{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-2-402","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-2-402","heading":"Conduct of adjudicative hearings","body":"A. All cases of children shall be heard separately from the\n\ntrial of cases against adults. The adjudicative hearings shall be\n\nconducted according to the rules of evidence, and may be adjourned\n\nfrom time to time.\n\n1. Except as provided by paragraph 2 of this subsection, the\n\nhearings shall be private; however, all persons having a direct\n\ninterest in the case as provided in this paragraph shall be\n\nadmitted. Any victim, relative, legal guardian of a victim, or a\n\nperson designated by the victim who is not subject to the rule of\n\nsequestration as a witness of a delinquent act shall be considered\n\nto have a direct interest in the case, shall be notified of all\n\ncourt hearings involving that particular delinquent act, and shall\n\nbe admitted to the proceedings. The court shall, however, remove\n\nall persons not having a direct interest in the case or that are not\n\nthe parents or legal guardian of the child from any hearing where\n\nevidence of the medical or behavioral health condition of the child\n\nor specific instances of deprivation are being presented.\n\nStenographic notes or other transcript of the hearings shall be kept\n\nas in other cases, but they shall not be open to inspection except\n\nby order of the court or as otherwise provided by law.\n\n2. Hearings related to the second or subsequent delinquency\n\nadjudication of a child shall be public proceedings. The\n\nadjudications relied upon to determine whether a hearing is a public\n\nproceeding pursuant to this paragraph shall not have arisen out of\n\nthe same transaction or occurrence or series of events closely\n\nrelated in time and location. Upon its own motion or the motion of\n\nany of the parties to the hearing and for good cause shown, the\n\ncourt may order specific testimony or evidence to be heard in\n\nprivate; provided, the court shall not exclude any relative, legal\n\nguardian of a victim, or a person designated by the victim who is\n\nnot subject to the rule of sequestration as a witness from the\n\nhearing during testimony of the victim. For the purposes of this\n\nparagraph, \"good cause\" shall mean a showing that it would be\n\nsubstantially harmful to the mental or physical well-being of the\n\nchild if such testimony or evidence were presented at a public\n\nhearing. The judge may, for good cause shown, open the court\n\nhearings to educate members of the public about juvenile justice\n\nissues; however, the identities of the juvenile respondents shall\n\nnot be published in any reports or articles of general circulation.\n\nB. The child may remain silent as a matter of right in\n\ndelinquency hearings and in need of supervision hearings, and before\n\nthe child testifies, the child shall be so advised.\n\nC. A decision determining a child to come within the purview of\n\nthe Oklahoma Juvenile Code shall be based on sworn testimony and the\n\nchild shall have the opportunity for cross-examination unless the\n\nfacts are stipulated or unless the child enters into a stipulation\n\nthat the allegations of the petition are true or that sufficient\n\nevidence exists to meet the burden of proof required for the court\n\nto sustain the allegations of the petition. In proceedings pursuant\n\nto the Oklahoma Juvenile Code, the court may allow mileage as in\n\ncivil actions to witnesses and reimbursement for expert witnesses\n\nbut such shall not be tendered in advance of the hearing. If a\n\nchild is alleged to be delinquent and the facts are stipulated, the\n\njudge shall ascertain from the child if the child agrees with the\n\nstipulation and if the child understands the consequences of\n\nstipulating the facts.\n\nD. For any child being held in a secure detention on charges as\n\nan accused juvenile delinquent, adjudication shall occur within\n\nthirty (30) days after the detainment for that charge. This time\n\nmay be extended to allow parties to negotiate in good faith to\n\nreview discovery or for any other good cause shown. The provisions\nand if the child understands the consequences of\n\nstipulating the facts.\n\nD. For any child being held in a secure detention on charges as\n\nan accused juvenile delinquent, adjudication shall occur within\n\nthirty (30) days after the detainment for that charge. This time\n\nmay be extended to allow parties to negotiate in good faith to\n\nreview discovery or for any other good cause shown. The provisions\n\nof this subsection shall not apply to matters in which a non-jury or\n\njury trial are requested by the child.\n\nE. If the court finds that the allegations of a petition\n\nalleging a child to be delinquent or in need of supervision are\n\nsupported by the evidence, the court shall sustain the petition, and\n\nshall make an order of adjudication setting forth whether the child\n\nis delinquent or in need of supervision and shall adjudge the child\n\nas a ward of the court.\n\nF. If the court finds that the allegations of the petition are\n\nnot supported by the evidence, the court shall order the petition\n\ndismissed and shall order the child discharged from any detention or\n\nrestriction previously ordered. The parents, legal guardian or\n\nother legal custodian of the child shall also be discharged from any\n\nrestriction or other previous temporary order.\n\nG. Any arrest or detention under the Oklahoma Juvenile Code or\n\nany adjudication in a juvenile proceeding shall not be considered an\n\narrest, detention or conviction for purposes of employment, civil\n\nrights, or any statute, regulation, license, questionnaire,\n\napplication, or any other public or private purposes, unless\n\notherwise provided by law.","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":"33fef1bded980d7f6612347f5aed1428928c32f0a4e4ea940596087d2752f9ed","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-2-401.7","next":"us-ok/okla.-stat.-tit.-10a-10a-2-2-403"},"notice":"GroundRules: Original legal text. Not legal advice."}