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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2918 By: Goodwin
AS INTRODUCED
An Act relating to children; amending 10A O.S. 2011,
Section 1-9-122, which relates to Department of Human
Services guardianship programs; requiri ng certain
information be provided to individuals upon contact
with the Department of Human Services; requiring that
a signature be obtained; providing that information
sheet is not a binding agreement; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2011, Section 1 -9-122, is
amended to read as follows:
Section 1-9-122. A. The Department of Human Services shall
establish and administer an ongoing program o f supported
guardianship to assist families wishing to make a long -term
commitment to a child by accepting guardianship of the child. The
supported guardianship program shall enable the family to assume the
parental role without ongoing Department oversig ht but allow the
family to return to the Department for services as needed.
B. At the time when the Department initially makes contact with
or is contacted by a family member or other individual regarding
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taking a potential guardianship of a child who was the subject of a
referral to the Department regarding allegations of abuse or
neglect, the Department shall provide the family member or other
individual with information regarding foster care, safety plans,
kinship foster placements, foster placements an d guardianships.
This information shall include but not be limited to:
1. Information regarding potential options for taking custody
of a child such as foster placement or kinship foster placement,
including information that relatives can be foster place ments if
able to meet requisite qualifications under the law;
2. Information regarding potential resources and assistance,
whether monetary or in services, that would be available to the
child and family member or other individual as either a kinship
foster placement, foster placement, safety plan monitor or guardian,
including disclosures that guardianship placements receive less
financial assistance than foster placements; and
3. Information regarding the family member or other
individual's duties and r esponsibilities to the parents of the child
as either a guardian, kinship foster placement, foster placement or
safety plan monitor.
C. The Department shall obtain a signed and dated information
sheet from the relative or individual stating that the infor mation
required by subsection B of this section was provided in writing,
explained verbally, and that he or she understood the information.
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The information sheet shall also be signed and dated by personnel
from the Department stating that the information sheet was provided
to the relative or other individual and that the information was
explained verbally. A copy of the information sheet may be kept by
the family member or other individual. In the event that the
individual declines to be provided the inf ormation sheet, Department
personnel shall have the individual sign and date the information
sheet and indicate that he or she does not wish to be provided the
information sheet. The Department shall also make the information
sheet available online and th e information sheet may be signed
electronically. The signed information sheet shall be filed along
with any guardianship petition that is subsequently filed regarding
the same child or children.
D. The information sheet shall be for informational purpos es
only. The signed information sheet shall not constitute a binding
agreement between the individual and the Department. The
information sheet does not confer any additional duties or
obligations to the Department other than those already prescribed by
law, nor does it guarantee placement. Further, the information
sheet does not constitute legal advice.
SECTION 2. This act shall become effective November 1, 202 1.
58-1-6514 CMA 12/15/20