Okla. Stat. tit. 30 § 7-104

Current through Laws 2024, c. 378.

Section 7-104 - [Effective 11/1/2024]

A. A designated standby guardian or alternate shall file a petition for approval as standby guardian. The petition shall be filed as soon as practicable after the occurrence of the triggering event but in no event later than thirty (30) days after the triggering event. The authority of the standby guardian shall cease upon his or her failure to so file but shall recommence upon such filing. The petition shall be accompanied by a copy of the designation and any documentation supporting the occurrence of the triggering event.

B. Upon the filing of a petition, notice of the filing shall promptly be given to each parent of the child whose identity and whereabouts are known to the petitioner. The court shall direct the issuance of summonses to the child, if the child is twelve (12) years of age or older and the proposed standby guardian and alternate, if any, and such other persons as appear to the court to be necessary parties to the proceedings including the child's parents, stepparents, grandparents, adult siblings, guardian, legal custodian or other person standing in loco parentis, if the identity and whereabouts of such persons are known.

C. The court shall enter an order approving the standby guardian upon finding that:

1. The person was duly designated as standby guardian pursuant to this act and the designation has not been revoked;

2. A triggering event occurred, and the parent consented to commencement of the standby guardian's authority;

3. The best interests of the child will be served by approval of the standby guardian; and

4. If the petition is by an alternate standby guardian, that the designated standby guardian is unwilling or unable to serve.

D. An order approving the standby guardian shall not be entered without a hearing if there is another known parent, stepparents, adult siblings, or other adult related to the child by blood, marriage, or adoption who requests a hearing within ten (10) days of the date that notice of the filing was sent or if there is other litigation pending regarding custody of the child.

E. Prior to any hearing on the petition, the court may appoint a guardian ad litem to represent the child. The qualified parent shall not be required to appear in court if the parent is detained and unable to appear, or upon motion for any other good cause shown.

Okla. Stat. tit. 30, § 7-104

Added by Laws 2024, c. 41,s. 4, eff. 11/1/2024.