Grounds for Termination of Parental Rights Oklahoma

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Wanting to Adopt? Pregnant?  

Sexual Abuse

Failure to Maintain Contact

Failure to Provide Support

Child Judged in Need of Services/Dependent

Child's Best Interest

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child

Circumstances That Are Not Grounds for Termination

Failure to Establish Paternity

Okla. Stat. Ann. tit. 10, § 7006-1.1(A) (West, WESTLAW through 2001 1st Ex. Sess.)

The finding that a child is delinquent, in need of supervision or deprived shall not deprive the parents of the child of their parental rights,
but a court may terminate the rights of a parent
to a child in the following situations. The
paramount consideration shall be the health,
safety or welfare and best interests of the
child.

Upon a written consent of a parent, including a
parent who is a minor, who desires to terminate
such parent's parental rights; provided that the court finds that such termination is in the best interests of the child.

A finding that a parent has abandoned the child. The term 'abandonment' includes, but is not limited to, the following:

The parent has left the child alone or in the care of another who is not the parent without identifying the child or furnishing a means of identification, the whereabouts of the parents are unknown, and the child's identity cannot be ascertained by the exercise of reasonable diligence; or the parent has expressed a willful intent by words, actions, or omissions not to return for the child; or

The parent fails to establish and/or maintain a
substantial and positive relationship with the
child for a period of 6 consecutive months out of
the last 14 months immediately preceding the
filing of a petition for termination of parental
rights.

A finding that the parent of a child:

Has voluntarily placed physical custody of the
child with the Department or with a child-placing agency for out-of-home placement;

Has not complied with the placement agreement; and

Has not demonstrated during such period a firm
intention to resume physical custody of the child
or to make permanent legal arrangements for the
care of the child.

A finding that:

The child has been adjudicated to be deprived;

Such condition is caused by or contributed to by
acts or omissions of the parent; and

The parent has failed to show that the condition
which led to the adjudication of a child as
deprived has been corrected although the parent
has been given not less than the time specified
by law to correct the condition.

A finding that a subsequent child has been born
to a parent whose parental rights to any other
child has been terminated by the court; provided,
that the applicant shall show that the condition
which led to the making of the finding which
resulted in the termination of such parent's
parental rights to the other child has not been
corrected.

A finding that a parent who does not have custody of the child has for a period of 12 consecutive months out of the last 14 months immediately preceding the filing of a petition for termination of parental rights, willfully failed, refused or neglected to contribute to the support of such child, in substantial compliance with an order entered by a court of competent jurisdiction adjudicating the duty, amount and manner of support; or according to such parent's financial ability to contribute to such child's support. Incidental or token visits or communications shall not be construed or considered in establishing whether a parent has maintained or contributed to the support of the child.

A conviction in a criminal action that the parent:

Caused the death of the child as a result of the
physical or sexual abuse or chronic abuse or
chronic neglect of such child;

Caused the death of a sibling of the child as
result of the physical or sexual abuse or chronic
abuse or chronic neglect of such sibling;

Committed the murder of any child or aided or
abetted, attempted, conspired or solicited to
commit murder of any child;

Committed voluntary manslaughter of another child
of the parent, or aided or abetted, attempted,
conspired or solicited to commit voluntary
manslaughter of another child of the parent; or

Committed a felony assault that has resulted in serious bodily injury to the child or another child of the parent.
A finding in a deprived child action either that:

The parent has physically or sexually abused the child or a sibling of such child or failed to protect the child or a sibling of such child from physical or sexual abuse that is heinous or shocking to the court;

The child or sibling of such child has suffered severe harm or injury as a result of such physical or sexual abuse;

The parent has physically or sexually abused the child or a sibling of such child or failed to protect the child or a sibling of such child from physical or sexual abuse subsequent to a previous finding that such parent has physically or sexually abused the child or a sibling of such child or failed to protect the child or a sibling of such child from physical or sexual abuse;
The child has been adjudicated a deprived child as a result of a single incident of severe sexual abuse, severe neglect or the infliction of serious bodily injury or torture to the child, a sibling of the child, or a child within the household where the child resides, by the parent of the child; or

The parent has inflicted chronic abuse, chronic neglect or torture on the child, a sibling of the child or another child within the household where the child resides.

The child was conceived as a result of rape or an act committed outside of this State which if committed in this State would constitute rape. This paragraph shall only apply to the parent who committed the rape or act and whose child has been placed out of the home.

A finding that all of the following exist:

The child has been adjudicated deprived; and
Custody of the child has been placed outside the home of a natural or adoptive parent, guardian or extended family member; and

The parent whose rights are sought to be terminated has been incarcerated; and

The continuation of parental rights would result
in harm to the child based on consideration of
the following factors, among others: the duration
of incarceration and its detrimental effect on
the parent/child relationship; any previous
incarcerations; any history of criminal behavior,
including crimes against children; the age of the
child; the evidence of abuse or neglect of the
child or siblings of the child by the parent; and
the current relationship between the parent and
the child and the manner in which the parent has
exercised parental rights and duties in the past.

Provided, that the incarceration of a parent

shall not in and of itself be sufficient to
deprive a parent of parental rights.

A finding that all of the following exist:

The child has been adjudicated deprived;
Custody of the child has been placed outside the home of a natural or adoptive parent, guardian or extended family member;

The parent whose rights are sought to be
terminated has a mental illness or mental
deficiency which renders the parent incapable of
adequately and appropriately exercising parental
rights, duties and responsibilities;

The continuation of parental rights would result
in harm or threatened harm to the child; and

The mental illness or deficiency of the parent is
such that it will not respond to treatment, and
based upon competent medical opinion, the
condition will not substantially improve.

The parent of the child has a history of
extensive, abusive and chronic use of drugs or
alcohol and has resisted treatment for this
problem during a 3-year period immediately prior
to the filing of the petition.

A child has been placed in foster care by the Department for 15 of the most recent 22 months preceding the filing of the petition. A child shall be considered to have entered foster care on the earlier of the adjudication date, or the date that is 60 days after the date on which the child is removed from the home.