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. At any hearing, including 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 or the attorney for the child 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 creates an unreasonable risk of physical or sexual abuse to the child. Upon giving such notice, the court issuing the custody order in question shall stay the custody order pending the filing of an application and completion of review as provided in this section. The district attorney or attorney for the child shall file with the presiding judge of the administrative judicial district a written application for review within three (3) judicial days from the custody order. If an application is not filed within such time period, 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.

   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 the custody creates an unreasonable risk of physical or sexual abuse to 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 original custody order.

   A finding by the reviewing court that the original custody order regarding the child is inappropriate as a result of an unreasonable risk of physical or sexual abuse to the child shall be controlling and the court issuing the original custody order shall proceed to enter a different custody order. If the reviewing court finds that the original custody order did not place the child at risk of physical or sexual abuse and that the original custody order is appropriate then the court issuing the original order shall lift the stay and the original 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.