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1 STATE OF OKLAHOMA
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 1764 By: Jett
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to the Oklahoma Juvenile Code;
7 amending 10A O.S. 2021, Section 1-1-105, as amended
8 by Section 1, Chapter 375, O.S.L. 2025 (10A O.S.
8 Supp. 2025, Section 1-1-105), which relates to
9 definitions; modifying definition; and providing an
9 effective date.
10
10
11
11
12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
12
13 SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-1-105, as
13
14 amended by Section 1, Chapter 375, O.S.L. 2025 (10A O.S. Supp. 2025,
14
15 Section 1-1-105), is amended to read as follows:
15
16 Section 1-1-105. When used in the Oklahoma Children's Code,
16
17 unless the context otherwise requires:
17
18 1. "Abandonment" means:
18
19 a. the willful intent by words, actions, or omissions not
19
20 to return for a child,
20
21 b. the failure to maintain a significant parental
21
22 relationship with a child through visitation or
22
23 communication in which incidental or token visits or
23
24 communication are not considered significant, or
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Req. No. 3388 Page 1
1 c. the failure to respond to notice of deprived
1
2 proceedings;
2
3 2. "Abuse" means harm or threatened harm to the health, safety,
3
4 or welfare of a child by a person responsible for the child's
4
5 health, safety, or welfare, including, but not limited to,
5
6 nonaccidental physical or mental injury, sexual abuse, or sexual
6
7 exploitation. Provided, however, that nothing contained in the
7
8 Oklahoma Children's Code shall prohibit any parent from using
8
9 ordinary force as a means of discipline including, but not limited
9
10 to, spanking, switching, or paddling.
10
11 a. "Harm or threatened harm to the health, safety, or
11
12 welfare of a child" means any real or threatened
12
13 physical, mental, or emotional injury or damage to the
13
14 body or mind that is not accidental including, but not
14
15 limited to, sexual abuse, sexual exploitation,
15
16 neglect, or dependency.
16
17 b. "Sexual abuse" includes but is not limited to rape,
17
18 incest, and lewd or indecent acts or proposals made to
18
19 a child, as defined by law, by a person responsible
19
20 for the health, safety, or welfare of the child.
20
21 c. "Sexual exploitation" includes but is not limited to
21
22 allowing, permitting, encouraging, or forcing a child
22
23 to engage in prostitution, as defined by law, by any
23
24 person eighteen (18) years of age or older or by a
24
Req. No. 3388 Page 2
1 person responsible for the health, safety, or welfare
1
2 of a child, or allowing, permitting, encouraging, or
2
3 engaging in the lewd, obscene, or pornographic, as
3
4 defined by law, photographing, filming, or depicting
4
5 of a child in those acts by a person responsible for
5
6 the health, safety, and welfare of the child;
6
7 3. "Adjudication" means a finding by the court that the
7
8 allegations in a petition alleging that a child is deprived are
8
9 supported by a preponderance of the clear and convincing evidence;
9
10 4. "Adjudicatory hearing" means a hearing by the court as
10
11 provided by Section 1-4-601 of this title;
11
12 5. "Age-appropriate or developmentally appropriate" means:
12
13 a. activities or items that are generally accepted as
13
14 suitable for children of the same age or level of
14
15 maturity or that are determined to be developmentally
15
16 appropriate for a child, based on the development of
16
17 cognitive, emotional, physical, and behavioral
17
18 capacities that are typical for an age or age group,
18
19 and
19
20 b. in the case of a specific child, activities or items
20
21 that are suitable for that child based on the
21
22 developmental stages attained by the child with
22
23 respect to the cognitive, emotional, physical, and
23
24 behavioral capacities of the specific child.
24
Req. No. 3388 Page 3
1 In the event that any age-related activities have implications
1
2 relative to the academic curriculum of a child, nothing in this
2
3 paragraph shall be construed to authorize an officer or employee of
3
4 the federal government to mandate, direct, or control a state or
4
5 local educational agency, or the specific instructional content,
5
6 academic achievement standards and assessments, curriculum, or
6
7 program of instruction of a school;
7
8 6. "Assessment" means a comprehensive review of child safety
8
9 and evaluation of family functioning and protective capacities that
9
10 is conducted in response to a child abuse or neglect referral that
10
11 does not allege a serious and immediate safety threat to a child;
11
12 7. "Behavioral health" means mental health, substance abuse, or
12
13 co-occurring mental health and substance abuse diagnoses, and the
13
14 continuum of mental health, substance abuse, or co-occurring mental
14
15 health and substance abuse treatment;
15
16 8. "Child" means any unmarried person under eighteen (18) years
16
17 of age;
17
18 9. "Child advocacy center" means a center and the
18
19 multidisciplinary child abuse team of which it is a member that is
19
20 accredited by the National Children's Alliance or that is completing
20
21 a sixth year of reaccreditation. Child advocacy centers shall be
21
22 classified, based on the child population of a district attorney's
22
23 district, as follows:
23
24
24
Req. No. 3388 Page 4
1 a. nonurban centers in districts with child populations
1
2 that are less than sixty thousand (60,000), and
2
3 b. mid-level nonurban centers in districts with child
3
4 populations equal to or greater than sixty thousand
4
5 (60,000), but not including Oklahoma and Tulsa
5
6 Counties;
6
7 10. "Child with a disability" means any child who has a
7
8 physical or mental impairment which substantially limits one or more
8
9 of the major life activities of the child, or who is regarded as
9
10 having such an impairment by a competent medical professional;
10
11 11. "Child-placing agency" means an agency that arranges for or
11
12 places a child in a foster family home, family-style living program,
12
13 group home, adoptive home, or a successful adulthood program;
13
14 12. "Children's emergency resource center" means a community-
14
15 based program that may provide emergency care and a safe and
15
16 structured homelike environment or a host home for children
16
17 providing food, clothing, shelter and hygiene products to each child
17
18 served; after-school tutoring; counseling services; life-skills
18
19 training; transition services; assessments; family reunification;
19
20 respite care; transportation to or from school, doctors'
20
21 appointments, visitations and other social, school, court or other
21
22 activities when necessary; and a stable environment for children in
22
23 crisis who are in custody of the Department of Human Services if
23
24 permitted under the Department's policies and regulations, or who
24
Req. No. 3388 Page 5
1 have been voluntarily placed by a parent or custodian during a
1
2 temporary crisis;
2
3 13. "Community-based services" or "community-based programs"
3
4 means services or programs which maintain community participation or
4
5 supervision in their planning, operation, and evaluation.
5
6 Community-based services and programs may include, but are not
6
7 limited to, emergency shelter, crisis intervention, group work, case
7
8 supervision, job placement, recruitment and training of volunteers,
8
9 consultation, medical, educational, home-based services, vocational,
9
10 social, preventive and psychological guidance, training, counseling,
10
11 early intervention and diversionary substance abuse treatment,
11
12 sexual abuse treatment, transitional living, independent living, and
12
13 other related services and programs;
13
14 14. "Concurrent permanency planning" means, when indicated, the
14
15 implementation of two plans for a child entering foster care. One
15
16 plan focuses on reuniting the parent and child; the other seeks to
16
17 find a permanent out-of-home placement for the child with both plans
17
18 being pursued simultaneously;
18
19 15. "Court-appointed special advocate" or "CASA" means a
19
20 responsible adult volunteer who has been trained and is supervised
20
21 by a court-appointed special advocate program recognized by the
21
22 court, and when appointed by the court, serves as an officer of the
22
23 court in the capacity as a guardian ad litem;
23
24
24
Req. No. 3388 Page 6
1 16. "Court-appointed special advocate program" means an
1
2 organized program, administered by either an independent, not-for-
2
3 profit corporation, a dependent project of an independent, not-for-
3
4 profit corporation or a unit of local government, which recruits,
4
5 screens, trains, assigns, supervises and supports volunteers to be
5
6 available for appointment by the court as guardians ad litem;
6
7 17. "Custodian" means an individual other than a parent, legal
7
8 guardian or Indian custodian, to whom legal custody of the child has
8
9 been awarded by the court. As used in this title, the term
9
10 custodian shall not mean the Department of Human Services;
10
11 18. "Day treatment" means a nonresidential program which
11
12 provides intensive services to a child who resides in the child's
12
13 own home, the home of a relative, a group home, a foster home, or a
13
14 residential child care facility. Day treatment programs include,
14
15 but are not limited to, educational services;
15
16 19. "Department" means the Department of Human Services;
16
17 20. "Dependency" means a child who is homeless or without
17
18 proper care or guardianship through no fault of his or her parent,
18
19 legal guardian, or custodian;
19
20 21. "Deprived child" means a child:
20
21 a. who is for any reason destitute, homeless, or
21
22 abandoned,
22
23 b. who does not have the proper parental care or
23
24 guardianship,
24
Req. No. 3388 Page 7
1 c. who has been abused or neglected or is dependent,
1
2 d. whose home is an unfit place for the child by reason
2
3 of depravity on the part of the parent or legal
3
4 guardian of the child, or other person responsible for
4
5 the health or welfare of the child,
5
6 e. who is a child in need of special care and treatment
6
7 because of the child's physical or mental condition,
7
8 and the child's parents, legal guardian, or other
8
9 custodian is unable or willfully fails to provide such
9
10 special care and treatment. As used in this
10
11 paragraph, a child in need of special care and
11
12 treatment includes, but is not limited to, a child who
12
13 at birth tests positive for alcohol or a controlled
13
14 dangerous substance and who, pursuant to a drug or
14
15 alcohol screen of the child and an assessment of the
15
16 parent, is determined to be at risk of harm or
16
17 threatened harm to the health, safety, or welfare of a
17
18 child,
18
19 f. who is a child with a disability deprived of the
19
20 nutrition necessary to sustain life or of the medical
20
21 treatment necessary to remedy or relieve a life-
21
22 threatening medical condition in order to cause or
22
23 allow the death of the child if such nutrition or
23
24 medical treatment is generally provided to similarly
24
Req. No. 3388 Page 8
1 situated children without a disability or children
1
2 with disabilities; provided that no medical treatment
2
3 shall be necessary if, in the reasonable medical
3
4 judgment of the attending physician, such treatment
4
5 would be futile in saving the life of the child,
5
6 g. who, due to improper parental care and guardianship,
6
7 is absent from school as specified in Section 10-106
7
8 of Title 70 of the Oklahoma Statutes, if the child is
8
9 subject to compulsory school attendance,
9
10 h. whose parent, legal guardian or custodian for good
10
11 cause desires to be relieved of custody,
11
12 i. who has been born to a parent whose parental rights to
12
13 another child have been involuntarily terminated by
13
14 the court and the conditions which led to the making
14
15 of the finding, which resulted in the termination of
15
16 the parental rights of the parent to the other child,
16
17 have not been corrected, or
17
18 j. whose parent, legal guardian, or custodian has
18
19 subjected another child to abuse or neglect or has
19
20 allowed another child to be subjected to abuse or
20
21 neglect and is currently a respondent in a deprived
21
22 proceeding.
22
23 Nothing in the Oklahoma Children's Code shall be construed to
23
24 mean a child is deprived for the sole reason the parent, legal
24
Req. No. 3388 Page 9
1 guardian, or person having custody or control of a child, in good
1
2 faith, selects and depends upon spiritual means alone through
2
3 prayer, in accordance with the tenets and practice of a recognized
3
4 church or religious denomination, for the treatment or cure of
4
5 disease or remedial care of such child.
5
6 Evidence of material, educational or cultural disadvantage as
6
7 compared to other children shall not be sufficient to prove that a
7
8 child is deprived; the state shall prove that the child is deprived
8
9 as defined pursuant to this title.
9
10 Nothing contained in this paragraph shall prevent a court from
10
11 immediately assuming custody of a child and ordering whatever action
11
12 may be necessary, including medical treatment, to protect the
12
13 child's health or welfare;
13
14 22. "Dispositional hearing" means a hearing by the court as
14
15 provided by Section 1-4-706 of this title;
15
16 23. "Drug-endangered child" means a child who is at risk of
16
17 suffering physical, psychological or sexual harm as a result of the
17
18 use, possession, distribution, manufacture or cultivation of
18
19 controlled substances, or the attempt of any of these acts, by a
19
20 person responsible for the health, safety or welfare of the child,
20
21 as defined in this section. This term includes circumstances
21
22 wherein the substance abuse of the person responsible for the
22
23 health, safety or welfare of the child interferes with that person's
23
24
24
Req. No. 3388 Page 10
1 ability to parent and provide a safe and nurturing environment for
1
2 the child;
2
3 24. "Emergency custody" means the custody of a child prior to
3
4 adjudication of the child following issuance of an order of the
4
5 district court pursuant to Section 1-4-201 of this title or
5
6 following issuance of an order of the district court pursuant to an
6
7 emergency custody hearing, as specified by Section 1-4-203 of this
7
8 title;
8
9 25. "Facility" means a place, an institution, a building or
9
10 part thereof, a set of buildings, or an area whether or not
10
11 enclosing a building or set of buildings used for the lawful custody
11
12 and treatment of children;
12
13 26. "Failure to protect" means failure to take reasonable
13
14 action to remedy or prevent child abuse or neglect, and includes the
14
15 conduct of a nonabusing parent or guardian who knows the identity of
15
16 the abuser or the person neglecting the child, but lies, conceals or
16
17 fails to report the child abuse or neglect or otherwise take
17
18 reasonable action to end the abuse or neglect;
18
19 27. "Family-style living program" means a residential program
19
20 providing sustained care and supervision to residents in a homelike
20
21 environment not located in a building used for commercial activity;
21
22 28. "Foster care" or "foster care services" means continuous
22
23 twenty-four-hour care and supportive services provided for a child
23
24 in foster placement including, but not limited to, the care,
24
Req. No. 3388 Page 11
1 supervision, guidance, and rearing of a foster child by the foster
1
2 parent;
2
3 29. "Foster family home" means the private residence of a
3
4 foster parent who provides foster care services to a child. Such
4
5 term shall include a nonkinship foster family home, a therapeutic
5
6 foster family home, or the home of a relative or other kinship care
6
7 home;
7
8 30. "Foster parent eligibility assessment" includes a criminal
8
9 background investigation including, but not limited to, a national
9
10 criminal history records search based upon the submission of
10
11 fingerprints, home assessments, and any other assessment required by
11
12 the Department of Human Services, the Office of Juvenile Affairs, or
12
13 any child-placing agency pursuant to the provisions of the Oklahoma
13
14 Child Care Facilities Licensing Act;
14
15 31. "Guardian ad litem" means a person appointed by the court
15
16 pursuant to the provisions of Section 1-4-306 of this title having
16
17 those duties and responsibilities as set forth in that section. The
17
18 term guardian ad litem shall refer to a court-appointed special
18
19 advocate as well as to any other person appointed pursuant to the
19
20 provisions of Section 1-4-306 of this title to serve as a guardian
20
21 ad litem;
21
22 32. "Guardian ad litem of the estate of the child" means a
22
23 person appointed by the court to protect the property interests of a
23
24 child pursuant to Section 1-8-108 of this title;
24
Req. No. 3388 Page 12
1 33. "Group home" means a residential facility licensed by the
1
2 Department to provide full-time care and community-based services
2
3 for more than five but fewer than thirteen children;
3
4 34. "Harm or threatened harm to the health or safety of a
4
5 child" means any real or threatened physical, mental, or emotional
5
6 injury or damage to the body or mind that is not accidental
6
7 including, but not limited to, sexual abuse, sexual exploitation,
7
8 neglect, or dependency;
8
9 35. "Heinous and shocking abuse" includes, but is not limited
9
10 to, aggravated physical abuse that results in serious bodily,
10
11 mental, or emotional injury. "Serious bodily injury" means injury
11
12 that involves:
12
13 a. a substantial risk of death,
13
14 b. extreme physical pain,
14
15 c. protracted disfigurement,
15
16 d. a loss or impairment of the function of a body member,
16
17 organ, or mental faculty,
17
18 e. an injury to an internal or external organ or the
18
19 body,
19
20 f. a bone fracture,
20
21 g. sexual abuse or sexual exploitation,
21
22 h. chronic abuse including, but not limited to, physical,
22
23 emotional, or sexual abuse, or sexual exploitation
23
24 which is repeated or continuing,
24
Req. No. 3388 Page 13
1 i. torture that includes, but is not limited to,
1
2 inflicting, participating in or assisting in
2
3 inflicting intense physical or emotional pain upon a
3
4 child repeatedly over a period of time for the purpose
4
5 of coercing or terrorizing a child or for the purpose
5
6 of satisfying the craven, cruel, or prurient desires
6
7 of the perpetrator or another person, or
7
8 j. any other similar aggravated circumstance;
8
9 36. "Heinous and shocking neglect" includes, but is not limited
9
10 to:
10
11 a. chronic neglect that includes, but is not limited to,
11
12 a persistent pattern of family functioning in which
12
13 the caregiver has not met or sustained the basic needs
13
14 of a child which results in harm to the child,
14
15 b. neglect that has resulted in a diagnosis of the child
15
16 as a failure to thrive,
16
17 c. an act or failure to act by a parent that results in
17
18 the death or near death of a child or sibling, serious
18
19 physical or emotional harm, sexual abuse, or sexual
19
20 exploitation, or presents an imminent risk of serious
20
21 harm to a child, or
21
22 d. any other similar aggravating circumstance;
22
23 37. "Individualized service plan" means a document written
23
24 pursuant to Section 1-4-704 of this title that has the same meaning
24
Req. No. 3388 Page 14
1 as "service plan" or "treatment plan" where those terms are used in
1
2 the Oklahoma Children's Code;
2
3 38. "Infant" means a child who is twelve (12) months of age or
3
4 younger;
4
5 39. "Institution" means a residential facility offering care
5
6 and treatment for more than twenty residents;
6
7 40. a. "Investigation" means a response to an allegation of
7
8 abuse or neglect that involves a serious and immediate
8
9 threat to the safety of the child, making it necessary
9
10 to determine:
10
11 (1) the current safety of a child and the risk of
11
12 subsequent abuse or neglect, and
12
13 (2) whether child abuse or neglect occurred and
13
14 whether the family needs prevention- and
14
15 intervention-related services.
15
16 b. Investigation results in a written response stating
16
17 one of the following findings:
17
18 (1) "substantiated" means the Department has
18
19 determined, after an investigation of a report of
19
20 child abuse or neglect and based upon some
20
21 credible evidence, that child abuse or neglect
21
22 has occurred. When child abuse or neglect is
22
23 substantiated, the Department may recommend:
23
24
24
Req. No. 3388 Page 15
1 (a) court intervention if the Department finds
1
2 the health, safety, or welfare of the child
2
3 is threatened, or
3
4 (b) child abuse and neglect prevention- and
4
5 intervention-related services for the child,
5
6 parents or persons responsible for the care
6
7 of the child if court intervention is not
7
8 determined to be necessary,
8
9 (2) "unsubstantiated" means the Department has
9
10 determined, after an investigation of a report of
10
11 child abuse or neglect, that insufficient
11
12 evidence exists to fully determine whether child
12
13 abuse or neglect has occurred. If child abuse or
13
14 neglect is unsubstantiated, the Department may
14
15 recommend, when determined to be necessary, that
15
16 the parents or persons responsible for the care
16
17 of the child obtain child abuse and neglect
17
18 prevention- and intervention-related services, or
18
19 (3) "ruled out" means a report in which a child
19
20 protective services specialist has determined,
20
21 after an investigation of a report of child abuse
21
22 or neglect, that no child abuse or neglect has
22
23 occurred;
23
24
24
Req. No. 3388 Page 16
1 41. "Kinship care" means full-time care of a child by a kinship
1
2 relation;
2
3 42. "Kinship guardianship" means a permanent guardianship as
3
4 defined in this section;
4
5 43. "Kinship relation" or "kinship relationship" means
5
6 relatives, stepparents, or other responsible adults who have a bond
6
7 or tie with a child or to whom has been ascribed a family
7
8 relationship role with the child's parents or the child; provided,
8
9 however, in cases where the Indian Child Welfare Act applies, the
9
10 definitions contained in 25 U.S.C., Section 1903 shall control;
10
11 44. "Mental health facility" means a mental health or substance
11
12 abuse treatment facility as defined by the Inpatient Mental Health
12
13 and Substance Abuse Treatment of Minors Act;
13
14 45. "Minor" means the same as the term child as defined in this
14
15 section;
15
16 46. "Minor in need of treatment" means a child in need of
16
17 mental health or substance abuse treatment as defined by the
17
18 Inpatient Mental Health and Substance Abuse Treatment of Minors Act;
18
19 47. "Multidisciplinary child abuse team" means any team
19
20 established pursuant to Section 1-9-102 of this title of three or
20
21 more persons who are trained in the prevention, identification,
21
22 investigation, prosecution, and treatment of physical and sexual
22
23 child abuse and who are qualified to facilitate a broad range of
23
24 prevention- and intervention-related services and services related
24
Req. No. 3388 Page 17
1 to child abuse. For purposes of this definition, "freestanding"
1
2 means a team not used by a child advocacy center for its
2
3 accreditation;
3
4 48. "Near death" means a child is in serious or critical
4
5 condition, as certified by a physician, as a result of abuse or
5
6 neglect;
6
7 49. a. "Neglect" means:
7
8 (1) the failure or omission to provide any of the
8
9 following:
9
10 (a) adequate nurturance and affection, food,
10
11 clothing, shelter, sanitation, hygiene, or
11
12 appropriate education,
12
13 (b) medical, dental, or behavioral health care,
13
14 (c) supervision or appropriate caretakers to
14
15 protect the child from harm or threatened
15
16 harm of which any reasonable and prudent
16
17 person responsible for the child's health,
17
18 safety or welfare would be aware, or
18
19 (d) special care made necessary for the child's
19
20 health and safety by the physical or mental
20
21 condition of the child,
21
22 (2) the failure or omission to protect a child from
22
23 exposure to any of the following:
23
24
24
Req. No. 3388 Page 18
1 (a) the use, possession, sale, or manufacture of
1
2 illegal drugs,
2
3 (b) illegal activities, or
3
4 (c) sexual acts or materials that are not age-
4
5 appropriate, or
5
6 (3) abandonment.
6
7 b. Neglect shall not mean a child who engages in
7
8 independent activities, except if the person
8
9 responsible for the child's health, safety or welfare
9
10 willfully disregards any harm or threatened harm to
10
11 the child, given the child's level of maturity,
11
12 physical condition or mental abilities. Such
12
13 independent activities include but are not limited to:
13
14 (1) traveling to and from school including by
14
15 walking, running or bicycling,
15
16 (2) traveling to and from nearby commercial or
16
17 recreational facilities,
17
18 (3) engaging in outdoor play,
18
19 (4) remaining at home unattended for a reasonable
19
20 amount of time,
20
21 (5) remaining in a vehicle if the temperature inside
21
22 the vehicle is not or will not become dangerously
22
23 hot or cold, except under the conditions
23
24
24
Req. No. 3388 Page 19
1 described in Section 11-1119 of Title 47 of the
1
2 Oklahoma Statutes, or
2
3 (6) engaging in similar activities alone or with
3
4 other children.
4
5 Nothing in this paragraph shall be construed to mean a child is
5
6 abused or neglected for the sole reason the parent, legal guardian
6
7 or person having custody or control of a child, in good faith,
7
8 selects and depends upon spiritual means alone through prayer, in
8
9 accordance with the tenets and practice of a recognized church or
9
10 religious denomination, for the treatment or cure of disease or
10
11 remedial care of such child. Nothing contained in this paragraph
11
12 shall prevent a court from immediately assuming custody of a child,
12
13 pursuant to the Oklahoma Children's Code, and ordering whatever
13
14 action may be necessary, including medical treatment, to protect the
14
15 child's health or welfare;
15
16 50. "Permanency hearing" means a hearing by the court pursuant
16
17 to Section 1-4-811 of this title;
17
18 51. "Permanent custody" means the court-ordered custody of an
18
19 adjudicated deprived child when a parent-child relationship no
19
20 longer exists due to termination of parental rights or due to the
20
21 death of a parent or parents;
21
22 52. "Permanent guardianship" means a judicially created
22
23 relationship between a child, a kinship relation of the child, or
23
24
24
Req. No. 3388 Page 20
1 other adult established pursuant to the provisions of Section 1-4-
1
2 709 of this title;
2
3 53. "Person responsible for a child's health, safety, or
3
4 welfare" includes a parent; a legal guardian; custodian; a foster
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5 parent; a person eighteen (18) years of age or older with whom the
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6 child's parent cohabitates or any other adult residing in the home
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7 of the child; an agent or employee of a public or private
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8 residential home, institution, facility or day treatment program as
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9 defined in Section 175.20 of Title 10 of the Oklahoma Statutes; or
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10 an owner, operator, or employee of a child care facility as defined
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11 by Section 402 of Title 10 of the Oklahoma Statutes;
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12 54. "Plan of safe care" means a plan developed for an infant
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13 with Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum
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14 Disorder upon release from the care of a health care provider that
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15 addresses the health and substance use treatment needs of the infant
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16 and mother or caregiver;
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17 55. "Protective custody" means custody of a child taken by a
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18 law enforcement officer or designated employee of the court without
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19 a court order;
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20 56. "Putative father" means an alleged father as that term is
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21 defined in Section 7700-102 of Title 10 of the Oklahoma Statutes;
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22 57. "Qualified residential treatment program" means a program
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23 that:
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Req. No. 3388 Page 21
1 a. has a trauma-informed treatment model that is designed
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2 to address the needs including clinical needs as
2
3 appropriate, of children with serious emotional or
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4 behavioral disorders or disturbances and, with respect
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5 to a child, is able to implement the treatment
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6 identified for the child from a required assessment,
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7 b. has registered or licensed nursing staff and other
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8 licensed clinical staff who:
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9 (1) provide care within the scope of their practice
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10 as defined by the laws of this state,
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11 (2) are on-site according to the treatment model
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12 referred to in subparagraph a of this paragraph,
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13 and
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14 (3) are available twenty-four (24) hours a day and
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15 seven (7) days a week,
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16 c. to the extent appropriate, and in accordance with the
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17 child's best interest, facilitates participation of
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18 family members in the child's treatment program,
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19 d. facilitates outreach to the family members of the
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20 child including siblings, documents how the outreach
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21 is made including contact information, and maintains
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22 contact information for any known biological family of
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23 the child,
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Req. No. 3388 Page 22
1 e. documents how family members are integrated into the
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2 treatment process for the child including post-
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3 discharge, and how sibling connections are maintained,
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4 f. provides discharge planning and family-based aftercare
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5 support for at least six (6) months post-discharge,
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6 and
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7 g. is licensed and accredited by any of the following
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8 independent, not-for-profit organizations:
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9 (1) the Commission on Accreditation of Rehabilitation
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10 Facilities (CARF),
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11 (2) the Joint Commission,
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12 (3) the Council on Accreditation (COA), or
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13 (4) any other federally approved independent, not-
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14 for-profit accrediting organization;
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15 58. "Reasonable and prudent parent standard" means the standard
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16 characterized by careful and sensible parental decisions that
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17 maintain the health, safety, and best interests of a child while at
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18 the same time encouraging the emotional and developmental growth of
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19 the child. This standard shall be used by the child's caregiver
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20 when determining whether to allow a child to participate in
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21 extracurricular, enrichment, cultural, and social activities. For
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22 purposes of this definition, the term "caregiver" means a foster
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23 parent with whom a child in foster care has been placed, a
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24 representative of a group home where a child has been placed or a
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Req. No. 3388 Page 23
1 designated official for a residential child care facility where a
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2 child in foster care has been placed;
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3 59. "Relative" means a grandparent, great-grandparent, brother
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4 or sister of whole or half blood, aunt, uncle or any other person
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5 related to the child;
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6 60. "Residential child care facility" means a twenty-four-hour
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7 residential facility where children live together with or are
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8 supervised by adults who are not their parents or relatives;
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9 61. "Review hearing" means a hearing by the court pursuant to
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10 Section 1-4-807 of this title;
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11 62. "Risk" means the likelihood that an incident of child abuse
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12 or neglect will occur in the future;
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13 63. "Safety threat" means the threat of serious harm due to
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14 child abuse or neglect occurring in the present or in the very near
14
15 future and without the intervention of another person, a child would
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16 likely or in all probability sustain severe or permanent disability
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17 or injury, illness, or death;
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18 64. "Safety analysis" means action taken by the Department in
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19 response to a report of alleged child abuse or neglect that may
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20 include an assessment or investigation based upon an analysis of the
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21 information received according to priority guidelines and other
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22 criteria adopted by the Department;
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1 65. "Safety evaluation" means evaluation of a child's situation
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2 by the Department using a structured, evidence-based tool to
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3 determine if the child is subject to a safety threat;
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4 66. "Secure facility" means a facility which is designed and
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5 operated to ensure that all entrances and exits from the facility
5
6 are subject to the exclusive control of the staff of the facility,
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7 whether or not the juvenile being detained has freedom of movement
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8 within the perimeter of the facility, or a facility which relies on
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9 locked rooms and buildings, fences, or physical restraint in order
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10 to control behavior of its residents;
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11 67. "Sibling" means a biologically or legally related brother
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12 or sister of a child. This includes an individual who satisfies at
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13 least one of the following conditions with respect to a child:
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14 a. the individual is considered by state law to be a
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15 sibling of the child, or
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16 b. the individual would have been considered a sibling
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17 under state law but for a termination or other
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18 disruption of parental rights, such as the death of a
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19 parent;
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20 68. "Specialized foster care" means foster care provided to a
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21 child in a foster home or agency-contracted home which:
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22 a. has been certified by the Developmental Disabilities
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23 Services Division of the Department of Human Services,
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24 b. is monitored by the Division, and
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1 c. is funded through the Home and Community-Based Waiver
1
2 Services Program administered by the Division;
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3 69. "Successful adulthood program" means a program specifically
3
4 designed to assist a child to enhance those skills and abilities
4
5 necessary for successful adult living. A successful adulthood
5
6 program may include, but shall not be limited to, such features as
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7 minimal direct staff supervision, and the provision of supportive
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8 services to assist children with activities necessary for finding an
8
9 appropriate place of residence, completing an education or
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10 vocational training, obtaining employment, or obtaining other
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11 similar services;
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12 70. "Temporary custody" means court-ordered custody of an
12
13 adjudicated deprived child;
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14 71. "Therapeutic foster family home" means a foster family home
14
15 which provides specific treatment services, pursuant to a
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16 therapeutic foster care contract, which are designed to remedy
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17 social and behavioral problems of a foster child residing in the
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18 home;
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19 72. "Time-limited reunification services" means reunification
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20 services provided only during the period of fifteen (15) months that
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21 begins on the date the child is considered to have entered foster
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22 care;
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1 73. "Trafficking in persons" means sex trafficking or severe
1
2 forms of trafficking in persons as described in Section 7102 of
2
3 Title 22 of the United States Code:
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4 a. "sex trafficking" means the recruitment, harboring,
4
5 transportation, provision, obtaining, patronizing or
5
6 soliciting of a person for the purpose of a commercial
6
7 sex act, and
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8 b. "severe forms of trafficking in persons" means:
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9 (1) sex trafficking in which a commercial sex act is
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10 induced by force, fraud, or coercion, or in which
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11 the person induced to perform such act has not
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12 attained eighteen (18) years of age, or
12
13 (2) the recruitment, harboring, transportation,
13
14 provision, obtaining, patronizing or soliciting
14
15 of a person for labor or services, through the
15
16 use of force, fraud, or coercion for the purpose
16
17 of subjection to involuntary servitude, peonage,
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18 debt bondage, or slavery;
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19 74. "Transitional living program" means a residential program
19
20 that may be attached to an existing facility or operated solely for
20
21 the purpose of assisting children to develop the skills and
21
22 abilities necessary for successful adult living. The program may
22
23 include, but shall not be limited to, reduced staff supervision,
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24 vocational training, educational services, employment and employment
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Req. No. 3388 Page 27
1 training, and other appropriate independent living skills training
1
2 as a part of the transitional living program; and
2
3 75. "Voluntary foster care placement" means the temporary
3
4 placement of a child by the parent, legal guardian or custodian of
4
5 the child in foster care pursuant to a signed placement agreement
5
6 between the Department or a child-placing agency and the child's
6
7 parent, legal guardian or custodian.
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8 SECTION 2. This act shall become effective November 1, 2026.
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10 60-2-3388 BLB 1/14/2026 3:16:08 PM
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Req. No. 3388 Page 28Every fact on this page links to its source, starting with the official bill record.