Okla. Stat. tit. 10A, § 10A-1-4-710

study – Findings – Visitation – Guardianship review.

A. The district attorney or child's attorney shall file a

motion for permanent guardianship with the juvenile court in the

deprived case. The motion shall be verified by the prospective

guardian and shall include the following:

1. The name, gender, and date of birth of the child;

2. The facts and circumstances supporting the grounds for

permanent guardianship;

3. The name and address of the prospective guardian and a

statement that the prospective guardian agrees to accept the duties

and responsibilities of guardianship;

4. The relationship of the child to the prospective guardian;

5. That the prospective guardian understands that the

guardianship is intended to be permanent in nature and that the

person will be responsible as the guardian until the child reaches

the age of majority;

6. Whether the child has resided with the prospective guardian

prior to the motion being filed, and, if so, the length of time and

the circumstances surrounding the child's stay; and

7. Whether there exists a loving, emotional tie between the

child and the prospective guardian.

B. Notice of the hearing as well as a copy of the motion shall

be served upon the parties, the Department of Human Services, and

the guardian ad litem of the child, if any. Notice shall also be

sent to the tribe of an Indian child as defined by the federal

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Indian Child Welfare Act. Service shall not be required on the

parent whose rights have been previously terminated.

C. 1. When the child is in the custody of the Department, the

Department shall cause a home study of the proposed guardian's home

to be completed and provide a report to the court regarding the

suitability of the proposed guardian and whether guardianship is in

the best interest of the child. The Department shall promulgate

rules in furtherance of the duties imposed by this subsection.

However, the prospective guardian shall be responsible to obtain the

home study if the child is not in the custody of the Department.

2. The findings of the home study shall be set forth in a

written report provided to the court, the district attorney, the

child, and the guardian ad litem, if any, before the hearing. The

court may require additional information as necessary to make an

appropriate decision regarding the permanent guardianship.

D. 1. Before issuing an order of permanent guardianship, the

court shall find by clear and convincing evidence all of the

following:

a. the factual basis for establishing parental unfitness

or unavailability to provide adequate care for the

child,

b. termination of the rights of the parent is either not

legally possible or not in the best interests of the

child, or adoption is not the permanency plan for the

child,

c. the child has resided with the permanent guardian for

at least six (6) months, or the permanent guardian is

a relative with whom the child has a relationship,

d. a permanent guardianship is in the best interests of

the child, and

e. the proposed permanent guardian:

(1) is emotionally, mentally, physically, and

financially suitable to become the permanent

guardian,

(2) has expressly committed to remain the permanent

guardian for the duration of the child's

minority, and
he permanent guardian is

a relative with whom the child has a relationship,

d. a permanent guardianship is in the best interests of

the child, and

e. the proposed permanent guardian:

(1) is emotionally, mentally, physically, and

financially suitable to become the permanent

guardian,

(2) has expressly committed to remain the permanent

guardian for the duration of the child's

minority, and

(3) has expressly demonstrated a clear understanding

of the financial implications of becoming a

permanent guardian.

2. A decree of permanent guardianship divests the parents of

legal custody or guardianship of the child, but is not a termination

of parental rights.

E. Upon finding that grounds exist for a permanent

guardianship, the court may also order visitation with the parent,

siblings, or other relatives of the child if such contact would be

in the child's best interests as well as any other provision

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necessary to provide for the child's continuing safety and well-

being. The court shall order the parents to contribute to the

support of the child pursuant to child-support guidelines as

provided for in Sections 118 and 119 of Title 43 of the Oklahoma

Statutes.

F. 1. An order appointing a permanent guardian shall:

a. require that the placement be reviewed within one (1)

year after transfer, and may require the permanent

guardian to submit any records or reports the court

deems necessary for purposes of such review,

b. divest the Department of legal custody and supervision

of the child and the Department shall have no further

responsibility for the custody or supervision of the

child,

c. not require periodic reviews by the court thereafter

if the parties agree with the assent of the court that

the reviews are not necessary to serve the best

interests of the child, unless periodic reviews are

otherwise required by the court.

2. Unless periodic reviews are required, the court may close

the case, provided the order of permanent guardianship shall remain

in full force and effect subject to the provisions of this Code and:

a. shall remain in full force and effect and shall

control over any custody or child support order

entered in an administrative or district court action

initiated prior to or during the pendency of the

deprived action until it is modified by a subsequent

order of the district court, and

b. may be docketed and filed in the prior existing or

pending administrative or district court action;

provided, however, if there is no administrative or

district court action then in existence, the surviving

order may be used as the sole basis for opening a new

administrative or district court action in the same

county where the deprived action was pending or in the

county where the permanent guardian of the child

resides. When applicable, the clerk of the juvenile

court shall transmit the surviving order to the clerk

of the district court of the county where the order is

to be filed along with the names and last-known

addresses of the parents of the child. The clerk of

the district court shall immediately upon receipt open

a file without a filing fee, assign a new case number

and, when applicable, file the order and send by

first-class mail a copy of the order with the new or

prior existing case number back to the juvenile court

and to the parents of the child at their last-known

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address. The order shall not be confidential and may

be enforced or modified after being docketed and filed

in the prior existing or new administrative or

district court action.