1. A. In any postadjudicatory hearing concerning the status of a child, the court, if the court determines the parent is able to pay, shall order the parents of any child found to be a deprived child to:

   1. 1.

      1. a. Pay for the care and maintenance of the child, including, but not limited to, all or some part of placement services, medical care and mental health services, as authorized by law.
      2. b. If there is an existing order for support, the existing order shall remain in effect unless the court finds the order is not in the best interests of the child involved. If the court finds the order is not in the best interests of the child, or there is not an existing order for the parent to pay support, the court shall, pursuant to Sections 118 and 119 of Title 43 of the Oklahoma Statutes, determine the amount the parent is to pay for the care and maintenance of the child and issue an order describing the court’s finding.
      3. c. The court shall order the parent to provide medical insurance whenever the parent has insurance available through employment or other group plan, regardless of whether insurance is available at the time the order is entered.
      4. d. The support order shall contain an immediate income assignment provision pursuant to Section 115 of Title 43 of the Oklahoma Statutes.
      5. e. A child support computation form as provided for in Section 120 of Title 43 of the Oklahoma Statutes shall be signed by the judge and incorporated as a part of the child support order.
      6. f. The support order shall be a separate order and shall not be confidential.
      7. g. The support order may be modified upon a material change in circumstances.
      8. h. The support order may be enforced by any method allowed by law.
      9. i. After the juvenile action is dismissed, unless the court orders otherwise, the support order shall be filed under a new district court case number and continue to be enforced for current support and arrears;
   2. 2. Reimburse the Department of Human Services, in whole or in part, for any costs and expenses incurred by the Department in providing any services or authorizing actions taken pursuant to the Oklahoma Children's Code for the child;
   3. 3. Reimburse any law enforcement agency, in whole or in part, for any costs or expenses incurred by the law enforcement agency for protective custody services or other authorized actions taken pursuant to the Oklahoma Children's Code; and
   4. 4. Reimburse the court fund, in whole or in part, for any disbursements made from the court fund in conjunction with the case, including, but not limited to, court-appointed attorney fees, expert witness fees, sheriff's fees, witness fees, transcripts and postage.

2. B.

   1. 1. After a judicial determination that the parent of the child is able to pay, in whole or in part, the costs and reimbursements specified by this section, the court shall order payment of the costs and reimbursements. The court may order such payments and reimbursements to be paid in installments and shall set the amount and due date of each installment.
   2. 2. When any parent is financially able but has willfully failed to pay the costs and reimbursements as ordered by the court pursuant to this section, the parent may be held in contempt of court and, upon conviction, shall be punished pursuant to Section 566 of Title 21 of the Oklahoma Statutes.
   3. 3. Even though the court has previously found the parent indigent, if a parent is subsequently found to be financially able to pay costs and reimbursements, the court shall require payment of costs and reimbursements required by this section. The court may order such costs and reimbursements to be paid in installments.
3. C. The court shall have all powers incident to such orders necessary for their enforcement, including the power and authority to require bond or other security for the payment of such order; and may resort to execution and the power of punishment for contempt for noncompliance with such order.
4. D. The court shall have the right to increase, decrease, or otherwise modify its orders for care and maintenance, as the conditions or needs of the child or children may require and the ability of the person or persons held to pay may afford.

5. E.

   1. 1. The court may order support payments to be made direct to the person, organization or institution having the care and custody of the child or children, or directly to the clerk of the court.
   2. 2. All such funds ordered and paid to the clerk shall be accounted for; provided, that when payments are made in advance for any child, and custody of the court is terminated before the end of the period, then the clerk may refund, by proper voucher, the unused or unaccrued portion of such payment; or the refund may be authorized and paid on claim properly verified and approved by the judge.

6. F.

   1. 1. The Department may effectuate an order for payment of any costs and expenses authorized pursuant to this section against any asset of the parent. Any assignment, attachment, garnishment, or lien against such assets shall be served upon the person in possession of the assets or shall be recorded in the office of the county clerk in the county in which the parent resides or in which the asset is located.
   2. 2. Pursuant to the provisions of Section 236 of Title 56 of the Oklahoma Statutes, the Department may contract on a contingency fee basis with private attorneys for the collection and enforcement of orders against such assets. Any such third-party payment shall be paid directly to the Department.

Added by Laws 1968, SB 446, c. 282, § 121, eff. January 13, 1969; Amended by Laws 1990, HB 2354, c. 302, § 10, eff. September 1, 1990; Amended by Laws 1994,HB 2650, c. 290, § 43, eff. July 1, 1994; Amended by Laws 1995, HB 1978, c. 352, § 46, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1121 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1996, HB 2960, c. 353, § 19, eff. November 1, 1996; Amended by Laws 2001, SB 675, c. 407, § 1, emerg. eff. July 1, 2001 (superseded document available).