Okla. Stat. tit. 43 § 112.2

Current through Laws 2024, c. 453.

Section 112.2 - Evidence of ongoing domestic abuse or child abuse - Determinations relating to convicted sex offenders - Presumption

A. In every case involving the custody of, guardianship of or visitation with a child, the court shall consider for determining the custody of, guardianship of or the visitation with a child whether any person seeking custody or who has custody of, guardianship of or visitation with a child:

1. Is or has been subject to the registration requirements of the Sex Offenders Registration Act or any similar act in any other state;

2. Has been convicted of a crime listed in the Oklahoma Child Abuse Reporting and Prevention Act or in Section 582 of Title 57 of the Oklahoma Statutes;

3. Is an alcohol-dependent person or a drug-dependent person as established by clear and convincing evidence and who can be expected in the near future to inflict or attempt to inflict serious bodily harm to himself or herself or another person as a result of such dependency;

4. Has been convicted of domestic abuse within the past five (5) years;

5. Is residing with an individual who is or has been subject to the registration requirements of the Sex Offenders Registration Act or any similar act in any other state;

6. Is residing with a person who has been convicted of a crime listed in the Oklahoma Child Abuse Reporting and Prevention Act or in Section 582 of Title 57 of the Oklahoma Statutes;

7. Is residing with a person who has been convicted of domestic abuse within the past five (5) years; or

8. Has had custody, guardianship, or visitation rights terminated due to failure to complete or participate in any court- ordered substance abuse or mental health treatment.

B. There shall be a rebuttable presumption that it is not in the best interests of the child to have custody or guardianship granted to a person who:

1. Is subject to or has been subject to the registration requirements of the Sex Offenders Registration Act or any similar act in any other state;

2. Has been convicted of a crime listed in the Oklahoma Child Abuse Reporting and Prevention Act or in Section 582 of Title 57 of the Oklahoma Statutes;

3. Is an alcohol-dependent person or a drug-dependent person as established by clear and convincing evidence and who can be expected in the near future to inflict or attempt to inflict serious bodily harm to himself or herself or another person as a result of such dependency;

4. Has been convicted of domestic abuse within the past five (5) years;

5. Is residing with a person who is or has been subject to the registration requirements of the Sex Offenders Registration Act or any similar act in any other state;

6. Is residing with a person who has been convicted of a crime listed in the Oklahoma Child Abuse Reporting and Prevention Act or in Section 582 of Title 57 of the Oklahoma Statutes; 7. Is residing with a person convicted of domestic abuse within the past five (5) years; or

8. Has had custody, guardianship, or visitation rights terminated due to failure to complete or participate in any court- ordered substance abuse or mental health treatment.

C. Custody of, guardianship of, or visitation with a child shall not be granted to any person if it is established that the custody, guardianship or visitation will likely expose the child to a foreseeable risk of material harm.

D. Except as otherwise provided by the Oklahoma Child Supervised Visitation Program, court-ordered supervised visitation shall be governed by the Oklahoma Child Supervised Visitation Program.

E. For purposes of this section:

1. "Alcohol-dependent person" has the same meaning as such term is defined in Section 3-403 of Title 43A of the Oklahoma Statutes;

2. "Domestic abuse" has the same meaning as such term is defined in Section 60.1 of Title 22 of the Oklahoma Statutes;

3. "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. "Supervised visitation" means a program established pursuant to Section 110.1a of this title.

Okla. Stat. tit. 43, § 112.2

Amended by Laws 2024 , c. 34, s. 2, eff. 11/1/2024.

Added by Laws 1991, SB 425, c. 113, § 2, eff. 9/1/1991; Amended by Laws 2002 , HB 2850, c. 413, §3, eff. 11/1/2002(repealed by Laws 2003 , HB 1816, c. 3, §26, emerg. eff. 3/19/2003); Amended by Laws 2002 , SB 1329, c. 445, §19, eff. 11/1/2002; Amended by Laws 2003 , HB 1816, c. 3, §25, emerg. eff. 3/19/2003; Amended by Laws 2004 , HB 1734, c. 415, §4, emerg. eff. 6/4/2004.