Okla. Stat. tit. 10A, § 10A-2-2-503

redisposition.

A. The following kinds of orders of disposition may be made in

respect to children adjudicated in need of supervision or

delinquent:

1. The court may place the child on probation with or without

supervision in the home of the child, or in the custody of a

suitable person, upon such conditions as the court shall determine.

If the child is placed on probation in a county having a juvenile

bureau, the court may impose a probation fee of not more than

Twenty-five Dollars ($25.00) per month, if the court finds that the

child or parent or legal guardian of the child has the ability to

pay the fee. In counties having a juvenile bureau, the fee shall be

paid to the juvenile bureau; in all other counties, no fee shall be

paid to the Office of Juvenile Affairs;

2. If it is consistent with the welfare of the child, the child

shall be placed with the parent or legal guardian of the child, but

if it appears to the court that the conduct of such parent,

guardian, legal guardian, stepparent or other adult person living in

the home has contributed to the child becoming delinquent or in need

of supervision, the court may issue a written order specifying

conduct to be followed by such parent, guardian, legal custodian,

stepparent or other adult person living in the home with respect to

such child. The conduct specified shall be such as would reasonably

prevent the child from continuing to be delinquent or in need of

supervision.

a. If it is consistent with the welfare of the child, in

cases where the child has been adjudicated to be in

need of supervision due to repeated absence from

school, the court may order counseling and treatment

for the child and the parents of the child to be

provided by the local school district, the county, the

Office or a private individual or entity. Prior to

final disposition, the court shall require that it be

shown by the appropriate school district that a child

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 309

found to be truant has been evaluated for learning

disabilities, hearing and visual impairments and other

impediments which could constitute an educational

handicap or has been evaluated to determine whether

the child has a disability if it is suspected that the

child may require special education services in

accordance with the Individuals with Disabilities

Education Act (IDEA). The results of such tests shall

be made available to the court for use by the court in

determining the disposition of the case.

b. In issuing orders to a parent, guardian, legal

guardian, stepparent or other adult person living in

the home of a child adjudicated to be a delinquent

child or in making other disposition of said

delinquent child, the court may consider the testimony

of said parent, guardian, legal guardian, stepparent

or other adult person concerning the behavior of the

juvenile and the ability of such person to exercise

parental control over the behavior of the juvenile.

c. In any dispositional order involving a child age

sixteen (16) or older, the court shall make a

determination, where appropriate, of the services

needed to assist the child to make the transition to

independent living.

d. No child who has been adjudicated in need of

supervision only upon the basis of truancy or

noncompliance with the mandatory school attendance law

shall be placed in a public or private institutional

facility or be removed from the custody of the lawful

parent, guardian or custodian of the child.

e. Nothing in the Oklahoma Juvenile Code or the Oklahoma

Children's Code may be construed to prevent a child

from being adjudicated both deprived and delinquent if

there exists a factual basis for such a finding;

3. The court may commit the child to the custody of a private

institution or agency, including any institution established and

operated by the county, authorized to care for children or to place
the Oklahoma Juvenile Code or the Oklahoma

Children's Code may be construed to prevent a child

from being adjudicated both deprived and delinquent if

there exists a factual basis for such a finding;

3. The court may commit the child to the custody of a private

institution or agency, including any institution established and

operated by the county, authorized to care for children or to place

them in family homes. In committing a child to a private

institution or agency, the court shall select one that is licensed

by any state department supervising or licensing private

institutions and agencies; or, if such institution or agency is in

another state, by the analogous department of that state. Whenever

the court shall commit a child to any institution or agency, it

shall transmit with the order of commitment a summary of its

information concerning the child, and such institution or agency

shall give to the court such information concerning the child as the

court may at any time require;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 310

4. The court may order the child to receive counseling or other

community-based services as necessary;

5. The court may commit the child to the custody of the Office

of Juvenile Affairs. Any order adjudicating the child to be

delinquent and committing the child to the Office of Juvenile

Affairs shall be for an indeterminate period of time;

6. If the child has been placed outside the home, and it

appears to the court that the parent, guardian, legal custodian, or

stepparent, or other adult person living in the home has contributed

to the child becoming delinquent or in need of supervision, the

court may order that the parent, guardian, legal custodian,

stepparent, or other adult living in the home be made subject to any

treatment or placement plan prescribed by the Office or other person

or agency receiving custody of the child;

7. With respect to a child adjudicated a delinquent child, the

court may:

a. for acts involving criminally injurious conduct as

defined in Section 142.3 of Title 21 of the Oklahoma

Statutes, order the child to pay a victim compensation

assessment in an amount not to exceed that amount

specified in Section 142.18 of Title 21 of the

Oklahoma Statutes. The court shall forward a copy of

the adjudication order to the Crime Victims

Compensation Board for purposes of Section 142.11 of

Title 21 of the Oklahoma Statutes. Except as

otherwise provided by law, such adjudication order

shall be kept confidential by the Board,

b. order the child to engage in a term of community

service without compensation. The state or any

political subdivision shall not be liable if a loss or

claim results from any acts or omission of a child

ordered to engage in a term of community service

pursuant to the provisions of this paragraph,

c. order the child, the parent or parents of the child,

legal guardian of the child, or both the child and the

parent or parents of the child or legal guardian at

the time of the delinquent act of the child to make

full or partial restitution to the victim of the

offense which resulted in property damage or personal

injury.
of community service

pursuant to the provisions of this paragraph,

c. order the child, the parent or parents of the child,

legal guardian of the child, or both the child and the

parent or parents of the child or legal guardian at

the time of the delinquent act of the child to make

full or partial restitution to the victim of the

offense which resulted in property damage or personal

injury.

(1) The court shall notify the victim of the

dispositional hearing. The court may consider a

verified statement from the victim concerning

damages for injury or loss of property and actual

expenses of medical treatment for personal

injury, excluding pain and suffering. If

contested, a restitution hearing to determine the

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 311

liability of the child, the parent or parents of

the child, or legal guardian shall be held not

later than thirty (30) days after the disposition

hearing and may be extended by the court for good

cause. The parent or parents of the child or

legal guardian may be represented by an attorney

in the matter of the order for remittance of the

restitution by the parent or parents of the child

or legal guardian. The burden of proving that

the amount indicated on the verified statement is

not fair and reasonable shall be on the person

challenging the fairness and reasonableness of

the amount.

(2) Restitution may consist of monetary reimbursement

for the damage or injury in the form of a lump

sum or installment payments after the

consideration of the court of the nature of the

offense, the age, physical and mental condition

of the child, the earning capacity of the child,

the parent or parents of the child, or legal

guardian, or the ability to pay, as the case may

be. The payments shall be made to such official

designated by the court for distribution to the

victim. The court may also consider any other

hardship on the child, the parent or parents of

the child, or legal guardian and, if consistent

with the welfare of the child, require community

service in lieu of restitution or require both

community service and full or partial restitution

for the acts of delinquency by the child.

(3) A child who is required to pay restitution and

who is not in willful default of the payment of

restitution may at any time request the court to

modify the method of payment. If the court

determines that payment under the order will

impose a manifest hardship on the child, the

parent or parents of the child, or legal

guardian, the court may modify the method of

payment.

(4) If the restitution is not being paid as ordered,

the official designated by the court to collect

and disburse the restitution ordered shall file a

written report of the violation with the court.

The report shall include a statement of the

amount of the arrearage and any reasons for the

arrearage that are known by the official. A copy

of the report shall be provided to all parties

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 312

and the court shall promptly take any action

necessary to compel compliance.
shall file a

written report of the violation with the court.

The report shall include a statement of the

amount of the arrearage and any reasons for the

arrearage that are known by the official. A copy

of the report shall be provided to all parties

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 312

and the court shall promptly take any action

necessary to compel compliance.

(5) Upon the juvenile attaining eighteen (18) years

of age, the court shall determine whether the

restitution order has been satisfied. If the

restitution order has not been satisfied, the

court shall enter a judgment of restitution in

favor of each person entitled to restitution for

the unpaid balance of any restitution ordered

pursuant to this subparagraph. The clerk of the

court shall send a copy of the judgment of

restitution to each person who is entitled to

restitution. The judgment shall be a lien

against all property of the individual or

individuals ordered to pay restitution and may be

enforced by the victim or any other person or

entity named in the judgment to receive

restitution in the same manner as enforcing

monetary judgments. The restitution judgment

does not expire until paid in full and is deemed

to be a criminal penalty for the purposes of a

federal bankruptcy involving the child,

d. order the child to pay the fine which would have been

imposed had such child been convicted of such crime as

an adult. Any such fine collected pursuant to this

paragraph shall be deposited in a special Work

Restitution Fund to be established by the court to

allow children otherwise unable to pay restitution to

work in community service projects in the private or

public sector to earn money to compensate their

victims,

e. order the cancellation or denial of driving privileges

as provided by Sections 6-107.1 and 6-107.2 of Title

47 of the Oklahoma Statutes,

f. sanction detention in the residence of the child or

facility designated by the Office of Juvenile Affairs

or the juvenile bureau for such purpose for up to five

(5) days, order weekend detention in a place other

than a juvenile detention facility or shelter,

tracking, or house arrest with electronic monitoring,

and

g. impose consequences, including detention as provided

for in subparagraph f of this paragraph, for

postadjudicatory violations of probation;

8. The court may order the child to participate in the Juvenile

Drug Court Program;

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9. The court may dismiss the petition or otherwise terminate

its jurisdiction at any time for good cause shown; and

10. In any dispositional order removing a child from the home

of the child, the court shall, in addition to the findings required

by Section 2-2-105 of this title, make a determination that, in

accordance with the best interests of the child and the protection

of the public, reasonable efforts have been made to provide for the

return of the child to the home of the child, or that efforts to

reunite the family are not required as provided in Section 2-2-105

of this title, and reasonable efforts are being made to finalize an

alternate permanent placement for the child.

B. Prior to adjudication or as directed by a law enforcement

subpoena or court order, a school district may disclose educational

records to the court or juvenile justice system for purposes of

determining the ability of the juvenile justice system to

effectively serve a child. Any disclosure of educational records

shall be in accordance with the requirements of the Family

Educational Rights and Privacy Act of 1974 (FERPA). If the parent,

guardian, or custodian of a child adjudicated a delinquent child

asserts that the child has approval not to attend school pursuant to

Section 10-105 of Title 70 of the Oklahoma Statutes, the court or

the Office of Juvenile Affairs may require the parent to provide a
s

shall be in accordance with the requirements of the Family

Educational Rights and Privacy Act of 1974 (FERPA). If the parent,

guardian, or custodian of a child adjudicated a delinquent child

asserts that the child has approval not to attend school pursuant to

Section 10-105 of Title 70 of the Oklahoma Statutes, the court or

the Office of Juvenile Affairs may require the parent to provide a

copy of the written, joint agreement to that effect between the

school administrator of the school district where the child attends

school and the parent, guardian, or custodian of the child.

C. With respect to a child adjudicated a delinquent child for a

violent offense, within thirty (30) days of the date of the

adjudication either the juvenile bureau in counties which have a

juvenile bureau or the Office of Juvenile Affairs in all other

counties shall notify the superintendent of the school district in

which the child is enrolled or intends to enroll of the delinquency

adjudication and the offense for which the child was adjudicated.

D. No child who has been adjudicated in need of supervision may

be placed in a secure facility.

E. No child charged in a state or municipal court with a

violation of state or municipal traffic laws or ordinances, or

convicted therefor, may be incarcerated in jail for the violation

unless the charge for which the arrest was made would constitute a

felony if the child were an adult. Nothing contained in this

subsection shall prohibit the detention of a juvenile for traffic-

related offenses prior to the filing of a petition in the district

court alleging delinquency as a result of the acts and nothing

contained in this section shall prohibit detaining a juvenile

pursuant to Section 2-2-102 of this title.

F. The court may revoke or modify a disposition order and may

order redisposition. The child whose disposition is being

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 314

considered for revocation or modification at said hearing shall be

afforded the following rights:

1. Notice by the filing of a motion for redisposition by the

district attorney. The motion shall be served on the child and the

parent or legal guardian of the child at least five (5) business

days prior to the hearing;

2. The proceedings shall be heard without a jury and shall

require establishment of the facts alleged by a preponderance of the

evidence;

3. During the proceeding, the child shall have the right to be

represented by counsel, to present evidence, and to confront any

witness testifying against the child;

4. Any modification, revocation or redisposition removing the

child from the physical custody of a parent or guardian shall be

subject to review on appeal, as in other appeals of delinquent

cases;

5. If the child is placed in secure detention, bail may be

allowed pending appeal; and

6. The court shall not enter an order removing the child from

the custody of a parent or legal guardian pursuant to this section

unless the court first finds that reasonable efforts have been made

to maintain the family unit and prevent the unnecessary removal of

the child from the home of the child or that an emergency exists

which threatens the safety of the child and that:

a. such removal is necessary to protect the public,

b. the child is likely to sustain harm if not immediately

removed from the home,

c. allowing the child to remain in the home is contrary

to the welfare of the child, or

d. immediate placement of the child is in the best

interests of the child.

The court shall state in the record that such considerations

have been made. Nothing in this section shall be interpreted to

limit the authority or discretion of the agency providing probation

supervision services to modify the terms of probation including, but

not limited to, curfews, imposing community service, or any

nondetention consequences.

G. A willful violation of any provision of an order of the
ll state in the record that such considerations

have been made. Nothing in this section shall be interpreted to

limit the authority or discretion of the agency providing probation

supervision services to modify the terms of probation including, but

not limited to, curfews, imposing community service, or any

nondetention consequences.

G. A willful violation of any provision of an order of the

court issued under the provisions of the Oklahoma Juvenile Code

shall constitute indirect contempt of court and shall be punishable

by a fine not to exceed Three Hundred Dollars ($300.00) or, as to a

delinquent child, placement in a juvenile detention center for not

more than ten (10) days, or by both such fine and detention.