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§ 1-4-301. Petitions

Oklahoma Statutes AnnotatedTitle 10A. Children and Juvenile Code

Oklahoma Statutes Annotated
Title 10a. Children and Juvenile Code
Article 1. Oklahoma Children's Code
Chapter 4. Court Proceedings
Part 3. Petition, Summons, Appointment of Counsel and Others
10A Okl.St.Ann. § 1-4-301
§ 1-4-301. Petitions
Currentness
A. 1. A petition in a proceeding alleging a child to be deprived may be filed by the district attorney to determine if further action is necessary. The proceeding shall be entitled “In the matter of ____________, an alleged deprived child”.
2. The petition shall be verified and may be upon information and belief. The petition shall set forth:
a. with particularity, facts which bring the child within the purview of this chapter,
b. the name, date of birth, and residence of the child,
c. the names and residences of the child's parents,
d. the name and residence of the child's legal guardian, if there is one,
e. the name and residence of the person or persons having custody or control of the child,
f. the name and residence of the nearest known relative, if no parent, legal guardian or custodian of the child can be found, and
g. the relief requested including, but not limited to, or where applicable:
(1) an adjudication that the child is deprived,
(2) a termination of parental rights,
(3) the entry of an order for child support, and
(4) a judicial determination of the child's paternity.
3. If any of the facts herein required are not known by the petitioner, the petition shall so state, along with the reasons why such facts are not known to petitioner.
B. A petition alleging a child to be a minor in need of treatment shall be filed by a district attorney pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act1 as provided for in Sections 5-501 through 5-513 of Title 43A of the Oklahoma Statutes.
C. A copy of the petition alleging a child to be deprived shall be attached to and delivered with the summons.
D. Any petition filed by the district attorney shall be signed by the district attorney or authorized assistant.

Credits

Laws 1968, c. 282, § 103, eff. Jan. 13, 1969; Laws 1971, c. 66, § 1, eff. Oct. 1, 1971; Laws 1973, c. 142, § 1, emerg. eff. May 10, 1973; Laws 1976, c. 51, § 1, emerg. eff. April 12, 1976; Laws 1977, c. 259, § 3, eff. Oct. 1, 1977; Laws 1982, c. 312, § 15, operative Oct. 1, 1982; Laws 1990, c. 302, § 2, eff. Sept. 1, 1990; Laws 1992, c. 298, § 17, eff. July 1, 1993; Laws 1994, c. 290, § 31, eff. July 1, 1994. Renumbered from Title 10, § 1103 and amended by Laws 1995, c. 352, §§ 15, 199, eff. July 1, 1995. Laws 1998, c. 421, § 8, emerg. eff. June 11, 1998; Laws 2002, c. 327, § 17, eff. July 1, 2002. Renumbered from Title 10, § 7003-3.1 and amended by Laws 2009, c. 233, §§ 21, 229, emerg. eff. May 21, 2009.

Footnotes

1
Title 43A, § 5-501 et seq.
10A Okl. St. Ann. § 1-4-301, OK ST T. 10A § 1-4-301
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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