Okla. Stat. tit. 10A, § 10A-1-1-105v2

When used in the Oklahoma Children’s Code, unless the context

otherwise requires:

1. “Abandonment” means:

a. the willful intent by words, actions, or omissions not

to return for a child,

b. the failure to maintain a significant parental

relationship with a child through visitation or

communication in which incidental or token visits or

communication are not considered significant, or

c. the failure to respond to notice of deprived

proceedings;

2. “Abuse” means harm or threatened harm to the health, safety,

or welfare of a child by a person responsible for the child’s

health, safety, or welfare, including, but not limited to,

nonaccidental physical or mental injury, sexual abuse, or sexual

exploitation. Provided, however, that nothing contained in the

Oklahoma Children’s Code shall prohibit any parent from using

ordinary force as a means of discipline including, but not limited

to, spanking, switching, or paddling.

a. “Harm or threatened harm to the health, safety, or

welfare of a child” means any real or threatened

physical, mental, or emotional injury or damage to the

body or mind that is not accidental including, but not

limited to, sexual abuse, sexual exploitation,

neglect, or dependency.

b. “Sexual abuse” includes but is not limited to rape,

incest, and lewd or indecent acts or proposals made to

a child, as defined by law, by a person responsible

for the health, safety, or welfare of the child.

c. “Sexual exploitation” includes but is not limited to

allowing, permitting, encouraging, or forcing a child

to engage in prostitution, as defined by law, by any

person eighteen (18) years of age or older or by a

person responsible for the health, safety, or welfare

of a child, or allowing, permitting, encouraging, or

engaging in the lewd, obscene, or pornographic, as

defined by law, photographing, filming, or depicting

of a child in those acts by a person responsible for

the health, safety, and welfare of the child;

3. “Adjudication” means a finding by the court that the

allegations in a petition alleging that a child is deprived are

supported by a preponderance of the evidence;

4. “Adjudicatory hearing” means a hearing by the court as

provided by Section 1-4-601 of this title;

5. “Age-appropriate or developmentally appropriate” means:

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a. activities or items that are generally accepted as

suitable for children of the same age or level of

maturity or that are determined to be developmentally

appropriate for a child, based on the development of

cognitive, emotional, physical, and behavioral

capacities that are typical for an age or age group,

and

b. in the case of a specific child, activities or items

that are suitable for that child based on the

developmental stages attained by the child with

respect to the cognitive, emotional, physical, and

behavioral capacities of the specific child.

In the event that any age-related activities have implications

relative to the academic curriculum of a child, nothing in this

paragraph shall be construed to authorize an officer or employee of

the federal government to mandate, direct, or control a state or

local educational agency, or the specific instructional content,

academic achievement standards and assessments, curriculum, or

program of instruction of a school;

6. “Assessment” means a comprehensive review of child safety

and evaluation of family functioning and protective capacities that

is conducted in response to a child abuse or neglect referral that

does not allege a serious and immediate safety threat to a child;

7. “Behavioral health” means mental health, substance abuse, or

co-occurring mental health and substance abuse diagnoses, and the

continuum of mental health, substance abuse, or co-occurring mental

health and substance abuse treatment;

8. “Child” means any unmarried person under eighteen (18) years

of age;
glect referral that

does not allege a serious and immediate safety threat to a child;

7. “Behavioral health” means mental health, substance abuse, or

co-occurring mental health and substance abuse diagnoses, and the

continuum of mental health, substance abuse, or co-occurring mental

health and substance abuse treatment;

8. “Child” means any unmarried person under eighteen (18) years

of age;

9. “Child advocacy center” means a center and the

multidisciplinary child abuse team of which it is a member that is

accredited by the National Children’s Alliance or that is completing

a sixth year of reaccreditation. Child advocacy centers shall be

classified, based on the child population of a district attorney’s

district, as follows:

a. nonurban centers in districts with child populations

that are less than sixty thousand (60,000), and

b. mid-level nonurban centers in districts with child

populations equal to or greater than sixty thousand

(60,000), but not including Oklahoma and Tulsa

Counties;

10. “Child with a disability” means any child who has a

physical or mental impairment which substantially limits one or more

of the major life activities of the child, or who is regarded as

having such an impairment by a competent medical professional;

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11. “Child-placing agency” means an agency that arranges for or

places a child in a foster family home, family-style living program,

group home, adoptive home, or a successful adulthood program;

12. “Children’s emergency resource center” means a community-

based program that may provide emergency care and a safe and

structured homelike environment or a host home for children

providing food, clothing, shelter and hygiene products to each child

served; after-school tutoring; counseling services; life-skills

training; transition services; assessments; family reunification;

respite care; transportation to or from school, doctors’

appointments, visitations and other social, school, court or other

activities when necessary; and a stable environment for children in

crisis who are in custody of the Department of Human Services if

permitted under the Department’s policies and regulations, or who

have been voluntarily placed by a parent or custodian during a

temporary crisis;

13. “Community-based services” or “community-based programs”

means services or programs which maintain community participation or

supervision in their planning, operation, and evaluation.

Community-based services and programs may include, but are not

limited to, emergency shelter, crisis intervention, group work, case

supervision, job placement, recruitment and training of volunteers,

consultation, medical, educational, home-based services, vocational,

social, preventive and psychological guidance, training, counseling,

early intervention and diversionary substance abuse treatment,

sexual abuse treatment, transitional living, independent living, and

other related services and programs;

14. “Concurrent permanency planning” means, when indicated, the

implementation of two plans for a child entering foster care. One

plan focuses on reuniting the parent and child; the other seeks to

find a permanent out-of-home placement for the child with both plans

being pursued simultaneously;

15. “Court-appointed special advocate” or “CASA” means a

responsible adult volunteer who has been trained and is supervised

by a court-appointed special advocate program recognized by the

court, and when appointed by the court, serves as an officer of the

court in the capacity as a guardian ad litem;

16. “Court-appointed special advocate program” means an

organized program, administered by either an independent, not-for-

profit corporation, a dependent project of an independent, not-for-

profit corporation or a unit of local government, which recruits,

screens, trains, assigns, supervises and supports volunteers to be
ves as an officer of the

court in the capacity as a guardian ad litem;

16. “Court-appointed special advocate program” means an

organized program, administered by either an independent, not-for-

profit corporation, a dependent project of an independent, not-for-

profit corporation or a unit of local government, which recruits,

screens, trains, assigns, supervises and supports volunteers to be

available for appointment by the court as guardians ad litem;

17. “Custodian” means an individual other than a parent, legal

guardian or Indian custodian, to whom legal custody of the child has

been awarded by the court. As used in this title, the term

custodian shall not mean the Department of Human Services;

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18. “Day treatment” means a nonresidential program which

provides intensive services to a child who resides in the child’s

own home, the home of a relative, a group home, a foster home, or a

residential child care facility. Day treatment programs include,

but are not limited to, educational services;

19. “Department” means the Department of Human Services;

20. “Dependency” means a child who is homeless or without

proper care or guardianship through no fault of his or her parent,

legal guardian, or custodian;

21. “Deprived child” means a child:

a. who is for any reason destitute, homeless, or

abandoned,

b. who does not have the proper parental care or

guardianship,

c. who has been abused or neglected or is dependent,

d. whose home is an unfit place for the child by reason

of depravity on the part of the parent or legal

guardian of the child, or other person responsible for

the health or welfare of the child,

e. who is a child in need of special care and treatment

because of the child’s physical or mental condition,

and the child’s parents, legal guardian, or other

custodian is unable or willfully fails to provide such

special care and treatment. As used in this

paragraph, a child in need of special care and

treatment includes, but is not limited to, a child who

at birth tests positive for alcohol or a controlled

dangerous substance and who, pursuant to a drug or

alcohol screen of the child and an assessment of the

parent, is determined to be at risk of harm or

threatened harm to the health, safety, or welfare of a

child,

f. who is a child with a disability deprived of the

nutrition necessary to sustain life or of the medical

treatment necessary to remedy or relieve a life-

threatening medical condition in order to cause or

allow the death of the child if such nutrition or

medical treatment is generally provided to similarly

situated children without a disability or children

with disabilities; provided that no medical treatment

shall be necessary if, in the reasonable medical

judgment of the attending physician, such treatment

would be futile in saving the life of the child,

g. who, due to improper parental care and guardianship,

is absent from school as specified in Section 10-106

of Title 70 of the Oklahoma Statutes, if the child is

subject to compulsory school attendance,

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h. whose parent, legal guardian or custodian for good

cause desires to be relieved of custody,

i. who has been born to a parent whose parental rights to

another child have been involuntarily terminated by

the court and the conditions which led to the making

of the finding, which resulted in the termination of

the parental rights of the parent to the other child,

have not been corrected, or

j. whose parent, legal guardian, or custodian has

subjected another child to abuse or neglect or has

allowed another child to be subjected to abuse or

neglect and is currently a respondent in a deprived

proceeding.

Nothing in the Oklahoma Children’s Code shall be construed to

mean a child is deprived for the sole reason the parent, legal
rent to the other child,

have not been corrected, or

j. whose parent, legal guardian, or custodian has

subjected another child to abuse or neglect or has

allowed another child to be subjected to abuse or

neglect and is currently a respondent in a deprived

proceeding.

Nothing in the Oklahoma Children’s Code shall be construed to

mean a child is deprived for the sole reason the parent, legal

guardian, or person having custody or control of a child, in good

faith, selects and depends upon spiritual means alone through

prayer, in accordance with the tenets and practice of a recognized

church or religious denomination, for the treatment or cure of

disease or remedial care of such child.

Evidence of material, educational or cultural disadvantage as

compared to other children shall not be sufficient to prove that a

child is deprived; the state shall prove that the child is deprived

as defined pursuant to this title.

Nothing contained in this paragraph shall prevent a court from

immediately assuming custody of a child and ordering whatever action

may be necessary, including medical treatment, to protect the

child’s health or welfare;

22. “Dispositional hearing” means a hearing by the court as

provided by Section 1-4-706 of this title;

23. “Drug-endangered child” means a child who is at risk of

suffering physical, psychological or sexual harm as a result of the

use, possession, distribution, manufacture or cultivation of

controlled substances, or the attempt of any of these acts, by a

person responsible for the health, safety or welfare of the child,

as defined in this section. This term includes circumstances

wherein the substance abuse of the person responsible for the

health, safety or welfare of the child interferes with that person’s

ability to parent and provide a safe and nurturing environment for

the child;

24. “Emergency custody” means the custody of a child prior to

adjudication of the child following issuance of an order of the

district court pursuant to Section 1-4-201 of this title or

following issuance of an order of the district court pursuant to an

emergency custody hearing, as specified by Section 1-4-203 of this

title;

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25. “Facility” means a place, an institution, a building or

part thereof, a set of buildings, or an area whether or not

enclosing a building or set of buildings used for the lawful custody

and treatment of children;

26. “Failure to protect” means failure to take reasonable

action to remedy or prevent child abuse or neglect, and includes the

conduct of a nonabusing parent or guardian who knows the identity of

the abuser or the person neglecting the child, but lies, conceals or

fails to report the child abuse or neglect or otherwise take

reasonable action to end the abuse or neglect;

27. “Family-style living program” means a residential program

providing sustained care and supervision to residents in a homelike

environment not located in a building used for commercial activity;

28. “Foster care” or “foster care services” means continuous

twenty-four-hour care and supportive services provided for a child

in foster placement including, but not limited to, the care,

supervision, guidance, and rearing of a foster child by the foster

parent;

29. “Foster family home” means the private residence of a

foster parent who provides foster care services to a child. Such

term shall include a nonkinship foster family home, a therapeutic

foster family home, or the home of a relative or other kinship care

home;

30. “Foster parent eligibility assessment” includes a criminal

background investigation including, but not limited to, a national

criminal history records search based upon the submission of

fingerprints, home assessments, and any other assessment required by

the Department of Human Services, the Office of Juvenile Affairs, or
amily home, or the home of a relative or other kinship care

home;

30. “Foster parent eligibility assessment” includes a criminal

background investigation including, but not limited to, a national

criminal history records search based upon the submission of

fingerprints, home assessments, and any other assessment required by

the Department of Human Services, the Office of Juvenile Affairs, or

any child-placing agency pursuant to the provisions of the Oklahoma

Child Care Facilities Licensing Act;

31. “Guardian ad litem” means a person appointed by the court

pursuant to the provisions of Section 1-4-306 of this title having

those duties and responsibilities as set forth in that section. The

term guardian ad litem shall refer to a court-appointed special

advocate as well as to any other person appointed pursuant to the

provisions of Section 1-4-306 of this title to serve as a guardian

ad litem;

32. “Guardian ad litem of the estate of the child” means a

person appointed by the court to protect the property interests of a

child pursuant to Section 1-8-108 of this title;

33. “Group home” means a residential facility licensed by the

Department to provide full-time care and community-based services

for more than five but fewer than thirteen children;

34. “Harm or threatened harm to the health or safety of a

child” means any real or threatened physical, mental, or emotional

injury or damage to the body or mind that is not accidental

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including, but not limited to, sexual abuse, sexual exploitation,

neglect, or dependency;

35. “Heinous and shocking abuse” includes, but is not limited

to, aggravated physical abuse that results in serious bodily,

mental, or emotional injury. “Serious bodily injury” means injury

that involves:

a. a substantial risk of death,

b. extreme physical pain,

c. protracted disfigurement,

d. a loss or impairment of the function of a body member,

organ, or mental faculty,

e. an injury to an internal or external organ or the

body,

f. a bone fracture,

g. sexual abuse or sexual exploitation,

h. chronic abuse including, but not limited to, physical,

emotional, or sexual abuse, or sexual exploitation

which is repeated or continuing,

i. torture that includes, but is not limited to,

inflicting, participating in or assisting in

inflicting intense physical or emotional pain upon a

child repeatedly over a period of time for the purpose

of coercing or terrorizing a child or for the purpose

of satisfying the craven, cruel, or prurient desires

of the perpetrator or another person, or

j. any other similar aggravated circumstance;

36. “Heinous and shocking neglect” includes, but is not limited

to:

a. chronic neglect that includes, but is not limited to,

a persistent pattern of family functioning in which

the caregiver has not met or sustained the basic needs

of a child which results in harm to the child,

b. neglect that has resulted in a diagnosis of the child

as a failure to thrive,

c. an act or failure to act by a parent that results in

the death or near death of a child or sibling, serious

physical or emotional harm, sexual abuse, or sexual

exploitation, or presents an imminent risk of serious

harm to a child, or

d. any other similar aggravating circumstance;

37. “Individualized service plan” means a document written

pursuant to Section 1-4-704 of this title that has the same meaning

as “service plan” or “treatment plan” where those terms are used in

the Oklahoma Children’s Code;

38. “Infant” means a child who is twelve (12) months of age or

younger;

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39. “Institution” means a residential facility offering care

and treatment for more than twenty residents;

40. a. “Investigation” means a response to an allegation of

abuse or neglect that involves a serious and immediate

threat to the safety of the child, making it necessary
child who is twelve (12) months of age or

younger;

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39. “Institution” means a residential facility offering care

and treatment for more than twenty residents;

40. a. “Investigation” means a response to an allegation of

abuse or neglect that involves a serious and immediate

threat to the safety of the child, making it necessary

to determine:

(1) the current safety of a child and the risk of

subsequent abuse or neglect, and

(2) whether child abuse or neglect occurred and

whether the family needs prevention- and

intervention-related services.

b. Investigation results in a written response stating

one of the following findings:

(1) “substantiated” means the Department has

determined, after an investigation of a report of

child abuse or neglect and based upon some

credible evidence, that child abuse or neglect

has occurred. When child abuse or neglect is

substantiated, the Department may recommend:

(a) court intervention if the Department finds

the health, safety, or welfare of the child

is threatened, or

(b) child abuse and neglect prevention- and

intervention-related services for the child,

parents or persons responsible for the care

of the child if court intervention is not

determined to be necessary,

(2) “unsubstantiated” means the Department has

determined, after an investigation of a report of

child abuse or neglect, that insufficient

evidence exists to fully determine whether child

abuse or neglect has occurred. If child abuse or

neglect is unsubstantiated, the Department may

recommend, when determined to be necessary, that

the parents or persons responsible for the care

of the child obtain child abuse and neglect

prevention- and intervention-related services, or

(3) “ruled out” means a report in which a child

protective services specialist has determined,

after an investigation of a report of child abuse

or neglect, that no child abuse or neglect has

occurred;

41. “Kinship care” means full-time care of a child by a kinship

relation;

42. “Kinship guardianship” means a permanent guardianship as

defined in this section;

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43. “Kinship relation” or “kinship relationship” means

relatives, stepparents, or other responsible adults who have a bond

or tie with a child or to whom has been ascribed a family

relationship role with the child’s parents or the child; provided,

however, in cases where the Indian Child Welfare Act applies, the

definitions contained in 25 U.S.C., Section 1903 shall control;

44. “Mental health facility” means a mental health or substance

abuse treatment facility as defined by the Inpatient Mental Health

and Substance Abuse Treatment of Minors Act;

45. “Minor” means the same as the term child as defined in this

section;

46. “Minor in need of treatment” means a child in need of

mental health or substance abuse treatment as defined by the

Inpatient Mental Health and Substance Abuse Treatment of Minors Act;

47. “Multidisciplinary child abuse team” means any team

established pursuant to Section 1-9-102 of this title of three or

more persons who are trained in the prevention, identification,

investigation, prosecution, and treatment of physical and sexual

child abuse and who are qualified to facilitate a broad range of

prevention- and intervention-related services and services related

to child abuse. For purposes of this definition, “freestanding”

means a team not used by a child advocacy center for its

accreditation;

48. “Near death” means a child is in serious or critical

condition, as certified by a physician, as a result of abuse or

neglect;

49. a. “Neglect” means:

(1) the failure or omission to provide any of the

following:

(a) adequate nurturance and affection, food,

clothing, shelter, sanitation, hygiene, or

appropriate education,

(b) medical, dental, or behavioral health care,
accreditation;

48. “Near death” means a child is in serious or critical

condition, as certified by a physician, as a result of abuse or

neglect;

49. a. “Neglect” means:

(1) the failure or omission to provide any of the

following:

(a) adequate nurturance and affection, food,

clothing, shelter, sanitation, hygiene, or

appropriate education,

(b) medical, dental, or behavioral health care,

(c) supervision or appropriate caretakers to

protect the child from harm or threatened

harm of which any reasonable and prudent

person responsible for the child’s health,

safety or welfare would be aware, or

(d) special care made necessary for the child’s

health and safety by the physical or mental

condition of the child,

(2) the failure or omission to protect a child from

exposure to any of the following:

(a) the use, possession, sale, or manufacture of

illegal drugs,

(b) illegal activities, or

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(c) sexual acts or materials that are not age-

appropriate, or

(3) abandonment.

b. Neglect shall not mean a child who engages in

independent activities, except if the person

responsible for the child’s health, safety or welfare

willfully disregards any harm or threatened harm to

the child, given the child’s level of maturity,

physical condition or mental abilities. Such

independent activities include but are not limited to:

(1) traveling to and from school including by

walking, running or bicycling,

(2) traveling to and from nearby commercial or

recreational facilities,

(3) engaging in outdoor play,

(4) remaining at home unattended for a reasonable

amount of time,

(5) remaining in a vehicle if the temperature inside

the vehicle is not or will not become dangerously

hot or cold, except under the conditions

described in Section 11-1119 of Title 47 of the

Oklahoma Statutes, or

(6) engaging in similar activities alone or with

other children.

Nothing in this paragraph shall be construed to mean a child is

abused or neglected for the sole reason the parent, legal guardian

or person having custody or control of a child, in good faith,

selects and depends upon spiritual means alone through prayer, in

accordance with the tenets and practice of a recognized church or

religious denomination, for the treatment or cure of disease or

remedial care of such child. Nothing contained in this paragraph

shall prevent a court from immediately assuming custody of a child,

pursuant to the Oklahoma Children’s Code, and ordering whatever

action may be necessary, including medical treatment, to protect the

child’s health or welfare;

50. “Permanency hearing” means a hearing by the court pursuant

to Section 1-4-811 of this title;

51. “Permanent custody” means the court-ordered custody of an

adjudicated deprived child when a parent-child relationship no

longer exists due to termination of parental rights or due to the

death of a parent or parents;

52. “Permanent guardianship” means a judicially created

relationship between a child, a kinship relation of the child, or

other adult established pursuant to the provisions of Section 1-4-

709 of this title;

53. “Person responsible for a child’s health, safety, or

welfare” includes a parent; a legal guardian; custodian; a foster

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parent; a person eighteen (18) years of age or older with whom the

child’s parent cohabitates or any other adult residing in the home

of the child; an agent or employee of a public or private

residential home, institution, facility or day treatment program as

defined in Section 175.20 of Title 10 of the Oklahoma Statutes; or

an owner, operator, or employee of a child care facility as defined

by Section 402 of Title 10 of the Oklahoma Statutes;

54. “Plan of safe care” means a plan developed for an infant

with Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum
blic or private

residential home, institution, facility or day treatment program as

defined in Section 175.20 of Title 10 of the Oklahoma Statutes; or

an owner, operator, or employee of a child care facility as defined

by Section 402 of Title 10 of the Oklahoma Statutes;

54. “Plan of safe care” means a plan developed for an infant

with Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum

Disorder upon release from the care of a health care provider that

addresses the health and substance use treatment needs of the infant

and mother or caregiver;

55. “Protective custody” means custody of a child taken by a

law enforcement officer or designated employee of the court without

a court order;

56. “Putative father” means an alleged father as that term is

defined in Section 7700-102 of Title 10 of the Oklahoma Statutes;

57. “Qualified residential treatment program” means a program

that:

a. has a trauma-informed treatment model that is designed

to address the needs including clinical needs as

appropriate, of children with serious emotional or

behavioral disorders or disturbances and, with respect

to a child, is able to implement the treatment

identified for the child from a required assessment,

b. has registered or licensed nursing staff and other

licensed clinical staff who:

(1) provide care within the scope of their practice

as defined by the laws of this state,

(2) are on-site according to the treatment model

referred to in subparagraph a of this paragraph,

and

(3) are available twenty-four (24) hours a day and

seven (7) days a week,

c. to the extent appropriate, and in accordance with the

child’s best interest, facilitates participation of

family members in the child’s treatment program,

d. facilitates outreach to the family members of the

child including siblings, documents how the outreach

is made including contact information, and maintains

contact information for any known biological family of

the child,

e. documents how family members are integrated into the

treatment process for the child including post-

discharge, and how sibling connections are maintained,

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f. provides discharge planning and family-based aftercare

support for at least six (6) months post-discharge,

and

g. is licensed and accredited by any of the following

independent, not-for-profit organizations:

(1) the Commission on Accreditation of Rehabilitation

Facilities (CARF),

(2) the Joint Commission,

(3) the Council on Accreditation (COA), or

(4) any other federally approved independent, not-

for-profit accrediting organization;

58. “Reasonable and prudent parent standard” means the standard

characterized by careful and sensible parental decisions that

maintain the health, safety, and best interests of a child while at

the same time encouraging the emotional and developmental growth of

the child. This standard shall be used by the child’s caregiver

when determining whether to allow a child to participate in

extracurricular, enrichment, cultural, and social activities. For

purposes of this definition, the term “caregiver” means a foster

parent with whom a child in foster care has been placed, a

representative of a group home where a child has been placed or a

designated official for a residential child care facility where a

child in foster care has been placed;

59. “Relative” means a grandparent, great-grandparent, brother

or sister of whole or half blood, aunt, uncle or any other person

related to the child;

60. “Residential child care facility” means a twenty-four-hour

residential facility where children live together with or are

supervised by adults who are not their parents or relatives;

61. “Review hearing” means a hearing by the court pursuant to

Section 1-4-807 of this title;

62. “Risk” means the likelihood that an incident of child abuse

or neglect will occur in the future;
to the child;

60. “Residential child care facility” means a twenty-four-hour

residential facility where children live together with or are

supervised by adults who are not their parents or relatives;

61. “Review hearing” means a hearing by the court pursuant to

Section 1-4-807 of this title;

62. “Risk” means the likelihood that an incident of child abuse

or neglect will occur in the future;

63. “Safety threat” means the threat of serious harm due to

child abuse or neglect occurring in the present or in the very near

future and without the intervention of another person, a child would

likely or in all probability sustain severe or permanent disability

or injury, illness, or death;

64. “Safety analysis” means action taken by the Department in

response to a report of alleged child abuse or neglect that may

include an assessment or investigation based upon an analysis of the

information received according to priority guidelines and other

criteria adopted by the Department;

65. “Safety evaluation” means evaluation of a child’s situation

by the Department using a structured, evidence-based tool to

determine if the child is subject to a safety threat;

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66. “Secure facility” means a facility which is designed and

operated to ensure that all entrances and exits from the facility

are subject to the exclusive control of the staff of the facility,

whether or not the juvenile being detained has freedom of movement

within the perimeter of the facility, or a facility which relies on

locked rooms and buildings, fences, or physical restraint in order

to control behavior of its residents;

67. “Sibling” means a biologically or legally related brother

or sister of a child. This includes an individual who satisfies at

least one of the following conditions with respect to a child:

a. the individual is considered by state law to be a

sibling of the child, or

b. the individual would have been considered a sibling

under state law but for a termination or other

disruption of parental rights, such as the death of a

parent;

68. “Specialized foster care” means foster care provided to a

child in a foster home or agency-contracted home which:

a. has been certified by the Developmental Disabilities

Services Division of the Department of Human Services,

b. is monitored by the Division, and

c. is funded through the Home and Community-Based Waiver

Services Program administered by the Division;

69. “Successful adulthood program” means a program specifically

designed to assist a child to enhance those skills and abilities

necessary for successful adult living. A successful adulthood

program may include, but shall not be limited to, such features as

minimal direct staff supervision, and the provision of supportive

services to assist children with activities necessary for finding an

appropriate place of residence, completing an education or

vocational training, obtaining employment, or obtaining other

similar services;

70. “Temporary custody” means court-ordered custody of an

adjudicated deprived child;

71. “Therapeutic foster family home” means a foster family home

which provides specific treatment services, pursuant to a

therapeutic foster care contract, which are designed to remedy

social and behavioral problems of a foster child residing in the

home;

72. “Time-limited reunification services” means reunification

services provided only during the period of fifteen (15) months that

begins on the date the child is considered to have entered foster

care;

73. “Trafficking in persons” means sex trafficking or severe

forms of trafficking in persons as described in Section 7102 of

Title 22 of the United States Code:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 38

a. “sex trafficking” means the recruitment, harboring,

transportation, provision, obtaining, patronizing or
date the child is considered to have entered foster

care;

73. “Trafficking in persons” means sex trafficking or severe

forms of trafficking in persons as described in Section 7102 of

Title 22 of the United States Code:

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 38

a. “sex trafficking” means the recruitment, harboring,

transportation, provision, obtaining, patronizing or

soliciting of a person for the purpose of a commercial

sex act, and

b. “severe forms of trafficking in persons” means:

(1) sex trafficking in which a commercial sex act is

induced by force, fraud, or coercion, or in which

the person induced to perform such act has not

attained eighteen (18) years of age, or

(2) the recruitment, harboring, transportation,

provision, obtaining, patronizing or soliciting

of a person for labor or services, through the

use of force, fraud, or coercion for the purpose

of subjection to involuntary servitude, peonage,

debt bondage, or slavery;

74. “Transitional living program” means a residential program

that may be attached to an existing facility or operated solely for

the purpose of assisting children to develop the skills and

abilities necessary for successful adult living. The program may

include, but shall not be limited to, reduced staff supervision,

vocational training, educational services, employment and employment

training, and other appropriate independent living skills training

as a part of the transitional living program; and

75. “Voluntary foster care placement” means the temporary

placement of a child by the parent, legal guardian or custodian of

the child in foster care pursuant to a signed placement agreement

between the Department or a child-placing agency and the child’s

parent, legal guardian or custodian.