1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1756 By: Seifried
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5 AS INTRODUCED
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6 An Act relating to child custody; amending 43 O.S.
6 2021, Sections 110.1a and 112.2, which relate to the
7 Oklahoma Child Supervised Visitation Program and
7 child custody determinations; removing exception to
8 certain training requirements; requiring court to
8 consider certain factor in custody determinations;
9 establishing rebuttable presumption against granting
9 custody under certain circumstances; providing
10 exception; updating statutory reference; and
10 providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 43 O.S. 2021, Section 110.1a, is
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15 amended to read as follows:
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16 Section 110.1a. A. This section shall be known and may be
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17 cited as the “Oklahoma Child Supervised Visitation Program”.
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18 B. It is the policy of this state to ensure that the health,
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19 safety, and welfare of the child is paramount when supervised
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20 visitation is ordered by the court.
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21 C. For purposes of the Oklahoma Child Supervised Visitation
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22 Program:
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23 1. “Supervised visitation” means the court-ordered contact
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24 between a noncustodial parent and one or more children of such
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 1 parent in the presence of a third-party person who is responsible
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2 for observing and overseeing the visitation in order to provide for
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3 the safety of the child and any other parties during the visitation.
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4 The court may require supervised visitation when deemed necessary by
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5 the court to protect the child or other parties;
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6 2. An “alcohol-dependent person” has the same meaning as such
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7 term defined in Section 3-403 of Title 43A of the Oklahoma Statutes;
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8 3. A “drug-dependent person” has the same meaning as such term
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9 defined in Section 3-403 of Title 43A of the Oklahoma Statutes; and
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10 4. “Domestic abuse” has the same meaning as such term defined
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11 in Section 60.1 of Title 22 of the Oklahoma Statutes.
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12 D. 1. The associate district judge in each county within this
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13 state may select trained volunteers to provide supervised visitation
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14 pursuant to the Oklahoma Child Supervised Visitation Program.
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15 2. The associate district judge of each county may appoint a
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16 judicial district supervised visitation team to:
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17 a. identify public and private entities which will be
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18 willing to provide location sites for purposes of the
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19 Oklahoma Child Supervised Visitation Program,
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20 b. identify individuals who will be willing to serve as
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21 third-party persons to observe and oversee court-
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22 ordered supervised visitations,
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23 c. establish training requirements for volunteers,
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 1 d. identify programs which may be available for the
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2 training of the volunteers including, but not limited
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3 to, the Department of Human Services, Office of the
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4 Attorney General, child advocacy centers, domestic
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5 violence groups, and the Department of Mental Health
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6 and Substance Abuse Services,
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7 e. develop written protocol for handling supervised
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8 visitations so as to provide safety of the child and
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9 other parties during the supervised visitation,
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10 f. develop application forms for volunteers applying for
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11 the Oklahoma Child Supervised Visitation Program.
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12 Information listed on the form shall include, but not
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13 be limited to:
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14 (1) name, address and phone number of the volunteer,
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15 (2) place of employment and phone number of the
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16 volunteer,
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17 (3) areas of expertise,
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18 (4) listing of professional training in areas
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19 including, but not limited to, child abuse,
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20 domestic abuse, alcohol or drug abuse, mental
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21 illness or conflict management,
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22 (5) consent form specifying release of information,
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23 and
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24 (6) professional references, and
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 1 g. identify which information of the parties and the
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2 child will be confidential and which may be available
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3 to others.
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4 3. From recommendations of the team established pursuant to
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5 this subsection, the associate district judge in each county within
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6 this state may authorize one or more public or private agencies to
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7 provide location sites for the Oklahoma Child Supervised Visitation
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8 Program. A district judge may require either party requesting
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9 supervised visitation of a child to identify a trained third-party
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10 volunteer to observe and oversee the visitation. A district court
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11 shall not:
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12 a. require any state agency location or state employee to
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13 observe and oversee any supervised visitation, or
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14 b. appoint a third party to observe and oversee a
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15 supervised visitation who has not received the
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16 training as specified by the judicial district
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17 supervised visitation team unless agreed to by the
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18 parties.
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19 4. A participating public or private agency location site may
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20 charge a fee for each visit.
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21 E. The protocol for supervised visitation established by each
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22 judicial district supervised visitation team may require that:
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23 1. The location site require each participant who has court-
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24 ordered supervised visitation for a child and who is participating
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 1 in the supervised visitation program to sign a time log upon arrival
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2 and departure. The agency location site must have an employee
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3 assigned to verify identification of each participant, initial each
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4 signature, and record the time of arrival and departure of each
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5 person; and
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6 2. The agency location site also contain information on each
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7 client case including, but not limited to:
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8 a. a copy of the court order requiring supervised
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9 visitation, and
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10 b. name of individuals authorized to pick up or deliver a
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11 child to the agency location site for supervised
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12 visitation.
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13 F. Each judicial district supervised visitation team may
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14 include, but not be limited to:
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15 1. Mental health professionals;
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16 2. Police officers or other law enforcement agents;
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17 3. Medical personnel;
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18 4. Child protective services workers;
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19 5. Child advocacy individuals; and
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20 6. The district attorney or designee.
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21 G. An associate district judge of a county, the judicial
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22 district supervised visitation team created pursuant to this section
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23 and the Office of the Court Administrator may develop an
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24 informational brochure outlining the provisions of the Oklahoma
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 1 Child Supervised Visitation Program and procedures to be used by
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2 volunteers in that judicial district. The brochure may be
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3 distributed through the municipal and district court, social service
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4 agency centers, county health departments, hospitals, crisis or
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5 counseling centers, and community action agencies.
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6 H. Except for acts of dishonesty, willful criminal acts, or
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7 gross negligence, no member of the judicial district supervised
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8 visitation team or volunteer shall be charged personally with any
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9 liability whatsoever by reason of any act or omission committed or
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10 suffered in the performance of the duties pursuant to the provisions
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11 of this section.
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12 I. The provisions of this section shall not apply to cases
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13 subject to the Oklahoma Children’s Code and the Oklahoma Juvenile
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14 Code.
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15 SECTION 2. AMENDATORY 43 O.S. 2021, Section 112.2, is
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16 amended to read as follows:
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17 Section 112.2. A. In every case involving the custody of,
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18 guardianship of or visitation with a child, the court shall consider
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19 for determining the custody of, guardianship of or the visitation
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20 with a child whether any person seeking custody or who has custody
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21 of, guardianship of or visitation with a child:
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22 1. Is or has been subject to the registration requirements of
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23 the Oklahoma Sex Offenders Registration Act or any similar act in
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24 any other state;
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 1 2. Has been convicted of a crime listed in the Oklahoma Child
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2 Abuse Reporting and Prevention Act or in Section 582 of Title 57 of
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3 the Oklahoma Statutes;
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4 3. Is an alcohol-dependent person or a drug-dependent person as
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5 established by clear and convincing evidence and who can be expected
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6 in the near future to inflict or attempt to inflict serious bodily
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7 harm to himself or herself or another person as a result of such
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8 dependency;
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9 4. Has been convicted of domestic abuse within the past five
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10 (5) years;
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11 5. Is residing with an individual who is or has been subject to
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12 the registration requirements of the Oklahoma Sex Offenders
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13 Registration Act or any similar act in any other state;
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14 6. Is residing with a person who has been convicted of a crime
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15 listed in the Oklahoma Child Abuse Reporting and Prevention Act or
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16 in Section 582 of Title 57 of the Oklahoma Statutes; or
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17 7. Is residing with a person who has been convicted of domestic
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18 abuse within the past five (5) years; or
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19 8. Has had custody, guardianship, or visitation rights
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20 terminated due to failure to complete or participate in any court-
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21 ordered substance abuse or mental health treatment.
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22 B. There shall be a rebuttable presumption that it is not in
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23 the best interests of the child to have custody or guardianship
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24 granted to a person who:
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 1 1. Is subject to or has been subject to the registration
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2 requirements of the Oklahoma Sex Offenders Registration Act or any
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3 similar act in any other state;
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4 2. Has been convicted of a crime listed in the Oklahoma Child
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5 Abuse Reporting and Prevention Act or in Section 582 of Title 57 of
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6 the Oklahoma Statutes;
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7 3. Is an alcohol-dependent person or a drug-dependent person as
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8 established by clear and convincing evidence and who can be expected
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9 in the near future to inflict or attempt to inflict serious bodily
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10 harm to himself or herself or another person as a result of such
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11 dependency;
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12 4. Has been convicted of domestic abuse within the past five
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13 (5) years;
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14 5. Is residing with a person who is or has been subject to the
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15 registration requirements of the Oklahoma Sex Offenders Registration
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16 Act or any similar act in any other state;
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17 6. Is residing with a person who has been convicted of a crime
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18 listed in the Oklahoma Child Abuse Reporting and Prevention Act or
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19 in Section 582 of Title 57 of the Oklahoma Statutes; or
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20 7. Is residing with a person convicted of domestic abuse within
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21 the past five (5) years; or
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22 8. Has had custody, guardianship, or visitation rights
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23 terminated due to failure to complete or participate in any court-
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24 ordered substance abuse or mental health treatment. Such rights
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 1 shall not be restored until the person shows completion of or
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2 ongoing participation in the required treatment.
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3 C. Custody of, guardianship of, or visitation with a child
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4 shall not be granted to any person if it is established that the
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5 custody, guardianship or visitation will likely expose the child to
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6 a foreseeable risk of material harm.
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7 D. Except as otherwise provided by the Oklahoma Child
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8 Supervised Visitation Program, court-ordered supervised visitation
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9 shall be governed by the Oklahoma Child Supervised Visitation
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10 Program.
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11 E. For purposes of this section:
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12 1. “Alcohol-dependent person” has the same meaning as such term
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13 is defined in Section 3-403 of Title 43A of the Oklahoma Statutes;
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14 2. “Domestic abuse” has the same meaning as such term is
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15 defined in Section 60.1 of Title 22 of the Oklahoma Statutes;
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16 3. “Drug-dependent person” has the same meaning as such term is
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17 defined in Section 3-403 of Title 43A of the Oklahoma Statutes; and
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18 4. “Supervised visitation” means a program established pursuant
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19 to Section 5 110.1a of this act title.
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20 SECTION 3. This act shall become effective November 1, 2024.
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22 59-2-3384 TEK 1/17/2024 10:57:36 AM
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