Okla. Stat. tit. 10A, § 10A-1-4-705

child – Restriction on placement in home of felon or sex offender.

A. In placing a child in the custody of an individual, a

private agency, or institution, the court and the Department of

Human Services shall, if possible, select a person, agency, or

institution governed by persons of the same religious faith as that

of the parents of the child, or in case of a difference in the

religious faith of the parents, then of the religious faith of the

child.

B. Except as otherwise provided by this section or by law, it

shall be left to the discretion of the judge to place the custody of

children where their total needs will best be served. If an

individual meets the minimum required age for placement purposes,

the age of an otherwise eligible individual shall not be a reason

for denying the individual placement or custody of a child.

C. A prospective foster or adoptive parent shall not be an

approved placement for a child if the prospective foster or adoptive

parent or any other person residing in the home of the prospective

foster or adoptive parent has been convicted of any of the following

felony offenses:

1. Within the five-year period preceding the application date,

a physical assault, battery, or a drug-related offense;

2. Child abuse or neglect;

3. Domestic abuse;

4. A crime against a child, including, but not limited to,

child sexual abuse material; or

5. 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. 1. Under no circumstances shall a child be placed with or

in the custody of an individual subject to the Oklahoma Sex

Offenders Registration Act or an individual who is married to or

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 116

living with an individual subject to the Oklahoma Sex Offenders

Registration Act.

2. In addition, prior to the court placing a child in the

custody of an individual, the court shall inquire as to whether the

individual has been previously convicted of any felony or relevant

misdemeanor or has any felony or misdemeanor charges pending.

3. Prior to the custody order being entered, the individual

seeking custody shall provide an Oklahoma criminal history record

obtained pursuant to Section 150.9 of Title 74 of the Oklahoma

Statutes to the court.

4. For purposes of this subsection the terms:

a. "relevant misdemeanor" may include assault and

battery, alcohol- or drug-related offenses, domestic

violence or other offenses involving the use of

physical force or violence against the person or

property of another, and

b. "individual" shall not include a parent or legal

guardian of the child.

E. The provisions of this section shall not apply in any

paternity or domestic relations case, unless otherwise ordered by

the court.