reglab/housing_qa huggingface dataset:
10A OK Stat § 10A-2-1-102 (2021)
2021 Oklahoma Statutes|Title 10A. Children and Juvenile Code|§10A-2-1-102. Legislative intent - Construction of chapter - Purpose.

|It is the intent of the Legislature that Article 2 of this title shall be liberally construed, to the end that its purpose may be carried out. |The purpose of the laws relating to juveniles alleged or adjudicated to be delinquent is to promote the public safety and reduce juvenile delinquency. This purpose should be pursued through means that are fair and just, that:1. Recognize the unique characteristics and needs of juveniles;2. Give juveniles access to opportunities for personal and social growth;3. Maintain the integrity of substantive law prohibiting certain behavior and developing individual responsibility for lawful behavior;4. Provide a system relying upon individualized treatment and best practice for the rehabilitation and reintegration of juvenile delinquents into society;5. Preserve and strengthen family ties whenever possible, including improvement of home environment;6. Remove a juvenile from the custody of parents if the welfare and safety of the juvenile or the protection of the public would otherwise be endangered;7. Secure for any juvenile removed from the custody of parents the necessary treatment, care, guidance and discipline to assist the juvenile in becoming a responsible and productive member of society; and8. Provide procedures through which the provisions of the law are executed and enforced and which will assure the parties fair hearings at which their rights as citizens are recognized and protected.Added by Laws 1995, c. 352, § 71, eff. July 1, 1995. Amended by Laws 2009, c. 234, § 3, emerg. eff. May 21, 2009. Renumbered from § 7301-1.2 of Title 10 by Laws 2009, c. 234, § 168, emerg. eff. May 21, 2009. Amended by Laws 2013, c. 404, § 2, eff. Nov. 1, 2013.
10A OK Stat § 10A-2-2-104.1 (2021)
2021 Oklahoma Statutes|Title 10A. Children and Juvenile Code|§10A-2-2-104.1. Diversion services.

|A. Diversion services shall be offered to children who are at risk of being the subject of a child-in-need-of-supervision petition. Diversion services shall be designed to provide an immediate response to families in crisis and to divert children from court proceedings. Diversion services may be provided by outside agencies as designated by the district courts, juvenile bureaus, court employees, or a combination thereof. |B. Diversion services shall clearly document diligent attempts to provide appropriate services to the child and the family of the child unless it is determined that there is no substantial likelihood that the child and family of the child will benefit from further diversion attempts.C. Where the primary issue is truancy, steps taken by the school district to improve the attendance or conduct of the child in school shall be reviewed and attempts to engage the school district in further diversion attempts shall be made if it appears that such attempts will be beneficial to the child.D. Efforts to prevent the filing of the petition may extend until it is determined that there is no substantial likelihood that the child and family of the child will benefit from further attempts. Efforts at diversion may continue after the filing of the petition where it is determined that the child and family of the child will benefit therefrom.E. A child-in-need-of-supervision petition shall not be filed during the period that the designated agency, juvenile bureau, or court employee is providing the diversion services. A finding that the case has been successfully diverted shall constitute presumptive evidence that the underlying allegations have been successfully resolved.F. The designated agency, juvenile bureau, or court employee shall promptly give written notice to the child and family of the child whenever attempts to prevent the filing of the petition have terminated and shall indicate in the notice whether the efforts were successful or whether a child-in-need-of-supervision petition should be filed with the court. A petition may or may not be filed where diversion services have been terminated because the parent or other person legally responsible for the child failed to consent to the diversion plan or failed to actively participate in the services provided.Added by Laws 2013, c. 404, § 7, eff. Nov. 1, 2013.
10A OK Stat § 10A-2-2-105 (2021)
2021 Oklahoma Statutes|Title 10A. Children and Juvenile Code|§10A-2-2-105. Order removing child from home prohibited absent certain determinations.

|No order of the court providing for the initial or continued removal of a child alleged or adjudicated delinquent or in need of supervision from the child’s home shall be entered unless the court finds that the continuation of the child in the home of the child is contrary to the welfare of the child. The order shall include either: |1. A determination as to whether or not reasonable efforts have been made to prevent the need for the removal of the child from the home or, as appropriate, reasonable efforts have been made to provide for the return of the child to the home; or2. A determination as to whether or not an absence of efforts to prevent the removal of the child from the home is reasonable upon consideration of the family circumstances, the safety of the child and the protection of the public; or3. A determination that reasonable efforts to prevent the removal of the child from the home or to reunify the child and family are not required because:a.a court of competent jurisdiction has determined that the parent has subjected the child to one of the following aggravated circumstances: abandonment, torture, chronic abuse, sexual abuse or chronic, life-threatening neglect of the child,b.a court of competent jurisdiction has determined that the parent has been convicted of one of the following:(1)murder of another child of the parent,(2)voluntary manslaughter of another child of the parent,(3)aiding or abetting, attempting, conspiring, or soliciting to commit such a murder or such a voluntary manslaughter, or(4)a felony assault that results in serious bodily injury to the child or another child of the parent, orc.the parental rights of the parent with respect to a sibling have been terminated involuntarily.Added by Laws 1995, c. 352, § 117, eff. July 1, 1995. Amended by Laws 2002, c. 473, § 3, eff. Nov. 1, 2002; Laws 2009, c. 234, § 43, emerg. eff. May 21, 2009. Renumbered from § 7303-1.4 of Title 10 by Laws 2009, c. 234, § 178, emerg. eff. May 21, 2009.
10A OK Stat § 10A-2-2-106 (2021)
2021 Oklahoma Statutes|Title 10A. Children and Juvenile Code|§10A-2-2-106. Petition - Subsequent pleadings - Amended petitions.

|A. If a child has been taken into custody pursuant to the provisions of the Oklahoma Juvenile Code before a petition has been filed, a petition shall be filed and summons issued within five (5) judicial days from the date of such assumption of custody, or custody of the child shall be relinquished to the parent of the child, legal guardian, legal custodian, or other responsible adult, unless otherwise provided for in the Oklahoma Juvenile Code. |B. No pleading subsequent to the petition is required, and the filing of any motion or pleading shall not delay the holding of the adjudicatory hearing.C. A petition may be amended by order of the court at any time before an order of adjudication has been made, provided that the court shall grant the parties such additional time to prepare as may be required to insure a full and fair hearing. A petition shall be deemed to have been amended to conform to the proof where the proof does not change the substance of the act, omission or circumstance alleged. However, the court shall not amend the adjudicatory category prayed for in the petition.D. A petition in a juvenile proceeding 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 (delinquent) or (a child alleged to be in need of supervision)”. The petition shall be verified and may be upon information and belief. It shall set forth:1. With particularity facts which bring the child within the purview of the Oklahoma Juvenile Code;2. The name, age and residence of the child;3. The names and residences of the parents of the child;4. The name and residence of the legal guardian of the child, if applicable;5. The name and residence of the person or persons having custody or control of the child;6. The name and residence of the nearest known relative, if no parent or guardian can be found;7. The relief requested; and8. The specific law under which the child is charged and an endorsement of witnesses intended to be called by the petitioner, where the child is sought to be adjudged a delinquent child.E. A copy of the petition shall be attached to and served with the summons.Added by Laws 1995, c. 352, § 118, eff. July 1, 1995. Amended by Laws 2009, c. 234, § 44, emerg. eff. May 21, 2009. Renumbered from § 7303-1.5 of Title 10 by Laws 2009, c. 234, § 178, emerg. eff. May 21, 2009.
10A OK Stat § 10A-2-2-108 (2021)
2021 Oklahoma Statutes|Title 10A. Children and Juvenile Code|§10A-2-2-108. Examination by health care professionals - Order for treatment.

|A. After a petition under the provisions of this article has been filed, the court may order the child to be examined and evaluated for medical issues, including behavioral health diagnoses, by a physician or other appropriate professional to aid the court in making the proper disposition concerning the child. |B. Whenever a child concerning whom a petition has been filed appears to be in need of nursing, medical or surgical care, the court may order the parent or other person responsible for the care and support of the child to provide such care in a hospital or otherwise. If the parent or other person fails to provide such care, the court may, after due notice, enter an order therefor, and the expense thereof, when approved by the court, shall be a charge upon the county, but the court may adjudge that the person having the duty under the law to support the child pay part or all of the expenses of such care. In an emergency the court may, when health or condition of the child may require it, cause the child to be placed in a public hospital or institution for treatment or special care, or in a private hospital or institution which will receive the child for like purpose, and consent to emergency treatment or surgery.Added by Laws 1995, c. 352, § 120, eff. July 1, 1995. Amended by Laws 2002, c. 327, § 26, eff. July 1, 2002; Laws 2009, c. 234, § 46, emerg. eff. May 21, 2009. Renumbered from § 7303-1.7 of Title 10 by Laws 2009, c. 234, § 178, emerg. eff. May 21, 2009.
10A OK Stat § 10A-2-2-401.1 (2021)
2021 Oklahoma Statutes|Title 10A. Children and Juvenile Code|§10A-2-2-401.1. Definitions.

|As used in Sections 2-2-401.1 through 2-2-401.7 of this title: |1. "Competent" and "competency" refer to a child's ability to understand the nature and objectives of a proceeding against the child or to assist in the child's defense. A child is incompetent if, due to developmental disability, developmental immaturity, intellectual disability, or mental illness, the child is presently incapable of understanding the nature and objective of proceedings against the child or of assisting in the child's defense;2. "Credentialed forensic evaluator" means a licensed psychologist, psychiatrist or other physician with necessary education, training, and experience to perform juvenile competency evaluations, and who has been approved to render such opinions for the court;3. "Developmental disability" means a severe and chronic disability that is attributable to a mental or physical impairment. Such disabilities include, but are not limited to, cerebral palsy, epilepsy, autism, or other neurological conditions that lead to impairment of general intellectual functioning or adaptive behavior;4. "Developmental immaturity" means a condition based on a juvenile's chronological age and significant lack of developmental skills when the juvenile has no significant mental illness or intellectual disability;5. "Intellectual disability" means a disability characterized by significant limitations both in intellectual functioning and in adaptive behavior as expressed in conceptual, social and practical adaptive skills;6. "Mental illness" has the same meaning as in paragraph 11 of Section 5-502 of Title 43A of the Oklahoma Statutes; and7. "Proceeding" means any delinquency or youthful offender proceeding under the Oklahoma Juvenile Code.Added by Laws 2015, c. 398, § 1, eff. Jan. 1, 2016. Amended by Laws 2021, c. 386, § 1, eff. Nov. 1, 2021.
10A OK Stat § 10A-2-2-401.2 (2021)
2021 Oklahoma Statutes|Title 10A. Children and Juvenile Code|§10A-2-2-401.2. Delinquency or youthful offender proceedings - Competency of child - Rebuttable presumption.

|A. 1. At any time prior to or during delinquency or youthful offender proceedings pursuant to the Oklahoma Juvenile Code, the child's attorney, the district attorney, or the court may raise the issue of a child's competency to participate in the proceeding. If at the time the issue of competency is raised the child is not represented by counsel, the court shall immediately appoint counsel. The court shall stay all proceedings except to allow the filing of a delinquency petition or youthful offender information. |2. At any time prior to or during delinquency or youthful offender proceedings pursuant to the Oklahoma Juvenile Code, the Office of Juvenile Affairs may file a Motion to Intervene to raise the issue of a child's competency for any child in its custody.3. In any delinquency or youthful offender proceeding pursuant to the Juvenile Code, if the child who is the subject of the proceeding is thirteen (13) years or older and if the child is not otherwise found to be developmentally disabled, developmentally immature, intellectually disabled, or mentally ill, there exists a rebuttable presumption that the child is competent. Such presumption applies only for making a determination as to whether the child is competent and shall not be used or applicable for any other purpose.B. The court may find a child incompetent without ordering a competency evaluation or hearing if the district attorney and the child's attorney, and at least one of the child's parents, legal guardians, or guardian ad litem agree to the determination.Added by Laws 2015, c. 398, § 2, eff. Jan. 1, 2016. Amended by Laws 2021, c. 386, § 2, eff. Nov. 1, 2021.
10A OK Stat § 10A-2-2-401.3 (2021)
2021 Oklahoma Statutes|Title 10A. Children and Juvenile Code|§10A-2-2-401.3. Motion for determination of competency - Competency evaluation.

|A. When the district attorney or the child's attorney has reasonable basis to believe that a child is incompetent to proceed in the delinquency or youthful offender proceeding, the party shall file a motion for determination of competency. The motion shall state that the child is incompetent to proceed and shall state facts sufficient to set forth the reasonable basis to conduct a competency evaluation. If the court raises the issue sua sponte, the court by written order shall set forth the reasonable basis that the child is incompetent to proceed. |B. Within five (5) judicial days after the motion is made, the court shall make one of the following determinations:1. That the child is incompetent pursuant to subsection B of Section 2-2-401.2 of this title; or2. Without conducting a hearing, that there exists a reasonable basis to conduct a competency evaluation; or3. To schedule a hearing to determine whether there exists a reasonable basis to conduct a competency evaluation. Such hearing shall be held within ten (10) judicial days. The court's determination shall be announced no later than one (1) judicial day after the conclusion of the hearing.C. If the court determines there is a reasonable basis for a competency evaluation or if the district attorney and the child's attorney agree to the evaluation, the court shall order a competency evaluation. If the court orders a competency evaluation, the court shall order that the competency evaluation be conducted in the least-restrictive environment, taking into account the public safety and the best interests of the child.1. The court shall provide in its order that the evaluator shall have access to all relevant confidential and public records related to the child, including competency evaluations and reports conducted in prior delinquent or youthful offender proceedings. The court shall provide to the evaluator a copy of the delinquency petition or youthful offender information and the names and contact information for the judge, district attorney, child's attorney, and parents or legal guardians.2. Within five (5) judicial days after the court orders an evaluation, the district attorney shall deliver to the evaluator copies of relevant police reports and other background information relevant to the child that are in the district attorney's possession.3. Within five (5) judicial days after the court orders an evaluation, the child's attorney shall deliver to the evaluator copies of relevant police reports and other relevant records including, but not limited to, educational, medical, psychological, and neurological records that are relevant to the evaluation and that are in the attorney's possession.Added by Laws 2015, c. 398, § 3, eff. Jan. 1, 2016. Amended by Laws 2021, c. 386, § 3, eff. Nov. 1, 2021.
10A OK Stat § 10A-2-2-401.4 (2021)
2021 Oklahoma Statutes|Title 10A. Children and Juvenile Code|§10A-2-2-401.4. Credentialed forensic evaluators - Exceptions.

|A. An evaluation ordered by the court shall be conducted by a credentialed forensic evaluator. |1. A credentialed forensic evaluator shall demonstrate education or training in the following areas as necessary for the focus of the evaluation ordered by the court:a.forensic evaluation procedures for juveniles, including accepted criteria used in evaluating competency,b.evaluation, diagnosis, and treatment of children and adolescents with developmental disability, developmental immaturity, intellectual disability, or mental illness,c.clinical understanding of child and adolescent development, andd.familiarity with competency standards in this state.2. The Oklahoma Commission on Children and Youth shall establish procedures for ensuring the training and qualifications of individuals approved to conduct juvenile competency evaluations. The Commission shall provide a list of credentialed forensic evaluators to the Administrative Office of the Courts.B. A court may appoint as evaluator a psychologist, psychiatrist, or other physician who does not meet the requirements of subsection A of this section only if exigent circumstances require the evaluator to have specialized expertise to examine the child that would not ordinarily be possessed by a psychologist, psychiatrist, or other physician who meets the requirements of a credentialed forensic evaluator.Added by Laws 2015, c. 398, § 4, eff. Jan. 1, 2016.
10A OK Stat § 10A-2-2-401.6 (2021)
2021 Oklahoma Statutes|Title 10A. Children and Juvenile Code|§10A-2-2-401.6. Competency hearing.

|A. Not more than fifteen (15) judicial days after receiving the evaluator's report, the court shall conduct a hearing to determine the child's competency to participate in the proceeding. The court may continue the hearing for good cause shown. |B. The competency evaluation report shall be admissible in evidence. The evaluator may be called as a witness and be subject to cross examination by all parties. If authorized by the court, hearings held pursuant to this section may be conducted via teleconference or videoconference. If the court contacts the evaluator to obtain clarification of the report contents, the court shall promptly inform all parties and allow each party to participate in each contact.C. In determining the competency of the child to participate in the proceeding the court shall consider the content of all competency evaluation reports admitted as evidence. The court may consider additional evidence introduced at the hearing by the district attorney and the child's attorney.D. 1. Except as otherwise provided, the court shall make a written determination as to the child's competency based on a preponderance of the evidence within ten (10) judicial days after completion of the hearing. The burden of proof shall be on the moving party.2. The court shall not find a child incompetent to proceed solely because the child is receiving or has received in-patient treatment as a voluntary or involuntary mentally ill patient pursuant to Section 5-501 et seq. of Title 43A of the Oklahoma Statutes, or is receiving or has received psychotropic or other medication, even if the child might become incompetent to proceed without that medication.Added by Laws 2015, c. 398, § 6, eff. Jan. 1, 2016. Amended by Laws 2019, c. 167, § 1, eff. Nov. 1, 2019.
10A OK Stat § 10A-2-2-401 (2021)
2021 Oklahoma Statutes|Title 10A. Children and Juvenile Code|§10A-2-2-401. Trial by jury.

|In adjudicatory hearings to determine if a child is delinquent or in need of supervision, any person entitled to service of summons or the state shall have the right to demand a trial by jury, which shall be granted as in other cases, unless waived, or the judge on the judge's own motion may call a jury to try any such case. Such jury shall consist of six persons. |Added by Laws 1995, c. 352, § 124, eff. July 1, 1995. Renumbered from § 7303-4.1 of Title 10 by Laws 2009, c. 234, § 180, emerg. eff. May 21, 2009.
10A OK Stat § 10A-2-2-501 (2021)
2021 Oklahoma Statutes|Title 10A. Children and Juvenile Code|§10A-2-2-501. Dispositional hearings.

|A. No later than forty (40) days after making an order of adjudication, the court shall hold a dispositional hearing, at which all evidence helpful in determining the proper disposition best serving the interest of the child and the public, including but not limited to oral and written reports, may be admitted and may be relied upon to the extent of its probative value, even though not competent for the purposes of the adjudicatory hearing. |B. Before making an order of disposition, the court shall advise the district attorney, the attorney of the child, the parents, guardian, custodian or responsible relative, and their counsel, of the factual contents and the conclusion of reports prepared for the use of the court and considered by it, and afford fair opportunity, if requested, to controvert them. An order of disposition shall include a specific finding and order of the court relative to the liability and accountability of the parents for the care and maintenance of the child as authorized by Section 2-2-703 of this title, unless custody is placed with the parent or parents of the child.C. On its own motion or that of the district attorney, the attorney of the child or of the parent, guardian, custodian, responsible relative or counsel, the court may adjourn the hearing for a reasonable period to receive reports or other evidence and, in such event, shall make an appropriate order for detention of the child, or release of the child from detention subject to supervision by the court, during the period of the continuance.D. In scheduling investigations and hearings, the court shall give priority to proceedings in which a child is in detention, or has otherwise been removed from his or her home, before an order of disposition has been made.Added by Laws 1995, c. 352, § 130, eff. July 1, 1995. Amended by Laws 2009, c. 234, § 51, emerg. eff. May 21, 2009. Renumbered from § 7303-5.1 of Title 10 by Laws 2009, c. 234, § 181, emerg. eff. May 21, 2009. Amended by Laws 2013, c. 404, § 12, eff. Nov. 1, 2013; Laws 2014, c. 362, § 1, emerg. eff. May 28, 2014; Laws 2018, c. 155, § 2, eff. Nov. 1, 2018.