A. The office of the district attorney and the Department of Human Services shall maintain records concerning a child in protective custody who is released prior to the emergency custody hearing. The records shall describe the reason for such release.
B. 1. A petition for a deprived child proceeding shall be filed and a summons issued within seven (7) judicial days from the date the child is taken into custody unless, upon request of the district attorney at the emergency custody hearing, the court determines there are compelling reasons to grant additional time for the filing of the petition for a period of time not to exceed fifteen (15) calendar days from the assumption of custody.
2. If a petition is not filed as required by this subsection, the emergency custody order shall expire. The district attorney shall submit for filing in the court record a written record specifying the reasons why the petition was not filed and specifying to whom the child was released.
C. The court may hold additional hearings at such intervals as may be determined necessary by the court to provide for the health, safety, or welfare of the child.
D. In scheduling hearings, the court shall give priority to proceedings in which a child is in emergency custody.
E. An order of the court providing for the removal of a child alleged to be deprived from the home of the child shall not be entered unless the court makes a determination:
1. That continuation of the child in the child’s home is contrary to the health, safety, or welfare of the child; and
2. As to whether or not reasonable efforts were made to prevent the need for the removal of the child from the child’s home; or
3. As to whether or not an absence of efforts to prevent the removal of the child from the child’s home is reasonable because the removal is due to an alleged emergency and is for the purpose of providing for the health, safety, or welfare of the child; or
4. That reasonable efforts to provide for the return of the child to the child’s home are not required pursuant to Section 1-4-809 of Title 10A of the Oklahoma Statutes; provided, however, upon such determination, the court shall inform the parent that a permanency hearing will be held within thirty (30) days from the determination.
Added by Laws 2009, c. 233, § 115, emerg. eff. May 21, 2009.
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