Okla. Stat. tit. 30, § 30-2-101

Notice.

A. The court of each county, when it appears necessary or

convenient, may appoint guardians for the persons and estates, or

either, or both of them, of minors. When appointing guardians,

preference shall be given to relatives and persons who have a

kinship relationship with the minor.

B. Such appointment may be made on the verified petition of a

relative or other person in behalf of such minor.

C. 1. Before making the appointment, the court may receive an

investigation and report regarding the background and home of the

prospective guardian. The investigation and report of the

prospective guardian and placement restrictions and requirements

shall be made pursuant to the requirements of the Oklahoma Adoption

Code. In determining whether to require a home study pursuant to

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the provisions of this paragraph, the court shall balance the need

for a home study to protect the best interests of the minor with the

ability of the prospective guardian to pay for the home study.

2. a. Costs of the home study shall be assessed against any

private child-placing agency having custody of the

child, or the person having legal custody of the child

or the prospective guardians of the child.

b. (1) For any child in the custody of the Department of

Human Services or the Office of Juvenile Affairs,

the applicable Department shall conduct or

provide for the home study for such child as

required by the Oklahoma Children’s Code or the

Oklahoma Juvenile Code.

(2) The Department of Human Services or the Office of

Juvenile Affairs shall not be required by any

court to conduct or provide for a home study and

report to the court on guardianship placements

for any child that is not in the custody of

either Department.

3. An order appointing a guardian of the minor who has a parent

living or other person legally responsible for the child shall

comply with the provisions of Section 2-108 of this title.

4. Except in the case of an emergency guardianship placement,

the court shall receive a background check for a prospective

guardian and all other household members eighteen (18) years of age

and older, consisting of a review of a national fingerprint-based

criminal background check or an Oklahoma State Bureau of

Investigation name-based criminal history background check, a search

of the Department of Corrections’ files maintained pursuant to the

Sex Offenders Registration Act, and a search of the child abuse and

neglect information system (CANIS) maintained for review by

authorized entities by the Department of Human Services. The

Department may charge a fee not to exceed Thirty-five Dollars

($35.00) for each search performed pursuant to this paragraph. In

the case of an emergency placement, the court may waive the

requirement for a CANIS search if it cannot be obtained in a

reasonable time and the court determines that it is in the minor’s

best interest that the CANIS search be waived.

D. In addition, before making the appointment, the court must

cause notice of the hearing on the petition for appointment of a

guardian for a minor to be given in the form required by the court

to the minor if the minor has attained the age of fourteen (14) as

of the date the petition is filed. The court shall also cause

notice to be sent to the following persons:

1. The then-living parents of the minor and any other person

having custody of the minor, if such parent or person is not one of

the petitioners;

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2. If the minor has no then-living parent, then to one of the

then-living grandparents who is not one of the petitioners and who

is not married to one of the petitioners; and

3. If there is no such then-living grandparent or if there is

no such then-living grandparent whose address is known to the

petitioner, then notice shall be given to an adult relative, if any,
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2. If the minor has no then-living parent, then to one of the

then-living grandparents who is not one of the petitioners and who

is not married to one of the petitioners; and

3. If there is no such then-living grandparent or if there is

no such then-living grandparent whose address is known to the

petitioner, then notice shall be given to an adult relative, if any,

of the minor residing in the county in which the petition was filed.

E. Such notice shall be mailed to each person entitled to

notice pursuant to this section, at that person’s address as last-

known to the petitioner, at least ten (10) days prior to the date

set by the court for hearing on the petition. Provided, the court

may direct a shorter notice period if the court deems such shorter

notice period to be appropriate under the circumstances. If there

is no person other than the minor who is entitled to notice, or if

the address of any person, other than the minor, who is entitled to

notice is not known to the petitioner, the petition shall so allege.

The court may direct that notice, other than notice to the minor if

the minor has attained the age of fourteen (14), be waived or be

given to any person or persons other than the minor in such manner

as the court determines and directs.

R.L. 1910, § 6522. Amended by Laws 1953, p. 244, § 64; Laws 1969,

c. 302, § 27, eff. Jan. 1, 1970; Laws 1988, c. 329, § 25, eff. Dec.

1, 1988. Renumbered from § 761 of Title 58 by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 19,

operative July 1, 1990; Laws 2004, c. 158, § 1; Laws 2018, c. 196, §

1, eff. Nov. 1, 2018; Laws 2019, c. 401, § 1, eff. Nov. 1, 2019;