1. A. Upon the filing of a petition alleging that a child is a child in need of mental health treatment and requires inpatient mental health treatment, or upon the assumption of protective or emergency custody of an alleged deprived child pursuant to the provisions of Section 1107 [10-1107] of Title 10 of the Oklahoma Statutes, or when a child is the ward of the court, the judge of the district court having juvenile docket responsibility shall have jurisdiction of any child who is or is alleged to be in need of mental health treatment and of the parent or legal custodian of said child, regardless of where the parent or legal custodian is found. When jurisdiction has been obtained over a child who is or is alleged to be in need of mental health treatment, such jurisdiction may be retained until the child is discharged from mental health treatment ordered by the court. For the convenience of the parties and in the interest of justice, a proceeding under the Inpatient Mental Health Treatment of Children Act may be transferred to the district court in any other county.

   1. 1. The venue for legal proceedings pursuant to the Inpatient Mental Health Treatment of Children Act shall be:

      1. a. the county where the child resides,
      2. b. when the child is in the custody of a public or private child care agency, the county in which the child resides at the time legal proceedings are initiated, or
      3. c. the county of original jurisdiction.
   2. 2. The district court in which a petition is filed or the district court in which custody has been assumed pursuant to the provisions of Section 1107 [10-1107] of Title 10 of the Oklahoma Statutes may retain jurisdiction of a child in need of mental health treatment in such proceeding even if the child is subject to the jurisdiction of another district court within the state. Any orders made by the court in which said petition is filed shall control over prior orders in regard to the child.
   3. 3. The district court in which a petition is filed which alleges that a child is in need of mental health treatment may issue any temporary order or grant any interlocutory relief authorized by the Inpatient Mental Health Treatment of Children Act even if another district court within the state has jurisdiction of the child or has jurisdiction to determine the custody or support of the child.
   4. 4. If the district court in which a petition is filed pursuant to either paragraphs 2 or 3 of this subsection sustains the petition, the district court shall have the jurisdiction to make a final determination on the petition or to transfer the proceedings to a court having prior jurisdiction over the child. Where the other proceeding is pending in the same judicial district in which the petition is filed, the chief judge of the judicial district shall determine which judge shall try the issues when the judges to whom the cases have been assigned are unable to agree on the procedure that should be followed.
2. B. Unless otherwise specifically provided by the Inpatient Mental Health Treatment of Children Act and Title 43A of the Oklahoma Statutes, the rules of civil procedure shall apply to all legal proceedings pursuant to the Inpatient Mental Health Treatment of Children Act.

Added by Laws 1992, HB 1544, c. 298, § 4, eff. July 1, 1993; Amended by Laws 1995, HB 1554, c. 254, § 5, eff. November 1, 1995.