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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 206 By: Brooks
AS INTRODUCED
An Act relating to guardianship; creating the
Oklahoma Standby Guardianship Act; provi ding short
title; defining terms; authorizing written
designation; providing inclusions; requiring certain
conditions; conferring certain authority; pro viding
certain notice; mandating findings; auth orizing
appointment of guardian ad lite m; specifying petition
inclusions; allowing for re vocation of guardianship;
permitting refusal; rescinding guardia nship;
permitting review; providing for codification; and
providing an effective d ate.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7-101 of Title 30, unless there
is created a duplication in numb ering, reads as follows:
This act shall be known and may be cited as the "Oklahoma
Standby Guardianship Act ".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Se ction 7-102 of Title 30, unless there
is created a duplication in numb ering, reads as follows:
As used in this act:
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1. "Deported" means an alien or noncitizen having been
involuntarily removed from the United States and sent back to their
country of origin;
2. "Deportation proceeding" means any proceeding by which an
alien or noncitizen may be expelled from the United Sta tes for
violations of immigration law;
3. "Designation" means a writing which is voluntarily ex ecuted
in conformance with the requirements of Section 3 of this act and
signed by a parent and names a person to act as standby guardian;
4. "Parent" means a genetic or adoptive parent or parent
determined in accordance with the standards set forth in Se ction
7700-201 of Title 10 of the Oklahoma Statutes, and includes a
person, other than a parent, who has physical custody of a child and
who has either been awa rded custody by a court or claims a right to
custody;
5. "Qualified parent" means a parent who has been deported or
is currently the subject of a deportation pro ceeding, as evidenced
in writing, by a court of appropriate jurisdiction or by a state or
the federal government;
6. "Standby guardian" means a person who, in accordance with
this act, is designated in writing or approved by the court to
temporarily assume the duties of guardian of the person or guardian
of the property, or both, of a minor child on behalf of or in
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conjunction with a qualified par ent upon the occurrence of a
triggering event; and
7. "Triggering event" means the event upon the occurrence of
which the standby guardian may be authorized to act. The triggering
event shall be specifie d in the court order or written designation
and shall be the earlier of either the commencement o f a deportation
proceeding or the deportatio n of the qualified parent.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7-103 of Title 30, unless there
is created a duplication in numb ering, reads as follows:
A. A parent may execute a written designation of a standby
guardian at any time. The written designation shall state:
1. The name, address and birthdate of the child affected;
2. The triggering event; and
3. The name and address of the person designated as standby
guardian or alternate.
The written designation shall be signed by the parent. The
designated standby guardian or alternate ma y not sign on behalf of
the parent. The signed designation shall be delivered to the
standby guardian and any alternate named as soon as practicable.
B. Following such delivery of the designation, the authority of
a standby guardian to act for a qualifie d parent shall commence upon
the occurrence of the specified triggering event and the qualified
parent's written consent to such commencement signed by the parent.
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C. A standby guardian under a designation shall have the
authority of a guardian of the per son and a guardian of the property
of the child, unless otherwise specified in the designation.
D. A designated standby guardian or alternate shall file a
petition for approval as standby guardian. The petition shall be
filed as soon as practicable after the occurrence of the triggering
event but in no event later than thirty (30) days after the date of
the commencement of his or her authority. The authority of the
standby guardian shall cease upon his or her failure to so file but
shall recommence upon such filing. The petition shall be
accompanied by a copy of the designation and any documentation
supporting the occurrence of the triggering event.
E. Upon the filing of a petition, notice of the filing shall
promptly be given to each parent of the chil d whose identity and
whereabouts are known to the p etitioner. The court shall direct the
issuance of summonses to the child, if the child is twelve (12)
years of age or older and the proposed standby guardian and
alternate, if any, and such other persons as appear to the court to
be proper or necessary pa rties to the proceedings including the
child's parents, guardian, legal custodian or other person standing
in loco parentis, if the identity and whereabouts of such persons
are known.
F. The court shall enter an order approving the designated
guardian as standby guardian upon finding that:
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1. The person was duly designated as standby guardian pursuant
to this section and the designation has not been revoked;
2. A specified triggering event occurred, and the parent
consented to commencement of the standby guardian's authority;
3. The best interests of the child will be served by approval
of the standby guardian; and
4. If the petition is by an alternate, that the designated
standby guardian is unwilling or unable to serve.
G. An order approving the stan dby guardian shall not be entered
without a hearing if there is another known parent, stepparents,
adult siblings, or other adult related to the child by blood,
marriage or adoption who requests a hearing within ten (10) days of
the date that notice of the filing was sent or if there is other
litigation pending regarding custody of the child.
H. Prior to any hearing on the petition, the court may appoint
a discreet and competent attorney at law as guardian ad litem to
represent the child. The qualified parent shall not be required to
appear in court if the parent is detained and unable to appear, or
upon motion for any other good cause shown.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7-104 of Title 30, unless there
is created a duplication in numb ering, reads as follows:
A. Upon petition of any person, the district court of the
jurisdiction in which a child resides may approve a perso n as
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standby guardian for a child of a qualified pa rent upon the
occurrence of a specified triggering event. If requested in the
petition, the court may also approve an alternate standby guardian
identified by the petitioner to act in the event that at an y time
after approval pursuant to this section the standby guardian is
unable or unwilling to assume the responsibilities of the standby
guardianship.
B. The petition shall state:
1. The name and address of the petitioner and his or her
relationship to the child, the name and address of the child 's
qualified parent and the name and address of any other parent of the
child whose identity and whereabouts are known to the petitioner or
can reasonably be ascertained;
2. The name, address and birthdate of the child;
3. The nature of the proposed triggering e vent including when a
qualified parent's consent would be effective in those cases w here
such consent is chosen as the triggering event;
4. Whether the parent has been deported or the deportation
process has commenced and, if so, when and by whom;
5. The name and address of the person proposed as standby
guardian and any alternate and whe ther the petition requests that
such person be given authority as a guardian of the person or
guardian of the property of the minor, or both;
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6. A statement of any known reasons as to why the child's other
parent is not assuming or should not assume the responsibilities of
a standby guardian; and
7. Whether there is any prior judicial history regarding
custody of the child or any pending litigation regarding custody of
the child.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7-105 of Title 30, unless there
is created a duplication in numb ering, reads as follows:
A. The authority of a standby guardian ap proved by the court
may be revoked by the qualified parent by filing a notice of
revocation with the court. The notice of revocation shall identify
the standby guardian or alternate standby guardian to wh ich the
revocation will apply. A copy of the revocation shall also be
delivered to the standby guardian whose authority is revoked and any
alternate standby guard ian who may then be authorized to act.
B. At any time following his or her approval by the c ourt, a
standby guardian approved by the court may decline to serve by
filing a written statement of refusal with the court and having the
statement personally serv ed on the qualified parent and any
alternate standby guardian who may then be authorized to act.
C. When a written designation has been executed but is not yet
effective because the triggering event has not yet occurred, the
parent may revoke, or the prospective standby guardian may refuse ,
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the designation by notifying the other party in writing . A written
designation may also be revoked by the execution of a subsequent
inconsistent designation.
D. When a standby guardian 's authority becomes effective upon
the occurrence of a triggering event of the qualified parent, the
standby guardian's authority to act on behalf of th e qualified
parent continues even though the qualified parent is not deported or
the deportation proceeding is dismissed, unless the quali fied parent
notifies the standby guardian and the court, in writing, that the
standby guardian's authority is revoked due to the triggering e vent
expiring.
E. If at any time the court finds that the parent no longer
meets the definition of "qualified parent," the court shall rescind
its approval of the standby guardian.
SECTION 6. NEW LAW A new se ction of law to be codi fied
in the Oklahoma Statutes as Section 7-106 of Title 30, unless there
is created a duplication in numb ering, reads as follows:
A child's parent, stepparent, adult sibling or any adult rela ted
to the child by blood, marriage or adoption may petition the court
which approved the standby guardian at any time following such
approval and prior to any termination of the standby guardianship
for review of whether continuation of the standby guardi anship is in
the best interests of the child. Notice of the filing of a petition
shall promptly be given to the standby guardian, the child, if the
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child is twelve (12) years of age or older, and each parent of the
child whose identity and whereabouts are known or could reasonably
be ascertained.
SECTION 7. This act shall become effective November 1, 2021.
58-1-160 PW 12/30/2020 11:28:12 AM