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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 10A, § 10A-1-4-709: Permanent guardianship

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Where this section sits in the code
  1. OK Code
  2. Title 10A

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.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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