Oklahoma § 43-110.1 - Shared parenting - Policy

§ 43-110.1. Shared parenting - Policy

It is the policy of this state to assure that minor children

have frequent and continuing contact with parents who have shown the

ability to act in the best interests of their children and to

encourage parents to share in the rights and responsibilities of

rearing their children after the parents have separated or dissolved

their marriage. The court may consider evidence of the ability of

the parents to cooperate on issues related to their minor children,

as well as evidence of domestic violence, stalking, or harassment as

defined in Section 109 of this title. To effectuate this policy, if

requested by a parent, the court may provide substantially equal

access to the minor children to both parents at a temporary order or

final hearing, unless the court finds that shared parenting would be

detrimental to the child. The court shall issue findings of fact

and conclusions of law to support its decision after a final hearing

on the merits.

Added by Laws 1999, c. 301, § 3, eff. Nov. 1, 1999. Amended by Laws

2001, c. 61, § 1, eff. Nov. 1, 2001; Laws 2009, c. 307, § 2, eff.

Nov. 1, 2009; Laws 2021, c. 445, § 1, eff. Nov. 1, 2021.

§43-110.1a. Oklahoma Child Supervised Visitation Program – Policy –

Definitions.

A. This section shall be known and may be cited as the

“Oklahoma Child Supervised Visitation Program”.

Oklahoma Statutes - Title 43. Marriage and Family

B. It is the policy of this state to ensure that the health,

safety, and welfare of the child is paramount when supervised

visitation is ordered by the court.

C. For purposes of the Oklahoma Child Supervised Visitation

Program:

1. “Supervised visitation” means the court-ordered contact

between a noncustodial parent and one or more children of such

parent in the presence of a third-party person who is responsible

for observing and overseeing the visitation in order to provide for

the safety of the child and any other parties during the visitation.

The court may require supervised visitation when deemed necessary by

the court to protect the child or other parties;

2. An “alcohol-dependent person” has the same meaning as such

term is defined in Section 3-403 of Title 43A of the Oklahoma

Statutes;

3. A “drug-dependent person” has the same meaning as such term

is defined in Section 3-403 of Title 43A of the Oklahoma Statutes;

and

4. “Domestic abuse” has the same meaning as such term is

defined in Section 60.1 of Title 22 of the Oklahoma Statutes.

D. 1. The associate district judge in each county within this

state may select trained volunteers to provide supervised visitation

pursuant to the Oklahoma Child Supervised Visitation Program.

2. The associate district judge of each county may appoint a

judicial district supervised visitation team to:

a.

identify public and private entities which will be

willing to provide location sites for purposes of the

Oklahoma Child Supervised Visitation Program,

b.

identify individuals who will be willing to serve as

third-party persons to observe and oversee courtordered supervised visitations,

c.

establish training requirements for volunteers,

d.

identify programs which may be available for the

training of the volunteers including, but not limited

to, the Department of Human Services, Office of the

Attorney General, child advocacy centers, domestic

violence groups, and the Department of Mental Health

and Substance Abuse Services,

e.

develop written protocol for handling supervised

visitations so as to provide safety of the child and

other parties during the supervised visitation,

f.

develop application forms for volunteers applying for

the Oklahoma Child Supervised Visitation Program.

Information listed on the form shall include, but not

be limited to:

(1) name, address and phone number of the volunteer,

Oklahoma Statutes - Title 43. Marriage and Family

(2)

place of employment and phone number of the

volunteer,

(3) areas of expertise,

(4) listing of professional training in areas

including, but not limited to, child abuse,

domestic abuse, alcohol or drug abuse, mental

illness or conflict management,

(5) consent form specifying release of information,

and

(6) professional references, and

g.

identify which information of the parties and the

child will be confidential and which may be available

to others.

3. From recommendations of the team established pursuant to

this subsection, the associate district judge in each county within

this state may authorize one or more public or private agencies to

provide location sites for the Oklahoma Child Supervised Visitation

Program. A district judge may require either party requesting

supervised visitation of a child to identify a trained third-party

volunteer to observe and oversee the visitation. A district court

shall not:

a.

require any state agency location or state employee to

observe and oversee any supervised visitation, or

b.

appoint a third party to observe and oversee a

supervised visitation who has not received the

training as specified by the judicial district

supervised visitation team unless agreed to by the

parties.

4. A participating public or private agency location site may

charge a fee for each visit.

E. Prior to approval of any third-party volunteer to observe

and oversee visitation under this section, the court shall make a

written determination of the fitness of the volunteer by reviewing

information including but not limited to:

1. A national criminal history record check conducted by the

Oklahoma State Bureau of Investigation within one (1) year prior to

the appointment of the volunteer;

2. A sworn affidavit from the volunteer accepting the rules of

supervision and whether the volunteer:

a.

is an alcohol- or drug-dependent person,

b.

is residing with a person who is required by law to

register pursuant to the Sex Offenders Registration

Act of this state or any other state,

c.

is residing with a person who has been convicted of

domestic abuse within the past five (5) years, or

d.

has had custody, guardianship, or visitation rights

terminated to any child; and

Oklahoma Statutes - Title 43. Marriage and Family

3. Any testimony by the potential volunteer or other witness

testimony deemed necessary by the court to determine the fitness of

the volunteer.

F. The protocol for supervised visitation established by each

judicial district supervised visitation team shall require that:

1. The volunteer supervising the visitation shall be able to

see and hear all interactions between the supervised parent and the

child; and

2. If the court determines that the supervised parent has

exhibited suicidal or violent behavior, all supervised visitation

shall occur within a professional setting unless and until the

supervised parent has submitted a non-self-reporting psychological

evaluation to the court.

G. The protocol for supervised visitation established by each

judicial district supervised visitation team may require that:

1. The location site require each participant who has courtordered supervised visitation for a child and who is participating

in the supervised visitation program to sign a time log upon arrival

and departure. The agency location site must have an employee

assigned to verify identification of each participant, initial each

signature, and record the time of arrival and departure of each

person; and

2. The agency location site also contain information on each

client case including but not limited to:

a.

a copy of the court order requiring supervised

visitation, and

b.

name of individuals authorized to pick up or deliver a

child to the agency location site for supervised

visitation.

H. Each judicial district supervised visitation team may

include but not be limited to:

1. Mental health professionals;

2. Police officers or other law enforcement agents;

3. Medical personnel;

4. Child protective services workers;

5. Child advocacy individuals; and

6. The district attorney or designee.

I. An associate district judge of a county, the judicial

district supervised visitation team created pursuant to this section

and the Administrative Office of the Courts may develop an

informational brochure outlining the provisions of the Oklahoma

Child Supervised Visitation Program and procedures to be used by

volunteers in that judicial district. The brochure may be

distributed through the municipal and district court, social service

agency centers, county health departments, hospitals, crisis or

counseling centers, and community action agencies.

Oklahoma Statutes - Title 43. Marriage and Family

J. Except for acts of dishonesty, willful criminal acts, or

gross negligence, no member of the judicial district supervised

visitation team or volunteer shall be charged personally with any

liability whatsoever by reason of any act or omission committed or

suffered in the performance of the duties pursuant to the provisions

of this section.

K. The provisions of this section shall not apply to cases

subject to the Oklahoma Children’s Code and the Oklahoma Juvenile

Code.

Added by Laws 2004, c. 415, § 5, eff. Dec. 15, 2004. Amended by

Laws 2017, c. 230, § 1, eff. Nov. 1, 2017; Laws 2024, c. 34, § 1,

eff. Nov. 1, 2024.