A. For the purposes of the Youthful Offender Act:
1. "Youthful offender" means a person:
if the offense was committed on or after November 1, 2022; provided, the state shall not base the timing of the filing of any charges solely on the applicability of the Youthful Offender Act;
2. "Sentenced as a youthful offender" means the imposition of a court order making disposition of a youthful offender as provided by Section 2-5-209 of this title which shall constitute an adult criminal sentence if the youthful offender is transferred to the custody or supervision of the Department of Corrections;
3. "Next friend" means an individual or executive of an organization who has assumed a parental role without formal legal proceedings, but to all objective observers is readily identified as custodian or guardian in fact;
4. "Certification as an adult" means a person for whom the court has granted a motion for the imposition of an adult sentence pursuant to subsection C of Section 7 of this act;
5. "Certification as a juvenile" means a person for whom the court has granted a motion for certification as a juvenile pursuant to subsection B of Section 6 of this act;
6. "Certification study" means a report prepared for the court by the Office of Juvenile Affairs that includes but is not limited to information related to the circumstances of an offense, any injury that may have occurred, the history of the person in the juvenile justice system, and a psychological evaluation. Such study shall address the guidelines established in subsection B of Section 6 of this act; and
7. "Juvenile delinquent" means a person who is accused of committing an act which could be prosecuted under subsection A, B, C, D, or E of Section 2-5-205 of this title and against whom the district attorney has chosen to file a petition alleging the person as delinquent.
B. It is the purpose of the Youthful Offender Act to better ensure the public safety by holding youths accountable for the commission of serious crimes, while affording courts methods of rehabilitation for those youths the courts determine, at their discretion, may be amenable to such methods. It is the further purpose of the Youthful Offender Act to allow those youthful offenders whom the courts find to be amenable to rehabilitation by the methods prescribed in the Youthful Offender Act to be placed in the custody or under the supervision of the Office of Juvenile Affairs for the purpose of accessing the rehabilitative programs provided by that Office.
C. It is the intent of the Legislature to fully utilize the Youthful Offender Act as a means to protect the public while rehabilitating and holding youth accountable for serious crimes. The Legislature finds that eligible seventeen-year-olds should have the opportunity to be processed as youthful offenders as provided by law and held accountable through the provisions of the Youthful Offender Act for custody, institutional placement, supervision, extended jurisdiction within the Office of Juvenile Affairs (OJA), and the ability to transfer youthful offenders to the Department of Corrections when incarceration or additional supervision is required beyond the maximum age allowed in the OJA. No older youth should be deemed ineligible or denied consideration as a youthful offender who is otherwise lawfully eligible based upon the age of the youth being seventeen (17) years, but it is the intent of the Legislature that such youthful offender shall not remain in the custody or under the supervision of the OJA beyond the youthful offender's maximum age of eighteen (18) years and six (6) months or until nineteen (19) years of age if jurisdiction has been extended as provided in subsection D of Section 9 of this act. To deny access to an otherwise eligible older youth without cause is to circumvent the original intent of the Legislature in creating the Youthful Offender Act.
D. Unless otherwise provided by law, when a court determines that a youthful offender has successfully completed his or her treatment and rehabilitation plan and is discharged by the court without a court judgment of guilt and the case dismissed with prejudice, the arrest or adjudication record does not have to be disclosed for the purposes of employment, civil rights, or any regulation, license, questionnaire, application, or any other public purpose. Any prohibition regarding possession of firearms pursuant to Section 1283 of Title 21 of the Oklahoma Statutes shall still be applicable.
E. In any case for which the court orders a certification study, the district attorney shall provide to the Office of Juvenile Affairs (OJA) a copy of any police report and all other relevant documents or information in the possession of the district attorney or any other law enforcement agency that has reported to the district attorney in the case, which should be considered in preparing the ordered report. The police reports, any report from the Oklahoma State Bureau of Investigation, and any other relevant documents or information as available, shall be provided to the OJA within five (5) business days of the issuance of the order.
F. In any case for which the court orders a certification study, the attorney for the youth is ordered to provide to OJA the names and contact information of the youth's parents, guardians, or next friend, along with any relevant documents or information the youth requests OJA to consider in the preparation of the ordered report. The names and contact information and any other documents or information shall be provided to OJA within five (5) business days of the issuance of the order.
Added by Laws 1994, c. 290, § 19, eff. July 1, 1996. Amended by Laws 1995, c. 352, § 165, eff. July 1, 1997. Renumbered from § 1507.16 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1997, c. 293, § 24, eff. July 1, 1997; Laws 2001, c. 357, § 3, eff. July 1, 2001; Laws 2006, c. 286, § 2, eff. July 1, 2006; Laws 2007, c. 1, § 9, emerg. eff. Feb. 22, 2007; Laws 2008, c. 277, § 1, emerg. eff. June 2, 2008; Laws 2009, c. 234, § 80, emerg. eff. May 21, 2009. Renumbered from § 7306-2.2 of Title 10 by Laws 2009, c. 234, § 188, emerg. eff. May 21, 2009. Amended by Laws 2022, c. 375, § 2, eff. Nov. 1, 2022.
NOTE: Laws 1996, c. 247, § 48 amended the effective date of Laws 1995, c. 352, § 165 from July 1, 1996, to July 1, 1997.
NOTE: Laws 2006, c. 285, § 1 repealed by Laws 2007, c. 1, § 10, emerg. eff. Feb. 22, 2007.
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.