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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 2175 By: Jett
AS INTRODUCED
An Act relating to emergency custody of children;
amending 10A O.S. 2021, Section 1-4-203, which
relates to emergency custody hearings; clarifying
when court must advise a parent, legal guardian, or
custodian of certain rights; permitting continuance
of hearing in certain circumstances; updating
statutory language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-4-203, is
amended to read as follows:
Section 1-4-203. A. Within the next two (2) judicial days
following the child being taken into protective or emergency
custody, the court shall conduct an emergency custody hearing. At
the hearing, information may be provided to the court in the form of
oral or written reports, affidavits or testimony. Any information
having probative value may be received by the court regardless of
its admissibility under the Oklahoma Evidence Code. At the hearing
the court shall:
1. Determine whether facts exist that are sufficient to
demonstrate to the court there is reasonable suspicion that the
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child is in need of immediate protection due to abuse or neglect, or
that the circumstances or surroundings of the child are such that
continuation of the child in the child’s home or in the care or
custody of the parent, legal guardian, or custodian would present an
imminent danger to the child;
2. Advise the parent, legal guardian, or custodian of the child
in writing of the following:
a. any right of the parent, legal guardian, or custodian
to testify and present evidence at court hearings,
b. the right to be represented by an attorney at court
hearings, including the emergency custody hearing
required by this section,
c. the consequences of failure to attend any hearings
which may be held, and
d. the right to appeal and procedure for appealing an
order of the court;
3. Determine custody of the child and order one of the
following:
a. release of the child to the custody of the child’s
parent, legal guardian, or custodian from whom the
child was removed under any conditions the court finds
reasonably necessary to protect the health, safety, or
welfare of the child, or
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b. placement of the child in the custody of a responsible
adult or licensed child-placing agency under any
conditions the court finds reasonably necessary to
protect the health, safety, or welfare of the child,
or
c. whether to continue the child in or to place the child
into the emergency custody of the Department of Human
Services;
4. Order the parent, legal guardian, or custodian to complete
an affidavit listing the names, addresses, and phone numbers of any
parent, whether known or alleged, grandparent, aunt, uncle, brother,
sister, half-sibling, and first cousin and any comments concerning
the appropriateness of the potential placement of the child with the
relative. If no such relative exists, the court shall require the
parent, legal guardian, or custodian to list any other relatives or
persons with whom the child has had a substantial relationship or
who may be a suitable placement for the child;
5. Direct the parent, legal guardian, or custodian to furnish
the Department with a copy of the child’s birth certificate within
fifteen (15) days from the hearing if a petition is filed, unless
otherwise extended by the court; and
6. In accordance with the safety or well-being of any child,
determine whether reasonable efforts have been made to:
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a. place siblings, who have been removed, together in the
same foster care, guardianship, or adoptive placement,
and
b. provide for frequent visitation or other ongoing
interaction in the case of siblings who have been
removed and who are not placed together.
B. The parent, legal guardian, or custodian of the minor child
may continue the emergency custody hearing for up to ten (10) days
to permit sufficient time to apply for indigent counsel, hire
counsel, or prepare rebuttal evidence.
C. The office of the State Court Administrator Administrative
Director of the Courts shall create an affidavit form and make it
available to each court responsible for conducting emergency custody
hearings. The affidavit form shall contain a notice to the parent,
legal guardian, or custodian that failure to identify a parent or
relative in a timely manner may result in the child being
permanently placed outside of the home of the child’s parent or
relative. The affidavit form shall also advise the parent, legal
guardian, or custodian of the penalties associated with perjury and
contempt of court. The original completed affidavit shall be filed
with the court clerk no later than five (5) days after the hearing
or as otherwise directed by the court and a copy shall be provided
to the Department.
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C. D. 1. The Department shall, within thirty (30) days of the
removal of a child, exercise due diligence to identify relatives.
Notice shall be provided by the Department to the following adult
relatives: all grandparents, all parents of a sibling of the child,
where the parent has legal custody of the sibling, and other adult
relatives of the child, including relatives suggested by the
parents, as the court directs. The notice shall advise the
relatives:
a. the child has been or is being removed from the
custody of the parent or parents of the child,
b. of the options under applicable law to participate in
the care and placement of the child, including any
options that may be lost by failing to respond to the
notice, and
c. of the requirements to become a foster family home and
the additional services and supports available for
children placed in the home.
2. Relatives shall not be notified if notification would not be
in the best interests of a child due to past or current family or
domestic violence. The Department may promulgate rules in
furtherance of the provisions of this subsection.
SECTION 2. This act shall become effective November 1, 2026.
60-2-3394 BLB 1/15/2026 2:22:56 PM