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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1701 By: Brooks
AS INTRODUCED
An Act relating to guardianship; creating the
Oklahoma Standby Guardianship Act; providing short
title; defining terms; authorizing written
designation for certain purposes; specifying required
contents of certain designation ; providing for
commencement of certain authority upon specified
event; requiring filing of certain petition;
requiring certain notice; requiring certain order
upon specified findings; requiring hearing under
certain circumstances; authorizing appointment of
guardian ad litem; authorizing appointment of stand by
guardian or alternate; specifying information to be
included in certain petition; allowing for revocation
of guardianship; permitting certain refusal;
providing for dismissal of guardianship under certain
circumstances; providing for review of standby
guardianship; providing for codification; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new sec tion of law to be codified
in the Oklahoma Statutes as Section 7-101 of Title 30, unless there
is created a duplication in numb ering, reads as follow s:
This act shall be known and may be cited as the “Oklahoma
Standby Guardianship Act”.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7-102 of Title 30, unless there
is created a duplication in numb ering, reads as follows:
As used in this act:
1. “Deported” means an alien or noncitizen having been
involuntarily removed from the United States and sent back to the ir
country of origin;
2. “Deportation proceeding” means any proceeding by which an
alien or noncitizen may be expelled from the United States for
violations of immigration law ;
3. “Designation” means a writing which is voluntarily executed
in conformance with t he requirements of Section 3 of this act and
signed by a parent and names a person to act a s standby guardian;
4. “Parent” means a genetic or adoptive parent or parent
determined in accordance with the standards set forth in Section
7700-201 of Title 10 of the Oklahoma Statutes , and includes a
person, other than a parent, who has phy sical custody of a child and
who has either been awarded custody by a court or claims a right to
custody;
5. “Qualified parent” means a parent who has been deported or
is currently the subject of a deportation proceeding, as evidenced
in writing, by a court of appropriate jurisdiction or by a state or
the federal government;
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6. “Standby guardian” means a person who, in acc ordance with
this act, is designated in writing or approved by the c ourt to
temporarily assume the duties of guardian o f the person or guardia n
of the property, or both, of a minor child on behalf of or in
conjunction with a qualified parent upon the o ccurrence of a
triggering event; and
7. “Triggering event” means the event upon the occurrence of
which the standby guardian may be authorized to act. The triggering
event shall be the earlier of either the commencement of a
deportation proceeding or the deportation of the qualified parent.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7-103 of Title 30, unless there
is created a duplication in numbering, reads as follows:
A. A parent may execute a written de signation of a standby
guardian at any time. The written designation shall state:
1. The name, address and birthdate of the child aff ected; and
2. The name and address of the person designated as standby
guardian or alternate.
The written designation shall be signed by the parent. The
designated standby guardian or alternate may not sign on behalf of
the parent. The signed designatio n shall be delivered to the
standby guardian and any alternate named as soon as prac ticable.
B. Following such delivery of the designa tion, the authority of
a standby guardian to ac t for a qualified parent shall commence upon
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the occurrence of the triggering event, receipt of documentation, if
any, supporting the occurrence of the triggering event and the
qualified parent’s written consent to such commen cement signed by
the parent.
C. A standby guardian under a designation shall have the
authority of a guardian of the person and a guardian of the property
of the child, unless otherwise specified in the designation.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7-104 of Title 30, unless there
is created a duplication in numbering, reads as follows:
A. A designated standby guardian or al ternate shall file a
petition for approval as standby guardian. The petition shall be
filed as soon as practicable after the occu rrence of the triggering
event but in no event later than thirty (30) days after the
triggering event. The authority of the stand by guardian shall cease
upon his or her failure to so file but shall recommence upon such
filing. The petition shall be accompanied by a copy of the
designation and any documentation supporting the occurrence of the
triggering event.
B. Upon the filing of a petition, notice of the filing shall
promptly be given to each parent of the chi ld whose identity and
whereabouts are known to the petitioner. The court shall direct the
issuance of summonses to the child, if the child is twelve (12)
years of age or older and the proposed standby guardian and
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alternate, if any, and such other persons as app ear to the court to
be necessary parties to the proceedings i ncluding the child’s
parents, stepparents, grandparents, adult siblings, guardian, legal
custodian or other person standing in loco parent is, if the identity
and whereabouts of such persons are known.
C. The court shall enter an order ap proving the standby
guardian upon finding that:
1. The person was duly designated as standby guardi an pursuant
to this act and the designation has not been revoked;
2. A triggering event occurred, and the parent consented to
commencement of the standby guardian’s authority;
3. The best interests of the child will be served by approval
of the standby guardian; and
4. If the petition is by an alternate standby guardian, that
the designated standby guardian is unwilling or unable to serve.
D. An order approving the standby guardian shall not be entered
without a hearing if there is another known parent, ste pparents,
adult siblings, or other adult related to the child by b lood,
marriage, or adoption who requests a hearing wit hin ten (10) days of
the date that notice of the filing was sent or if there is other
litigation pending regarding custody of the child.
E. Prior to any hearing on the petition, the court may appoint
a guardian ad litem to represent the child . The qualified parent
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shall not be required to appear in cour t if the parent is detained
and unable to appear, or upon motion for any other good cause shown.
SECTION 5. NEW LAW A new section o f law to be codified
in the Oklahoma Statutes as Section 7-105 of Title 30, unless there
is created a duplication in numbering, reads as follows:
A. If no designation for a standby guardian has been completed
by a qualified parent, upon petition of any person, the district
court of the jurisdiction in which a child resides may approve a
person as standby guardian for a child of a qualified par ent upon
the occurrence of a triggering event. If requested in the pet ition,
the court may also approve an alte rnate standby guardian identified
by the petitioner, to act in the event that at any time after
approval pursuant to this section the s tandby guardian is unable or
unwilling to assume the responsibilities of the sta ndby
guardianship.
B. The petition shall state:
1. The name and address of the petitioner and his relationship
to the child and the name and ad dress of the child’s qualified
parent, and the name and address of any other parent of the child
whose identity and whereabouts are known to the petiti oner or can
reasonably be ascertained;
2. The name, address and birthdate of the child;
3. The triggering event;
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4. Whether the qualified parent has been deported or the
deportation process has commenced and, if so, when and by whom;
5. The name and address of the person proposed as standby
guardian and any alternate and whethe r the petition requests that
such person be given authority as a guardian of the person or
guardian of the property of the minor, or both;
6. A statement of any known reasons as to wh y the child’s other
parent is not assuming or should not assume responsibility for the
child; and
7. Whether there is any prior judicial hist ory regarding
custody of the child or any pending litigation regarding custody of
the child.
SECTION 6. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as S ection 7-106 of Title 30, unless there
is created a duplication in numb ering, reads as follows:
A. The authority of a standby guard ian approved by the court
may be revoked by the qualified parent by filing a notice of
revocation with the court. The notice of revocation shall identify
the standby guardian or a lternate standby guardian to which the
revocation will apply. A copy of the revocation shall also be
delivered to the standby guardian whose authority is r evoked and any
alternate standby guardian who may then b e authorized to act.
B. At any time following his or her approval by the court, a
standby guardian may decline to serve by filing a written statement
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of refusal with the court and having the statement personally served
on the qualified parent and any alter nate standby guardian who may
then be authorized to act.
C. When a written designation has been executed, but is not yet
effective because the triggering event has not yet occurred, the
parent may revoke or the prospective standby guardian may refuse the
designation by notifying the other party in writing. A written
designation may also be revoked by the execution of a subsequent
inconsistent designation.
D. When a standby guardian ’s authority becomes effective upon
the occurrence of a triggering event of the qualified parent, the
standby guardian’s authority to act on behalf of th e qualified
parent continues even though the qualified parent is not deported or
the deportation proceeding is dismissed, unless the qualified parent
notifies the standby guardian and the court, in writing, that t he
standby guardian’s authority is revoked due to the triggering event
expiring.
E. If at any time the court finds that the parent no long er
meets the definition of “qualified parent,” the court shall rescind
its approval of the standby guardian.
SECTION 7. NEW LAW A new se ction of law to be codified
in the Oklahoma Statutes as Section 7-107 of Title 30, unless there
is created a duplication in numbering, reads as follows:
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A child’s parent, stepparent, adult sibling or any adult related
to the child by blood, marriage or adoption may petitio n the court
which approved the standby guardian at any time following such
approval and prior to any termination of the standby gua rdianship
for review of whether continuation of the standby guardianship is in
the best interests of the chi ld. Notice of the filing of a petition
shall promptly be given to th e standby guardian, the child, if the
child is twelve (12) years of age or older, and each parent of the
child whose identity and whereabouts are known or could reasonably
be ascertained.
SECTION 8. This act shall become effective November 1, 2024.
59-2-3093 TEK 1/16/2024 3:46:10 PM