BILL NO. 1756 By: Seifried
of the Senate
and
Lepak
of the House
An Act relating to child custody;
amending 43 O.S. 2021, Sections 110.1a and 112.2, which relate to the Oklahoma
Child Supervised Visitation Program and child custody determinations; requiring
court to make written determination prior to approval of certain volunteer;
requiring court review of certain information; establishing certain
requirements for supervised visitation protocol; requiring court to consider
certain factor in custody determinations; establishing rebuttable presumption
against granting custody under certain circumstances; updating statutory
language; updating statutory references; and providing an effective date.
SUBJECT: Child custody and visitation
BE IT ENACTED BY THE PEOPLE OF THE
STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 43 O.S. 2021, Section 110.1a, is amended
to read as follows:
Section 110.1a. A.
This section shall be known and may be cited as the “Oklahoma Child Supervised
Visitation Program”.
B. It is the policy of this state to ensure that
the health, safety, and welfare of the child is paramount when supervised
visitation is ordered by the court.
C. For purposes of the Oklahoma Child Supervised
Visitation Program:
1. “Supervised visitation” means the
court-ordered contact between a noncustodial parent and one or more children of
such parent in the presence of a third-party person who is responsible for
observing and overseeing the visitation in order to provide for the safety of
the child and any other parties during the visitation. The court may require supervised visitation
when deemed necessary by the court to protect the child or other parties;
2. An “alcohol-dependent person” has the same
meaning as such term is defined in Section 3-403 of Title 43A of the
Oklahoma Statutes;
3. A “drug-dependent person” has the same
meaning as such term is defined in Section 3-403 of Title 43A of the
Oklahoma Statutes; and
4. “Domestic abuse” has the same meaning as such
term is defined in Section 60.1 of Title 22 of the Oklahoma Statutes.
D.
1. The associate district judge
in each county within this state may select trained volunteers to provide
supervised visitation pursuant to the Oklahoma Child Supervised Visitation
Program.
2.
The associate district judge of each county may appoint a judicial
district supervised visitation team to:
a. identify public and private entities which
will be willing to provide location sites for purposes of the Oklahoma Child
Supervised Visitation Program,
b. identify individuals who will be willing to
serve as third-party persons to observe and oversee court-ordered supervised
visitations,
c. establish training requirements for
volunteers,
d. identify programs which may be available for
the training of the volunteers including, but not limited to, the Department of
Human Services, Office of the Attorney General, child advocacy centers,
domestic violence groups, and the Department of Mental Health and Substance
Abuse Services,
e. develop written protocol for handling
supervised visitations so as to provide safety of the child and other parties
during the supervised visitation,
f. develop application forms for volunteers
applying for the Oklahoma Child Supervised Visitation Program. Information listed on the form shall include,
but not be limited to:
(1) name, address and phone number of the
volunteer,
(2) place of employment and phone number of the
volunteer,
(3) areas of expertise,
(4) listing of professional training in areas
including, but not limited to, child abuse, domestic abuse, alcohol or drug
abuse, mental illness or conflict management,
(5) consent form specifying release of
information, and
(6) professional references, and
g. identify which information of the parties and
the child will be confidential and which may be available to others.
3.
From recommendations of the team established pursuant to this
subsection, the associate district judge in each county within this state may
authorize one or more public or private agencies to provide location sites for
the Oklahoma Child Supervised Visitation Program. A district judge may require either party
requesting supervised visitation of a child to identify a trained third-party
volunteer to observe and oversee the visitation. A district court shall not:
a. require any state agency location or state
employee to observe and oversee any supervised visitation, or
b. appoint a third party to observe and oversee
a supervised visitation who has not received the training as specified by the
judicial district supervised visitation team unless agreed to by the parties.
4.
A participating public or private agency location site may charge a fee
for each visit.
E.
Prior to approval of any third-party volunteer to observe and oversee
visitation under this section, the court shall make a written determination of
the fitness of the volunteer by reviewing information including but not limited
to:
1.
A national criminal history record check conducted by the Oklahoma State
Bureau of Investigation within one (1) year prior to the appointment of the
volunteer;
2.
A sworn affidavit from the volunteer accepting the rules of supervision
and whether the volunteer:
a. is an alcohol- or drug-dependent person,
b. is residing with a person who is required
by law to register pursuant to the Sex Offenders Registration Act of this state
or any other state,
c. is residing with a person who has been
convicted of domestic abuse within the past five (5) years, or
d. has had custody, guardianship, or
visitation rights terminated to any child; and
3.
Any testimony by the potential volunteer or other witness testimony
deemed necessary by the court to determine the fitness of the volunteer.
F.
The protocol for supervised visitation established by each judicial
district supervised visitation team shall require that:
1.
The volunteer supervising the visitation shall be able to see and hear
all interactions between the supervised parent and the child; and
2.
If the court determines that the supervised parent has exhibited
suicidal or violent behavior, all supervised visitation shall occur within a
professional setting unless and until the supervised parent has submitted a
non-self-reporting psychological evaluation to the court.
G. The protocol for supervised visitation
established by each judicial district supervised visitation team may require
that:
1.
The location site require each participant who has court-ordered
supervised visitation for a child and who is participating in the supervised
visitation program to sign a time log upon arrival and departure. The agency location site must have an
employee assigned to verify identification of each participant, initial each
signature, and record the time of arrival and departure of each person; and
2.
The agency location site also contain information on each client case
including, but not limited to:
a. a copy of the court order requiring
supervised visitation, and
b. name of individuals authorized to pick up or
deliver a child to the agency location site for supervised visitation.
F.
H. Each judicial district
supervised visitation team may include, but not be limited to:
1.
Mental health professionals;
2.
Police officers or other law enforcement agents;
3.
Medical personnel;
4.
Child protective services workers;
5.
Child advocacy individuals; and
6. The district attorney or designee.
G.
I. An associate district judge of
a county, the judicial district supervised visitation team created pursuant to
this section and the Office of the Court Administrator Administrative
Office of the Courts may develop an informational brochure outlining the
provisions of the Oklahoma Child Supervised Visitation Program and procedures
to be used by volunteers in that judicial district. The brochure may be distributed through the
municipal and district court, social service agency centers, county health
departments, hospitals, crisis or counseling centers, and community action
agencies.
H.
J. Except for acts of dishonesty,
willful criminal acts, or gross negligence, no member of the judicial district
supervised visitation team or volunteer shall be charged personally with any
liability whatsoever by reason of any act or omission committed or suffered in
the performance of the duties pursuant to the provisions of this section.
I.
K. The provisions of this section
shall not apply to cases subject to the Oklahoma Children’s Code and the
Oklahoma Juvenile Code.
SECTION 2. AMENDATORY 43 O.S. 2021, Section 112.2, is amended to
read as follows:
Section 112.2. A. In
every case involving the custody of, guardianship of or visitation with a
child, the court shall consider for determining the custody of, guardianship of
or the visitation with a child whether any person seeking custody or who has
custody of, guardianship of or visitation with a child:
1. Is or has been subject to the registration
requirements of the Oklahoma Sex Offenders Registration Act or any
similar act in any other state;
2. Has been convicted of a crime listed in the
Oklahoma Child Abuse Reporting and Prevention Act or in Section 582 of Title 57
of the Oklahoma Statutes;
3. Is an alcohol-dependent person or a
drug-dependent person as established by clear and convincing evidence and who
can be expected in the near future to inflict or attempt to inflict serious
bodily harm to himself or herself or another person as a result of such
dependency;
4. Has been convicted of domestic abuse within
the past five (5) years;
5. Is residing with an individual who is or has
been subject to the registration requirements of the Oklahoma Sex
Offenders Registration Act or any similar act in any other state;
6. Is residing with a person who has been
convicted of a crime listed in the Oklahoma Child Abuse Reporting and
Prevention Act or in Section 582 of Title 57 of the Oklahoma Statutes; or
7. Is residing with a person who has been
convicted of domestic abuse within the past five (5) years; or
8. Has had custody, guardianship, or visitation
rights terminated due to failure to complete or participate in any
court-ordered substance abuse or mental health treatment.
B. There shall be a rebuttable presumption that
it is not in the best interests of the child to have custody or guardianship
granted to a person who:
1. Is subject to or has been subject to the
registration requirements of the Oklahoma Sex Offenders Registration Act
or any similar act in any other state;
2. Has been convicted of a crime listed in the
3. Is an alcohol-dependent person or a
drug-dependent person as established by clear and convincing evidence and who
can be expected in the near future to inflict or attempt to inflict serious
bodily harm to himself or herself or another person as a result of such
dependency;
4. Has been convicted of domestic abuse within
the past five (5) years;
5. Is residing with a person who is or has been
subject to the registration requirements of the Oklahoma Sex Offenders
Registration Act or any similar act in any other state;
6. Is residing with a person who has been
convicted of a crime listed in the Oklahoma Child Abuse Reporting and
Prevention Act or in Section 582 of Title 57 of the Oklahoma Statutes; or
7. Is residing with a person convicted of
domestic abuse within the past five (5) years; or
8. Has had custody, guardianship, or visitation
rights terminated due to failure to complete or participate in any
court-ordered substance abuse or mental health treatment.
C.
Custody of, guardianship of, or visitation with a child shall not be
granted to any person if it is established that the custody, guardianship or
visitation will likely expose the child to a foreseeable risk of material harm.
D. Except as otherwise provided by the Oklahoma
Child Supervised Visitation Program, court-ordered supervised visitation shall
be governed by the
E. For purposes of this section:
1. “Alcohol-dependent person” has the same
meaning as such term is defined in Section 3-403 of Title 43A of the
2. “Domestic abuse” has the same meaning as such
term is defined in Section 60.1 of Title 22 of the
3. “Drug-dependent person” has the same meaning
as such term is defined in Section 3-403 of Title 43A of the
4. “Supervised visitation” means a program
established pursuant to Section 5 110.1a of this act title.
SECTION
3. This act shall become effective November 1,
2024.
Passed the Senate the 5th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 15th day of April, 2024.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received
by the Office of the Governor this ____________________ day of
___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved
by the Governor of the State of Oklahoma this _________ day of
___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received
by the Office of the Secretary of State this __________ day of
__________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________