Okla. Stat. tit. 10A, § 1-4-301
Verified Petition - Contents - Delivery With Summons - Signature
Effective Jul 1, 2002Added by Laws 1968, SB 446, c. 282, § 103, eff. January 13, 1969; Amended by Laws 1971, HB 1316, c. 66, § 1, eff. October 1, 1971; Amended by Laws 1973, SB 381, c. 142, § 1, emerg. eff. May 10, 1973; Amended by Laws 1976, HB 2007, c. 51, § 1, emerg. eff. April 12, 1976; Amended by Laws 1977, HB 1121, c. 259, § 3, eff. October 1, 1977; Amended by Laws 1982, HB 1468, c. 312, § 15, eff. October 1, 1982; Amended by Laws 1990, HB 2354, c. 302, § 2, eff. September 1, 1990; Amended by Laws 1992, HB 1544, c. 298, § 17, eff. July 1, 1993; Amended by Laws 1994, HB 2640, c. 290, § 31, emerg. eff. July 1, 1994; Amended by Laws 1995, HB 1978, c. 352, § 15, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1103 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1998, SB 1224, c. 421, § 8, emerg. eff. June 11, 1998 (superseded document available); Amended by Laws 2002, HB 2149, c. 327, § 17, emerg. eff. July 1, 2002 (superseded document available).
A.
- 1. A petition in a deprived child 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 deprived child".
2. The petition shall be verified and may be upon information and belief. The petition shall set forth:
- a. with particularity, facts which bring the child within the purview of this article,
- b. the name, age and residence of the child,
- c. the names and residences of the child's parents,
- d. the name and residence of the child's legal guardian, if there is one,
- e. the name and residence of the person or persons having custody or control of the child,
- f. the name and residence of the nearest known relative, if no parent, legal guardian or custodian of the child can be found, and
- g. the relief requested and an endorsement of witnesses intended to be called by the petitioner.
- 3. If a termination of parental rights is desired, it must be stated in the petition and summons, and if an order for the payment of funds for the care and maintenance of the child is desired, it must be stated in the petition and summons.
- 4. If any of the facts herein required are not known by the petitioner, the petition shall so state, along with the reasons why such facts are not known to petitioner.
B.
- 1. A petition for termination of parental rights may be filed by the district attorney or the child's attorney.
- 2. A petition for termination of parental rights shall be filed by the district attorney for those petitions required to be filed pursuant to the provisions of Section 7003-4.7 of this title.
- 3. If the child's attorney files a petition for the termination of the parental rights of the parents of the child, the district attorney shall join in the petition or motion for those petitions or motions required to be filed by the district attorney pursuant to the provisions of Section 7003-4.7 of this title.
- C. A petition alleging a child to be a minor in need of treatment shall be filed by a district attorney pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act.
- D. A copy of the petition in a deprived child proceeding shall be attached to and delivered with the summons.
E.
- 1. Any petition filed by the district attorney shall be signed by the district attorney or authorized assistant.
- 2. A petition for termination of parental rights filed by the child's attorney shall be signed by the child's attorney and the district attorney if joined as a party to the petition pursuant to the provisions of subsection B of this section.
Added by Laws 1968, SB 446, c. 282, § 103, eff. January 13, 1969; Amended by Laws 1971, HB 1316, c. 66, § 1, eff. October 1, 1971; Amended by Laws 1973, SB 381, c. 142, § 1, emerg. eff. May 10, 1973; Amended by Laws 1976, HB 2007, c. 51, § 1, emerg. eff. April 12, 1976; Amended by Laws 1977, HB 1121, c. 259, § 3, eff. October 1, 1977; Amended by Laws 1982, HB 1468, c. 312, § 15, eff. October 1, 1982; Amended by Laws 1990, HB 2354, c. 302, § 2, eff. September 1, 1990; Amended by Laws 1992, HB 1544, c. 298, § 17, eff. July 1, 1993; Amended by Laws 1994, HB 2640, c. 290, § 31, emerg. eff. July 1, 1994; Amended by Laws 1995, HB 1978, c. 352, § 15, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1103 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1998, SB 1224, c. 421, § 8, emerg. eff. June 11, 1998 (superseded document available); Amended by Laws 2002, HB 2149, c. 327, § 17, emerg. eff. July 1, 2002 (superseded document available).