1. A.

   1. 1. When a child has been adjudicated deprived pursuant to the provisions of Section 7003-4.5 of this title, the court may enter a dispositional order on the same day, but in any event the court shall hold a dispositional hearing and enter such order within forty (40) days of such adjudication unless the court finds on the record that the best interests of the child will be served by granting a delay.
   2. 2. If the court grants a delay, the court shall state why the delay is necessary and shall state the minimum amount of time needed to resolve any such reasons for the delay. The court shall schedule the dispositional hearing at the earliest possible time following the delay.
2. B. 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.

3. C. The following kinds of orders of disposition may be made in respect to wards of the court pursuant to a deprived child proceeding:

   1. 1.

      1. a. The court may place the child under supervision by the Department of Human Services in the child's own home, or in the custody of a suitable person elsewhere. If a child has been removed from the custodial parent of the child and the court, in the best interests of the child, is unable to release the child to the custodial parent, the court shall give priority for placement of the child with the noncustodial parent of the child unless such placement would not be in the child's best interests. If the court cannot place the child with the noncustodial parent, custody shall be consistent with the provisions of Section 21.1 of this title. If custody of the child cannot be made pursuant to the provisions of Section 21.1 of this title, the reason for such determination shall be documented in the court record. The court may require the parent or other person to comply with such conditions as the court may require and to give security by bond, with surety or sureties approved by the court, for compliance with such order.
      2. b. If it is consistent with the welfare of the child, the child shall be returned to the child's parent, legal guardian or custodian. Provided, that if it appears to the court that the conduct of the parent, legal guardian, custodian, or that a stepparent or other adult person living in the home has contributed to such deprivation, the court may issue a written order specifying conduct to be followed by such parent, legal guardian, custodian, stepparent or other adult person living in the home with respect to such child. The conduct specified shall be such as would reasonably prevent the child from becoming or continuing to be deprived.
      3. c. The order placing the child under supervision by the Department in the child's own home shall remain in effect for a period of not more than one (1) year, to be specified by the court, and the order may be extended or renewed by the court.
   2. 2. The court may place the child in the custody of a suitable individual subject to the conditions and restrictions specified in Section 7003-8.1 of this title.
   3. 3. The court may place the child in the custody of a private institution or agency, including any institution established and operated by the county, authorized to care for children or to place them in family homes. In placing a child in a private institution or agency, the court shall select one that is licensed by the Department or any other state department supervising or licensing private institutions and agencies; or, if such institution or agency is in another state, by the analogous department of that state. Whenever the court shall place a child in any institution or agency, it shall transmit with the order of commitment a summary of its information concerning the child, and such institution or agency shall give to the court such information concerning the child as the court may at any time require.
   4. 4. The court may order the child to receive counseling or other community-based services as necessary.
   5. 5. The court may place the child in the custody of the Department.
   6. 6. If the child has been placed outside the home, and it appears to the court that the parent, legal guardian, custodian, stepparent, or other adult person living in the home has contributed to the deprivation of the child, the court may order that the parent, legal guardian, custodian, stepparent, or other adult living in the home be made subject to any treatment or placement plan prescribed by the Department or other person or agency receiving custody of the child.

   7. 7.

      1. a. The court may order a child's permanent care and custody transferred to another person, subject to residual parental rights and responsibilities and subject to such orders of the court as deemed necessary for the health, safety or welfare of the child pursuant to the provisions of this paragraph, upon the written consent of both parents of the child or upon the consent of one parent only if:

         1. (1) the other parent is deceased,
         2. (2) the other parent has been determined by a court of law to be incompetent or incapacitated,
         3. (3) the other parent's whereabouts or identity is unknown. This fact shall be attested to by an affidavit of the consenting parent,
         4. (4) the other parent who is eighteen (18) years of age or older, has signed a statement consenting to the transfer, executed before a notary public,
         5. (5) the parental rights of the other parent has been terminated,
         6. (6) the other parent has been or is found by the court of law to be unfit or unable to exercise parental rights and responsibilities for the child based upon situations enumerated in Section 7006-1.1 of this title,
         7. (7) is or has been subject to the registration requirements of the Oklahoma Sex Offenders Registration Act or any similar act in any other state, or
         8. (8) has abandoned the child or is determined by the court to be otherwise unfit to assume custody of the child for any other reason.

      2. b. Prior to the entry of an order transferring the permanent care and custody of a child, the court shall receive an investigation and report regarding the background and home of the prospective custodian. Such investigation and report of the prospective custodian shall be made pursuant to the requirements of the Oklahoma Adoption Code. The Department of Human Services shall only be required by the court to make the home study and report as specified by this paragraph in the following circumstances:

         1. (1) the Department has previously conducted a home study on the prospective custodian within the past three (3) years, or
         2. (2) the child is in the custody or under the legal supervision of the Department.

      3. c. Upon the entry of an order providing for the transfer of the permanent care and custody of a child, the order shall remain in full force and effect until:

         1. (1) the child reaches the age of eighteen (18) years,
         2. (2) the child marries or is legally emancipated, or

         3. (3) the parent who consented to the transfer of the permanent care and custody of the child petitions the court for the recovery of the child and the court finds after evidentiary hearing:

            1. (a) the child has been abused or neglected while in the care and custody of the custodian, and
            2. (b) it is in the best interests of the child that custody of the child be returned to the parents,
         4. (4) the district attorney, attorney for the child, or custodian petitions the court for modification of the order transferring permanent care and custody and the court finds after evidentiary hearing that it is in the best interests of the child for the order to be modified and the custody of the child be given to another person, pursuant to the Oklahoma Guardianship and Conservatorship Act or the Oklahoma Children's Code,
         5. (5) the order terminates because of the death or incapacity of the custodian or the death of the child, or
         6. (6) the child is adopted.

      4. d. An order providing for the transfer of the permanent care and custody of a child:

         1. (1) shall require that the placement be reviewed within one (1) year after transfer and may require the person to whom custody is transferred to submit any records or reports the court deems necessary for purposes of such review. Such order shall not require the Department to supervise the placement during such period,
         2. (2) shall not require periodic reviews by the court thereafter if the parties agree with the assent of the court that such reviews are not necessary to serve the best interests of the child, and
         3. (3) unless periodic reviews are required pursuant to this subparagraph, the court may close the case, provided the order transferring the permanent care and custody of the child shall remain in full force and effect subject to the provisions of subparagraph b of this paragraph.

   8. 8.

      1. a. When reunification of the family is not recommended or possible, as determined by the court, the court may order a child's permanent care and custody transferred to a kinship guardian subject to residual parental rights and responsibilities and subject to such orders of the court as deemed necessary for the health, safety or welfare of the child. Kinship guardianship shall include, but not be limited to, the following parental responsibilities with respect to a child:

         1. (1) protection,
         2. (2) education,
         3. (3) care and control,
         4. (4) custody, and
         5. (5) decision making.
      2. b. A kinship foster parent may file a petition with the court to be appointed as kinship guardian for a child.

      3. c. The petition for kinship guardianship shall allege that:

         1. (1) the child is in the legal custody of the Department,
         2. (2) more than twelve (12) months have passed since the date of the dispositional order placing such child in the legal custody of the Department,
         3. (3) the parents of the child are presently and for the foreseeable future unable to provide proper and adequate care for the child,
         4. (4) the prospective kinship guardian consents to the appointment,
         5. (5) the child has resided with the kinship foster parent and there exists a loving and emotional tie between the child and the kinship foster parent, and
         6. (6) it would be in the best interests of the child for the petition to be granted.
      4. d. Notice of the petition and a copy of the petition shall be served upon the parties, the Department, and the guardian ad litem of the child, if any.
      5. e. Prior to the entry of an order appointing a kinship guardian, the court shall receive the most recent report regarding the background and home of the prospective kinship guardian.
      6. f. If the court finds that the elements of the petition have been proven based on clear and convincing evidence, or upon the consent of all parties, the court shall grant the petition.
      7. g. An order appointing a person as a kinship guardian shall award custody of the child to the kinship guardian. A kinship guardian shall have the same authority as a parent to consent on behalf of a child, except that a kinship guardian shall not consent to the adoption or surrender of a child.

      8. h. Upon the entry of an order providing for the transfer of the permanent care and custody of a child to a kinship guardian, the order shall remain in full force and effect until:

         1. (1) the child reaches the age of eighteen (18) years,
         2. (2) the child is married or legally emancipated,

         3. (3) the court finds after evidentiary hearing:

            1. (a) the child has been abused or neglected while in the care and custody of the kinship guardian, and
            2. (b) it is in the best interests of the child that custody of the child be returned to the parents,
         4. (4) the district attorney, an attorney for the child, or the kinship guardian petitions the court for modification of the order transferring permanent care and custody to a kinship guardian and the court finds after evidentiary hearing that it is in the best interests of the child for the order to be modified and the custody of the child be given to another person, pursuant to the Oklahoma Guardianship and Conservatorship Act or the Oklahoma Children's Code,
         5. (5) the order terminates because of the death or incapacity of the kinship guardian or the death of the child, or
         6. (6) the child is adopted.

      9. i. An order appointing a kinship guardian shall:

         1. (1) require that the placement be reviewed within one (1) year after transfer and may require the kinship guardian to whom custody is transferred to submit any records or reports the court deems necessary for purposes of such review. Such order shall not require the Department to supervise the placement during such period,
         2. (2) not require periodic reviews by the court thereafter if the parties agree with the assent of the court that such reviews are not necessary to serve the best interests of the child, unless periodic reviews are otherwise required by the court, and
         3. (3) unless periodic reviews are required, the court may close the case, provided the order transferring permanent care and custody to a kinship guardian shall remain in full force and effect subject to the provisions of this subparagraph.
      10. j. Except as otherwise provided by the court, the appointment of a kinship guardian shall not affect or impair the visitation rights of a parent.
   9. 9. Except as otherwise provided by law, the court may dismiss the petition and terminate its jurisdiction at any time for good cause shown when doing so is in the best interests of the child.
4. D. Any order entered pursuant to this section shall include a statement informing the child's parent that the consequences of noncompliance with the requirement of the court may include termination of the parent's rights with respect to the child or shall include a statement informing the child’s legal guardian or custodian that the consequences of noncompliance with the requirement of the court may include removal of the child from the custody of the legal guardian or custodian.

5. E.

   1. 1. Except as otherwise provided in subsection F of this section, in any dispositional order removing a child from the home of the child, the court shall make a determination as to whether, in accordance with the best interests of the child:

      1. a. reasonable efforts have been made to provide for the safe return of the child to the child's own home, or
      2. b. reasonable efforts to reunite the family are not feasible, and reasonable efforts are being made to secure an alternate permanent placement for the child.
   2. 2. In determining reasonable efforts to be made with respect to a child and in making such reasonable efforts, the child's health, safety or welfare shall be the paramount concern.

6. F.

   1. 1. At any hearing held pursuant to the provisions of this section, if the court finds that continuation of reasonable efforts to return the child home are inconsistent with the permanency plan for a child, the court shall determine whether reasonable efforts have been made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child.
   2. 2. Reasonable efforts to reunite the child with the child's family shall not be required however, pursuant to the provisions of Section 7003-4.6 of this title.

7. G.

   1. 1. If it is consistent with the welfare of the child, in cases where the child has been adjudicated to be deprived due to repeated absence from school, the court may order counseling and treatment for the child and the parents of the child to be provided by the local school district, the county, the Department or a private individual or entity.
   2. 2. Prior to final disposition, the court shall require that it be shown by the appropriate school district that a child found to be truant has been evaluated for literacy, learning disabilities, mental retardation, and hearing and visual impairments and other impediments which could constitute an educational handicap. The results of such tests shall be made available to the court for use by the court in determining the disposition of the case.
   3. 3. No child who has been adjudicated deprived upon the basis of noncompliance with the mandatory school attendance law alone may be placed in a public or private institutional facility or be removed from the custody of the lawful parent, legal guardian or custodian of the child.
   4. 4. A deprived adjudication based solely upon repeated absence from school shall not constitute a ground for termination of parental rights.
8. H. In any dispositional order involving a child sixteen (16) years of age or older, the court shall make a determination, where appropriate, of the services needed to assist the child to make the transition from out-of-home care to independent living.

9. I. In accordance with the safety or well-being of any child, the court shall determine in any dispositional hearing whether reasonable efforts have been made to:

   1. 1. Place siblings, who have been removed, together in the same foster care, guardianship or adoptive placement; and
   2. 2. Provide for frequent visitation or other ongoing interaction in the case of siblings who have been removed and who are not placed together.

10. J.

    1. 1. If reasonable efforts are required for the return of the child to the child's home, the court shall allow the parent of the child not less than three (3) months to correct conditions which led to the adjudication of the child as a deprived child prior to terminating the parental rights of the parent pursuant to the provisions of Section 7006-1.1 of this title.
    2. 2. The court shall not terminate the rights of a parent who has not been notified that the parental rights might be terminated.
    3. 3. If the court terminates the rights of a parent and places the child with an individual or agency, the court may invest in such individual or agency authority to consent to the adoption of the child. Provided, that where the court places the child with the Department, it shall vest the Department with authority to place the child and, upon notice to the court that an adoption petition has been filed concerning such child, invest the Department with authority to consent to the adoption of the child, and the jurisdiction of the committing court shall terminate upon final decree of adoption.

11. K.

    1. 1. When the juvenile court assumes jurisdiction over a child pursuant to Article III of this Code, an order concerning child support or the legal custody of the child that has been previously entered in any other administrative or district court proceeding shall be subject to modification by the juvenile court during the pendency of the deprived action. When the juvenile court terminates its jurisdiction over the child in the deprived action, the most recent order which determines child support or awards legal custody of the child to a parent or other person shall remain in full force and effect and shall control over any prior custody or child support order entered in an administrative or district court action.
    2. 2. The surviving custody or child support order from the deprived action may be docketed and filed in the prior existing or pending administrative or district court action; provided, however, if there is no administrative or district court action then in existence, the surviving order may be used as the sole basis for opening a new administrative or district court action in the same county where the deprived action was pending or in the county where the legal custodian of the child resides. When applicable, the clerk of the juvenile court shall transmit the surviving order to the clerk of the district court of the county where the order is to be filed along with the names and last-known addresses of the parents of the child. The clerk of the district court shall immediately upon receipt open a file without a filing fee, assign a new case number and, when applicable, file the order and send by first-class mail a copy of the order with the new or prior existing case number back to the juvenile court and to the parents of the child at their last-known address. The order shall not be confidential and may be enforced or modified after being docketed and filed in the prior existing or new administrative or district court action.

Laws 1968, SB 446, c. 282, § 116, eff. January 13, 1969; Amended by Laws 1977, HB 1125, c. 79, § 3; Amended by Laws 1979, SB 234, c. 248, § 2, eff. October 1, 1979; Amended by Laws 1981, SB 112, c. 238, § 3, eff. October 1, 1981; Amended by Laws 1982, HB 1468, c. 312, § 23, eff. October 1, 1982; Amended by Laws 1986, HB 1856, c. 286, § 2, eff. November 1, 1986; Amended by Laws 1989, HB 1026, c. 125, § 1, eff. November 1, 1989; Amended by Laws 1989, SB 292, c. 363, § 8, eff. November 1, 1989; Amended by Laws 1990, HB 1799, c. 100, § 2, emerg. eff. July 1, 1990; Amended by Laws 1990, HB 2354, c. 302, § 7, eff. September 1, 1990; Amended by Laws 1991, HB 1721, c. 296, § 17, eff. September 1, 1991; Amended by Laws 1992, HB 1544, c. 298, § 27, eff. July 1, 1993; Amended by Laws 1993, HB 1257, HB 1257, c. 74, § 2, eff. September 1, 1993; Amended by Laws 1994, HB 1858, c. 95, § 1, eff. September 1, 1994; Amended by Laws 1994, HB 2640, c. 290, § 41, eff. July 1, 1994; Amended by Laws 1995, HB 1978, c. 352, § 32, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1116 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1997, HB 2133, c. 389, § 5, eff. November 1, 1997 (superseded document available); Amended by Laws 1998, SB 1224, c. 421, § 18, emerg. eff. June 11, 1998 (superseded document available); Amended by Laws 2000, HB 2452, c. 374, § 18, emerg. eff. July 1, 2000 (superseded document available); Amended by Laws 2001, HB 1062, c. 141, § 3, emerg. eff. April 30, 2001 (superseded document available); Amended by Laws 2006, HB 2656, c. 258, § 3, emerg. eff. June 7, 2006 (superseded document available); Amended by Laws 2009, SB 339, c. 160, § 3, emerg. eff. May 11, 2009 (superseded document available).