{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-7-103","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-7-103","heading":"Department of Human Services - Additional duties and","body":"powers.\n\nA. In addition to the other powers and duties prescribed by\n\nlaw, the Department of Human Services shall have the power and duty\n\nto:\n\n1. Provide for the care and treatment of children taken into\n\nprotective or emergency custody pursuant to the provisions of the\n\nOklahoma Children's Code, and placed in the Department's custody by\n\nan order of the court.\n\nIn providing for the care and treatment of such children, the\n\nDepartment shall:\n\na. place the children in:\n\n(1) a kinship care home or other foster care home, or\n\n(2) if no such home is available, a group home,\n\nchildren’s shelter, or in any licensed facility\n\nestablished for the care of children.\n\nIn determining any placement for a child who has been\n\nremoved from the custody of a custodial parent and\n\nplaced with the Department in emergency custody,\n\npriority shall be given by the Department to the\n\nplacement of such child with the noncustodial parent\n\nof the child unless such placement is not in the best\n\ninterest of the child,\n\nb. if ordered by the court, provide supervision of\n\nchildren alleged to be deprived who are placed by the\n\ncourt in the custody of a parent, relative, or other\n\nresponsible person. Such supervision shall be in\n\naccordance with rules promulgated by the Department\n\nand shall not exceed the period allowed for the filing\n\nof a petition or, if a petition is filed, the period\n\nauthorized by the court,\n\nc. admit an alleged deprived child to a hospital or\n\nbehavioral health facility as provided in the\n\nInpatient Mental Health and Substance Abuse Treatment\n\nof Minors Act,\n\nd. provide outpatient behavioral health care and\n\ntreatment as prescribed by a qualified behavioral\n\nhealth professional,\n\ne. provide, as soon as practicable, educational\n\ninstruction through enrollment in a public school or\n\nan alternative program consistent with the needs and\n\nabilities of the child,\n\nf. provide or prescribe treatment services for the family\n\nof an alleged deprived child placed in the emergency\n\ncustody of the Department if such services are\n\nvoluntarily requested and the family is otherwise\n\neligible under applicable law and rules promulgated by\n\nthe Commission for the services offered, and\n\ng. provide medical care necessary to preserve the health\n\nof the child in accordance with the provisions of this\n\nCode; and\n\n2. Provide for the care and treatment of an adjudicated\n\ndeprived child placed in the temporary custody of the Department by\n\nan order of the court. In providing for such care and treatment,\n\nthe Department:\n\na. shall review and assess each child to determine the\n\ntype of placement and services consistent with the\n\nneeds of the child in the nearest geographic proximity\n\nto the home of the child as possible. In making the\n\nreview, the Department may use any facilities, public\n\nor private, which aid in the assessment,\n\nb. shall develop and implement an individualized service\n\nplan for each child in accord with the requirements of\n\nSection 1-4-704 of this title,\n\nc. may return a deprived child to the home of the parent\n\nor legal guardian from whom the child was removed with\n\nprior approval of the court, or place the child in the\n\nhome of a noncustodial parent, in a foster care home,\n\nin a children's shelter, in a group home, in an\n\nindependent living program, or in any licensed\n\nfacility established for the care of children,\n\nd. may admit a deprived child to a hospital or behavioral\n\nhealth facility as provided in the Inpatient Mental\n\nHealth and Substance Abuse Treatment of Minors Act,\n\ne. may provide outpatient behavioral health care and\n\ntreatment as prescribed by a qualified behavioral\n\nhealth professional,\n\nf. shall, if ordered by the court, provide supervision of\n\nchildren adjudicated deprived who are placed by the\n\ncourt in the custody of a parent, relative, or other\nubstance Abuse Treatment of Minors Act,\n\ne. may provide outpatient behavioral health care and\n\ntreatment as prescribed by a qualified behavioral\n\nhealth professional,\n\nf. shall, if ordered by the court, provide supervision of\n\nchildren adjudicated deprived who are placed by the\n\ncourt in the custody of a parent, relative, or other\n\nresponsible person. Such supervision shall be in\n\naccordance with rules promulgated by the Department,\n\nand\n\ng. shall provide medical care necessary to preserve the\n\nhealth of the child in accordance with the provisions\n\nof the Oklahoma Children’s Code.\n\nB. 1. The Department may move a child in its custody from any\n\nauthorized placement to another authorized placement if consistent\n\nwith the needs of the child or as may be required in an emergency,\n\nsubject to the provisions of Section 1-4-804 and 1-4-805 of this\n\ntitle.\n\n2. The Department, in placing a child who has reentered foster\n\ncare, shall consider previous foster placements as well as a kinship\n\nfoster home placement if available. The placement shall be\n\nconsistent with the best interests of the child.\n\nC. The Department shall assure that any child who has attained\n\nthe minimum age for compulsory school attendance and is eligible for\n\na foster care payment under Title IV-E of the Social Security Act,\n\n42 U.S.C. 670 et seq., is:\n\n1. Enrolled in an institution which provides elementary or\n\nsecondary education as determined under the law of the state or\n\nother jurisdiction in which the institution is located;\n\n2. Instructed in elementary or secondary education in any\n\nlegally authorized education program;\n\n3. In an independent study elementary or secondary education\n\nprogram in accordance with the law of the state or jurisdiction in\n\nwhich the program is located, which is administered by the local\n\nschool or school district; or\n\n4. Incapable of attending school on a full-time basis due to a\n\ndocumented medical condition supported by regular updates.\n\nD. The Department has the authority to consent to travel for a\n\nchild in its custody outside the jurisdiction of the court, except\n\nthat court approval is required for travel outside of the United\n\nStates. Permission for school or organizational activities\n\nrequiring consent and not prohibited by Department rule may be given\n\nby the foster parent.\n\nE. The Department shall receive notice of all court proceedings\n\nregarding any child in its custody and shall, upon application, be\n\nallowed to intervene as a party for a specified purpose, to any\n\ncourt proceedings pertaining to the care and custody of the child.\n\nF. The Department may participate in federal programs relating\n\nto deprived children and services for such children; and apply for,\n\nreceive, use and administer federal funds for such purposes.\n\nG. The Department shall receive interest earnings on the\n\ninvestment by the State Treasurer of monies, to be credited to an\n\nagency special account, for the benefit of and held in trust for\n\npersons placed in the custody of the Department or in residence at\n\nfacilities maintained by the Department.","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":"784208d17c87a8d3ffd49de889cdae51f5bddc4bf74972c96d1676f7e251155a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-7-102","next":"us-ok/okla.-stat.-tit.-10a-10a-1-7-104"},"notice":"GroundRules: Original legal text. Not legal advice."}