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