OK
Oklahoma House Bill HB1930

Oklahoma 2024 Regular Session

Oklahoma House Bill HB1930 Compare Versions

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334 BILL NO. 1930 By: McCall, Hill, and
435 Crosswhite Hader of the
536 House
637
738 and
839
940 Burns of the Senate
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1647 An Act relating to children; amending 10 O.S. 2021,
1748 Section 7505-3.2, which relates to adoption;
18-modifying amount that may be expended; and
19-providing an effective date .
49+modifying amount that may be expended; and providing
50+an effective date.
2051
2152
22-SUBJECT: Children
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2356
2457 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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2658 SECTION 1. AMENDATORY 10 O.S. 2021, Section 7505 -3.2, is
2759 amended to read as follows :
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2960 Section 7505-3.2 A. 1. An affidavit shall be attached to the
3061 petition for adoption, or may be filed after the filing of the
3162 petition for adoption, but prior to the final decree of adoption,
3263 which discloses to the court all of the costs, funds, or moni es
3364 expended by the adoptive family or ex pected to be expended in
3465 connection with the adoption of a minor.
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3693 2. No final decree of adoption shall be entered until the court
3794 is satisfied that all costs and expenses have been disclosed, are
3895 reasonable, and that the costs and expenses do not violate the
3996 provisions of subsection B of this s ection. Upon its review of the
4097 affidavit of monies expended, the court shall in wri ting disapprove
4198 any expenditure that the court deems unreasonable or in violation of
4299 Sections 865 through 870 of Title 21 of the Okl ahoma Statutes and,
43100 to the extent necess ary to comply with Oklahoma law, shall order
44101 reimbursement of any consideration give n in violation of Sec tions
45102 865 through 870 of Title 21 of the Oklahoma Statutes. Payments m ade
46-pursuant to this section shall not be a violation of Sections 865 ENR. H. B. NO. 1930 Page 2
103+pursuant to this section shall not b e a violation of Sections 865
47104 through 870 of Title 21 of the Oklahoma Statutes. Court approval of
48105 the affidavit of monies e xpended shall not exe mpt a person, attorney
49106 or licensed child-placing agency from prosecutio n if the information
50107 provided to the court is fraudulent or false.
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52108 B. 1. Except as otherwise specifically provided by law, the
53109 following list of adoption -related costs and expenses sp ecified in
54110 this paragraph may be deemed proper items for a person to pa y in
55111 connection with an adoption:
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57112 a. reasonable attorney fees and court costs,
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59113 b. reasonable medical expenses for birth mother and minor
60114 to be adopted,
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62142 c. reasonable adoption counseling expenses for birth
63143 parents before and after the birth of the minor, no t
64144 to exceed six (6) months from placemen t of the minor,
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66145 d. reasonable fees of a licensed child-placing agency,
67146 including social services staff fees provided by
68147 agency employees that inc lude:
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70148 (1) casework services,
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72149 (2) adoptive child and family studies,
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74150 (3) placement services,
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76151 (4) certification of agency facilities,
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78152 (5) admission assessments, and
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80153 (6) service planning,
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82154 e. (1) reasonable and necessary living expenses of the
83155 birth mother that are incurred during the
84156 adoption planning process or during the
85157 pregnancy, not to exceed two (2) months after the
86158 birth of the minor or after the co nsent or
87159 relinquishment of the birth mother. Reasonable
88160 and necessary living expense s include but are no t
89161 limited to:
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91-(a) housing expenses, ENR. H. B. NO. 1930 Page 3
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162+(a) housing expenses,
93163 (b) utilities, such as electric, gas , water, or
94164 telephone bills,
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96192 (c) food for the birth mother and any minor
97193 child of the birth mother residing in the
98194 home of the birth mother,
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100195 (d) travel expenses for transportation to
101196 support the pregnancy, such as gasoline, bus
102197 fares, or providing for the temporary use of
103198 a vehicle during the pr egnancy, and
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105199 (e) child care or foster c are for any minor
106200 child of the birth mother associated with
107201 pregnancy-related medical care.
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109202 (2) Reasonable and necessary living expenses shall
110203 not include:
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112204 (a) any expenses met by existing resources of
113205 the birth mother,
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115206 (b) any expenses used for the suppor t of family
116207 members who are not minor children of the
117208 mother,
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119209 (c) any expenses for recreational or leisur e
120210 activities, and
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122211 (d) the purchase or gift of an automobile,
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124212 f. reasonable expenses for a home study,
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126213 g. reasonable and necessary costs associated with an
127214 international adoption,
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129242 h. reasonable expenses legally required by any
130243 governmental entity related to the adoption of a
131244 minor, and
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133245 i. a one-time gift to the birth mother fro m the
134246 prospective adoptive parents of no greater value than
135247 One Hundred Dollars ($100.00).
136- ENR. H. B. NO. 1930 Page 4
137248 2. In addition, all expenses approved by the court should be
138249 commensurate with other customa ry fees for similar services by
139250 persons of equivalent experience and tra ining where the services are
140251 performed. Any services provided outside this sta te shall be
141252 allowed in an amount as if the services had been performed within
142253 the State of Oklahoma.
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144254 3. The provisions of this subsection shall apply to living and
145255 transportation expenses incurred after the biologica l mother of the
146256 minor contacts the chil d-placing agency or attorney for adoption
147257 services.
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149258 4. The provisions of this subsec tion shall not prohi bit a court
150259 from extending any time period, or including any additional costs
151260 and expenses in connection with an adoption other than those
152261 specified in this subsection based on unusual circumstances or need.
153262 If additional costs and exp enses in connection with an adoption are
154263 approved by the court, the court shall specify in w riting the
155264 unusual circumstances that ju stify the approval.
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157292 5. Except as otherwise ordered by the court except for good
158293 cause shown, all payments made pursuant to this section shall b e
159294 paid directly to the third -party provider of services or goods. Any
160295 living expense paid on behalf of a birth mother in a domestic
161296 adoption which is not supported by an itemized receipt shall not be
162297 allowed for payment. If gift cards are issued to pay expenses, an
163298 itemized receipt verifying purchases shall be required for a pproval
164299 by the court. The accounting sh all include vouchers for all monies
165300 expended, copies of all checks written and receipts for all cash
166301 payments attesting to t he accuracy of the a ccounting.
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168302 6. No person, attorney or licensed child -placing agency shall
169303 have a financial interest in a third -party provider of services or
170304 goods, without disclosing in an affidavit the financial interest to
171305 the court and the other par ties to the adoption .
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173306 C. Any person, attorney, or licensed child -placing agency
174307 desiring to pay living and transportation expenses on behalf of a
175308 birth mother is authoriz ed to expend an initial amount not to exceed
176309 One Thousand Dollars ($1,000.00) Three Thousand Five Hundred Dolla rs
177310 ($3,500.00) plus deposits for housing a nd utilities for such co sts
178311 and expenses without first obtaining court approval as required by
179312 paragraph 1 of subsection D of this section. Any such costs and
180313 expenses shall be disclosed as is otherwise required by the Oklahoma
181-Adoption Code. ENR. H. B. NO. 1930 Page 5
314+Adoption Code.
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183342 D. 1. Except for the amount author ized by subsection C of this
184343 section, the payment of any living or transportati on expenses for
185344 benefit of the birth mother as authorized in subparagraph e of
186345 paragraph 1 of subsection B of this section shall be approved in
187346 advance by the court.
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189347 2. The person, attorney, or licensed child-placing agency
190348 desiring to pay living or trans portation expenses on behalf of a
191349 birth mother which exceed the amount in subsection C of this section
192350 shall file a petition for an order approving payme nt of adoption-
193351 related expenses.
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195352 3. The petition for an order a pproving payment of adoption-
196353 related expenses shall be filed in the district court where the
197354 adoption petition is to be file d, as provided in Section 7502 -1.2 of
198355 this title.
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200356 4. The petition shall be captioned: "In the matter of Baby
201357 (name)." The petition shall include a listing of all anticip ated
202358 living or transportation expenses to be paid on behalf of the birth
203359 mother for which court approval is being sought. If additional
204360 expenditures not previously authorized b y the court are needed on
205361 behalf of the birth mother, an amended petition may b e filed with
206362 the court.
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208363 5. The petition shall be heard by the court within ten (10)
209364 days of filing. The court clerk shall charge the same cost for a
210365 petition for payment of ex penses as is charged for the filing of a n
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211393 adoption petition. In the event an a doption petition is later filed
212394 in the same county, the adoption petition shall be fi led as an
213395 amended petition within the same case in which payment for expenses
214396 was approved and no additional court costs shall be re quired. In
215397 the event a petition for pr eadoption termination of parental rights
216398 is later filed in the same county, the court clerk shall not assess
217399 an additional filing fee and may use the sam e case number as for the
218400 petition for adoption.
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220401 6. Any order authorizing payment shall be attached to a
221402 petition for adoption. If no adoption petition is filed, the court
222403 shall retain jurisdiction to enter any orders deemed appropriate
223404 regarding the reimbursement of costs and e xpenses paid. If the
224405 child is placed for adoption outside the State of Oklahom a, any such
225-order shall be submitted to the Interstate Compact of the Placement ENR. H. B. NO. 1930 Page 6
406+order shall be submitted to the Interstate Compact of the Placement
226407 of Children and to the court in the other state where the petition
227408 for adoption is to be filed.
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229409 E. 1. In addition to the adoptive famil y affidavit requirement
230410 of subsection A of this section, a Disclosure Statement of Adoption -
231411 related Costs and Expenditures s hall be prepared in writing by the
232412 person, attorney or child -placing agency in a direct-placement
233413 adoption. The Disclosure Statemen t of Adoption-related Costs and
234414 Expenditures shall include a declaration of all fees, expenses, and
235415 costs charged or expecte d to be charged for the adoption including,
236416 but not limited to, the following:
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238444 a. retainer fees, the hourly rate, and the number of
239445 hours billed for the adoption,
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241446 b. any fee charged for preplacement or other home studies
242447 of any prospective birth parents, r egardless of
243448 whether the home study was performed by an outside
244449 agency,
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246450 c. any costs, fees or expenses or any other thing of
247451 value paid to or on behalf of the birth parent s
248452 related to the adoption of a minor by any party other
249453 than the adoptive parents, an d
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251454 d. any other fees and expenses related to the adoption
252455 not otherwise specifically listed i n this section.
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254456 2. The Disclosure State ment of Adoption-related Costs and
255457 Expenditures containing true and accurate information shall be filed
256458 before or when the f inal decree of adoption is ordered in each
257459 adoption of a minor in th is state. A statutory D isclosure Statement
258460 of Adoption-related Costs and Expenditures is provided in S ection 2
259461 7505-3.3 of this act title. A copy of the statement shall be a
260462 public record to be compiled and maintained by the court clerk and
261463 available for public inspect ion; provided, that any information
262464 identifying the person, attorney or child-placing agency in the
263465 direct adoption shall be redacted from the document prior to filing
264466 with the court clerk and shall not be made public. In addition, the
265467 identity of the child, the adoptive parents, and the birth parents
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266495 shall be redacted from the document prior to filing wit h the court
267496 clerk and shall not be made public .
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269497 SECTION 2. This act shall become effective November 1, 2023.
270- ENR. H. B. NO. 1930 Page 7
271-Passed the House of Representatives the 21st day of March, 2023.
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276- Presiding Officer of the House
277- of Representatives
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280-Passed the Senate the 27th day of April, 2023.
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285- Presiding Officer of the Senate
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288-OFFICE OF THE GOVERNOR
289-Received by the Office of the G overnor this ____________________
290-day of ___________________, 20_______, at _______ o'clock _______ M.
291-By: _________________________________
292-Approved by the Governor of the State of Oklahoma this _____ ____
293-day of ___________________, 20_______, at _______ o'clock _______ M.
294-
295-
296- _________________________________
297- Governor of the State of Oklahoma
298-
299-OFFICE OF THE SECRETARY OF STATE
300-Received by the Office of the Secretary of State this __________
301-day of ___________________, 20_______, at _______ o'clock _______ M.
302-By: _________________________________
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498+COMMITTEE REPORT BY: COMMITTEE ON JU DICIARY
499+April 11, 2023 - DO PASS