{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-4-802","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-4-802","heading":"Hearing to determine release of child from state","body":"custody.\n\nA. At any hearing pursuant to the provisions of the Oklahoma\n\nChildren's Code for the purpose of determining the placement of a\n\nchild or that a child in state custody is to be released from state\n\ncustody, the court shall provide an opportunity to a representative\n\nof the Department of Human Services, the present foster parent or\n\nrepresentative of the group home where a child is placed, the\n\nguardian ad litem and the child, if of sufficient age as determined\n\nby the court, to present sworn testimony regarding the placement of\n\nthe child or release of the child from state custody. In all cases\n\nin which the Office of Juvenile System Oversight has conducted an\n\ninvestigation regarding placement of a child or release of a child\n\nfrom state custody and believes there is a serious risk of danger to\n\nthe health or safety of that child, the Oklahoma Commission on\n\nChildren and Youth shall provide to the court and the parties a\n\nwritten report of their investigation and recommendation for\n\nplacement of the child. Such report shall be provided to the court\n\nand the parties no less than five (5) days prior to the hearing.\n\nThe court, upon motion of any party, shall order attendance of any\n\nperson preparing such report when it appears there is a substantial\n\nlikelihood that material evidence not contained in the report may be\n\nproduced by the testimony of any person having prepared the report.\n\nThe court shall consider the report when making his or her decision\n\nregarding placement of a child or release of a child from state\n\ncustody.\n\nB. The court, the district attorney or the attorneys for the\n\nparties may cross examine the representative of the Department, the\n\nchild, if of sufficient age as determined by the court, the present\n\nfoster parents or group home representative, and the guardian ad\n\nlitem.\n\nC. The court shall issue written findings of fact and\n\nconclusions of law. All hearings concerning such cases shall be on\n\nthe record. The failure of any court to provide an opportunity to a\n\nrepresentative of the Department or to the present foster parent or\n\ngroup home representative, the guardian ad litem and to the child,\n\nif of sufficient age as determined by the court, to present the\n\nsworn testimony pursuant to 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":"2d16ec217848197f52930e32aca1b7a11f7d6f0c80e823b62eaf1d25368152ec","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-4-801","next":"us-ok/okla.-stat.-tit.-10a-10a-1-4-803"},"notice":"GroundRules: Original legal text. Not legal advice."}