OUJI-CR 4-37A
NEGLECT OF CHILD - ACTIVITIES
NOT CONSTITUTING NEGLECT

"Neglect" shall not mean a child who engages in independent activities, except if the person responsible for the child's health, safety or welfare willfully disregards any (harm/(threatened harm) to the child, given the child's level of maturity/(physical condition)/(mental abilities). Such independent activities include but are not limited to:

(1) traveling to and from school including by walking/running/ bicycling,

(2) traveling to and from nearby commercial or recreational facilities,

(3) engaging in outdoor play,

(4) remaining at home unattended for a reasonable amount of time,

(5) remaining in a vehicle if the temperature inside the vehicle (is not)/(will not) become dangerously hot/cold, except if [describe applicable conditions in Section 11--1119 of Title 47 of the Oklahoma Statutes, such as that the child is accompanied by a person who is at least twelve years of age], or

(6) engaging in similar activities (alone/(with other children).

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Statutory Authority: 10A O.S. 2021, § 1-1-105(49).

Notes on Use

This Instruction lists independent activities that might not constitute "neglect." This should be given only if applicable, and it should include only those activities that are pertinent to the case. 10A O.S. 2021, § 1-1-105(49)(b).

(2022 Supp.)