Okla. Stat. tit. 10A, § 10A-1-7-103

powers.

A. In addition to the other powers and duties prescribed by

law, the Department of Human Services shall have the power and duty

to:

1. Provide for the care and treatment of children taken into

protective or emergency custody pursuant to the provisions of the

Oklahoma Children's Code, and placed in the Department's custody by

an order of the court.

In providing for the care and treatment of such children, the

Department shall:

a. place the children in:

(1) a kinship care home or other foster care home, or

(2) if no such home is available, a group home,

children’s shelter, or in any licensed facility

established for the care of children.

In determining any placement for a child who has been

removed from the custody of a custodial parent and

placed with the Department in emergency custody,

priority shall be given by the Department to the

placement of such child with the noncustodial parent

of the child unless such placement is not in the best

interest of the child,

b. if ordered by the court, provide supervision of

children alleged to be deprived who are placed by the

court in the custody of a parent, relative, or other

responsible person. Such supervision shall be in

accordance with rules promulgated by the Department

and shall not exceed the period allowed for the filing

of a petition or, if a petition is filed, the period

authorized by the court,

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c. admit an alleged deprived child to a hospital or

behavioral health facility as provided in the

Inpatient Mental Health and Substance Abuse Treatment

of Minors Act,

d. provide outpatient behavioral health care and

treatment as prescribed by a qualified behavioral

health professional,

e. provide, as soon as practicable, educational

instruction through enrollment in a public school or

an alternative program consistent with the needs and

abilities of the child,

f. provide or prescribe treatment services for the family

of an alleged deprived child placed in the emergency

custody of the Department if such services are

voluntarily requested and the family is otherwise

eligible under applicable law and rules promulgated by

the Commission for the services offered, and

g. provide medical care necessary to preserve the health

of the child in accordance with the provisions of this

Code; and

2. Provide for the care and treatment of an adjudicated

deprived child placed in the temporary custody of the Department by

an order of the court. In providing for such care and treatment,

the Department:

a. shall review and assess each child to determine the

type of placement and services consistent with the

needs of the child in the nearest geographic proximity

to the home of the child as possible. In making the

review, the Department may use any facilities, public

or private, which aid in the assessment,

b. shall develop and implement an individualized service

plan for each child in accord with the requirements of

Section 1-4-704 of this title,

c. may return a deprived child to the home of the parent

or legal guardian from whom the child was removed with

prior approval of the court, or place the child in the

home of a noncustodial parent, in a foster care home,

in a children's shelter, in a group home, in an

independent living program, or in any licensed

facility established for the care of children,

d. may admit a deprived child to a hospital or behavioral

health facility as provided in the Inpatient Mental

Health and Substance Abuse Treatment of Minors Act,

e. may provide outpatient behavioral health care and

treatment as prescribed by a qualified behavioral

health professional,

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f. shall, if ordered by the court, provide supervision of

children adjudicated deprived who are placed by the

court in the custody of a parent, relative, or other
ubstance Abuse Treatment of Minors Act,

e. may provide outpatient behavioral health care and

treatment as prescribed by a qualified behavioral

health professional,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 194

f. shall, if ordered by the court, provide supervision of

children adjudicated deprived who are placed by the

court in the custody of a parent, relative, or other

responsible person. Such supervision shall be in

accordance with rules promulgated by the Department,

and

g. shall provide medical care necessary to preserve the

health of the child in accordance with the provisions

of the Oklahoma Children’s Code.

B. 1. The Department may move a child in its custody from any

authorized placement to another authorized placement if consistent

with the needs of the child or as may be required in an emergency,

subject to the provisions of Section 1-4-804 and 1-4-805 of this

title.

2. The Department, in placing a child who has reentered foster

care, shall consider previous foster placements as well as a kinship

foster home placement if available. The placement shall be

consistent with the best interests of the child.

C. The Department shall assure that any child who has attained

the minimum age for compulsory school attendance and is eligible for

a foster care payment under Title IV-E of the Social Security Act,

42 U.S.C. 670 et seq., is:

1. Enrolled in an institution which provides elementary or

secondary education as determined under the law of the state or

other jurisdiction in which the institution is located;

2. Instructed in elementary or secondary education in any

legally authorized education program;

3. In an independent study elementary or secondary education

program in accordance with the law of the state or jurisdiction in

which the program is located, which is administered by the local

school or school district; or

4. Incapable of attending school on a full-time basis due to a

documented medical condition supported by regular updates.

D. The Department has the authority to consent to travel for a

child in its custody outside the jurisdiction of the court, except

that court approval is required for travel outside of the United

States. Permission for school or organizational activities

requiring consent and not prohibited by Department rule may be given

by the foster parent.

E. The Department shall receive notice of all court proceedings

regarding any child in its custody and shall, upon application, be

allowed to intervene as a party for a specified purpose, to any

court proceedings pertaining to the care and custody of the child.

F. The Department may participate in federal programs relating

to deprived children and services for such children; and apply for,

receive, use and administer federal funds for such purposes.

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G. The Department shall receive interest earnings on the

investment by the State Treasurer of monies, to be credited to an

agency special account, for the benefit of and held in trust for

persons placed in the custody of the Department or in residence at

facilities maintained by the Department.