§ 10A-1-4-203. Emergency custody hearing – Affidavit – Notice to relatives.

A.  Within the next two (2) judicial days following the child being taken into protective or emergency custody, the court shall conduct an emergency custody hearing.  At the hearing, information may be provided to the court in the form of oral or written reports, affidavits or testimony.  Any information having probative value may be received by the court regardless of its admissibility under the Oklahoma Evidence Code.  At the hearing the court shall:

1.  Determine whether facts exist that are sufficient to demonstrate to the court there is reasonable suspicion that the child is in need of immediate protection due to abuse or neglect, or that the circumstances or surroundings of the child are such that continuation of the child in the child’s home or in the care or custody of the parent, legal guardian, or custodian would present an imminent danger to the child;

2.  Advise the parent, legal guardian, or custodian of the child in writing of the following:

a.any right of the parent, legal guardian, or custodian to testify and present evidence at court hearings,

b.the right to be represented by an attorney at court hearings,

c.the consequences of failure to attend any hearings which may be held, and

d.the right to appeal and procedure for appealing an order of the court;

3.  Determine custody of the child and order one of the following:

a.release of the child to the custody of the child’s parent, legal guardian, or custodian from whom the child was removed under any conditions the court finds reasonably necessary to protect the health, safety, or welfare of the child, or

b.placement of the child in the custody of a responsible adult or licensed child-placing agency under any conditions the court finds reasonably necessary to protect the health, safety, or welfare of the child, or

c.whether to continue the child in or to place the child into the emergency custody of the Department of Human Services;

4.  Order the parent, legal guardian, or custodian to complete an affidavit listing the names, addresses, and phone numbers of any parent, whether known or alleged, grandparent, aunt, uncle, brother, sister, half-sibling, and first cousin and any comments concerning the appropriateness of the potential placement of the child with the relative.  If no such relative exists, the court shall require the parent, legal guardian, or custodian to list any other relatives or persons with whom the child has had a substantial relationship or who may be a suitable placement for the child;

5.  Direct the parent, legal guardian, or custodian to furnish the Department with a copy of the child’s birth certificate within fifteen (15) days from the hearing if a petition is filed, unless otherwise extended by the court; and

6.  In accordance with the safety or well-being of any child, determine whether reasonable efforts have been made to:

a.place siblings, who have been removed, together in the same foster care, guardianship, or adoptive placement, and

b.provide for frequent visitation or other ongoing interaction in the case of siblings who have been removed and who are not placed together.

B.  The office of the State Court Administrator shall create an affidavit form and make it available to each court responsible for conducting emergency custody hearings.  The affidavit form shall contain a notice to the parent, legal guardian, or custodian that failure to identify a parent or relative in a timely manner may result in the child being permanently placed outside of the home of the child’s parent or relative.  The affidavit form shall also advise the parent, legal guardian, or custodian of the penalties associated with perjury and contempt of court.  The original completed affidavit shall be filed with the court clerk no later than five (5) days after the hearing or as otherwise directed by the court and a copy shall be provided to the Department.

C.  1.  The Department shall, within thirty (30) days of the removal of a child, exercise due diligence to identify relatives.  Notice shall be provided by the Department to all grandparents, and to such other relatives as the court directs.  The notice shall advise the relatives:

a.the child has been or is being removed from the custody of the parent or parents of the child,

b.of the options under applicable law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice, and

c.of the requirements to become a foster family home and the additional services and supports available for children placed in the home.

2.  Relatives shall not be notified if notification would not be in the best interests of a child due to past or current family or domestic violence.  The Department may promulgate rules in furtherance of the provisions of this subsection.

Added by Laws 2009, c. 233, § 113, emerg. eff. May 21, 2009.