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1 STATE OF OKLAHOMA
2 1st Session of the 60th Legislature (2025)
3 HOUSE BILL 2737 By: Kendrix
4
5
6 AS INTRODUCED
7 An Act relating to children; amending 10A O.S. 2021,
Section 1-1-105, which relates to the Oklahoma
8 Children's Code; modifying scope of certain
definition; and providing an effective date.
9
10
11
12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13 SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-1-105, is
14 amended to read as follows:
15 Section 1-1-105. When used in the Oklahoma Children's Code,
16 unless the context otherwise requires:
17 1. "Abandonment" means:
18 a. the willful intent by words, actions, or omissions not
19 to return for a child, or
20 b. the failure to maintain a significant parental
21 relationship with a child through visitation or
22 communication in which incidental or token visits or
23 communication are not considered significant, or
24
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1 c. the failure to respond to notice of deprived
2 proceedings;
3 2. "Abuse" means harm or threatened harm to the health, safety,
4 or welfare of a child by a person responsible for the child's
5 health, safety, or welfare, including but not limited to
6 nonaccidental physical or mental injury, sexual abuse, or sexual
7 exploitation. Provided, however, that nothing contained in the
8 Oklahoma Children's Code shall prohibit any parent from using
9 ordinary force as a means of discipline including, but not limited
10 to, spanking, switching, or paddling.
11 a. "Harm or threatened harm to the health or safety of a
12 child" means any real or threatened physical, mental,
13 or emotional injury or damage to the body or mind that
14 is not accidental including but not limited to sexual
15 abuse, sexual exploitation, neglect, or dependency.
16 b. "Sexual abuse" includes but is not limited to rape,
17 incest, and lewd or indecent acts or proposals made to
18 a child, as defined by law, by a person responsible
19 for the health, safety, or welfare of the child.
20 c. "Sexual exploitation" includes but is not limited to
21 allowing, permitting, encouraging, or forcing a child
22 to engage in prostitution, as defined by law, by any
23 person eighteen (18) years of age or older or by a
24 person responsible for the health, safety, or welfare
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1 of a child, or allowing, permitting, encouraging, or
2 engaging in the lewd, obscene, or pornographic, as
3 defined by law, photographing, filming, or depicting
4 of a child in those acts by a person responsible for
5 the health, safety, and welfare of the child;
6 3. "Adjudication" means a finding by the court that the
7 allegations in a petition alleging that a child is deprived are
8 supported by a preponderance of the evidence;
9 4. "Adjudicatory hearing" means a hearing by the court as
10 provided by Section 1-4-601 of this title;
11 5. "Age-appropriate or developmentally appropriate" means:
12 a. activities or items that are generally accepted as
13 suitable for children of the same age or level of
14 maturity or that are determined to be developmentally
15 appropriate for a child, based on the development of
16 cognitive, emotional, physical, and behavioral
17 capacities that are typical for an age or age group,
18 and
19 b. in the case of a specific child, activities or items
20 that are suitable for that child based on the
21 developmental stages attained by the child with
22 respect to the cognitive, emotional, physical, and
23 behavioral capacities of the specific child.
24
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1 In the event that any age-related activities have implications
2 relative to the academic curriculum of a child, nothing in this
3 paragraph shall be construed to authorize an officer or employee of
4 the federal government to mandate, direct, or control a state or
5 local educational agency, or the specific instructional content,
6 academic achievement standards and assessments, curriculum, or
7 program of instruction of a school;
8 6. "Assessment" means a comprehensive review of child safety
9 and evaluation of family functioning and protective capacities that
10 is conducted in response to a child abuse or neglect referral that
11 does not allege a serious and immediate safety threat to a child;
12 7. "Behavioral health" means mental health, substance abuse, or
13 co-occurring mental health and substance abuse diagnoses, and the
14 continuum of mental health, substance abuse, or co-occurring mental
15 health and substance abuse treatment;
16 8. "Child" means any unmarried person under eighteen (18) years
17 of age;
18 9. "Child advocacy center" means a center and the
19 multidisciplinary child abuse team of which it is a member that is
20 accredited by the National Children's Alliance or that is completing
21 a sixth year of reaccreditation. Child advocacy centers shall be
22 classified, based on the child population of a district attorney's
23 district, as follows:
24
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1 a. nonurban centers in districts with child populations
2 that are less than sixty thousand (60,000), and
3 b. midlevel nonurban centers in districts with child
4 populations equal to or greater than sixty thousand
5 (60,000), but not including Oklahoma and Tulsa
6 Counties;
7 10. "Child with a disability" means any child who has a
8 physical or mental impairment which substantially limits one or more
9 of the major life activities of the child, or who is regarded as
10 having such an impairment by a competent medical professional;
11 11. "Child-placing agency" means an agency that arranges for or
12 places a child in a foster family home, family-style living program,
13 group home, adoptive home, or a successful adulthood program;
14 12. "Children's emergency resource center" means a community-
15 based program that may provide emergency care and a safe and
16 structured homelike environment or a host home for children
17 providing food, clothing, shelter and hygiene products to each child
18 served; after-school tutoring; counseling services; life-skills
19 training; transition services; assessments; family reunification;
20 respite care; transportation to or from school, doctors'
21 appointments, visitations and other social, school, court or other
22 activities when necessary; and a stable environment for children in
23 crisis who are in custody of the Department of Human Services if
24 permitted under the Department's policies and regulations, or who
Req. No. 10017 Page 5
1 have been voluntarily placed by a parent or custodian during a
2 temporary crisis;
3 13. "Community-based services" or "community-based programs"
4 means services or programs which maintain community participation or
5 supervision in their planning, operation, and evaluation.
6 Community-based services and programs may include, but are not
7 limited to, emergency shelter, crisis intervention, group work, case
8 supervision, job placement, recruitment and training of volunteers,
9 consultation, medical, educational, home-based services, vocational,
10 social, preventive and psychological guidance, training, counseling,
11 early intervention and diversionary substance abuse treatment,
12 sexual abuse treatment, transitional living, independent living, and
13 other related services and programs;
14 14. "Concurrent permanency planning" means, when indicated, the
15 implementation of two plans for a child entering foster care. One
16 plan focuses on reuniting the parent and child; the other seeks to
17 find a permanent out-of-home placement for the child with both plans
18 being pursued simultaneously;
19 15. "Court-appointed special advocate" or "CASA" means a
20 responsible adult volunteer who has been trained and is supervised
21 by a court-appointed special advocate program recognized by the
22 court, and when appointed by the court, serves as an officer of the
23 court in the capacity as a guardian ad litem;
24
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1 16. "Court-appointed special advocate program" means an
2 organized program, administered by either an independent, not-for-
3 profit corporation, a dependent project of an independent, not-for-
4 profit corporation or a unit of local government, which recruits,
5 screens, trains, assigns, supervises and supports volunteers to be
6 available for appointment by the court as guardians ad litem;
7 17. "Custodian" means an individual other than a parent, legal
8 guardian or Indian custodian, to whom legal custody of the child has
9 been awarded by the court. As used in this title, the term
10 "custodian" shall not mean the Department of Human Services;
11 18. "Day treatment" means a nonresidential program which
12 provides intensive services to a child who resides in the child's
13 own home, the home of a relative, group home, a foster home or
14 residential child care facility. Day treatment programs include,
15 but are not limited to, educational services;
16 19. "Department" means the Department of Human Services;
17 20. "Dependency" means a child who is homeless or without
18 proper care or guardianship through no fault of his or her parent,
19 legal guardian, or custodian;
20 21. "Deprived child" means a child:
21 a. who is for any reason destitute, homeless, or
22 abandoned,
23 b. who does not have the proper parental care or
24 guardianship,
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1 c. who has been abused, neglected, or is dependent,
2 d. whose home is an unfit place for the child by reason
3 of depravity on the part of the parent or legal
4 guardian of the child, or other person responsible for
5 the health or welfare of the child,
6 e. who is a child in need of special care and treatment
7 because of the child's physical or mental condition,
8 and the child's parents, legal guardian, or other
9 custodian is unable or willfully fails to provide such
10 special care and treatment. As used in this
11 paragraph, a child in need of special care and
12 treatment includes, but is not limited to, a child who
13 at birth tests positive for alcohol or a controlled
14 dangerous substance and who, pursuant to a drug or
15 alcohol screen of the child and an assessment of the
16 parent, is determined to be at risk of harm or
17 threatened harm to the health or safety of a child,
18 f. who is a child with a disability deprived of the
19 nutrition necessary to sustain life or of the medical
20 treatment necessary to remedy or relieve a life-
21 threatening medical condition in order to cause or
22 allow the death of the child if such nutrition or
23 medical treatment is generally provided to similarly
24 situated children without a disability or children
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1 with disabilities; provided that no medical treatment
2 shall be necessary if, in the reasonable medical
3 judgment of the attending physician, such treatment
4 would be futile in saving the life of the child,
5 g. who, due to improper parental care and guardianship,
6 is absent from school as specified in Section 10-106
7 of Title 70 of the Oklahoma Statutes, if the child is
8 subject to compulsory school attendance,
9 h. whose parent, legal guardian or custodian for good
10 cause desires to be relieved of custody,
11 i. who has been born to a parent whose parental rights to
12 another child have been involuntarily terminated by
13 the court and the conditions which led to the making
14 of the finding, which resulted in the termination of
15 the parental rights of the parent to the other child,
16 have not been corrected, or
17 j. whose parent, legal guardian, or custodian has
18 subjected another child to abuse or neglect or has
19 allowed another child to be subjected to abuse or
20 neglect and is currently a respondent in a deprived
21 proceeding.
22 Nothing in the Oklahoma Children's Code shall be construed to
23 mean a child is deprived for the sole reason the parent, legal
24 guardian, or person having custody or control of a child, in good
Req. No. 10017 Page 9
1 faith, selects and depends upon spiritual means alone through
2 prayer, in accordance with the tenets and practice of a recognized
3 church or religious denomination, for the treatment or cure of
4 disease or remedial care of such child.
5 Evidence of material, educational or cultural disadvantage as
6 compared to other children shall not be sufficient to prove that a
7 child is deprived; the state shall prove that the child is deprived
8 as defined pursuant to this title.
9 Nothing contained in this paragraph shall prevent a court from
10 immediately assuming custody of a child and ordering whatever action
11 may be necessary, including medical treatment, to protect the
12 child's health or welfare;
13 22. "Dispositional hearing" means a hearing by the court as
14 provided by Section 1-4-706 of this title;
15 23. "Drug-endangered child" means a child who is at risk of
16 suffering physical, psychological or sexual harm as a result of the
17 use, possession, distribution, manufacture or cultivation of
18 controlled substances, or the attempt of any of these acts, by a
19 person responsible for the health, safety or welfare of the child,
20 as defined in this section. This term includes circumstances
21 wherein the substance abuse of the person responsible for the
22 health, safety or welfare of the child interferes with that person's
23 ability to parent and provide a safe and nurturing environment for
24 the child;
Req. No. 10017 Page 10
1 24. "Emergency custody" means the custody of a child prior to
2 adjudication of the child following issuance of an order of the
3 district court pursuant to Section 1-4-201 of this title or
4 following issuance of an order of the district court pursuant to an
5 emergency custody hearing, as specified by Section 1-4-203 of this
6 title;
7 25. "Facility" means a place, an institution, a building or
8 part thereof, a set of buildings, or an area whether or not
9 enclosing a building or set of buildings used for the lawful custody
10 and treatment of children;
11 26. "Failure to protect" means failure to take reasonable
12 action to remedy or prevent child abuse or neglect, and includes the
13 conduct of a nonabusing parent or guardian who knows the identity of
14 the abuser or the person neglecting the child, but lies, conceals or
15 fails to report the child abuse or neglect or otherwise take
16 reasonable action to end the abuse or neglect;
17 27. "Family-style living program" means a residential program
18 providing sustained care and supervision to residents in a homelike
19 environment not located in a building used for commercial activity;
20 28. "Foster care" or "foster care services" means continuous
21 twenty-four-hour care and supportive services provided for a child
22 in foster placement including, but not limited to, the care,
23 supervision, guidance, and rearing of a foster child by the foster
24 parent;
Req. No. 10017 Page 11
1 29. "Foster family home" means the private residence of a
2 foster parent who provides foster care services to a child. Such
3 term shall include a nonkinship foster family home, a therapeutic
4 foster family home, or the home of a relative or other kinship care
5 home;
6 30. "Foster parent eligibility assessment" includes a criminal
7 background investigation including, but not limited to, a national
8 criminal history records search based upon the submission of
9 fingerprints, home assessments, and any other assessment required by
10 the Department of Human Services, the Office of Juvenile Affairs, or
11 any child-placing agency pursuant to the provisions of the Oklahoma
12 Child Care Facilities Licensing Act;
13 31. "Guardian ad litem" means a person appointed by the court
14 pursuant to the provisions of Section 1-4-306 of this title having
15 those duties and responsibilities as set forth in that section. The
16 term "guardian ad litem" shall refer to a court-appointed special
17 advocate as well as to any other person appointed pursuant to the
18 provisions of Section 1-4-306 of this title to serve as a guardian
19 ad litem;
20 32. "Guardian ad litem of the estate of the child" means a
21 person appointed by the court to protect the property interests of a
22 child pursuant to Section 1-8-108 of this title;
23
24
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1 33. "Group home" means a residential facility licensed by the
2 Department to provide full-time care and community-based services
3 for more than five but fewer than thirteen children;
4 34. "Harm or threatened harm to the health or safety of a
5 child" means any real or threatened physical, mental, or emotional
6 injury or damage to the body or mind that is not accidental
7 including, but not limited to, sexual abuse, sexual exploitation,
8 neglect, or dependency;
9 35. "Heinous and shocking abuse" includes, but is not limited
10 to, aggravated physical abuse that results in serious bodily,
11 mental, or emotional injury. "Serious bodily injury" means injury
12 that involves:
13 a. a substantial risk of death,
14 b. extreme physical pain,
15 c. protracted disfigurement,
16 d. a loss or impairment of the function of a body member,
17 organ, or mental faculty,
18 e. an injury to an internal or external organ or the
19 body,
20 f. a bone fracture,
21 g. sexual abuse or sexual exploitation,
22 h. chronic abuse including, but not limited to, physical,
23 emotional, or sexual abuse, or sexual exploitation
24 which is repeated or continuing,
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1 i. torture that includes, but is not limited to,
2 inflicting, participating in or assisting in
3 inflicting intense physical or emotional pain upon a
4 child repeatedly over a period of time for the purpose
5 of coercing or terrorizing a child or for the purpose
6 of satisfying the craven, cruel, or prurient desires
7 of the perpetrator or another person, or
8 j. any other similar aggravated circumstance;
9 36. "Heinous and shocking neglect" includes, but is not limited
10 to:
11 a. chronic neglect that includes, but is not limited to,
12 a persistent pattern of family functioning in which
13 the caregiver has not met or sustained the basic needs
14 of a child which results in harm to the child,
15 b. neglect that has resulted in a diagnosis of the child
16 as a failure to thrive,
17 c. an act or failure to act by a parent that results in
18 the death or near death of a child or sibling, serious
19 physical or emotional harm, sexual abuse, sexual
20 exploitation, or presents an imminent risk of serious
21 harm to a child, or
22 d. any other similar aggravating circumstance;
23 37. "Individualized service plan" means a document written
24 pursuant to Section 1-4-704 of this title that has the same meaning
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1 as "service plan" or "treatment plan" where those terms are used in
2 the Oklahoma Children's Code;
3 38. "Infant" means a child who is twelve (12) months of age or
4 younger;
5 39. "Institution" means a residential facility offering care
6 and treatment for more than twenty residents;
7 40. a. "Investigation" means a response to an allegation of
8 abuse or neglect that involves a serious and immediate
9 threat to the safety of the child, making it necessary
10 to determine:
11 (1) the current safety of a child and the risk of
12 subsequent abuse or neglect, and
13 (2) whether child abuse or neglect occurred and
14 whether the family needs prevention- and
15 intervention-related services.
16 b. "Investigation" results in a written response stating
17 one of the following findings:
18 (1) "substantiated" means the Department has
19 determined, after an investigation of a report of
20 child abuse or neglect and based upon some
21 credible evidence, that child abuse or neglect
22 has occurred. When child abuse or neglect is
23 substantiated, the Department may recommend:
24
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1 (a) court intervention if the Department finds
2 the health, safety, or welfare of the child
3 is threatened, or
4 (b) child abuse and neglect prevention- and
5 intervention-related services for the child,
6 parents or persons responsible for the care
7 of the child if court intervention is not
8 determined to be necessary,
9 (2) "unsubstantiated" means the Department has
10 determined, after an investigation of a report of
11 child abuse or neglect, that insufficient
12 evidence exists to fully determine whether child
13 abuse or neglect has occurred. If child abuse or
14 neglect is unsubstantiated, the Department may
15 recommend, when determined to be necessary, that
16 the parents or persons responsible for the care
17 of the child obtain child abuse and neglect
18 prevention- and intervention-related services, or
19 (3) "ruled out" means a report in which a child
20 protective services specialist has determined,
21 after an investigation of a report of child abuse
22 or neglect, that no child abuse or neglect has
23 occurred;
24
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1 41. "Kinship care" means full-time care of a child by a kinship
2 relation;
3 42. "Kinship guardianship" means a permanent guardianship as
4 defined in this section;
5 43. "Kinship relation" or "kinship relationship" means
6 relatives, stepparents, or other responsible adults who have a bond
7 or tie with a child and/or to whom has been ascribed a family
8 relationship role with the child's parents or the child; provided,
9 however, in cases where the Indian Child Welfare Act applies, the
10 definitions contained in 25 U.S.C., Section 1903 shall control;
11 44. "Mental health facility" means a mental health or substance
12 abuse treatment facility as defined by the Inpatient Mental Health
13 and Substance Abuse Treatment of Minors Act;
14 45. "Minor" means the same as the term "child" as defined in
15 this section;
16 46. "Minor in need of treatment" means a child in need of
17 mental health or substance abuse treatment as defined by the
18 Inpatient Mental Health and Substance Abuse Treatment of Minors Act;
19 47. "Multidisciplinary child abuse team" means any team
20 established pursuant to Section 1-9-102 of this title of three or
21 more persons who are trained in the prevention, identification,
22 investigation, prosecution, and treatment of physical and sexual
23 child abuse and who are qualified to facilitate a broad range of
24 prevention- and intervention-related services and services related
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1 to child abuse. For purposes of this definition, "freestanding"
2 means a team not used by a child advocacy center for its
3 accreditation;
4 48. "Near death" means a child is in serious or critical
5 condition, as certified by a physician, as a result of abuse or
6 neglect;
7 49. a. "Neglect" means:
8 (1) the failure or omission to provide any of the
9 following:
10 (a) adequate nurturance and affection, food,
11 clothing, shelter, sanitation, hygiene, or
12 appropriate education,
13 (b) medical, dental, or behavioral health care,
14 (c) supervision or appropriate caretakers to
15 protect the child from harm or threatened
16 harm of which any reasonable and prudent
17 person responsible for the child's health,
18 safety or welfare would be aware, or
19 (d) special care made necessary for the child's
20 health and safety by the physical or mental
21 condition of the child,
22 (2) the failure or omission to protect a child from
23 exposure to any of the following:
24
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1 (a) the use, possession, sale, or manufacture of
2 illegal drugs,
3 (b) illegal activities, or
4 (c) sexual acts or materials that are not age-
5 appropriate, or
6 (d) the use of medical marijuana by a pregnant
7 woman regardless of whether or not the
8 pregnant woman possesses a valid medical
9 marijuana patient license, or
10 (3) abandonment.
11 b. "Neglect" shall not mean a child who engages in
12 independent activities, except if the person
13 responsible for the child's health, safety or welfare
14 willfully disregards any harm or threatened harm to
15 the child, given the child's level of maturity,
16 physical condition or mental abilities. Such
17 independent activities include but are not limited to:
18 (1) traveling to and from school including by
19 walking, running or bicycling,
20 (2) traveling to and from nearby commercial or
21 recreational facilities,
22 (3) engaging in outdoor play,
23 (4) remaining at home unattended for a reasonable
24 amount of time,
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1 (5) remaining in a vehicle if the temperature inside
2 the vehicle is not or will not become dangerously
3 hot or cold, except under the conditions
4 described in Section 11-1119 of Title 47 of the
5 Oklahoma Statutes, or
6 (6) engaging in similar activities alone or with
7 other children.
8 Nothing in this paragraph shall be construed to mean a child is
9 abused or neglected for the sole reason the parent, legal guardian
10 or person having custody or control of a child, in good faith,
11 selects and depends upon spiritual means alone through prayer, in
12 accordance with the tenets and practice of a recognized church or
13 religious denomination, for the treatment or cure of disease or
14 remedial care of such child. Nothing contained in this paragraph
15 shall prevent a court from immediately assuming custody of a child,
16 pursuant to the Oklahoma Children's Code, and ordering whatever
17 action may be necessary, including medical treatment, to protect the
18 child's health or welfare;
19 50. "Permanency hearing" means a hearing by the court pursuant
20 to Section 1-4-811 of this title;
21 51. "Permanent custody" means the court-ordered custody of an
22 adjudicated deprived child when a parent-child relationship no
23 longer exists due to termination of parental rights or due to the
24 death of a parent or parents;
Req. No. 10017 Page 20
1 52. "Permanent guardianship" means a judicially created
2 relationship between a child, a kinship relation of the child, or
3 other adult established pursuant to the provisions of Section 1-4-
4 709 of this title;
5 53. "Person responsible for a child's health, safety, or
6 welfare" includes a parent; a legal guardian; custodian; a foster
7 parent; a person eighteen (18) years of age or older with whom the
8 child's parent cohabitates or any other adult residing in the home
9 of the child; an agent or employee of a public or private
10 residential home, institution, facility or day treatment program as
11 defined in Section 175.20 of Title 10 of the Oklahoma Statutes; or
12 an owner, operator, or employee of a child care facility as defined
13 by Section 402 of Title 10 of the Oklahoma Statutes;
14 54. "Plan of safe care" means a plan developed for an infant
15 with Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum
16 Disorder upon release from the care of a health care provider that
17 addresses the health and substance use treatment needs of the infant
18 and mother or caregiver;
19 55. "Protective custody" means custody of a child taken by a
20 law enforcement officer or designated employee of the court without
21 a court order;
22 56. "Putative father" means an alleged father as that term is
23 defined in Section 7700-102 of Title 10 of the Oklahoma Statutes;
24
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1 57. "Qualified residential treatment program" means a program
2 that:
3 a. has a trauma-informed treatment model that is designed
4 to address the needs including clinical needs as
5 appropriate, of children with serious emotional or
6 behavioral disorders or disturbances and, with respect
7 to a child, is able to implement the treatment
8 identified for the child from a required assessment,
9 b. has registered or licensed nursing staff and other
10 licensed clinical staff who:
11 (1) provide care within the scope of their practice
12 as defined by the laws of this state,
13 (2) are on-site according to the treatment model
14 referred to in subparagraph a of this paragraph,
15 and
16 (3) are available twenty-four (24) hours a day and
17 seven (7) days a week,
18 c. to the extent appropriate, and in accordance with the
19 child's best interest, facilitates participation of
20 family members in the child's treatment program,
21 d. facilitates outreach to the family members of the
22 child including siblings, documents how the outreach
23 is made including contact information, and maintains
24
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1 contact information for any known biological family of
2 the child,
3 e. documents how family members are integrated into the
4 treatment process for the child including post-
5 discharge, and how sibling connections are maintained,
6 f. provides discharge planning and family-based aftercare
7 support for at least six (6) months post-discharge,
8 and
9 g. is licensed and accredited by any of the following
10 independent, not-for-profit organizations:
11 (1) The Commission on Accreditation of Rehabilitation
12 Facilities (CARF),
13 (2) The Joint Commission on Accreditation of
14 Healthcare Organizations (JCAHO),
15 (3) The Council on Accreditation (COA), or
16 (4) any other federally approved independent, not-
17 for-profit accrediting organization;
18 58. "Reasonable and prudent parent standard" means the standard
19 characterized by careful and sensible parental decisions that
20 maintain the health, safety, and best interests of a child while at
21 the same time encouraging the emotional and developmental growth of
22 the child. This standard shall be used by the child's caregiver
23 when determining whether to allow a child to participate in
24 extracurricular, enrichment, cultural, and social activities. For
Req. No. 10017 Page 23
1 purposes of this definition, the term "caregiver" means a foster
2 parent with whom a child in foster care has been placed, a
3 representative of a group home where a child has been placed or a
4 designated official for a residential child care facility where a
5 child in foster care has been placed;
6 59. "Relative" means a grandparent, great-grandparent, brother
7 or sister of whole or half blood, aunt, uncle or any other person
8 related to the child;
9 60. "Residential child care facility" means a twenty-four-hour
10 residential facility where children live together with or are
11 supervised by adults who are not their parents or relatives;
12 61. "Review hearing" means a hearing by the court pursuant to
13 Section 1-4-807 of this title;
14 62. "Risk" means the likelihood that an incident of child abuse
15 or neglect will occur in the future;
16 63. "Safety threat" means the threat of serious harm due to
17 child abuse or neglect occurring in the present or in the very near
18 future and without the intervention of another person, a child would
19 likely or in all probability sustain severe or permanent disability
20 or injury, illness, or death;
21 64. "Safety analysis" means action taken by the Department in
22 response to a report of alleged child abuse or neglect that may
23 include an assessment or investigation based upon an analysis of the
24
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1 information received according to priority guidelines and other
2 criteria adopted by the Department;
3 65. "Safety evaluation" means evaluation of a child's situation
4 by the Department using a structured, evidence-based tool to
5 determine if the child is subject to a safety threat;
6 66. "Secure facility" means a facility which is designed and
7 operated to ensure that all entrances and exits from the facility
8 are subject to the exclusive control of the staff of the facility,
9 whether or not the juvenile being detained has freedom of movement
10 within the perimeter of the facility, or a facility which relies on
11 locked rooms and buildings, fences, or physical restraint in order
12 to control behavior of its residents;
13 67. "Sibling" means a biologically or legally related brother
14 or sister of a child. This includes an individual who satisfies at
15 least one of the following conditions with respect to a child:
16 a. the individual is considered by state law to be a
17 sibling of the child, or
18 b. the individual would have been considered a sibling
19 under state law but for a termination or other
20 disruption of parental rights, such as the death of a
21 parent;
22 68. "Specialized foster care" means foster care provided to a
23 child in a foster home or agency-contracted home which:
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1 a. has been certified by the Developmental Disabilities
2 Services Division of the Department of Human Services,
3 b. is monitored by the Division, and
4 c. is funded through the Home- and Community-Based Waiver
5 Services Program administered by the Division;
6 69. "Successful adulthood program" means a program specifically
7 designed to assist a child to enhance those skills and abilities
8 necessary for successful adult living. A successful adulthood
9 program may include, but shall not be limited to, such features as
10 minimal direct staff supervision, and the provision of supportive
11 services to assist children with activities necessary for finding an
12 appropriate place of residence, completing an education or
13 vocational training, obtaining employment, or obtaining other
14 similar services;
15 70. "Temporary custody" means court-ordered custody of an
16 adjudicated deprived child;
17 71. "Therapeutic foster family home" means a foster family home
18 which provides specific treatment services, pursuant to a
19 therapeutic foster care contract, which are designed to remedy
20 social and behavioral problems of a foster child residing in the
21 home;
22 72. "Trafficking in persons" means sex trafficking or severe
23 forms of trafficking in persons as described in Section 7102 of
24 Title 22 of the United States Code:
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1 a. "sex trafficking" means the recruitment, harboring,
2 transportation, provision, obtaining, patronizing or
3 soliciting of a person for the purpose of a commercial
4 sex act, and
5 b. "severe forms of trafficking in persons" means:
6 (1) sex trafficking in which a commercial sex act is
7 induced by force, fraud, or coercion, or in which
8 the person induced to perform such act has not
9 attained eighteen (18) years of age, or
10 (2) the recruitment, harboring, transportation,
11 provision, obtaining, patronizing or soliciting
12 of a person for labor or services, through the
13 use of force, fraud, or coercion for the purpose
14 of subjection to involuntary servitude, peonage,
15 debt bondage, or slavery;
16 73. "Transitional living program" means a residential program
17 that may be attached to an existing facility or operated solely for
18 the purpose of assisting children to develop the skills and
19 abilities necessary for successful adult living. The program may
20 include, but shall not be limited to, reduced staff supervision,
21 vocational training, educational services, employment and employment
22 training, and other appropriate independent living skills training
23 as a part of the transitional living program; and
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1 74. "Voluntary foster care placement" means the temporary
2 placement of a child by the parent, legal guardian or custodian of
3 the child in foster care pursuant to a signed placement agreement
4 between the Department or a child-placing agency and the child's
5 parent, legal guardian or custodian.
6 SECTION 2. This act shall become effective November 1, 2025.
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8 60-1-10017 GRS 11/06/24
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Req. No. 10017 Page 28Every fact on this page links to its source, starting with the official bill record.