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Oklahoma Legislature· SB 1821Second Reading referred to Judiciary Committee then to Appropriations Committee

An act relating to termination of parental rights, 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

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

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3 SENATE BILL 1821              By: Jett
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6                            AS INTRODUCED

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7   An Act relating to termination of parental rights;

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

8   amended by Section 2, Chapter 375, O.S.L. 2025 (10A

8   O.S. Supp. 2025, Section 1-4-502), which relates to

9   jury trials; requiring separate court to conduct

9   certain bench trials; and providing an effective

10  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 1-4-502, as

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15 last amended by Section 2, Chapter 375, O.S.L. 2025 (10A O.S. Supp.
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16 2025, Section 1-4-502), is amended to read as follows:
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17  Section 1-4-502. A. A parent entitled to service of summons,

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18 the state or a child shall have the right to demand a trial by jury
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19 on the sole issue of termination of parental rights only in the
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20 following circumstances:
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21  1. When the initial petition to determine if a child is

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22 deprived also contains a request for termination of parental rights
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23 in which case the court shall determine if the child should be
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    Req. No. 3389                                              Page 1
1 adjudicated deprived and, if so, the jury shall determine if
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2 parental rights should be terminated; or
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3   2. When, following a hearing in which the child is adjudicated

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4 deprived, a request for termination of parental rights is filed by
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5 the state or the child.
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6   B. The demand for a jury trial shall be granted unless waived,

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7 or the court on its own motion may call a jury to try any
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8 termination of parental rights case.
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9   C. 1. If the jury trial to determine whether parental rights

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10 should be terminated is waived, the court shall issue a scheduling
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11 order within thirty (30) days. A bench trial shall commence within
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12 ninety (90) days of the issuance of the scheduling order unless the
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13 court issues a written order with findings of fact supporting a
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14 determination that there exists an exceptional circumstance to
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15 support the delay or that the parties and the guardian ad litem, if
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16 any, agree to such continuance. A bench trial under this paragraph
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17 shall be conducted by a separate court than a court that conducted
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18 any hearing pursuant to subsection A of Section 1-4-503 of this
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19 title. Any judge who presides over a hearing where the rules of
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20 evidence do not apply shall not preside over a subsequent trial
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21 where the rules of evidence do apply.
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22  2. Upon a demand for a trial by jury, the court shall issue a

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23 scheduling order within thirty (30) days. A jury trial shall
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24 commence within six (6) months of the issuance of the scheduling
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    Req. No. 3389                                            Page 2
1 order unless the court issues a written order with findings of fact
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2 supporting a determination that there exists an exceptional
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3 circumstance to support the delay or that the parties and the
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4 guardian ad litem, if any, agree to such continuance. The jury
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5 shall consist of six (6) persons. A party who requests a jury trial
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6 and fails to appear in person for such trial, after proper notice
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7 and without good cause, may be deemed by the court to have waived
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8 the right to such jury trial, and the termination of parental rights
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9 shall be by nonjury trial unless another party demands a jury trial
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10 or the court determines on its own motion to try the case to a jury.
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11  SECTION 2. This act shall become effective November 1, 2026.

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13  60-2-3389      TEK  1/14/2026 10:22:38 PM

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    Req. No. 3389                                              Page 3
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