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Bill > SB1717


OK SB1717

OK SB1717
Child custody; modifying certain evidentiary standard for taking child into protective custody. 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 child custody; amending 10A O.S. 2021, Section 1-4-201, which relates to circumstances authorizing taking a child into custody; modifying certain evidentiary standard for taking child into protective custody; updating statutory language; and providing an effective date.

AI Summary

This bill modifies the evidentiary standard required before a child can be taken into protective custody, changing it from "reasonable suspicion" to "clear and convincing evidence" in situations where a peace officer or court employee believes the child is in immediate danger or their surroundings pose an imminent safety threat. This higher standard also applies when a district attorney seeks a court order for protective custody, requiring them to demonstrate clear and convincing evidence that the child's welfare is at risk if they remain in their current home or with their caretaker. The bill also includes provisions for children with disabilities who may have difficulty communicating about threats and specifies that the higher evidentiary standard is necessary for a child to be placed in the emergency custody of the Department of Human Services pending further court hearings. The act is set to become effective on November 1, 2026.

Committee Categories

Justice

Sponsors (2)

Last Action

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

bill text


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