An Act
ENROLLED HOUSE
BILL NO. 2352 By: Lawson, Talley and Manger
of the House
and
Garvin and Rosino of the
Senate
An Act relating to care and custody of children;
amending 10 O.S. 2011, Sections 40.7 and 7505 -3.1,
which relate to agreements with Ind ian tribes for
care and custody of Indian children and contents of
petition; authorizing agreements between the state
and Indian tribes for jurisdiction over certain child
custody proceedings; ratifying certain agreements;
providing for enforceability of certain agreements;
removing requirement for annual report of certain
information by the Administrative Director of the
Courts; and declaring an emergency.
SUBJECT: Care and custody of children
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2011, Section 40.7, is
amended to read as follows:
Section 40.7 The Director of the Department of Human Services
and the Executive Director of the Office of Juvenile Affairs are
authorized to enter i nto agreements on behalf of the state with
Indian tribes in Oklahoma regarding care and custody of Indian
children and jurisdiction over child custody proceedings including
agreements which provide for orderly transfer of jurisdiction on a
case by case basis and agreements which provide for concurrent
jurisdiction between the state and the Indian tribe, as authorized
by the Federal Indian Child Welfare Act, 25 U.S.C. Section 1919. ENR. H. B. NO. 2352 Page 2
The State of Oklahoma hereby ratifies all agreements in conformity
with the Federal Indian Child Welfare Act executed prior to the
enactment of this act, and any such agreement shall be enforceable
in any case filed or pending at the time that an agreement vesting
concurrent jurisdiction is entered into between the state and an
Indian tribe.
SECTION 2. 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 places 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;
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 establi shed between 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 consen t for adoption 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 e xcuse 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;
ENR. H. B. NO. 2352 Page 3
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
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 physical 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 eva luation 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 las t five (5) years 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 cust ody or visitation 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
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 h ave 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 o f this title.
ENR. H. B. NO. 2352 Page 4
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 Di rector of the Courts (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 re lated to the adoption 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 Department of Human Services
shall compile the information and make available to the public all
adoption-related information received.
2. The following information shall be included in the form to
be developed by the ADC:
a. the age of each child at the time 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, such 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 Comp act on the Placement of
Children, or an international adoption to include the
country of origin.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. H. B. NO. 2352 Page 5
Passed the House of Representatives the 21st day of April, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the 21st day of April, 2021.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: ___________________________ ______
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________