Okla. Stat. tit. 10A, § 10A-2-2-106
This is the official text of Okla. Stat. tit. 10A, § 10A-2-2-106, 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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Petition - Subsequent pleadings - Amended petitions
Official statutory text
A. If a child has been taken into custody pursuant to the
provisions of the Oklahoma Juvenile Code before a petition has been
filed, a petition shall be filed and summons issued within five (5)
judicial days from the date of such assumption of custody, or
custody of the child shall be relinquished to the parent of the
child, legal guardian, legal custodian, or other responsible adult,
unless otherwise provided for in the Oklahoma Juvenile Code.
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 286
B. No pleading subsequent to the petition is required, and the
filing of any motion or pleading shall not delay the holding of the
adjudicatory hearing.
C. A petition may be amended by order of the court at any time
before an order of adjudication has been made, provided that the
court shall grant the parties such additional time to prepare as may
be required to insure a full and fair hearing. A petition shall be
deemed to have been amended to conform to the proof where the proof
does not change the substance of the act, omission or circumstance
alleged. However, the court shall not amend the adjudicatory
category prayed for in the petition.
D. A petition in a juvenile proceeding may be filed by the
district attorney to determine if further action is necessary. The
proceeding shall be entitled “In the matter of _______________, an
alleged (delinquent) or (a child alleged to be in need of
supervision)”. The petition shall be verified and may be upon
information and belief. It shall set forth:
1. With particularity facts which bring the child within the
purview of the Oklahoma Juvenile Code;
2. The name, age and residence of the child;
3. The names and residences of the parents of the child;
4. The name and residence of the legal guardian of the child,
if applicable;
5. The name and residence of the person or persons having
custody or control of the child;
6. The name and residence of the nearest known relative, if no
parent or guardian can be found;
7. The relief requested; and
8. The specific law under which the child is charged and an
endorsement of witnesses intended to be called by the petitioner,
where the child is sought to be adjudged a delinquent child.
E. A copy of the petition shall be attached to and served with
the summons.
provisions of the Oklahoma Juvenile Code before a petition has been
filed, a petition shall be filed and summons issued within five (5)
judicial days from the date of such assumption of custody, or
custody of the child shall be relinquished to the parent of the
child, legal guardian, legal custodian, or other responsible adult,
unless otherwise provided for in the Oklahoma Juvenile Code.
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 286
B. No pleading subsequent to the petition is required, and the
filing of any motion or pleading shall not delay the holding of the
adjudicatory hearing.
C. A petition may be amended by order of the court at any time
before an order of adjudication has been made, provided that the
court shall grant the parties such additional time to prepare as may
be required to insure a full and fair hearing. A petition shall be
deemed to have been amended to conform to the proof where the proof
does not change the substance of the act, omission or circumstance
alleged. However, the court shall not amend the adjudicatory
category prayed for in the petition.
D. A petition in a juvenile proceeding may be filed by the
district attorney to determine if further action is necessary. The
proceeding shall be entitled “In the matter of _______________, an
alleged (delinquent) or (a child alleged to be in need of
supervision)”. The petition shall be verified and may be upon
information and belief. It shall set forth:
1. With particularity facts which bring the child within the
purview of the Oklahoma Juvenile Code;
2. The name, age and residence of the child;
3. The names and residences of the parents of the child;
4. The name and residence of the legal guardian of the child,
if applicable;
5. The name and residence of the person or persons having
custody or control of the child;
6. The name and residence of the nearest known relative, if no
parent or guardian can be found;
7. The relief requested; and
8. The specific law under which the child is charged and an
endorsement of witnesses intended to be called by the petitioner,
where the child is sought to be adjudged a delinquent child.
E. A copy of the petition shall be attached to and served with
the summons.
Status: in_force · Read it on the official government site
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