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OK HB3298

OK HB3298
Civil procedure; Uniform Judicial Interview of Children Act; terms; scope; judicial officer; judicial interview; considerations; training; procedure; record; codification; effective date.


summary

Introduced
02/02/2026
In Committee
02/03/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

An Act relating to civil procedure; enacting the Uniform Judicial Interview of Children Act; defining terms; providing scope of act; permitting judicial officer to conduct judicial interview under certain circumstances; permitting certain parties to request judicial interview; providing considerations for the judicial officer; requiring that a judicial officer who conducts a judicial interview have training in interviewing a child; providing judicial interview procedure; directing the judicial officer to grant access to interview record under certain circumstances; directing a court to consider uniformity in applying and construing act; specifying interviews this act shall apply to; providing for codification; and providing an effective date.

AI Summary

This bill enacts the Uniform Judicial Interview of Children Act, establishing a standardized process for judicial officers to interview children in certain civil cases, referred to as "covered proceedings," which involve matters like child custody, visitation, adoption, and guardianship, as well as international child abduction cases. A "judicial interview" is defined as a non-oath conversation where a "judicial officer" (a judge or similar official) gathers a child's "views," meaning their wishes or preferences, to help in making decisions. The act specifies that a judicial officer can conduct such an interview if it's in the child's best interest, considering factors like the child's age, maturity, potential benefits and harms of the interview, and the likelihood it will aid the court. Importantly, any judicial officer conducting these interviews must have specific training in interviewing children. The bill outlines procedures for these interviews, including allowing parties to suggest questions but giving the judicial officer the final say on what is asked, requiring a record of the interview, and permitting the child's attorney and guardian ad litem to attend, while generally excluding the parties and their attorneys from the interview itself. Access to the interview record is generally granted to parties on appeal, unless they agree to waive it, but the judicial officer has discretion to seal records or disclose specific factual allegations made by the child if they are contested and potentially decisive in the case. The act aims to promote consistency in how these interviews are conducted across different states and applies to interviews requested or initiated on or after November 1, 2026, with exceptions for proceedings under the Oklahoma Children's Code or Juvenile Code, or when a child is providing sworn testimony.

Committee Categories

Justice

Sponsors (2)

Last Action

Policy recommendation to the Judiciary and Public Safety Oversight committee; Do Pass Civil Judiciary (on 02/19/2026)

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