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§43A-5-504.
§43A-5-504.
A. Upon the filing of a petition alleging that a child is a child in
need of mental health treatment and requires inpatient mental health
treatment, or upon the assumption of protective or emergency custody
of an alleged deprived child pursuant to the provisions of Section
7003-2.1 of Title 10 of the Oklahoma Statutes, or when a child is the
ward of the court, the judge of the district court having juvenile
docket responsibility shall have jurisdiction of any child who is or
is alleged to be in need of mental health treatment and of the parent
or legal custodian of said child, regardless of where the parent or
legal custodian is found. When jurisdiction has been obtained over a
child who is or is alleged to be in need of mental health treatment,
such jurisdiction may be retained until the child is discharged from
mental health treatment ordered by the court. For the convenience of
the parties and in the interest of justice, a proceeding under the
Inpatient Mental Health Treatment of Children Act may be transferred
to the district court in any other county.
1. The venue for legal proceedings pursuant to the Inpatient Mental
Health Treatment of Children Act shall be:
a. the county where the child resides,
b. when the child is in the custody of a public or private child care
agency, the county in which the child resides at the time legal
proceedings are initiated, or
c. the county of original jurisdiction.
2. The district court in which a petition is filed or the district
court in which custody has been assumed pursuant to the provisions of
Section 7003-2.1 of Title 10 of the Oklahoma Statutes may retain
jurisdiction of a child in need of mental health treatment in such
proceeding even if the child is subject to the jurisdiction of another
district court within the state. Any orders made by the court in which
said petition is filed shall control over prior orders in regard to
the child.
3. The district court in which a petition is filed which alleges that
a child is in need of mental health treatment may issue any temporary
order or grant any interlocutory relief authorized by the Inpatient
Mental Health Treatment of Children Act even if another district court
within the state has jurisdiction of the child or has jurisdiction to
determine the custody or support of the child.
4. If the district court in which a petition is filed pursuant to
either paragraph 2 or 3 of this subsection sustains the petition, the
district court shall have the jurisdiction to make a final
determination on the petition or to transfer the proceedings to a
court having prior jurisdiction over the child. Where the other
proceeding is pending in the same judicial district in which the
petition is filed, the chief judge of the judicial district shall
determine which judge shall try the issues when the judges to whom the
cases have been assigned are unable to agree on the procedure that
should be followed.
B. Unless otherwise specifically provided by the Inpatient Mental
Health Treatment of Children Act and Title 43A of the Oklahoma
Statutes, the rules of civil procedure shall apply to all legal
proceedings pursuant to the Inpatient Mental Health Treatment of
Children Act.
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