{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-4-709","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-4-709","heading":"Permanent guardianship","body":"A. The court may establish a permanent guardianship between a\n\nchild and a relative or other adult if the guardianship is in the\n\nchild's best interests and all of the following conditions are\n\nsubstantially satisfied:\n\n1. The child has been adjudicated to be a deprived child;\n\n2. The parent has:\n\na. consented to the guardianship,\n\nb. had his or her parental rights terminated,\n\nc. failed to substantially correct the conditions that\n\nled to the adjudication of the child,\n\nd. been adjudicated as incompetent or incapacitated by a\n\ncourt,\n\ne. abandoned the child,\n\nf. failed to be identified or has not been located\n\ndespite reasonably diligent efforts to ascertain the\n\nwhereabouts of the parent, or\n\ng. died;\n\n3. The child consents to the guardianship if the court finds\n\nthe child to be of sufficient intelligence, understanding, and\n\nexperience to provide consent;\n\n4. Termination of the parent's rights is either not legally\n\npossible or not in the best interests of the child or adoption is\n\nnot the permanency plan for the child;\n\n5. The child and the prospective guardian do not require\n\nprotective supervision or preventive services to ensure the\n\nstability of the guardianship;\n\n6. The prospective guardian is committed to providing for the\n\nchild until the child reaches the age of majority and to preparing\n\nthe child for adulthood and independence;\n\n7. The prospective guardian agrees not to return the child to\n\nthe care of the person from whom the child was removed nor to allow\n\nvisitation without the approval of the court; and\n\n8. The child has been residing or placed with the proposed\n\nguardian for at least the six (6) preceding months or the permanent\n\nguardian is a relative with whom the child has a relationship.\n\nB. In proceedings for permanent guardianship, the court shall\n\ngive primary consideration to the physical and behavioral health\n\nneeds of the child.\n\nC. A permanent guardianship pursuant to subsection A of this\n\nsection shall not be permitted if:\n\n1. The prospective guardian would be denied placement as a\n\nprospective foster or adoptive parent pursuant to subsection C of\n\nSection 1-4-705 of this title;\n\n2. The prospective guardian is subject to the Oklahoma Sex\n\nOffenders Registration Act or living with an individual subject to\n\nthe Oklahoma Sex Offenders Registration Act; or\n\n3. The prospective guardian is the parent of the child and has\n\nhad his or her parental rights terminated.\n\nD. Unless otherwise set forth in the final order of permanent\n\nguardianship, a permanent guardian is vested with all of the rights\n\nand responsibilities as set forth in Title 30 of the Oklahoma\n\nStatutes relating to the powers and duties of a guardian of a minor,\n\nother than those rights and responsibilities retained by the child's\n\nparent, if any, that are set forth in the decree of permanent\n\nguardianship.","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":"68d988719f10e5f6cbd39c146a611592ac29d89f6158132e3cffb9cb1e176db5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-4-708","next":"us-ok/okla.-stat.-tit.-10a-10a-1-4-710"},"notice":"GroundRules: Original legal text. Not legal advice."}