Read the full stored bill text
An Act
ENROLLED SENATE
BILL NO. 1796 By: Rosino of the Senate
and
Lawson and Hill of the
House
An Act relating to foster care; defining terms;
allowing foster parents to use certain caregivers and
arrangements for temporary care of foster children;
specifying certain time limit on temporary care;
requiring certain notice; requiring foster parents to
identify certain formal alternate caregiver;
specifying requirements for alternate caregivers;
requiring certain screenings and home evaluation for
alternate caregivers; authorizing respite care by
certain foster families; providing for
qualifications; authorizing certain informal care
arrangements; requiring application of certain
parenting standard; prohibiting use of certain
informal caregivers; directing promulgation of rules;
providing for codification; and providing an
effective date.
SUBJECT: Foster care temporary arrangements
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 1-7-117 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
A. As used in this section:
ENR. S. B. NO. 1796 Page 2
1. “Alternate caregiver” means a person, assessed and approved
by the Department of Human Services, who for not more than fourteen
(14) consecutive days, relieves a foster parent’s day-to-day
responsibilities by temporarily assuming care and supervision of the
child in the custody of the Department. Such term applies only to
traditional, contracted, and kinship foster care;
2. “Informal care arrangement” means an arrangement a foster
parent makes with one or more informal caregivers, who may be
friends, neighbors, or relatives, for the foster child’s occasional
care for a period not to exceed seventy-two (72) hours; and
3. “Respite care” means short-term care provided by an approved
foster family when foster parents need breaks from day-to-day
parenting responsibilities while caring for a child in the custody
of the Department.
B. 1. Foster parents may use alternate caregivers, use respite
care, and make informal care arrangements to temporarily care for
their foster children as provided by this section and rules
promulgated by the Director of Human Services.
2. An individual providing care consecutively for more than
seventy-two (72) hours shall be an approved alternate caregiver as
provided by subsection C of this section or an approved foster
family that provides respite care in accordance with subsection E of
this section.
3. The foster parent shall notify the Department prior to using
an alternate caregiver, respite care, or an informal care
arrangement.
C. 1. The foster parent shall identify at least one alternate
caregiver, but no more than two, who can fulfill the foster parent’s
role for the foster child placed in the foster home in case of
family emergencies, or when the family needs an extended break for
up to fourteen (14) consecutive days.
2. The foster parent may only use an alternate caregiver who
has been approved by the Department. An approved alternate
caregiver may only provide care for foster families for which the
alternate caregiver has been approved by the Department.
ENR. S. B. NO. 1796 Page 3
3. An alternate caregiver shall successfully complete the
screening requirements provided by subsection D of this section and
shall meet such qualifications for approval as may be prescribed by
the Director through rule.
D. The alternate caregiver and each adult household member in
the alternate caregiver’s home shall successfully complete:
1. An Oklahoma State Bureau of Investigation name-based
criminal history records search;
2. A search of Department records including, but not limited
to, child welfare records;
3. A search of any applicable registries including, but not
limited to, the child care Restricted Registry under Section 405.3
of Title 10 of the Oklahoma Statutes, the community services worker
registry under Section 1025.3 of Title 56 of the Oklahoma Statutes,
and the nursing facility nontechnical services worker registry under
Section 1-1950.7 of Title 63 of the Oklahoma Statutes;
4. An evaluation of the home to assess the location, condition,
and capacity to accommodate the foster child; and
5. Any other requirements prescribed by the Director through
rule.
E. 1. Respite care may only be provided by a foster family
approved by the Department.
2. A foster family is not limited to providing respite care to
only one foster family.
3. To be approved to provide respite care, a foster family
shall meet such qualifications as may be prescribed by the Director
through rule.
F. 1. Foster parents may make informal care arrangements with
informal caregivers for the foster child’s occasional care in
accordance with this subsection and rules promulgated by the
Director.
ENR. S. B. NO. 1796 Page 4
2. Foster parents shall apply the reasonable and prudent parent
standard when selecting an informal caregiver to care for the foster
child and shall ensure he or she possesses the maturity and skills
to address the child’s needs.
3. The foster parent shall not use an informal caregiver who
the Department of Human Services has determined is unsafe.
G. The Director shall promulgate rules as necessary to
implement the provisions of this section.
SECTION 2. This act shall become effective November 1, 2026.
ENR. S. B. NO. 1796 Page 5
Passed the Senate the 10th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
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: _________________________________