1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1601 By: Rosino
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8 AS INTRODUCED
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9 An Act relating to transfer of child custody;
9 creating the Uniform Unregulated Child Custody
10 Transfer Act; providing short title; defining terms;
10 limiting applicability to certain child custody;
11 defining terms; stating applicability of act;
11 prohibiting transfer of custody of child for certain
12 purposes; providing exceptions; prohibiting receiving
12 custody of child under certain circumstances;
13 providing exception; creating misdemeanor offense;
13 authorizing Department of Human Services to take
14 certain actions; prohibiting certain solicitation or
14 advertisement; providing for uniformity of
15 application; clarifying application of certain act;
15 providing for codification; and providing an
16 effective date.
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21 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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22 ARTICLE 1 – GENERAL PROVISIONS
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 1 SECTION 1. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 561-101 of Title 43, unless
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3 there is created a duplication in numbering, reads as follows:
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4 This act shall be known and may be cited as the “Uniform
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5 Unregulated Child Custody Transfer Act”.
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6 SECTION 2. NEW LAW A new section of law to be codified
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7 in the Oklahoma Statutes as Section 561-102 of Title 43, unless
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8 there is created a duplication in numbering, reads as follows:
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9 As used in this act:
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10 1. “Child” means an unemancipated individual under eighteen
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11 (18) years of age;
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12 2. “Child-placing agency” means a person with authority under
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13 the laws of this state to identify or place a child for adoption.
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14 Child-placing agency does not include a parent of the child;
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15 3. “Custody” means the exercise of physical care and
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16 supervision of a child;
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17 4. “Intercountry adoption” means an adoption or placement for
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18 adoption of a child who resides in a foreign country at the time of
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19 adoption or placement, which includes an adoption finalized in the
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20 child’s country of residence or in a state;
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21 5. “Parent” means an individual recognized as a parent under
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22 the laws of this state;
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 1 6. “Person” means an individual, estate, business or nonprofit
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2 entity, public corporation, government or governmental subdivision,
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3 agency, or instrumentality, or other legal entity;
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4 7. “Record” means information:
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5 a. inscribed on a tangible medium, or
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6 b. stored in an electronic or other medium and
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7 retrievable in perceivable form; and
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8 8. “State” means a state of the United States, the District of
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9 Columbia, Puerto Rico, the United States Virgin Islands, or any
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10 other territory or possession subject to the jurisdiction of the
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11 United States, including a federally recognized Indian tribe.
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12 SECTION 3. NEW LAW A new section of law to be codified
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13 in the Oklahoma Statutes as Section 561-103 of Title 43, unless
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14 there is created a duplication in numbering, reads as follows:
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15 This act shall not apply to custody of an Indian child as
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16 defined in Section 4(4) of the Indian Child Welfare Act of 1978, 25
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17 U.S.C. Section 1903(4), as amended, to the extent custody is
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18 governed by the Indian Child Welfare Act of 1978, 25 U.S.C. Sections
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19 1901 through 1963, as amended.
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20 ARTICLE 2 – PROHIBITION OF UNREGULATED CUSTODY TRANSFER
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21 SECTION 4. NEW LAW A new section of law to be codified
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22 in the Oklahoma Statutes as Section 561-201 of Title 43, unless
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23 there is created a duplication in numbering, reads as follows:
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24 As used in this article:
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 1 1. “Guardian” means a person recognized as a guardian under the
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2 laws of this state; and
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3 2. “Intermediary” means a person that assists or facilitates a
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4 transfer of custody of a child, regardless of whether the person
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5 receives compensation for such assistance or facilitation.
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6 SECTION 5. NEW LAW A new section of law to be codified
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7 in the Oklahoma Statutes as Section 561-202 of Title 43, unless
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8 there is created a duplication in numbering, reads as follows:
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9 The provisions of this article shall not apply to a transfer of
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10 custody of a child by a parent or guardian of the child to:
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11 1. A parent of the child;
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12 2. A stepparent of the child;
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13 3. An adult who is related to the child by blood, marriage,
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14 adoption, or other relationship recognized by the laws of this
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15 state;
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16 4. An adult who, at the time of the transfer, had a close
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17 relationship with the child or the parent or guardian of the child
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18 for a substantial period, and whom the parent or guardian reasonably
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19 believes, at the time of the transfer, to be a fit custodian of the
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20 child;
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21 5. An Indian custodian, as defined in Section 4(6) of the
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22 Indian Child Welfare Act of 1978, 25 U.S.C. Section 1903(6), as
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23 amended, of the child; or
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 1 6. A member of the child’s customary family unit recognized by
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2 the child’s indigenous group under the laws of this state.
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3 SECTION 6. NEW LAW A new section of law to be codified
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4 in the Oklahoma Statutes as Section 561-203 of Title 43, unless
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5 there is created a duplication in numbering, reads as follows:
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6 A. Except as provided in subsection B of this section, a parent
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7 or guardian of a child or an individual with whom a child has been
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8 placed for adoption may not transfer custody of the child to another
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9 person with the intent, at the time of the transfer, to abandon the
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10 rights and responsibilities concerning the child.
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11 B. A parent or guardian of a child or an individual with whom a
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12 child has been placed for adoption may transfer custody of the child
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13 to another person with the intent, at the time of the transfer, to
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14 abandon the rights and responsibilities concerning the child only
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15 through:
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16 1. Adoption or guardianship;
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17 2. A judicial award of custody;
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18 3. Placement by or through a child-placing agency; or
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19 4. Any other judicial or tribal action.
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20 C. A person may not receive custody of a child or act as an
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21 intermediary in a transfer of custody of a child, if the person
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22 knows or reasonably should know the transfer violates the
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23 requirements of subsection A of this section. Such prohibition does
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24 not apply if the person, as soon as practicable after the transfer,
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 1 notifies the Department of Human Services or the appropriate law
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2 enforcement entity of the transfer, or takes appropriate action to
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3 establish custody under the requirements of subsection B of this
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4 section.
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5 D. A person in violation of this section shall, upon
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6 conviction, be guilty of a misdemeanor.
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7 E. Violation of subsection A of this section is not established
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8 solely because a parent or guardian who transfers custody of a child
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9 does not regain custody.
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10 SECTION 7. NEW LAW A new section of law to be codified
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11 in the Oklahoma Statutes as Section 561-204 of Title 43, unless
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12 there is created a duplication in numbering, reads as follows:
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13 A. If the Department of Human Services has a reasonable basis
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14 to believe that a person has transferred or will transfer custody of
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15 a child in violation of subsection A of Section 6 of this act, the
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16 Department may conduct a home visit and take appropriate action to
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17 protect the welfare of the child as authorized by law.
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18 B. If the Department conducts a home visit for a child adopted
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19 or placed through an intercountry adoption, the Department shall:
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20 1. Prepare a report on the welfare and plan for permanent
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21 placement of the child; and
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22 2. Provide a copy to the United States Department of State.
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 1 C. The provisions of this act shall not be construed to prevent
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2 the Department from taking appropriate action under any other law of
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3 this state.
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4 SECTION 8. NEW LAW A new section of law to be codified
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5 in the Oklahoma Statutes as Section 561-205 of Title 43, unless
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6 there is created a duplication in numbering, reads as follows:
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7 A. A person shall not solicit or advertise to:
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8 1. Identify a person to which to make a transfer of custody in
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9 violation of subsection A of Section 6 of this act;
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10 2. Identify a child for a transfer of custody in violation of
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11 subsection C of Section 6 of this act; or
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12 3. Act as an intermediary in a transfer of custody in violation
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13 of subsection C of Section 6 of this act.
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14 B. A person in violation of this section shall, upon
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15 conviction, be guilty of a misdemeanor.
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16 SECTION 9. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 561-401 of Title 43, unless
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18 there is created a duplication in numbering, reads as follows:
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19 In applying and construing this uniform act, a court shall
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20 consider the promotion of uniformity of the law among jurisdictions
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21 that enact it.
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22 SECTION 10. NEW LAW A new section of law to be codified
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23 in the Oklahoma Statutes as Section 561-402 of Title 43, unless
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24 there is created a duplication in numbering, reads as follows:
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 1 This act modifies, limits, or supersedes the Electronic
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2 Signatures in Global and National Commerce Act, 15 U.S.C. Section
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3 7001 et seq., as amended, but does not modify, limit, or supersede
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4 15 U.S.C. Section 7001(c), or authorize electronic delivery of any
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5 of the notices described in 15 U.S.C. Section 7003(b).
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6 SECTION 11. This act shall become effective November 1, 2024.
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8 59-2-2688 TEK 1/11/2024 1:09:59 PM
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