Author: Windows User

STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

HOUSE BILL 2442	By:	Rousselot

AS INTRODUCED

An Act relating to adoption; providing short title; amending 10 O.S. 2011, Sections 7501-1.3, 7502-1.3, 7503-2.1, 7503-2.2, 7503-2.7, 7505-1.1, 7505-2.1, 7505-3.1, 7505-4.1 and 7505-6.3, which relate to the Oklahoma Adoption Code; adding definitions; deleting references to extrajudicial consent; mandating execution before a judge; requiring notice of potential adoption be given to certain close family members; prohibiting consent or relinquishment prior to birth; modifying citation reference; deleting citation reference; requiring court release records under certain circumstances; modifying timing of notice, hearing and final order; permitting court to award custody to close family member; updating citation reference; deleting extrajudicial consent references; repealing 10 O.S. 2011, Section 7503-2.6, which relates to extrajudicial consent; providing for noncodification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Oklahoma Truth in Adoption Act".
SECTION 2.      AMENDATORY     10 O.S. 2011, Section 7501-1.3, is amended to read as follows:
Section 7501-1.3  As used in the Oklahoma Adoption Code:
1.  “Abandonment” includes, but is not limited to, the following:
a.	the parent has left the minor alone or in the care of another who is not the parent of the minor without identifying the minor or furnishing a means of identification for the minor, the whereabouts of the parents are unknown, and the minor's identity cannot be ascertained by the exercise of reasonable diligence,
b.	the parent has voluntarily left the minor alone or in the care of another who is not the parent of the minor and expressed a willful intent by words, actions, or omissions not to return for the minor, or
c.	the parent fails to maintain a substantial and positive relationship with the minor for a period of six (6) consecutive months out of the last fourteen (14) months immediately preceding the filing of a petition for termination of parental rights.  For purposes of this section, “establish and/or maintain a substantial, positive relationship” includes but is not limited to:
(1)	frequent and regular contact with the minor through frequent and regular visitation or frequent, regular communication to or with the minor, and
(2)	exercising parental rights and responsibilities.  Incidental or token visits or communications shall not be sufficient to establish or maintain a substantial and positive relationship with the minor.
The term "abandonment" shall not include when a parent has relinquished a minor to or placed the minor in the custody of a licensed child-placing agency or other court-appointed individual;
2.  "Adoptee" means an individual who is adopted or is to be adopted;
3.  "Adult" means an individual who has attained eighteen (18) years of age;
4.  "Minor" means any person who has not attained the age of eighteen (18) years;
5.  "Best interests of the child" or "best interests of the minor" means a rebuttable presumption that it is in the best interests of the child or minor to be raised by a fit biological family member if the biological mother or father chooses not to raise the child or minor and it is presumed that the child or minor has a basic fundamental human right to be connected with biological family members;
6.  "Child-placing agency" means any child welfare agency licensed pursuant to the Oklahoma Child Care Facilities Licensing Act and authorized to place minors for adoption;
~~6.~~ 7.  "Close family members" includes but is not limited to parents, siblings and any adult children;
8.  "Contested proceeding" means any proceeding pursuant to the Oklahoma Adoption Code in which an interested party enters an appearance to contest the petition;
~~7.~~ 9.  "Department" means the Department of Human Services;
~~8.~~ 10.  "Direct placement adoption" means any adoption in which the minor is not placed for adoption by the Department of Human Services or a child-placing agency.  A stepparent or relative adoption shall not be considered a direct placement adoption;
~~9.~~ 11.  "Guardian" means an individual, other than a parent, appointed by a court to be the guardian of the person of a minor;
~~10.~~ 12.  "Parent" means an individual who is the biological or adoptive parent of a child or who is legally recognized as a mother or father of a child.  The term "parent" does not include an individual whose parental relationship to a child has been terminated;
~~11.~~ 13.  "Permanent relinquishment" means the voluntary surrender of the rights of the parent or guardian with respect to a minor, including legal and physical custody of the minor, to a child-placing agency, Department of Human Services or any person with the assent of the court, by a minor's parent or guardian, for purposes of the minor's adoption;
~~12.~~ 14.  "Putative father" means the father of a minor born out of wedlock or a minor whose mother was married to another person at the time of the birth of the minor or within the ten (10) months prior to the birth of the minor and includes, but is not limited to, a man who has acknowledged or claims paternity of a minor, a man named by the mother of the minor to be the father of the minor, or any man who is alleged to have engaged in sexual intercourse with a woman during a possible time of conception;
~~13.~~ 15.  “Relative adoption” means the placement of a child for adoption with a parent, grandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle or aunt, who is related to the child by either birth or marriage;
~~14.~~ 16.  "State" means any state, territory, or possession of the United States, the commonwealth of Puerto Rico, and the District of Columbia; and
~~15.~~ 17.  "Stepparent" means an individual who is the spouse or surviving spouse of a parent of a minor, but who is not a legal parent of the minor.
SECTION 3.     AMENDATORY     10 O.S. 2011, Section 7502-1.3, is amended to read as follows:
Section 7502-1.3  A.  Except as otherwise provided by this section, a proceeding to terminate parental rights pursuant to Article 5 of the Oklahoma Adoption Code or an adoption in this state of a minor born in this state or brought into this state from another state by a prospective adoptive parent, or by a person who places the minor for adoption in this state, is governed by the laws of this state~~,~~ including, but not limited to, the Oklahoma Adoption Code and the Interstate Compact on the Placement of Children.
B.  A permanent relinquishment of a child for adoption or a consent to adoption~~, including, but not limited to, an extrajudicial consent signed by a putative father,~~ will be recognized as valid and given effect in all proceedings brought pursuant to the Oklahoma Adoption Code in the courts of this state, if the permanent relinquishment or consent was executed:
1.  Before ~~an appropriate official~~ a judge and in the manner prescribed by the Oklahoma Adoption Code; or
2.  Except as otherwise provided in subsection I of Section 7503-2.3 and subsection H of Section 7503-2.4 of this title, before ~~an appropriate official~~ a judge and in the manner prescribed by the law of the state or country in which the permanent relinquishment or consent was executed.
C.  The laws of this state shall govern when and under which circumstances a permanent relinquishment of a child for adoption or a consent to adoption~~, including, but not limited to, an extrajudicial consent signed by a putative father,~~ may be revoked or set aside, if:
1.  The permanent relinquishment or consent was executed in this state; or
2.  The permanent relinquishment or consent was executed outside of this state before an appropriate official and in a manner in compliance with all of the requirements of the Oklahoma Adoption Code.
D.  If a permanent relinquishment for adoption or consent to adoption~~, including, but not limited to, an extrajudicial consent signed by a putative father,~~ is executed outside of this state before an official or in a manner that is not in compliance with all of the requirements of the Oklahoma Adoption Code, the law of the state in which the permanent relinquishment or consent was executed shall govern the circumstances under which the relinquishment or consent may be revoked or set aside.
SECTION 4.     AMENDATORY     10 O.S. 2011, Section 7503-2.1, is amended to read as follows:
Section 7503-2.1  A.  A minor may be adopted when there has been filed written consent to adoption or a permanent relinquishment for adoption executed in court by:
1.  Both parents of the minor;
2.  One parent of the minor, alone, if:
a.	the other parent is dead,
b.	the parental rights of the other parent have been terminated, or
c.	the consent of the other parent is otherwise not required pursuant to Section 7505-4.2 of this title,
and if the close family members of the other parent have been notified of the potential adoption for kinship placement and given thirty (30) days to respond after receipt of notice;
3.  The legal guardian of the person of the minor or the guardian ad litem of the minor if both parents are dead or if the rights of the parents have been terminated by judicial proceedings, or the consent of both parents is otherwise not required pursuant to Section 7505-4.2 of this title, and such guardian or guardian ad litem has authority by order of the court appointing the guardian to consent to the adoption;
4.  The executive head of a licensed child-placing agency if:
a.	the minor has been permanently relinquished to such agency by:
(1)	both parents, or
(2)	one parent alone if the other parent is dead, the parental rights of the other parent have been terminated, or the consent of the other parent is otherwise not required pursuant to Section 7505-4.2 of this title, and if the close family members of the other parent have been notified of the potential adoption for kinship placement and given thirty (30) days to respond after receipt of notice, or
b.	the rights of both parents have been judicially terminated and custody of the minor has been legally vested in such agency with authority to consent to adoption of the minor; or
5.  Any person having legal custody of a minor by court order if:
a.	the parental rights of both parents have been judicially terminated, and
b.	the court that issued the custody order for the minor has consented to adoption and a certified copy of its order containing its consent is filed before the final decree.
B.  1.  A parent of a minor born in wedlock or a parent who is sixteen (16) years of age or older shall be deemed capable of giving consent to the adoption of a minor.
2.  If the parent of a minor born out of wedlock is under sixteen (16) years of age, that parent's consent to the adoption shall be deemed sufficient when:
a.	given by such minor parent before a judge of the district court, and
b.	accompanied by the written consent of:
(1)	the legal guardian of the minor parent,
(2)	the parents of the minor parent,
(3)	the parent having custody of the minor parent, if the other parent of the minor parent is deceased or the parents of the minor parent are divorced, or
(4)	the person having physical custody of the minor parent, if both parents of the minor parent are deceased, or
c.	accompanied by a finding of the court issuing the decree of adoption, if consent cannot be secured from any individual whose consent is required by subparagraph b of this paragraph, that:
(1)	either notice was given by mail by the court to such person directing the person to show cause at a time appointed by the court, which shall be not less than ten (10) days from the date of mailing, why the adoption should not be granted without the individual's consent, or that notice was waived by the personal appearance of the individual, and
(2)	the individual did not appear to contest the adoption, or the consent of the individual is unreasonably withheld.
C.  If a minor to be adopted is twelve (12) years of age or older, the consent of the minor to the adoption is required in addition to the consents required by subsections A and B of this section before a decree of adoption may be granted, unless the court makes a finding that it is not in the best interest of the minor to require the minor's consent.  The consent of the minor must be given before the court in such form as the court shall direct.
D.  1.  When consent for adoption is necessary for minors in the custody of the Department of Human Services, the Director of the Department of Human Services or the designee of the Director may designate, authorize, and direct in writing an employee of the Department to appear in the court of the county in which said adoption proceedings are to be completed and to give written consent for the adoption of such minor by the family whose application for adoption has been approved by the Department of Human Services; or
2.  The executive head of a licensed child-placing agency whose consent is required for the adoption of a minor who is in the custody of the licensed child-placing agency may designate, authorize and direct in writing an employee of the agency to appear in the district court of the county in which the adoption proceedings are to be completed or before anyone authorized by law to take acknowledgements and to give written consent for the adoption of the minor.
SECTION 5.     AMENDATORY     10 O.S. 2011, Section 7503-2.2, is amended to read as follows:
Section 7503-2.2  A.  The mother of a minor shall not execute a valid consent to the adoption of the minor or a permanent relinquishment of the minor prior to the birth of the minor.
B.  The father of a minor born in wedlock shall not execute a valid consent to the adoption of the minor or a permanent relinquishment of the minor prior to the birth of the minor.
C.  A putative father of a minor ~~may~~ shall not execute a consent to the adoption of the minor~~,~~ or a permanent relinquishment of the minor~~, or an extrajudicial consent to the adoption of the minor before or after~~ signed before the court prior to the birth of the minor.
D.  A guardian, guardian ad litem or legal custodian of a child may execute a consent to the adoption of a minor or a permanent relinquishment at any time after being authorized by a court to do so.
E.  A child-placing agency that places a child for adoption may execute its consent at any time at or before the hearing on the petition for adoption.
F.  A minor twelve (12) years of age or older whose consent is required pursuant to subsection C of Section 7503-2.1 of this title may execute a consent to adoption at any time at or before the hearing on the petition for adoption.
SECTION 6.     AMENDATORY     10 O.S. 2011, Section 7503-2.7, is amended to read as follows:
Section 7503-2.7  A.  Except as otherwise provided in subsection B of this section ~~and in Section 7503-2.6 of this title~~, a permanent relinquishment or consent to adoption executed pursuant to the Oklahoma Adoption Code shall be irrevocable.
B.  The court shall set aside a permanent relinquishment or consent to adoption or vacate an order terminating parental rights based upon the execution of a permanent relinquishment only if it would be in the best interests of the minor and if the individual who executed the permanent relinquishment or consent establishes:
1.  By a preponderance of the evidence that without good cause shown, a petition to adopt was not filed within nine (9) months after the minor was placed for adoption;
2.  By a preponderance of the evidence, that another consent or permanent relinquishment was not executed or that a court decided not to terminate another individual's parental relationship to the minor; or
3.  By clear and convincing evidence, before a decree of adoption is issued, or within three (3) months of the discovery of the fraud, whichever is later, that the consent was obtained by fraud or duress.
C.  Notice of the motion to set aside the consent or permanent relinquishment and hearing on the motion shall be provided to:
1.  The person who filed for adoption of the minor;
2.  The Department of Human Services or any child-placing agency participating in the adoption; and
3.  To any person or agency in whose favor the consent was given.
D.  The court shall provide an opportunity to be heard to the person who has filed for adoption and to any agency participating in the adoption as to why the withdrawal of consent would not be in the best interest of the minor.
E.  The court may enter such orders as justice requires regarding the costs and legal fees of the person who filed for adoption, the agency, the Department and the person seeking that the consent or permanent relinquishment be set aside.
SECTION 7.     AMENDATORY     10 O.S. 2011, Section 7505-1.1, is amended to read as follows:
Section 7505-1.1  A.  Unless otherwise ordered by the district court exercising jurisdiction over the adoption proceeding, all hearings held in proceedings pursuant to the Oklahoma Adoption Code shall be confidential and shall be held in closed court without admittance of any person other than interested parties and their counsel.
B.  All papers, records, and books of proceedings in adoption cases and any papers, records, and books relating to such proceedings:
1.  Shall be kept as a permanent record of the court and maintained in a separate file by the court clerk; and
2.  Shall be confidential and shall not be open to inspection or copy except as authorized in Sections 7504-1.2, 7505-3.2, 7505-6.6, 7508-1.2 and 7508-1.3 of this title or upon order of a court of record for good cause shown.
C.  Upon application and notice to the person or agency in whose possession the records being sought are held, and for good cause being shown, any court of record ~~may~~ shall, by written order reciting its findings, permit the necessary information to be released~~, or may restrict the purposes for which it shall be used~~.  The findings shall include the reasons the information being sought cannot be obtained through the methods authorized by Sections 7504-1.2, 7505-3.2, 7505-6.6, 7508-1.2 and 7508-1.3 of this title.
D.  The provisions of this section shall not prohibit persons employed by the court, the Department of Human Services, a child-placing agency, an attorney participating or assisting in a direct placement adoption or any physician, minister or other person or entity assisting or participating in an adoption from providing partial or complete identifying information between a biological parent and prospective adoptive or adoptive parent if a biological parent and a prospective adoptive or adoptive parent mutually agree to share specific identifying information and each gives written, signed notice of their agreement to the court, the Department of Human Services, the child-placing agency, or any attorney participating or assisting in the direct placement adoption pursuant to the Oklahoma Adoption Code.
E.  Any person in charge of adoption records or having access to adoption records or information who discloses any information, including, but not limited to, all records and reports relevant to the case and any records and reports of examination of the minor's parent or other custodian pertaining to an adoption proceeding, contrary to the provisions of this section, upon conviction thereof, shall be guilty of a misdemeanor.
SECTION 8.     AMENDATORY     10 O.S. 2011, Section 7505-2.1, is amended to read as follows:
Section 7505-2.1  A.  1.  Prior to the filing of a petition for adoption, a child-placing agency, attorney, or prospective adoptive parent to whom a parent having legal custody has executed a consent to adoption or has permanently relinquished a minor born out of wedlock may file a petition for the termination of the parental rights of a putative father or a parent of the child.  The petition shall be filed with the district court of the county in which the relinquishment was executed or in the county in which the putative father, a parent, the petitioner, or the minor resides at the time of the filing of the petition.
2.  The affidavit of expenses required by subsection A of Section 7505-3.2 of this title is not required to be attached to a petition filed pursuant to this section, nor must it be filed prior to issuance of an order terminating parental rights entered in a proceeding brought under this section.
B.  1.  Notice of the hearing on the petition to terminate parental rights and a copy of the petition shall be served upon such putative father or a parent in the same manner as summons is served in civil cases, not less than ~~fifteen (15)~~ thirty (30) days prior to the hearing.
2.  The notice shall contain the name of the putative father or parent, or if unknown, the name of the minor, the date of birth of the minor, the date of the hearing, and the ground or grounds for which termination of parental rights is sought.  The notice shall apprise the putative father or parent of his or her legal rights and shall include a clear statement that failure to appear at the hearing shall constitute a denial of interest in the minor which denial may result, without further notice of this proceeding or any subsequent proceeding, in the termination of his or her parental rights and the transfer of the care, custody or guardianship of the minor or in the adoption of the minor.
3.  If the identity or whereabouts of a putative father or parent is unknown, the court must determine whether the putative father or parent can be identified or located.  Following an inquiry pursuant to Section 7505-4.3 of this title, if the court finds that the identity or whereabouts of the putative father or parent cannot be ascertained, and this fact is attested to by affidavit of the consenting or permanently relinquishing person or the legal custodian or guardian of the child, it shall order that notice be given by publication and, if the identity is known, that a copy be mailed to the last-known address of the putative father or parent.  The notice shall be published once pursuant to the laws relating to service of notice by publication, in the county in which the action to terminate parental rights is brought, and the hearing shall not be held for at least ~~fifteen (15)~~ thirty (30) days after publication of the notice.  When notice is given by publication, the order terminating parental rights shall not become final for a period of ~~fifteen (15)~~ thirty (30) days from the date of the order.
4.  A putative father or parent may waive the right to notice pursuant to this section.  The waiver shall be in writing and shall include a statement affirming that the person signing the waiver understands that the waiver shall constitute grounds for the termination of the parental rights of such person pursuant to the provisions of this section and Section 7505-4.2 of this title.  A putative father or legal or biological father may also waive his right to notice pursuant to this section, ~~by signing an extrajudicial consent pursuant to Section 7503-2.6 of this title, or~~ by waiving notice on a form filed with the Paternity Registry of the Department of Human Services, or by failing to register with the Paternity Registry of the Department of Human Services after receiving a Notice of Plan for Adoption pursuant to Section 7503-3.1 of this title.
C.  When a putative father or parent appears at the hearing and desires counsel but is indigent and cannot for that reason employ counsel, the court shall appoint counsel.  In all counties having county indigent defenders, the county indigent defenders shall assume the duties of the representation in such proceedings.
D.  At the hearing on the petition to terminate parental rights brought pursuant to this section, the court may, if it is in the best interest of the minor:
1.  Accept a permanent relinquishment or consent to adoption executed by the putative father or parent of the minor pursuant to Sections 7503-2.1, 7503-2.3 and 7503-2.4 of this title; or
2.  Terminate any parental rights which the putative father or parent may have upon any of the grounds provided in Section 7505-4.2 of this title for declaring a consent unnecessary.
E.  1.  If the court at the hearing determines that the putative father is the biological father of the minor, that the adoption requires the consent of the putative father, that the putative father will not consent, and the court does not terminate the parental rights of the putative father or does not terminate the rights of the other parents, then the court shall schedule a separate hearing to issue an appropriate order for the legal and physical custody of the minor according to the best interests of the minor, if the court has jurisdiction to issue a custody order.  Provided, no such hearing shall be scheduled if a preexisting custody order remains in effect.
2.  The court shall certify that the child-placing agency or the attorney who filed the petition to terminate parental rights, the putative father, the parent, and any prospective adoptive parents have received notice of the date of the custody hearing at least fifteen (15) days prior to the date of the hearing.  A parent having legal custody who has signed a consent or permanent relinquishment must be served with notice of the date of the custody hearing, by the party who filed the petition for termination, in the same manner as summons is served in civil cases at least fifteen (15) days prior to the date of the hearing.
3.  Upon motion to intervene, the court shall join any person or entity entitled to notice under paragraph 2 of this subsection who is not already a party to the proceeding.
4.  At the hearing, the court may award custody to the biological mother, the biological father, the biological parents, if they are married, a parent, a close family member, the prospective adoptive parent, or the Department of Human Services or other licensed child-placing agency, if the Department or agency had legal custody when the petition was filed, according to Section ~~21.1~~ 112.5 of ~~this title~~ Title 43 of the Oklahoma Statutes, in the best interests of the child.
5.  The child shall be represented at this hearing by an attorney pursuant to Section 7505-1.2 of this title.
F.  The court shall terminate the rights of a putative father or parent if the person fails to appear at the hearing on the petition to terminate parental rights or if a waiver of notice pursuant to paragraph 4 of subsection B of this section has been filed with the court.
G.  No order of the court shall be vacated, set aside, or annulled upon the application of any person who was properly served with notice in accordance with this section but failed to appear unless the applicant can establish by clear and convincing evidence that such failure to appear was due to unavoidable circumstances. Such application must be filed within ten (10) days of the date of the hearing at which the applicant failed to appear.  No order of the court shall be vacated, set aside, or annulled upon the application of any person who waived notice pursuant to paragraph 4 of subsection B of this section.
H.  A proceeding pursuant to this section for termination of parental rights shall be heard by the court without a jury.
I.  An appeal may be taken from any final order, judgment, or decree rendered pursuant to this section to the Supreme Court by any person aggrieved thereby, in the manner provided for appeals from the court as provided in this subsection.
1.  In an appeal concerning the termination of parental rights pursuant to this section, the designation of record by the appellant shall be filed in the trial court within ten (10) days after the date of the judgment.  The counter designation of record by the appellee shall be filed in the trial court ten (10) days after designation of record by the appellant is filed in the trial court.
2.  All appeals of cases concerning the termination of parental rights pursuant to this section shall be initiated by filing a petition in error in the Supreme Court within thirty (30) days of the filing of the order, judgment, or decree appealed from.  The record on appeal shall be completed within thirty (30) days from the filing of the petition in error.  Any response to the petition in error shall be filed within twenty (20) days from the filing of the petition in error.
3.  The briefing schedule is established as follows:
a.	the brief in chief of the appellant shall be filed twenty (20) days after the trial court clerk notifies all parties that the record is complete and such notice has been filed in the office of the Clerk of the Supreme Court,
b.	an answer brief of the appellee shall be filed fifteen (15) days after the brief in chief of the appellant is filed, and
c.	a reply brief of the appellant may be filed within ten (10) days after the answer brief of the appellee is filed.
J.  The pendency of an appeal shall not suspend the order of the district court regarding a minor, nor shall it remove the minor from the custody of that court or of the person, institution, or agency to whose care such minor has been committed, unless the Supreme Court shall so order.
K.  Any appeal when docketed should have priority over all cases pending on said docket.  Adjudication of the appeals and in any other proceedings concerning the relinquishment of the child or the termination of parental rights pursuant to this section shall be expedited by the Supreme Court.
L.  1.  The preadoption termination of parental rights pursuant to this section terminates the parent-child relationship, including the right of the parent to the custody of the child and the right of the parent to visit the child, the right of the parent to control the training and education of the child, the necessity for the parent to consent to the adoption of the child, the right of the parent to the earnings of the child, and the right of the parent to inherit from or through the child.  Provided, that this subsection shall not in any way affect the right of the child to inherit from the parent.
2.  Termination of parental rights shall not terminate the duty of the putative father or parent whose rights have been terminated to support the child unless the court determines the person is not the parent.  The duty of a putative father or parent to support the minor child shall not be terminated until such time as a final decree of adoption has been entered.
SECTION 9.     AMENDATORY     10 O.S. 2011, Section 7505-3.1, is amended to read as follows:
Section 7505-3.1  A.  A petition for adoption shall be verified by the petitioner, and shall specify:
1.  The full names, ages and places of residence of the petitioner or petitioners and, if married, the place and date of the marriage;
2.  When the petitioner acquired or intends to acquire custody of the minor and from what person or agency custody is to be acquired;
3.  The date, place of birth, gender and race of the minor;
4.  The name used for the minor in the proceeding and, if a change in name is desired, the new name requested;
5.  That it is the desire of the petitioner that the relationship of parent and child be established between the petitioner and the minor;
6.  A full description and statement of value of all property owned or possessed by the minor, if any;
7.  The name or relationship of the minor to any individual who has executed a consent~~, extrajudicial consent~~ for adoption or a permanent relinquishment to the adoption, and the name or relationship to the minor of any individual whose consent~~, extrajudicial consent~~ for adoption or permanent relinquishment may be required, and any fact or circumstance that may excuse the lack of consent;
8.  That a previous petition by the petitioner to adopt has or has not been made in any court, and its disposition;
9.  That a copy of the preplacement home study completed pursuant to subsection A of Sections 7505-5.1 and 7505-5.3 of this title is attached to or filed with the petition.  If the preplacement home study has not been completed, the petition shall specify that a waiver has been signed by a court pursuant to subsection B of Section 7505-5.1 of this title, and that a copy of the waiver is attached to or filed with the petition; or shall include a statement regarding why the preplacement home study is not required pursuant to subsection C of Section 7505-5.1 of this title; or shall specify that the minor is not yet in the physical custody of the petitioner;
10.  Whether any other home study or professional custody evaluation has been conducted regarding one or both of the petitioners, whether performed for this adoption or for any other purpose.  If such a study or evaluation has been completed, a copy of the study or evaluation shall be attached to the petition, if reasonably available;
11.  A description of any previous court order, litigation or pending proceeding known to the petitioner concerning custody of or visitation with the minor or adoption of the minor and any other fact known to the petitioner and needed to establish the jurisdiction of the court;
12.  The county in which the minor is currently residing, the places where the minor has lived within the last five (5) years and the name and present addresses, if known, of the persons with whom the minor has lived during that period, and the name of any person, if known, not a party to the proceeding who has physical custody of the minor or claims to have custody or visitation rights with respect to the minor; and
13.  A statement that to the best of the petitioner's actual knowledge and belief, as of the date of filing, the minor is or is not an Indian child, as defined by the Oklahoma Indian Child Welfare Act, and identification of the minor's known or suspected Indian tribe, if any.  If the minor is an Indian child, as defined by the Oklahoma Indian Child Welfare Act, the petition shall specify that the requirements of the Oklahoma Indian Child Welfare Act have been met pursuant to Sections 40 through 40.9 of this title.  In addition, the attorney shall provide notice to the parents or to the Indian custodians, if any, and to the tribe that is or may be the tribe of the Indian child pursuant to Section 40.4 of this title.
B.  Any written consent~~, extrajudicial consent~~ for adoption or permanent relinquishment required by the Oklahoma Adoption Code may be attached to the petition, or may be filed, after the filing of the petition.
C.  1.  The Administrative Director of the Courts (ADC) shall develop a form no later than February 1, 2012, to be used to collect data related to the adoption of each child.  At the time of the filing of the final decree of adoption, each court clerk shall collect demographic data related to the adoption and shall make an annual report to be delivered to the ADC no later than February 15 of each year.  The ADC shall deliver all information received pursuant to this section to the Department of Human Services no later than March 15 of each year.  The Department of Human Services shall compile the information and make available to the public all adoption-related information received.
2.  The following information shall be included in the form to be developed by the ADC:
a.	the age of each child at the time of the adoption,
b.	the gender of each child,
c.	the ethnicity of each child,
d.	the status of the adoptive parent, such as a relative adoption, adoption by a married couple, or adoption by a single parent,
e.	the type of adoption services provider, such as the Department of Human Services, a licensed child-placement agency, an attorney, or a tribe, and
f.	whether it is a domestic adoption subject to the requirements of the Oklahoma Indian Child Welfare Act, or the Interstate Compact on the Placement of Children, or an international adoption to include the country of origin.
SECTION 10.     AMENDATORY     10 O.S. 2011, Section 7505-4.1, is amended to read as follows:
Section 7505-4.1  A.  If a consent to adoption or permanent relinquishment for adoption has not been obtained from both parents of a minor who is the subject of a petition for adoption, and the rights of the nonconsenting parent or parents have not previously been terminated, the petitioner for adoption, a consenting parent, or a legal guardian or legal custodian of the minor to be adopted must file an application to the court stating the reason that the consent or relinquishment of the parent or parents is not necessary.  In the alternative, if the nonconsenting parent is a putative father of a minor born out of wedlock, the petitioner for adoption, a consenting parent, or a legal guardian or legal custodian of the minor may file an application to terminate the parental rights of the putative father.  The grounds for terminating a putative father pursuant to this section shall be identical to the grounds for permitting an adoption without the consent of a parent, pursuant to Section 7505-4.2 of this title.
B.  A hearing on an application for adoption without consent or an application to terminate parental rights cannot be combined with the hearing on the application for a final decree of adoption.  For good cause shown, a hearing on the application for a final decree of adoption may be heard as early as the same day as a hearing on an application to terminate parental rights, without prejudice to the rights of any parties to appeal from the order terminating parental rights.
C.  1.  Prior to the hearing on the application to permit the adoption of the minor without the consent or relinquishment of a parent, or the application to terminate the rights of a putative father filed pursuant to this section, notice of the hearing on the application and a copy of the application shall be served upon the parent or putative father who is the subject of the application in the same manner as summons is served in civil cases, not less than fifteen (15) days prior to the hearing.
2.  The notice shall contain the name of the parent, putative father, or if the father is unknown, the name of the child, date of birth of the child, the date of the hearing, and the ground or grounds for which application for adoption without consent or relinquishment or termination of parental rights is sought.  The notice shall apprise the parent or putative father of the parent's legal rights and shall include a clear statement that failure to appear at the hearing shall constitute a denial of interest in the child, which denial may result, without further notice of this proceeding or any subsequent proceeding, in the granting of the application for adoption without consent or permanent relinquishment or in the termination of the putative father's parental rights and in the child's adoption.
3.  If the identity or whereabouts of a parent or putative father are unknown, the court must determine whether the parent or putative father can be identified or located.  Following an inquiry pursuant to Section 7505-4.3 of this title, if the court finds that the identity or whereabouts of the putative father cannot be ascertained, and this fact is attested to by affidavit of the consenting parent, legal guardian or legal custodian of the minor, it shall order that notice be given by publication and, if the identity is known, that a copy be mailed to the last-known address of the parent or putative father.  The notice shall be published once pursuant to the laws relating to the service of notice by publication in the county in which the petition to adopt is filed, and the hearing shall not be held for at least fifteen (15) days after publication of the notice.  When notice is given by publication, an order terminating parental rights shall not become final for a period of fifteen (15) days from the date of the order.
4.  A parent or putative father may waive such person's right to notice pursuant to this section.  The waiver, signed by the parent or putative father, shall include a statement affirming that the person signing the waiver understands that the waiver shall constitute grounds for ordering adoption without consent of the parent or for the termination of the parental rights of a putative father pursuant to the provisions of this section and Section 7505-4.2 of this title.  A putative father may waive his right to notice under this section~~, by signing an extrajudicial consent pursuant to Section 7503-2.6 of this title, or~~ by waiving notice on a form filed with the Paternity Registry of the Department of Human Services, or by failing to register with the Paternity Registry of the Department of Human Services after receiving a Notice of Plan for Adoption pursuant to Section 7503-3.1 of this title.
D.  When a parent or putative father appears at the hearing and desires counsel but is indigent and cannot for that reason employ counsel, the court shall appoint counsel.  In all counties having county indigent defenders, the county's indigent defenders shall assume the duties of representation in such proceedings.
E.  At the hearing on an application to permit adoption without the consent or relinquishment of a parent, the court may determine whether the minor is eligible for adoption pursuant to Section 7505-4.2 of this title.  At the hearing on an application to terminate the parental rights of a putative father, the court may, if it is in the best interests of the minor, determine that the consent of the putative father to the adoption of the minor is not required, and terminate any parental rights which the putative father may have, as provided in Section 7505-4.2 of this title.
F.  The court shall terminate the parental rights of a putative father if he fails to appear at the hearing on the application to terminate his parental rights or if he has waived notice pursuant to paragraph 4 of subsection C of this section.
G.  A proceeding pursuant to this section for determination of necessity of parental consent or for termination of parental rights shall be heard by the court without a jury.
H.  No order of the court shall be vacated, set aside, or annulled upon the application of any person who was properly served with notice in accordance with this section but failed to appear, unless the applicant has established by clear and convincing evidence that such failure to appear was due to unavoidable circumstances.  Such application must be filed within ten (10) days of the date of the hearing at which the applicant failed to appear.  No order of the court shall be vacated, set aside or annulled upon the application of any person who waived notice pursuant to paragraph 4 of subsection C of this section.
I. 1. a.	An appeal may be taken from any final order, judgment, or decree terminating parental rights rendered pursuant to this section to the Supreme Court by any person aggrieved thereby, in the manner provided for appeals from the court as provided in this subsection.
b.	An appeal from an order determining a child eligible for adoption which does not terminate parental rights may be taken in the same manner provided for appeals from the court as provided in this subsection.  The failure of a parent to appeal from an order declaring a child eligible for adoption without consent of the parent which does not terminate parental rights shall not preclude such parent from asserting error in the order after the final decree is rendered.
2.  In an appeal concerning the termination of parental rights for purposes of adoption pursuant to this section or from an order determining a child eligible for adoption which does not terminate parental rights pursuant to this section, the appellant's designation of record shall be filed in the trial court within ten (10) days after the date of the judgment or order.  Appellee's counter designation of record shall be filed in the trial court ten (10) days after appellant's designation of record is filed in the trial court.
3.  All appeals of cases concerning the termination of parental rights for purposes of adoption or an order determining a child eligible for adoption which does not terminate parental rights pursuant to this section shall be initiated by filing a petition in error in the Supreme Court within thirty (30) days of the filing of the order, judgment, or decree appealed from.  The record on appeal shall be completed within thirty (30) days from the filing of the petition in error.  Any response to the petition in error shall be filed within twenty (20) days from the filing of the petition in error.
4.  The briefing schedule is established as follows:
a.	appellant's brief in chief shall be filed twenty (20) days after the trial court clerk notifies all parties that the record is complete and such notice has been filed in the office of the Clerk of the Supreme Court,
b.	appellant's answer brief shall be filed fifteen (15) days after the appellant's brief in chief is filed, and
c.	appellant's reply brief may be filed within ten (10) days after the appellee's answer brief is filed.
J.  Any appeal when docketed should have priority over all cases pending on said docket.  Adjudication of appeals and any other proceedings concerning the termination of parental rights or the determination that a child is eligible for adoption without consent which does not terminate parental rights pursuant to this section shall be expedited by the Supreme Court.
K.  The pendency of an appeal shall not suspend the order of the district court regarding a minor, nor shall it remove the minor from the custody of that court or of the person, institution, or agency to whose care such minor has been committed, unless the Supreme Court shall so order.
L.  1.  The termination of parental rights terminates the parent-child relationship, including the parent's right to the custody of the child and the parent's right to visit the child, the parent's right to control the child's training and education, the necessity for the parent to consent to the adoption of the child, the parent's right to the earnings of the child, and the parent's right to inherit from or through the child.  Provided, that this subsection shall not in any way affect the right of the child to inherit from the parent.
2.  Termination of parental rights pursuant to this section shall not terminate the duty of either parent to support the minor child of such parent.  The duty of the parent to support the minor child shall not be terminated until such time as a final decree of adoption has been entered.
3.  A determination that the consent to adoption is not required from the parent of a minor shall not, by itself, act to relieve such parent of the obligation to provide for the support of the minor as otherwise required by law.  The duty of the parent to support the minor child shall not be terminated until such time as a final decree of adoption has been entered.
SECTION 11.     AMENDATORY     10 O.S. 2011, Section 7505-6.3, is amended to read as follows:
Section 7505-6.3  A.  After six (6) months from the date of the interlocutory decree unless the court waived all or part of the waiting period, the petitioners may apply to the court for a final decree of adoption.  The court shall thereupon set a time and place for final hearing.
B.  If the minor is related by blood to one of the petitioners, or is a stepchild of the petitioner, or the court finds that the best interests of the child will be furthered thereby, the court, after examination of the home study reports required by Section 7505-5.1 or 7505-5.2 of this title, may waive the entry of an interlocutory decree and the waiting period of six (6) months or the balance of the waiting period provided in this section.
C.  Notice of the time and date of the hearing shall be served at least ten (10) days prior to the hearing upon any parent whose parental rights have not been terminated, unless that parent has properly executed a consent to the adoption or a permanent relinquishment pursuant to Sections 7503-2.3~~,~~ and 7503-2.4 ~~and 7503-2.6~~ of this title or has waived the right to notice pursuant to Section 7503-3.1 of this title.  Notice of the hearing shall also be served on the child-placing agency or the Department of Human Services in those cases where the child-placing agency or Department has original custody, or performed a home study.
D.  The petitioners and child shall appear at the hearing on the application for final decree, unless the presence of the child is waived by the court.
E.  The final hearing is not required to be recorded by a court reporter.  Upon the request of any party, the court shall direct that the hearing be recorded by the court reporter, or the court may order on its own initiative that the hearing be recorded.
F.  The court may enter a final decree of adoption, if the court is satisfied that the adoption is in the best interests of the child.
G.  For purposes of this subsection, the State of Oklahoma elects to make subparagraph (A) of paragraph 20 of subsection 3 of Section 471(a) of the Social Security Act (Public Law 105-89) inapplicable to Oklahoma.  Instead, the State of Oklahoma requires that:
1.  Except as otherwise provided by this subsection, a prospective adoptive parent shall not be approved for placement of a child if the petitioners or any other person residing in the home of the petitioners has been convicted of any of the following felony offenses:
a.	within the five-year period preceding the date of the petition, physical assault, domestic abuse, battery or a drug-related offense, except as otherwise authorized by this subsection,
b.	child abuse or neglect,
c.	a crime against a child, including, but not limited to, child pornography, and
d.	a crime involving violence, including, but not limited to, rape, sexual assault or homicide, but excluding physical assault or battery.
2.  A prospective adoptive parent may be an approved placement regardless of whether such parent has been convicted of any of the felony offenses specified by subparagraph a of paragraph 1 of this subsection, if an evaluation has been made and accepted by the court which considers the nature and seriousness of the crime in relation to the adoption, the time elapsed since the commission of the crime, the circumstances under which the crime was committed, the degree of rehabilitation, the number of crimes committed by the person involved, and a showing by clear and convincing evidence that the child will not be at risk by such placement.
H.  Under no circumstances shall a child be placed in the custody of an individual subject to the Oklahoma Sex Offenders Registration Act or an individual who is married to or living with an individual subject to the Oklahoma Sex Offenders Registration Act.
SECTION 12.     REPEALER     10 O.S. 2011, Section 7503-2.6, is hereby repealed.
SECTION 13.  This act shall become effective November 1, 2014.

54-2-8424	EK	01/09/14

Req. No. 8424	Page