Okla. Stat. tit. 10A, § 10A-2-2-101

treatment - Behavioral health treatment - Hearing on order for

medical treatment.

A. A child may be taken into custody prior to the filing of a

petition alleging that the child is delinquent or in need of

supervision:

1. By a peace officer, without a court order for any criminal

offense for which the officer is authorized to arrest an adult

without a warrant, or if the child is willfully and voluntarily

absent from the home of the child without the consent of the parent,

legal guardian, legal custodian or other person having custody and

control of the child for a substantial length of time or without

intent to return, or if the surroundings of the child are such as to

endanger the welfare of the child;

2. By a peace officer or an employee of the court without a

court order, if the child is willfully and voluntarily absent from

the home of the child without the consent of the parent, legal

guardian, legal custodian or other person having custody and control

of the child if the surroundings of the child are such as to

endanger the welfare of the child or, in the reasonable belief of

the employee of the court or peace officer, the child appears to

have run away from home without just cause. For purposes of this

section, a peace officer may reasonably believe that a child has run

away from home when the child refuses to give his or her name or the

name and address of a parent or other person legally responsible for

the care of the child or when the peace officer has reason to doubt

that the name and address given by the child are the actual name and

address of the parent or other person legally responsible for the

care of the child. A peace officer or court employee is authorized

by the court to take a child who has run away from home or who, in

the reasonable belief of the peace officer, appears to have run away

from home, to a facility designated by administrative order of the

court for such purposes if the peace officer or court employee is

unable to or has determined that it is unsafe to return the child to

the home of the child or to the custody of his or her parent or

other person legally responsible for the care of the child. Any

such facility receiving a child shall inform a parent or other

person responsible for the care of the child;

3. Pursuant to an order of the district court issued on the

application of the office of the district attorney. The application

presented by the district attorney shall be supported by a sworn

affidavit which may be based upon information and belief. The

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 271

application shall state facts sufficient to demonstrate to the court

that there is probable cause to believe the child has committed a

crime or is in violation of the terms of probation, parole or order

of the court;

4. By order of the district court pursuant to subsection F of

this section when the child is in need of medical or behavioral

health treatment or other action in order to protect the health or

welfare of the child and the parent, legal guardian, legal custodian

or other person having custody or control of the child is unwilling

or unavailable to consent to such medical or behavioral health

treatment or other action; and

5. Pursuant to an emergency ex parte or a final protective

order of the district court issued at the request of a parent or

legal guardian pursuant to the Protection from Domestic Abuse Act.

Any child referred to in this subsection shall not be considered

to be in the custody of the Office of Juvenile Affairs.

B. Whenever a child is taken into custody as a delinquent

child, the child shall be detained, held temporarily in the

custodial care of a peace officer or other person employed by a

police department, or be released to the custody of the parent of

the child, legal guardian, legal custodian, attorney or other

responsible adult, upon the written promise of such person to bring
uvenile Affairs.

B. Whenever a child is taken into custody as a delinquent

child, the child shall be detained, held temporarily in the

custodial care of a peace officer or other person employed by a

police department, or be released to the custody of the parent of

the child, legal guardian, legal custodian, attorney or other

responsible adult, upon the written promise of such person to bring

the child to the court at the time fixed if a petition is to be

filed and to assume responsibility for costs for damages caused by

the child if the child commits any delinquent acts after being

released regardless of whether or not a petition is to be filed. It

shall be a misdemeanor for any person to sign the written promise

and then fail to comply with the terms of the promise. Any person

convicted of violating the terms of the written promise shall be

subject to imprisonment in the county jail for not more than six (6)

months or a fine of not more than Five Hundred Dollars ($500.00), or

by both such fine and imprisonment. In addition, if a parent, legal

guardian, legal custodian, attorney or other responsible adult is

notified that the child has been taken into custody, it shall be a

misdemeanor for such person to refuse to assume custody of the child

within a timely manner. If detained, the child shall be taken

immediately before a judge of the district court in the county in

which the child is sought to be detained, or to the place of

detention or a children's emergency resource center or host home

designated by the court. If no judge be available locally, the

person having the child in custody shall immediately report the

detention of the child to the presiding judge of the judicial

administrative district, provided that the child shall not be

detained in custody beyond the next judicial day or for good cause

shown due to problems of arranging for and transporting the child to

and from a secure juvenile detention center, beyond the second

judicial day unless the court shall so order after a detention

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 272

hearing to determine if there exists probable cause to detain the

child. The child shall be present at the detention hearing or the

image of the child may be broadcast to the judge by closed-circuit

television or any other electronic means that provides for a two-way

communication of image and sound between the child and the judge.

If the latter judge cannot be reached, such detention shall be

reported immediately to any judge regularly serving within the

judicial administrative district. If detained, a reasonable bond

for release shall be set. Pending further disposition of the case,

a child whose custody has been assumed by the court may be released

to the custody of a parent, legal guardian, legal custodian, or

other responsible adult or to any other person appointed by the

court, or be detained pursuant to Chapter 3 of the Oklahoma Juvenile

Code in such place as shall be designated by the court, subject to

further order.

C. When a child is taken into custody as a child in need of

supervision, the child shall be detained and held temporarily in the

custodial care of a peace officer or placed within a community

intervention center as defined in subsection D of Section 2-7-305 of

this title, a children's emergency resource center or host home, or

be released to the custody of the parent of the child, legal

guardian, legal custodian, attorney or other responsible adult, upon

the written promise of such person to bring the child to court at

the time fixed if a petition is to be filed. A child who is alleged

or adjudicated to be in need of supervision shall not be detained in

any jail, lockup, or other place used for adults convicted of a

crime or under arrest and charged with a crime.

D. When any child is taken into custody pursuant to this title

and it reasonably appears to the peace officer, employee of the
child to court at

the time fixed if a petition is to be filed. A child who is alleged

or adjudicated to be in need of supervision shall not be detained in

any jail, lockup, or other place used for adults convicted of a

crime or under arrest and charged with a crime.

D. When any child is taken into custody pursuant to this title

and it reasonably appears to the peace officer, employee of the

court or person acting pursuant to court order that the child is in

need of medical treatment to preserve the health of the child, any

peace officer, any employee of the court or person acting pursuant

to court order shall have the authority to authorize medical

examination and medical treatment for any child found to be in need

of medical treatment as diagnosed by a competent medical authority

in the absence of the parent of the child, legal guardian, legal

custodian, or other person having custody and control of the child

who is competent to authorize medical treatment. The officer or the

employee of the court or person acting pursuant to court order shall

authorize said medical treatment only after exercising due diligence

to locate the parent of the child, legal guardian, legal custodian,

or other person legally competent to authorize said medical

treatment. The parent of the child, legal guardian, legal

custodian, or other person having custody and control shall be

responsible for such medical expenses as ordered by the court. No

peace officer, any employee of the court or person acting pursuant

to court order authorizing such treatment in accordance with the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 273

provisions of this section for any child found in need of such

medical treatment shall have any liability, civil or criminal, for

giving such authorization.

E. A child who has been taken into custody as otherwise

provided by this Code who appears to be a minor in need of

treatment, as defined by the Inpatient Mental Health and Substance

Abuse Treatment of Minors Act, may be admitted to a behavioral

health treatment facility in accordance with the provisions of the

Inpatient Mental Health and Substance Abuse Treatment of Minors Act.

The parent of the child, legal guardian, legal custodian, or other

person having custody and control shall be responsible for such

behavioral health expenses as ordered by the court. No peace

officer, any employee of the court or person acting pursuant to

court order authorizing such treatment in accordance with the

provisions of this section for any child found in need of such

behavioral health evaluation or treatment shall have any liability,

civil or criminal, for giving such authorization.

F. 1. A child may be taken into custody pursuant to an order

of the court specifying that the child is in need of medical

treatment or other action to protect the health or welfare of the

child and the parent, legal guardian, legal custodian, or other

responsible adult having custody or control of a child is unwilling

or unavailable to consent to such medical treatment or other action.

2. If the child is in need of immediate medical treatment or

other action to protect the health or welfare of the child, the

court may issue an emergency ex parte order upon application of the

district attorney of the county in which the child is located. The

application for an ex parte order may be verbal or in writing and

shall be supported by facts sufficient to demonstrate to the court

that there is reasonable cause to believe that the child is in need

of immediate medical treatment or other action to protect the health

or welfare of the child. The emergency ex parte order shall be in

effect until a full hearing is conducted. A copy of the

application, notice for full hearing and a copy of any ex parte

order issued by the court shall be served upon such parent, legal

guardian, legal custodian, or other responsible adult having custody
need

of immediate medical treatment or other action to protect the health

or welfare of the child. The emergency ex parte order shall be in

effect until a full hearing is conducted. A copy of the

application, notice for full hearing and a copy of any ex parte

order issued by the court shall be served upon such parent, legal

guardian, legal custodian, or other responsible adult having custody

or control of the child. Within twenty-four (24) hours of the

filing of the application the court shall schedule a full hearing on

the application, regardless of whether an emergency ex parte order

had been issued or denied.

3. Except as otherwise provided by paragraph 2 of this

subsection, whenever a child is in need of medical treatment to

protect the health or welfare of the child, or whenever any other

action is necessary to protect the health or welfare of the child,

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

other person having custody or control of the child is unwilling or

unavailable to consent to such medical treatment or other action,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 274

the court, upon application of the district attorney of the county

in which the child is located, shall hold a full hearing within five

(5) days of filing the application. Notice of the hearing and a

copy of the application shall be served upon the parent, legal

guardian, legal custodian, or other person having custody or control

of the child.

4. At any hearing held pursuant to this subsection, the court

may grant any order or require such medical treatment or other

action as is necessary to protect the health or welfare of the

child.

5. a. The parent, legal guardian, legal custodian, or other

person having custody or control of the child shall be

responsible for such medical expenses as ordered by

the court.

b. No peace officer, any employee of the court or person

acting pursuant to court order authorizing such

treatment in accordance with the provisions of this

subsection for any child found in need of such medical

treatment shall have any liability, civil or criminal.

G. As a part of the intake process, an employee of the Office

of Juvenile Affairs or a county juvenile bureau shall inquire as to

whether there is any American Indian lineage or ancestry that would

make the child eligible for membership or citizenship in a federally

recognized American Indian tribe or nation. If the employee of the

Office of Juvenile Affairs or a county juvenile bureau determines

that the child may have American Indian lineage or ancestry, the

employee shall notify the primary tribe or nation of membership or

citizenship within three (3) judicial days of completing an intake

of such determination. Any information or records related to taking

the child into custody shall be confidential, shall not be open to

the general public, and shall not be inspected or their contents

disclosed.