OK
Oklahoma House Bill HB2352

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2352 Compare Versions

OldNewDifferences
1-An Act
2-ENROLLED HOUSE
3-BILL NO. 2352 By: Lawson, Talley and Manger
4-of the House
1+
2+
3+SENATE FLOOR VERSION - HB2352 SFLR Page 1
4+(Bold face denotes Committee Amendments) 1
5+2
6+3
7+4
8+5
9+6
10+7
11+8
12+9
13+10
14+11
15+12
16+13
17+14
18+15
19+16
20+17
21+18
22+19
23+20
24+21
25+22
26+23
27+24
28+
29+SENATE FLOOR VERSION
30+March 23, 2021
31+
32+
33+ENGROSSED HOUSE
34+BILL NO. 2352 By: Lawson of the House
535
636 and
737
8- Garvin and Rosino of the
9-Senate
38+ Garvin of the Senate
1039
1140
1241
1342
14-
15-
16-An Act relating to care and custody of children;
17-amending 10 O.S. 2011, Sections 40.7 and 7505 -3.1,
18-which relate to agreements with Ind ian tribes for
19-care and custody of Indian children and contents of
20-petition; authorizing agreements between the state
21-and Indian tribes for jurisdiction over certain child
22-custody proceedings; ratifying certain agreements;
23-providing for enforceability of certain agreements;
24-removing requirement for annual report of certain
25-information by the Administrative Director of the
26-Courts; and declaring an emergency.
43+An Act relating to adoption proceedings; amending 10
44+O.S. 2011, Section 7505 -3.1, which relates to
45+contents of petition ; removing requirement for annual
46+report of certain information by the Administrative
47+Director of the Courts; and providing an effective
48+date.
2749
2850
2951
3052
31-SUBJECT: Care and custody of children
32-
3353 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
34-
35-SECTION 1. AMENDATORY 10 O.S. 2011, Section 40.7, is
54+SECTION 1. AMENDATORY 10 O.S. 2011, Section 7505-3.1, is
3655 amended to read as follows:
37-
38-Section 40.7 The Director of the Department of Human Services
39-and the Executive Director of the Office of Juvenile Affairs are
40-authorized to enter i nto agreements on behalf of the state with
41-Indian tribes in Oklahoma regarding care and custody of Indian
42-children and jurisdiction over child custody proceedings including
43-agreements which provide for orderly transfer of jurisdiction on a
44-case by case basis and agreements which provide for concurrent
45-jurisdiction between the state and the Indian tribe, as authorized
46-by the Federal Indian Child Welfare Act, 25 U.S.C. Section 1919. ENR. H. B. NO. 2352 Page 2
47-The State of Oklahoma hereby ratifies all agreements in conformity
48-with the Federal Indian Child Welfare Act executed prior to the
49-enactment of this act, and any such agreement shall be enforceable
50-in any case filed or pending at the time that an agreement vesting
51-concurrent jurisdiction is entered into between the state and an
52-Indian tribe.
53-
54-SECTION 2. AMENDATORY 10 O.S. 2011, Section 7505 -3.1, is
55-amended to read as follows:
56-
5756 Section 7505-3.1 A. A petition for adoption shall be verified
5857 by the petitioner, and shall specify:
59-
6058 1. The full names, ages and places of residence of the
6159 petitioner or petitioners and, if married, the place and date of the
6260 marriage;
63-
6461 2. When the petitioner acquired or intends to acquire custody
6562 of the minor and from what person or agency custody is to be
6663 acquired;
64+3. The date, place of birth, gender and race of the minor;
6765
68-3. The date, place of birth, gender and race of the minor;
66+SENATE FLOOR VERSION - HB2352 SFLR Page 2
67+(Bold face denotes Committee Amendments) 1
68+2
69+3
70+4
71+5
72+6
73+7
74+8
75+9
76+10
77+11
78+12
79+13
80+14
81+15
82+16
83+17
84+18
85+19
86+20
87+21
88+22
89+23
90+24
6991
7092 4. The name used for the minor in the proceeding and, if a
7193 change in name is desired, the new name requested;
72-
7394 5. That it is the desire of the petitioner that the
7495 relationship of parent and child be established between the
7596 petitioner and the minor;
76-
7797 6. A full description and statement of value of all property
7898 owned or possessed by the minor, if any;
79-
8099 7. The name or relationship of the minor to any individual who
81100 has executed a consent, extrajudicial consent for adoption or a
82101 permanent relinquishment to the adoption, and th e name or
83102 relationship to the minor of any individual whose consent,
84103 extrajudicial consent for adoption or permanent relinquishment may
85104 be required, and any fact or circumstance that may excuse the lack
86105 of consent;
87-
88106 8. That a previous petition by the petit ioner to adopt has or
89107 has not been made in any court, and its disposition;
90- ENR. H. B. NO. 2352 Page 3
91108 9. That a copy of the preplacement home study completed
92109 pursuant to subsection A of Sections 7505 -5.1 and 7505-5.3 of this
93110 title is attached to or filed with the petition. If the
94111 preplacement home study has not been completed, the p etition shall
95112 specify that a waiver has been signed by a court pursuant to
96113 subsection B of Section 7505 -5.1 of this title, and that a copy of
97114 the waiver is attached to or filed with the petition; or shal l
98115 include a statement regarding why the preplacement home study is not
116+
117+SENATE FLOOR VERSION - HB2352 SFLR Page 3
118+(Bold face denotes Committee Amendments) 1
119+2
120+3
121+4
122+5
123+6
124+7
125+8
126+9
127+10
128+11
129+12
130+13
131+14
132+15
133+16
134+17
135+18
136+19
137+20
138+21
139+22
140+23
141+24
142+
99143 required pursuant to subsection C of Section 7505 -5.1 of this title;
100144 or shall specify that the minor is not yet in the physical custody
101145 of the petitioner;
102-
103146 10. Whether any other home st udy or professional custody
104147 evaluation has been condu cted regarding one or both of the
105148 petitioners, whether performed for this adoption or for any other
106149 purpose. If such a study or evaluation has been completed, a copy
107150 of the study or evaluation shall be attached to the petition, if
108151 reasonably available;
109-
110152 11. A description of any previous court order, litigation or
111153 pending proceeding known to the petitioner concerning custody of or
112154 visitation with the minor or adoption of the minor and any other
113155 fact known to the petitioner and needed to establish the
114156 jurisdiction of the court;
115-
116157 12. The county in which the minor is currently residing, the
117158 places where the minor has lived within the last five (5) years and
118159 the name and present addresses, if known, of the per sons with whom
119160 the minor has lived during that period , and the name of any person,
120161 if known, not a party to the proceeding who has physical custody of
121162 the minor or claims to have custody or visitation rights with
122163 respect to the minor; and
123-
124-13. A statement that to the best of the petitioner's actual
164+13. A statement that to the best of the petitioner’s actual
125165 knowledge and belief, as of the date of filing, the minor is or is
126166 not an Indian child, as defined by the Oklahoma Indian Child Welfare
127-Act, and identification of the minor's known or suspected Indian
167+
168+SENATE FLOOR VERSION - HB2352 SFLR Page 4
169+(Bold face denotes Committee Amendments) 1
170+2
171+3
172+4
173+5
174+6
175+7
176+8
177+9
178+10
179+11
180+12
181+13
182+14
183+15
184+16
185+17
186+18
187+19
188+20
189+21
190+22
191+23
192+24
193+
194+Act, and identification of the minor’s known or suspected Indian
128195 tribe, if any. If the minor is an Indian child, as defined by t he
129196 Oklahoma Indian Child Welfare Act, the petition shall specify that
130197 the requirements of the Oklahoma Indian Child Welfare Act have been
131198 met pursuant to Sections 40 through 40.9 of this title. In
132199 addition, the attorney shall provide notice to the parents or to the
133200 Indian custodians, if any, and to the tribe that is or may be the
134201 tribe of the Indian child pursuant to Section 40.4 of this title.
135- ENR. H. B. NO. 2352 Page 4
136202 B. Any written consent, extrajudicial consent for adoption or
137203 permanent relinquishment required by the Oklahoma Adoption Code may
138204 be attached to the petition, or may be filed, after the filing of
139205 the petition.
140-
141206 C. 1. The Administrative Director of the Courts (ADC) shall
142207 develop a form no later than February 1, 20 12, to be used to collect
143208 data related to the adoptio n of each child. At the time of the
144209 filing of the final decree of adoption, each court clerk shall
145210 collect demographic data related to the adoption and shall make an
146211 annual report to be delivered to the ADC no later than February 15
147212 of each year. The ADC shall deliver all information received
148213 pursuant to this section to the Department of Human Services no
149214 later than March 15 of each year. The Department of Human Services
150215 shall compile the information a nd make available to the public all
151216 adoption-related information received.
152217
218+SENATE FLOOR VERSION - HB2352 SFLR Page 5
219+(Bold face denotes Committee Amendments) 1
220+2
221+3
222+4
223+5
224+6
225+7
226+8
227+9
228+10
229+11
230+12
231+13
232+14
233+15
234+16
235+17
236+18
237+19
238+20
239+21
240+22
241+23
242+24
243+
153244 2. The following information shall be included in the form to
154245 be developed by the ADC:
155-
156246 a. the age of each child at the time of the adoption,
157-
158247 b. the gender of each child,
159-
160248 c. the ethnicity of each child,
161-
162249 d. the status of the adoptive p arent, such as a relative
163250 adoption, adoption by a married couple, or adoption by
164251 a single parent,
165-
166252 e. the type of adoption services provider, such as the
167253 Department of Human Services, a licensed child -
168254 placement agency, an attorney, or a tribe, and
169-
170255 f. whether it is a domestic adoption subject to the
171256 requirements of the Oklahoma Indian Child Welfare Act,
172257 or the Interstate Compact on the Placement of
173258 Children, or an international adoption to include the
174259 country of origin.
175-
176-SECTION 3. It being immediately necessary for the preservation
177-of the public peace, health or safety, an emergency is hereby
178-declared to exist, by reason whereof this act shall take effect and
179-be in full force from and after its passage and approval.
180- ENR. H. B. NO. 2352 Page 5
181-Passed the House of Representatives the 21st day of April, 2021.
182-
183-
184-
185-
186- Presiding Officer of the House
187- of Representatives
188-
189-
190-Passed the Senate the 21st day of April, 2021.
191-
192-
193-
194-
195- Presiding Officer of the Senate
196-
197-
198-
199-OFFICE OF THE GOVERNOR
200-Received by the Office of the Governor this ____________________
201-day of ___________________, 20_______, at _______ o'clock _______ M.
202-By: ___________________________ ______
203-Approved by the Governor of the State of Oklahoma this _________
204-day of ___________________, 20_______, at _______ o'clock _______ M.
205-
206-
207- _________________________________
208- Governor of the State of Oklahoma
209-
210-OFFICE OF THE SECRETARY OF STATE
211-Received by the Office of the Secretary of State this __________
212-day of ___________________, 20_______, at _______ o'clock _______ M.
213-By: _________________________________
214-
260+SECTION 2. This act shall become effective November 1, 2021.
261+COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
262+March 23, 2021 - DO PASS