Oklahoma 2022 Regular Session

Oklahoma House Bill HB3467 Compare Versions

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	30	+	March 29, 2022
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3	34		BILL NO. 3467 By: Lawson of the House
4	35
5	36		and
6	37
7	38		Rosino of the Senate
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14	43		An Act relating to children; amending 10A O.S. 2021,
15	44		Section 1-4-306, which relates to appointment of
16	45		counsel; permitting court to provide reimbursement
17	46		for mileage in certain circumstances; and providing
18	47		an effective date.
19	48
20	49
21	50
22		-	~~SUBJECT: Children~~
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24	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
25		-
26	54		SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -4-306, is
27	55		amended to read as follows:
28		-
29	56		Section 1-4-306.
30		-
31	57		A. 1. a. If a parent or legal guardian of the child requests an
32	58		attorney and is found to be indigent, counsel may be
33	59		appointed by the court at the emergency c ustody
34	60		hearing and shall be appointed if a petition h as been
35	61		filed alleging that the child is a deprived child;
36	62		provided, that the court may appoint counsel without
37	63		such request, if it deems representation by counsel
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38	91		necessary to protect the interest of th e parent, legal
39	92		guardian, or custodian.
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41	93		b. The court shall not be required to appoint an attorney
42	94		for any person other than a parent , or legal guardian
43	95		of the child pursuant to the provisions of this
44	96		paragraph.
45		-	ENR. H. B. NO. 3467 Page 2
46	97		2. a. The court may appoint an attorney or a guardian ad
47	98		litem for the child when an emergency cus tody hearing
48	99		is held; provided, that when a petition is filed
49	100		alleging the child to be deprived, the court shall
50	101		appoint a separate attorney for the child, who shall
51	102		not be a district attorney, regardles s of any
52	103		attempted waiver by the parent, legal guardi an or
53	104		custodian of the child of the right of the chi ld to be
54	105		represented by counsel. The child 's attorney shall be
55	106		independent of and not selected by the district
56	107		attorney, the child's parent, legal guardian, or
57	108		custodian. If financially capable, the par ent, legal
58	109		guardian or custodian shall reimburse the Court Fund
59	110		for the services of a court -appointed attorney for the
60	111		child.
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62	112		b. The attorney appointed for the child shall make
63	113		arrangements to meet with the child as soon as
64	114		possible after receiving notific ation of the
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65	142		appointment. Except for good cause sho wn, the
66	143		attorney shall meet with the child prior to any
67	144		hearing in such proceeding. The attorney may speak
68	145		with the child over the telephone if a pers onal visit
69	146		is not possible due to exigent circumstanc es. If a
70	147		meaningful attorney-client relationship be tween the
71	148		child and the attorney is prohibited due to age or
72	149		disability of the child, the attorney shall contact
73	150		the custodian or caretaker of the chil d prior to the
74	151		hearing.
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76	152		c. The attorney shall represe nt the child and any
77	153		expressed interests of the chil d. To the extent that
78	154		a child is unable to express an interest, either
79	155		because the child is preverbal, very young or for any
80	156		reason is incapable of ju dgment and meaningful
81	157		communication, the attorney sha ll substitute his or
82	158		her judgment for that of the ch ild and formulate and
83	159		present a position which serves the best interest s of
84	160		the child. Such formulation must be accomplished
85	161		through the use of object ive criteria rather than
86	162		solely the life experience o r instinct of the
87	163		attorney. The objective criteria shall include, but
88	164		not be limited to:
89		-	ENR. H. B. NO. 3467 Page 3
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90	192		(1) a determination of the circum stances of the child
91	193		through a full and efficient investigation,
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93	194		(2) assessment of the child at the moment of the
94	195		determination,
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96	196		(3) examination of all options in light of the
97	197		permanency plans available to the child, and
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99	198		(4) utilization of medical, mental health and
100	199		educational professionals, social workers and
101	200		other related experts.
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103	201		The attorney shall make such further inquiry as the a ttorney
104	202		deems necessary to ascertain the facts, to i nterview witnesses,
105	203		examine and cross-examine witnesses, make recommend ations to the
106	204		court and participate further in the proceedings to the degree
107	205		appropriate for adequately representing the interests of the child.
108	206		A child is a party to all deprived proc eedings and is therefore able
109	207		to participate as fully as the parents an d the district attorney in
110	208		all aspects of the proceedings including, but not lim ited to, voir
111	209		dire, cross-examination, the subpoena o f witnesses, and opening and
112	210		closing statements.
113		-
114	211		3. The attorney shall be allowed a reasonable fee for such
115	212		services as determined by the court.
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117	213		4. When an attorney is required to travel to more than o ne
118	214		district court location in order to represent a parent, a child, or
119	215		children whom the attorney has bee n court-appointed to represent,
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120	243		the court may in its discretion allow the attorney a reasonable
121	244		reimbursement for mileage.
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123	245		5. The court shall ensure t hat the child is represented by
124	246		independent counsel t hroughout the pendency of the deprived action.
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126	247		B. 1. After a petition is filed, the court shall appoint a
127	248		guardian ad litem upon the request of the child or the attorney of
128	249		the child, and may appoint a guardian ad litem sua sponte or upon
129	250		the request of the Department of Human Services, a licensed child -
130	251		placing agency, or another party to the action.
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132	252		2. A guardian ad litem shall not be a district attorney, an
133	253		employee of the office of the district atto rney, the child's
134		-	attorney, an employee of the court, an employee of a ~~j uvenile ENR. H. B. NO. 3467 Page 4~~
	254	+	attorney, an employee of the court, an employee of a juvenile
135	255		bureau, or an employee of any public agency having duties or
136	256		responsibilities towards the child .
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138	257		3. The guardian ad litem shall be appointed to objectively
139	258		advocate on behalf of the child and act as an officer of the court
140	259		to investigate all matters concerning the best interests of the
141	260		child. In addition to other duties required by the court and a s
142	261		specified by the court, a guardian ad litem shall have the following
143	262		responsibilities:
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145	263		a. review documents, reports, records and oth er
146	264		information relevant to the case, meet with and
147	265		observe the child in appropriate settings, including
148	266		the child's current placement, and interview parents,
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149	294		foster parents, health care providers, child
150	295		protective services workers and any other person with
151	296		knowledge relevant to the case,
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153	297		b. advocate for the best interests of the child by
154	298		participating in the case, attending a ny hearings in
155	299		the matter and advocating for appropriate services for
156	300		the child when necessary,
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158	301		c. monitor the best interests of the c hild throughout any
159	302		judicial proceeding, and
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161	303		d. present written reports on the best interests of the
162	304		child that include co nclusions and recommendations and
163	305		the facts upon which they are based.
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165	306		4. The guardian ad litem shall be given access to the court
166	307		files and agency files and access to all documents, re ports, records
167	308		and other information relevant to the case and to any r ecords and
168	309		reports of examination of the child 's parent or other custodian,
169	310		made pursuant to the laws relating to child abuse and negl ect
170	311		including reports generated by service providers .
171		-
172	312		5. The Oklahoma Bar Association shall develop a standard
173	313		operating manual for guardians ad litem which shall include, but not
174	314		be limited to, legal o bligations and responsibilities, information
175	315		concerning child abuse, child development, domestic abuse, s exual
176	316		abuse, and parent and child behavioral health and management
177	317		including best practices. After publication of the manual, all
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178	345		guardians ad litem s hall certify to the court in which he or she is
179		-	appointed as a guardian ad litem that the manual has been read and ~~ENR. H. B. NO. 3467 Page 5~~
	346	+	appointed as a guardian ad litem that the manual has been read and
180	347		all provisions contained therein are understood. The guardi an ad
181	348		litem shall also certify that he or she agrees to follow the best
182	349		practices described within the standard operating manual. The
183	350		Administrative Office of the Courts shall provide p ublic access to
184	351		the standard operating manual by providing a link to t he manual on
185	352		the Oklahoma State Courts Network (OSCN) website.
186		-
187	353		C. 1. Whenever a court-appointed special advocate program is
188	354		available to the court to serve as a guardian ad litem, prio rity may
189	355		be given to appointment of the court -appointed special advoca te to
190	356		serve as guardian ad litem for the child regardless of whether a
191	357		guardian ad litem has been requested pursuant to the provisions of
192	358		this subsection.
193		-
194	359		2. For purposes of the Oklahom a Children's Code, a "court-
195	360		appointed special advocate " and a "guardian ad litem" shall have the
196	361		same function except as otherwise provided by law. In like manner,
197	362		a court-appointed special advocate, exc ept as specifically otherwise
198	363		provided by law or by the court, shall have the same power, duties,
199	364		and responsibilities as assigned to a guardian ad litem by law and
200	365		shall have such other qualifications, duties, and responsibilities
201	366		as may be prescribed by rule by the Supreme Court.
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203	367		3. A court-appointed special advocate shall serve without
204	368		compensation.
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206	396		SECTION 2. This act shall become effective November 1, 2022.
207		-	ENR. H. B. NO. 3467 Page 6
208		-	Passed the House of Representatives the 10th day of March, 2022.
209		-
210		-
211		-
212		-
213		-	Presiding Officer of the House
214		-	of Representatives
215		-
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217		-	Passed the Senate the 19th day of April, 2022.
218		-
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222		-	Presiding Officer of the Senate
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225		-
226		-	OFFICE OF THE GOVERNOR
227		-	Received by the Office of the Governor this ____________________
228		-	day of ___________________, 20_______, a t _______ o'clock _______ M.
229		-	By: _________________________________
230		-	Approved by the Governor of the State of Oklahoma this _____ ____
231		-	day of ___________________, 20_______, at _______ o'clock _______ M.
232		-
233		-
234		-	_________________________________
235		-	Governor of the State of Oklahoma
236		-
237		-	OFFICE OF THE SECRETARY OF STATE
238		-	Received by the Office of the Secretary of State this __________
239		-	day of ___________________, 20_______, at _______ o'clock _______ M.
240		-	By: _________________________________
241		-
	397	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	398	+	March 29, 2022 - DO PASS