§ 2-101. Guardian of minor to be appointed, when--Petition--Notice
Oklahoma Statutes AnnotatedTitle 30. Guardian and WardEffective: November 1, 2021
Effective: November 1, 2021
30 Okl.St.Ann. § 2-101
§ 2-101. Guardian of minor to be appointed, when--Petition--Notice
C. 1. Before making the appointment, the court may receive an investigation and report regarding the background and home of the prospective guardian. The investigation and report of the prospective guardian and placement restrictions and requirements shall be made pursuant to the requirements of the Oklahoma Adoption Code.1 In determining whether to require a home study pursuant to the provisions of this paragraph, the court shall balance the need for a home study to protect the best interests of the minor with the ability of the prospective guardian to pay for the home study.
4. Except in the case of an emergency guardianship placement, the court shall receive a background check for a prospective guardian and all other household members eighteen (18) years of age and older, consisting of a review of a national fingerprint-based criminal background check or an Oklahoma State Bureau of Investigation name-based criminal history background check, a search of the Department of Corrections' files maintained pursuant to the Sex Offenders Registration Act,4 and a search of the child abuse and neglect information system (CANIS) maintained for review by authorized entities by the Department of Human Services. The Department may charge a fee not to exceed Thirty-five Dollars ($35.00) for each search performed pursuant to this paragraph. In the case of an emergency placement, the court may waive the requirement for a CANIS search if it cannot be obtained in a reasonable time and the court determines that it is in the minor's best interest that the CANIS search be waived.
D. In addition, before making the appointment, the court must cause notice of the hearing on the petition for appointment of a guardian for a minor to be given in the form required by the court to the minor if the minor has attained the age of fourteen (14) as of the date the petition is filed. The court shall also cause notice to be sent to the following persons:
E. Such notice shall be mailed to each person entitled to notice pursuant to this section, at that person's address as last-known to the petitioner, at least ten (10) days prior to the date set by the court for hearing on the petition. Provided, the court may direct a shorter notice period if the court deems such shorter notice period to be appropriate under the circumstances. If there is no person other than the minor who is entitled to notice, or if the address of any person, other than the minor, who is entitled to notice is not known to the petitioner, the petition shall so allege. The court may direct that notice, other than notice to the minor if the minor has attained the age of fourteen (14), be waived or be given to any person or persons other than the minor in such manner as the court determines and directs.
Credits
R.L.1910, § 6522; Laws 1953, p. 244, § 64; Laws 1969, c. 302, § 27, eff. Jan. 1, 1970; Laws 1988, c. 329, § 25, eff. Dec. 1, 1988. Renumbered from Title 58, § 761 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Laws 1990, c. 323, § 19, operative July 1, 1990; Laws 2004, c. 158, § 1; Laws 2018, c. 196, § 1, eff. Nov. 1, 2018; Laws 2019, c. 401, § 1, eff. Nov. 1, 2019; Laws 2021, c. 26, § 1, eff. Nov. 1, 2021.
Footnotes
Title 10, § 7501-1.1 et seq.
Title 10A, § 1-1-101 et seq.
Title 10A, § 2-1-101 et seq.
Title 57, § 581 et seq.
30 Okl. St. Ann. § 2-101, OK ST T. 30 § 2-101
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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