Oklahoma House Bill HB1048 Latest Draft

                             
 
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ENGROSSED SENATE AMENDMENT 
TO 
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 ] 
 
 
 
 
AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause 
and entire bill and insert 
 
 
“[ 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:   
 
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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 
c. the failure to respond to notice o f 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 inc luding but not limited 
to sexual abuse, sexual exploitation, neglect, or 
dependency.,   
 
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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 welfare of the 
child., and 
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 a ge or 
older or by a person responsible 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 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   
 
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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 
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. 
In the event that any age -related activities have implicatio ns 
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 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 review of child safety 
and evaluation of family functioning 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   
 
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continuum of mental health, substance abuse, or co -occurring mental 
health and substance abuse treatment; 
8.  “Child” means any unmarried person under eighteen (18) years 
of age; 
9.  “Child advocacy center” means a center and the 
multidisciplinary child abuse team o f 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 population of a district attorney’s 
district, as follows: 
a. nonurban centers in districts with child populations 
that are less than sixty thousand (60,000), and 
b. midlevel nonurban centers in districts with 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 profess ional; 
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;   
 
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12.  “Children’s emergency resource center” means a c ommunity-
based program that may 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 an d 
regulations or who have been voluntarily placed by a parent or 
custodian during a temporary crisis.  Such centers may provide: 
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 ;   
 
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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, 
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 purs ued 
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-  
 
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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 
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 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, 
c. who has been abused, neglected, or is dependent,   
 
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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 treatment 
because of the child’s physical or mental condition , 
and the child’s parents, legal guardian, or other 
custodian is unable or willfully 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 risk of harm or 
threatened harm to the health or safety of a child, 
f. who is a child with a disability depri ved 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   
 
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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 custody, 
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 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 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   
 
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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 child is deprived 
as defined pursuant to this title. 
Nothing contained in this paragraph shall prevent a cour t 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. 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,   
 
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(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 
lifelong or extended duration and 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 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 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 and nurturing 
environment for the child;   
 
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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 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 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 
for a child in foster placement including , but not limited to, the   
 
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care, supervision, guidance, and rearing of a foster child by the 
foster parent; 
29. 30. “Foster family home” means the private r esidence 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; 
30. 31. “Foster parent eligibility assessment” 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 Facilities Licensing Act; 
31. 32. “Guardian ad litem” means a person appointed by the 
court pursuant to the p rovisions 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;   
 
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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 o f 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; 
35. 36. “Heinous and shocking abus e” 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,   
 
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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 
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 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 imminent 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   
 
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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; 
39. 40. “Institution” means a residential facility offering 
care and treatment fo r 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 follow ing 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 recommend:   
 
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(a) court intervention if the 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 d etermine 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 neg lect 
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;   
 
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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, o r 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 treatment 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 t reatment 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 t he 
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 threate ned 
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 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 engages 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   
 
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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 ch ild.  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 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   
 
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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 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 th e 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 Title 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   
 
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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; 
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 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 
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 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 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 interests 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 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 th e 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 p ursuant 
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 pre sent 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 
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 al l 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 a nd 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 The term includes an individual 
who satisfies at least one of the foll owing 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, suc h 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: 
a. has been certified by the Developmental Disabilities 
Services Division of the Department of Human Serv ices, 
b. is monitored by the Division, 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 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;   
 
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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 services , pursuant to a 
therapeutic foster care contract , which are designed to remedy 
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 United States Code 22 U.S.C., Section 7102 : 
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 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 the 
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 exist ing 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, educatio nal services, employment and employment 
training, and other appropriate independent living skills training 
as a part of the transitional living program; 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 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 public guardianship of a minor between a child and the Office 
of Public Guardian may be established if : 
1.  The child has been adjudicated 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 majo rity 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 deprived.  The motion shall be 
verified by the Office of Public Guardian and shall include: 
1.  The name, gender, and date of 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 the 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 th e 
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 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.  In determining whether to issue an order for a public 
guardianship of a minor, the court shall give primary consideration 
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 court finds 
the child to be of sufficient intelligence, understanding, and 
experience to provide consent or receives a recommendation 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 vis itation 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 parent 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 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; 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 jurisdic tion of the court where the deprived 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 f ollows: 
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 guardia n 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 modification 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 to properly 
exercise oversight over placement and care of the 
child; or   
 
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b. the child has been abused or neglected in placement 
under the oversight of the Office of Public Guardian. 
SECTION 6.  This act shall bec ome effective November 1, 2024. ” 
Passed the Senate the 24th day of April, 2024. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the ____ day of __________, 
2024. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives   
 
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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 7.     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 8.    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 9.    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 10.    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 11.  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