{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-2-101","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-2-101","heading":"Taking of child into custody - Detention - Medical","body":"treatment - Behavioral health treatment - Hearing on order for\n\nmedical treatment.\n\nA. A child may be taken into custody prior to the filing of a\n\npetition alleging that the child is delinquent or in need of\n\nsupervision:\n\n1. By a peace officer, without a court order for any criminal\n\noffense for which the officer is authorized to arrest an adult\n\nwithout a warrant, or if the child is willfully and voluntarily\n\nabsent from the home of the child without the consent of the parent,\n\nlegal guardian, legal custodian or other person having custody and\n\ncontrol of the child for a substantial length of time or without\n\nintent to return, or if the surroundings of the child are such as to\n\nendanger the welfare of the child;\n\n2. By a peace officer or an employee of the court without a\n\ncourt order, if the child is willfully and voluntarily absent from\n\nthe home of the child without the consent of the parent, legal\n\nguardian, legal custodian or other person having custody and control\n\nof the child if the surroundings of the child are such as to\n\nendanger the welfare of the child or, in the reasonable belief of\n\nthe employee of the court or peace officer, the child appears to\n\nhave run away from home without just cause. For purposes of this\n\nsection, a peace officer may reasonably believe that a child has run\n\naway from home when the child refuses to give his or her name or the\n\nname and address of a parent or other person legally responsible for\n\nthe care of the child or when the peace officer has reason to doubt\n\nthat the name and address given by the child are the actual name and\n\naddress of the parent or other person legally responsible for the\n\ncare of the child. A peace officer or court employee is authorized\n\nby the court to take a child who has run away from home or who, in\n\nthe reasonable belief of the peace officer, appears to have run away\n\nfrom home, to a facility designated by administrative order of the\n\ncourt for such purposes if the peace officer or court employee is\n\nunable to or has determined that it is unsafe to return the child to\n\nthe home of the child or to the custody of his or her parent or\n\nother person legally responsible for the care of the child. Any\n\nsuch facility receiving a child shall inform a parent or other\n\nperson responsible for the care of the child;\n\n3. Pursuant to an order of the district court issued on the\n\napplication of the office of the district attorney. The application\n\npresented by the district attorney shall 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 there is probable cause to believe the child has committed a\n\ncrime or is in violation of the terms of probation, parole or order\n\nof the court;\n\n4. By order of the district court pursuant to subsection F of\n\nthis section when the child is in need of medical or behavioral\n\nhealth treatment or other action in order to protect the health or\n\nwelfare of the child and the parent, legal guardian, legal custodian\n\nor other person having custody or control of the child is unwilling\n\nor unavailable to consent to such medical or behavioral health\n\ntreatment or other action; and\n\n5. Pursuant to an emergency ex parte or a final protective\n\norder of the district court issued at the request of a parent or\n\nlegal guardian pursuant to the Protection from Domestic Abuse Act.\n\nAny child referred to in this subsection shall not be considered\n\nto be in the custody of the Office of Juvenile Affairs.\n\nB. Whenever a child is taken into custody as a delinquent\n\nchild, the child shall be detained, held temporarily in the\n\ncustodial care of a peace officer or other person employed by a\n\npolice department, or be released to the custody of the parent of\n\nthe child, legal guardian, legal custodian, attorney or other\n\nresponsible adult, upon the written promise of such person to bring\nuvenile Affairs.\n\nB. Whenever a child is taken into custody as a delinquent\n\nchild, the child shall be detained, held temporarily in the\n\ncustodial care of a peace officer or other person employed by a\n\npolice department, or be released to the custody of the parent of\n\nthe child, legal guardian, legal custodian, attorney or other\n\nresponsible adult, upon the written promise of such person to bring\n\nthe child to the court at the time fixed if a petition is to be\n\nfiled and to assume responsibility for costs for damages caused by\n\nthe child if the child commits any delinquent acts after being\n\nreleased regardless of whether or not a petition is to be filed. It\n\nshall be a misdemeanor for any person to sign the written promise\n\nand then fail to comply with the terms of the promise. Any person\n\nconvicted of violating the terms of the written promise shall be\n\nsubject to imprisonment in the county jail for not more than six (6)\n\nmonths or a fine of not more than Five Hundred Dollars ($500.00), or\n\nby both such fine and imprisonment. In addition, if a parent, legal\n\nguardian, legal custodian, attorney or other responsible adult is\n\nnotified that the child has been taken into custody, it shall be a\n\nmisdemeanor for such person to refuse to assume custody of the child\n\nwithin a timely manner. If detained, the child shall be taken\n\nimmediately before a judge of the district court in the county in\n\nwhich the child is sought to be detained, or to the place of\n\ndetention or a children's emergency resource center or host home\n\ndesignated by the court. If no judge be available locally, the\n\nperson having the child in custody shall immediately report the\n\ndetention of the child to the presiding judge of the judicial\n\nadministrative district, provided that the child shall not be\n\ndetained in custody beyond the next judicial day or for good cause\n\nshown due to problems of arranging for and transporting the child to\n\nand from a secure juvenile detention center, beyond the second\n\njudicial day unless the court shall so order after a detention\n\nhearing to determine if there exists probable cause to detain the\n\nchild. The child shall be present at the detention hearing or the\n\nimage of the child may be broadcast to the judge by closed-circuit\n\ntelevision or any other electronic means that provides for a two-way\n\ncommunication of image and sound between the child and the judge.\n\nIf the latter judge cannot be reached, such detention shall be\n\nreported immediately to any judge regularly serving within the\n\njudicial administrative district. If detained, a reasonable bond\n\nfor release shall be set. Pending further disposition of the case,\n\na child whose custody has been assumed by the court may be released\n\nto the custody of a parent, legal guardian, legal custodian, or\n\nother responsible adult or to any other person appointed by the\n\ncourt, or be detained pursuant to Chapter 3 of the Oklahoma Juvenile\n\nCode in such place as shall be designated by the court, subject to\n\nfurther order.\n\nC. When a child is taken into custody as a child in need of\n\nsupervision, the child shall be detained and held temporarily in the\n\ncustodial care of a peace officer or placed within a community\n\nintervention center as defined in subsection D of Section 2-7-305 of\n\nthis title, a children's emergency resource center or host home, or\n\nbe released to the custody of the parent of the child, legal\n\nguardian, legal custodian, attorney or other responsible adult, upon\n\nthe written promise of such person to bring the child to court at\n\nthe time fixed if a petition is to be filed. A child who is alleged\n\nor adjudicated to be in need of supervision shall not be detained in\n\nany jail, lockup, or other place used for adults convicted of a\n\ncrime or under arrest and charged with a crime.\n\nD. When any child is taken into custody pursuant to this title\n\nand it reasonably appears to the peace officer, employee of the\nchild to court at\n\nthe time fixed if a petition is to be filed. A child who is alleged\n\nor adjudicated to be in need of supervision shall not be detained in\n\nany jail, lockup, or other place used for adults convicted of a\n\ncrime or under arrest and charged with a crime.\n\nD. When any child is taken into custody pursuant to this title\n\nand it reasonably appears to the peace officer, employee of the\n\ncourt or person acting pursuant to court order that the child is in\n\nneed of medical treatment to preserve the health of the child, any\n\npeace officer, any employee of the court or person acting pursuant\n\nto court order shall have the authority to authorize medical\n\nexamination and medical treatment for any child found to be in need\n\nof medical treatment as diagnosed by a competent medical authority\n\nin the absence of the parent of the child, legal guardian, legal\n\ncustodian, or other person having custody and control of the child\n\nwho is competent to authorize medical treatment. The officer or the\n\nemployee of the court or person acting pursuant to court order shall\n\nauthorize said medical treatment only after exercising due diligence\n\nto locate the parent of the child, legal guardian, legal custodian,\n\nor other person legally competent to authorize said medical\n\ntreatment. The parent of the child, legal guardian, legal\n\ncustodian, or other person having custody and control shall be\n\nresponsible for such medical expenses as ordered by the court. No\n\npeace officer, any employee of the court or person acting pursuant\n\nto court order authorizing such treatment in accordance with the\n\nprovisions of this section for any child found in need of such\n\nmedical treatment shall have any liability, civil or criminal, for\n\ngiving such authorization.\n\nE. A child who has been taken into custody as otherwise\n\nprovided by this Code who appears to be a minor in need of\n\ntreatment, as defined by the Inpatient Mental Health and Substance\n\nAbuse Treatment of Minors Act, may be admitted to a behavioral\n\nhealth treatment facility in accordance with the provisions of the\n\nInpatient Mental Health and Substance Abuse Treatment of Minors Act.\n\nThe parent of the child, legal guardian, legal custodian, or other\n\nperson having custody and control shall be responsible for such\n\nbehavioral health expenses as ordered by the court. No peace\n\nofficer, any employee of the court or person acting pursuant to\n\ncourt order authorizing such treatment in accordance with the\n\nprovisions of this section for any child found in need of such\n\nbehavioral health evaluation or treatment shall have any liability,\n\ncivil or criminal, for giving such authorization.\n\nF. 1. A child may be taken into custody pursuant to an order\n\nof the court specifying that the child is in need of medical\n\ntreatment or other action to protect the health or welfare of the\n\nchild and the parent, legal guardian, legal custodian, or other\n\nresponsible adult having custody or control of a child is unwilling\n\nor unavailable to consent to such medical treatment or other action.\n\n2. If the child is in need of immediate medical treatment or\n\nother action to protect the health or welfare of the child, the\n\ncourt may issue an emergency ex parte order upon application of the\n\ndistrict attorney of the county in which the child is located. The\n\napplication for an ex parte order may be verbal or in writing and\n\nshall be supported by facts sufficient to demonstrate to the court\n\nthat there is reasonable cause to believe that the child is in need\n\nof immediate medical treatment or other action to protect the health\n\nor welfare of the child. The emergency ex parte order shall be in\n\neffect until a full hearing is conducted. A copy of the\n\napplication, notice for full hearing and a copy of any ex parte\n\norder issued by the court shall be served upon such parent, legal\n\nguardian, legal custodian, or other responsible adult having custody\nneed\n\nof immediate medical treatment or other action to protect the health\n\nor welfare of the child. The emergency ex parte order shall be in\n\neffect until a full hearing is conducted. A copy of the\n\napplication, notice for full hearing and a copy of any ex parte\n\norder issued by the court shall be served upon such parent, legal\n\nguardian, legal custodian, or other responsible adult having custody\n\nor control of the child. Within twenty-four (24) hours of the\n\nfiling of the application the court shall schedule a full hearing on\n\nthe application, regardless of whether an emergency ex parte order\n\nhad been issued or denied.\n\n3. Except as otherwise provided by paragraph 2 of this\n\nsubsection, whenever a child is in need of medical treatment to\n\nprotect the health or welfare of the child, or whenever any other\n\naction is necessary to protect the health or welfare of the child,\n\nand the parent of the child, legal guardian, legal custodian, or\n\nother person having custody or control of the child is unwilling or\n\nunavailable to consent to such medical treatment or other action,\n\nthe court, upon application of the district attorney of the county\n\nin which the child is located, shall hold a full hearing within five\n\n(5) days of filing the application. Notice of the hearing and a\n\ncopy of the application shall be served upon the parent, legal\n\nguardian, legal custodian, or other person having custody or control\n\nof the child.\n\n4. At any hearing held pursuant to this subsection, the court\n\nmay grant any order or require such medical treatment or other\n\naction as is necessary to protect the health or welfare of the\n\nchild.\n\n5. a. The parent, legal guardian, legal custodian, or other\n\nperson having custody or control of the child shall be\n\nresponsible for such medical expenses as ordered by\n\nthe court.\n\nb. No peace officer, any employee of the court or person\n\nacting pursuant to court order authorizing such\n\ntreatment in accordance with the provisions of this\n\nsubsection for any child found in need of such medical\n\ntreatment shall have any liability, civil or criminal.\n\nG. As a part of the intake process, an employee of the Office\n\nof Juvenile Affairs or a county juvenile bureau shall inquire as to\n\nwhether there is any American Indian lineage or ancestry that would\n\nmake the child eligible for membership or citizenship in a federally\n\nrecognized American Indian tribe or nation. If the employee of the\n\nOffice of Juvenile Affairs or a county juvenile bureau determines\n\nthat the child may have American Indian lineage or ancestry, the\n\nemployee shall notify the primary tribe or nation of membership or\n\ncitizenship within three (3) judicial days of completing an intake\n\nof such determination. Any information or records related to taking\n\nthe child into custody shall be confidential, shall not be open to\n\nthe general public, and shall not be inspected or their contents\n\ndisclosed.","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":"56fc5ccb285fb1ef11b304398497590d72fc6e8952a228e60a7a1ffb29005e45","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-10-103","next":"us-ok/okla.-stat.-tit.-10a-10a-2-2-102"},"notice":"GroundRules: Original legal text. Not legal advice."}