Okla. Stat. tit. 10, § 10-7505-1.2
This is the official text of Okla. Stat. tit. 10, § 10-7505-1.2, part of Oklahoma’s Stat. tit. 10, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 10,." Browse the sections below, each linked to its official government source.
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Appointment of attorney and guardian ad litem
Official statutory text
A. 1. In a proceeding pursuant to the Oklahoma Adoption Code,
the court shall appoint an attorney for a minor in a contested
proceeding pursuant to the Oklahoma Adoption Code and may appoint an
attorney for a child in an uncontested proceeding or appoint an
attorney for the child to examine all expenses and attorney fees
presented to the court for approval.
2. The attorney shall be charged with the representation of the
child. To that end, the attorney shall make such further
investigation as the attorney deems necessary to ascertain the
facts, to interview witnesses, examine and cross-examine witnesses
at the preliminary hearing and trial, make recommendations to the
court, and participate further in the proceedings to the degree
appropriate for adequately representing the child.
3. The attorney shall be given access to all reports relevant
to the case and to any reports of examination of the child's parents
or other custodian made pursuant to this section.
Oklahoma Statutes - Title 10. Children Page 334
4. Upon approval of the court, the attorney may be allowed a
reasonable fee for services provided by this section.
B. 1. The court may appoint a separate guardian ad litem for
the minor in a contested proceeding and shall appoint a separate
guardian ad litem upon the request of a party, the minor, the
attorney of the minor, prospective adoptive parent, or a person or
agency having physical or legal custody of the child.
2. The guardian ad litem shall not be a district attorney, an
employee of the office of the district attorney, an employee of the
court, an employee of a juvenile bureau, or an employee of any
public agency having duties or responsibilities towards the minor.
3. The guardian ad litem shall be appointed to objectively
advocate on behalf of the minor and act as an officer of the court
to investigate all matters concerning the best interests of the
minor. In addition to other duties required by the court and as
specified by the court, a guardian ad litem shall have the following
responsibilities:
a. review relevant documents, reports and other
information,
b. meet with and/or observe the child,
c. consider the child's wishes, as appropriate,
d. interview parents, caregivers and others with
knowledge relevant to the case,
e. advocate for the minor's best interests by
participating in appropriate aspects of the case and
advocating for appropriate community and other
services when necessary,
f. maintain the confidentiality of information related to
the case,
g. monitor the minor's best interests throughout any
judicial proceeding, and
h. advise the court of his or her findings and
recommendations, if any, and the facts upon which they
are based.
4. The guardian ad litem shall be given access to the court
file and access to all records and reports relevant to the case and
to any records and reports of examination of the minor's parent or
other custodian, as specified by the court, subject to such
protective orders regarding identifying information as the court
deems advisable.
5. Any person participating in a judicial proceeding as a
guardian ad litem shall be presumed prima facie to be acting in good
faith and in so doing shall be immune from any civil liability that
otherwise might be incurred or imposed.
the court shall appoint an attorney for a minor in a contested
proceeding pursuant to the Oklahoma Adoption Code and may appoint an
attorney for a child in an uncontested proceeding or appoint an
attorney for the child to examine all expenses and attorney fees
presented to the court for approval.
2. The attorney shall be charged with the representation of the
child. To that end, the attorney shall make such further
investigation as the attorney deems necessary to ascertain the
facts, to interview witnesses, examine and cross-examine witnesses
at the preliminary hearing and trial, make recommendations to the
court, and participate further in the proceedings to the degree
appropriate for adequately representing the child.
3. The attorney shall be given access to all reports relevant
to the case and to any reports of examination of the child's parents
or other custodian made pursuant to this section.
Oklahoma Statutes - Title 10. Children Page 334
4. Upon approval of the court, the attorney may be allowed a
reasonable fee for services provided by this section.
B. 1. The court may appoint a separate guardian ad litem for
the minor in a contested proceeding and shall appoint a separate
guardian ad litem upon the request of a party, the minor, the
attorney of the minor, prospective adoptive parent, or a person or
agency having physical or legal custody of the child.
2. The guardian ad litem shall not be a district attorney, an
employee of the office of the district attorney, an employee of the
court, an employee of a juvenile bureau, or an employee of any
public agency having duties or responsibilities towards the minor.
3. The guardian ad litem shall be appointed to objectively
advocate on behalf of the minor and act as an officer of the court
to investigate all matters concerning the best interests of the
minor. In addition to other duties required by the court and as
specified by the court, a guardian ad litem shall have the following
responsibilities:
a. review relevant documents, reports and other
information,
b. meet with and/or observe the child,
c. consider the child's wishes, as appropriate,
d. interview parents, caregivers and others with
knowledge relevant to the case,
e. advocate for the minor's best interests by
participating in appropriate aspects of the case and
advocating for appropriate community and other
services when necessary,
f. maintain the confidentiality of information related to
the case,
g. monitor the minor's best interests throughout any
judicial proceeding, and
h. advise the court of his or her findings and
recommendations, if any, and the facts upon which they
are based.
4. The guardian ad litem shall be given access to the court
file and access to all records and reports relevant to the case and
to any records and reports of examination of the minor's parent or
other custodian, as specified by the court, subject to such
protective orders regarding identifying information as the court
deems advisable.
5. Any person participating in a judicial proceeding as a
guardian ad litem shall be presumed prima facie to be acting in good
faith and in so doing shall be immune from any civil liability that
otherwise might be incurred or imposed.
Status: in_force · Read it on the official government site
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