Okla. Stat. tit. 10A, § 10A-1-4-904

A. A court shall not terminate the rights of a parent to a

child unless:

1. The child has been adjudicated to be deprived either prior

to or concurrently with a proceeding to terminate parental rights;

and

2. Termination of parental rights is in the best interests of

the child.

B. The court may terminate the rights of a parent to a child

based upon the following legal grounds:

1. Upon the duly acknowledged written consent of a parent, who

voluntarily agrees to termination of parental rights.

a. The voluntary consent for termination of parental

rights shall be signed under oath and recorded before

a judge of a court of competent jurisdiction and

accompanied by the judge’s certificate that the terms

and consequences of the consent were fully explained

in detail in English and were fully understood by the

parent or that the consent was translated into a

language that the parent understood.

b. A voluntary consent for termination of parental rights

is effective when it is signed and may not be revoked

except upon clear and convincing evidence that the

consent was executed by reason of fraud or duress.

c. However, notwithstanding the provisions in this

paragraph, in any proceeding for a voluntary

termination of parental rights to an Indian child, the

consent of the parent may be withdrawn for any reason

at any time prior to the entry of a final decree of

termination. Any consent given prior to, or within

ten (10) days after, the birth of an Indian child

shall not be valid;

2. A finding that a parent who is entitled to custody of the

child has abandoned the child;

3. A finding that the child is an abandoned infant;

4. A finding that the parent of a child:

a. has voluntarily placed physical custody of the child

with the Department of Human Services or with a child-

placing agency for out-of-home placement,

b. has not complied with the placement agreement, and

c. has not demonstrated during such period a firm

intention to resume physical custody of the child or

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to make permanent legal arrangements for the care of

the child;

5. A finding that:

a. the parent has failed to correct the condition which

led to the deprived adjudication of the child, and

b. the parent has been given at least three (3) months to

correct the condition;

6. A finding that:

a. the rights of the parent to another child have been

terminated, and

b. the conditions that led to the prior termination of

parental rights have not been corrected;

7. A finding that a parent who does not have custody of the

child has, for at least six (6) out of the twelve (12) months

immediately preceding the filing of the petition or motion for

termination of parental rights, willfully failed or refused or has

neglected to contribute to the support of the child:

a. as specified by an order entered by a court of

competent jurisdiction adjudicating the duty, amount

and manner of support, or

b. where an order of child support does not exist,

according to the financial ability of the parent to

contribute to the child’s support.

Incidental or token support shall not be construed or considered in

establishing whether a parent has maintained or contributed to the

support of the child;

8. A finding that the parent has been convicted in a court of

competent jurisdiction in any state 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,
station 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, or soliciting to commit murder of any

child,

i. voluntary manslaughter of any child,

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j. a felony assault that has resulted in serious bodily

injury to the child or another child of the parents,

or

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

or aiding or abetting, attempting, conspiring, or

soliciting to commit murder of the child’s parent;

9. A finding that the parent has abused or neglected any child

or failed to protect any child from abuse or neglect that is heinous

or shocking;

10. A finding that the parent has previously abused or

neglected the child or a sibling of the child or failed to protect

the child or a sibling of the child from abuse or neglect and the

child or a sibling of the child has been subjected to subsequent

abuse;

11. A finding that the child was conceived as a result of rape

perpetrated by the parent whose rights are sought to be terminated;

12. A finding that the parent whose rights are sought to be

terminated is incarcerated, and the continuation of parental rights

would result in harm to the child based on consideration of the

following factors, among others:

a. the duration of incarceration and its detrimental

effect on the parent/child relationship,

b. any previous convictions resulting in involuntary

confinement in a secure facility,

c. the parent’s history of criminal behavior, including

crimes against children,

d. the age of the child,

e. any evidence of abuse or neglect or failure to protect

from abuse or neglect of the child or siblings of the

child by the parent,

f. the current relationship between the parent and the

child, and

g. the manner in which the parent has exercised parental

rights and duties in the past.

Provided, that the incarceration of a parent shall not in and of

itself be sufficient to deprive a parent of parental rights;

13. A finding that all of the following exist:

a. the parent has a diagnosed cognitive disorder, an

extreme physical incapacity, or a medical condition,

including behavioral health, which renders the parent

incapable of adequately and appropriately exercising

parental rights, duties, and responsibilities within a

reasonable time considering the age of the child, and

b. allowing the parent to have custody would cause the

child actual harm or harm in the near future.

A parent’s refusal or pattern of noncompliance with treatment,

therapy, medication, or assistance from outside the home can be used

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as evidence that the parent is incapable of adequately and

appropriately exercising parental rights, duties, and

responsibilities.

A finding that a parent has a diagnosed cognitive disorder, an

extreme physical incapacity, or a medical condition, including

behavioral health or substance dependency, shall not in and of

itself deprive the parent of parental rights;

14. A finding that:

a. the condition that led to the deprived adjudication

has been the subject of a previous deprived

adjudication of this child or a sibling of this child,

and

b. the parent has been given an opportunity to correct

the conditions which led to the determination of the

initial deprived child;

15. A finding that there exists a substantial erosion of the

relationship between the parent and child caused at least in part by

the parent’s serious or aggravated neglect of the child, physical or
ed

adjudication of this child or a sibling of this child,

and

b. the parent has been given an opportunity to correct

the conditions which led to the determination of the

initial deprived child;

15. A finding that there exists a substantial erosion of the

relationship between the parent and child caused at least in part by

the parent’s serious or aggravated neglect of the child, physical or

sexual abuse or exploitation of the child, a prolonged and

unreasonable absence of the parent from the child or an unreasonable

failure by the parent to visit or communicate in a meaningful way

with the child;

16. A finding that a child has been in foster care for not less

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

and that the parent has not corrected the circumstances which led

the child to be adjudicated to be a deprived child, unless:

a. a parent has made substantial progress toward

eliminating the problem that caused the child’s

placement in foster care, it is likely that the child

will be able to safely return to the parent’s home

within ninety (90) days, and the child’s return to the

parent’s home will be in the child’s best interests,

b. the child has a close and positive relationship with a

parent and a permanent plan that does not include

termination of parental rights will provide the most

secure and appropriate placement for the child,

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

firmly opposed to termination of parental rights, and

is likely to disrupt an attempt to place the child

with an adoptive family,

d. a parent is terminally ill but in remission, does not

want parental rights to be terminated, and has

designated a guardian for the child,

e. the child is not capable of functioning if placed in a

family setting. In such a case, the court shall

reevaluate the status of the child every ninety (90)

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days unless there is a court determination that the

child cannot be placed in a family setting,

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

case involves international legal issues or compelling

foreign policy issues,

g. adoption is not an appropriate plan for the child,

h. the parent’s incarceration constitutes the primary

factor in the child’s placement in substitute care and

termination of parental rights is not in the child’s

best interest, or

i. the parent’s participation in a court-ordered

residential substance abuse treatment program

constitutes the primary factor in the child’s

placement in substitute care and termination of

parental rights is not in the child’s best interest.

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

have entered foster care on the earlier of the adjudication date, or

the date that is sixty (60) days after the date on which the child

is removed from the home.

The court may also consider circumstances of the failure of the

parent to develop and maintain a parental bond with the child in a

meaningful, supportive manner, and whether allowing the parent to

have custody would likely cause the child actual serious

psychological harm or harm in the near future as a result of the

removal of the child from the substitute caregiver due to the

existence of a strong and positive bond between the child and

caregiver; and

17. A finding that a child younger than four (4) years of age

at the time of placement has been placed in foster care by the

Department of Human Services for at least six (6) of the twelve (12)

months preceding the filing of the petition or motion for

termination of parental rights and the child cannot be safely

returned to the home of the parent.

a. For purposes of this paragraph, a child shall be

considered to have entered foster care on the earlier

of:

(1) the adjudication date, or
laced in foster care by the

Department of Human Services for at least six (6) of the twelve (12)

months preceding the filing of the petition or motion for

termination of parental rights and the child cannot be safely

returned to the home of the parent.

a. For purposes of this paragraph, a child shall be

considered to have entered foster care on the earlier

of:

(1) the adjudication date, or

(2) the date that is sixty (60) days after the date

on which the child is removed from the home.

b. For purposes of this paragraph, the court may

consider:

(1) circumstances of the failure of the parent to

develop and maintain a parental bond with the

child in a meaningful, supportive manner, and

(2) whether allowing the parent to have custody would

likely cause the child actual serious

psychological harm or harm in the near future as

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a result of the removal of the child from the

substitute caregiver due to the existence of a

strong, positive bond between the child and

caregiver.

C. An order directing the termination of parental rights is a

final appealable order.

D. The provisions of this section shall not apply to adoption

proceedings and actions to terminate parental rights which do not

involve a petition for deprived status of the child. Such

proceedings and actions shall be governed by the Oklahoma Adoption

Code.