{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-1415","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-1415","heading":"Placement in institution for individuals with","body":"intellectual disability not to abrogate parental rights - Guardians\n\n- Assessment of competency.\n\nA. The voluntary placement of a child in an institution for\n\nindividuals with intellectual disabilities by the child's parents\n\nshall not, by itself, abrogate the rights and authority of the\n\nparents.\n\nB. 1. Except as otherwise provided in this paragraph, no later\n\nthan January 1, 1988, all residents of the institutions specified in\n\nSection 1406 of this title and all residents of other residential\n\nfacilities for individuals with intellectual disabilities operated\n\nby the Department of Human Services who are eighteen (18) years of\n\nage or older shall have a guardian appointed by a court. A guardian\n\nshall not be required for a resident of the institution eighteen\n\n(18) years of age or older for whom a guardian is not recommended as\n\nprovided in subsection C of this section or who has not been found\n\nto be incompetent or incapacitated by the court.\n\n2. The guardian shall be the parent of the resident or a\n\nrelative or other adult person appointed by a court to be the\n\nguardian of the resident or former resident. A parent whose\n\nparental rights have not been terminated by a court, and who is\n\notherwise qualified to serve as guardian, shall have first priority\n\nfor appointment as guardian. If a parent is not available or\n\nwilling to serve, a relative who is otherwise qualified to serve as\n\nguardian shall have next priority for appointment as guardian.\n\n3. The guardian shall not be the superintendent or other\n\nemployee of the institution or residential facility in which the\n\nperson resides or an employee of the Department of Human Services,\n\nexcept where the superintendent or employee is also the parent or\n\nrelative of the resident or former resident. A superintendent may\n\nserve as guardian ad litem as provided in subsection D of this\n\nsection.\n\nC. 1. An assessment of the competency of a resident of an\n\ninstitution or residential facility for individuals with\n\nintellectual disabilities operated by the Department shall be\n\ncompleted within six (6) months:\n\na. prior to the eighteenth birthday of the resident,\n\nb. after institutionalization if the resident is an adult\n\nat the time of institutionalization, or\n\nc. after June 30, 1987, if the resident is an adult who\n\nwas institutionalized prior to June 30, 1987, and for\n\nwhom no competency assessment has been performed or no\n\nguardian appointed.\n\n2. The assessment shall be made by a panel composed of the\n\nresident's social worker, the attending physician of the resident,\n\nand a licensed psychiatrist or licensed psychologist with training\n\nand experience in the area of intellectual and developmental\n\ndisabilities. The panel shall make a recommendation to the\n\nsuperintendent as to whether or not the condition of the resident is\n\nsuch that appointment of a guardian is warranted. Upon the finding\n\nby the panel that appointment of a guardian is warranted, the\n\nsuperintendent shall initiate guardianship proceedings.\n\nD. If the parents or other relative of the resident are unable\n\nto serve as guardian or cannot be located, the Department may in a\n\nguardianship proceeding request the court to appoint a guardian ad\n\nlitem until such time as a guardian is appointed by a court. If the\n\ncourt is satisfied, after inquiry into the matter, that a parent or\n\nother relative qualified and willing to serve as guardian cannot\n\nwith due diligence be located, the court may appoint a guardian ad\n\nlitem.\n\n1. The court may appoint as guardian ad litem:\n\na. a qualified relative or other adult person, or\n\nb. a public guardian if available, or\n\nc. the superintendent of the facility in which the\n\nresident resides.\n\nIn all cases, a qualified relative or other qualified adult\n\nshall have priority over the Department of Human Services for\n\nappointment as a guardian.\n\n2. The appointment of a guardian ad litem shall be as guardian\nt as guardian ad litem:\n\na. a qualified relative or other adult person, or\n\nb. a public guardian if available, or\n\nc. the superintendent of the facility in which the\n\nresident resides.\n\nIn all cases, a qualified relative or other qualified adult\n\nshall have priority over the Department of Human Services for\n\nappointment as a guardian.\n\n2. The appointment of a guardian ad litem shall be as guardian\n\nad litem of the person only of the resident, and the court shall set\n\nforth in its appointment order the specific powers and duties of the\n\nguardian ad litem. The guardian ad litem shall not change the place\n\nof residence of the resident unless authorized by the court.\n\n3. The guardian ad litem may serve without bond.\n\nE. The Department of Human Services may provide assistance to\n\nresidents and former residents of the institutions named in Section\n\n1406 of this title as necessary to assure compliance with the\n\nrequirements of subsection B of this section, including filing a\n\npetition to have a guardian of the person appointed for the\n\nresident.\n\nF. The superintendent of the institution shall have the custody\n\nof any resident during the time the resident remains in the\n\ninstitution and shall be responsible for the care, treatment, and\n\neducation of the resident during the time the resident remains in\n\nthe institution.","path":["OK Code","Title 10"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2fc108d682de90fe01a841a7bcba47c3b2a18d59b01907b49d33eac8a45c1f18","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-1414.1","next":"us-ok/okla.-stat.-tit.-10-10-1415.1"},"notice":"GroundRules: Original legal text. Not legal advice."}