1. A. Any interested party aggrieved by any order or decree may appeal to the Supreme Court pursuant to Section 7003-6.4 of this title and the rules of the Supreme Court of this state.
2. B. The pendency of an appeal thus taken shall not suspend the order of the district court regarding a child, nor shall it remove the child from the custody of that court or of the person, institution or agency to whose care such child has been committed, unless the Supreme Court shall so order, except as provided in subsection C of this section. The pendency of an appeal from an order of adjudication shall not prevent the district court from holding a dispositional hearing unless the appellate court shall so order.

3. C.

   1. 1. If the court determines it would be in the best interests of a child, the court may place the child in the legal custody of the Department of Human Services. If the child is placed in the custody of the Department, the court may not direct the Department to place the child in a specific home or placement.
   2. 2. At any hearing including, but not limited to, hearings conducted pursuant to Section 7003-8.6 of this title, where it is determined that a child in state custody will be released from state custody, the district attorney, the attorney for the child, or the Department of Human Services through the district attorney may give verbal notice to the court of an objection to the order of the court and an intention to seek review of that order based on the grounds that the order of the court releasing the child from state custody creates a serious risk of danger to the health or safety of the child. The party giving notice of its objection to the order of the court and its intent to seek review of that order shall file with the presiding judge of the administrative judicial district a written application to review the order no later than 5:00 p.m. the following judicial day; provided, if the district attorney and the Department of Human Services disagree regarding the order of the court releasing the child from state custody, the written application to review the order on behalf of the Department shall be filed by the Department.
   3. 3. Upon giving such notice, the court issuing the custody order in question shall stay the custody order filing of an application and completion of review as provided in this section. If a written application for review is not filed by 5:00 p.m. the following judicial day, or if a written notice to the trial court withdrawing the objection is filed within that time period, the objection will be deemed abandoned and the stay shall be lifted.
   4. 4. Each application for review shall be assigned by the presiding judge of the administrative judicial district to a judge within that administrative judicial district with juvenile docket responsibilities. The review shall be completed within five (5) judicial days of the filing of the written application for review. The review conducted by the reviewing judge shall address the question of whether releasing the child from state custody creates a serious risk of danger to the health or safety of the child. The reviewing court shall review the record of the hearing and any other evidence deemed relevant by the reviewing court. At the conclusion of the review, the reviewing court shall issue its findings of fact and conclusions of law and report them to the court issuing the custody order under review.
   5. 5. A finding by the reviewing court that the order releasing the child from state custody creates a serious risk of danger to the health or safety of the child shall be controlling and the court issuing the order under review shall proceed to enter a different custody order. If the reviewing court finds that the order under review does not create a serious risk of danger to the health or safety of the child and that the order is otherwise appropriate then the court issuing the order under review shall lift the stay and the order shall be subject to appeal as provided in subsection A of this section. The failure of any court to issue the stay mandated by this subsection shall be subject to immediate mandamus to an appropriate court.

Added by Laws 1968, SB 446, c. 282, § 123, eff. January 13, 1969; Amended by Laws 1975, HB 1525, c. 192, § 1, emerg. eff. May 23, 1975; Amended by Laws 1977, HB 1125, c. 79, § 4; Amended by Laws 1995, HB 1978, c. 352, § 35, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1123 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1996, HB 2053, c. 200, § 7, eff. November 1, 1996; Amended by Laws 1999, HB 1280, c. 396, § 8, emerg. eff. June 10, 1999 (superseded document available); Amended by Laws 2006, HB 2840, c. 205, § 5, eff. November 11, 2006 (superseded document available).