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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1715 By: Thompson
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6 AS INTRODUCED
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7 An Act relating to guardians ad litem; amending 43
7 O.S. 2021, Sections 107.3 and 120.7, which relate to
8 appointment and court experts; requiring inclusion of
8 certain information in certain report; requiring
9 Oklahoma Bar Association to review and update certain
9 manual; prohibiting waiver of certain disclosures;
10 requiring inclusion of training information on
10 certain resume; modifying requirements for certain
11 training; and providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 43 O.S. 2021, Section 107.3, is
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16 amended to read as follows:
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17 Section 107.3. A. 1. In any proceeding when the custody or
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18 visitation of a minor child or children is contested by any party,
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19 the court may appoint an attorney at law as guardian ad litem upon
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20 motion of the court or upon application of any party to appear for
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21 and represent the minor children.
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22 2. The guardian ad litem may be appointed to objectively
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23 advocate on behalf of the child and act as an officer of the court
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24 to investigate all matters concerning the best interests of the
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1 child. In addition to other duties required by the court and as
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2 specified by the court, a guardian ad litem shall have the following
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3 responsibilities:
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4 a. review documents, reports, records and other
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5 information relevant to the case, meet with and
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6 observe the child in appropriate settings, and
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7 interview parents, caregivers and health care
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8 providers and any other person with knowledge relevant
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9 to the case including, but not limited to, teachers,
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10 counselors and child care providers,
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11 b. advocate for the best interests of the child by
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12 participating in the case, attending any hearings in
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13 the matter and advocating for appropriate services for
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14 the child when necessary,
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15 c. monitor the best interests of the child throughout any
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16 judicial proceeding,
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17 d. present written factual reports to the parties and
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18 court prior to trial or at any other time as specified
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19 by the court on the best interests of the child, which
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20 determination is solely the decision of the court, and
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21 e. include in the written factual report all allegations
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22 of domestic violence against either party, and
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23 f. the guardian ad litem shall, as much as possible,
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24 maintain confidentiality of information related to the
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1 case and is not subject to discovery pursuant to the
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2 Oklahoma Discovery Code.
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3 3. Expenses, costs, and attorney fees for the guardian ad litem
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4 may be allocated among the parties as determined by the court.
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5 4. The Oklahoma Bar Association shall develop a standard
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6 operating manual for guardians ad litem which shall include, but not
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7 be limited to, legal obligations and responsibilities, information
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8 concerning child abuse, child development, domestic abuse, sexual
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9 abuse, and parent and child behavioral health and management
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10 including best practices. After publication of the manual, all
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11 guardians ad litem shall certify to the court in which he or she is
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12 appointed as a guardian ad litem that the manual has been read and
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13 all provisions contained therein are understood. The guardian ad
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14 litem shall also certify that he or she agrees to follow the best
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15 practices described within the standard operating manual. The
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16 Administrative Office of the Courts shall provide public access to
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17 the standard operating manual by providing a link to the manual on
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18 the Oklahoma State Courts Network (OSCN) website. The manual shall
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19 be reviewed and updated every two (2) years by the Oklahoma Bar
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20 Association.
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21 B. When property, separate maintenance, or custody is at issue,
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22 the court:
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23 1. May refer the issue or issues to mediation if feasible
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24 unless a party asserts or it appears to the court that domestic
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1 violence or child abuse has occurred, in which event the court shall
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2 halt or suspend professional mediation unless the court specifically
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3 finds that:
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4 a. the following three conditions are satisfied:
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5 (1) the professional mediator has substantial
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6 training concerning the effects of domestic
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7 violence or child abuse on victims,
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8 (2) a party who is or alleges to be the victim of
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9 domestic violence is capable of negotiating with
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10 the other party in mediation, either alone or
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11 with assistance, without suffering an imbalance
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12 of power as a result of the alleged domestic
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13 violence, and
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14 (3) the mediation process contains appropriate
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15 provisions and conditions to protect against an
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16 imbalance of power between parties resulting from
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17 the alleged domestic violence or child abuse, or
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18 b. in the case of domestic violence involving parents,
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19 the parent who is or alleges to be the victim requests
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20 mediation and the mediator is informed of the alleged
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21 domestic violence; and
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22 2. When custody is at issue, the court may order, in addition
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23 to or in lieu of the provisions of paragraph 1 of this subsection,
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24 that each of the parties undergo individual counseling in a manner
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1 that the court deems appropriate, if the court finds that the
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2 parties can afford the counseling.
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3 C. As used in this section:
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4 1. "Child abuse or neglect" shall have the same meaning as
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5 "abuse" or "neglect" as defined by Section 1-1-105 of Title 10A of
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6 the Oklahoma Statutes or shall mean the child has been adjudicated
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7 deprived as a result of the actions or omission of either parent
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8 pursuant to the Oklahoma Children's Code; and
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9 2. "Domestic violence" shall have the same meaning as such term
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10 is defined by the Protection from Domestic Abuse Act.
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11 D. During any proceeding concerning child custody, should it be
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12 determined by the court that a party has intentionally made a false
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13 or frivolous accusation to the court of child abuse or neglect
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14 against the other party, the court shall proceed with any or all of
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15 the following:
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16 1. Find the accusing party in contempt for perjury and refer
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17 for prosecution;
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18 2. Consider the false allegations in determining custody; and
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19 3. Award the obligation to pay all court costs and legal
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20 expenses encumbered by both parties arising from the allegations to
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21 the accusing party.
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22 SECTION 2. AMENDATORY 43 O.S. 2021, Section 120.7, is
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23 amended to read as follows:
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1 Section 120.7. A. As used in this section, "court expert"
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2 means a parenting coordinator, guardian ad litem, custody evaluator
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3 or any other person appointed by the court in a custody or
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4 visitation proceeding involving children.
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5 B. Before the court appoints an individual as a court expert,
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6 the following disclosures shall be made by the candidate to the
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7 parties and shall not be waived by either party:
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8 1. A disclosure of any prior relationships with any party,
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9 attorney or judge in the pending action;
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10 2. A complete resume disclosing all personal and professional
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11 qualifications to serve as a court expert including, but not limited
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12 to, all training required pursuant to subsection D of this section;
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13 3. Any suspensions from practice, reprimands, or other formal
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14 punishments resulting from an adjudication of complaints filed
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15 against the person with the professional licensing board or other
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16 organization authorized to receive complaints regarding the
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17 performance of the individual in question; and
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18 4. Any criminal convictions within the past ten (10) years and
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19 inclusion on any sexual offender list.
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20 C. A party may file an objection to the appointment of a
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21 proposed court expert within fifteen (15) days after the receipt of
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22 the disclosures required by subsection B of this section. Upon
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23 filing an objection to the proposed court expert, the court shall
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24 set the matter for hearing. If requested, the party objecting to
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1 the appointment of the proposed court expert shall be entitled to
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2 discovery related to the qualifications and appropriateness of the
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3 proposed court expert prior to hearing.
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4 D. In any case involving domestic violence, stalking or
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5 harassment as defined by paragraph 2 of subsection I of Section 109
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6 of this title, the The court expert shall have completed sixteen
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7 (16) six (6) hours of domestic violence training prior to
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8 appointment, and two (2) additional hours of training annually that
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9 includes include, but is are not limited to, information regarding
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10 the danger and lethality of domestic violence, the causes and
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11 dynamics of domestic violence, the impact of domestic violence upon
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12 victims and children, and the characteristics of a batterer as a
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13 parent.
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14 SECTION 3. This act shall become effective November 1, 2026.
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16 60-2-2508 TEK 1/14/2026 11:22:16 AM
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Req. No. 2508 Page 7Every fact on this page links to its source, starting with the official bill record.