OK
Oklahoma House Bill HB1966

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1966 Compare Versions

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2828 STATE OF OKLAHOMA
2929
3030 1st Session of the 60th Legislature (2025)
3131
3232 HOUSE BILL 1966 By: Williams
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3838 AS INTRODUCED
3939
4040 An Act relating to children; amending 10A O.S. 2021,
4141 Sections 1-4-502, as amended by Section 1, Chapter
4242 363, O.S.L. 2023 (10A O.S. Supp . 2024, Section 1-4-
4343 502), 1-4-704, as amended by Section 1, Chapter 31,
4444 O.S.L. 2023 (10A O.S. Supp. 2024, Section 1 -4-704),
4545 and 1-4-811, which relate to the Oklahoma Children 's
4646 Code; providing procedures to demand jury trial;
4747 providing that jury trial is w aived in certain
4848 circumstances; requiring permanency hearing
4949 procedures; providing factors the court shall take
5050 into consideration; requiring that certain factors
5151 exist for reunification; amending 12 O.S. 2021,
5252 Section 591, which relates to jury trials; pr oviding
5353 when jury trial may be waived; and providing an
5454 effective date.
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6060 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6161 SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -4-502, as
6262 amended by Section 1, Chapter 363, O.S.L. 2023 (10A O.S. Supp. 2024,
6363 Section 1-4-502), is amended to read as foll ows:
6464 Section 1-4-502. A. A parent entitled to service of summons,
6565 the state or a child shall have the right to demand a trial by jury
6666 on the sole issue of termination of parent al rights only in the
6767 following circumstances:
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9494 1. When the initial petition to determine if a child is
9595 deprived also contains a request for termination of parental rights
9696 in which case the court shall determine if the child should be
9797 adjudicated deprived and, if so, the jury shall determine if
9898 parental rights should be terminated; or
9999 2. When, following a hearing in which the child is adjudicated
100100 deprived, a request for termination of parental rights is filed by
101101 the state or the child.
102102 B. The demand for a jury trial shall be granted unless waived ,
103103 or the court on its own motion may call a jury to try any
104104 termination of parental rights case . The demand shall be in writing
105105 and filed with the court no later than fifteen (15) days after being
106106 served the notice described in subsection A of Section 1 -4-905 of
107107 this title. Upon a demand for a trial by jury, the court shall
108108 issue a scheduling order within thirty (30) days. A jury trial
109109 shall commence within six (6) months of the issuance of the
110110 scheduling order unless the court issues a written order with
111111 findings of fact supporting a determination that there exists an
112112 exceptional circumstance to support the delay or that the parties
113113 and the guardian ad litem, if any, agree to such continuance. The
114114 jury shall consist of six (6) persons. A party who requests a jury
115115 trial and fails to file a written jury demand within the prescribed
116116 time or who fails to appear in person for such trial , after proper
117117 notice and without good cause , may shall be deemed by the court to
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144144 have waived the right to such jury trial, and the termination of
145145 parental rights shall be by nonjury trial unless another party
146146 demands a jury trial or the court determines on its own motion to
147147 try the case to a jury.
148148 SECTION 2. AMENDATORY 10A O.S. 2021, Section 1 -4-704, as
149149 amended by Section 1, Chapter 31, O.S.L. 2023 (10A O.S. Supp. 2024,
150150 Section 1-4-704), is amended to read as follows:
151151 Section 1-4-704. A. The Department of Human Services or
152152 licensed child-placing agency shall prepare and maintain a written
153153 individualized service plan for any child that has been adjudicated
154154 to be a deprived child.
155155 B. The plan shall be furnished to the court within thirty (30)
156156 days after the adjudication of the child and shall be made available
157157 to counsel for the parties and any applicable tribe by the
158158 Department or the licensed child-placing agency having custody of
159159 the child or responsibility for the supervision of the case.
160160 C. 1. The individualized service plan shall be based upon a
161161 comprehensive assessment and evaluation of the child and family and
162162 shall be developed with the participation of the parent, legal
163163 guardian, or legal custodian of the child, the attorney for the
164164 child, the guardian ad litem for the child, if any, the child 's
165165 tribe, and the child, if appropriate. The health and safety of the
166166 child shall be the paramount concern in the development of the plan.
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193193 2. If any part of the plan is disputed or not approved by the
194194 court, an evidentiary hearing may be held and at its conclusi on, the
195195 court shall determine the content of the individualized service plan
196196 in accord with the evidence presented and the best interests of the
197197 child.
198198 3. When approved by the court, each individualized service plan
199199 shall be incorporated and made a part o f the dispositional order of
200200 the court.
201201 4. The plan shall be signed by:
202202 a. the parent or parents or legal guardian of the child,
203203 b. the attorney for the parent or parents or legal
204204 guardian of the child,
205205 c. the child's attorney,
206206 d. the guardian ad litem of the child, which may be a
207207 court-appointed special advocate,
208208 e. a representative of the child 's tribe,
209209 f. the child, if possible, and
210210 g. the Department or other responsible agency.
211211 D. 1. Every service plan prepared shall be individualized and
212212 specific to each child and the family of the child and shall require
213213 consideration of eac h child's and family's circumstances, including,
214214 but not limited to, the parent 's work schedule, mode of
215215 transportation, and distance from the parent 's place of living and
216216 place of work to service providers .
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243243 2. The individualized service plan shall be written in simple
244244 and clear English. If English is not the principal language of the
245245 parent, legal guardian, or custodian of the child, and such person
246246 is unable to read or compreh end the English language, to the extent
247247 possible, the plan shall be written in the principal language of the
248248 person.
249249 3. The individualized service plan may be modified based on
250250 changing circumstances consistent with the correction of the
251251 conditions that led to the adjudication of the child or other
252252 conditions inconsistent with the health, safety, or welfare of the
253253 child.
254254 4. The individualized service plan shall be measurable,
255255 realistic, and consistent with the requirements of other court
256256 orders.
257257 E. The individualized service plan shall include , but not be
258258 limited to:
259259 1. A history of the child and family, including identification
260260 of the problems or conditions leading to the deprived child
261261 adjudication and the changes the parent or parents must make in
262262 order for the child to safely remain in or return to the home;
263263 2. Identification of time -limited reunification services to be
264264 provided to the parent, legal guardian, or legal custodian,
265265 stepparent, other adult person living in the home, or other family
266266 members;
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293293 3. Identification of the specific services to be provided to
294294 the child including but not limited to educational, vocational
295295 educational, medical, drug or alcohol abuse treatment, or counseling
296296 or other treatment services. The most recent available he alth and
297297 educational records of the child shall be provided to the court upon
298298 the court's request including:
299299 a. the names and addresses of the child 's health and
300300 educational providers,
301301 b. the child's grade-level performance,
302302 c. the child's school record,
303303 d. a record of the child 's immunizations,
304304 e. the child's known medical problems , including any
305305 known communicable diseases,
306306 f. the child's medications, and
307307 g. any other relevant health and education information;
308308 4. A schedule of the frequency of services a nd the means by
309309 which delivery of the services will be assured or, as necessary, the
310310 proposed means by which support services or other assistance will be
311311 provided to enable the parent or the child to obtain the services;
312312 5. The name of the social worker a ssigned to the case;
313313 6. A projected date for the completion of the individual ized
314314 service plan;
315315 7. Performance criteria that will measure the progress of the
316316 child and family toward completion of the individualized service
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343343 plan including, but not limited to, time frames for achieving
344344 objectives and addressing the identified problems;
345345 8. The name and business address of the attorney representing
346346 the child;
347347 9. If the child is placed outside the home, the individualized
348348 service plan shall further provide:
349349 a. the sequence and time frame for services to be
350350 provided to the parent, the child, and if the child is
351351 placed in foster care, the foster parent, to
352352 facilitate the child 's return home or to another
353353 permanent placement,
354354 b. a description of the child 's placement and explanation
355355 about whether it is the least -restrictive placement
356356 available and in as close proximity as possible to the
357357 home of the parent or parents or legal guardian of the
358358 child when the case plan is reunification, and how the
359359 placement is consistent with the best interests and
360360 special needs of the child,
361361 c. a description of any services or resources that were
362362 requested by the child or the parent or legal guardian
363363 of the child since the date of the child 's placement,
364364 and whether those services o r resources were provided
365365 and if not, the basis for the denial of the services
366366 or resources,
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393393 d. efforts to be made by the parent of the child and the
394394 Department to enable the child to return to his or her
395395 home,
396396 e. a description of the transition planning f or a
397397 successful adulthood for a child age fourteen (14) or
398398 older that includes how the following objectives will
399399 be met:
400400 (1) education, vocational, or employment planning,
401401 (2) health care planning and medical coverage,
402402 (3) transportation including, where a ppropriate,
403403 assisting the child in obtaining a driver
404404 license,
405405 (4) money management,
406406 (5) planning for housing,
407407 (6) social and recreational skills, and
408408 (7) establishing and maintaining connections with the
409409 child's family and community,
410410 f. for a child in placement due solely or in part to the
411411 child's behavioral health or medical healt h issues,
412412 diagnostic and assessment information, specific
413413 services relating to meeting the applicable behavioral
414414 health and medical care needs of the child, and
415415 desired treatment outcomes,
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442442 g. a plan and schedule for regular and frequent
443443 visitation for the child and the child 's parent or
444444 parents or legal guardian and siblings, unless the
445445 court has determined that visitation, even if
446446 supervised, would be harmful to the child, and
447447 h. a plan for ensuring the educational stability of the
448448 child while in out-of-home placement, including:
449449 (1) assurances that the placement of the child
450450 considers the appropriateness of the current
451451 educational setting and the proximity to the
452452 school in which the child was enrolled at the
453453 time of placement, and
454454 (2) where appropriate, an assurance that the
455455 Department has coordinated with appropriate local
456456 educational agencies to ensure that the child
457457 remains in the school in which the child was
458458 enrolled at the time of placement, or
459459 (3) if remaining in the school in which the child was
460460 enrolled at the time of placement is not in the
461461 best interests of the child, assurances by the
462462 Department and the local educational agencies to
463463 provide immediate and appropriate enr ollment in a
464464 new school with all of the educational records of
465465 the child provided to the school; and
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492492 10. The permanency plan for the child, the reason for selection
493493 of that plan and a description of the steps being taken by the
494494 Department to finalize the plan.
495495 a. When the permanency plan is adoption or legal
496496 guardianship, the Depar tment shall describe, at a
497497 minimum, child-specific recruitment efforts such as
498498 relative searches conducted and the use of state,
499499 regional, and national adoption exchanges to
500500 facilitate the orderly and timely placement of the
501501 child, whether in or outside of the state.
502502 b. When the child is age fourteen (14) or older, the
503503 permanency plan and any revision or addition to the
504504 plan, shall include planning for the transition of the
505505 child to a successful adulthood.
506506 F. Each individualized service plan shall specific ally provide
507507 for the safety of the child, in accordance with state and federal
508508 law, and clearly define what actions or precautions will, or may, be
509509 necessary to provide for the s afety and protection of the child.
510510 G. The individualized service plan shall include the following
511511 statement:
512512 TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. ITS PURPOSE
513513 IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE HOME WITHIN THE
514514 REASONABLE PERIOD SP ECIFIED IN THE PLAN. IF YOU ARE UNWILLING OR
515515 UNABLE TO PROVIDE YOUR CHILD WIT H A SAFE HOME OR ATTEND COURT
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542542 HEARINGS, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE
543543 RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU.
544544 H. Whenever a child who is subject to the provisions of this
545545 section is committed for inpatient behavioral health or substance
546546 abuse treatment pursuant to the Inpatient Mental Health and
547547 Substance Abuse Treatment of Minors Act, the individualized service
548548 plan shall be amended as necessary and appropriate, including, but
549549 not limited to, identificatio n of the treatment and services to be
550550 provided to the child and the child 's family upon discharge of the
551551 child from inpatient behavioral health or substance abuse treatment.
552552 I. Prior to adjudication, a parent or legal guardian may
553553 voluntarily participate in services related to the behaviors and
554554 conditions that led to the filing of a deprived petition.
555555 Participation in such services shall not be construed as an
556556 admission that the child is deprived and shall not be used as
557557 evidence for the purpose of adjudi cation or disposition.
558558 SECTION 3. AMENDATORY 10A O.S. 2021, Section 1 -4-811, is
559559 amended to read as follows:
560560 Section 1-4-811. A. 1. The court shall co nduct a permanency
561561 hearing to determine the appropriate permanency goal for the child
562562 and to order completion of all steps necessary to finalize the
563563 permanent plan. The hearing shall be held no later than:
564564 a. six (6) months after placing the child in out -of-home
565565 placement and every six (6) months thereafter, and
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592592 b. thirty (30) days after a determination by the court
593593 that reasonable efforts to return a child to either
594594 parent are not required pursuant to the provisions of
595595 Section 1-4-809 of this title.
596596 2. A child shall be considered to have entered out -of-home
597597 placement on the earlier of:
598598 a. the adjudication date, or
599599 b. the date that is sixty (60) days after the date on
600600 which the child is removed from the home.
601601 3. Subsequent permanency hearings shall be hel d at least every
602602 six (6) months for any child who continues to be in an out -of-home
603603 placement. At the request of a party, the Department of Human
604604 Services, or on the motion of the court, the initial and subsequent
605605 permanency hearings may be held more freq uently. If the child's
606606 permanency goal is adoption, the court shall hold a permanency
607607 hearing within thirty (30) days of a scheduled trial to terminate
608608 parental rights, if a party requests such hearing, to determine
609609 whether adoption is still the appropria te permanency goal.
610610 4. At each permanency hearing, the court may consider tes timony
611611 of any person who has relevant information about the status of the
612612 child or the status of the treatment plan. All parties shall have
613613 the opportunity to present evidence a nd to cross-examine witnesses.
614614 The rules of evidence shall not apply to permanency hearings and all
615615 evidence helpful in determining the proper permanency goal shall be
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642642 considered including, but not limited to, oral and written reports,
643643 which may be admitted and may be relied upon to the extent of their
644644 probative value, even though not competent for the purposes of the
645645 adjudicatory hearing.
646646 5. The permanency plan for the child in transition to a
647647 successful adulthood shall be developed in consultation with the
648648 child and, at the option of the child, with up to two members of the
649649 permanency planning team to be chosen by the child, excluding the
650650 foster parent and caseworker for the child, subject to the following
651651 provisions:
652652 a. one individual selected by the ch ild may be designated
653653 to be the advisor and, as necessary, advocate of the
654654 child, with respect to the application of the
655655 reasonable and prudent parent standard to the child,
656656 and
657657 b. the Department of Human Services may reject an
658658 individual selected by the c hild to be a member of the
659659 permanency planning team at any time if the Department
660660 has good cause to believe that the selected individual
661661 would not act in the best interests of the child.
662662 B. A permanency hearing may be held concurrently with a
663663 dispositional or review hearing.
664664 C. If a foster parent, preadoptive parent, or relative i s
665665 currently providing care for a child, the Department shall give the
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692692 foster parent, preadoptive parent, or relative notice of a
693693 proceeding concerning the child. A foster parent , preadoptive
694694 parent, or relative providing care for a child has the right to be
695695 heard at the proceeding. Except when allowed to intervene, the
696696 foster parent, preadoptive parent, or relative providing care for
697697 the child is not considered a party to the ju venile court proceeding
698698 solely because of notice and the right to be heard at the
699699 proceeding.
700700 D. At the hearing, the court shall determine or review the
701701 continued appropriateness of the permanency plan of the child and
702702 whether a change in the plan is nece ssary, the date by which the
703703 goal of permanency for the child is scheduled to be achieved, and
704704 whether the current placement of the child continues to be the most
705705 suitable for the health, safety, and welfare of the child. The
706706 court shall also, in an age -appropriate manner, inquire or cause
707707 inquiry to be made of the child regarding the proposed permanency
708708 plan and if the child is age fourteen (14) or older, the planning
709709 for the transition of the child to a successful adulthood.
710710 E. A transcript shall be mad e of each permanency hearing or the
711711 proceeding shall be memorialized by appropriate written findings of
712712 facts, and the court having considered all relevant information
713713 shall order one of the following permanency plans for the child:
714714 1. Reunification with the parent, parents, or legal guardian of
715715 the child where:
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742742 a. reunification can be expected to occur within an
743743 established time frame that is consistent with the
744744 developmental needs of the child, and
745745 b. the health and safety of the child can be adequately
746746 safeguarded if returned home;
747747 2. Placement for adoption after the rights of the parents have
748748 been terminated or after a petition has been filed to terminate
749749 parental rights;
750750 3. Placement with a person who will be the permanent guardian
751751 of the child and is able to adequately and appropriately safeguard
752752 the health, safety, and welfa re of the child; or
753753 4. a. Placement in the legal custody of the Department under
754754 a planned alternative permanent placement, provided
755755 the child is age sixteen (16) or older and th ere are
756756 compelling reasons documented by the Department and
757757 presented to the court at each permanency hearing that
758758 include the intensive, ongoing and, as of the date of
759759 the hearing, unsuccessful efforts made to:
760760 (1) return the child home, or
761761 (2) place the child with a fit and willing relative,
762762 including adult siblings, a legal guard ian, or an
763763 adoptive parent, and
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790790 (3) find biological family members for the child
791791 utilizing search technology, including social
792792 media.
793793 b. The Department shall also document at eac h permanency
794794 hearing the steps taken, including inquiry of the
795795 child in an age-appropriate manner, to ensure that:
796796 (1) the foster family home of the child or facility
797797 where the child is placed is following the
798798 reasonable and prudent parent standard, and
799799 (2) the child has regular, ongoing opportunities to
800800 engage in age-appropriate or developmentally
801801 appropriate activities.
802802 c. When a planned alternative permanent placement is the
803803 court-ordered permanency plan for the child, the court
804804 shall at each permanency hearing:
805805 (1) ask the child about the permanency outcome the
806806 child desires, and
807807 (2) make a judicial determination, as of the date of
808808 the hearing, why a planned alternative permanent
809809 placement is the best permanency plan for the
810810 child and provide compelling reasons why it
811811 continues to not be in the best interests of the
812812 child to return home or be placed for adoption
813813 with a legal guardian or with a fit and willing
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840840 relative, taking into consideration whether the
841841 child has a close and positive relationship with
842842 the parent.
843843 F. In addition to the findings required under subsection E of
844844 this section, the court shall also make written findings related to:
845845 1. Whether the Department has made reasonable efforts to
846846 finalize the permanency plan that is in effect for the child and a
847847 summary of the efforts the Department has made; or, in the case o f
848848 an Indian child, whether the Department has made active efforts to
849849 provide remedial services and rehabilitative programs as required by
850850 25 U.S.C., Section 1912(d);
851851 2. If the permanency plan is for the child to remain in out -of-
852852 home care, whether the child 's out-of-home placement continues to be
853853 appropriate and in the best interests of the child;
854854 3. If the current placement is not expected to be permanent,
855855 the court's projected timetable for return home or for placement in
856856 an adoptive home with a guardia n, or another planned permanent
857857 living arrangement; and
858858 4. Whether reasonable efforts, in accordance with the safety or
859859 well-being of any child, have been made to:
860860 a. place siblings, who have been removed, together in the
861861 same foster care, guardianship, or adoptive placement,
862862 and
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889889 b. provide for frequent visitation or other ongoing
890890 interaction in the case of siblings who have been
891891 removed and who are not placed together.
892892 G. The court may make appropriate orders to ensure timely
893893 implementation of the perman ency plan and shall order the plan to be
894894 accomplished within a specified period of time.
895895 SECTION 4. AMENDATORY 12 O.S. 2021, Section 591, is
896896 amended to read as follows:
897897 Section 591. The trial by jury may be waived by the parties, in
898898 actions arising on contract, and with the assent of the court in
899899 other actions, in the following manner: By the consent of the party
900900 appearing, when the other party fails to appear at the trial by
901901 himself or attorney. By written consent, in person or by attorney,
902902 filed with the clerk. By oral consent, in open court, entered on
903903 the journal. By failure to request in writing a jury trial within
904904 the time period set forth by ap plicable statute.
905905 SECTION 5. This act shall become effective November 1, 2025.
906906
907907 60-1-10851 CMA 12/18/24