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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1660 By: Jett
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Children's Code;
7 amending 10A O.S. 2021, Sections 1-4-201 and 1-4-203,
8 which relate to child custody; imposing certain
8 restrictions on specified custody orders; directing
9 certain relief; and declaring an emergency.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-4-201, is
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14 amended to read as follows:
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15 Section 1-4-201. A. Pursuant to the provisions of this
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16 section, a child may be taken into custody prior to the filing of a
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17 petition:
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18 1. By a peace officer or employee of the court, without a court
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19 order if the officer or employee has reasonable suspicion that:
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20 a. the child is in need of immediate protection due to an
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21 imminent safety threat,
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22 b. the circumstances or surroundings of the child are
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23 such that continuation in the child's home or in the
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24 care or custody of the parent, legal guardian, or
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1 custodian would present an imminent safety threat to
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2 the child, or
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3 c. the child, including a child with a disability, is
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4 unable to communicate effectively about abuse, neglect
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5 or other safety threat or is in a vulnerable position
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6 due to the inability to communicate effectively and
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7 the child is in need of immediate protection due to an
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8 imminent safety threat; or
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9 2. By an order of the district court issued upon the
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10 application of the office of the district attorney. The application
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11 presented by the district attorney may be supported by a sworn
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12 affidavit which may be based upon information and belief. The
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13 application shall state facts sufficient to demonstrate to the court
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14 that a continuation of the child in the home or with the caretaker
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15 of the child is contrary to the child's welfare and there is
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16 reasonable suspicion that:
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17 a. the child is in need of immediate protection due to an
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18 imminent safety threat,
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19 b. the circumstances or surroundings of the child are
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20 such that continuation in the child's home or in the
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21 care or custody of the parent, legal guardian, or
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22 custodian would present an imminent safety threat to
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23 the child, or
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1 c. the child, including a child with a disability, is
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2 unable to communicate effectively about abuse, neglect
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3 or other safety threat or is in a vulnerable position
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4 due to the inability to communicate effectively and
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5 the child is in need of immediate protection due to an
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6 imminent safety threat.
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7 The application and order may be verbal and upon being advised by
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8 the district attorney or the court of the verbal order, law
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9 enforcement shall act on such order. If verbal, the district
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10 attorney shall submit a written application and proposed order to
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11 the district court within one (1) judicial day from the issuance of
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12 the verbal order. Upon approval, the application and order shall be
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13 filed with the court clerk; or
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14 3. By order of the district court when the child is in need of
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15 medical or behavioral health treatment in order to protect the
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16 health, safety, or welfare of the child and the parent, legal
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17 guardian, or custodian of the child is unwilling or unavailable to
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18 consent to such medical or behavioral health treatment or other
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19 action, the court shall specifically include in the emergency order
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20 authorization for such medical or behavioral health evaluation or
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21 treatment as it deems necessary.
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22 An order described in this subsection shall not be issued at any
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23 time on a Saturday or Sunday or past 10:00 a.m. on a Friday, unless
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24 the judge who issues the order remains available by cell phone
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1 during such time to the parent or legal guardian, legal
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2 representatives of the parent or legal guardian, and legislators.
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3 B. 1. By January 1, 2010, the Department in consultation with
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4 law enforcement and the district courts shall develop and implement
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5 a system for joint response when a child is taken into protective
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6 custody by a peace officer pursuant to paragraph 1 of subsection A
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7 of this section. The system shall include:
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8 a. designation of persons to serve as contact points for
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9 peace officers, including at least one backup contact
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10 for each initial contact point,
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11 b. a protocol for conducting a safety evaluation at the
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12 scene where protective custody is assumed to determine
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13 whether the child faces an imminent safety threat and,
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14 if so, whether the child can be protected through
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15 placement with relatives or others without the
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16 Department assuming emergency custody,
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17 c. the development of reception centers for accepting
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18 protective custody of children from peace officers
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19 when the Department is unable to respond at the scene
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20 within a reasonable time period,
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21 d. a protocol for conducting a safety evaluation at the
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22 reception center within twenty-three (23) hours of the
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23 assumption of protective custody of a child to
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24 determine whether the child faces an imminent safety
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1 threat and, if so, whether the child can be protected
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2 through placement with relatives or others without the
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3 Department assuming emergency custody, and
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4 e. a protocol, when the child cannot safely be left in
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5 the home, for transporting a child to the home of a
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6 relative, kinship care home, an emergency foster care
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7 home, a shelter, or any other site at which the
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8 Department believes the child can be protected,
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9 provided that the Department shall utilize a shelter
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10 only when the home of a relative, kinship care home,
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11 or emergency foster care home is unavailable or
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12 inappropriate.
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13 2. Beginning January 1, 2010, no child taken into protective
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14 custody under paragraph 1 of subsection A of this section shall be
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15 considered to be in the emergency custody of the Department until
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16 the Department has completed a safety evaluation and has concluded
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17 that the child faces an imminent safety threat and the court has
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18 issued an order for emergency custody.
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19 3. If the safety evaluation performed by the Department of a
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20 child taken into protective custody under paragraph 1 of subsection
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21 A of this section indicates that the child does not face an imminent
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22 safety threat, the Department shall restore the child to the custody
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23 and control of the parent, legal guardian, or custodian of the
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24 child.
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1 C. When an order issued by the district court pursuant to
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2 subsection A of this section places the child in the emergency
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3 custody of the Department of Human Services pending further hearing
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4 specified by Section 1-4-203 of this title, an employee of the
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5 Department may execute such order and physically take the child into
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6 custody in the following limited circumstance:
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7 1. The child is located in a hospital, school, or day care
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8 facility; and
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9 2. It is believed that assumption of the custody of the child
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10 from the facility can occur without risk to the child or the
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11 employee of the Department.
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12 Otherwise, the order shall be executed and the child taken into
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13 custody by a peace officer or employee of the court.
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14 D. The court shall not enter a prepetition emergency custody
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15 order removing a child from the home of the child unless the court
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16 makes a determination:
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17 1. That an imminent safety threat exists and continuation in
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18 the home of the child is contrary to the welfare of the child; and
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19 2. Whether reasonable efforts have been made to prevent the
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20 removal of the child from the child's home; or
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21 3. An absence of efforts to prevent the removal of the child
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22 from the home of the child is reasonable because the removal is due
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23 to an emergency and is for the purpose of providing for the safety
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24 and welfare of the child.
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1 E. Whenever a child is taken into custody pursuant to this
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2 section:
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3 1. The child may be taken to a kinship care home or an
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4 emergency foster care home designated by the Department, or if no
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5 such home is available, to a children's shelter located within the
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6 county where protective or emergency custody is assumed or, if there
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7 is no children's shelter within the county, to a children's shelter
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8 designated by the court;
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9 2. Unless otherwise provided by administrative order entered
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10 pursuant to subsection F of this section, the child may be taken
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11 before a judge of the district court or the court may be contacted
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12 verbally for the purpose of obtaining an order for emergency
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13 custody. The court may place the child in the emergency custody of
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14 the Department or some other suitable person or entity pending
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15 further hearing specified by Section 1-4-203 of this title;
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16 3. The child may be taken directly to or retained in a health
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17 care facility for medical treatment, when the child is in need of
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18 emergency medical treatment to maintain the child's health, or as
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19 otherwise directed by the court; or
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20 4. The child may be taken directly to or retained in a
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21 behavioral health treatment facility for evaluation or inpatient
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22 treatment, in accordance with the provisions of the Inpatient Mental
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23 Health and Substance Abuse Treatment of Minors Act, when the child
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1 is in need of behavioral health care to preserve the child's health,
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2 or as otherwise directed by the court; and
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3 5. Unless otherwise provided by administrative order entered
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4 pursuant to subsection F of this section, the district court of the
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5 county where the custody is assumed shall be immediately notified,
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6 verbally or in writing, that the child has been taken into custody.
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7 If notification is verbal, written notification shall be sent to the
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8 district court within one (1) judicial day of such verbal
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9 notification.
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10 F. The court may provide, in an administrative order issued
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11 pursuant to this section, for the disposition of children taken into
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12 custody and notification of the assumption of such custody.
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13 1. Such order or rule shall be consistent with the provisions
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14 of subsection E of this section and may include a process for
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15 release of a child prior to an emergency custody hearing. The
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16 administrative order shall not include a provision to modify
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17 protective custody of a child to emergency custody of the Department
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18 upon admission of a child to a shelter; and
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19 2. The administrative order may require joint training of peace
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20 officers and Department staff deemed necessary by the court to carry
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21 out the provisions of the administrative order.
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22 G. No child taken into custody pursuant to this section shall
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23 be confined in any jail, adult lockup, or adult or juvenile
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24 detention facility.
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1 H. When a determination is made by the Department that there is
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2 a significant risk of abuse or neglect, but there is not an imminent
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3 safety threat to the child, the Department may recommend a court-
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4 supervised and Department-monitored in-home placement. The
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5 Department shall assist the family in obtaining the services
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6 necessary to maintain the in-home care and correct the conditions
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7 leading to the risk determination.
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8 I. Any peace officer, employee of the court, or employee of the
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9 Department is authorized to transport a child when acting pursuant
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10 to this section. Such persons and any other person acting under the
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11 direction of the court, who in good faith transports any child or
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12 carries out duties pursuant to this section, shall be immune from
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13 civil or criminal liability that may result by reason of such act.
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14 For purposes of any proceedings, civil or criminal, the good faith
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15 of any such person shall be presumed. This provision shall not
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16 apply to damage or injury caused by the willful, wanton or gross
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17 negligence or misconduct of a person.
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18 J. A parent or person responsible for the child who is arrested
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19 on a charge or warrant other than child abuse or neglect or an act
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20 of child endangerment may designate another person to take physical
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21 custody of the child. Upon this request, the peace officer may
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22 release the child to the physical custody of the designated person.
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23 SECTION 2. AMENDATORY 10A O.S. 2021, Section 1-4-203, is
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24 amended to read as follows:
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1 Section 1-4-203. A. Within the next two (2) judicial days
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2 following the child being taken into protective or emergency
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3 custody, the court shall conduct an emergency custody hearing. At
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4 the hearing, information may be provided to the court in the form of
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5 oral or written reports, affidavits or testimony. Any information
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6 having probative value may be received by the court regardless of
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7 its admissibility under the Oklahoma Evidence Code. At the hearing
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8 the court shall:
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9 1. Determine whether facts exist that are sufficient to
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10 demonstrate to the court there is reasonable suspicion that the
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11 child is in need of immediate protection due to abuse or neglect, or
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12 that the circumstances or surroundings of the child are such that
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13 continuation of the child in the child's home or in the care or
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14 custody of the parent, legal guardian, or custodian would present an
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15 imminent danger to the child;
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16 2. Advise the parent, legal guardian, or custodian of the child
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17 in writing of the following:
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18 a. any right of the parent, legal guardian, or custodian
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19 to testify and present evidence at court hearings,
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20 b. the right to be represented by an attorney at court
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21 hearings,
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22 c. the consequences of failure to attend any hearings
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23 which may be held, and
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1 d. the right to appeal and procedure for appealing an
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2 order of the court;
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3 3. Determine custody of the child and order one of the
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4 following:
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5 a. release of the child to the custody of the child's
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6 parent, legal guardian, or custodian from whom the
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7 child was removed under any conditions the court finds
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8 reasonably necessary to protect the health, safety, or
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9 welfare of the child, or
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10 b. placement of the child in the custody of a responsible
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11 adult or licensed child-placing agency under any
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12 conditions the court finds reasonably necessary to
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13 protect the health, safety, or welfare of the child,
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14 or
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15 c. whether to continue the child in or to place the child
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16 into the emergency custody of the Department of Human
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17 Services;
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18 4. Order the parent, legal guardian, or custodian to complete
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19 an affidavit listing the names, addresses, and phone numbers of any
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20 parent, whether known or alleged, grandparent, aunt, uncle, brother,
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21 sister, half-sibling, and first cousin and any comments concerning
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22 the appropriateness of the potential placement of the child with the
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23 relative. If no such relative exists, the court shall require the
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24 parent, legal guardian, or custodian to list any other relatives or
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1 persons with whom the child has had a substantial relationship or
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2 who may be a suitable placement for the child;
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3 5. Direct the parent, legal guardian, or custodian to furnish
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4 the Department with a copy of the child's birth certificate within
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5 fifteen (15) days from the hearing if a petition is filed, unless
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6 otherwise extended by the court; and
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7 6. In accordance with the safety or well-being of any child,
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8 determine whether reasonable efforts have been made to:
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9 a. place siblings, who have been removed, together in the
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10 same foster care, guardianship, or adoptive placement,
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11 and
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12 b. provide for frequent visitation or other ongoing
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13 interaction in the case of siblings who have been
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14 removed and who are not placed together.
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15 B. If the court orders the release of the child to the custody
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16 of the child's parent, legal guardian, or custodian from whom the
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17 child was removed, the court shall order the Department of Human
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18 Services to pay damages to the family equal to seven times the
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19 payment the Department is entitled to receive from the federal
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20 government for the care of the child, subject to any limitations
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21 prescribed by The Governmental Tort Claims Act.
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22 C. The office of the State Court Administrator shall create an
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23 affidavit form and make it available to each court responsible for
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24 conducting emergency custody hearings. The affidavit form shall
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1 contain a notice to the parent, legal guardian, or custodian that
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2 failure to identify a parent or relative in a timely manner may
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3 result in the child being permanently placed outside of the home of
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4 the child's parent or relative. The affidavit form shall also
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5 advise the parent, legal guardian, or custodian of the penalties
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6 associated with perjury and contempt of court. The original
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7 completed affidavit shall be filed with the court clerk no later
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8 than five (5) days after the hearing or as otherwise directed by the
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9 court and a copy shall be provided to the Department.
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10 C. D. 1. The Department shall, within thirty (30) days of the
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11 removal of a child, exercise due diligence to identify relatives.
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12 Notice shall be provided by the Department to the following adult
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13 relatives: all grandparents, all parents of a sibling of the child,
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14 where the parent has legal custody of the sibling, and other adult
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15 relatives of the child, including relatives suggested by the
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16 parents, as the court directs. The notice shall advise the
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17 relatives:
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18 a. the child has been or is being removed from the
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19 custody of the parent or parents of the child,
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20 b. of the options under applicable law to participate in
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21 the care and placement of the child, including any
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22 options that may be lost by failing to respond to the
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23 notice, and
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1 c. of the requirements to become a foster family home and
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2 the additional services and supports available for
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3 children placed in the home.
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4 2. Relatives shall not be notified if notification would not be
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5 in the best interests of a child due to past or current family or
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6 domestic violence. The Department may promulgate rules in
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7 furtherance of the provisions of this subsection.
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8 SECTION 3. It being immediately necessary for the preservation
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9 of the public peace, health or safety, an emergency is hereby
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10 declared to exist, by reason whereof this act shall take effect and
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11 be in full force from and after its passage and approval.
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Req. No. 3121 Page 14Every fact on this page links to its source, starting with the official bill record.