Bill Text For SB2274 - Engrossed

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