Okla. Stat. tit. 10A, § 10A-1-3-102: Medical care and treatment – Definitions –

Authorization and consent.

A. For purposes of this section:

1. “Routine and ordinary medical care and treatment” includes

any necessary medical and dental examinations and treatment, medical

screenings, clinical laboratory tests, blood testing, preventative

care, health assessments, physical examinations, immunizations,

contagious or infectious disease screenings or tests and care

required for treatment of illness and injury, including x-rays,

stitches and casts, or the provision of psychotropic medications but

does not include any type of extraordinary care; and

2. “Extraordinary medical care and treatment” includes, but is

not limited to, surgery, general anesthesia, blood transfusions, or

invasive or experimental procedures.

B. If a child taken into protective custody without a court

order requires emergency medical care prior to the emergency custody

hearing, and either the treatment is related to the suspected abuse

or neglect or the parent or legal guardian is unavailable or

unwilling to consent to treatment recommended by a physician, a

peace officer, court employee or the court may authorize such

treatment as is necessary to safeguard the health or life of the

child. Before a peace officer, court employee or the court

authorizes treatment based on unavailability of the parent or legal

guardian, law enforcement shall exercise diligence in locating the

parent or guardian, if known.

C. 1. If a child has been placed in the custody of the

Department of Human Services, the Department shall have the

authority to consent to routine and ordinary medical care and

treatment. The Department shall make reasonable attempts to notify

the child’s parent or legal guardian of the provision of routine and

ordinary medical care and treatment and to keep the parent or legal

guardian involved in such care.

2. In no case shall the Department consent to a child’s

abortion, sterilization, termination of life support or a “Do Not

Resuscitate” order. The court may authorize the withdrawal of life-

sustaining medical treatment or the denial of the administration of

cardiopulmonary resuscitation on behalf of a child in the

Department’s custody upon the written recommendation of a licensed

physician, after notice to the parties and a hearing.

3. Nothing herein shall prevent the Department from

authorizing, in writing, any person, foster parent or administrator

of a facility into whose care a child in its custody has been

entrusted, to consent to routine and ordinary medical care and

treatment to be rendered to a child upon the advice of a licensed

physician, including the continuation of psychotropic medication.

D. Consent for a child’s extraordinary medical care and

treatment shall be obtained from the parent or legal guardian unless

the treatment is either related to the abuse or neglect or the

parent or legal guardian is unavailable or refuses to consent to

such care, in which case in an emergency, based upon recommendation

of a physician, the court may enter an ex parte order authorizing

such treatment or procedure in order to safeguard the child’s health

or life. If the recommended extraordinary medical care and

treatment is not an emergency, the court shall hold a hearing, upon

application by the district attorney and notice to all parties, and

may authorize such recommended extraordinary care.

E. If a child has been placed in the custody of a person, other

than a parent or legal guardian, or an institution or agency other

than the Department, the court shall determine the authority of the

person, institution, or agency to consent to medical care including

routine and ordinary medical care and treatment and extraordinary

care. The parent, legal guardian, or person having legal custody

If a child has been placed in the custody of a person, other

than a parent or legal guardian, or an institution or agency other

than the Department, the court shall determine the authority of the

person, institution, or agency to consent to medical care including

routine and ordinary medical care and treatment and extraordinary

care. The parent, legal guardian, or person having legal custody

shall be responsible for the costs of medical care as determined by

the court.