Okla. Stat. tit. 10A, § 10A-1-4-302
This is the official text of Okla. Stat. tit. 10A, § 10A-1-4-302, 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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Amendment of petition – Postadjudication petition
Official statutory text
A. No pleading subsequent to the petition alleging a child to
be deprived is required, and the filing of any motion or pleading
shall not delay the holding of the adjudicatory hearing.
B. The court shall liberally allow the petition to be amended
at any time to add, modify, or supplement factual allegations that
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 88
form the basis for the cause of action up until seven (7) days prior
to the adjudicatory hearing. The court may grant leave to amend the
petition upon a showing of good cause after that date and prior to
the adjudicatory hearing. The court may allow amendment of the
petition to conform with the evidence at any time prior to the
adjudicatory ruling of the court. In all cases in which the court
has granted leave to amend based on new evidence or new allegations,
the court shall permit the respondent a reasonable and adequate
opportunity to prepare as may be required to insure a full and fair
hearing. The court shall not amend the adjudicatory category prayed
for in the petition.
C. In any case in which the allegations contained within the
original petition have been sustained and a child is found to be a
deprived child, if the state subsequently alleges new facts, or
different conditions are discovered to be sufficient, if sustained,
to support a finding that the child is a deprived child, then the
state may file a subsequent petition entitled "Postadjudication
Petition". This section shall not apply if the jurisdiction of the
juvenile court has been terminated prior to the new allegations.
D. All procedures and hearings required for an original
petition are applicable to a postadjudication petition filed under
this section. The postadjudication petition shall be filed in the
same case as the original petition.
be deprived is required, and the filing of any motion or pleading
shall not delay the holding of the adjudicatory hearing.
B. The court shall liberally allow the petition to be amended
at any time to add, modify, or supplement factual allegations that
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 88
form the basis for the cause of action up until seven (7) days prior
to the adjudicatory hearing. The court may grant leave to amend the
petition upon a showing of good cause after that date and prior to
the adjudicatory hearing. The court may allow amendment of the
petition to conform with the evidence at any time prior to the
adjudicatory ruling of the court. In all cases in which the court
has granted leave to amend based on new evidence or new allegations,
the court shall permit the respondent a reasonable and adequate
opportunity to prepare as may be required to insure a full and fair
hearing. The court shall not amend the adjudicatory category prayed
for in the petition.
C. In any case in which the allegations contained within the
original petition have been sustained and a child is found to be a
deprived child, if the state subsequently alleges new facts, or
different conditions are discovered to be sufficient, if sustained,
to support a finding that the child is a deprived child, then the
state may file a subsequent petition entitled "Postadjudication
Petition". This section shall not apply if the jurisdiction of the
juvenile court has been terminated prior to the new allegations.
D. All procedures and hearings required for an original
petition are applicable to a postadjudication petition filed under
this section. The postadjudication petition shall be filed in the
same case as the original petition.
Status: in_force · Read it on the official government site
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