Okla. Stat. tit. 10A, § 10A-1-4-204

A. 1. When awarding custody or determining the placement of a

child, a preference shall be given to relatives and persons who have

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a kinship relationship with the child. The Department of Human

Services shall make diligent efforts to place the child with such

persons and shall report to the court the efforts made to secure

that placement. In cases where the Indian Child Welfare Act

applies, the placement preferences of the act shall be followed.

The Department shall verify applicability of the Indian Child

Welfare Act within three (3) months of the child being taken into

custody.

2. When two or more children are siblings, every reasonable

attempt shall be made to place the siblings in the same home, except

as provided in paragraph 3 of this subsection. In making a

permanent placement, siblings shall be placed in the same permanent

home or, if the siblings are separated, shall be allowed contact or

visitation with each other; provided, however, the best interests of

each sibling shall be the standard for determining the appropriate

custodian or placement as well as the contact and visitation with

the other siblings.

3. Siblings may be separated if the court and the Department

find that placement of siblings together would be contrary to the

safety or well-being of any of the siblings, and:

a. one sibling has resided in a foster family home for

six (6) or more months and has established a

relationship with the foster family,

b. the siblings have never resided in the same home

together,

c. there is no established relationship between the

siblings, or

d. it is in the best interests of the child to remain in

the current foster family home placement.

B. In determining the appropriate custodian or placement for a

child pursuant to subsection A of this section, the court and the

Department shall consider, but not be limited to, the following

factors:

1. The ability of the person being considered to provide safety

for the child, including a willingness to cooperate with any

restrictions placed on contact between the child and others, and to

prevent others from influencing the child in regard to the

allegations of the case;

2. The ability of the person being considered to support the

efforts of the Department to implement the permanent plan for the

child;

3. The ability of the person being considered to meet the

child's physical, emotional, and educational needs, including the

child's need to continue in the same school or educational

placement;

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4. The person who has the closest existing personal

relationship with the child if more than one person requests

placement of the child pursuant to this section;

5. The ability of the person being considered to provide a

placement for the child's sibling who is also in need of placement

or continuation in substitute care;

6. The wishes of the parent, the relative, and the child, if

appropriate;

7. The ability of the person being considered to care for the

child as long as is necessary and to provide a permanent home if

necessary; and

8. The best interests of the child.

C. 1. The Department of Human Services shall consider

placement with a relative without delay and shall identify relatives

of the child and notify them of the need for temporary placement and

the possibility of the need for a permanent out-of-home placement of

the child. The relative search shall be reasonable and

comprehensive in scope and may continue until a fit and willing

relative is identified; however, a nationwide relative search shall

be conducted by the Department within three (3) months of the child

being taken into custody.

2. The relatives shall be notified of the need to keep the

Department informed of their current address in order to receive

notice when a permanent out-of-home placement is being sought for
e and may continue until a fit and willing

relative is identified; however, a nationwide relative search shall

be conducted by the Department within three (3) months of the child

being taken into custody.

2. The relatives shall be notified of the need to keep the

Department informed of their current address in order to receive

notice when a permanent out-of-home placement is being sought for

the child. A relative who fails to provide a current address may

forfeit the right to be considered for the child's permanent out-of-

home placement.

3. A decision by a relative to not participate in the child's

placement planning at the beginning of the case or to cooperate with

the Department to expedite procedures for placement of the child in

the child's home may affect whether that relative will be considered

for permanent placement of the child if the child cannot be safely

returned to the home of the child's parent or parents.

D. The Department, while assessing the relatives for the

possibility of placement, shall be authorized to disclose to the

relative, as appropriate, the fact that the child is in custody, the

alleged reasons for the custody, and the projected date for the

child's return home or other permanent placement as well as any

other confidential information deemed necessary and appropriate to

secure a suitable placement.

E. Following an initial placement with a relative, whenever a

new placement of the child is made, consideration for placement

shall again be given as described in this section to approved

relatives who will fulfill the reunification or permanent plan

requirements of the child. The Department shall consider whether

the relative has established and maintained a relationship with the

child.

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F. If the child is not placed with a relative who has been

considered for placement pursuant to this section, the Department

shall advise the court, in writing, the reasons why that relative

was denied and the written reasons shall be made a part of the court

record.

G. The provisions of this section shall apply to all custody or

placement proceedings which concern a child alleged or adjudicated

to be deprived including, but not limited to, guardianship and

adoption proceedings.