(a) Child's attorney. The court may appoint an attorney for the child when an emergency custody hearing is held. If a deprived petition is filed, the court must appoint an attorney for the child to represent the child in all legal proceedings in the deprived case, per Section 1-4-306 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-306). The attorney represents the child and any expressed interests of the child. The child's attorney is independent of and not selected by the district attorney, the child's parent, legal guardian, or custodian. The parent, legal guardian, or custodian may not select the child's attorney. If financially capable, the parent, legal guardian, or custodian reimburses the Court Fund for the services of a court-appointed attorney for the child.
(b) Child and attorney access. The child and the child's attorney are kept informed of each other's current location and telephone number at all times. The attorney's name, address, and telephone number are included on the Placement Provider Report in order that the child and placement provider may access the child's attorney at any time. Upon the change in placement of a custody child, the worker notifies the child's attorney with Form 04KI025E, Change in Placement Notification, as required by 10A O.S. § 1-4-804.
(c) Attorney contact with child. Per 10A O.S. § 1-4-306, the attorney appointed for the child arranges to meet with the child as soon as possible after receiving notification of the appointment. Except for good cause, the attorney must meet with the child prior to any court proceedings. The attorney may speak with the child by telephone if a personal visit is not possible due to exigent circumstances. If the attorney is limited in having a meaningful relationship with the child due to the child's age or the child's desire, the attorney contacts the custodian or caretaker of the child prior to the hearing.
(d) Attorney access to Oklahoma Department of Human Services (OKDHS) records. The child's attorney is entitled to access juvenile court, and OKDHS records without a court order per 10A O.S. 1-6-103.
(e) Attorney objection to court ruling. Per 10A O.S § 1-4-801, at any hearing, including hearings where a child is to be released from state custody, the child's attorney or district attorney may give verbal notice of an objection to the court order and intention to seek review of that order based on the grounds that the order of the court releasing the child from state custody creates a serious risk of danger to the health or safety of the child. Upon receiving notice, the court issuing the custody order in question, stays the custody order pending the filing of an application and completion of review. Refer to OAC 340:75-1-16.