§ 10A-1-4-802. Hearing to determine release of child from state custody.

A.  At any hearing pursuant to the provisions of the Oklahoma Children's Code for the purpose of determining the placement of a child or that a child in state custody is to be released from state custody, the court shall provide an opportunity to a representative of the Department of Human Services, the present foster parent, the guardian ad litem and the child, if of sufficient age as determined by the court, to present sworn testimony regarding the placement of the child or release of the child from state custody.  In all cases in which the Office of Juvenile System Oversight has conducted an investigation regarding placement of a child or release of a child from state custody and believes there is a serious risk of danger to the health or safety of that child, the Oklahoma Commission on Children and Youth shall provide to the court and the parties a written report of their investigation and recommendation for placement of the child.  Such report shall be provided to the court and the parties no less than five (5) days prior to the hearing.  The court, upon motion of any party, shall order attendance of any person preparing such report when it appears there is a substantial likelihood that material evidence not contained in the report may be produced by the testimony of any person having prepared the report.  The court shall consider the report when making his or her decision regarding placement of a child or release of a child from state custody.

B.  The court, the district attorney or the attorneys for the parties may cross examine the representative of the Department, the child, if of sufficient age as determined by the court, the present foster parents, and the guardian ad litem.

C.  The court shall issue written findings of fact and conclusions of law.  All hearings concerning such cases shall be on the record.  The failure of any court to provide an opportunity to a representative of the Department or to the present foster parent, the guardian ad litem and to the child, if of sufficient age as determined by the court, to present the sworn testimony pursuant to this section shall be subject to immediate mandamus to an appropriate court.

Added by Laws 1996, c. 200, § 8, eff. Nov. 1, 1996.  Amended by Laws 1998, c. 421, § 24, emerg. eff. June 11, 1998; Laws 2006, c. 205, § 6, eff. Nov. 1, 2006; Laws 2009, c. 233, § 48, emerg. eff. May 21, 2009.  Renumbered from § 7003-6.2A of Title 10 by Laws 2009, c. 233, § 249, emerg. eff. May 21, 2009.