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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 10A. CHILDREN AND JUVENILE CODE

  § 10A-1-4-102. Evidence of child abuse or neglect in matrimonial or child custody actions - Investigation by Department of Human Services - Orders for protective custody - Appointment of attorney for child.  

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  • A.  1.  If the evidence in a court proceeding concerning child custody or visitation indicates that a child may be a victim of abuse or neglect, the court shall refer the allegations to the Department of Human Services for an assessment or investigation.

    2.  The Department shall conduct an assessment or investigation concerning such report in accordance with priority guidelines established by the Department.

    3.  The Department shall submit a report of its assessment or investigation to the office of the district attorney and provide a copy of its reports to the referring court within thirty (30) days of such notice, and notify parties to the proceeding of the submission of the report to the court.

    4.  The district attorney shall advise the referring court within three (3) days of the receipt of the findings of the Department whether a deprived petition will be filed by that office.  If no deprived petition is filed, the referring court may take appropriate action regarding the custody or visitation of the child.

    B.  Nothing in this section shall:

    a.              preclude the referring court from entering an order to have the child taken into emergency custody if evidence presented to the referring court indicates a child is in surroundings that are such as to endanger the welfare of the child.  If a child is placed into emergency custody by such an order, the provisions of Chapter IV of the Oklahoma Children's Code shall apply, or

    b.              preclude any court presiding over any proceeding from referring allegations of child abuse or neglect to the Department for assessment or investigation.

    C.  If, in any proceeding concerning child custody or visitation, the evidence indicates that a child has been subject to abuse or neglect, the court shall appoint an attorney to represent the child for that proceeding and any related proceedings and may appoint a guardian ad litem for the child as permitted by law.

Added by Laws 1977, c. 259, § 2, eff. Oct. 1, 1977.  Amended by Laws 1982, c. 312, § 14, operative Oct. 1, 1982; Laws 1995, c. 352, § 5, eff. July 1, 1995.  Renumbered from § 1102.1 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1996, c. 200, § 5, eff. Nov. 1, 1996; Laws 1997, c. 386, § 2, emerg. eff. June 10, 1997; Laws 1998, c. 421, § 4, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 6, eff. July 1, 2000; Laws 2009, c. 233, § 13, emerg. eff. May 21, 2009.  Renumbered from § 7002-1.2 of Title 10 by Laws 2009, c. 233, § 225, emerg. eff. May 21, 2009.