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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2352 By: Lawson
COMMITTEE SUBSTITUTE
An Act relating to adoption proceedings; amending 10
O.S. 2011, Section 7505-3.1, which relates to
contents of petition; removing requirement for annual
report of certain information by the Administrative
Director of the Courts; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2011, Section 7505 -3.1, is
amended to read as follows:
Section 7505-3.1 A. A petition for adoption shall be verified
by the petitioner, and shall specify:
1. The full names, ages and pl aces of residence of the
petitioner or petitioners and, if married, the place and date of the
marriage;
2. When the petitioner acquired or intends to acquire custody
of the minor and from what person or agency custody is to be
acquired;
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3. The date, place of birth, gender and race of the minor;
4. The name used for the minor in the proceeding and, if a
change in name is desired, the new name requested;
5. That it is the desire of the petitioner that the
relationship of parent and child be established be tween the
petitioner and the minor;
6. A full description and statement of value of all property
owned or possessed by the minor, if any;
7. The name or relationship of the minor to any individual who
has executed a consent, extrajudicial consent for ado ption or a
permanent relinquishment to the adoption, and the name or
relationship to the minor of any individual whose consent,
extrajudicial consent for adoption or permanent relinquishment may
be required, and any fact or circumstance that may excuse the lack
of consent;
8. That a previous petition by the petitioner to adopt has or
has not been made in any court, and its disposition;
9. That a copy of the preplacement home study completed
pursuant to subsection A of Sections 7505 -5.1 and 7505-5.3 of this
title is attached to or filed with the petition. If the
preplacement home study has not been completed, the petition shall
specify that a waiver has been signed by a court pursuant to
subsection B of Section 7505 -5.1 of this title, and that a copy of
the waiver is attached to or filed with the petition; or shall
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include a statement regarding why the preplacement home study is not
required pursuant to subsection C of Section 7505 -5.1 of this title;
or shall specify that the minor is not yet in the physica l custody
of the petitioner;
10. Whether any other home study or professional custody
evaluation has been conducted regarding one or both of the
petitioners, whether performed for this adoption or for any other
purpose. If such a study or evaluation has been completed, a copy
of the study or evaluation shall be attached to the petition, if
reasonably available;
11. A description of any previous court order, litigation or
pending proceeding known to the petitioner concerning custody of or
visitation with the minor or adoption of the minor and any other
fact known to the petitioner and needed to establish the
jurisdiction of the court;
12. The county in which the minor is currently residing, the
places where the minor has lived within the last five (5) yea rs and
the name and present addresses, if known, of the persons with whom
the minor has lived during that period, and the name of any person,
if known, not a party to the proceeding who has physical custody of
the minor or claims to have custody or visitat ion rights with
respect to the minor; and
13. A statement that to the best of the petitioner’s actual
knowledge and belief, as of the date of filing, the minor is or is
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not an Indian child, as defined by the Oklahoma Indian Child Welfare
Act, and identification of the minor’s known or suspected Indian
tribe, if any. If the minor is an Indian child, as defined by the
Oklahoma Indian Child Welfare Act, the petition shall specify that
the requirements of the Oklahoma Indian Child Welfare Act have been
met pursuant to Sections 40 through 40.9 of this title. In
addition, the attorney shall provide notice to the parents or to the
Indian custodians, if any, and to the tribe that is or may be the
tribe of the Indian child pursuant to Section 40.4 of this title.
B. Any written consent, extrajudicial consent for adoption or
permanent relinquishment required by the Oklahoma Adoption Code may
be attached to the petition, or may be filed, after the filing of
the petition.
C. 1. The Administrative Director of the Cou rts (ADC) shall
develop a form no later than February 1, 2012, to be used to collect
data related to the adoption of each child. At the time of the
filing of the final decree of adoption, each court clerk shall
collect demographic data related to the adop tion and shall make an
annual report to be delivered to the ADC no later than February 15
of each year. The ADC shall deliver all information received
pursuant to this section to the Department of Human Services no
later than March 15 of each year. The D epartment of Human Services
shall compile the information and make available to the public all
adoption-related information received.
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2. The following information shall be included in the form to
be developed by the ADC:
a. the age of each child at the ti me of the adoption,
b. the gender of each child,
c. the ethnicity of each child,
d. the status of the adoptive parent, such as a relative
adoption, adoption by a married couple, or adoption by
a single parent,
e. the type of adoption services provider, suc h as the
Department of Human Services, a licensed child -
placement agency, an attorney, or a tribe, and
f. whether it is a domestic adoption subject to the
requirements of the Oklahoma Indian Child Welfare Act,
or the Interstate Compact on the Placement of
Children, or an international adoption to include the
country of origin.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON CHILDREN, YOUTH AND FAMILY
SERVICES, dated 02/24/2021 - DO PASS.