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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1019 By: Lawson
AS INTRODUCED
An Act relating to children; amending 10A O.S. 2021,
Section 1-4-806, which relates to trial
reunification; modifying procedures for tria l
reunification; limiting time a child may spend in
trial reunification; providing exception; 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 of the parent or
legal guardian from whom the child was removed for a period not to
exceed six (6) months; provided, when determ ined necessary the court
may extend the period of trial reunificatio n to a specific date
certain by entering such extension order prior to the expiration of
the initial six-month trial reunification period and setting a date
for review within six (6) months. At any time during trial
reunification, when reunification appea rs successful, the court may
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return legal custody to the parent or legal guardian and relieve the
Oklahoma Department of Human Services of legal custody. If the co urt
determines trial reunification should continue, then the court shall
set a new date for review of trial reunification. The total amount
of time a child may spend in trial reunification shall not exceed
twelve (12) months. 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 Stat e 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 setting
the Department deems necessary and ap propriate;
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 child
to foster care, without court order or authorization, when necessary
to protect the child 's health, safety, or welfare; 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 order .
B. 1. When trial home reunification is terminated whether by
the Department or court orde r, 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 prior court
order or authorization, the cou rt shall conduct a hearing 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 contra ry to the welfare of the child and
whether reasonable efforts were made to prevent the remova l of the
child from the trial home reunification.
C. 1. Upon the completion of the six -month trial home
reunification period or any extension thereof If the court
determines that supervision should continue after twelve (12) months
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of trial reunificatio n, the 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 chi ld has been
reunited and ordering order the Department to provide supervision in
accordance with 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 co urt deems appropriate
and necessary to protect the health, safety or welfare of the child.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5660 CMA 12/06/22