1. A. Pursuant to the provisions of the Oklahoma Children's Code, the finding that a child is delinquent, in need of supervision or deprived shall not deprive the parents of the child of their parental rights, but a court may terminate the rights of a parent to a child in the following situations; provided, however, the paramount consideration in proceedings concerning termination of parental rights shall be the health, safety or welfare and best interests of the child:

   1. 1. Upon a written consent of a parent, including a parent who is a minor, acknowledged as provided in paragraph 4 of subsection B of Section 7503-2.1 of this title, who desires to terminate such parent's parental rights; provided that the court finds that such termination is in the best interests of the child;

   2. 2. A finding that a parent who is entitled to custody of the child has abandoned the child. For purposes of this paragraph the term "abandonment" includes, but is not limited to, the following:

      1. a. the parent has willfully left the child alone or in the care of another who is not the parent of the child without identifying the child or furnishing a means of identification for the child, the whereabouts of the parents are unknown, and the child's identity cannot be ascertained by the exercise of reasonable diligence,
      2. b. the parent has voluntarily left the child alone or in the care of another who is not the parent of the child and expressed a willful intent by words, actions, or omissions not to return for the child, or
      3. c. the parent fails to maintain a significant relationship with the child through visitation or communication for a period of six (6) consecutive months out of the last fourteen (14) months immediately preceding the filing of a petition for termination of parental rights. Incidental or token visits or communications shall not be construed or considered in establishing whether a parent has maintained a significant relationship with the child;
   3. 3. A finding that the child is an abandoned infant;

   4. 4. A finding that the parent of a child:

      1. 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,
      2. b. has not complied with the placement agreement, and
      3. c. has not demonstrated during such period a firm intention to resume physical custody of the child or to make permanent legal arrangements for the care of the child;

   5. 5. A finding that:

      1. a. the child has been adjudicated to be deprived, and
      2. b. such condition is caused by or contributed to by acts or omissions of the parent, and
      3. c. termination of parental rights is in the best interests of the child, and
      4. d. the parent has failed to show that the condition which led to the adjudication of a child deprived has been corrected although the parent has been given not less than the time specified by Section 7003-5.5 of this title to correct the condition;
   6. 6. A finding that a subsequent child has been born to a parent whose parental rights to any other child has been terminated by the court; provided, that the applicant shall show that the condition which led to the making of the finding which resulted in the termination of such parent's parental rights to the other child has not been corrected. As used in this paragraph, the term "applicant" shall include, but not be limited to, a district attorney or the child's attorney;

   7. 7. A finding that a parent who does not have custody of the child has for a period of twelve (12) consecutive months out of the last fourteen (14) months immediately preceding the filing of a petition for termination of parental rights, willfully failed, refused or neglected to contribute to the support of such child:

      1. a. in substantial compliance with an order entered by a court of competent jurisdiction adjudicating the duty, amount and manner of support, or

      2. b. according to such parent's financial ability to contribute to such child's support if no provision for support is provided in an order.

         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. 8. A conviction in a criminal action pursuant to the provisions of Sections 1021.3, 1111 or 1123 of Title 21 of the Oklahoma Statutes, or Section 7115 of this title;

   9. 9. A conviction in a criminal action that the parent:

      1. a. caused the death of a child as a result of the physical or sexual abuse or chronic abuse or chronic neglect of such child,
      2. b. caused the death of a sibling of the child as a result of the physical or sexual abuse or chronic abuse or chronic neglect of such sibling,
      3. c. committed the murder of any child or aided or abetted, attempted, conspired or solicited to commit murder of any child,
      4. d. committed voluntary manslaughter of another child of the parent, or aided or abetted, attempted, conspired or solicited to commit voluntary manslaughter of another child of the parent, or
      5. e. committed a felony assault that has resulted in serious bodily injury to the child or another child of the parent;

   10. 10. A finding in a deprived child action either that:

       1. a. the parent has physically or sexually abused the child or a sibling of such child or failed to protect the child or a sibling of such child from physical or sexual abuse that is heinous or shocking to the court,
       2. b. the child or sibling of such child has suffered severe harm or injury as a result of such physical or sexual abuse,
       3. c. the parent has physically or sexually abused the child or a sibling of such child or failed to protect the child or a sibling of such child from physical or sexual abuse subsequent to a previous finding that such parent has physically or sexually abused the child or a sibling of such child or failed to protect the child or a sibling of such child from physical or sexual abuse,
       4. d. the child has been adjudicated a deprived child, pursuant to the provisions of the Oklahoma Children's Code, as a result of a single incident of severe sexual abuse, severe neglect or the infliction of serious bodily injury or torture to the child, a sibling of the child, or a child within the household where the child resides, by the parent of the child, or
       5. e. the parent has inflicted chronic abuse, chronic neglect or torture on the child, a sibling of the child or another child within the household where the child resides;
   11. 11. The child was conceived as a result of rape or an act committed outside of this state which if committed in this state would constitute rape. This paragraph shall only apply to the parent who committed the rape or act and whose child has been placed out of the home;

   12. 12. A finding that all of the following exist:

       1. a. the child has been adjudicated deprived, and
       2. b. custody of the child has been placed outside the home of a natural or adoptive parent, guardian or extended family member, and
       3. c. the parent whose rights are sought to be terminated has been incarcerated, and
       4. d. the continuation of parental rights would result in harm to the child based on consideration of the following factors, among others: the duration of incarceration and its detrimental effect on the parent/child relationship; any previous incarcerations; any history of criminal behavior, including crimes against children; the age of the child; the evidence of abuse or neglect of the child or siblings of the child by the parent; and the current relationship between the parent and the child and the manner in which the parent has exercised parental rights and duties in the past, and

       5. e. termination of parental rights is in the best interests of the child.

          Provided, that the incarceration of a parent shall not in and of itself be sufficient to deprive a parent of parental rights;

   13. 13. A finding that all of the following exist:

       1. a. the child has been adjudicated deprived, and
       2. b. custody of the child has been placed outside the home of a natural or adoptive parent, guardian or extended family member, and
       3. c. the parent whose rights are sought to be terminated has a mental illness or mental deficiency, as defined by Section 6-201 of Title 43A of the Oklahoma Statutes, which renders the parent incapable of adequately and appropriately exercising parental rights, duties and responsibilities, and
       4. d. the continuation of parental rights would result in harm or threatened harm to the child, and
       5. e. the mental illness or mental deficiency of the parent is such that it will not respond to treatment, therapy or medication and, based upon competent medical opinion, the condition will not substantially improve, and

       6. f. termination of parental rights is in the best interests of the child.

          Provided, a finding that a parent has a mental illness or mental deficiency shall not in and of itself deprive the parent of his or her parental rights;

   14. 14. The parent of the child has a history of extensive, abusive and chronic use of drugs or alcohol and has resisted treatment for this problem during a three-year period immediately prior to the filing of the petition which brought that child to the court's attention;

   15. 15. A child has been placed in foster care by the Department of Human Services for fifteen (15) of the most recent twenty-two (22) months. For purposes of this paragraph, a child shall be considered to have entered foster care on the earlier of:

       1. a. the adjudication date, or
       2. b. the date that is sixty (60) days after the date on which the child is removed from the home.
2. B. An order directing the termination of parental rights is a final appealable order.
3. C. 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.

4. D.

   1. 1. A petition for termination of parental rights may be filed by the district attorney or the attorney of a child alleged to be or adjudicated deprived.
   2. 2. A petition for termination of parental rights shall be filed by the district attorney for those petitions required to be filed pursuant to the provisions of Section 7003-4.7 of this title.
   3. 3. If a child's attorney files a petition for the termination of the parental rights of the parents of the child, the district attorney shall join in the petition or motion for those petitions or motions required to be filed by the district attorney pursuant to the provisions of Section 7003-4.7 of this title.

Laws 1968, SB 446, c. 282, § 130, eff. January 13, 1969; Amended by Laws 1975, HB 1143, c. 250, § 1, emerg. eff. June 2, 1975; Amended by Laws 1977, HB 1121, c. 259, § 17, eff. October 1, 1977; Amended by Laws 1983, SB 481, c. 291, emerg. eff. June 10, 1983; Amended by Laws 1986, SB 477, c. 243, § 1, emerg. eff. June 12, 1986; Amended by Laws 1987, HB 1348, c. 95, § 1, emerg. eff. May 18, 1987; Amended by Laws 1993, SB 285, c. 253, § 4, emerg. eff. May 26, 1993; Amended by Laws 1993, SB 581, c. 360, § 2, eff. September 1, 1993; Amended by Laws 1994, SB 775, c. 309, § 1, emerg. eff. June 7, 1994; Amended by Laws 1995, HB 1978, c. 352, § 65, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1130 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1997, HB 1241, c. 366, § 56, eff. November 1, 1997 (superseded document available); Amended by Laws 1997, HB 2133, c. 389, § 8, eff. November 1, 1997 (superseded document available); Amended by Laws 1998, HB 3348, c. 5, § 6, emerg. eff. March 4, 1998 (superseded document available); Amended by Laws 1998, HB 2816, c. 414, § 20, emerg. eff. June 11, 1998 (superseded document available); Amended by Laws 2000, HB 2452, c. 374, § 28, emerg. eff. July 1, 2000 (superseded document available).