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ENGROSSED HOUSE
BILL NO. 1048 By: Lawson of the House
and
Rosino of the Senate
[ children – definitions - Minor's Public
Guardianship - district attorney – child's attorney
– motion - notice of hearing and service
requirements - visitation - requirements of order –
codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -1-105, is
amended to read as follows:
Section 1-1-105. When used in the Oklahoma Children's Code,
unless the context otherwise requires:
1. "Abandonment" means:
a. the willful intent by words, actions, or omissions not
to return for a child, or
b. the failure to maintain a significant parental
relationship with a child through visitation or
communication in which incidental or token visits or
communication are not considered significant, or
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c. the failure to respond to notice of deprived
proceedings;
2. "Abuse" means harm or threatened harm to the health, safety,
or welfare of a child by a person responsible for the child's
health, safety, or welfare, including but not limited to
nonaccidental physical or mental injury, sexual abuse, or sexual
exploitation. Provided, however, that nothing contained in the
Oklahoma Children's Code shall prohibit any parent from using
ordinary force as a means of discipline including, but not limited
to, spanking, switching, or paddling.
a. "Harm or threatened harm to the health or safety of a
child" means any real or threatened physical, ment al,
or emotional injury or damage to the body or mind that
is not accidental including but not limited to sexual
abuse, sexual exploitation, neglect, or dependency.
b. "Sexual abuse" includes but is not li mited to rape,
incest, and lewd or indecent acts or proposals made to
a child, as defined by law, by a person responsible
for the health, safety, or welfare of the child.
c. "Sexual exploitation" includes but is not limited to
allowing, permitting, encoura ging, or forcing a child
to engage in prostitution, as defined by law, by any
person eighteen (18) years of age or older or by a
person responsible for the health, safety, or welfare
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of a child, or allowing, permitting, encouraging, or
engaging in the lewd , obscene, or pornographic, as
defined by law, phot ographing, filming, or depicting
of a child in those acts by a person responsible for
the health, safety, and welfare of the child;
3. "Adjudication" means a finding by the court that the
allegations in a petition alleging that a child is deprived are
supported by a preponderance of the evidence;
4. "Adjudicatory hearing " means a hearing by the court as
provided by Section 1 -4-601 of this title;
5. "Age-appropriate or developmentally appropriate " means:
a. activities or items that are generally accepted as
suitable for children of the same age or level of
maturity or that are determined to be developmentally
appropriate for a child, based on the development of
cognitive, emotional, physical, and behaviora l
capacities that are typical for an age or age gro up,
and
b. in the case of a specific child, activities or items
that are suitable for that child based on the
developmental stages attained by the child with
respect to the cognitive, emotional, physical, and
behavioral capacities of the specific child.
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In the event that any age-related activities have implications
relative to the academic curriculum of a child, nothing in this
paragraph shall be construed to authorize an officer or employee of
the federal government to mandate, direct, or control a state o r
local educational agency, or the specific instructional content,
academic achievement standards and assessments, curriculum, or
program of instruction of a school;
6. "Assessment" means a comprehensive review of child safety
and evaluation of family fun ctioning and protective capacities that
is conducted in response to a child abuse or neglect referral that
does not allege a serious and immediate safety threat to a child;
7. "Behavioral health" means mental health, substance abuse, or
co-occurring mental health and substance abuse diagnoses, and the
continuum of mental health, substance abuse, or co -occurring mental
health and substance abuse treatment;
8. "Child" means any unmarried person under eighte en (18) years
of age;
9. "Child advocacy center " means a center and the
multidisciplinary child abuse team of which it is a member that is
accredited by the National Children's Alliance or that is completing
a sixth year of reaccreditation . Child advocacy centers shall be
classified, based on the child p opulation of a district attorney's
district, as follows:
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a. nonurban centers in districts with child populations
that are less than sixty thousand (60,000), and
b. midlevel nonurban centers in districts wi th child
populations equal to or greater than sixty thousand
(60,000), but not including Oklahoma and Tulsa
Counties;
10. "Child with a disability " means any child who has a
physical or mental impairment which substantially limits one or more
of the major life activities of the child, or who is regarded a s
having such an impairment by a competent medical professional;
11. "Child-placing agency" means an agency that arranges for or
places a child in a foster family home, family -style living program,
group home, adoptive home, or a successful adulthood prog ram;
12. "Children's emergency resource center " means a community-
based program that may provide emergency care and a safe and
structured homelike environment or a host home for children
providing food, clothing, shelter and hygiene products to each child
served; after-school tutoring; counseling services; life -skills
training; transition services; assessments; family reunification;
respite care; transportation to or from school, doctors'
appointments, visitations and other social, school, court or other
activities when necessary; and a stable environment for children in
crisis who are in custody of the Department of Human Services if
permitted under the Department's policies and regulations, or who
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have been voluntarily placed by a parent or custodian duri ng a
temporary crisis;
13. "Community-based services" or "community-based programs"
means services or programs which maintain community participation or
supervision in their planning, operation, and evalu ation.
Community-based services and programs may i nclude, but are not
limited to, emergency shelter, crisis intervention, group work, case
supervision, job placement, recruitment and training of volunteers,
consultation, medical, educational, home -based services, vocational,
social, preventive and psychol ogical guidance, training, counseling,
early intervention and diversionary substance abuse treatment,
sexual abuse treatment, transitional living, independent living, and
other related services and program s;
14. "Concurrent permanency planning" means, when indicated, the
implementation of two plans for a child entering foster care . One
plan focuses on reuniting the parent and child; the other seeks to
find a permanent out -of-home placement for the child w ith both plans
being pursued simultaneously;
15. "Court-appointed special advocate" or "CASA" means a
responsible adult volunteer who has been trained and is supervised
by a court-appointed special advocate program recognized by the
court, and when appoin ted by the court, serves as an officer of the
court in the capacity as a guardian ad litem;
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16. "Court-appointed special advocate program " means an
organized program, administered by either an independent, not -for-
profit corporation, a dependent project o f an independent, not-for-
profit corporation or a u nit of local government, which recruits,
screens, trains, assigns, supervises and supports volunteers to be
available for appointment by the court as guardians ad litem;
17. "Custodian" means an individual other than a parent, legal
guardian or Indian cus todian, to whom legal custody of the child has
been awarded by the court . As used in this title, the term
"custodian" shall not mean the Department of Human Services;
18. "Day treatment" means a nonresidential program which
provides intensive services to a child who resides in the child's
own home, the home of a relative, group home, a foster home or
residential child care facility . Day treatment programs include,
but are not limited to, educational serv ices;
19. "Department" means the Department of Hum an Services;
20. "Dependency" means a child who is homeless or without
proper care or guardianship through no fault of his or her parent,
legal guardian, or custodian;
21. "Deprived child" means a child:
a. who is for any reason destitute, homeless, or
abandoned,
b. who does not have the proper parental care or
guardianship,
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c. who has been abused, neglected, or is dependent,
d. whose home is an unfit place for the child by reason
of depravity on the part of the parent or legal
guardian of the child, or o ther person responsible for
the health or welfare of the child,
e. who is a child in need of special care and treatment
because of the child's physical or mental condition,
and the child's parents, legal g uardian, or other
custodian is unable or willfully fails to provide such
special care and treatment . As used in this
paragraph, a child in need of special care and
treatment includes, but is not limited to, a child who
at birth tests positive for alcohol or a controlled
dangerous substance and who, pursua nt to a drug or
alcohol screen of the child and an assessment of the
parent, is determined to be at risk of harm or
threatened harm to the health or safety of a child,
f. who is a child with a disability deprived of the
nutrition necessary to sustain life or of the medical
treatment necessary to remedy or relieve a life -
threatening medical condition in order to cause or
allow the death of the child if such nutrition or
medical treatment is generally provid ed to similarly
situated children without a disabili ty or children
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with disabilities; provided that no medical treatment
shall be necessary if, in the reasonable medical
judgment of the attending physician, such treatment
would be futile in saving the life of the child,
g. who, due to improper parental care and guardianship,
is absent from school as specified in Section 10 -106
of Title 70 of the Oklahoma Statutes, if the child is
subject to compulsory school attendance,
h. whose parent, legal guardian or custodian for good
cause desires to be relieved of cus tody,
i. who has been born to a parent whose parental rights to
another child have been involuntarily terminated by
the court and the conditions which led to the making
of the finding, which resulted i n the termination of
the parental rights of the parent to the other child,
have not been corrected, or
j. whose parent, legal guardian, or custodian has
subjected another child to abuse or neglect or has
allowed another child to be subjected to abuse or
neglect and is currently a respondent in a deprived
proceeding.
Nothing in the Oklahoma Children's Code shall be construed to
mean a child is deprived for the sole reason the parent, legal
guardian, or person having custody or control of a child, in good
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faith, selects and depends upon spiritual means alone thro ugh
prayer, in accordance with the tenets and practice of a recognized
church or religious denomination, for the treatment or cure of
disease or remedial care of such child.
Evidence of material, ed ucational or cultural disadvantage as
compared to other ch ildren shall not be sufficient to prove that a
child is deprived; the state shall prove that the child is deprived
as defined pursuant to this title.
Nothing contained in this paragraph shall preve nt a court from
immediately assuming custody of a child and ordering whatever action
may be necessary, including medical treatment, to protect the
child's health or welfare;
22. "Developmental disability" means a severe chronic
disability that:
a. is attributable to a mental or physical impairment or
combination of mental and physical impairments,
b. is manifested before the person is twenty-two (22)
years of age,
c. is likely to continue indefinitely ,
d. results in substantial functional limitations in thre e
or more major life activi ty areas, which are:
(1) self-care,
(2) receptive and expressive language,
(3) learning,
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(4) mobility,
(5) self-direction,
(6) capacity for independent living , and
(7) economic self-sufficiency, and
e. reflects the person's need for a combination and
sequence of special, interdisciplinary, or generic
care, treatment, or other ser vices which are of
lifelong or extended duration and are individually
planned and coordinated. The term developmental
disability shall not include mentally ill persons, as
those persons are defined by Section 1 -103 of Title
43A of the Oklahoma Statutes, whose sole di sability is
mental illness;
23. "Dispositional hearing " means a hearing by the court as
provided by Section 1-4-706 of this title;
23. 24. "Drug-endangered child" means a child who is at risk of
suffering physical, psychological or sexual harm as a result of the
use, possession, distribution, manufacture or cultivation of
controlled substances, or the attempt of a ny of these acts, by a
person responsible fo r the health, safety or welfare of the chil d,
as defined in this section. This term includes circumstances
wherein the substance abuse of the person responsible for the
health, safety or welfare of the child int erferes with that person's
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ability to parent and provide a safe and nurturing environme nt for
the child;
24. 25. "Emergency custody" means the custody of a child prior
to adjudication of the child following issuance of an order of the
district court pursuant to Section 1-4-201 of this title or
following issuance of an order of the district court pursuant to an
emergency custody hearing, as specified by Section 1 -4-203 of this
title;
25. 26. "Facility" means a place, an institution, a building or
part thereof, a set of buildings, or an area whether or not
enclosing a building or set of build ings used for the lawful custody
and treatment of children;
26. 27. "Failure to protect" means failure to take reasonable
action to remedy or prevent child abuse or neglect, and includes the
conduct of a nonabusing parent or guardian who knows the identit y of
the abuser or the person neglecting the child, but lies, conceals or
fails to report the child abuse or neglect or otherwise take
reasonable action to end the abuse or negle ct;
27. 28. "Family-style living program" means a residential
program providing sustained care and supervision to residents in a
homelike environment not located in a building used for commercial
activity;
28. 29. "Foster care" or "foster care services " means
continuous twenty-four-hour care and supportive services provided
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for a child in foster placement including, but not limited to, the
care, supervision, guidance, and rearing of a foster child by the
foster parent;
29. 30. "Foster family home" means the private residence of a
foster parent who provides foster care services to a child. Such
term shall include a nonkinship foster family home, a therapeutic
foster family home, or the home of a relative or other kinship care
home;
30. 31. "Foster parent eligibili ty assessment" includes a
criminal background investigation includin g, but not limited to, a
national criminal history records search based upon the submission
of fingerprints, home assessments, and any other assessment required
by the Department of Human Services, the Office of J uvenile Affairs,
or any child-placing agency pursuant to the provisions of the
Oklahoma Child Care Facilities Licensing Act;
31. 32. "Guardian ad litem" means a person appointed by the
court pursuant to the provisions of Section 1 -4-306 of this title
having those duties and responsibilities as set forth in that
section. The term "guardian ad litem" shall refer to a court -
appointed special advocate as well as to any other person appointed
pursuant to the provisions of Section 1 -4-306 of this title to serve
as a guardian ad litem;
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32. 33. "Guardian ad litem of the estate of the child" means a
person appointed by the court to protect the property interests of a
child pursuant to Section 1 -8-108 of this title;
33. 34. "Group home" means a residential facility licensed by
the Department to provide ful l-time care and community-based
services for more than five but fewer than thirteen children;
34. 35. "Harm or threatened harm to the health or safety of a
child" means any real or threat ened physical, mental, or emotional
injury or damage to the body or mind that is not accidental
including, but not limited to, sexual abuse, sexual exploitation,
neglect, or dependency;
35. 36. "Heinous and shocking abuse " includes, but is not
limited to, aggravated physical abuse that results in serious
bodily, mental, or emotional injury. "Serious bodily injury " means
injury that involves:
a. a substantial risk of death,
b. extreme physical pain,
c. protracted disfigurement,
d. a loss or impairment of t he function of a body member,
organ, or mental faculty,
e. an injury to an internal or external organ or the
body,
f. a bone fracture,
g. sexual abuse or sexual exploitation,
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h. chronic abuse including, but not limited to, physical,
emotional, or sexual ab use, or sexual exploitation
which is repeated or continuing,
i. torture that includes, but is not limited to,
inflicting, participating in or assisting in
inflicting intense physical or emotional pain upon a
child repeatedly over a period of time for the p urpose
of coercing or terrorizing a child or for the purpose
of satisfying the craven, cruel, or prurient desires
of the perpetrator or another person, or
j. any other similar aggravated circumstance;
36. 37. "Heinous and shocking neglect " includes, but is not
limited to:
a. chronic neglect that includes, but is not limited to,
a persistent pattern of family functioning in which
the caregiver has not met or sustained the basic needs
of a child which results in harm to the child,
b. neglect that has resulte d in a diagnosis of the child
as a failure to thrive,
c. an act or failure to act by a parent that results in
the death or near death of a child or sibling, serious
physical or emotional harm, sexual abuse, sexual
exploitation, or presents an imminent risk of serious
harm to a child, or
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d. any other similar aggravating circumstance;
37. 38. "Individualized service plan " means a document written
pursuant to Section 1 -4-704 of this title that has the same meaning
as "service plan" or "treatment plan" where those terms are used in
the Oklahoma Children's Code;
38. 39. "Infant" means a child who is twelve (12) months of age
or younger;
39. 40. "Institution" means a residential facility offering
care and treatment for more than twenty residents;
40.
41. a. "Investigation" means a response to an allegation of
abuse or neglect that involves a serious and immediate
threat to the safety of the child, making it necessary
to determine:
(1) the current safety of a child and the risk of
subsequent abuse or neglect, and
(2) whether child abuse or neglect occurred and
whether the family needs prevention- and
intervention-related services.
b. "Investigation" results in a written response stating
one of the following findings:
(1) "substantiated" means the Department has
determined, after an investigation of a report of
child abuse or neglect and based upon some
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credible evidence, that child abuse or neglect
has occurred. When child abuse or neglect is
substantiated, the Department may recommend:
(a) court intervention if t he Department finds
the health, safety, or welfare of the child
is threatened, or
(b) child abuse and neglect prevention - and
intervention-related services for the child,
parents or persons responsible for the care
of the child if court intervention is not
determined to be necessary,
(2) "unsubstantiated" means the Department has
determined, after an investigation of a report of
child abuse or neglect, that insufficient
evidence exists to fully determine whether child
abuse or neglect has occurred . If child abuse or
neglect is unsubstantiated, the Department may
recommend, when determined to be necessary, that
the parents or persons responsible for the care
of the child obtain child abuse and neglect
prevention- and intervention-related services, or
(3) "ruled out" means a report in which a child
protective services speci alist has determined,
after an investigation of a report of child abuse
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or neglect, that no child abuse or neglect has
occurred;
41. 42. "Kinship care" means full-time care of a child by a
kinship relation;
42. 43. "Kinship guardianship" means a permanent guardianship
as defined in this section;
43. 44. "Kinship relation" or "kinship relationship " means
relatives, stepparents, or other responsible adults who have a bond
or tie with a child and/or to whom has been ascribed a family
relationship role with the child's parents or the child; provided,
however, in cases where the Indian Child Welfare Act applies, the
definitions contained in 25 U.S.C., Section 1903 shall control;
44. 45. "Mental health facility" means a mental health or
substance abuse treatme nt facility as defined by the Inpatient
Mental Health and Substance Abuse Treatment of Minors Act;
45. 46. "Minor" means the same as the term "child" as defined
in this section;
46. 47. "Minor in need of treatment " means a child in need of
mental health or substance abuse treatment as defined by the
Inpatient Mental Health and Substance Abuse Treatment of Minors Act;
47. 48. "Multidisciplinary child abuse team " means any team
established pursuant to Section 1 -9-102 of this title of three or
more persons who are trained in the prevention, identification,
investigation, prosecution, and treatment of physical and sexual
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child abuse and who are qualified to facilitate a broad range of
prevention- and intervention-related services and services related
to child abuse. For purposes of this definition, "freestanding"
means a team not used by a child advocacy center for its
accreditation;
48. 49. "Near death" means a child is in serious or critical
condition, as certified by a physician, as a result of abuse or
neglect;
49.
50. a. "Neglect" means:
(1) the failure or omission to provide any of the
following:
(a) adequate nurturance and affection, food,
clothing, shelter, sanitation, hygiene, or
appropriate education,
(b) medical, dental, or behavioral health care,
(c) supervision or appropriate caretakers to
protect the child from harm or threatened
harm of which any reasonable and prudent
person responsible for the child's health,
safety or welfare would be aware, or
(d) special care made necessary for the child's
health and safety by the physical or mental
condition of the child,
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(2) the failure or omission to protect a child from
exposure to any of the following:
(a) the use, possession, sale, or ma nufacture of
illegal drugs,
(b) illegal activities, or
(c) sexual acts or materials that are not age-
appropriate, or
(3) abandonment.
b. "Neglect" shall not mean a child who engages in
independent activities, except if the person
responsible for the child 's health, safety or welf are
willfully disregards any harm or thre atened harm to
the child, given the child's level of maturity,
physical condition or mental abilities . Such
independent activities include but are not limited to:
(1) traveling to and from school including by
walking, running or bicycling,
(2) traveling to and from nearby commercial or
recreational facilities,
(3) engaging in outdoor play,
(4) remaining at home unattended for a reasonable
amount of time,
(5) remaining in a vehicle if the tem perature inside
the vehicle is not or will not become dangerously
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hot or cold, except under the conditions
described in Section 11 -1119 of Title 47 of the
Oklahoma Statutes, or
(6) engaging in similar activities alone or with
other children.
Nothing in this paragraph shall be construed to mean a child is
abused or neglected for the sole reason the parent, legal guardian
or person having custody or control of a child, in good faith,
selects and depends upon spiritual means alone through prayer, in
accordance with the tenets and practice of a recognized church or
religious denomination, for the treatment or cure of disease or
remedial care of such child . Nothing contained in this paragraph
shall prevent a court from immediately assuming custody of a child,
pursuant to the Oklahoma Children's Code, and ordering whatever
action may be necessary, including medical treatment, to protect the
child's health or welfare;
51. "Office of Public Guardi an" means the Office of Public
Guardian within the Oklahoma Depar tment of Human Services, created
pursuant to Section 6-101 of Title 30 of the Oklahoma Statutes;
50. 52. "Permanency hearing" means a hearing by the court
pursuant to Section 1 -4-811 of this title;
51. 53. "Permanent custody" means the court-ordered custody of
an adjudicated deprive d child when a parent-child relationship no
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longer exists due to termination of parental rights or due to the
death of a parent or parents;
52. 54. "Permanent guardianship " means a judicially c reated
relationship between a chi ld, a kinship relation of the child, or
other adult established pursuant to the provisions of Section 1-4-
709 of this title;
53. 55. "Person responsible for a child's health, safety, or
welfare" includes a parent; a legal gua rdian; custodian; a foster
parent; a person eighteen (18) y ears of age or older with whom the
child's parent cohabitates or any other adult residing in the home
of the child; an agent or employee of a public or private
residential home, institution, facili ty or day treatment program as
defined in Section 175.20 of Title 10 of the Oklahoma Statutes; or
an owner, operator, or employee of a child care facility as defined
by Section 402 of Title 10 of the Oklahoma Statutes;
54. 56. "Plan of safe care" means a plan developed for an
infant with Neonatal Abstinence Syndr ome or a Fetal Alcohol Spectrum
Disorder upon release from the care of a health care provider that
addresses the health and substance use treatment needs of the infant
and mother or caregiver;
55. 57. "Protective custody" means custody of a child taken by
a law enforcement officer or designated employee of the court
without a court order;
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56. 58. "Putative father" means an alleged father as that term
is defined in Section 7700 -102 of Title 10 of the Oklaho ma Statutes;
57. 59. "Qualified residential treat ment program" means a
program that:
a. has a trauma-informed treatment model that is designed
to address the needs including clinical needs as
appropriate, of children with serious emotional or
behavioral disorders or disturbances and, with respect
to a child, is able to implement the treatment
identified for the child from a required assessment,
b. has registered or licensed nursing staff and other
licensed clinical staff who:
(1) provide care within the sc ope of their practice
as defined by the laws of th is state,
(2) are on-site according to th e treatment model
referred to in subparagraph a of this paragraph,
and
(3) are available twenty -four (24) hours a day and
seven (7) days a week,
c. to the extent appropriate, and in acco rdance with the
child's best interest, facilitates participation of
family members in the child's treatment program,
d. facilitates outreach to the family members of the
child including siblings, documents how the outreach
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is made including contact informa tion, and maintains
contact information for any known biological famil y of
the child,
e. documents how family members are integrated into the
treatment process for the child including post -
discharge, and how sibling connections ar e maintained,
f. provides discharge planning and family -based aftercare
support for at least six (6) months post-discharge,
and
g. is licensed and accredited by any of the following
independent, not-for-profit organizations:
(1) The Commission on Accred itation of Rehabilitation
Facilities (CARF),
(2) The Joint Commission on Accreditation of
Healthcare Organizations (JCAHO),
(3) The Council on Accreditation (COA), or
(4) any other federally approved independent, not -
for-profit accrediting organization;
58. 60. "Reasonable and pruden t parent standard" means the
standard characterized by careful and sen sible parental decisions
that maintain the health, safety, and best interests of a child
while at the same time encouraging the emotional and developmental
growth of the child. This standard shall be used by the ch ild's
caregiver when determining whether to allow a child to participate
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in extracurricular, enrichment, cultural, and social activities .
For purposes of this definition, the term "caregiver" means a foster
parent with whom a child in foster care has been placed, a
representative of a group home where a child has been placed or a
designated official for a residential child care facility where a
child in foster care has been placed;
59. 61. "Relative" means a grandparent, great -grandparent,
brother or sister of whole or half blood, aunt, uncle or any other
person related to the child;
60. 62. "Residential child care facility " means a twenty-four-
hour residential facility where children live together with or are
supervised by adults who are not their parent s or relatives;
61. 63. "Review hearing" means a hearing by the court pursuant
to Section 1-4-807 of this title;
62. 64. "Risk" means the likelihood that an incident of child
abuse or neglect will occur in th e future;
63. 65. "Safety threat" means the threat of serious harm due to
child abuse or neglect occurring in the present or in the very near
future and without the intervention of another person, a child would
likely or in all probability sustain severe or permanent disability
or injury, illness, or death;
64. 66. "Safety analysis" means action taken by the Department
in response to a report of alleged child abuse or neglect that may
include an assessment or investigation based upon an analysis of the
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information received according to priority guide lines and other
criteria adopted by the D epartment;
65. 67. "Safety evaluation" means evaluation of a child's
situation by the Department using a structured, evidence -based tool
to determine if the child is subject to a safety threat;
66. 68. "Secure facility" means a facility which is designed
and operated to ensure that all entrances and exits from the
facility are subject to the exclusive control of the staff of the
facility, whether or not the juvenile being detained has freedom of
movement within the perimeter of the facility, or a facility which
relies on locked rooms and buildings, fences, or physical restraint
in order to control behavior of its residents;
67. 69. "Sibling" means a biologically or legally related
brother or sister of a child. This includes an individual who
satisfies at least one of the following conditions with respect to a
child:
a. the individual is considered by state law to be a
sibling of the child, or
b. the individual would have been consid ered a sibling
under state law but for a termination or other
disruption of parental rights, such as the death of a
parent;
68. 70. "Specialized foster care " means foster care provided to
a child in a foster home or agency -contracted home which:
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a. has been certified by the Developmental Disabilities
Services Division of the De partment of Human Services,
b. is monitored by the Division, and
c. is funded through the Home - and Community-Based Waiver
Services Program administered by the Division;
69. 71. "Successful adulthood program" means a program
specifically designed to assis t a child to enhance those skills and
abilities necessary for successful adult living . A successful
adulthood program may include, but shall not be limited to, such
features as minimal direct staff supervision, and the provision of
supportive services to assist children with activities necessary for
finding an appropriate place of residence, completing an education
or vocational training, obtaining employment, or obtaining other
similar services;
70. 72. "Temporary custody" means court-ordered custody of an
adjudicated deprived child;
71. 73. "Therapeutic foster family home" means a foster family
home which provides specific treatment services, pursuant to a
therapeutic foster care cont ract, which are designed to r emedy
social and behavioral problems of a foster child residing in the
home;
72. 74. "Trafficking in persons" means sex trafficking or
severe forms of trafficking in persons as described in Section 7102
of Title 22 of the Unit ed States Code:
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a. "sex trafficking" means the recruitment, harboring,
transportation, provision, obtaining, patronizing or
soliciting of a person for the purpose of a commercial
sex act, and
b. "severe forms of trafficking in persons " means:
(1) sex trafficking in which a commercial sex act is
induced by force, fraud, or co ercion, or in which
the person induced to perform such act has not
attained eighteen (18) years of age, or
(2) the recruitment, harboring, transportation,
provision, obtaining, patronizi ng or soliciting
of a person for labor or services, through the
use of force, fraud, or coercion for the purpose
of subjection to inv oluntary servitude, peonage,
debt bondage, or slavery;
73. 75. "Transitional living program " means a residential
program that may be attached to an exi sting facility or operated
solely for the purpose of assisting children to develop the skills
and abilities necessary for successful adult living . The program
may include, but shall not be limited to, reduced staff supervision ,
vocational training, educat ional services, employment and employment
training, and other appropriate independent living skills training
as a part of the transitional living program; and
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74. 76. "Voluntary foster care placement " means the temporary
placement of a child by the parent, legal guardian or custodian of
the child in foster care pursuant to a signed placement agreement
between the Department or a child -placing agency and the child's
parent, legal guardian or custodian.
SECTION 2. NEW LAW A new sectio n of law to be codified
in the Oklahoma Statutes as Section 1-4-815 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. The court may establish a Minor’s Public Guardianship
between a child and the Office of Public Guard ian if the court
agrees a guardianship is in the child’s best interest and that all
of the following conditions are substantially satisfied:
1. The child has been adjudicated to be a deprived child;
2. The parent(s) has:
a. had his or her parental rights terminated,
b. failed to be identified o r has not been located
despite reasonably diligent efforts to ascertain the
whereabouts of the parent , or
c. died;
3. The child has been assessed as developmentally disabled;
4. The child consents to the guardians hip if the court finds
the child to be of sufficient intelligence, understanding, and
experience to provide consent or the court receives a recommendation
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from the child’s guardian ad litem that the guardianship is in the
child’s best interest;
5. Termination of the parent’s rights is either not legally
possible because the parent has not been located or is deceased, or
termination has occurred and adoption is not the permanency plan for
the child;
6. The Office of the Public Guar dian agrees and is commit ted to
providing oversight of placement a nd care for the child until the
child reaches the age of majority and to preparing the child for
adulthood;
7. The Office of the Public Guardian agrees not to return the
child to the care of the person from whom th e child was removed nor
to allow visitation without the approval of the court; and
8. A specific family-like placement for the child has been
identified by the Developmental Disabilities Services Division of
Oklahoma Human Service s, and the child has been residing in the
placement for at least o ne (1) year.
B. In proceedings for a Minor’s Public Guardianship, the court
shall give primary consideration to the physical and behavioral
health needs of the child.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-4-816 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
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A. The district attorney or child’s attorney shall file a
motion for a Minor’s Public Guardianship with the juvenile court in
the deprived case. The motion shall be verified by the Off ice of
Public Guardian and shall include the following:
1. The name, gender, and date of birth of the child;
2. The facts and circumstances sup porting the grounds for a
Minor’s Public Guardianship;
3. A statement that the Office of Public Guardian agrees to
accept the duties and responsibility of a Minor’s Public
Guardianship, and that the Office of Public Guardian will be
responsible for oversi ght of placement and care for the child until
the child reaches the age of majority;
4. Whether the child has resid ed in the placement prior to the
motion being filed, and if so, the length of time and the
circumstances surrounding the child’s stay in the placement; and
5. Whether there exists a caring, emotional t ie between the
child and the placement.
B. Notice of the hearing as well as a copy of the motion shall
be served upon the parties, the Department of Human Services, and
the guardian ad litem of the child. Notice shall also be sent to
the tribe of an Indi an child as defined by the federal Indian Child
Welfare Act. Service shall not be required on the parent whose
rights have been previously terminated.
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C. Before issuing an order of a Minor’s Pu blic Guardianship,
the court shall find by clear and convinci ng evidence all of the
following:
1. Termination of parental ri ghts is either not legally
possible because the parent has not been located or is deceased, or
termination has occurred and adoptio n is not the permanency plan for
the child;
2. The child has resided in his or her current placement for at
least one (1) year;
3. A Minor’s Public Guardianship is in the best interests of
the child; and
4. The Office of Public Guardian has expressly commit ted to
remain the guardian to maintain oversight of place ment and care for
the duration of the child’s minority.
D. Upon finding that grounds exist for a Minor’s Public
Guardianship, the court may also order visitation with siblings or
other relatives of the child if such co ntact would be in the child’s
best interests as well as any other provision necessary to provide
for the child’s continuing safety and well -being. The court shall
order the parents to contribute to the support of the child pursuant
to child-support guidelines as provided for in Sections 118 and 119
of Title 43 of the Oklahoma Statutes.
E. An order establishing a Minor’s Public Guardianship and
appointing the Office of Public Guardian shall:
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1. Require that the circumstances of the pla cement and well-
being of the child be reviewed within one (1) year after appointment
and each year thereafter, and may require the Office of Public
Guardian to submit any records or reports the court deems necessary
for purposes of such review ;
2. Divest the Department of le gal custody of the child.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-4-817 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. A motion for modification or termination of the guardian ship
may be filed by the Office of Public Guardian, the child, or the
district attorney. A modification or termination may also be
ordered by the court on its own initiative. An order for
modification or termination o f the Minor’s Public Guardianship may
only be entered after notice and opportunity for hearing and shall
be based on a finding that there has been a substantial chang e of
material circumstances including, but not limited to, the followi ng:
1. The Office of Public Guardian is unable to properly exercise
oversight over placement and care of the child ;
2. The child has been abused or neglected in placement, under
the oversight of the Office of the Public Guardian.
B. The court shall appo int a guardian ad li tem for the child in
any proceeding for modification or termination of a Minor’s Public
Guardianship.
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C. The court may modify or terminate the order granting a
Minor’s Public Guardianship upon a finding by clear and convincing
evidence that there has been a substantial change in material
circumstances and that a modification or termination of the
guardianship is in the child’s best interest.
SECTION 5. This act shall become effective November 1, 2024.
Passed the House of Representatives the 4th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate