(a) The court can order a child's permanent care and custody transferred to a kinship guardian 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.  Kinship guardianships include the parental responsibilities of protection, education, care and control, custody, and decision making. • 1

(b) Prior to such an order, a kinship foster parent may file a petition with the court to be appointed as kinship guardian for the child.  The petition for kinship guardianship shall allege that:

• (1) the child is in the legal custody of the Department;
• (2) more than 12 months have passed since the date of the dispositional order placing the child in the legal custody of the Department;
• (3) the parents of the child are presently and for the foreseeable future unable to provide proper and adequate care for the child;
• (4) the child has resided with the kinship foster parent and there exists loving and emotional ties between the child and the kinship foster parent; and
• (5) it is in the best interests of the child for the petition to be granted.

(c) Notice of the petition and a copy of the petition are served upon the parties, the Department, and the guardian ad litem for the child, if any.

(d) Prior to the entry of an order appointing a kinship guardian, the court is to receive the most recent report regarding the background and home of the prospective kinship guardian.

(e) If the court finds that the elements of the petitions have been proven based on clear and convincing evidence or upon the consent of all parties, the court grants the petition.

(f) An order appointing a person as a kinship guardian awards custody of the child to the kinship guardian.  A kinship guardian has the same authority as the parent to consent on behalf of the child, except that a kinship guardian cannot consent to the adoption or surrender of the child.

(g) The order transferring the permanent care and custody of a child to a kinship guardian remains in effect until:

• (1) the child reaches the age of 18 years;
• (2) the child is married or legally emancipated;
• (3) the court finds after evidentiary hearing that the child has been abused or neglected while in the care and custody of the kinship guardian and it is in the best interests of the child that the custody of the child be returned to the parents;
• (4) the district attorney, an attorney for the child, or the kinship guardian petitions the court for modification of the order and the court finds after evidentiary hearing that it is in the best interests of the child for the order to be modified 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.

(h) The order appointing a kinship guardian requires review of the placement within one year after transfer. The kinship guardian(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 to the kinship guardian shall remain in full force and effect.

(i) Except as otherwise provided by the court, the appointment of a kinship guardian does not affect or impair the visitation rights of a parent.