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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 423 By: Pugh of the Senate
and
Roe and Crosswhite Hader of
the House
An Act relating to children; amending 10 O.S. 2021,
Section 7505-3.2, which relates to costs expended by
adoptive family; increasin g allowable amount for
certain expenses; updating statutory reference;
amending 10A O.S. 2021, Section 1 -2-109, which
relates to relinquishment of child to medical
services provider or child rescuer ; increasing
certain age limit; amending 21 O.S. 2021, Section
851, which relates to desertion of children;
increasing certain age l imit; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
SECTION 1. AMENDATORY 10 O.S. 2021, Section 7505 -3.2, is
amended to read as follo ws:
Section 7505-3.2. A. 1. An affidavit shall be attached to the
petition for adoption, or may be filed after the filing of the
petition for adoption, but prior to the fin al decree of adoption,
which discloses to the court all of th e costs, funds, or m onies
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expended by the adoptive family or expected to be expended in
connection with the adoption of a minor.
2. No final decree of adoption s hall be entered until the court
is satisfied that all costs and expenses have been disclosed, are
reasonable, and that the costs and expenses do not violate the
provisions of subsection B of this section. Upon its review of the
affidavit of monies expende d, the court shall in writing dis approve
any expenditure that the court deems unreasonable or in violation of
Sections 865 through 870 of Title 21 of the Oklahoma Stat utes and,
to the extent necessary to comply with Oklahoma law, shall order
reimbursement of any consideration given in vio lation of Sections
865 through 870 of Title 21 of the Oklahom a Statutes. Payment s made
pursuant to this section shall not be a violat ion of Sections 865
through 870 of Title 21 of the Oklahoma Statutes. Court approval of
the affidavit of monies expended shall not exempt a person, attorney
or licensed child-placing agency from prosecution if the information
provided to the court is frau dulent or false.
B. 1. Except as otherwise specifically provided by law, the
following list of adoption-related costs and expenses specified in
this paragraph may be deemed proper i tems for a person to pay in
connection with an adoption:
a. reasonable attorney fees and court costs,
b. reasonable medical expenses for birth mother and minor
to be adopted,
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c. reasonable adoption counseling expenses for birth
parents before and after the birth of the minor, not
to exceed six (6) months from placement of the m inor,
d. reasonable fees of a licensed child -placing agency,
including social services st aff fees provided by
agency employees that include:
(1) casework services,
(2) adoptive child and family studies,
(3) placement services,
(4) certification of agency facilities,
(5) admission assessments, and
(6) service planning,
e. (1) reasonable and necessary living expenses of the
birth mother that are incurred during the
adoption planning proc ess or during the
pregnancy, not to exceed two (2) months after the
birth of the minor or after the consent or
relinquishment of the birth mother. Reasonable
and necessary living expenses includ e but are not
limited to:
(a) housing expenses,
(b) utilities, such as electric, gas, water, or
telephone bills,
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(c) food for the birth mother and any minor
child of the birth mother residing in the
home of the birth mother ,
(d) travel expenses for transpo rtation to
support the pregnancy, such as gasoline, bus
fares, or providing for t he temporary use of
a vehicle during the pregnancy, and
(e) child care or foster care for any minor
child of the birth mother associated with
pregnancy-related medical care ., and
(2) Reasonable reasonable and necessary living
expenses shall not include :
(a) any expenses met by existing resources of
the birth mother,
(b) any expenses used for the support of family
members who are not minor children o f the
mother,
(c) any expenses for rec reational or leisure
activities, and
(d) the purchase or gift of an automobile,
f. reasonable expenses for a home study,
g. reasonable and necessary costs associated with an
international adoption,
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h. reasonable expenses legally required by any
governmental entity related to the adoption of a
minor, and
i. a one-time gift to the birth mother from the
prospective adoptive parents of no greater value than
One Hundred Dollars ($100.00).
2. In addition, all expenses approv ed by the court should be
commensurate with other customary fees for similar services by
persons of equivalent experience and training where the services are
performed. Any serv ices provided outside this state shall be
allowed in an amount as if the servi ces had been performed within
the State of Oklahoma.
3. The provisions of this subsection shall apply to living and
transportation expenses incurred after the biological mother of the
minor contacts the child -placing agency or attorney for adoption
services.
4. The provisions of this subsect ion shall not prohibit a court
from extending any time period, or in cluding any additional costs
and expenses in connection with an adoption other than those
specified in this subsection based on unusual circumstances or need.
If additional costs and expe nses in connection with an adoption are
approved by the court, the c ourt shall specify in writing the
unusual circumstances that justify the approval.
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5. Except as otherwise ordered by the court except for good
cause shown, all payments made pursuant to t his section shall be
paid directly to the third -party provider of se rvices or goods. Any
living expense paid on behalf of a birth mother in a domestic
adoption which is not supported by an itemized receipt shall not b e
allowed for payment. If gift cards are issued to pay expenses, an
itemized receipt verifying purchases shall be required for approval
by the court. The accounting shall inclu de vouchers for all monies
expended, copies of all checks written and receipts for all cash
payments attesting to th e accuracy of the accounting.
6. No person, attorney or licensed ch ild-placing agency shall
have a financial interest in a third -party provider of services or
goods, without disclosing in an affidavit the financial in terest to
the court and the other part ies to the adoption.
C. Any person, attorney, or licensed child -placing agency
desiring to pay living and transportation expenses on behalf of a
birth mother is authorized to expend an initial amount not to exceed
One Thousand Dollars ($1,000.00) Three Thousand Five Hundred Dollars
($3,500.00) plus deposits for housing a nd utilities for such costs
and expenses without first obtaining court ap proval as required by
paragraph 1 of subsection D of this section. Any such c osts and
expenses shall be disclosed a s is otherwise required by the Oklahoma
Adoption Code.
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D. 1. Except for the amount authorized by subsection C of this
section, the payment of any living or transportation expenses for
benefit of the birth mother as a uthorized in subparagraph e of
paragraph 1 of subsection B of this section shall be approved in
advance by the court.
2. The person, attorney, or licensed child -placing agency
desiring to pay living or transportation expenses on behalf of a
birth mother which exceed the amount in subsection C of this section
shall file a petition for an order approving payme nt of adoption-
related expenses.
3. The petition for an order approving payment of adoption-
related expenses shall be filed in the district court wher e the
adoption petition is to be filed , as provided in Section 7502-1.2 of
this title.
4. The petition shall be captioned: “In the matter of Baby
(name).” The petition shall in clude a listing of all anticipated
living or transportation expenses to be pai d on behalf of the birth
mother for which court approval is being sought. If additional
expenditures not previously authorized by the court are needed on
behalf of the birth mot her, an amended petition may be filed with
the court.
5. The petition shall b e heard by the court within ten (10)
days of filing. The court clerk shall charge the same cost for a
petition for payment of expenses as is charged for the filing of an
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adoption petition. In the event an adoption petition is later filed
in the same county, the adoption petition shall be fil ed as an
amended petition within the same case in which payment for expenses
was approved and no additional court costs shall be required. In
the event a petition for preadoption termination of parental rights
is later filed in the same county, the court clerk shall not assess
an additional filing fee and may use the sam e case number as for the
petition for adoption.
6. Any order authorizing payment shall be attached to a
petition for adoption. If no adoption petitio n is filed, the court
shall retain jurisdiction to enter any orders deemed appropriate
regarding the reimbursement of costs and expenses paid. If the
child is placed for adoptio n outside the State of Oklahoma, any such
order shall be submitted to the Inte rstate Compact of the Placement
of Children and to the court in the other state where the petition
for adoption is to be filed.
E. 1. In addition to the adoptive family affidav it requirement
of subsection A of this section, a Disclosure Statement of Adop tion-
related Costs and Expenditures sh all be prepared in writing by the
person, attorney or child -placing agency in a direct-placement
adoption. The Disclosure Statement of Adop tion-related Costs and
Expenditures shall include a declaration of all fees, e xpenses, and
costs charged or expected to be charged for the adoption including,
but not limited to, the following:
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a. retainer fees, the hourly rate, and the number of
hours billed for the adoption,
b. any fee charged for preplacement or other home studie s
of any prospective birth parents, re gardless of
whether the home study was performed by an outside
agency,
c. any costs, fees or expenses or any other thing of
value paid to or on behalf of the birth parents
related to the adoption of a minor by any part y other
than the adoptive parents, and
d. any other fees and expenses related to the adoption
not otherwise specifically listed in this section.
2. The Disclosure Statement of A doption-related Costs and
Expenditures containing true and accurate informatio n shall be filed
before or when the fi nal decree of adoption is ordered in each
adoption of a minor in th is state. A statutory Disclosure Statement
of Adoption-related Costs and Expenditures is provided in Section 2
7505-3.3 of this act title. A copy of the statement shall be a
public record to be compiled and maintained by the court clerk and
available for public inspection; provided, that any information
identifying the person , attorney or child-placing agency in the
direct adoption shall be redacted fr om the document prior to filing
with the court clerk and shall not be made public. In addition, the
identity of the child, the adoptive parents, and the birth parents
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shall be redacted from the document prior to filing with the court
clerk and shall not b e made public.
SECTION 2. AMENDATORY 10A O.S. 2021, Section 1 -2-109, is
amended to read as follows:
Section 1-2-109. A. A parent subject to the provisions of this
act shall not be prosecuted for child abandonment or child neglec t
under the provisions of any st atute which makes child abandonment or
child neglect a crime, when the allegat ions of child abandonment or
child neglect are based solely on the relinquishment of a child
thirty (30) sixty (60) days of age or younger to a me dical services
provider or a child res cuer as defined in this section.
B. The following entities shall, witho ut a court order, take
possession of a child thirty (30) sixty (60) days of age or younger
if the child is voluntarily delivered to the entity by the parent of
the child and the parent did not express an intent to return for the
child:
1. A medical servic es provider; or
2. A child rescuer.
C. Delivery of the child may be effectuated by a n in-person
transfer of the child to the medical services pr ovider or child
rescuer or by leaving the child in a newborn safety device that is:
1. Voluntarily installed by the medical services provider or
child rescuer;
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2. Physically located inside a pol ice station, fire station,
child protective services agency, hospital or other medical
facility; and
3. Located in an area that is conspicuous and visible to the
employees of the police station, fire station, child protect ive
services agency, hospital or other medical facility.
D. A medical services provider or c hild rescuer that installs a
newborn safety device shall:
1. Be responsible for the cost of the installation; and
2. Install an adequate dual alarm system connec ted to the
physical location of t he newborn safety device that is:
a. tested at least one tim e per week to ensure the alarm
system is in working order, and
b. visually checked at least two times per day to ensure
the alarm system is in working order.
E. Any entity identified in subsectio n B of this section to
which a parent seeks to relinquish a child pursuant to the
provisions of this section may:
1. Request, but not demand, any information about the c hild
that the parent is willing to share. The entity is encouraged to
ask about, but not demand, the details of any relevant medical
history relating to the child or the parents of th e child. The
entity shall respect the wish of the parent if the parent desires to
remain anonymous; and
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2. Provide the pare nt with printed information relat ing to the
rights of the parents, including both parents, wi th respect to
reunification with the c hild and sources of counseling for the
parents, if desired.
F. Once a child has been relinquished to any entity identified
in subsection B of this section, t he entity receiving the child
shall:
1. Perform or provide for the performance of any act necessa ry
to protect the physical health or safety of the child; and
2. Notify the local office of the Department that a parent of a
child thirty (30) days of age o r younger, in the best judgment of
the receiving entity, has relinquished such child and that the
entity has taken possession of the child.
G. Upon being made aware that a medical services provider or
child rescuer has pos session of a child under the prov isions of this
section, the Department of Human Services sha ll immediately check
with law enforcement authorities to determine if a child has been
reported missing and wh ether the missing child could be the
relinquished child.
H. The Department shall desi gn and disseminate:
1. A simplified form for the recording of medical or other
information that a relinquishing parent wishes to share with the
entity to whom the child is being relinquished;
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2. Easily understood printed materials that give information
about parents’ rights with regard to reunification with a chi ld
including, but not limited to, info rmation on how a parent can
contact the appropriate entity regarding reu nification, and
information on sources of counseling for relinquishing parents; and
3. Media information including printed material that creates
public awareness about the provisions of this act.
I. For purposes of this section:
1. “Medical services pro vider” means a person authorized to
practice the healing arts including a physician ’s assistant or nurse
practitioner, a registered or practical n urse and a nurse aide; and
2. “Child rescuer” means any employee or other designated
person on duty at a poli ce station, fire station, child protective
services agency, hospital or other medical facility.
J. A medical services provider or child rescuer w ith
responsibility for performing duti es pursuant to this section shall
be immune from any criminal liability that might otherwise result
from the actions of the e ntity, if acting in good faith in receiving
a relinquished child. In addition, such medical provider or child
rescuer shall be imm une from any civil liability that might
otherwise result from merely rec eiving a relinquished child.
SECTION 3. AMENDATORY 21 O.S. 2021, Section 851, is
amended to read as follows:
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Section 851. A. Any parent of any child or chil dren under the
age of ten (10) years, and every person to whom such child or
children have been confided for nurture or education, who deserts
such child or children within this state, or takes such child or
children without this state, with the intent who lly to abandon it
shall be deemed guilty of a felony an d upon conviction thereof shall
be punished by imprisonment in the State Penitentiary for any period
of time not less than one (1) year nor more than ten (10) year s.
B. It is an affirmative defense to a prosecution under this
section that a parent volunta rily delivered a child under the age of
thirty (30) sixty (60) days to and left the child with, or
voluntarily arranged for another person to deliver a child to an d
leave the child with, a medical serv ices provider or child rescuer
as provided in Section 1 -2-109 of Title 10A of the Oklahoma
Statutes.
SECTION 4. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDI CIARY - CIVIL, dated
04/10/2023 - DO PASS, As Coauthored.