Multiple Amendments Enacted During the 2002 Legislative Session Version One (as amended by Laws 2002, HB 2149, c. 327, § 16, emerg. eff. July 1, 2002, repealed by Laws 2003, HB 1816, c. 3, § 6, emerg. eff. March 19, 2003) A. A child may be taken into protective custody prior to the filing of a petition: 1. By a peace officer or employee of the court, without a court order if the child's surroundings are such as to endanger the welfare of the child or if continuation of the child in the child’s home is contrary to the health, safety or welfare of the child; 2. By an order of the district court issued upon the application of the office of the district attorney. The court shall include in the order a specific determination that continuation of the child in the child’s home is contrary to the health, safety or welfare of the child. 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 there is reasonable suspicion to believe the child is in need of protection due to abandonment, abuse or neglect, or is in surroundings that are such as to endanger the welfare of the child. The application may be verbal. If verbal, a written application shall be submitted to the district court within one (1) judicial day from the issuance of the order; 3. By order of the district court when the child is in need of medical or mental health treatment in order to protect the child's health, safety or welfare and the child's parent, legal guardian, custodian or other person having custody or control of the child is unwilling or unavailable to consent to such medical or mental health treatment or other action pursuant to this article. The court shall specifically include in the order authorization for such medical or mental health treatment as it deems necessary. The court shall include in the order a specific determination that continuation of the child in the child’s home is contrary to the health, safety or welfare of the child; and 4. Pursuant to the provisions of Section 7115.1 of this title. B. Whenever a child is taken into protective custody: 1. Such child may be taken to a children's shelter located within the county where protective custody is assumed or, if there is no children's shelter within the county, to a children's shelter designated by the court; 2. Except as otherwise provided by subsection C of this section, such child may be taken before a judge of the district court for the purpose of obtaining an order for protective custody. The court may place the child in the custody of the Department of Human Services. The Department may place the child in a kinship foster care home, another foster home or other suitable placement that is determined by the Department to meet the needs of the child; 3. Such child may be taken directly to or retained in a health care facility for medical treatment, when it reasonably appears to the peace officer or court employee that the child is in need of emergency medical treatment to maintain the child's health, or as otherwise directed by the court; or 4. Such child may be taken directly to or retained in a mental health or substance abuse 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 it reasonably appears to the peace officer or court employee that the child is in need of emergency mental health care to preserve the child's health, or as otherwise directed by the court; and 5. Except as otherwise provided by subsection C of this section, the district court of the county where the protective custody is assumed shall be immediately notified, verbally or in writing, that the child has been taken into protective custody. If notification is verbal, written notification shall be sent to the district court within one (1) judicial day of such verbal notification. C. The court may provide, in an order issued pursuant to this section or by a standing order or rule, for the disposition of children taken into protective custody and notification of the protective custody. Such order or rule shall be consistent with the provisions of subsection B of this section, but may also: 1. Designate a licensed child care facility other than a children's shelter appropriate for the temporary care of deprived children if such facility is willing to provide care; 2. Authorize the release of a child from protective custody in accord with such criteria as the court specifies or the placement of a child with such responsible persons as the court may designate and who are willing to provide care for the child pending further proceedings; and 3. Require such notice to the court concerning the assumption of protective custody and the disposition of children taken into protective custody as the court may direct. D. No child taken into protective custody pursuant to this section shall be confined in any jail, adult lockup, or adult or juvenile detention facility. No child shall be transported or detained in a secure facility in association with delinquent, criminal, vicious, or dissolute persons. Version Two (as amended by Laws 2002, SB 1329, c. 445, § 5, eff. November 1, 2002) 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 child's surroundings are such as to endanger the welfare of the child or if continuation of the child in the child’s home is contrary to the health, safety or welfare of the child; 2. By an order of the district court issued upon the application of the office of the district attorney. The court shall include in the order a specific determination that continuation of the child in the child’s home is contrary to the health, safety or welfare of the child. 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 there is reasonable suspicion to believe the child is in need of protection due to abandonment, abuse or neglect, or is in surroundings that are such as to endanger the welfare of the child. The application may be verbal. If verbal, a written application shall be submitted to the district court within one (1) judicial day from the issuance of the order. a. When an order issued by the district court pursuant to this paragraph places the child in the emergency custody of the Department of Human Services pending further hearing specified by Section 7003-2.4 of this title, an employee of the Department may take the child into custody in the following limited circumstance: (1) the child is located in an educational or day care facility, (2) it is determined that assumption of the child’s custody from such facility is necessary to protect the child from risk of endangerment, and (3) assumption of the child’s custody from the facility can occur without a breach of the peace, otherwise the child shall be taken into custody by a peace officer or employee of the court. b. It is the intent of the Legislature that emergency custody of a child pursuant to a court order shall not occur at an educational or day care facility unless it is determined necessary to avoid endangerment to the child. The Department shall establish specific policies when an employee of the Department may take a child into emergency custody pursuant to a court order at an educational or day care facility; 3. By order of the district court when the child is in need of medical or mental health treatment in order to protect the child's health, safety or welfare and the child's parent, legal guardian, custodian or other person having custody or control of the child is unwilling or unavailable to consent to such medical or mental health treatment or other action pursuant to this article. The court shall specifically include in the order authorization for such medical or mental health treatment as it deems necessary. The court shall include in the order a specific determination that continuation of the child in the child’s home is contrary to the health, safety or welfare of the child; and 4. Pursuant to the provisions of Section 7115.1 of this title. B. Whenever a child is taken into custody pursuant to subsection A of this section: 1. The child may be taken 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, provided that the placement of an infant who appears to be or has been determined to have a medical condition or illness that falls within the placement protocol for at-risk infants established pursuant to subsection D of this section shall be taken to a location as provided in the placement protocol; 2. Except as otherwise provided by subsection C of this section, the child may be taken before a judge of the district court for the purpose of obtaining an order for emergency custody. The court may place the child in the emergency custody of the Department of Human Services pending further hearing specified by Section 7003-2.4 of this title. The Department may place the child in a kinship foster care home, another foster home or other suitable placement that is determined by the Department to meet the needs of the child, provided that the placement of an infant who appears to be or has been determined to have a medical condition or illness that falls within the placement protocol for at-risk infants established pursuant to subsection D of this section shall be taken to a location as provided in the placement protocol; 3. The child may be taken directly to or retained in a health care facility for medical treatment, when it reasonably appears to the peace officer or court employee that 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 mental health facility for mental health care, or inpatient mental health evaluation or inpatient mental health treatment, in accordance with the provisions of the Inpatient Mental Health Treatment of Children Act, when it reasonably appears to the peace officer or court employee that the child is in need of emergency mental health care to preserve the child's health, or as otherwise directed by the court; and 5. Except as otherwise provided by subsection C of this section, the district court of the county where the emergency 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. C. The court may provide, in an order issued pursuant to this section or by a standing order or rule, for the disposition of children taken into emergency custody and notification of the custody. Such order or rule shall be consistent with the provisions of subsection B of this section, but may also: 1. Designate a licensed child care facility other than a children's shelter appropriate for the temporary care of deprived children if such facility is willing to provide care, provided that the placement of an infant who appears to be or has been determined to have a medical condition or illness that falls within the placement protocol for at-risk infants established pursuant to subsection D of this section shall be taken to a location as provided in the placement protocol; 2. Authorize the release of a child from custody in accord with such criteria as the court specifies or the placement of a child with such responsible persons as the court may designate and who are willing to provide care for the child pending further proceedings; and 3. Require such notice to the court concerning the assumption of custody and the disposition of children taken into custody as the court may direct. D. 1. The Department of Human Services shall establish by rule a placement protocol for at-risk infants. 2. Factors for determining at-risk infants include, but are not limited to: a. premature infants, b. history of respiratory distress, c. oxygen dependency, d. diagnosis requiring special care beyond routine infant care, e. infants under six (6) weeks of age, and f. medical conditions or illnesses of the infants that without protocol placements may result in increased episodes of illness, prolonged hospitalization and increased cost for care. 3. Appropriate placement pursuant to this subsection of at-risk infants shall include, but not be limited to, foster care, approved kinship foster care and health care facilities. A children’s shelter shall not be deemed to be an appropriate placement for at-risk infants unless the shelter meets the placement protocol. 4. If the at-risk infant is in a hospital setting, the infant may be placed in another appropriate placement pursuant to this subsection, only upon the release of the infant from the hospital by the infant’s primary physician. E. No child taken into custody pursuant to this section shall be confined in any jail, adult lockup, or adult or juvenile detention facility. No child shall be transported or detained in a secure facility in association with delinquent, criminal, vicious, or dissolute persons.

Laws 1968, SB 446, c. 282, § 107, eff. January 13, 1969; Amended by Laws 1969, HB 1211, c. 283, § 1, emerg. eff. April 25, 1969; Amended by Laws 1973, c. 27, § 1, emerg. eff. April 18, 1973; Amended by Laws 1976, SB 245, c. 102, § 1, emerg. eff. May 12, 1976; Amended by Laws 1977, HB 1121, c. 259, § 8, eff. October 1, 1977; Amended by Laws 1980, SB 574, c. 169, § 1, eff. January 1, 1981; Amended by Laws 1981, SB 112, c. 238, § 2, eff. October 1, 1981; Amended by Laws 1982, HB 1468, c. 312, § 17, eff. October 1, 1982; Amended by Laws 1989, SB 292, c. 363, § 3, eff. November 1, 1989; Amended by Laws 1990, HB 2354, c. 302, § 5, eff. September 1, 1990; Amended by Laws 1990, HB 1815, c. 238, § 5 (repealed by Laws 1991, HB 1762, c. 335, § 36, emerg. eff. June 15, 1991); Amended by Laws 1992, HB 1544, c. 298, § 20, eff. July 1, 1993; Amended by Laws 1993, HB 1578, c. 208, § 2 (repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994); Amended by Laws 1993, SB 177, c. 320, § 1 (repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994); Amended by Laws 1993, SB 371, c. 342, § 5, emerg. eff. July 1, 1993; Amended by Laws 1994, c. 2, § 2, emerg. eff. March 2, 1994; Amended by Laws 1994, HB 2640, c. 290, § 34, eff. July 1, 1994; Amended by Laws 1995, SB 266, c. 217, § 3, emerg. eff. July 1, 1995; Amended by Laws 1995, HB 1978, c. 352, § 10, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1107 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 2000, HB 2452, c. 374, § 9, emerg. eff. July 1, 2000 (superseded document available); Amended by Laws 2001, HB 1122, c. 143, § 1, emerg. eff. April 30, 2001 (superseded document available); Amended by Laws 2002, HB 2149, c. 327, § 16, emerg. eff. July 1, 2002 (repealed by Laws 2003, c. 3, § 6 , emerg. eff. March 19, 2003); Amended by Laws 2002, SB 1329, c. 445, § 5, eff. November 1, 2002 (superseded document available ).