{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-2-104","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-2-104","heading":"Preliminary inquiry - Petition","body":"A. A preliminary inquiry shall be conducted to determine\n\nwhether the interests of the public or of the child who is within\n\nthe purview of the Oklahoma Juvenile Code require that further court\n\naction be taken. If it is determined by the preliminary inquiry\n\nthat no further action be taken and if agreed to by the district\n\nattorney, the intake worker may make such informal adjustment\n\nwithout a petition.\n\nB. In the course of the preliminary inquiry, the intake worker\n\nshall:\n\n1. Hold conferences with the child and the parents, guardian or\n\ncustodian of the child for the purpose of discussing the disposition\n\nof the referral made;\n\n2. Interview such persons as necessary to determine whether the\n\nfiling of a petition would be in the best interests of the child and\n\nthe community;\n\n3. Check existing records of any district court or tribal\n\ncourt, law enforcement agencies, Office of Juvenile Affairs, and\n\nDepartment of Human Services;\n\n4. Obtain existing mental health, medical and educational\n\nrecords of the child with the consent of the parents, guardian or\n\ncustodian of the child or by court order; and\n\n5. Administer any screening and assessment instruments or refer\n\nfor necessary screening and assessments to assist in the\n\ndetermination of any immediate needs of the child as well as the\n\nimmediate risks to the community. All screening and assessment\n\ninstruments shall be uniformly used by all intake workers, including\n\nthose employed by juvenile bureaus, and shall be instruments\n\nspecifically prescribed by the Office of Juvenile Affairs.\n\nC. Upon review of any information presented in the preliminary\n\ninquiry, the district attorney may consult with the intake worker to\n\ndetermine whether the interests of the child and the public will be\n\nbest served by the dismissal of the complaint, the informal\n\nadjustment of the complaint, or the filing of a petition.\n\nD. Informal adjustment may be provided to the child by the\n\nintake worker only where the facts reasonably appear to establish\n\nprima facie jurisdiction and are admitted and where consent is\n\nobtained from the district attorney, the parent of the child, legal\n\nguardian, legal custodian, or legal counsel, if any, and the child.\n\nThe informal adjustment is an agreement whereby the child agrees to\n\nfulfill certain conditions in exchange for not having a petition\n\nfiled against the child. The informal adjustment shall be completed\n\nwithin a period of time not to exceed six (6) months and shall:\n\n1. Be voluntarily entered into by all parties;\n\n2. Be revocable by the child at any time by a written\n\nrevocation;\n\n3. Be revocable by the intake worker in the event there is\n\nreasonable cause to believe the child has failed to carry out the\n\nterms of the informal adjustment or has committed a subsequent\n\noffense;\n\n4. Not be used as evidence against the child at any\n\nadjudication hearing;\n\n5. Be executed in writing and expressed in language\n\nunderstandable to the persons involved; and\n\n6. Become part of the juvenile record of the child.\n\nE. The informal adjustment agreement under this section may\n\ninclude, among other suitable methods, programs and procedures, the\n\nfollowing:\n\n1. Participation in or referral to counseling, a period of\n\ncommunity service, drug or alcohol education or treatment,\n\nvocational training or any other legal activity which in the opinion\n\nof the intake officer would be beneficial to the child and family of\n\nthe child;\n\n2. Require the child to undergo a behavioral health evaluation\n\nand, if warranted, undergo appropriate care or treatment;\n\n3. Restitution providing for monetary payment by the parents or\n\nchild to the victim who was physically injured or who suffered loss\n\nof or damage to property as a result of the conduct alleged. Before\n\nsetting the amount of restitution, the intake officer shall consult\ne 284\n\n2. Require the child to undergo a behavioral health evaluation\n\nand, if warranted, undergo appropriate care or treatment;\n\n3. Restitution providing for monetary payment by the parents or\n\nchild to the victim who was physically injured or who suffered loss\n\nof or damage to property as a result of the conduct alleged. Before\n\nsetting the amount of restitution, the intake officer shall consult\n\nwith the victim concerning the amount of damages; or\n\n4. Informal adjustment projects, programs and services may be\n\nprovided through public or private agencies.\n\nIf the intake worker has reasonable cause to believe that the child\n\nhas failed to carry out the terms of the adjustment agreement or has\n\ncommitted a subsequent offense, in lieu of revoking the agreement,\n\nthe intake worker may modify the terms of the agreement and extend\n\nthe period of the agreement for an additional six (6) months from\n\nthe date on which the modification was made with the consent of the\n\nchild or counsel of the child, if any.\n\nF. If an informal adjustment is agreed to pursuant to\n\nsubsection D of this section, the informal adjustment agreement may\n\nrequire the child to pay a fee equal to no more than what the court\n\ncosts would have been had a petition been filed. The child shall\n\nremit the fee directly to the agency responsible for the monitoring\n\nand supervision of the child. If the supervising agency is a\n\njuvenile bureau, then the fee shall be remitted to a revolving fund\n\nof the county in which the juvenile bureau is located to be\n\ndesignated the \"Juvenile Deferral Fee Revolving Fund\" and shall be\n\nused by the juvenile bureau to defray costs for the operation of the\n\njuvenile bureau. In those counties without juvenile bureaus and in\n\nwhich the Office of Juvenile Affairs or one of their contracting\n\nagencies provides the monitoring and supervision of the juvenile,\n\nthe fee shall be paid directly to the Office of Juvenile Affairs and\n\nshall be used to defray the costs for the operation of the Office of\n\nJuvenile Affairs.","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":"38850ff3c70d4dd528aef553a5ebd286448ccc7acf4ecca56d6a919b9bb77cd8","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-2-103","next":"us-ok/okla.-stat.-tit.-10a-10a-2-2-104.1"},"notice":"GroundRules: Original legal text. Not legal advice."}