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Oklahoma Legislature· HB 3039Referred to Appropriations and Budget Human Services Subcommittee

An act relating to children, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                            STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3039                 By: Woolley

4

5

6                            AS INTRODUCED

7   An Act relating to children; enacting the In the

    Child's Best Interest Act; defining terms; providing

8   adoptive, fostering, and legal guardianship

    arrangement requirements; limiting arrangement to no

9   more than two adults; permitting other adults to

    assist in the care of the child; directing the courts

10  to declare certain arrangements void; directing the

    Department of Human Services or other agency to find

11  home for child; providing preference for biologically

    related adults; providing for codification; and

12  providing an effective date.

13

14

15

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

17  SECTION 1.      NEW LAW  A new section of law to be codified

18 in the Oklahoma Statutes as Section 2001 of Title 10, unless there

19 is created a duplication in numbering, reads as follows:

20  This act shall be known and may be cited as the "In the Child's

21 Best Interest Act".

22  SECTION 2.      NEW LAW  A new section of law to be codified

23 in the Oklahoma Statutes as Section 2002 of Title 10, unless there

24 is created a duplication in numbering, reads as follows:

    Req. No. 14327                                           Page 1
1   For the purposes of this act:

2   1. "Adult female" means an individual who is eighteen (18)

3 years of age or older and biologically female;

4   2. "Adult male" means an individual who is eighteen (18) years

5 of age or older and biologically male;

6   3. "Adoption" means the legal process by which a person or

7 persons become the legal parent or parents of a child;

8   4. "Biological relative" means a person related to the child by

9 blood, including, but not limited to, parents, grandparents,

10 siblings, aunts, uncles, or cousins;

11  5. "Foster care" means the temporary placement of a child in a

12 home licensed or approved by the state for the purpose of providing

13 care and supervision; and

14  6. "Legal guardianship" means the legal authority granted by a

15 court to a person or persons to make decisions regarding the care,

16 custody, and welfare of a child.

17  SECTION 3.      NEW LAW   A new section of law to be codified

18 in the Oklahoma Statutes as Section 2003 of Title 10, unless there

19 is created a duplication in numbering, reads as follows:

20  A. In order to promote the best interest of the child, all

21 adoptive, fostering, or legal guardianship arrangements approved or

22 recognized by any court, agency, or entity in the State of Oklahoma

23 shall consist of either:

24  1. One (1) able and willing adult; or

    Req. No. 14327                                              Page 2
1   2. Two (2) able and willing adults comprising one (1) adult

2 female and one (1) adult male.

3   B. The official adoptive, fostering, or legal guardianship

4 arrangements shall be limited to no more than two (2) positions and

5 shall only be reserved for an adult female and an adult male,

6 conjointly, or for a single adult as provided in subsection A of

7 this section.

8   SECTION 4.      NEW LAW       A new section of law to be codified

9 in the Oklahoma Statutes as Section 2004 of Title 10, unless there

10 is created a duplication in numbering, reads as follows:

11  A. Nothing in this act shall prohibit other adults, including,

12 but not limited, to grandparents, relatives, or friends of the

13 adoptive parents, foster parents, or legal guardians, from assisting

14 in the care of the child in the approved home or in the child's

15 everyday life.

16  B. Biological relatives of the child or of the adoptive

17 parents, foster parents, or legal guardians may assist in caring for

18 the child, provided such assistance does not alter the official

19 adoptive, fostering, or legal guardianship arrangements, which shall

20 remain limited to an adult female and an adult male, conjointly, or

21 a single adult.

22  SECTION 5.      NEW LAW       A new section of law to be codified

23 in the Oklahoma Statutes as Section 2005 of Title 10, unless there

24 is created a duplication in numbering, reads as follows:

    Req. No. 14327                                                  Page 3
1   A. If any adoption, foster care placement, or legal

2 guardianship is found to violate the provisions of this act, the

3 courts of the State of Oklahoma shall declare such arrangement void

4 and not recognized by the state.

5   B. Upon a finding of violation, the state, through the

6 Department of Human Services or other appropriate agency, shall

7 immediately work to find a safe and suitable home for the child.

8 Placement shall be made with either:

9   1. One (1) able and willing adult; or

10  2. Two (2) able and willing adults comprising one (1) adult

11 male and one (1) adult female.

12  C. In determining placement under subsection B of this section,

13 the state shall give preference to adults who are biologically

14 related to the child in the closest degree of kinship, provided such

15 relatives are proven to be safe and suitable for the child through

16 background checks, home studies, and other evaluations required by

17 state law.

18  SECTION 6. This act shall become effective November 1, 2026.

19

20  60-2-14327      CMA  01/05/26

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    Req. No. 14327                                                 Page 4
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