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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 340 By: Paxton of the Senate
and
Boatman of the House
An Act relating to the Oklahoma Adoption Code;
amending 10 O.S. 2011, Section 7505 -5.3, as amended
by Section 1, Chapter 242, O.S.L. 2012 (10 O.S. Supp.
2020, Section 7505-5.3), which relates to contents of
home study; modifying eligibility to review certain
home study reports; updating reference; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2011, Section 7505 -5.3, as
amended by Section 1, Chapter 242, O.S.L. 2012 (10 O.S. Supp. 2020,
Section 7505-5.3), is amended to read as follows:
Section 7505-5.3. A. A home study satisfying Section 7505 -5.1
or 7505-5.2 of this title must include at a minimum the following:
1. An appropriate inquiry to determine whether the proposed
home is a suitable one for the minor; and an y other circumstances
and conditions which may have a bearing on the adoption and of which
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the court should have knowledge; and in this entire matter of
investigation, the court is specifically authorized to exercise
judicial knowledge and discretion;
2. Documentation of at least one individual interview with each
parent, each school-age child and any other household member, one
joint interview, a home visit, and three written references;
3. Verification that the home is a healthy, safe environment in
which to raise a minor, as well as verification of marital status,
employment, income, access to medical care, physical health and
history; and
4. A review of a criminal background check and a child abuse
and neglect information system check.
a. A background check shall be required for adoptive
parents and all other household members eighteen (18)
years of age and older, consisting of a review of a
national fingerprint -based criminal background check,
a search of the Department of Corrections ’ files
maintained pursuant to the Sex Offenders Registration
Act, and a search of the child abuse and neglect
information system maintained for review by authorized
entities by the Department of Human Services.
b. A Department of Public Safety Motor Vehicle Report
shall be required for adoptive parents and all other
adult household members when the child to be adopted
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is in the legal custody of the Department of Human
Services.
c. For each adoptive parent or other household member
eighteen (18) years of age or older who ha s not
maintained continuous residency in the state for five
(5) years prior to the home study or home study
update, a child abuse registry check shall be required
from every other state in which the prospective
adoptive parent or other adult household memb er has
resided during such five -year period.
d. Each prospective adoptive parent or other household
member eighteen (18) years of age or older shall be
required to cooperate with the requirements of the
Department of Human Services and the Oklahoma State
Bureau of Investigation with regard to the criminal
background check and child abuse check , including but
not limited to signing a release of information
allowing the release of the results of any search to
the agency or person conducting the home study or home
study update.
e. Upon completion of the criminal record checks and
child abuse and neglect checks, the Department of
Human Services and the Oklahoma State Bureau of
Investigation shall forward all information obtained
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to the agency or other person aut horized in Section
7505-5.4 of this title to conduct home study
investigations who has requested the background
searches.
B. A home study which is being updated or brought current in
accordance with subsection A of Section 7505 -5.1 of this title shall
document appropriate inquiry into changes in the family situation
since the last home study, a home visit, at least one joint
interview, information on any children added to the family,
experiences, if any, of the adoptive parents as parents since the
last study, verification of current physical health, and three
current letters of reference.
C. An updated home study as described in subsection B of this
section shall include a review of criminal background checks and
child abuse and neglect checks as describe d in subsection A of this
section. However, when a national fingerprint background check has
been done within the five (5) years previous to the completion of
the updated home study and the results are available for review by
the home study investigator , then a name-based search of the records
of the Oklahoma State Bureau of Investigation on the adoptive
parents and other household residents over the age of eighteen (18)
years of age or older for whom the fingerprint background check has
been performed shall satisfy the requirements for a criminal
background check for purposes of a home study update.
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D. 1. A preplacement home study or update which is being used
solely for purposes of international adoption shall not require a
national fingerprint -based criminal background search in addition to
the one required by the United States Citizenship and Immigration
and Naturalization Service Services.
2. Such an international home study shall contain a review of a
state criminal background check, a search of the Department of
Corrections’ files maintained pursuant to the Sex Offenders
Registration Act, and a search of the child abuse and neglect
information system maintained for review by authorized entities by
the Department of Human Services.
3. An international home study or home study update as
described in this section must include a statement that the home
study recommendation is for international adoption purposes only and
may not be used as the basis for a domestic adoption without the
addition of a review of the results of a national fingerprint -based
criminal background search if such would be required by subparagraph
c of paragraph 4 of subsection A of this section.
E. The report of such home study or home study update shall
become a part of the files in the case and shall contain a definite
recommendation for or against the proposed adoption and the reasons
therefor.
F. Following issuance of an interlocutory decree of adoption,
or if the interlocutory decree is waived, prior to issuance of a
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final decree, the investigator conducting the home study or another
investigator who meets the qualifications specified in Section 7505 -
5.4 of this title, shall observe the minor in the proposed adoptive
home and report in writing to the court on any circumstances or
conditions which may have a bearing on the granting of a final
adoption decree. If the interlocutory decree was not waived, the
investigator must certify that the final examination described in
this subsection has been made since the granting of the
interlocutory order. This supplemental report shall include a
determination as to the legal availability or status of the minor
for adoption and shall be filed prior to the final decree of
adoption.
SECTION 2. This act shall become effectiv e November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON CHILDREN, YOUTH AND FAMILY
SERVICES, dated 03/30/2021 - DO PASS.