(a) The court can order a child's permanent care and custody transferred to another person subject to the residual parental rights and responsibilities  [OAC 340:75-6-4]  and such orders of the court as deemed necessary for the health, safety, or welfare of the child, upon the written consent of the parents of the child or upon the consent of one parent only if:

• (1) the other parent is deceased;
• (2) the other parent has been determined incompetent or incapacitated by a court of law;
• (3) the other parent's whereabouts or identity is unknown and this fact is attested by an affidavit of the consenting parent;
• (4) the other parent who is eighteen years of age or older has signed a statement consenting to the transfer, executed before a notary public;
• (5) the parental rights of the other parent have been terminated;
• (6) the other parent has been or is found by the court to be unfit or unable to exercise parental rights or responsibilities for the child based upon the legal grounds for termination;  [OAC 340:75-1-23]
• (7) the other parent is or has been subject to the Oklahoma Sex Offenders Registration Act or any similar act in any other state; or
• (8) the other parent has abandoned the child or is determined by the court to be otherwise unfit to assume custody of the child for any other reason.   • 1

(b) Prior to such an order, the court receives a background check and home study of the prospective custodian.  Such report and investigation are made pursuant to the requirements of the Oklahoma Adoption Code.  DHS is only required by the court to do this home study or background check when:

• (1) the Department has previously conducted a home study on the prospective custodian within the past three years; or
• (2) the child is in the custody or under the legal supervision of the Department.

(c) The order transferring the permanent care and custody of a child remains in effect until:

• (1) the child reaches the age of 18 years;
• (2) the child marries or is legally emancipated;
• (3) the parent who consented to the transfer of permanent care and custody of the child petitions the court for the return of the child, and the court finds that the child has been abused or neglected while in the custody of the custodian, and it is in the best interests of the child that custody be returned to the parents;
• (4) the district attorney, attorney for the child, or custodian petitions the court for modification of the order and custody be given to another person, pursuant to the Oklahoma Guardianship and Conservator's Act or the Oklahoma Children's Code;
• (5) the order terminates because of the death or incapacity of the custodian or the death of the child; or
• (6) the child is adopted.

(d) The order transferring permanent care and custody of a child requires review of the placement within one year after transfer.  The person(s) to whom custody is transferred may be required to submit any records or reports the court deems necessary for the purposes of such review.  DHS is not required to supervise such placements during the one year prior to this court review.  Further reviews are not required if the parties agree with the assent of the court that such reviews are not necessary to serve the best interests of the child.  Unless such reviews are required by order of the court, the court may then close the case provided the order transferring the permanent care and custody of the child remains in full force and effect.