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Okla. Stat. tit. 10A, § 10A-1-4-902

This is the official text of Okla. Stat. tit. 10A, § 10A-1-4-902, part of Oklahoma’s Stat. tit. 10A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 10A,." Browse the sections below, each linked to its official government source.

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Termination motion or petition by district attorney

Official statutory text

A. The district attorney shall file a petition or motion for

termination of the parent-child relationship and parental rights

with respect to a child or shall join in the petition or motion, if

filed by the child’s attorney, in any of the following

circumstances:

1. Prior to the end of the fifteenth month when a child has

been placed in foster care by the Department of Human Services for

fifteen (15) of the most recent twenty-two (22) months. For

purposes of this paragraph, a child shall be considered to have

entered foster care on the earlier of:

a. the date of adjudication as a deprived child, or

b. the date that is sixty (60) days after the date on

which the child is removed from the home;

2. No later than sixty (60) days after a child has been

judicially determined to be an abandoned infant;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 158

3. No later than sixty (60) days after a court has determined

that reasonable efforts to reunite are not required due to a felony

conviction of a parent of any of the following acts:

a. permitting a child to participate in child sexual

abuse material,

b. rape, or rape by instrumentation,

c. lewd molestation of a child under sixteen (16) years

of age,

d. child abuse or neglect,

e. enabling child abuse or neglect,

f. causing the death of a child as a result of the

physical or sexual abuse or chronic abuse or chronic

neglect of the child,

g. causing the death of a sibling of the child as a

result of the physical or sexual abuse or chronic

abuse or chronic neglect of the child’s sibling,

h. murder of any child or aiding or abetting, attempting,

conspiring in, or soliciting to commit murder of any

child,

i. voluntary manslaughter of any child,

j. a felony assault that has resulted in serious bodily

injury to the child or another child of the parent, or

k. murder or voluntary manslaughter of the child’s parent

or aiding or abetting, attempting, conspiring in, or

soliciting to commit murder of the child’s parent;

4. No later than ninety (90) days after the court has ordered

the individualized service plan if the parent has made no measurable

progress in correcting the conditions which caused the child to be

adjudicated deprived; or

5. After a period of fifteen (15) months if a parent has not

corrected the circumstances which led the child to be adjudicated to

be a deprived child and if the court makes a finding pursuant to

paragraph 16 of subsection B of Section 1-4-904 of this title.

B. If any of the following conditions exist, the district

attorney is not required to file a petition as provided in

subsection A of this section for a deprived child:

1. At the option of the Department or by order of the court,

the child is properly being cared for by a relative;

2. The Department has documented a compelling reason for

determining that filing a petition to terminate parental rights

would not serve the best interests of the child that may include

consideration of any of the following circumstances:

a. the parents or legal guardians have maintained a

relationship with the child and the child would

benefit from continuing this relationship,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 159

b. the child, who is twelve (12) years of age or older,

objects to the termination of the parent-child legal

relationship,

c. the foster parents of the child are unable to adopt

the child because of exceptional circumstances which

do not include an unwillingness to accept legal

responsibility for the child but are willing and

capable of providing the child with a stable and

permanent environment, and the removal of the child

from the physical custody of the foster parents would

be seriously detrimental to the emotional well-being

of the child because the child has substantial

psychological ties to the foster parents,

d. the child is not capable of achieving stability if

placed in a family setting, or
illing and

capable of providing the child with a stable and

permanent environment, and the removal of the child

from the physical custody of the foster parents would

be seriously detrimental to the emotional well-being

of the child because the child has substantial

psychological ties to the foster parents,

d. the child is not capable of achieving stability if

placed in a family setting, or

e. the child is an unaccompanied, refugee minor and the

situation regarding the child involves international

legal issues or compelling foreign policy issues; or

3. The state has not provided to the family of the child,

consistent with the time period in the state case plan, services

that the state deems necessary for the safe return of the child to

the child’s home, if reasonable efforts are required to be made with

respect to the child.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.