Okla. Stat. tit. 10A, § 10A-1-4-102
This is the official text of Okla. Stat. tit. 10A, § 10A-1-4-102, part of Oklahoma’s Stat. tit. 10A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 10A,." Browse the sections below, each linked to its official government source.
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Evidence of child abuse or neglect in matrimonial or
Official statutory text
child custody actions - Investigation by Department of Human
Services - Orders for protective custody - Appointment of attorney
for child.
A. 1. If the evidence in a court proceeding concerning child
custody or visitation indicates that a child may be a victim of
abuse or neglect, the court shall refer the allegations to the
Department of Human Services for an assessment or investigation.
2. The Department shall conduct an assessment or investigation
concerning such report in accordance with priority guidelines
established by the Department.
3. The Department shall submit a report of its assessment or
investigation to the office of the district attorney and provide a
copy of its reports to the referring court within thirty (30) days
of such notice, and notify parties to the proceeding of the
submission of the report to the court.
4. The district attorney shall advise the referring court
within three (3) days of the receipt of the findings of the
Department whether a deprived petition will be filed by that office.
If no deprived petition is filed, the referring court may take
appropriate action regarding the custody or visitation of the child.
B. Nothing in this section shall:
a. preclude the referring court from entering an order to
have the child taken into emergency custody if
evidence presented to the referring court indicates a
child is in surroundings that are such as to endanger
the welfare of the child. If a child is placed into
emergency custody by such an order, the provisions of
Chapter IV of the Oklahoma Children's Code shall
apply, or
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 73
b. preclude any court presiding over any proceeding from
referring allegations of child abuse or neglect to the
Department for assessment or investigation.
C. If, in any proceeding concerning child custody or
visitation, the evidence indicates that a child has been subject to
abuse or neglect, the court shall appoint an attorney to represent
the child for that proceeding and any related proceedings and may
appoint a guardian ad litem for the child as permitted by law.
Services - Orders for protective custody - Appointment of attorney
for child.
A. 1. If the evidence in a court proceeding concerning child
custody or visitation indicates that a child may be a victim of
abuse or neglect, the court shall refer the allegations to the
Department of Human Services for an assessment or investigation.
2. The Department shall conduct an assessment or investigation
concerning such report in accordance with priority guidelines
established by the Department.
3. The Department shall submit a report of its assessment or
investigation to the office of the district attorney and provide a
copy of its reports to the referring court within thirty (30) days
of such notice, and notify parties to the proceeding of the
submission of the report to the court.
4. The district attorney shall advise the referring court
within three (3) days of the receipt of the findings of the
Department whether a deprived petition will be filed by that office.
If no deprived petition is filed, the referring court may take
appropriate action regarding the custody or visitation of the child.
B. Nothing in this section shall:
a. preclude the referring court from entering an order to
have the child taken into emergency custody if
evidence presented to the referring court indicates a
child is in surroundings that are such as to endanger
the welfare of the child. If a child is placed into
emergency custody by such an order, the provisions of
Chapter IV of the Oklahoma Children's Code shall
apply, or
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 73
b. preclude any court presiding over any proceeding from
referring allegations of child abuse or neglect to the
Department for assessment or investigation.
C. If, in any proceeding concerning child custody or
visitation, the evidence indicates that a child has been subject to
abuse or neglect, the court shall appoint an attorney to represent
the child for that proceeding and any related proceedings and may
appoint a guardian ad litem for the child as permitted by law.
Status: in_force · Read it on the official government site
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