- A. If a child has been taken into custody pursuant to the provisions of the Juvenile Justice Code before a petition has been filed, a petition shall be filed and a summons issued within five (5) judicial days from the date of such assumption of custody, or custody of the child shall be relinquished to the child's parent, legal guardian, legal custodian, or other responsible adult, unless otherwise provided for in the Oklahoma Juvenile Code.
B. No order of the court providing for the removal of a child alleged or adjudicated delinquent or in need of supervision from his home shall be entered unless the court finds that the continuation of the child in the home of the child is contrary to the welfare of the child. Said order shall include either:
- 1. A determination as to whether or not reasonable efforts have been made to prevent the need for the removal of the child from the home and, as appropriate, reasonable efforts have been made to provide for the return of the child to the home; or
- 2. A determination as to whether or not an absence of efforts to prevent the removal of the child from the home is reasonable under the circumstances, if such removal of the child from the home is due to an alleged emergency and is for the purpose of providing for the safety of the child and, in the case of a delinquent, the protection of the public.
- C. For purposes of this section and Sections 7303-1.1 and 7303-1.2 of this title, "responsible adult" means a stepparent, foster parent, person related to the juvenile in any manner who is eighteen (18) years of age or older, or any person having an obligation and authority to care for or safeguard the juvenile in another person's absence who is eighteen (18) years of age or older.
Added by Laws 1995, HB 1978, c. 352, § 117, emerg. eff. July 1, 1995.