{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-4-201","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-4-201","heading":"Circumstances authorizing taking a child into custody","body":"– Joint response by Department of Human Services, law enforcement,\n\nand district courts – Safety evaluation.\n\nA. Pursuant to the provisions of this section, a child may be\n\ntaken into custody prior to the filing of a petition:\n\n1. By a peace officer or employee of the court, without a court\n\norder if the officer or employee has reasonable suspicion that:\n\na. the child is in need of immediate protection due to an\n\nimminent safety threat,\n\nb. the circumstances or surroundings of the child are\n\nsuch that continuation in the child's home or in the\n\ncare or custody of the parent, legal guardian, or\n\ncustodian would present an imminent safety threat to\n\nthe child, or\n\nc. the child, including a child with a disability, is\n\nunable to communicate effectively about abuse, neglect\n\nor other safety threat or is in a vulnerable position\n\ndue to the inability to communicate effectively and\n\nthe child is in need of immediate protection due to an\n\nimminent safety threat; or\n\n2. By an order of the district court issued upon the\n\napplication of the office of the district attorney. The application\n\npresented by the district attorney may be supported by a sworn\n\naffidavit which may be based upon information and belief. The\n\napplication shall state facts sufficient to demonstrate to the court\n\nthat a continuation of the child in the home or with the caretaker\n\nof the child is contrary to the child's welfare and there is\n\nreasonable suspicion that:\n\na. the child is in need of immediate protection due to an\n\nimminent safety threat,\n\nb. the circumstances or surroundings of the child are\n\nsuch that continuation in the child's home or in the\n\ncare or custody of the parent, legal guardian, or\n\ncustodian would present an imminent safety threat to\n\nthe child, or\n\nc. the child, including a child with a disability, is\n\nunable to communicate effectively about abuse, neglect\n\nor other safety threat or is in a vulnerable position\n\ndue to the inability to communicate effectively and\n\nthe child is in need of immediate protection due to an\n\nimminent safety threat.\n\nThe application and order may be verbal and upon being advised by\n\nthe district attorney or the court of the verbal order, law\n\nenforcement shall act on such order. If verbal, the district\n\nattorney shall submit a written application and proposed order to\n\nthe district court within one (1) judicial day from the issuance of\n\nthe verbal order. Upon approval, the application and order shall be\n\nfiled with the court clerk; or\n\n3. By order of the district court when the child is in need of\n\nmedical or behavioral health treatment in order to protect the\n\nhealth, safety, or welfare of the child and the parent, legal\n\nguardian, or custodian of the child is unwilling or unavailable to\n\nconsent to such medical or behavioral health treatment or other\n\naction, the court shall specifically include in the emergency order\n\nauthorization for such medical or behavioral health evaluation or\n\ntreatment as it deems necessary.\n\nB. 1. By January 1, 2010, the Department in consultation with\n\nlaw enforcement and the district courts shall develop and implement\n\na system for joint response when a child is taken into protective\n\ncustody by a peace officer pursuant to paragraph 1 of subsection A\n\nof this section. The system shall include:\n\na. designation of persons to serve as contact points for\n\npeace officers, including at least one backup contact\n\nfor each initial contact point,\n\nb. a protocol for conducting a safety evaluation at the\n\nscene where protective custody is assumed to determine\n\nwhether the child faces an imminent safety threat and,\n\nif so, whether the child can be protected through\n\nplacement with relatives or others without the\n\nDepartment assuming emergency custody,\n\nc. the development of reception centers for accepting\n\nprotective custody of children from peace officers\n\nwhen the Department is unable to respond at the scene\nprotective custody is assumed to determine\n\nwhether the child faces an imminent safety threat and,\n\nif so, whether the child can be protected through\n\nplacement with relatives or others without the\n\nDepartment assuming emergency custody,\n\nc. the development of reception centers for accepting\n\nprotective custody of children from peace officers\n\nwhen the Department is unable to respond at the scene\n\nwithin a reasonable time period,\n\nd. a protocol for conducting a safety evaluation at the\n\nreception center within twenty-three (23) hours of the\n\nassumption of protective custody of a child to\n\ndetermine whether the child faces an imminent safety\n\nthreat and, if so, whether the child can be protected\n\nthrough placement with relatives or others without the\n\nDepartment assuming emergency custody, and\n\ne. a protocol, when the child cannot safely be left in\n\nthe home, for transporting a child to the home of a\n\nrelative, kinship care home, an emergency foster care\n\nhome, a shelter, or any other site at which the\n\nDepartment believes the child can be protected,\n\nprovided that the Department shall utilize a shelter\n\nonly when the home of a relative, kinship care home,\n\nor emergency foster care home is unavailable or\n\ninappropriate.\n\n2. Beginning January 1, 2010, no child taken into protective\n\ncustody under paragraph 1 of subsection A of this section shall be\n\nconsidered to be in the emergency custody of the Department until\n\nthe Department has completed a safety evaluation and has concluded\n\nthat the child faces an imminent safety threat and the court has\n\nissued an order for emergency custody.\n\n3. If the safety evaluation performed by the Department of a\n\nchild taken into protective custody under paragraph 1 of subsection\n\nA of this section indicates that the child does not face an imminent\n\nsafety threat, the Department shall restore the child to the custody\n\nand control of the parent, legal guardian, or custodian of the\n\nchild.\n\nC. When an order issued by the district court pursuant to\n\nsubsection A of this section places the child in the emergency\n\ncustody of the Department of Human Services pending further hearing\n\nspecified by Section 1-4-203 of this title, an employee of the\n\nDepartment may execute such order and physically take the child into\n\ncustody in the following limited circumstance:\n\n1. The child is located in a hospital, school, or day care\n\nfacility; and\n\n2. It is believed that assumption of the custody of the child\n\nfrom the facility can occur without risk to the child or the\n\nemployee of the Department.\n\nOtherwise, the order shall be executed and the child taken into\n\ncustody by a peace officer or employee of the court.\n\nD. The court shall not enter a prepetition emergency custody\n\norder removing a child from the home of the child unless the court\n\nmakes a determination:\n\n1. That an imminent safety threat exists and continuation in\n\nthe home of the child is contrary to the welfare of the child; and\n\n2. Whether reasonable efforts have been made to prevent the\n\nremoval of the child from the child's home; or\n\n3. An absence of efforts to prevent the removal of the child\n\nfrom the home of the child is reasonable because the removal is due\n\nto an emergency and is for the purpose of providing for the safety\n\nand welfare of the child.\n\nE. Whenever a child is taken into custody pursuant to this\n\nsection:\n\n1. The child may be taken to a kinship care home or an\n\nemergency foster care home designated by the Department, or if no\n\nsuch home is available, to a children's shelter located within the\n\ncounty where protective or emergency custody is assumed or, if there\n\nis no children's shelter within the county, to a children's shelter\n\ndesignated by the court;\n\n2. Unless otherwise provided by administrative order entered\n\npursuant to subsection F of this section, the child may be taken\ndesignated by the Department, or if no\n\nsuch home is available, to a children's shelter located within the\n\ncounty where protective or emergency custody is assumed or, if there\n\nis no children's shelter within the county, to a children's shelter\n\ndesignated by the court;\n\n2. Unless otherwise provided by administrative order entered\n\npursuant to subsection F of this section, the child may be taken\n\nbefore a judge of the district court or the court may be contacted\n\nverbally for the purpose of obtaining an order for emergency\n\ncustody. The court may place the child in the emergency custody of\n\nthe Department or some other suitable person or entity pending\n\nfurther hearing specified by Section 1-4-203 of this title;\n\n3. The child may be taken directly to or retained in a health\n\ncare facility for medical treatment, when the child is in need of\n\nemergency medical treatment to maintain the child's health, or as\n\notherwise directed by the court; or\n\n4. The child may be taken directly to or retained in a\n\nbehavioral health treatment facility for evaluation or inpatient\n\ntreatment, in accordance with the provisions of the Inpatient Mental\n\nHealth and Substance Abuse Treatment of Minors Act, when the child\n\nis in need of behavioral health care to preserve the child's health,\n\nor as otherwise directed by the court; and\n\n5. Unless otherwise provided by administrative order entered\n\npursuant to subsection F of this section, the district court of the\n\ncounty where the custody is assumed shall be immediately notified,\n\nverbally or in writing, that the child has been taken into custody.\n\nIf notification is verbal, written notification shall be sent to the\n\ndistrict court within one (1) judicial day of such verbal\n\nnotification.\n\nF. The court may provide, in an administrative order issued\n\npursuant to this section, for the disposition of children taken into\n\ncustody and notification of the assumption of such custody.\n\n1. Such order or rule shall be consistent with the provisions\n\nof subsection E of this section and may include a process for\n\nrelease of a child prior to an emergency custody hearing. The\n\nadministrative order shall not include a provision to modify\n\nprotective custody of a child to emergency custody of the Department\n\nupon admission of a child to a shelter; and\n\n2. The administrative order may require joint training of peace\n\nofficers and Department staff deemed necessary by the court to carry\n\nout the provisions of the administrative order.\n\nG. No child taken into custody pursuant to this section shall\n\nbe confined in any jail, adult lockup, or adult or juvenile\n\ndetention facility.\n\nH. When a determination is made by the Department that there is\n\na significant risk of abuse or neglect, but there is not an imminent\n\nsafety threat to the child, the Department may recommend a court-\n\nsupervised and Department-monitored in-home placement. The\n\nDepartment shall assist the family in obtaining the services\n\nnecessary to maintain the in-home care and correct the conditions\n\nleading to the risk determination.\n\nI. Any peace officer, employee of the court, or employee of the\n\nDepartment is authorized to transport a child when acting pursuant\n\nto this section. Such persons and any other person acting under the\n\ndirection of the court, who in good faith transports any child or\n\ncarries out duties pursuant to this section, shall be immune from\n\ncivil or criminal liability that may result by reason of such act.\n\nFor purposes of any proceedings, civil or criminal, the good faith\n\nof any such person shall be presumed. This provision shall not\n\napply to damage or injury caused by the willful, wanton or gross\n\nnegligence or misconduct of a person.\n\nJ. A parent or person responsible for the child who is arrested\n\non a charge or warrant other than child abuse or neglect or an act\n\nof child endangerment may designate another person to take physical\nl or criminal, the good faith\n\nof any such person shall be presumed. This provision shall not\n\napply to damage or injury caused by the willful, wanton or gross\n\nnegligence or misconduct of a person.\n\nJ. A parent or person responsible for the child who is arrested\n\non a charge or warrant other than child abuse or neglect or an act\n\nof child endangerment may designate another person to take physical\n\ncustody of the child. Upon this request, the peace officer may\n\nrelease the child to the physical custody of the designated person.","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":"947c64058cd92766c26b4abe144e7b2292cca114acbb621adc96c3bf8179378b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-4-102","next":"us-ok/okla.-stat.-tit.-10a-10a-1-4-202"},"notice":"GroundRules: Original legal text. Not legal advice."}