Duties and rights of persons or agencies receiving custody - Exception.

  1. Law
  2. Oklahoma Statutes
  3. Children and Juvenile Code
  4. Duties and rights of persons or agencies receiving custody - Exception.

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A. This section applies to persons, institutions, or agencies, other than the Department of Human Services, which receive custody of a child pursuant to a court order as provided by the Oklahoma Children's Code.

B. 1. The person, institution, or agency receiving custody shall have the right to, and shall be responsible for, the care and control of the child, and shall have the duty and authority to provide the following for the child:

  • a.food, clothing, and shelter,
  • b.medical care as authorized by the court,
  • c.education and discipline, and
  • d.encouragement of the emotional and developmental growth of the child by allowing the child to participate in age-appropriate and developmentally appropriate extracurricular, enrichment, cultural, and social activities, using a reasonable and prudent parent standard.

2. The person, institution, or agency may provide or arrange for the emergency admission, inpatient evaluation, or inpatient treatment of a child only pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act. Nothing in this subsection shall be interpreted to prohibit or preclude the provision of outpatient behavioral health services, including an outpatient examination, counseling, educational, rehabilitative or other similar services to such child, as necessary and appropriate, in the absence of a specific court order for such services.

3. Nothing in this subsection shall be interpreted to:

  • a.relieve a parent of the obligation to provide for the support of the child as otherwise provided by law, or
  • b.limit the authority of the court to order a parent to make support payments or to make payments or reimbursements for medical care or treatment, including behavioral health care or treatment, to the person, institution, or agency having custody of the child, or
  • c.abrogate the right of the child to any benefits provided through public funds for which the child is otherwise eligible.

4. No person, agency, or institution shall be liable in a civil suit for damages for authorizing or not authorizing medical care, as determined by competent medical authority.

C. 1. If the child is placed in the custody of a person, institution, or agency, whether in emergency, temporary, or permanent custody, the person, institution, or agency shall ensure the child is not returned to the care or supervision of any person from whom the child was removed or to any person the court has previously ordered not to have contact with the child without specific authorization from the court.

2. The person, institution, or agency having legal custody of a child pursuant to an order of the court shall receive notice of court proceedings regarding the child and shall be allowed to intervene upon application as a party to all court proceedings pertaining to the care and custody of the child.

D. This section shall not apply when a parent or legal custodian executes a power of attorney to delegate parental or legal authority as authorized by Section 700 of Title 10 of the Oklahoma Statutes.

Added by Laws 1968, c. 282, § 117, eff. Jan. 13, 1969. Amended by Laws 1983, c. 328, § 6, emerg. eff. June 28, 1983; Laws 1990, c. 302, § 8, eff. Sept. 1, 1990; Laws 1992, c. 298, § 29, eff. July 1, 1993; Laws 1994, c. 15, § 2, eff. Sept. 1, 1994; Laws 1995, c. 352, § 38, eff. July 1, 1995. Renumbered from § 1117 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1996, c. 3, § 2, emerg. eff. March 6, 1996; Laws 1996, c. 200, § 10, eff. Nov. 1, 1996; Laws 1997, c. 386, § 7, emerg. eff. June 10, 1997; Laws 1998, c. 421, § 25, emerg. eff. June 11, 1998; Laws 2002, c. 327, § 19, eff. July 1, 2002; Laws 2009, c. 233, § 51, emerg. eff. May 21, 2009. Renumbered from § 7003-7.1 of Title 10 by Laws 2009, c. 233, § 275, emerg. eff. May 21, 2009. Amended by Laws 2014, c. 172, § 4, emerg. eff. April 28, 2014; Laws 2015, c. 173, § 6, eff. Nov. 1, 2015.

NOTE: Laws 1995, c. 353, § 17 repealed by Laws 1996, c. 3, § 25, emerg. eff. March 6, 1996.


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