ENGROSSED SENATE
BILL NO. 254 	By:	Corn, Garrison, Eason McIntyre, Ballenger, Paddack, Easley, Burrage and Johnson (Constance) of the Senate

			and

		Terrill of the House

[ children - grandparents - adoption - home studies - codification - 		effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 7505-3.3 of Title 10, unless there is created a duplication in numbering, reads as follows:
If the child to be adopted is the biological or adopted grandchild of the petitioner, the grandparent may be exempt from any court costs associated with the adoption, except the adoption filing fee as provided for in Section 152 of Title 28 of the Oklahoma Statutes; provided, however, such court costs shall be required if the adoption is contested by a biological or adopted parent of the child.
SECTION 2.     AMENDATORY     10 O.S. 2001, Section 7505-5.2, is amended to read as follows:
Section 7505-5.2  A.  If a preplacement home study is waived by the court for good cause shown or is not required by Section 29 of this act Section 7505-5.1 of this title, the court, upon the filing of a petition for adoption, shall order that a home study be made and filed with the court by the designated investigator within the time fixed by the court, and in no event more than sixty (60) days from the issuance of the order for the home study, unless the time therefor is extended by the court.
B.  If the child to be adopted is the biological or adopted child of either of the petitioners or of the spouse of the petitioner or the biological or adopted grandchild of the petitioner, then the court by order may waive the requirement in subsection A of this section that a home study report be made, and the requirement for a supplemental report set forth in subsection C of Section 31 of this act, if the court makes the following findings:
1.  That waiver of the home study requirement is in the best interest of the child;
2.  That If the petitioners are the parent of the child and the stepparent of the child, that the parent of the child and the stepparent of the child who are petitioning for adoption have been married for at least one (1) year with the child who is to be adopted living in their home; and
3.  That the stepparent or the grandparent who is petitioning for adoption has no record of conviction of a felony or conviction or adjudication in juvenile court for child abuse or neglect or domestic violence, and there is no record of a protective order or orders issued against the stepparent.
In all other adoptions, including foster, relative, and stepparent adoptions, a home study and report shall be made pursuant to this section or Section 29 of this act Section 7505-5.1 of this title.
SECTION 3.  This act shall become effective November 1, 2009.
Passed the Senate the 12th day of March, 2009.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2009.

	
Presiding Officer	of the House
	of Representatives