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2014Family Law 10 bills to follow
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2014Family Law 10 bills to follow
Tracking List Bill Index
4 Bills On Report
Bill #
Information
HB2536
Short Title: An Act relating to children; permitting parent or guardian to execute a power of attorney
to delegate care and custody powers to another person; limiting delegation of certain powers;
providing for revocation or withdrawal of delegation; requiring execution of new power of attorney
after one year; providing for abandonment, or abuse or neglect; exempting certain children;
clarifying status of child; providing statutory form for power of attorney to delegate care and custody
powers; requiring execution and acknowledgement of the form; amending 10 O.S. 2011, Section
403, as last amended by Section 2, Chapter 308, O.S.L. 2013 (10 O.S. Supp. 2013, Section 403),
which relates to the Oklahoma Child Care Facilities Licensing Act; exempting care provided by
person who has a power of attorney; amending 10A O.S. 2011, Sections 1-7-101 and 1-7-109,
which relate to the Oklahoma Children’s Code; providing exception; excepting licensing
requirement; providing for codification; and providing an effective date. (Amended by House,
Emergency Measure, Committee Substitute)
Paraphrase: HB2536, by Rep. Jason Nelson, R-Oklahoma City, permits a parent, guardian, or legal
custodian of a child, by a properly executed power of attorney to delegate to another person, for a
period not to exceed one year, any of the powers regarding the care and custody of the child, except
the power to consent to marriage or adoption of the child, the performance or inducement of an
abortion on or for the child, or the termination of parental rights to the child. It prohibits a delegation
of powers as described from depriving the parent, guardian, or legal custodian of any powers
regarding the care and custody of the child. It grants the custodian of the child the authority to
revoke or withdraw the power of attorney at any time. It adds that if the delegation of powers lasts
longer than a year, the parent or guardian is required to execute a new power of attorney for each
additional year. The bill states the attorney-in-fact will exercise parental or legal authority on a
continuous basis for no less than 24 hours and without compensation and not subject to the
requirements of the Oklahoma Child Care Facilities Licensing Act. The bill states that a legal
guardian who executes this type of power of attorney will not constitute abandonment, abuse or
neglect, unless the parent fails to make contact or execute a new power of attorney after the
one-year time limit elapses. It excludes children in the custody of the Department of Human
Services from these provisions. The bill adds that under a delegation of powers, the child or children
subject to the power of attorney are not to be considered placed in foster care and the parties are
not to be subject to any of the requirements or licensing regulations for foster care. The bill provides
a statutory form of power of attorney. The bill amends care provided by an attorney-in-fact
authorized by the bill who exercises parental or legal authority on a continuous basis for no less
than 24 hours and without compensation for the intended duration of the power of attorney.
(Amended by House, Emergency Measure, Committee Substitute) - © 2014 eCapitol, LLC. All rights
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reserved.
Status: H General Order Status Date: 02/26/2014
HB2667
Short Title: An Act relating to children; amending 10A O.S. 2011, Sections 1-4-502, 1-4-505 and
1-4-904, as amended by Section 1, Chapter 404, O.S.L. 2013 (10A O.S. Supp. 2013, Section
1-4-904), which relate to termination of parental rights; deleting right to jury trial; directing court to
rule on termination of rights; deleting reference to jury; mandating termination of parental rights if
parent convicted of certain crimes; and providing an effective date. (Amended by House, Committee
Substitute)
Paraphrase: HB2667, by Rep. David Derby, R-Owasso, modifies the list of crimes requiring
termination of parental rights and directs the district attorney to file a petition or motion for
termination of parental rights no later than 90 days after the court has ordered the individualized
service plan, if the parent has made no measureable progress in correcting the conditions which
caused the child to be adjudicated deprived. (Amended by House, Committee Substitute) - © 2014
eCapitol, LLC. All rights reserved.
Status: H General Order Status Date: 02/19/2014
HB3011
Short Title: An Act relating to adoption; amending 10 O.S. 2011, Sections 7502-1.3, 7503-2.2,
7503-2.7, 7503-3.2, 7505-2.1, 7505-3.1, 7505-4.1 and 7505-6.3, which relate to the Oklahoma
Adoption Code; deleting references to extrajudicial consent; modifying time when parent can
consent to adoption or relinquish rights; deleting extrajudicial consent for putative father; deleting
citation reference; directing court to order genetic testing; terminating potential adoption if the father
objects; granting sole custody; deleting references to extrajudicial consent; repealing 10 O.S. 2011,
Section 7503-2.6, which relates to extrajudicial consent; and providing an effective date. (Amended
by House, Committee Substitute)
Paraphrase: HB3011, by Rep. Sean Roberts, R-Hominy, creates the Task Force on Adoption
Reform and its membership to be made by December 1, 2014. It does not allow for reimbursement
or compensation to members but staff assistance will be provided by the House and Senate with a
final report to be published December 31, 2015. (Amended by House, Committee Substitute) - ©
2014 eCapitol, LLC. All rights reserved.
Status: H General Order Status Date: 02/26/2014
SB1993
Short Title: An Act relating to child support; amending 10 O.S. 2011, Section 83, as amended by
Section 1, Chapter 253, O.S.L. 2012 (10 O.S. Supp. 2013, Section 83), which relates to liability of
father; modifying procedures for establishing certain support; amending 56 O.S. 2011, Sections
238.1, as amended by Section 4, Chapter 253, O.S.L. 2012, and 238.6B, as amended by Section 5,
Chapter 253, O.S.L. 2012 (56 O.S. Supp. 2013, Sections 238.1 and 238.6B), which relate to notice
of support debt and notice of paternity; modifying requirements for certain notice; modifying
requirements for certain genetic testing; and providing an effective date.
Paraphrase: SB1993, by Sen. Kimberley David, R-Wagoner and Rep. Randy Grau, R-Edmond,
modifies language related to child support. The adds that the mother of a child born out of wedlock,
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along with individual who has been legally determined to be the father of a child, by
acknowledgment or by judicial or administrative order are each liable for the support and education
of the child. The bill provides an action to establish or enforce the obligation of support and
education may be brought by either parent, or other custodial person. The bill removes language
that provides that the father?s obligation to support the child is terminated if the child is adopted and
adds language that provides if the parental rights of a mother or father are terminated in an adoption
proceeding, the obligation to support the child ceases for the parent whose rights were terminated
and that child support arrearages are not affected by the adoption of the child. The bill also provides
that the court may order payments made to either parent or other custodial person of the child. The
bill reduces from five years to two years preceding the filing of an action for support provided before
the determination of paternity. The bill requires the mother will be liable for the reasonable expenses
of providing for the child to the same extent as the father and subject to the same limitation of
liability for any time she does not have custody of the child prior to the establishment of paternity or
an order for support. The bill requires a notice of obligation include a statement that either or both
parents are required to provide medical support for the child, which may include health insurance,
cash medical support of a combination of both. The bill changes references to ?putative father? to
?alleged father.? - © 2014 eCapitol, LLC. All rights reserved.
Status: S General Order Status Date: 02/18/2014
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