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Code · Oklahoma · Title 10A — Children And Juvenile Code

§10A-1-4-302. Amendment of petition – Postadjudication petition.

369 words·~2 min read·/ok/title-10a-children-and-juvenile-code/10a-1-4-302·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. No pleading subsequent to the petition alleging a child to be deprived is required, and the filing of any motion or pleading shall not delay the holding of the adjudicatory hearing.
B. The court shall liberally allow the petition to be amended at any time to add, modify, or supplement factual allegations that
form the basis for the cause of action up until seven
(7)days prior to the adjudicatory hearing. The court may grant leave to amend the petition upon a showing of good cause after that date and prior to the adjudicatory hearing. The court may allow amendment of the petition to conform with the evidence at any time prior to the adjudicatory ruling of the court. In all cases in which the court has granted leave to amend based on new evidence or new allegations, the court shall permit the respondent a reasonable and adequate opportunity to prepare as may be required to insure a full and fair hearing. The court shall not amend the adjudicatory category prayed for in the petition.
C. In any case in which the allegations contained within the original petition have been sustained and a child is found to be a deprived child, if the state subsequently alleges new facts, or different conditions are discovered to be sufficient, if sustained, to support a finding that the child is a deprived child, then the state may file a subsequent petition entitled "Postadjudication Petition". This section shall not apply if the jurisdiction of the juvenile court has been terminated prior to the new allegations.
D. All procedures and hearings required for an original petition are applicable to a postadjudication petition filed under this section. The postadjudication petition shall be filed in the same case as the original petition. Added by Laws 1977, c. 259, § 4, eff. Oct. 1, 1977. Amended by Laws 1995, c. 352, § 17, eff. July 1, 1995. Renumbered from § 1103.1 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 2009, c. 233, § 22, emerg. eff. May 21, 2009. Renumbered from § 7003-3.3 of Title 10 by Laws 2009, c. 233, § 230, emerg. eff. May 21, 2009.
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