services to children and youth.
§10A-2-7-310. Defining services and programs.
§10A-2-7-401. Juvenile Detention Improvement Revolving Fund.
§10A-2-7-402. Court and hearing costs of Office of Juvenile Affairs - Special agency account.
§10A-2-7-501. Intake and probation services - Services related to juvenile offenders.
§10A-2-7-503. Delinquent children - Intent of Legislature - Powers and duties of Office.
§10A-2-7-504. Discharge of children adjudicated delinquent – Retention of custody and jurisdiction.
§10A-2-7-603. Rules, policies and procedures required in facilities.
§10A-2-7-604. Physical force, when authorized - Mechanical restraints – Chemical agents.
§10A-2-7-605. Run away or AWOL from a staff secure or nonsecure placement.
§10A-2-7-606. Central Oklahoma Juvenile Center - Supervision, management and control.
§10A-2-7-607. Lloyd E. Rader Children's Center - Administration and control.
§10A-2-7-609. Facilities and residential programs – Legislative intent.
§10A-2-7-611. Secure facilities - Certification - Violations.
§10A-2-7-612. Office of Juvenile Affairs - Sale of surplus real estate.
§10A-2-7-613. Office of Juvenile Affairs - Foster care.
§10A-2-7-614. Foster care - Requirement of licensing standards.
§10A-2-7-615. Foster care - Contract requirements.
§10A-2-7-616. Board of Juvenile Affairs - Charter school
§10A-2-7-617. Certification for secure detention center - Criminal history records search
§10A-2-7-618. Construction strategy for campus modifications - Best-value option.
§10A-2-7-619. Public/private partnership - Authority to sell OJA campus property.
§10A-2-7-701. Short title - Purpose - Intent.
§10A-2-7-704. Eligibility for contracts - Contract criteria - Duties of recipients.
§10A-2-7-801. Juvenile Offender Victim Restitution Work Program.
§10A-2-7-802. Juvenile Justice Public Works Program.
§10A-2-7-901. Juvenile Offender Tracking Program - Purpose.
§10A-2-7-903. Juvenile Offender Tracking Program - Components.
§10A-2-7-904. Implementation of Program - Duties of state and local agencies.
§10A-2-8-102. Juvenile sex offender defined.
§10A-2-8-103. Juvenile sex offender registry - Information included.
§10A-2-8-104. Application register - Criteria for qualifying - Court order.
§10A-2-8-105. Juvenile sex offenders ordered to probation - Notification of duty to register.
§10A-2-8-106. Annual registration - Notification of change of name and address.
§10A-2-8-107. Failure to register or provide notification of change of name or address.
§10A-2-8-108. Transfer of registration to adult sex offender registry - Petition.
§10A-2-8-109. Juveniles not subject to act.
§10A-2-8-110. Disclosure of information - Immunity from liability.
§10A-2-8-112. Rules, procedures, and forms.
§10A-2-8-221. Transmission of obscenity and child pornography.
§10A-2-8-222. Intoxicating beverages or low-point beer - Possession by persons under age 21.
§10A-2-9-104. Interstate Commission for Juveniles.
§10A-2-9-105. Interstate Commission - Powers and duties.
§10A-2-9-106. Interstate Commission - Organization and operation.
§10A-2-9-107. Interstate Commission - Rulemaking.
§10A-2-9-108. Interstate Commission - Oversight, enforcement and dispute resolution.
§10A-2-9-111. Compacting states - Effective date - Amendment.
§10A-2-9-112. Withdrawal - Default - Termination - Judicial enforcement.
§10A-2-9-113. Severability and construction.
§10A-2-9-114. Binding effect - Other laws.
§10A-2-9-115. Appointing authority - Compact administrator.
§10A-2-9-116. State Council for Interstate Juveniles Supervision.
§10A-2-10-101. Oklahoma Mentoring Children of Incarcerated Parents Program - Purpose.