{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-4-306","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-4-306","heading":"Appointment of counsel - Guardians ad litem - Court-","body":"appointed special advocates.\n\nA. 1. a. If a parent or legal guardian of the child requests an\n\nattorney and is found to be indigent, counsel may be\n\nappointed by the court at the emergency custody\n\nhearing and shall be appointed if a petition has been\n\nfiled alleging that the child is a deprived child;\n\nprovided, that the court may appoint counsel without\n\nsuch request if it deems representation by counsel\n\nnecessary to protect the interest of the parent, legal\n\nguardian, or custodian.\n\nb. The court shall not be required to appoint an attorney\n\nfor any person other than a parent or legal guardian\n\nof the child pursuant to the provisions of this\n\nparagraph.\n\n2. a. The court may appoint an attorney or a guardian ad\n\nlitem for the child when an emergency custody hearing\n\nis held; provided, that when a petition is filed\n\nalleging the child to be deprived, the court shall\n\nappoint a separate attorney for the child, who shall\n\nnot be a district attorney, regardless of any\n\nattempted waiver by the parent, legal guardian or\n\ncustodian of the child of the right of the child to be\n\nrepresented by counsel. The child's attorney shall be\n\nindependent of and not selected by the district\n\nattorney, the child's parent, legal guardian, or\n\ncustodian. If financially capable, the parent, legal\n\nguardian or custodian shall reimburse the Court Fund\n\nfor the services of a court-appointed attorney for the\n\nchild.\n\nb. The attorney appointed for the child shall make\n\narrangements to meet with the child as soon as\n\npossible after receiving notification of the\n\nappointment. Except for good cause shown, the\n\nattorney shall meet with the child prior to any\n\nhearing in such proceeding. The attorney may speak\n\nwith the child over the telephone if a personal visit\n\nis not possible due to exigent circumstances. If a\n\nmeaningful attorney-client relationship between the\n\nchild and the attorney is prohibited due to age or\n\ndisability of the child, the attorney shall contact\n\nthe custodian or caretaker of the child prior to the\n\nhearing.\n\nc. The attorney shall represent the child and any\n\nexpressed interests of the child. To the extent that\n\na child is unable to express an interest, either\n\nbecause the child is preverbal, very young or for any\n\nreason is incapable of judgment and meaningful\n\ncommunication, the attorney shall substitute his or\n\nher judgment for that of the child and formulate and\n\npresent a position which serves the best interests of\n\nthe child. Such formulation must be accomplished\n\nthrough the use of objective criteria rather than\n\nsolely the life experience or instinct of the\n\nattorney. The objective criteria shall include, but\n\nnot be limited to:\n\n(1) a determination of the circumstances of the child\n\nthrough a full and efficient investigation,\n\n(2) assessment of the child at the moment of the\n\ndetermination,\n\n(3) examination of all options in light of the\n\npermanency plans available to the child, and\nattorney. The objective criteria shall include, but\n\nnot be limited to:\n\n(1) a determination of the circumstances of the child\n\nthrough a full and efficient investigation,\n\n(2) assessment of the child at the moment of the\n\ndetermination,\n\n(3) examination of all options in light of the\n\npermanency plans available to the child, and\n\n(4) utilization of medical, mental health and\n\neducational professionals, social workers and\n\nother related experts.\n\nThe attorney shall make such further inquiry as the attorney\n\ndeems necessary to ascertain the facts, to interview witnesses,\n\nexamine and cross-examine witnesses, make recommendations to the\n\ncourt and participate further in the proceedings to the degree\n\nappropriate for adequately representing the interests of the child.\n\nA child is a party to all deprived proceedings and is therefore able\n\nto participate as fully as the parents and the district attorney in\n\nall aspects of the proceedings including, but not limited to, voir\n\ndire, cross-examination, the subpoena of witnesses, and opening and\n\nclosing statements.\n\n3. The attorney shall be allowed a reasonable fee for such\n\nservices as determined by the court.\n\n4. When an attorney is required to travel to more than one\n\ndistrict court location in order to represent a parent, a child, or\n\nchildren whom the attorney has been court-appointed to represent,\n\nthe court may in its discretion allow the attorney a reasonable\n\nreimbursement for mileage.\n\n5. The court shall ensure that the child is represented by\n\nindependent counsel throughout the pendency of the deprived action.\n\nB. 1. After a petition is filed, the court shall appoint a\n\nguardian ad litem upon the request of the child or the attorney of\n\nthe child, and may appoint a guardian ad litem sua sponte or upon\n\nthe request of the Department of Human Services, a licensed child-\n\nplacing agency, or another party to the action.\n\n2. A guardian ad litem shall not be a district attorney, an\n\nemployee of the office of the district attorney, the child's\n\nattorney, an employee of the court, an employee of a juvenile\n\nbureau, or an employee of any public agency having duties or\n\nresponsibilities towards the child.\n\n3. The guardian ad litem shall be appointed to objectively\n\nadvocate on behalf of the child and act as an officer of the court\n\nto investigate all matters concerning the best interests of the\n\nchild. In addition to other duties required by the court and as\n\nspecified by the court, a guardian ad litem shall have the following\n\nresponsibilities:\n\na. review documents, reports, records and other\n\ninformation relevant to the case, meet with and\n\nobserve the child in appropriate settings, including\n\nthe child's current placement, and interview parents,\n\nfoster parents, health care providers, child\n\nprotective services workers and any other person with\n\nknowledge relevant to the case,\n\nb. advocate for the best interests of the child by\n\nparticipating in the case, attending any hearings in\n\nthe matter and advocating for appropriate services for\n\nthe child when necessary,\n\nc. monitor the best interests of the child throughout any\n\njudicial proceeding, and\n\nd. present written reports on the best interests of the\n\nchild that include conclusions and recommendations and\n\nthe facts upon which they are based.\n\n4. The guardian ad litem shall be given access to the court\n\nfiles and agency files and access to all documents, reports, records\n\nand other information relevant to the case and to any records and\n\nreports of examination of the child's parent or other custodian,\n\nmade pursuant to the laws relating to child abuse and neglect\n\nincluding reports generated by service providers.\n\n5. The Oklahoma Bar Association shall develop a standard\n\noperating manual for guardians ad litem which shall include, but not\ncuments, reports, records\n\nand other information relevant to the case and to any records and\n\nreports of examination of the child's parent or other custodian,\n\nmade pursuant to the laws relating to child abuse and neglect\n\nincluding reports generated by service providers.\n\n5. The Oklahoma Bar Association shall develop a standard\n\noperating manual for guardians ad litem which shall include, but not\n\nbe limited to, legal obligations and responsibilities, information\n\nconcerning child abuse, child development, domestic abuse, sexual\n\nabuse, and parent and child behavioral health and management\n\nincluding best practices. After publication of the manual, all\n\nguardians ad litem shall certify to the court in which he or she is\n\nappointed as a guardian ad litem that the manual has been read and\n\nall provisions contained therein are understood. The guardian ad\n\nlitem shall also certify that he or she agrees to follow the best\n\npractices described within the standard operating manual. The\n\nAdministrative Office of the Courts shall provide public access to\n\nthe standard operating manual by providing a link to the manual on\n\nthe Oklahoma State Courts Network (OSCN) website.\n\nC. 1. Whenever a court-appointed special advocate program is\n\navailable to the court to serve as a guardian ad litem, priority may\n\nbe given to appointment of the court-appointed special advocate to\n\nserve as guardian ad litem for the child regardless of whether a\n\nguardian ad litem has been requested pursuant to the provisions of\n\nthis subsection.\n\n2. For purposes of the Oklahoma Children's Code, a \"court-\n\nappointed special advocate\" and a \"guardian ad litem\" shall have the\n\nsame function except as otherwise provided by law. In like manner,\n\na court-appointed special advocate, except as specifically otherwise\n\nprovided by law or by the court, shall have the same power, duties,\n\nand responsibilities as assigned to a guardian ad litem by law and\n\nshall have such other qualifications, duties, and responsibilities\n\nas may be prescribed by rule by the Supreme Court.\n\n3. A court-appointed special advocate shall serve without\n\ncompensation.","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":"c0e6c690de2594c42a33e135624507729f8aaa49ffc64697deda7d257f9e5fb9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-4-305","next":"us-ok/okla.-stat.-tit.-10a-10a-1-4-401"},"notice":"GroundRules: Original legal text. Not legal advice."}