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OKLAHOMA STATUTES AND CODES

Title 10. Children

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§10-1.Repealed by Laws 2006, c. 116, § 62, eff. Nov. 1, 2006. §10-1.1.Repealed by Laws 2006, c. 116, § 62, eff. Nov. 1, 2006. §10-1.2.Repealed by Laws 2006, c. 116, § 62, eff. Nov. 1, 2006. §10-2.Repealed by Laws 2006, c. 116, § 62, eff. Nov. 1, 2006. §10-3.Repealed by Laws 2006, c. 116, § 62, eff. Nov. 1, 2006. §10-4.Repealed by Laws 2009, c. 233, § 156, emerg. eff. May 21, 2009. §10-5.Renumbered as § 109.4 of Title 43 by Laws 2009, c. 233, § 197, emerg. eff. May 21, 2009.Editorially renumbered as § 109.5 of Title 43 to avoid duplication in numbering. §10-5.1.Repealed by Laws 2009, c. 233, § 157, emerg. eff. May 21, 2009. §10-5.2.Renumbered as § 109.6 of Title 43 by Laws 2009, c. 233, § 198, emerg. eff. May 21, 2009. §10-5A.Repealed by Laws 2009, c. 233, § 158, emerg. eff. May 21, 2009. §10-6.Repealed by Laws 2009, c. 233, § 159, emerg. eff. May 21, 2009. §106.5.Use of certain words in reference to children born out of wedlock prohibited. A.On and after the date upon which this act becomes operative, the designations "illegitimate" or "bastard" shall not be used to designate a child born out of wedlock. B.No person, firm, corporation, agency, organization, the State of Oklahoma nor any of its agencies, boards, commission officers or political subdivisions, nor any hospital, nor any institution supported by public funds, nor any employee of any of the above, shall use the term "illegitimate" or "bastard" in referring to or designating any child born on or after the operative date of this act. Laws 1974, c. 297, § 1, operative July 1, 1974.§10-7.Repealed by Laws 2009, c. 233, § 160, emerg. eff. May 21, 2009. §10-8.Repealed by Laws 2009, c. 233, § 161, emerg. eff. May 21, 2009. §10-9.Repealed by Laws 2009, c. 233, § 162, emerg. eff. May 21, 2009. §10-10.Repealed by Laws 2009, c. 233, § 163, emerg. eff. May 21, 2009. §10-11.Repealed by Laws 2009, c. 233, § 164, emerg. eff. May 21, 2009. §10-12.Repealed by Laws 2009, c. 233, § 165, emerg. eff. May 21, 2009. §10-13.Renumbered as § 209.2 of Title 43 by Laws 2009, c. 233, § 199, emerg. eff. May 21, 2009. §10-14.Repealed by Laws 2009, c. 233, § 166, emerg. eff. May 21, 2009. §10-15.Renumbered as § 112.4 of Title 43 by Laws 2009, c. 233, § 200, emerg. eff. May 21, 2009. §10-16.Repealed by Laws 2009, c. 233, § 167, emerg. eff. May 21, 2009. §10-17.Repealed by Laws 2009, c. 233, § 168, emerg. eff. May 21, 2009. §10-17.1.Renumbered as § 2025.1 of Title 12 by Laws 2009, c. 233, § 201, emerg. eff. May 21, 2009. §10-18.Repealed by Laws 2009, c. 233, § 169, emerg. eff. May 21, 2009. §10-19.Renumbered as § 112.2A of Title 43 by Laws 2009, c. 233, § 202, emerg. eff. May 21, 2009. §10-20.Renumbered as § 1.1 of Title 76 by Laws 2009, c. 233, § 203, emerg. eff. May 21, 2009. §10-21.Renumbered as § 109.1 of Title 43 by Laws 1990, c. 188, § 4, eff. Sept. 1, 1990.(Also renumbered as § 112.1 of Title 43 by Laws 1990, c. 171, § 3, said renumbering is superceded by Laws 1990, c. 188, § 4). §10-21.1.Renumbered as § 112.4 of Title 43 by Laws 2009, c. 233, § 204, emerg. eff. May 21, 2009.Editorially renumbered as § 112.5 of Title 43 to avoid duplication in numbering. §10-21.2.Repealed by Laws 2009, c. 233, § 170, emerg. eff. May 21, 2009. §10-21.3.Repealed by Laws 2009, c. 233, § 171, emerg. eff. May 21, 2009. §10-21.4.Repealed by Laws 2009, c. 233, § 172, emerg. eff. May 21, 2009. §10-21.5.Repealed by Laws 2009, c. 233, § 173, emerg. eff. May 21, 2009. §10-21.6.Repealed by Laws 2009, c. 233, § 174, emerg. eff. May 21, 2009. §10-21.10.Child assessment in voluntary out-of-home placement. A.Upon any voluntary out-of-home placement of a child by a parent into foster care with a child-placing agency, the child-placing agency shall conduct an assessment of the child in its custody which shall be designed to establish an appropriate plan for placement of the child.Following the assessment, the child-placing agency shall establish an individual treatment and service plan for the child.A copy of each plan shall be provided to the child if the child is twelve (12) years of age or older and to the child’s parent or guardian.The plan shall at a minimum: 1.Be specific; 2.Be in writing; 3.Be prepared by the agency in conference with the child’s parents; 4.State appropriate deadlines; 5.State specific goals for the treatment of the child; 6.Describe the conditions or circumstances causing the child to be placed in foster care; 7.Describe the services that are necessary to remedy and that have a reasonable expectation of remedying the conditions or circumstances causing the child to be placed in foster care; 8.State to whom the services will be delivered and who will deliver the services; and 9.Prescribe the time the services are expected to begin and the time within which expected results can reasonably be accomplished. B.The child shall receive a complete medical examination within thirty (30) days of placement in foster care. C.The child may receive such further diagnosis and evaluation as is necessary to preserve the physical and mental well-being of the child. D.Subsequent to initial placement, the child placed in foster placement shall have a medical examination, at periodic intervals, but not less than once each year. E.Prior to any proposed counseling, testing, or other treatment services, the court or child-placing agency shall first determine that the proposed services are necessary and appropriate. F.If the assessment and medical examination disclose no physical, mental, or emotional reasons for therapeutic foster care, a child voluntarily placed with a child-placing agency shall be placed in a regular foster family home.If therapeutic foster care is required, the child may be placed only in foster homes that are certified as therapeutic foster homes pursuant to the Oklahoma Child Care Facilities Licensing Act. Added by Laws 2009, c. 233, § 110, emerg. eff. May 21, 2009.§1022.Spouse of manager or superintendent of institution having orphans or deliquent children as employee. It shall be lawful for the spouse of any chief managing officer or superintendent of any institution in the State of Oklahoma, the inmates of which are orphans or delinquent boys and girls to be also employed at said institution and be carried on and paid through the payroll of said institution. Laws 1939, p. 115, § 1, Laws 1975, c. 303, § 1, emerg. eff. June 7, 1975.§10-22.1.Legislative findings and intent – Foster care by grandparents or other relative. A.The Oklahoma Legislature recognizes that: 1.Children who have been abused, who are dependent or neglected, or whose parents, for whatever reason, may be unable or unwilling to provide care for their children, are best served when they can be cared for by grandparents or other suitable relatives instead of placing those children in foster care with the State of Oklahoma; and 2.While grandparents or other relatives are often willing to provide for the care of children who can no longer remain with their parents, there may exist financial obstacles to the provision of such care, or there may be a need for other services to enable the children to remain with their grandparents or other relatives in order to prevent the entry of those children into the foster care system. B.It is the intent of the Oklahoma Legislature in enacting this section to: 1.Recognize family relationships in which a grandparent or other relative within the third degree of relationship to the child is the head of a household that includes a child otherwise at risk of foster care placement by the Department of Human Services; 2.Enhance family preservation and stability by recognizing that most children in placements with grandparents and other relatives within the third degree of relationship to the child do not need intensive supervision of the placement by the courts or by the Department; 3.Provide additional placement options and incentives that will achieve permanency and stability for many children who are otherwise at risk of foster care placement by the Department because of abuse, abandonment, or neglect, but who may successfully be able to reside in the care of relatives within the third degree of relationship to the child; and 4.Reserve the limited casework and supervisory resources of the Department and the courts expended to care for children in state custody for those cases in which children do not have the option for safe, stable care within their immediate family. C.The Department of Human Services shall establish and operate a relative support program pursuant to eligibility guidelines established in this section and by rules of the Department promulgated thereto which will divert children from the foster care program operated by the Department.The relative support program shall provide assistance to relatives within the third degree of relationship to a child who are caring for the child on a full-time basis, regardless of whether there is a court order granting custody of the child to the relative. D.Grandparents or other such relatives who qualify for and participate in the relative support program are not required to be certified as foster parents or to meet the foster care requirements but shall be capable of providing a physically safe environment and a stable, supportive home for the children under their care. E.Upon request by grandparents or other relatives who are caring for a child on a full-time basis, the Department shall complete a needs assessment on such grandparents or other relatives to determine the appropriate services and support needed by the child and the grandparents or other such relatives. F.Within available funding specified by this section, the relative support program may provide grandparents or other suitable relatives with: 1.Case management services; 2.Monthly stipends or other financial assistance, family support and preservation services; 3.Flexible funds to enable the grandparents or other relatives to meet unusual or crisis expenditures, including but not limited to, making housing deposits, utility deposits, or to purchase beds, clothing and food; 4.Subsidized child care and after school care; 5.Respite care; 6.Transportation; 7.Counseling; 8.Support groups; 9.Assistance in accessing parental child support payments; 10.Aid in accessing food stamps, Social Security and other public benefits; 11.Information about legal options for relative caregivers; 12.Assistance for establishing a relative guardianship or relative custodianship for the child; 13.Available volunteer attorney services; 14.Mediation/family group conferencing; and 15.Community-based services and state or federal programs available to the child and relatives to support the child's safety, growth and health development. G.Children living with grandparents or other relatives within the third degree of relationship to the child who are receiving assistance pursuant to this section shall be eligible for Medicaid coverage. H.Subject to availability of funding, and as may be permitted by federal law or regulations governing the Department of Human Services' block grant for Temporary Assistance for Needy Families (TANF), the Department is specifically authorized to provide funding assistance from such block grant or other available funds for the development and operation of the relative support program by providing available funds which are not otherwise committed to or necessary for the provision of the Statewide Temporary Assistance Responsibility System.In addition, the Department may use any other state, federal or private funds available to the Department for such purposes to implement the provisions of this section. I.1.In order to qualify for the receipt of any monthly stipend, the grandparent or other relative shall meet any eligibility criteria determined by the Department of Human Services. 2.Within limits of available funding, monthly stipends may be paid to grandparents or other relatives with the third degree of relationship to the child who have physical full-time custody of a child who would be unable to serve in that capacity without a monthly stipend because of inadequate financial resources, thus exposing the child to the trauma of potential placement in a shelter or in foster care placement by the Department of Human Services.The statewide average monthly rate for children in the legal custody of grandparents or other relatives who are not certified as foster homes shall not exceed the cost of providing foster care. J.Additional assistance may be made available to qualified grandparents or other relatives within the third degree of relationship and children, based upon specific needs of the grandparent or other relative of the child and the specific needs of the child.Such assistance shall also be subject to available funding. K.The relative support program established by the Department pursuant to this section may receive referrals from district courts of this state, from social service or child advocate agencies, from any other agency of this state, or other states or federal programs.In addition, the relative support program may be accessed directly by the grandparents or other relatives of the affected children by application made to the Department of Human Services. L.The Department of Human Services may provide any services necessary to effectuate the purposes of this section by contract with any person or with any public or private entity. M.The provisions of this section shall also be available to a legal guardian of a child who is within the fifth degree of relation to the child. N.The Department of Human Services shall, pursuant to the provisions of the Administrative Procedures Act, promulgate any rules necessary to implement the provisions of this section. O.As a part of the relative support program, the Department shall develop, publish, and distribute an informational brochure for grandparents and other relatives who provide full-time care for children.The information provided under the program authorized by this section may include, but is not limited to, the following: 1.The benefits available to children and grandparents or other relatives pursuant to this section providing full-time care; 2.The procedures to access the relative support program; 3.A list of support groups and resources located throughout the state; 4.Such other information deemed necessary by the Department; and 5.The brochure may be distributed through municipal and district courts, hospitals, public health nurses, child protective services, medical professional offices, county health departments, elementary and secondary schools, senior citizens centers, public libraries, local, city, county and state offices and community action agencies selected by the Department. P.The Department of Human Services shall submit a report of the outcomes associated with the relative support program established pursuant to this section to the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the State Senate on or before January 15, 2002. Added by Laws 2000, c. 385, § 4, eff. Nov. 1, 2000.Amended by Laws 2009, c. 233, § 3, emerg. eff. May 21, 2009.§10-22.2.Investing in Stronger Oklahoma Families Act – Purpose – Comprehensive strategic plan – Information database – Family resource assistance – Partnerships – Brochure. A.This section shall be known and may be cited as the “Investing in Stronger Oklahoma Families Act”. B.It is the intent of the Oklahoma Legislature in enacting the Investing in Stronger Oklahoma Families Act to provide assistance to guardians of children, adoptive parents and other “created families”, to assist such guardians, adoptive parents and families to assume permanent custody of children in need of safe and permanent homes, and to enhance family preservation and the stability of these homes. C.For purposes of implementing the Investing in Stronger Oklahoma Families Act, the Department of Human Services shall collaborate with appropriate local, state and federal agencies and private entities to develop by December 31, 2001, a comprehensive strategic state plan for investing in stronger families. D.The comprehensive strategic state plan shall: 1.Set a goal to annually increase the number of programs for “created families” which will increase safe and permanent homes for children who are not in the custody of the Department but unable to reside with their biological parents and encourage and preserve the adoption or guardianship of and other legal custody arrangements for such children; 2.Develop and implement a statewide public awareness campaign which will inform preadoptive homes, adoptive homes and other persons desiring to obtain guardianship or other legal custody of a child, of the programs, grants and other assistance available to them; 3.Identify public and private resources, both within the agencies subject to the provisions of this section and within the state and within the communities; 4.Provide for coordination and collaboration among related efforts and programs; 5.Provide for contracts or agreements with public and private entities for utilization of identifiable financial resources from federal, state, local and private resources and coordinate those resources to fund-related services; and 6.Apply for grants and matching monies to assist in the implementation of the Investing in Stronger Oklahoma Families Act including, but not limited to, funds derived from the “Respect Life - Support Adoption” license plates. E.As part of the development and implementation of the comprehensive strategic plan, the Department shall, as funds are available and using existing available state resources, develop an information database consisting of data on existing programs serving families who have taken on the responsibility of providing children with safe and permanent homes.In developing the information database, the Department shall coordinate with the Children's Coordinated Data System developed by the Oklahoma Commission on Children and Youth. F.The Legislature hereby encourages the establishment of family resource assistance that links federal, state and local resources and programs and that creates collaborative and interorganizational partnerships between state governmental agencies and private and nonprofit entities and attorneys.Such agencies and private and nonprofit entities shall include, but not be limited to: 1.The Department of Human Services; 2.The State Department of Education; 3.The Oklahoma Department of Career and Technology Education; 4.The Oklahoma Department of Commerce; 5.The Oklahoma Employment Security Commission; 6.The Oklahoma Health Care Authority; 7.The State Department of Health; 8.The Oklahoma Commission on Children and Youth; 9.The State Department of Mental Health and Substance Abuse Services; 10.The Department of Corrections; 11.The Oklahoma State Regents for Higher Education; 12.Community action agencies; 13.Local and municipal groups; 14.Substate planning groups; 15.Religious and charitable organizations; 16.Private child placement entities; 17.Public or private foundations; and 18.Representatives of the courts and attorneys who practice in adoption. G.The Department shall enter into collaborative and interorganizational partnerships as necessary to provide assistance to guardians, adoptive parents and other “created families”. H.Within available funding specified by this section, the Department may provide created families with: 1.Case management services; 2.Flexible funds to enable the relatives, guardians, adoptive parents and other created families to meet unusual or crisis expenditures, including but not limited to, making housing deposits, utility deposits, or purchasing beds, clothing and food; 3.Child care and after school care; 4.Respite care; 5.Transportation; 6.Counseling; 7.Support groups; 8.Assistance in accessing parental child support payments; 9.Aid in accessing food stamps, Social Security and other public benefits; 10.Assistance for establishing a guardianship, adopting or obtaining custody of the child; 11.Available volunteer attorney services; 12.Mediation/family group conferencing; and 13.Community-based services and state or federal programs serving guardians of children, adoptive families and other created families. I.The Department of Human Services may provide any services necessary to effectuate the purposes of this section by contract with any person or with any public or private entity. J.The Department shall, pursuant to the provisions of the Administrative Procedures Act, promulgate any rules necessary to implement the provisions of this section. K.For purposes of the Investing in Stronger Oklahoma Families Act, the Department shall, from funds available, develop, publish, and distribute an informational brochure for guardians, adoptive parents and other created families who provide full-time care for children.The information provided under the program authorized by this section may include, but is not limited to, the following: 1.The benefits that may be available to children and created families pursuant to this section providing full-time care; 2.The procedures to access the created families program; 3.A list of support groups and resources located throughout the state; and 4.Such other information deemed necessary by the Department. Added by Laws 2001, c. 434, § 1, emerg. eff. June 8, 2001.Amended by Laws 2009, c. 233, § 4, emerg. eff. May 21, 2009.§10-23.Repealed by Laws 2009, c. 233, § 175, emerg. eff. May 21, 2009. §10-24.Appointment of counsel - Responsibilities of Oklahoma Indigent Defense System - Compensation. A.1.When it appears to the court that a minor or the parent or legal guardian of the minor desires counsel but is indigent and cannot for that reason employ counsel, the court shall appoint counsel. 2.In any case in which it appears to the court that there is a conflict of interest between a parent or legal guardian and a child so that one attorney could not properly represent both, the court may appoint counsel, in addition to counsel already employed by a parent or guardian or appointed by the court to represent the minor or parent or legal guardian; provided, that in all counties having county indigent defenders, the county indigent defenders assume the duties of representation in proceedings such as above. 3.In no case shall the court appoint counsel to represent a grandparent or other relative of a minor, unless the grandparent or other relative is the duly appointed legal guardian of the minor or the court finds: a.that the grandparent or other relative is functioning as the guardian or relative custodian of the minor pursuant to the Oklahoma Children’s Code, or b.that the appointment of counsel for the grandparent or other relative is in the best interests of the child. 4.The provisions of this subsection shall be for proceedings other than those provided pursuant to the Oklahoma Children’s Code. B.In all cases of juvenile delinquency proceedings and appeals, adult certification proceedings and appeals, reverse certification proceedings and appeals, youthful offender proceedings and appeals and any other proceedings and appeals pursuant to the Oklahoma Juvenile Code, except mental health proceedings and appeals and in-need-of-supervision proceedings and appeals, other than in counties where the county indigent defenders are appointed, the court shall, where counsel is appointed and assigned, allow and direct to be paid by the Oklahoma Indigent Defense System, a reasonable and just compensation to the attorney or attorneys for such services as they may render.In all other cases pursuant to this title and in juvenile mental health proceedings and appeals and in-need-of-supervision proceedings and appeals, except in counties where county indigent defenders are appointed, the court shall, if counsel is appointed and assigned, allow and direct to be paid from the local court fund, a reasonable and just compensation to the attorney or attorneys for such services as they may render; provided that any attorney appointed pursuant to this subsection shall not be paid a sum in excess of One Hundred Dollars ($100.00) for services rendered in preliminary proceedings, and such compensation shall not exceed Five Hundred Dollars ($500.00) for services rendered during trial and not to exceed One Hundred Dollars ($100.00) for services rendered at each subsequent postdisposition hearing. Added by Laws 1968, c. 163, § 1, emerg. eff. April 11, 1968.Amended by Laws 1989, c. 363, § 1, eff. Nov. 1, 1989; Laws 1994, c. 340, § 1; Laws 1996, c. 301, § 1, eff. July 1, 1996; Laws 1998, c. 342, § 1, emerg. eff. June 3, 1998; Laws 2000, c. 385, § 5, eff. Nov. 1, 2000; Laws 2009, c. 233, § 5, emerg. eff. May 21, 2009. NOTE:A former § 24 of this title, created by Laws 1941, p. 19, § 2, was repealed by Laws 1961, p. 15, § 1, emerg. eff. July 21, 1961.§10-24.1.Appointment of volunteer attorneys for indigent children not entitled to representation by Indigent Defense System. Effective July 1, 1996, the duties and responsibilities for legal representation to indigent children who are subject to any proceeding or appeal provided for in the Oklahoma Children's Code, mental health proceeding and appeal, guardianship proceeding and appeal, private termination of parental rights proceeding and appeal, family law proceeding and appeal addressing custody or visitation and appeal, civil case in which the child is a defendant, criminal proceeding for a crime in which the child was a victim, and in-need-of-supervision proceeding shall no longer be provided by the Indigent Defense System, but shall be provided by volunteer attorneys appointed by the court pursuant to subsection K of Section 1355.8 of Title 22 of the Oklahoma Statutes. Added by Laws 1996, c. 301, § 2, eff. July 1, 1996.Amended by Laws 2009, c. 233, § 6, emerg. eff. May 21, 2009.§10-25.Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998. §10-26.Renumbered as § 7202.1 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998. §1027.Renumbered as § 7202.2 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998. §10-28.Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998. §10-29.Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998. §10-29.1.Repealed by Laws 1997, c. 366, § 60, eff. Nov. 1, 1997.NOTE:In addition to repeal by Laws 1997, c. 366, § 60, this section was amended by Laws 1997, c. 386, § 16, to read as follows: A.Whenever the mother of a child born out of wedlock who has custody of the child executes a relinquishment for the purpose of adoption pursuant to the provisions of Section 28 of this title, the person or agency to whom such relinquishment is made shall file a petition with the district court of the county in which the relinquishment was executed for the termination of the parental rights of the persons entitled to notice pursuant to subsection B of this section unless such rights have been previously terminated or relinquished. B.Persons entitled to notice, pursuant to this section, shall include: 1.Any person adjudicated by a court in this state to be the father of the child; 2.Any person who is recorded on the child's birth certificate as the child's father; 3.Any person who is openly living with the child and the child's mother at the time the proceeding is initiated or at the time the child was placed in the care of an authorized agency, and who is holding himself out to be the child's father; 4.Any person who has been identified as the child's father by the mother in a sworn statement; 5.Any person who was married to the child's mother within ten (10) months prior or subsequent to the birth of the child; and 6.Any person who has filed with the paternity registry an instrument acknowledging paternity of the child, pursuant to Section55.1 of this title. C.The court, as necessary, shall order the Department to provide the person or agency filing the petition with the name and address of any person on the registry established pursuant to Section55.1 of this title who must be notified pursuant to the provisions of this section. D.Notice and hearing pursuant to this section shall comply with the provisions of Section 7006-1.2 of this title.The notice shall also apprise such person of his legal rights and shall include a clear statement that failure to appear at the hearing shall constitute a denial of interest in the child which denial may result, without further notice of this proceeding or any subsequent proceeding, in the termination of his parental rights and the transfer of the child's care, custody or guardianship or in the child's adoption. E.A person may waive their right to notice under this section.The waiver, signed by such person, shall include a statement affirming that the person signing the waiver understands that the waiver shall constitute grounds for the termination of the parental rights of such person pursuant to the provisions of this section and Section 60.6 of this title. F.1.At the hearing the court may, if it is in the best interest of the child: a.accept a relinquishment or consent to adoption executed by the father or putative father of the child, or b.determine that the consent of the father or putative father to the adoption of the child is not required and may terminate any parental rights which the father or putative father may have, or c.terminate the parental rights of the father or putative father, pursuant to the provisions of this section or Section 7006-1.1 of this title, or d.grant custody of the child to the father or putative father, if the court determines the person to be the father of the child. 2.The court shall terminate the rights of a father or putative father if he fails to appear at the hearing or has waived notice under this section. G.No order of the court shall be vacated, annulled, or reversed upon the application of any person who was properly served with notice in accordance with this section but failed to appear or who waived notice pursuant to subsection E of this section. H.An appeal may be taken from any final order, judgment, or decree rendered pursuant to this section to the Supreme Court by any person aggrieved thereby, in the manner provided for appeals from the court as provided in this subsection. 1.All appeals of cases concerning the relinquishment of a child or the termination of parental rights pursuant to this section shall be initiated by filing a petition in error in the Supreme Court within thirty (30) days of the filing of the order, judgment, or decree appealed from.The record on appeal shall be completed within thirty (30) days from the filing of the petition in error.Any response to the petition in error shall be filed within twenty (20) days from the filing of the petition in error. 2.The briefing schedule is established as follows: a.appellant's brief in chief shall be filed twenty (20) days after the trial court clerk notifies all parties that the record is complete and such notice has been filed in the office of the Clerk of the Supreme Court, b.appellee's answer brief shall be filed fifteen (15) days after the appellant's brief in chief is filed, and c.appellant's reply brief may be filed within ten (10) days after the appellee's answer brief is filed. I.Any appeal when docketed shall have priority over all cases pending on said docket.Adjudication of the appeals and in any other proceedings concerning the relinquishment of the child or the termination of parental rights pursuant to this section shall be expedited by the Supreme Court.§10-30.Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998. §10-31.Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998. §1032.Renumbered as § 7202.4 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998. §10-33.Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998. §10-34.Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998. §10-35.Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998. §10-37.Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998. §1038.Renumbered as § 7202.3 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998. §1040.Short title. Sections 1 through 10 of this act shall be known and may be cited as the "Oklahoma Indian Child Welfare Act". Added by Laws 1982, c. 107, § 1, emerg. eff. April 6, 1982.§1040.1.PurposePolicy of state. The purpose of the Oklahoma Indian Child Welfare Act is the clarification of state policies and procedures regarding the implementation by the State of Oklahoma of the federal Indian Child Welfare Act, P.L. 95608.It shall be the policy of the state to recognize that Indian tribes and nations have a valid governmental interest in Indian children regardless of whether or not said children are in the physical or legal custody of an Indian parent or Indian custodian at the time state proceedings are initiated.It shall be the policy of the state to cooperate fully with Indian tribes in Oklahoma in order to ensure that the intent and provisions of the federal Indian Child Welfare Act are enforced. Added by Laws 1982, c. 107, § 2, emerg. eff. April 6, 1982.Amended by Laws 1994, c. 30, § 1, eff. Sept 1, 1994.§1040.2.Definitions. For the purposes of the Oklahoma Indian Child Welfare Act: 1."Indian" means a person who is a member of an Indian tribe;2."Indian child" means any unmarried or unemancipated person who is under the age of eighteen (18) and is either: a.a member of an Indian tribe, or b.is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe; 3."Indian custodian" means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody and control has been transferred by the parent of such child; and 4."Indian tribe" means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians. Added by Laws 1982, c. 107, § 3, emerg. eff. April 6, 1982.§1040.3.Application of actExemptionsDetermination of Indian status. A.The Oklahoma Indian Child Welfare Act, in accordance with the federal Indian Child Welfare Act, applies to all child custody proceedings involving any Indian child except the following: 1.A child custody proceeding arising from a divorce proceeding; or 2.A child custody proceeding arising from an adjudication of delinquency, unless there has been a request for termination of parental rights. B.Except as provided for in subsection A of this section, the Oklahoma Indian Child Welfare Act applies to all state voluntary and involuntary child custody court proceedings involving Indian children, regardless of whether or not the children involved are in the physical or legal custody of an Indian parent or Indian custodian at the time state proceedings are initiated. C.The court shall seek a determination of the Indian status of the child in accordance with the preceding standard in the following circumstances: 1.The court has been informed by an interested party, an officer of the court, a tribe, an Indian organization or a public or private agency that the child is Indian; or 2.The child who is the subject of the proceeding gives the court reason to believe he is an Indian child; or 3.The court has reason to believe the residence or domicile of the child is a predominantly Indian community. D.The court shall seek verification of the Indian status of the child from the Indian tribe or the Bureau of Indian Affairs.A determination of membership by an Indian tribe shall be conclusive.A determination of membership by the Bureau of Indian Affairs shall be conclusive in the absence of a contrary determination by the Indian tribe. E.The determination of the Indian status of a child shall be made as soon as practicable in order to ensure compliance with the notice requirements of Section 40.4 of this title. Added by Laws 1982, c. 107, § 4, emerg. eff. April 6, 1982.Amended by Laws 1994, c. 30, § 2, eff. Sept 1, 1994.§1040.4.Indian child custody proceedingsNotice. In all Indian child custody proceedings of the Oklahoma Indian Child Welfare Act, including voluntary court proceedings and review hearings, the court shall ensure that the district attorney or other person initiating the proceeding shall send notice to the parents or to the Indian custodians, if any, and to the tribe that is or may be the tribe of the Indian child, and to the appropriate Bureau of Indian Affairs area office, by certified mail return receipt requested.The notice shall be written in clear and understandable language and include the following information: 1.The name and tribal affiliation of the Indian child; 2.A copy of the petition by which the proceeding was initiated; 3.A statement of the rights of the biological parents or Indian custodians, and the Indian tribe: a.to intervene in the proceeding, b.to petition the court to transfer the proceeding to the tribal court of the Indian child, and c.to request an additional twenty (20) days from receipt of notice to prepare for the proceeding; further extensions of time may be granted with court approval; 4.A statement of the potential legal consequences of an adjudication on the future custodial rights of the parents or Indian custodians; 5.A statement that if the parents or Indian custodians are unable to afford counsel, counsel will be appointed to represent them; and 6.A statement that tribal officials should keep confidential the information contained in the notice. Added by Laws 1982, c. 107, § 5, emerg. eff. April 6, 1982.Amended by Laws 1994, c. 30, § 3, eff. Sept 1, 1994; Laws 2006, c. 136, § 2, eff. Nov. 1, 2006.§1040.5.Emergency removal of Indian child from parent or custodianOrder. A.When a court order authorizes the emergency removal of an Indian child from the parent or Indian custodian of such child in accordance with 25 U.S.C. Section 1922, the order shall be accompanied by an affidavit containing the following information: 1.The names, tribal affiliations, and addresses of the Indian child, the parents of the Indian child and Indian custodians, if any; 2.A specific and detailed account of the circumstances that lead the agency responsible for the removal of the child to take that action; and 3.A statement of the specific actions that have been taken to assist the parents or Indian custodians so that the child may safely be returned to their custody. B.No preadjudicatory custody order shall remain in force or in effect for more than thirty (30) days without a determination by the court, supported by clear and convincing evidence and the testimony of at least one qualified expert witness, that custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. However, the court may, for good and sufficient cause shown, extend the effective period of such order for an additional period of sixty (60) days. Added by Laws 1982, c. 107, § 6, emerg. eff. April 6, 1982.§1040.6.Placement preference. The placement preferences specified in 25 U.S.C. Section 1915, shall apply to all preadjudicatory placements, as well as preadoptive, adoptive and foster care placements.In all placements of an Indian child by the Oklahoma Department of Human Services (DHS), or by any person or other placement agency, DHS, the person or placement agency shall utilize to the maximum extent possible the services of the Indian tribe of the child in securing placement consistent with the provisions of the Oklahoma Indian Child Welfare Act.This requirement shall include cases where a consenting parent evidences a desire for anonymity in the consent document executed pursuant to Section 60.5 of this title.If a request for anonymity is included in a parental consent document, the court shall give weight to such desire in applying the preferences only after notice is given to the child's tribe and the tribe is afforded twenty (20) days to intervene and request a hearing on available tribal placement resources which may protect parental confidentiality, provided that notice of such hearing shall be given to the consenting parent. Added by Laws 1982, c. 107, § 7, emerg. eff. April 6, 1982.Amended by Laws 1994, c. 30, § 4, eff. Sept 1, 1994.§1040.7.Agreements with Indian tribes for care and custody of Indian children. The Director of the Department of Human Services and the Executive Director of the Office of Juvenile Affairs are authorized to enter into agreements with Indian tribes in Oklahoma regarding care and custody of Indian children as authorized by the Federal Indian Child Welfare Act, 25 U.S.C. Section 1919. Added by Laws 1982, c. 107, § 8, emerg. eff. April 6, 1982.Amended by Laws 1997, c. 293, § 1, eff. July 1, 1997.§1040.8.Payment of foster care expenses under certain circumstances. A.In the event the Department of Human Services has legal custody of an Indian child, and that child is placed with a tribally licensed or approved foster home, the state shall pay the costs of foster care in the same manner and to the same extent the state pays the costs of foster care to statelicensed or stateapproved foster homes, provided that the tribe shall have entered into an agreement with the state pursuant to Section 8 herein, which shall require tribal cooperation with state plans required by federal funding laws. B.The state shall pay the costs of foster care of a child placed with a tribally licensed or approved foster home where the placement is made by a tribe having jurisdiction of the proceeding, provided that the tribe shall have entered into an agreement with the state pursuant to Section 8 herein, which shall require tribal cooperation with state plans required by federal funding laws. Added by Laws 1982, c. 107, § 9, emerg. eff. April 6, 1982.§1040.9.Records. The Department of Human Services shall establish a single location where all records of every involuntary foster care, preadoptive placement and adoptive placement by the courts of any Indian child in the custody of the Department of Human Services or under Department of Human Services supervision will be available within seven (7) days of a request by the tribe of the Indian child or by the Secretary of Interior.The records shall include, but not be limited to, all reports of the state caseworker, including a summary of the efforts to rehabilitate the parents of the Indian child, a list of the names and addresses of families and tribally approved homes contacted regarding placement, and a statement of reason for the final placement decision. Added by Laws 1982, c. 107, § 10, emerg. eff. April 6, 1982.§10-55.Repealed by Laws 1994, c. 356, § 36, eff. Sept. 1, 1994. §10-55.1.Renumbered as § 7506-1.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. §10-57.Repealed by Laws 1996, c. 297, § 29, emerg. eff. June 10, 1996. §10-58.Renumbered as § 60.18b of this title by Laws 1996, c. 297, § 28, emerg. eff. June 10, 1996. §10-60.Renumbered as § 7501-1.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. §10-60.1.Renumbered as § 7501-1.3 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. §10-60.2.Repealed by Laws 1997, c. 366, § 60, eff. Nov. 1, 1997. §10-60.3.Renumbered as § 7503-1.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. §10-60.4.Renumbered as § 7502-1.2 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. §10-60.5.Renumbered as § 7503-2.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. §10-60.5A.Repealed by Laws 1996, c. 297, § 29, emerg. eff. June 10, 1996. §10-60.5B.Renumbered as § 7504-1.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. §10-60.5C.Renumbered as § 7504-1.2 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. §10-60.6.Renumbered as § 7505-4.2 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. §10-60.7.Repealed by Laws 1997, c. 366, § 60, eff. Nov. 1, 1997. NOTE:A former § 60.7 of this title, added by Laws 1957, p. 23, § 7 and last amended by Laws 1972, c. 196, § 1 was repealed by Laws 1973, c. 69, § 2, emerg. eff. April 27, 1973.NOTE:In addition to repeal by Laws 1997, c. 366, § 60, this section was amended by Laws 1997, c. 386, § 18, to read as follows: A.Prior to a court hearing on a petition for adoption without the consent of a parent or parents, as provided for in Section 60.6 of this title, the consenting parent, legal guardian, or person having legal custody of the child to be adopted shall file an application stating the reason that the consent of the other parent or parents is not necessary.The application shall be heard by the court and an order entered thereon in which said child is determined to be eligible for adoption pursuant to the provisions of Section 60.6 of this title. B.Prior to a hearing on the application, notice shall be given the parent whose consent is alleged to be unnecessary.The notice of the application shall contain the name of each child for whom application for adoption is made, the date for hearing on the application, and the reason that said child is eligible for adoption without the consent of said parent.Notice shall be served upon said parent in the same manner as a summons is served in civil cases, not less than ten (10) days prior to the hearing.If said parent resides outside of the county, said notice shall be served upon said parent in the same manner as a summons is served in civil cases, not less than fifteen (15) days prior to the hearing.If the location of said parent is not known and this fact is attested to by affidavit of the consenting parent, legal guardian, or person having legal custody of the child, notice by publication shall be given by publishing notice one time in a newspaper qualified as a legal newspaper, pursuant to the laws relating to service of notice by publication, in the county where the petition for adoption is filed.The publication shall not be less than fifteen (15) days prior to the date of the hearing. C.The provisions of this section shall not be construed to require notice to a parent whose parental rights have been previously terminated pursuant to Section 7006-1.1, 7006-1.2 or 29.1 of this title.§10-60.7a.Renumbered as § 7505-1.3 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. §10-60.9.Repealed by Laws 1997, c. 366, § 60, eff. Nov. 1, 1997. §10-60.10.Renumbered as § 7503-2.7 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. §10-60.11.Repealed by Laws 1997, c. 366, § 60, eff. Nov. 1, 1997. §10-60.12.Renumbered as § 7505-3.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. §10-60.13.Renumbered as § 7505-5.4 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. §10-60.14.Renumbered
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  • §10-1. Repealed by Laws 2006, c. 116, § 62, eff. Nov. 1, 2006. 

    §10-1.1. Repealed by Laws 2006, c. 116, § 62, eff. Nov. 1, 2006. 

    §10-1.2. Repealed by Laws 2006, c. 116, § 62, eff. Nov. 1, 2006. 

    §10-2. Repealed by Laws 2006, c. 116, § 62, eff. Nov. 1, 2006. 

    §10-3. Repealed by Laws 2006, c. 116, § 62, eff. Nov. 1, 2006. 

    §10-4. Repealed by Laws 2009, c. 233, § 156, emerg. eff. May 21, 2009. 

    §10-5. Renumbered as § 109.4 of Title 43 by Laws 2009, c. 233, § 197, emerg. eff. May 21, 2009. Editorially renumbered as § 109.5 of Title 43 to avoid duplication in numbering. 

    §10-5.1. Repealed by Laws 2009, c. 233, § 157, emerg. eff. May 21, 2009. 

    §10-5.2. Renumbered as § 109.6 of Title 43 by Laws 2009, c. 233, § 198, emerg. eff. May 21, 2009. 

    §10-5A. Repealed by Laws 2009, c. 233, § 158, emerg. eff. May 21, 2009. 

    §10-6. Repealed by Laws 2009, c. 233, § 159, emerg. eff. May 21, 2009. 

    §106.5. Use of certain words in reference to children born out of wedlock prohibited. 

    A. On and after the date upon which this act becomes operative, the designations "illegitimate" or "bastard" shall not be used to designate a child born out of wedlock. 

    B. No person, firm, corporation, agency, organization, the State of Oklahoma nor any of its agencies, boards, commission officers or political subdivisions, nor any hospital, nor any institution supported by public funds, nor any employee of any of the above, shall use the term "illegitimate" or "bastard" in referring to or designating any child born on or after the operative date of this act. 

    Laws 1974, c. 297, § 1, operative July 1, 1974.  

    §10-7. Repealed by Laws 2009, c. 233, § 160, emerg. eff. May 21, 2009. 

    §10-8. Repealed by Laws 2009, c. 233, § 161, emerg. eff. May 21, 2009. 

    §10-9. Repealed by Laws 2009, c. 233, § 162, emerg. eff. May 21, 2009. 

    §10-10. Repealed by Laws 2009, c. 233, § 163, emerg. eff. May 21, 2009. 

    §10-11. Repealed by Laws 2009, c. 233, § 164, emerg. eff. May 21, 2009. 

    §10-12. Repealed by Laws 2009, c. 233, § 165, emerg. eff. May 21, 2009. 

    §10-13. Renumbered as § 209.2 of Title 43 by Laws 2009, c. 233, § 199, emerg. eff. May 21, 2009. 

    §10-14. Repealed by Laws 2009, c. 233, § 166, emerg. eff. May 21, 2009. 

    §10-15. Renumbered as § 112.4 of Title 43 by Laws 2009, c. 233, § 200, emerg. eff. May 21, 2009. 

    §10-16. Repealed by Laws 2009, c. 233, § 167, emerg. eff. May 21, 2009. 

    §10-17. Repealed by Laws 2009, c. 233, § 168, emerg. eff. May 21, 2009. 

    §10-17.1. Renumbered as § 2025.1 of Title 12 by Laws 2009, c. 233, § 201, emerg. eff. May 21, 2009. 

    §10-18. Repealed by Laws 2009, c. 233, § 169, emerg. eff. May 21, 2009. 

    §10-19. Renumbered as § 112.2A of Title 43 by Laws 2009, c. 233, § 202, emerg. eff. May 21, 2009. 

    §10-20. Renumbered as § 1.1 of Title 76 by Laws 2009, c. 233, § 203, emerg. eff. May 21, 2009. 

    §10-21. Renumbered as § 109.1 of Title 43 by Laws 1990, c. 188, § 4, eff. Sept. 1, 1990. (Also renumbered as § 112.1 of Title 43 by Laws 1990, c. 171, § 3, said renumbering is superceded by Laws 1990, c. 188, § 4). 

    §10-21.1. Renumbered as § 112.4 of Title 43 by Laws 2009, c. 233, § 204, emerg. eff. May 21, 2009. Editorially renumbered as § 112.5 of Title 43 to avoid duplication in numbering. 

    §10-21.2. Repealed by Laws 2009, c. 233, § 170, emerg. eff. May 21, 2009. 

    §10-21.3. Repealed by Laws 2009, c. 233, § 171, emerg. eff. May 21, 2009. 

    §10-21.4. Repealed by Laws 2009, c. 233, § 172, emerg. eff. May 21, 2009. 

    §10-21.5. Repealed by Laws 2009, c. 233, § 173, emerg. eff. May 21, 2009. 

    §10-21.6. Repealed by Laws 2009, c. 233, § 174, emerg. eff. May 21, 2009. 

    §10-21.10. Child assessment in voluntary out-of-home placement. 

    A. Upon any voluntary out-of-home placement of a child by a parent into foster care with a child-placing agency, the child-placing agency shall conduct an assessment of the child in its custody which shall be designed to establish an appropriate plan for placement of the child. Following the assessment, the child-placing agency shall establish an individual treatment and service plan for the child. A copy of each plan shall be provided to the child if the child is twelve (12) years of age or older and to the child’s parent or guardian. The plan shall at a minimum: 

    1. Be specific; 

    2. Be in writing; 

    3. Be prepared by the agency in conference with the child’s parents; 

    4. State appropriate deadlines; 

    5. State specific goals for the treatment of the child; 

    6. Describe the conditions or circumstances causing the child to be placed in foster care; 

    7. Describe the services that are necessary to remedy and that have a reasonable expectation of remedying the conditions or circumstances causing the child to be placed in foster care; 

    8. State to whom the services will be delivered and who will deliver the services; and 

    9. Prescribe the time the services are expected to begin and the time within which expected results can reasonably be accomplished. 

    B. The child shall receive a complete medical examination within thirty (30) days of placement in foster care. 

    C. The child may receive such further diagnosis and evaluation as is necessary to preserve the physical and mental well-being of the child. 

    D. Subsequent to initial placement, the child placed in foster placement shall have a medical examination, at periodic intervals, but not less than once each year. 

    E. Prior to any proposed counseling, testing, or other treatment services, the court or child-placing agency shall first determine that the proposed services are necessary and appropriate. 

    F. If the assessment and medical examination disclose no physical, mental, or emotional reasons for therapeutic foster care, a child voluntarily placed with a child-placing agency shall be placed in a regular foster family home. If therapeutic foster care is required, the child may be placed only in foster homes that are certified as therapeutic foster homes pursuant to the Oklahoma Child Care Facilities Licensing Act. 

    Added by Laws 2009, c. 233, § 110, emerg. eff. May 21, 2009. 

     

    §1022. Spouse of manager or superintendent of institution having orphans or deliquent children as employee. 

    It shall be lawful for the spouse of any chief managing officer or superintendent of any institution in the State of Oklahoma, the inmates of which are orphans or delinquent boys and girls to be also employed at said institution and be carried on and paid through the payroll of said institution. 

    Laws 1939, p. 115, § 1, Laws 1975, c. 303, § 1, emerg. eff. June 7, 1975.  

    §10-22.1. Legislative findings and intent – Foster care by grandparents or other relative. 

    A. The Oklahoma Legislature recognizes that: 

    1. Children who have been abused, who are dependent or neglected, or whose parents, for whatever reason, may be unable or unwilling to provide care for their children, are best served when they can be cared for by grandparents or other suitable relatives instead of placing those children in foster care with the State of Oklahoma; and 

    2. While grandparents or other relatives are often willing to provide for the care of children who can no longer remain with their parents, there may exist financial obstacles to the provision of such care, or there may be a need for other services to enable the children to remain with their grandparents or other relatives in order to prevent the entry of those children into the foster care system. 

    B. It is the intent of the Oklahoma Legislature in enacting this section to: 

    1. Recognize family relationships in which a grandparent or other relative within the third degree of relationship to the child is the head of a household that includes a child otherwise at risk of foster care placement by the Department of Human Services; 

    2. Enhance family preservation and stability by recognizing that most children in placements with grandparents and other relatives within the third degree of relationship to the child do not need intensive supervision of the placement by the courts or by the Department; 

    3. Provide additional placement options and incentives that will achieve permanency and stability for many children who are otherwise at risk of foster care placement by the Department because of abuse, abandonment, or neglect, but who may successfully be able to reside in the care of relatives within the third degree of relationship to the child; and 

    4. Reserve the limited casework and supervisory resources of the Department and the courts expended to care for children in state custody for those cases in which children do not have the option for safe, stable care within their immediate family. 

    C. The Department of Human Services shall establish and operate a relative support program pursuant to eligibility guidelines established in this section and by rules of the Department promulgated thereto which will divert children from the foster care program operated by the Department. The relative support program shall provide assistance to relatives within the third degree of relationship to a child who are caring for the child on a full-time basis, regardless of whether there is a court order granting custody of the child to the relative. 

    D. Grandparents or other such relatives who qualify for and participate in the relative support program are not required to be certified as foster parents or to meet the foster care requirements but shall be capable of providing a physically safe environment and a stable, supportive home for the children under their care. 

    E. Upon request by grandparents or other relatives who are caring for a child on a full-time basis, the Department shall complete a needs assessment on such grandparents or other relatives to determine the appropriate services and support needed by the child and the grandparents or other such relatives. 

    F. Within available funding specified by this section, the relative support program may provide grandparents or other suitable relatives with: 

    1. Case management services; 

    2. Monthly stipends or other financial assistance, family support and preservation services; 

    3. Flexible funds to enable the grandparents or other relatives to meet unusual or crisis expenditures, including but not limited to, making housing deposits, utility deposits, or to purchase beds, clothing and food; 

    4. Subsidized child care and after school care; 

    5. Respite care; 

    6. Transportation; 

    7. Counseling; 

    8. Support groups; 

    9. Assistance in accessing parental child support payments; 

    10. Aid in accessing food stamps, Social Security and other public benefits; 

    11. Information about legal options for relative caregivers; 

    12. Assistance for establishing a relative guardianship or relative custodianship for the child; 

    13. Available volunteer attorney services; 

    14. Mediation/family group conferencing; and 

    15. Community-based services and state or federal programs available to the child and relatives to support the child's safety, growth and health development. 

    G. Children living with grandparents or other relatives within the third degree of relationship to the child who are receiving assistance pursuant to this section shall be eligible for Medicaid coverage. 

    H. Subject to availability of funding, and as may be permitted by federal law or regulations governing the Department of Human Services' block grant for Temporary Assistance for Needy Families (TANF), the Department is specifically authorized to provide funding assistance from such block grant or other available funds for the development and operation of the relative support program by providing available funds which are not otherwise committed to or necessary for the provision of the Statewide Temporary Assistance Responsibility System. In addition, the Department may use any other state, federal or private funds available to the Department for such purposes to implement the provisions of this section. 

    I. 1. In order to qualify for the receipt of any monthly stipend, the grandparent or other relative shall meet any eligibility criteria determined by the Department of Human Services. 

    2. Within limits of available funding, monthly stipends may be paid to grandparents or other relatives with the third degree of relationship to the child who have physical full-time custody of a child who would be unable to serve in that capacity without a monthly stipend because of inadequate financial resources, thus exposing the child to the trauma of potential placement in a shelter or in foster care placement by the Department of Human Services. The statewide average monthly rate for children in the legal custody of grandparents or other relatives who are not certified as foster homes shall not exceed the cost of providing foster care. 

    J. Additional assistance may be made available to qualified grandparents or other relatives within the third degree of relationship and children, based upon specific needs of the grandparent or other relative of the child and the specific needs of the child. Such assistance shall also be subject to available funding. 

    K. The relative support program established by the Department pursuant to this section may receive referrals from district courts of this state, from social service or child advocate agencies, from any other agency of this state, or other states or federal programs. In addition, the relative support program may be accessed directly by the grandparents or other relatives of the affected children by application made to the Department of Human Services. 

    L. The Department of Human Services may provide any services necessary to effectuate the purposes of this section by contract with any person or with any public or private entity. 

    M. The provisions of this section shall also be available to a legal guardian of a child who is within the fifth degree of relation to the child. 

    N. The Department of Human Services shall, pursuant to the provisions of the Administrative Procedures Act, promulgate any rules necessary to implement the provisions of this section. 

    O. As a part of the relative support program, the Department shall develop, publish, and distribute an informational brochure for grandparents and other relatives who provide full-time care for children. The information provided under the program authorized by this section may include, but is not limited to, the following: 

    1. The benefits available to children and grandparents or other relatives pursuant to this section providing full-time care; 

    2. The procedures to access the relative support program; 

    3. A list of support groups and resources located throughout the state; 

    4. Such other information deemed necessary by the Department; and 

    5. The brochure may be distributed through municipal and district courts, hospitals, public health nurses, child protective services, medical professional offices, county health departments, elementary and secondary schools, senior citizens centers, public libraries, local, city, county and state offices and community action agencies selected by the Department. 

    P. The Department of Human Services shall submit a report of the outcomes associated with the relative support program established pursuant to this section to the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the State Senate on or before January 15, 2002. 

    Added by Laws 2000, c. 385, § 4, eff. Nov. 1, 2000. Amended by Laws 2009, c. 233, § 3, emerg. eff. May 21, 2009. 

     

    §10-22.2. Investing in Stronger Oklahoma Families Act – Purpose – Comprehensive strategic plan – Information database – Family resource assistance – Partnerships – Brochure. 

    A. This section shall be known and may be cited as the “Investing in Stronger Oklahoma Families Act”. 

    B. It is the intent of the Oklahoma Legislature in enacting the Investing in Stronger Oklahoma Families Act to provide assistance to guardians of children, adoptive parents and other “created families”, to assist such guardians, adoptive parents and families to assume permanent custody of children in need of safe and permanent homes, and to enhance family preservation and the stability of these homes. 

    C. For purposes of implementing the Investing in Stronger Oklahoma Families Act, the Department of Human Services shall collaborate with appropriate local, state and federal agencies and private entities to develop by December 31, 2001, a comprehensive strategic state plan for investing in stronger families. 

    D. The comprehensive strategic state plan shall: 

    1. Set a goal to annually increase the number of programs for “created families” which will increase safe and permanent homes for children who are not in the custody of the Department but unable to reside with their biological parents and encourage and preserve the adoption or guardianship of and other legal custody arrangements for such children; 

    2. Develop and implement a statewide public awareness campaign which will inform preadoptive homes, adoptive homes and other persons desiring to obtain guardianship or other legal custody of a child, of the programs, grants and other assistance available to them; 

    3. Identify public and private resources, both within the agencies subject to the provisions of this section and within the state and within the communities; 

    4. Provide for coordination and collaboration among related efforts and programs; 

    5. Provide for contracts or agreements with public and private entities for utilization of identifiable financial resources from federal, state, local and private resources and coordinate those resources to fund-related services; and 

    6. Apply for grants and matching monies to assist in the implementation of the Investing in Stronger Oklahoma Families Act including, but not limited to, funds derived from the “Respect Life - Support Adoption” license plates. 

    E. As part of the development and implementation of the comprehensive strategic plan, the Department shall, as funds are available and using existing available state resources, develop an information database consisting of data on existing programs serving families who have taken on the responsibility of providing children with safe and permanent homes. In developing the information database, the Department shall coordinate with the Children's Coordinated Data System developed by the Oklahoma Commission on Children and Youth. 

    F. The Legislature hereby encourages the establishment of family resource assistance that links federal, state and local resources and programs and that creates collaborative and interorganizational partnerships between state governmental agencies and private and nonprofit entities and attorneys. Such agencies and private and nonprofit entities shall include, but not be limited to: 

    1. The Department of Human Services; 

    2. The State Department of Education; 

    3. The Oklahoma Department of Career and Technology Education; 

    4. The Oklahoma Department of Commerce; 

    5. The Oklahoma Employment Security Commission; 

    6. The Oklahoma Health Care Authority; 

    7. The State Department of Health; 

    8. The Oklahoma Commission on Children and Youth; 

    9. The State Department of Mental Health and Substance Abuse Services; 

    10. The Department of Corrections; 

    11. The Oklahoma State Regents for Higher Education; 

    12. Community action agencies; 

    13. Local and municipal groups; 

    14. Substate planning groups; 

    15. Religious and charitable organizations; 

    16. Private child placement entities; 

    17. Public or private foundations; and 

    18. Representatives of the courts and attorneys who practice in adoption. 

    G. The Department shall enter into collaborative and interorganizational partnerships as necessary to provide assistance to guardians, adoptive parents and other “created families”. 

    H. Within available funding specified by this section, the Department may provide created families with: 

    1. Case management services; 

    2. Flexible funds to enable the relatives, guardians, adoptive parents and other created families to meet unusual or crisis expenditures, including but not limited to, making housing deposits, utility deposits, or purchasing beds, clothing and food; 

    3. Child care and after school care; 

    4. Respite care; 

    5. Transportation; 

    6. Counseling; 

    7. Support groups; 

    8. Assistance in accessing parental child support payments; 

    9. Aid in accessing food stamps, Social Security and other public benefits; 

    10. Assistance for establishing a guardianship, adopting or obtaining custody of the child; 

    11. Available volunteer attorney services; 

    12. Mediation/family group conferencing; and 

    13. Community-based services and state or federal programs serving guardians of children, adoptive families and other created families. 

    I. The Department of Human Services may provide any services necessary to effectuate the purposes of this section by contract with any person or with any public or private entity. 

    J. The Department shall, pursuant to the provisions of the Administrative Procedures Act, promulgate any rules necessary to implement the provisions of this section. 

    K. For purposes of the Investing in Stronger Oklahoma Families Act, the Department shall, from funds available, develop, publish, and distribute an informational brochure for guardians, adoptive parents and other created families who provide full-time care for children. The information provided under the program authorized by this section may include, but is not limited to, the following: 

    1. The benefits that may be available to children and created families pursuant to this section providing full-time care; 

    2. The procedures to access the created families program; 

    3. A list of support groups and resources located throughout the state; and 

    4. Such other information deemed necessary by the Department. 

    Added by Laws 2001, c. 434, § 1, emerg. eff. June 8, 2001. Amended by Laws 2009, c. 233, § 4, emerg. eff. May 21, 2009. 

     

    §10-23. Repealed by Laws 2009, c. 233, § 175, emerg. eff. May 21, 2009. 

    §10-24. Appointment of counsel - Responsibilities of Oklahoma Indigent Defense System - Compensation. 

    A. 1. When it appears to the court that a minor or the parent or legal guardian of the minor desires counsel but is indigent and cannot for that reason employ counsel, the court shall appoint counsel. 

    2. In any case in which it appears to the court that there is a conflict of interest between a parent or legal guardian and a child so that one attorney could not properly represent both, the court may appoint counsel, in addition to counsel already employed by a parent or guardian or appointed by the court to represent the minor or parent or legal guardian; provided, that in all counties having county indigent defenders, the county indigent defenders assume the duties of representation in proceedings such as above. 

    3. In no case shall the court appoint counsel to represent a grandparent or other relative of a minor, unless the grandparent or other relative is the duly appointed legal guardian of the minor or the court finds: 

    a.  that the grandparent or other relative is functioning as the guardian or relative custodian of the minor pursuant to the Oklahoma Children’s Code, or 

    b.  that the appointment of counsel for the grandparent or other relative is in the best interests of the child. 

    4. The provisions of this subsection shall be for proceedings other than those provided pursuant to the Oklahoma Children’s Code. 

    B. In all cases of juvenile delinquency proceedings and appeals, adult certification proceedings and appeals, reverse certification proceedings and appeals, youthful offender proceedings and appeals and any other proceedings and appeals pursuant to the Oklahoma Juvenile Code, except mental health proceedings and appeals and in-need-of-supervision proceedings and appeals, other than in counties where the county indigent defenders are appointed, the court shall, where counsel is appointed and assigned, allow and direct to be paid by the Oklahoma Indigent Defense System, a reasonable and just compensation to the attorney or attorneys for such services as they may render. In all other cases pursuant to this title and in juvenile mental health proceedings and appeals and in-need-of-supervision proceedings and appeals, except in counties where county indigent defenders are appointed, the court shall, if counsel is appointed and assigned, allow and direct to be paid from the local court fund, a reasonable and just compensation to the attorney or attorneys for such services as they may render; provided that any attorney appointed pursuant to this subsection shall not be paid a sum in excess of One Hundred Dollars ($100.00) for services rendered in preliminary proceedings, and such compensation shall not exceed Five Hundred Dollars ($500.00) for services rendered during trial and not to exceed One Hundred Dollars ($100.00) for services rendered at each subsequent postdisposition hearing. 

    Added by Laws 1968, c. 163, § 1, emerg. eff. April 11, 1968. Amended by Laws 1989, c. 363, § 1, eff. Nov. 1, 1989; Laws 1994, c. 340, § 1; Laws 1996, c. 301, § 1, eff. July 1, 1996; Laws 1998, c. 342, § 1, emerg. eff. June 3, 1998; Laws 2000, c. 385, § 5, eff. Nov. 1, 2000; Laws 2009, c. 233, § 5, emerg. eff. May 21, 2009. 

    NOTE: A former § 24 of this title, created by Laws 1941, p. 19, § 2, was repealed by Laws 1961, p. 15, § 1, emerg. eff. July 21, 1961. 

     

    §10-24.1. Appointment of volunteer attorneys for indigent children not entitled to representation by Indigent Defense System. 

    Effective July 1, 1996, the duties and responsibilities for legal representation to indigent children who are subject to any proceeding or appeal provided for in the Oklahoma Children's Code, mental health proceeding and appeal, guardianship proceeding and appeal, private termination of parental rights proceeding and appeal, family law proceeding and appeal addressing custody or visitation and appeal, civil case in which the child is a defendant, criminal proceeding for a crime in which the child was a victim, and in-need-of-supervision proceeding shall no longer be provided by the Indigent Defense System, but shall be provided by volunteer attorneys appointed by the court pursuant to subsection K of Section 1355.8 of Title 22 of the Oklahoma Statutes. 

    Added by Laws 1996, c. 301, § 2, eff. July 1, 1996. Amended by Laws 2009, c. 233, § 6, emerg. eff. May 21, 2009. 

     

    §10-25. Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998. 

    §10-26. Renumbered as § 7202.1 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998. 

    §1027. Renumbered as § 7202.2 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998. 

    §10-28. Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998. 

    §10-29. Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998. 

    §10-29.1. Repealed by Laws 1997, c. 366, § 60, eff. Nov. 1, 1997. 

     

    NOTE: In addition to repeal by Laws 1997, c. 366, § 60, this section was amended by Laws 1997, c. 386, § 16, to read as follows: 

    A. Whenever the mother of a child born out of wedlock who has custody of the child executes a relinquishment for the purpose of adoption pursuant to the provisions of Section 28 of this title, the person or agency to whom such relinquishment is made shall file a petition with the district court of the county in which the relinquishment was executed for the termination of the parental rights of the persons entitled to notice pursuant to subsection B of this section unless such rights have been previously terminated or relinquished. 

    B. Persons entitled to notice, pursuant to this section, shall include: 

    1. Any person adjudicated by a court in this state to be the father of the child; 

    2. Any person who is recorded on the child's birth certificate as the child's father; 

    3. Any person who is openly living with the child and the child's mother at the time the proceeding is initiated or at the time the child was placed in the care of an authorized agency, and who is holding himself out to be the child's father; 

    4. Any person who has been identified as the child's father by the mother in a sworn statement; 

    5. Any person who was married to the child's mother within ten (10) months prior or subsequent to the birth of the child; and 

    6. Any person who has filed with the paternity registry an instrument acknowledging paternity of the child, pursuant to Section 55.1 of this title. 

    C. The court, as necessary, shall order the Department to provide the person or agency filing the petition with the name and address of any person on the registry established pursuant to Section 55.1 of this title who must be notified pursuant to the provisions of this section. 

    D. Notice and hearing pursuant to this section shall comply with the provisions of Section 7006-1.2 of this title. The notice shall also apprise such person of his legal rights and shall include a clear statement that failure to appear at the hearing shall constitute a denial of interest in the child which denial may result, without further notice of this proceeding or any subsequent proceeding, in the termination of his parental rights and the transfer of the child's care, custody or guardianship or in the child's adoption. 

    E. A person may waive their right to notice under this section. The waiver, signed by such person, shall include a statement affirming that the person signing the waiver understands that the waiver shall constitute grounds for the termination of the parental rights of such person pursuant to the provisions of this section and Section 60.6 of this title. 

    F. 1. At the hearing the court may, if it is in the best interest of the child: 

    a.  accept a relinquishment or consent to adoption executed by the father or putative father of the child, or 

    b.  determine that the consent of the father or putative father to the adoption of the child is not required and may terminate any parental rights which the father or putative father may have, or 

    c.  terminate the parental rights of the father or putative father, pursuant to the provisions of this section or Section 7006-1.1 of this title, or 

    d.  grant custody of the child to the father or putative father, if the court determines the person to be the father of the child. 

    2. The court shall terminate the rights of a father or putative father if he fails to appear at the hearing or has waived notice under this section. 

    G. No order of the court shall be vacated, annulled, or reversed upon the application of any person who was properly served with notice in accordance with this section but failed to appear or who waived notice pursuant to subsection E of this section. 

    H. An appeal may be taken from any final order, judgment, or decree rendered pursuant to this section to the Supreme Court by any person aggrieved thereby, in the manner provided for appeals from the court as provided in this subsection. 

    1. All appeals of cases concerning the relinquishment of a child or the termination of parental rights pursuant to this section shall be initiated by filing a petition in error in the Supreme Court within thirty (30) days of the filing of the order, judgment, or decree appealed from. The record on appeal shall be completed within thirty (30) days from the filing of the petition in error. Any response to the petition in error shall be filed within twenty (20) days from the filing of the petition in error. 

    2. The briefing schedule is established as follows: 

    a.  appellant's brief in chief shall be filed twenty (20) days after the trial court clerk notifies all parties that the record is complete and such notice has been filed in the office of the Clerk of the Supreme Court, 

    b.  appellee's answer brief shall be filed fifteen (15) days after the appellant's brief in chief is filed, and 

    c.  appellant's reply brief may be filed within ten (10) days after the appellee's answer brief is filed. 

    I. Any appeal when docketed shall have priority over all cases pending on said docket. Adjudication of the appeals and in any other proceedings concerning the relinquishment of the child or the termination of parental rights pursuant to this section shall be expedited by the Supreme Court. 

     

    §10-30. Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998. 

    §10-31. Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998. 

    §1032. Renumbered as § 7202.4 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998. 

    §10-33. Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998. 

    §10-34. Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998. 

    §10-35. Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998. 

    §10-37. Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998. 

    §1038. Renumbered as § 7202.3 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998. 

    §1040. Short title. 

    Sections 1 through 10 of this act shall be known and may be cited as the "Oklahoma Indian Child Welfare Act". 

    Added by Laws 1982, c. 107, § 1, emerg. eff. April 6, 1982.  

    §1040.1. Purpose Policy of state. 

    The purpose of the Oklahoma Indian Child Welfare Act is the clarification of state policies and procedures regarding the implementation by the State of Oklahoma of the federal Indian Child Welfare Act, P.L. 95608. It shall be the policy of the state to recognize that Indian tribes and nations have a valid governmental interest in Indian children regardless of whether or not said children are in the physical or legal custody of an Indian parent or Indian custodian at the time state proceedings are initiated. It shall be the policy of the state to cooperate fully with Indian tribes in Oklahoma in order to ensure that the intent and provisions of the federal Indian Child Welfare Act are enforced. 

    Added by Laws 1982, c. 107, § 2, emerg. eff. April 6, 1982. Amended by Laws 1994, c. 30, § 1, eff. Sept 1, 1994. 

     

    §1040.2. Definitions. 

    For the purposes of the Oklahoma Indian Child Welfare Act: 

    1. "Indian" means a person who is a member of an Indian tribe;  2. "Indian child" means any unmarried or unemancipated person who is under the age of eighteen (18) and is either: 

    a.  a member of an Indian tribe, or 

    b.  is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe; 

    3. "Indian custodian" means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody and control has been transferred by the parent of such child; and 

    4. "Indian tribe" means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians. 

    Added by Laws 1982, c. 107, § 3, emerg. eff. April 6, 1982.  

    §1040.3. Application of act Exemptions Determination of Indian status. 

    A. The Oklahoma Indian Child Welfare Act, in accordance with the federal Indian Child Welfare Act, applies to all child custody proceedings involving any Indian child except the following: 

    1. A child custody proceeding arising from a divorce proceeding; or 

    2. A child custody proceeding arising from an adjudication of delinquency, unless there has been a request for termination of parental rights. 

    B. Except as provided for in subsection A of this section, the Oklahoma Indian Child Welfare Act applies to all state voluntary and involuntary child custody court proceedings involving Indian children, regardless of whether or not the children involved are in the physical or legal custody of an Indian parent or Indian custodian at the time state proceedings are initiated. 

    C. The court shall seek a determination of the Indian status of the child in accordance with the preceding standard in the following circumstances: 

    1. The court has been informed by an interested party, an officer of the court, a tribe, an Indian organization or a public or private agency that the child is Indian; or 

    2. The child who is the subject of the proceeding gives the court reason to believe he is an Indian child; or 

    3. The court has reason to believe the residence or domicile of the child is a predominantly Indian community. 

    D. The court shall seek verification of the Indian status of the child from the Indian tribe or the Bureau of Indian Affairs. A determination of membership by an Indian tribe shall be conclusive. A determination of membership by the Bureau of Indian Affairs shall be conclusive in the absence of a contrary determination by the Indian tribe. 

    E. The determination of the Indian status of a child shall be made as soon as practicable in order to ensure compliance with the notice requirements of Section 40.4 of this title. 

    Added by Laws 1982, c. 107, § 4, emerg. eff. April 6, 1982. Amended by Laws 1994, c. 30, § 2, eff. Sept 1, 1994. 

     

    §1040.4. Indian child custody proceedings Notice. 

    In all Indian child custody proceedings of the Oklahoma Indian Child Welfare Act, including voluntary court proceedings and review hearings, the court shall ensure that the district attorney or other person initiating the proceeding shall send notice to the parents or to the Indian custodians, if any, and to the tribe that is or may be the tribe of the Indian child, and to the appropriate Bureau of Indian Affairs area office, by certified mail return receipt requested. The notice shall be written in clear and understandable language and include the following information: 

    1. The name and tribal affiliation of the Indian child; 

    2. A copy of the petition by which the proceeding was initiated; 

    3. A statement of the rights of the biological parents or Indian custodians, and the Indian tribe: 

    a.  to intervene in the proceeding, 

    b.  to petition the court to transfer the proceeding to the tribal court of the Indian child, and 

    c.  to request an additional twenty (20) days from receipt of notice to prepare for the proceeding; further extensions of time may be granted with court approval; 

    4. A statement of the potential legal consequences of an adjudication on the future custodial rights of the parents or Indian custodians; 

    5. A statement that if the parents or Indian custodians are unable to afford counsel, counsel will be appointed to represent them; and 

    6. A statement that tribal officials should keep confidential the information contained in the notice. 

    Added by Laws 1982, c. 107, § 5, emerg. eff. April 6, 1982. Amended by Laws 1994, c. 30, § 3, eff. Sept 1, 1994; Laws 2006, c. 136, § 2, eff. Nov. 1, 2006. 

     

    §1040.5. Emergency removal of Indian child from parent or custodian Order. 

    A. When a court order authorizes the emergency removal of an Indian child from the parent or Indian custodian of such child in accordance with 25 U.S.C. Section 1922, the order shall be accompanied by an affidavit containing the following information: 

    1. The names, tribal affiliations, and addresses of the Indian child, the parents of the Indian child and Indian custodians, if any; 

    2. A specific and detailed account of the circumstances that lead the agency responsible for the removal of the child to take that action; and 

    3. A statement of the specific actions that have been taken to assist the parents or Indian custodians so that the child may safely be returned to their custody. 

    B. No preadjudicatory custody order shall remain in force or in effect for more than thirty (30) days without a determination by the court, supported by clear and convincing evidence and the testimony of at least one qualified expert witness, that custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. However, the court may, for good and sufficient cause shown, extend the effective period of such order for an additional period of sixty (60) days. 

    Added by Laws 1982, c. 107, § 6, emerg. eff. April 6, 1982.  

    §1040.6. Placement preference. 

    The placement preferences specified in 25 U.S.C. Section 1915, shall apply to all preadjudicatory placements, as well as preadoptive, adoptive and foster care placements. In all placements of an Indian child by the Oklahoma Department of Human Services (DHS), or by any person or other placement agency, DHS, the person or placement agency shall utilize to the maximum extent possible the services of the Indian tribe of the child in securing placement consistent with the provisions of the Oklahoma Indian Child Welfare Act. This requirement shall include cases where a consenting parent evidences a desire for anonymity in the consent document executed pursuant to Section 60.5 of this title. If a request for anonymity is included in a parental consent document, the court shall give weight to such desire in applying the preferences only after notice is given to the child's tribe and the tribe is afforded twenty (20) days to intervene and request a hearing on available tribal placement resources which may protect parental confidentiality, provided that notice of such hearing shall be given to the consenting parent. 

    Added by Laws 1982, c. 107, § 7, emerg. eff. April 6, 1982. Amended by Laws 1994, c. 30, § 4, eff. Sept 1, 1994. 

     

    §1040.7. Agreements with Indian tribes for care and custody of Indian children. 

    The Director of the Department of Human Services and the Executive Director of the Office of Juvenile Affairs are authorized to enter into agreements with Indian tribes in Oklahoma regarding care and custody of Indian children as authorized by the Federal Indian Child Welfare Act, 25 U.S.C. Section 1919. 

    Added by Laws 1982, c. 107, § 8, emerg. eff. April 6, 1982. Amended by Laws 1997, c. 293, § 1, eff. July 1, 1997. 

     

    §1040.8. Payment of foster care expenses under certain circumstances. 

    A. In the event the Department of Human Services has legal custody of an Indian child, and that child is placed with a tribally licensed or approved foster home, the state shall pay the costs of foster care in the same manner and to the same extent the state pays the costs of foster care to statelicensed or stateapproved foster homes, provided that the tribe shall have entered into an agreement with the state pursuant to Section 8 herein, which shall require tribal cooperation with state plans required by federal funding laws. 

    B. The state shall pay the costs of foster care of a child placed with a tribally licensed or approved foster home where the placement is made by a tribe having jurisdiction of the proceeding, provided that the tribe shall have entered into an agreement with the state pursuant to Section 8 herein, which shall require tribal cooperation with state plans required by federal funding laws. 

    Added by Laws 1982, c. 107, § 9, emerg. eff. April 6, 1982.  

    §1040.9. Records. 

    The Department of Human Services shall establish a single location where all records of every involuntary foster care, preadoptive placement and adoptive placement by the courts of any Indian child in the custody of the Department of Human Services or under Department of Human Services supervision will be available within seven (7) days of a request by the tribe of the Indian child or by the Secretary of Interior. The records shall include, but not be limited to, all reports of the state caseworker, including a summary of the efforts to rehabilitate the parents of the Indian child, a list of the names and addresses of families and tribally approved homes contacted regarding placement, and a statement of reason for the final placement decision. 

    Added by Laws 1982, c. 107, § 10, emerg. eff. April 6, 1982.  

    §10-55. Repealed by Laws 1994, c. 356, § 36, eff. Sept. 1, 1994. 

    §10-55.1. Renumbered as § 7506-1.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. 

    §10-57. Repealed by Laws 1996, c. 297, § 29, emerg. eff. June 10, 1996. 

    §10-58. Renumbered as § 60.18b of this title by Laws 1996, c. 297, § 28, emerg. eff. June 10, 1996. 

    §10-60. Renumbered as § 7501-1.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. 

    §10-60.1. Renumbered as § 7501-1.3 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. 

    §10-60.2. Repealed by Laws 1997, c. 366, § 60, eff. Nov. 1, 1997. 

    §10-60.3. Renumbered as § 7503-1.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. 

    §10-60.4. Renumbered as § 7502-1.2 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. 

    §10-60.5. Renumbered as § 7503-2.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. 

    §10-60.5A. Repealed by Laws 1996, c. 297, § 29, emerg. eff. June 10, 1996. 

    §10-60.5B. Renumbered as § 7504-1.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. 

    §10-60.5C. Renumbered as § 7504-1.2 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. 

    §10-60.6. Renumbered as § 7505-4.2 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. 

    §10-60.7. Repealed by Laws 1997, c. 366, § 60, eff. Nov. 1, 1997. 

    NOTE: A former § 60.7 of this title, added by Laws 1957, p. 23, § 7 and last amended by Laws 1972, c. 196, § 1 was repealed by Laws 1973, c. 69, § 2, emerg. eff. April 27, 1973. 

     

    NOTE: In addition to repeal by Laws 1997, c. 366, § 60, this section was amended by Laws 1997, c. 386, § 18, to read as follows: 

    A. Prior to a court hearing on a petition for adoption without the consent of a parent or parents, as provided for in Section 60.6 of this title, the consenting parent, legal guardian, or person having legal custody of the child to be adopted shall file an application stating the reason that the consent of the other parent or parents is not necessary. The application shall be heard by the court and an order entered thereon in which said child is determined to be eligible for adoption pursuant to the provisions of Section 60.6 of this title. 

    B. Prior to a hearing on the application, notice shall be given the parent whose consent is alleged to be unnecessary. The notice of the application shall contain the name of each child for whom application for adoption is made, the date for hearing on the application, and the reason that said child is eligible for adoption without the consent of said parent. Notice shall be served upon said parent in the same manner as a summons is served in civil cases, not less than ten (10) days prior to the hearing. If said parent resides outside of the county, said notice shall be served upon said parent in the same manner as a summons is served in civil cases, not less than fifteen (15) days prior to the hearing. If the location of said parent is not known and this fact is attested to by affidavit of the consenting parent, legal guardian, or person having legal custody of the child, notice by publication shall be given by publishing notice one time in a newspaper qualified as a legal newspaper, pursuant to the laws relating to service of notice by publication, in the county where the petition for adoption is filed. The publication shall not be less than fifteen (15) days prior to the date of the hearing. 

    C. The provisions of this section shall not be construed to require notice to a parent whose parental rights have been previously terminated pursuant to Section 7006-1.1, 7006-1.2 or 29.1 of this title. 

     

    §10-60.7a. Renumbered as § 7505-1.3 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. 

    §10-60.9. Repealed by Laws 1997, c. 366, § 60, eff. Nov. 1, 1997. 

    §10-60.10. Renumbered as § 7503-2.7 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. 

    §10-60.11. Repealed by Laws 1997, c. 366, § 60, eff. Nov. 1, 1997. 

    §10-60.12. Renumbered as § 7505-3.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. 

    §10-60.13. Renumbered as § 7505-5.4 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. 

    §10-60.14. Renumbered

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