US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 10.

CHILDREN

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§101.  Presumption of legitimacy.

All children born in wedlock are presumed to be legitimate.

R.L.1910, § 4364.  

§101.1.  Reference to "illegitimate" or "bastard" deemed to refer to "child born out of wedlock".

Wherever reference is made in the Oklahoma Statutes to "illegitimate" or "bastard" it shall be deemed to refer to a "child born out of wedlock."

After the operative date of this act, the term "child born out of wedlock" shall be used in lieu of the terms "illegitimate" or "bastard."

Laws 1974, c. 297, § 7, operative July 1, 1974.  

§101.2.  Children deemed legitimate.

On and after the date this act becomes operative, all children born within the State of Oklahoma shall be legitimate.

Laws 1974, c. 297, § 8, operative July 1, 1974.  

§10-2.  Presumption of paternity.

A.  Except as otherwise provided by Section 215 of Title 84 of the Oklahoma Statutes, a man is presumed to be the natural father of a child for all intents and purposes if:

1.  He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within ten (10) months after the termination of the marriage by death, annulment, declaration of invalidity, divorce or dissolution, or after a decree of separation is entered by a court.  A child born before wedlock becomes legitimate by the subsequent marriage of his parents even if the marriage is, was or could be declared invalid.  Any child born within the ten-month period specified in this subsection which is born during a subsequent marriage to another person shall be presumed to be the legitimate child of that subsequent marriage;

2.  Before the child's birth, he and the child's natural mother have cohabitated and the child is born within ten (10) months after the termination of cohabitation.  As used in this paragraph, the term cohabitation means the dwelling together continuously and habitually of a man and a woman who are in a private conjugal relationship not solemnized as a marriage according to law;

3.  While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child for a period of at least two (2) years;

4.  The United States Immigration and Naturalization Service made or accepted a determination that he was the father of the child at the time of the child's entry into the United States and he had the opportunity at the time of the child's entry into the United States to admit or deny the paternal relationship; or

5.  Statistical probability of paternity is established at ninety-five percent (95%) or more by scientifically reliable genetic tests, including but not limited to blood tests.

B.  The presumption of paternity created pursuant to this section may be disputed pursuant to Section 3 of this title.

R.L. 1910, § 4365.  Amended by Laws 1994, c. 356, § 1, eff. Sept. 1, 1994.

§10-3.  Persons entitled to dispute presumption - Time limit.

A.  The presumption of paternity created pursuant to Section 2 of this title may be disputed only by the husband or wife, the putative father or their descendants.  Paternity may be established pursuant to Section 70 of this title.

B.  If a child is born during the course of the marriage and is reared by the husband and wife as a member of their family without disputing the child's legitimacy for a period of at least two (2) years, the presumption cannot be disputed by anyone.

R.L. 1910, § 4366.  Amended by Laws 1973, c. 91, § 1, emerg. eff. May 1, 1973; Laws 1994, c. 356, § 2, eff. Sept. 1, 1994.

§104.  Support and education.

The parent entitled to the custody of a child must give him support and education suitable to his circumstances.  If the support and education which the parent having custody is able to give are inadequate, the other parent must assist to the extent of his or her ability.

§10-5.  Grandparental visitation rights.

A.  1.  Pursuant to the provisions of this section, any grandparent or grandparents of an unmarried minor child may seek and be granted reasonable visitation rights to the child which visitation rights may be independent of either parent of the child if:

a. the district court deems it to be in the best interest of the child pursuant to subsection D of this section, and

b. there is a showing of parental unfitness or unsuitability or that the child would suffer harm or potential harm without the granting of visitation rights to the grandparent or grandparents of the child, and

c.   (1) an action for divorce, separate maintenance or annulment involving the grandchild's parents is pending before the court,

(2) the grandchild's parents are divorced, separated under a judgment of separate maintenance, or have had their marriage annulled,

(3) the grandchild's parent who is a child of the grandparent is deceased,

(4) except as otherwise provided in subsection B or C of this section, legal custody of the grandchild has been given to a person other than the grandchild's parent, or the grandchild does not reside in the home of a parent of the child,

(5) grandparent had custody of the grandchild pursuant to Section 21.3 of this title, whether or not the grandparent had custody under a court order, and there exists a strong, continuous grandparental relationship between the grandparent and the child,

(6) the grandchild's parent has deserted the other parent for more than one (1) year and there exists a strong, continuous grandparental relationship between the grandparent and the child,

(7) except as otherwise provided in subsection C of this section, the grandchild's parents have never been married, are not residing in the same household and there exists a strong, continuous grandparental relationship between the grandparent and the child,

(8) except as otherwise provided by subsection C of this section, the parental rights of one or both parents of the child have been terminated, and the court determines that there is a strong, continuous relationship between the child and the parent of the person whose parental rights have been terminated, or

(9) at any other time and for such other reason the court deems it to be in the best interests of the child pursuant to subsection D of this section.

2.  The right of visitation to any grandparent of an unmarried minor child shall be granted only so far as that right is authorized and provided by order of the district court.

B.  If one natural parent is deceased and the surviving natural parent remarries, any subsequent adoption proceedings shall not terminate any court-granted grandparental rights belonging to the parents of the deceased natural parent unless the termination of visitation rights is ordered by the court having jurisdiction over the adoption after opportunity to be heard, and the court determines it to be in the best interest of the child.

C.  1.  If the child has been born out of wedlock and the parental rights of the father of the child have been terminated, the parents of the father of such child shall not have a right of visitation authorized by this section to such child unless:

a. the father of such child has been judicially determined to be the father of the child,

b. the court determines that a previous grandparental relationship existed between the grandparent and the child, and

c. the court determines such visitation rights to be in the best interest of the child.

2.  If the child is born out of wedlock and the parental rights of the mother of the child have been terminated, the parents of the mother of such child shall not have a right of visitation authorized by this section to such child unless:

a. the court determines that a previous grandparental relationship existed between the grandparent and the child, and

b. the court determines such visitation rights to be in the best interest of the child.

3.  Except as otherwise provided by this section, the district court shall not grant to any grandparent of an unmarried minor child, visitation rights to that child:

a. subsequent to the final order of adoption of the child; provided however, any subsequent adoption proceedings shall not terminate any prior court-granted grandparental visitation rights unless the termination of visitation rights is ordered by the court after opportunity to be heard and the district court determines it to be in the best interest of the child, or

b. if the child had been placed for adoption prior to attaining six (6) months of age.

D.  1.  In determining the best interest of the minor child, the court shall consider and, if requested, shall make specific findings of fact related to the following factors:

a. the needs of and importance to the child for a continuing relationship with the grandparent and the age and reasonable preference of the child pursuant to Section 113 of Title 43 of the Oklahoma Statutes,

b. the willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents,

c. the length, quality and intimacy of the prior relationship between the child and the grandparent,

d. the love, affection and emotional ties existing between the parent and child,

e. the motivation and efforts of the grandparent to establish a relationship with the grandchild,

f. the motivation of parent or parents denying visitation,

g. the mental and physical health of the grandparent or grandparents,

h. the mental and physical health of the child,

i. the mental and physical health of the parent or parents,

j. whether the child is in a permanent, stable, satisfactory family unit and environment,

k. the moral fitness of the parties,

l. the character and behavior of any other person who resides in or frequents the homes of the parties and such person's interactions with the child,

m. the quantity of visitation time requested and the potential adverse impact the visitation will have on the child's customary activities,

n. if both parents are dead, the benefit in maintaining an extended relationship, and

o. such other factors as are necessary in the particular circumstances.

2.  For purposes of this subsection:

a. "harm or potential harm" means a showing that without court-ordered visitation by the grandparent, the child's emotional, mental or physical well-being could reasonably or would be jeopardized, and

b. "parental unfitness or unsuitability" includes, but is not limited to, a showing that a parent of the child or a person residing with the parent:

(1) has a chemical or alcohol dependency, for which treatment has not been sought or for which treatment has been unsuccessful,

(2) has a history of violent behavior or domestic abuse,

(3) has an emotional or mental illness that demonstrably impairs judgment or capacity to recognize reality or to control behavior,

(4) has been shown to have failed to provide the child with proper care, guidance and support to the actual detriment of the child.  The provisions of this division include, but are not limited to, parental indifference and parental influence on his or her child or lack thereof that exposes such child to unreasonable risk, or

(5) demonstrates conduct or condition which renders him or her unable or unwilling to give a child reasonable parental care.  Reasonable parental care requires, at a minimum, that the parent provides nurturing and protection adequate to meet the child's physical, emotional and mental health.

The determination of parental unfitness or unsuitability pursuant to this subparagraph shall not be that which is equivalent for the termination of parental rights.

E.  1.  The district courts are vested with jurisdiction to issue orders granting grandparental visitation rights and enforce such visitation rights, upon the filing of a verified application for such visitation rights or enforcement thereof.  Notice as ordered by the court shall be given to the person or parent having  custody of the child and the venue of such action shall be in the county of the residence of such person or parent.

2.  When a grandparent of a child has been granted visitation rights pursuant to this section and those rights are unreasonably denied or otherwise unreasonably interfered with by any parent of the child, the grandparent may file with the court a motion for enforcement of visitation rights.  Upon filing of the motion, the court shall set an initial hearing on the motion.  At the initial hearing, the court shall direct mediation and set a hearing on the merits of the motion.

3.  After completion of any mediation pursuant to paragraph 2 of this subsection, the mediator shall submit the record of mediation termination and a summary of the parties' agreement, if any, to the court.  Upon receipt of the record of mediation termination, the court shall enter an order in accordance with the parties' agreement, if any.

4.  Notice of a hearing pursuant to paragraph 2 or 3 of this subsection shall be given to the parties at their last-known address or as otherwise ordered by the court, at least ten (10) days prior to the date set by the court for hearing on the motion.  Provided, the court may direct a shorter notice period if the court deems such shorter notice period to be appropriate under the circumstances.

5.  Appearance at any court hearing pursuant to this subsection shall be a waiver of the notice requirements prior to such hearing.

6.  If the court finds that visitation rights of the grandparent have been unreasonably denied or otherwise unreasonably interfered with by the parent, the court shall enter an order providing for one or more of the following:

a. a specific visitation schedule,

b. compensating visitation time for the visitation denied or otherwise interfered with, which time may be of the same type as the visitation denied or otherwise interfered with, including but not limited to holiday, weekday, weekend, summer, and may be at the convenience of the grandparent,

c. posting of a bond, either cash or with sufficient sureties, conditioned upon compliance with the order granting visitation rights,

d. assessment of reasonable attorney fees, mediation costs, and court costs to enforce visitation rights against the parent, or

e. any other remedy the court considers appropriate.

7.  If the court finds that the motion for enforcement of visitation rights has been unreasonably filed or pursued by the grandparent, the court may assess reasonable attorney fees, mediation costs, and court costs against the grandparent.

F.  In addition to any other remedy authorized by this section or otherwise provided by law, any party violating an order of the court made pursuant to this section, upon conviction thereof, shall be guilty of contempt of court.

G.  Any transportation costs or other costs arising from any visitation ordered pursuant to this section shall be paid by the grandparent or grandparents requesting such visitation.

H.  In any action for grandparental visitation pursuant to this section, the court may award attorney fees and costs, as the court deems equitable.

I.  For the purposes of this section, the term "grandparent" shall include "great-grandparent".

R.L. 1910, § 4368.  Amended by Laws 1971, c. 82, § 1, emerg. eff. April 26, 1971; Laws 1975, c. 185, § 1, emerg. eff. May 23, 1975; Laws 1978, c. 71, § 1; Laws 1981, c. 273, § 1; Laws 1984, c. 82, § 1, emerg. eff. April 4, 1984; Laws 1989, c. 211, § 1, eff. Nov. 1, 1989; Laws 1990, c. 206, § 1, emerg. eff. May 14, 1990; Laws 1996, c. 297, § 20, emerg. eff. June 10, 1996; Laws 1997, c. 389, § 19, eff. Nov. 1, 1997; Laws 1999, c. 383, § 1, eff. Nov. 1, 1999; Laws 2000, c. 246, § 1, eff. Nov. 1, 2000; Laws 2003, c. 268, § 1, eff. Nov. 1, 2003.

§105.1.  Death of custodial parent  Custody of child.

The question of custody of a minor child upon the death of the custodial parent shall always be based upon what is in the best interests of the minor child.

Laws 1981, c. 107, § 2, emerg. eff. April 24, 1981.  

§105.2.  Certain information and records to be available to both custodial and noncustodial parent.

Any information or any record relating to a minor child which is available to the custodial parent of the child, upon request, shall also be provided the noncustodial parent of the child. Provided, however, that this right may be restricted by the court, upon application, if such action is deemed necessary in the best interests of the child.  For the purpose of thissection, "information" and "record" shall include, but not be limited to, information and records kept by the school, physician and medical facility of the minor child.

Added by Laws 1982, c. 99, § 1, operative Oct. 1, 1982.  

§10-5A.  Visitation rights of siblings.

A.  Upon the death of a parent of an unmarried minor child, a parent of the unmarried minor child or a parent of a minor sibling of the unmarried minor child may file a verified petition to commence an action requesting rights of visitation between the siblings.  The court may award reasonable rights of visitation between the siblings if the court determines that visitation is in the best interests of the siblings.

B.  In determining whether visitation is in the best interests of the siblings, the court shall consider:

1.  The willingness of the parents of the siblings to encourage or maintain a relationship between the siblings;

2.  The length and quality of the relationship between the siblings including, but not limited to, whether the siblings previously resided together in the same household;

3.  The time which has elapsed since the siblings last had contact;

4.  The preference of the siblings, if they are of sufficient maturity to express a preference;

5.  The effect that visitation will have on the relationship between the siblings and their parents;

6.  The mental and physical health of the siblings; and

7.  All other factors appropriate to the particular circumstances.

C.  The district courts are vested with jurisdiction to issue orders granting visitation between siblings and to enforce these orders.

D.  Notice as required by Section 2004 of Title 12 of the Oklahoma Statutes shall be given to all parents of the siblings.

E.  Venue of an action under this section shall be in the county where the siblings reside or, if the siblings reside in different counties, in the county where the respondent resides.

F.  The court may determine the location for visitation ordered pursuant to this section and require any transportation costs or other costs arising from visitation to be paid by a parent or parents of the siblings as the court deems equitable.

G.  Any visitation rights granted pursuant to this section before the adoption of a sibling shall automatically terminate if the sibling is adopted by a person other than a stepparent or grandparent of the sibling.

H.  In any action for sibling visitation pursuant to this section, the court may award attorney fees and costs, as the court deems equitable.

I.  As used in this section:

1.  "Sibling" means sister, brother, stepsister, stepbrother, halfsister, halfbrother, adopted sister, or adopted brother; and

2.  "Parent" means biological parent, stepparent, adoptive parent, or legal guardian of a minor.

Added by Laws 1999, c. 383, § 2, eff. Nov. 1, 1999.

§106.  Custody of child born out of wedlock.

Except as otherwise provided by law, the mother of an unmarried minor child born out of wedlock is entitled to the care, custody, services and earnings and control of such minor.

R.L.1910, § 4369.  

§106.5.  Use of certain words in reference to children born out of wedlock prohibited.

A.  On and after the date upon which this act becomes operative, the designations "illegitimate" or "bastard" shall not be used to designate a child born out of wedlock.

B.  No person, firm, corporation, agency, organization, the State of Oklahoma nor any of its agencies, boards, commission officers or political subdivisions, nor any hospital, nor any institution supported by public funds, nor any employee of any of the above, shall use the term "illegitimate" or "bastard" in referring to or designating any child born on or after the operative date of this act.

Laws 1974, c. 297, § 1, operative July 1, 1974.  

§107.  Allowance out of child's property for support and education.

The district court may direct an allowance to be made to a parent of a child out of its property, for its past or future support and education, on such conditions as may be proper whenever such direction is for its benefit.

R.L.1910, § 4370.  

§10-8.  Parent without control over child's property.

The parent as such, has no control over the property of the child.

R.L. 1910, § 4371.

§109.  Abuse of parental authority  Civil action.

The abuse of parental authority is the subject of judicial cognizance in a civil action in the district court brought by the child or any grandparent on the child's behalf, or by its relatives within the third degree of consanguinity or affinity, or by the officers of the poor where the child resides or by any foster parent of the child or any person who has been a foster parent of the child; and when the abuse is established, the child may be freed from the dominion of the parent, and the duty of support and education enforced.

R.L.1910, § 4372; Laws 1991, c. 296, § 26, eff. Sept. 1, 1991.

§1010.  Cessation of parent's authority.

The authority of a parent ceases:

1.  Upon the appointment by a court of a guardian of the person of the child.

2.  Upon the marriage of the child, or,

3.  Upon its attaining majority.

R.L.1910, § 4373.  

§1011.  Public action for support of deceased parent's child.

If a parent chargeable with the support of a child dies, leaving it chargeable upon the township or county, and leaving an estate sufficient for its support, the officers of the poor, in the name of the township or county respectively, may claim provision for its support from the parent's estate by civil action, and for this purpose may have the same remedies as any creditors against that estate, and against the heirs, devisees, and the next of kin to the parent.

R.L.1910, § 4374.  

§1012.  Maintenance of poor persons by parents  Limitations  Promise of adult child to pay for necessaries.

It is the duty of the father and the mother of any poor person who is unable to maintain himself by work, to maintain such person to the extent of their ability.  Provided, that the liability of a parent to an institution, nursing home, intermediate care facility, or other resident facility for the care or maintenance of any such poor person shall not be excessive and shall not cause undue financial hardship upon said parent.  Provided further, that the provisions of this section shall not apply to charges for care provided by institutions of the Department of Mental Health and Substance Abuse Services or to charges for care provided by Department of Mental Health and Substance Abuse Services outpatient facilities, including the alcohol and drug programs.  The promise of an adult child to pay for necessaries previously furnished to a parent is binding.

Amended by Laws 1983, c. 128, § 1, operative July 1, 1983; Laws 1990, c. 51, § 1, emerg. eff. April 9, 1990.

§1013.  Parent's liability for value of child's necessaries.

If a parent neglects to provide articles necessary for his child who is under his charge, according to his circumstances, a third person may in good faith supply such necessaries and recover the reasonable value thereof from the parent.

R.L.1910, § 4376.  

§1014.  Compensation for support of child.

A parent is not bound to compensate the other parent or a relative for the voluntary support of his child without an agreement for compensation, nor to compensate a stranger for the support of a child who has abandoned the parent without just cause.

R.L.1910, § 4377.  

§1015.  Support of stepchildren.

A husband is not bound to maintain his wife's children by a former husband; but if he receives them into his family and supports them, it is presumed that he does so as a parent, and where such is the case, they are not liable to him for their support, nor he to them for their services.

R.L.1910, § 4378.  

§1016.  Services and support after majority.

Where a child, after attaining majority, continues to serve and to be supported by the parent, neither party is entitled to compensation in the absence of an agreement therefor.

R.L.1910, § 4379.  

§1017.  Relinquishment of rights by parent.

The parent, whether solvent or insolvent, may relinquish to the child the right of controlling him and receiving his earnings. Abandonment by the parent is presumptive evidence of such relinquishment.

R.L.1910, § 4380.  

§10-17.1.  Assignment by parent to child of right to recover for injury to child.

The parent or parents having the right to recover damages for an injury to a minor child may assign to said child their right to recover said damages, and where the parent or parents of a minor child bring an action as guardian or guardian ad litem or next friend on behalf of said child and ask for a judgment for him for damages to which said parent or parents are entitled, said parent or parents will be deemed to have assigned to the minor child their right to recover such damages.  Any damages recovered pursuant to this section shall be disposed of in the same manner as provided by Section 83 of Title 12 of the Oklahoma Statutes.

Added by Laws 1977, c. 138, § 1, eff. Oct. 1, 1977.  Transferred from § 244 of Title 12.

§1018.  Payment of minor's wages.

The wages of a minor employed in service may be paid to him until the parent or guardian entitled thereto gives the employer notice that he claims such wages.

R.L. 1910 Sec. 4381.

§1019.  Parent's right to change child's residence.

A parent entitled to the custody of a child has a right to change his residence, subject to the power of the district court to restrain a removal which would prejudice the rights or welfare of the child.

R.L. 1910 Sec. 4382.

§10-20.  Parent or child not answerable for other's act.

Neither parent or child is answerable, as such, for the act of the other, except as otherwise specifically provided by law.

R.L.1910, § 4383.  Amended by Laws 2000, c. 382, § 10, eff. July 1, 2000.

§10-21.  Renumbered as § 109.1 of Title 43 by Laws 1990, c. 188, § 4, eff. Sept. 1, 1990.  (Also renumbered as § 112.1 of Title 43 by Laws 1990, c. 171, § 3, said renumbering is superceded by Laws 1990, c. 188, § 4).

§10-21.1.  Custody or guardianship - Order of preference - Death of custodial parent - Preference of child - Evidence of domestic abuse - Registered sex offenders.

A.  Except as otherwise provided by this section, custody should be awarded or a guardian appointed in the following order of preference according to the best interests of the child to:

1.  A parent or to both parents jointly;

2.  A grandparent;

3.  A person who was indicated by the wishes of a deceased parent;

4.  A relative of either parent;

5.  The person in whose home the child has been living in a wholesome and stable environment including but not limited to a foster parent; or

6.  Any other person deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.

B.  In addition to subsection D of this section, when a parent having custody of a child becomes deceased or when custody of a child is judicially removed from the parent having custody of the child, the court may only deny the noncustodial parent custody of the child or guardianship of the child if:

1.   a. For a period of at least twelve (12) months out of the last fourteen (14) months immediately preceding the determination of custody or guardianship action, the noncustodial parent has willfully failed, refused, or neglected to contribute to the child's support:

(1) in substantial compliance with a support provision or an order entered by a court of competent jurisdiction adjudicating the duty, amount, and manner of support, or

(2) according to such parent's financial ability to contribute to the child's support if no provision for support is provided in a decree of divorce or an order of modification subsequent thereto, and

b. The denial of custody or guardianship is in the best interest of the child;

2.  The noncustodial parent has abandoned the child as such term is defined by Section 7006-1.1 of this title;

3.  The parental rights of the noncustodial parent have been terminated;

4.  The noncustodial parent has been convicted of any crime against public decency and morality pursuant to Title 21 of the Oklahoma Statutes;

5.  The child has been adjudicated deprived pursuant to the Oklahoma Children's Code and the noncustodial parent has not successfully completed a service or treatment plan if required by the court; or

6.  The court finds it would be detrimental to the health or safety of the child for the noncustodial parent to have custody or be appointed guardian.

C.  The court shall consider the preference of the child in awarding custody of the child pursuant to Section 113 of Title 43 of the Oklahoma Statutes.

D.  1.  In every case involving the custody of, guardianship of or visitation with a child, the court shall determine whether any individual seeking custody or who has custody of, guardianship of or visitation with a child:

a. is or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state,

b. has been convicted of a crime listed in the Oklahoma Child Abuse Reporting and Prevention Act or in Section 582 of Title 57 of the Oklahoma Statutes,

c. is an alcohol-dependent person or a drug-dependent person as established by clear and convincing evidence and who can be expected in the near future to inflict or attempt to inflict serious bodily harm to himself or herself or another person as a result of such dependency,

d. has been convicted of domestic abuse within the past five (5) years,

e. is residing with a person who is or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state,  

f. is residing with a person who has been convicted of a crime listed in the Oklahoma Child Abuse Reporting and Prevention Act or in Section 582 of Title 57 of the Oklahoma Statutes, or

g. is residing with a person who has been convicted of domestic abuse within the past five (5) years.

2.  There shall be a rebuttable presumption that it is not in the best interests of the child to have custody, or guardianship granted to:

a. a person who is or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state,

b. a person who has been convicted of a crime listed in the Oklahoma Child Abuse Reporting and Prevention Act or in Section 582 of Title 57 of the Oklahoma Statutes,

c. an alcohol-dependent person or a drug-dependent person as established by clear and convincing evidence and who can be expected in the near future to inflict or attempt to inflict serious bodily harm to himself or herself or another person as a result of such dependency,

d. a person who has been convicted of domestic abuse within the past five (5) years,

e. a person who is residing with an individual who is or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state,  

f. a person who is residing with a person who has been previously convicted of a crime listed in the Oklahoma Child Abuse Reporting and Prevention Act or in Section 582 of Title 57 of the Oklahoma Statutes, or  

g. a person who is residing with a person who has been convicted of domestic abuse within the past five (5) years.

3.  Custody of, guardianship of, or any visitation with a child shall not be granted to any person if it is established that the custody, guardianship or visitation will likely expose the child to a foreseeable risk of material harm.

E.  Except as otherwise provided by the Oklahoma Child Supervised Visitation Program, court-ordered supervised visitation shall be governed by the Oklahoma Child Supervised Visitation Program.

F.  For purposes of this section:

1.  "Alcohol-dependent person" has the same meaning as such term is defined in Section 3-403 of Title 43A of the Oklahoma Statutes;

2.  "Domestic abuse" has the same meaning as such term is defined in Section 60.1 of Title 22 of the Oklahoma Statutes;

3.  "Drug-dependent person" has the same meaning as such term is defined in Section 3-403 of Title 43A of the Oklahoma Statutes; and

4.  "Supervised visitation" means a program established pursuant to Section 5 of this act.

Added by Laws 1983, c. 269, § 2, operative July 1, 1983.  Amended by Laws 1988, c. 238, § 5, emerg. eff. June 24, 1988; Laws 1991, c. 113, § 1, eff. Sept. 1, 1991; Laws 1997, c. 386, § 1, emerg. eff. June 10, 1997; Laws 2001, c. 141, § 1, emerg. eff. April 30, 2001; Laws 2002, c. 445, § 1, eff. Nov. 1, 2002; Laws 2003, c. 3, § 3, emerg. eff. March 19, 2003; Laws 2004, c. 415, § 2, emerg. eff. June 4, 2004.

NOTE:  Laws 2002, c. 413, § 1 repealed by Laws 2003, c. 3, § 4, emerg. eff. March 19, 2003.

§10-21.2.  Definitions.

For purposes of Sections 21.3 and 21.4 of this title:

1.  "Permanent care and custody" means the right and responsibility to exercise continuing general supervision of a child and includes, but is not limited to, the right and responsibility to protect, educate, nurture and to provide the child with food, clothing, shelter, medical care and a supportive environment;

2.  "Abandonment" includes, but is not limited to, a state or condition in which the parent of a child:

a.   (1) if the child is twenty-four (24) months or less, has failed to establish and/or maintain a substantial and positive relationship with the child through visitation or communication with the child placed in the home of a relative related to the child within the third degree for at least six (6) months after placement in the home of such relative, or

(2) if the child is over twenty-four (24) months of age, has failed to establish and/or maintain a substantial and positive relationship with the child through visitation or communication with the child for a period of twelve (12) months out of the last fourteen (14) months while in the home of a relative related to the child within the third degree.

In any case where a father or a putative father of an infant born out of wedlock claims that prior to any action filed to reclaim or recover the child pursuant to Section 21.3 of this title or prior to receipt of notice pursuant to Section 21.5 of this title, he had been denied knowledge of the child by the mother and/or the custodian of the child, such father or putative father shall prove to the satisfaction of the court that he made sufficient attempts to discover if he had fathered the child and made sufficient attempts to establish and/or maintain a substantial and positive relationship with the child prior to the filing of such action or the receipt of such notice.

In any case where a parent of a child claims that prior to the filing of any action to reclaim or recover a child pursuant to Section 21.3 of this title or prior to receipt of notice pursuant to Section 21.5 of this title, such parent had been denied the opportunity to establish and/or maintain a substantial and positive relationship with the child by the custodian of the child, such parent shall prove to the satisfaction of the court that he or she made sufficient attempts to establish and/or maintain a substantial and positive relationship with the child prior to the filing of such action or the receipt of such notice.

Infrequent or token visits or communications shall not be sufficient to establish and/or maintain a substantial and positive relationship with the child, or

b. has for any twelve (12) months out of the last fourteen (14) months of placement of the child in the home of a relative related to the child within the third degree, failed, refused or neglected to contribute to the support of such child:

(1) in substantial compliance with an order entered by a court of competent jurisdiction adjudicating the duty, amount and manner of support, or

(2) according to such parent's financial ability to contribute to such child's support if no provision for support is provided in an order.

In any case where a parent of a child claims that prior to any action filed to reclaim or recover a child pursuant to Section 21.3 of this title or the receipt of notice pursuant to Section 21.5 of this title, the parent had been denied the opportunity to support or contribute to the support of his or her child and otherwise to exercise parental rights and responsibilities with regard to the child as required by this subparagraph, by the custodian of the child, such parent shall prove to the satisfaction of the court that he or she made sufficient attempts to support or contribute to the support of his or her child and to otherwise exercise parental rights and responsibilities as required by this subparagraph prior to the filing of such action or the receipt of such notice.

Infrequent or token payments or payments or provisions by a third party shall not be construed or considered in establishing whether a parent has supported or contributed to the support of the child as required by this subparagraph; and

3.  "Establish and/or maintain a substantial and positive relationship" includes, but is not limited to:

a. frequent and regular contact with the child through frequent and regular visitation and/or frequent and regular communication to or with the child, and

b. the exercise of parental rights and responsibilities.

Added by Laws 1999, c. 396, § 26, emerg. eff. June 10, 1999.  Amended by Laws 2001, c. 434, § 2, emerg. eff. June 8, 2001.

§10-21.3.  Right to custody.

A.  No person, other than an adult relative related to the child within the third degree, may accept the permanent care and custody of a child, except in accordance with a decree of a court of competent jurisdiction or the Oklahoma Children's Code, the Oklahoma Adoption Code, the Oklahoma Guardianship and Conservatorship Act or the Oklahoma Child Care Facilities Licensing Act.

B.  An adult relative related to a child within the third degree may accept the permanent care and custody of the child:

1.  Pursuant to a written relinquishment by a parent or parents of a child acknowledged before a court of competent jurisdiction which identifies the child or children relinquished;

2.  In accordance with the provisions of the Oklahoma Children's Code, the Oklahoma Guardianship and Conservatorship Act, Section 3 of this act or the Oklahoma Adoption Code; or

3.  Without a court order and by operation of law, if the child has been abandoned by a parent or parents of a child in the physical custody of such relative pursuant to the provisions of this section.

C.  1.  A child who has been abandoned in the physical custody of such relative by a parent or parents of the child may not be reclaimed or recovered by the parent or parents who abandoned the child except through order of a court of competent jurisdiction or by release of the child by such relative.

2.  Upon any action to determine custody of the child pursuant to the provisions of this subsection, the court shall base its findings and determination of custody on the best interests of the child and:

a. the duration of the abandonment and integration of the child into the home of the relative,

b. the preference of the child if the child is determined to be of sufficient maturity to express a preference,

c. the mental and physical health of the child, and

d. such other factors as are necessary in the particular circumstances.

3.  During the pendency of any action to determine the custody of a child pursuant to this subsection, unless it is determined not to be in the best interests of the child, the child shall remain in the custody of the relative related to the child within the third degree.

4.  If the court orders the child be returned to the parents of the child, the court may provide for a transitional period for the return in the best interests of the child.

D.  An adult relative related to the child within the third degree accepting permanent care and custody of a child pursuant to this section shall have the same authority as a parent to consent on behalf of a child or on behalf of a parent of the child in all cases except that such relative may not consent to an adoption of the child.

E.  The provisions of this section shall not apply to the acceptance of the permanent care and custody of a child by one parent of the child from the other parent of the child.

Added by Laws 1957, p. 20, § 2.  Amended by Laws 1998, c. 415, § 44, emerg. eff. June 11, 1998.  Renumbered from § 26 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998.  Amended by Laws 1999, c. 396, § 27, emerg. eff. June 10, 1999.  Renumbered from § 7202.1 of this title by Laws 1999, c. 396, § 30, emerg. eff. June 10, 1999.  Amended by Laws 2000, c. 385, § 1, eff. Nov. 1, 2000.

§1021.4.  Authority to surrender, assign, relinquish or otherwise transfer.

A.  No person may surrender, assign, permanently relinquish, or otherwise transfer to another the person's rights and duties with respect to the permanent care and custody of a child, other than to an adult relative related to the child within the third degree, except in accordance with an order of the court of competent jurisdiction or pursuant to the Oklahoma Children's Code, the Oklahoma Adoption Code, the Oklahoma Guardianship and Conservatorship Act or the Oklahoma Child Care Facilities Licensing Act.

B.  A parent or parents of a child may surrender, assign, permanently relinquish or otherwise transfer such parent's rights and duties with respect to the permanent care and custody of a child to an adult relative of the child within the third degree:

1.  Pursuant to a written relinquishment acknowledged before a court of competent jurisdiction which identifies the child or children relinquished;

2.  In accordance with the provisions of the Oklahoma Children's Code, the Oklahoma Guardianship and Conservatorship Act, Section 3 of this act or the Oklahoma Adoption Code; or

3.  Without a court order and by operation of law, by abandoning the child in the physical custody of such relative pursuant to the provisions of this section.

C.  1.  A child who has been abandoned in the physical custody of such relative may not be reclaimed or recovered by the parent or parents who abandoned the child except through order of a court of competent jurisdiction or by release of the child by such relative.

2.  Upon any action to determine custody of the child pursuant to the provisions of this subsection, the court shall base its findings and determination of custody on the best interests of the child and:

a. the duration of the abandonment and integration of the child into the home of the relative,

b. the preference of the child if the child is determined to be of sufficient maturity to express a preference,

c. the mental and physical health of the child, and

d. such other factors as are necessary in the particular circumstances.

3.  During the pendency of any action to determine the custody of a child pursuant to this subsection, unless it is determined not to be in the best interests of the child, the child shall remain in the custody of the relative related to the child within the third degree.

4.  If the court orders the child be returned to the parents of the child, the court may provide for a transitional period for the return in the best interests of the child.

D.  An adult relative related to the child within the third degree accepting permanent care and custody of a child pursuant to this section shall have the same authority as a parent to consent on behalf of a child or on behalf of a parent of the child in all cases except that such relative may not consent to an adoption of the child.

E.  The provisions of this section shall not apply to the surrender, assignment, relinquishment, or other transfer of a child by one parent of the child to the other parent of the child.

Added by Laws 1957, p. 20, § 3.  Amended by Laws 1988, c. 318, § 1, emerg. eff. July 6, 1988; Laws 1998, c. 415, § 45, emerg. eff. June 11, 1998.  Renumbered from § 27 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998.  Amended by Laws 1999, c. 396, § 28, emerg. eff. June 10, 1999.  Renumbered from § 7202.2 of this title by Laws 1999, c. 396, § 30, emerg. eff. June 10, 1999.  Amended by Laws 2000, c. 385, § 2, eff. Nov. 1, 2000.

§10-21.5.  Permanent custody to adult relative within third degree.

A.  1.  A judge of a district court who has juvenile docket responsibility may order a child's permanent care and custody transferred to an adult relative of the child within the third degree pursuant to the provisions of this subsection, upon the written consent of both parents of the child or upon the consent of one parent only if:

a. the other parent is deceased,

b. the other parent has been determined by a court of law to be incompetent or incapacitated,

c. the whereabouts or identity of the other parent is unknown.  This fact shall be attested to by affidavit of the consenting parent,

d. the other parent, who is eighteen (18) years of age or older, has signed a statement consenting to the transfer, executed before a notary public,

e. the parental rights of the other parent have been terminated,

f. the other parent has been or is found by the court of law to be unfit or unable to exercise parental rights and responsibility for the child based upon situations enumerated in Section 7006-1.1 of Title 10 of the Oklahoma Statutes,

g. the other parent is or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state, or

h. the other parent has abandoned the child as such term is defined by Section 21.2 of Title 10 of the Oklahoma Statutes, or is determined by the court to be otherwise unfit to assume custody of the child for any other reason.

2.  To be appointed as a relative guardian for the child, an adult relative related to the child within the third degree must file a petition on a form developed pursuant to the provisions of this section with the judge.

3.  Prior to the entry of an order transferring the custody of a child, the judge shall receive a home study regarding the background and home of the prospective relative guardian by a person qualified by training and experience authorized by the court.

4.  Upon the entry of a court order providing for the transfer of the permanent care and custody of a child, the order shall remain in full force and effect until:

a. the child reaches the age of eighteen (18) years,

b. the child marries or is legally emancipated,

c. the judge finds after evidentiary hearing:

(1) the child has been abused while in the care and custody of the relative, and

(2) it is in the best interests of the child that custody of the child be returned to a parent or the parents or other persons pursuant to the Oklahoma Guardianship and Conservatorship Act, the Oklahoma Children's Code or this section,

d. the parent who consented to the transfer of the care and custody of the child petitions the judge for the recovery of the child and the judge finds after an evidentiary hearing that it is in the best interests of the child that custody of the child be returned to the parents, or custody of the child be given to another person pursuant to the Oklahoma Guardianship and Conservatorship Act, the Oklahoma Children's Code, or the provisions of this section,

e. the attorney for the child or relative guardian petitions the judge for modification of the court order transferring care and custody and the court finds after an evidentiary hearing that it is in the best interests of the child for the order to be modified and the child be returned to the parents or custody of the child be given to another person pursuant to the Oklahoma Guardianship and Conservatorship Act, the Oklahoma Children's Code, or pursuant to the provisions of this section,

f. the child is adopted, or

g. the guardianship is otherwise terminated pursuant to Section 4-803 of Title 30 of the Oklahoma Statutes.

5.  An order providing for the transfer of the permanent care and custody of a child:

a. shall require that the placement be reviewed within one (1) year after transfer and may require the person to whom custody is transferred to submit any records or reports the court deems necessary for purposes of such review,

b. shall not require periodic reviews by the court thereafter if the parties agree with the assent of the court that such reviews are not necessary to serve the best interests of the child,

c. unless periodic reviews are required, may be closed by the judge, provided the order transferring the permanent care and custody of the child shall remain in full force and effect subject to the provisions of paragraph 4 of this subsection, and

d. shall include conditions for the care, treatment, education and welfare of the child.

6.  A court order appointing an adult relative guardian shall award custody of the child to the relative guardian subject only to such parental rights and responsibilities as determined by the judge.  The adult relative guardian of a child shall have the authority as specified by the order to consent on behalf of the child in all cases except that a relative guardian may not consent to an adoption of the child.

B.  1.  A judge of a district court who has juvenile docket responsibility may order a child's permanent care and custody transferred to an adult relative guardian related to the child within the third degree without the consent of the parent or parents pursuant to the provisions of this subsection.

2.  To be appointed as a relative guardian for the child, an adult relative related to the child within the third degree must file a petition on a form developed pursuant to the provisions of this section with the judge.  The petition shall allege that:

a. a parent or the parents of the child have placed the child with the relative pursuant to Sections 21.3 and 21.4 of Title 10 of the Oklahoma Statutes and have abandoned the child,

b. the child is currently residing with the relative and there exists a loving and emotional tie between the child and the relative,

c. the parents of the child are presently and for the foreseeable future unable to provide proper adequate care for the child, are unavailable or their whereabouts are unknown,

d. the child has no assets or limited assets, and

e. it would be in the best interests of the child for the petition to be granted.

3.  Prior to the entry of an order appointing an adult relative guardian, the court shall receive a home study regarding the background and home of the prospective relative guardian by a person qualified by training and experience authorized by the court.

4.  If the judge finds that the elements of the petition have been proven based on a preponderance of the evidence, the judge shall grant the petition.

5.  An order appointing the adult relative related to the child within the third degree as a relative guardian shall award custody of the child to the relative.  The relative guardian shall have the same authority as a parent to consent on behalf of a child in all cases, except that the relative guardian may not consent to an adoption of the child.

6.  Upon the entry of an order and issuance of a relative guardian providing for the transfer of the permanent care and custody of a child to a relative related to the child within the third degree, the court order shall remain in full force and effect until:

a. the child reaches the age of eighteen (18) years,

b. the child is married or is legally emancipated,

c. the judge finds after evidentiary hearing:

(1) the child has been abused while in the care and custody of the relative, and

(2) it is in the best interests of the child that custody of the child be returned to a parent or the parents or other persons pursuant to the Oklahoma Guardianship and Conservatorship Act, the Oklahoma Children's Code or this section,

d. an attorney for the child or the relative petitions the judge for modification of the order transferring permanent care and custody to the relative and the judge finds after an evidentiary hearing that it is in the best interests of the child for the order to be modified and the child returned to the parents or other persons pursuant to the Oklahoma Guardianship and Conversatorship Act, the Oklahoma Children's Code, or this section,

e. the child is adopted, or

f. the guardianship is otherwise terminated pursuant to Section 4-803 of Title 30 of the Oklahoma Statutes.

7.  An order appointing a relative guardian:

a. shall require that the placement be reviewed within one (1) year after transfer and may require the relative guardian to whom custody is transferred to submit any records or reports the court deems necessary for purposes of such review,

b. shall not require periodic reviews by the court thereafter if the parties agree with the assent of the court that such reviews are not necessary to serve the best interests of the child, unless periodic reviews are required by the court,

c. unless periodic reviews are required, may be closed by the judge, provided the order transferring care and custody to a relative guardian shall remain in full force and effect subject to the provisions of paragraph 6 of this subsection, and

d. shall include conditions for the care, treatment, education and welfare of the child.

C.  1.  Before making an appointment pursuant to this section, the court must cause notice of a hearing on the petition for appointment to be given in the form required by the court to the minor, if the minor has attained the age of fourteen (14) as of the date the petition is filed.  The court shall also cause notice to be sent to the thenliving parents of the minor.

2.   a. Such notice shall be mailed to each person, entitled to notice pursuant to this subsection, at that person's address as lastknown to the petitioner, at least ten (10) days prior to the date set by the court for hearing on the petition.  Provided the court may direct a shorter notice period if the court deems such shorter notice period to be appropriate under the circumstances, and

b. If the identity or whereabouts of a parent is unknown, the court must determine whether the parent can be identified or located.  Following an inquiry, if the court finds that the identity or whereabouts of the parent cannot be ascertained, and this fact is attested to by affidavit of the petitioner, it shall order that notice be given by publication.  The notice shall be published once pursuant to the laws relating to the service of notice by publication in the county in which the petition for relative guardianship is filed, and the hearing shall not be held for at least fifteen (15) days after publication of the notice.

D.  After a petition has been filed for a proceeding, pursuant to this section, the petitioner may request the court to issue a temporary order regarding child custody, child support, visitation or other relief proper in the circumstance.

E.  The venue for a proceeding pursuant to this section is in the district court where the child resides.  If the court finds that in the interest of justice a proceeding should be conducted in another court of this state, the court may transfer the proceeding to the other court.

F.  1.  An appointment of a relative guardian made pursuant to this section is subject to only Article 1 of the Oklahoma Guardianship and Conservatorship Act and Sections 4-501, 4-503, 4-706, 4-707, 4-801, 4-802, 4-901 and 4-902 of Title 30 of the Oklahoma Statutes.

2.  If the court determines that it is in the best interests of the child, the court may require the establishment of a guardianship or conservatorship pursuant to Title 30 of the Oklahoma Statutes.

3.  The clerk of the district court in which the application for a relative guardianship is filed shall collect as court costs a fee of Fifty Dollars ($50.00).

G.  1.  Any order appointing a relative guardian of a minor pursuant to this section who has a parent living or legally responsible for the support of the child shall:

a. provide for the payment of child support by the parent, and

b. contain an income assignment provision pursuant to Section 115 of Title 43 of the Oklahoma Statutes.

2.  The provisions of this subsection shall not apply to parents whose rights and responsibilities have been terminated to the child unless the termination order requires payment of child support.

H.  The Administrative Office of the Courts shall prepare a handbook for distribution to the district courts for appointments made pursuant to this section.  The handbook shall be written in clear, simple language and shall include information about the laws and procedures which apply to relative guardians made pursuant to this section.  In addition, the Office of the Administrative Director of the Courts shall develop the forms and procedures necessary to effectuate this section.  The Office of the Administrative Director of the Courts shall make such forms and handbook available to the public through the offices of the clerks of the district courts in this state, in the local offices of the Department of Human Services, and such other locations deemed necessary by the Administrator.

Added by Laws 2000, c. 385, § 3, eff. Nov. 1, 2000.

§10-21.6.  Relatives - Right to authorize medical care and dental care - Good faith reliance - Relative caregiver's authorization affidavit.

A.  Any relative related to a child within the third degree who has permanent care and custody of the child pursuant to Sections 21.2, 21.3 and 21.4 of Title 10 of the Oklahoma Statutes shall have the same rights to authorize medical care and dental care for the minor and to consent to school-related medical care on behalf of the minor that are given to legal guardians pursuant to Sections 21.5, 170.1 and 170.2 of Title 10 of the Oklahoma Statutes, or by the Oklahoma Guardianship and Conservatorship Act.  A relative as specified by this subsection may complete a relative caregiver authorization affidavit.

B.  1.  During the period of time after a child has been willfully left in the custody of a relative related to the child within the third degree, but prior to the time a child is deemed abandoned pursuant to Section 21.2 of Title 10 of the Oklahoma Statutes, the relative shall have the same rights to authorize medical care and dental care for the minor and to consent to school-related medical care on behalf of the minor that are given pursuant to subsection A of this section if:

a. the relative completes the relative caregiver's authorization affidavit as required by this section,

b. the child is residing full-time with the relative and the relative contributes the major degree of support for the child, and

c. the parents have expressed a willful intent by words, actions or omissions not to return for the child, and the relative is unable to contact the parent, or the parent refuses to regain physical custody of the child after a written request to do so by the relative.

2.  Until a child is deemed abandoned pursuant to Sections 21.2 through 21.4 of Title 10 of the Oklahoma Statutes, the decision of a relative to consent to or to refuse medical or dental care for a minor pursuant to this subsection shall be superseded by any contravening decision of the parent of the minor, provided the decision of the parent of the minor does not jeopardize the life, health, or safety of the minor.

3.  The affidavit completed pursuant to this subsection shall not be valid for more than one (1) year after the date on which it is executed unless the relative has legal custody pursuant to subsection A of this section.

C.  1.  A person who acts in good faith reliance on a relative caregiver's authorization affidavit authorized by this section to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, shall not be subject to criminal liability, civil liability to any person, or subject to professional disciplinary action if the applicable portions of the affidavit are completed.

2.  A person who relies on the affidavit has no obligation to make any further inquiry or investigation.

3.  Nothing in this section shall relieve any individual from liability for violations of other provisions of law.

4.  If the minor stops residing with the relative, the relative shall notify any school, health care provider, or health care service plan that has been given a copy of the affidavit.

D.  The relative caregiver's authorization affidavit shall be in substantially the following form:

Relative Caregiver's Authorization Affidavit

Use of this affidavit is authorized by Section 21.6 of Title 10 of the Oklahoma Statutes.

Instructions:  Completion of items 1-5 and the signing of the affidavit are sufficient to authorize school-related medical care.  Completion of items 6-9 is additionally required to authorize any other medical care.  Print clearly.

The minor named below lives full-time in my home and I am 18 years of age or older.

1.  Name of minor:  _______________________________________.

2.  Minor's birth date: ___________________________________.

3.  My name (adult giving authorization):  ________________.

4.  My home address:  _____________________________________  

  _____________________________________  

  _____________________________________.

5.  ( ) I am a grandparent, aunt, uncle, or other qualified relative of the minor (see end of this form for a definition of "qualified relative").

6.  The child has been living in my home since ____________.

7.  Check one or both (for example, if one parent was advised and the other cannot be located):

( ) The child has been left in my custody and I have advised the parent(s) or other person(s) having legal custody of the minor, in writing, of my intent to authorize medical care, and have received no objection.

( ) The child has been left in my custody and I am unable to contact or locate the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.

8.  My date of birth:  ____________________________________.

9.  My Oklahoma driver license or identification card number:

  ___________________________________.

  ______________________________________________________

Warning:  Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.

I declare under penalty of perjury under the laws of the State of Oklahoma that the foregoing is true and correct.

Dated:  __________________  Signed:  __________________

______________________________________

  Notary Stamp

Procedures:

1.  The signature of the relative must be notarized.

2.  This declaration does not affect the rights of the minor's parents or legal guardian regarding the care, custody, and control of the minor, and does not necessarily mean that the caregiver has legal custody of the minor.

3.  A person who relies on this affidavit has no obligation to make any further inquiry or investigation.

4.  Unless the relative has legal custody of the child pursuant to Sections 21.2 through 21.4 of Title 10 of the Oklahoma Statutes, this affidavit is not valid for more than one (1) year after the date on which it is executed but may be reexecuted.

Additional Information:

TO CAREGIVERS:

1.  "Qualified relative" for purposes of item 5, means a spouse of the qualified relative, parent, grandparent, great-grandparent, brother, sister, half-brother, half-sister, uncle, aunt, niece or nephew.

2.  The law requires a caregiver, who is not a qualified relative of a child, to notify the Department of Human Services that a child in the caregiver's care has been abandoned.  If the caregiver wishes to continue to care for the child, the law further requires that the caregiver's home be approved as a foster home.  A caregiver should direct any questions to the Department of Human Services.

3.  If the child stops living with the caregiver, the caregiver is required to notify any school, health care provider or health care service plan to which an affidavit has been given that the child no longer resides with the caregiver.

4.  If a caregiver does not have the information requested in item 9 (Oklahoma driver license or identification card), the caregiver must provide another form of identification, such as a social security number.

TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS:

1.  No person who acts in good faith reliance upon a caregiver's properly completed authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, shall be subject to criminal liability, civil liability to any person, or subject to professional disciplinary action for relying upon the affidavit to provide medical or dental care.

2.  This affidavit does not confer dependency for health care coverage purposes.

E.  Any person who willfully makes a statement in the relative caregiver's authorization affidavit which the person knows to be false shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year or a fine of not more than Five Hundred Dollars ($500.00) or both such fine and imprisonment.

F.  For purposes of this part:

1.  "Person" includes an individual, corporation, partnership, association, the state, or any city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity;

2.  "Relative" means a spouse of the relative, parent, grandparent, great-grandparent, brother, sister, half-brother, half-sister, uncle, aunt, niece or nephew; and

3.  "School-related medical care" means medical care that is required by state or local governmental authority as a condition for school enrollment, including immunizations, physical examinations and medical examinations conducted in schools for pupils.

Added by Laws 2001, c. 434, § 3, emerg. eff. June 8, 2001.

§1022.  Spouse of manager or superintendent of institution having orphans or deliquent children as employee.

It shall be lawful for the spouse of any chief managing officer or superintendent of any institution in the State of Oklahoma, the inmates of which are orphans or delinquent boys and girls to be also employed at said institution and be carried on and paid through the payroll of said institution.

Laws 1939, p. 115, § 1, Laws 1975, c. 303, § 1, emerg. eff. June 7, 1975.  

§10-22.1.  Legislative findings and intent - Foster care by grandparents or other relative.

A.  1.  The Oklahoma Legislature recognizes that:

a. children who have been abused, who are dependent or neglected, or whose parents, for whatever reason, may be unable or unwilling to provide care for their children, are best served when they can be cared for by grandparents or other suitable relatives instead of placing those children in foster care with the State of Oklahoma, and

b. while grandparents or other relatives are often willing to provide for the care of children who can no longer remain with their parents, there may exist financial obstacles to the provision of such care, or there may be a need for other services to enable the children to remain with their grandparents or other relatives in order to prevent those children's entry into the foster care system.

2.  It is the intent of the Oklahoma Legislature in enacting this section to:

a. recognize family relationships in which a grandparent or other relative within the third degree of relationship to the child is the head of a household that includes a child otherwise at risk of foster care placement by the Department of Human Services,

b. enhance family preservation and stability by recognizing that most children in placements with grandparents and other relatives within the third degree of relationship to the child do not need intensive supervision of the placement by the courts or by the Department of Human Services,

c. provide additional placement options and incentives that will achieve permanency and stability for many children who are otherwise at risk of foster care placement by the Department of Human Services because of abuse, abandonment, or neglect, but who may successfully be able to reside in the care of relatives within the third degree of relationship to the child, and

d. reserve the limited casework and supervisory resources of the Department of Human Services and the courts expended to care for children in state custody for those cases in which children do not have the option for safe, stable care within their immediate family.

B.  The Department of Human Services shall establish and operate a relative support program pursuant to eligibility guidelines established in this section and by rules of the Department promulgated thereto which will divert children from the foster care program operated by the Department of Human Services.  The relative support program shall provide assistance to relatives within the third degree of relationship to a child who are caring for the child on a full-time basis, regardless of whether there is a court order granting custody of the child to the relative.

C.  Grandparents or other such relatives who qualify for and participate in the relative support program are not required to be certified as foster parents or to meet the foster care requirements but shall be capable of providing a physically safe environment and a stable, supportive home for the children under their care.

D.  Upon request by grandparents or other relatives who are caring for a child on a full-time basis, the Department shall complete a needs assessment on such grandparents or other relatives to determine the appropriate services and support needed by the child and the grandparents or other such relatives.

E.  Within available funding specified by this section, the relative support program may provide grandparents or other suitable relatives with:

1.  Case management services;

2.  Monthly stipends or other financial assistance, family support and preservation services;

3.  Flexible funds to enable the grandparents or other relatives to meet unusual or crisis expenditures, including but not limited to, making housing deposits, utility deposits, or to purchase beds, clothing and food;

4.  Subsidized child care and after school care;

5.  Respite care;

6.  Transportation;

7.  Counseling;

8.  Support groups;

9.  Assistance in accessing parental child support payments;

10.  Aid in accessing food stamps, Social Security and other public benefits;

11.  Information about legal options for relative caregivers;

12.  Assistance for establishing a relative guardianship or relative custodianship for the child;

13.  Available volunteer attorney services;

14.  Mediation/family group conferencing; and

15.  Community-based services and state or federal programs available to the child and relatives to support the child's safety, growth and health development.

F.  Children living with grandparents or other relatives within the third degree of relationship to the child who are receiving assistance pursuant to this section shall be eligible for Medicaid coverage.

G.  Subject to availability of funding, and as may be permitted by federal law or regulations governing the Department of Human Services' block grant for Temporary Assistance for Needy Families (TANF), the Department of Human Services is specifically authorized to provide funding assistance from such block grant or other available funds for the development and operation of the relative support program by providing available funds which are not otherwise committed to or necessary for the provision of the Statewide Temporary Assistance Responsibility System.  In addition, the Department may use any other state, federal or private funds available to the Department for such purposes to implement the provisions of this section.

H.  1.  In order to qualify for the receipt of any monthly stipend, the grandparent or other relative shall meet any eligibility criteria determined by the Department of Human Services.

2.  Within limits of available funding, monthly stipends may be paid to grandparents or other relatives with the third degree of relationship to the child who have physical full-time custody of a child who would be unable to serve in that capacity without a monthly stipend because of inadequate financial resources, thus exposing the child to the trauma of potential placement in a shelter or in foster care placement by the Department of Human Services.  The statewide average monthly rate for children in the legal custody of grandparents or other relatives who are not certified as foster homes shall not exceed the cost of providing foster care.

I.  Additional assistance may be made available to qualified grandparents or other relatives within the third degree of relationship and children, based upon specific needs of the grandparent or other relative of the child and the specific needs of the child.  Such assistance shall also be subject to available funding.

J.  The relative support program established by the Department pursuant to this section may receive referrals from district courts of this state, from social service or child advocate agencies, from any other agency of this state, or other states or federal programs.  In addition, the relative support program may be accessed directly by the grandparents or other relatives of the affected children by application made to the Department of Human Services.

K.  The Department of Human Services may provide any services necessary to effectuate the purposes of this section by contract with any person or with any public or private entity.

L.  The provisions of this section shall also be available to a legal guardian of a child who is within the fifth degree of relation to the child.

M.  The Department of Human Services shall, pursuant to the provisions of the Administrative Procedures Act, promulgate any rules necessary to implement the provisions of this section.

N.  As a part of the relative support program, the Department shall develop, publish, and distribute an informational brochure for grandparents and other relatives who provide full-time care for children.  The information provided under the program authorized by this section may include, but is not limited to, the following:

1.  The benefits available to children and grandparents or other relatives pursuant to this section providing full-time care;

2.  The procedures to access the relative support program;

3.  A list of support groups and resources located throughout the state;

4.  Such other information deemed necessary by the Department; and

5.  The brochure may be distributed through municipal and district courts, hospitals, public health nurses, child protective services, medical professional offices, county health departments, elementary and secondary schools, senior citizens centers, public libraries, local, city, county and state offices and community action agencies selected by the Department.

O.  The Department of Human Services shall submit a report of the outcomes associated with the relative support program established pursuant to this section to the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the State Senate on or before January 15, 2002.

Added by Laws 2000, c. 385, § 4, eff. Nov. 1, 2000.

§10-22.2.  Short title - Purpose - Comprehensive strategic plan - Information database - Family resource assistance - Partnerships - Brochure.

A.  This section shall be known and may be cited as the "Investing in Stronger Oklahoma Families Act".

B.  It is the intent of the Oklahoma Legislature in enacting the Investing in Stronger Oklahoma Families Act to provide assistance to guardians of children, adoptive parents and other "created families", to assist such guardians, adoptive parents and families to assume permanent custody of children in need of safe and permanent homes, and to enhance family preservation and the stability of these homes.

C.  For purposes of implementing the Investing in Stronger Oklahoma Families Act, the Department of Human Services shall collaborate with appropriate local, state and federal agencies and private entities to develop by December 31, 2001, a comprehensive strategic state plan for investing in stronger families.

D.  The comprehensive strategic state plan shall:

1.  Set a goal to annually increase the number of programs for "created families" which will increase safe and permanent homes for children who are not in the custody of the Department but unable to reside with their biological parents and encourage and preserve the adoption or guardianship of and other legal custody arrangements for such children;

2.  Develop and implement a statewide public awareness campaign which will inform preadoptive homes, adoptive homes and other persons desiring to obtain guardianship or other legal custody of a child, of the programs, grants and other assistance available to them;

3.  Identify public and private resources, both within the agencies subject to the provisions of this section and within the state and within the communities;

4.  Provide for coordination and collaboration among related efforts and programs;

5.  Provide for contracts or agreements with public and private entities for utilization of identifiable financial resources from federal, state, local and private resources and coordinate those resources to fund-related services; and

6.  Apply for grants and matching monies to assist in the implementation of the Investing in Stronger Oklahoma Families Act including, but not limited to, funds derived from the "Respect Life - Support Adoption" license plates.

E.  As part of the development and implementation of the comprehensive strategic plan, the Department shall, as funds are available and using existing available state resources, develop an information database consisting of data on existing programs serving families who have taken on the responsibility of providing children with safe and permanent homes.  In developing the information database, the Department shall coordinate with the Children's Coordinated Data System developed by the Oklahoma Commission on Children and Youth.

F.  The Legislature hereby encourages the establishment of family resource assistance that links federal, state and local resources and programs and that creates collaborative and interorganizational partnerships between state governmental agencies and private and nonprofit entities and attorneys.  Such agencies and private and nonprofit entities shall include, but not be limited to:

1.  The Department of Human Services;

2.  The State Department of Education;

3.  The Oklahoma Department of Career and Technology Education;

4.  The Oklahoma Department of Commerce;

5.  The Oklahoma Employment Security Commission;

6.  The Oklahoma Health Care Authority;

7.  The State Department of Health;

8.  The Commission on Children and Youth;

9.  The State Department of Mental Health and Substance Abuse Services;

10.  The Oklahoma Department of Corrections;

11.  The Oklahoma State Regents for Higher Education;

12.  Community action agencies;

13.  Local and municipal groups;

14.  Substate planning groups;

15.  Religious and charitable organizations;

16.  Private child placement entities;

17.  Public or private foundations; and

18.  Representatives of the courts and attorneys who practice in adoption.

G.  The Department shall enter into collaborative and interorganizational partnerships as necessary to provide assistance to guardians, adoptive parents and other "created families".

H.  Within available funding specified by this section, the Department may provide created families with:

1.  Case management services;

2.  Flexible funds to enable the relatives, guardians, adoptive parents and other created families to meet unusual or crisis expenditures, including but not limited to, making housing deposits, utility deposits, or purchasing beds, clothing and food;

3.  Child care and after school care;

4.  Respite care;

5.  Transportation;

6.  Counseling;

7.  Support groups;

8.  Assistance in accessing parental child support payments;

9.  Aid in accessing food stamps, Social Security and other public benefits;

10.  Assistance for establishing a guardianship, adopting or obtaining custody of the child;

11.  Available volunteer attorney services;

12.  Mediation/family group conferencing; and

13.  Community-based services and state or federal programs serving guardians of children, adoptive families and other created families.

I.  The Department of Human Services may provide any services necessary to effectuate the purposes of this section by contract with any person or with any public or private entity.

J.  The Department of Human Services shall, pursuant to the provisions of the Administrative Procedures Act, promulgate any rules necessary to implement the provisions of this section.

K.  For purposes of the Investing in Stronger Oklahoma Families Act, the Department shall, from funds available, develop, publish, and distribute an informational brochure for guardians, adoptive parents and other created families who provide full-time care for children.  The information provided under the program authorized by this section may include, but is not limited to, the following:

1.  The benefits that may be available to children and created families pursuant to this section providing full-time care;

2.  The procedures to access the created families program;

3.  A list of support groups and resources located throughout the state; and

4.  Such other information deemed necessary by the Department.

Added by Laws 2001, c. 434, § 1, emerg. eff. June 8, 2001.

§1023.  National Youth Administration  Construction and operation of building jointly by county, city and fair association or board.

The board of county commissioners of any county, the county free fair association or county free fair board of such county, and any city in such county, are hereby authorized to purchase grounds for and to construct thereon, jointly, a building or buildings in conjunction with the National Youth Administration, and are further authorized to maintain and operate such building jointly, and may appropriate and expend such funds as are necessary therefor.

Laws 1941, p. 19, § 1.  

§10-24.  Appointment of counsel - Responsibility of Oklahoma Indigent Defense System - Compensation.

A.  1.  When it appears to the court that a minor or the minor's parent or legal guardian desires counsel but is indigent and cannot for that reason employ counsel, the court shall appoint counsel.

2.  In any case in which it appears to the court that there is a conflict of interest between a parent or legal guardian and a child so that one attorney could not properly represent both, the court may appoint counsel, in addition to counsel already employed by a parent or guardian or appointed by the court to represent the minor or parent or legal guardian; provided, that in all counties having county indigent defenders, the county indigent defenders assume the duties of representation in proceedings such as above.

3.  In no case shall the court appoint counsel to represent a grandparent or other relative of a minor, unless the grandparent or other relative is the duly appointed legal guardian of the minor or the court finds:

a. that the grandparent or other relative is functioning as the guardian or relative custodian of the minor pursuant to Section 21.3 or 21.4 of this title, or

b. that the appointment of counsel for the grandparent or other relative is in the best interests of the child.

4.  The provisions of this subsection shall be for proceedings other than those provided pursuant to the Oklahoma Children's Code.

B.  In all cases of juvenile delinquency proceedings and appeals, adult certification proceedings and appeals, reverse certification proceedings and appeals, youthful offender proceedings and appeals and any other proceedings and appeals pursuant to the Oklahoma Juvenile Code, except mental health proceedings and appeals and in-need-of-supervision proceedings and appeals, other than in counties where the county indigent defenders are appointed, the court shall, where counsel is appointed and assigned, allow and direct to be paid by the Oklahoma Indigent Defense System, a reasonable and just compensation to the attorney or attorneys for such services as they may render.  In all other cases pursuant to this title and in juvenile mental health proceedings and appeals and in-need-of-supervision proceedings and appeals, except in counties where county indigent defenders are appointed, the court shall, if counsel is appointed and assigned, allow and direct to be paid from the local court fund, a reasonable and just compensation to the attorney or attorneys for such services as they may render; provided that any attorney appointed pursuant to this subsection shall not be paid a sum in excess of One Hundred Dollars ($100.00) for services rendered in preliminary proceedings, and such compensation shall not exceed Five Hundred Dollars ($500.00) for services rendered during trial and not to exceed One Hundred Dollars ($100.00) for services rendered at each subsequent post-disposition hearing.

Added by Laws 1968, c. 163, § 1, emerg. eff. April 11, 1968.  Amended by Laws 1989, c. 363, § 1, eff. Nov. 1, 1989; Laws 1994, c. 340, § 1; Laws 1996, c. 301, § 1, eff. July 1, 1996; Laws 1998, c. 342, § 1, emerg. eff. June 3, 1998; Laws 2000, c. 385, § 5, eff. Nov. 1, 2000.

NOTE:  A former § 24 of this title, created by Laws 1941, p. 19, § 2, was repealed by Laws 1961, p. 15, § 1, emerg. eff. July 21, 1961.

§10-24.1.  Appointment of volunteer attorneys for indigent children not entitled to representation by Indigent Defense System.

A.  Effective July 1, 1996, except as provided in subsection B of this section, the duties and responsibilities for legal representation to indigent children who are subject to any proceeding or appeal provided for in the Oklahoma Children's Code, mental health proceeding and appeal, guardianship proceeding and appeal, private termination of parental rights proceeding and appeal, family law proceeding and appeal addressing custody or visitation and appeal, civil case in which the child is a defendant, criminal proceeding for a crime in which the child was a victim, and in-need-of-supervision proceeding shall no longer be provided by the Indigent Defense System, but shall be provided by volunteer attorneys appointed by the court pursuant to subsection H of Section 1355.8 of Title 22 of the Oklahoma Statutes.

B.  The Indigent Defense System shall complete all cases provided for in subsection A of this section and appeals for all such cases for which the System has been appointed prior to July 1, 1996, as follows:

1.  For providing counsel at the district court level through the disposition hearing if a hearing has not been held as of July 1, 1996, or through the next significant proceeding scheduled on or after July 1, 1996, if a disposition hearing has already been held; and

2.  For any pending nondelinquency appeal for which the System was appointed on or prior to June 30, 1996, until a decision and mandate are issued by the appropriate appellate court.

Added by Laws 1996, c. 301, § 2, eff. July 1, 1996.

§10-25.  Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998.

§10-26.  Renumbered as § 7202.1 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998.

§1027.  Renumbered as § 7202.2 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998.

§10-28.  Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998.

§10-29.  Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998.

§10-29.1.  Repealed by Laws 1997, c. 366, § 60, eff. Nov. 1, 1997.

NOTE:  In addition to repeal by Laws 1997, c. 366, § 60, this section was amended by Laws 1997, c. 386, § 16, to read as follows:

A.  Whenever the mother of a child born out of wedlock who has custody of the child executes a relinquishment for the purpose of adoption pursuant to the provisions of Section 28 of this title, the person or agency to whom such relinquishment is made shall file a petition with the district court of the county in which the relinquishment was executed for the termination of the parental rights of the persons entitled to notice pursuant to subsection B of this section unless such rights have been previously terminated or relinquished.

B.  Persons entitled to notice, pursuant to this section, shall include:

1.  Any person adjudicated by a court in this state to be the father of the child;

2.  Any person who is recorded on the child's birth certificate as the child's father;

3.  Any person who is openly living with the child and the child's mother at the time the proceeding is initiated or at the time the child was placed in the care of an authorized agency, and who is holding himself out to be the child's father;

4.  Any person who has been identified as the child's father by the mother in a sworn statement;

5.  Any person who was married to the child's mother within ten (10) months prior or subsequent to the birth of the child; and

6.  Any person who has filed with the paternity registry an instrument acknowledging paternity of the child, pursuant to Section  55.1 of this title.

C.  The court, as necessary, shall order the Department to provide the person or agency filing the petition with the name and address of any person on the registry established pursuant to Section  55.1 of this title who must be notified pursuant to the provisions of this section.

D.  Notice and hearing pursuant to this section shall comply with the provisions of Section 7006-1.2 of this title.  The notice shall also apprise such person of his legal rights and shall include a clear statement that failure to appear at the hearing shall constitute a denial of interest in the child which denial may result, without further notice of this proceeding or any subsequent proceeding, in the termination of his parental rights and the transfer of the child's care, custody or guardianship or in the child's adoption.

E.  A person may waive their right to notice under this section.  The waiver, signed by such person, shall include a statement affirming that the person signing the waiver understands that the waiver shall constitute grounds for the termination of the parental rights of such person pursuant to the provisions of this section and Section 60.6 of this title.

F.  1.  At the hearing the court may, if it is in the best interest of the child:

a. accept a relinquishment or consent to adoption executed by the father or putative father of the child, or

b. determine that the consent of the father or putative father to the adoption of the child is not required and may terminate any parental rights which the father or putative father may have, or

c. terminate the parental rights of the father or putative father, pursuant to the provisions of this section or Section 7006-1.1 of this title, or

d. grant custody of the child to the father or putative father, if the court determines the person to be the father of the child.

2.  The court shall terminate the rights of a father or putative father if he fails to appear at the hearing or has waived notice under this section.

G.  No order of the court shall be vacated, annulled, or reversed upon the application of any person who was properly served with notice in accordance with this section but failed to appear or who waived notice pursuant to subsection E of this section.

H.  An appeal may be taken from any final order, judgment, or decree rendered pursuant to this section to the Supreme Court by any person aggrieved thereby, in the manner provided for appeals from the court as provided in this subsection.

1.  All appeals of cases concerning the relinquishment of a child or the termination of parental rights pursuant to this section shall be initiated by filing a petition in error in the Supreme Court within thirty (30) days of the filing of the order, judgment, or decree appealed from.  The record on appeal shall be completed within thirty (30) days from the filing of the petition in error.  Any response to the petition in error shall be filed within twenty (20) days from the filing of the petition in error.

2.  The briefing schedule is established as follows:

a. appellant's brief in chief shall be filed twenty (20) days after the trial court clerk notifies all parties that the record is complete and such notice has been filed in the office of the Clerk of the Supreme Court,

b. appellee's answer brief shall be filed fifteen (15) days after the appellant's brief in chief is filed, and

c. appellant's reply brief may be filed within ten (10) days after the appellee's answer brief is filed.

I.  Any appeal when docketed shall have priority over all cases pending on said docket.  Adjudication of the appeals and in any other proceedings concerning the relinquishment of the child or the termination of parental rights pursuant to this section shall be expedited by the Supreme Court.

§10-30.  Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998.

§10-31.  Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998.

§1032.  Renumbered as § 7202.4 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998.

§10-33.  Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998.

§10-34.  Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998.

§10-35.  Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998.

§10-37.  Repealed by Laws 1998, c. 415, § 52, emerg. eff. June 11, 1998.

§1038.  Renumbered as § 7202.3 of this title by Laws 1998, c. 415, § 51, emerg. eff. June 11, 1998.

§1040.  Short title.

Sections 1 through 10 of this act shall be known and may be cited as the "Oklahoma Indian Child Welfare Act".

Added by Laws 1982, c. 107, § 1, emerg. eff. April 6, 1982.  

§1040.1.  Purpose  Policy of state.

The purpose of the Oklahoma Indian Child Welfare Act is the clarification of state policies and procedures regarding the implementation by the State of Oklahoma of the federal Indian Child Welfare Act, P.L. 95608.  It shall be the policy of the state to recognize that Indian tribes and nations have a valid governmental interest in Indian children regardless of whether or not said children are in the physical or legal custody of an Indian parent or Indian custodian at the time state proceedings are initiated.  It shall be the policy of the state to cooperate fully with Indian tribes in Oklahoma in order to ensure that the intent and provisions of the federal Indian Child Welfare Act are enforced.

Added by Laws 1982, c. 107, § 2, emerg. eff. April 6, 1982.  Amended by Laws 1994, c. 30, § 1, eff. Sept 1, 1994.

§1040.2.  Definitions.

For the purposes of the Oklahoma Indian Child Welfare Act:

1.  "Indian" means a person who is a member of an Indian tribe; 2.  "Indian child" means any unmarried or unemancipated person who is under the age of eighteen (18) and is either:

a. a member of an Indian tribe, or

b. is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe;

3.  "Indian custodian" means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody and control has been transferred by the parent of such child; and

4.  "Indian tribe" means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians.

Added by Laws 1982, c. 107, § 3, emerg. eff. April 6, 1982.  

§1040.3.  Application of act  Exemptions  Determination of Indian status.

A.  The Oklahoma Indian Child Welfare Act, in accordance with the federal Indian Child Welfare Act, applies to all child custody proceedings involving any Indian child except the following:

1.  A child custody proceeding arising from a divorce proceeding; or

2.  A child custody proceeding arising from an adjudication of delinquency, unless there has been a request for termination of parental rights.

B.  Except as provided for in subsection A of this section, the Oklahoma Indian Child Welfare Act applies to all state voluntary and involuntary child custody court proceedings involving Indian children, regardless of whether or not the children involved are in the physical or legal custody of an Indian parent or Indian custodian at the time state proceedings are initiated.

C.  The court shall seek a determination of the Indian status of the child in accordance with the preceding standard in the following circumstances:

1.  The court has been informed by an interested party, an officer of the court, a tribe, an Indian organization or a public or private agency that the child is Indian; or

2.  The child who is the subject of the proceeding gives the court reason to believe he is an Indian child; or

3.  The court has reason to believe the residence or domicile of the child is a predominantly Indian community.

D.  The court shall seek verification of the Indian status of the child from the Indian tribe or the Bureau of Indian Affairs.  A determination of membership by an Indian tribe shall be conclusive.  A determination of membership by the Bureau of Indian Affairs shall be conclusive in the absence of a contrary determination by the Indian tribe.

E.  The determination of the Indian status of a child shall be made as soon as practicable in order to ensure compliance with the notice requirements of Section 40.4 of this title.

Added by Laws 1982, c. 107, § 4, emerg. eff. April 6, 1982.  Amended by Laws 1994, c. 30, § 2, eff. Sept 1, 1994.

§1040.4.  Indian child custody proceedings  Notice.

In all Indian child custody proceedings of the Oklahoma Indian Child Welfare Act, including voluntary court proceedings and review hearings, the court shall ensure that the district attorney or other person initiating the proceeding shall send notice to the parents or to the Indian custodians, if any, and to the tribe that is or may be the tribe of the Indian child,