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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1637 By: Jett
AS INTRODUCED
An Act relating to parental rights; creating the
Parental Medical Rights Protection Act; providing
short title; stating legislative findings; defining
term; prohibiting removal of child from custodial
parent under certain circumstances; providing
exception; requiring showing of clear and convincing
evidence for certain removals; authorizing rebuttal
of determination by showing of certain evidence;
requiring court to allow discovery and expert
testimony in certain actions; prohibiting judicial
notice of certain matters; providing exception;
prohibiting issuance of certain emergency removal
order without certain finding; construing provisions;
providing for noncodification; 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 not to be
codified in the Oklahoma Statutes reads as follows:
A. This act shall be known and may be cited as the “Parental
Medical Rights Protection Act”.
B. The Legislature finds that parents have a fundamental right
to direct the medical care of their children and that the State of
Oklahoma’s interest in child welfare must be balanced against this
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right. This Act limits the authority of the Department of Human
Services to remove a child solely on allegations of medical neglect.
This Act shall be liberally construed to protect the fundamental
right of parents to make medical decisions for their children,
consistent with the Constitutions of the United States and the State
of Oklahoma.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-3-105 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. As used in this act, “medical necessity” means a condition
in which the absence of a specific treatment is reasonably certain
to result in death or permanent, irreversible physical impairment,
and where a safe and efficacious treatment exists that is reasonably
expected to prevent such outcome without causing a disproportionate
risk of serious harm.
B. No child shall be removed from the custody of a parent based
solely on allegations of neglect, as defined in Section 1-1-105 of
Title 10A of the Oklahoma Statutes, for the failure or omission to
provide medical care unless it is shown by clear and convincing
evidence that:
1. The proposed medical treatment is medically necessary to
prevent imminent death or permanent disability; and
2. The parent or guardian has refused or failed to obtain such
treatment after being fully informed, in writing or by sworn
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testimony, of such medical necessity by a licensed health care
provider.
C. A parent or guardian may rebut a showing of medical
necessity by demonstrating that:
1. The child is receiving, or will receive, treatment under the
care of a licensed, registered, or credentialed medical or
alternative treatment professional authorized to treat the condition
within the scope of his or her recognized practice; and
2. The professional holds credentials recognized by any state
or federal authority and maintains active malpractice or
professional liability insurance.
D. The court shall allow parents to obtain discovery and
present expert testimony to rebut evidence of medical necessity.
The court shall not take judicial notice of contested scientific or
medical matters unless all parties agree or such evidence is
established through admissible expert testimony.
E. In cases alleging medical neglect, no emergency removal
order pursuant to Section 1-4-201 of Title 10A of the Oklahoma
Statutes shall issue unless the court also finds clear and
convincing evidence of other acts or threats of physical abuse
posing an imminent risk to the child’s safety.
F. Nothing in this act shall be construed to prevent the
Department of Human Services or law enforcement from acting in cases
of immediate and substantial risk of death or physical injury,
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provided that such action is narrowly tailored to address the
specific emergency and is subject to judicial review by a district
court within twenty-four (24) hours.
SECTION 3. This act shall become effective November 1, 2026.
60-2-2319 TEK 1/13/2026 6:38:22 PM