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1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 455 By: Pederson
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to the Oklahoma Children's Code;
7 amending 10A O.S. 2021, Section 1-1-105, which
8 relates to definitions; modifying definitions;
8 updating statutory language; and providing an
9 effective date.
9
10
10
11 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
11
12 SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-1-105, is
12
13 amended to read as follows:
13
14 Section 1-1-105. When used in the Oklahoma Children's Code,
14
15 unless the context otherwise requires:
15
16 1. "Abandonment" means:
16
17 a. the willful intent by words, actions, or omissions not
17
18 to return for a child, or
18
19 b. the failure to maintain a significant parental
19
20 relationship with a child through visitation or
20
21 communication in which incidental or token visits or
21
22 communication are not considered significant, or
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23 c. the failure to respond to notice of deprived
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24 proceedings;
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1 2. "Abuse" means harm or threatened harm to the health, safety,
1
2 or welfare of a child by a person responsible for the child's
2
3 health, safety, or welfare, including, but not limited to,
3
4 nonaccidental physical or mental injury, sexual abuse, or sexual
4
5 exploitation. Provided, however, that nothing contained in the
5
6 Oklahoma Children's Code shall prohibit any parent from using
6
7 ordinary force as a means of discipline including, but not limited
7
8 to, spanking, switching, or paddling.
8
9 a. "Harm or threatened harm to the health or, safety, or
9
10 welfare of a child" means any real or threatened
10
11 physical, mental, or emotional injury or damage to the
11
12 body or mind that is not accidental including, but not
12
13 limited to, sexual abuse, sexual exploitation,
13
14 neglect, or dependency.
14
15 b. "Sexual abuse" includes, but is not limited to, rape,
15
16 incest, and lewd or indecent acts or proposals made to
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17 a child, as defined by law, by a person responsible
17
18 for the health, safety, or welfare of the child.
18
19 c. "Sexual exploitation" includes, but is not limited to,
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20 allowing, permitting, encouraging, or forcing a child
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21 to engage in prostitution, as defined by law, by any
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22 person eighteen (18) years of age or older or by a
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23 person responsible for the health, safety, or welfare
23
24 of a child, or allowing, permitting, encouraging, or
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1 engaging in the lewd, obscene, or pornographic, as
1
2 defined by law, photographing, filming, or depicting
2
3 of a child in those acts by a person responsible for
3
4 the health, safety, and welfare of the child;
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5 3. "Adjudication" means a finding by the court that the
5
6 allegations in a petition alleging that a child is deprived are
6
7 supported by a preponderance of the evidence;
7
8 4. "Adjudicatory hearing" means a hearing by the court as
8
9 provided by Section 1-4-601 of this title;
9
10 5. "Age-appropriate or developmentally appropriate" means:
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11 a. activities or items that are generally accepted as
11
12 suitable for children of the same age or level of
12
13 maturity or that are determined to be developmentally
13
14 appropriate for a child, based on the development of
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15 cognitive, emotional, physical, and behavioral
15
16 capacities that are typical for an age or age group,
16
17 and
17
18 b. in the case of a specific child, activities or items
18
19 that are suitable for that child based on the
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20 developmental stages attained by the child with
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21 respect to the cognitive, emotional, physical, and
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22 behavioral capacities of the specific child.
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23 In the event that any age-related activities have implications
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24 relative to the academic curriculum of a child, nothing in this
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1 paragraph shall be construed to authorize an officer or employee of
1
2 the federal government to mandate, direct, or control a state or
2
3 local educational agency, or the specific instructional content,
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4 academic achievement standards and assessments, curriculum, or
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5 program of instruction of a school;
5
6 6. "Assessment" means a comprehensive review of child safety
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7 and evaluation of family functioning and protective capacities that
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8 is conducted in response to a child abuse or neglect referral that
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9 does not allege a serious and immediate safety threat to a child;
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10 7. "Behavioral health" means mental health, substance abuse, or
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11 co-occurring mental health and substance abuse diagnoses, and the
11
12 continuum of mental health, substance abuse, or co-occurring mental
12
13 health and substance abuse treatment;
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14 8. "Child" means any unmarried person under eighteen (18) years
14
15 of age;
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16 9. "Child advocacy center" means a center and the
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17 multidisciplinary child abuse team of which it is a member that is
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18 accredited by the National Children's Alliance or that is completing
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19 a sixth year of reaccreditation. Child advocacy centers shall be
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20 classified, based on the child population of a district attorney's
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21 district, as follows:
21
22 a. nonurban centers in districts with child populations
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23 that are less than sixty thousand (60,000), and
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24
24
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1 b. midlevel mid-level nonurban centers in districts with
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2 child populations equal to or greater than sixty
2
3 thousand (60,000), but not including Oklahoma and
3
4 Tulsa Counties;
4
5 10. "Child with a disability" means any child who has a
5
6 physical or mental impairment which substantially limits one or more
6
7 of the major life activities of the child, or who is regarded as
7
8 having such an impairment by a competent medical professional;
8
9 11. "Child-placing agency" means an agency that arranges for or
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10 places a child in a foster family home, family-style living program,
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11 group home, adoptive home, or a successful adulthood program;
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12 12. "Children's emergency resource center" means a community-
12
13 based program that may provide emergency care and a safe and
13
14 structured homelike environment or a host home for children
14
15 providing food, clothing, shelter, and hygiene products to each
15
16 child served; after-school tutoring; counseling services; life-
16
17 skills training; transition services; assessments; family
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18 reunification; respite care; transportation to or from school,
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19 doctors' appointments, visitations, and other social, school, court,
19
20 or other activities when necessary; and a stable environment for
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21 children in crisis who are in custody of the Department of Human
21
22 Services if permitted under the Department's policies and
22
23 regulations, or who have been voluntarily placed by a parent or
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24 custodian during a temporary crisis;
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1 13. "Community-based services" or "community-based programs"
1
2 means services or programs which maintain community participation or
2
3 supervision in their planning, operation, and evaluation.
3
4 Community-based services and programs may include, but are not
4
5 limited to, emergency shelter, crisis intervention, group work, case
5
6 supervision, job placement, recruitment and training of volunteers,
6
7 consultation, medical, educational, home-based services, vocational,
7
8 social, preventive and psychological guidance, training, counseling,
8
9 early intervention and diversionary substance abuse treatment,
9
10 sexual abuse treatment, transitional living, independent living, and
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11 other related services and programs;
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12 14. "Concurrent permanency planning" means, when indicated, the
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13 implementation of two plans for a child entering foster care. One
13
14 plan focuses on reuniting the parent and child; the other seeks to
14
15 find a permanent out-of-home placement for the child with both plans
15
16 being pursued simultaneously;
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17 15. "Court-appointed special advocate" or "CASA" means a
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18 responsible adult volunteer who has been trained and is supervised
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19 by a court-appointed special advocate program recognized by the
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20 court, and when appointed by the court, serves as an officer of the
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21 court in the capacity as a guardian ad litem;
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22 16. "Court-appointed special advocate program" means an
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23 organized program, administered by either an independent, not-for-
23
24 profit corporation, a dependent project of an independent, not-for-
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1 profit corporation, or a unit of local government, which recruits,
1
2 screens, trains, assigns, supervises, and supports volunteers to be
2
3 available for appointment by the court as guardians ad litem;
3
4 17. "Custodian" means an individual other than a parent, legal
4
5 guardian, or Indian custodian, to whom legal custody of the child
5
6 has been awarded by the court. As used in this title, the term
6
7 "custodian" custodian shall not mean the Department of Human
7
8 Services;
8
9 18. "Day treatment" means a nonresidential program which
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10 provides intensive services to a child who resides in the child's
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11 own home, the home of a relative, a group home, a foster home, or a
11
12 residential child care facility. Day treatment programs include,
12
13 but are not limited to, educational services;
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14 19. "Department" means the Department of Human Services;
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15 20. "Dependency" means a child who is homeless or without
15
16 proper care or guardianship through no fault of his or her parent,
16
17 legal guardian, or custodian;
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18 21. "Deprived child" means a child:
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19 a. who is for any reason destitute, homeless, or
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20 abandoned,
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21 b. who does not have the proper parental care or
21
22 guardianship,
22
23 c. who has been abused, or neglected, or is dependent,
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24
24
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1 d. whose home is an unfit place for the child by reason
1
2 of depravity on the part of the parent or legal
2
3 guardian of the child, or other person responsible for
3
4 the health or welfare of the child,
4
5 e. who is a child in need of special care and treatment
5
6 because of the child's physical or mental condition,
6
7 and the child's parents, legal guardian, or other
7
8 custodian is unable or willfully fails to provide such
8
9 special care and treatment. As used in this
9
10 paragraph, a child in need of special care and
10
11 treatment includes, but is not limited to, a child who
11
12 at birth tests positive for alcohol or a controlled
12
13 dangerous substance and who, pursuant to a drug or
13
14 alcohol screen of the child and an assessment of the
14
15 parent, is determined to be at risk of harm or
15
16 threatened harm to the health or, safety, or welfare
16
17 of a child,
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18 f. who is a child with a disability deprived of the
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19 nutrition necessary to sustain life or of the medical
19
20 treatment necessary to remedy or relieve a life-
20
21 threatening medical condition in order to cause or
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22 allow the death of the child if such nutrition or
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23 medical treatment is generally provided to similarly
23
24 situated children without a disability or children
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Req. No. 135 Page 8
1 with disabilities; provided that no medical treatment
1
2 shall be necessary if, in the reasonable medical
2
3 judgment of the attending physician, such treatment
3
4 would be futile in saving the life of the child,
4
5 g. who, due to improper parental care and guardianship,
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6 is absent from school as specified in Section 10-106
6
7 of Title 70 of the Oklahoma Statutes, if the child is
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8 subject to compulsory school attendance,
8
9 h. whose parent, legal guardian, or custodian for good
9
10 cause desires to be relieved of custody,
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11 i. who has been born to a parent whose parental rights to
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12 another child have been involuntarily terminated by
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13 the court and the conditions which led to the making
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14 of the finding, which resulted in the termination of
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15 the parental rights of the parent to the other child,
15
16 have not been corrected, or
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17 j. whose parent, legal guardian, or custodian has
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18 subjected another child to abuse or neglect or has
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19 allowed another child to be subjected to abuse or
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20 neglect and is currently a respondent in a deprived
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21 proceeding.
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22 Nothing in the Oklahoma Children's Code shall be construed to
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23 mean a child is deprived for the sole reason the parent, legal
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24 guardian, or person having custody or control of a child, in good
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Req. No. 135 Page 9
1 faith, selects and depends upon spiritual means alone through
1
2 prayer, in accordance with the tenets and practice of a recognized
2
3 church or religious denomination, for the treatment or cure of
3
4 disease or remedial care of such child.
4
5 Evidence of material, educational, or cultural disadvantage as
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6 compared to other children shall not be sufficient to prove that a
6
7 child is deprived; the state shall prove that the child is deprived
7
8 as defined pursuant to this title.
8
9 Nothing contained in this paragraph shall prevent a court from
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10 immediately assuming custody of a child and ordering whatever action
10
11 may be necessary, including medical treatment, to protect the
11
12 child's health or welfare;
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13 22. "Dispositional hearing" means a hearing by the court as
13
14 provided by Section 1-4-706 of this title;
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15 23. "Drug-endangered child" means a child who is at risk of
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16 suffering physical, psychological, or sexual harm as a result of the
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17 use, possession, distribution, manufacture, or cultivation of
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18 controlled substances, or the attempt of any of these acts, by a
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19 person responsible for the health, safety, or welfare of the child,
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20 as defined in this section. This term includes circumstances
20
21 wherein the substance abuse of the person responsible for the
21
22 health, safety, or welfare of the child interferes with that
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23 person's ability to parent and provide a safe and nurturing
23
24 environment for the child;
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1 24. "Emergency custody" means the custody of a child prior to
1
2 adjudication of the child following issuance of an order of the
2
3 district court pursuant to Section 1-4-201 of this title or
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4 following issuance of an order of the district court pursuant to an
4
5 emergency custody hearing, as specified by Section 1-4-203 of this
5
6 title;
6
7 25. "Facility" means a place, an institution, a building or
7
8 part thereof, a set of buildings, or an area whether or not
8
9 enclosing a building or set of buildings used for the lawful custody
9
10 and treatment of children;
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11 26. "Failure to protect" means failure to take reasonable
11
12 action to remedy or prevent child abuse or neglect, and includes the
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13 conduct of a nonabusing parent or guardian who knows the identity of
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14 the abuser or the person neglecting the child, but lies, conceals,
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15 or fails to report the child abuse or neglect or otherwise take
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16 reasonable action to end the abuse or neglect;
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17 27. "Family-style living program" means a residential program
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18 providing sustained care and supervision to residents in a homelike
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19 environment not located in a building used for commercial activity;
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20 28. "Felt safety" means the individual experiences safety by
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21 not anticipating harm or hurt, emotionally or physically, based on
21
22 his or her present internal response and environment, and has
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23 relational security from his or her primary caregivers;
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24
24
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1 29. "Foster care" or "foster care services" means continuous
1
2 twenty-four-hour care and supportive services provided for a child
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3 in foster placement including, but not limited to, the care,
3
4 supervision, guidance, and rearing of a foster child by the foster
4
5 parent;
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6 29. 30. "Foster family home" means the private residence of a
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7 foster parent who provides foster care services to a child. Such
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8 term shall include a nonkinship foster family home, a therapeutic
8
9 foster family home, or the home of a relative or other kinship care
9
10 home;
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11 30. 31. "Foster parent eligibility assessment" includes a
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12 criminal background investigation including, but not limited to, a
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13 national criminal history records search based upon the submission
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14 of fingerprints, home assessments, and any other assessment required
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15 by the Department of Human Services, the Office of Juvenile Affairs,
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16 or any child-placing agency pursuant to the provisions of the
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17 Oklahoma Child Care Facilities Licensing Act;
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18 31. 32. "Group home" means a residential facility licensed by
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19 the Department to provide full-time care and community-based
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20 services for more than five but fewer than thirteen children;
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21 33. "Guardian ad litem" means a person appointed by the court
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22 pursuant to the provisions of Section 1-4-306 of this title having
22
23 those duties and responsibilities as set forth in that section. The
23
24 term "guardian ad litem" guardian ad litem shall refer to a court-
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Req. No. 135 Page 12
1 appointed special advocate as well as to any other person appointed
1
2 pursuant to the provisions of Section 1-4-306 of this title to serve
2
3 as a guardian ad litem;
3
4 32. 34. "Guardian ad litem of the estate of the child" means a
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5 person appointed by the court to protect the property interests of a
5
6 child pursuant to Section 1-8-108 of this title;
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7 33. "Group home" means a residential facility licensed by the
7
8 Department to provide full-time care and community-based services
8
9 for more than five but fewer than thirteen children;
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10 34. 35. "Harm or threatened harm to the health or, safety, or
10
11 welfare of a child" means any real or threatened physical, mental,
11
12 or emotional injury or damage to the body or mind that is not
12
13 accidental including, but not limited to, sexual abuse, sexual
13
14 exploitation, neglect, or dependency;
14
15 35. 36. "Heinous and shocking abuse" includes, but is not
15
16 limited to, aggravated physical abuse that results in serious
16
17 bodily, mental, or emotional injury. "Serious bodily injury" means
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18 injury that involves:
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19 a. a substantial risk of death,
19
20 b. extreme physical pain,
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21 c. protracted disfigurement,
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22 d. a loss or impairment of the function of a body member,
22
23 organ, or mental faculty,
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24
24
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1 e. an injury to an internal or external organ or the
1
2 body,
2
3 f. a bone fracture,
3
4 g. sexual abuse or sexual exploitation,
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5 h. chronic abuse including, but not limited to, physical,
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6 emotional, or sexual abuse, or sexual exploitation
6
7 which is repeated or continuing,
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8 i. torture that includes, but is not limited to,
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9 inflicting, participating in, or assisting in
9
10 inflicting intense physical or emotional pain upon a
10
11 child repeatedly over a period of time for the purpose
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12 of coercing or terrorizing a child or for the purpose
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13 of satisfying the craven, cruel, or prurient desires
13
14 of the perpetrator or another person, or
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15 j. any other similar aggravated circumstance;
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16 36. 37. "Heinous and shocking neglect" includes, but is not
16
17 limited to:
17
18 a. chronic neglect that includes, but is not limited to,
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19 a persistent pattern of family functioning in which
19
20 the caregiver has not met or sustained the basic needs
20
21 of a child which results in harm to the child,
21
22 b. neglect that has resulted in a diagnosis of the child
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23 as a failure to thrive,
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24
24
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1 c. an act or failure to act by a parent that results in
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2 the death or near death of a child or sibling, serious
2
3 physical or emotional harm, sexual abuse, or sexual
3
4 exploitation, or presents an imminent risk of serious
4
5 harm to a child, or
5
6 d. any other similar aggravating circumstance;
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7 37. 38. "Individualized service plan" means a document written
7
8 pursuant to Section 1-4-704 of this title that has the same meaning
8
9 as "service plan" or "treatment plan" where those terms are used in
9
10 the Oklahoma Children's Code;
10
11 38. 39. "Infant" means a child who is twelve (12) months of age
11
12 or younger;
12
13 39. 40. "Institution" means a residential facility offering
13
14 care and treatment for more than twenty residents;
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15 40. 41. a. "Investigation" means a response to an
15
16 allegation of abuse or neglect that involves a serious
16
17 and immediate threat to the safety of the child,
17
18 making it necessary to determine:
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19 (1) the current safety of a child and the risk of
19
20 subsequent abuse or neglect, and
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21 (2) whether child abuse or neglect occurred and
21
22 whether the family needs prevention- and
22
23 intervention-related services.
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24
24
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1 b. "Investigation" Investigation results in a written
1
2 response stating one of the following findings:
2
3 (1) "substantiated" means the Department has
3
4 determined, after an investigation of a report of
4
5 child abuse or neglect and based upon some
5
6 credible evidence, that child abuse or neglect
6
7 has occurred. When child abuse or neglect is
7
8 substantiated, the Department may recommend:
8
9 (a) court intervention if the Department finds
9
10 the health, safety, or welfare of the child
10
11 is threatened, or
11
12 (b) child abuse and neglect prevention- and
12
13 intervention-related services for the child,
13
14 parents, or persons responsible for the care
14
15 of the child if court intervention is not
15
16 determined to be necessary,
16
17 (2) "unsubstantiated" means the Department has
17
18 determined, after an investigation of a report of
18
19 child abuse or neglect, that insufficient
19
20 evidence exists to fully determine whether child
20
21 abuse or neglect has occurred. If child abuse or
21
22 neglect is unsubstantiated, the Department may
22
23 recommend, when determined to be necessary, that
23
24 the parents or persons responsible for the care
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1 of the child obtain child abuse and neglect
1
2 prevention- and intervention-related services, or
2
3 (3) "ruled out" means a report in which a child
3
4 protective services specialist has determined,
4
5 after an investigation of a report of child abuse
5
6 or neglect, that no child abuse or neglect has
6
7 occurred;
7
8 41. 42. "Kinship care" means full-time care of a child by a
8
9 kinship relation;
9
10 42. 43. "Kinship guardianship" means a permanent guardianship
10
11 as defined in this section;
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12 43. 44. "Kinship relation" or "kinship relationship" means
12
13 relatives, stepparents, or other responsible adults who have a bond
13
14 or tie with a child and/or or to whom has been ascribed a family
14
15 relationship role with the child's parents or the child; provided,
15
16 however, in cases where the Indian Child Welfare Act applies, the
16
17 definitions contained in 25 U.S.C., Section 1903 shall control;
17
18 44. 45. "Mental health facility" means a mental health or
18
19 substance abuse treatment facility as defined by the Inpatient
19
20 Mental Health and Substance Abuse Treatment of Minors Act;
20
21 45. 46. "Minor" means the same as the term "child" child as
21
22 defined in this section;
22
23
23
24
24
Req. No. 135 Page 17
1 46. 47. "Minor in need of treatment" means a child in need of
1
2 mental health or substance abuse treatment as defined by the
2
3 Inpatient Mental Health and Substance Abuse Treatment of Minors Act;
3
4 47. 48. "Multidisciplinary child abuse team" means any team
4
5 established pursuant to Section 1-9-102 of this title of three or
5
6 more persons who are trained in the prevention, identification,
6
7 investigation, prosecution, and treatment of physical and sexual
7
8 child abuse and who are qualified to facilitate a broad range of
8
9 prevention- and intervention-related services and services related
9
10 to child abuse. For purposes of this definition, "freestanding"
10
11 means a team not used by a child advocacy center for its
11
12 accreditation;
12
13 48. 49. "Near death" means a child is in serious or critical
13
14 condition, as certified by a physician, as a result of abuse or
14
15 neglect;
15
16 49. 50. a. "Neglect" means:
16
17 (1) the failure or omission to provide any of the
17
18 following:
18
19 (a) adequate nurturance and affection, food,
19
20 clothing, shelter, sanitation, hygiene, or
20
21 appropriate education,
21
22 (b) medical, dental, or behavioral health care,
22
23 (c) supervision or appropriate caretakers to
23
24 protect the child from harm or threatened
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Req. No. 135 Page 18
1 harm of which any reasonable and prudent
1
2 person responsible for the child's health,
2
3 safety, or welfare would be aware, or
3
4 (d) special care made necessary for the child's
4
5 health and safety by the physical or mental
5
6 condition of the child,
6
7 (2) the failure or omission to protect a child from
7
8 exposure to any of the following:
8
9 (a) the use, possession, sale, or manufacture of
9
10 illegal drugs,
10
11 (b) illegal activities, or
11
12 (c) sexual acts or materials that are not age-
12
13 appropriate, or
13
14 (3) abandonment.
14
15 b. "Neglect" Neglect shall not mean a child who engages
15
16 in independent activities, except if the person
16
17 responsible for the child's health, safety, or welfare
17
18 willfully disregards any harm or threatened harm to
18
19 the child, given the child's level of maturity,
19
20 physical condition, or mental abilities. Such
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21 independent activities include, but are not limited
21
22 to:
22
23 (1) traveling to and from school including by
23
24 walking, running, or bicycling,
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Req. No. 135 Page 19
1 (2) traveling to and from nearby commercial or
1
2 recreational facilities,
2
3 (3) engaging in outdoor play,
3
4 (4) remaining at home unattended for a reasonable
4
5 amount of time,
5
6 (5) remaining in a vehicle if the temperature inside
6
7 the vehicle is not or will not become dangerously
7
8 hot or cold, except under the conditions
8
9 described in Section 11-1119 of Title 47 of the
9
10 Oklahoma Statutes, or
10
11 (6) engaging in similar activities alone or with
11
12 other children.
12
13 Nothing in this paragraph shall be construed to mean a child is
13
14 abused or neglected for the sole reason the parent, legal guardian,
14
15 or person having custody or control of a child, in good faith,
15
16 selects and depends upon spiritual means alone through prayer, in
16
17 accordance with the tenets and practice of a recognized church or
17
18 religious denomination, for the treatment or cure of disease or
18
19 remedial care of such child. Nothing contained in this paragraph
19
20 shall prevent a court from immediately assuming custody of a child,
20
21 pursuant to the Oklahoma Children's Code, and ordering whatever
21
22 action may be necessary, including medical treatment, to protect the
22
23 child's health or welfare;
23
24
24
Req. No. 135 Page 20
1 50. 51. "Permanency hearing" means a hearing by the court
1
2 pursuant to Section 1-4-811 of this title;
2
3 51. 52. "Permanent custody" means the court-ordered custody of
3
4 an adjudicated deprived child when a parent-child relationship no
4
5 longer exists due to termination of parental rights or due to the
5
6 death of a parent or parents;
6
7 52. 53. "Permanent guardianship" means a judicially created
7
8 relationship between a child, a kinship relation of the child, or
8
9 other adult established pursuant to the provisions of Section 1-4-
9
10 709 of this title;
10
11 53. 54. "Person responsible for a child's health, safety, or
11
12 welfare" includes a parent; a legal guardian; custodian; a foster
12
13 parent; a person eighteen (18) years of age or older with whom the
13
14 child's parent cohabitates or any other adult residing in the home
14
15 of the child; an agent or employee of a public or private
15
16 residential home, institution, facility, or day treatment program as
16
17 defined in Section 175.20 of Title 10 of the Oklahoma Statutes; or
17
18 an owner, operator, or employee of a child care facility as defined
18
19 by Section 402 of Title 10 of the Oklahoma Statutes;
19
20 54. 55. "Plan of safe care" means a plan developed for an
20
21 infant with Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum
21
22 Disorder upon release from the care of a health care provider that
22
23 addresses the health and substance use treatment needs of the infant
23
24 and mother or caregiver;
24
Req. No. 135 Page 21
1 55. 56. "Protective custody" means custody of a child taken by
1
2 a law enforcement officer or designated employee of the court
2
3 without a court order;
3
4 56. 57. "Putative father" means an alleged father as that term
4
5 is defined in Section 7700-102 of Title 10 of the Oklahoma Statutes;
5
6 57. 58. "Qualified residential treatment program" means a
6
7 program that:
7
8 a. has a trauma-informed treatment model that is designed
8
9 to address the needs including clinical needs as
9
10 appropriate, of children with serious emotional or
10
11 behavioral disorders or disturbances and, with respect
11
12 to a child, is able to implement the treatment
12
13 identified for the child from a required assessment,
13
14 b. has registered or licensed nursing staff and other
14
15 licensed clinical staff who:
15
16 (1) provide care within the scope of their practice
16
17 as defined by the laws of this state,
17
18 (2) are on-site according to the treatment model
18
19 referred to in subparagraph a of this paragraph,
19
20 and
20
21 (3) are available twenty-four (24) hours a day and
21
22 seven (7) days a week,
22
23
23
24
24
Req. No. 135 Page 22
1 c. to the extent appropriate, and in accordance with the
1
2 child's best interest, facilitates participation of
2
3 family members in the child's treatment program,
3
4 d. facilitates outreach to the family members of the
4
5 child including siblings, documents how the outreach
5
6 is made including contact information, and maintains
6
7 contact information for any known biological family of
7
8 the child,
8
9 e. documents how family members are integrated into the
9
10 treatment process for the child including post-
10
11 discharge, and how sibling connections are maintained,
11
12 f. provides discharge planning and family-based aftercare
12
13 support for at least six (6) months post-discharge,
13
14 and
14
15 g. is licensed and accredited by any of the following
15
16 independent, not-for-profit organizations:
16
17 (1) The the Commission on Accreditation of
17
18 Rehabilitation Facilities (CARF),
18
19 (2) The the Joint Commission on Accreditation of
19
20 Healthcare Organizations (JCAHO),
20
21 (3) The the Council on Accreditation (COA), or
21
22 (4) any other federally approved independent, not-
22
23 for-profit accrediting organization;
23
24
24
Req. No. 135 Page 23
1 58. 59. "Reasonable and prudent parent standard" means the
1
2 standard characterized by careful and sensible parental decisions
2
3 that maintain the health, safety, and best interests of a child
3
4 while at the same time encouraging the emotional and developmental
4
5 growth of the child. This standard shall be used by the child's
5
6 caregiver when determining whether to allow a child to participate
6
7 in extracurricular, enrichment, cultural, and social activities.
7
8 For purposes of this definition, the term "caregiver" means a foster
8
9 parent with whom a child in foster care has been placed, a
9
10 representative of a group home where a child has been placed, or a
10
11 designated official for a residential child care facility where a
11
12 child in foster care has been placed;
12
13 59. 60. "Relative" means a grandparent, great-grandparent,
13
14 brother or sister of whole or half blood, aunt, uncle, or any other
14
15 person related to the child;
15
16 60. 61. "Residential child care facility" means a twenty-four-
16
17 hour residential facility where children live together with or are
17
18 supervised by adults who are not their parents or relatives;
18
19 61. 62. "Review hearing" means a hearing by the court pursuant
19
20 to Section 1-4-807 of this title;
20
21 62. 63. "Risk" means the likelihood that an incident of child
21
22 abuse or neglect will occur in the future;
22
23 63. "Safety threat" means the threat of serious harm due to
23
24 child abuse or neglect occurring in the present or in the very near
24
Req. No. 135 Page 24
1 future and without the intervention of another person, a child would
1
2 likely or in all probability sustain severe or permanent disability
2
3 or injury, illness, or death;
3
4 64. "Safety analysis" means action taken by the Department in
4
5 response to a report of alleged child abuse or neglect that may
5
6 include an assessment or investigation based upon an analysis of the
6
7 information received according to priority guidelines and other
7
8 criteria adopted by the Department;
8
9 65. "Safety evaluation" means evaluation of a child's situation
9
10 by the Department using a structured, evidence-based tool to
10
11 determine if the child is subject to a safety threat related to the
11
12 child's physical, developmental, medical, mental, felt safety, or
12
13 educational needs;
13
14 66. "Safety threat" means the threat of serious harm due to
14
15 child abuse or neglect occurring in the present or in the very near
15
16 future and without the intervention of another person, a child would
16
17 likely or in all probability sustain severe or permanent disability
17
18 or injury, mental or physical illness, or death;
18
19 67. "Secure facility" means a facility which is designed and
19
20 operated to ensure that all entrances and exits from the facility
20
21 are subject to the exclusive control of the staff of the facility,
21
22 whether or not the juvenile being detained has freedom of movement
22
23 within the perimeter of the facility, or a facility which relies on
23
24
24
Req. No. 135 Page 25
1 locked rooms and buildings, fences, or physical restraint in order
1
2 to control behavior of its residents;
2
3 67. 68. "Sibling" means a biologically or legally related
3
4 brother or sister of a child. This includes including an individual
4
5 who satisfies at least one of the following conditions with respect
5
6 to a child:
6
7 a. the individual is considered by state law to be a
7
8 sibling of the child, or
8
9 b. the individual would have been considered a sibling
9
10 under state law but for a termination or other
10
11 disruption of parental rights, such as the death of a
11
12 parent;
12
13 68. 69. "Specialized foster care" means foster care provided to
13
14 a child in a foster home or agency-contracted home which:
14
15 a. has been certified by the Developmental Disabilities
15
16 Services Division of the Department of Human Services,
16
17 b. is monitored by the Division, and
17
18 c. is funded through the Home- Home and Community-Based
18
19 Waiver Services Program administered by the Division;
19
20 69. 70. "Successful adulthood program" means a program
20
21 specifically designed to assist a child to enhance those skills and
21
22 abilities necessary for successful adult living. A successful
22
23 adulthood program may include, but shall not be limited to, such
23
24 features as minimal direct staff supervision, and the provision of
24
Req. No. 135 Page 26
1 supportive services to assist children with activities necessary for
1
2 finding an appropriate place of residence, completing an education
2
3 or vocational training, obtaining employment, or obtaining other
3
4 similar services;
4
5 70. 71. "Temporary custody" means court-ordered custody of an
5
6 adjudicated deprived child;
6
7 71. 72. "Therapeutic foster family home" means a foster family
7
8 home which provides specific treatment services, pursuant to a
8
9 therapeutic foster care contract, which are designed to remedy
9
10 social and behavioral problems of a foster child residing in the
10
11 home;
11
12 72. 73. "Trafficking in persons" means sex trafficking or
12
13 severe forms of trafficking in persons as described in Section 7102
13
14 of Title 22 of the United States Code:
14
15 a. "sex trafficking" means the recruitment, harboring,
15
16 transportation, provision, obtaining, patronizing, or
16
17 soliciting of a person for the purpose of a commercial
17
18 sex act, and
18
19 b. "severe forms of trafficking in persons" means:
19
20 (1) sex trafficking in which a commercial sex act is
20
21 induced by force, fraud, or coercion, or in which
21
22 the person induced to perform such act has not
22
23 attained eighteen (18) years of age, or
23
24
24
Req. No. 135 Page 27
1 (2) the recruitment, harboring, transportation,
1
2 provision, obtaining, patronizing, or soliciting
2
3 of a person for labor or services, through the
3
4 use of force, fraud, or coercion for the purpose
4
5 of subjection to involuntary servitude, peonage,
5
6 debt bondage, or slavery;
6
7 73. 74. "Transitional living program" means a residential
7
8 program that may be attached to an existing facility or operated
8
9 solely for the purpose of assisting children to develop the skills
9
10 and abilities necessary for successful adult living. The program
10
11 may include, but shall not be limited to, reduced staff supervision,
11
12 vocational training, educational services, employment and employment
12
13 training, and other appropriate independent living skills training
13
14 as a part of the transitional living program; and
14
15 74. 75. "Voluntary foster care placement" means the temporary
15
16 placement of a child by the parent, legal guardian, or custodian of
16
17 the child in foster care pursuant to a signed placement agreement
17
18 between the Department or a child-placing agency and the child's
18
19 parent, legal guardian, or custodian.
19
20 SECTION 2. This act shall become effective November 1, 2025.
20
21
21
22 60-1-135 DC 1/19/2025 5:36:43 AM
22
23
23
24
24
Req. No. 135 Page 28Every fact on this page links to its source, starting with the official bill record.