1. A. In placing a child in the custody of an individual or in the custody of a private agency or institution, the court shall, and the Department of Human Services shall, if at all possible, select a person or an agency or institution governed by persons of the same religious faith as that of the parents of the child, or in case of a difference in the religious faith of the parents, then of the religious faith of the child, or, if the religious faith of the child is not ascertainable, then of the faith of either of the parents.
2. B. Except as otherwise provided by this section or by law, it shall be left to the discretion of the judge to place the custody of children where their total needs will best be served.
3. C. If the child is removed from the custody of the child's parent, the court or the Department of Human Services, as applicable, shall immediately consider concurrent permanency planning, so that permanency may occur at the earliest opportunity. Consideration should be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child.

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, on and after the effective date of this act, the Department or a child-placing agency shall not place a child in out-of-home placement with a foster parent if the foster parent or any other person residing in the home of the foster parent has been convicted of any of the following felony offenses:

      1. a. within the five-year period preceding the application date, physical assault, battery or a drug-related offense,
      2. b. child abuse or neglect,
      3. c. domestic abuse,
      4. d. a crime against a child, including, but not limited to, child pornography, or
      5. e. a crime involving violence, including, but not limited to, rape, sexual assault or homicide, but excluding physical assault or battery; and

   2. 2.

      1. a. A prospective adoptive parent or guardian or kinship guardian or other long-term placement provider shall not be an approved placement for the child if the person or any other person residing in the home has been convicted of any of the following felony offenses:

         1. (1) within the five-year period preceding the date of the petition, physical assault, battery or a drug-related offense, except as otherwise authorized by this subsection,
         2. (2) child abuse or neglect,
         3. (3) domestic abuse,
         4. (4) a crime against a child, including, but not limited to, child pornography, and
         5. (5) a crime involving violence, including, but not limited to, rape, sexual assault or homicide, but excluding physical assault or battery.
      2. b. A prospective adoptive parent or long-term placement provider may be an approved placement regardless of whether such parent or provider has been convicted of any of the felony offenses specified by division (1) of subparagraph a of this paragraph, 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 or long-term placement, 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.

   1. 1. 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.
   2. 2. In addition, prior to placing a child in the custody of an individual, the court shall inquire as to whether the individual has been previously convicted of any other felony or a relevant misdemeanor or has any felony or relevant misdemeanor charges pending.
   3. 3. Prior to the custody order being entered, the person seeking custody shall respond by certified affidavit or through sworn testimony to the court and shall provide an Oklahoma criminal history record obtained pursuant to Section 150.9 of Title 74 of the Oklahoma Statutes. The person may also provide a local background check obtained from a county sheriff upon payment of Ten Dollars ($10.00) to the sheriff's office in the county of residence of the individual.

   4. 4. For purposes of this subsection the terms:

      1. a. "relevant misdemeanor" may include, but shall not be limited to, assault and battery, alcohol- or drug-related offenses, crimes involving domestic abuse, and other offenses deemed relevant by the court, and
      2. b. "individual" shall not include a parent, legal guardian, or custodian of the child.
6. F. The provisions of this section shall not apply in any paternity or domestic relations case, unless otherwise ordered by the court.

Laws 1968, SB 446, c. 282, § 119, eff. January 13, 1969; Amended by Laws 1995, HB 1978, c. 352, § 40, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1119 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1996, HB 2053, c. 200, § 11, eff. November 1, 1996; Amended by Laws 1998, SB 1261, c. 322, § 1, eff. November 1, 1998 (superseded document available); Amended by Laws 1998, HB 2826, c. 414, § 19, emerg. eff. June 11, 1998 (superseded document available); Amended by Laws 1999, HB 1845, c. 1, § 2, emerg. eff. February 24, 1999 (superseded document available).