An Act
ENROLLED HOUSE
BILL NO. 1032 By: Lawson, Crosswhite Hader,
and Pittman of the House
and
Daniels of the Senate
An Act relating to children; amending 10A O.S. 2021,
Section 2-2-402, which relates to adjudicative
hearings; requiring that hearing for child be held
within a certain time frame; providing exception; and
providing an effective date.
SUBJECT: Children
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2-2-402, is
amended to read as follows:
Section 2-2-402. A. All cases of children sh all be heard
separately from the trial of cases against adults. The adjudicative
hearings shall be conducted according to the rules of evi dence, and
may be adjourned from time to time.
1. Except as provided by para graph 2 of this subsection, the
hearings shall be private; however, all persons having a direct
interest in the case as provided in this paragraph sh all be
admitted. Any victim, relative, legal guardian of a victim, or a
person designated by the victim wh o is not subject to the rule of
sequestration as a witness of a delinquent act shall be considered
to have a direct interest in the case , shall be notified of all
court hearings involving that particular delinquent act, and shall
be admitted to the proceed ings. The court shall, however, remove
all persons not having a direct interest in the case or that are not
the parents or legal guardian of the chi ld from any hearing where
evidence of the medical or behavioral health condition of the child
or specific instances of deprivation are being presen ted. ENR. H. B. NO. 1032 Page 2
Stenographic notes or other transcript of the hearings shall be kept
as in other cases, but they shall not be open to inspection exce pt
by order of the court or as otherwise provided by law.
2. Hearings related to the second or subsequent delinquenc y
adjudication of a child shall be public proceedings. The
adjudications relied upon to determine whether a hearing is a public
proceeding pursuant to this paragraph shall not have arisen out of
the same transaction or occurrence or series of events close ly
related in time and location. Upon its own motion or the motion of
any of the parties to the hearing and for good cause shown, the
court may order specific testimony or evidence to be heard in
private; provided, the court shall not exclude any relative , legal
guardian of a victim, or a person designated by the victim who is
not subject to the rule of sequestr ation as a witness from the
hearing during testimony of the victim. For the purposes of this
paragraph, "good cause" shall mean a showing that it would be
substantially harmful to the mental or physical well -being of the
child if such testimony or evidenc e were presented at a public
hearing. The judge may, for good cause shown, open the court
hearings to educate members of the public about juvenile justice
issues; however, the identities of the juvenile respondents shall
not be published in any reports or articles of general circulati on.
B. The child may remain silent as a matter of right in
delinquency hearings and in need of supervision hearings, and before
the child testifies, the child shall be so advised.
C. A decision determining a child to come wi thin the purview of
the Oklahoma Juvenile Code shall be based on sworn testimony and the
child shall have the opportunity for cross-examination unless the
facts are stipulated or unless the child enters into a stipulation
that the allegations of the petiti on are true or that sufficient
evidence exists to meet the burden of proof required for the court
to sustain the allegations of the petition. In proceedings pursuant
to the Oklahoma Juvenile Code, the court may allow mileage as in
civil actions to witness es and reimbursement for exper t witnesses
but such shall not be tendered in advance of the hearing. If a
child is alleged to be delinquent and the facts are stipulated, the
judge shall ascertain from the child if the child agrees with the
stipulation and if the child understands the c onsequences of
stipulating the facts.
D. For any child being held in a secur e detention on charges as
an accused juvenile delinquent, adjudicati on shall occur within ENR. H. B. NO. 1032 Page 3
thirty (30) days after the detainment for that charge. This time
may be extended to allow parties to negotiate in good faith to
review discovery or for any other good cause shown. The provisions
of this subsection shall not apply to matters in which a non-jury or
jury trial are requested by the child .
E. If the court finds that the allegations of a petition
alleging a child to be delinquent or in need of supervision are
supported by the evidence, the court shall sustain the petition, and
shall make an order of adjudication setting forth whether the child
is delinquent or in need of supervision and shall adjudge the child
as a ward of the court.
E. F. If the court finds that the allegations of the petition
are not supported by the evidence, the court shall order the
petition dismissed and shall order the child discharged from any
detention or restriction previously ordered. The parents, legal
guardian or other legal custodian of the child shall also be
discharged from any restriction or other previous temporary order.
F. G. Any arrest or detention under the O klahoma Juvenile Code
or any adjudication in a juvenile proceeding shall not be considered
an arrest, detention or convict ion for purposes of employmen t, civil
rights, or any statute, regulation, license, questionnaire,
application, or any other public or private purposes, unless
otherwise provided by law.
SECTION 2. This act shall become effective November 1, 2023.
ENR. H. B. NO. 1032 Page 4
Passed the House of Representatives the 6th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the 17th day of April, 2023.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Se cretary of State this __________
day of ___________________, 20_______, at _ ______ o'clock _______ M.
By: _________________________________