§ 10A-2-2-701 — Summons - Bench warrants - Obligations of parent,

Oklahoma § 10A-2-2-701

• Jurisdiction: Oklahoma
• Title 10A: Children And Juvenile Code

Text

legal guardian, or custodian. A. When it is determined to be in the best interests of the child, the court may order a parent, legal guardian or custodian of the child, and any other person living in the home of such child who has been properly served with a summons pursuant to Section 2-2-107 of this title to be present at or bring the child to any proceeding under the provisions of the Oklahoma Juvenile Code. The court may issue a bench warrant for any parent, legal guardian or custodian of the child, or any other person living in the home of such child who has been properly served with a summons pursuant to Section 2-2-107 of this title who, without good cause, fails to appear at any proceeding. B. In any proceeding under the Oklahoma Juvenile Code, the court shall enter an order specifically requiring a parent, legal guardian or custodian of the child, and any other person living in the home of such child who has been properly served with a summons pursuant to Section 2-2-107 of this title to participate in the rehabilitation process of a child including, but not limited to, mandatory attendance at a juvenile proceeding, parenting class, counseling, treatment, or an education program unless the court determines that such an order is not in the best interests of the child. 1. Any parent, legal guardian or custodian of the child, and any other person living in the home of such child who has been properly served with a summons pursuant to Section 2-2-107 of this title willfully failing to comply with an order issued under this section without good cause may be found in indirect contempt of court. 2. The court may issue a bench warrant for any parent, legal guardian or custodian of the child, and any other person living in the home of such child who has been properly served with a summons pursuant to Section 2-2-107 of this title who, without good cause, fails to appear at any juvenile proceeding or court-ordered program. 3. For purposes of this section, "good cause" shall include, but not be limited to, a situation where a parent, legal guardian or custodian of the child, and any other person living in the home of such child who has been properly served with a summons pursuant to Section 2-2-107 of this title: a. has employment obligations that would result in the loss of employment, b. does not have physical custody of the child and resides outside the county of residence of the child, and c. resides in the county of the residence of the child but is outside that county at the time of the juvenile proceeding or court-ordered program for reasons other than avoiding participation or appearance before the court and participating or appearing in the court will result in undue hardship to the parent or guardian. 4. Nothing in this section shall be construed to create a right for any child to have his or her parent, legal guardian or custodian of the child, and any other person living in the home of such child who has been properly served with a summons pursuant to Section 2-2- 107 of this title present at any juvenile proceeding or court- ordered program at which such child is present. C. A parent, legal guardian or custodian of the child, and any other person living in the home of such child who has been properly served with a summons pursuant to Section 2-2-107 of this title may be ordered by the court to: 1. Report any probation, parole or conditional release violations; or 2. Aid in enforcing terms and conditions of probation, parole or conditional release or other orders of the court. Any person placed under an order to report any probation, parole or conditional release violations or aid in enforcing terms and conditions of probation, parole or conditional release or other orders of the court and who fails to do as ordered may be found in indirect contempt of court. Punishment for any such act of contempt shall not exceed a fine of Three Hundred Dollars ($300.00), or imprisonment for not more than thirty (30) days in the county jail if the violator is an adult, or both such fine and imprisonment. The pursuit and prosecution of an indirect contempt of court judgment shall be initiated by the district attorney. D. As used in this section, "guardian" or "custodian" shall not include any private or public agency having temporary or permanent custody of the child. Provided, nothing in this subsection shall allow the agency to fail to comply with a writ of habeas corpus issued by the court.

Legislative History

Added by Laws 1995, c. 352, § 140, eff. July 1, 1995. Amended by Laws 2009, c. 234, § 61, emerg. eff. May 21, 2009. Renumbered from § 7303-7.4 of Title 10 by Laws 2009, c. 234, § 183, emerg. eff. May 21, 2009. Amended by Laws 2013, c. 404, § 15, eff. Nov. 1, 2013.