Okla. Stat. tit. 10A, § 10A-1-4-201

– Joint response by Department of Human Services, law enforcement,

and district courts – Safety evaluation.

A. Pursuant to the provisions of this section, a child may be

taken into custody prior to the filing of a petition:

1. By a peace officer or employee of the court, without a court

order if the officer or employee has reasonable suspicion that:

a. the child is in need of immediate protection due to an

imminent safety threat,

b. the circumstances or surroundings of the child are

such that continuation in the child's home or in the

care or custody of the parent, legal guardian, or

custodian would present an imminent safety threat to

the child, or

c. the child, including a child with a disability, is

unable to communicate effectively about abuse, neglect

or other safety threat or is in a vulnerable position

due to the inability to communicate effectively and

the child is in need of immediate protection due to an

imminent safety threat; or

2. By an order of the district court issued upon the

application of the office of the district attorney. The application

presented by the district attorney may be supported by a sworn

affidavit which may be based upon information and belief. The

application shall state facts sufficient to demonstrate to the court

that a continuation of the child in the home or with the caretaker

of the child is contrary to the child's welfare and there is

reasonable suspicion that:

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a. the child is in need of immediate protection due to an

imminent safety threat,

b. the circumstances or surroundings of the child are

such that continuation in the child's home or in the

care or custody of the parent, legal guardian, or

custodian would present an imminent safety threat to

the child, or

c. the child, including a child with a disability, is

unable to communicate effectively about abuse, neglect

or other safety threat or is in a vulnerable position

due to the inability to communicate effectively and

the child is in need of immediate protection due to an

imminent safety threat.

The application and order may be verbal and upon being advised by

the district attorney or the court of the verbal order, law

enforcement shall act on such order. If verbal, the district

attorney shall submit a written application and proposed order to

the district court within one (1) judicial day from the issuance of

the verbal order. Upon approval, the application and order shall be

filed with the court clerk; or

3. By order of the district court when the child is in need of

medical or behavioral health treatment in order to protect the

health, safety, or welfare of the child and the parent, legal

guardian, or custodian of the child is unwilling or unavailable to

consent to such medical or behavioral health treatment or other

action, the court shall specifically include in the emergency order

authorization for such medical or behavioral health evaluation or

treatment as it deems necessary.

B. 1. By January 1, 2010, the Department in consultation with

law enforcement and the district courts shall develop and implement

a system for joint response when a child is taken into protective

custody by a peace officer pursuant to paragraph 1 of subsection A

of this section. The system shall include:

a. designation of persons to serve as contact points for

peace officers, including at least one backup contact

for each initial contact point,

b. a protocol for conducting a safety evaluation at the

scene where protective custody is assumed to determine

whether the child faces an imminent safety threat and,

if so, whether the child can be protected through

placement with relatives or others without the

Department assuming emergency custody,

c. the development of reception centers for accepting

protective custody of children from peace officers

when the Department is unable to respond at the scene
protective custody is assumed to determine

whether the child faces an imminent safety threat and,

if so, whether the child can be protected through

placement with relatives or others without the

Department assuming emergency custody,

c. the development of reception centers for accepting

protective custody of children from peace officers

when the Department is unable to respond at the scene

within a reasonable time period,

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d. a protocol for conducting a safety evaluation at the

reception center within twenty-three (23) hours of the

assumption of protective custody of a child to

determine whether the child faces an imminent safety

threat and, if so, whether the child can be protected

through placement with relatives or others without the

Department assuming emergency custody, and

e. a protocol, when the child cannot safely be left in

the home, for transporting a child to the home of a

relative, kinship care home, an emergency foster care

home, a shelter, or any other site at which the

Department believes the child can be protected,

provided that the Department shall utilize a shelter

only when the home of a relative, kinship care home,

or emergency foster care home is unavailable or

inappropriate.

2. Beginning January 1, 2010, no child taken into protective

custody under paragraph 1 of subsection A of this section shall be

considered to be in the emergency custody of the Department until

the Department has completed a safety evaluation and has concluded

that the child faces an imminent safety threat and the court has

issued an order for emergency custody.

3. If the safety evaluation performed by the Department of a

child taken into protective custody under paragraph 1 of subsection

A of this section indicates that the child does not face an imminent

safety threat, the Department shall restore the child to the custody

and control of the parent, legal guardian, or custodian of the

child.

C. When an order issued by the district court pursuant to

subsection A of this section places the child in the emergency

custody of the Department of Human Services pending further hearing

specified by Section 1-4-203 of this title, an employee of the

Department may execute such order and physically take the child into

custody in the following limited circumstance:

1. The child is located in a hospital, school, or day care

facility; and

2. It is believed that assumption of the custody of the child

from the facility can occur without risk to the child or the

employee of the Department.

Otherwise, the order shall be executed and the child taken into

custody by a peace officer or employee of the court.

D. The court shall not enter a prepetition emergency custody

order removing a child from the home of the child unless the court

makes a determination:

1. That an imminent safety threat exists and continuation in

the home of the child is contrary to the welfare of the child; and

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2. Whether reasonable efforts have been made to prevent the

removal of the child from the child's home; or

3. An absence of efforts to prevent the removal of the child

from the home of the child is reasonable because the removal is due

to an emergency and is for the purpose of providing for the safety

and welfare of the child.

E. Whenever a child is taken into custody pursuant to this

section:

1. The child may be taken to a kinship care home or an

emergency foster care home designated by the Department, or if no

such home is available, to a children's shelter located within the

county where protective or emergency custody is assumed or, if there

is no children's shelter within the county, to a children's shelter

designated by the court;

2. Unless otherwise provided by administrative order entered

pursuant to subsection F of this section, the child may be taken
designated by the Department, or if no

such home is available, to a children's shelter located within the

county where protective or emergency custody is assumed or, if there

is no children's shelter within the county, to a children's shelter

designated by the court;

2. Unless otherwise provided by administrative order entered

pursuant to subsection F of this section, the child may be taken

before a judge of the district court or the court may be contacted

verbally for the purpose of obtaining an order for emergency

custody. The court may place the child in the emergency custody of

the Department or some other suitable person or entity pending

further hearing specified by Section 1-4-203 of this title;

3. The child may be taken directly to or retained in a health

care facility for medical treatment, when the child is in need of

emergency medical treatment to maintain the child's health, or as

otherwise directed by the court; or

4. The child may be taken directly to or retained in a

behavioral health treatment facility for evaluation or inpatient

treatment, in accordance with the provisions of the Inpatient Mental

Health and Substance Abuse Treatment of Minors Act, when the child

is in need of behavioral health care to preserve the child's health,

or as otherwise directed by the court; and

5. Unless otherwise provided by administrative order entered

pursuant to subsection F of this section, the district court of the

county where the custody is assumed shall be immediately notified,

verbally or in writing, that the child has been taken into custody.

If notification is verbal, written notification shall be sent to the

district court within one (1) judicial day of such verbal

notification.

F. The court may provide, in an administrative order issued

pursuant to this section, for the disposition of children taken into

custody and notification of the assumption of such custody.

1. Such order or rule shall be consistent with the provisions

of subsection E of this section and may include a process for

release of a child prior to an emergency custody hearing. The

administrative order shall not include a provision to modify

protective custody of a child to emergency custody of the Department

upon admission of a child to a shelter; and

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2. The administrative order may require joint training of peace

officers and Department staff deemed necessary by the court to carry

out the provisions of the administrative order.

G. No child taken into custody pursuant to this section shall

be confined in any jail, adult lockup, or adult or juvenile

detention facility.

H. When a determination is made by the Department that there is

a significant risk of abuse or neglect, but there is not an imminent

safety threat to the child, the Department may recommend a court-

supervised and Department-monitored in-home placement. The

Department shall assist the family in obtaining the services

necessary to maintain the in-home care and correct the conditions

leading to the risk determination.

I. Any peace officer, employee of the court, or employee of the

Department is authorized to transport a child when acting pursuant

to this section. Such persons and any other person acting under the

direction of the court, who in good faith transports any child or

carries out duties pursuant to this section, shall be immune from

civil or criminal liability that may result by reason of such act.

For purposes of any proceedings, civil or criminal, the good faith

of any such person shall be presumed. This provision shall not

apply to damage or injury caused by the willful, wanton or gross

negligence or misconduct of a person.

J. A parent or person responsible for the child who is arrested

on a charge or warrant other than child abuse or neglect or an act

of child endangerment may designate another person to take physical
l or criminal, the good faith

of any such person shall be presumed. This provision shall not

apply to damage or injury caused by the willful, wanton or gross

negligence or misconduct of a person.

J. A parent or person responsible for the child who is arrested

on a charge or warrant other than child abuse or neglect or an act

of child endangerment may designate another person to take physical

custody of the child. Upon this request, the peace officer may

release the child to the physical custody of the designated person.