{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-3-102","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-3-102","heading":"Medical care and treatment – Definitions –","body":"Authorization and consent.\n\nA. For purposes of this section:\n\n1. “Routine and ordinary medical care and treatment” includes\n\nany necessary medical and dental examinations and treatment, medical\n\nscreenings, clinical laboratory tests, blood testing, preventative\n\ncare, health assessments, physical examinations, immunizations,\n\ncontagious or infectious disease screenings or tests and care\n\nrequired for treatment of illness and injury, including x-rays,\n\nstitches and casts, or the provision of psychotropic medications but\n\ndoes not include any type of extraordinary care; and\n\n2. “Extraordinary medical care and treatment” includes, but is\n\nnot limited to, surgery, general anesthesia, blood transfusions, or\n\ninvasive or experimental procedures.\n\nB. If a child taken into protective custody without a court\n\norder requires emergency medical care prior to the emergency custody\n\nhearing, and either the treatment is related to the suspected abuse\n\nor neglect or the parent or legal guardian is unavailable or\n\nunwilling to consent to treatment recommended by a physician, a\n\npeace officer, court employee or the court may authorize such\n\ntreatment as is necessary to safeguard the health or life of the\n\nchild. Before a peace officer, court employee or the court\n\nauthorizes treatment based on unavailability of the parent or legal\n\nguardian, law enforcement shall exercise diligence in locating the\n\nparent or guardian, if known.\n\nC. 1. If a child has been placed in the custody of the\n\nDepartment of Human Services, the Department shall have the\n\nauthority to consent to routine and ordinary medical care and\n\ntreatment. The Department shall make reasonable attempts to notify\n\nthe child’s parent or legal guardian of the provision of routine and\n\nordinary medical care and treatment and to keep the parent or legal\n\nguardian involved in such care.\n\n2. In no case shall the Department consent to a child’s\n\nabortion, sterilization, termination of life support or a “Do Not\n\nResuscitate” order. The court may authorize the withdrawal of life-\n\nsustaining medical treatment or the denial of the administration of\n\ncardiopulmonary resuscitation on behalf of a child in the\n\nDepartment’s custody upon the written recommendation of a licensed\n\nphysician, after notice to the parties and a hearing.\n\n3. Nothing herein shall prevent the Department from\n\nauthorizing, in writing, any person, foster parent or administrator\n\nof a facility into whose care a child in its custody has been\n\nentrusted, to consent to routine and ordinary medical care and\n\ntreatment to be rendered to a child upon the advice of a licensed\n\nphysician, including the continuation of psychotropic medication.\n\nD. Consent for a child’s extraordinary medical care and\n\ntreatment shall be obtained from the parent or legal guardian unless\n\nthe treatment is either related to the abuse or neglect or the\n\nparent or legal guardian is unavailable or refuses to consent to\n\nsuch care, in which case in an emergency, based upon recommendation\n\nof a physician, the court may enter an ex parte order authorizing\n\nsuch treatment or procedure in order to safeguard the child’s health\n\nor life. If the recommended extraordinary medical care and\n\ntreatment is not an emergency, the court shall hold a hearing, upon\n\napplication by the district attorney and notice to all parties, and\n\nmay authorize such recommended extraordinary care.\n\nE. If a child has been placed in the custody of a person, other\n\nthan a parent or legal guardian, or an institution or agency other\n\nthan the Department, the court shall determine the authority of the\n\nperson, institution, or agency to consent to medical care including\n\nroutine and ordinary medical care and treatment and extraordinary\n\ncare. The parent, legal guardian, or person having legal custody\nIf a child has been placed in the custody of a person, other\n\nthan a parent or legal guardian, or an institution or agency other\n\nthan the Department, the court shall determine the authority of the\n\nperson, institution, or agency to consent to medical care including\n\nroutine and ordinary medical care and treatment and extraordinary\n\ncare. The parent, legal guardian, or person having legal custody\n\nshall be responsible for the costs of medical care as determined by\n\nthe court.","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":"22d95e744932d63e33d5e7d0b63a6e69f2e50ec3ba28f412c6dcad5273ce62a5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-3-101","next":"us-ok/okla.-stat.-tit.-10a-10a-1-3-103"},"notice":"GroundRules: Original legal text. Not legal advice."}
