Okla. Stat. tit. 10A, § 10A-1-7-101: Duties and rights of persons or agencies receiving
Where this section sits in the code
- OK Code
- Title 10A
custody - Exception.
A. This section applies to persons, institutions, or agencies,
other than the Department of Human Services, which receive custody
of a child pursuant to a court order as provided by the Oklahoma
Children's Code.
B. 1. The person, institution, or agency receiving custody
shall have the right to, and shall be responsible for, the care and
control of the child, and shall have the duty and authority to
provide the following for the child:
a. food, clothing, and shelter,
b. medical care as authorized by the court,
c. education and discipline, and
d. encouragement of the emotional and developmental
growth of the child by allowing the child to
participate in age-appropriate and developmentally
appropriate extracurricular, enrichment, cultural, and
social activities, using a reasonable and prudent
parent standard.
2. The person, institution, or agency may provide or arrange
for the emergency admission, inpatient evaluation, or inpatient
treatment of a child only pursuant to the Inpatient Mental Health
and Substance Abuse Treatment of Minors Act. Nothing in this
subsection shall be interpreted to prohibit or preclude the
provision of outpatient behavioral health services, including an
outpatient examination, counseling, educational, rehabilitative or
other similar services to such child, as necessary and appropriate,
in the absence of a specific court order for such services.
3. Nothing in this subsection shall be interpreted to:
a. relieve a parent of the obligation to provide for the
support of the child as otherwise provided by law, or
b. limit the authority of the court to order a parent to
make support payments or to make payments or
reimbursements for medical care or treatment,
including behavioral health care or treatment, to the
person, institution, or agency having custody of the
child, or
c. abrogate the right of the child to any benefits
provided through public funds for which the child is
otherwise eligible.
4. No person, agency, or institution shall be liable in a civil
suit for damages for authorizing or not authorizing medical care, as
determined by competent medical authority.
C. 1. If the child is placed in the custody of a person,
institution, or agency, whether in emergency, temporary, or
permanent custody, the person, institution, or agency shall ensure
the child is not returned to the care or supervision of any person
from whom the child was removed or to any person the court has
previously ordered not to have contact with the child without
specific authorization from the court.
2. The person, institution, or agency having legal custody of a
child pursuant to an order of the court shall receive notice of
court proceedings regarding the child and shall be allowed to
intervene upon application as a party to all court proceedings
pertaining to the care and custody of the child.
D. This section shall not apply when a parent or legal
custodian executes a power of attorney to delegate parental or legal
authority as authorized by Section 700 of Title 10 of the Oklahoma
Statutes.
Collected 2026-09-14T18:32:36Z. Source file · JSON