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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1821 By: Jett
AS INTRODUCED
An Act relating to termination of parental rights;
amending 10A O.S. 2021, Section 1-4-502, as last
amended by Section 2, Chapter 375, O.S.L. 2025 (10A
O.S. Supp. 2025, Section 1-4-502), which relates to
jury trials; requiring separate court to conduct
certain bench trials; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-4-502, as
last amended by Section 2, Chapter 375, O.S.L. 2025 (10A O.S. Supp.
2025, Section 1-4-502), is amended to read as follows:
Section 1-4-502. A. A parent entitled to service of summons,
the state or a child shall have the right to demand a trial by jury
on the sole issue of termination of parental rights only in the
following circumstances:
1. When the initial petition to determine if a child is
deprived also contains a request for termination of parental rights
in which case the court shall determine if the child should be
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adjudicated deprived and, if so, the jury shall determine if
parental rights should be terminated; or
2. When, following a hearing in which the child is adjudicated
deprived, a request for termination of parental rights is filed by
the state or the child.
B. The demand for a jury trial shall be granted unless waived,
or the court on its own motion may call a jury to try any
termination of parental rights case.
C. 1. If the jury trial to determine whether parental rights
should be terminated is waived, the court shall issue a scheduling
order within thirty (30) days. A bench trial shall commence within
ninety (90) days of the issuance of the scheduling order unless the
court issues a written order with findings of fact supporting a
determination that there exists an exceptional circumstance to
support the delay or that the parties and the guardian ad litem, if
any, agree to such continuance. A bench trial under this paragraph
shall be conducted by a separate court than a court that conducted
any hearing pursuant to subsection A of Section 1-4-503 of this
title. Any judge who presides over a hearing where the rules of
evidence do not apply shall not preside over a subsequent trial
where the rules of evidence do apply.
2. Upon a demand for a trial by jury, the court shall issue a
scheduling order within thirty (30) days. A jury trial shall
commence within six (6) months of the issuance of the scheduling
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order unless the court issues a written order with findings of fact
supporting a determination that there exists an exceptional
circumstance to support the delay or that the parties and the
guardian ad litem, if any, agree to such continuance. The jury
shall consist of six (6) persons. A party who requests a jury trial
and fails to appear in person for such trial, after proper notice
and without good cause, may be deemed by the court to have waived
the right to such jury trial, and the termination of parental rights
shall be by nonjury trial unless another party demands a jury trial
or the court determines on its own motion to try the case to a jury.
SECTION 2. This act shall become effective November 1, 2026.
60-2-3389 TEK 1/14/2026 10:22:38 PM