1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 423 By: Pugh
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6 AS INTRODUCED
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7 An Act relating to children; amending 10 O.S. 2021,
7 Section 7505-3.2, which relates to costs expended by
8 adoptive family; increasing allowable amount for
8 certain expenses; updating statutory reference;
9 amending 10A O.S. 2021, Section 1-2-109, which
9 relates to relinquishment of child to medical
10 services provider or child rescuer; increasing
10 certain age limit; amending 21 O.S. 2021, Section
11 851, which relates to desertion of children;
11 increasing certain age limit; and providing an
12 effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 10 O.S. 2021, Section 7505-3.2, is
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16 amended to read as follows:
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17 Section 7505-3.2. A. 1. An affidavit shall be attached to the
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18 petition for adoption, or may be filed after the filing of the
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19 petition for adoption, but prior to the final decree of adoption,
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20 which discloses to the court all of the costs, funds, or monies
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21 expended by the adoptive family or expected to be expended in
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22 connection with the adoption of a minor.
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23 2. No final decree of adoption shall be entered until the court
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24 is satisfied that all costs and expenses have been disclosed, are
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 1 reasonable, and that the costs and expenses do not violate the
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2 provisions of subsection B of this section. Upon its review of the
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3 affidavit of monies expended, the court shall in writing disapprove
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4 any expenditure that the court deems unreasonable or in violation of
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5 Sections 865 through 870 of Title 21 of the Oklahoma Statutes and,
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6 to the extent necessary to comply with Oklahoma law, shall order
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7 reimbursement of any consideration given in violation of Sections
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8 865 through 870 of Title 21 of the Oklahoma Statutes. Payments made
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9 pursuant to this section shall not be a violation of Sections 865
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10 through 870 of Title 21 of the Oklahoma Statutes. Court approval of
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11 the affidavit of monies expended shall not exempt a person, attorney
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12 or licensed child-placing agency from prosecution if the information
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13 provided to the court is fraudulent or false.
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14 B. 1. Except as otherwise specifically provided by law, the
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15 following list of adoption-related costs and expenses specified in
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16 this paragraph may be deemed proper items for a person to pay in
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17 connection with an adoption:
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18 a. reasonable attorney fees and court costs,
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19 b. reasonable medical expenses for birth mother and minor
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20 to be adopted,
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21 c. reasonable adoption counseling expenses for birth
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22 parents before and after the birth of the minor, not
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23 to exceed six (6) months from placement of the minor,
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 1 d. reasonable fees of a licensed child-placing agency,
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2 including social services staff fees provided by
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3 agency employees that include:
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4 (1) casework services,
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5 (2) adoptive child and family studies,
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6 (3) placement services,
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7 (4) certification of agency facilities,
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8 (5) admission assessments, and
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9 (6) service planning,
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10 e. (1) reasonable and necessary living expenses of the
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11 birth mother that are incurred during the
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12 adoption planning process or during the
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13 pregnancy, not to exceed two (2) months after the
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14 birth of the minor or after the consent or
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15 relinquishment of the birth mother. Reasonable
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16 and necessary living expenses include but are not
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17 limited to:
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18 (a) housing expenses,
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19 (b) utilities, such as electric, gas, water, or
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20 telephone bills,
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21 (c) food for the birth mother and any minor
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22 child of the birth mother residing in the
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23 home of the birth mother,
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 1 (d) travel expenses for transportation to
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2 support the pregnancy, such as gasoline, bus
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3 fares, or providing for the temporary use of
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4 a vehicle during the pregnancy, and
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5 (e) child care or foster care for any minor
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6 child of the birth mother associated with
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7 pregnancy-related medical care., and
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8 (2) Reasonable reasonable and necessary living
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9 expenses shall not include:
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10 (a) any expenses met by existing resources of
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11 the birth mother,
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12 (b) any expenses used for the support of family
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13 members who are not minor children of the
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14 mother,
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15 (c) any expenses for recreational or leisure
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16 activities, and
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17 (d) the purchase or gift of an automobile,
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18 f. reasonable expenses for a home study,
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19 g. reasonable and necessary costs associated with an
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20 international adoption,
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21 h. reasonable expenses legally required by any
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22 governmental entity related to the adoption of a
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23 minor, and
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 1 i. a one-time gift to the birth mother from the
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2 prospective adoptive parents of no greater value than
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3 One Hundred Dollars ($100.00).
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4 2. In addition, all expenses approved by the court should be
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5 commensurate with other customary fees for similar services by
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6 persons of equivalent experience and training where the services are
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7 performed. Any services provided outside this state shall be
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8 allowed in an amount as if the services had been performed within
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9 the State of Oklahoma.
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10 3. The provisions of this subsection shall apply to living and
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11 transportation expenses incurred after the biological mother of the
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12 minor contacts the child-placing agency or attorney for adoption
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13 services.
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14 4. The provisions of this subsection shall not prohibit a court
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15 from extending any time period, or including any additional costs
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16 and expenses in connection with an adoption other than those
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17 specified in this subsection based on unusual circumstances or need.
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18 If additional costs and expenses in connection with an adoption are
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19 approved by the court, the court shall specify in writing the
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20 unusual circumstances that justify the approval.
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21 5. Except as otherwise ordered by the court except for good
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22 cause shown, all payments made pursuant to this section shall be
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23 paid directly to the third-party provider of services or goods. Any
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24 living expense paid on behalf of a birth mother in a domestic
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 1 adoption which is not supported by an itemized receipt shall not be
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2 allowed for payment. If gift cards are issued to pay expenses, an
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3 itemized receipt verifying purchases shall be required for approval
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4 by the court. The accounting shall include vouchers for all monies
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5 expended, copies of all checks written and receipts for all cash
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6 payments attesting to the accuracy of the accounting.
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7 6. No person, attorney or licensed child-placing agency shall
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8 have a financial interest in a third-party provider of services or
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9 goods, without disclosing in an affidavit the financial interest to
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10 the court and the other parties to the adoption.
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11 C. Any person, attorney, or licensed child-placing agency
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12 desiring to pay living and transportation expenses on behalf of a
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13 birth mother is authorized to expend an initial amount not to exceed
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14 One Thousand Dollars ($1,000.00) Three Thousand Five Hundred Dollars
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15 ($3,500.00) plus deposits for housing and utilities for such costs
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16 and expenses without first obtaining court approval as required by
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17 paragraph 1 of subsection D of this section. Any such costs and
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18 expenses shall be disclosed as is otherwise required by the Oklahoma
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19 Adoption Code.
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20 D. 1. Except for the amount authorized by subsection C of this
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21 section, the payment of any living or transportation expenses for
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22 benefit of the birth mother as authorized in subparagraph e of
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23 paragraph 1 of subsection B of this section shall be approved in
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24 advance by the court.
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 1 2. The person, attorney, or licensed child-placing agency
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2 desiring to pay living or transportation expenses on behalf of a
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3 birth mother which exceed the amount in subsection C of this section
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4 shall file a petition for an order approving payment of adoption-
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5 related expenses.
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6 3. The petition for an order approving payment of adoption-
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7 related expenses shall be filed in the district court where the
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8 adoption petition is to be filed, as provided in Section 7502-1.2 of
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9 this title.
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10 4. The petition shall be captioned: “In the matter of Baby
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11 (name).” The petition shall include a listing of all anticipated
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12 living or transportation expenses to be paid on behalf of the birth
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13 mother for which court approval is being sought. If additional
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14 expenditures not previously authorized by the court are needed on
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15 behalf of the birth mother, an amended petition may be filed with
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16 the court.
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17 5. The petition shall be heard by the court within ten (10)
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18 days of filing. The court clerk shall charge the same cost for a
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19 petition for payment of expenses as is charged for the filing of an
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20 adoption petition. In the event an adoption petition is later filed
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21 in the same county, the adoption petition shall be filed as an
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22 amended petition within the same case in which payment for expenses
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23 was approved and no additional court costs shall be required. In
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24 the event a petition for preadoption termination of parental rights
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 1 is later filed in the same county, the court clerk shall not assess
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2 an additional filing fee and may use the same case number as for the
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3 petition for adoption.
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4 6. Any order authorizing payment shall be attached to a
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5 petition for adoption. If no adoption petition is filed, the court
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6 shall retain jurisdiction to enter any orders deemed appropriate
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7 regarding the reimbursement of costs and expenses paid. If the
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8 child is placed for adoption outside the State of Oklahoma, any such
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9 order shall be submitted to the Interstate Compact of the Placement
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10 of Children and to the court in the other state where the petition
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11 for adoption is to be filed.
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12 E. 1. In addition to the adoptive family affidavit requirement
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13 of subsection A of this section, a Disclosure Statement of Adoption-
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14 related Costs and Expenditures shall be prepared in writing by the
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15 person, attorney or child-placing agency in a direct-placement
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16 adoption. The Disclosure Statement of Adoption-related Costs and
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17 Expenditures shall include a declaration of all fees, expenses, and
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18 costs charged or expected to be charged for the adoption including,
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19 but not limited to, the following:
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20 a. retainer fees, the hourly rate, and the number of
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21 hours billed for the adoption,
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22 b. any fee charged for preplacement or other home studies
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23 of any prospective birth parents, regardless of
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 1 whether the home study was performed by an outside
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2 agency,
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3 c. any costs, fees or expenses or any other thing of
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4 value paid to or on behalf of the birth parents
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5 related to the adoption of a minor by any party other
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6 than the adoptive parents, and
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7 d. any other fees and expenses related to the adoption
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8 not otherwise specifically listed in this section.
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9 2. The Disclosure Statement of Adoption-related Costs and
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10 Expenditures containing true and accurate information shall be filed
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11 before or when the final decree of adoption is ordered in each
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12 adoption of a minor in this state. A statutory Disclosure Statement
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13 of Adoption-related Costs and Expenditures is provided in Section 2
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14 7505-3.3 of this act title. A copy of the statement shall be a
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15 public record to be compiled and maintained by the court clerk and
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16 available for public inspection; provided, that any information
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17 identifying the person, attorney or child-placing agency in the
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18 direct adoption shall be redacted from the document prior to filing
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19 with the court clerk and shall not be made public. In addition, the
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20 identity of the child, the adoptive parents, and the birth parents
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21 shall be redacted from the document prior to filing with the court
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22 clerk and shall not be made public.
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23 SECTION 2. AMENDATORY 10A O.S. 2021, Section 1-2-109, is
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24 amended to read as follows:
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 1 Section 1-2-109. A. A parent subject to the provisions of this
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2 act shall not be prosecuted for child abandonment or child neglect
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3 under the provisions of any statute which makes child abandonment or
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4 child neglect a crime, when the allegations of child abandonment or
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5 child neglect are based solely on the relinquishment of a child
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6 thirty (30) sixty (60) days of age or younger to a medical services
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7 provider or a child rescuer as defined in this section.
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8 B. The following entities shall, without a court order, take
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9 possession of a child thirty (30) sixty (60) days of age or younger
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10 if the child is voluntarily delivered to the entity by the parent of
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11 the child and the parent did not express an intent to return for the
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12 child:
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13 1. A medical services provider; or
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14 2. A child rescuer.
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15 C. Delivery of the child may be effectuated by an in-person
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16 transfer of the child to the medical services provider or child
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17 rescuer or by leaving the child in a newborn safety device that is:
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18 1. Voluntarily installed by the medical services provider or
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19 child rescuer;
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20 2. Physically located inside a police station, fire station,
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21 child protective services agency, hospital or other medical
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22 facility; and
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 1 3. Located in an area that is conspicuous and visible to the
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2 employees of the police station, fire station, child protective
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3 services agency, hospital or other medical facility.
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4 D. A medical services provider