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SENATE FLOOR VERSION
April 9, 2024
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 1048 By: Lawson of the House
and
Rosino of the Senate
[ children – definitions - public guardianship of a
minor - 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 As 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
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communication in which incident al or token visits or
communication are not considered significant, or
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 no
provision in the Oklahoma Children ’s Code shall be construed to
prohibit any parent from using ordinary force as a means of
discipline including , but not limited to, spanking, switching, or
paddling. As used in the Oklahoma Children’s Code:
a. “Harm “harm or threatened harm to the health or safety
of a child” means any real or threatened 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.,
b. “Sexual “sexual abuse” includes but is not limited 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 wel fare of the
child., and
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c. “Sexual “sexual exploitation” includes but is not
limited to allowing, permitting, encouraging, 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 res ponsible for the health,
safety, or welfare of a child, or allowing,
permitting, encouraging, or engaging in the lewd,
obscene, or pornographic, as defined by law,
photographing, filming, or depicting of a child in
those acts by a person responsible for th e 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 behavioral
capacities that are typical for an age or age group,
and
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b. in the case of a specific child, activities or items
that are suitable for th at child based on the
developmental stages attained by the child with
respect to the cognitive, emotional, physical, a nd
behavioral capacities of the specific child.
In the event that any age -related activities have implications
relative to the academic cu rriculum 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 or
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 r eview of child safety
and evaluation of family functioning and protective capacities that
is conducted in response to a child abuse or neg lect 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 ab use, or co-occurring mental
health and substance abuse treatment;
8. “Child” means any unmarried person under eightee n (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
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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 population of a district attorney ’s
district, as follows:
a. nonurban centers in district s with child populations
that are less than sixty thousand (60,000), and
b. midlevel nonurban centers in districts wit h 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 as
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 program;
12. “Children’s emergency resource center ” means a community-
based program that ma y provide emergency care and a safe and
structured homelike environment or a host home for children
providing in crisis who are in the custody of the Department of
Human Services if permitted under the Department ’s policies and
regulations or who have been voluntarily placed by a parent or
custodian during a temporary crisis. Such centers may provide:
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a. food, clothing, shelter, and hygiene products to each
child served;,
b. after-school tutoring;,
c. counseling services;,
d. life-skills training;,
e. transition services;,
f. assessments;,
g. family reunification ;,
h. respite care;,
i. transportation to or from school, doctors ’
appointments, visitations , and other social, school,
court, or other activities when necessary ;, and
j. 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 have been voluntarily placed by a
parent or custodian during 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 evaluation.
Community-based services and programs may include , 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,
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social, preventive and psychological guidance, training, counseling,
early intervention and diversionary substance abuse treatment,
sexual abuse treatment, transitional living, independent living, and
other related services and programs;
14. “Concurrent permanency planning ” means, when indicated, the
simultaneous implementation of two plans for a child entering foster
care. One such plan focuses shall focus on reuniting the parent and
child;, while the other seeks to find plan shall seek a permanent
out-of-home placement for the child with 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 appointed by the court, serves as an officer of the
court in the capacity as a guardian ad litem;
16. “Court-appointed special advocate program ” means an
organized program, administered by either an independent, not-for-
profit corporation, a dependent project of an independent, not -for-
profit corporation, or a unit 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 custodian, to whom legal custody of the child
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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, a group home, a foster home , or a
residential child care facility. Day treatment programs include ,
but are not limited to , educational services;
19. “Department” means the Department of Human Services;
20. “Dependency” means a child who is homeless or without
proper care or guardianship through no fau lt 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,
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 other person responsible for
the health or welfare of the child,
e. who is a child in need of special care and trea tment
because of the child ’s physical or mental condition ,
and the child’s parents, legal guardian, or other
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custodian is unable or willfu lly fails to provide such
special care and treatment. As used in this paragraph
subparagraph, 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, pursuant to a drug or
alcohol screen of the child and an assessment of the
parent, is determined to be at r isk 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 provided to similarly
situated children without a disability or children
with disabilities; provided , that no medical treatment
shall be necessary if, in the r easonable 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,
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h. whose parent, legal guardian , or custodian for good
cause desires to be relieved of custody,
i. who has been born to a parent whose parental rights to
another child have been involuntari ly terminated by
the court and the conditions which led to the making
of the finding, which resulted in 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 t he sole reason the parent, legal
guardian, or person having custody or control of a child, in good
faith, selects and depends upon spiritu al 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.
Evidence of material, educational , or cultural disadvantage as
compared to other children shall not be sufficient to prove that a
child is deprived; the state shall prove that the c hild is deprived
as defined pursuant to this title.
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Nothing contained in this paragraph shall prevent a court from
immediately assuming cu stody 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 impair ment or
combination of mental and physical impairments,
b. manifests before the person is twenty -two (22) years
of age,
c. is likely to continue indefinitely,
d. results in substantial functional limitations in three
or more of the following major life activity areas:
(1) self-care,
(2) receptive and expressive language,
(3) learning,
(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 services which are of
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lifelong or extended duration an d are individually
planned and coordinated.
The term developmental disability shall not include persons with
mental illness as defined by Section 1-103 of Title 43A of the
Oklahoma Statutes, whose sole disability 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 r isk 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 any of these such acts, by
a person responsible for the health, safety , or welfare of the
child, as defined in this section. This The term includes
circumstances wherein the substance abuse of the person responsible
for the health, safety , or welfare of the child interferes with that
person’s ability to parent and provide a safe a nd nurturing
environment 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;
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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 buildings 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 non-abusing parent or guardian who knows the
identity 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 neglect;
27. 28. “Family-style living program ” means a residential
program providing sustained care and supervision to residents in a
homelike environment not locate d 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
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
The term shall include includes a nonkinship non-kinship foster
family home, a therapeutic foster family home, or the home of a
relative or other kinship care home;
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30. 31. “Foster parent eligibility asses sment” includes a
criminal background investigation including , 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 Juvenile Affairs,
or any child-placing agency pursuant to the provisions of the
Oklahoma Child Care Fa cilities 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 includes a
court-appointed special advocate as well as to and any other person
appointed pursuant to the provisions of Section 1-4-306 of this
title to serve as a guardian ad litem;
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 full -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 threatened physical, mental, or emotional
injury or damage to the body or mind that is not accidental
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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 the 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,
h. chronic abuse including , but not limited to, physical,
emotional, or sexual abuse, or sexual exploitation
which is repeated or continuing,
i. torture that includes , but is not limited to ,
inflicting, and participating in or assisting in
inflicting intense physical or emotional pain upon a
child repeatedly over a period of time for the purpose
of coercing or terrorizing a child or for the purpose
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of satisfying the craven, cruel, or prurient des ires
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 resulted 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 immi nent risk of serious
harm to a child, or
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 such terms are
used in the Oklahoma Children ’s Code;
38. 39. “Infant” means a child who is twelve (12) months of age
or younger;
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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” An 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
credible evidence, that child abuse or neglect
has occurred. When child abuse or neglect is
substantiated, the Department may recomme nd:
(a) court intervention if the Department finds
the health, safety, or welfare of the child
is threatened, or
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(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 t o 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 specialist has determined,
after an investigation of a report of child abuse
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;
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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 or to whom has been ascribed a family
relationship role with the child ’s parents or the child , or both;
provided, however, in cases where the Indian Child Welfare Act of
1978 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 the same as defined by the
Inpatient Mental Health and Substance Abuse Treatment of Minors Act;
45. 46. “Minor” means the same as the term “child” 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 the same 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 sexua l
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”
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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, a s 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 reasonab le 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,
(2) the failure or omission to protect a chi ld from
exposure to any of the following:
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(a) the use, possession, sale, or manufacture 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 eng ages in
independent activities, except if the person
responsible for the child ’s health, safety, or welfare
willfully disregards any harm or threatened 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 temperature inside
the vehicle is not or will not become dangerously
hot or cold, except under the conditions
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described in Section 11 -1119 of Title 47 of the
Oklahoma Statutes, o r
(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 f aith,
selects and depends upon spiritual means alone through prayer, in
accordance with the tenets and practice of a r ecognized church or
religious denomination, for the treatment or cure of disease or
remedial care of such child. Nothing contained in thi s 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 Guardian” means the Office of Public
Guardian within the Department 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 deprived child when a parent -child relationship no
longer exists due to termination of parental rights or due to the
death of a parent or parents;
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52. 54. “Permanent guardianship” means a judicially created
relationship between a child, 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. a parent;,
b. a legal guardian;,
c. a custodian;,
d. a foster parent;,
e. a person eighteen (18) years of age or older with whom
the child’s parent cohabitates or any other adult
residing in the home of the child ;,
f. an agent or employee of a public or private
residential home, institution, facility , or day
treatment program as defined in Section 175 .20 of
Title 10 of the Oklahoma Statutes ;, or
g. an owner, operator, or employee of a child care
facility as defined by Section 402 of Tit le 10 of the
Oklahoma Statutes;
54. 56. “Plan of safe care” means a plan developed for an
infant with Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum
Disorder upon release from the care of a health care provider that
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addresses the health and subs tance use treatment needs of the infant
and mother or caregiver;
55. 57. “Protective custody” means custody of a chil d taken by
a law enforcement officer or designated employee of the court
without a court order;
56. 58. “Putative father” means an alleged father as that such
term is defined in Section 7700 -102 of Title 10 of the Oklahoma
Statutes;
57. 59. “Qualified residential treatment 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 scope of their practice
as defined by the laws of this state,
(2) are on-site according to the treatment model
referred to in subparagraph a of this paragraph,
and
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(3) are available twenty-four (24) hours a day and
seven (7) days a week,
c. to the extent appropriate , and in accordance with t he
child’s best interest, facilitates participation of
family members in the child ’s treatment program,
d. facilitates outreach to the fam ily members of the
child including siblings, documents how the outreach
is made including contact information, and maintains
contact information for any known biological family of
the child,
e. documents how family members are integrated into the
treatment process for the child including post -
discharge, and how sibling connections are maintained,
f. provides discharge pla nning and family-based aftercare
support for at least six (6) months post -discharge,
and
g. is licensed and accredited by any of the follo wing
independent, not-for-profit organizations:
(1) The the Commission on Accreditation of
Rehabilitation Facilities (CARF),
(2) The the Joint Commission on Accreditation of
Healthcare Organizations (JCAHO) ,
(3) The the Council on Accreditation (COA), or
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(4) any other federally approved independent, not -
for-profit accrediting organization;
58. 60. “Reasonable and prudent parent standard” means the
standard characterized by careful and sensible parental decisions
that maintain the health, safety, and best i nterests of a child
while at the same time encouraging the emotional and developmental
growth of the child. This Such standard shall be used by the
child’s caregiver when determining whether to allow a child to
participate in extracurricular, enrichment, cultural, and social
activities. For purposes of this definition, the term “caregiver”
means a foster parent with who m 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 r esidential 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 parents 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 the future;
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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 permane nt disability
or injury, illness, or death;
64. 66. “Safety analysis” means action taken by the Department
in response to a report of all eged child abuse or neglect that may
include an assessment or investigation based upon an analysis of the
information received according to priority guidelines and other
criteria adopted by the Department;
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 physi cal restraint
in order to control behavior of its residents;
67. 69. “Sibling” means a biologically or legally relate d
brother or sister of a child. This The term includes an individual
who satisfies at least one of the following conditions with respect
to a child:
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a. the individual is considered by state law to be a
sibling of the child, or
b. the individual would have been considered 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 whic h:
a. has been certified by the Developmental Disabilities
Services Division of the Department of Human Services,
b. is monitored by the D ivision, and
c. is funded through the Home- and Community-Based Waiver
Services Program home- and community-based services
administered by the Division;
69. 71. “Successful adulthood program ” means a program
specifically designed to assist a child to enha nce 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 w ith activities necessary for
finding an appropriate place of residence, completing an education
or vocational training, obtaining employment, or obtaining other
similar services;
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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 s ervices, pursuant to a
therapeutic foster care contract , which are designed to remedy
social and behavioral problems of a foster child res iding 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 United States Code 22 U.S.C., Section 7102 :
a. “sex trafficking” means the recruitment, har boring,
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, frau d, or coercion, 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, patronizing , or soliciting
of a person for labor or services, through t he
use of force, fraud, or coercion for the purpose
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of subjection to involuntary servitude, peonage,
debt bondage, or slavery;
73. 75. “Transitional living program ” means a residential
program that may be attached to an existing 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, educational services, employment and e mployment
training, and other appropriate independent living skills training
as a part of the transitional living prog ram; and
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 section 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 follo ws:
A public guardianship of a minor between a child and the Office
of Public Guardian may be established if:
1. The child has been adjud icated to be a deprived child;
2. The parent or parents have:
a. had parental rights terminated but adoption is not the
permanency plan for the child , or
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b. not had parental rights terminated because the parent
has died or has not been identified or located despite
reasonably diligent efforts to ascertain his or her
identity or location ;
3. The Office of Public Guardian agrees to:
a. provide oversight of placement and care for the child
until the child reaches the age of majority and to
prepare the child for adulthood, and
b. not return the child to the care of the person from
whom the child was removed nor allow visitation
without the approval of the court; and
4. A family-like placement for the child has been identified by
the Developmental Disabilities Services Division of the Department
of Human Services and the child has been residing in such placement
for at least one (1) year.
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:
A. The district attorney or attorney for a child may file a
motion for a public guardianship of a minor with the juvenile court
in the case adjudicating the child as depriv ed. The motion shall be
verified by the Office of Public Guardian and shall include:
1. The name, gender, and date o f birth of the child;
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2. The facts and circumstances supporting the grounds for a
public guardianship of a minor;
3. A statement that th e proposed public guardianship of a minor
satisfies the requirements set forth in Section 2 of this act ; and
4. The length of time and the circumstances surrounding the
child’s stay in the current placement and whether there exists a
caring, emotional tie between the child and the placement.
B. The court shall set a hearing on the motion and provide
notice of the hearing and a copy of the motion to 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 Indian child as
defined by the federal Indian Child Welfare Act of 1978. Notice
shall not be required for a parent whose parental rights have been
terminated.
SECTION 4. NEW LAW A new section of law to be c odified
in the Oklahoma Statutes as Section 1-4-817 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. In determining whether to issue an order for a public
guardianship of a minor, the court shall give primary consider ation
to the physical and behavioral health needs of the child. The court
shall issue an order for a public guardianship of a minor if:
1. The court determines it is in the best interest of the
child;
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2. The child consents to the guardianship if the cou rt finds
the child to be of sufficient intelligence, understanding, and
experience to provide consent or receives a re commendation from the
child’s guardian ad litem that the guardianship is in the best
interest of the child; and
3. The court finds by clear and convincing evidence that the
proposed public guardianship of a minor satisfies the requirements
set forth in Section 2 of this act.
B. Upon issuing an order for a public guardianship of a minor,
the court may order visitation with siblings or other relatives of
the child if such contact would be in the child ’s best interest and
may issue any other order necessary to provide for the child ’s
continuing safety and well -being. Unless parental rights have been
terminated, the court shall order the paren t or parents of the child
to contribute to the support of the child pursuant to child support
guidelines as provided in Sections 118 and 119 of Title 43 of the
Oklahoma Statutes.
C. An order establishing a public guardianship of a minor and
appointing the Office of Public Guardian:
1. Shall require that the circumstances of the placement and
well-being of the child be r eviewed within one (1) year after
appointment and each year thereafter, and may require the Office of
Public Guardian to submit any record s or reports the court deems
necessary for purposes of such review; and
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2. May dismiss the deprived action; provided, the order for
public guardianship of a minor shall remain in full force and effect
with continuing jurisdiction of the court where the de prived action
was pending.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -4-818 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. A motion for modification or termination of a public
guardianship of a minor may be filed by the Office of Public
Guardian, the attorney for the child, or the district attorney , or
may be ordered by the court. The court shall appoint a guardian ad
litem for the child in a proceeding for modification or termination.
An order for modification or termination may only be entered after
notice and opportunity for hearing .
B. The court shall enter an order for modification or
termination if:
1. The court determines the modifica tion or termination is in
the best interest of the child; and
2. The court finds by clear and convincing evidence that there
has been a substantial change of material circumstances including
but not limited to:
a. the Office of Public Guardian is unable t o properly
exercise oversight over placement and care of the
child; or
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b. the child has been abused or neglected in pl acement
under the oversight of the Office of Public Guardian.
SECTION 6. This act shall become effective November 1, 2024 .
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 9, 2024 - DO PASS AS AMENDED BY CS