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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 191 By: Howard
AS INTRODUCED
An Act relating to the Oklahoma Children’s Code;
amending 10A O.S. 2011, Section 1 -4-602, which
relates to petitions for adjudication; requiring
Department of Human Services to make certain
amendments to internal documents; prohibiting use of
certain allegations against parent in future
proceedings; providing for retroactive applica bility;
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 -4-602, is
amended to read as follows:
Section 1-4-602. If the court finds that the factual
allegations of the petition are not support ed by a preponderance of
the evidence, the court shall order the petition dismissed and shall
order the child discharged from any custody. The child ’s parents,
guardian or other legal custodian shall also be discharged from any
restriction or other previo us temporary order. Upon the dismissal
of the petition, the Department of Human Services shall make
necessary amendments in its internal documents to reflect that any
allegations that may have been substa ntiated were determined by the
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court to not be supp orted by a preponderance of the evidence and
that the petition was dismissed. Any substantiated allegations that
were part of a petition which was dismissed shall not be used
against the parent in any fut ure court proceeding and shall be
treated by the Department as if the allegations were
unsubstantiated. This section shall be retroactive and shall apply
regardless of when the allegations were substantiated.
SECTION 2. This act shall bec ome effective November 1, 202 1.
58-1-858 TEK 12/29/2020 12:16:55 PM