Jurisdiction: Juvenile Court preempts original Custody Determining Court

STATE ex rel. DEPT. OF HUMAN SERVICES v. CABE, 100333, 2005 OK CIV APP 8, ___ P.3d ___, Decided 01/04/2005

A paternity action was originally brought in Beckham County, in which paternity was determined, custody given to mother and visitation given to the father. Both mother and father subsequently moved to Oklahoma County.

About three years later, the father filed a complaint with DHS alleging child abuse based upon inappropriate sexual behavior of his son brought on by visits in the presence of an uncle. A deprived petition was filed in Oklahoma County. The father stipulated to the provisions of the deprived petition.

Father then filed a Motion to Modify Custody in Beckham County which was granted. The Court of Appeals reversed the decision, holding that the court's superintending authority rested with the district court where the deprivation action is pending, i.e. the Oklahoma County District Court.

The Court of Appeals specifically held that "[W]here DHS has intervened and taken custody and initiated a deprived child proceeding ... then DHS has the first instance authority and duty to provide for the child, subject to review and approval by the district court where such proceeding is pending, and such district court has the exclusive authority to review and approve DHS's acts pursuant to that agency's authority and duty under the Children's Code." 10 O.S. Supp. §7003-7.1(C)

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