OK
Oklahoma House Bill HB1778

Oklahoma 2023 Regular Session

Oklahoma House Bill HB1778 Compare Versions

Only one version of the bill is available at this time.
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2828 STATE OF OKLAHOMA
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3030 1st Session of the 59th Legislature (2023)
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3232 HOUSE BILL 1778 By: Williams
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3838 AS INTRODUCED
3939
4040 An Act relating to children; amending 10A O.S. 2021,
4141 Sections 1-4-306, as amended by Section 1, Chapter
4242 34. O.S.L. 2022 (10A O.S . Supp. 2022, Section 1-4-
4343 306), 1-4-502, 1-4-704, and 1-4-811, which relate to
4444 the Oklahoma Children 's Code; requiring court to make
4545 finding; providing procedur es to demand jury trial;
4646 providing that jury tr ial is waived in certain
4747 circumstances; requiring permanency hearing
4848 procedures; providing factors the co urt shall take
4949 into consideration; providing that certain factors
5050 exist for reunification ; amending 12 O.S. 2021,
5151 Section 591, which relates to jury trials; providing
5252 when jury trial may be waived; and provi ding an
5353 effective date.
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6060 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6161 SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -4-306, as
6262 amended by Section 1, C hapter 34, O.S.L. 2022 (10A O.S. Supp. 2022,
6363 Section 1-4-306) is amended to read as follows:
6464 Section 1-4-306.
6565 A. 1. a. If a parent or legal guardian of the child requests an
6666 attorney and is found to be indigent, counsel may be
6767 appointed by the court at the emergency cu stody
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9494 hearing and shall be appointed if a pe tition has been
9595 filed alleging that the child is a deprived child;
9696 provided, that the court may ap point counsel withou t
9797 such request if it deems representation by counsel
9898 necessary to protect the interest of the parent, legal
9999 guardian, or custodian.
100100 b. The court shall not be required to appoint an attorn ey
101101 for any person other than a parent or legal guardian
102102 of the child pursuant to the provisions of this
103103 paragraph.
104104 2. a. The court may appoint an attorney or a g uardian ad
105105 litem for the child when an emergen cy custody hearing
106106 is held; provided, that when a petition is filed
107107 alleging the child to be dep rived, the court shall
108108 appoint a separate attorney for the child, who shall
109109 not be a district attorney, regardless of any
110110 attempted waiver by the parent, legal guardian or
111111 custodian of the child of the right o f the child to be
112112 represented by counsel. The child's attorney shall be
113113 independent of and not selected by the district
114114 attorney, the child's parent, legal guar dian, or
115115 custodian. If financially capable, t he parent, legal
116116 guardian or custodian shall reim burse the Court Fund
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143143 for the services of a cour t-appointed attorney f or the
144144 child.
145145 b. The attorney appointed for the child shall make
146146 arrangements to meet with t he child as soon as
147147 possible after receiving n otification of the
148148 appointment. Except for good cause shown, the
149149 attorney shall meet with the c hild prior to any
150150 hearing in such proceeding. The attorney may speak
151151 with the child over the telephone if a perso nal visit
152152 is not possible due to exigent circu mstances. If a
153153 meaningful attorney-client relationship between the
154154 child and the attorney is pr ohibited due to age or
155155 disability of the child, the attorney shall contact
156156 the custodian or caretaker of the child prior to the
157157 hearing.
158158 c. The attorney shall r epresent the child and any
159159 expressed interests of the child. To the extent that
160160 a child is unable to express an inter est, either
161161 because the child is preverbal, very young or for any
162162 reason is incapable of jud gment and meaningful
163163 communication, the attorn ey shall substitute his or
164164 her judgment for that of the child and formulate and
165165 present a position which serves the be st interests of
166166 the child. Such formulation must be accomplished
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193193 through the use of objecti ve criteria rather than
194194 solely the life experi ence or instinct of the
195195 attorney. The objective criteria shall include, but
196196 not be limited to:
197197 (1) a determination of the circumstances of the child
198198 through a full and efficient investigation,
199199 (2) assessment of the child at the moment of the
200200 determination,
201201 (3) examination of all options in light of the
202202 permanency plans available to the child, and
203203 (4) utilization of medic al, mental health and
204204 educational professionals, social workers and
205205 other related experts.
206206 The attorney shall make such further inquiry as the attorney
207207 deems necessary to a scertain the facts, to interview witnesses,
208208 examine and cross-examine witnesses, make recommend ations to the
209209 court and participate further in the proceedings to the degree
210210 appropriate for adequately representing the intere sts of the child.
211211 A child is a party to all deprived proceedings and is therefore able
212212 to participate as fully as the parents an d the district attorney in
213213 all aspects of the proceedings including, but not limi ted to, voir
214214 dire, cross-examination, the subp oena of witnesses, and opening and
215215 closing statements.
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242242 3. At each hearing, the court shall make a finding whether the
243243 attorney appointed for the child has comp lied with the requirements
244244 of paragraph 2 of th is subsection and record the finding in the
245245 uniform order described in Section 1-4-503 of this title.
246246 3. 4. The attorney shall be allowed a reasonable fee for such
247247 services as determined by the court.
248248 4. 5. When an attorney is required to travel to more than on e
249249 district court location in order to repr esent a parent, a child, or
250250 children whom the att orney has been court-appointed to represent,
251251 the court may in its discretion all ow the attorney a reasonable
252252 reimbursement for mileage.
253253 5. 6. The court shall ensure that the chil d is represented by
254254 independent counsel throughout the pendency of the depriv ed action.
255255 B. 1. After a petition is filed, the court shall appoint a
256256 guardian ad litem upon the request of the child or the attorney of
257257 the child, and may appoint a guardian ad litem sua sponte or upon
258258 the request of the Department of Human Services, a licensed child-
259259 placing agency, or another party to the action.
260260 2. A guardian ad litem shall not be a district attorney, an
261261 employee of the office of the district attorney, the ch ild's
262262 attorney, an employee of the court, an employee of a juvenile
263263 bureau, or an employee of any public agency having duties or
264264 responsibilities towards the child.
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291291 3. The guardian ad litem shall be appointed to objectively
292292 advocate on behalf of the child and act as an officer of th e court
293293 to investigate all matters concerning the best interests of the
294294 child. In addition to other duties required by the court and as
295295 specified by the court, a guardian ad litem shall have the following
296296 responsibilities:
297297 a. review documents, reports, re cords and other
298298 information relevant to the case, meet with and
299299 observe the child in appropriate settings, including
300300 the child's current placement, and interview parents,
301301 foster parents, health care providers, child
302302 protective services workers and any othe r person with
303303 knowledge relevant to the case,
304304 b. advocate for the best interests of the child by
305305 participating in the case, atten ding any hearings in
306306 the matter and advocating for appropriate services for
307307 the child when necessar y,
308308 c. monitor the best inter ests of the child throughout any
309309 judicial proceeding, and
310310 d. present written reports on the best interests of the
311311 child that include conclusions and recommendations and
312312 the facts upon which they are based.
313313 4. The guardian ad li tem shall be given access to the court
314314 files and agency files and access to a ll documents, reports, records
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341341 and other information relevant to the case and to any records and
342342 reports of examination of the child 's parent or other custodian,
343343 made pursuant to the laws relating to child a buse and neglect
344344 including reports generated by s ervice providers.
345345 5. The Oklahoma Bar Association shall develop a standard
346346 operating manual for guardians ad litem which shall include, but not
347347 be limited to, legal obligations a nd responsibilities, informa tion
348348 concerning child abuse, child development, d omestic abuse, sexual
349349 abuse, and parent and child behavioral health and manageme nt
350350 including best practices. After publication of the manual, all
351351 guardians ad litem shall certify to the court in which he or she is
352352 appointed as a guardian ad litem that the manual has been read and
353353 all provisions contained therein are understood. The guardian ad
354354 litem shall also certify that he or she agrees to follow the best
355355 practices described w ithin the standard operating manual. The
356356 Administrative Office of the Courts shall provide public access to
357357 the standard operating manual by providing a lin k to the manual on
358358 the Oklahoma State Courts Network (OSCN) website.
359359 C. 1. Whenever a court -appointed special advocate progra m is
360360 available to the court to serve as a guardia n ad litem, priority may
361361 be given to appointment of the court -appointed special advocate to
362362 serve as guardian ad litem for the child regardless of whether a
363363 guardian ad litem has been requested pursuant to t he provisions of
364364 this subsection.
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391391 2. For purposes of the Oklahoma Children's Code, a "court-
392392 appointed special advocate " and a "guardian ad litem" shall have the
393393 same function except as otherwise provided by law. In like manner ,
394394 a court-appointed special advocate, except as specifically otherwise
395395 provided by law or by the court, shall have the same power, duties,
396396 and responsibilities as assigned to a guardian ad litem by law and
397397 shall have such other qualifications, duties, and responsibilities
398398 as may be prescribed by rule by the Supreme Court.
399399 3. A court-appointed special advocate shall serve without
400400 compensation.
401401 SECTION 2. AMENDATORY 10A O.S. 2021, Section 1 -4-502, is
402402 amended to read as follows:
403403 Section 1-4-502. A. A parent entitled to service of summons,
404404 the state or a child shall have the right to demand a trial by jury
405405 on the sole issue of terminati on of parental rights only in the
406406 following circumstances:
407407 1. When the initial petit ion to determine if a child is
408408 deprived also contains a request for termination of parental rights
409409 in which case the court shall determine if the child should be
410410 adjudicated deprived and, if so, the jury shall determine if
411411 parental rights should be termina ted; or
412412 2. When, following a hearing in w hich the child is adjudicated
413413 deprived, a request for termination of parental rights is filed by
414414 the state or the child.
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441441 B. The demand for a jury trial shall be grant ed unless waived,
442442 or the court on its own motio n may call a jury to try any
443443 termination of parental rights case . The demand shall be in w riting
444444 and filed with the court no later than fifteen (15) days after being
445445 served the notice described in subsection A of Section 1-4-905 of
446446 this title. Such jury shall consist of six (6) persons. A party
447447 who requests a jury trial and fails to file a written jury demand
448448 within the prescribed time o r who fails to appear in person for such
449449 trial, after proper notice and without good cause , may shall be
450450 deemed by the court to have waived the right to such jur y trial, and
451451 the termination of parental rights s hall be by nonjury trial unless
452452 another party demands a jury trial or the court determines on its
453453 own motion to try the case to a jury.
454454 SECTION 3. AMENDATORY 10A O.S. 2021, Section 1-4-704, is
455455 amended to read as follows:
456456 Section 1-4-704. A. The Department of Human Services or
457457 licensed child-placing agency shall prepare and maintain a written
458458 individualized service plan for any child that has been adjudicated
459459 to be a deprived child.
460460 B. The plan shall be furnished to the court wit hin thirty (30)
461461 days after the adjudi cation of the child and shall be made available
462462 to counsel for the parties and a ny applicable tribe by the
463463 Department or the licensed child -placing agency having custody of
464464 the child or responsibility for the supervisio n of the case.
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491491 C. 1. The individual ized service plan shall be based upon a
492492 comprehensive assessment and evaluation of the child and family and
493493 shall be developed with the participation of the parent, legal
494494 guardian, or legal custodian of the child, the a ttorney for the
495495 child, the guardian a d litem for the child, if any, the child's
496496 tribe, and the child, if appropriate. The health and safety of the
497497 child shall be the paramount concern in the development of the plan.
498498 2. If any part of the plan is disputed or not approved by the
499499 court, an evidentiary hearing may be held and at its conclusion, the
500500 court shall determine th e content of the individualized service plan
501501 in accord with the evidence presented and the best interests of the
502502 child.
503503 3. When approved by the court, each individualized serv ice plan
504504 shall be incorporated and made a part of the dispositional order of
505505 the court.
506506 4. The plan shall be signed by:
507507 a. the parent or parents or legal guardian of the child,
508508 b. the attorney for the parent or parents or legal
509509 guardian of the child,
510510 c. the child's attorney,
511511 d. the guardian ad litem of the child, which may be a
512512 court-appointed special advocate,
513513 e. a representative of the child 's tribe,
514514 f. the child, if possible, and
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541541 g. the Department or other responsibl e agency.
542542 D. 1. Every service plan prepared shall be individualized and
543543 specific to each child and the family of th e child and shall require
544544 consideration of each child 's and family's circumstances, including,
545545 but not limited to, the parent 's work schedule, mode of
546546 transportation, and dista nce from the parent's place of living and
547547 place of work to service providers.
548548 2. The individualized service plan shall be written in simple
549549 and clear English. If Englis h is not the principal language of the
550550 parent, legal guardian, or custodian of the chi ld, and such person
551551 is unable to read or comprehend the English language, to th e extent
552552 possible the plan shall be written in the principal language of the
553553 person.
554554 3. The individualized service plan may be modified bas ed on
555555 changing circumstances consiste nt with the correction of the
556556 conditions that led to the adjudication of the ch ild or other
557557 conditions inconsistent with the health, safety, or welfare of the
558558 child.
559559 4. The individualized service plan shall be measurab le,
560560 realistic and consistent with the requirements of other court
561561 orders.
562562 E. The individualized service plan shall include, but not be
563563 limited to:
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590590 1. A history of the child and family, including identifica tion
591591 of the problems or conditions leading to the deprived child
592592 adjudication and the changes the parent or parents must make in
593593 order for the child to safely remain in or return to the home;
594594 2. Identification of time -limited reunification services to be
595595 provided to the parent, legal guardian, or legal custodian,
596596 stepparent, other adult pe rson living in the home, or other family
597597 members;
598598 3. Identification of the spe cific services to be provided to
599599 the child including, but not limited to, educational, voca tional
600600 educational, medical, drug or alcohol abuse treatment, or counseling
601601 or other treatment services. The most recent available health and
602602 educational records of the child shall be provided to the court upon
603603 the court's request including:
604604 a. the names and addresses of the child's health and
605605 educational providers,
606606 b. the child's grade-level performance,
607607 c. the child's school record,
608608 d. a record of the child 's immunizations,
609609 e. the child's known medical problems, including any
610610 known communicable diseases,
611611 f. the child's medications, and
612612 g. any other relevant health and education informatio n;
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639639 4. A schedule of the frequency of services and the means by
640640 which delivery of the services will be assured or, as necessary, the
641641 proposed means by which support servi ces or other assistance will be
642642 provided to enable the parent or the child to obtain t he services;
643643 5. The name of the social worker assigned to the case;
644644 6. A projected date for the completion of the individualized
645645 service plan;
646646 7. Performance criteria that will measure the progress of the
647647 child and family toward completion of the indivi dualized service
648648 plan including, but not limited to, time frames for achieving
649649 objectives and addressing the identified problems;
650650 8. The name and business address of the attorney representing
651651 the child;
652652 9. If the child is placed outside the home, the ind ividualized
653653 service plan shall further provide:
654654 a. the sequence and time frame for services to be
655655 provided to the parent, the child, and if the child is
656656 placed in foster care, the foster parent, to
657657 facilitate the child's return home or to another
658658 permanent placement,
659659 b. a description of the child 's placement and explanation
660660 about whether it is the least-restrictive placement
661661 available and in as close proximity as possible to the
662662 home of the parent or parents or legal guardian of the
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689689 child when the case plan is reunification, and how the
690690 placement is consistent with the best interests and
691691 special needs of the child,
692692 c. a description of any services or resources that were
693693 requested by the child or the parent or legal guardian
694694 of the child since the date of the child's placement,
695695 and whether those services or resources were provided
696696 and if not, the basis for the denial of the services
697697 or resources,
698698 d. efforts to be made by the parent of the child and the
699699 Department to enable the child to return to his or her
700700 home,
701701 e. a description of the transition planning for a
702702 successful adulthood for a child age fourteen (14) or
703703 older that includes how the following objectives will
704704 be met:
705705 (1) education, vocational, or employment planning,
706706 (2) health care planning and medical coverage,
707707 (3) transportation including, where appropriate,
708708 assisting the child in obtaining a driver
709709 license,
710710 (4) money management,
711711 (5) planning for housing,
712712 (6) social and recreational skills, and
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739739 (7) establishing and maintaining connections with the
740740 child's family and community,
741741 f. for a child in placement due solely or in part to the
742742 child's behavioral health or medical health issues,
743743 diagnostic and assessment informat ion, specific
744744 services relating to meeting the applicable behavioral
745745 health and medical care needs of the child, and
746746 desired treatment outcomes,
747747 g. a plan and schedule for regular and frequent
748748 visitation for the child and the child 's parent or
749749 parents or legal guardian and siblings, unless the
750750 court has determined that visitation, even if
751751 supervised, would be harmful to the child, and
752752 h. a plan for ensuring the educat ional stability of the
753753 child while in out-of-home placement, including:
754754 (1) assurances that the placement of the child
755755 considers the appropriateness of the current
756756 educational setting and the proximity to the
757757 school in which the child was enrolled at the
758758 time of placement, and
759759 (2) where appropriate, an assurance that the
760760 Department has coordinat ed with appropriate local
761761 educational agencies to ensure that the child
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788788 remains in the school in which the child was
789789 enrolled at the time of placement, or
790790 (3) if remaining in the school in which the child was
791791 enrolled at the time of placement is not in the
792792 best interests of the child, assurances by the
793793 Department and the local educational a gencies to
794794 provide immediate and appropriate enrollment in a
795795 new school with all of the educational records of
796796 the child provided to the school; and
797797 10. The permanency p lan for the child, the reason for selection
798798 of that plan and a description of the step s being taken by the
799799 Department to finalize the plan.
800800 a. When the permanency pl an is adoption or legal
801801 guardianship, the Department shall describe, at a
802802 minimum, child-specific recruitment efforts such as
803803 relative searches conducted and the use of state,
804804 regional, and national adoption exchanges to
805805 facilitate the orderly and timely p lacement of the
806806 child, whether in or outside of the state.
807807 b. When the child is age fourtee n (14) or older, the
808808 permanency plan and any revision or addition to the
809809 plan, shall include planning for the transition of the
810810 child to a successful adulthood.
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837837 F. Each individualized service plan shall specifically provide
838838 for the safety of the child, in accordance with state and federal
839839 law, and clearly define what actions or precautions will, or may, be
840840 necessary to provide for the safety and protection of the chi ld.
841841 G. The individualized service plan shall include the following
842842 statement:
843843 TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. ITS PURPOSE
844844 IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE HOME WITHIN THE
845845 REASONABLE PERIOD SPECIFIED IN THE PLAN. IF YOU AR E UNWILLING OR
846846 UNABLE TO PROVIDE YOUR CHILD WITH A SAFE HOME OR ATTEND COURT
847847 HEARINGS, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE
848848 RESTRICTED OR TERMINATED OR YOUR CHIL D MAY NOT BE RETURNED TO YOU.
849849 H. Whenever a child who is subject to the provis ions of this
850850 section is committed for inpatient behavioral health or substance
851851 abuse treatment pursuant to the Inpatient Mental Health and
852852 Substance Abuse Treatment of Minors Ac t, the individualized service
853853 plan shall be amended as necessary and appropriat e, including, but
854854 not limited to, identification of the treatment and services to be
855855 provided to the child and the child's family upon discharge of the
856856 child from inpatient beha vioral health or substance abuse treatment.
857857 SECTION 4. AMENDATORY 10A-1-4-811. is amended to read
858858 as follows:
859859 10A-1-4-811. A. 1. The court shall conduct a permanency
860860 hearing to determine th e appropriate permanency goal for the child
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887887 and to order completion of all steps necessary to finalize the
888888 permanent plan. The hearing sha ll be held no later than:
889889 a. six (6) months after placing the child in out-of-home
890890 placement and every six (6) months thereafter, and
891891 b. thirty (30) days after a determination by the court
892892 that reasonable efforts to return a child to either
893893 parent are not required pursuant to the provisions of
894894 Section 1-4-809 of this title.
895895 2. A child shall be considered to have entered out-of-home
896896 placement on the earlier of:
897897 a. the adjudication date, or
898898 b. the date that is sixty (60) days after the date on
899899 which the child is removed from the home.
900900 3. Subsequent permanency hearings shall be held at least every
901901 six (6) months for any child who continues to be in an out-of-home
902902 placement. At the request of a party, the Department of Human
903903 Services, or on the motion of the court, the initial and subsequent
904904 permanency hearings may be held more frequently. If the child's
905905 permanency goal is adoption, the court shall hold a permanency
906906 hearing within thirty (30) days of a scheduled trial to terminate
907907 parental rights, if a party requests such hearing, to determine
908908 whether adoption is still the appropriate permanency goal.
909909 4. At each permanency hearing, the court may consider te stimony
910910 of any person who has relevant information about the status of the
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937937 child or the status of the treatment plan . All parties shall have
938938 the opportunity to present evi dence and to cross-examine witnesses.
939939 The rules of evidence shall not apply to perm anency hearings and all
940940 evidence helpful in determining the proper permanency goal shall be
941941 considered including, bu t not limited to, oral and written reports,
942942 which may be admitted and may be relied upon to the extent of their
943943 probative value, even though not competent for the purposes of the
944944 adjudicatory hearing.
945945 5. The permanency plan for the child in transition to a
946946 successful adulthood shall be developed in consultatio n with the
947947 child and, at the option of the child, with up to two members of the
948948 permanency planning team to be chosen by the child, excluding the
949949 foster parent and caseworker for the child, subject to the following
950950 provisions:
951951 a. one individual selected by the child may be designated
952952 to be the advisor an d, as necessary, advocate of the
953953 child, with respect to the application of the
954954 reasonable and prudent parent standard to the child,
955955 and
956956 b. the Department of Human Services may reject an
957957 individual selected b y the child to be a member of the
958958 permanency planning team at any time if the Depart ment
959959 has good cause to believe that the selected individual
960960 would not act in the best interests of the child.
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987987 B. A permanency hearing may be held concurrently with a
988988 dispositional or review hearing.
989989 C. If a foster paren t, preadoptive parent, or relative is
990990 currently providing care for a child, the Department shall give the
991991 foster parent, preadoptive parent, or relativ e notice of a
992992 proceeding concerning the child. A foster parent, preadoptive
993993 parent, or relative providin g care for a child has the right to be
994994 heard at the proceeding. Except when allowed to intervene, the
995995 foster parent, preadoptive parent, or relative p roviding care for
996996 the child is not considered a party to the juvenile court proceeding
997997 solely because of notice and the right to be heard at the
998998 proceeding.
999999 D. At the hearing, the court shall determine or review the
10001000 continued appropriateness of the perman ency plan of the child and
10011001 whether a change in the plan is necessary, the date by which the
10021002 goal of permanency for the child is scheduled to be achieved, and
10031003 whether the current placement of the child continues to be the most
10041004 suitable for the health, safet y, and welfare of the child. The
10051005 court shall also, in a n age-appropriate manner, inquire or cause
10061006 inquiry to be made of the child regarding the proposed permanency
10071007 plan and if the child is age fourteen (14) or older, the planning
10081008 for the transition of the child to a successful adulthood.
10091009 E. A transcript shall be made of each permanency hearing or the
10101010 proceeding shall be memorialized by appropriate written findings of
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10371037 facts, and the court having considered all relevant information
10381038 shall order one of the fo llowing permanency plans for the child:
10391039 1. Reunification with the parent, parents, or legal guardian of
10401040 the child where:
10411041 a. reunification can be expected to occur within an
10421042 established time frame that is consistent with the
10431043 developmental needs of the child, and
10441044 b. the health and safety of the child can be adeq uately
10451045 safeguarded if returned home ;
10461046 2. Placement for adoption after the rights of the parents have
10471047 been terminated or after a petition has been filed to terminate
10481048 parental rights;
10491049 3. Placement with a person who will be the perman ent guardian
10501050 of the child and is able to adequately and appropriately s afeguard
10511051 the health, safety, and welfare of the child; or
10521052 4. a. Placement in the legal custody of the Department under
10531053 a planned alternative permanent pl acement, provided
10541054 the child is age sixteen (16) or older and there are
10551055 compelling reasons documented b y the Department and
10561056 presented to the court at each permanency hearing that
10571057 include the intensive, ongoing and, as of the date of
10581058 the hearing, unsuccessfu l efforts made to:
10591059 (1) return the child home, or
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10861086 (2) place the child with a fit and willing relative,
10871087 including adult siblings, a legal guardian, or an
10881088 adoptive parent, and
10891089 (3) find biological family members for the child
10901090 utilizing search technology, inclu ding social
10911091 media.
10921092 b. The Department shall also document at each permanency
10931093 hearing the steps taken, i ncluding inquiry of the
10941094 child in an age-appropriate manner, to ensure that:
10951095 (1) the foster family home of the child or facility
10961096 where the child is placed is following the
10971097 reasonable and prudent parent standard, and
10981098 (2) the child has regular, ongoing opport unities to
10991099 engage in age-appropriate or developmentally
11001100 appropriate activities.
11011101 c. When a planned alternative permanent placement is the
11021102 court-ordered permanency plan for the child, the court
11031103 shall at each permanency hearing:
11041104 (1) ask the child about the pe rmanency outcome the
11051105 child desires, and
11061106 (2) make a judicial determination, as of the date of
11071107 the hearing, why a planned alternative permanent
11081108 placement is the best permanency plan for th e
11091109 child and provide compelling reasons why it
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11361136 continues to not be in t he best interests of the
11371137 child to return home or be placed for adoption
11381138 with a legal guardian or with a fit and willing
11391139 relative, taking into consideration whether the
11401140 child has a close and positiv e relationship with
11411141 the parent.
11421142 F. In addition to the findings required under subsection E of
11431143 this section, the court shall also make written findings related to:
11441144 1. Whether the Department has made reasonable efforts to
11451145 finalize the permanency plan that is in effect for the child and a
11461146 summary of the efforts the Department has made; or, in the case of
11471147 an Indian child, whether the Department has made active efforts to
11481148 provide remedial services and rehabilitative programs as require d by
11491149 25 U.S.C., Section 1 912(d);
11501150 2. If the permanency plan is for th e child to remain in out-of-
11511151 home care, whether the child's out -of-home placement continues to be
11521152 appropriate and in the best interests of the child;
11531153 3. If the current placement is not ex pected to be permanent,
11541154 the court's projected timetable for return ho me or for placement in
11551155 an adoptive home with a guardian, or another planned permanent
11561156 living arrangement; and
11571157 4. Whether reasonable efforts, in accordance with the safety or
11581158 well-being of any child, have been ma de to:
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11851185 a. place siblings, who have been remo ved, together in the
11861186 same foster care, guardianship, or adoptive placement,
11871187 and
11881188 b. provide for frequent visitation or other ongoing
11891189 interaction in the case of siblings who have been
11901190 removed and who are not placed together.
11911191 G. The court may make appropriat e orders to ensure timely
11921192 implementation of the permanency plan and shall order the plan to be
11931193 accomplished within a specified period of time.
11941194 SECTION 5. AMENDATORY 12 O.S. 2021, Section 5 91, is
11951195 amended to read as follows:
11961196 Section 591. The trial by jury may be waived by the parties, in
11971197 actions arising on contract, and with the assen t of the court in
11981198 other actions, in the following manner: By the consent of the party
11991199 appearing, when the ot her party fails to appear at the trial by
12001200 himself or attorney. By written consent, in person or by attorney,
12011201 filed with the clerk. By oral consen t, in open court, entered on
12021202 the journal. By failure to request in writing a jury trial within
12031203 the time period set forth by applicable statute .
12041204 SECTION 6. This act shall become effective November 1, 2023.
12051205
12061206 59-1-5061 CMA 01/02/23