Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB206

Introduced
2/1/21  

Caption

Guardianship; creating the Oklahoma Standby Guardianship Act. Effective date.

Impact

If enacted, SB206 will amend existing guardianship statutes in Oklahoma to incorporate provisions for standby guardianship. This law outlines the responsibilities and authority of a standby guardian, which can include both the care of the child and management of their property. It creates a legal pathway for parents to prepare for unforeseen circumstances where they may become unable to care for their children, thereby providing greater stability and security for the minors involved.

Summary

Senate Bill 206 establishes the Oklahoma Standby Guardianship Act, which provides for the designation of a standby guardian for minor children in the event a qualified parent is subject to deportation or has been deported. This act enables a parent to execute a written designation naming a standby guardian, whose authority becomes effective upon the occurrence of a specified triggering event. The primary goal of the bill is to ensure that the welfare of the child is maintained by allowing for a seamless transition of guardianship should the parent face deportation proceedings.

Contention

Notably, the act introduces defined terms such as 'qualified parent' and 'triggering event,' which could raise concerns among advocacy groups and legal experts regarding the implications for family law and the treatment of immigrant parents. Critics could argue that the law might inadequately address the complexities of family dynamics in cases involving immigration status, particularly in situations where other family members or stakeholders may oppose the designation of the standby guardian. Thus, careful scrutiny and monitoring of the implementation of this law may be necessary to ensure it serves the best interests of children and families.

Companion Bills

No companion bills found.

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