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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 10A, § 10A-1-4-102: Evidence of child abuse or neglect in matrimonial or

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Where this section sits in the code
  1. OK Code
  2. Title 10A

child custody actions - Investigation by Department of Human

Services - Orders for protective custody - Appointment of attorney

for child.

A. 1. If the evidence in a court proceeding concerning child

custody or visitation indicates that a child may be a victim of

abuse or neglect, the court shall refer the allegations to the

Department of Human Services for an assessment or investigation.

2. The Department shall conduct an assessment or investigation

concerning such report in accordance with priority guidelines

established by the Department.

3. The Department shall submit a report of its assessment or

investigation to the office of the district attorney and provide a

copy of its reports to the referring court within thirty (30) days

of such notice, and notify parties to the proceeding of the

submission of the report to the court.

4. The district attorney shall advise the referring court

within three (3) days of the receipt of the findings of the

Department whether a deprived petition will be filed by that office.

If no deprived petition is filed, the referring court may take

appropriate action regarding the custody or visitation of the child.

B. Nothing in this section shall:

a. preclude the referring court from entering an order to

have the child taken into emergency custody if

evidence presented to the referring court indicates a

child is in surroundings that are such as to endanger

the welfare of the child. If a child is placed into

emergency custody by such an order, the provisions of

Chapter IV of the Oklahoma Children's Code shall

apply, or

b. preclude any court presiding over any proceeding from

referring allegations of child abuse or neglect to the

Department for assessment or investigation.

C. If, in any proceeding concerning child custody or

visitation, the evidence indicates that a child has been subject to

abuse or neglect, the court shall appoint an attorney to represent

the child for that proceeding and any related proceedings and may

appoint a guardian ad litem for the child as permitted by law.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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