Oklahoma § 21-852 - Omission to provide for a child - Penalties

§ 21-852. Omission to provide for a child - Penalties

A. Unless otherwise provided for by law, any parent, guardian,

or person having custody or control of a child as defined in Section

1-1-105 of Title 10A of the Oklahoma Statutes who willfully omits,

without lawful excuse, to furnish necessary food, clothing, shelter,

monetary child support, medical attendance, payment of court-ordered

day care or payment of court-ordered medical insurance costs for

such child which is imposed by law, upon conviction, is guilty of a

misdemeanor; provided, any person obligated to make child support

payments who willfully and without lawful excuse becomes delinquent

Oklahoma Statutes - Title 21. Crimes and Punishments

in said child support payments after September 1, 1993, and such

delinquent child support accrues without payment by the obligor for

a period of one (1) year, or exceeds Five Thousand Dollars

($5,000.00) shall, upon conviction thereof, be guilty of a Class D2

felony offense punishable in the same manner as any subsequent

conviction pursuant to the provisions of this section. Any

subsequent conviction pursuant to this section shall be a Class D2

felony offense, punishable by imprisonment as provided for in

subsection C of Section 20O of this title, or by the imposition of a

fine of not more than Five Thousand Dollars ($5,000.00), or by both

such fine and imprisonment. As used in this section, the duty to

furnish medical attendance shall mean that the parent or person

having custody or control of a child must furnish medical treatment

in such manner and on such occasions as an ordinarily prudent

person, solicitous for the welfare of a child, would provide; such

parent or person having custody or control of a child is not

criminally liable for failure to furnish medical attendance for

every minor or trivial complaint with which the child may be

afflicted.

B. Any person who leaves the state to avoid providing necessary

food, clothing, shelter, court-ordered monetary child support, or

medical attendance for such child, upon conviction, shall be guilty

of a Class D2 felony offense punishable by imprisonment for not more

than four (4) years in the custody of the Department of Corrections,

or by the imposition of a fine of not more than Five Thousand

Dollars ($5,000.00), or by both such fine and imprisonment.

C. Nothing in this section shall be construed to mean a child

is endangered for the sole reason the parent, guardian or person

having custody or control of a child, in good faith, selects and

depends upon spiritual means alone through prayer, in accordance

with the tenets and practice of a recognized church or religious

denomination, for the treatment or cure of disease or remedial care

of such child; provided, that medical care shall be provided where

permanent physical damage could result to such child; and that the

laws, rules, and regulations relating to communicable diseases and

sanitary matters are not violated.

D. Nothing contained in this section shall prevent a court from

immediately assuming custody of a child and ordering whatever action

may be necessary, including medical treatment, to protect the health

or welfare of the child.

E. Psychiatric and psychological testing and counseling are

exempt from the provisions of this section.

F. If any parent of a child in cases in which the Department of

Human Services is providing services pursuant to Section 237 of

Title 56 of the Oklahoma Statutes is determined by the Department to

be willfully violating the provisions of this section, the

Department may refer the case to the proper district attorney for

Oklahoma Statutes - Title 21. Crimes and Punishments

prosecution. The Department shall provide assistance to the

district attorneys in such prosecutions. Any child support or

arrears payments made pursuant to this section shall be made payable

to the Department and paid through the Centralized Support Registry

pursuant to Section 413 of Title 43 of the Oklahoma Statutes.

G. It is the duty of any parent having legal custody of a child

who is an alcohol-dependent person or a drug-dependent person, as

such terms are defined by Section 3-403 of Title 43A of the Oklahoma

Statutes, to provide for the treatment, as such term is defined by

Section 3-403 of Title 43A of the Oklahoma Statutes, of such child.

Any parent having legal custody of a child who is an alcoholdependent person or a drug-dependent person who without having made

a reasonable effort fails or willfully omits to provide for the

treatment of such child shall be guilty of a misdemeanor. For the

purpose of this subsection, the duty to provide for such treatment

shall mean that the parent having legal custody of a child must

provide for the treatment in such manner and on such occasions as an

ordinarily prudent person, solicitous for the welfare of a child,

would provide.

H. Venue is proper in prosecutions for violations of this

section in:

1. Any county where the child resides;

2. The county in which the court-ordered support was entered or

registered pursuant to the provisions of the Uniform Interstate

Family Support Act; or

3. The county in which the defendant resides.

R.L.1910, § 2434. Amended by Laws 1975, c. 67, § 1, emerg. eff.

April 18, 1975; Laws 1983, c. 44, § 1, operative Nov. 1, 1983; Laws

1987, c. 167, § 2, operative July 1, 1987; Laws 1989, c. 348, § 13,

eff. Nov. 1, 1989; Laws 1990, c. 165, § 1, eff. July 1, 1990; Laws

1993, c. 173, § 1, eff. Sept. 1, 1993; Laws 1994, c. 132, § 1, eff.

Sept. 1, 1994; Laws 1997, c. 6, § 1, eff. Nov. 1, 1997; Laws 1997,

c. 133, § 251, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, §

155, eff. July 1, 1999; Laws 2006, c. 219, § 1; Laws 2008, c. 407, §

14, eff. Nov. 1, 2008; Laws 2009, c. 234, § 121, emerg. eff. May 21,

2009; Laws 2025, c. 486, § 595, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 251 from July 1, 1998, to July 1, 1999.