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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1320 By: Prieto
AS INTRODUCED
An Act relating to placement of child; amending 10A
O.S. 2021, Section 1-4-705, as amended by Section 3,
Chapter 59, O.S.L. 2024 (10A O.S. Supp. 2025, Section
1-4-705), which relates to religious preference and
restrictions on placement; establishing order of
preference for certain placement; prohibiting certain
placement; updating statutory language; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-4-705, as
amended by Section 3, Chapter 59, O.S.L. 2024 (10A O.S. Supp. 2025,
Section 1-4-705), is amended to read as follows:
Section 1-4-705. A. In placing a child in the custody of an
individual, a private agency, or institution, the court and the
Department of Human Services shall, if possible, select a person,
agency, or institution in the following order of precedence:
1. A member of the child’s family related by no more than the
third degree of consanguinity or affinity, or fourth degree of
consanguinity or affinity in the case of first cousins;
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2. A member of a local religious or faith-based community of
the child’s family;
3. An institution governed by persons of the same religious
faith as that of the parents of the child, or in case of a
difference in the religious faith of the parents, then of the
religious faith of the child; or
4. An individual, private agency, or institution the court and
the Department determines will best serve the intent described in
Section 1-1-102 of this title.
B. Except as otherwise provided by this section or by law, it
shall be left to the discretion of the judge to place the custody of
children where their total needs will best be served. If an
individual meets the minimum required age for placement purposes,
the age of an otherwise eligible individual shall not be a reason
for denying the individual placement or custody of a child.
C. A prospective foster or adoptive parent shall not be an
approved placement for a child if the prospective foster or adoptive
parent or any other person residing in the home of the prospective
foster or adoptive parent has been convicted of any of the following
felony offenses:
1. Within the five-year period preceding the application date,
a physical assault, battery, or a drug-related offense;
2. Child abuse or neglect;
3. Domestic abuse;
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4. A crime against a child, including, but not limited to,
child sexual abuse material; or
5. A crime involving violence, including, but not limited to,
rape, sexual assault or homicide, but excluding those crimes
specified in paragraph 1 of this subsection.
D. 1. Under no circumstances shall a child be placed with or
in the custody of an individual subject to the Oklahoma Sex
Offenders Registration Act or an individual who is married to or
living with an individual subject to the Oklahoma Sex Offenders
Registration Act.
2. In addition, prior to the court placing a child in the
custody of an individual, the court shall inquire as to whether the
individual has been previously convicted of any felony or relevant
misdemeanor or has any felony or misdemeanor charges pending.
3. Prior to the custody order being entered, the individual
seeking custody shall provide an Oklahoma criminal history record
obtained pursuant to Section 150.9 of Title 74 of the Oklahoma
Statutes to the court.
4. For purposes of this subsection the terms:
a. “relevant misdemeanor” may include assault and
battery, alcohol- or drug-related offenses, domestic
violence or other offenses involving the use of
physical force or violence against the person or
property of another, and
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b. “individual” shall not include a parent or legal
guardian of the child.
E. A prospective foster or adoptive parent shall not be an
approved placement for a child if the prospective foster or adoptive
parent is an employee of the Department, or a relative of an
employee of the Department to the third degree of consanguinity or
affinity, or the fourth degree of consanguinity or affinity in the
case of first cousins. Such prohibition shall apply for a period of
two (2) years following the termination of employment with the
Department.
F. The provisions of this section shall not apply in any
paternity or domestic relations case, unless otherwise ordered by
the court.
SECTION 2. This act shall become effective November 1, 2026.
60-2-2535 TEK 12/29/2025 2:46:59 PM