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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1966 By: Williams
AS INTRODUCED
An Act relating to children; amending 10A O.S. 2021,
Sections 1-4-502, as amended by Section 1, Chapter
363, O.S.L. 2023 (10A O.S. Supp. 2024, Section 1-4-
502), 1-4-704, as amended by Section 1, Chapter 31,
O.S.L. 2023 (10A O.S. Supp. 2024, Section 1-4-704),
and 1-4-811, which relate to the Oklahoma Children's
Code; providing procedures to demand jury trial;
providing that jury trial is waived in certain
circumstances; requiring permanency hearing
procedures; providing factors the court shall take
into consideration; requiring that certain factors
exist for reunification; amending 12 O.S. 2021,
Section 591, which relates to jury trials; providing
when jury trial may be waived; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-4-502, as
amended by Section 1, Chapter 363, O.S.L. 2023 (10A O.S. Supp. 2024,
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 petition to determine if a child is
deprived also contains a request for termination of parental rights
in which case the court shall determine if the child should be
adjudicated deprived and, if so, the jury shall determine if
parental rights should be terminated; or
2. When, following a hearing in which the child is adjudicated
deprived, a request for termination of parental rights is filed by
the state or the child.
B. The demand for a jury trial shall be granted unless waived,
or the court on its own motion may call a jury to try any
termination of parental rights case. The demand shall be in writing
and filed with the court no later than fifteen (15) days after being
served the notice described in subsection A of Section 1-4-905 of
this title. Upon a demand for a trial by jury, the court shall
issue a scheduling order within thirty (30) days. A jury trial
shall commence within six (6) months of the issuance of the
scheduling order unless the court issues a written order with
findings of fact supporting a determination that there exists an
exceptional circumstance to support the delay 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 file a written jury demand within the prescribed
time or who fails to appear in person for such trial, after proper
notice and without good cause, may shall be deemed by the court to
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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 case to a jury.
SECTION 2. AMENDATORY 10A O.S. 2021, Section 1-4-704, as
amended by Section 1, Chapter 31, O.S.L. 2023 (10A O.S. Supp. 2024,
Section 1-4-704), is amended to read as follows:
Section 1-4-704. A. The Department of Human Services or
licensed child-placing agency shall prepare and maintain a written
individualized service plan for any child that has been adjudicated
to be a deprived child.
B. The plan shall be furnished to the court within thirty (30)
days after the adjudication of the child and shall be made available
to counsel for the parties and any applicable tribe by the
Department or the licensed child-placing agency having custody of
the child or responsibility for the supervision of the case.
C. 1. The individualized service plan shall be based upon a
comprehensive assessment and evaluation of the child and family and
shall be developed with the participation of the parent, legal
guardian, or legal custodian of the child, the attorney for the
child, the guardian ad litem for the child, if any, the child's
tribe, and the child, if appropriate. The health and safety of the
child shall be the paramount concern in the development of the plan.
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2. If any part of the plan is disputed or not approved by the
court, an evidentiary hearing may be held and at its conclusion, the
court shall determine the content of the individualized service plan
in accord with the evidence presented and the best interests of the
child.
3. When approved by the court, each individualized service plan
shall be incorporated and made a part of the dispositional order of
the court.
4. The plan shall be signed by:
a. the parent or parents or legal guardian of the child,
b. the attorney for the parent or parents or legal
guardian of the child,
c. the child's attorney,
d. the guardian ad litem of the child, which may be a
court-appointed special advocate,
e. a representative of the child's tribe,
f. the child, if possible, and
g. the Department or other responsible agency.
D. 1. Every service plan prepared shall be individualized and
specific to each child and the family of the child and shall require
consideration of each child's and family's circumstances, including,
but not limited to, the parent's work schedule, mode of
transportation, and distance from the parent's place of living and
place of work to service providers.
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2. The individualized service plan shall be written in simple
and clear English. If English is not the principal language of the
parent, legal guardian, or custodian of the child, and such person
is unable to read or comprehend the English language, to the extent
possible, the plan shall be written in the principal language of the
person.
3. The individualized service plan may be modified based on
changing circumstances consistent with the correction of the
conditions that led to the adjudication of the child or other
conditions inconsistent with the health, safety, or welfare of the
child.
4. The individualized service plan shall be measurable,
realistic, and consistent with the requirements of other court
orders.
E. The individualized service plan shall include, but not be
limited to:
1. A history of the child and family, including identification
of the problems or conditions leading to the deprived child
adjudication and the changes the parent or parents must make in
order for the child to safely remain in or return to the home;
2. Identification of time-limited reunification services to be
provided to the parent, legal guardian, or legal custodian,
stepparent, other adult person living in the home, or other family
members;
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3. Identification of the specific services to be provided to
the child including but not limited to educational, vocational
educational, medical, drug or alcohol abuse treatment, or counseling
or other treatment services. The most recent available health and
educational records of the child shall be provided to the court upon
the court's request including:
a. the names and addresses of the child's health and
educational providers,
b. the child's grade-level performance,
c. the child's school record,
d. a record of the child's immunizations,
e. the child's known medical problems, including any
known communicable diseases,
f. the child's medications, and
g. any other relevant health and education information;
4. A schedule of the frequency of services and the means by
which delivery of the services will be assured or, as necessary, the
proposed means by which support services or other assistance will be
provided to enable the parent or the child to obtain the services;
5. The name of the social worker assigned to the case;
6. A projected date for the completion of the individualized
service plan;
7. Performance criteria that will measure the progress of the
child and family toward completion of the individualized service
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plan including, but not limited to, time frames for achieving
objectives and addressing the identified problems;
8. The name and business address of the attorney representing
the child;
9. If the child is placed outside the home, the individualized
service plan shall further provide:
a. the sequence and time frame for services to be
provided to the parent, the child, and if the child is
placed in foster care, the foster parent, to
facilitate the child's return home or to another
permanent placement,
b. a description of the child's placement and explanation
about whether it is the least-restrictive placement
available and in as close proximity as possible to the
home of the parent or parents or legal guardian of the
child when the case plan is reunification, and how the
placement is consistent with the best interests and
special needs of the child,
c. a description of any services or resources that were
requested by the child or the parent or legal guardian
of the child since the date of the child's placement,
and whether those services or resources were provided
and if not, the basis for the denial of the services
or resources,
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d. efforts to be made by the parent of the child and the
Department to enable the child to return to his or her
home,
e. a description of the transition planning for a
successful adulthood for a child age fourteen (14) or
older that includes how the following objectives will
be met:
(1) education, vocational, or employment planning,
(2) health care planning and medical coverage,
(3) transportation including, where appropriate,
assisting the child in obtaining a driver
license,
(4) money management,
(5) planning for housing,
(6) social and recreational skills, and
(7) establishing and maintaining connections with the
child's family and community,
f. for a child in placement due solely or in part to the
child's behavioral health or medical health issues,
diagnostic and assessment information, specific
services relating to meeting the applicable behavioral
health and medical care needs of the child, and
desired treatment outcomes,
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g. a plan and schedule for regular and frequent
visitation for the child and the child's parent or
parents or legal guardian and siblings, unless the
court has determined that visitation, even if
supervised, would be harmful to the child, and
h. a plan for ensuring the educational stability of the
child while in out-of-home placement, including:
(1) assurances that the placement of the child
considers the appropriateness of the current
educational setting and the proximity to the
school in which the child was enrolled at the
time of placement, and
(2) where appropriate, an assurance that the
Department has coordinated with appropriate local
educational agencies to ensure that the child
remains in the school in which the child was
enrolled at the time of placement, or
(3) if remaining in the school in which the child was
enrolled at the time of placement is not in the
best interests of the child, assurances by the
Department and the local educational agencies to
provide immediate and appropriate enrollment in a
new school with all of the educational records of
the child provided to the school; and
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10. The permanency plan for the child, the reason for selection
of that plan and a description of the steps being taken by the
Department to finalize the plan.
a. When the permanency plan is adoption or legal
guardianship, the Department shall describe, at a
minimum, child-specific recruitment efforts such as
relative searches conducted and the use of state,
regional, and national adoption exchanges to
facilitate the orderly and timely placement of the
child, whether in or outside of the state.
b. When the child is age fourteen (14) or older, the
permanency plan and any revision or addition to the
plan, shall include planning for the transition of the
child to a successful adulthood.
F. Each individualized service plan shall specifically provide
for the safety of the child, in accordance with state and federal
law, and clearly define what actions or precautions will, or may, be
necessary to provide for the safety and protection of the child.
G. The individualized service plan shall include the following
statement:
TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. ITS PURPOSE
IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE HOME WITHIN THE
REASONABLE PERIOD SPECIFIED IN THE PLAN. IF YOU ARE UNWILLING OR
UNABLE TO PROVIDE YOUR CHILD WITH A SAFE HOME OR ATTEND COURT
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HEARINGS, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE
RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU.
H. Whenever a child who is subject to the provisions of this
section is committed for inpatient behavioral health or substance
abuse treatment pursuant to the Inpatient Mental Health and
Substance Abuse Treatment of Minors Act, the individualized service
plan shall be amended as necessary and appropriate, including, but
not limited to, identification of the treatment and services to be
provided to the child and the child's family upon discharge of the
child from inpatient behavioral health or substance abuse treatment.
I. Prior to adjudication, a parent or legal guardian may
voluntarily participate in services related to the behaviors and
conditions that led to the filing of a deprived petition.
Participation in such services shall not be construed as an
admission that the child is deprived and shall not be used as
evidence for the purpose of adjudication or disposition.
SECTION 3. AMENDATORY 10A O.S. 2021, Section 1-4-811, is
amended to read as follows:
Section 1-4-811. A. 1. The court shall conduct a permanency
hearing to determine the appropriate permanency goal for the child
and to order completion of all steps necessary to finalize the
permanent plan. The hearing shall be held no later than:
a. six (6) months after placing the child in out-of-home
placement and every six (6) months thereafter, and
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b. thirty (30) days after a determination by the court
that reasonable efforts to return a child to either
parent are not required pursuant to the provisions of
Section 1-4-809 of this title.
2. A child shall be considered to have entered out-of-home
placement on the earlier of:
a. the adjudication date, or
b. the date that is sixty (60) days after the date on
which the child is removed from the home.
3. Subsequent permanency hearings shall be held at least every
six (6) months for any child who continues to be in an out-of-home
placement. At the request of a party, the Department of Human
Services, or on the motion of the court, the initial and subsequent
permanency hearings may be held more frequently. If the child's
permanency goal is adoption, the court shall hold a permanency
hearing within thirty (30) days of a scheduled trial to terminate
parental rights, if a party requests such hearing, to determine
whether adoption is still the appropriate permanency goal.
4. At each permanency hearing, the court may consider testimony
of any person who has relevant information about the status of the
child or the status of the treatment plan. All parties shall have
the opportunity to present evidence and to cross-examine witnesses.
The rules of evidence shall not apply to permanency hearings and all
evidence helpful in determining the proper permanency goal shall be
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considered including, but not limited to, oral and written reports,
which may be admitted and may be relied upon to the extent of their
probative value, even though not competent for the purposes of the
adjudicatory hearing.
5. The permanency plan for the child in transition to a
successful adulthood shall be developed in consultation with the
child and, at the option of the child, with up to two members of the
permanency planning team to be chosen by the child, excluding the
foster parent and caseworker for the child, subject to the following
provisions:
a. one individual selected by the child may be designated
to be the advisor and, as necessary, advocate of the
child, with respect to the application of the
reasonable and prudent parent standard to the child,
and
b. the Department of Human Services may reject an
individual selected by the child to be a member of the
permanency planning team at any time if the Department
has good cause to believe that the selected individual
would not act in the best interests of the child.
B. A permanency hearing may be held concurrently with a
dispositional or review hearing.
C. If a foster parent, preadoptive parent, or relative is
currently providing care for a child, the Department shall give the
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foster parent, preadoptive parent, or relative notice of a
proceeding concerning the child. A foster parent, preadoptive
parent, or relative providing care for a child has the right to be
heard at the proceeding. Except when allowed to intervene, the
foster parent, preadoptive parent, or relative providing care for
the child is not considered a party to the juvenile court proceeding
solely because of notice and the right to be heard at the
proceeding.
D. At the hearing, the court shall determine or review the
continued appropriateness of the permanency plan of the child and
whether a change in the plan is necessary, the date by which the
goal of permanency for the child is scheduled to be achieved, and
whether the current placement of the child continues to be the most
suitable for the health, safety, and welfare of the child. The
court shall also, in an age-appropriate manner, inquire or cause
inquiry to be made of the child regarding the proposed permanency
plan and if the child is age fourteen (14) or older, the planning
for the transition of the child to a successful adulthood.
E. A transcript shall be made of each permanency hearing or the
proceeding shall be memorialized by appropriate written findings of
facts, and the court having considered all relevant information
shall order one of the following permanency plans for the child:
1. Reunification with the parent, parents, or legal guardian of
the child where:
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a. reunification can be expected to occur within an
established time frame that is consistent with the
developmental needs of the child, and
b. the health and safety of the child can be adequately
safeguarded if returned home;
2. Placement for adoption after the rights of the parents have
been terminated or after a petition has been filed to terminate
parental rights;
3. Placement with a person who will be the permanent guardian
of the child and is able to adequately and appropriately safeguard
the health, safety, and welfare of the child; or
4. a. Placement in the legal custody of the Department under
a planned alternative permanent placement, provided
the child is age sixteen (16) or older and there are
compelling reasons documented by the Department and
presented to the court at each permanency hearing that
include the intensive, ongoing and, as of the date of
the hearing, unsuccessful efforts made to:
(1) return the child home, or
(2) place the child with a fit and willing relative,
including adult siblings, a legal guardian, or an
adoptive parent, and
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(3) find biological family members for the child
utilizing search technology, including social
media.
b. The Department shall also document at each permanency
hearing the steps taken, including inquiry of the
child in an age-appropriate manner, to ensure that:
(1) the foster family home of the child or facility
where the child is placed is following the
reasonable and prudent parent standard, and
(2) the child has regular, ongoing opportunities to
engage in age-appropriate or developmentally
appropriate activities.
c. When a planned alternative permanent placement is the
court-ordered permanency plan for the child, the court
shall at each permanency hearing:
(1) ask the child about the permanency outcome the
child desires, and
(2) make a judicial determination, as of the date of
the hearing, why a planned alternative permanent
placement is the best permanency plan for the
child and provide compelling reasons why it
continues to not be in the best interests of the
child to return home or be placed for adoption
with a legal guardian or with a fit and willing
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relative, taking into consideration whether the
child has a close and positive relationship with
the parent.
F. In addition to the findings required under subsection E of
this section, the court shall also make written findings related to:
1. Whether the Department has made reasonable efforts to
finalize the permanency plan that is in effect for the child and a
summary of the efforts the Department has made; or, in the case of
an Indian child, whether the Department has made active efforts to
provide remedial services and rehabilitative programs as required by
25 U.S.C., Section 1912(d);
2. If the permanency plan is for the child to remain in out-of-
home care, whether the child's out-of-home placement continues to be
appropriate and in the best interests of the child;
3. If the current placement is not expected to be permanent,
the court's projected timetable for return home or for placement in
an adoptive home with a guardian, or another planned permanent
living arrangement; and
4. Whether reasonable efforts, in accordance with the safety or
well-being of any child, have been made to:
a. place siblings, who have been removed, together in the
same foster care, guardianship, or adoptive placement,
and
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b. provide for frequent visitation or other ongoing
interaction in the case of siblings who have been
removed and who are not placed together.
G. The court may make appropriate orders to ensure timely
implementation of the permanency plan and shall order the plan to be
accomplished within a specified period of time.
SECTION 4. AMENDATORY 12 O.S. 2021, Section 591, is
amended to read as follows:
Section 591. The trial by jury may be waived by the parties, in
actions arising on contract, and with the assent of the court in
other actions, in the following manner: By the consent of the party
appearing, when the other party fails to appear at the trial by
himself or attorney. By written consent, in person or by attorney,
filed with the clerk. By oral consent, in open court, entered on
the journal. By failure to request in writing a jury trial within
the time period set forth by applicable statute.
SECTION 5. This act shall become effective November 1, 2025.
60-1-10851 CMA 12/18/24