Okla. Stat. tit. 10A, § 10A-1-4-801

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 136

A. At any hearing including, but not limited to, hearings

conducted pursuant to Section 1-8-103 of Title 10A of the Oklahoma

Statutes, where it is determined that a child in state custody will

be released from state custody, the district attorney or the

attorney for the child may give verbal notice to the court of an

objection to the order of the court and an intention to seek review

of that order based on the grounds that the order of the court

releasing the child from state custody creates a serious risk of

danger to the health or safety of the child.

B. Upon giving such notice, the court issuing the custody order

in question shall stay the custody order pending the filing of an

application and completion of review as provided in this section.

The district attorney or attorney for the child shall file with the

presiding judge of the administrative judicial district a written

application for review within three (3) judicial days from the

custody order. If a written application for review is not filed

within such time period, or if a written notice to the trial court

withdrawing the objection is filed within that time period, the

objection will be deemed abandoned and the stay shall expire.

C. Each application for review shall be assigned by the

presiding judge of the administrative judicial district to a judge

within that administrative judicial district with juvenile docket

responsibilities. The review shall be completed within five (5)

judicial days of the filing of the written application for review.

The review conducted by the reviewing judge shall address the

question of whether releasing the child from state custody creates a

serious risk of danger to the health or safety of the child. The

reviewing court shall review the record of the hearing and any other

evidence deemed relevant by the reviewing court. At the conclusion

of the review, the reviewing court shall issue its findings of fact

and conclusions of law and report them to the court issuing the

custody order under review.

D. A finding by the reviewing court that the order releasing

the child from state custody creates a serious risk of danger to the

health or safety of the child shall be controlling and the court

issuing the order under review shall proceed to enter a different

custody order. If the reviewing court finds that the order under

review does not create a serious risk of danger to the health or

safety of the child and that the order is otherwise appropriate then

the court issuing the order under review shall release the stay and

the order shall be subject to appeal as provided in Section 1-5-101

of Title 10A of the Oklahoma Statutes. The failure of any court to

issue the stay mandated by this section shall be subject to

immediate mandamus to an appropriate court.