{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-852","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-852","heading":"Omission to provide for a child - Penalties","body":"A. Unless otherwise provided for by law, any parent, guardian,\n\nor person having custody or control of a child as defined in Section\n\n1-1-105 of Title 10A of the Oklahoma Statutes who willfully omits,\n\nwithout lawful excuse, to furnish necessary food, clothing, shelter,\n\nmonetary child support, medical attendance, payment of court-ordered\n\nday care or payment of court-ordered medical insurance costs for\n\nsuch child which is imposed by law, upon conviction, is guilty of a\n\nmisdemeanor; provided, any person obligated to make child support\n\npayments who willfully and without lawful excuse becomes delinquent\n\nin said child support payments after September 1, 1993, and such\n\ndelinquent child support accrues without payment by the obligor for\n\na period of one (1) year, or exceeds Five Thousand Dollars\n\n($5,000.00) shall, upon conviction thereof, be guilty of a Class D2\n\nfelony offense punishable in the same manner as any subsequent\n\nconviction pursuant to the provisions of this section. Any\n\nsubsequent conviction pursuant to this section shall be a Class D2\n\nfelony offense, punishable by imprisonment as provided for in\n\nsubsection C of Section 20O of this title, or by the imposition of a\n\nfine of not more than Five Thousand Dollars ($5,000.00), or by both\n\nsuch fine and imprisonment. As used in this section, the duty to\n\nfurnish medical attendance shall mean that the parent or person\n\nhaving custody or control of a child must furnish medical treatment\n\nin such manner and on such occasions as an ordinarily prudent\n\nperson, solicitous for the welfare of a child, would provide; such\n\nparent or person having custody or control of a child is not\n\ncriminally liable for failure to furnish medical attendance for\n\nevery minor or trivial complaint with which the child may be\n\nafflicted.\n\nB. Any person who leaves the state to avoid providing necessary\n\nfood, clothing, shelter, court-ordered monetary child support, or\n\nmedical attendance for such child, upon conviction, shall be guilty\n\nof a Class D2 felony offense punishable by imprisonment for not more\n\nthan four (4) years in the custody of the Department of Corrections,\n\nor by the imposition of a fine of not more than Five Thousand\n\nDollars ($5,000.00), or by both such fine and imprisonment.\n\nC. Nothing in this section shall be construed to mean a child\n\nis endangered for the sole reason the parent, guardian or person\n\nhaving custody or control of a child, in good faith, selects and\n\ndepends upon spiritual means alone through prayer, in accordance\n\nwith the tenets and practice of a recognized church or religious\n\ndenomination, for the treatment or cure of disease or remedial care\n\nof such child; provided, that medical care shall be provided where\n\npermanent physical damage could result to such child; and that the\n\nlaws, rules, and regulations relating to communicable diseases and\n\nsanitary matters are not violated.\n\nD. Nothing contained in this section 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 health\n\nor welfare of the child.\n\nE. Psychiatric and psychological testing and counseling are\n\nexempt from the provisions of this section.\n\nF. If any parent of a child in cases in which the Department of\n\nHuman Services is providing services pursuant to Section 237 of\n\nTitle 56 of the Oklahoma Statutes is determined by the Department to\n\nbe willfully violating the provisions of this section, the\n\nDepartment may refer the case to the proper district attorney for\n\nprosecution. The Department shall provide assistance to the\n\ndistrict attorneys in such prosecutions. Any child support or\n\narrears payments made pursuant to this section shall be made payable\n\nto the Department and paid through the Centralized Support Registry\non, the\n\nDepartment may refer the case to the proper district attorney for\n\nprosecution. The Department shall provide assistance to the\n\ndistrict attorneys in such prosecutions. Any child support or\n\narrears payments made pursuant to this section shall be made payable\n\nto the Department and paid through the Centralized Support Registry\n\npursuant to Section 413 of Title 43 of the Oklahoma Statutes.\n\nG. It is the duty of any parent having legal custody of a child\n\nwho is an alcohol-dependent person or a drug-dependent person, as\n\nsuch terms are defined by Section 3-403 of Title 43A of the Oklahoma\n\nStatutes, to provide for the treatment, as such term is defined by\n\nSection 3-403 of Title 43A of the Oklahoma Statutes, of such child.\n\nAny parent having legal custody of a child who is an alcohol-\n\ndependent person or a drug-dependent person who without having made\n\na reasonable effort fails or willfully omits to provide for the\n\ntreatment of such child shall be guilty of a misdemeanor. For the\n\npurpose of this subsection, the duty to provide for such treatment\n\nshall mean that the parent having legal custody of a child must\n\nprovide for the treatment in such manner and on such occasions as an\n\nordinarily prudent person, solicitous for the welfare of a child,\n\nwould provide.\n\nH. Venue is proper in prosecutions for violations of this\n\nsection in:\n\n1. Any county where the child resides;\n\n2. The county in which the court-ordered support was entered or\n\nregistered pursuant to the provisions of the Uniform Interstate\n\nFamily Support Act; or\n\n3. The county in which the defendant resides.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"411e08be402ce9953d916332a1a5887a4fa38b2ffbae8804e6b1a95ae4cf9901","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-851","next":"us-ok/okla.-stat.-tit.-21-21-852.1"},"notice":"GroundRules: Original legal text. Not legal advice."}