Oklahoma 2023 Regular Session

Oklahoma House Bill HB1630 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 1630 By: Goodwin
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38	38	AS INTRODUCED
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40	40	An Act relating to children; amending 10A O.S. 20 21,
41	41	Section 1-9-122, which relates to Department of Human
42	42	Services guardianship programs; requir ing certain
43	43	information be provided to individuals upon contact
44	44	with the Department of Human Services; re quiring that
45	45	a signature be obtained; providing that information
46	46	sheet is not a binding agreement; and providing an
47	47	effective date.
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	53	SECTION 1. AMENDATORY 10A O.S. 20 21, Section 1-9-122, is
54	54	amended to read as follows:
55	55	Section 1-9-122. A. The Department of Human Services shall
56	56	establish and administer an ongoing program o f supported
57	57	guardianship to assist families wishing to make a long -term
58	58	commitment to a child by acceptin g guardianship of the child. The
59	59	supported guardianship program shall enable the family to assume the
60	60	parental role without ongoing Department oversig ht but allow the
61	61	family to return to the Department for services a s needed.
62	62	B. At the time when the Depa rtment initially makes contact with
63	63	or is contacted by a family member or other individual regarding
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90	90	taking a potential guardianship of a child who was the subject of a
91	91	referral to the Department regarding allegations of abuse or
92	92	neglect, the Department sh all provide the family member or other
93	93	individual with information regarding foster care, safety plans,
94	94	kinship foster placements, foster placements , and guardianships.
95	95	This information shall include but not be limite d to:
96	96	1. Information regarding potent ial options for taking custody
97	97	of a child such as foster placement or kinship foster placement,
98	98	including information that relatives can be foster plac ements if
99	99	able to meet requisite qualifications under the law;
100	100	2. Information regarding potential resour ces and assistance,
101	101	whether monetary or in services, that would be available to the
102	102	child and family member or other individual as either a kinship
103	103	foster placement, foster placement, safety plan monitor , or
104	104	guardian, including disclosures that guardianshi p placements receive
105	105	less financial assistance than foster placements; and
106	106	3. Information regarding the family member or other
107	107	individual's duties and responsibilities to the parents of the child
108	108	as either a guardian, kinship foster placement, foster plac ement, or
109	109	safety plan monitor.
110	110	C. The Department shall obtain a signed and dated information
111	111	sheet from the relative or individual stating that the in formation
112	112	required by subsection B of this section was provided in wr iting,
113	113	explained verbally, and that he or she understood the information.
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140	140	The information sheet shall also be signed and dated by personnel
141	141	from the Department stating that the informati on sheet was provided
142	142	to the relative or other individual and that th e information was
143	143	explained verbally. A copy of the information sheet may be kept by
144	144	the family member or other individual. In the event that the
145	145	individual declines to be provided the information sheet, Department
146	146	personnel shall have the individual sig n and date the information
147	147	sheet and indicate that he or she does not wish to be provided the
148	148	information sheet. The Department shall also make the information
149	149	sheet available online and the information sheet may be signed
150	150	electronically. The signed info rmation sheet shall be filed along
151	151	with any guardianship petition that is subsequently filed regarding
152	152	the same child or children.
153	153	D. The information sheet shall be for informational pur poses
154	154	only. The signed information sheet shall not constitute a bind ing
155	155	agreement between the individual and the Department. The
156	156	information sheet does not confer any additional duties or
157	157	obligations to the Department other than those already prescribed by
158	158	law, nor does it guarantee placement. Further, the information
159	159	sheet does not constitute legal advice .
160	160	SECTION 2. This act shall become effective November 1, 202 3.
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162	162	59-1-6830 CMA 12/20/22