Oklahoma 2022 Regular Session

Oklahoma House Bill HB2011 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 2011 Page 1 1
	3	+	HB2011 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2011 By: Townley, Hill and Lawson of
30		-	the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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32		-	~~and~~
	31	+	STATE OF OKLAHOMA
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34		-	Haste of the Senate
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	HOUSE BILL 2011 By: Townley
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	41	+	AS INTRODUCED
	42	+
	43	+	An Act relating to children; amending 10 O.S. 2011,
	44	+	Section 7505-4.2, which relates to exceptions to
	45	+	requirement for parental consent in adoption; making
	46	+	consent of parent who perpetrated rape which led to
	47	+	conception of child unnecessary; and providing an
	48	+	effective date.
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41	50
42		-	[ children - exceptions to requirement for parental
43		-	consent in adoption - effective date ]
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48	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
49	56		SECTION 1. AMENDATORY 10 O.S. 2011, Section 7505 -4.2, is
50	57		amended to read as follows:
51	58		Section 7505-4.2 A. Consent to adoption is not required from a
52	59		putative father of a minor who, at the hearing provided for in
53	60		Section 7505-2.1 or 7505-4.1 of this title, fails to prove he is the
54	61		father of the child.
55	62		B. Consent to adoption is not required from a parent who, for a
56	63		period of twelve (12) consecutive months out of the last fourteen
57	64		(14) months immediately preceding the filing of a petition for
58	65		adoption of a child or a petition to terminate parental rights
59		-	pursuant to Section 7505 -2.1 of this title, has willfully failed,
60		-	refused, or neglected to contribute to the support of such minor:
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62		-	ENGR. H. B. NO. 2011 Page 2 1
	67	+	HB2011 HFLR Page 2
	68	+	BOLD FACE denotes Committee Amendments. 1
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	93	+	pursuant to Section 7505 -2.1 of this title, has willfully failed,
	94	+	refused, or neglected to contribute to the support of such minor:
87	95		1. In substantial compliance with an order entered by a court
88	96		of competent jurisdiction adjudicating the duty, amount, and manner
89	97		of support; or
90	98		2. According to such parent 's financial ability to contribute
91	99		to such minor's support if no provision for support is provided in
92	100		an order. For the purposes of this section, support for the minor
93	101		shall benefit the minor by providing a necessity. Payments that
94	102		shall not be considered support shall include, but are not limited
95	103		to:
96	104		a. genetic and drug testing,
97	105		b. supervised visitation,
98	106		c. counseling for any person other than the minor,
99	107		d. court fees and costs,
100	108		e. restitution payments, and
101	109		f. transportation costs for any person other than the
102	110		minor, unless such transportation expenses are
103	111		specifically ordered in lieu of support in a court
104	112		order.
105	113		The incarceration of a parent in and of itself shall not prevent
106	114		the adoption of a minor without consent.
107	115		C. Consent to adoption is not required from a father or
108	116		putative father of a minor born out of wedlock if:
109		-	1. The minor is placed for adoption within ninety (90) day s of
110		-	birth, and the father or putative father fails to show he has
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112		-	ENGR. H. B. NO. 2011 Page 3 1
	118	+	HB2011 HFLR Page 3
	119	+	BOLD FACE denotes Committee Amendments. 1
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	144	+	1. The minor is placed for adoption within ninety (90) days of
	145	+	birth, and the father or putative father fails to show he has
137	146		exercised parental rights or duties towards the minor, including,
138	147		but not limited to, failure to contribute to the support of the
139	148		mother of the child to the extent of his financial ability during
140	149		her term of pregnancy; or
141	150		2. The minor is placed for adoption within fourteen (14) months
142	151		of birth, and the father or putative father fails to show that he
143	152		has exercised parental rights or duties towards the minor,
144	153		including, but not limited to, failure to contribute to the sup port
145	154		of the minor to the extent of his financial ability, which may
146	155		include consideration of his failure to contribute to the support of
147	156		the mother of the child to the extent of his financial ability
148	157		during her term of pregnancy. Failure to contribute to the support
149	158		of the mother during her term of pregnancy shall not in and of
150	159		itself be grounds for finding the minor eligible for adoption
151	160		without such father's consent.
152	161		The incarceration of a parent in and of itself shall not prevent
153	162		the adoption of a minor without consent.
154	163		D. In any case where a father or putative father of a minor
155	164		born out of wedlock claims that, prior to the receipt of notice of
156	165		the hearing provided for in Sections 7505 -2.1 and 7505-4.1 of this
157	166		title, he had been specifically denied know ledge of the minor or
158	167		denied the opportunity to exercise parental rights and duties toward
159		-	the minor, such father or putative father must prove to the
160		-	satisfaction of the court that he made sufficient attempts to
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162		-	ENGR. H. B. NO. 2011 Page 4 1
	169	+	HB2011 HFLR Page 4
	170	+	BOLD FACE denotes Committee Amendments. 1
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	195	+	the minor, such father or putative father must prove to the
	196	+	satisfaction of the court that he made sufficient attempts to
187	197		discover if he had fathered a minor or made sufficient attempts to
188	198		exercise parental rights and duties toward the minor prior to the
189	199		receipt of notice.
190	200		E. Consent to adoption is not required from a parent or
191	201		putative father who waives in writing his right to notice of the
192	202		hearing provided for in S ection 7505-2.1 or 7505-4.1 of this title.
193	203		F. Consent to adoption is not required from a parent or
194	204		putative father who fails to appear at the hearing provided for in
195	205		Section 7505-2.1 or 7505-4.1 of this title if all notice
196	206		requirements contained in or pur suant to such sections have been
197	207		met.
198	208		G. Consent to adoption is not required from a parent who is
199	209		entitled to custody of a minor and has abandoned the minor.
200	210		H. 1. Consent to adoption is not required from a parent who
201	211		fails to establish and/or maintain a substantial and positive
202	212		relationship with a minor for a period of twelve (12) consecutive
203	213		months out of the last fourteen (14) months immediately preceding
204	214		the filing of a petition for adoption of the child.
205	215		2. In any case where a parent of a minor cla ims that, prior to
206	216		the receipt of notice of the hearing provided for in Sections 7505 -
207	217		2.1 and 7505-4.1 of this title, such parent had been denied the
208	218		opportunity to establish and/or maintain a substantial and positive
209		-	relationship with the minor by the custodian of the minor, such
210		-	parent shall prove to the satisfaction of the court that he or she
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212		-	ENGR. H. B. NO. 2011 Page 5 1
	220	+	HB2011 HFLR Page 5
	221	+	BOLD FACE denotes Committee Amendments. 1
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	246	+	relationship with the minor by the cus todian of the minor, such
	247	+	parent shall prove to the satisfaction of the court that he or she
237	248		has taken sufficient legal action to establish and/or maintain a
238	249		substantial and positive relationship with the minor prior to the
239	250		receipt of such notice.
240	251		3. For purposes of this subsection, "fails to establish and/or
241	252		maintain a substantial and positive relationship " means the parent:
242	253		a. has not maintained frequent and regular contact with
243	254		the minor through frequent and regular visitation or
244	255		frequent and regular co mmunication to or with the
245	256		minor, or
246	257		b. has not exercised parental rights and
247	258		responsibilities.
248	259		I. Consent to adoption is not required from a parent who has
249	260		been convicted in a criminal action pursuant to the provisions of
250	261		Sections 7102 and 7115 of this t itle and Sections 843.5, 1021.3,
251	262		1111 and 1123 of Title 21 of the Oklahoma Statutes or who has
252	263		either:
253	264		1. Physically or sexually abused the minor or a sibling of such
254	265		minor or failed to protect the minor or a sibling of such minor from
255	266		physical or sexual abuse that is heinous or shocking to the court or
256	267		that the minor or sibling of such minor has suffered severe harm or
257	268		injury as a result of such physical or sexual abuse; or
258		-	2. Physically or sexually abused the minor or a sib ling of such
259		-	minor or failed to protect the minor or a sibling of such minor from
260		-	physical or sexual abuse subsequent to a previous finding that such
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262		-	ENGR. H. B. NO. 2011 Page 6 1
	270	+	HB2011 HFLR Page 6
	271	+	BOLD FACE denotes Committee Amendments. 1
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	296	+	2. Physically or sexually abused the minor or a sibling of such
	297	+	minor or failed to protect the minor or a sibling of such minor from
	298	+	physical or sexual abuse subsequent to a previous finding that such
287	299		parent has physically or sexually abused the minor or a sibling of
288	300		such minor or failed to protect the minor or a sibling of such minor
289	301		from physical or sexual abuse.
290	302		J. Consent to adoption is not required from a parent who has
291	303		been convicted in a criminal action of having caused the death of a
292	304		sibling of the minor as a result of the physical or sexual abuse or
293	305		chronic neglect of such sib ling.
294	306		K. Consent to adoption is not required from a parent if the
295	307		parent has been sentenced to a period of incarceration of not less
296	308		than ten (10) years and the continuation of parental rights would
297	309		result in harm to the minor based on consideration of th e following
298	310		factors, among others: the duration of incarceration and its
299	311		detrimental effect on the parent/child relationship; any previous
300	312		incarcerations; any history of criminal behavior, including crimes
301	313		against children; the age of the minor; the evide nce of abuse or
302	314		neglect of the minor or siblings of the minor by the parent; and the
303	315		current relationship between the parent and the minor and the manner
304	316		in which the parent has exercised parental rights and duties in the
305	317		past.
306	318		L. Consent to adoption is n ot required from:
307		-	1. A parent who has a mental illness or mental deficiency, as
308		-	defined by paragraphs (f) and (g) of Article II of Section 6 -201 of
309		-	Title 43A of the Oklahoma Statutes, which renders the parent
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311		-	ENGR. H. B. NO. 2011 Page 7 1
	320	+	HB2011 HFLR Page 7
	321	+	BOLD FACE denotes Committee Amendments. 1
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	346	+	1. A parent who has a mental illness or mental deficiency, as
	347	+	defined by paragraphs (f) and (g) of Article II of Section 6 -201 of
	348	+	Title 43A of the Oklahoma Statutes, which renders the parent
336	349		incapable of adequately and appropriately exer cising parental
337	350		rights, duties and responsibilities;
338	351		2. The continuation of parental rights would result in harm or
339	352		threatened harm to the minor; and
340	353		3. The mental illness or mental deficiency of the parent is
341	354		such that it will not respond to treatment, therapy or medication
342	355		and, based upon competent medical opinion, the condition will not
343	356		substantially improve.
344	357		M. Consent to adoption is not required from a putative father
345	358		who has been served with a Notice of Plan for Adoption pursuant to
346	359		Section 7503-3.1 of this title and who returns the form to the
347	360		Paternity Registry of the Department of Human Services or agency or
348	361		attorney who served him explicitly waiving a right to notice and
349	362		legal rights to the minor or who fails to return the form pursuant
350	363		to Section 7503-3.1 of this title in time for the form to be
351	364		received by the Paternity Registry of the Department of Human
352	365		Services or the agency or attorney who served him within thirty (30)
353	366		days from the date the Notice of Plan for Adoption was served upon
354	367		the putative father.
355	368		N. Consent to adoption is not required from:
356		-	1. An individual who has permanently relinquished parental
357		-	rights and responsibilities to the minor pursuant to the Oklahoma
358		-	Adoption Code;
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360		-	ENGR. H. B. NO. 2011 Page 8 1
	370	+	HB2011 HFLR Page 8
	371	+	BOLD FACE denotes Committee Amendments. 1
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	396	+	1. An individual who has permanently relinquished parental
	397	+	rights and responsibilities to the minor pursuant to the Oklahoma
	398	+	Adoption Code;
385	399		2. An individual whose parental relationship to a mi nor has
386	400		been legally terminated or legally determined not to exist; or
387	401		3. The personal representative of a deceased parent 's estate.
388	402		O. Consent to adoption is not required from a parent who has
389	403		voluntarily placed a minor child in the care of a licensed c hild
390	404		care institution or child -placing agency, if the minor has remained
391	405		in out-of-home care for eighteen (18) months or more, and the parent
392	406		has willfully failed to substantially comply for twelve (12)
393	407		consecutive months out of the fourteen -month period immediately
394	408		preceding the filing of the petition for adoption with a reasonable
395	409		written plan of care. Provided, the willful failure to comply with
396	410		the written plan of care may not be a ground for adoption without
397	411		consent unless the plan of care, at the tim e it was initially
398	412		executed by the parent, contained notice that failure to
399	413		substantially comply constitutes grounds for adoption without
400	414		consent. The reasonableness of the plan shall be a question of fact
401	415		to be determined by the court.
402	416		P. Consent to adoption is not required from a parent when the
403	417		court makes a finding, by clear and convincing evidence, that the
404	418		child was conceived as a result of rape perpetrated by the parent
405	419		whose consent is at issue.
406		-	SECTION 2. This act shall become effective November 1, 2021 .
407	420
408		-	ENGR. H. B. NO. 2011 Page 9 1
	421	+	HB2011 HFLR Page 9
	422	+	BOLD FACE denotes Committee Amendments. 1
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433		-	~~Passed the House of Representatives the 11th day of March~~, 2021.
	447	+	SECTION 2. This act shall become effective November 1, 2021 .
434	448
435		-
436		-
437		-
438		-	Presiding Officer of the House
439		-	of Representatives
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441		-
442		-	Passed the Senate the ___ day of __________, 2021.
443		-
444		-
445		-
446		-
447		-	Presiding Officer of the Senate
448		-
449		-
	449	+	COMMITTEE REPORT BY: COMMITTEE ON CHILDREN, YOUTH AND FAMILY
	450	+	SERVICES, dated 02/09/2021 - DO PASS.