STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 192	By:	Paddack

AS INTRODUCED

An Act relating to deprived children; amending 10A O.S. 2011, Section 1-4-202, which relates to protective and emergency custody; modifying certain time limit; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     10A O.S. 2011, Section 1-4-202, is amended to read as follows:
Section 1-4-202.  A.  1.  The peace officer or an employee of the court shall provide the parent, legal guardian, or custodian of a child immediate written notice of the protective or emergency custody of the child whenever possible.
2.  The written notice shall:
a.	inform the parents, legal guardian, or custodian that the child has been removed from the home,
b.	inform the parent, legal guardian, or custodian of the child that an emergency custody hearing to determine custody of the child will occur within two (2) judicial days from the date the child was removed from the home, and
c.	contain information about the:
(1)	emergency custody hearing process including, but not limited to, the date, time and place that the child was taken into protective or emergency custody,
(2)	nature of the allegation that led to placement of the child into protective or emergency custody,
(3)	address and telephone number of the local and county law enforcement agencies,
(4)	phone number of the local child welfare office of the Department of Human Services, and
(5)	right of the parent, legal guardian or custodian to contact an attorney.
3.  The written notice shall also contain the following or substantially similar language:  "FAILURE TO RESPOND TO THIS NOTICE OR TO APPEAR AT THE EMERGENCY CUSTODY HEARING MEANS YOUR CHILD WILL STAY OR BE PLACED IN EMERGENCY CUSTODY.  YOUR FAILURE TO RESPOND OR COOPERATE MEANS YOU MAY LOSE CUSTODY OF THIS CHILD OR YOUR RIGHTS AS A PARENT MAY BE TERMINATED."
B.  1.  Within the next two (2) judicial days following the child being taken into protective or emergency custody, the court shall conduct an emergency custody hearing to determine whether evidence or facts exist that are sufficient to demonstrate to the court there is reason to believe the child is in need of protection due to abuse or neglect, or is in surroundings that are such as to endanger the health, safety or welfare of the child.
2.  At the emergency custody hearing, the court shall advise the parent, legal guardian or custodian of the child in writing of the procedure which will be followed with regard to determining custody of the child, including, but not limited to:
a.	any right of the parent or legal guardian or custodian to testify and present evidence at court hearings,
b.	the right to be represented by an attorney at court hearings as authorized by law,
c.	the consequences of failure to attend any hearings which may be held, and
d.	the right to appeal and the procedure for appealing the finding of a court on custody issues as authorized by law.
3.	a.	At the emergency custody hearing, the court shall:
(1)	release the child to the child's parent, legal guardian or custodian or other responsible adult without conditions or under such conditions as the court finds reasonably necessary to ensure the health, safety or welfare of the child, or
(2)	continue the child in or place the child into emergency custody if continuation of the child in the child's home is contrary to the health, safety or welfare of the child,
(3)	obtain information from the parent, legal guardian or custodian necessary to identify and locate kinship placement resources.  If such information indicates that within one (1) year of the emergency custody hearing the child had resided with a grandparent for six (6) months, and that such grandparent was the primary caregiver and provided primary financial support for the child during such time, the court shall provide notice and an opportunity to be heard at future hearings to such grandparent,
(4)	require the Department to provide to any custodian or other person caring for the child information on Department of Human Services programs and services available to the child and provide written notice of any further proceedings to any foster or preadoptive parents or relatives providing care for a child, and
(5)	in accordance with the safety or well-being of any child, determine whether reasonable efforts have been made to:
(a)	place siblings, who have been removed, together in the same foster care, guardianship or adoptive placement, and
(b)	provide for frequent visitation or other ongoing interaction in the case of siblings who have been removed and who are not placed together.
b.	If a child has been removed from the custodial parent of the child and the court, in the best interests of the child, is unable to release the child to the custodial parent, the court shall give priority for placement of the child with the noncustodial parent of the child unless such placement would not be in the child's best interests.  If the court cannot place the child with the noncustodial parent, custody shall be consistent with the provisions of Section 21.1 of this title 112.5 of Title 43 of the Oklahoma Statutes.  If custody of the child cannot be made pursuant to the provisions of Section 21.1 of this title 112.5 of Title 43 of the Oklahoma Statutes, the reason for such determination shall be documented in the court record.
C.  The court shall order the parent, legal guardian, or custodian to complete an affidavit listing the names, addresses and phone numbers of any parent, whether known or alleged, grandparent, adult aunt, uncle, brother, sister, half-sibling and first cousin of the child and any comments concerning the appropriateness of the child's potential placement with such relative.  If none exist, the court shall further require the parents, legal guardian or custodian to list any other adult relatives or persons with whom the child has had a substantial relationship or who may be a suitable placement for the child.
D.  The Office of the Administrative Director of the Courts shall create an affidavit form and make it available to each court responsible for conducting emergency custody hearings.  The affidavit form shall contain a notice to the parent, legal guardian or custodian that failure to identify a parent or relative in a timely manner may result in the child being permanently placed outside of the home of the child's parent or relative.  The affidavit form shall also advise the parent, legal guardian or custodian of the penalties associated with perjury and contempt of court.  The original completed affidavit shall be filed with the court clerk no later than five (5) days after the hearing or as otherwise directed by the court, and a copy shall be provided to the Department.
E.  The Department shall, within thirty (30) days of a child's removal, exercise due diligence to identify adult relatives.  Notice shall be provided by the Department to all grandparents and to such other adult relatives as the court directs.  The Department may notify any adult relative for the purpose of assessing whether the relative may be a suitable placement for the child or to maintain the child's connection to kin or culture.  The notice, ordered by the court, shall advise the relatives:
1.  That the child has been or is being removed from the custody of the parent or parents of the child;
2.  Of the options under applicable law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice; and
3.  Of the requirements to become a foster family home and the additional services and supports available for children placed in such a home.
Relatives shall not be notified if the court determines that such notification would not be in the best interests of a child due to past or current family or domestic violence.  The Commission for Human Services may promulgate rules in furtherance of the provisions of this section.
F.  If it is determined by agreement of the office of the district attorney and the Department of Human Services that a child may be safely returned home prior to an emergency custody hearing, the following form or a substantially similar form shall be completed by the office of the district attorney and the Department and filed of record:
IN THE DISTRICT COURT OF _______ COUNTY
STATE OF OKLAHOMA
IN THE MATTER OF:
_________________
ALLEGED DEPRIVED CHILD(REN)
MEMORANDUM
CHILD WELFARE WORKER:
ASSISTANT DISTRICT ATTORNEY:
___ INVESTIGATION REVEALED ALLEGATIONS NOT CONFIRMED
___ SERVICES WERE OFFERED AND ACCEPTED
___ PARENT/CARETAKER HAS TAKEN APPROPRIATE STEPS TO
	PROTECT CHILD FROM HARM
___ OTHER:
NOTES:
CHILD(REN) RELEASED TO:
									___________________________
									ASSISTANT DISTRICT ATTORNEY
I work for the Department of Human Services and am requesting that the District Attorney's Office release the above-mentioned child(ren) from temporary emergency custody and that a Petition not be filed for court intervention.
________________________
DHS CHILD WELFARE WORKER.
G.  1.  Except as otherwise provided by this subsection, a petition for a deprived child proceeding shall be filed and a summons issued within five (5) seven (7) judicial days from the date of assumption of custody; provided, however, such time period may be extended a period of time not to exceed fifteen (15) calendar days from the date of assumption of custody of the child if, upon request of the district attorney at the emergency custody hearing, the court determines there are compelling reasons to grant additional time for the filing of the petition for a deprived child proceeding.
2.  If the petition is not filed as required by this subsection, then the emergency custody order shall expire.  The district attorney shall submit for filing in the court record a written record specifying the reasons why the petition was not filed and specifying to whom the child was released.
H.  If a petition is filed within the time period specified in subsection  G of this section, the emergency custody order shall remain in force and effect for not longer than sixty (60) days, except as otherwise provided by this subsection.
The emergency custody order shall not be extended beyond sixty (60) days absent a showing that such further extension is necessary to ensure the health, safety or welfare of the child and is in the best interests of the child.
I.  1.  The court may hold additional hearings at such intervals as may be determined necessary by the court to provide for the health, safety or welfare of the child.
2.  The parent, legal guardian or custodian of the child, the child's attorney, the district attorney and guardian ad litem if appointed shall be given prior adequate notice of the date, time, place and purpose of any hearing by the court.
J.  In scheduling hearings, the court shall give priority to proceedings in which a child is in emergency custody.
K.  1.  An order of the court providing for the removal of a child alleged to be deprived from the home of such child shall not be entered unless the court makes a determination:
a.	that continuation of the child in the child's home is contrary to the health, safety or welfare of the child, and
b.	as to whether or not reasonable efforts were made to prevent the need for the removal of the child from the child's home, or
c.	as to whether or not an absence of efforts to prevent the removal of the child from the child's home is reasonable because the removal is due to an alleged emergency and is for the purpose of providing for the health, safety or welfare of the child, or
d.	that reasonable efforts to provide for the return of the child to the child's home are not required pursuant to Section 7003-4.6 1-4-809 of this title; provided, however, upon such determination, the court shall inform the parent that a permanency hearing will be held within thirty (30) days from the determination.
2.  In all proceedings or actions pursuant to this subsection, the child's health, safety or welfare shall be the paramount concern.
SECTION 2.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

54-1-1305	JAM	1/8/2013 2:50:21 PM