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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 651 By: Rogers
AS INTRODUCED
An Act relating to the Oklahoma Children ’s Code;
amending 10A O.S. 2021, Section 1 -7-109, which
relates to foster pla cements; prohibiting Department
of Human Services from taking adverse action u nder
certain circumstances; updating statutory reference;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -7-109, is
amended to read as follows:
Section 1-7-109. A. Except as otherwise provided by this
section, no child in the custody of the Department of Human Services
shall be placed with any foster placement unless the foster
placement:
1. Has a current license or authorization issued pursuant to
the Oklahoma Child Care Facilities Licensing Act; or
2. Meets licensing standards as required by the Oklahoma Child
Care Facilities Licensing Act and is otherwise approved for foster
care by the state agency for children within its custody.
B. Except as otherwise provided by this section, no person,
corporation, or other legal entity shall receive a child for foster
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care or provide foster care services to a child unless such legal
entity has a license or meets licensing standards as required by the
Oklahoma Child Care Facilities Licensing Act , and is otherwise
approved by the state agency for children within its custody.
C. The provisions of this section shall not be construed to
prohibit foster placement of children in foster homes licensed or
approved by Indian tribes, pursuant to the terms in Section 40.8 of
Title 10 of the Oklahoma Statutes.
D. This section shall not apply when a parent or legal
custodian executes a power of atto rney to delegate parental or legal
authority as authorized by Section 1 700 of this act Title 10 of the
Oklahoma Statutes.
E. The Department shall not take negative action against a
licensed foster place ment if the licensed foster pla cement refuses
to foster a child for reasons of a genuine fear for the health,
welfare, or safety of the licensed foster placement or a person
living in the same residence as the licensed foster place. For
purposes of this subsection, a negative action shall include but not
be limited to a substantiated file maintained by the Depar tment or
referring the licensed foster placement to a district attorney for
potential criminal charges.
SECTION 2. This act shall become effective November 1, 2023.
59-1-530 TEK 1/18/2023 10:06:37 AM