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.

Status: in_force · Read it on the official government site

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