Bill > SB1637

This bill, titled the "Parental Medical Rights Protection Act," aims to protect parents' fundamental right to make medical decisions for their children by limiting the circumstances under which a child can be removed from a parent's custody due to allegations of medical neglect. It defines "medical necessity" as a condition where the absence of a specific treatment is likely to result in death or permanent physical impairment, and a safe, effective treatment exists. The bill prohibits removing a child solely based on allegations of neglect for not providing medical care unless it's proven by clear and convincing evidence that the treatment is medically necessary to prevent imminent death or permanent disability, and the parent refused it after being fully informed. Parents can rebut this by showing their child is receiving or will receive treatment from a qualified professional with recognized credentials and malpractice insurance. Courts must allow parents to present expert testimony and conduct discovery, and cannot take judicial notice of contested medical matters without agreement or expert testimony. Emergency removal orders for medical neglect will only be issued if there's clear and convincing evidence of other abuse posing an imminent risk, and the Department of Human Services or law enforcement can still act in cases of immediate and substantial risk of death or injury, but such actions must be narrowly tailored and subject to swift judicial review. This act will become effective on November 1, 2026.

Health and Social Services

http://www.oklegislature.gov/BillInfo.aspx?Bill=sb1637&Session=2600