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

Okla. Stat. tit. 10A, § 10A-2-2-402: Conduct of adjudicative hearings

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

A. All cases of children shall be heard separately from the

trial of cases against adults. The adjudicative hearings shall be

conducted according to the rules of evidence, and may be adjourned

from time to time.

1. Except as provided by paragraph 2 of this subsection, the

hearings shall be private; however, all persons having a direct

interest in the case as provided in this paragraph shall be

admitted. Any victim, relative, legal guardian of a victim, or a

person designated by the victim who is not subject to the rule of

sequestration as a witness of a delinquent act shall be considered

to have a direct interest in the case, shall be notified of all

court hearings involving that particular delinquent act, and shall

be admitted to the proceedings. The court shall, however, remove

all persons not having a direct interest in the case or that are not

the parents or legal guardian of the child from any hearing where

evidence of the medical or behavioral health condition of the child

or specific instances of deprivation are being presented.

Stenographic notes or other transcript of the hearings shall be kept

as in other cases, but they shall not be open to inspection except

by order of the court or as otherwise provided by law.

2. Hearings related to the second or subsequent delinquency

adjudication of a child shall be public proceedings. The

adjudications relied upon to determine whether a hearing is a public

proceeding pursuant to this paragraph shall not have arisen out of

the same transaction or occurrence or series of events closely

related in time and location. Upon its own motion or the motion of

any of the parties to the hearing and for good cause shown, the

court may order specific testimony or evidence to be heard in

private; provided, the court shall not exclude any relative, legal

guardian of a victim, or a person designated by the victim who is

not subject to the rule of sequestration as a witness from the

hearing during testimony of the victim. For the purposes of this

paragraph, "good cause" shall mean a showing that it would be

substantially harmful to the mental or physical well-being of the

child if such testimony or evidence were presented at a public

hearing. The judge may, for good cause shown, open the court

hearings to educate members of the public about juvenile justice

issues; however, the identities of the juvenile respondents shall

not be published in any reports or articles of general circulation.

B. The child may remain silent as a matter of right in

delinquency hearings and in need of supervision hearings, and before

the child testifies, the child shall be so advised.

C. A decision determining a child to come within the purview of

the Oklahoma Juvenile Code shall be based on sworn testimony and the

child shall have the opportunity for cross-examination unless the

facts are stipulated or unless the child enters into a stipulation

that the allegations of the petition are true or that sufficient

evidence exists to meet the burden of proof required for the court

to sustain the allegations of the petition. In proceedings pursuant

to the Oklahoma Juvenile Code, the court may allow mileage as in

civil actions to witnesses and reimbursement for expert witnesses

but such shall not be tendered in advance of the hearing. If a

child is alleged to be delinquent and the facts are stipulated, the

judge shall ascertain from the child if the child agrees with the

stipulation and if the child understands the consequences of

stipulating the facts.

D. For any child being held in a secure detention on charges as

an accused juvenile delinquent, adjudication shall occur within

thirty (30) days after the detainment for that charge. This time

may be extended to allow parties to negotiate in good faith to

review discovery or for any other good cause shown. The provisions

and if the child understands the consequences of

stipulating the facts.

D. For any child being held in a secure detention on charges as

an accused juvenile delinquent, adjudication shall occur within

thirty (30) days after the detainment for that charge. This time

may be extended to allow parties to negotiate in good faith to

review discovery or for any other good cause shown. The provisions

of this subsection shall not apply to matters in which a non-jury or

jury trial are requested by the child.

E. If the court finds that the allegations of a petition

alleging a child to be delinquent or in need of supervision are

supported by the evidence, the court shall sustain the petition, and

shall make an order of adjudication setting forth whether the child

is delinquent or in need of supervision and shall adjudge the child

as a ward of the court.

F. If the court finds that the allegations of the petition are

not supported by the evidence, the court shall order the petition

dismissed and shall order the child discharged from any detention or

restriction previously ordered. The parents, legal guardian or

other legal custodian of the child shall also be discharged from any

restriction or other previous temporary order.

G. Any arrest or detention under the Oklahoma Juvenile Code or

any adjudication in a juvenile proceeding shall not be considered an

arrest, detention or conviction for purposes of employment, civil

rights, or any statute, regulation, license, questionnaire,

application, or any other public or private purposes, unless

otherwise provided by law.

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

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