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
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1760 By: Jett
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6 AS INTRODUCED
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7 An Act relating to family court; amending 10A O.S.
7 2021, Sections 1-4-601 and 1-4-706, which relate to
8 adjudication and dispositional hearings; requiring a
8 court to conduct a nonjury trial for a certain
9 determination; raising burden of proof; requiring
9 courts to ensure due process rights are respected;
10 modifying which evidence can be relied upon in
10 certain hearings; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-4-601, is
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15 amended to read as follows:
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16 Section 1-4-601. A. The court shall hold an adjudication
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17 hearing following the filing of a petition alleging that a child is
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18 deprived. The hearing shall be held not more than ninety (90)
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19 calendar days following the filing of the petition. The child and
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20 the child's parents, guardian, or other legal custodian shall be
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21 entitled to not less than twenty (20) days' prior notice of the
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22 hearing.
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23 B. 1. The child shall be released from emergency custody in
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24 the event the adjudication hearing is delayed beyond ninety (90)
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1 days from the date the petition is filed unless the court issues a
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2 written order with findings of fact supporting a determination that:
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3 a. there exists reasonable suspicion that the health,
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4 safety, or welfare of the child would be in imminent
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5 danger if the child were returned to the home, and
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6 b. there exists either an exceptional circumstance to
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7 support the continuance of the child in emergency
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8 custody or the parties and the guardian ad litem, if
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9 any, agree to such continuance.
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10 2. If the adjudicatory hearing is delayed pursuant to this
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11 subsection, the emergency custody order shall expire unless the
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12 hearing on the merits of the petition is held within one hundred
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13 eighty (180) days after the actual removal of the child.
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14 C. The release of a child from emergency custody due to the
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15 failure of an adjudication hearing being held within the time frame
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16 prescribed by this section shall not deprive the court of
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17 jurisdiction over the child and the parties or authority to enter
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18 temporary orders the court deems necessary to provide for the
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19 health, safety, and welfare of the child pending the hearing on the
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20 petition.
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21 D. At the adjudication hearing, if the court finds that it is
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22 in the best interest of the child, the court shall:
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1 1. Accept a stipulation by the child's parent, guardian, or
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2 other legal custodian that the facts alleged in the petition are
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3 true and correct;
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4 2. Accept a stipulation by the child's parent, guardian, or
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5 other legal custodian that if the state presented its evidence
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6 supporting the truth of the factual allegations in the petition to a
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7 court of competent jurisdiction, such evidence would be sufficient
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8 to meet the state's burden of proving by a preponderance of the
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9 evidence that the factual allegations are true and correct; or
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10 3. Conduct conduct a nonjury trial to determine whether the
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11 state has met its burden of proving by a preponderance of the
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12 evidence beyond a reasonable doubt that the factual allegations in
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13 the petition are true and correct.
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14 E. 1. A decision determining a child to be deprived in a
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15 nonjury trial shall be based on sworn testimony and ensure that each
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16 parent's due process rights have been fully respected.
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17 2. The child, as a party to the proceeding, shall be given the
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18 opportunity to cross-examine witnesses and to present a case in
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19 chief if desired.
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20 SECTION 2. AMENDATORY 10A O.S. 2021, Section 1-4-706, is
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21 amended to read as follows:
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22 Section 1-4-706. A. 1. When a child has been adjudicated
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23 deprived pursuant to the provisions of Section 1-4-603 of this
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24 title, a dispositional hearing may be held on the same day as the
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1 adjudication hearing, but in any event the hearing shall be held and
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2 an order entered no later than forty (40) calendar days thereafter.
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3 The dispositional hearing shall not be delayed absent a showing of
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4 good cause and a finding by the court that the best interests of the
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5 child will be served by granting the delay. The court shall set
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6 forth the reasons why a delay is necessary and shall schedule the
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7 hearing at the earliest possible time following the delay.
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8 2. During the hearing all evidence, including oral and written
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9 reports, relevant to the determination of the disposition best
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10 serving the health, safety, and welfare of the child may be received
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11 by the court and may be relied upon to the extent of that its
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12 probative value even though not otherwise competent in the hearing
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13 on the petition outweighs its prejudicial effect. The parties shall
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14 be afforded a reasonable opportunity to examine the written reports
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15 prepared for the court's consideration prior to the dispositional
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16 hearing and to controvert them. The hearing may be informal and
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17 hearsay may be relied upon.
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18 3. Any order concerning child support, visitation, or the legal
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19 custody of the child entered in any other administrative or district
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20 court proceeding shall be subject to modification by the juvenile
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21 court during the pendency of the deprived action.
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22 4. The court shall determine and order the individualized
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23 service plan for the parties.
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1 5. At the conclusion of the dispositional hearing, the court
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2 shall schedule the dates and times for periodic review and
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3 permanency hearings.
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4 B. 1. If the child is removed from the custody of the child's
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5 parent, the court or the Department of Human Services, as
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6 applicable, shall immediately consider concurrent permanency
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7 planning, and, when appropriate, develop a concurrent plan so that
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8 permanency may occur at the earliest opportunity. Consideration
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9 should be given so that if reunification fails or is delayed, the
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10 placement made is the best available placement to provide permanency
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11 for the child.
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12 2. The court shall further:
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13 a. establish an initial permanency plan for the child,
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14 and
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15 b. determine if aggravated circumstances exist pursuant
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16 to Section 1-4-809 of this title and whether
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17 reunification services are appropriate for the child
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18 and the child's family.
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19 3. When reunification with a parent or legal guardian is the
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20 permanency plan and concurrent planning is indicated, the court
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21 shall determine if efforts are being made to place the child in
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22 accord with the concurrent permanency plan, including whether
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23 appropriate in-state and out-of-state permanency placement options
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24 have been identified and pursued.
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1 4. Every effort shall be made to place the child with a
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2 suitable relative of the child.
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3 SECTION 3. This act shall become effective November 1, 2026.
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5 60-2-3115 BLB 1/14/2026 3:09:51 PM
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Req. No. 3115 Page 6Every fact on this page links to its source, starting with the official bill record.