Okla. Admin. Code § 340:75-1-14

Current through Vol. 42, No. 7, December 16, 2024

Section 340:75-1-14 - Legal system related to child welfare services

(a)Enforcement authority. Pursuant to Section 1-1-104 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-104), the Attorney General, the district attorney of the appropriate district, and any other law enforcement official having jurisdiction has the authority to bring civil actions against any person, officer or department, board, commission, or other entity, to enforce the provisions of the Oklahoma Children's Code, or to enforce any of the laws of this state protecting or applying in any way to a child removed from the custody of the lawful parent of the child by a disposition order of the court.

(b)Legal considerations. When a child requires legal protection, a judge responsible for deprived cases is assigned to the case. When criminal prosecution of the perpetrator of child abuse or neglect is warranted, a judge responsible for criminal matters is assigned to the case.

(c)Deprived proceedings. The focus of the court in cases of child abuse and neglect is the welfare of the child in the total context of the family. This focus requires social service professionals and the court to work closely with one another toward the goal of protecting the child and determining the appropriate response. The court has a range of choices available to rehabilitate the family and protect the child. The court may enter orders in cases of child abuse or neglect:

(1) returning the child home under Oklahoma Department of Human Services protective supervision;

(2) temporarily ordering the child placed out of the home until the behaviors of the parent or legal guardian provide safety for the child; or

(3) permanently removing the child from the home and terminating parental rights when:

(A) the parent is unwilling or unable to provide care and protection for the child; or

(B) when certain circumstances exist indicating the child cannot safely return to the home.

Okla. Admin. Code § 340:75-1-14

Amended at 11 Ok Reg 361, eff 10-15-93 (emergency); Amended at 11 Ok Reg 2267, eff 5-26-94; Amended at 13 Ok Reg 967, eff 1-24-96 (emergency); Amended at 13 Ok Reg 2199, eff 6-14-96; Amended at 16 Ok Reg 1052, eff 4-26-99; Amended at 18 Ok Reg 393, eff 12-8-00 (emergency); Amended at 18 Ok Reg 2128, eff 6-11-01; Amended at 19 Ok Reg 2208, eff 6-27-02; Amended at 27 Ok Reg 1092, eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10; Amended at 28 Ok Reg 894, eff 7-1-11; Amended at 30 Ok Reg 839, eff 7-1-13