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§ 1-4-812. Determination of eligibility of foster parent to adopt

Oklahoma Statutes AnnotatedTitle 10A. Children and Juvenile Code

Oklahoma Statutes Annotated
Title 10a. Children and Juvenile Code
Article 1. Oklahoma Children's Code
Chapter 4. Court Proceedings
Part 8. Postdispositional, Placement and Miscellaneous Hearings
10A Okl.St.Ann. § 1-4-812
§ 1-4-812. Determination of eligibility of foster parent to adopt
Currentness
A. During any permanency hearing, if it is determined by the court that a child should be placed for adoption, the foster parent of the child shall be considered eligible to adopt the child, if the foster parent meets established eligibility requirements pursuant to this section.
B. If the child has resided with a foster parent for at least one (1) year, the court shall give great weight to the foster parent in the adoption consideration for the child unless there is an existing loving emotional bond with a relative of the child by blood or marriage who is willing, able, and eligible to adopt the child.
C. In making such determination, the court shall consider whether the child has become integrated into the foster family to the extent that the child's familial identity is with the foster family, and whether the foster family is able and willing permanently to treat the child as a member of the family. The court shall consider, without limitation:
1. The love, affection, and other emotional ties existing between the child and the relatives of the child, and the child's ties with the foster family;
2. The capacity and disposition of the child's relatives as compared with that of the foster family to give the child love, affection, and guidance and to continue the education of the child;
3. The length of time a child has lived in a stable, satisfactory foster home and the desirability of the child's continuing to live in that environment;
4. The physical and mental health of the relatives of the child as compared with that of the foster family;
5. The experiences of the child in the home, school, and community, both when with the parents from whom the child was removed and when with the foster family;
6. The age and preference of the child;
7. The long-term best interests of the child; and
8. Any other factor considered by the court to be relevant to a particular placement of the child.

Credits

Laws 1998, c. 414, § 18, emerg. eff. June 11, 1998; Laws 2005, c. 75, § 1, eff. Nov. 1, 2005. Renumbered from Title 10, § 7003-5.6h and amended by Laws 2009, c. 233, §§ 46, 258, emerg. eff. May 21, 2009.
10A Okl. St. Ann. § 1-4-812, OK ST T. 10A § 1-4-812
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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