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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1577 By: Prieto
AS INTRODUCED
An Act relating to guardianship; amending 30 O.S.
2021, Section 2-101, which relates to app ointment of
guardian of minor; prohibiting re moval of child from
certain shelter under specified circumstances;
modifying certain notice requirements; updating
statutory language; upda ting statutory reference; and
providing an effectiv e date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
SECTION 1. AMENDATORY 30 O.S. 2021, Section 2-101, is
amended to read as follows:
Section 2-101. A. The When the court of each a county, when it
appears determines it necessary or convenient, such court may
appoint guardians a guardian or guardians for the persons and
estates, or either, person or estate or both of them, of minors a
minor.
B. Such appointment may be made on the verified petition of a
relative or other pe rson in on behalf of such minor.
C. 1. Before making the appointment, the court may receive an
investigation and report regardi ng the background and home of the
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prospective guardian. The investig ation and report of the
prospective guardian and placement restrictions and requirements
shall be made pursuant to the requirements of the Oklahoma Adoption
Code. In determining whether to require a home study pursuant to
the provisions of this paragraph, the court shall balance the need
for a home study to prot ect the best interests of the minor with the
ability of the prospective guardian to pay for the home study.
2. a. Costs of the home study shall be assessed against any
private child-placing agency having custody of the
child, or the person having legal custody of the
child, or the prospective guardian or guardians of the
child.
b. (1) For any child in the custody of the Department of
Human Services or the Department Office of
Juvenile Justice Affairs, the applicable
Department or Office shall conduct or pro vide for
the home study for such child as required by the
Oklahoma Children’s Code or the Oklahoma Juvenile
Code.
(2) The Department of Human Services or the
Department Office of Juvenile Justice Affairs
shall not be required by any court to conduct o r
provide for a home study and report to the court
on guardianship placements for any child that is
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not in the custody of either the Department or
Office.
c. (1) No child temporarily residing in a licensed,
certified domestic violence shelter in this state
or another state shall be removed by an ex parte
order or without proper notice for an evidentiary
hearing for custody modification.
(2) No child temporarily residing in a licensed,
certified domestic violence shelter in this state
or another state shall be removed by a
guardianship custody order when a valid
protective order has been issued for the
custodial parent of the child.
3. An order appointing a guardian of the minor who has a parent
living or other person legally responsible for the child shall
comply with the provisions of Section 2 -108 of this title.
4. Except in the case of an emergency guardianship placement,
the court shall receive a background check for a prospective
guardian and all other household members eighteen (18) years of age
and older, consisting of a review of a national fingerprint -based
criminal background check or an Oklahoma State Bureau of
Investigation name-based criminal history background check, a search
of the Department of Corrections’ files maintained pursuant to the
Sex Offenders Registration Act, and a search of the child abuse and
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neglect information system (CANIS) maintained for review by
authorized entities by the Department of Human Services. The
Department may charge a fee not to exceed Thirty -five Dollars
($35.00) for each search performed pursuant to this paragraph . In
the case of an emergency placement, the court may waive the
requirement for a CANIS search if it cannot be obtained in a
reasonable time and the c ourt determines that it is in the minor ’s
best interest that the CANIS search be waived.
D. In addition, before Before making the appointment, the court
must shall cause notice of the hearing on the petition for
appointment of a guardian for a minor to be given in the form
required by the court to the minor if the minor has attained the age
of fourteen (14) as of the date the petition is filed. The court
shall also cause notice to be sent to the following persons:
1. The then-living parents of the minor and any other person
having custody of the minor, if such parent or person is not one of
the petitioners;
2. If the minor has no then -living parent, then to one of the
then-living grandparents who is not one of the petitioners and who
is not married to one of the petitioners; and
3. If there is no such then-living grandparent or if there is
no such then-living grandparent whose address is known to the
petitioner, then notice shall be given to an adult relative, if any,
of the minor residing in the county in which the petition was filed.
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E. Such notice and a copy of the petition for guardianship
shall be mailed to each person entitled to notice personally served
at least ten (10) days prior to the date set by the court for a show
cause hearing on the petition pursuant to this section, at that
person’s address as last-known to the petitioner , at least ten (10)
days prior to the date set by the court for hearing on the petition.
Provided, the court may direct a s horter notice period if the court
deems such shorter notice period to be appropriate under the
circumstances. If there is no person other than the mi nor who is
entitled to notice, or if the address of any person, other than the
minor, who is entitled to notice is not known to the petitioner, the
petition shall so allege. The court may dir ect that notice, other
than notice to the minor if the minor has attained the age of
fourteen (14), be waived or be given to any person or persons other
than the minor in such manner as the court determines and directs.
SECTION 2. This act shall become effective November 1, 2024.
59-2-2699 TEK 1/8/2024 10:52:25 AM