{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-1-105v1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-1-105v1","heading":"Definitions","body":"When used in the Oklahoma Children's Code, unless the context\n\notherwise requires:\n\n1. \"Abandonment\" means:\n\na. the willful intent by words, actions, or omissions not\n\nto return for a child, or\n\nb. the failure to maintain a significant parental\n\nrelationship with a child through visitation or\n\ncommunication in which incidental or token visits or\n\ncommunication are not considered significant, or\n\nc. the failure to respond to notice of deprived\n\nproceedings;\n\n2. \"Abuse\" means harm or threatened harm to the health, safety,\n\nor welfare of a child by a person responsible for the child's\n\nhealth, safety, or welfare, including but not limited to\n\nnonaccidental physical or mental injury, sexual abuse, or sexual\n\nexploitation. Provided, however, that nothing contained in the\n\nOklahoma Children's Code shall prohibit any parent from using\n\nordinary force as a means of discipline including, but not limited\n\nto, spanking, switching, or paddling.\n\na. \"Harm or threatened harm to the health or safety of a\n\nchild\" means any real or threatened physical, mental,\n\nor emotional injury or damage to the body or mind that\n\nis not accidental including but not limited to sexual\n\nabuse, sexual exploitation, neglect, or dependency.\n\nb. \"Sexual abuse\" includes but is not limited to rape,\n\nincest, and lewd or indecent acts or proposals made to\n\na child, as defined by law, by a person responsible\n\nfor the health, safety, or welfare of the child.\n\nc. \"Sexual exploitation\" includes but is not limited to\n\nallowing, permitting, encouraging, or forcing a child\n\nto engage in prostitution, as defined by law, by any\n\nperson eighteen (18) years of age or older or by a\n\nperson responsible for the health, safety, or welfare\n\nof a child, or allowing, permitting, encouraging, or\n\nengaging in the lewd, obscene, or pornographic, as\n\ndefined by law, photographing, filming, or depicting\n\nof a child in those acts by a person responsible for\n\nthe health, safety, and welfare of the child;\n\n3. \"Adjudication\" means a finding by the court that the\n\nallegations in a petition alleging that a child is deprived are\n\nsupported by a preponderance of the evidence;\n\n4. \"Adjudicatory hearing\" means a hearing by the court as\n\nprovided by Section 1-4-601 of this title;\n\n5. \"Age-appropriate or developmentally appropriate\" means:\n\na. activities or items that are generally accepted as\n\nsuitable for children of the same age or level of\n\nmaturity or that are determined to be developmentally\n\nappropriate for a child, based on the development of\n\ncognitive, emotional, physical, and behavioral\n\ncapacities that are typical for an age or age group,\n\nand\n\nb. in the case of a specific child, activities or items\n\nthat are suitable for that child based on the\n\ndevelopmental stages attained by the child with\n\nrespect to the cognitive, emotional, physical, and\n\nbehavioral capacities of the specific child.\n\nIn the event that any age-related activities have implications\n\nrelative to the academic curriculum of a child, nothing in this\n\nparagraph shall be construed to authorize an officer or employee of\n\nthe federal government to mandate, direct, or control a state or\n\nlocal educational agency, or the specific instructional content,\n\nacademic achievement standards and assessments, curriculum, or\n\nprogram of instruction of a school;\n\n6. \"Assessment\" means a comprehensive review of child safety\n\nand evaluation of family functioning and protective capacities that\n\nis conducted in response to a child abuse or neglect referral that\n\ndoes not allege a serious and immediate safety threat to a child;\n\n7. \"Behavioral health\" means mental health, substance abuse, or\n\nco-occurring mental health and substance abuse diagnoses, and the\n\ncontinuum of mental health, substance abuse, or co-occurring mental\n\nhealth and substance abuse treatment;\nrotective capacities that\n\nis conducted in response to a child abuse or neglect referral that\n\ndoes not allege a serious and immediate safety threat to a child;\n\n7. \"Behavioral health\" means mental health, substance abuse, or\n\nco-occurring mental health and substance abuse diagnoses, and the\n\ncontinuum of mental health, substance abuse, or co-occurring mental\n\nhealth and substance abuse treatment;\n\n8. \"Child\" means any unmarried person under eighteen (18) years\n\nof age;\n\n9. \"Child advocacy center\" means a center and the\n\nmultidisciplinary child abuse team of which it is a member that is\n\naccredited by the National Children's Alliance or that is completing\n\na sixth year of reaccreditation. Child advocacy centers shall be\n\nclassified, based on the child population of a district attorney's\n\ndistrict, as follows:\n\na. nonurban centers in districts with child populations\n\nthat are less than sixty thousand (60,000), and\n\nb. midlevel nonurban centers in districts with child\n\npopulations equal to or greater than sixty thousand\n\n(60,000), but not including Oklahoma and Tulsa\n\nCounties;\n\n10. \"Child with a disability\" means any child who has a\n\nphysical or mental impairment which substantially limits one or more\n\nof the major life activities of the child, or who is regarded as\n\nhaving such an impairment by a competent medical professional;\n\n11. \"Child-placing agency\" means an agency that arranges for or\n\nplaces a child in a foster family home, family-style living program,\n\ngroup home, adoptive home, or a successful adulthood program;\n\n12. \"Children's emergency resource center\" means a community-\n\nbased program that may provide emergency care and a safe and\n\nstructured homelike environment or a host home for children\n\nproviding food, clothing, shelter and hygiene products to each child\n\nserved; after-school tutoring; counseling services; life-skills\n\ntraining; transition services; assessments; family reunification;\n\nrespite care; transportation to or from school, doctors'\n\nappointments, visitations and other social, school, court or other\n\nactivities when necessary; and a stable environment for children in\n\ncrisis who are in custody of the Department of Human Services if\n\npermitted under the Department's policies and regulations, or who\n\nhave been voluntarily placed by a parent or custodian during a\n\ntemporary crisis;\n\n13. \"Community-based services\" or \"community-based programs\"\n\nmeans services or programs which maintain community participation or\n\nsupervision in their planning, operation, and evaluation.\n\nCommunity-based services and programs may include, but are not\n\nlimited to, emergency shelter, crisis intervention, group work, case\n\nsupervision, job placement, recruitment and training of volunteers,\n\nconsultation, medical, educational, home-based services, vocational,\n\nsocial, preventive and psychological guidance, training, counseling,\n\nearly intervention and diversionary substance abuse treatment,\n\nsexual abuse treatment, transitional living, independent living, and\n\nother related services and programs;\n\n14. \"Concurrent permanency planning\" means, when indicated, the\n\nimplementation of two plans for a child entering foster care. One\n\nplan focuses on reuniting the parent and child; the other seeks to\n\nfind a permanent out-of-home placement for the child with both plans\n\nbeing pursued simultaneously;\n\n15. \"Court-appointed special advocate\" or \"CASA\" means a\n\nresponsible adult volunteer who has been trained and is supervised\n\nby a court-appointed special advocate program recognized by the\n\ncourt, and when appointed by the court, serves as an officer of the\n\ncourt in the capacity as a guardian ad litem;\n\n16. \"Court-appointed special advocate program\" means an\n\norganized program, administered by either an independent, not-for-\n\nprofit corporation, a dependent project of an independent, not-for-\n\nprofit corporation or a unit of local government, which recruits,\nogram recognized by the\n\ncourt, and when appointed by the court, serves as an officer of the\n\ncourt in the capacity as a guardian ad litem;\n\n16. \"Court-appointed special advocate program\" means an\n\norganized program, administered by either an independent, not-for-\n\nprofit corporation, a dependent project of an independent, not-for-\n\nprofit corporation or a unit of local government, which recruits,\n\nscreens, trains, assigns, supervises and supports volunteers to be\n\navailable for appointment by the court as guardians ad litem;\n\n17. \"Custodian\" means an individual other than a parent, legal\n\nguardian or Indian custodian, to whom legal custody of the child has\n\nbeen awarded by the court. As used in this title, the term\n\n\"custodian\" shall not mean the Department of Human Services;\n\n18. \"Day treatment\" means a nonresidential program which\n\nprovides intensive services to a child who resides in the child's\n\nown home, the home of a relative, group home, a foster home or\n\nresidential child care facility. Day treatment programs include,\n\nbut are not limited to, educational services;\n\n19. \"Department\" means the Department of Human Services;\n\n20. \"Dependency\" means a child who is homeless or without\n\nproper care or guardianship through no fault of his or her parent,\n\nlegal guardian, or custodian;\n\n21. \"Deprived child\" means a child:\n\na. who is for any reason destitute, homeless, or\n\nabandoned,\n\nb. who does not have the proper parental care or\n\nguardianship,\n\nc. who has been abused, neglected, or is dependent,\n\nd. whose home is an unfit place for the child by reason\n\nof depravity on the part of the parent or legal\n\nguardian of the child, or other person responsible for\n\nthe health or welfare of the child,\n\ne. who is a child in need of special care and treatment\n\nbecause of the child's physical or mental condition,\n\nand the child's parents, legal guardian, or other\n\ncustodian is unable or willfully fails to provide such\n\nspecial care and treatment. As used in this\n\nparagraph, a child in need of special care and\n\ntreatment includes, but is not limited to, a child who\n\nat birth tests positive for alcohol or a controlled\n\ndangerous substance and who, pursuant to a drug or\n\nalcohol screen of the child and an assessment of the\n\nparent, is determined to be at risk of harm or\n\nthreatened harm to the health or safety of a child,\n\nf. who is a child with a disability deprived of the\n\nnutrition necessary to sustain life or of the medical\n\ntreatment necessary to remedy or relieve a life-\n\nthreatening medical condition in order to cause or\n\nallow the death of the child if such nutrition or\n\nmedical treatment is generally provided to similarly\n\nsituated children without a disability or children\n\nwith disabilities; provided that no medical treatment\n\nshall be necessary if, in the reasonable medical\n\njudgment of the attending physician, such treatment\n\nwould be futile in saving the life of the child,\n\ng. who, due to improper parental care and guardianship,\n\nis absent from school as specified in Section 10-106\n\nof Title 70 of the Oklahoma Statutes, if the child is\n\nsubject to compulsory school attendance,\n\nh. whose parent, legal guardian or custodian for good\n\ncause desires to be relieved of custody,\n\ni. who has been born to a parent whose parental rights to\n\nanother child have been involuntarily terminated by\n\nthe court and the conditions which led to the making\n\nof the finding, which resulted in the termination of\n\nthe parental rights of the parent to the other child,\n\nhave not been corrected, or\n\nj. whose parent, legal guardian, or custodian has\n\nsubjected another child to abuse or neglect or has\n\nallowed another child to be subjected to abuse or\n\nneglect and is currently a respondent in a deprived\n\nproceeding.\n\nNothing in the Oklahoma Children's Code shall be construed to\n\nmean a child is deprived for the sole reason the parent, legal\nrent to the other child,\n\nhave not been corrected, or\n\nj. whose parent, legal guardian, or custodian has\n\nsubjected another child to abuse or neglect or has\n\nallowed another child to be subjected to abuse or\n\nneglect and is currently a respondent in a deprived\n\nproceeding.\n\nNothing in the Oklahoma Children's Code shall be construed to\n\nmean a child is deprived for the sole reason the parent, legal\n\nguardian, or person having custody or control of a child, in good\n\nfaith, selects and depends upon spiritual means alone through\n\nprayer, in accordance with the tenets and practice of a recognized\n\nchurch or religious denomination, for the treatment or cure of\n\ndisease or remedial care of such child.\n\nEvidence of material, educational or cultural disadvantage as\n\ncompared to other children shall not be sufficient to prove that a\n\nchild is deprived; the state shall prove that the child is deprived\n\nas defined pursuant to this title.\n\nNothing contained in this paragraph shall prevent a court from\n\nimmediately assuming custody of a child and ordering whatever action\n\nmay be necessary, including medical treatment, to protect the\n\nchild's health or welfare;\n\n22. \"Dispositional hearing\" means a hearing by the court as\n\nprovided by Section 1-4-706 of this title;\n\n23. \"Drug-endangered child\" means a child who is at risk of\n\nsuffering physical, psychological or sexual harm as a result of the\n\nuse, possession, distribution, manufacture or cultivation of\n\ncontrolled substances, or the attempt of any of these acts, by a\n\nperson responsible for the health, safety or welfare of the child,\n\nas defined in this section. This term includes circumstances\n\nwherein the substance abuse of the person responsible for the\n\nhealth, safety or welfare of the child interferes with that person's\n\nability to parent and provide a safe and nurturing environment for\n\nthe child;\n\n24. \"Emergency custody\" means the custody of a child prior to\n\nadjudication of the child following issuance of an order of the\n\ndistrict court pursuant to Section 1-4-201 of this title or\n\nfollowing issuance of an order of the district court pursuant to an\n\nemergency custody hearing, as specified by Section 1-4-203 of this\n\ntitle;\n\n25. \"Facility\" means a place, an institution, a building or\n\npart thereof, a set of buildings, or an area whether or not\n\nenclosing a building or set of buildings used for the lawful custody\n\nand treatment of children;\n\n26. \"Failure to protect\" means failure to take reasonable\n\naction to remedy or prevent child abuse or neglect, and includes the\n\nconduct of a nonabusing parent or guardian who knows the identity of\n\nthe abuser or the person neglecting the child, but lies, conceals or\n\nfails to report the child abuse or neglect or otherwise take\n\nreasonable action to end the abuse or neglect;\n\n27. \"Family-style living program\" means a residential program\n\nproviding sustained care and supervision to residents in a homelike\n\nenvironment not located in a building used for commercial activity;\n\n28. \"Foster care\" or \"foster care services\" means continuous\n\ntwenty-four-hour care and supportive services provided for a child\n\nin foster placement including, but not limited to, the care,\n\nsupervision, guidance, and rearing of a foster child by the foster\n\nparent;\n\n29. \"Foster family home\" means the private residence of a\n\nfoster parent who provides foster care services to a child. Such\n\nterm shall include a nonkinship foster family home, a therapeutic\n\nfoster family home, or the home of a relative or other kinship care\n\nhome;\n\n30. \"Foster parent eligibility assessment\" includes a criminal\n\nbackground investigation including, but not limited to, a national\n\ncriminal history records search based upon the submission of\n\nfingerprints, home assessments, and any other assessment required by\noma Statutes - Title 10A. Children and Juvenile Code Page 16\n\nfoster family home, or the home of a relative or other kinship care\n\nhome;\n\n30. \"Foster parent eligibility assessment\" includes a criminal\n\nbackground investigation including, but not limited to, a national\n\ncriminal history records search based upon the submission of\n\nfingerprints, home assessments, and any other assessment required by\n\nthe Department of Human Services, the Office of Juvenile Affairs, or\n\nany child-placing agency pursuant to the provisions of the Oklahoma\n\nChild Care Facilities Licensing Act;\n\n31. \"Guardian ad litem\" means a person appointed by the court\n\npursuant to the provisions of Section 1-4-306 of this title having\n\nthose duties and responsibilities as set forth in that section. The\n\nterm \"guardian ad litem\" shall refer to a court-appointed special\n\nadvocate as well as to any other person appointed pursuant to the\n\nprovisions of Section 1-4-306 of this title to serve as a guardian\n\nad litem;\n\n32. \"Guardian ad litem of the estate of the child\" means a\n\nperson appointed by the court to protect the property interests of a\n\nchild pursuant to Section 1-8-108 of this title;\n\n33. \"Group home\" means a residential facility licensed by the\n\nDepartment to provide full-time care and community-based services\n\nfor more than five but fewer than thirteen children;\n\n34. \"Harm or threatened harm to the health or safety of a\n\nchild\" means any real or threatened physical, mental, or emotional\n\ninjury or damage to the body or mind that is not accidental\n\nincluding, but not limited to, sexual abuse, sexual exploitation,\n\nneglect, or dependency;\n\n35. \"Heinous and shocking abuse\" includes, but is not limited\n\nto, aggravated physical abuse that results in serious bodily,\n\nmental, or emotional injury. \"Serious bodily injury\" means injury\n\nthat involves:\n\na. a substantial risk of death,\n\nb. extreme physical pain,\n\nc. protracted disfigurement,\n\nd. a loss or impairment of the function of a body member,\n\norgan, or mental faculty,\n\ne. an injury to an internal or external organ or the\n\nbody,\n\nf. a bone fracture,\n\ng. sexual abuse or sexual exploitation,\n\nh. chronic abuse including, but not limited to, physical,\n\nemotional, or sexual abuse, or sexual exploitation\n\nwhich is repeated or continuing,\n\ni. torture that includes, but is not limited to,\n\ninflicting, participating in or assisting in\n\ninflicting intense physical or emotional pain upon a\n\nchild repeatedly over a period of time for the purpose\n\nof coercing or terrorizing a child or for the purpose\n\nof satisfying the craven, cruel, or prurient desires\n\nof the perpetrator or another person, or\n\nj. any other similar aggravated circumstance;\n\n36. \"Heinous and shocking neglect\" includes, but is not limited\n\nto:\n\na. chronic neglect that includes, but is not limited to,\n\na persistent pattern of family functioning in which\n\nthe caregiver has not met or sustained the basic needs\n\nof a child which results in harm to the child,\n\nb. neglect that has resulted in a diagnosis of the child\n\nas a failure to thrive,\n\nc. an act or failure to act by a parent that results in\n\nthe death or near death of a child or sibling, serious\n\nphysical or emotional harm, sexual abuse, sexual\n\nexploitation, or presents an imminent risk of serious\n\nharm to a child, or\n\nd. any other similar aggravating circumstance;\n\n37. \"Individualized service plan\" means a document written\n\npursuant to Section 1-4-704 of this title that has the same meaning\n\nas \"service plan\" or \"treatment plan\" where those terms are used in\n\nthe Oklahoma Children's Code;\n\n38. \"Infant\" means a child who is twelve (12) months of age or\n\nyounger;\n\n39. \"Institution\" means a residential facility offering care\n\nand treatment for more than twenty residents;\n\n40. a. \"Investigation\" means a response to an allegation of\n\nabuse or neglect that involves a serious and immediate\n\nthreat to the safety of the child, making it necessary\ns are used in\n\nthe Oklahoma Children's Code;\n\n38. \"Infant\" means a child who is twelve (12) months of age or\n\nyounger;\n\n39. \"Institution\" means a residential facility offering care\n\nand treatment for more than twenty residents;\n\n40. a. \"Investigation\" means a response to an allegation of\n\nabuse or neglect that involves a serious and immediate\n\nthreat to the safety of the child, making it necessary\n\nto determine:\n\n(1) the current safety of a child and the risk of\n\nsubsequent abuse or neglect, and\n\n(2) whether child abuse or neglect occurred and\n\nwhether the family needs prevention- and\n\nintervention-related services.\n\nb. \"Investigation\" results in a written response stating\n\none of the following findings:\n\n(1) \"substantiated\" means the Department has\n\ndetermined, after an investigation of a report of\n\nchild abuse or neglect and based upon some\n\ncredible evidence, that child abuse or neglect\n\nhas occurred. When child abuse or neglect is\n\nsubstantiated, the Department may recommend:\n\n(a) court intervention if the Department finds\n\nthe health, safety, or welfare of the child\n\nis threatened, or\n\n(b) child abuse and neglect prevention- and\n\nintervention-related services for the child,\n\nparents or persons responsible for the care\n\nof the child if court intervention is not\n\ndetermined to be necessary,\n\n(2) \"unsubstantiated\" means the Department has\n\ndetermined, after an investigation of a report of\n\nchild abuse or neglect, that insufficient\n\nevidence exists to fully determine whether child\n\nabuse or neglect has occurred. If child abuse or\n\nneglect is unsubstantiated, the Department may\n\nrecommend, when determined to be necessary, that\n\nthe parents or persons responsible for the care\n\nof the child obtain child abuse and neglect\n\nprevention- and intervention-related services, or\n\n(3) \"ruled out\" means a report in which a child\n\nprotective services specialist has determined,\n\nafter an investigation of a report of child abuse\n\nor neglect, that no child abuse or neglect has\n\noccurred;\n\n41. \"Kinship care\" means full-time care of a child by a kinship\n\nrelation;\n\n42. \"Kinship guardianship\" means a permanent guardianship as\n\ndefined in this section;\n\n43. \"Kinship relation\" or \"kinship relationship\" means\n\nrelatives, stepparents, or other responsible adults who have a bond\n\nor tie with a child and/or to whom has been ascribed a family\n\nrelationship role with the child's parents or the child; provided,\n\nhowever, in cases where the Indian Child Welfare Act applies, the\n\ndefinitions contained in 25 U.S.C., Section 1903 shall control;\n\n44. \"Mental health facility\" means a mental health or substance\n\nabuse treatment facility as defined by the Inpatient Mental Health\n\nand Substance Abuse Treatment of Minors Act;\n\n45. \"Minor\" means the same as the term \"child\" as defined in\n\nthis section;\n\n46. \"Minor in need of treatment\" means a child in need of\n\nmental health or substance abuse treatment as defined by the\n\nInpatient Mental Health and Substance Abuse Treatment of Minors Act;\n\n47. \"Multidisciplinary child abuse team\" means any team\n\nestablished pursuant to Section 1-9-102 of this title of three or\n\nmore persons who are trained in the prevention, identification,\n\ninvestigation, prosecution, and treatment of physical and sexual\n\nchild abuse and who are qualified to facilitate a broad range of\n\nprevention- and intervention-related services and services related\n\nto child abuse. For purposes of this definition, \"freestanding\"\n\nmeans a team not used by a child advocacy center for its\n\naccreditation;\n\n48. \"Near death\" means a child is in serious or critical\n\ncondition, as certified by a physician, as a result of abuse or\n\nneglect;\n\n49. a. \"Neglect\" means:\n\n(1) the failure or omission to provide any of the\n\nfollowing:\nses of this definition, \"freestanding\"\n\nmeans a team not used by a child advocacy center for its\n\naccreditation;\n\n48. \"Near death\" means a child is in serious or critical\n\ncondition, as certified by a physician, as a result of abuse or\n\nneglect;\n\n49. a. \"Neglect\" means:\n\n(1) the failure or omission to provide any of the\n\nfollowing:\n\n(a) adequate nurturance and affection, food,\n\nclothing, shelter, sanitation, hygiene, or\n\nappropriate education,\n\n(b) medical, dental, or behavioral health care,\n\n(c) supervision or appropriate caretakers to\n\nprotect the child from harm or threatened\n\nharm of which any reasonable and prudent\n\nperson responsible for the child's health,\n\nsafety or welfare would be aware, or\n\n(d) special care made necessary for the child's\n\nhealth and safety by the physical or mental\n\ncondition of the child,\n\n(2) the failure or omission to protect a child from\n\nexposure to any of the following:\n\n(a) the use, possession, sale, or manufacture of\n\nillegal drugs,\n\n(b) illegal activities, or\n\n(c) sexual acts or materials that are not age-\n\nappropriate, or\n\n(3) abandonment.\n\nb. \"Neglect\" shall not mean a child who engages in\n\nindependent activities, except if the person\n\nresponsible for the child's health, safety or welfare\n\nwillfully disregards any harm or threatened harm to\n\nthe child, given the child's level of maturity,\n\nphysical condition or mental abilities. Such\n\nindependent activities include but are not limited to:\n\n(1) traveling to and from school including by\n\nwalking, running or bicycling,\n\n(2) traveling to and from nearby commercial or\n\nrecreational facilities,\n\n(3) engaging in outdoor play,\n\n(4) remaining at home unattended for a reasonable\n\namount of time,\n\n(5) remaining in a vehicle if the temperature inside\n\nthe vehicle is not or will not become dangerously\n\nhot or cold, except under the conditions\n\ndescribed in Section 11-1119 of Title 47 of the\n\nOklahoma Statutes, or\n\n(6) engaging in similar activities alone or with\n\nother children.\n\nNothing in this paragraph shall be construed to mean a child is\n\nabused or neglected for the sole reason the parent, legal guardian\n\nor person having custody or control of a child, in good faith,\n\nselects and depends upon spiritual means alone through prayer, in\n\naccordance with the tenets and practice of a recognized church or\n\nreligious denomination, for the treatment or cure of disease or\n\nremedial care of such child. Nothing contained in this paragraph\n\nshall prevent a court from immediately assuming custody of a child,\n\npursuant to the Oklahoma Children's Code, and ordering whatever\n\naction may be necessary, including medical treatment, to protect the\n\nchild's health or welfare;\n\n50. \"Permanency hearing\" means a hearing by the court pursuant\n\nto Section 1-4-811 of this title;\n\n51. \"Permanent custody\" means the court-ordered custody of an\n\nadjudicated deprived child when a parent-child relationship no\n\nlonger exists due to termination of parental rights or due to the\n\ndeath of a parent or parents;\n\n52. \"Permanent guardianship\" means a judicially created\n\nrelationship between a child, a kinship relation of the child, or\n\nother adult established pursuant to the provisions of Section 1-4-\n\n709 of this title;\n\n53. \"Person responsible for a child's health, safety, or\n\nwelfare\" includes a parent; a legal guardian; custodian; a foster\n\nparent; a person eighteen (18) years of age or older with whom the\n\nchild's parent cohabitates or any other adult residing in the home\n\nof the child; an agent or employee of a public or private\n\nresidential home, institution, facility or day treatment program as\n\ndefined in Section 175.20 of Title 10 of the Oklahoma Statutes; or\n\nan owner, operator, or employee of a child care facility as defined\n\nby Section 402 of Title 10 of the Oklahoma Statutes;\n\n54. \"Plan of safe care\" means a plan developed for an infant\nesiding in the home\n\nof the child; an agent or employee of a public or private\n\nresidential home, institution, facility or day treatment program as\n\ndefined in Section 175.20 of Title 10 of the Oklahoma Statutes; or\n\nan owner, operator, or employee of a child care facility as defined\n\nby Section 402 of Title 10 of the Oklahoma Statutes;\n\n54. \"Plan of safe care\" means a plan developed for an infant\n\nwith Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum\n\nDisorder upon release from the care of a health care provider that\n\naddresses the health and substance use treatment needs of the infant\n\nand mother or caregiver;\n\n55. \"Protective custody\" means custody of a child taken by a\n\nlaw enforcement officer or designated employee of the court without\n\na court order;\n\n56. \"Putative father\" means an alleged father as that term is\n\ndefined in Section 7700-102 of Title 10 of the Oklahoma Statutes;\n\n57. \"Qualified residential treatment program\" means a program\n\nthat:\n\na. has a trauma-informed treatment model that is designed\n\nto address the needs including clinical needs as\n\nappropriate, of children with serious emotional or\n\nbehavioral disorders or disturbances and, with respect\n\nto a child, is able to implement the treatment\n\nidentified for the child from a required assessment,\n\nb. has registered or licensed nursing staff and other\n\nlicensed clinical staff who:\n\n(1) provide care within the scope of their practice\n\nas defined by the laws of this state,\n\n(2) are on-site according to the treatment model\n\nreferred to in subparagraph a of this paragraph,\n\nand\n\n(3) are available twenty-four (24) hours a day and\n\nseven (7) days a week,\n\nc. to the extent appropriate, and in accordance with the\n\nchild's best interest, facilitates participation of\n\nfamily members in the child's treatment program,\n\nd. facilitates outreach to the family members of the\n\nchild including siblings, documents how the outreach\n\nis made including contact information, and maintains\n\ncontact information for any known biological family of\n\nthe child,\n\ne. documents how family members are integrated into the\n\ntreatment process for the child including post-\n\ndischarge, and how sibling connections are maintained,\n\nf. provides discharge planning and family-based aftercare\n\nsupport for at least six (6) months post-discharge,\n\nand\n\ng. is licensed and accredited by any of the following\n\nindependent, not-for-profit organizations:\n\n(1) The Commission on Accreditation of Rehabilitation\n\nFacilities (CARF),\n\n(2) The Joint Commission on Accreditation of\n\nHealthcare Organizations (JCAHO),\n\n(3) The Council on Accreditation (COA), or\n\n(4) any other federally approved independent, not-\n\nfor-profit accrediting organization;\n\n58. \"Reasonable and prudent parent standard\" means the standard\n\ncharacterized by careful and sensible parental decisions that\n\nmaintain the health, safety, and best interests of a child while at\n\nthe same time encouraging the emotional and developmental growth of\n\nthe child. This standard shall be used by the child's caregiver\n\nwhen determining whether to allow a child to participate in\n\nextracurricular, enrichment, cultural, and social activities. For\n\npurposes of this definition, the term \"caregiver\" means a foster\n\nparent with whom a child in foster care has been placed, a\n\nrepresentative of a group home where a child has been placed or a\n\ndesignated official for a residential child care facility where a\n\nchild in foster care has been placed;\n\n59. \"Relative\" means a grandparent, great-grandparent, brother\n\nor sister of whole or half blood, aunt, uncle or any other person\n\nrelated to the child;\n\n60. \"Residential child care facility\" means a twenty-four-hour\n\nresidential facility where children live together with or are\n\nsupervised by adults who are not their parents or relatives;\nStatutes - Title 10A. Children and Juvenile Code Page 22\n\n59. \"Relative\" means a grandparent, great-grandparent, brother\n\nor sister of whole or half blood, aunt, uncle or any other person\n\nrelated to the child;\n\n60. \"Residential child care facility\" means a twenty-four-hour\n\nresidential facility where children live together with or are\n\nsupervised by adults who are not their parents or relatives;\n\n61. \"Review hearing\" means a hearing by the court pursuant to\n\nSection 1-4-807 of this title;\n\n62. \"Risk\" means the likelihood that an incident of child abuse\n\nor neglect will occur in the future;\n\n63. \"Safety threat\" means the threat of serious harm due to\n\nchild abuse or neglect occurring in the present or in the very near\n\nfuture and without the intervention of another person, a child would\n\nlikely or in all probability sustain severe or permanent disability\n\nor injury, illness, or death;\n\n64. \"Safety analysis\" means action taken by the Department in\n\nresponse to a report of alleged child abuse or neglect that may\n\ninclude an assessment or investigation based upon an analysis of the\n\ninformation received according to priority guidelines and other\n\ncriteria adopted by the Department;\n\n65. \"Safety evaluation\" means evaluation of a child's situation\n\nby the Department using a structured, evidence-based tool to\n\ndetermine if the child is subject to a safety threat;\n\n66. \"Secure facility\" means a facility which is designed and\n\noperated to ensure that all entrances and exits from the facility\n\nare subject to the exclusive control of the staff of the facility,\n\nwhether or not the juvenile being detained has freedom of movement\n\nwithin the perimeter of the facility, or a facility which relies on\n\nlocked rooms and buildings, fences, or physical restraint in order\n\nto control behavior of its residents;\n\n67. \"Sibling\" means a biologically or legally related brother\n\nor sister of a child. This includes an individual who satisfies at\n\nleast one of the following conditions with respect to a child:\n\na. the individual is considered by state law to be a\n\nsibling of the child, or\n\nb. the individual would have been considered a sibling\n\nunder state law but for a termination or other\n\ndisruption of parental rights, such as the death of a\n\nparent;\n\n68. \"Specialized foster care\" means foster care provided to a\n\nchild in a foster home or agency-contracted home which:\n\na. has been certified by the Developmental Disabilities\n\nServices Division of the Department of Human Services,\n\nb. is monitored by the Division, and\n\nc. is funded through the Home- and Community-Based Waiver\n\nServices Program administered by the Division;\n\n69. \"Successful adulthood program\" means a program specifically\n\ndesigned to assist a child to enhance those skills and abilities\n\nnecessary for successful adult living. A successful adulthood\n\nprogram may include, but shall not be limited to, such features as\n\nminimal direct staff supervision, and the provision of supportive\n\nservices to assist children with activities necessary for finding an\n\nappropriate place of residence, completing an education or\n\nvocational training, obtaining employment, or obtaining other\n\nsimilar services;\n\n70. \"Temporary custody\" means court-ordered custody of an\n\nadjudicated deprived child;\n\n71. \"Therapeutic foster family home\" means a foster family home\n\nwhich provides specific treatment services, pursuant to a\n\ntherapeutic foster care contract, which are designed to remedy\n\nsocial and behavioral problems of a foster child residing in the\n\nhome;\n\n72. \"Third party\" means any nonkin individual who is not\n\nrelated to the child by blood, marriage, or legal adoption;\n\n73. \"Trafficking in persons\" means sex trafficking or severe\n\nforms of trafficking in persons as described in Section 7102 of\n\nTitle 22 of the United States Code:\n\na. \"sex trafficking\" means the recruitment, harboring,\n\ntransportation, provision, obtaining, patronizing or\nhome;\n\n72. \"Third party\" means any nonkin individual who is not\n\nrelated to the child by blood, marriage, or legal adoption;\n\n73. \"Trafficking in persons\" means sex trafficking or severe\n\nforms of trafficking in persons as described in Section 7102 of\n\nTitle 22 of the United States Code:\n\na. \"sex trafficking\" means the recruitment, harboring,\n\ntransportation, provision, obtaining, patronizing or\n\nsoliciting of a person for the purpose of a commercial\n\nsex act, and\n\nb. \"severe forms of trafficking in persons\" means:\n\n(1) sex trafficking in which a commercial sex act is\n\ninduced by force, fraud, or coercion, or in which\n\nthe person induced to perform such act has not\n\nattained eighteen (18) years of age, or\n\n(2) the recruitment, harboring, transportation,\n\nprovision, obtaining, patronizing or soliciting\n\nof a person for labor or services, through the\n\nuse of force, fraud, or coercion for the purpose\n\nof subjection to involuntary servitude, peonage,\n\ndebt bondage, or slavery;\n\n74. \"Transitional living program\" means a residential program\n\nthat may be attached to an existing facility or operated solely for\n\nthe purpose of assisting children to develop the skills and\n\nabilities necessary for successful adult living. The program may\n\ninclude, but shall not be limited to, reduced staff supervision,\n\nvocational training, educational services, employment and employment\n\ntraining, and other appropriate independent living skills training\n\nas a part of the transitional living program; and\n\n75. \"Voluntary foster care placement\" means the temporary\n\nplacement of a child by the parent, legal guardian or custodian of\n\nthe child in foster care pursuant to a signed placement agreement\n\nbetween the Department or a child-placing agency and the child's\n\nparent, legal guardian or custodian.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"cc43cb91e03afb9e13d2043921b4955334b5535ce318e81c92e9b1b88a20cbf5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-1-105","next":"us-ok/okla.-stat.-tit.-10a-10a-1-1-105v2"},"notice":"GroundRules: Original legal text. Not legal advice."}