Oklahoma Statutes
Title 10A. Children and Juvenile Code
§10A-2-2-503. Disposition orders - Revocation, modification and redisposition.

A. The following kinds of orders of disposition may be made in respect to children adjudicated in need of supervision or delinquent:

1. The court may place the child on probation with or without supervision in the home of the child, or in the custody of a suitable person, upon such conditions as the court shall determine. If the child is placed on probation in a county having a juvenile bureau, the court may impose a probation fee of not more than Twenty-five Dollars ($25.00) per month, if the court finds that the child or parent or legal guardian of the child has the ability to pay the fee. In counties having a juvenile bureau, the fee shall be paid to the juvenile bureau; in all other counties, no fee shall be paid to the Office of Juvenile Affairs;
2. If it is consistent with the welfare of the child, the child shall be placed with the parent or legal guardian of the child, but if it appears to the court that the conduct of such parent, guardian, legal guardian, stepparent or other adult person living in the home has contributed to the child becoming delinquent or in need of supervision, the court may issue a written order specifying conduct to be followed by such parent, guardian, legal custodian, stepparent or other adult person living in the home with respect to such child. The conduct specified shall be such as would reasonably prevent the child from continuing to be delinquent or in need of supervision.
3. The court may commit the child to the custody of a private institution or agency, including any institution established and operated by the county, authorized to care for children or to place them in family homes. In committing a child to a private institution or agency, the court shall select one that is licensed by any state department supervising or licensing private institutions and agencies; or, if such institution or agency is in another state, by the analogous department of that state. Whenever the court shall commit a child to any institution or agency, it shall transmit with the order of commitment a summary of its information concerning the child, and such institution or agency shall give to the court such information concerning the child as the court may at any time require;
4. The court may order the child to receive counseling or other community-based services as necessary;
5. The court may commit the child to the custody of the Office of Juvenile Affairs. Any order adjudicating the child to be delinquent and committing the child to the Office of Juvenile Affairs shall be for an indeterminate period of time;
6. If the child has been placed outside the home, and it appears to the court that the parent, guardian, legal custodian, or stepparent, or other adult person living in the home has contributed to the child becoming delinquent or in need of supervision, the court may order that the parent, guardian, legal custodian, stepparent, or other adult living in the home be made subject to any treatment or placement plan prescribed by the Office or other person or agency receiving custody of the child;
7. With respect to a child adjudicated a delinquent child, the court may:
8. The court may order the child to participate in the Juvenile Drug Court Program;
9. The court may dismiss the petition or otherwise terminate its jurisdiction at any time for good cause shown; and
10. In any dispositional order removing a child from the home of the child, the court shall, in addition to the findings required by Section 2-2-105 of this title, make a determination that, in accordance with the best interests of the child and the protection of the public, reasonable efforts have been made to provide for the return of the child to the home of the child, or that efforts to reunite the family are not required as provided in Section 2-2-105 of this title, and reasonable efforts are being made to finalize an alternate permanent placement for the child.
B. Prior to adjudication or as directed by a law enforcement subpoena or court order, a school district may disclose educational records to the court or juvenile justice system for purposes of determining the ability of the juvenile justice system to effectively serve a child. Any disclosure of educational records shall be in accordance with the requirements of the Family Educational Rights and Privacy Act of 1974 (FERPA). If the parent, guardian, or custodian of a child adjudicated a delinquent child asserts that the child has approval not to attend school pursuant to Section 10-105 of Title 70 of the Oklahoma Statutes, the court or the Office of Juvenile Affairs may require the parent to provide a copy of the written, joint agreement to that effect between the school administrator of the school district where the child attends school and the parent, guardian, or custodian of the child.
C. With respect to a child adjudicated a delinquent child for a violent offense, within thirty (30) days of the date of the adjudication either the juvenile bureau in counties which have a juvenile bureau or the Office of Juvenile Affairs in all other counties shall notify the superintendent of the school district in which the child is enrolled or intends to enroll of the delinquency adjudication and the offense for which the child was adjudicated.
D. No child who has been adjudicated in need of supervision may be placed in a secure facility.
E. No child charged in a state or municipal court with a violation of state or municipal traffic laws or ordinances, or convicted therefor, may be incarcerated in jail for the violation unless the charge for which the arrest was made would constitute a felony if the child were an adult. Nothing contained in this subsection shall prohibit the detention of a juvenile for traffic-related offenses prior to the filing of a petition in the district court alleging delinquency as a result of the acts and nothing contained in this section shall prohibit detaining a juvenile pursuant to Section 2-2-102 of this title.
F. The court may revoke or modify a disposition order and may order redisposition. The child whose disposition is being considered for revocation or modification at said hearing shall be afforded the following rights:
1. Notice by the filing of a motion for redisposition by the district attorney. The motion shall be served on the child and the parent or legal guardian of the child at least five (5) business days prior to the hearing;
2. The proceedings shall be heard without a jury and shall require establishment of the facts alleged by a preponderance of the evidence;
3. During the proceeding, the child shall have the right to be represented by counsel, to present evidence, and to confront any witness testifying against the child;
4. Any modification, revocation or redisposition removing the child from the physical custody of a parent or guardian shall be subject to review on appeal, as in other appeals of delinquent cases;
5. If the child is placed in secure detention, bail may be allowed pending appeal; and
6. The court shall not enter an order removing the child from the custody of a parent or legal guardian pursuant to this section unless the court first finds that reasonable efforts have been made to maintain the family unit and prevent the unnecessary removal of the child from the home of the child or that an emergency exists which threatens the safety of the child and that:
The court shall state in the record that such considerations have been made. Nothing in this section shall be interpreted to limit the authority or discretion of the agency providing probation supervision services to modify the terms of probation including, but not limited to, curfews, imposing community service, or any nondetention consequences.
G. A willful violation of any provision of an order of the court issued under the provisions of the Oklahoma Juvenile Code shall constitute indirect contempt of court and shall be punishable by a fine not to exceed Three Hundred Dollars ($300.00) or, as to a delinquent child, placement in a juvenile detention center for not more than ten (10) days, or by both such fine and detention.
Added by Laws 1995, c. 352, § 132, eff. July 1, 1995. Amended by Laws 1997, c. 350, § 6, eff. July 1, 1997; Laws 1998, c. 5, § 8, emerg. eff. March 4, 1998; Laws 1999, c. 406, § 1, eff. July 1, 1999; Laws 2000, c. 373, § 1, eff. July 1, 2000; Laws 2002, c. 473, § 5, eff. Nov. 1, 2002; Laws 2006, c. 124, § 9, eff. Nov. 1, 2006; Laws 2009, c. 234, § 53, emerg. eff. May 21, 2009. Renumbered from § 7303-5.3 of Title 10 by Laws 2009, c. 234, § 181, emerg. eff. May 21, 2009. Amended by Laws 2013, c. 404, § 14, eff. Nov. 1, 2013; Laws 2016, c. 234, § 1, eff. Nov. 1, 2016; Laws 2022, c. 259, § 2, eff. July 1, 2022.
NOTE: Laws 1997, c. 293, § 18 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998.

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