{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-4-203","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-4-203","heading":"Emergency custody hearing – Affidavit – Notice to","body":"relatives.\n\nA. Within the next two (2) judicial days following the child\n\nbeing taken into protective or emergency custody, the court shall\n\nconduct an emergency custody hearing. At the hearing, information\n\nmay be provided to the court in the form of oral or written reports,\n\naffidavits or testimony. Any information having probative value may\n\nbe received by the court regardless of its admissibility under the\n\nOklahoma Evidence Code. At the hearing the court shall:\n\n1. Determine whether facts exist that are sufficient to\n\ndemonstrate to the court there is reasonable suspicion that the\n\nchild is in need of immediate protection due to abuse or neglect, or\n\nthat the circumstances or surroundings of the child are such that\n\ncontinuation of the child in the child's home or in the care or\n\ncustody of the parent, legal guardian, or custodian would present an\n\nimminent danger to the child;\n\n2. Advise the parent, legal guardian, or custodian of the child\n\nin writing of the following:\n\na. any right of the parent, legal guardian, or custodian\n\nto testify and present evidence at court hearings,\n\nb. the right to be represented by an attorney at court\n\nhearings,\n\nc. the consequences of failure to attend any hearings\n\nwhich may be held, and\n\nd. the right to appeal and procedure for appealing an\n\norder of the court;\n\n3. Determine custody of the child and order one of the\n\nfollowing:\n\na. release of the child to the custody of the child's\n\nparent, legal guardian, or custodian from whom the\n\nchild was removed under any conditions the court finds\n\nreasonably necessary to protect the health, safety, or\n\nwelfare of the child, or\n\nb. placement of the child in the custody of a responsible\n\nadult or licensed child-placing agency under any\n\nconditions the court finds reasonably necessary to\n\nprotect the health, safety, or welfare of the child,\n\nor\n\nc. whether to continue the child in or to place the child\n\ninto the emergency custody of the Department of Human\n\nServices;\n\n4. Order the parent, legal guardian, or custodian to complete\n\nan affidavit listing the names, addresses, and phone numbers of any\n\nparent, whether known or alleged, grandparent, aunt, uncle, brother,\n\nsister, half-sibling, and first cousin and any comments concerning\n\nthe appropriateness of the potential placement of the child with the\n\nrelative. If no such relative exists, the court shall require the\n\nparent, legal guardian, or custodian to list any other relatives or\n\npersons with whom the child has had a substantial relationship or\n\nwho may be a suitable placement for the child;\n\n5. Direct the parent, legal guardian, or custodian to furnish\n\nthe Department with a copy of the child's birth certificate within\n\nfifteen (15) days from the hearing if a petition is filed, unless\n\notherwise extended by the court; and\n\n6. In accordance with the safety or well-being of any child,\n\ndetermine whether reasonable efforts have been made to:\n\na. place siblings, who have been removed, together in the\n\nsame foster care, guardianship, or adoptive placement,\n\nand\n\nb. provide for frequent visitation or other ongoing\n\ninteraction in the case of siblings who have been\n\nremoved and who are not placed together.\n\nB. The office of the State Court Administrator shall create an\n\naffidavit form and make it available to each court responsible for\n\nconducting emergency custody hearings. The affidavit form shall\n\ncontain a notice to the parent, legal guardian, or custodian that\n\nfailure to identify a parent or relative in a timely manner may\n\nresult in the child being permanently placed outside of the home of\n\nthe child's parent or relative. The affidavit form shall also\n\nadvise the parent, legal guardian, or custodian of the penalties\n\nassociated with perjury and contempt of court. The original\n\ncompleted affidavit shall be filed with the court clerk no later\nodian that\n\nfailure to identify a parent or relative in a timely manner may\n\nresult in the child being permanently placed outside of the home of\n\nthe child's parent or relative. The affidavit form shall also\n\nadvise the parent, legal guardian, or custodian of the penalties\n\nassociated with perjury and contempt of court. The original\n\ncompleted affidavit shall be filed with the court clerk no later\n\nthan five (5) days after the hearing or as otherwise directed by the\n\ncourt and a copy shall be provided to the Department.\n\nC. 1. The Department shall, within thirty (30) days of the\n\nremoval of a child, exercise due diligence to identify relatives.\n\nNotice shall be provided by the Department to the following adult\n\nrelatives: all grandparents, all parents of a sibling of the child,\n\nwhere the parent has legal custody of the sibling, and other adult\n\nrelatives of the child, including relatives suggested by the\n\nparents, as the court directs. The notice shall advise the\n\nrelatives:\n\na. the child has been or is being removed from the\n\ncustody of the parent or parents of the child,\n\nb. of the options under applicable law to participate in\n\nthe care and placement of the child, including any\n\noptions that may be lost by failing to respond to the\n\nnotice, and\n\nc. of the requirements to become a foster family home and\n\nthe additional services and supports available for\n\nchildren placed in the home.\n\n2. Relatives shall not be notified if notification would not be\n\nin the best interests of a child due to past or current family or\n\ndomestic violence. The Department may promulgate rules in\n\nfurtherance of the provisions of this subsection.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"fd71fa53b35cf947221ca85895e69585bc5d38f7b8580d922887e6e84a86e60a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-4-202","next":"us-ok/okla.-stat.-tit.-10a-10a-1-4-204"},"notice":"GroundRules: Original legal text. Not legal advice."}