Oklahoma 2025 Regular Session

Oklahoma House Bill HB1746 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
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32	32	HOUSE BILL 1746 By: Moore
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40	40	AS INTRODUCED
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42	42	An Act relating to children and juvenile code;
43	43	amending 10A O.S. 2021, Section 1 -4-502, as amended
44	44	by Section 1, Chapter 363, O.S.L. 202 3 (10A O.S.
45	45	Supp. 2024, Section 1 -4-502), which relates to jury
46	46	trials on the issue of termination of parental
47	47	rights; excluding persons from the right to jury
48	48	trial on the issue of termination of parental rights;
49	49	and providing an effective date .
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -4-502, as
56	56	amended by Section 1, Chapter 363, O.S.L. 2023 (10A O.S. Supp. 2024,
57	57	Section 1-4-502), is amended to read as follows:
58	58	Section 1-4-502. A. A parent entitled to service of summons,
59	59	the state or a child shall not have the right to demand a trial by
60	60	jury on the sole issue of termination of parental rights only in the
61	61	following circumstances:
62	62	1. When the initial petition t o determine if a child is
63	63	deprived also contains a request for termination of parental rights
64	64	in which case the court shall determine if the child should be
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91	91	adjudicated deprived and, if so, the jury shall determine if
92	92	parental rights should be terminated; or
93	93	2. When, following a hearing in which the child is adjudicated
94	94	deprived, a request for termination of parental rights is filed by
95	95	the state or the child.
96	96	B. The demand for a jury trial shall be granted unless waived,
97	97	or the court on its own motion may call a jury to try any
98	98	termination of parental rights case. Upon a demand fo r a trial by
99	99	jury, the court shall issue a scheduling order within thirty (30)
100	100	days. A jury trial shall commence within (6) months of the issuance
101	101	of the scheduling order unless the court issues a written order with
102	102	findings of fact supporting a determination that there exists an
103	103	exceptional circumstance to support the delay or that the parties
104	104	and the guardian ad litem, if any, agree to such continuance. The
105	105	jury shall consist of six (6) persons. A party who requests a jury
106	106	trial and fails to appear in person for such trial, after proper
107	107	notice and without good cause, may be deemed by the court to have
108	108	waived the right to such jury trial, and the termination of parental
109	109	rights shall be by nonjury trial unless another party demands a jury
110	110	trial or the court determines on its own motion to try the case to a
111	111	jury.
112	112	SECTION 2. This act shall become effective November 1, 2025.
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114	114	60-1-10391 AO 12/16/24