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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1778 By: Williams
AS INTRODUCED
An Act relating to children; amending 10A O.S. 2021,
Sections 1-4-306, as amended by Section 1, Chapter
34. O.S.L. 2022 (10A O.S . Supp. 2022, Section 1-4-
306), 1-4-502, 1-4-704, and 1-4-811, which relate to
the Oklahoma Children 's Code; requiring court to make
finding; providing procedur es to demand jury trial;
providing that jury tr ial is waived in certain
circumstances; requiring permanency hearing
procedures; providing factors the co urt shall take
into consideration; providing that certain factors
exist for reunification ; amending 12 O.S. 2021,
Section 591, which relates to jury trials; providing
when jury trial may be waived; and provi ding an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -4-306, as
amended by Section 1, C hapter 34, O.S.L. 2022 (10A O.S. Supp. 2022,
Section 1-4-306) is amended to read as follows:
Section 1-4-306.
A. 1. a. If a parent or legal guardian of the child requests an
attorney and is found to be indigent, counsel may be
appointed by the court at the emergency cu stody
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hearing and shall be appointed if a pe tition has been
filed alleging that the child is a deprived child;
provided, that the court may ap point counsel withou t
such request if it deems representation by counsel
necessary to protect the interest of the parent, legal
guardian, or custodian.
b. The court shall not be required to appoint an attorn ey
for any person other than a parent or legal guardian
of the child pursuant to the provisions of this
paragraph.
2. a. The court may appoint an attorney or a g uardian ad
litem for the child when an emergen cy custody hearing
is held; provided, that when a petition is filed
alleging the child to be dep rived, the court shall
appoint a separate attorney for the child, who shall
not be a district attorney, regardless of any
attempted waiver by the parent, legal guardian or
custodian of the child of the right o f the child to be
represented by counsel. The child's attorney shall be
independent of and not selected by the district
attorney, the child's parent, legal guar dian, or
custodian. If financially capable, t he parent, legal
guardian or custodian shall reim burse the Court Fund
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for the services of a cour t-appointed attorney f or the
child.
b. The attorney appointed for the child shall make
arrangements to meet with t he child as soon as
possible after receiving n otification of the
appointment. Except for good cause shown, the
attorney shall meet with the c hild prior to any
hearing in such proceeding. The attorney may speak
with the child over the telephone if a perso nal visit
is not possible due to exigent circu mstances. If a
meaningful attorney-client relationship between the
child and the attorney is pr ohibited due to age or
disability of the child, the attorney shall contact
the custodian or caretaker of the child prior to the
hearing.
c. The attorney shall r epresent the child and any
expressed interests of the child. To the extent that
a child is unable to express an inter est, either
because the child is preverbal, very young or for any
reason is incapable of jud gment and meaningful
communication, the attorn ey shall substitute his or
her judgment for that of the child and formulate and
present a position which serves the be st interests of
the child. Such formulation must be accomplished
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through the use of objecti ve criteria rather than
solely the life experi ence or instinct of the
attorney. The objective criteria shall include, but
not be limited to:
(1) a determination of the circumstances of the child
through a full and efficient investigation,
(2) assessment of the child at the moment of the
determination,
(3) examination of all options in light of the
permanency plans available to the child, and
(4) utilization of medic al, mental health and
educational professionals, social workers and
other related experts.
The attorney shall make such further inquiry as the attorney
deems necessary to a scertain the facts, to interview witnesses,
examine and cross-examine witnesses, make recommend ations to the
court and participate further in the proceedings to the degree
appropriate for adequately representing the intere sts of the child.
A child is a party to all deprived proceedings and is therefore able
to participate as fully as the parents an d the district attorney in
all aspects of the proceedings including, but not limi ted to, voir
dire, cross-examination, the subp oena of witnesses, and opening and
closing statements.
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3. At each hearing, the court shall make a finding whether the
attorney appointed for the child has comp lied with the requirements
of paragraph 2 of th is subsection and record the finding in the
uniform order described in Section 1-4-503 of this title.
3. 4. The attorney shall be allowed a reasonable fee for such
services as determined by the court.
4. 5. When an attorney is required to travel to more than on e
district court location in order to repr esent a parent, a child, or
children whom the att orney has been court-appointed to represent,
the court may in its discretion all ow the attorney a reasonable
reimbursement for mileage.
5. 6. The court shall ensure that the chil d is represented by
independent counsel throughout the pendency of the depriv ed action.
B. 1. After a petition is filed, the court shall appoint a
guardian ad litem upon the request of the child or the attorney of
the child, and may appoint a guardian ad litem sua sponte or upon
the request of the Department of Human Services, a licensed child-
placing agency, or another party to the action.
2. A guardian ad litem shall not be a district attorney, an
employee of the office of the district attorney, the ch ild's
attorney, an employee of the court, an employee of a juvenile
bureau, or an employee of any public agency having duties or
responsibilities towards the child.
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3. The guardian ad litem shall be appointed to objectively
advocate on behalf of the child and act as an officer of th e court
to investigate all matters concerning the best interests of the
child. In addition to other duties required by the court and as
specified by the court, a guardian ad litem shall have the following
responsibilities:
a. review documents, reports, re cords and other
information relevant to the case, meet with and
observe the child in appropriate settings, including
the child's current placement, and interview parents,
foster parents, health care providers, child
protective services workers and any othe r person with
knowledge relevant to the case,
b. advocate for the best interests of the child by
participating in the case, atten ding any hearings in
the matter and advocating for appropriate services for
the child when necessar y,
c. monitor the best inter ests of the child throughout any
judicial proceeding, and
d. present written reports on the best interests of the
child that include conclusions and recommendations and
the facts upon which they are based.
4. The guardian ad li tem shall be given access to the court
files and agency files and access to a ll documents, reports, records
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and other information relevant to the case and to any records and
reports of examination of the child 's parent or other custodian,
made pursuant to the laws relating to child a buse and neglect
including reports generated by s ervice providers.
5. The Oklahoma Bar Association shall develop a standard
operating manual for guardians ad litem which shall include, but not
be limited to, legal obligations a nd responsibilities, informa tion
concerning child abuse, child development, d omestic abuse, sexual
abuse, and parent and child behavioral health and manageme nt
including best practices. After publication of the manual, all
guardians ad litem shall certify to the court in which he or she is
appointed as a guardian ad litem that the manual has been read and
all provisions contained therein are understood. The guardian ad
litem shall also certify that he or she agrees to follow the best
practices described w ithin the standard operating manual. The
Administrative Office of the Courts shall provide public access to
the standard operating manual by providing a lin k to the manual on
the Oklahoma State Courts Network (OSCN) website.
C. 1. Whenever a court -appointed special advocate progra m is
available to the court to serve as a guardia n ad litem, priority may
be given to appointment of the court -appointed special advocate to
serve as guardian ad litem for the child regardless of whether a
guardian ad litem has been requested pursuant to t he provisions of
this subsection.
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2. For purposes of the Oklahoma Children's Code, a "court-
appointed special advocate " and a "guardian ad litem" shall have the
same function except as otherwise provided by law. In like manner ,
a court-appointed special advocate, except as specifically otherwise
provided by law or by the court, shall have the same power, duties,
and responsibilities as assigned to a guardian ad litem by law and
shall have such other qualifications, duties, and responsibilities
as may be prescribed by rule by the Supreme Court.
3. A court-appointed special advocate shall serve without
compensation.
SECTION 2. AMENDATORY 10A O.S. 2021, Section 1 -4-502, is
amended to read as follows:
Section 1-4-502. A. A parent entitled to service of summons,
the state or a child shall have the right to demand a trial by jury
on the sole issue of terminati on of parental rights only in the
following circumstances:
1. When the initial petit ion to determine if a child is
deprived also contains a request for termination of parental rights
in which case the court shall determine if the child should be
adjudicated deprived and, if so, the jury shall determine if
parental rights should be termina ted; or
2. When, following a hearing in w hich the child is adjudicated
deprived, a request for termination of parental rights is filed by
the state or the child.
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B. The demand for a jury trial shall be grant ed unless waived,
or the court on its own motio n may call a jury to try any
termination of parental rights case . The demand shall be in w riting
and filed with the court no later than fifteen (15) days after being
served the notice described in subsection A of Section 1-4-905 of
this title. Such jury shall consist of six (6) persons. A party
who requests a jury trial and fails to file a written jury demand
within the prescribed time o r who fails to appear in person for such
trial, after proper notice and without good cause , may shall be
deemed by the court to have waived the right to such jur y trial, and
the termination of parental rights s hall be by nonjury trial unless
another party demands a jury trial or the court determines on its
own motion to try the case to a jury.
SECTION 3. AMENDATORY 10A O.S. 2021, Section 1-4-704, is
amended to read as follows:
Section 1-4-704. A. The Department of Human Services or
licensed child-placing agency shall prepare and maintain a written
individualized service plan for any child that has been adjudicated
to be a deprived child.
B. The plan shall be furnished to the court wit hin thirty (30)
days after the adjudi cation of the child and shall be made available
to counsel for the parties and a ny applicable tribe by the
Department or the licensed child -placing agency having custody of
the child or responsibility for the supervisio n of the case.
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C. 1. The individual ized service plan shall be based upon a
comprehensive assessment and evaluation of the child and family and
shall be developed with the participation of the parent, legal
guardian, or legal custodian of the child, the a ttorney for the
child, the guardian a d litem for the child, if any, the child's
tribe, and the child, if appropriate. The health and safety of the
child shall be the paramount concern in the development of the plan.
2. If any part of the plan is disputed or not approved by the
court, an evidentiary hearing may be held and at its conclusion, the
court shall determine th e content of the individualized service plan
in accord with the evidence presented and the best interests of the
child.
3. When approved by the court, each individualized serv ice plan
shall be incorporated and made a part of the dispositional order of
the court.
4. The plan shall be signed by:
a. the parent or parents or legal guardian of the child,
b. the attorney for the parent or parents or legal
guardian of the child,
c. the child's attorney,
d. the guardian ad litem of the child, which may be a
court-appointed special advocate,
e. a representative of the child 's tribe,
f. the child, if possible, and
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g. the Department or other responsibl e agency.
D. 1. Every service plan prepared shall be individualized and
specific to each child and the family of th e child and shall require
consideration of each child 's and family's circumstances, including,
but not limited to, the parent 's work schedule, mode of
transportation, and dista nce from the parent's place of living and
place of work to service providers.
2. The individualized service plan shall be written in simple
and clear English. If Englis h is not the principal language of the
parent, legal guardian, or custodian of the chi ld, and such person
is unable to read or comprehend the English language, to th e extent
possible the plan shall be written in the principal language of the
person.
3. The individualized service plan may be modified bas ed on
changing circumstances consiste nt with the correction of the
conditions that led to the adjudication of the ch ild or other
conditions inconsistent with the health, safety, or welfare of the
child.
4. The individualized service plan shall be measurab le,
realistic and consistent with the requirements of other court
orders.
E. The individualized service plan shall include, but not be
limited to:
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1. A history of the child and family, including identifica tion
of the problems or conditions leading to the deprived child
adjudication and the changes the parent or parents must make in
order for the child to safely remain in or return to the home;
2. Identification of time -limited reunification services to be
provided to the parent, legal guardian, or legal custodian,
stepparent, other adult pe rson living in the home, or other family
members;
3. Identification of the spe cific services to be provided to
the child including, but not limited to, educational, voca tional
educational, medical, drug or alcohol abuse treatment, or counseling
or other treatment services. The most recent available health and
educational records of the child shall be provided to the court upon
the court's request including:
a. the names and addresses of the child's health and
educational providers,
b. the child's grade-level performance,
c. the child's school record,
d. a record of the child 's immunizations,
e. the child's known medical problems, including any
known communicable diseases,
f. the child's medications, and
g. any other relevant health and education informatio n;
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4. A schedule of the frequency of services and the means by
which delivery of the services will be assured or, as necessary, the
proposed means by which support servi ces or other assistance will be
provided to enable the parent or the child to obtain t he services;
5. The name of the social worker assigned to the case;
6. A projected date for the completion of the individualized
service plan;
7. Performance criteria that will measure the progress of the
child and family toward completion of the indivi dualized service
plan including, but not limited to, time frames for achieving
objectives and addressing the identified problems;
8. The name and business address of the attorney representing
the child;
9. If the child is placed outside the home, the ind ividualized
service plan shall further provide:
a. the sequence and time frame for services to be
provided to the parent, the child, and if the child is
placed in foster care, the foster parent, to
facilitate the child's return home or to another
permanent placement,
b. a description of the child 's placement and explanation
about whether it is the least-restrictive placement
available and in as close proximity as possible to the
home of the parent or parents or legal guardian of the
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child when the case plan is reunification, and how the
placement is consistent with the best interests and
special needs of the child,
c. a description of any services or resources that were
requested by the child or the parent or legal guardian
of the child since the date of the child's placement,
and whether those services or resources were provided
and if not, the basis for the denial of the services
or resources,
d. efforts to be made by the parent of the child and the
Department to enable the child to return to his or her
home,
e. a description of the transition planning for a
successful adulthood for a child age fourteen (14) or
older that includes how the following objectives will
be met:
(1) education, vocational, or employment planning,
(2) health care planning and medical coverage,
(3) transportation including, where appropriate,
assisting the child in obtaining a driver
license,
(4) money management,
(5) planning for housing,
(6) social and recreational skills, and
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(7) establishing and maintaining connections with the
child's family and community,
f. for a child in placement due solely or in part to the
child's behavioral health or medical health issues,
diagnostic and assessment informat ion, specific
services relating to meeting the applicable behavioral
health and medical care needs of the child, and
desired treatment outcomes,
g. a plan and schedule for regular and frequent
visitation for the child and the child 's parent or
parents or legal guardian and siblings, unless the
court has determined that visitation, even if
supervised, would be harmful to the child, and
h. a plan for ensuring the educat ional stability of the
child while in out-of-home placement, including:
(1) assurances that the placement of the child
considers the appropriateness of the current
educational setting and the proximity to the
school in which the child was enrolled at the
time of placement, and
(2) where appropriate, an assurance that the
Department has coordinat ed with appropriate local
educational agencies to ensure that the child
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remains in the school in which the child was
enrolled at the time of placement, or
(3) if remaining in the school in which the child was
enrolled at the time of placement is not in the
best interests of the child, assurances by the
Department and the local educational a gencies to
provide immediate and appropriate enrollment in a
new school with all of the educational records of
the child provided to the school; and
10. The permanency p lan for the child, the reason for selection
of that plan and a description of the step s being taken by the
Department to finalize the plan.
a. When the permanency pl an is adoption or legal
guardianship, the Department shall describe, at a
minimum, child-specific recruitment efforts such as
relative searches conducted and the use of state,
regional, and national adoption exchanges to
facilitate the orderly and timely p lacement of the
child, whether in or outside of the state.
b. When the child is age fourtee n (14) or older, the
permanency plan and any revision or addition to the
plan, shall include planning for the transition of the
child to a successful adulthood.
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F. Each individualized service plan shall specifically provide
for the safety of the child, in accordance with state and federal
law, and clearly define what actions or precautions will, or may, be
necessary to provide for the safety and protection of the chi ld.
G. The individualized service plan shall include the following
statement:
TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. ITS PURPOSE
IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE HOME WITHIN THE
REASONABLE PERIOD SPECIFIED IN THE PLAN. IF YOU AR E UNWILLING OR
UNABLE TO PROVIDE YOUR CHILD WITH A SAFE HOME OR ATTEND COURT
HEARINGS, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE
RESTRICTED OR TERMINATED OR YOUR CHIL D MAY NOT BE RETURNED TO YOU.
H. Whenever a child who is subject to the provis ions of this
section is committed for inpatient behavioral health or substance
abuse treatment pursuant to the Inpatient Mental Health and
Substance Abuse Treatment of Minors Ac t, the individualized service
plan shall be amended as necessary and appropriat e, including, but
not limited to, identification of the treatment and services to be
provided to the child and the child's family upon discharge of the
child from inpatient beha vioral health or substance abuse treatment.
SECTION 4. AMENDATORY 10A-1-4-811. is amended to read
as follows:
10A-1-4-811. A. 1. The court shall conduct a permanency
hearing to determine th e appropriate permanency goal for the child
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and to order completion of all steps necessary to finalize the
permanent plan. The hearing sha ll be held no later than:
a. six (6) months after placing the child in out-of-home
placement and every six (6) months thereafter, and
b. thirty (30) days after a determination by the court
that reasonable efforts to return a child to either
parent are not required pursuant to the provisions of
Section 1-4-809 of this title.
2. A child shall be considered to have entered out-of-home
placement on the earlier of:
a. the adjudication date, or
b. the date that is sixty (60) days after the date on
which the child is removed from the home.
3. Subsequent permanency hearings shall be held at least every
six (6) months for any child who continues to be in an out-of-home
placement. At the request of a party, the Department of Human
Services, or on the motion of the court, the initial and subsequent
permanency hearings may be held more frequently. If the child's
permanency goal is adoption, the court shall hold a permanency
hearing within thirty (30) days of a scheduled trial to terminate
parental rights, if a party requests such hearing, to determine
whether adoption is still the appropriate permanency goal.
4. At each permanency hearing, the court may consider te stimony
of any person who has relevant information about the status of the
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child or the status of the treatment plan . All parties shall have
the opportunity to present evi dence and to cross-examine witnesses.
The rules of evidence shall not apply to perm anency hearings and all
evidence helpful in determining the proper permanency goal shall be
considered including, bu t not limited to, oral and written reports,
which may be admitted and may be relied upon to the extent of their
probative value, even though not competent for the purposes of the
adjudicatory hearing.
5. The permanency plan for the child in transition to a
successful adulthood shall be developed in consultatio n with the
child and, at the option of the child, with up to two members of the
permanency planning team to be chosen by the child, excluding the
foster parent and caseworker for the child, subject to the following
provisions:
a. one individual selected by the child may be designated
to be the advisor an d, as necessary, advocate of the
child, with respect to the application of the
reasonable and prudent parent standard to the child,
and
b. the Department of Human Services may reject an
individual selected b y the child to be a member of the
permanency planning team at any time if the Depart ment
has good cause to believe that the selected individual
would not act in the best interests of the child.
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B. A permanency hearing may be held concurrently with a
dispositional or review hearing.
C. If a foster paren t, preadoptive parent, or relative is
currently providing care for a child, the Department shall give the
foster parent, preadoptive parent, or relativ e notice of a
proceeding concerning the child. A foster parent, preadoptive
parent, or relative providin g care for a child has the right to be
heard at the proceeding. Except when allowed to intervene, the
foster parent, preadoptive parent, or relative p roviding care for
the child is not considered a party to the juvenile court proceeding
solely because of notice and the right to be heard at the
proceeding.
D. At the hearing, the court shall determine or review the
continued appropriateness of the perman ency plan of the child and
whether a change in the plan is necessary, the date by which the
goal of permanency for the child is scheduled to be achieved, and
whether the current placement of the child continues to be the most
suitable for the health, safet y, and welfare of the child. The
court shall also, in a n age-appropriate manner, inquire or cause
inquiry to be made of the child regarding the proposed permanency
plan and if the child is age fourteen (14) or older, the planning
for the transition of the child to a successful adulthood.
E. A transcript shall be made of each permanency hearing or the
proceeding shall be memorialized by appropriate written findings of
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facts, and the court having considered all relevant information
shall order one of the fo llowing permanency plans for the child:
1. Reunification with the parent, parents, or legal guardian of
the child where:
a. reunification can be expected to occur within an
established time frame that is consistent with the
developmental needs of the child, and
b. the health and safety of the child can be adeq uately
safeguarded if returned home ;
2. Placement for adoption after the rights of the parents have
been terminated or after a petition has been filed to terminate
parental rights;
3. Placement with a person who will be the perman ent guardian
of the child and is able to adequately and appropriately s afeguard
the health, safety, and welfare of the child; or
4. a. Placement in the legal custody of the Department under
a planned alternative permanent pl acement, provided
the child is age sixteen (16) or older and there are
compelling reasons documented b y the Department and
presented to the court at each permanency hearing that
include the intensive, ongoing and, as of the date of
the hearing, unsuccessfu l efforts made to:
(1) return the child home, or
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(2) place the child with a fit and willing relative,
including adult siblings, a legal guardian, or an
adoptive parent, and
(3) find biological family members for the child
utilizing search technology, inclu ding social
media.
b. The Department shall also document at each permanency
hearing the steps taken, i ncluding inquiry of the
child in an age-appropriate manner, to ensure that:
(1) the foster family home of the child or facility
where the child is placed is following the
reasonable and prudent parent standard, and
(2) the child has regular, ongoing opport unities to
engage in age-appropriate or developmentally
appropriate activities.
c. When a planned alternative permanent placement is the
court-ordered permanency plan for the child, the court
shall at each permanency hearing:
(1) ask the child about the pe rmanency outcome the
child desires, and
(2) make a judicial determination, as of the date of
the hearing, why a planned alternative permanent
placement is the best permanency plan for th e
child and provide compelling reasons why it
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continues to not be in t he best interests of the
child to return home or be placed for adoption
with a legal guardian or with a fit and willing
relative, taking into consideration whether the
child has a close and positiv e relationship with
the parent.
F. In addition to the findings required under subsection E of
this section, the court shall also make written findings related to:
1. Whether the Department has made reasonable efforts to
finalize the permanency plan that is in effect for the child and a
summary of the efforts the Department has made; or, in the case of
an Indian child, whether the Department has made active efforts to
provide remedial services and rehabilitative programs as require d by
25 U.S.C., Section 1 912(d);
2. If the permanency plan is for th e child to remain in out-of-
home care, whether the child's out -of-home placement continues to be
appropriate and in the best interests of the child;
3. If the current placement is not ex pected to be permanent,
the court's projected timetable for return ho me or for placement in
an adoptive home with a guardian, or another planned permanent
living arrangement; and
4. Whether reasonable efforts, in accordance with the safety or
well-being of any child, have been ma de to:
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a. place siblings, who have been remo ved, together in the
same foster care, guardianship, or adoptive placement,
and
b. provide for frequent visitation or other ongoing
interaction in the case of siblings who have been
removed and who are not placed together.
G. The court may make appropriat e orders to ensure timely
implementation of the permanency plan and shall order the plan to be
accomplished within a specified period of time.
SECTION 5. AMENDATORY 12 O.S. 2021, Section 5 91, is
amended to read as follows:
Section 591. The trial by jury may be waived by the parties, in
actions arising on contract, and with the assen t of the court in
other actions, in the following manner: By the consent of the party
appearing, when the ot her party fails to appear at the trial by
himself or attorney. By written consent, in person or by attorney,
filed with the clerk. By oral consen t, in open court, entered on
the journal. By failure to request in writing a jury trial within
the time period set forth by applicable statute .
SECTION 6. This act shall become effective November 1, 2023.
59-1-5061 CMA 01/02/23