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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 423 By: Pugh of the Senate
and
Roe 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 limit; and providing an
effective date.
AUTHOR: Remove Roe as principal House author and subst itute with
George
AUTHOR: Add as coauthor Crosswhite Hader
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"An Act relating to children; amending 10A O.S. 2021,
Section 2-5-205, as amended by Section 5, Chapter
375, O.S.L. 2022 (10A O.S. Supp. 2 023, Section 2-5-
205), which relates to certification as youthful
offender or juvenile; modifying acts that shall cause
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certain persons to be held accountable as a youthful
offender; and providing an effective date .
BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2 -5-205, as
amended by Section 5, Chapter 375, O.S.L. 2022 (10A O.S. Supp. 2023,
Section 2-5-205), is amended to re ad as follows:
Section 2-5-205. A. Any person thirteen (13) or fourteen (14)
years of age who is charged with murder in the first degree shall be
held accountable for the act as if the person were an adult;
provided, the person may be certified as a youthful offender or a
juvenile as provided by this section, unless the person is subject
to the provisions of subsection H of Section 2-5-204 of this title.
B. Any person fifteen (15), sixteen (16) or seventeen (17)
years of age who is charged with murder in the first degree shall be
held accountable for his or her act as if the person was an adult
and shall not be subject to the provisions of the Yo uthful Offender
Act or the provisions of the Juvenile Code for certification as a
juvenile. The perso n shall have all the statutory rights and
protections of an adult accused of a crime. All proceedings s hall
be as for a criminal action and the provision s of Title 22 of the
Oklahoma Statutes sh all apply. A person having been convicted as an
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adult pursuant to this paragraph shall be tried as an adult for
every subsequent offense.
C. Any person fifteen (15), sixte en (16) or seventeen (17)
years of age who is charged with:
1. Murder in the second degree;
2. Kidnapping or attempt th ereof;
3. Manslaughter in the first degree;
4. Robbery with a dangerous weapon or a firearm or attempt
thereof;
5. Robbery in the first degree or attempt thereof;
6. Robbery committed by two or more persons;
7. Rape by instrumentation or attempt there of;
8. Forcible sodomy;
9. Lewd acts or proposals to a child under sixte en (16) years
of age or any offense in violation of subsection A of Section 1123
of Title 21 of the Oklahoma Statutes;
10. Domestic abuse by strangulation;
11. Arson in the first degree or attempt thereof; or
12. Any offense in violation of Section 652 of Title 21 of the
Oklahoma Statutes; or
13. Eluding a peace officer in violation of subsection B or C
of Section 540A of Title 21 of the Oklahoma Statutes,
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shall be held accountable for suc h acts as a youthful of fender;
provided, the person may be certif ied as a juvenile or as an adult
as provided by the provisions of the Youthful Offender Act.
D. At the sole discretion of the district attorney, any person
fifteen (15), sixteen (16) or seve nteen (17) years of age who is
charged with rape in the first deg ree or attempt thereof may be held
accountable for his or her act as if the person was an adult or as a
youthful offender. When charged as an adu lt, the person shall have
all the statutory rights and protections o f an adult accused of a
crime. All proceedings shall be as for a criminal action and the
provisions of Title 22 of the Oklahoma Statutes shall apply. A
person having been convicted as an adult pursuant to this subsection
shall be tried as an adult for ev ery subsequent offense. When
charged as a youthful offender, the person shall be held accountable
for such acts as a youthful offender; provided, the person may be
certified as a juvenile or as an adult as provided b y the Youthful
Offender Act.
E. Any person sixteen (16) or seventeen (17) years of age who
is charged with:
1. Burglary in the first degree or attempted burglary in the
first degree;
2. Battery or assault and battery on a st ate employee or
contractor while in the custo dy or supervision of the Office of
Juvenile Affairs;
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3. Aggravated assault and battery of a police officer;
4. Intimidating a witness;
5. Trafficking in or manufacturing il legal drugs;
6. Assault and battery with a deadly weapon;
7. Maiming;
8. Residential burglary in the second degree after two or more
adjudications that are separated in time for delinquency for
committing burglary in the first degree or residential burg lary in
the second degree;
9. Rape in the second degree; or
10. Use of a firearm while in commission of a felony,
may be held accountable for su ch acts as a youthful offender;
provided, the person may be certified as a juvenile or as an adult
as provided by the Youthful Offender Act.
F. 1. For any charges listed in Sections A, C, D, or E of this
section, the district attorney may elect to file a petition alleging
the person to be delinquent or may file an information charging the
person as a youthful of fender. The district attorney shall
immediately notify the Office of Juvenile Aff airs upon the filing of
any youthful offender charges.
2. After an information has been filed charg ing a person as a
youthful offender under Sections A, C, D, or E of this section, or
as an adult under subsection B of this section, the district
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attorney may elect to amend or dismiss the information and refile
any or all charges in a delinquent petition.
3. Upon the filing of an information, the person's complete
juvenile record shall be made available to the district attorney and
the person's attorney.
G. 1. Upon the filing of an information against a person, a
warrant shall be issued which shall set forth the rights of the
accused, and the rights of the parents, guardian , or next friend of
the accused to be present at the preliminary hearing and to have an
attorney.
2. The warrant shall be personally served together with a
certified copy of the information on the accused and on a custodial
parent, guardian, or next friend of the accused. The court may
inquire of the accused as to the whereabouts of his or her parents,
guardian, or next friend in order to avoid unnecessary delay in the
proceedings.
3. When personal service of a custodial parent, guardian, or
next friend of the accused cannot be completed, service may be made
by certified mail to the person's last-known address, requesting a
return receipt from the addressee only. If delivery is refused,
notice may be given by mailing a copy of the accused's warrant
information by regular first-class mail to the address where the
person to be notified refused delivery of the notice sent by
certified mail. Where the address of a custodial parent, guardian
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or next friend is not known, or if the mailed copy of the accused's
warrant and information is returned for any reason other than
refusal of the addressee to acce pt delivery, after a thorough search
of all reasonably available sources to ascertain the whereabouts of
a custodial parent, guardian, or next friend has been condu cted, the
court may order that notice of the hearing be given by publication
one time in a newspaper of general circulation in the county. The
court may also order other means of service of notice that the court
deems advisable or in the interests of justice.
4. Before service by publication is ordered, the court shall
conduct an inquiry to determ ine whether a thorough search has been
made of all reasonably available sources to ascertain the
whereabouts of any person for whom notice by publicat ion is sought.
5. The person is presumed to be a youthful offender, and the
proceedings shall continue under such presumption unless the court
grants the person's motion for certification as a juvenile pursuant
to Section 6 2-5-206A of this act title or grants the district
attorney's motion for imposition of an adult sentence pursuant to
Section 7 2-5-207A of this act title.
H. The court shall commence the preliminary hearing within
ninety (90) days of the filing of the information, pursuant to
Section 258 of Title 22 of the Oklahoma Statutes, to determine
whether a crime was committed and if there is probable cause to
believe the accused committed the crime. The requirement for the
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preliminary hearing to be held within ninety (90) days may be waived
by the accused.
1. For a person charged under subs ection A or B of Section 2-5-
205 of this title, if the preliminary hearing is not commenced
within ninety (90) days of the filing date of the information, the
district court shall hold a hearing to determine the reasons for
delay utilizing the procedure set out in Section 812.2 of Title 22
of the Oklahoma Statute s, to ensure the preliminary hearing is
expedited, unless the ninety-day requirement has been waived by the
accused.
2. For a person charged under subsection C, D, or E of Section
2-5-205 of this title, if the preliminary hearing is not commenced
within ninety (90) days of the filing of the information, th e
district attorney shall be prohibited from s eeking an adult sentence
unless the ninety-day requirement has been waived by the accused.
3. For an accused person charged under subsection A, B, C, D,
or E of Section 2-5-205 of this title, if the whereabouts of the
accused are unknown at the time of the filing of the information or
if the accused is a fugitive, the State of Oklahoma shall make
reasonable efforts to locate the accused in order to commenc e the
proceedings. An accused who flees the jurisdiction of the court or
purposely avoids apprehension for the charges, waives the right to
have the preliminary hearing commenced within ninety (90) days of
the filing of the information. If the preliminary hearing does not
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commence within ninety (90) days from the filing of the information
due to the absence or inability to locate the accused, the
preliminary hearing shall commence within ninety (90) days after the
state has actual notice of t he in-state location of the accused. If
the accused is found out of state, the court shall set the hearing
within ninety (90) days after the accused has been returned to the
State of Oklahoma. An accused who fails to cooperate with providing
information in locating his or her par ent, guardian, or next fr iend
for purposes of notice waives the right to have the prelimi nary
hearing commence within ninety (90) days of the filing of the
information.
I. At the conclusion of the state's case at the preliminary
hearing, if the accused has filed a motion for certification as a
juvenile pursuant to subsection A of this section , or if the
district attorney has filed a motion for the imposition of an adult
sentence pursuant to Section 7 2-5-207A of this act title, both the
accused and the district attorney may offer evidence in support or
in opposition of the pending motion or motions.
J. The court shall rule on any properly filed motion for
certification as a juvenile or motion for the imposition of an adult
sentence before ruling on whether to bind the accused over for
trial.
SECTION 2. This act shall become effective November 1, 2024."
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Passed the House of Representatives the 25th day of April, 2024.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2024.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 423 By: Pugh of the Senate
and
Roe 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 limit; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA:
SECTION 3. 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
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
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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 S tatutes 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 vio lation 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 f raudulent 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,
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 th e minor,
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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 agenc y 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,
(c) food for the birth mother and any minor
child of the birth mother residing in the
home of the birth mother ,
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(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 of 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,
h. reasonable expenses legally r equired by any
governmental entity related to the adoption of a
minor, and
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i. a one-time gift to the birth mother from the
prospective adoptive pare nts of no greater value than
One Hundred Dollars ($100.00).
2. In addition, all expenses approved by the co urt should be
commensurate with other customary fees for similar services by
persons of equivalent experience and training where the services are
performed. Any services provided outside this state shall be
allowed in an amount as if the services 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 connectio n 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 circumstance s that justify the approval.
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
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adoption which is not supported by an itemized receipt shall not be
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 acco unting shall include vouchers for all monies
expended, copies of all checks written and receipts for all cas h
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 interest 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 approval as required by
paragraph 1 of subsection D of this section. Any such costs and
expenses shall be disclosed a s is otherwise required by the Oklahoma
Adoption Code.
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 authorized in subparagraph e of
paragraph 1 of subsection B of this section shall be approved in
advance by the court.
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2. The person, attorney, or licensed chil d-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 a n order approving payment of adoption-
related expenses shall be filed in the district court where 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 include a listing of all anticipated
living or transportation expenses to be paid 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 mother, an amended petition may be filed with
the court.
5. The petition shall be heard by t he 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 fi ling of an
adoption petition. In the event an adoption petition is later filed
in the same county, the adop tion 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 sh all be required. In
the event a petition for preadoption termination of parental rights
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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 petition 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 adoption outside the State of Oklahoma, any such
order shall be submitted to the Interstate Compa ct 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 adopt ive family affidavit requirement
of subsection A of this section, a Disclosure Statement of Adoption -
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 Adoption-related Costs and
Expenditures shall include a declaration of all fees, expenses, and
costs charged or expected to be charged for the adoption including,
but not limited to, the following:
a. retainer fees, the hourly rate, and the n umber of
hours billed for the adoption,
b. any fee charged for preplacement or other home studies
of any prospective birth parents, re gardless of
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whether the home study was performed by an outside
agency,
c. any costs, fees or expenses or any other thing o f
value paid to or on behalf of the birth parents
related to the adoption of a minor by any party 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 Adoption-related Costs and
Expenditures containing true and accurate information shall be f iled
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 statemen t 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 from the docum ent 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
shall be redacted from the document prior to filing with the court
clerk and shall not be made publi c.
SECTION 4. AMENDATORY 10A O.S. 2021, Section 1 -2-109, is
amended to read as follows:
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Section 1-2-109. A. A parent subject to the provisions of this
act shall not be prosecuted for child abandonment or child neglect
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 bas ed solely on the relinquishment of a child
thirty (30) sixty (60) days of age or younger to a medical 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 provider 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;
2. Physically located inside a pol ice station, fire station,
child protective services agency, hospital or other medical
facility; and
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3. Located in an area that is conspicuous and visible to the
employees of the police station, fire station, child prot ective
services agency, hospital or other medical facility.
D. A medical services provider or child 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 con nected to the
physical location of t he newborn safety device that is:
a. tested at least one time 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 ent ity 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
2. Provide the parent with printed information relat ing to the
rights of the parents, including both parents, with respect to
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reunification with the c hild and sources of counseling for the
parents, if desired.
F. Once a child has been relinquished to any entity identifie d
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 possession of a child under the prov isions of this
section, the Department of Human Services shall 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;
2. Easily understood print ed materials that give information
about parents’ rights with regard to reunification with a child
including, but not limited to, info rmation on how a parent can
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contact the appropriate entity regarding reu nification, and
information on sources of counseli ng 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 nurse 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 with
responsibility for performing duti es pursuant to this section shall
be immune from any criminal liability that might otherwise result
from the actions of th e entity, 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 5. AMENDATORY 21 O.S. 2021, Section 851, is
amended to read as follows:
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 ed ucation, who deserts
such child or children within this state, or takes such child or
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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) years.
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 and
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 6. This act shall become effective November 1, 2023.
Passed the Senate the 23rd day of February, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of ________ __,
2023.
Presiding Officer of the House
of Representatives