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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1881 By: Jett
AS INTRODUCED
An Act relating to adjudicative hearings; amending
10A O.S. 2021, Section 2-2-402, as amended by Section
1, Chapter 8, O.S.L. 2023 (10A O.S. Supp. 2025,
Section 2-2-402), which relates to conduct of
adjudicative hearings; authorizing hearings to be
made public if in the public interest; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2-2-402, as
amended by Section 1, Chapter 8, O.S.L. 2023 (10A O.S. Supp. 2025,
Section 2-2-402), is amended to read as follows:
Section 2-2-402. A. All cases of children shall be heard
separately from the trial of cases against adults. The adjudicative
hearings shall be conducted according to the rules of evidence, and
may be adjourned from time to time.
1. Except as provided by paragraph 2 of this subsection, the
hearings shall be private; however, all persons having a direct
interest in the case as provided in this paragraph shall be admitted
and such proceedings may be made public if it is in the public
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interest. Any victim, relative, legal guardian of a victim, or a
person designated by the victim who is not subject to the rule of
sequestration as a witness of a delinquent act shall be considered
to have a direct interest in the case, shall be notified of all
court hearings involving that particular delinquent act, and shall
be admitted to the proceedings. The court shall, however, remove
all persons not having a direct interest in the case or that are not
the parents or legal guardian of the child from any hearing where
evidence of the medical or behavioral health condition of the child
or specific instances of deprivation are being presented.
Stenographic notes or other transcript of the hearings shall be kept
as in other cases, but they shall not be open to inspection except
by order of the court or as otherwise provided by law.
2. Hearings related to the second or subsequent delinquency
adjudication of a child shall be public proceedings. The
adjudications relied upon to determine whether a hearing is a public
proceeding pursuant to this paragraph shall not have arisen out of
the same transaction or occurrence or series of events closely
related in time and location. Upon its own motion or the motion of
any of the parties to the hearing and for good cause shown, the
court may order specific testimony or evidence to be heard in
private; provided, the court shall not exclude any relative, legal
guardian of a victim, or a person designated by the victim who is
not subject to the rule of sequestration as a witness from the
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hearing during testimony of the victim. For the purposes of this
paragraph, “good cause” shall mean a showing that it would be
substantially harmful to the mental or physical well-being of the
child if such testimony or evidence were presented at a public
hearing. The judge may, for good cause shown, open the court
hearings to educate members of the public about juvenile justice
issues; however, the identities of the juvenile respondents shall
not be published in any reports or articles of general circulation.
B. The child may remain silent as a matter of right in
delinquency hearings and in need of supervision hearings, and before
the child testifies, the child shall be so advised.
C. A decision determining a child to come within the purview of
the Oklahoma Juvenile Code shall be based on sworn testimony and the
child shall have the opportunity for cross-examination unless the
facts are stipulated or unless the child enters into a stipulation
that the allegations of the petition are true or that sufficient
evidence exists to meet the burden of proof required for the court
to sustain the allegations of the petition. In proceedings pursuant
to the Oklahoma Juvenile Code, the court may allow mileage as in
civil actions to witnesses and reimbursement for expert witnesses
but such shall not be tendered in advance of the hearing. If a
child is alleged to be delinquent and the facts are stipulated, the
judge shall ascertain from the child if the child agrees with the
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stipulation and if the child understands the consequences of
stipulating the facts.
D. For any child being held in a secure detention on charges as
an accused juvenile delinquent, adjudication shall occur within
thirty (30) days after the detainment for that charge. This time
may be extended to allow parties to negotiate in good faith to
review discovery or for any other good cause shown. The provisions
of this subsection shall not apply to matters in which a non-jury or
jury trial are requested by the child.
E. If the court finds that the allegations of a petition
alleging a child to be delinquent or in need of supervision are
supported by the evidence, the court shall sustain the petition, and
shall make an order of adjudication setting forth whether the child
is delinquent or in need of supervision and shall adjudge the child
as a ward of the court.
F. If the court finds that the allegations of the petition are
not supported by the evidence, the court shall order the petition
dismissed and shall order the child discharged from any detention or
restriction previously ordered. The parents, legal guardian or
other legal custodian of the child shall also be discharged from any
restriction or other previous temporary order.
G. Any arrest or detention under the Oklahoma Juvenile Code or
any adjudication in a juvenile proceeding shall not be considered an
arrest, detention or conviction for purposes of employment, civil
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rights, or any statute, regulation, license, questionnaire,
application, or any other public or private purposes, unless
otherwise provided by law.
SECTION 2. This act shall become effective November 1, 2026.
60-2-3124 BLB 1/15/2026 8:20:44 AM