{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-5-206a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-5-206A","heading":"Motion for certification as a juvenile -","body":"Certification study - Guidelines.\n\nA. 1. When the attorney for the accused person determines\n\nthere is good cause to believe the accused should have been charged\n\nas a delinquent and not as youthful offender, the attorney for the\n\naccused shall file a motion for certification as a juvenile. The\n\nmotion for certification as a juvenile shall be filed prior to the\n\nstart of the preliminary hearing. No motion for certification as a\n\njuvenile may be filed after the preliminary hearing has begun.\n\n2. If a motion for certification as a juvenile has been filed,\n\nthe court shall order a certification study to be conducted, unless\n\nwaived by the accused with the approval of the court. Any such\n\ncertification study shall be completed by the Office of Juvenile\n\nAffairs. Upon ordering the certification study, the court shall\n\ndetermine if the parent, guardian, next friend, or other person\n\nlegally obligated to care for and support the child has the ability\n\nto pay costs for the study and if so, the court may order payment of\n\nsuch costs to the Office of Juvenile Affairs in an amount not to\n\nexceed One Thousand Dollars ($1,000.00). The court shall set a\n\nreasonable date for the payment of the fee due to the Office of\n\nJuvenile Affairs for the completion of the certification study. In\n\nhardship cases, the court may establish a payment schedule.\n\nB. When ruling on a motion for certification as a juvenile, the\n\ncourt shall consider the following guidelines with greatest weight\n\nto be given to paragraphs 1, 2, and 3:\n\n1. Whether the alleged offense was committed in an aggressive,\n\nviolent, premeditated, or willful manner, and the accused person's\n\nlevel of involvement in the offense;\n\n2. Whether the offense was against persons and if personal\n\ninjury resulted, the degree of personal injury, and the statement or\n\nstatements of the victim or victims;\n\n3. The record and past history of the accused person including\n\nprevious contacts with law enforcement agencies and juvenile or\n\ncriminal courts, prior periods of probation, and commitments to\n\njuvenile institutions;\n\n4. The sophistication, age, and maturity of the person and the\n\ncapability of distinguishing right from wrong as determined by\n\nconsideration of the person's psychological evaluation, home,\n\nenvironmental situation, emotional attitude, and pattern of living;\n\n5. The prospects for adequate protection of the public if the\n\naccused is processed through the juvenile justice system as either a\n\ndelinquent or youthful offender;\n\n6. The reasonable likelihood of rehabilitation if the accused\n\nis found to have committed the offense, by the use of programs and\n\nfacilities currently available to the court through the juvenile\n\njustice system; and\n\n7. Whether the offense occurred while the accused was escaping\n\nor on escape status from a facility or placement for youthful\n\noffenders or delinquent children.\n\nC. The court, in its decision on a motion for certification as\n\na juvenile, shall issue a written order and prepare detailed\n\nfindings of fact and conclusions of law as to each of the\n\nconsiderations in subsection B of this section, and shall state that\n\nthe court has considered each of the guidelines in reaching its\n\ndecision.\n\nD. The order granting or denying the motion for certification\n\nas a juvenile shall be a final order, appealable to the Court of\n\nCriminal Appeals when entered.\n\nE. An order certifying the accused person as a juvenile shall\n\nnot be reviewable by the trial 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":"838a393261876f02702e39cd1339f0547f528c81b566d29f67653ad139e7fb35","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-5-205","next":"us-ok/okla.-stat.-tit.-10a-10a-2-5-207a"},"notice":"GroundRules: Original legal text. Not legal advice."}