Okla. Stat. tit. 10A, § 10A-1-4-802: Hearing to determine release of child from state

custody.

A. At any hearing pursuant to the provisions of the Oklahoma

Children's Code for the purpose of determining the placement of a

child or that a child in state custody is to be released from state

custody, the court shall provide an opportunity to a representative

of the Department of Human Services, the present foster parent or

representative of the group home where a child is placed, the

guardian ad litem and the child, if of sufficient age as determined

by the court, to present sworn testimony regarding the placement of

the child or release of the child from state custody. In all cases

in which the Office of Juvenile System Oversight has conducted an

investigation regarding placement of a child or release of a child

from state custody and believes there is a serious risk of danger to

the health or safety of that child, the Oklahoma Commission on

Children and Youth shall provide to the court and the parties a

written report of their investigation and recommendation for

placement of the child. Such report shall be provided to the court

and the parties no less than five (5) days prior to the hearing.

The court, upon motion of any party, shall order attendance of any

person preparing such report when it appears there is a substantial

likelihood that material evidence not contained in the report may be

produced by the testimony of any person having prepared the report.

The court shall consider the report when making his or her decision

regarding placement of a child or release of a child from state

custody.

B. The court, the district attorney or the attorneys for the

parties may cross examine the representative of the Department, the

child, if of sufficient age as determined by the court, the present

foster parents or group home representative, and the guardian ad

litem.

C. The court shall issue written findings of fact and

conclusions of law. All hearings concerning such cases shall be on

the record. The failure of any court to provide an opportunity to a

representative of the Department or to the present foster parent or

group home representative, the guardian ad litem and to the child,

if of sufficient age as determined by the court, to present the

sworn testimony pursuant to this section shall be subject to

immediate mandamus to an appropriate court.