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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
CONFERENCE COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL 706 By: Pederson, Rader, Stephens,
and Howard of the Senate
and
Randleman, Talley, Lawson,
Caldwell (Chad), Hill,
Dobrinski, Cantrell,
Townley, Tedford, Stark,
and Hilbert of the House
CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to termination of parental rights ;
amending 10A O.S. 2021, Section 1-4-502, which
relates to jury trials; requiring court to issue
scheduling order within s pecified time period;
requiring commencement of trial within sp ecified time
period; providing exceptions; providing an effective
date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -4-502, is
amended to read as follows:
Section 1-4-502. A. A parent entitled to service of summons,
the state or a child shall have the right to demand a trial by jury
on the sole issue of termination of parental rights only in the
following circumstances:
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1. When the initial petit ion to determine if a child is
deprived also contains a request for termination of parental rights
in which case the court shall dete rmine if the child shoul d be
adjudicated deprived and, if so, the jury shall determine if
parental rights should be termina ted; or
2. When, following a hearing in which the child is adjudicated
deprived, a request for termination of parental rights is fil ed by
the state or the child.
B. The demand for a jury trial shall be granted unless waived,
or the court on its own motio n may call a jury to try any
termination of parental rights case. Such Upon a demand for a trial
by jury, the court shall issue a sc heduling order within th irty (30)
days. A jury trial shall commence within (6) months of the issuance
of the scheduling order unless the co urt issues a written order with
findings of fact supporting a determination that there exists a n
exceptional circumstance to support the del ay or that the parties
and the guardian ad litem, if any, agree to such continuance. The
jury shall consist of six (6) persons. A party who requests a jury
trial and fails to appear in person for such trial, after proper
notice and without good cause, ma y be deemed by the court to have
waived the right to such jury trial, and the termination of parental
rights shall be by nonjury trial unless another party demands a jury
trial or the court determines on its own motion to try the ca se to a
jury.
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SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
59-1-2233 TEK 5/23/2023 11:40:46 AM