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ENGROSSED SENATE
BILL NO. 178 By: Daniels and Boren of the
Senate
and
Lawson of the House
An Act relating to the Oklahoma Children’s Code;
amending 10A O.S. 2021, Section 1 -4-806, which
relates to trial reunification; clarifyi ng time
period for certain review; authorizing court to
return custody to parent or legal guardian under
certain circumstances; allowing subsequent review
under certain circumstances; placing limitation on
duration of trial reunification; authorizing court to
order additional Department of Human Services
supervision; conforming language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -4-806, is
amended to read as follows:
Section 1-4-806. A. The court may order a trial home
reunification by returning the child to the care o f the parent or
legal guardian from wh om the child was removed for a period not to
exceed and setting a date for r eview within six (6) months;
provided, when determined necessary the court may extend the period
of trial reunification to a specific date cer tain by entering such
extension order prior to the expiration o f the initial six-month
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trial reunification period . At any time during trial reunification,
when reunification appears successful, the court may return legal
custody to the parent or legal gua rdian and relieve the Department
of Human Services of legal cus tody. If the court determines trial
reunification should be extended, the court shall set a new date for
review. A child shall spend no longer than a total of twelve (12)
months in trial reun ification. The Prior to trial reunification,
the Department of Human Services shall conduct a criminal background
check of any adult in the home, who is not a parent, legal guardian,
or custodian, prior to any trial reunification . The background
check shall include inquiries into Oklahoma St ate Bureau of
Investigation and Federal Bureau of Invest igation records for a
national criminal history record check pursuant to the provisions of
Section 150.9 of Title 74 of the Oklahoma Statutes.
During the period of the trial home reunification, the
Department of Human Services shall:
1. Continue to have l egal custody of the child, thereby
permitting the Department to visit the child in the home of the
parent, at school, in a child care facility, or any other setti ng
the Department deems necessary and appropriate;
2. Continue to provide appropriate service s to both the parent ,
if eligible, and the child during the period of the trial home
reunification;
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3. Terminate the trial home reunification and remove the chil d
to foster care, without court order or authorization, when ne cessary
to protect the child ’s health, safety, or w elfare; and
4. Advise the court and parties within three (3) judicial days
of the termination of the trial home reunification when terminated
by the Department without a court ord er.
B. 1. When trial home reunification is terminated , whether by
the Department or court order, the Department shall prepare a report
for the court which describes the circumstances of the child during
the trial home reunification period and recommends court orders, if
any, deemed appropriate to provide for t he safety and stability of
the child.
2. In the event a trial home reunification is terminated by the
Department by removing the child to foster care without pr ior court
order or authorization, the court shall conduct a hea ring within
fifteen (15) days of receiving notice of the termination of the
trial home reunification by the Department and shall determine
whether a continuation of the child in the child ’s home or with the
child’s caretaker is contrary to the welfare of t he child and
whether reasonable efforts were made to prevent the removal of the
child from the trial home reunification.
C. 1. Upon the completion of the six -month If the court
determines that supervision should continue after twelve (12) months
of trial home reunification period or any extension thereof , the
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court may further extend supervision of the child in the hom e by
awarding award legal custody of the child to the parent or legal
guardian with whom the child has been reunit ed and ordering order
the Department to provide supervision in accordance wi th the rules
promulgated by the Commission Department.
2. The duration of the extended s upervision shall not exceed
six (6) months except in circumstances the court deems appropri ate
and necessary to prot ect the health, safety or welfare of the child.
SECTION 2. This act shall become effective November 1, 2023.
Passed the Senate the 2nd day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives