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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3467 By: Lawson of the House
and
Rosino of the Senate
AS INTRODUCED
An Act relating to children; amending 10A O.S. 2021,
Section 1-4-306, which relates to appointment of
counsel; permitting court to provid e reimbursement
for mileage in certain circumstances; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -4-306, is
amended to read as f ollows:
Section 1-4-306.
A. 1. a. If a parent or legal guardian of the child requests an
attorney and is found to be indigent, counsel may be
appointed by the court at the emergency c ustody
hearing and shall be appointed if a petition has been
filed alleging that the child is a deprived child;
provided, that the court may appoint counsel without
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such request, if it deems representation by counsel
necessary to protect the interest of th e parent, legal
guardian, or custodian.
b. The court shall not be requir ed to appoint an attorney
for any person other than a parent , or legal guardian
of the child pursuant to the provisions of this
paragraph.
2. a. The court may appoint an attorney or a guardian ad
litem for the child when an emergency custody hearing
is held; provided, that when a petition is filed
alleging the child to be deprived, the court shall
appoint a separate attorney for the child, who shall
not be a district attorney, regardles s of any
attempted waiver by the parent, legal guardian or
custodian of the child of the right of the child to be
represented by counsel. The child 's attorney shall be
independent of and not selected by the district
attorney, the child's parent, legal guardian, or
custodian. If financially capable, the parent, legal
guardian or custodian shall reimburse the Court Fund
for the services of a court -appointed attorney for the
child.
b. The attorney appointed for the child shall make
arrangements to meet with the child as soon as
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possible after receiving notification of the
appointment. Except for good cause shown, the
attorney shall meet with the child prior to any
hearing in such proceeding. The attorney may speak
with the child over the telephone if a pers onal visit
is not possible due to exigent circumstances. If a
meaningful attorney-client relationship between the
child and the attorney is prohibited due to age or
disability of the child, the attorney shall contact
the custodian or caretaker of the chil d prior to the
hearing.
c. The attorney shall represent the child and an y
expressed interests of the child. To the extent that
a child is unable to express an interest, either
because the child is preverbal, very young or for any
reason is incapable of ju dgment and meaningful
communication, the attorney shall substitute his o r
her judgment for that of the child and formulate and
present a position which serves the best interest s of
the child. Such formulation must be accomplished
through the use of object ive criteria rather than
solely the life experience or instinct of the
attorney. The objective criteria shall include, but
not be limited to:
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(1) a determination of the circum stances of the child
through a full and efficient investigation,
(2) assessment of the child at the moment of the
determination,
(3) examination of all options in light of the
permanency plans available to the child, and
(4) utilization of medical, mental health and
educational professionals, social workers and
other related experts.
The attorney shall make such further inquiry as the attorney
deems necessary to ascertain the facts, to interview witnesses,
examine and cross-examine witnesses, make recommend ations to the
court and participate further in the proceedings to the degree
appropriate for adequately representing the interests of the child.
A child is a party to all deprived proceedings and is therefore able
to participate as fully as the parents an d the district attorney in
all aspects of the proceedings including, but not lim ited to, voir
dire, cross-examination, the subpoena of witnesses, and op ening and
closing statements.
3. The attorney shall be allowed a reasonable fee for such
services as determined by the court.
4. When an attorney is required to travel to more than o ne
district court location in order to represent a parent, a child, or
children whom the attorney has been court -appointed to represent,
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the court may in its discretion allow the attorney a reasonable
reimbursement for mileage.
5. The court shall ensure t hat the child is represented by
independent counsel throughout the pende ncy of the deprived action.
B. 1. After a petition is filed, the court shall appoint a
guardian ad litem upon the request of the child or the attorney of
the child, and may appoint a guardian ad litem sua sponte or upon
the request of the Department of H uman Services, a licensed child -
placing agency, or another party to the action.
2. A guardian ad litem shall not be a district attorney, an
employee of the office of the district atto rney, the child's
attorney, an employee of the court, an employee of a j uvenile
bureau, or an employee of any public agency having duties or
responsibilities towards the child .
3. The guardian ad litem shall be appointed to objectively
advocate on behalf of the child and act as an officer of the court
to investigate all matte rs concerning the best interests of the
child. In addition to other duties required by the court and a s
specified by the court, a guardian ad litem shall have the following
responsibilities:
a. review documents, reports, records and other
information relevant to the case, meet with and
observe the child in appropriate settings, including
the child's current placement, and interview parents,
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foster parents, health care providers, child
protective services workers and any other person with
knowledge relevant to the case,
b. advocate for the best interests of the child by
participating in the case, attending a ny hearings in
the matter and advocating for appropriate services for
the child when necessary,
c. monitor the best interests of the child throughout any
judicial proceeding, and
d. present written reports on the best interests of the
child that include co nclusions and recommendations and
the facts upon which they are based.
4. The guardian ad litem shall be given access to the court
files and agency file s and access to all documents, reports, records
and other information relevant to the case and to any r ecords and
reports of examination of the child 's parent or other custodian,
made pursuant to the laws relating to child abuse and neglect
including reports generated by service providers.
5. The Oklahoma Bar Association shall develop a standard
operating manual for guardians ad litem which shall include, but not
be limited to, legal o bligations and responsibilities, information
concerning child abuse, chi ld development, domestic abuse, sexual
abuse, and parent and child behavioral health and management
including best practices. After publication of the manual, all
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guardians ad litem s hall certify to the court in which he or she is
appointed as a guardian ad litem that the manual has been read and
all provisions contained therein are understood. The guardi an ad
litem shall also certify that he or she agrees to follow the best
practices described within the standard operating manual. The
Administrative Office of the Courts shall provide public access to
the standard operating manual by providing a link to t he manual on
the Oklahoma State Courts Network (OSCN) website.
C. 1. Whenever a court-appointed special advocate program is
available to the court to s erve as a guardian ad litem, priority may
be given to appointment of the court -appointed special advoca te to
serve as guardian ad litem for the child regardless of whether a
guardian ad litem has been requested pursuant to the provisions of
this subsection.
2. For purposes of the Oklahoma Children 's Code, a "court-
appointed special advocate " and a "guardian ad litem" shall have the
same function except as otherwise provided by law. In like manner,
a court-appointed special advocate, except as specifically otherwise
provided by law or by the court, shall have the same power, duties,
and responsibilities as assigned to a guardian ad litem by law and
shall have such other qualifications, duties, and responsibilities
as may be prescribed by rule by the Supreme Court.
3. A court-appointed special advocate shall serve without
compensation.
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SECTION 2. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COM MITTEE ON APPROPRIATIONS AND BUDGET, dated
03/03/2022 - DO PASS, As Coauthored.