Children; authorizing breastfeeding of child in foster care under certain conditions. Effective date.
Summary
SB 764 would create a new provision in Oklahoma law allowing a foster parent who is a lactating female to breastfeed a child under age two who has been placed in her care by court order. The permission is not automatic: the foster parent must receive authorization from the Department of Human Services and, where practicable as determined by the department, obtain prior written informed consent from the child’s biological parent. The bill also directs the Director of Human Services to adopt rules to carry out the new law.
The measure would add a new section to Title 10A of the Oklahoma Statutes governing child welfare and foster care. It would establish a specific legal framework for breastfeeding in foster placements, giving DHS discretion to determine when parental consent is practicable and to set implementation rules. The act is set to take effect November 1, 2025.
Impact
The bill would amend Oklahoma’s child welfare statutes by adding Section 1-7-117 to Title 10A, creating a narrow authorization for breastfeeding in foster care settings for children under two. It would affect foster parents, biological parents, and the Department of Human Services by requiring agency approval and rulemaking before the practice can occur, and by conditioning the practice on informed parental consent when practicable.
Sentiment
Based on the bill text and available legislative context, the measure appears generally supportive of breastfeeding and foster-child bonding, with no recorded committee debate or votes showing opposition or support. The bill advanced to second reading and was referred to the Health and Human Services Committee, suggesting it was treated as a child welfare and health policy proposal rather than a controversial measure at this stage.
Contention
The main points of potential contention are the consent and authorization requirements. Supporters may view the bill as a limited, child-centered accommodation for infants in foster care, while critics could question whether breastfeeding by a foster parent should require biological parent consent, how DHS will decide when consent is “practicable,” and whether the rulemaking authority gives the agency too much discretion. The bill’s focus on lactating female foster parents may also raise questions about scope and implementation, though no specific objections are recorded in the available materials.
Children; providing access to certain counseling services for foster parents and certain children subject to specified condition. Effective date. Emergency.
Oklahoma Children's Code; authorizing court to order disclosure of certain information; authorizing court to take certain actions during deprived proceedings. Effective date.