Oklahoma 2023 Regular Session

Oklahoma House Bill HB1033 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB1033 HFLR Page 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31	28		STATE OF OKLAHOMA
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33	30		1st Session of the 59th Legislature (2023)
34	31
35	32		HOUSE BILL 1033 By: Lawson
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43	38		AS INTRODUCED
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45	40		An Act relating to children; amending 10 O.S. 2021,
46	41		Section 7505-3.2, which relates to ado ption;
47	42		modifying amount that may be expended under certain
48	43		circumstances; and providing an effective date .
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57	48		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
58	49		SECTION 1. AMENDATORY 10 O.S. 2021, Section 7505 -3.2, is
59	50		amended to read as follows:
60	51		Section 7505-3.2 A. 1. An affidavit shall b e attached to the
61	52		petition for adoption, or may be filed after the filing of the
62	53		petition for adoption, but prior to the final decree of adoption,
63	54		which discloses to the court all of the costs, funds, or monies
64	55		expended by the adoptive family or expected t o be expended in
65	56		connection with the adoption of a minor.
	57	+	2. No final decree of adoption shall be entered until the court
	58	+	is satisfied that all costs and expenses have been disclosed, are
	59	+	reasonable, and that the costs and expens es do not violate the
	60	+	provisions of subsection B of this section. Upon its review of the
	61	+	affidavit of monies expen ded, the court shall in writing disapprove
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67		-	HB1033 HFLR Page 2
68		-	BOLD FACE denotes Committee Amendments. 1
	63	+	Req. No. 5229 Page 2 1
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93		-	2. No final decree of adoption shall be entered until the court
94		-	is satisfied that all costs and expenses have been disclose d, are
95		-	reasonable, and that the costs and expens es do not violate the
96		-	provisions of subsection B of this section. Upon its review of the
97		-	affidavit of monies expen ded, the court shall in writing disapprove
98	88		any expenditure that the court deems unreasonable or in violation of
99	89		Sections 865 through 870 of T itle 21 of the Oklahoma St atutes and,
100	90		to the extent necessary to comply with Oklahoma law, shall order
101	91		reimbursement of any consideration given in violation of Sec tions
102	92		865 through 870 of Title 21 of the Oklahoma Statutes. Payments made
103	93		pursuant to this section shall not be a viol ation of Sections 865
104	94		through 870 of Title 21 of the Oklahoma Statutes. Court approval o f
105	95		the affidavit of monies expended shall not exe mpt a person, attorney
106	96		or licensed child-placing agency from prosecution if the information
107	97		provided to the court is fr audulent or false.
108	98		B. 1. Except as otherwise specifically provided by law, the
109	99		following list of adoption-related costs and expenses sp ecified in
110	100		this paragraph may be deemed proper items for a person to pay in
111	101		connection with an adoption:
112	102		a. reasonable attorney fees and court costs,
113	103		b. reasonable medical expenses for birth mother and minor
114	104		to be adopted,
	105	+	c. reasonable adoption counseling expenses for birth
	106	+	parents before and after the birth of the minor, not
	107	+	to exceed six (6) mo nths from placement of the minor,
	108	+	d. reasonable fees of a licensed child -placing agency,
	109	+	including social services staff fees provided by
	110	+	agency employees that inc lude:
	111	+	(1) casework services,
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116		-	HB1033 HFLR Page 3
117		-	BOLD FACE denotes Committee Amendments. 1
	113	+	Req. No. 5229 Page 3 1
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142		-	c. reasonable adoption counseling expenses for birth
143		-	parents before and after the birth of the minor, not
144		-	to exceed six (6) mo nths from placement of the minor,
145		-	d. reasonable fees of a licensed child -placing agency,
146		-	including social services staff fees provided by
147		-	agency employees that inc lude:
148		-	(1) casework services,
149	138		(2) adoptive child and family studies,
150	139		(3) placement services,
151	140		(4) certification of agenc y facilities,
152	141		(5) admission assessments, and
153	142		(6) service planning,
154	143		e. (1) reasonable and necessary living expenses of the
155	144		birth mother that are incurred during the
156	145		adoption planning process or during the
157	146		pregnancy, not to exceed tw o (2) months after the
158	147		birth of the minor or after the consent or
159	148		relinquishment of the birth mother. Reasonable
160	149		and necessary living expenses include but are no t
161	150		limited to:
162	151		(a) housing expenses,
163	152		(b) utilities, such as electric, gas, water, or
164	153		telephone bills,
	154	+	(c) food for the birth mother and any minor
	155	+	child of the birth mother residing in the
	156	+	home of the birth moth er,
	157	+	(d) travel expenses for transportation to
	158	+	support the pregnancy, such as gasoline, bus
	159	+	fares, or providing for the temporary use of
	160	+	a vehicle during the pregnancy , and
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166		-	HB1033 HFLR Page 4
167		-	BOLD FACE denotes Committee Amendments. 1
	162	+	Req. No. 5229 Page 4 1
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192		-	(c) food for the birth mother and any minor
193		-	child of the birth mother residing in the
194		-	home of the birth moth er,
195		-	(d) travel expenses for transportation to
196		-	support the pregnancy, such as gasoline, bus
197		-	fares, or providing for the temporary use of
198		-	a vehicle during the pregnancy , and
199	187		(e) child care or foster care for any minor
200	188		child of the birth mother associated wit h
201	189		pregnancy-related medical care.
202	190		(2) Reasonable and necessary living expenses shall
203	191		not include:
204	192		(a) any expenses met by existing resources of
205	193		the birth mother,
206	194		(b) any expenses used for the support of family
207	195		members who are not minor children of the
208	196		mother,
209	197		(c) any expenses for recreational or leisur e
210	198		activities, and
211	199		(d) the purchase or gift of an automobile,
212	200		f. reasonable expenses for a home study,
213	201		g. reasonable and necessary costs associated with an
214	202		international adoption,
	203	+	h. reasonable expenses legally required by any
	204	+	governmental entity related to the adoption of a
	205	+	minor, and
	206	+	i. a one-time gift to the birth mother from the
	207	+	prospective adoptive parents of no greate r value than
	208	+	One Hundred Dollars ($100.00).
	209	+	2. In addition, all expenses approved by the court should be
	210	+	commensurate with other customa ry fees for similar services by
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216		-	HB1033 HFLR Page 5
217		-	BOLD FACE denotes Committee Amendments. 1
	212	+	Req. No. 5229 Page 5 1
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242		-	h. reasonable expenses legally required by any
243		-	governmental entity related to the adoption of a
244		-	minor, and
245		-	i. a one-time gift to the birth mother from the
246		-	prospective adoptive parents of no greate r value than
247		-	One Hundred Dollars ($100.00).
248		-	2. In addition, all expenses approved by the court should be
249		-	commensurate with other customa ry fees for similar services by
250	237		persons of equivalent experience and training where the servic es are
251	238		performed. Any services provided outside this state shall be
252	239		allowed in an amount as if the services had be en performed within
253	240		the State of Oklahoma.
254	241		3. The provisions of this subsection shall apply to living and
255	242		transportation expenses incurred a fter the biological mothe r of the
256	243		minor contacts the child -placing agency or attorney for adoption
257	244		services.
258	245		4. The provisions of this subsection shall not prohi bit a court
259	246		from extending any time period, or including any additional costs
260	247		and expenses in connection with an adopti on other than those
261	248		specified in this subsection based on unusual circumstances or need.
262	249		If additional costs and expenses in connection with an adoption are
263	250		approved by the court, the court shall specify in writing the
264	251		unusual circumstances that justify t he approval.
	252	+	5. Except as otherwise ordered by the court except for good
	253	+	cause shown, all payments made pursuant to this section shall b e
	254	+	paid directly to the third -party provider of services or goods. Any
	255	+	living expense paid on behalf of a birth mother in a domestic
	256	+	adoption which is not supported by an itemized receipt shall not be
	257	+	allowed for payment. If gift cards are issued to pay e xpenses, an
	258	+	itemized receipt verifying purchases shall be required for approval
	259	+	by the court. The accounting shall inc lude vouchers for all monies
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266		-	HB1033 HFLR Page 6
267		-	BOLD FACE denotes Committee Amendments. 1
	261	+	Req. No. 5229 Page 6 1
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292		-	5. Except as otherwise ordered by the court except for good
293		-	cause shown, all payments made pursuant to this section shall b e
294		-	paid directly to the third -party provider of services or goods. Any
295		-	living expense paid on behalf of a birth mother in a domestic
296		-	adoption which is not supported by an itemized receipt shall not be
297		-	allowed for payment. If gift cards are issued to pay e xpenses, an
298		-	itemized receipt verifying purchas es shall be required for approval
299		-	by the court. The accounting shall inc lude vouchers for all monies
300	286		expended, copies of all checks written and receipts for all c ash
301	287		payments attesting to the accuracy of the a ccounting.
302	288		6. No person, attorney or licensed child -placing agency shall
303	289		have a financial int erest in a third-party provider of services or
304	290		goods, without disclosing in an affidavit the financial interest to
305	291		the court and the other parties to the adoption .
306	292		C. Any person, attorney, or licensed child -placing agency
307	293		desiring to pay living and transp ortation expenses on beha lf of a
308	294		birth mother is authorized to expend an initial amount not to exceed
309	295		One Thousand Dollars ($1,000.00) Three Thousand Five Hundred
310	296		($3,500.00) plus deposits for housing a nd utilities for such costs
311	297		and expenses without first obtaining court approval as required by
312	298		paragraph 1 of subsection D of this section. Any such costs and
313	299		expenses shall be disclosed as is otherwise required by the Oklahoma
314	300		Adoption Code.
	301	+	D. 1. Except for the amount authorized by subsection C of this
	302	+	section, the payment of any l iving or transportation expenses for
	303	+	benefit of the birth mother as authorized in subpa ragraph e of
	304	+	paragraph 1 of subsection B of this section shall be approved in
	305	+	advance by the court.
	306	+	2. The person, attorney, or licensed chi ld-placing agency
	307	+	desiring to pay living or transportation expenses on behalf of a
	308	+	birth mother which exceed the am ount in subsection C of this section
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316		-	HB1033 HFLR Page 7
317		-	BOLD FACE denotes Committee Amendments. 1
	310	+	Req. No. 5229 Page 7 1
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342		-	D. 1. Except for the amount authorized by subsection C of this
343		-	section, the payment of any l iving or transportation expenses for
344		-	benefit of the birth mother as authorized in subpa ragraph e of
345		-	paragraph 1 of subsection B of this section shall be approved in
346		-	advance by the court.
347		-	2. The person, attorney, or licensed chi ld-placing agency
348		-	desiring to pay living or transportation expenses on behalf of a
349		-	birth mother which exceed the am ount in subsection C of this section
350	335		shall file a petition for an order approving payme nt of adoption-
351	336		related expenses.
352	337		3. The petition for an order approving payment o f adoption-
353	338		related expenses shall be filed in the district court where the
354	339		adoption petition is to be filed, as provided in Section 7502 -1.2 of
355	340		this title.
356	341		4. The petition shall be captioned: "In the matter of Baby
357	342		(name)." The petition shall include a l isting of all anticipated
358	343		living or transportation expenses to be paid on behalf of the birth
359	344		mother for which court approval is being sought. If additional
360	345		expenditures not previously authorized by the court are needed on
361	346		behalf of the birth mother, an a mended petition may be filed with
362	347		the court.
363	348		5. The petition shall be heard by the cou rt within ten (10)
364	349		days of filing. The court clerk shall charge the same cost for a
365	350		petition for payment of expenses as is charged for the f iling of an
	351	+	adoption petition. In the event an adoption petition is later filed
	352	+	in the same county, the adoption p etition shall be filed as an
	353	+	amended petition within the same case in which payment for expenses
	354	+	was approved and no additional court costs s hall be required. In
	355	+	the event a petition for preadoption termination of parental rights
	356	+	is later filed in the sam e county, the court clerk shall not assess
	357	+	an additional filing fee and may use the sam e case number as for the
	358	+	petition for adoption.
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367		-	HB1033 HFLR Page 8
368		-	BOLD FACE denotes Committee Amendments. 1
	360	+	Req. No. 5229 Page 8 1
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393		-	adoption petition. In the event an adoption petition is later filed
394		-	in the same county, the adoption p etition shall be filed as an
395		-	amended petition within the same case in which payment for expenses
396		-	was approved and no additional court costs s hall be required. In
397		-	the event a petition for preadoption termination of parental rights
398		-	is later filed in the sam e county, the court clerk shall not assess
399		-	an additional filing fee and may use the sam e case number as for the
400		-	petition for adoption.
401	385		6. Any order authorizing payment shall be attached to a
402	386		petition for adoption. If no adoption petition is filed, the co urt
403	387		shall retain jurisdiction to enter any orders deemed appropriate
404	388		regarding the reimbursement of costs and expenses paid. If the
405	389		child is placed for adoption outside the State of Oklahoma, any such
406	390		order shall be submitted to the Interstate Compact of the Placement
407	391		of Children and to the court in the other state where the petition
408	392		for adoption is to be filed.
409	393		E. 1. In addition to the adop tive family affidavit requir ement
410	394		of subsection A of this section, a Disclosure Statement of Adoption -
411	395		related Costs and Expenditures shall be prepared in writing by the
412	396		person, attorney or child -placing agency in a direct-placement
413	397		adoption. The Disclosur e Statement of Adoption -related Costs and
414	398		Expenditures shall include a declaration of all fees, expenses, and
415	399		costs charged or expected to be charged for the adoption including,
416	400		but not limited to, the following:
	401	+	a. retainer fees, the hourly rate, and the number of
	402	+	hours billed for the adoption,
	403	+	b. any fee charged for preplacement or other home studies
	404	+	of any prospective birth parents, regardless of
	405	+	whether the home study was performed by an outside
	406	+	agency,
	407	+	c. any costs, fees or expenses or any other thing of
	408	+	value paid to or on behal f of the birth parents
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418		-	HB1033 HFLR Page 9
419		-	BOLD FACE denotes Committee Amendments. 1
	410	+	Req. No. 5229 Page 9 1
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444		-	a. retainer fees, the hourly rate, and the number of
445		-	hours billed for the adoption,
446		-	b. any fee charged for preplacement or other home studies
447		-	of any prospective birth parents, regardless of
448		-	whether the home study was performed by an outside
449		-	agency,
450		-	c. any costs, fees or expenses or any other thing of
451		-	value paid to or on behal f of the birth parents
452	435		related to the adoption of a minor by any party other
453	436		than the adoptive parents, and
454	437		d. any other fees and expenses related to the adoption
455	438		not otherwise specifically listed in this section.
456	439		2. The Disclosure Statement of Adoption -related Costs and
457	440		Expenditures containing true and accurate information shall be filed
458	441		before or when the final decree of adoption is ordered in each
459	442		adoption of a minor in th is state. A statutory Disclosure Statement
460	443		of Adoption-related Costs and Expendit ures is provided in Section 2
461	444		of this act. A copy of the statement shall be a public r ecord to be
462	445		compiled and maintained by the court clerk and available for public
463	446		inspection; provided, that any information identifying the pe rson,
464	447		attorney or child-placing agency in the direct adoption shall be
465	448		redacted from the document prior to filing w ith the court clerk and
466	449		shall not be made public. In addition, the identity of the chi ld,
467	450		the adoptive parents, and the birth parents shall be redacted from
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469		-	HB1033 HFLR Page 10
470		-	BOLD FACE denotes Committee Amendments. 1
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495	451		the document prior to filing with the court clerk and shall not be
496	452		made public.
497	453		SECTION 2. This act shall become effective November 1, 2023.
498	454
499		-	COMMITTEE REPORT BY: COMMITTEE O N JUDICIARY - CIVIL, dated
500		-	02/23/2023 - DO PASS.
	455	+	59-1-5229 CMA 12/28/22