{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-4-801","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-4-801","heading":"Stay pending review of release order","body":"\n\nA. At any hearing including, but not limited to, hearings\n\nconducted pursuant to Section 1-8-103 of Title 10A of the Oklahoma\n\nStatutes, where it is determined that a child in state custody will\n\nbe released from state custody, the district attorney or the\n\nattorney for the child may give verbal notice to the court of an\n\nobjection to the order of the court and an intention to seek review\n\nof that order based on the grounds that the order of the court\n\nreleasing the child from state custody creates a serious risk of\n\ndanger to the health or safety of the child.\n\nB. Upon giving such notice, the court issuing the custody order\n\nin question shall stay the custody order pending the filing of an\n\napplication and completion of review as provided in this section.\n\nThe district attorney or attorney for the child shall file with the\n\npresiding judge of the administrative judicial district a written\n\napplication for review within three (3) judicial days from the\n\ncustody order. If a written application for review is not filed\n\nwithin such time period, or if a written notice to the trial court\n\nwithdrawing the objection is filed within that time period, the\n\nobjection will be deemed abandoned and the stay shall expire.\n\nC. Each application for review shall be assigned by the\n\npresiding judge of the administrative judicial district to a judge\n\nwithin that administrative judicial district with juvenile docket\n\nresponsibilities. The review shall be completed within five (5)\n\njudicial days of the filing of the written application for review.\n\nThe review conducted by the reviewing judge shall address the\n\nquestion of whether releasing the child from state custody creates a\n\nserious risk of danger to the health or safety of the child. The\n\nreviewing court shall review the record of the hearing and any other\n\nevidence deemed relevant by the reviewing court. At the conclusion\n\nof the review, the reviewing court shall issue its findings of fact\n\nand conclusions of law and report them to the court issuing the\n\ncustody order under review.\n\nD. A finding by the reviewing court that the order releasing\n\nthe child from state custody creates a serious risk of danger to the\n\nhealth or safety of the child shall be controlling and the court\n\nissuing the order under review shall proceed to enter a different\n\ncustody order. If the reviewing court finds that the order under\n\nreview does not create a serious risk of danger to the health or\n\nsafety of the child and that the order is otherwise appropriate then\n\nthe court issuing the order under review shall release the stay and\n\nthe order shall be subject to appeal as provided in Section 1-5-101\n\nof Title 10A of the Oklahoma Statutes. The failure of any court to\n\nissue the stay mandated by this section shall be subject to\n\nimmediate mandamus to an appropriate court.","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":"26071f7bfff7bb811a5bf5fecadcb734c2af515e64f7dc72a46e368bb311b708","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-4-716","next":"us-ok/okla.-stat.-tit.-10a-10a-1-4-802"},"notice":"GroundRules: Original legal text. Not legal advice."}