Okla. Stat. tit. 43A, § 43A-5-504
This is the official text of Okla. Stat. tit. 43A, § 43A-5-504, part of Oklahoma’s Stat. tit. 43A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 43A,." Browse the sections below, each linked to its official government source.
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Jurisdiction – Venue - Powers of court
Official statutory text
A. Upon the filing of a petition alleging that a minor is a
minor in need of treatment and requires inpatient mental health or
substance abuse treatment, or upon the assumption of custody of an
alleged deprived child pursuant to the provisions of Section 1-4-201
of Title 10A of the Oklahoma Statutes, or when a minor is the ward
of the court, the judge of the district court having juvenile docket
responsibility shall have jurisdiction of any minor who is or is
alleged to be a minor in need of treatment and of the parent or
legal custodian of the minor, regardless of where the parent or
legal custodian is found. When jurisdiction has been obtained over
a minor who is or is alleged to be in need of treatment, such
jurisdiction may be retained until the minor is discharged from
treatment ordered by the court. For the convenience of the parties
and in the interest of justice, a proceeding under the Inpatient
Mental Health and Substance Abuse Treatment of Minors Act may be
transferred to the district court in any other county.
Oklahoma Statutes - Title 43A. Mental Health Page 167
1. The venue for legal proceedings pursuant to the Inpatient
Mental Health and Substance Abuse Treatment of Minors Act shall be:
a. the county where the minor resides,
b. when the minor is in the custody of a public or
private child care agency, the county in which the
minor resides at the time legal proceedings are
initiated, or
c. the county of original jurisdiction.
2. The district court in which a petition is filed or the
district court in which custody has been assumed pursuant to the
provisions of Section 1-4-201 of Title 10A of the Oklahoma Statutes
may retain jurisdiction of a minor in need of treatment in such
proceeding even if the minor is subject to the jurisdiction of
another district court within the state. Any orders made by the
court in which the petition is filed shall control over prior orders
in regard to the minor.
3. The district court in which a petition is filed which
alleges that a minor is a minor in need of treatment may issue any
temporary order or grant any interlocutory relief authorized by the
Inpatient Mental Health and Substance Abuse Treatment of Minors Act
even if another district court within the state has jurisdiction of
the minor or has jurisdiction to determine the custody or support of
the minor.
4. If the district court in which a petition is filed pursuant
to either paragraph 2 or 3 of this subsection sustains the petition,
the district court shall have the jurisdiction to make a final
determination on the petition or to transfer the proceedings to a
court having prior jurisdiction over the minor. Where the other
proceeding is pending in the same judicial district in which the
petition is filed, the chief judge of the judicial district shall
determine which judge shall try the issues when the judges to whom
the cases have been assigned are unable to agree on the procedure
that should be followed.
B. Unless otherwise specifically provided by the Inpatient
Mental Health and Substance Abuse Treatment of Minors Act and Title
43A of the Oklahoma Statutes, the rules of civil procedure shall
apply to all legal proceedings pursuant to the Inpatient Mental
Health and Substance Abuse Treatment of Minors Act.
minor in need of treatment and requires inpatient mental health or
substance abuse treatment, or upon the assumption of custody of an
alleged deprived child pursuant to the provisions of Section 1-4-201
of Title 10A of the Oklahoma Statutes, or when a minor is the ward
of the court, the judge of the district court having juvenile docket
responsibility shall have jurisdiction of any minor who is or is
alleged to be a minor in need of treatment and of the parent or
legal custodian of the minor, regardless of where the parent or
legal custodian is found. When jurisdiction has been obtained over
a minor who is or is alleged to be in need of treatment, such
jurisdiction may be retained until the minor is discharged from
treatment ordered by the court. For the convenience of the parties
and in the interest of justice, a proceeding under the Inpatient
Mental Health and Substance Abuse Treatment of Minors Act may be
transferred to the district court in any other county.
Oklahoma Statutes - Title 43A. Mental Health Page 167
1. The venue for legal proceedings pursuant to the Inpatient
Mental Health and Substance Abuse Treatment of Minors Act shall be:
a. the county where the minor resides,
b. when the minor is in the custody of a public or
private child care agency, the county in which the
minor resides at the time legal proceedings are
initiated, or
c. the county of original jurisdiction.
2. The district court in which a petition is filed or the
district court in which custody has been assumed pursuant to the
provisions of Section 1-4-201 of Title 10A of the Oklahoma Statutes
may retain jurisdiction of a minor in need of treatment in such
proceeding even if the minor is subject to the jurisdiction of
another district court within the state. Any orders made by the
court in which the petition is filed shall control over prior orders
in regard to the minor.
3. The district court in which a petition is filed which
alleges that a minor is a minor in need of treatment may issue any
temporary order or grant any interlocutory relief authorized by the
Inpatient Mental Health and Substance Abuse Treatment of Minors Act
even if another district court within the state has jurisdiction of
the minor or has jurisdiction to determine the custody or support of
the minor.
4. If the district court in which a petition is filed pursuant
to either paragraph 2 or 3 of this subsection sustains the petition,
the district court shall have the jurisdiction to make a final
determination on the petition or to transfer the proceedings to a
court having prior jurisdiction over the minor. Where the other
proceeding is pending in the same judicial district in which the
petition is filed, the chief judge of the judicial district shall
determine which judge shall try the issues when the judges to whom
the cases have been assigned are unable to agree on the procedure
that should be followed.
B. Unless otherwise specifically provided by the Inpatient
Mental Health and Substance Abuse Treatment of Minors Act and Title
43A of the Oklahoma Statutes, the rules of civil procedure shall
apply to all legal proceedings pursuant to the Inpatient Mental
Health and Substance Abuse Treatment of Minors Act.
Status: in_force · Read it on the official government site
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