Bill > HB1100

This bill modifies several sections of the Oklahoma Children's Code related to child protection and custody proceedings, with significant changes to the evidentiary standard and procedural requirements. Specifically, the bill changes the standard of proof in child welfare cases from "a preponderance of the evidence" to "clear and convincing evidence," which means that courts must now have a higher level of certainty when determining whether a child is deprived or in need of protection. The bill introduces new provisions requiring courts to conduct review hearings within specific timeframes, with strict consequences for failing to do so. For example, if an emergency custody hearing is not conducted within two judicial days or a review hearing is not held every six months, the child must be released back to their parent or guardian. The bill also introduces felony charges for Department of Human Services employees who fail to comply with these new requirements, creating significant legal accountability. Additionally, the bill mandates that if a court determines there is not clear and convincing evidence of abuse or imminent danger, the child must be returned to their parent or guardian within 48 hours, and all records of the allegations must be expunged. These changes aim to provide more procedural protections for families and ensure more rigorous standards in child welfare proceedings.

Justice

http://www.oklegislature.gov/BillInfo.aspx?Bill=hb1100&Session=2600