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21-852.


21-852.
   
   A. Unless otherwise provided for by law, any parent, guardian, or
   person having custody or control of a child as defined in Section
   7001-1.3 of Title 10 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 not
   more than four (4) years in the State Penitentiary 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
   felony punishable by imprisonment for not more than four (4) years in
   the State Penitentiary 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 child's
   health or welfare.
   
   E. Psychiatric and psychological testing and counseling are exempt
   from the provisions of this section.
   
   F. Except for a third or subsequent conviction, all felony convictions
   herein shall be administered under the provisions of the Community
   Sentencing Act.
   
   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 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.
   

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