Okla. Stat. tit. 10A, § 10A-1-4-503
This is the official text of Okla. Stat. tit. 10A, § 10A-1-4-503, 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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Conduct of hearings
Official statutory text
A. All cases initiated by the filing of a petition alleging
that a child is deprived shall be heard separately from the trial of
other cases against adults. The adjudicative hearings and hearings
for termination of parental rights shall be conducted according to
the rules of evidence. All other hearings and proceedings conducted
pursuant to the Oklahoma Children’s Code shall be informal and the
rules of evidence shall not apply.
1. a. Except as otherwise provided by this paragraph, all
deprived proceedings shall be private unless
specifically ordered by the judge to be conducted in
public, but persons having a direct interest in the
case shall be admitted, except as otherwise determined
by the court.
b. To the extent that deprived proceedings involve
discussion of confidential information from any child
abuse or neglect report and record, or any information
obtained from the Department of Human Services
concerning a child or family who is receiving Title
IV-B child welfare services, foster care or adoption
assistance pursuant to Title IV-E of the Social
Security Act (42 U.S.C. 678 et seq.), the
confidentiality requirements of those programs apply.
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 98
Accordingly, such information shall not be discussed
in open court. To the extent that confidential
information is relevant to the proceedings, it must be
discussed in the court’s chambers or some other
restricted setting, and the pertinent sections of the
transcript shall be kept confidential.
2. Stenographic notes or other transcript of the hearings shall
be kept as in other cases, but they shall not be open to inspection
except by order of the court or as otherwise provided by law.
3. Uniform orders shall be used by the court in all deprived
proceedings. The forms shall be prescribed and published by the
Administrative Office of the Courts. The Supreme Court Juvenile
Justice Oversight and Advisory Committee, the District Attorneys
Council, and the Department shall assist in the development of the
orders. In addition to the findings and determinations required to
be made by the court pursuant to the Oklahoma Children’s Code, the
forms shall include a section which will require the court to
memorialize the recommendations of the parties and participants made
at the hearing as it relates to custody or placement of the child or
children.
4. If authorized by the court, any proceeding held pursuant to
the Oklahoma Children’s Code may be conducted via teleconference
communication; provided, that when a parent or child appears for a
proceeding via teleconference communication, the attorney
representing that parent or child shall personally appear at the
hearing. For purposes of this paragraph, “teleconference
communication” means participation in the hearing by interactive
telecommunication, including telephonic communication by the absent
party, those parties present in court, the attorneys and others
deemed to be necessary participants to the proceeding including, but
not limited to, foster parents and facility staff where a child may
be receiving care or treatment. This paragraph shall also apply to
proceedings brought pursuant to the Inpatient Mental Health and
Substance Abuse Treatment of Minors Act when the subject child is
alleged or has been adjudicated to be a deprived child.
B. A child shall not refuse to be a witness in a hearing to
determine whether or not the child is deprived. The testimony of
the child may be given as provided by this part or as otherwise
authorized by law for the protection of child witnesses.
C. A decision determining a child to be deprived must be based
on sworn testimony and the child must have the opportunity for
cross-examination unless the facts are stipulated.
that a child is deprived shall be heard separately from the trial of
other cases against adults. The adjudicative hearings and hearings
for termination of parental rights shall be conducted according to
the rules of evidence. All other hearings and proceedings conducted
pursuant to the Oklahoma Children’s Code shall be informal and the
rules of evidence shall not apply.
1. a. Except as otherwise provided by this paragraph, all
deprived proceedings shall be private unless
specifically ordered by the judge to be conducted in
public, but persons having a direct interest in the
case shall be admitted, except as otherwise determined
by the court.
b. To the extent that deprived proceedings involve
discussion of confidential information from any child
abuse or neglect report and record, or any information
obtained from the Department of Human Services
concerning a child or family who is receiving Title
IV-B child welfare services, foster care or adoption
assistance pursuant to Title IV-E of the Social
Security Act (42 U.S.C. 678 et seq.), the
confidentiality requirements of those programs apply.
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 98
Accordingly, such information shall not be discussed
in open court. To the extent that confidential
information is relevant to the proceedings, it must be
discussed in the court’s chambers or some other
restricted setting, and the pertinent sections of the
transcript shall be kept confidential.
2. Stenographic notes or other transcript of the hearings shall
be kept as in other cases, but they shall not be open to inspection
except by order of the court or as otherwise provided by law.
3. Uniform orders shall be used by the court in all deprived
proceedings. The forms shall be prescribed and published by the
Administrative Office of the Courts. The Supreme Court Juvenile
Justice Oversight and Advisory Committee, the District Attorneys
Council, and the Department shall assist in the development of the
orders. In addition to the findings and determinations required to
be made by the court pursuant to the Oklahoma Children’s Code, the
forms shall include a section which will require the court to
memorialize the recommendations of the parties and participants made
at the hearing as it relates to custody or placement of the child or
children.
4. If authorized by the court, any proceeding held pursuant to
the Oklahoma Children’s Code may be conducted via teleconference
communication; provided, that when a parent or child appears for a
proceeding via teleconference communication, the attorney
representing that parent or child shall personally appear at the
hearing. For purposes of this paragraph, “teleconference
communication” means participation in the hearing by interactive
telecommunication, including telephonic communication by the absent
party, those parties present in court, the attorneys and others
deemed to be necessary participants to the proceeding including, but
not limited to, foster parents and facility staff where a child may
be receiving care or treatment. This paragraph shall also apply to
proceedings brought pursuant to the Inpatient Mental Health and
Substance Abuse Treatment of Minors Act when the subject child is
alleged or has been adjudicated to be a deprived child.
B. A child shall not refuse to be a witness in a hearing to
determine whether or not the child is deprived. The testimony of
the child may be given as provided by this part or as otherwise
authorized by law for the protection of child witnesses.
C. A decision determining a child to be deprived must be based
on sworn testimony and the child must have the opportunity for
cross-examination unless the facts are stipulated.
Status: in_force · Read it on the official government site
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