§ 10A-1-4-709 — Permanent guardianship.

A. The court may establish a permanent guardianship between a child and a relative or other adult if the guardianship is in the child's best interests and all of the following conditions are substantially satisfied: 1. The child has been adjudicated to be a deprived child; 2. The parent has: a. consented to the guardianship, b. had his or her parental rights terminated, c. failed to substantially correct the conditions that led to the adjudication of the child, d. been adjudicated as incompetent or incapacitated by a court, e. abandoned the child, f. failed to be identified or has not been located despite reasonably diligent efforts to ascertain the whereabouts of the parent, or g. died; 3. The child consents to the guardianship if the court finds the child to be of sufficient intelligence, understanding, and experience to provide consent; 4. Termination of the parent's rights is either not legally possible or not in the best interests of the child or adoption is not the permanency plan for the child; 5. The child and the prospective guardian do not require protective supervision or preventive services to ensure the stability of the guardianship; 6. The prospective guardian is committed to providing for the child until the child reaches the age of majority and to preparing the child for adulthood and independence; 7. The prospective guardian agrees not to return the child to the care of the person from whom the child was removed nor to allow visitation without the approval of the court; and 8. The child has been residing or placed with the proposed guardian for at least the six (6) preceding months or the permanent guardian is a relative with whom the child has a relationship. B. In proceedings for permanent guardianship, the court shall give primary consideration to the physical and behavioral health needs of the child. C. A permanent guardianship pursuant to subsection A of this section shall not be permitted if: 1. The prospective guardian would be denied placement as a prospective foster or adoptive parent pursuant to subsection C of Section 1-4-705 of this title; 2. The prospective guardian is subject to the Oklahoma Sex Offenders Registration Act or living with an individual subject to the Oklahoma Sex Offenders Registration Act; or 3. The prospective guardian is the parent of the child and has had his or her parental rights terminated. D. Unless otherwise set forth in the final order of permanent guardianship, a permanent guardian is vested with all of the rights and responsibilities as set forth in Title 30 of the Oklahoma Statutes relating to the powers and duties of a guardian of a minor, other than those rights and responsibilities retained by the child's parent, if any, that are set forth in the decree of permanent guardianship.

Legislative History

Added by Laws 2009, c. 233, § 123, emerg. eff. May 21, 2009. Amended by Laws 2016, c. 242, § 1, emerg. eff. May 5, 2016; Laws 2019, c. 94, § 1, eff. Nov. 1, 2019.