Okla. Stat. tit. 10A, § 10A-1-4-203

relatives.

A. Within the next two (2) judicial days following the child

being taken into protective or emergency custody, the court shall

conduct an emergency custody hearing. At the hearing, information

may be provided to the court in the form of oral or written reports,

affidavits or testimony. Any information having probative value may

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 79

be received by the court regardless of its admissibility under the

Oklahoma Evidence Code. At the hearing the court shall:

1. Determine whether facts exist that are sufficient to

demonstrate to the court there is reasonable suspicion that the

child is in need of immediate protection due to abuse or neglect, or

that the circumstances or surroundings of the child are such that

continuation of the child in the child's home or in the care or

custody of the parent, legal guardian, or custodian would present an

imminent danger to the child;

2. Advise the parent, legal guardian, or custodian of the child

in writing of the following:

a. any right of the parent, legal guardian, or custodian

to testify and present evidence at court hearings,

b. the right to be represented by an attorney at court

hearings,

c. the consequences of failure to attend any hearings

which may be held, and

d. the right to appeal and procedure for appealing an

order of the court;

3. Determine custody of the child and order one of the

following:

a. release of the child to the custody of the child's

parent, legal guardian, or custodian from whom the

child was removed under any conditions the court finds

reasonably necessary to protect the health, safety, or

welfare of the child, or

b. placement of the child in the custody of a responsible

adult or licensed child-placing agency under any

conditions the court finds reasonably necessary to

protect the health, safety, or welfare of the child,

or

c. whether to continue the child in or to place the child

into the emergency custody of the Department of Human

Services;

4. Order the parent, legal guardian, or custodian to complete

an affidavit listing the names, addresses, and phone numbers of any

parent, whether known or alleged, grandparent, aunt, uncle, brother,

sister, half-sibling, and first cousin and any comments concerning

the appropriateness of the potential placement of the child with the

relative. If no such relative exists, the court shall require the

parent, legal guardian, or custodian to list any other relatives or

persons with whom the child has had a substantial relationship or

who may be a suitable placement for the child;

5. Direct the parent, legal guardian, or custodian to furnish

the Department with a copy of the child's birth certificate within

fifteen (15) days from the hearing if a petition is filed, unless

otherwise extended by the court; and

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 80

6. In accordance with the safety or well-being of any child,

determine whether reasonable efforts have been made to:

a. place siblings, who have been removed, together in the

same foster care, guardianship, or adoptive placement,

and

b. provide for frequent visitation or other ongoing

interaction in the case of siblings who have been

removed and who are not placed together.

B. The office of the State Court Administrator shall create an

affidavit form and make it available to each court responsible for

conducting emergency custody hearings. The affidavit form shall

contain a notice to the parent, legal guardian, or custodian that

failure to identify a parent or relative in a timely manner may

result in the child being permanently placed outside of the home of

the child's parent or relative. The affidavit form shall also

advise the parent, legal guardian, or custodian of the penalties

associated with perjury and contempt of court. The original

completed affidavit shall be filed with the court clerk no later
odian that

failure to identify a parent or relative in a timely manner may

result in the child being permanently placed outside of the home of

the child's parent or relative. The affidavit form shall also

advise the parent, legal guardian, or custodian of the penalties

associated with perjury and contempt of court. The original

completed affidavit shall be filed with the court clerk no later

than five (5) days after the hearing or as otherwise directed by the

court and a copy shall be provided to the Department.

C. 1. The Department shall, within thirty (30) days of the

removal of a child, exercise due diligence to identify relatives.

Notice shall be provided by the Department to the following adult

relatives: all grandparents, all parents of a sibling of the child,

where the parent has legal custody of the sibling, and other adult

relatives of the child, including relatives suggested by the

parents, as the court directs. The notice shall advise the

relatives:

a. the child has been or is being removed from the

custody of the parent or parents of the child,

b. of the options under applicable law to participate in

the care and placement of the child, including any

options that may be lost by failing to respond to the

notice, and

c. of the requirements to become a foster family home and

the additional services and supports available for

children placed in the home.

2. Relatives shall not be notified if notification would not be

in the best interests of a child due to past or current family or

domestic violence. The Department may promulgate rules in

furtherance of the provisions of this subsection.