GroundRules
← Search the law
Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 10A, § 10A-1-4-205: Records of child in protective custody – Petition –

Read at publisher ↗
Where this section sits in the code
  1. OK Code
  2. Title 10A

Hearings – Order providing for removal of a child.

A. The office of the district attorney and the Department of

Human Services shall maintain records concerning a child in

protective custody who is released prior to the emergency custody

hearing. The records shall describe the reason for such release.

B. 1. A petition for a deprived child proceeding shall be

filed and a summons issued within seven (7) judicial days from the

date the child is taken into custody unless, upon request of the

district attorney at the emergency custody hearing, the court

determines there are compelling reasons to grant additional time for

the filing of the petition for a period of time not to exceed

fifteen (15) calendar days from the assumption of custody.

2. If a petition is not filed as required by this subsection,

the emergency custody order shall expire. The district attorney

shall submit for filing in the court record a written record

specifying the reasons why the petition was not filed and specifying

to whom the child was released.

C. The court may hold additional hearings at such intervals as

may be determined necessary by the court to provide for the health,

safety, or welfare of the child.

D. In scheduling hearings, the court shall give priority to

proceedings in which a child is in emergency custody.

E. An order of the court providing for the removal of a child

alleged to be deprived from the home of the child shall not be

entered unless the court makes a determination:

1. That continuation of the child in the child’s home is

contrary to the health, safety, or welfare of the child; and

2. As to whether or not reasonable efforts were made to prevent

the need for the removal of the child from the child’s home; or

3. As to whether or not an absence of efforts to prevent the

removal of the child from the child’s home is reasonable because the

removal is due to an alleged emergency and is for the purpose of

providing for the health, safety, or welfare of the child; or

4. That reasonable efforts to provide for the return of the

child to the child’s home are not required pursuant to Section 1-4-

809 of Title 10A of the Oklahoma Statutes; provided, however, upon

such determination, the court shall inform the parent that a

permanency hearing will be held within thirty (30) days from the

determination.

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

Browse this collection