Okla. Stat. tit. 10A, § 10A-1-4-802
This is the official text of Okla. Stat. tit. 10A, § 10A-1-4-802, 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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Hearing to determine release of child from state
Official statutory text
custody.
A. At any hearing pursuant to the provisions of the Oklahoma
Children's Code for the purpose of determining the placement of a
child or that a child in state custody is to be released from state
custody, the court shall provide an opportunity to a representative
of the Department of Human Services, the present foster parent or
representative of the group home where a child is placed, the
guardian ad litem and the child, if of sufficient age as determined
by the court, to present sworn testimony regarding the placement of
the child or release of the child from state custody. In all cases
in which the Office of Juvenile System Oversight has conducted an
investigation regarding placement of a child or release of a child
from state custody and believes there is a serious risk of danger to
the health or safety of that child, the Oklahoma Commission on
Children and Youth shall provide to the court and the parties a
written report of their investigation and recommendation for
placement of the child. Such report shall be provided to the court
and the parties no less than five (5) days prior to the hearing.
The court, upon motion of any party, shall order attendance of any
person preparing such report when it appears there is a substantial
likelihood that material evidence not contained in the report may be
produced by the testimony of any person having prepared the report.
The court shall consider the report when making his or her decision
regarding placement of a child or release of a child from state
custody.
B. The court, the district attorney or the attorneys for the
parties may cross examine the representative of the Department, the
child, if of sufficient age as determined by the court, the present
foster parents or group home representative, and the guardian ad
litem.
C. The court shall issue written findings of fact and
conclusions of law. All hearings concerning such cases shall be on
the record. The failure of any court to provide an opportunity to a
representative of the Department or to the present foster parent or
group home representative, the guardian ad litem and to the child,
if of sufficient age as determined by the court, to present the
sworn testimony pursuant to this section shall be subject to
immediate mandamus to an appropriate court.
A. At any hearing pursuant to the provisions of the Oklahoma
Children's Code for the purpose of determining the placement of a
child or that a child in state custody is to be released from state
custody, the court shall provide an opportunity to a representative
of the Department of Human Services, the present foster parent or
representative of the group home where a child is placed, the
guardian ad litem and the child, if of sufficient age as determined
by the court, to present sworn testimony regarding the placement of
the child or release of the child from state custody. In all cases
in which the Office of Juvenile System Oversight has conducted an
investigation regarding placement of a child or release of a child
from state custody and believes there is a serious risk of danger to
the health or safety of that child, the Oklahoma Commission on
Children and Youth shall provide to the court and the parties a
written report of their investigation and recommendation for
placement of the child. Such report shall be provided to the court
and the parties no less than five (5) days prior to the hearing.
The court, upon motion of any party, shall order attendance of any
person preparing such report when it appears there is a substantial
likelihood that material evidence not contained in the report may be
produced by the testimony of any person having prepared the report.
The court shall consider the report when making his or her decision
regarding placement of a child or release of a child from state
custody.
B. The court, the district attorney or the attorneys for the
parties may cross examine the representative of the Department, the
child, if of sufficient age as determined by the court, the present
foster parents or group home representative, and the guardian ad
litem.
C. The court shall issue written findings of fact and
conclusions of law. All hearings concerning such cases shall be on
the record. The failure of any court to provide an opportunity to a
representative of the Department or to the present foster parent or
group home representative, the guardian ad litem and to the child,
if of sufficient age as determined by the court, to present the
sworn testimony pursuant to this section shall be subject to
immediate mandamus to an appropriate court.
Status: in_force · Read it on the official government site
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