2014 Oklahoma Statutes
Title 10. Children
§10-7505-5.1. Favorable preplacement home study required - Waiver - Exception - Placement not approved in certain circumstances.

A. Except as otherwise provided in this section, only a person for whom a favorable written preplacement home study has been prepared may accept custody of a minor for purposes of adoption. A preplacement home study is favorable if it contains a finding that the person is suited to be an adoptive parent, either in general or for a particular minor, and it is completed or brought current within twelve (12) months next preceding a placement of a minor with the person for adoption.

B. A preplacement home study is not required if a parent or guardian places a minor directly with a relative of the minor for purposes of adoption, or if the minor has been residing with a birth parent’s spouse for not less than one (1) year as of the date the petition for adoption is filed, but a home study of the relative or stepparent is required during the pendency of a proceeding for adoption.

C. A prospective adoptive parent shall not be approved for placement of a child if the petitioners or any other person residing in the home of the petitioners has been convicted of any of the following felony offenses:

1. Within the five-year period preceding the date of the petition, physical assault, domestic abuse, battery or a drug-related offense;

2. Child abuse or neglect;

3. A crime against a child, including, but not limited to, child pornography; and

4. A crime involving violence, including, but not limited to, rape, sexual assault or homicide, but excluding those crimes specified in paragraph 1 of this subsection.

D. Under no circumstances shall a child be placed in the custody of an individual subject to the Oklahoma Sex Offenders Registration Act or an individual who is married to or living with an individual subject to the Oklahoma Sex Offenders Registration Act.

Added by Laws 1997, c. 366, § 29, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 23, emerg. eff. June 11, 1998; Laws 2007, c. 196, § 7, eff. July 1, 2007; Laws 2009, c. 288, § 3, eff. Nov. 1, 2009.