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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 2175 By: Jett
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5 AS INTRODUCED
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6 An Act relating to emergency custody of children;
6 amending 10A O.S. 2021, Section 1-4-203, which
7 relates to emergency custody hearings; clarifying
7 when court must advise a parent, legal guardian, or
8 custodian of certain rights; permitting continuance
8 of hearing in certain circumstances; updating
9 statutory language; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-4-203, is
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14 amended to read as follows:
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15 Section 1-4-203. A. Within the next two (2) judicial days
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16 following the child being taken into protective or emergency
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17 custody, the court shall conduct an emergency custody hearing. At
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18 the hearing, information may be provided to the court in the form of
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19 oral or written reports, affidavits or testimony. Any information
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20 having probative value may be received by the court regardless of
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21 its admissibility under the Oklahoma Evidence Code. At the hearing
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22 the court shall:
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23 1. Determine whether facts exist that are sufficient to
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24 demonstrate to the court there is reasonable suspicion that the
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1 child is in need of immediate protection due to abuse or neglect, or
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2 that the circumstances or surroundings of the child are such that
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3 continuation of the child in the child's home or in the care or
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4 custody of the parent, legal guardian, or custodian would present an
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5 imminent danger to the child;
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6 2. Advise the parent, legal guardian, or custodian of the child
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7 in writing of the following:
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8 a. any right of the parent, legal guardian, or custodian
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9 to testify and present evidence at court hearings,
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10 b. the right to be represented by an attorney at court
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11 hearings, including the emergency custody hearing
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12 required by this section,
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13 c. the consequences of failure to attend any hearings
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14 which may be held, and
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15 d. the right to appeal and procedure for appealing an
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16 order of the court;
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17 3. Determine custody of the child and order one of the
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18 following:
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19 a. release of the child to the custody of the child's
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20 parent, legal guardian, or custodian from whom the
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21 child was removed under any conditions the court finds
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22 reasonably necessary to protect the health, safety, or
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23 welfare of the child, or
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1 b. placement of the child in the custody of a responsible
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2 adult or licensed child-placing agency under any
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3 conditions the court finds reasonably necessary to
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4 protect the health, safety, or welfare of the child,
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5 or
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6 c. whether to continue the child in or to place the child
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7 into the emergency custody of the Department of Human
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8 Services;
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9 4. Order the parent, legal guardian, or custodian to complete
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10 an affidavit listing the names, addresses, and phone numbers of any
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11 parent, whether known or alleged, grandparent, aunt, uncle, brother,
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12 sister, half-sibling, and first cousin and any comments concerning
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13 the appropriateness of the potential placement of the child with the
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14 relative. If no such relative exists, the court shall require the
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15 parent, legal guardian, or custodian to list any other relatives or
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16 persons with whom the child has had a substantial relationship or
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17 who may be a suitable placement for the child;
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18 5. Direct the parent, legal guardian, or custodian to furnish
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19 the Department with a copy of the child's birth certificate within
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20 fifteen (15) days from the hearing if a petition is filed, unless
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21 otherwise extended by the court; and
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22 6. In accordance with the safety or well-being of any child,
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23 determine whether reasonable efforts have been made to:
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1 a. place siblings, who have been removed, together in the
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2 same foster care, guardianship, or adoptive placement,
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3 and
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4 b. provide for frequent visitation or other ongoing
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5 interaction in the case of siblings who have been
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6 removed and who are not placed together.
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7 B. The parent, legal guardian, or custodian of the minor child
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8 may continue the emergency custody hearing for up to ten (10) days
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9 to permit sufficient time to apply for indigent counsel, hire
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10 counsel, or prepare rebuttal evidence.
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11 C. The office of the State Court Administrator Administrative
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12 Director of the Courts shall create an affidavit form and make it
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13 available to each court responsible for conducting emergency custody
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14 hearings. The affidavit form shall contain a notice to the parent,
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15 legal guardian, or custodian that failure to identify a parent or
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16 relative in a timely manner may result in the child being
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17 permanently placed outside of the home of the child's parent or
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18 relative. The affidavit form shall also advise the parent, legal
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19 guardian, or custodian of the penalties associated with perjury and
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20 contempt of court. The original completed affidavit shall be filed
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21 with the court clerk no later than five (5) days after the hearing
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22 or as otherwise directed by the court and a copy shall be provided
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23 to the Department.
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1 C. D. 1. The Department shall, within thirty (30) days of the
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2 removal of a child, exercise due diligence to identify relatives.
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3 Notice shall be provided by the Department to the following adult
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4 relatives: all grandparents, all parents of a sibling of the child,
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5 where the parent has legal custody of the sibling, and other adult
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6 relatives of the child, including relatives suggested by the
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7 parents, as the court directs. The notice shall advise the
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8 relatives:
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9 a. the child has been or is being removed from the
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10 custody of the parent or parents of the child,
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11 b. of the options under applicable law to participate in
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12 the care and placement of the child, including any
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13 options that may be lost by failing to respond to the
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14 notice, and
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15 c. of the requirements to become a foster family home and
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16 the additional services and supports available for
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17 children placed in the home.
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18 2. Relatives shall not be notified if notification would not be
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19 in the best interests of a child due to past or current family or
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20 domestic violence. The Department may promulgate rules in
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21 furtherance of the provisions of this subsection.
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22 SECTION 2. This act shall become effective November 1, 2026.
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24 60-2-3394 BLB 1/15/2026 2:22:56 PM
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Req. No. 3394 Page 5Every fact on this page links to its source, starting with the official bill record.