reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 29. Game and Fish › §29-7-502. General prohibition on possession of wildlife - Exceptions.

A. Except as otherwise provided by law, no person may possess:
1. Any wildlife or parts thereof during the closed season for that particular wildlife species;
2. Any endangered or threatened species or parts thereof at any time; or
3. Any native bear or native cat that will grow to reach the weight of fifty (50) pounds or more.
B. Persons exempt from provisions of paragraphs 1 and 2 of subsection A of this section are:
1. Persons storing lawfully taken wildlife in any home freezer or cold storage locker;
2. Persons possessing items, including but not limited to hides, heads or horns as specimens or trophies;
3. Persons possessing wild waterfowl taken in compliance with and under provisions of federal laws pertaining thereto;
4. Persons possessing legally obtained wildlife, from a source other than the wild, as pets or for the purpose of training hunting dogs, except as provided for by law or under rules promulgated by the Wildlife Conservation Commission; or
5. Persons possessing farmed cervidae and licensed pursuant to the Oklahoma Farmed Cervidae Act.
C. Persons possessing products for human consumption that have been taken, processed, labeled and transported in accordance with the laws of the state of origin and federal law shall be exempt from the provisions of paragraphs 1 and 2 of subsection A of this section. Provided:
1. The person processing or offering the product for sale shall retain all necessary documents to evidence the state of origin of the wildlife or farmed cervidae product; and
2. Nothing in this subsection shall allow a person to sell protected wildlife taken in this state except as otherwise provided by law.
D. It shall be unlawful for any person to have in their possession any meat, head, hide, or any part of the carcass of any wildlife not legally taken.
E. The applicable commercial or noncommercial wildlife breeder’s license shall be obtained if any wildlife is being propagated.
F. Possession of game during the closed season, except as above provided, shall be prima facie evidence that the game was taken during a closed season.
G. Any person convicted of violating any provision of this section shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not to exceed thirty (30) days, or by both.
Added by Laws 1974, c. 17, § 7-502, emerg. eff. April 8, 1974. Amended by Laws 1991, c. 182, § 53, eff. Sept. 1, 1991; Laws 1992, c. 149, § 13, emerg. eff. April 30, 1992; Laws 2000, c. 119, § 1, eff. Nov. 1, 2000; Laws 2002, c. 346, § 3, eff. Nov. 1, 2002; Laws 2003, c. 188, § 4, eff. July 1, 2003; Laws 2006, c. 138, § 19, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 29. Game and Fish › §29-7-504. Importation, sale, possession of aigrettes, plumes, feathers, quills, wings, etc.

A. Except as otherwise provided, no person may import, sell or possess for sale aigrettes, egret plumes and the feathers, quills, heads, wings, tails, skins or parts of skins of wild birds, either raw or manufactured, or any endangered or rare species.
B. Exemptions to the above subsection A are:
1. Importations, sales or possession for sale for scientific or educational purposes.
2. The feathers or plumes of domestic fowl of any kind.
C. Any person convicted of violating the provisions of this section shall be punished by a fine not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a period not to exceed thirty (30) days, or by both such fine and imprisonment.
Laws 1974, c. 17, § 7-504, emerg. eff. April 8, 1974.
2023 Oklahoma Statutes › Title 29. Game and Fish › §29-7-601. Common carrier requirements.

A. Except as provided by law, no railroad, express company or other common carrier or any agent, servant or employee thereof may receive for transportation or transport any wildlife or endangered or rare species in this state.
B. All such companies in this state shall keep a copy of this Code on file at each of their shipping offices in this state for the information of their employees.
C. Any aforesaid company, its agents, servants or employees convicted of violating the provisions of this section shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).
Laws 1974, c. 17, § 17-601, emerg. eff. April 8, 1974.
2023 Oklahoma Statutes › Title 29. Game and Fish › §29-7-602. General prohibition against transporting wildlife - Exceptions.

A. Except as otherwise provided by law, no person may ship into or out of, transport into or out of, have in possession with the intent to so transport, or cause to be removed from this state:
1. Any wildlife or parts thereof, nests of wildlife, their eggs or their young; or
2. Any endangered or threatened species.
B. Exceptions to paragraph 1 of subsection A of this section are:
1. Dead fish or wildlife legally taken by licensed hunters or fishermen for noncommercial purposes may be possessed, shipped, or transported into or within the borders of this state if it is accompanied by or has attached the appropriate certificate, license or tag as may be required by the Oklahoma Wildlife Conservation Code, rules, or the laws of another state;
2. Rough fish products that have been completely processed into food or other products that legally taken fish may yield may be exported from the state;
3. Any rough fish taken by licensed commercial fishermen who have been issued a special permit as required by Section 4-105 of this title by the Director may be shipped, transported or exported pursuant to the permit;
4. Any fish or wildlife lawfully bred or propagated may be shipped or transported within the confines of this state or exported out of this state;
5. Any wildlife for which the Director has given an individual specific written authority for its transportation into or out of the state; or
6. Any farmed cervidae licensed pursuant to the Oklahoma Farmed Cervidae Act.
C. An owner or operator of a commercially licensed hunting facility shall be permitted to transport cervidae from one in-state hunt facility to another in-state hunt facility without a permit issued by the Department of Wildlife Conservation.
D. Any person convicted of violating the provisions of this section shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), or by imprisonment in the county jail for a period not less than ten (10) days nor more than sixty (60) days, or by both.
Added by Laws 1974, c. 17, § 7-602, emerg. eff. April 8, 1974. Amended by Laws 1991, c. 182, § 55, eff. Sept. 1, 1991; Laws 1992, c. 149, § 14, emerg. eff. April 30, 1992; Laws 1996, c. 117, § 2, eff. July 1, 1996; Laws 2006, c. 138, § 20, eff. Nov. 1, 2006; Laws 2008, c. 63, § 3, eff. July 1, 2008.
2023 Oklahoma Statutes › Title 29. Game and Fish › §29-7-701. Lands contained in the wilderness area.

A tract of land, legally described as: All of Sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, all in Township 3 South, Range 26 East, and all of Sections 1, 2, 10, 11, 12, 13, 24, 25, and portions of Sections 3, 4, 5, 8, 9, 14, 23, 26, all in Township 3 South of Base line, Range 25 East of the Indian Base and Meridian, situated in the County of McCurtain, State of Oklahoma, now owned in fee simple by the Department, is hereby designated as a wilderness area.
Insofar as humanly possible, those portions east of Broken Bow Lake are to be retained in a natural state with only nature operating to alter existing conditions.
Laws 1974, c. 17, § 7-701, emerg. eff. April 8, 1974.
2023 Oklahoma Statutes › Title 29. Game and Fish › §29-7-702. Ingress and egress.

A. Except as otherwise provided, no person may enter any of the wilderness area.
B. Persons exempt from the above prohibition shall be:
1. Persons possessing prior written permission from the Department;
2. Departmental employees directly concerned with the management of the area;
3. Employees of the Forestry Service directly concerned with the protection of the area from fire; and
4. Persons concerned with the scientific study of the natural resources of the state, who are authorized by the Department.
C. Any person convicted of violating this section shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00), or by imprisonment in the county jail for a period not more than thirty (30) days, or by both such fine and imprisonment.
Laws 1974, c. 17, § 7-702, emerg. eff. April 8, 1974.
2023 Oklahoma Statutes › Title 29. Game and Fish › §29-7-703. Prohibition on motor-driven devices within the wilderness area.

A. Except as otherwise provided, no person may use any motor-driven conveyance or devices in any portion of the wilderness area east of Broken Bow Lake.
B. Those persons exempted shall be those state and federal employees, specified in paragraphs 2 and 3, subsection B of Section 7-702 of this title, in the performance of their duties.
C. Any person convicted of violating the provisions of this section shall be punished by the imposition of a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00) or by imprisonment in the county jail for a period not to exceed thirty (30) days, or by both said fine and imprisonment.
Laws 1974, c. 17, § 7-703, emerg. eff. April 8, 1974; Laws 1991, c. 182, § 56, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 29. Game and Fish › §29-7-704. Prohibition of commercial operations.

A. No person may mine, remove any sand and/or gravel or cut and/or remove any timber in any portion of the wilderness area.
B. Any person convicted of violating this section shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a period of not less than ten (10) days nor more than sixty (60) days, or by both such fine and imprisonment.
Laws 1974, c. 17, § 7-704, emerg. eff. April 8, 1974.
2023 Oklahoma Statutes › Title 29. Game and Fish › §29-7-705. Prohibition on removal of wildlife and plants.

A. Except as otherwise provided, no person may collect, remove, lure, chase or cause to be removed, lured or chased any wildlife from the wilderness area or collect, remove or cause to be collected or removed any plant life from the wilderness area.
B. Persons exempt from the above subsection are:
1. Departmental employees pursuant to their duties; or
2. Any person who has obtained prior specific written permission from the Director and who, at the time of such activity, has evidence of that permission upon his person.
C. Any person convicted of violating the provisions of this section shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).
Laws 1974, c. 17, § 7-705, emerg. eff. April 8, 1974.
2023 Oklahoma Statutes › Title 29. Game and Fish › §29-7-801. Exotic wildlife - Penalties for releasing.

A. No exotic wildlife may be released into the wilds of Oklahoma without first obtaining written permission of the Director.
B. Any person releasing such exotic wildlife into the wilds of Oklahoma in violation of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00) or by imprisonment in the county jail for a period not to exceed thirty (30) days or by both.
Added by Laws 1974, c. 17, § 7-801, emerg. eff. April 8, 1974. Amended by Laws 1987, c. 112, § 5, eff. Nov. 1, 1987; Laws 1994, c. 318, § 18, emerg. eff. June 8, 1994; Laws 2006, c. 138, § 21, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 29. Game and Fish › §29-8-104. Resolution penalty provision.

It shall be a misdemeanor to violate any Commission rule or regulation promulgated by the Commission under the authority granted in this Code. Any person so violating shall, upon conviction, be punished by a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) or by imprisonment in the county jail not to exceed thirty (30) days, or by both such fine and imprisonment.
Laws 1974, c. 17, § 8-104, emerg. eff. April 8, 1974.
2023 Oklahoma Statutes › Title 29. Game and Fish › §29-9-113. Wildlife citation – Failure to comply.

A. For purposes of the Wildlife Bail Procedure Act, "failure to comply" with a wildlife citation by a person that has been issued the citation means failure to:
1. Appear before a district court in response to a wildlife citation and pay in full any fine, court costs, assessments or fees imposed;
2. Fully pay or satisfy all fines, court costs, restitution, assessments or fees imposed as a part of the sentence of any district court for violation of the wildlife laws of this state; or
3. Otherwise comply with a wildlife citation as provided for in the Oklahoma Wildlife Conservation Code.
B. A person may be considered guilty of failing to comply with a wildlife citation as set forth in subsection A of this section regardless of the disposition of the charge for which the citation, complaint or charge was originally issued. Any person convicted of failing to comply with a wildlife citation as set forth in subsection A of this section shall be deemed guilty of a misdemeanor and shall be fined not less than Twenty-five Dollars ($25.00) or more than One Hundred Dollars ($100.00).
C. For purposes of the Wildlife Bail Procedure Act, the term "citation" means any complaint, summons, notice to appear, ticket, warrant, administrative fine or other official document issued for the prosecution of the wildlife laws or rules of this state.
D. If the person charged fails to appear in court in person or by counsel for arraignment on the charge against them, or fails to arrange with the court within the time designated on the citation for a future appearance, on motion of the district attorney, the court shall issue a bench warrant for the arrest of the person charged.
Added by Laws 2011, c. 178, § 3.
2023 Oklahoma Statutes › Title 29. Game and Fish › §29-10-102. Enforcement and administration of Interstate Wildlife Violator Compact.

A. The Department of Wildlife Conservation shall enforce the Interstate Wildlife Violator Compact as set forth in Section 1 of this act and shall do all things within the jurisdiction of the Department that are appropriate in order to effectuate the purposes and the intent of the compact.
B. The Director of the Department of Wildlife Conservation is authorized on behalf of the state to enter or withdraw from the Interstate Wildlife Violator Compact pursuant to the terms of Article 8 of the compact.
C. The Director is authorized to adopt amendments to the Interstate Wildlife Violator Compact pursuant to the terms of Article 9 of the compact.
Added by Laws 2010, c. 168, § 2, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 29. Game and Fish › §29-10-103. Forfeiture of hunting, trapping, or fishing licenses – Notice - Penalties.

A. When the Department of Wildlife Conservation receives notice of the suspension of the hunting, trapping, or fishing privileges of a person by a participating issuing state as set forth in the Interstate Wildlife Violator Compact, the Department shall determine whether the violation leading to the suspension could have led to the forfeiture of privileges under the law of this state. If the Department determines that the privileges of the person could have been forfeited, the Department may suspend the privileges to hunt, trap, or fish in this state of the person for the same period as imposed by the participating state not to exceed the maximum limits allowed by state law.
B. When the Department receives notice of a conviction of a state resident from the licensing authority of the participating issuing state, the Department may treat the conviction as if it had occurred in this state and shall determine whether the conviction could have led to the forfeiture of the hunting, trapping, or fishing privileges of the resident under state law. If the Department determines that the privileges of the resident could have been forfeited, the Department may suspend the privileges of the resident to hunt, trap, or fish in this state for the same period as the issuing state, not to exceed the limit that could have been imposed under state law.
C. Notice of the suspension shall be sent to the person, who shall surrender any current Oklahoma hunting, trapping, or fishing licenses to the Department within ten (10) days.
D. A person whose privileges have been suspended and who hunts, traps, or fishes in this state, who applies for or purchases any licenses or permits to hunt, trap, or fish in this state, or who refuses to surrender any current hunting, trapping, or fishing licenses as required pursuant to this section shall be guilty of a misdemeanor and shall be punished by a fine of not less than One Hundred Dollars ($100.00) or more than Five Hundred Dollars ($500.00).
Added by Laws 2010, c. 168, § 3, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 29. Game and Fish › §29-10-104. Suspension of hunting, trapping, or fishing privileges – Notice - Penalties.

A. The Department of Wildlife Conservation may suspend the hunting, trapping, or fishing privileges of any resident of this state upon notification from the licensing authority of a participating state as set forth in the Interstate Wildlife Violator Compact, that the resident has failed to comply with the terms of a citation issued for a wildlife violation. The suspension remains in effect until the Department receives satisfactory evidence of compliance from the issuing state.
B. Notice of the suspension must be sent to the resident, who shall surrender all current Oklahoma hunting, trapping, or fishing licenses to the Department within ten (10) days.
C. A person who hunts, traps, or fishes, who applies for or purchases licenses or permits, or who refuses to surrender any current hunting, trapping, or fishing licenses in violation of this section shall be guilty of a misdemeanor and shall be punished by a fine of not less than One Hundred Dollars ($100.00) or more than Five Hundred Dollars ($500.00).
Added by Laws 2010, c. 168, § 4, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 29. Game and Fish › §29-10-105. Procedures for suspension hearing.

A. Upon suspending the hunting, trapping, or fishing privileges of any person under Section 3 or Section 4 of this act, the Department of Wildlife Conservation shall immediately notify the person in writing. The person may, within twenty (20) days of the notice, request a hearing before the Department on whether the requirements for suspension have been met.
B. Upon request, the Department shall set a hearing as early as practicable. The requesting person may present evidence and arguments at the hearing contesting the suspension.
C. Following the hearing, the Department, through its authorized agent, may, based on the evidence, affirm, modify, or rescind the suspension of privileges.
Added by Laws 2010, c. 168, § 5, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 29. Game and Fish › §29-1001. Use of certain mechanical fishing devices prohibited - Penalties.

A. It shall be unlawful for any person to fish in any waters of this state by:
1. Leaving visibly unattended for a period of more than six (6) hours any mechanical fishing device which automatically recoils when a fish strikes, including, but not limited to, the device commonly known as a "yo-yo";
2. Use of any mechanical fishing device which automatically recoils when a fish strikes, including, but not limited to, the device commonly known as a "yo-yo", that does not have the name of the owner and the owner's address attached thereto; or
3. Stringing or suspending any device, described in paragraph 1 of this subsection, from any horizontal line across any channel or navigable waterway, or attaching more than ten of any such devices from any one line or support.
B. Any line or lines to which mechanical fishing devices are attached shall be:
1. Made of nonmetallic material only;
2. No greater than 50 feet in length; and
3. Placed or suspended without restricting or impeding boat navigation between any two such lines.
C. Any person violating the provisions of this section shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00).
D. Any mechanical fishing device being used in violation of this section shall be confiscated as contraband.
E. No line or lines to which mechanical fishing devices are attached shall be placed in any body of water used by boats, unless marked so as to be visible to such boats using any such body of water at any time of the day or night.
Laws 1974, c. 61, § 1; Laws 1986, c. 56, § 1, eff. Nov. 1, 1986; Laws 1993, c. 214, § 9, eff. Sept. 1, 1993; Laws 1994, c. 85, § 1, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-101. Short title.

Sections 1-101 through 5-101 of this title shall be known and may be cited as the "Oklahoma Guardianship and Conservatorship Act".
Added by Laws 1988, c. 329, § 1, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 1, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-102. Articles in Act.

The Oklahoma Guardianship and Conservatorship Act shall be composed of the following articles:
Article I General provisions
Article II Minors
Article III Adults
Article IV Miscellaneous
Added by Laws 1988, c. 329, § 2, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 2, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-103. Purpose of Act - Legislative intent.

A. It is the purpose of the Oklahoma Guardianship Act to promote the general welfare of all citizens by establishing a system of general and limited guardianships for minors and for incapacitated and partially incapacitated persons which provides for the protection of their rights and the management of their financial resources.
B. It is the purpose of the system of general and limited guardianships for incapacitated and partially incapacitated persons established by this act to provide for the participation of such persons, as fully as possible, in the decisions which affect them. It is the intent of the Oklahoma State Legislature:
1. That the court shall exercise the authority conferred by the Oklahoma Guardianship Act so as to encourage the development of maximum self-reliance and independence of the incapacitated or partially incapacitated person and make appointive and other orders only to the extent necessitated by the mental and adaptive limitations or other condition of the incapacitated or partially incapacitated person warranting the procedure;
2. That in performing their duties and exercising their powers, guardians and limited guardians of incapacitated or partially incapacitated persons shall:
a.
assure, to the extent reasonably possible, that the rights of the wards for whom they are appointed are protected;
b.
encourage, to the extent reasonably possible, incapacitated or partially incapacitated persons to participate to the maximum extent of their abilities in all decisions which affect them and to act on their own behalf on all matters in which they are able to do so within the limitations imposed by the court; and
c.
as appropriate, assist their wards to develop or regain to the maximum extent possible their capacity to meet the essential requirements for their health or safety, or to manage their financial resources or both.
Added by Laws 1988, c. 329, § 3, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-104. Existing guardianships or conservatorships - Compliance with Act - Court review of cases.

A. 1. Any guardianship or conservatorship in existence on or created on or after December 1, 1990, shall comply with the provisions of the Oklahoma Guardianship and Conservatorship Act.
2. Unless otherwise modified or terminated, all guardianships and conservatorships established prior to the effective date of the Oklahoma Guardianship and Conservatorship Act shall remain in full force and effect.
3. All guardians or conservators shall retain the powers assigned to them, unless otherwise modified or terminated by the court.
B. The Chief Judge of each district court shall establish a schedule by court rule which shall provide for a court review by December 1, 1991 of each guardianship and conservatorship case in which a guardian or conservator was appointed after January 1, 1980.
Added by Laws 1988, c. 329, § 4, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 3, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-105. Guardian defined.

A guardian is a person appointed by the court to take care of the person or property of another.
R.L. 1910, § 3321. Amended by Laws 1988, c. 329, § 5, eff. Dec. 1, 1988. Renumbered from § 1 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-106. Guardians ad litem excluded.

The term "guardian" includes persons appointed as general and limited guardians of the person, general and limited guardians of property, and special guardians, but does not include persons appointed as guardians ad litem.
Added by Laws 1988, c. 329, § 6, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 4, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-107. Ward defined.

A person over whom a guardian is appointed and a person over whose property a guardian or conservator is appointed is called a ward.
R.L. 1910, § 3322. Amended by Laws 1988, c. 329, § 7, eff. Dec. 1, 1988. Renumbered from § 2 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-108. Guardians classified.

Guardians are either:
1. General;
2. Limited; or
3. Special.
R.L. 1910, § 3323. Amended by Laws 1988, c. 329, § 8, eff. Dec. 1, 1988. Renumbered from § 3 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 5, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-109. General guardian.

A. A general guardian is a guardian of the person or of all the property of the ward within this state or of both such person and property.
B. A limited guardian is a person authorized by the court to exercise limited powers over the person of the ward, or over the property of the ward within this state, or over both such person and property.
R.L. 1910, § 3324. Amended by Laws 1988, c. 329, § 9, eff. Dec. 1, 1988. Renumbered from § 4 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 6, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-110. Special guardian.

A special guardian may be appointed by the court pursuant to Section 3-115 of this title.
R.L. 1910, § 3325. Amended by Laws 1988, c. 329, § 10, eff. Dec. 1, 1988. Renumbered from § 5 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 7, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-112. Persons and property subject to act - Power of appointment - Parental rights.

A. Except as otherwise specifically provided by law, the Oklahoma Guardianship and Conservatorship Act applies to:
1. Minors in this state. Guardianships for minors established pursuant to Section 3 of this act shall only be subject to provisions of the Oklahoma Guardianship and Conservatorship Act as provided in subsection B of this section;
2. Incapacitated and partially incapacitated persons in this state; and
3. Property located in this state of nondomiciliaries who are minors or incapacitated or partially incapacitated persons, or property coming into the control of a guardian who is subject to the laws of this state.
B. Guardianships, subject to Section 3 of this act, shall be subject to Article 1 of the Oklahoma Guardianship and Conservatorship Act and Sections 4-501, 4-503, 4-706, 4-707, 4-801, 4-802, 4-901 and 4-902 of Title 30 of the Oklahoma Statutes.
C. No person, whether a parent or otherwise, has any power as a guardian, except by appointment by a court. The provisions of the Oklahoma Guardianship and Conservatorship Act shall not be construed to limit the parental rights of parents as the natural guardians of their children.
R.L. 1910, § 3327. Amended by Laws 1988, c. 329, § 12, eff. Dec. 1, 1988. Renumbered from § 7 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 9, operative July 1, 1990; Laws 2000, c. 385, § 13, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-113. Appointment of guardian - Jurisdiction.

A. A guardian of the person or property, or both, of a person residing in this state, who is a minor, or an incapacitated or partially incapacitated person, may be appointed in all cases by the court as provided in this title.
B. After the service of notice in a proceeding seeking the appointment of a guardian or other order, in subsequent proceedings pertaining to the guardianship of a ward and until termination of the proceeding, the court in which the petition is filed has exclusive jurisdiction to determine:
1. The need for a guardian or other order; and
2. How the estate of the ward shall be managed, expended, or distributed to or for the use of the ward or the dependents of the ward.
R.L. 1910, § 3328. Amended by Laws 1988, c. 329, § 13, eff. Dec. 1, 1988. Renumbered from § 8 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 10, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-114. Powers of court.

A. In all cases the court making the appointment of a guardian has exclusive jurisdiction to control such guardian in the management and disposition of the person and property of the ward.
B. The court has jurisdiction over guardianship proceedings, and has the following powers, which must be exercised in the manner prescribed by statute, to:
1. Appoint and remove guardians for minors and for incapacitated and partially incapacitated persons;
2. Issue and revoke letters of guardianship;
3. Control the conduct of guardians with regard to the care and treatment provided to their wards;
4. Control the conduct of guardians with regard to the management of the financial resources of their wards, including but not limited to the power to:
a.
compel guardians to submit plans, reports, inventories and accountings to the court,
b.
compel payment and delivery by guardians of property belonging to their wards,
c.
order the payment of debts, the sale of property, and order and regulate the distribution of property which has been placed under the control or management of a guardian, and
d.
settle the accounts of guardians;
5. Appoint appraisers of the property of wards;
6. Compel the attendance of witnesses and the production of documents and property;
7. After a petition has been filed for appointment of a guardian for a minor, make or modify any temporary order of guardianship during the progress of the proceedings that would be in the best interest of the ward. Any such temporary order may be entered ex parte with written notice sent to all parties directing them to appear before the court, at a time and place therein specified, not more than twenty (20) days from the time of making such order, to show cause why the order should not be granted for temporary guardianship; and
8. Exercise all powers conferred by the Oklahoma Guardianship and Conservatorship Act, Section 1-101 et seq. of this title, and to make such orders as may be necessary for the exercise of said powers.
C. The chief judge of each district court shall establish by court rule a system for:
1. The filing of guardianship and conservatorship cases and records which distinguish them from probate cases; and
2. Monitoring the filing of annual reports and inventories required by this title for the purpose of assuring that the court will be notified of annual reports as they fall due and whether or not said reports are filed.
R.L. 1910, § 3330. Amended by Laws 1988, c. 329, § 14, eff. Dec. 1, 1988. Renumbered from § 10 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 11, operative July 1, 1990; Laws 1992, c. 115, § 1, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-115. Venue - Priorities of jurisdiction - Transfer - Consolidation.

A. The venue for a guardianship proceeding is in:
1. The district court of the county where the minor or the incapacitated or partially incapacitated person resides;
2. The district court of the county where the proposed guardian resides if the proposed guardian is a member of the minor's or incapacitated person's family; or
3. The district court of the county to which the cause is transferred by a judge of the court in which the petition was filed or the cause is pending. Provided, venue to appoint the guardian of a nonresident minor or incapacitated person shall be in a county where the nonresident has property.
B. If a proceeding pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to exercise jurisdiction over the proceeding and proceed with the action. A court shall not exercise jurisdiction over a proceeding for guardianship of a minor pursuant to this title if, at the time the petition for guardianship is filed, another court of this state is exercising jurisdiction pursuant to Section 1-4-101 of Title 10A of the Oklahoma Statutes, unless after notice to the parties in the deprived action, the written consent of such court is obtained and filed in the guardianship proceeding.
1. If proceedings concerning the same estate, minor, alleged incapacitated or partially incapacitated person, or ward are commenced in more than one court of this state, the court in which a proceeding was first commenced shall continue to hear the matter and determine venue. If the court where the proceeding was first filed determines that venue is properly in another court, it shall transfer the proceeding to the other court.
2. If the court finds that in the interest of justice a proceeding should be conducted in another court of this state, the court may transfer the proceeding to the other court.
C. If both guardianship and conservatorship proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
Added by Laws 1988, c. 329, § 15, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 12, operative July 1, 1990; Laws 2005, c. 69, § 3, eff. Nov. 1, 2005; Laws 2009, c. 234, § 134, emerg. eff. May 21, 2009.
NOTE: Laws 1990, c. 51, § 20 repealed by Laws 1991, c. 335, § 36, emerg. eff. June 15, 1991.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-116. Place of hearing - Order and decree.

A. The power conferred upon the court in relation to guardians and wards may be exercised in chambers or elsewhere in the discretion of the judge. Any hearing held pursuant to the provisions of this act may be held at such place as the court directs.
B. Any order appointing a guardian must be entered as and become a decree of the court.
C. Except as otherwise specifically provided by this act, the provisions of Title 58 of the Oklahoma Statutes relative to the estates of decedents, so far as they relate to the practice in the courts, apply to proceedings under this title. The rules of civil procedure including the rules concerning discovery, vacation of orders and appellate review, govern proceedings subject to the Oklahoma Guardianship and Conservatorship Act unless otherwise provided in this title or Title 58 of the Oklahoma Statutes.
R.L. 1910, § 6585. Amended by Laws 1953, p. 249, § 87; Laws 1988, c. 329, § 16, eff. Dec. 1, 1988. Renumbered from Title 58, § 893 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 13, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-117. Guardians ad litem - Power to appoint - Appointment.

A. Nothing contained in this title affects or impairs the power of any court to appoint a guardian ad litem to defend the interests of any minor interested in any suit or matter pending therein.
B. At any point in a guardianship proceeding, the subject of the proceeding, his attorney, the guardian of the subject of the proceeding or anyone interested in the welfare of the subject of the proceeding may file an application to have a guardian ad litem appointed by the court, or the court on its own motion may appoint a guardian ad litem. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
R.L. 1910, § 6537. Amended by Laws 1953, p. 249, § 86; Laws 1988, c. 329, § 17, eff. Dec. 1, 1988. Renumbered from Title 58, § 891 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 14, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-118. Guardian of nonresident.

A guardian of the property, within this state, of a person not residing therein, who is a minor, or an incapacitated or partially incapacitated person, may be appointed by the court as provided by this title.
R.L. 1910, § 3329. Amended by Laws 1988, c. 329, § 18, eff. Dec. 1, 1988. Renumbered from § 9 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 15, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-119. Powers of guardian.

A guardian has only those powers over the person or the property of the ward, or both such person and property, as ordered by the court pursuant to this title.
R.L. 1910, § 3333. Amended by Laws 1988, c. 329, § 19, eff. Dec. 1, 1988. Renumbered from § 14 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 16, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-120. Power of guardian of the person - Report of change of ward's abode - Power of limited guardians.

A. A guardian, including a special guardian, of the person is charged with the custody of the ward, and must look to the support, health and education of the ward. Except as provided by Section 3-113 of this title, he may fix the place of abode of the ward at any place within the county, but not elsewhere, without permission of the court and any change in the place of abode of a ward within the county shall be reported to the court.
B. Limited guardians of partially incapacitated persons shall not have custody of the person of the ward and shall have only those powers or controls over the person of the ward specifically ordered in a dispositional order or other order of the court.
R.L. 1910, § 3334. Amended by Laws 1988, c. 329, § 20, eff. Dec. 1, 1988. Renumbered from § 15 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 17, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-121. Guardian of the property - Power - Fiduciary duty.

A. A guardian of the property must keep safely the property of his ward. He must not permit any unnecessary waste or destruction of the real property, nor make any sale of such property without the order of the court, but must so far as it is in his power, maintain the same, with its buildings and appurtenances, out of the income or other property of the estate, and deliver it to the ward or the successors of the ward at the close of his guardianship, in as good condition as he received it.
B. A guardian of the property, in relation to powers conferred pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act, shall act as a fiduciary and shall perform, diligently and in good faith, as a prudent person would in managing his own property, not with regard to speculation but with regard to conservation and growth, and the specific duties and powers assigned by the court.
R.L. 1910, § 3335. Amended by Laws 1988, c. 329, § 21, eff. Dec. 1, 1988. Renumbered from § 16 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 18, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-122. Confidential information filed with court.

A. Confidential information filed with or submitted to the court in conjunction with any proceeding pursuant to the Oklahoma Guardianship and Conservatorship Act, shall not constitute a public record and shall be sealed by the court. Access to confidential information shall be strictly controlled. Except upon court order, no confidential information shall be disclosed to persons other than:
1. The subject of the proceeding and the subject’s attorney;
2. The guardian ad litem;
3. If the subject of the confidential information is a ward, the guardian or conservator of such ward;
4. If the subject of the confidential information is the guardian or conservator, the ward and the subject’s attorney, and the attorney of such guardian or conservator;
5. Abstractors licensed pursuant to the Oklahoma Abstractors Law, for the purpose of having access to records regarding minors and determinations of persons as incapacitated or partially incapacitated persons pursuant to the Oklahoma Guardianship Act. Abstractors shall maintain the confidentiality of this data, except for such parts as are relevant to the land title being researched;
6. An authorized representative of the United States Department of Veterans Affairs upon presentation of proper identification; and
7. An authorized representative of the Department of Human Services upon presentation of proper identification.
B. The fact of the existence of a guardianship or conservatorship of a person or that person's estate shall not be considered confidential information.
Added by Laws 1988, c. 329, § 22, eff. Dec. 1, 1988. Amended by Laws 1989, c. 12, § 1, emerg. eff. March 27, 1989; Laws 1990, c. 323, § 79, operative July 1, 1990; Laws 1991, c. 18, § 2, emerg. eff. March 29, 1991; Laws 1992, c. 395, § 1, eff. Sept. 1, 1992; Laws 1999, c. 214, § 1, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-123. Letters of guardianship.

Letters of guardianship are evidence of the transfer of the management or administration of all assets, or the part thereof specified in the letters, of a ward to the guardian. An order terminating a guardianship is evidence of transfer of the management or administration of all assets subject to the guardianship from the guardian to the ward, or to successors of the ward.
Added by Laws 1988, c. 329, § 23, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-124. Guardianship and conservatorship handbook and duties summary.

The Oklahoma Bar Association shall prepare a guardianship and conservatorship handbook for distribution by the Administrative Office of the Courts to the district courts by providing a link to the handbook on the Oklahoma State Courts Network (OSCN) website. The handbook shall be written in clear, simple language and shall include information about the laws and procedures which apply to adult guardianships and conservatorships and the duties and responsibilities of such guardians and conservators. The handbook shall include a summary of the duties of guardians and conservators including, but not limited to, statutory notices, timetables, and required court approvals. The summary shall emphasize the significance of timely accountability to the court and to the ward as well as the sanctions and penalties which may be imposed for failure to comply with the requirements of the law or orders of the court.
Added by Laws 1988, c. 329, § 24, eff. Dec. 1, 1988. Amended by Laws 1994, c. 234, § 3, eff. Sept. 1, 1994; Laws 2019, c. 417, § 2, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-1-125. Computation of time.

The time within which an act is to be done, as provided for in Title 30 of the Oklahoma Statutes, shall be computed by excluding the first day and including the last day. If the last day is a legal holiday as defined by Section 82.1 of Title 25 of the Oklahoma Statutes, it shall be excluded. The provisions of this section are hereby declared to be a clarification of the law as it existed prior to the effective date of this act and shall not be considered or construed to be a change of the law as it existed prior to the effective date of this act. Any action or proceeding arising under Title 30 of the Oklahoma Statutes prior to the effective date of this act for which a determination of the period of time prescribed by this section is in question or has been in question due to the enactment of Section 20, Chapter 293, O.S.L. 1999, shall be governed by the method for computation of time as prescribed by this section.
Added by Laws 2000, c. 260, § 2, emerg. eff. June 1, 2000.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-2-102. Nominations of guardian.

A. A guardian of the person or estate, or of both, of a child born, or likely to be born, may be nominated by will or by other written instrument, to take effect upon the death of the parent so nominating:
1. If the child is born in wedlock, by either parent or by both parents.
2. If the child is born out of wedlock, by the mother of the child or by the natural father of the child, if said natural father has acknowledged paternity pursuant to Section 55 of Title 10 of the Oklahoma Statutes or has been judicially determined to be the father of the child at a paternity proceeding pursuant to Section 70 of Title 10 of the Oklahoma Statutes, or by both such mother and father.
B. A nomination made by a parent who has relinquished parental rights pursuant to an adoption proceeding or whose parental rights have been terminated by a district court shall have no effect.
R.L. 1910, § 3326. Amended by Laws 1988, c. 329, § 26, eff. Dec. 1, 1988. Renumbered from § 6 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1991, c. 71, § 6, emerg. eff. April 15, 1991.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-2-103. Nomination and appointment of guardian - Age of minor.

A. If the minor is under the age of fourteen (14) years, the court may name and appoint his guardian. If the minor has attained the age of fourteen (14) years, the minor may nominate his own guardian, who, if approved by the court, must be appointed accordingly.
B. The court, in appointing a guardian for a minor, is to be guided by Section 112.5 of Title 43 of the Oklahoma Statutes.
R.L. 1910, § 6523. Amended by Laws 1953, p. 244, § 65; Laws 1988, c. 329, § 27, eff. Dec. 1, 1988. Renumbered from § 762 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 2009, c. 234, § 135, emerg. eff. May 21, 2009; Laws 2010, c. 358, § 5, emerg. eff. June 7, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-2-104. Nomination of guardian by minor at 14 years of age - Approval of court.

When a guardian has been appointed by the court for a minor under the age of fourteen (14) years, the minor, at any time after he has attained age fourteen (14), may nominate his own guardian, subject to the approval of the court.
R.L. 1910, § 6529. Amended by Laws 1988, c. 329, § 28, eff. Dec. 1, 1988. Renumbered from Title 58, § 768 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-2-105. Appointment when ward's nominee ineligible.

If a guardian nominated by a minor who has attained the age of fourteen (14) years is not approved by the court or if, after being notified by the court, the minor neglects for ten (10) days to nominate a suitable person, the court may name and appoint a guardian in the same manner as if the minor was under the age of fourteen (14) years.
R.L. 1910, § 6524. Amended by Laws 1988, c. 329, § 29, eff. Dec. 1, 1988. Renumbered from Title 58, § 763 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.