1|ENGROSSED SENATE | |BILL NO. 2274 By: Russell and Leftwich of the | 2| Senate | | | 3| and | | | 4| Nelson of the House | | | 5| | | | 6| | | | 7| An Act relating to children; amending 10 O.S. 2001, | | Sections 7505-1.1 and 7505-5.1, as last amended by | 8| Section 3, Chapter 288, O.S.L. 2009 (10 O.S. Supp. | | 2009, Section 7505-5.1), which relate to | 9| confidentiality and home study; expanding certain | | exception; establishing exemption from home study | 10| under certain circumstances; and declaring an | | emergency. | 11| | | | 12| | | | 13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 14| SECTION 1. AMENDATORY 10 O.S. 2001, Section 7505-1.1, is | | | 15|amended to read as follows: | | | 16| Section 7505-1.1. A. Unless otherwise ordered by the district | | | 17|court exercising jurisdiction over the adoption proceeding, all | | | 18|hearings held in proceedings pursuant to the Oklahoma Adoption Code | | | 19|shall be confidential and shall be held in closed court without | | | 20|admittance of any person other than interested parties and their | | | 21|counsel. | | | 22| B. All papers, records, and books of proceedings in adoption | | | 23|cases and any papers, records, and books relating to such | | | 24|proceedings: | | | arsid9978520 ENGR. S. B. NO. 2274 Page 1 ___________________________________________________________________________
1| 1. Shall be kept as a permanent record of the court and | | | 2|maintained in a separate file by the court clerk; and | | | 3| 2. Shall be confidential and shall not be open to inspection or | | | 4|copy except as authorized in Sections 7504-1.2, 7505-3.2, 7505-6.6, | | | 5|7508-1.2 and 7508-1.3 of this title or upon order of a court of | | | 6|record for good cause shown. | | | 7| C. Upon application and notice to the person or agency in whose | | | 8|possession the records being sought are held, and for good cause | | | 9|being shown, any court of record may, by written order reciting its | | | 10|findings, permit the necessary information to be released, or may | | | 11|restrict the purposes for which it shall be used. The findings | | | 12|shall include the reasons the information being sought cannot be | | | 13|obtained through the methods authorized by Sections 7504-1.2, | | | 14|7505-6.6, 7508-1.2 and 7508-1.3 of this title. | | | 15| D. The provisions of this section shall not prohibit persons | | | 16|employed by the court, the Department of Human Services, a | | | 17|child-placing agency, an attorney participating or assisting in a | | | 18|direct placement adoption or any physician, minister or other person | | | 19|or entity assisting or participating in an adoption from providing | | | 20|partial or complete identifying information between a biological | | | 21|parent and prospective adoptive or adoptive parent if a biological | | | 22|parent and a prospective adoptive or adoptive parent mutually agree | | | 23|to share specific identifying information and each gives written, | | | 24|signed notice of their agreement to the court, the Department of | | | arsid9978520 ENGR. S. B. NO. 2274 Page 2 ___________________________________________________________________________
1|Human Services, the child-placing agency, or any attorney | | | 2|participating or assisting in the direct placement adoption pursuant | | | 3|to the Oklahoma Adoption Code. | | | 4| E. Any person in charge of adoption records or having access to | | | 5|adoption records or information who discloses any information, | | | 6|including, but not limited to, all records and reports relevant to | | | 7|the case and any records and reports of examination of the minor's | | | 8|parent or other custodian pertaining to an adoption proceeding, | | | 9|contrary to the provisions of this section, upon conviction thereof, | | | 10|shall be guilty of a misdemeanor. | | | 11| SECTION 2. AMENDATORY 10 O.S. 2001, Section 7505-5.1, as | | | 12|last amended by Section 3, Chapter 288, O.S.L. 2009 (10 O.S. Supp. | | | 13|2009, Section 7505-5.1), is amended to read as follows: | | | 14| Section 7505-5.1 A. Except as otherwise provided in this | | | 15|section, only a person for whom a favorable written preplacement | | | 16|home study has been prepared may accept custody of a minor for | | | 17|purposes of adoption. A preplacement home study is favorable if it | | | 18|contains a finding that the person is suited to be an adoptive | | | 19|parent, either in general or for a particular minor, and it is | | | 20|completed or brought current within twelve (12) months next | | | 21|preceding a placement of a minor with the person for adoption. | | | 22| B. A preplacement home study is not required if a parent or | | | 23|guardian places a minor directly with a relative of the minor for | | | 24|purposes of adoption, or if the minor has been residing with a birth | | | arsid9978520 ENGR. S. B. NO. 2274 Page 3 ___________________________________________________________________________
1|parent's spouse for not less than one (1) year as of the date the | | | 2|petition for adoption is filed, but a home study of the relative or | | | 3|stepparent is required during the pendency of a proceeding for | | | 4|adoption. If the minor resides with a birth parent and the birth | | | 5|parent's spouse and the birth parent's spouse has filed a petition | | | 6|for adoption, no home study shall be required. | | | 7| C. A prospective adoptive parent shall not be approved for | | | 8|placement of a child if the petitioners or any other person residing | | | 9|in the home of the petitioners has been convicted of any of the | | | 10|following felony offenses: | | | 11| 1. Within the five-year period preceding the date of the | | | 12|petition, physical assault, domestic abuse, battery or a | | | 13|drug-related offense; | | | 14| 2. Child abuse or neglect; | | | 15| 3. A crime against a child, including, but not limited to, | | | 16|child pornography; and | | | 17| 4. A crime involving violence, including, but not limited to, | | | 18|rape, sexual assault or homicide, but excluding those crimes | | | 19|specified in paragraph 1 of this subsection. | | | 20| D. Under no circumstances shall a child be placed in the | | | 21|custody of an individual subject to the Oklahoma Sex Offenders | | | 22|Registration Act or an individual who is married to or living with | | | 23|an individual subject to the Oklahoma Sex Offenders Registration | | | 24|Act. | | | arsid9978520 ENGR. S. B. NO. 2274 Page 4 ___________________________________________________________________________
1| SECTION 3. It being immediately necessary for the preservation | | | 2|of the public peace, health and safety, an emergency is hereby | | | 3|declared to exist, by reason whereof this act shall take effect and | | | 4|be in full force from and after its passage and approval. | | | 5| Passed the Senate the 18th day of February, 2010. | | | 6| | | | 7| | | Presiding Officer of the Senate | 8| | | | 9| Passed the House of Representatives the ____ day of __________, | | | 10|2010. | | | 11| | | | 12| | | Presiding Officer of the House | 13| of Representatives | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid9978520 ENGR. S. B. NO. 2274 Page 5© 2010-18 eCapitol, LLC. ALL RIGHTS RESERVED.
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