Omission to Provide for a Child - Tulsa Trial Attorneys
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First and foremost, call us right away at 918-884-7791. Whenever you get arrested on such a serious charge, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. The police and the DA will be doing everything in their power to gather incriminating evidence. Just like the police, you should have a team gathering evidence and statements from Day 1.
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Omission to Provide for a Child - Elements
No person may be convicted of omission to provide for a child unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) a parent / guardian / (person having custody / control) of a child under 18 years of age;
(2) willfully;
(3) without lawful excuse;
(4) omitted to furnish necessary food / clothing / shelter / (monetary child support) / (medical attention) / (payment of court-ordered day care / [medical insurance]) for that child;
(5) as imposed by law upon the parent/guardian/(person having custody/control) of the child. OUJI-CR 4-40A
Omission to Provide for a Child - Punishment
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 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 felony which is 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 felony, punishable by imprisonment for a maximum of four (4) years in the custody of the Department of Corrections or by the imposition of a maximum fine of 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.
If any parent of a child in cases in which the Department of Human Services is providing services 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 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. 21 O.S. 852
Person Leaving the State to Avoid Providing Support for Child
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 felony punishable by imprisonment for a maximum of four (4) years in the custody of the Department of Corrections or by the imposition of a maximum fine of Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. 21 O.S. 852
Parent or Guarding Depending on Spiritual Means
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.
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. 21 O.S. 852
Community Sentencing Act
Except for a third or subsequent conviction, all felony convictions herein shall be administered under the provisions of the Community Sentencing Act.
The Community Sentencing Act is a very intense form of probation that may be added as a condition of probation for a deferred or suspended sentence. You are eligible for community sentencing if:
On and after March 1, 2000, for each felony offender considered for any community punishment pursuant to the Oklahoma Community Sentencing Act, the judge shall, prior to sentencing, order an assessment and evaluation of the defendant as required by law. The judge may determine that no additional assessment is required if one was completed within the last six (6) months.
The risk and needs assessment and evaluation instrument designed to predict risk to recidivate approved by the Department of Corrections, shall be required to determine eligibility for any offender sentenced pursuant to the Oklahoma Community Sentencing Act. The completed assessment accompanied by a written supervision plan shall be presented to and reviewed by the court prior to determining any punishment for the offense. The purpose of the assessment shall be to identify the extent of the deficiencies and pro-social needs of the defendant, the potential risk to commit additional offenses that threaten public safety, and the appropriateness of various community punishments.
Upon order of the court, the defendant shall be required to submit to the risk and needs assessment which shall be administered and scored by an appropriately trained person pursuant to a service agreement with the local community sentencing system. Any defendant lacking sufficient skills to comprehend or otherwise participate in the assessment and evaluation shall have appropriate assistance. If it is determined that the offender cannot be adequately evaluated using the risk and needs assessment, the offender shall be deemed ineligible for any community services pursuant to the Oklahoma Community Sentencing Act, and shall be sentenced as prescribed by law for the offense.
The willful failure or refusal of the defendant to be assessed and evaluated by using the risk and needs assessment shall preclude the defendant from eligibility for any community punishment.
The completed risk and needs assessment, shall include a written supervision plan and identify an appropriate community punishment, if any, when the offender is considered eligible for community punishments based upon the completed risk/need score from the risk and needs assessment of the offender. Unless otherwise prohibited by law, only eligible offenders shall be eligible for any state-funded community punishments.
The court is not required to sentence any offender to a community punishment regardless of an eligible score on the risk and needs assessment. Any felony offender scoring in the low risk/need levels on the risk and needs assessment may be sentenced to a suspended sentence with minimal, if any, conditions of the sentence to be paid by the offender. If the risk and needs assessment has been conducted, the evaluation report shall accompany the judgment and sentence, provided the risk and needs assessment indicates the offender is in need of this level of supervision and treatment. 22 O.S. 988.18
Level of Services Inventory (LSI)
The Level of Services Inventory (LSI), or another assessment and evaluation instrument designed to predict risk to recidivate approved by the Department of Corrections, shall be required to determine eligibility for any offender sentenced pursuant to the Oklahoma Community Sentencing Act. The completed assessment accompanied by a written supervision plan shall be presented to and reviewed by the court prior to determining any punishment for the offense. The purpose of the assessment shall be to identify the extent of the deficiencies and pro-social needs of the defendant, the potential risk to commit additional offenses that threaten public safety, and the appropriateness of various community punishments.
Upon order of the court, the defendant shall be required to submit to the LSI or other approved assessment which shall be administered and scored by an appropriately trained person pursuant to a service agreement with the local community sentencing system. Any defendant lacking sufficient skills to comprehend or otherwise participate in the assessment and evaluation shall have appropriate assistance. If it is determined that the offender cannot be adequately evaluated using the LSI or another approved assessment, the offender shall be deemed ineligible for any community services pursuant to the Oklahoma Community Sentencing Act, and shall be sentenced as prescribed by law for the offense.
The willful failure or refusal of the defendant to be assessed and evaluated by using the LSI or another approved assessment shall preclude the defendant from eligibility for any community punishment.
The completed LSI, or other approved assessment, shall include a written supervision plan and identify an appropriate community punishment, if any, when the offender is considered eligible for community punishments based upon the completed risk/need score from the LSI assessment of the offender. Unless otherwise prohibited by law, only eligible offenders, as defined in Section 988.2 of this title, shall be eligible for any state-funded community punishments.
The court is not required to sentence any offender to a community punishment regardless of an eligible score on the LSI. Any felony offender scoring in the low risk/need levels on the LSI may be sentenced to a suspended sentence with minimal, if any, conditions of the sentence to be paid by the offender. If the LSI or another assessment has been conducted, the evaluation report shall accompany the judgment and sentence. 22 O.S. 988.18
Alcoholic or Drug Dependent Parent
Any parent having legal custody of a child who is an alcohol-dependent 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. 21 O.S. 852
Charged with Child Abuse in Oklahoma
Child Abuse and other child related offenses, are only second to murder as the most serious crimes that a person can be charged with. Not only do you face the potential of serious prison time, but you also may lose the rights to continue being your child’s parent.
Unfortunately, when it comes to allegations of a crime against a child, many people have a tendency to see the accused person as guilty until proven innocent. This is the opposite of how it should be. It can quickly turn into a witch-hunt without the proper legal representation. This can be very frustrating and you will want to protest. The danger is that even your words of protest and your attempts to explain may be twisted and used against you. Most times DHS will become involved and you have to fight on two fronts. You must be very very careful.
Don’t settle for hiring an attorney, hire a team. Make sure you hire a firm that has experience in both serious criminal felony litigation and DHS juvenile cases. Let an experienced team of attorneys help guide you through this scary time. Make sure that your attorney is experienced, aggressive, and compassionate.
CALL TODAY FOR YOUR FREE CONSULTATION - 918-884-7791
Child Abuse - Definition
Harm or threatened harm to a child’s health, safety or welfare by a person responsible for the child. This includes non-accidental physical or mental injury, sexual abuse, or neglect.
Child Abuse - Punishment
Any parent or other person who shall willfully or maliciously engage in child abuse shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, "child abuse" means the willful or malicious harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare of a child under eighteen (18) years of age by another, or the act of willfully or maliciously injuring, torturing or maiming a child under eighteen (18) years of age by another. 21 O.S. 843.5(1)
Child Abuse - Elements
No person may be convicted of child abuse unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) a person willfully / maliciously
(2) harmed / (threatened harm to) the health, safety, or welfare
(3) of a child under the age of eighteen
OR
(1) a person responsible for a child's health, safety, or welfare
(2) willfully / maliciously
(3) failed to protect from harm / (threatened harm) to the health, safety, or welfare
(4) of a child under the age of eighteen. OUJI-CR 4-35
Crimes against Children (non-sexual)
Omission to Provide for a Child
Sex Crimes against Children
Crimes Against Children FAQs
What is considered ordinary force for a parent for discipline?
Can prayer be a defense?
Omission to Provide for a Child Litigation Expertise
Child Abuse charges in Oklahoma require an aggressive defense. No matter which child offense charges you face, it is important to have an attorney who will help you navigate the complex judicial system and provide you with a clear understanding of the charges you face. When defending child crime charges, it is necessary to obtain experienced, aggressive, and compassionate representation that understands and DHS Juvenile implications. The smallest detail or piece of evidence can make all the difference. The longer you wait to hire a Criminal Defense and Juvenile attorney the greater the stress and the greater the advantage to the prosecution.