reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 10. Children › §10-1430.36. Appointment of receiver.

A. The court may appoint any qualified person as a receiver, except it shall not appoint any employee or affiliate of the provider or licensee which is in receivership as its receiver. The Department of Human Services shall maintain a list of such persons to operate group homes which the court may consider.
B. The receiver shall make provisions for the continued health, safety and welfare of all residents of the group home.
C. A receiver appointed pursuant to the Group Homes for Persons with Developmental or Physical Disabilities Act shall exercise those powers and shall perform those duties set out by the court. These powers and duties may include those generally ascribed to receivers and receiverships and may also include the powers and duties of trustees under the current Bankruptcy Code for the State of Oklahoma. The court shall provide for the receiver to have sufficient power and duties to ensure that the residents receive adequate care.
Added by Laws 1987, c. 225, § 36, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 36, eff. Nov. 1, 1996; Laws 1996, c. 354, § 36, eff. Nov. 1, 1996. Renumbered from § 1-818.36 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 27, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.37. Expenses of receiver - Insufficient funds - Compensation of receiver.

A. If funds are insufficient to meet the expenses of performing the powers and duties conferred on the receiver appointed pursuant to the Group Homes for Persons with Developmental or Physical Disabilities Act, or if there are insufficient funds on hand to meet those expenses, the Department of Human Services may reimburse the receiver for those expenses from funds available.
B. The court shall set the compensation of the receiver, which shall be considered a necessary expense of a receivership.
Added by Laws 1987, c. 225, § 37, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 37, eff. Nov. 1, 1996; Laws 1996, c. 354, § 37, eff. Nov. 1, 1996. Renumbered from § 1-818.37 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.38. Liability of receiver - Bond.

A. A receiver may be held liable in a personal capacity only for the receiver's own gross negligence, intentional acts or breaches of fiduciary duty.
B. The court may require a receiver to post a bond.
Added by Laws 1987, c. 225, § 38, eff. July 1, 1987. Renumbered from § 1-818.38 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.39. Conditional license for provider in receivership.

Other provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act notwithstanding, the Department of Human Services may issue a conditional license to a provider placed in receivership. The duration of a license issued under this section is limited to the duration of the receivership.
Added by Laws 1987, c. 225, § 39, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 38, eff. Nov. 1, 1996; Laws 1996, c. 354, § 38, eff. Nov. 1, 1996. Renumbered from § 1-818.39 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.40. Termination of receivership.

A. The court may terminate a receivership:
1. If the time period specified in the order appointing the receiver elapses and is not extended;
2. If the court determines that the receivership is no longer necessary because the conditions which gave rise to the receivership no longer exist; or the Department of Human Services issues the provider or licensee a new license, whether the structure of the group home, the right to operate the group home, or the land on which it is located is under the same or different ownership; or
3. If all of the residents in the group home have been transferred or discharged.
B. 1. Within thirty (30) days after termination, the receiver shall give the court a complete accounting of all property of which the receiver has taken possession, of all funds collected, and of the expenses of the receivership.
2. If the operating funds exceed the reasonable expenses of the receivership, the court shall order payment of the surplus to the provider or licensee, after reimbursement of funds drawn from the contingency fund provided for in Section 1430.37 of this title. If the operating funds are insufficient to cover the reasonable expenses of the receivership, the provider or licensee shall be liable for the deficiency. Payment recovered from the provider or licensee shall be used to reimburse the contingency fund for amounts drawn by the receiver under Section 1430.37 of this title.
3. The Department shall have a lien for any payment made under Section 1430.37 of this title upon any beneficial interest, direct or indirect, of any owner in the following property:
a.
the building in which the group home is located,
b.
any fixtures, equipment or goods used in the operation of the group home,
c.
the land on which the group home is located, or
d.
the proceeds from any conveyance of property described in subparagraphs a, b or c above, made by the provider or licensee within one (1) year prior to the filing of the petition for receivership.
4. The receiver shall, within sixty (60) days after termination of the receivership, file a notice of any lien created under this section. If the lien is on real property, the notice shall be filed with the county clerk. If the lien is on personal property, the notice shall be filed with the Secretary of State. The notice shall specify the name of the person against whom the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed. No lien shall exist under this act against any person, on any property, or for any amount not specified in the notice filed under this paragraph.
Added by Laws 1987, c. 225, § 40, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 39, eff. Nov. 1, 1996; Laws 1996, c. 354, § 39, eff. Nov. 1, 1996. Renumbered from § 1-818.40 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 28, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.41. Rights, obligations and liability during receivership.

Notwithstanding the general rules of receiverships and trustees, nothing in the Group Homes for Persons with Developmental or Physical Disabilities Act shall be deemed to relieve any administrator or employee of a group home placed in receivership of any civil or criminal liability incurred, or any duty imposed by law, by reason of acts or omissions of the administrator or employee prior to the appointment of a receiver; provided, that nothing contained in this act shall be construed to suspend during the receivership any obligation of the administrator or employee for payment of taxes or other operating and maintenance expenses of the group home or of the administrator, employee or any other person for the payment of mortgages or liens. The provider or licensee shall retain the right to sell or mortgage any group home under receivership, subject to approval of the court which ordered the receivership.
Added by Laws 1987, c. 225, § 41, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 40, eff. Nov. 1, 1996; Laws 1996, c. 354, § 40, eff. Nov. 1, 1996. Renumbered from § 1-818.41 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 29, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1501. Various references deemed to be references to District Court or judge thereof.

Wherever reference is made to the county court, Children's Court and Juvenile Court, or to a judge thereof in the statutes relating to juveniles, domestic relations or the status of persons, the reference shall be deemed to be to the District Court or a judge thereof.
Laws 1968, c. 282, § 501, eff. Jan. 13, 1969.
2023 Oklahoma Statutes › Title 10. Children › §10-1505. Employment of persons to provide juvenile officer or assistant juvenile officer services in certain counties.

A. 1. As provided by this subsection, the presiding or associate district judge or other judge with juvenile or deprived child docket responsibilities, with the approval of the county commissioners, may employ a juvenile officer or an assistant juvenile officer or contract with a court-appointed special advocate program to provide juvenile officer or assistant juvenile officer services.
2. In counties having a population in excess of twenty-four thousand (24,000), the presiding or associate district judge, with the approval of the county commissioners, may:
a.
employ one juvenile officer for the respective county, or
b.
contract with a court-appointed special advocate program to provide such services.
3. In counties having a population in excess of forty thousand (40,000), the presiding or associate district judge, with the approval of the county commissioners, may:
a.
employ one juvenile officer and one assistant juvenile officer for the respective county, or
b.
contract with a court-appointed special advocate program to provide such services.
B. 1. If employed:
a.
the salary of the juvenile officer shall be not less than sixty percent (60%) nor more than ninety percent (90%) of Class A officers of the county, and
b.
the salary of the assistant juvenile officer shall be not less than sixty percent (60%) nor more than eighty percent (80%) of Class A officers of the county. Such salaries shall be paid from county funds.
2. The juvenile officer and assistant juvenile officer shall be entitled to reimbursement for all traveling expenses incurred in the performance of official duties. Such expenses shall be paid upon sworn itemized claims. When transportation involves the use of the private automobile of the juvenile officer or assistant juvenile officer, such officer shall be entitled to claim reimbursement for use thereof at the rate provided for state employees under the State Travel Reimbursement Act. Such reimbursement shall be from county funds.
C. 1. If the county contracts with a court-appointed special advocate program:
a.
the county may allow program employees to participate in all county employee benefit programs including, but not limited to, health care plans, and
b.
the county may provide adequate office space for the court-appointed special advocate program.
2. Participation in any county benefit program or the provision of office space shall be included in the contract with the court-appointed special advocate program.
D. Any juvenile officer and assistant juvenile officer shall serve at the pleasure of the court.
E. For purposes of this section, a court-appointed special advocate program means a program as defined by Section 7001-1.3 of this title.
Added by Laws 1969, c. 108, § 1, emerg. eff. April 1, 1969. Amended by Laws 1981, c. 98, § 1, emerg. eff. April 22, 1981; Laws 1981, c. 238, § 7; Laws 2003, c. 105, § 1, eff. Nov. 1, 2003; Laws 2004, c. 273, § 1; Laws 2011, c. 64, § 1, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 10. Children › §10-1505a. Assistant juvenile officer in certain counties.

In every county of the state having a population of more than twenty-four thousand (24,000), but less than forty thousand (40,000), and having located within it a city with a population of not less than twenty thousand (20,000), according to the latest Federal Decennial Census, in which county there is employed a juvenile officer, an assistant juvenile officer may be appointed by order of the associate district judge with the consent of the chief judge of the judicial district in which said county is located. The assistant so appointed may receive as his annual compensation the sum of not more than Six Thousand Dollars ($6,000.00), payable monthly; provided, however, no part of said salary or salaries shall be paid out of the court fund, or from state appropriated funds; and provided further, that such salary may be set by order of said chief judge upon concurrence of a majority of the county commissioners of such county.
Laws 1971, c. 296, § 1, operative July 1, 1971. d
2023 Oklahoma Statutes › Title 10. Children › §10-1628. Missing child 16 and under - Investigation of disappearance.

It is hereby made the duty of any sheriff, chief of police, city marshal, constable, or any other law enforcement officer, upon notification of a report of a missing child sixteen (16) years and under, to immediately initiate an investigation into the disappearance of said child.
Added by Laws 1983, c. 87, § 1, emerg. eff. May 9, 1983.
2023 Oklahoma Statutes › Title 10. Children › §10-1630. Definitions.

For purposes of the Oklahoma Minor Identification Act:
1. "Fingerprint" means the impression of the lines upon the fingertip taken with ink and placed upon a paper or plastic card for the purpose of identification;
2. "Local law enforcement agency" means the office of the county sheriff or a department of a municipality authorized by law or ordinance with the duties to maintain public order, make arrests, and enforce the criminal laws of this state or municipal ordinances; 3. "Minor or child" means a person under eighteen (18) years of age; and
4. "Parent" means the natural or adoptive parent who has legal custody of the minor.
Added by Laws 1986, c. 288, § 2, eff. July 1, 1986.
2023 Oklahoma Statutes › Title 10. Children › §10-1631. Fingerprinting minors and identification card.

A. Upon request of a parent, legal guardian or legal custodian of a minor and the presentation of the minor at a local law enforcement agency, the local law enforcement agency shall take a complete set of fingerprints of the minor and issue a fingerprint identification card to the parent, legal guardian, or legal custodian which shall contain the fingerprints of such minor.
B. The local law enforcement agency taking the fingerprints and issuing a fingerprint identification card shall use forms and cards provided by the Oklahoma State Bureau of Investigation.
Added by Laws 1986, c. 288, § 3, eff. July 1, 1986.
2023 Oklahoma Statutes › Title 10. Children › §10-1632. Intent of legislature.

It is the intent of the Legislature that the children of this state be provided certain safeguards. It is important that children entering the school system of this state as well as children already in the school system be fingerprinted in accordance with the provisions of the Oklahoma Minor Identification Act and said fingerprints be used for locating or identifying any child in this state or any other state who is reported lost, missing, kidnapped, or killed.
Added by Laws 1986, c. 288, § 4, eff. July 1, 1986.
2023 Oklahoma Statutes › Title 10. Children › §10-7007-1.7. Membership.

A. The Judicial Coordination Advisory Study Panel shall consist of the following fourteen (14) members:
1. Nine members representing various rural and metropolitan areas across Oklahoma and who are judges having juvenile docket responsibilities, appointed by the Juvenile Justice Oversight Committee of the Supreme Court;
2. One member who serves as a court-appointed special advocate, appointed by the Oklahoma Court-Appointed Special Advocate Association;
3. The Director of the Administrative Office of the Courts, or designee;
4. The Director of the Department of Human Services, or designee;
5. The Director of the Oklahoma Commission on Children and Youth, or designee; and
6. The Executive Director of the Office of Juvenile Affairs, or designee.
B. 1. Appointments to the Judicial Coordination Advisory Study Panel shall be made as soon as possible after the effective date of this act. The Study Panel shall call its first meeting as soon as possible after the appointments are made.
2. Members of the Judicial Coordination Advisory Study Panel shall elect two cochairs from its membership to serve until June 30, 2002.
3. Vacancy in such office shall be filled in the same manner as the original appointment. A majority of the members of the Study Panel shall constitute a quorum to transact business, but no vacancy shall impair the right of the remaining members to exercise all of the powers of the Study Panel.
C. Members of the Judicial Coordination Advisory Study Panel shall receive no compensation for serving on the Study Panel, but shall receive travel reimbursement as follows:
1. State agency members of the Study Panel shall be reimbursed by their respective agencies for their necessary travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act; and
2. Any other Study Panel members shall receive reimbursement pursuant to the State Travel Reimbursement Act from funds of the Legislative Service Bureau.
D. The Study Panel may divide into subcommittees in furtherance of its purposes. Staffing shall be provided by the respective agencies of the Study Panel.
Added by Laws 2001, c. 415, § 11, emerg. eff. June 5, 2001.
2023 Oklahoma Statutes › Title 10. Children › §10-7007-1.8. Purposes - Report.

A. The purposes of the Judicial Coordination Advisory Study Panel shall be to develop a comprehensive plan for court systems throughout Oklahoma to apply for federal funds authorized in the Strengthening Abuse and Neglect Courts Act of 2000, which provides:
1. Competitive grant funding for automated case tracking systems;
2. Competitive grant funding for backlogged abuse and neglect cases; and
3. Competitive grant funding for expansion of court-appointed special advocates (CASA) in underserved areas.
B. The duties of the Study Panel shall include, but not be limited to:
1. Providing information concerning federal grant application;
2. Developing a process by which court systems can apply for federal grant funding;
3. Identifying interested court systems applying for such federal funding;
4. Monitoring the progress of court systems applications for federal grant funding; and
5. Documenting federal grant funding awards made to court systems in Oklahoma.
C. The Judicial Coordination Advisory Study Panel shall issue a report concerning the comprehensive plan developed, and a listing of the court systems in Oklahoma awarded federal funding, pursuant to the Strengthening Abuse and Neglect Courts Act of 2000, to the Legislature and the Governor on or before February 15, 2002.
Added by Laws 2001, c. 415, § 12, emerg. eff. June 5, 2001.
2023 Oklahoma Statutes › Title 10. Children › §10-7501-1.1. Short title - Composition of Code.

A. Chapter 75 of this title shall be known and may be cited as the "Oklahoma Adoption Code".
B. The Oklahoma Adoption Code shall be composed of eleven articles:
Article 1. State Policy and General Definitions.
Article 2. Jurisdiction, Venue and Choice of Law.
Article 3. Adoption of Minors.
Article 4. Medical and Social Histories.
Article 5. Adoption Proceedings.
Article 6. Paternity Registry.
Article 7. Adult Adoptions.
Article 8. Adult Adoptee Services.
Article 9. General Provisions.
Article 10. Subsidized Adoption Programs.
Article 11. Studies and Committees.
C. All statutes hereinafter enacted and codified in Chapter 75 of this title shall be considered and deemed part of the Oklahoma Adoption Code.
D. The provisions of the Oklahoma Adoption Code shall not invalidate any adoption heretofore granted by any court.
Added by Laws 1957, p. 26, § 23. Amended by Laws 1996, c. 297, § 1, emerg. eff. June 10, 1996. Renumbered from § 60.23 of this title by Laws 1996, c. 297, § 28, emerg. eff. June 10, 1996. Amended by Laws 1997, c. 366, § 1, eff. Nov. 1, 1997. Renumbered from § 60 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 4, emerg. eff. June 11, 1998.
2023 Oklahoma Statutes › Title 10. Children › §10-7502-1.1. Jurisdiction.

Jurisdiction over proceedings to terminate parental rights and proceedings for the adoption of a minor commenced pursuant to the Oklahoma Adoption Code shall be governed by the Uniform Child Custody Jurisdiction and Enforcement Act as provided in Sections 551-101 through 551-402 of Title 43 of the Oklahoma Statutes.
Added by Laws 1997, c. 366, § 4, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 5, emerg. eff. June 11, 1998; Laws 1999, c. 29, § 1, emerg. eff. April 5, 1999; Laws 2001, c. 434, § 7, emerg. eff. June 8, 2001; Laws 2005, c. 69, § 2, eff. Nov. 1, 2005; Laws 2011, c. 371, § 2, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 10. Children › §10-7502-1.2. Venue.

Proceedings for adoption shall be brought in the district court in the county where the petitioners or the child to be adopted resides, in Tulsa County or in Oklahoma County, or where termination proceedings took place, at the election of the petitioners.
Added by Laws 1957, p. 23, § 4. Amended by Laws 1991, c. 113, § 3, eff. Sept. 1, 1991; Laws 1997, c. 366, § 5, eff. Nov. 1, 1997. Renumbered from § 60.4 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. Amended by Laws 2009, c. 107, § 1, eff. Nov. 1, 2009; Laws 2014, c. 152, § 1, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 10. Children › §10-7502-1.3. Laws governing.

A. Except as otherwise provided by this section, a proceeding to terminate parental rights pursuant to Article 5 of the Oklahoma Adoption Code or an adoption in this state of a minor born in this state or brought into this state from another state by a prospective adoptive parent, or by a person who places the minor for adoption in this state, is governed by the laws of this state, including but not limited to, the Oklahoma Adoption Code and the Interstate Compact on the Placement of Children.
B. A permanent relinquishment of a child for adoption or a consent to adoption, including, but not limited to, an extrajudicial consent signed by a putative father, will be recognized as valid and given effect in all proceedings brought pursuant to the Oklahoma Adoption Code in the courts of this state, if the permanent relinquishment or consent was executed:
1. Before an appropriate official and in the manner prescribed by the Oklahoma Adoption Code; or
2. Except as otherwise provided in subsection I of Section 7503-2.3 and subsection H of Section 7503-2.4 of this title, before an appropriate official and in the manner prescribed by the law of the state or country in which the permanent relinquishment or consent was executed.
C. The laws of this state shall govern when and under which circumstances a permanent relinquishment of a child for adoption or a consent to adoption, including, but not limited to, an extrajudicial consent signed by a putative father, may be revoked or set aside, if:
1. The permanent relinquishment or consent was executed in this state; or
2. The permanent relinquishment or consent was executed outside of this state before an appropriate official and in a manner in compliance with all of the requirements of the Oklahoma Adoption Code.
D. If a permanent relinquishment for adoption or consent to adoption, including, but not limited to, an extrajudicial consent signed by a putative father, is executed outside of this state before an official or in a manner that is not in compliance with all of the requirements of the Oklahoma Adoption Code, the law of the state in which the permanent relinquishment or consent was executed shall govern the circumstances under which the relinquishment or consent may be revoked or set aside.
Added by Laws 1997, c. 366, § 6, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 6, emerg. eff. June 11, 1998.
2023 Oklahoma Statutes › Title 10. Children › §10-7503-1.1. Eligibility to adopt.

The following persons are eligible to adopt a child:
1. A husband and wife jointly if both spouses are at least twenty-one (21) years of age;
2. Either the husband or wife if the other spouse is a parent or a relative of the child;
3. An unmarried person who is at least twenty-one (21) years of age; or
4. A married person at least twenty-one (21) years of age who is legally separated from the other spouse.
Added by Laws 1957, p. 22, § 3. Amended by Laws 1974, c. 297, § 2, operative July 1, 1974; Laws 1997, c. 366, § 8, eff. Nov. 1, 1997. Renumbered from § 60.3 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 7, emerg. eff. June 11, 1998.
2023 Oklahoma Statutes › Title 10. Children › §10-7503-2.2. When consent may be given.

A. The mother of a minor shall not execute a valid consent to the adoption of the minor or a permanent relinquishment of the minor prior to the birth of the minor.
B. The father of a minor born in wedlock shall not execute a valid consent to the adoption of the minor or a permanent relinquishment of the minor prior to the birth of the minor.
C. A putative father of a minor may execute a consent to the adoption of the minor, a permanent relinquishment of the minor, or an extrajudicial consent to the adoption of the minor before or after the birth of the minor.
D. A guardian, guardian ad litem or legal custodian of a child may execute a consent to the adoption of a minor or a permanent relinquishment at any time after being authorized by a court to do so.
E. A child-placing agency that places a child for adoption may execute its consent at any time at or before the hearing on the petition for adoption.
F. A minor twelve (12) years of age or older whose consent is required pursuant to Section 7503-2.1 of this title may execute a consent to adoption at any time at or before the hearing on the petition for adoption.
Added by Laws 1997, c. 366, § 10, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 9, emerg. eff. June 11, 1998.
2023 Oklahoma Statutes › Title 10. Children › §10-7503-2.5. Acknowledgment of consent to adoption or permanent relinquishment before judge - Affidavit of nondisclosure.

A. At the time that a written consent to adoption or permanent relinquishment is acknowledged by a biological parent before a judge of a court of this state, the judge shall advise the biological parent:
1. That an adult adopted person born in the State of Oklahoma whose decree of adoption is finalized after November 1, 1997, may obtain such person's original certificate of birth;
2. That, if affidavits of nondisclosure have been filed by both biological parents and have not been revoked by either biological parent at the time that the request for the original birth certificate is made by the adult adopted person, the original birth certificate will not be released to the adult adopted person; and
3. That if an unrevoked affidavit of nondisclosure by only one biological parent is on file with the State Registrar of Vital Statistics at the time that the request for the original birth certificate is made by the adult adopted person, identifying information regarding the parent who filed the unrevoked affidavit of nondisclosure will be deleted from the original birth certificate before it is provided to the adult adopted person. The identity of the parent who does not have an unrevoked affidavit of nondisclosure on file, if it is contained in the original birth certificate, will be disclosed.
B. 1. The judge shall ascertain whether the biological parent wishes to execute an affidavit of nondisclosure. If so, an affidavit of nondisclosure form shall be made available to the biological parent by the court and may be executed in the presence of the judge at the time the written consent to adoption or relinquishment for adoption is acknowledged.
2. An affidavit of nondisclosure signed at the time a consent or relinquishment is acknowledged shall be filed in the adoption action with the consent or relinquishment for adoption.
3. Affidavit of nondisclosure forms shall also be available in each district court clerk's office and may be executed and filed by a biological parent in the court in which an adoption action is pending.
4. An affidavit of nondisclosure may be filed after a final decree of adoption has been entered.
C. A biological parent who has executed an affidavit of nondisclosure may revoke the affidavit of nondisclosure at any time by filing a revocation with the State Registrar of Vital Statistics. Upon receipt of a revocation of an affidavit of nondisclosure, the State Registrar shall attach the revocation to the affidavit of nondisclosure and file it with the original certificate of birth and other records of the adoption.
D. The failure to follow any provisions of this section shall not be grounds to challenge a decree of adoption.
Added by Laws 1997, c. 366, § 13, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 10. Children › §10-7503-2.7. Setting aside permanent relinquishment or consent to adoption.

A. Except as otherwise provided in subsection B of this section and in Section 7503-2.6 of this title, a permanent relinquishment or consent to adoption executed pursuant to the Oklahoma Adoption Code shall be irrevocable.
B. The court shall set aside a permanent relinquishment or consent to adoption or vacate an order terminating parental rights based upon the execution of a permanent relinquishment only if it would be in the best interests of the minor and if the individual who executed the permanent relinquishment or consent establishes:
1. By a preponderance of the evidence that without good cause shown, a petition to adopt was not filed within nine (9) months after the minor was placed for adoption;
2. By a preponderance of the evidence, that another consent or permanent relinquishment was not executed or that a court decided not to terminate another individual's parental relationship to the minor; or
3. By clear and convincing evidence, before a decree of adoption is issued, or within three (3) months of the discovery of the fraud, whichever is later, that the consent was obtained by fraud or duress.
C. Notice of the motion to set aside the consent or permanent relinquishment and hearing on the motion shall be provided to:
1. The person who filed for adoption of the minor;
2. The Department of Human Services or any child-placing agency participating in the adoption; and
3. To any person or agency in whose favor the consent was given.
D. The court shall provide an opportunity to be heard to the person who has filed for adoption and to any agency participating in the adoption as to why the withdrawal of consent would not be in the best interest of the minor.
E. The court may enter such orders as justice requires regarding the costs and legal fees of the person who filed for adoption, the agency, the Department and the person seeking that the consent or permanent relinquishment be set aside.
Added by Laws 1957, p. 24, § 10. Amended by Laws 1973, c. 157, § 1, emerg. eff. May 14, 1973; Laws 1990, c. 65, § 1, operative July 1, 1990; Laws 1997, c. 366, § 15, eff. Nov. 1, 1997. Renumbered from § 60.10 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 13, emerg. eff. June 11, 1998.
2023 Oklahoma Statutes › Title 10. Children › §10-7503-3.2. Notice of filing of paternity action by putative father.

A. 1. If a putative father files a paternity action after receiving notice of or having knowledge of a potential adoption, the putative father shall notify the attorney for the petitioner for adoption or the child-placing agency that is placing the minor for adoption that the paternity action has been filed, including, but not limited to:
a.
the name of the court,
b.
the case number, and
c.
the date of filing.
2. If the name or location of the attorney for the petitioner for adoption or the child-placing agency placing the minor for adoption cannot be ascertained by the putative father, the putative father shall notify the petitioner for adoption. If the petitioner for adoption is also unknown to the putative father, the putative father shall notify the Paternity Registry of the Department of Human Services.
B. Upon a motion of the prospective adoptive parent, the court having jurisdiction over the paternity action, if it is filed in a court of this state, shall allow the prospective adoptive parent to intervene in the paternity action and have the opportunity to be heard and seek custody and/or visitation. If a proceeding for adoption or for termination of parental rights of the putative father and a paternity action by the putative father regarding the same minor are both pending in the courts of this state, upon motion of any party, the court having jurisdiction over the paternity action shall transfer the paternity proceeding to the court in which the adoption or termination proceeding is pending, whereupon the two proceedings may be considered.
Added by Laws 1998, c. 415, § 15, emerg. eff. June 11, 1998.
2023 Oklahoma Statutes › Title 10. Children › §10-7505-1.1. Confidential character of hearings and records – Release - Exceptions - Misdemeanor.

A. Unless otherwise ordered by the district court exercising jurisdiction over the adoption proceeding, all hearings held in proceedings pursuant to the Oklahoma Adoption Code shall be confidential and shall be held in closed court without admittance of any person other than interested parties and their counsel.
B. All papers, records, and books of proceedings in adoption cases and any papers, records, and books relating to such proceedings:
1. Shall be kept as a permanent record of the court and maintained in a separate file by the court clerk; and
2. Shall be confidential and shall not be open to inspection or copy except as authorized in Sections 7504-1.2, 7505-3.2, 7505-6.6, 7508-1.2 and 7508-1.3 of this title or upon order of a court of record for good cause shown.
C. Upon application and notice to the person or agency in whose possession the records being sought are held, and for good cause being shown, any court of record may, by written order reciting its findings, permit the necessary information to be released, or may restrict the purposes for which it shall be used. The findings shall include the reasons the information being sought cannot be obtained through the methods authorized by Sections 7504-1.2, 7505-3.2, 7505-6.6, 7508-1.2 and 7508-1.3 of this title.
D. The provisions of this section shall not prohibit persons employed by the court, the Department of Human Services, a child-placing agency, an attorney participating or assisting in a direct placement adoption or any physician, minister or other person or entity assisting or participating in an adoption from providing partial or complete identifying information between a biological parent and prospective adoptive or adoptive parent if a biological parent and a prospective adoptive or adoptive parent mutually agree to share specific identifying information and each gives written, signed notice of their agreement to the court, the Department of Human Services, the child-placing agency, or any attorney participating or assisting in the direct placement adoption pursuant to the Oklahoma Adoption Code.
E. Any person in charge of adoption records or having access to adoption records or information who discloses any information, including, but not limited to, all records and reports relevant to the case and any records and reports of examination of the minor's parent or other custodian pertaining to an adoption proceeding, contrary to the provisions of this section, upon conviction thereof, shall be guilty of a misdemeanor.
Added by Laws 1957, p. 25, § 17. Amended by Laws 1984, c. 24, § 2, operative July 1, 1984; Laws 1990, c. 27, § 2, emerg. eff. April 3, 1990; Laws 1993, c. 253, § 3, emerg. eff. May 26, 1993; Laws 1996, c. 297, § 7, emerg. eff. June 10, 1996; Laws 1997, c. 366, § 19, eff. Nov. 1, 1997. Renumbered from Title 10, § 60.17 by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. Amended by Laws 2000, c. 385, § 10, eff. Nov. 1, 2000; Laws 2011, c. 371, § 3, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 10. Children › §10-7505-1.3. Court clerk or deputy may affix signature of judge to order and notice of hearing.

Whenever the Oklahoma Adoption Code requires that an order setting the date of hearing and giving notice thereof be signed by a judge, the chief judge in the county may, by judicial order, provide that such order or notice may be signed by the court clerk or the deputy of the court clerk affixing the signature of the court clerk or deputy beneath the place where the judge's name appears followed with the word "by:" and then followed with the signing officer's title.
Added by Laws 1985, c. 160, § 1, emerg. eff. June 13, 1985. Amended by Laws 1997, c. 366, § 21, eff. Nov. 1, 1997. Renumbered from § 60.7a of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 10. Children › §10-7505-1.4. Priority on docket - Proceedings to be expedited.

Any petitions filed with the court pursuant to the Oklahoma Adoption Code when docketed shall have priority over all cases pending on said docket. Any other proceedings concerning the adoption of a child shall be expedited by the court.
Added by Laws 1996, c. 297, § 8, emerg. eff. June 10, 1996. Amended by Laws 1997, c. 366, § 22, eff. Nov. 1, 1997. Renumbered from § 60.18a of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 10. Children › §10-7505-3.3. Disclosure Statement of Adoption-related Costs and Expenditures.

A. The Disclosure Statement of Adoption-related Costs and Expenditures required by Section 7505-3.2 of Title 10 of the Oklahoma Statutes shall be in substantially the following form:
DISCLOSURE STATEMENT OF ADOPTION-RELATED COSTS AND EXPENDITURES
The following is a declaration of all fees, expenses, and costs charged or expected to be charged for the adoption:
1. Retainer fees in the amount of ______________________;
2. The hourly billing rate of _____________________ and the number of hours billed for the adoption _____________________ for a total amount of ____________________;
3. All fees charged for preplacement or other home studies of any prospective birth parents, regardless of whether the study was performed by a third-party ___________________;
4. All costs, fees, or expenses or any other thing of value paid to or on behalf of the birth parents related to the adoption by any party other than the adoptive parents __________________________ _______________________________________________________________; and
5. Any other fees and expenses related to the adoption not previously listed in this disclosure statement _____________________ __________________________________________________________________.
B. The Disclosure Statement of Adoption-related Costs and Expenditures that shall be filed with the court clerk and available for public inspection shall include the following:
"I, ____________________, Judge of the District Court in and for _________________ County, State of Oklahoma, a Court having original adoption jurisdiction, do hereby certify that upon this day, ________________, the disclosures contained in this disclosure statement are consistent with the sealed disclosure statement filed in the adoption case."
Added by Laws 2016, c. 74, § 2, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 10. Children › §10-7505-4.3. Inquiry to identify unknown or putative father.

A. If, at any time in a proceeding for adoption or for termination of a relationship of parent and child pursuant to the Oklahoma Adoption Code, the court finds that an unknown father or putative father of the child may not have received notice, the court shall determine whether he can be identified. The determination must be based on evidence that includes inquiry of appropriate persons in an effort to identify an unknown father or putative father for the purpose of providing notice.
B. The inquiry required by subsection A of this section must include whether:
1. The woman who gave birth to the child was married at the probable time of conception of the child, or at a later time;
2. The woman was cohabiting with a man at the probable time of conception of the child;
3. The woman has received payments or promises of support, other than from a governmental agency, with respect to the child or because of her pregnancy;
4. The woman has named any individual as the father on the birth certificate of the child or in connection with applying for or receiving public assistance; and
5. Any individual has formally or informally acknowledged or claimed paternity of the child in a jurisdiction in which the woman resided during or since her pregnancy, or in which the child has resided or resides, at the time of the inquiry.
C. If inquiry pursuant to subsection B of this section identifies as the father or putative father of the child an individual who has not received notice of the proceeding, the court shall require notice to be served upon him pursuant to Section 7505-2.1 or 7505-4.1 of this title.
D. If, in an inquiry pursuant to this section, the woman who gave birth to the child fails to disclose the identity of a possible father or reveal his whereabouts, she must be advised that the lack of information about the father's medical and genetic history may be detrimental to the child. She should also be advised that any false statement that she might make under oath or affirmation at a hearing or trial before the court regarding her knowledge of the identity or whereabouts of a possible father, if she knows or believes that the statement is not true or intends thereby to obstruct the ascertainment of the truth, could constitute grounds for a criminal prosecution for perjury.
Added by Laws 1997, c. 366, § 28, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 22, emerg. eff. June 11, 1998.
2023 Oklahoma Statutes › Title 10. Children › §10-7505-5.1. Favorable preplacement home study required - Waiver - Exception - Placement not approved in certain circumstances.

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 preplacement 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.
B. 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, or if the minor has been residing with a birth parent’s spouse for not less than one (1) year as of the date the petition for adoption is filed, but a home study of the relative or stepparent is required during the pendency of a proceeding for adoption.
C. 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. Within the five-year period preceding the date of the petition, physical assault, domestic abuse, battery or a drug-related offense;
2. Child abuse or neglect;
3. A crime against a child, including, but not limited to, child pornography; and
4. A crime involving violence, including, but not limited to, rape, sexual assault or homicide, but excluding those crimes specified in paragraph 1 of this subsection.
D. 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.
Added by Laws 1997, c. 366, § 29, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 23, emerg. eff. June 11, 1998; Laws 2007, c. 196, § 7, eff. July 1, 2007; Laws 2009, c. 288, § 3, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 10. Children › §10-7505-5.2. Subsequent home study - Waiver.

A. If a preplacement home study is waived by the court for good cause shown or is not required by Section 29 of this act, the court, upon the filing of a petition for adoption, shall order that a home study be made and filed with the court by the designated investigator within the time fixed by the court, and in no event more than sixty (60) days from the issuance of the order for the home study, unless the time therefor is extended by the court.
B. If the child to be adopted is the biological or adopted child of either of the petitioners or of the spouse of the petitioner, then the court by order may waive the requirement in subsection A of this section that a home study report be made, and the requirement for a supplemental report set forth in subsection C of Section 31 of this act, if the court makes the following findings:
1. That waiver of the home study requirement is in the best interest of the child;
2. That the parent of the child and the stepparent of the child who are petitioning for adoption have been married for at least one (1) year with the child who is to be adopted living in their home; and
3. That the stepparent who is petitioning for adoption has no record of conviction of a felony or conviction or adjudication in juvenile court for child abuse or neglect or domestic violence, and there is no record of a protective order or orders issued against the stepparent.
In all other adoptions, including foster, relative, and stepparent adoptions, a home study and report shall be made pursuant to this section or Section 29 of this act.
Added by Laws 1997, c. 366, § 30, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 10. Children › §10-7505-5.4. Persons or agencies authorized to conduct home studies.

A. Home studies satisfying Sections 7505-5.1, 7505-5.2 and 7505-5.3 of this title must be conducted and the reports prepared only by the following persons or agencies:
1. The agency having custody or legal guardianship of the child;
2. The Department of Human Services;
3. A licensed child-placing agency; or
4. A person designated by the court who does not have an interest in the outcome of the home study and who meets one of the following qualifications:
a.
a master's degree in social work and one (1) year of experience in children's services,
b.
a member of the Academy of Certified Social Workers (ACSW) and one (1) year of experience in children's services,
c.
a master's degree in a behavioral or social science and two (2) years' experience in children's services,
d.
a doctorate in a behavioral or social science and one (1) year of experience in children's services, or
e.
is a member of the clergy with two (2) years of experience in family counseling and is not the clergy for the adoptive parents.
B. Persons satisfying the qualifications listed in paragraph 4 of subsection A of this section shall attend and satisfactorily complete at least once every three (3) years a minimum of a three-hour course in home study preparation and adoption trends taught by a licensed child-placing agency, by the Department of Human Services, a statewide organization composed of public and private adoption professionals, or by a college or university. Documentation of having met this educational requirement shall be provided by the person to the court or others upon request.
C. The court may order agencies named in subsection A of this section located in one or more counties to make separate investigations on separate parts of the inquiry, as may be appropriate.
D. The Department of Human Services shall not be required by the court to make a home study and report to the court on adoptive placements made by private adoption agencies or persons providing private adoption services.
Added by Laws 1957, p. 24, § 13. Amended by Laws 1959, p. 27, § 1, emerg. eff. April 6, 1959; Laws 1987, c. 85, § 1, eff. Nov. 1, 1987; Laws 1994, c. 122, § 3, eff. July 1, 1994; Laws 1997, c. 366, § 32, eff. Nov. 1, 1997. Renumbered from Title 10, § 60.13 by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. Amended by Laws 1999, c. 396, § 19, emerg. eff. June 10, 1999; Laws 2011, c. 371, § 6, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 10. Children › §10-7505-6.1. Interlocutory decree.

Upon examination of the report required in Section 29 or 30 of this act, and after hearing, the court may issue an interlocutory decree giving the care and custody of a minor to the petitioners, pending the further order of the court.
Added by Laws 1957, p. 25, § 15. Amended by Laws 1994, c. 122, § 4, eff. July 1, 1994; Laws 1997, c. 366, § 33, eff. Nov. 1, 1997. Renumbered from § 60.15 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.