Okla. Stat. tit. 10, § 10-1415

intellectual disability not to abrogate parental rights - Guardians

- Assessment of competency.

A. The voluntary placement of a child in an institution for

individuals with intellectual disabilities by the child's parents

shall not, by itself, abrogate the rights and authority of the

parents.

B. 1. Except as otherwise provided in this paragraph, no later

than January 1, 1988, all residents of the institutions specified in

Section 1406 of this title and all residents of other residential

facilities for individuals with intellectual disabilities operated

by the Department of Human Services who are eighteen (18) years of

age or older shall have a guardian appointed by a court. A guardian

shall not be required for a resident of the institution eighteen

(18) years of age or older for whom a guardian is not recommended as

provided in subsection C of this section or who has not been found

to be incompetent or incapacitated by the court.

2. The guardian shall be the parent of the resident or a

relative or other adult person appointed by a court to be the

guardian of the resident or former resident. A parent whose

parental rights have not been terminated by a court, and who is

otherwise qualified to serve as guardian, shall have first priority

for appointment as guardian. If a parent is not available or

willing to serve, a relative who is otherwise qualified to serve as

guardian shall have next priority for appointment as guardian.

Oklahoma Statutes - Title 10. Children Page 219

3. The guardian shall not be the superintendent or other

employee of the institution or residential facility in which the

person resides or an employee of the Department of Human Services,

except where the superintendent or employee is also the parent or

relative of the resident or former resident. A superintendent may

serve as guardian ad litem as provided in subsection D of this

section.

C. 1. An assessment of the competency of a resident of an

institution or residential facility for individuals with

intellectual disabilities operated by the Department shall be

completed within six (6) months:

a. prior to the eighteenth birthday of the resident,

b. after institutionalization if the resident is an adult

at the time of institutionalization, or

c. after June 30, 1987, if the resident is an adult who

was institutionalized prior to June 30, 1987, and for

whom no competency assessment has been performed or no

guardian appointed.

2. The assessment shall be made by a panel composed of the

resident's social worker, the attending physician of the resident,

and a licensed psychiatrist or licensed psychologist with training

and experience in the area of intellectual and developmental

disabilities. The panel shall make a recommendation to the

superintendent as to whether or not the condition of the resident is

such that appointment of a guardian is warranted. Upon the finding

by the panel that appointment of a guardian is warranted, the

superintendent shall initiate guardianship proceedings.

D. If the parents or other relative of the resident are unable

to serve as guardian or cannot be located, the Department may in a

guardianship proceeding request the court to appoint a guardian ad

litem until such time as a guardian is appointed by a court. If the

court is satisfied, after inquiry into the matter, that a parent or

other relative qualified and willing to serve as guardian cannot

with due diligence be located, the court may appoint a guardian ad

litem.

1. The court may appoint as guardian ad litem:

a. a qualified relative or other adult person, or

b. a public guardian if available, or

c. the superintendent of the facility in which the

resident resides.

In all cases, a qualified relative or other qualified adult

shall have priority over the Department of Human Services for

appointment as a guardian.

2. The appointment of a guardian ad litem shall be as guardian
t as guardian ad litem:

a. a qualified relative or other adult person, or

b. a public guardian if available, or

c. the superintendent of the facility in which the

resident resides.

In all cases, a qualified relative or other qualified adult

shall have priority over the Department of Human Services for

appointment as a guardian.

2. The appointment of a guardian ad litem shall be as guardian

ad litem of the person only of the resident, and the court shall set

forth in its appointment order the specific powers and duties of the

Oklahoma Statutes - Title 10. Children Page 220

guardian ad litem. The guardian ad litem shall not change the place

of residence of the resident unless authorized by the court.

3. The guardian ad litem may serve without bond.

E. The Department of Human Services may provide assistance to

residents and former residents of the institutions named in Section

1406 of this title as necessary to assure compliance with the

requirements of subsection B of this section, including filing a

petition to have a guardian of the person appointed for the

resident.

F. The superintendent of the institution shall have the custody

of any resident during the time the resident remains in the

institution and shall be responsible for the care, treatment, and

education of the resident during the time the resident remains in

the institution.