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The following is
an email from Paul Bashline
(Posted 1-29-03)
Please pass this along. I ask that each of you call
the Speaker Larry Adair (Phone: (405) 557-7394 Fax: (405)
557-7445) to have these two bills killed.
Paul Bashline
President,
Cimarron Alliance Group
Subj: HB1308 & 1505
In case you haven't heard, I wanted to make you aware
of Legislation that has already been introduced in
the Oklahoma House. HB 1308 prohibits homosexuals
from adopting a child and HB 1505 establishes a
rebuttable presumption that it is not in the best
interests of a child for custody of that child to be
granted to a parent who is homosexual, bisexual, or
who engages in homosexual activity. Both of these
bills have been authored by Rep. Graves.
HB 1308 was introduced 2/3/03 and HB 1505 was
introduced 2/3/03 as well.
Text of the bills are below.
STATE OF OKLAHOMA
1st Session of the 49th Legislature (2003)
HOUSE BILL HB1308 By: Graves
AS INTRODUCED
An Act relating to children; amending 10 O.S. 2001,
Section 7503-1.1, which
relates to eligibility to adopt; prohibiting certain
persons from adopting
children; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2001, Section 7503-1.1,
is amended to
read as follows:
Section 7503-1.1 A. The following persons are
eligible to adopt a child:
1. A husband and wife jointly if both spouses are at
least twenty-one (21)
years of age;
2. Either the husband or wife if the other spouse is
a parent or a relative
of the child;
3. An unmarried person who is at least twenty-one (21)
years of age; or
4. A married person at least twenty-one (21) years of
age who is legally
separated from the other spouse.
B. No person who is a homosexual, bisexual or lesbian
shall be permitted to
adopt any child in this state.
SECTION 2. This act shall become effective November 1,
2003.
49-1-5867 KSM 01/20/03
STATE OF OKLAHOMA
1st Session of the 49th Legislature (2003)
HOUSE BILL HB1505 By: Graves
AS INTRODUCED
An Act relating to marriage and family; amending 10 O.S.
2001, Section 21.1,
as amended by Section 1, Chapter 445, O.S.L. 2002 (10
O.S. Supp. 2002,
Section 21.1), which relates to priority for custody
of a child; amending 43
O.S. 2001, Section 112, as amended by Section 18,
Chapter 445, O.S.L. 2002,
(43 O.S. Supp. 2002, Section 112), which relates to
custody of a child;
making certain activity of a parent rebuttable
presumption not to have
custody of a child; defining terms; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2001, Section 21.1, as
amended by
Section 1, Chapter 445, O.S.L. 2002 (10 O.S. Supp.
2002, Section 21.1), is
amended to read as follows:
Section 21.1 A. Custody should be awarded or a
guardian appointed in the
following order of preference according to the best
interests of the child
to:
1. A parent or to both parents jointly except as
otherwise provided in
subsection B of this section;
2. A grandparent;
3. A person who was indicated by the wishes of a
deceased parent;
4. A relative of either parent;
5. The person in whose home the child has been living
in a wholesome and
stable environment including but not limited to a
foster parent; or
6. Any other person deemed by the court to be
suitable and able to provide
adequate and proper care and guidance for the child.
B. Subject to subsection E of this section, when a
parent having physical custody and providing support
to a child becomes deceased or when the custody is
judicially removed from such parent, the court may
only deny the noncustodial parent custody of the
child or guardianship of the child if:
1. a. For a period of at least twelve (12) months out
of the last fourteen
(14) months immediately preceding the determination
of custody or
guardianship action, the noncustodial parent has
willfully failed, refused,
or neglected to contribute to the child's support:
(1) in substantial compliance with a support
provision or an order entered by a court of competent
jurisdiction adjudicating the duty, amount, and
manner of support, or
(2) according to such parent's financial ability to
contribute to the child's support if no provision for
support is provided in a decree of divorce or an
order of modification subsequent thereto, and
b. The denial of custody or guardianship is in the
best interest of the
child;
2. The noncustodial parent has abandoned the child as
such term is defined
by Section 7006-1.1 of this title;
3. The parental rights of the noncustodial parent
have been terminated;
4. The noncustodial parent has been convicted of any
crime defined by the Oklahoma Child Abuse Reporting
and Prevention Act or any crime against public
decency and morality pursuant to Title 21 of the
Oklahoma Statutes;
5. The child has been adjudicated deprived pursuant
to the Oklahoma Children's Code as a result of the
actions of the noncustodial parent and such parent
has not successfully completed any required service
or treatment plan required by the court; or
6. The court finds it would be detrimental to the
health or safety of the child for the noncustodial
parent to have custody or be appointed guardian;
or
7. If it is established that a parent of the child is
engaging in homosexual or bisexual activity, there
shall be a rebuttable presumption that it is not in
the best interests of the child to have custody of
the child granted to that parent. As used in this
paragraph:
a. "homosexual" means a person, regardless
of sex, who engages in, attempts to engage in, has a
propensity to engage in, or intends to engage in
homosexual acts, and includes the terms "gay"
and "lesbian",
b. "bisexual" means a person who engages
in, attempts to engage in, has a propensity to engage
in, or intends to engage in homosexual and
heterosexual
acts, and
c. "homosexual activity" means:
(1) any bodily contact, actively undertaken or
passively permitted, between members of the same sex
for the purpose of satisfying sexual desires, and
(2) any bodily contact which a reasonable person
would understand to demonstrate a propensity or
intent to engage in an act described in division
(1).
C. The court may consider the preference of the child
in awarding custody of the child if the child is of
sufficient age to form an intelligent preference.
D. In every case involving the custody of,
guardianship of or visitation with a child, the court
shall consider evidence of ongoing domestic abuse
which is properly brought before it. If the
occurrence of ongoing domestic abuse is established
by clear and convincing evidence, there shall be a
rebuttable presumption that it is not in the best
interests of the child to have custody, guardianship
or unsupervised visitation granted to the abusive
person.
E. 1. In every case involving the custody of,
guardianship of or visitation with a child, the court
shall determine whether any individual seeking
custody of or who has custody of, guardianship of or
visitation with a child:
a. is or has been subject to the registration
requirements of the Oklahoma Sex Offenders
Registration Act or any similar act in any other
state, or
b. is residing with a person who is or has been
subject to the registration requirements of the
Oklahoma Sex Offenders Registration Act or any
similar act in any other state, or
c. is residing with a person who has been previously
convicted of a crime listed in Section 582 of Title
57 of the Oklahoma Statutes.
2. There shall be a rebuttable presumption that it is
not in the best interests of the child to have
custody, guardianship or unsupervised visitation
granted to:
a. a person who is or has been subject to the
registration requirements of the Oklahoma Sex
Offenders Registration Act or any similar act in any
other state, or
b. a person who is residing with an individual who is
or has been subject to the registration requirements
of the Oklahoma Sex Offenders Registration Act or any
similar act in any other state,
c. is residing with a person who has been previously
convicted of a crime listed in Section 582 of Title
57 of the Oklahoma Statutes, or
d. a person who has been convicted of a felony
involving drug or alcohol abuse within the past five
(5) years.
SECTION 2. AMENDATORY 43 O.S. 2001, Section 112, as
amended by
Section 18, Chapter 445, O.S.L. 2002 (43 O.S. Supp.
2002, Section 112), is amended to read as follows:
Section 112. A. A petition or cross-petition for a
divorce, legal separation, or annulment must state
whether or not the parties have minor children of the
marriage. If there are minor children of the
marriage, the court:
1. Shall make provision for guardianship, custody,
medical care, support and education of the children;
2. Unless not in the best interests of the children,
may provide for the visitation of the noncustodial
parent with any of the children of the noncustodial
parent; and
3. May modify or change any order whenever
circumstances render the change proper either before
or after final judgment in the action; provided, that
the amount of the periodic child support payment
shall not be modified retroactively or payment of all
or a portion of the past due amount waived, except by
mutual agreement of the obligor and obligee, or if
the obligee has assigned child support rights to the
Department of Human Services or other entity, by
agreement of the Department or other entity. Unless
the parties agree to the contrary, a completed child
support computation form provided for in Section 120
of this title shall be required to be filed with the
child support order.
The social security numbers of both parents and the
child shall be included on the child support order
summary form provided for in Section 120 of this
title, which shall be filed with all child support
orders.
B. In any action in which there are minor unmarried
children in awarding or
modifying the custody of the child or in appointing a
general guardian for
the child, the court shall be guided by the
provisions of Section 21.1 of
Title 10 of the Oklahoma Statutes and shall consider
what appears to be in
the best interests of the child.
C. 1. When it is in the best interests of a minor
unmarried child, the
court shall:
a. assure children of frequent and continuing contact
with both parents
after the parents have separated or dissolved their
marriage, and
b. encourage parents to share the rights and
responsibilities of child
rearing in order to effect this policy.
2. There shall be neither a legal preference nor a
presumption for or
against joint legal custody, joint physical custody,
or sole custody.
3. When in the best interests of the child, custody
shall be awarded in a
way which assures the frequent and continuing contact
of the child with both
parents. When awarding custody to either parent, the
court:
a. shall consider, among other facts, which parent is
more likely to allow
the child or children frequent and continuing contact
with the noncustodial
parent, and
b. shall not prefer a parent as a custodian of the
child because of the
gender of that parent.
4. In any action, there shall be neither a legal
preference or a
presumption
for or against private or public school or home-schooling
in awarding the
custody of a child, or in appointing a general
guardian for the child.
5. In making an order for custody, the court may
specify that:
a. unless there is a prior written agreement to
change the permanent
residence of the child either parent shall notify the
other parent if the
parent plans to change the permanent residence of the
child, and
b. the noncustodial parent is to notify the custodial
parent if the
noncustodial parent plans to change permanent
residence.
6. If it is established that a parent of the child is
engaging in
homosexual
activity, there shall be a rebuttable presumption
that it is not in the best
interests of the child to have custody of the child
granted to that parent.
As used in this paragraph:
a. "homosexual" means a person, regardless
of sex, who engages in, attempts
to engage in, has a propensity to engage in, or
intends to engage in
homosexual acts, and includes the terms "gay"
and "lesbian",
b. "bisexual" means a person who engages
in, attempts to engage in, has a
propensity to engage in, or intends to engage in
homosexual and heterosexual
acts, and
c. "homosexual activity" means:
(1) any bodily contact, actively undertaken or
passively permitted, between
members of the same sex for the purpose of satisfying
sexual desires, and
(2) any bodily contact which a reasonable person
would understand to
demonstrate a propensity or intent to engage in an
act described in division
(1).
D. 1. Except for good cause shown, a pattern of
failure to allow
court-ordered visitation may be determined to be
contrary to the best
interests of the child and as such may be grounds for
modification of the
child custody order.
2. For any action brought pursuant to the provisions
of this section which
the court determines to be contrary to the best
interests of the child, the
prevailing party shall be entitled to recover court
costs, attorney fees and
any other reasonable costs and expenses incurred with
the action.
E. Except as otherwise provided by Section 112.1A of
this title, any child shall be entitled to support by
the parents until the child reaches eighteen (18)
years of age. If a dependent child is regularly and
continuously attending high school, said child shall
be entitled to support by the parents through the age
of eighteen (18) years. No hearing shall be required
to extend such support through the age of eighteen (18)
if the child is regularly and continuously attending
high school.
F. In any case in which provision is made for the
custody or support of a minor child or enforcement of
such order, the court shall inquire whether public
assistance money or medical support has been provided
by the Department of Human Services for the benefit
of each child. If public assistance money or medical
support has been provided for the benefit of the
child, the Department of Human Services shall be a
necessary party for the just adjudication and
establishment of the debt due and owing the State of
Oklahoma, as defined in Section 238 of Title 56 of
the Oklahoma Statutes, for the just adjudication and
establishment of paternity, current child support,
and medical insurance coverage for the minor children
in accordance with federal regulations.
G. In any case in which a child support order or
custody order or both is entered, enforced or
modified, the court may make a determination of the
arrearages of child support.
SECTION 3. This act shall become effective November 1,
2003.
49-1-5321 KSM 01/21/03
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