Oklahoma 2024 2024 Regular Session

Oklahoma Senate Bill SB1701 Amended / Bill

Filed 03/28/2024

                     
 
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HOUSE OF REPRESENTATIVES - FLOOR VERSION 
 
STATE OF OKLAHOMA 
 
2nd Session of the 59th Legislature (2024) 
 
ENGROSSED SENATE 
BILL NO. 1701 	By: Brooks of the Senate 
 
  and 
 
  Kannady of the House 
 
 
 
 
 
 
An Act relating to guardianship; creating the 
Oklahoma Standby Guardianship Act; providing short 
title; defining terms; authorizing written 
designation for certai n 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; requirin g hearing under 
certain circumstances; authorizing appointment of 
guardian ad litem; authorizi ng appointment of standby 
guardian or alternate; specifyi ng information to be 
included in certain petition; allowing for revocation 
of guardianship; permitting ce rtain refusal; 
providing for dismissal of guardianship under certain 
circumstances; providing for review of standby 
guardianship; providing for codific ation; and 
providing an effective date . 
 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:   
 
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SECTION 1.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 7 -101 of Title 30, unless there 
is created a duplication in numbering, reads as follows: 
This act shall be known and may be cited as the “Oklahoma 
Standby Guardianship Act ”. 
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 numbering, reads as follows: 
As used in this act: 
1.  “Designation” means a writing which is voluntarily executed 
in conformance with the requirements of Section 3 of this act and 
signed by a parent and n ames a person to act as standby guardian; 
2.  “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 physical custody of a child and 
who has either been awarded custody by a court or claims a right to 
custody; 
3.  “Qualified parent” means a parent who has become unavailable 
due to a military deployment, court proceeding, incapacity, or other 
matter, as evidenced in writing, by a court of appropriate 
jurisdiction or by a state or the federal governmen t; 
4.  “Standby guardian” means a person who, in accordance with 
this act, is designated in writing or approved by the court to   
 
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temporarily assume the duties of guardian of the person or gua rdian 
of the property, or both, of a minor child on behalf of or i n 
conjunction with a qualified parent upon the occurrence of a 
triggering event; and 
5.  “Triggering event” means the event upon the occurrence of 
which the standby guardian may be authorized to act. 
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 designa tion of a standby 
guardian at any time.  The written designation s hall state: 
1.  The name, address and birthdate of the child affected; 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 altern ate may not sign on behalf of 
the parent.  The signed designation shall be delivered to the 
standby guardian and any alternate named as soon as practic able. 
B.  Following such delivery of th e designation, the authority of 
a standby guardian to act for a qu alified parent shall commence upon 
the occurrence of the triggering event, receipt of documentation, if 
any, supporting the occurrence of the triggerin g event and the 
qualified parent’s written consent to such commencement signed by 
the parent.   
 
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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 spec ified 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 g uardian or alternate shall file a 
petition for approval as standby guardian.  The petition shall be 
filed as soon as practicable after the occurrence of the triggering 
event but in no event later than thirty (30) days after the 
triggering event.  The autho rity of the standby guardian shall ceas e 
upon his or her failure to so file but shall recommence upon suc h 
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 child w hose 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 
alternate, if any, and such other persons as appear to the court to 
be necessary parties to the proceedings including the child ’s 
parents, stepparents, grandparents, adult siblings, guardian, lega l   
 
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custodian or other person standing in loco parentis, if the identity 
and whereabouts of such persons ar e known. 
C.  The court shall enter an order approving the standby 
guardian upon finding that: 
1.  The person was duly designated as standby guardian pu rsuant 
to this act and the designation has not been revoked; 
2.  A triggering event occurred, and the par ent consented to 
commencement of the standby guardian ’s authority; 
3.  The best interests of the child will be served by approval 
of the standby guardi an; 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, step parents, 
adult siblings, or other adult related to the child by blood, 
marriage, or adoption who requests a hearing within 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 chil d.  The qualified parent 
shall not be required to appear in court if the parent is detained 
and unable to appear, or upon motion for any other good cau se shown.   
 
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SECTION 5.    NEW LAW     A new section of 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 guardi an 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 parent upon 
the occurrence of a triggering event. If requested in the petition, 
the court may also approve an alternate standby guardian identified 
by the petitioner, to act in the event that at any time after 
approval pursuant to this section the standby guardian is unable or 
unwilling to assume the res ponsibilities of the standby 
guardianship. 
B.  The petition shall state: 
1.  The name and address of the petitioner and his relationship 
to the child and the name and address of the child ’s qualified 
parent, and the name and address of any other parent of the child 
whose identity and whereabout s are known to the petitioner or can 
reasonably be ascertained; 
2. The name, address and birthdate of the child; 
3.  The triggering event; 
4.  The name and address of the person proposed as standby 
guardian and any alternate and whether the petition requests that   
 
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such person be given authority as a guardian of the perso n or 
guardian of the property of the minor, or both; 
5.  A statement of any known reasons as to why the child ’s other 
parent is not assuming or should not assume responsibility for the 
child; and 
6.  Whether there is any prior judicial history regarding 
custody of the child or any pending litigation regarding custody of 
the child. 
SECTION 6.     NEW LAW     A new section of law to be codi fied 
in the Oklahoma Statutes as Section 7 -106 of Title 30, unless there 
is created a duplication in numb ering, reads as follows: 
A.  The authority of a standby guardian 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 alternate standb y guardian to which the 
revocation will apply.  A copy of the revocation shall also be 
delivered to the standby guardian whose authority is revoked and any 
alternate standby guardian who may then be authorized to act. 
B.  At any time following his or her a pproval by the court, a 
standby guardian may decline to serve by filing a written statement 
of refusal with the court and having the statement personal ly served 
on the qualified parent and a ny alternate standby guardian who may 
then be authorized to act.   
 
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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 t he prospective standby guardian may refuse the 
designation by notifying the other party in writing.  A wr itten 
designation may also be revoked by the execution of a subsequent 
inconsistent designation. 
D.  When a standby guardian ’s authority becomes effect ive upon 
the occurrence of a triggering event of the qualified parent, the 
standby guardian’s authority to act on behalf of the qualified 
parent continues even though the qualified parent is no longer 
unavailable, unless the qualified parent notifies the s tandby 
guardian and the court, in writing, that the standby guardian ’s 
authority is revoked due to the expiration of the triggering event. 
E.  If at any time the court finds that the parent no longer 
meets the definition of “qualified parent,” the court shall rescind 
its approval of the standby guardian. 
SECTION 7.     NEW LAW     A new sectio n 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: 
A child’s parent, stepparent, adult sibling or any adult related 
to the child by blood, marriage or adoptio n may petition the court 
which approved the standby guardian at any time following such 
approval and prior to any termination of the standby guardiansh ip 
for review of whether continuation o f the standby guardianship is in   
 
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the best interests of the child. Notice of the filing of a petition 
shall promptly be given to the 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. 
 
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated 
03/28/2024 - DO PASS.