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SENATE FLOOR VERSION
April 4, 2023
ENGROSSED HOUSE
BILL NO. 1072 By: Talley of the House
and
Stanley of the Senate
An Act relating to children; amending 10A O.S. 20 21,
Section 1-4-703, which relates to investigation of
home conditions; requiring a court hearing;
instructing the court to assess report and make
certain determinations; and providing an effec tive
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-4-703, is
amended to read as follows:
Section 1-4-703. A. After a petition has be en filed, the court
may order the child to be examined and evaluated by a physician or
other appropriate professional to aid the court in making the proper
disposition concerning the child. The court may order a behavioral
health evaluation of a child as provided by the Inpati ent Mental
Health and Substance Abuse Treatment of Minors Act.
B. After adjudication and at the re quest of a judge in any
juvenile proceeding, the Department of Human Services shall
investigate the home conditions and environment of the child and the
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financial ability, occupation and ea rning capacity of the parent,
legal guardian or custodian of the ch ild. Upon request by the court
of another state, the Department may conduct a similar
investigation.
C. Within sixty (60) days of the start of each placeme nt of a
child in a qualified res idential treatment program as defined in
Section 1-1-105 of this title, the court shall set a hearing to:
1. Consider the assessment, dete rmination, and documentation
made by the qualified individua l conducting the asse ssment and
submitted as part of the Department's written report;
2. Determine whether the needs of the child can be met through
placement in a foster family home or, if not, determine whether
placement of the child in a qualified resi dential treatment pro gram
provides the most effective and appropriate level of care for the
child in the least restrictiv e environment;
3. Determine whether the child's current placement is
consistent with the short-term and long-term goals for the child, as
specified in the permanency plan for the child; and
4. Approve or disapprove the placement.
SECTION 2. This act shall become effective October 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 4, 2023 - DO PASS