§10A-2-2-102. Personal jurisdiction.

1,273 words·~6 min read·/ok/title-10a-children-and-juvenile-code/10a-2-2-102·

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

A. 1. Upon the filing of a petition alleging the child to be in need of supervision, or upon the assumption of custody pursuant to Section 2-2-101 of this title, the district court of the county shall have jurisdiction where a child:

resides,

is found, or

is alleged to be or is found to be in need of

supervision.

2. The court shall have jurisdiction over any parent, legal custodian, legal guardian, stepparent of the child, or any adult person living in the home of the child regardless of where the parent, legal custodian, legal guardian, stepparent, or adult person living in the home of the child is found and who appears in court or has been properly served with a summons pursuant to Section 2-2-107 of this title.

3. When jurisdiction has been obtained over a child who is or is alleged to be in need of supervision, such may be retained until the child becomes eighteen

(18)years of age.

4. For the convenience of the parties and in the interest of justice, a proceeding under the Oklahoma Juvenile Code, Article 2 of this title, may be transferred to the district court in any other county. However, prior to transferring a case to a different county, the court shall contact the judge in the other county to confirm that the judge will accept the transfer.

B. 1. Upon the filing of a petition alleging the child to be delinquent or upon the assumption of custody pursuant to Section 2- 2-101 of this title, the district court of the county where the delinquent act occurred shall have jurisdiction of the child and over any parent, legal custodian, legal guardian, stepparent of the child or any adult person living in the home of the child regardless of where the parent, legal custodian, legal guardian, stepparent, or adult person living in the home of the child is found and who appears in court or has been properly served with a summons pursuant to Section 2-2-107 of this title.

2. When jurisdiction has been obtained over a child who is or is alleged to be a delinquent, jurisdiction may be retained until the child becomes nineteen

(19)years of age upon the court's own motion, motion by the district attorney or motion by the Office of Juvenile Affairs, as provided in Section 2-7-504 of this title.

3. The juvenile proceeding may be filed before the child becomes eighteen

(18)years of age; within one

(1)year after the date of the eighteenth birthday of the child if the underlying act would constitute a felony if committed by an adult; or within six

(6)months after the date of the eighteenth birthday if the underlying act would constitute a misdemeanor if committed by an adult.

C. 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 2-2-101 of this title may retain jurisdiction of a delinquent child in such proceeding notwithstanding the fact that the child is subject to the jurisdiction of another district

court within the state. Any adjudication and disposition made by the court in which said petition is filed shall control over prior orders in regard to the child.

D. Except as otherwise provided in the Oklahoma Juvenile Code, a child who is charged with having violated any state statute or municipal ordinance, other than those enumerated in Section 2-5-101, 2-5-205 or 2-5-206 of this title, shall not be tried in a criminal action but in a juvenile proceeding.

E. If, during the pendency of a criminal charge against any person, it shall be ascertained that the person was a child at the time of committing the alleged offense, the district court or municipal court shall transfer the case, together with all the papers, documents and testimony connected therewith, to the juvenile division of the district court. The division making the transfer shall order the child to be taken forthwith to the place of detention designated by the juvenile division, to that division itself, or release the child to the custody of a suitable person to be brought before the juvenile division.

F. Nothing in this act shall be construed to prevent the exercise of concurrent jurisdiction by another division of the district court or by the municipal courts in cases involving children wherein the child is charged with the violation of a state or municipal traffic law or ordinance. Added by Laws 1968, c. 282, § 102, eff. Jan. 13, 1969. Amended by Laws 1972, c. 122, § 3, emerg. eff. April 4, 1972; Laws 1977, c. 259, § 1, eff. Oct. 1, 1977; Laws 1989, c. 269, § 1, eff. Nov. 1, 1989;

Laws 1990, c. 84, § 1, eff. Sept. 1, 1990; Laws 1990, c. 337, § 2; Laws 1991, c. 9, § 1, eff. Sept. 1, 1991; Laws 1991, c. 296, § 27, eff. Sept. 1, 1991; Laws 1991, c. 335, § 2, emerg. eff. June 15, 1991; Laws 1992, c. 5, § 1, eff. Sept. 1, 1992; Laws 1992, c. 298, § 16, eff. July 1, 1993; Laws 1992, c. 373, § 2, eff. July 1, 1992; Laws 1993, c. 74, § 1, eff. Sept. 1, 1993; Laws 1993, c. 342, § 2, eff. July 1, 1993; Laws 1994, c. 290, § 30, eff. July 1, 1994; Laws 1995, c. 145, § 1, eff.

Nov. 1, 1995; Laws 1995, c. 217, § 1, eff. July 1, 1995; Laws 1995, c. 352, § 115, eff. July 1, 1995. Renumbered from § 1102 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1996, c. 305, § 1, eff. Nov. 1, 1996; Laws 1997, c. 2, § 2, emerg. eff. Feb. 26, 1997; Laws 1997, c. 210, § 1, eff. Nov. 1, 1997; Laws 1998, c. 127, § 1, eff. Nov. 1, 1998; Laws 1999, c. 365, § 6, eff. Nov. 1, 1999; Laws 2000, c. 194, § 1, eff. Nov. 1, 2000; Laws 2006, c. 124, § 7, eff.

Nov. 1, 2006; Laws 2009, c. 234, § 41, emerg. eff. May 21, 2009. Renumbered from § 7303-1.2 of Title 10 by Laws 2009, c. 234, § 178, emerg. eff. May 21, 2009. Amended by Laws 2010, c. 278, § 15, eff. Nov. 1, 2010; Laws 2011, c. 1, § 6, emerg. eff. March 18, 2011; Laws 2013, c. 404, § 5, eff. Nov. 1, 2013.

NOTE: Laws 1989, c. 363, § 2 repealed by Laws 1990, c. 84, § 2, eff. Sept. 1, 1990. Laws 1990, c. 100, § 1 and Laws 1990, c. 238, § 2 repealed by Laws 1990, c. 337, § 26. Laws 1991, c. 226, § 1 repealed by Laws 1991, c. 335, § 37, emerg. eff. June 15, 1991. Laws 1992, c. 299, § 8 repealed by Laws 1992, c. 373, § 22, eff. July 1, 1992. Laws 1992, c. 273, § 1 repealed by Laws 1993, c. 42, § 2, emerg. eff. April 5, 1993. Laws 1993, c. 31, § 1 and Laws 1993, c. 42, § 1 repealed by Laws 1993, c. 342, § 10, eff.

July 1, 1993. Laws 1995, c. 274, § 2 repealed by Laws 1996, c. 47, § 4, emerg. eff. April 8, 1996 and Laws 1996, c. 305, § 2, eff. Nov. 1, 1996. Laws 1996, c. 247, § 19 repealed by Laws 1997, c. 2, § 26, emerg. eff. Feb. 26, 1997. Laws 2010, c. 226, § 1 repealed by Laws 2011, c. 1, § 7, emerg. eff. March 18, 2011.