A. A child who is arrested for an offense pursuant to subsection A, B, C, D, or E of Section 2-5-205 of this title, may, depending on the child's age and alleged crime, be charged as a juvenile delinquent, youthful offender, or an adult. If charged as a juvenile delinquent, a petition shall be filed. If charged as a youthful offender or adult, an information shall be filed. At any time after the child is charged as a youthful offender or adult, the district attorney may dismiss the information and file a juvenile delinquent petition.
B. If the child is not otherwise represented by counsel and either the child, his or her parent, guardian, or next friend requests an attorney prior to or during interrogation, or upon being charged by information, as provided in subsection A of this section, the court shall appoint an attorney, who shall not be a district attorney, for the child regardless of any attempted waiver by the parent, guardian, or next friend of the right to be represented by counsel. If the court appoints an attorney for a child for the interrogation or at the initial appearance, the court shall review the appointment at a subsequent hearing to determine if the child, parent, guardian, or next friend qualifies for a court-appointed attorney.
C. When a person proceeds to trial as either a youthful offender or as an adult as provided by the Youthful Offender Act, the accused person shall have all the statutory and constitutional rights and protections of an adult accused of a crime. All proceedings shall be as for a criminal action and the provisions of Title 22 of the Oklahoma Statutes shall apply, except as provided for in the Youthful Offender Act.
D. All youthful offender court records for a person who is certified to stand trial as an adult or youthful offender shall be considered adult records and shall not be subject to the provisions of Chapter 6 of the Oklahoma Juvenile Code; provided, however, all reports, evaluations, motions, records, exhibits or documents regarding the educational history, mental health or medical treatment or condition of the person that are submitted to the court or admitted into evidence during the hearing on the motion for certification as a juvenile or a youthful offender or on the motion for imposition of an adult sentence shall be confidential and shall be filed or admitted under seal, except that such records shall be provided to the Office of Juvenile Affairs. Any testimony regarding the reports, evaluations, motions, records, exhibits or documents shall be given in camera and shall not be open to the general public; provided, all persons having a direct interest in the case as provided in paragraph 1 of subsection A of Section 2-2-402 of this title shall be allowed to be present during the testimony but shall be admonished not to discuss the testimony following the hearing. All reports, evaluations, motions, records, exhibits or documents shall be released from under seal by order of the court if the youthful offender is sentenced to the custody or supervision of the Department of Corrections by the court pursuant to paragraph 1 of subsection B of Section 2-5-209 or subsection B of Section 2-5-210 of this title or if the juvenile or youthful offender is later charged as an adult with a felony crime.
E. Proceedings against a youthful offender shall be heard by any judge of the district court.
F. Upon arrest and detention of a person subject to the provisions of the Youthful Offender Act, the person has the same right to be released on bail as would an adult in the same circumstances.
G. Upon a verdict of guilty or entry of a plea of guilty or nolo contendere by a youthful offender who has been certified for the imposition of an adult sentence as provided by Section 2-5-207 of this title, the person may be detained in an adult jail, adult lockup, adult detention facility or other adult facility if that facility is licensed by the State Department of Health to detain children under eighteen (18) years of age while the person is awaiting housing by the Department of Corrections.
H. A child or youthful offender shall be tried as an adult in all subsequent criminal prosecutions, and shall not be subject to the jurisdiction of the juvenile court as a juvenile delinquent or youthful offender processes in any further proceedings if:
1. The child or youthful offender has been certified to stand trial as an adult pursuant to any certification procedure provided by law and is subsequently convicted of the alleged offense or against whom the imposition of judgment and sentence has been deferred; or
2. The youthful offender has been certified for the imposition of an adult sentence as provided by Section 2-5-207 of this title and is subsequently convicted of the alleged offense or against whom the imposition of judgment and sentencing has been deferred.
I. Except as otherwise provided in the Youthful Offender Act, a person who has been certified as a youthful offender shall be prosecuted as a youthful offender in all subsequent criminal proceedings until the youthful offender has attained eighteen (18) years of age.
All proceedings for the commission of a crime committed after a youthful offender has reached eighteen (18) years of age shall be adult proceedings.
Added by Laws 1994, c. 290, § 21, eff. July 1, 1996. Amended by Laws 1995, c. 352, § 167, eff. July 1, 1997. Renumbered from § 1507.18 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1997, c. 293, § 26, eff. July 1, 1997; Laws 1998, c. 268, § 10, eff. July 1, 1998; Laws 2000, c. 373, § 3, eff. July 1, 2000; Laws 2006, c. 286, § 3, eff. July 1, 2006; Laws 2008, c. 277, § 2, emerg. eff. June 2, 2008; Laws 2009, c. 234, § 82, emerg. eff. May 21, 2009. Renumbered from § 7306-2.4 of Title 10 by Laws 2009, c. 234, § 188, emerg. eff. May 21, 2009. Amended by Laws 2018, c. 155, § 4, eff. Nov. 1, 2018; Laws 2021, c. 432, § 3, eff. Nov. 1, 2021; Laws 2022, c. 375, § 4, eff. Nov. 1, 2022.
NOTE: Laws 1996, c. 247, § 48 amended the effective date in Laws 1995, c. 352, § 204 from July 1, 1996, to July 1, 1997.
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.