Retention of custody and jurisdiction. A. Except as otherwise provided by law, all children adjudicated delinquent and committed to the Office of Juvenile Affairs shall be discharged at such time as the Office determines there is a reasonable probability that it is no longer necessary, either for the rehabilitation and treatment of the child, or for the protection of the public, that the Office retain legal custody. Following a hearing, the court may also order that a child adjudged delinquent and committed to the Office shall be discharged by the Office provided the child is on parole status and the court deems the discharge in the best interest of the child and public. The Office shall give a fifteen-day notice to the court and the district attorney before discharging from legal custody any child committed and confined in a secure facility. B. Except as otherwise provided by law, all children adjudged delinquent and committed to the Office of Juvenile Affairs and not discharged under subsection A of this section shall be discharged when the child becomes eighteen (18) years of age, unless the Office is authorized by the court to retain custody of the child until nineteen (19) years of age. Upon the court's own motion or motion of the Office or the district attorney, which must be filed prior to the date the child becomes eighteen (18) years of age, the court, after notice to the delinquent child and to the parents and attorney of the child, may authorize the Office to retain custody of the child until the child reaches nineteen (19) years of age in order for the child to complete the previously adopted plan of rehabilitation or achieve reasonable treatment objectives. If the court sustains a motion to retain custody, the delinquent child during the extended period shall be considered as a child for purposes of receiving services from the Office and for the purposes of secure detention. If a child is in a juvenile detention facility pending placement and the court has ordered or the Office has requested that the Office retain custody of the child until the child reaches nineteen (19) years of age, the Office shall notify the juvenile detention facility at least five (5) days prior to the child's eighteenth birthday that the child will be remaining in the juvenile detention facility pending placement. If a criminal offense is committed by the individual during the extended period, the offense shall be considered as having been committed by an adult. Except to the extent necessary to effectuate the purposes of this section, an individual after age eighteen (18) years is considered an adult for purposes of other applicable law. C. The Office of Juvenile Affairs shall not place a child under ten (10) years of age in an institution maintained for delinquent children. D. The court may retain jurisdiction over a child adjudged delinquent beyond the age of eighteen (18) years to the extent necessary for the child to complete payment of court costs. The court may institute contempt proceedings pursuant to Sections 565 through 567 of Title 21 of the Oklahoma Statutes against any person adjudged delinquent and ordered to pay court costs who neglects or refuses to pay such court costs. Any child referred to in this subsection over whom the court retains jurisdiction solely for payment of court costs shall not be considered to be in the custody of or under the supervision of the Office of Juvenile Affairs. E. Following a hearing, the court may order that any child shall be discharged by the Office of Juvenile Affairs provided the child is on parole status and the court deems the discharge in the best interest of the child and public. The Office of Juvenile Affairs shall give a fifteen-day notice to the district attorney before discharging from legal custody any child committed and confined in a secure facility. Added by Laws 1968, c. 282, § 139, eff. Jan. 13, 1969. Amended by Laws 1977, c. 259, § 21, eff. Oct. 1, 1977; Laws 1981, c. 238, § 6, eff. Oct. 1, 1981; Laws 1985, c. 102, § 1, eff. Nov. 1, 1985; Laws 1986, c. 247, § 18, operative July 1, 1986; Laws 1992, c. 55, § 1, emerg. eff. April 11, 1992; Laws 1993, c. 342, § 9, eff. July 1, 1993; Laws 1994, c. 2, § 4, emerg. eff. March 2, 1994; Laws 1994, c. 290, § 45, eff. July 1, 1994; Laws 1995, c. 352, § 92, eff. July 1, 1995. Renumbered from § 1139 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1997, c. 293, § 8, eff. July 1, 1997; Laws 2006, c. 124, § 3, eff. Nov. 1, 2006; Laws 2009, c. 234, § 17, emerg. eff. May 21, 2009. Renumbered from § 7302-5.4 of Title 10 by Laws 2009, c. 234, § 173, emerg. eff. May 21, 2009.
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