Okla. Stat. tit. 10A, § 1-4-101
Jurisdiction - Temporary Order - Interlocutory Relief - Conflicting Orders - Venue - Transfer of Proceedings
Effective Nov 1, 1996Added 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.
A.
1. Upon the filing of a petition, or upon the assumption of custody pursuant to the provisions of Article III of this Code, the district court of the county in which an alleged deprived child:
- a. resides,
- b. is found, or
- c. where the alleged acts of deprivation occurred, shall have jurisdiction of any child who is or is alleged to be deprived, shall have jurisdiction of the parent, guardian, custodian, legal guardian or stepparent of said child, regardless of where the parent, guardian, custodian, legal guardian 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 can issue any temporary order or grant any interlocutory relief authorized by this chapter in an emergency, notwithstanding the fact that 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 in which a petition is filed pursuant to subsection B of this section sustains the petition, that 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 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 petition is filed, the determination shall be made by the chief 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 petition is filed, 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 petition is filed, the determination shall be made by the chief 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.