Okla. Stat. tit. 10A, § 1-4-503
Conduct of Hearings
Effective Jul 1, 2000Laws 1968, SB 446, c. 282, § 111, eff. January 13, 1969; Amended by Laws 1975, HB 1424, c. 252, § 1, emerg. eff. June 2, 1975; Amended by Laws 1991, HB 1761, c. 296, § 8, eff. September 1, 1991; Amended by Laws 1992, HB 1544, c. 298, § 24, eff. July 1, 1993; Amended by Laws 1993, HB 1532, c. 302, § 1, eff. September 1, 1993; Amended by Laws 1994, HB 2640, c. 290, § 38, eff. July 1, 1994; Renumbered from 10 O.S. § 1111 by Laws 1995, HB 1978, c. 352, § 23, emerg. eff. July 1, 1995; Amended by Laws 1995, HB 1978, c. 352, § 23, emerg. eff. July 1, 1995; Amended by Laws 2000, HB 2452, c. 374, § 14, emerg. eff. July 1, 2000 (superseded document available).
A. All cases of deprived children shall be heard separately from the trial of cases against adults. The adjudicative hearings and hearings for termination of parental rights shall be conducted according to the rules of evidence.
1.
- a. Except as otherwise provided by this paragraph, all deprived proceedings shall be private unless specifically ordered by the judge to be conducted in public, but persons having a direct interest in the case shall be admitted.
- b. To the extent that deprived proceedings involve discussion of confidential information from any child abuse or neglect report and record, or any information obtained from the Department of Human Services concerning a child or family who is receiving Title IV-B child welfare services, Title IV-E foster care or adoption assistance, the confidentiality requirements of those programs apply. Accordingly, such information shall not be discussed in open court. To the extent that confidential information is relevant to the proceedings, it must be discussed in the court's chambers or some other restricted setting, and the pertinent sections of the transcript shall be kept confidential.
- 2. Stenographic notes or other transcript of the hearings shall be kept as in other cases, but they shall not be open to inspection except by order of the court or as otherwise provided by law.
- B. A child who is determined to be competent to testify shall not refuse to be a witness in a hearing to determine whether or not the child is deprived, unless the privilege against self-incrimination is invoked. The testimony of the child may be given as provided by this part or as otherwise authorized by law for the protection of child witnesses.
- C. A decision determining a child to be deprived must be based on sworn testimony and the child must have the opportunity for cross-examination unless the facts are stipulated.
Laws 1968, SB 446, c. 282, § 111, eff. January 13, 1969; Amended by Laws 1975, HB 1424, c. 252, § 1, emerg. eff. June 2, 1975; Amended by Laws 1991, HB 1761, c. 296, § 8, eff. September 1, 1991; Amended by Laws 1992, HB 1544, c. 298, § 24, eff. July 1, 1993; Amended by Laws 1993, HB 1532, c. 302, § 1, eff. September 1, 1993; Amended by Laws 1994, HB 2640, c. 290, § 38, eff. July 1, 1994; Renumbered from 10 O.S. § 1111 by Laws 1995, HB 1978, c. 352, § 23, emerg. eff. July 1, 1995; Amended by Laws 1995, HB 1978, c. 352, § 23, emerg. eff. July 1, 1995; Amended by Laws 2000, HB 2452, c. 374, § 14, emerg. eff. July 1, 2000 (superseded document available).