1. A.

   1. 1. Whenever the court transfers custody of a child as provided in this article, the person, institution, agency, or Department 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 food, clothing, shelter, medical care, education, and discipline for the child. The court shall complete a form approved by the Oklahoma Supreme Court to verify information that has been considered prior to the custody transfer. Except for an emergency psychiatric admission pursuant to the Inpatient Mental Health Treatment of Children Act, said person, institution, agency or department may provide or arrange for the provision of an inpatient mental health evaluation or inpatient mental health treatment of such child only pursuant to a court order as provided by the Inpatient Mental Health Treatment of Children Act. Nothing in this subsection shall be interpreted to prohibit or preclude the provision of outpatient mental health services, including an outpatient mental health examination, counseling, educational, rehabilitative or other similar services to said child, as necessary and appropriate, in the absence of a specific court order for such services.
   2. 2. The medical care, surgery and extraordinary care shall be charged to the appropriate agency where the child qualifies for the care under law, rule, regulation or administrative order or decision.

   3. 3. Nothing in this subsection shall be interpreted to:

      1. a. relieve a parent of the obligation to provide for the support of the child as otherwise provided by law, or
      2. 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 mental health care or treatment, to the person, institution, agency or Department having custody of the child, or
      3. c. abrogate the right of the child to any benefits provided through public funds for which the child is otherwise eligible.
   4. 4. No person, agency or institution shall be liable in a civil suit for damages for authorizing or not authorizing surgery or extraordinary care in instances where an emergency exists, as determined by competent medical authority.

2. B.

   1. 1. If the child is placed in the custody of the Department of Human Services, whether in emergency, temporary or permanent custody, the Department shall determine the appropriate placement of the child. However, under no circumstances may the Department of Human Services return a child to a parent that contributed to the child being deprived due to abuse or neglect, without prior approval of the court. Any change in the placement of a child adjudicated to be deprived shall be in accord with the provisions of subsection F of Section 7003-5.6 of this title.
   2. 2. The person, institution, agency, or Department having legal custody of a child pursuant to an order of the court shall receive notice of court proceedings regarding the child as provided in Part 3 and Part 5 of this article and shall be allowed to intervene upon application as a party to all court proceedings pertaining to the care and custody of the child including, but not limited to: adjudication, disposition, review of disposition, termination of parental rights and proceedings pursuant to the Inpatient Mental Health Treatment of Children Act.

Laws 1968, SB 446, c. 282, § 117, eff. January 13, 1969; Amended by Laws 1983, SB 283, c. 328, § 6, emerg. eff. June 28, 1983; Amended by Laws 1990, HB 2354, c. 302, § 8, eff. September 1, 1990; Amended by Laws 1992, HB 1544, c. 298, § 29, eff. July 1, 1993; Amended by Laws 1994, HB 1989, c. 15, § 2, eff. September 1, 1994; Amended by Laws 1995, HB 1978, c. 352, § 38, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1117 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1996, HB 2428, c. 3, § 2, emerg. eff. March 6, 1996; Amended by Laws 1996, HB 2053, c. 200, § 10, eff. November 1, 1996.