1. A. Except as otherwise provided in this section, only a person for whom a favorable written preplacement home study has been prepared may accept custody of a minor for purposes of adoption. A replacement home study is favorable if it contains a finding that the person is suited to be an adoptive parent, either in general or for a particular minor, and it is completed or brought current within twelve (12) months next preceding a placement of a minor with the person for adoption
2. B. A court may waive the requirement of a preplacement home study for good cause shown, but a person who is the subject of a waiver must be evaluated during the pendency of a proceeding for adoption.
3. C. A preplacement home study is not required if a parent or guardian places a minor directly with a relative of the minor for purposes of adoption, but a home study of the relative is required during the pendency of a proceeding for adoption.

4. D. For purposes of this subsection, the State of Oklahoma elects to make subparagraph (A) of paragraph 20 of subsection 3 of Section 471(a) of the Social Security Act (Public Law 105-89) inapplicable to Oklahoma. Instead, the State of Oklahoma requires that:

   1. 1. Except as otherwise provided by this subsection, a prospective adoptive parent shall not be approved for placement of a child if the petitioners or any other person residing in the home of the petitioners has been convicted of any of the following felony offenses:

      1. a. within the five-year period preceding the date of the petition, physical assault, domestic abuse, battery or a drug-related offense, except as otherwise authorized by this subsection,
      2. b. child abuse or neglect,
      3. c. a crime against a child, including, but not limited to, child pornography, and
      4. d. a crime involving violence, including, but not limited to,rape, sexual assault or homicide, but excluding physical assault or battery.
   2. 2. A prospective adoptive parent may be an approved placement regardless of whether such parent has been convicted of any of the felony offenses specified by subparagraph a of paragraph 1 of this subsection, if an evaluation has been made and accepted by the court which considers the nature and seriousness of the crime in relation to the adoption, the time elapsed since the commission of the crime, the circumstances under which the crime was committed, the degree of rehabilitation, the number of crimes committed by the person involved, and a showing by clear and convincing evidence that the child will not be at risk by such placement.
5. E. Under no circumstances shall a child be placed in the custody of an individual subject to the Oklahoma Sex Offenders Registration Act or an individual who is married to or living with an individual subject to the Oklahoma Sex Offenders Registration Act.

Laws 1997, HB 1241, c. 366, § 29, eff. November 1, 1997; Amended by Laws 1998, HB 2829, c. 415, § 23, emerg. eff. June 11, 1998 (superseded document available).