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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1760 By: Jett
AS INTRODUCED
An Act relating to family court; amending 10A O.S.
2021, Sections 1-4-601 and 1-4-706, which relate to
adjudication and dispositional hearings; requiring a
court to conduct a nonjury trial for a certain
determination; raising burden of proof; requiring
courts to ensure due process rights are respected;
modifying which evidence can be relied upon in
certain hearings; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-4-601, is
amended to read as follows:
Section 1-4-601. A. The court shall hold an adjudication
hearing following the filing of a petition alleging that a child is
deprived. The hearing shall be held not more than ninety (90)
calendar days following the filing of the petition. The child and
the child’s parents, guardian, or other legal custodian shall be
entitled to not less than twenty (20) days’ prior notice of the
hearing.
B. 1. The child shall be released from emergency custody in
the event the adjudication hearing is delayed beyond ninety (90)
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days from the date the petition is filed unless the court issues a
written order with findings of fact supporting a determination that:
a. there exists reasonable suspicion that the health,
safety, or welfare of the child would be in imminent
danger if the child were returned to the home, and
b. there exists either an exceptional circumstance to
support the continuance of the child in emergency
custody or the parties and the guardian ad litem, if
any, agree to such continuance.
2. If the adjudicatory hearing is delayed pursuant to this
subsection, the emergency custody order shall expire unless the
hearing on the merits of the petition is held within one hundred
eighty (180) days after the actual removal of the child.
C. The release of a child from emergency custody due to the
failure of an adjudication hearing being held within the time frame
prescribed by this section shall not deprive the court of
jurisdiction over the child and the parties or authority to enter
temporary orders the court deems necessary to provide for the
health, safety, and welfare of the child pending the hearing on the
petition.
D. At the adjudication hearing, if the court finds that it is
in the best interest of the child, the court shall:
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1. Accept a stipulation by the child’s parent, guardian, or
other legal custodian that the facts alleged in the petition are
true and correct;
2. Accept a stipulation by the child’s parent, guardian, or
other legal custodian that if the state presented its evidence
supporting the truth of the factual allegations in the petition to a
court of competent jurisdiction, such evidence would be sufficient
to meet the state’s burden of proving by a preponderance of the
evidence that the factual allegations are true and correct; or
3. Conduct conduct a nonjury trial to determine whether the
state has met its burden of proving by a preponderance of the
evidence beyond a reasonable doubt that the factual allegations in
the petition are true and correct.
E. 1. A decision determining a child to be deprived in a
nonjury trial shall be based on sworn testimony and ensure that each
parent’s due process rights have been fully respected.
2. The child, as a party to the proceeding, shall be given the
opportunity to cross-examine witnesses and to present a case in
chief if desired.
SECTION 2. AMENDATORY 10A O.S. 2021, Section 1-4-706, is
amended to read as follows:
Section 1-4-706. A. 1. When a child has been adjudicated
deprived pursuant to the provisions of Section 1-4-603 of this
title, a dispositional hearing may be held on the same day as the
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adjudication hearing, but in any event the hearing shall be held and
an order entered no later than forty (40) calendar days thereafter.
The dispositional hearing shall not be delayed absent a showing of
good cause and a finding by the court that the best interests of the
child will be served by granting the delay. The court shall set
forth the reasons why a delay is necessary and shall schedule the
hearing at the earliest possible time following the delay.
2. During the hearing all evidence, including oral and written
reports, relevant to the determination of the disposition best
serving the health, safety, and welfare of the child may be received
by the court and may be relied upon to the extent of that its
probative value even though not otherwise competent in the hearing
on the petition outweighs its prejudicial effect. The parties shall
be afforded a reasonable opportunity to examine the written reports
prepared for the court’s consideration prior to the dispositional
hearing and to controvert them. The hearing may be informal and
hearsay may be relied upon.
3. Any order concerning child support, visitation, or the legal
custody of the child entered in any other administrative or district
court proceeding shall be subject to modification by the juvenile
court during the pendency of the deprived action.
4. The court shall determine and order the individualized
service plan for the parties.
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5. At the conclusion of the dispositional hearing, the court
shall schedule the dates and times for periodic review and
permanency hearings.
B. 1. If the child is removed from the custody of the child’s
parent, the court or the Department of Human Services, as
applicable, shall immediately consider concurrent permanency
planning, and, when appropriate, develop a concurrent plan so that
permanency may occur at the earliest opportunity. Consideration
should be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide permanency
for the child.
2. The court shall further:
a. establish an initial permanency plan for the child,
and
b. determine if aggravated circumstances exist pursuant
to Section 1-4-809 of this title and whether
reunification services are appropriate for the child
and the child’s family.
3. When reunification with a parent or legal guardian is the
permanency plan and concurrent planning is indicated, the court
shall determine if efforts are being made to place the child in
accord with the concurrent permanency plan, including whether
appropriate in-state and out-of-state permanency placement options
have been identified and pursued.
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4. Every effort shall be made to place the child with a
suitable relative of the child.
SECTION 3. This act shall become effective November 1, 2026.
60-2-3115 BLB 1/14/2026 3:09:51 PM