An act relating to children and juvenile code, the official text

1                            STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1746               By: Moore

4

5

6

7                            AS INTRODUCED

8   An Act relating to children and juvenile code;

    amending 10A O.S. 2021, Section 1-4-502, as amended

9   by Section 1, Chapter 363, O.S.L. 2023 (10A O.S.

    Supp. 2024, Section 1-4-502), which relates to jury

10  trials on the issue of termination of parental

    rights; excluding persons from the right to jury

11  trial on the issue of termination of parental rights;

    and providing an effective date.

12

13

14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

15  SECTION 1.      AMENDATORY  10A O.S. 2021, Section 1-4-502, as

16 amended by Section 1, Chapter 363, O.S.L. 2023 (10A O.S. Supp. 2024,

17 Section 1-4-502), is amended to read as follows:

18  Section 1-4-502. A. A parent entitled to service of summons,

19 the state or a child shall not have the right to demand a trial by

20 jury on the sole issue of termination of parental rights only in the

21 following circumstances:

22  1. When the initial petition to determine if a child is

23 deprived also contains a request for termination of parental rights

24 in which case the court shall determine if the child should be

    Req. No. 10391                                                 Page 1
1 adjudicated deprived and, if so, the jury shall determine if

2 parental rights should be terminated; or

3   2. When, following a hearing in which the child is adjudicated

4 deprived, a request for termination of parental rights is filed by

5 the state or the child.

6   B. The demand for a jury trial shall be granted unless waived,

7 or the court on its own motion may call a jury to try any

8 termination of parental rights case. Upon a demand for a trial by

9 jury, the court shall issue a scheduling order within thirty (30)

10 days. A jury trial shall commence within (6) months of the issuance

11 of the scheduling order unless the court issues a written order with

12 findings of fact supporting a determination that there exists an

13 exceptional circumstance to support the delay or that the parties

14 and the guardian ad litem, if any, agree to such continuance. The

15 jury shall consist of six (6) persons. A party who requests a jury

16 trial and fails to appear in person for such trial, after proper

17 notice and without good cause, may be deemed by the court to have

18 waived the right to such jury trial, and the termination of parental

19 rights shall be by nonjury trial unless another party demands a jury

20 trial or the court determines on its own motion to try the case to a

21 jury.

22  SECTION 2. This act shall become effective November 1, 2025.

23

24  60-1-10391      AO     12/16/24

    Req. No. 10391                                              Page 2