Okla. Stat. tit. 10A, § 1-4-102
Custody or Visitation Proceeding - Evidence of Child Abuse or Neglect - Referral for Investigation - District Attorney to Decide Whether to File Deprived Petition - Attorney or Guardian Ad Litem for Child
Effective Jun 11, 1998Added by Laws 1977, SB 62, c. 259, § 2, eff. October 1, 1977; Amended by Laws 1982, HB 1468, c. 312, § 14, eff. October 1, 1982; Amended by Laws 1995, HB 1978, c. 352, § 5, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1102.1by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1996, HB 2053, c. 200, § 5, eff. November 1, 1996; Amended by Laws 1997, HB 1927, c. 386, § 2, emerg. eff. June 10, 1997 (superseded document available); Amended by Laws 1998, SB 1224, c. 421, § 4, emerg. eff. June 11, 1998 (superseded document available).
A.
- 1. If the evidence in an action for a divorce, for alimony without a divorce, for an annulment, for custody of a child or for the appointment of a guardian of the person of a child, for habeas corpus in subsequent proceedings in such actions, indicates that a child is deprived, the referring court shall notify the appropriate county office of the Department of Human Services that the child may be a victim of abuse or neglect.
- 2. The county office shall conduct a preliminary inquiry or investigation concerning such report in accordance with priority guidelines established by the Department of Human Services.
- 3. The Department shall submit all findings regarding the preliminary inquiry or investigation to the office of the district attorney and send a copy of its findings to such court within thirty (30) days of such notice, and notify parties to the proceeding of the submission of the report to the court.
- 4. The district attorney shall advise the court within three (3) days of the receipt of the Department's findings whether a deprived petition will be filed by that office. If no deprived petition is filed, the court may take appropriate action regarding the custody of the child, or appointment of a guardian for the child.
- B. Nothing in this section shall preclude the referring court from entering an order to have the child taken into emergency custody if evidence presented to the referring court indicates a child is in surroundings that are such as to endanger the welfare of the child. If a child is taken into emergency custody by such an order, the provisions of Article III of the Oklahoma Children's Code shall apply.
- C. If, in any proceeding listed in subsection A of this section, the evidence indicates that a child has been subject to abuse or neglect, the court shall appoint an attorney to represent the child for that proceeding and any related proceedings and, as provided by Section 7003-3.7 of this title, the court shall appoint a guardian ad litem for the child.
Added by Laws 1977, SB 62, c. 259, § 2, eff. October 1, 1977; Amended by Laws 1982, HB 1468, c. 312, § 14, eff. October 1, 1982; Amended by Laws 1995, HB 1978, c. 352, § 5, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1102.1by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1996, HB 2053, c. 200, § 5, eff. November 1, 1996; Amended by Laws 1997, HB 1927, c. 386, § 2, emerg. eff. June 10, 1997 (superseded document available); Amended by Laws 1998, SB 1224, c. 421, § 4, emerg. eff. June 11, 1998 (superseded document available).