Okla. Stat. tit. 10A, § 10A-1-4-205
This is the official text of Okla. Stat. tit. 10A, § 10A-1-4-205, 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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Records of child in protective custody – Petition –
Official statutory text
Hearings – Order providing for removal of a child.
A. The office of the district attorney and the Department of
Human Services shall maintain records concerning a child in
protective custody who is released prior to the emergency custody
hearing. The records shall describe the reason for such release.
B. 1. A petition for a deprived child proceeding shall be
filed and a summons issued within seven (7) judicial days from the
date the child is taken into custody unless, upon request of the
district attorney at the emergency custody hearing, the court
determines there are compelling reasons to grant additional time for
the filing of the petition for a period of time not to exceed
fifteen (15) calendar days from the assumption of custody.
2. If a petition is not filed as required by this subsection,
the emergency custody order shall expire. The district attorney
shall submit for filing in the court record a written record
specifying the reasons why the petition was not filed and specifying
to whom the child was released.
C. The court may hold additional hearings at such intervals as
may be determined necessary by the court to provide for the health,
safety, or welfare of the child.
D. In scheduling hearings, the court shall give priority to
proceedings in which a child is in emergency custody.
E. An order of the court providing for the removal of a child
alleged to be deprived from the home of the child shall not be
entered unless the court makes a determination:
1. That continuation of the child in the child’s home is
contrary to the health, safety, or welfare of the child; and
2. As to whether or not reasonable efforts were made to prevent
the need for the removal of the child from the child’s home; or
3. As to whether or not an absence of efforts to prevent the
removal of the child from the child’s home is reasonable because the
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 84
removal is due to an alleged emergency and is for the purpose of
providing for the health, safety, or welfare of the child; or
4. That reasonable efforts to provide for the return of the
child to the child’s home are not required pursuant to Section 1-4-
809 of Title 10A of the Oklahoma Statutes; provided, however, upon
such determination, the court shall inform the parent that a
permanency hearing will be held within thirty (30) days from the
determination.
A. The office of the district attorney and the Department of
Human Services shall maintain records concerning a child in
protective custody who is released prior to the emergency custody
hearing. The records shall describe the reason for such release.
B. 1. A petition for a deprived child proceeding shall be
filed and a summons issued within seven (7) judicial days from the
date the child is taken into custody unless, upon request of the
district attorney at the emergency custody hearing, the court
determines there are compelling reasons to grant additional time for
the filing of the petition for a period of time not to exceed
fifteen (15) calendar days from the assumption of custody.
2. If a petition is not filed as required by this subsection,
the emergency custody order shall expire. The district attorney
shall submit for filing in the court record a written record
specifying the reasons why the petition was not filed and specifying
to whom the child was released.
C. The court may hold additional hearings at such intervals as
may be determined necessary by the court to provide for the health,
safety, or welfare of the child.
D. In scheduling hearings, the court shall give priority to
proceedings in which a child is in emergency custody.
E. An order of the court providing for the removal of a child
alleged to be deprived from the home of the child shall not be
entered unless the court makes a determination:
1. That continuation of the child in the child’s home is
contrary to the health, safety, or welfare of the child; and
2. As to whether or not reasonable efforts were made to prevent
the need for the removal of the child from the child’s home; or
3. As to whether or not an absence of efforts to prevent the
removal of the child from the child’s home is reasonable because the
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 84
removal is due to an alleged emergency and is for the purpose of
providing for the health, safety, or welfare of the child; or
4. That reasonable efforts to provide for the return of the
child to the child’s home are not required pursuant to Section 1-4-
809 of Title 10A of the Oklahoma Statutes; provided, however, upon
such determination, the court shall inform the parent that a
permanency hearing will be held within thirty (30) days from the
determination.
Status: in_force · Read it on the official government site
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