{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-4-204","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-4-204","heading":"Placement preferences","body":"A. 1. When awarding custody or determining the placement of a\n\nchild, a preference shall be given to relatives and persons who have\n\na kinship relationship with the child. The Department of Human\n\nServices shall make diligent efforts to place the child with such\n\npersons and shall report to the court the efforts made to secure\n\nthat placement. In cases where the Indian Child Welfare Act\n\napplies, the placement preferences of the act shall be followed.\n\nThe Department shall verify applicability of the Indian Child\n\nWelfare Act within three (3) months of the child being taken into\n\ncustody.\n\n2. When two or more children are siblings, every reasonable\n\nattempt shall be made to place the siblings in the same home, except\n\nas provided in paragraph 3 of this subsection. In making a\n\npermanent placement, siblings shall be placed in the same permanent\n\nhome or, if the siblings are separated, shall be allowed contact or\n\nvisitation with each other; provided, however, the best interests of\n\neach sibling shall be the standard for determining the appropriate\n\ncustodian or placement as well as the contact and visitation with\n\nthe other siblings.\n\n3. Siblings may be separated if the court and the Department\n\nfind that placement of siblings together would be contrary to the\n\nsafety or well-being of any of the siblings, and:\n\na. one sibling has resided in a foster family home for\n\nsix (6) or more months and has established a\n\nrelationship with the foster family,\n\nb. the siblings have never resided in the same home\n\ntogether,\n\nc. there is no established relationship between the\n\nsiblings, or\n\nd. it is in the best interests of the child to remain in\n\nthe current foster family home placement.\n\nB. In determining the appropriate custodian or placement for a\n\nchild pursuant to subsection A of this section, the court and the\n\nDepartment shall consider, but not be limited to, the following\n\nfactors:\n\n1. The ability of the person being considered to provide safety\n\nfor the child, including a willingness to cooperate with any\n\nrestrictions placed on contact between the child and others, and to\n\nprevent others from influencing the child in regard to the\n\nallegations of the case;\n\n2. The ability of the person being considered to support the\n\nefforts of the Department to implement the permanent plan for the\n\nchild;\n\n3. The ability of the person being considered to meet the\n\nchild's physical, emotional, and educational needs, including the\n\nchild's need to continue in the same school or educational\n\nplacement;\n\n4. The person who has the closest existing personal\n\nrelationship with the child if more than one person requests\n\nplacement of the child pursuant to this section;\n\n5. The ability of the person being considered to provide a\n\nplacement for the child's sibling who is also in need of placement\n\nor continuation in substitute care;\n\n6. The wishes of the parent, the relative, and the child, if\n\nappropriate;\n\n7. The ability of the person being considered to care for the\n\nchild as long as is necessary and to provide a permanent home if\n\nnecessary; and\n\n8. The best interests of the child.\n\nC. 1. The Department of Human Services shall consider\n\nplacement with a relative without delay and shall identify relatives\n\nof the child and notify them of the need for temporary placement and\n\nthe possibility of the need for a permanent out-of-home placement of\n\nthe child. The relative search shall be reasonable and\n\ncomprehensive in scope and may continue until a fit and willing\n\nrelative is identified; however, a nationwide relative search shall\n\nbe conducted by the Department within three (3) months of the child\n\nbeing taken into custody.\n\n2. The relatives shall be notified of the need to keep the\n\nDepartment informed of their current address in order to receive\n\nnotice when a permanent out-of-home placement is being sought for\ne and may continue until a fit and willing\n\nrelative is identified; however, a nationwide relative search shall\n\nbe conducted by the Department within three (3) months of the child\n\nbeing taken into custody.\n\n2. The relatives shall be notified of the need to keep the\n\nDepartment informed of their current address in order to receive\n\nnotice when a permanent out-of-home placement is being sought for\n\nthe child. A relative who fails to provide a current address may\n\nforfeit the right to be considered for the child's permanent out-of-\n\nhome placement.\n\n3. A decision by a relative to not participate in the child's\n\nplacement planning at the beginning of the case or to cooperate with\n\nthe Department to expedite procedures for placement of the child in\n\nthe child's home may affect whether that relative will be considered\n\nfor permanent placement of the child if the child cannot be safely\n\nreturned to the home of the child's parent or parents.\n\nD. The Department, while assessing the relatives for the\n\npossibility of placement, shall be authorized to disclose to the\n\nrelative, as appropriate, the fact that the child is in custody, the\n\nalleged reasons for the custody, and the projected date for the\n\nchild's return home or other permanent placement as well as any\n\nother confidential information deemed necessary and appropriate to\n\nsecure a suitable placement.\n\nE. Following an initial placement with a relative, whenever a\n\nnew placement of the child is made, consideration for placement\n\nshall again be given as described in this section to approved\n\nrelatives who will fulfill the reunification or permanent plan\n\nrequirements of the child. The Department shall consider whether\n\nthe relative has established and maintained a relationship with the\n\nchild.\n\nF. If the child is not placed with a relative who has been\n\nconsidered for placement pursuant to this section, the Department\n\nshall advise the court, in writing, the reasons why that relative\n\nwas denied and the written reasons shall be made a part of the court\n\nrecord.\n\nG. The provisions of this section shall apply to all custody or\n\nplacement proceedings which concern a child alleged or adjudicated\n\nto be deprived including, but not limited to, guardianship and\n\nadoption proceedings.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ebbf2a852fcd4effbccc79a462b50ee4cb4bb4cb144f19263bc7d6a4f3594a94","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-4-203","next":"us-ok/okla.-stat.-tit.-10a-10a-1-4-205"},"notice":"GroundRules: Original legal text. Not legal advice."}