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OK SB1760

OK SB1760
Family court; raising burden of proof. 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 family court; amending 10A O.S. 2021, Sections 1-4-601 and 1-4-706, which relate to adjudication and dispositional hearings; requiring a court to conduct a nonjury trial for a certain determination; raising burden of proof; requiring courts to ensure due process rights are respected; modifying which evidence can be relied upon in certain hearings; and providing an effective date.

AI Summary

This bill modifies procedures in Oklahoma's family court system concerning children alleged to be deprived, meaning their health, safety, or welfare is at risk. Specifically, it mandates that in cases where a child is alleged to be deprived, the court must conduct a nonjury trial to determine if the state has proven its case. Crucially, the bill raises the burden of proof for the state in these adjudication hearings from a "preponderance of the evidence" (meaning more likely than not) to "beyond a reasonable doubt," a much higher standard requiring near certainty. It also requires courts to ensure parents' due process rights, which are fundamental legal protections, are fully respected during these proceedings and modifies the types of evidence that can be used in dispositional hearings, which determine what happens to the child after they are found to be deprived, by requiring that the evidence's value outweighs its potential to unfairly prejudice the case, rather than allowing hearsay evidence to be relied upon. This act is set to become effective on November 1, 2026.

Committee Categories

Justice

Sponsors (1)

Last Action

Second Reading referred to Judiciary (on 02/03/2026)

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