{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-4-710","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-4-710","heading":"Motion for permanent guardianship – Notice – Home","body":"study – Findings – Visitation – Guardianship review.\n\nA. The district attorney or child's attorney shall file a\n\nmotion for permanent guardianship with the juvenile court in the\n\ndeprived case. The motion shall be verified by the prospective\n\nguardian and shall include the following:\n\n1. The name, gender, and date of birth of the child;\n\n2. The facts and circumstances supporting the grounds for\n\npermanent guardianship;\n\n3. The name and address of the prospective guardian and a\n\nstatement that the prospective guardian agrees to accept the duties\n\nand responsibilities of guardianship;\n\n4. The relationship of the child to the prospective guardian;\n\n5. That the prospective guardian understands that the\n\nguardianship is intended to be permanent in nature and that the\n\nperson will be responsible as the guardian until the child reaches\n\nthe age of majority;\n\n6. Whether the child has resided with the prospective guardian\n\nprior to the motion being filed, and, if so, the length of time and\n\nthe circumstances surrounding the child's stay; and\n\n7. Whether there exists a loving, emotional tie between the\n\nchild and the prospective guardian.\n\nB. Notice of the hearing as well as a copy of the motion shall\n\nbe served upon the parties, the Department of Human Services, and\n\nthe guardian ad litem of the child, if any. Notice shall also be\n\nsent to the tribe of an Indian child as defined by the federal\n\nIndian Child Welfare Act. Service shall not be required on the\n\nparent whose rights have been previously terminated.\n\nC. 1. When the child is in the custody of the Department, the\n\nDepartment shall cause a home study of the proposed guardian's home\n\nto be completed and provide a report to the court regarding the\n\nsuitability of the proposed guardian and whether guardianship is in\n\nthe best interest of the child. The Department shall promulgate\n\nrules in furtherance of the duties imposed by this subsection.\n\nHowever, the prospective guardian shall be responsible to obtain the\n\nhome study if the child is not in the custody of the Department.\n\n2. The findings of the home study shall be set forth in a\n\nwritten report provided to the court, the district attorney, the\n\nchild, and the guardian ad litem, if any, before the hearing. The\n\ncourt may require additional information as necessary to make an\n\nappropriate decision regarding the permanent guardianship.\n\nD. 1. Before issuing an order of permanent guardianship, the\n\ncourt shall find by clear and convincing evidence all of the\n\nfollowing:\n\na. the factual basis for establishing parental unfitness\n\nor unavailability to provide adequate care for the\n\nchild,\n\nb. termination of the rights of the parent is either not\n\nlegally possible or not in the best interests of the\n\nchild, or adoption is not the permanency plan for the\n\nchild,\n\nc. the child has resided with the permanent guardian for\n\nat least six (6) months, or the permanent guardian is\n\na relative with whom the child has a relationship,\n\nd. a permanent guardianship is in the best interests of\n\nthe child, and\n\ne. the proposed permanent guardian:\n\n(1) is emotionally, mentally, physically, and\n\nfinancially suitable to become the permanent\n\nguardian,\n\n(2) has expressly committed to remain the permanent\n\nguardian for the duration of the child's\n\nminority, and\nhe permanent guardian is\n\na relative with whom the child has a relationship,\n\nd. a permanent guardianship is in the best interests of\n\nthe child, and\n\ne. the proposed permanent guardian:\n\n(1) is emotionally, mentally, physically, and\n\nfinancially suitable to become the permanent\n\nguardian,\n\n(2) has expressly committed to remain the permanent\n\nguardian for the duration of the child's\n\nminority, and\n\n(3) has expressly demonstrated a clear understanding\n\nof the financial implications of becoming a\n\npermanent guardian.\n\n2. A decree of permanent guardianship divests the parents of\n\nlegal custody or guardianship of the child, but is not a termination\n\nof parental rights.\n\nE. Upon finding that grounds exist for a permanent\n\nguardianship, the court may also order visitation with the parent,\n\nsiblings, or other relatives of the child if such contact would be\n\nin the child's best interests as well as any other provision\n\nnecessary to provide for the child's continuing safety and well-\n\nbeing. The court shall order the parents to contribute to the\n\nsupport of the child pursuant to child-support guidelines as\n\nprovided for in Sections 118 and 119 of Title 43 of the Oklahoma\n\nStatutes.\n\nF. 1. An order appointing a permanent guardian shall:\n\na. require that the placement be reviewed within one (1)\n\nyear after transfer, and may require the permanent\n\nguardian to submit any records or reports the court\n\ndeems necessary for purposes of such review,\n\nb. divest the Department of legal custody and supervision\n\nof the child and the Department shall have no further\n\nresponsibility for the custody or supervision of the\n\nchild,\n\nc. not require periodic reviews by the court thereafter\n\nif the parties agree with the assent of the court that\n\nthe reviews are not necessary to serve the best\n\ninterests of the child, unless periodic reviews are\n\notherwise required by the court.\n\n2. Unless periodic reviews are required, the court may close\n\nthe case, provided the order of permanent guardianship shall remain\n\nin full force and effect subject to the provisions of this Code and:\n\na. shall remain in full force and effect and shall\n\ncontrol over any custody or child support order\n\nentered in an administrative or district court action\n\ninitiated prior to or during the pendency of the\n\ndeprived action until it is modified by a subsequent\n\norder of the district court, and\n\nb. may be docketed and filed in the prior existing or\n\npending administrative or district court action;\n\nprovided, however, if there is no administrative or\n\ndistrict court action then in existence, the surviving\n\norder may be used as the sole basis for opening a new\n\nadministrative or district court action in the same\n\ncounty where the deprived action was pending or in the\n\ncounty where the permanent guardian of the child\n\nresides. When applicable, the clerk of the juvenile\n\ncourt shall transmit the surviving order to the clerk\n\nof the district court of the county where the order is\n\nto be filed along with the names and last-known\n\naddresses of the parents of the child. The clerk of\n\nthe district court shall immediately upon receipt open\n\na file without a filing fee, assign a new case number\n\nand, when applicable, file the order and send by\n\nfirst-class mail a copy of the order with the new or\n\nprior existing case number back to the juvenile court\n\nand to the parents of the child at their last-known\n\naddress. The order shall not be confidential and may\n\nbe enforced or modified after being docketed and filed\n\nin the prior existing or new administrative or\n\ndistrict court action.","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":"8fa000d422898d876e2b6111029efb47295b9b3a136aa27faa0a1d3880c96bfb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-4-709","next":"us-ok/okla.-stat.-tit.-10a-10a-1-4-711"},"notice":"GroundRules: Original legal text. Not legal advice."}