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An Act
ENROLLED HOUSE
BILL NO. 3298 By: Timmons, Schreiber, Osburn,
McCane, Menz and Dollens of
the House
and
Rader, Boren and Nice of
the Senate
An Act relating to civil procedure; creating the
Uniform Judicial Interview of Children Act; providing
short title; defining terms; providing scope of act;
permitting judicial officer to conduct judicial
interview under certain circumstances; permitting
certain parties to request judicial interview;
providing considerations for the judicial officer;
requiring certain training for a judicial officer who
conducts a judicial interview; establishing
procedures for conducting judicial interview;
directing judicial officer to grant access to
interview record under certain circumstances;
directing a court to consider uniformity in applying
and construing act; specifying applicability of
provisions; providing for codification; and providing
an effective date.
SUBJECT: Civil procedure
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 3401 of Title 12, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Uniform
Judicial Interview of Children Act”.
ENR. H. B. NO. 3298 Page 2
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3402 of Title 12, unless there
is created a duplication in numbering, reads as follows:
As used in the Uniform Judicial Interview of Children Act:
1. “Child” means an unemancipated individual who is under
eighteen (18) years of age and includes an adult who, because of
physical or mental incapacity, is the subject of a covered
proceeding;
2. “Child’s attorney” means an attorney who provides legal
representation for a child in a covered proceeding;
3. “Court” means a tribunal authorized by law to adjudicate a
covered proceeding;
4. “Covered proceeding” means:
a. a civil judicial proceeding relating to a child to
determine any of the following:
(1) legal or physical custody,
(2) parenting time or visitation,
(3) relocation,
(4) nonparent custody or visitation,
(5) private adoption,
(6) guardianship or conservatorship, or
(7) any other matter involving custodial
responsibility, or
b. a proceeding under the International Child Abduction
Remedies Act, 22 U.S.C., Section 9001 et seq., as
amended;
5. “Guardian ad litem” means an individual who is appointed by
the court to represent a child’s best interest in a covered
proceeding;
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6. “Interview record” means a record of a judicial interview;
7. “Judicial interview” means communication not under oath or
affirmation between a child and a judicial officer in a covered
proceeding through which the judicial officer elicits the child’s
views;
8. “Judicial officer” means a judge or other individual who is
authorized by law to:
a. conduct a covered proceeding and make or recommend a
final decision in the proceeding, and
b. conduct a judicial interview;
9. “Party” means a litigant with a direct interest subject to
adjudication in the covered proceeding and does not include a child
who is the subject of the proceeding;
10. “Person” means an individual, estate, business or nonprofit
entity, public corporation, government or governmental subdivision,
agency, or instrumentality, or other legal entity;
11. “Record” means information:
a. inscribed on a tangible medium, or
b. stored in an electronic or other medium and
retrievable in perceivable form;
12. “State” means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States Virgin
Islands, or any other territory or possession subject to the
jurisdiction of the United States. The term includes a federally
recognized Indian tribe;
13. “Testimony” means evidence provided by a witness under oath
or affirmation; and
14. “Views” means wishes, preferences, or perspectives. The
term includes a child’s objection to being returned in a proceeding
under the International Child Abduction Remedies Act, 22 U.S.C.,
Section 9001 et seq., as amended.
ENR. H. B. NO. 3298 Page 4
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3403 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A. Except as provided in subsection B of this section, this act
shall apply to a covered proceeding in which other law permits a
judicial officer to conduct a judicial interview of a child who is
the subject of the proceeding.
B. This act shall not apply to:
1. A judicial interview conducted in a proceeding under the
Oklahoma Children’s Code or the Oklahoma Juvenile Code;
2. Testimony by a child; or
3. An interview conducted by a person other than a judicial
officer.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3404 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A. Unless prohibited by law, the child, child’s attorney,
guardian ad litem, or a party may request a judicial interview. The
decision to conduct a judicial interview is within the judicial
officer’s discretion and may be at the judicial officer’s own
initiative.
B. A judicial officer may conduct a judicial interview if the
judicial officer determines the judicial interview is in the child’s
best interest and the requirements of other law are met.
C. Except as provided by law, in deciding whether a judicial
interview is in the child’s best interest, the judicial officer
shall consider the child’s expressed desire to communicate or not
communicate with the judicial officer and, to the extent applicable
and readily ascertainable:
1. The likelihood that the judicial interview will assist the
judicial officer in adjudicating the covered proceeding;
2. The child’s age, maturity, and capacity to formulate and
communicate views to the judicial officer;
ENR. H. B. NO. 3298 Page 5
3. The likely benefit to the child from the judicial interview;
4. The potential harm to the child from the judicial interview,
including embarrassment, harassment, retaliation, or breach of a
relationship, and the judicial officer’s ability to mitigate harm
while still eliciting the child’s views;
5. The availability and suitability of other processes to
elicit the child’s views;
6. The likelihood that conducting the judicial interview may
facilitate recognition or enforcement in another state or foreign
court of the decision in the covered proceeding; and
7. Any other relevant factor.
D. A judicial officer who conducts a judicial interview shall
have training in interviewing a child in accordance with judicial
standards established under the laws of this state.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3405 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A. The judicial officer shall permit a party, the child’s
attorney, and the guardian ad litem to propose questions in a record
for the judicial interview. The judicial officer shall determine
the questions asked of the child.
B. The judicial officer shall require an interview record to be
made.
C. The judicial officer shall permit the child’s attorney and
guardian ad litem to attend the judicial interview in person.
D. The judicial officer shall not permit a party or the party’s
attorney to attend the judicial interview.
E. If all parties agree, the parties may stipulate on the
record that they waive access to the interview record. A
stipulation shall not be valid unless approved by a judicial
officer. The judicial officer may not approve a stipulation unless
each party stipulates that the party waives any right to access the
interview record, to be informed of communication by the child
during the judicial interview, and to respond to the child’s
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communication. Unless otherwise stated in the stipulation, a
stipulation under this section precludes access to the interview
record by the parties in a future covered proceeding, including an
appeal.
F. Before starting the judicial interview, the judicial officer
shall explain to the child in an age-appropriate manner information
about the judicial interview, including:
1. That the child is not required to answer the judicial
officer’s questions;
2. That the child’s views will be considered but the judicial
officer is the decision-maker;
3. That an interview record will be made;
4. Whether any individual will be observing or listening to the
judicial interview in real time;
5. Whether the interview record will be provided to the
parties; and
6. That the judicial officer under other law of this state may
be required in some circumstances to share with another person the
child’s communication.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3406 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A. Unless otherwise prohibited by a stipulation approved
pursuant to subsection E of Section 5 of this act and except as
provided under subsection B of this section, on request of a party
and after payment of required costs, the judicial officer shall
grant access to the interview record if a party appeals the final
decision in the covered proceeding.
B. Unless otherwise prohibited by a stipulation approved
pursuant to subsection E of Section 5 of this act, if the child
makes a factual allegation in the judicial interview, other than
communication of the child’s views, that is or may be contested and
is potentially dispositive in the covered proceeding, the judicial
officer shall disclose the allegation to the parties and provide
ENR. H. B. NO. 3298 Page 7
them an opportunity to submit evidence and legal argument in
response before making a final decision in the covered proceeding.
C. The right of the child, the child’s attorney, and the
guardian ad litem to access the interview record and participate in
the covered proceeding shall be governed by other law.
D. The judicial officer shall determine appropriate
restrictions on the disclosure of the contents of the judicial
interview and the interview record to nonparties during the covered
proceeding and after its conclusion.
E. On a finding required under Section 24A.29 of Title 51 of
the Oklahoma Statutes, the court shall seal the interview record
from public access.
F. The decision whether to permit the child to provide
testimony in a covered proceeding is governed by other law.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3407 of Title 12, unless there
is created a duplication in numbering, reads as follows:
In applying and construing this uniform act, a court shall
consider the promotion of uniformity of the law among states that
enact it.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3408 of Title 12, unless there
is created a duplication in numbering, reads as follows:
This act shall apply to a judicial interview requested or
initiated on or after the effective date of this act.
SECTION 9. This act shall become effective November 1, 2026.
ENR. H. B. NO. 3298 Page 8
Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 29th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________