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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1967 By: Williams
AS INTRODUCED
An Act relating to guardian and ward; providing for
appointment of guardians by a court for a minor;
providing who may petition the court for a
guardianship; providing what must be included in the
petition; providing for a home study; providing who
shall pay for the home study; providing who shall
conduct the home study; providing exemption for home
study requirement; prohibiting the removal of a minor
residing in a domestic violence shelter; requiring
background checks for guardians before appointment;
providing requirements of background check; providing
for certain notice; providing requirements for
service of notice; defining term; providing for
mandatory reporting in certain circumstances;
requiring investigation and protective measures for
certain reports; providing for collaboration between
law enforcement and the Oklahoma Department of Human
Services in certain instances; providing for
notification to the court; repealing 30 O.S. 2021,
Section 2-101, which relates to court appointed
guardianships of minors; providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-101.1 of Title 30, unless
there is created a duplication in numbering, reads as follows:
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A. When a court of any county determines whether it is
necessary or convenient for the welfare of a minor, the court shall,
with due regard for the child's best interests, appoint a guardian
or guardians for the person or estate of the minor, or both, in
accordance with the provisions of Title 30 of the Oklahoma Statutes
and consistent with the protection of vulnerable children.
B. Such an appointment may be made on the verified petition of
a relative or another person acting on behalf of the minor.
Petitions shall clearly outline the reasons for guardianship and
demonstrate that it is in the best interest of the child, ensuring
that all other legal avenues have been exhausted before seeking
guardianship.
C. 1. Before appointing a guardian, the court shall receive an
investigation and report regarding the background and home of the
prospective guardian. The investigation shall meet the requirements
of the Oklahoma Adoption Code. In considering whether a home study
is necessary, the court shall prioritize the protection of the
minor, ensuring that the environment is conducive to their safety
and well-being.
2. The cost of the home study shall be assessed against the
party responsible, whether the private child-placing agency, the
legal custodian of the child, or the prospective guardian.
3. For children in the custody of the Department of Human
Services (DHS) or the Office of Juvenile Affairs, the applicable
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Department or Office shall conduct or provide for the home study as
required by the Oklahoma Children's Code or the Oklahoma Juvenile
Code.
4. The Department of Human Services or the Office of Juvenile
Affairs shall not be compelled by any court order to conduct or
provide a home study for any child not in their legal custody.
D. 1. No child temporarily residing in a licensed, certified
domestic violence shelter, whether in this state or another, shall
be subject to removal by an ex parte order or without proper notice
for an evidentiary hearing regarding custody modification, ensuring
that the child's immediate safety remains the court's primary
concern.
2. No child temporarily residing in a licensed, certified
domestic violence shelter shall be removed under a guardianship
custody order if a valid protective order has been issued for the
custodial parent of the child. This provision is established to
prevent any disruption of protective measures and ensure the
continued safety of both the child and the custodial parent.
E. In the interest of child safety and due diligence, before
appointing a guardian, the court shall require a comprehensive
background check for the prospective guardian and all household
members aged eighteen (18) or older. This check shall include a
national fingerprint-based criminal background check, a review of
the Sex Offenders Registration Act, and a search of the Child Abuse
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and Neglect Information System (CANIS). This requirement shall not
be waived except in emergency placements where it is not possible to
obtain such a search in a timely manner, and the court deems that
waiving the requirement is necessary to prevent harm to the minor.
F. 1. Before appointing a guardian, the court shall notify the
minor, if the minor is aged fourteen (14) or older, of the hearing
on the petition for guardianship. The minor shall also be afforded
an opportunity to voice their concerns or preferences, which the
court shall consider as part of its deliberation process.
2. Notice of the guardianship petition and hearing shall be
provided to the parents or other legal custodians of the minor.
This notice ensures that all parties with a legitimate interest in
the welfare of the minor are informed and can participate in the
proceedings.
3. Notice and a copy of the petition shall be personally served
at least ten (10) days before the hearing. In circumstances where
expedited action is necessary for the welfare of the minor, the
court may authorize a shorter notice period, provided that all
reasonable efforts are made to ensure that notice is still effective
and that the rights of all parties are protected.
G. For the purposes of this section, a child shall be
considered abandoned if:
1. The parent, legal guardian, or custodian has willfully left
the child without provision for adequate care or supervision.
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2. The abandonment extends beyond the timeframes specified in
Section 1-1-105 of Title 10 of the Oklahoma Statutes, which defines
abandonment as the willful desertion of a child for a period of at
least thirty (30) days without making adequate arrangements for the
child's care.
H. 1. Any individual, agency, or shelter that becomes aware of
a potential abandonment case shall:
a. report the abandonment to the Oklahoma Department of
Human Services (DHS) within twenty-four (24) hours of
discovering the situation,
b. file a police report with the local law enforcement
agency within twenty-four (24) hours to ensure timely
investigation and coordination with DHS.
2. Upon receipt of a report, DHS shall investigate the
circumstances of the alleged abandonment in accordance with Section
1-2-105 of Title 10 of the Oklahoma Statutes, prioritizing the
safety and welfare of the child. Furthermore, law enforcement shall
collaborate with DHS to determine if the situation warrants
immediate protective custody or intervention under Section 1-4-201
of Title 10 of the Oklahoma Statutes, which governs emergency
custody of abandoned children.
3. DHS shall notify the court of any abandonment investigation
and file a report outlining the child's current status and
recommendations for guardianship or other protective measures.
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The court shall prioritize hearings for cases involving
abandonment to ensure that the child's safety and well-being are
addressed promptly.
4. Any person or agency required to report under this section
who knowingly fails to do so may be subject to penalties under
Section 1-2-101 of Title 10 of the Oklahoma Statutes, which outlines
the obligations of mandatory reporters in cases of child abuse,
neglect, or abandonment.
SECTION 2. REPEALER 30 O.S. 2021, Section 2-101, is
hereby repealed.
SECTION 3. This act shall become effective November 1, 2025.
60-1-10852 JL 12/16/24