Okla. Stat. tit. 10A, § 1-4-101
Jurisdiction - Temporary Order - Interlocutory Relief - Conflicting Orders - Venue - Transfer of Proceedings
Effective Nov 1, 2005Added by Laws 1995, HB 1978, c. 352, § 4, emerg. eff. July 1, 1995; Amended by Laws 1996, HB 2053, c. 200, § 4, eff. November 1, 1996; Amended by Laws 1998, SB 1224, c. 421, § 3, emerg. eff. June 11, 1998 (superseded document available); Amended by Laws 2005, SB 328, c. 69, § 1, eff. November 1, 2005 (superseded document available).
A.
1. Upon the filing of a petition, or upon the assumption of custody pursuant to the provisions of Article III of the Oklahoma Children's Code, the district court with juvenile or domestic docket responsibility in the county in which an alleged deprived child:
- a. resides,
- b. is found,
- c. where the alleged acts of deprivation occurred, or
d. where a parent or sibling has a deprived proceeding pending,
shall have jurisdiction of any child who is or is alleged to be deprived, shall have jurisdiction of the parent, legal guardian, custodian or stepparent of such child, regardless of where such parent, legal guardian, custodian, or stepparent is found, and shall have jurisdiction of any other adult person living in the home of such child.
- 2. When jurisdiction has been obtained over a child who is or is alleged to be a deprived child, such jurisdiction may be retained until the child becomes eighteen (18) years of age.
- 3. For the convenience of the parties and in the interest of justice, a proceeding under this chapter may be transferred to the district court in any other county.
- 4. When it is in the best interests of the child, the court shall transfer a proceeding under this chapter to the district court in another county.
- B. The district court in which a petition is filed which alleges that a child is deprived or which assumes custody pursuant to Article III of this Code may issue any temporary order or grant any interlocutory relief authorized by this chapter in an emergency, regardless of whether another district court within the state has jurisdiction of the child or has jurisdiction to determine the custody or support of the child.
C. If the district court presiding over a deprived action filed pursuant to subsection B of this section sustains the petition or assumes custody pursuant to Article III of this Code, that district court shall have the jurisdiction to make a final determination on the matter or to transfer the proceedings to a court having prior jurisdiction over the child. If the judges to whom the cases have been assigned are unable to agree on the procedure that should be followed, the determination of whether the proceeding should be consolidated and, if consolidated, which judge shall try the issues shall be determined as follows:
- 1. If the other proceeding is pending in the same judicial district in which the deprived petition is filed or custody is assumed, the determination shall be made by the presiding judge of that judicial district;
- 2. If the other proceeding is pending in a different judicial district but within the same judicial administrative district in which the deprived petition is filed or custody is assumed, the determination shall be made by the presiding judge of that judicial administrative district;
- 3. If the other proceeding is pending in a judicial district not within the same judicial administrative district in which the deprived petition is filed or custody is assumed, the determination shall be made by the presiding judge of the judicial district where the other proceeding is pending.
Added by Laws 1995, HB 1978, c. 352, § 4, emerg. eff. July 1, 1995; Amended by Laws 1996, HB 2053, c. 200, § 4, eff. November 1, 1996; Amended by Laws 1998, SB 1224, c. 421, § 3, emerg. eff. June 11, 1998 (superseded document available); Amended by Laws 2005, SB 328, c. 69, § 1, eff. November 1, 2005 (superseded document available).