Oklahoma § 21-843.7 - Appointment of representatives for child

§ 21-843.7. Appointment of representatives for child

A. 1. In every criminal case filed pursuant to the Oklahoma

Child Abuse Reporting and Prevention Act, the judge of the district

court may appoint an attorney-at-law to appear for and represent a

child who is the alleged victim of child abuse or neglect.

2. The attorney may be allowed a reasonable fee for such

services and shall meet with the child as soon as possible after

receiving notification of the appointment.

Oklahoma Statutes - Title 21. Crimes and Punishments

3. Except for good cause shown to the court, the attorney shall

meet with the child not less than twenty-four (24) hours prior to

any hearing.

4. The attorney shall be given access to all reports relevant

to the case and to any reports of examination of the child's

parents, legal guardian, custodian or other person responsible for

the child’s health or safety made pursuant to this section.

5. The attorney shall represent the child and any expressed

interests of the child. To that end, the attorney shall make such

further investigation as the attorney deems necessary to ascertain

the facts, to interview witnesses, examine and cross-examine

witnesses at the preliminary hearing and trial, make recommendations

to the court, and participate further in the proceedings to the

degree appropriate for adequately representing the child.

B. A court-appointed special advocate or guardian ad litem as

defined by the Oklahoma Children's Code and the Oklahoma Juvenile

Code may be appointed to represent the best interests of the child

who is the alleged subject of child abuse or neglect. The courtappointed special advocate or guardian ad litem shall be given

access to all reports relevant to the case and to reports of service

providers and of examination of the child's parents, legal guardian,

custodian or other person responsible for the child’s health or

safety made pursuant to this section including but not limited to,

information authorized by the Oklahoma Children’s Code and the

Oklahoma Juvenile Code.

C. At such time as the information maintained by the statewide

registry for child abuse, sexual abuse, and neglect is indexed by

name of perpetrator and the necessary and appropriate due process

procedures are established by the Department of Human Services, a

court-appointed special advocate organization, in accordance with

the policies and rules of the Department, may utilize the registry

for the purpose of completing background screenings of volunteers

with the organization.

Added by Laws 1995, c. 353, § 12, eff. Nov. 1, 1995. Amended by

Laws 1996, c. 200, § 14, eff. Nov. 1, 1996; Laws 1999, c. 396, § 11,

emerg. eff. June 10, 1999. Renumbered from § 7112 of Title 10 by

Laws 2009, c. 233, § 205, emerg. eff. May 21, 2009.