SB 1773

1STATE OF OKLAHOMA
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22nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1773  By: Jett
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6AS INTRODUCED
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7An Act relating to emergency custody of children;
7amending 10A O.S. 2021, Section 1-4-201, which
8relates to circumstances authorizing taking a child
8into custody; creating misdemeanor offense for filing
9of affidavit containing a false statement;
9establishing penalties; authorizing certain civil
10action; authorizing party to request certain hearing;
10authorizing party to use certain evidence to attack
11credibility of witness; updating statutory
11references; and providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15     SECTION 1.        AMENDATORY     10A O.S. 2021, Section 1-4-201, is
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16 amended to read as follows:
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17     Section 1-4-201.    A.   Pursuant to the provisions of this
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18 section, a child may be taken into custody prior to the filing of a
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19 petition:
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20     1.   By a peace officer or employee of the court, without a court
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21 order if the officer or employee has reasonable suspicion that:
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22a.     the child is in need of immediate protection due to an
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23imminent safety threat,
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1b.      the circumstances or surroundings of the child are
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2such that continuation in the child’s home or in the
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3care or custody of the parent, legal guardian, or
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4custodian would present an imminent safety threat to
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5the child, or
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6c.      the child, including a child with a disability, is
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7unable to communicate effectively about abuse, neglect
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8or other safety threat or is in a vulnerable position
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9due to the inability to communicate effectively and
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10the child is in need of immediate protection due to an
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11imminent safety threat; or
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12    2.   By an order of the district court issued upon the
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13 application of the office of the district attorney.    The application
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14 presented by the district attorney may be supported by a sworn
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15 affidavit which may be based upon information and belief.    The
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16 application shall state facts sufficient to demonstrate to the court
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17 that a continuation of the child in the home or with the caretaker
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18 of the child is contrary to the child’s welfare and there is
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19 reasonable suspicion that:
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20a.      the child is in need of immediate protection due to an
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21imminent safety threat,
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22b.      the circumstances or surroundings of the child are
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23such that continuation in the child’s home or in the
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24care or custody of the parent, legal guardian, or
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1custodian would present an imminent safety threat to
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2the child, or
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3c.      the child, including a child with a disability, is
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4unable to communicate effectively about abuse, neglect
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5or other safety threat or is in a vulnerable position
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6due to the inability to communicate effectively and
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7the child is in need of immediate protection due to an
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8imminent safety threat.
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9 The application and order may be verbal and upon being advised by
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10 the district attorney or the court of the verbal order, law
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11 enforcement shall act on such order.      If verbal, the district
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12 attorney shall submit a written application and proposed order to
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13 the district court within one (1) judicial day from the issuance of
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14 the verbal order.    Upon approval, the application and order shall be
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15 filed with the court clerk; or
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16    3.   By order of the district court when the child is in need of
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17 medical or behavioral health treatment in order to protect the
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18 health, safety, or welfare of the child and the parent, legal
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19 guardian, or custodian of the child is unwilling or unavailable to
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20 consent to such medical or behavioral health treatment or other
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21 action, the court shall specifically include in the emergency order
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22 authorization for such medical or behavioral health evaluation or
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23 treatment as it deems necessary.
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1     B.   1.     Any person who knowingly or wantonly provides a false
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2 statement in an affidavit pursuant to this section shall, upon
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3 conviction, be guilty of a misdemeanor punishable by a fine not more
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4 than Five Hundred Dollars ($500.00), by imprisonment in the county
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5 jail not more than three (3) months, or by both such fine and
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6 imprisonment.
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7     2.   Such person shall be subject to a civil action for damages
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8 resulting from his or her false statement.
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9     3.   Any party may request a hearing to determine if a false
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10 statement has been provided to the court.      If a false statement has
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11 been provided, the state shall notify all parties in the case of the
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12 false statement and the person who provided the false statement to
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13 the court.      Such notice may be admitted as evidence in any trial or
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14 hearing to attack the credibility of the person who gave the false
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15 statement.
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16     C.   1.     By January 1, 2010, the Department of Human Services in
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17 consultation with law enforcement and the district courts shall
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18 develop and implement a system for joint response when a child is
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19 taken into protective custody by a peace officer pursuant to
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20 paragraph 1 of subsection A of this section.       The system shall
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21 include:
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22a.    designation of persons to serve as contact points for
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23peace officers, including at least one backup contact
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24for each initial contact point,
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1b.      a protocol for conducting a safety evaluation at the
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2scene where protective custody is assumed to determine
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3whether the child faces an imminent safety threat and,
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4if so, whether the child can be protected through
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5placement with relatives or others without the
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6Department assuming emergency custody,
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7c.      the development of reception centers for accepting
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8protective custody of children from peace officers
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9when the Department is unable to respond at the scene
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10within a reasonable time period,
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11d.      a protocol for conducting a safety evaluation at the
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12reception center within twenty-three (23) hours of the
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13assumption of protective custody of a child to
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14determine whether the child faces an imminent safety
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15threat and, if so, whether the child can be protected
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16through placement with relatives or others without the
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17Department assuming emergency custody, and
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18e.      a protocol, when the child cannot safely be left in
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19the home, for transporting a child to the home of a
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20relative, kinship care home, an emergency foster care
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21home, a shelter, or any other site at which the
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22Department believes the child can be protected,
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23provided that the Department shall utilize a shelter
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24only when the home of a relative, kinship care home,
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1or emergency foster care home is unavailable or
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2inappropriate.
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3    2.    Beginning January 1, 2010, no child taken into protective
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4 custody under paragraph 1 of subsection A of this section shall be
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5 considered to be in the emergency custody of the Department until
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6 the Department has completed a safety evaluation and has concluded
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7 that the child faces an imminent safety threat and the court has
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8 issued an order for emergency custody.
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9    3.    If the safety evaluation performed by the Department of a
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10 child taken into protective custody under paragraph 1 of subsection
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11 A of this section indicates that the child does not face an imminent
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12 safety threat, the Department shall restore the child to the custody
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13 and control of the parent, legal guardian, or custodian of the
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14 child.
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15    C. D.   When an order issued by the district court pursuant to
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16 subsection A of this section places the child in the emergency
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17 custody of the Department of Human Services pending further hearing
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18 specified by Section 1-4-203 of this title, an employee of the
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19 Department may execute such order and physically take the child into
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20 custody in the following limited circumstance:
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21    1.    The child is located in a hospital, school, or day care
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22 facility; and
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1     2.   It is believed that assumption of the custody of the child
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2 from the facility can occur without risk to the child or the
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3 employee of the Department.
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4 Otherwise, the order shall be executed and the child taken into
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5 custody by a peace officer or employee of the court.
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6     D. E.   The court shall not enter a prepetition emergency custody
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7 order removing a child from the home of the child unless the court
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8 makes a determination:
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9     1.   That an imminent safety threat exists and continuation in
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10 the home of the child is contrary to the welfare of the child; and
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11     2.   Whether reasonable efforts have been made to prevent the
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12 removal of the child from the child’s home; or
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13     3.   An absence of efforts to prevent the removal of the child
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14 from the home of the child is reasonable because the removal is due
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15 to an emergency and is for the purpose of providing for the safety
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16 and welfare of the child.
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17     E. F.   Whenever a child is taken into custody pursuant to this
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18 section:
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19     1.   The child may be taken to a kinship care home or an
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20 emergency foster care home designated by the Department, or if no
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21 such home is available, to a children’s shelter located within the
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22 county where protective or emergency custody is assumed or, if there
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23 is no children’s shelter within the county, to a children’s shelter
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24 designated by the court;
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1     2.     Unless otherwise provided by administrative order entered
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2 pursuant to subsection F G of this section, the child may be taken
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3 before a judge of the district court or the court may be contacted
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4 verbally for the purpose of obtaining an order for emergency
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5 custody.    The court may place the child in the emergency custody of
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6 the Department or some other suitable person or entity pending
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7 further hearing specified by Section 1-4-203 of this title;
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8     3.     The child may be taken directly to or retained in a health
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9 care facility for medical treatment, when the child is in need of
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10 emergency medical treatment to maintain the child’s health, or as
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11 otherwise directed by the court; or
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12     4.     The child may be taken directly to or retained in a
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13 behavioral health treatment facility for evaluation or inpatient
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14 treatment, in accordance with the provisions of the Inpatient Mental
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15 Health and Substance Abuse Treatment of Minors Act, when the child
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16 is in need of behavioral health care to preserve the child’s health,
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17 or as otherwise directed by the court; and
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18     5.     Unless otherwise provided by administrative order entered
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19 pursuant to subsection F G of this section, the district court of
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20 the county where the custody is assumed shall be immediately
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21 notified, verbally or in writing, that the child has been taken into
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22 custody.     If notification is verbal, written notification shall be
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23 sent to the district court within one (1) judicial day of such
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24 verbal notification.
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1    F. G.   The court may provide, in an administrative order issued
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2 pursuant to this section, for the disposition of children taken into
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3 custody and notification of the assumption of such custody.
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4    1.   Such order or rule shall be consistent with the provisions
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5 of subsection E F of this section and may include a process for
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6 release of a child prior to an emergency custody hearing.     The
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7 administrative order shall not include a provision to modify
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8 protective custody of a child to emergency custody of the Department
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9 upon admission of a child to a shelter; and
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10    2.   The administrative order may require joint training of peace
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11 officers and Department staff deemed necessary by the court to carry
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12 out the provisions of the administrative order.
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13    G. H.   No child taken into custody pursuant to this section
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14 shall be confined in any jail, adult lockup, or adult or juvenile
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15 detention facility.
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16    H. I.   When a determination is made by the Department that there
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17 is a significant risk of abuse or neglect, but there is not an
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18 imminent safety threat to the child, the Department may recommend a
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19 court-supervised and Department-monitored in-home placement.        The
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20 Department shall assist the family in obtaining the services
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21 necessary to maintain the in-home care and correct the conditions
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22 leading to the risk determination.
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23    I. J.   Any peace officer, employee of the court, or employee of
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24 the Department is authorized to transport a child when acting
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1 pursuant to this section.   Such persons and any other person acting
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2 under the direction of the court, who in good faith transports any
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3 child or carries out duties pursuant to this section, shall be
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4 immune from civil or criminal liability that may result by reason of
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5 such act.   For purposes of any proceedings, civil or criminal, the
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6 good faith of any such person shall be presumed.    This provision
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7 shall not apply to damage or injury caused by the willful, wanton or
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8 gross negligence or misconduct of a person.
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9    J. K.    A parent or person responsible for the child who is
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10 arrested on a charge or warrant other than child abuse or neglect or
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11 an act of child endangerment may designate another person to take
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12 physical custody of the child.   Upon this request, the peace officer
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13 may release the child to the physical custody of the designated
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14 person.
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15    SECTION 2.   This act shall become effective November 1, 2026.
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17    60-2-3398       BLB       1/14/2026 4:23:27 PM
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