{"data":{"id":"us-ok/okla.-stat.-tit.-30-30-2-101","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 30, § 30-2-101","heading":"When guardian of minor to be appointed - Petition -","body":"Notice.\n\nA. The court of each county, when it appears necessary or\n\nconvenient, may appoint guardians for the persons and estates, or\n\neither, or both of them, of minors. When appointing guardians,\n\npreference shall be given to relatives and persons who have a\n\nkinship relationship with the minor.\n\nB. Such appointment may be made on the verified petition of a\n\nrelative or other person in behalf of such minor.\n\nC. 1. Before making the appointment, the court may receive an\n\ninvestigation and report regarding the background and home of the\n\nprospective guardian. The investigation and report of the\n\nprospective guardian and placement restrictions and requirements\n\nshall be made pursuant to the requirements of the Oklahoma Adoption\n\nCode. In determining whether to require a home study pursuant to\n\nthe provisions of this paragraph, the court shall balance the need\n\nfor a home study to protect the best interests of the minor with the\n\nability of the prospective guardian to pay for the home study.\n\n2. a. Costs of the home study shall be assessed against any\n\nprivate child-placing agency having custody of the\n\nchild, or the person having legal custody of the child\n\nor the prospective guardians of the child.\n\nb. (1) For any child in the custody of the Department of\n\nHuman Services or the Office of Juvenile Affairs,\n\nthe applicable Department shall conduct or\n\nprovide for the home study for such child as\n\nrequired by the Oklahoma Children’s Code or the\n\nOklahoma Juvenile Code.\n\n(2) The Department of Human Services or the Office of\n\nJuvenile Affairs shall not be required by any\n\ncourt to conduct or provide for a home study and\n\nreport to the court on guardianship placements\n\nfor any child that is not in the custody of\n\neither Department.\n\n3. An order appointing a guardian of the minor who has a parent\n\nliving or other person legally responsible for the child shall\n\ncomply with the provisions of Section 2-108 of this title.\n\n4. Except in the case of an emergency guardianship placement,\n\nthe court shall receive a background check for a prospective\n\nguardian and all other household members eighteen (18) years of age\n\nand older, consisting of a review of a national fingerprint-based\n\ncriminal background check or an Oklahoma State Bureau of\n\nInvestigation name-based criminal history background check, a search\n\nof the Department of Corrections’ files maintained pursuant to the\n\nSex Offenders Registration Act, and a search of the child abuse and\n\nneglect information system (CANIS) maintained for review by\n\nauthorized entities by the Department of Human Services. The\n\nDepartment may charge a fee not to exceed Thirty-five Dollars\n\n($35.00) for each search performed pursuant to this paragraph. In\n\nthe case of an emergency placement, the court may waive the\n\nrequirement for a CANIS search if it cannot be obtained in a\n\nreasonable time and the court determines that it is in the minor’s\n\nbest interest that the CANIS search be waived.\n\nD. In addition, before making the appointment, the court must\n\ncause notice of the hearing on the petition for appointment of a\n\nguardian for a minor to be given in the form required by the court\n\nto the minor if the minor has attained the age of fourteen (14) as\n\nof the date the petition is filed. The court shall also cause\n\nnotice to be sent to the following persons:\n\n1. The then-living parents of the minor and any other person\n\nhaving custody of the minor, if such parent or person is not one of\n\nthe petitioners;\n\n2. If the minor has no then-living parent, then to one of the\n\nthen-living grandparents who is not one of the petitioners and who\n\nis not married to one of the petitioners; and\n\n3. If there is no such then-living grandparent or if there is\n\nno such then-living grandparent whose address is known to the\n\npetitioner, then notice shall be given to an adult relative, if any,\nGuardian and Ward Page 20\n\n2. If the minor has no then-living parent, then to one of the\n\nthen-living grandparents who is not one of the petitioners and who\n\nis not married to one of the petitioners; and\n\n3. If there is no such then-living grandparent or if there is\n\nno such then-living grandparent whose address is known to the\n\npetitioner, then notice shall be given to an adult relative, if any,\n\nof the minor residing in the county in which the petition was filed.\n\nE. Such notice shall be mailed to each person entitled to\n\nnotice pursuant to this section, at that person’s address as last-\n\nknown to the petitioner, at least ten (10) days prior to the date\n\nset by the court for hearing on the petition. Provided, the court\n\nmay direct a shorter notice period if the court deems such shorter\n\nnotice period to be appropriate under the circumstances. If there\n\nis no person other than the minor who is entitled to notice, or if\n\nthe address of any person, other than the minor, who is entitled to\n\nnotice is not known to the petitioner, the petition shall so allege.\n\nThe court may direct that notice, other than notice to the minor if\n\nthe minor has attained the age of fourteen (14), be waived or be\n\ngiven to any person or persons other than the minor in such manner\n\nas the court determines and directs.\n\nR.L. 1910, § 6522. Amended by Laws 1953, p. 244, § 64; Laws 1969,\n\nc. 302, § 27, eff. Jan. 1, 1970; Laws 1988, c. 329, § 25, eff. Dec.\n\n1, 1988. Renumbered from § 761 of Title 58 by Laws 1988, c. 329, §\n\n134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 19,\n\noperative July 1, 1990; Laws 2004, c. 158, § 1; Laws 2018, c. 196, §\n\n1, eff. Nov. 1, 2018; Laws 2019, c. 401, § 1, eff. Nov. 1, 2019;","path":["OK Code","Title 30"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os30.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a30ce13168a9eac5fcae717d58716c03401c2d89d73eab40a6c71b85606e2589","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-30-30-2","next":"us-ok/okla.-stat.-tit.-30-30-2-102"},"notice":"GroundRules: Original legal text. Not legal advice."}