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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 2097 By: Nice
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5
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Juvenile Code;
7 amending 10A O.S. 2021, Section 2-1-103, which
8 relates to definitions; modifying definitions; and
8 providing an effective date.
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9
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11 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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12 SECTION 1. AMENDATORY 10A O.S. 2021, Section 2-1-103, is
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13 amended to read as follows:
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14 Section 2-1-103. When used in the Oklahoma Juvenile Code,
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15 unless the context otherwise requires:
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16 1. "Adjudicatory hearing" means a hearing to determine whether
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17 the allegations of a petition filed pursuant to the provisions of
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18 Chapter 2 of the Oklahoma Juvenile Code are supported by the
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19 evidence and whether a juvenile should be adjudged to be a ward of
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20 the court;
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21 2. "Alternatives to secure detention" means those services and
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22 facilities which are included in the State Plan for the
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23 Establishment of Juvenile Detention Services adopted by the Board of
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24 Juvenile Affairs and which are used for the temporary detention of
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1 juveniles in lieu of secure detention in a juvenile detention
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2 facility;
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3 3. "Behavioral health" means mental health, substance abuse or
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4 co-occurring mental health and substance abuse diagnoses, and the
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5 continuum of mental health, substance abuse, or co-occurring mental
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6 health and substance abuse treatment;
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7 4. "Behavioral health facility" means a mental health or
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8 substance abuse facility as provided for by the Inpatient Mental
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9 Health and Substance Abuse Treatment of Minors Act;
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10 5. "Board" means the Board of Juvenile Affairs;
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11 6. "Child" or "juvenile" means any person under eighteen (18)
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12 years of age, except for any person charged and convicted for any
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13 offense specified in the Youthful Offender Act or against whom
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14 judgment and sentence has been deferred for such offense, or any
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15 person who is certified as an adult pursuant to any certification
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16 procedure authorized in the Oklahoma Juvenile Code for any offense
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17 which results in a conviction or against whom judgment and sentence
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18 has been deferred for such offense;
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19 7. "Child or juvenile in need of mental health and substance
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20 abuse treatment" means a juvenile in need of mental health and
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21 substance abuse treatment as defined by the Inpatient Mental Health
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22 and Substance Abuse Treatment of Minors Act;
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23 8. "Child or juvenile in need of supervision" means a juvenile
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24 who:
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1 a. has repeatedly disobeyed reasonable and lawful
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2 commands or directives of the parent, legal guardian,
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3 or other custodian,
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4 b. is willfully and voluntarily absent from his or her
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5 home without the consent of the parent, legal
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6 guardian, or other custodian for a substantial length
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7 of time or without intent to return,
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8 c. is willfully and voluntarily absent from school, as
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9 specified in Section 10-106 of Title 70 of the
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10 Oklahoma Statutes, if the juvenile is subject to
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11 compulsory school attendance, or
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12 d. has been served with an ex parte or final protective
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13 order pursuant to the Protection from Domestic Abuse
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14 Act, or
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15 e. is under twelve (12) years of age and is alleged to
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16 have committed an act that would constitute a felony
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17 offense or serious misdemeanor if committed by a child
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18 of sufficient age to be adjudicated a delinquent but
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19 who is not subject to delinquency jurisdiction solely
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20 due to the child's age;
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21 9. "Community-based" means a facility, program or service
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22 located near the home or family of the juvenile, and programs of
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23 community prevention, diversion, supervision and service which
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24 maintain community participation in their planning, operation, and
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1 evaluation. These programs may include but are not limited to
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2 medical, educational, vocational, social, and psychological
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3 guidance, training, counseling, alcoholism treatment, drug
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4 treatment, prevention and diversion programs, diversion programs for
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5 first-time offenders, transitional living, independent living and
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6 other rehabilitative services;
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7 10. "Community intervention center" means a facility which
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8 serves as a short-term reception facility to receive and hold
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9 juveniles for an alleged violation of a municipal ordinance, state
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10 law or who are alleged to be in need of supervision, as provided for
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11 in subsection D of Section 2-7-305 of this title;
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12 11. "Core community-based" means the following community-based
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13 facilities, programs or services provided through contract with the
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14 Office of Juvenile Affairs as provided in Section 2-7-306 of this
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15 title:
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16 a. screening, evaluation and assessment which includes a
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17 face-to-face screening and evaluation to establish
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18 problem identification and to determine the risk level
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19 of a child or adolescent and may result in clinical
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20 diagnosis or diagnostic impression,
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21 b. treatment planning which includes preparation of an
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22 individualized treatment plan which is usually done as
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23 part of the screening, evaluation and assessment,
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1 c. treatment plan reviewing which includes a
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2 comprehensive review and evaluation of the
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3 effectiveness of the treatment plan,
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4 d. individual counseling which includes face-to-face,
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5 one-on-one interaction between a counselor and a
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6 juvenile to promote emotional or psychological change
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7 to alleviate the issues, problems, and difficulties
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8 that led to a referral, including ongoing assessment
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9 of the status and response of the juvenile to
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10 treatment as well as psychoeducational intervention,
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11 e. group counseling which includes a method of treating a
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12 group of individuals using the interaction between a
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13 counselor and two or more juveniles or parents or
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14 guardians to promote positive emotional or behavioral
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15 change, not including social skills development or
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16 daily living skills,
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17 f. family counseling which includes a face-to-face
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18 interaction between a counselor and the family of the
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19 juvenile to facilitate emotional, psychological or
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20 behavior changes and promote successful communication
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21 and understanding,
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22 g. crisis intervention counseling which includes
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23 unanticipated, unscheduled face-to-face emergency
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24 intervention provided by a licensed level or qualified
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1 staff with immediate access to a licensed provider to
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2 resolve immediate, overwhelming problems that severely
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3 impair the ability of the juvenile to function or
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4 maintain in the community,
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5 h. crisis intervention telephone support which includes
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6 supportive telephone assistance provided by a licensed
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7 level provider or qualified staff with immediate
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8 access to a licensed provider to resolve immediate,
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9 overwhelming problems that severely impair the ability
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10 of the juvenile to function or maintain in the
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11 community,
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12 i. case management which includes planned linkage,
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13 advocacy and referral assistance provided in
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14 partnership with a client to support that client in
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15 self-sufficiency and community tenure,
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16 j. case management and home-based services which includes
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17 that part of case management services dedicated to
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18 travel for the purpose of linkage, advocacy and
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19 referral assistance and travel to provide counseling
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20 and support services to families of children as needed
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21 to support specific youth and families in self-
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22 sufficiency and community tenure,
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23 k. individual rehabilitative treatment which includes
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24 face-to-face service provided one-on-one by qualified
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1 staff to maintain or develop skills necessary to
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2 perform activities of daily living and successful
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3 integration into community life, including educational
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4 and supportive services regarding independent living,
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5 self-care, social skills regarding development,
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6 lifestyle changes and recovery principles and
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7 practices,
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8 l. group rehabilitative treatment which includes face-to-
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9 face group services provided by qualified staff to
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10 maintain or develop skills necessary to perform
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11 activities of daily living and successful integration
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12 into community life, including educational and
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13 supportive services regarding independent living,
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14 self-care, social skills regarding development,
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15 lifestyle changes and recovery principles and
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16 practices,
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17 m. community-based prevention services which include
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18 services delivered in an individual or group setting
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19 by a qualified provider designed to meet the services
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20 needs of a child or youth and family of the child or
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21 youth who has been referred because of identified
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22 problems in the family or community. The group
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23 prevention planned activities must be focused on
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24 reducing the risk that individuals will experience
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1 behavioral, substance abuse or delinquency-related
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2 problems. Appropriate curriculum-based group
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3 activities include, but are not limited to, First
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4 Offender groups, prevention and relationship
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5 enhancement groups, anger management groups, life
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6 skills groups, substance abuse education groups,
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7 smoking cessation groups, STD/HIV groups and parenting
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8 groups,
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9 n. individual paraprofessional services which include
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10 services delineated in the treatment plan of the
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11 juvenile which are necessary for full integration of
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12 the juvenile into the home and community, but do not
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13 require a professional level of education and
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14 experience. Activities include assisting families
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15 with Medicaid applications, assisting with school and
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16 General Educational Development (GED) enrollment,
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17 assisting youth with independent living arrangements,
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18 providing assistance with educational problems and
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19 deficiencies, acting as a role model for youth while
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20 engaging them in community activities, assisting youth
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21 in seeking and obtaining employment, providing
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22 transportation for required appointments and
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23 activities, participating in recreational activities
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24 and accessing other required community support
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1 services necessary for full community integration and
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2 successful treatment,
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3 o. tutoring which includes a tutor and student working
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4 together as a learning team to bring about overall
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5 academic success, improved self-esteem and increased
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6 independence as a learner for the student,
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7 p. community relations which include public or community
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8 relations activities directed toward the community or
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9 public at large or any segment of the public to
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10 encourage understanding, accessibility and use of
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11 community-based facilities, programs or services,
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12 q. children's emergency resource centers that are
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13 community-based and that may provide emergency care
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14 and a safe and structured homelike environment or a
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15 host home for children providing food, clothing,
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16 shelter and hygiene products to each child served;
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17 after-school tutoring; counseling services; life-
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18 skills training; transition services; assessments;
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19 family reunification; respite care; transportation to
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20 or from school, doctors' appointments, visitations and
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21 other social, school, court or other activities when
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22 necessary; and a stable environment for children who
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23 have been detained as delinquent or in need of
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24 supervision and temporarily placed by a court, or
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1 children in crisis who are in custody of the Office of
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2 Juvenile Affairs if permitted under the Office's
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3 policies and regulations or who have been voluntarily
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4 placed by a parent or custodian during a temporary
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5 crisis,
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6 r. transitional living programs which include a
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7 structured program to help older homeless youth
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8 achieve self-sufficiency and avoid long-term
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9 dependence on social services,
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10 s. community-at-risk services (C.A.R.S.) which include a
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11 program provided to juveniles in custody or under the
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12 supervision of the Office of Juvenile Affairs or a
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13 juvenile bureau to prevent out-of-home placement and
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14 to reintegrate juveniles returning from placements.
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15 The program shall include, but not be limited to,
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16 treatment plan development, counseling, diagnostic and
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17 evaluation services, mentoring, tutoring, and
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18 supervision of youth in independent living,
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19 t. first offender programs which include alternative
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20 diversion programs, as defined by Section 2-2-404 of
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21 this title, and
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22 u. other community-based facilities, programs or services
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23 designated by the Board as core community-based
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24 facilities, programs or services;
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1 12. "Day treatment" means a program which provides intensive
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2 services to juveniles who reside in their own home, the home of a
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3 relative, or a foster home. Day treatment programs include
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4 educational services and may be operated as a part of a residential
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5 facility;
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6 13. "Delinquent child or juvenile" means a juvenile who:
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7 a. has violated any federal or state law or municipal
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8 ordinance except a traffic statute or traffic
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9 ordinance or any provision of the Oklahoma Wildlife
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10 Conservation Code, the Oklahoma Vessel and Motor
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11 Regulation Act or the Oklahoma Boating Safety
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12 Regulation Act, or has violated any lawful order of
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13 the court made pursuant to the provisions of the
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14 Oklahoma Juvenile Code, or
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15 b. has habitually violated traffic laws, traffic
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16 ordinances or boating safety laws or rules, or
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17 c. has committed an act which would be a crime or
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18 violation of a criminal law or ordinance if committed
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19 by an adult and was twelve (12) years of age or older
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20 when the act was committed. Any child who is under
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21 twelve (12) years of age when he or she is alleged to
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22 have committed any of the following offenses is within
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23 the jurisdiction of the juvenile court, which may
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1 adjudicate the child to be a ward of the court as a
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2 delinquent:
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3 (1) murder in the first degree,
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4 (2) manslaughter in the first degree,
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5 (3) robbery with a dangerous weapon or a
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6 firearm,
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7 (4) rape by instrumentation,
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8 (5) forcible sodomy, or
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9 (6) rape in the first degree.
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10 In order to ensure the safety and well-being of a
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11 child who is under twelve (12) years of age, and whose
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12 conduct, if committed by a child older than twelve
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13 (12) years of age, would otherwise subject the child
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14 to the jurisdiction of the juvenile court as a
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15 delinquent child, the state may initiate proceedings
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16 pursuant to the Inpatient Mental Health and Substance
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17 Abuse Treatment of Minors Act or paragraph 8 of this
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18 section, where the child's conduct or condition meets
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19 the statutory criteria for such proceedings;
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20 14. "Dispositional hearing" means a hearing to determine the
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21 order of disposition which should be made with respect to a juvenile
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22 adjudged to be a ward of the court;
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23 15. "Executive Director" means the Executive Director of the
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24 Office of Juvenile Affairs;
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1 16. "Facility" means a place, an institution, a building or
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2 part thereof, a set of buildings, or an area whether or not
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3 enclosing a building or set of buildings which is used for the
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4 lawful custody and treatment of juveniles. A facility shall not be
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5 considered a correctional facility subject to the provisions of
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6 Title 57 of the Oklahoma Statutes;
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7 17. "Graduated sanctions" means a calibrated system of
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8 sanctions designed to ensure that juvenile offenders face uniform,
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9 immediate, and consistent consequences that correspond to the
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10 seriousness of each offender's current offense, prior delinquent
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11 history, and compliance with prior interventions;
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12 18. "Group home" means a residential facility with a program
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13 which emphasizes family-style living in a homelike environment.
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14 Said group home may also offer a program within the community to
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15 meet the specialized treatment needs of its residents. A group home
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16 shall not be considered a correctional facility subject to the
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17 provisions of Title 57 of the Oklahoma Statutes;
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18 19. "Independent living program" means a program designed to
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19 assist a juvenile to enhance skills and abilities necessary for
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20 successful adult living and may include but shall not be limited to
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21 minimal direct staff supervision and supportive services in making
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22 the arrangements necessary for an appropriate place of residence,
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23 completing an education, vocational training, obtaining employment
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24 or other similar services;
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1 20. "Institution" means a residential facility offering care
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2 and treatment for more than twenty residents. An institution shall
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3 not be considered a correctional facility subject to the provisions
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4 of Title 57 of the Oklahoma Statutes. Said institution may:
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5 a. have a program which includes community participation
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6 and community-based services, or
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7 b. be a secure facility with a program exclusively
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8 designed for a particular category of resident;
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9 21. "Juvenile detention facility" means a facility which is
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10 secured by locked rooms, buildings and fences, and meets the
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11 certification standards of the Office and which is entirely separate
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12 from any prison, jail, adult lockup, or other adult facility, for
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13 the temporary care of children. A juvenile detention facility shall
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14 not be considered a correctional facility subject to the provisions
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15 of Title 57 of the Oklahoma Statutes;
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16 22. "Municipal juvenile facility" means a facility other than a
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17 community intervention center that accepts a child under eighteen
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18 (18) years of age charged with violating a municipal ordinance and
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19 meets the requirements of Section 2-2-102 of this title;
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20 23. "Office" means the Office of Juvenile Affairs;
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21 24. "Peer Review" means an initial or annual review and report
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22 to the Office of Juvenile Affairs of the organization, programs,
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23 records and financial condition of a Youth Services Agency by the
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24 Oklahoma Association of Youth Services, or another Oklahoma
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1 nonprofit corporation whose membership consists solely of Youth
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2 Services Agencies and of whom at least a majority of Youth Services
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3 Agencies are members. An annual review may consist of a review of
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4 one or more major areas of the operation of the Youth Services
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5 Agency being reviewed;
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6 25. "Person responsible for a juvenile's health or welfare"
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7 includes a parent, a legal guardian, custodian, a foster parent, a
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8 person eighteen (18) years of age or older with whom the juvenile's
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9 parent cohabitates or any other adult residing in the home of the
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10 child, an agent or employee of a public or private residential home,
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11 institution or facility, or an owner, operator, or employee of a
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12 child care facility as defined by Section 402 of Title 10 of the
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13 Oklahoma Statutes;
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14 26. "Preliminary inquiry" or "intake" means a mandatory,
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15 preadjudicatory interview of the juvenile and, if available, the
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16 parents, legal guardian, or other custodian of the juvenile, which
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17 is performed by a duly authorized individual to determine whether a
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18 juvenile comes within the purview of the Oklahoma Juvenile Code,
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19 whether nonadjudicatory alternatives are available and appropriate,
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20 and if the filing of a petition is necessary;
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21 27. "Probation" means a legal status created by court order
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22 whereby a delinquent juvenile is permitted to remain outside an
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23 Office of Juvenile Affairs facility directly or by contract under
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24 prescribed conditions and under supervision by the Office, subject
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1 to return to the court for violation of any of the conditions
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2 prescribed;
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3 28. "Rehabilitative facility" means a facility maintained by
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4 the state exclusively for the care, education, training, treatment,
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5 and rehabilitation of juveniles in need of supervision;
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6 29. "Responsible adult" means a stepparent, foster parent,
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7 person related to the juvenile in any manner who is eighteen (18)
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8 years of age or older, or any person having an obligation and
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9 authority to care for or safeguard the juvenile in the absence of
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10 another person who is eighteen (18) years of age or older;
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11 30. "Secure detention" means the temporary care of juveniles
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12 who require secure custody in physically restricting facilities:
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13 a. while under the continuing jurisdiction of the court
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14 pending court disposition, or
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15 b. pending placement by the Office of Juvenile Affairs
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16 after adjudication;
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17 31. "Secure facility" means a facility, maintained by the state
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18 exclusively for the care, education, training, treatment, and
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19 rehabilitation of delinquent juveniles or youthful offenders which
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20 relies on locked rooms and buildings, and fences for physical
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21 restraint in order to control behavior of its residents. A secure
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22 facility shall not be considered a correctional facility subject to
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23 the provisions of Title 57 of the Oklahoma Statutes;
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1 32. "Transitional living program" means a residential program
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2 that may be attached to an existing facility or operated solely for
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3 the purpose of assisting juveniles to develop the skills and
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4 abilities necessary for successful adult living. Said program may
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5 include but shall not be limited to reduced staff supervision,
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6 vocational training, educational services, employment and employment
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7 training, and other appropriate independent living skills training
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8 as a part of the transitional living program; and
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9 33. "Youth Services Agency" means a nonprofit corporation with
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10 a local board of directors, officers and staff that has been
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11 designated by the Board as a Youth Services Agency, that is peer
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12 reviewed annually, and that provides community-based facilities,
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13 programs or services to juveniles and their families in the youth
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14 services service area in which it is located.
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15 SECTION 2. This act shall become effective November 1, 2026.
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17 60-2-2654 CN 1/15/2026 12:29:28 PM
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Req. No. 2654 Page 17Every fact on this page links to its source, starting with the official bill record.