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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 699 By: Pederson
AS INTRODUCED
An Act relating to permanency hearings; ame nding 10A
O.S. 2021, Section 1 -4-812, which relates to
determination of eligibility of fos ter parent to
adopt; requiring court to give priority to foster
parent for adoption of child under c ertain
circumstances; providing exceptions for requirement
to consider relative for custo dy of child; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -4-812, is
amended to read as follows:
Section 1-4-812. A. During any permanency hearing , if it is
determined by the court that a child sho uld 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 l east
one (1) year, the court shall give great weight first priority to
the foster parent in the adoption consi deration for the child unless
there is an existing loving emotional bond with a relative of the
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child by blood or marriage who is willing, able, a nd eligible to
adopt the child. Provided, however, the court shall not be required
to consider a relative as legal guardian of the child if:
1. The relative did not attempt to care for or obtain custody
of the child within si x (6) months of the child bei ng removed from
the custody of the pare nt if the removal was known to the rel ative;
2. The goal of the current permanency or concurrent plan
formulated by the Department of Human Services is adoption; and
3. The federal and state Indian Child Welfare Acts are not
applicable to the child.
C. In making such determination, the court shall consider
whether the child has be come 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, withou t limitation:
1. The love, affection, and other emotional ties existing
between the child and the relative s 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 f oster family to give the child love,
affection, and guidance and to continue the educat ion of the child;
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3. The length of time a child ha s lived in a stable,
satisfactory foster home and the desirability of the child ’s
continuing to live in that environme nt;
4. The physical and mental health of the relatives of the child
as compared with that of the foster fa mily;
5. The experiences of th e 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; a nd
8. Any other factor conside red by the court to be relevant to a
particular placement of the child.
SECTION 2. This act shall bec ome effective November 1, 2023.
59-1-1213 TEK 1/18/2023 1:22:47 PM