Multiple Amendments Enacted During the 2002 Legislative Session

1. A. The court may provide by rule who shall make a preliminary inquiry to determine whether the interests of the public or of the child who is within the purview of the Oklahoma Juvenile Code require that further court action be taken. Provided, that where intake is to be provided by the Department of Juvenile Justice under contract with the Supreme Court, or under the provision of rules issued by the Supreme Court, the preliminary inquiry shall follow the uniform contractual procedures as agreed to by the Supreme Court and the Department. If it is determined by the preliminary inquiry that no further action be taken and if agreed to by the district attorney, said person or the court may make such informal adjustment as is practicable without a petition.

2. B. A petition in a juvenile 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 (delinquent) or (a child alleged to be in need of supervision)".

   1. 1. With particularity facts which bring the child within the purview of the Oklahoma Juvenile Code;
   2. 2. The name, age and residence of the child;
   3. 3. The names and residences of the parents of the child;
   4. 4. The name and residence of the legal guardian of the child, if applicable;
   5. 5. The name and residence of the person or persons having custody or control of the child;
   6. 6. The name and residence of the nearest known relative, if no parent or guardian can be found;
   7. 7. The relief requested; and

   8. 8. The specific federal law, state law or municipal ordinance under which the child is charged, and an endorsement of witnesses intended to be called by the petitioner, where the child is sought to be adjudged a delinquent child.

      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. If any of the facts herein required are not known by the petitioner, the petition shall so state, along with the reasons why said facts are not known to petitioner.

   The petition shall be verified and may be upon information and belief. It shall set forth:

3. 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.
4. D. A copy of the petition shall be attached to and delivered with the summons.

5. E. A district attorney may defer filing a petition alleging a child to be delinquent or in need of supervision for a period of ninety (90) days if the child participates in a teen court program or a first-time offender program, as defined in Section 7303-4.6 of this title. If the child successfully completes the program, the district attorney shall not file the petition. The records of a case for which a petition is not filed shall be subject to the provisions of Article VII of the Oklahoma Juvenile Code.

   Version Two (as amended by Laws 2002, HB 2754, c. 473, § 1, eff. November 1, 2002, repealed by Laws 2003, HB 1816, c. 3, § 9, emerg. eff. March 19, 2003)

6. A. The court may provide by rule who shall make a preliminary inquiry to determine whether the interests of the public or of the child who is within the purview of the Oklahoma Juvenile Code require that further court action be taken. Provided, that where intake is to be provided by the Department of Juvenile Justice under contract with the Supreme Court, or under the provision of rules issued by the Supreme Court, the preliminary inquiry shall follow the uniform contractual procedures as agreed to by the Supreme Court and the Department. If it is determined by the preliminary inquiry that no further action be taken and if agreed to by the district attorney, the person or the court may make such informal adjustment as is practicable without a petition.

7. B. A petition in a juvenile 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 (delinquent) or (a child alleged to be in need of supervision)".

   1. 1. With particularity facts which bring the child within the purview of the Oklahoma Juvenile Code;
   2. 2. The name, age and residence of the child;
   3. 3. The names and residences of the parents of the child;
   4. 4. The name and residence of the legal guardian of the child, if applicable;
   5. 5. The name and residence of the person or persons having custody or control of the child;
   6. 6. The name and residence of the nearest known relative, if no parent or guardian can be found;
   7. 7. The relief requested; and

   8. 8. The specific federal law, state law or municipal ordinance under which the child is charged, and an endorsement of witnesses intended to be called by the petitioner, where the child is sought to be adjudged a delinquent child.

      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. If any of the facts herein required are not known by the petitioner, the petition shall so state, along with the reasons why the facts are not known to the petitioner.

   The petition shall be verified and may be upon information and belief. It shall set forth:

8. C. A petition alleging a child to be a child in need of treatment shall be filed by a district attorney pursuant to the Inpatient Mental Health Treatment of Children Act.
9. D. A copy of the petition shall be attached to and delivered with the summons.
10. E. A district attorney may defer filing a petition alleging a child to be delinquent or in need of supervision for a period of ninety (90) days if the child participates in a teen court program, a graduated sanctions program or a first-time offender program, as defined in Section 7303-4.6 of this title. If the child successfully completes the program, the district attorney shall not file the petition. The records of a case for which a petition is not filed shall be subject to the provisions of Article VII of the Oklahoma Juvenile Code.

Version One (as amended by Laws 2002, HB 2149, c. 327, § 25, emerg. eff. July 1, 2002)

Laws 1995, HB 1978, c. 352, § 116, emerg. eff. July 1, 1995; Amended by Laws 1998, HB 3151, c. 268, § 6, emerg. eff. July 1, 1998 (superseded document available); Amended by Laws 2002, HB 2149, c. 327, § 25, emerg. eff. July 1, 2002; Amended by Laws 2002, HB 2754, c. 473, § 1, eff. November 1, 2002 (repealed by Laws 2003, HB 1816, c. 3, § 8, emerg. eff. March 19, 2003) (superseded document available).