Okla. Stat. tit. 10A, § 10A-1-4-601
This is the official text of Okla. Stat. tit. 10A, § 10A-1-4-601, 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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Adjudication hearing
Official statutory text
A. The court shall hold an adjudication hearing following the
filing of a petition alleging that a child is deprived. The hearing
shall be held not more than ninety (90) calendar days following the
filing of the petition. The child and the child’s parents,
guardian, or other legal custodian shall be entitled to not less
than twenty (20) days’ prior notice of the hearing.
B. 1. The child shall be released from emergency custody in
the event the adjudication hearing is delayed beyond ninety (90)
days from the date the petition is filed unless the court issues a
written order with findings of fact supporting a determination that:
a. there exists reasonable suspicion that the health,
safety, or welfare of the child would be in imminent
danger if the child were returned to the home, and
b. there exists either an exceptional circumstance to
support the continuance of the child in emergency
custody or the parties and the guardian ad litem, if
any, agree to such continuance.
2. If the adjudicatory hearing is delayed pursuant to this
subsection, the emergency custody order shall expire unless the
hearing on the merits of the petition is held within one hundred
eighty (180) days after the actual removal of the child.
C. The release of a child from emergency custody due to the
failure of an adjudication hearing being held within the time frame
prescribed by this section shall not deprive the court of
jurisdiction over the child and the parties or authority to enter
temporary orders the court deems necessary to provide for the
health, safety, and welfare of the child pending the hearing on the
petition.
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 104
D. At the adjudication hearing, if the court finds that it is
in the best interest of the child, the court shall:
1. Accept a stipulation by the child’s parent, guardian, or
other legal custodian that the facts alleged in the petition are
true and correct;
2. Accept a stipulation by the child’s parent, guardian, or
other legal custodian that if the state presented its evidence
supporting the truth of the factual allegations in the petition to a
court of competent jurisdiction, such evidence would be sufficient
to meet the state’s burden of proving by a preponderance of the
evidence that the factual allegations are true and correct; or
3. Conduct a nonjury trial to determine whether the state has
met its burden of proving by a preponderance of the evidence that
the factual allegations in the petition are true and correct.
E. 1. A decision determining a child to be deprived in a
nonjury trial shall be based on sworn testimony.
2. The child, as a party to the proceeding, shall be given the
opportunity to cross-examine witnesses and to present a case in
chief if desired.
filing of a petition alleging that a child is deprived. The hearing
shall be held not more than ninety (90) calendar days following the
filing of the petition. The child and the child’s parents,
guardian, or other legal custodian shall be entitled to not less
than twenty (20) days’ prior notice of the hearing.
B. 1. The child shall be released from emergency custody in
the event the adjudication hearing is delayed beyond ninety (90)
days from the date the petition is filed unless the court issues a
written order with findings of fact supporting a determination that:
a. there exists reasonable suspicion that the health,
safety, or welfare of the child would be in imminent
danger if the child were returned to the home, and
b. there exists either an exceptional circumstance to
support the continuance of the child in emergency
custody or the parties and the guardian ad litem, if
any, agree to such continuance.
2. If the adjudicatory hearing is delayed pursuant to this
subsection, the emergency custody order shall expire unless the
hearing on the merits of the petition is held within one hundred
eighty (180) days after the actual removal of the child.
C. The release of a child from emergency custody due to the
failure of an adjudication hearing being held within the time frame
prescribed by this section shall not deprive the court of
jurisdiction over the child and the parties or authority to enter
temporary orders the court deems necessary to provide for the
health, safety, and welfare of the child pending the hearing on the
petition.
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 104
D. At the adjudication hearing, if the court finds that it is
in the best interest of the child, the court shall:
1. Accept a stipulation by the child’s parent, guardian, or
other legal custodian that the facts alleged in the petition are
true and correct;
2. Accept a stipulation by the child’s parent, guardian, or
other legal custodian that if the state presented its evidence
supporting the truth of the factual allegations in the petition to a
court of competent jurisdiction, such evidence would be sufficient
to meet the state’s burden of proving by a preponderance of the
evidence that the factual allegations are true and correct; or
3. Conduct a nonjury trial to determine whether the state has
met its burden of proving by a preponderance of the evidence that
the factual allegations in the petition are true and correct.
E. 1. A decision determining a child to be deprived in a
nonjury trial shall be based on sworn testimony.
2. The child, as a party to the proceeding, shall be given the
opportunity to cross-examine witnesses and to present a case in
chief if desired.
Status: in_force · Read it on the official government site
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