Oklahoma § 30-7 - Renumbered as § 1-112 of this title by Laws 1988, c. 329, §

§ 30-7. Renumbered as § 1-112 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.

§30-7-101.

Short title — Oklahoma Standby Guardianship Act.

Oklahoma Statutes - Title 30. Guardian and Ward

This act shall be known and may be cited as the “Oklahoma

Standby Guardianship Act”.

Added by Laws 2024, c. 41, § 1, eff. Nov. 1, 2024.

§30-7-102. Definitions.

As used in this act:

1. “Designation” means a writing which is voluntarily executed

in conformance with the requirements of Section 3 of this act and

signed by a parent and names a person to act as standby guardian;

2. “Parent” means a genetic or adoptive parent or parent

determined in accordance with the standards set forth in Section

7700-201 of Title 10 of the Oklahoma Statutes, and includes a

person, other than a parent, who has physical custody of a child and

who has either been awarded custody by a court or claims a right to

custody;

3. “Qualified parent” means a parent who has become unavailable

due to a military deployment, court proceeding, incapacity, or other

matter, as evidenced in writing, by a court of appropriate

jurisdiction or by a state or the federal government;

4. “Standby guardian” means a person who, in accordance with

this act, is designated in writing or approved by the court to

temporarily assume the duties of guardian of the person or guardian

of the property, or both, of a minor child on behalf of or in

conjunction with a qualified parent upon the occurrence of a

triggering event; and

5. “Triggering event” means the event upon the occurrence of

which the standby guardian may be authorized to act.

Added by Laws 2024, c. 41, § 2, eff. Nov. 1, 2024.

§30-7-103. Written designation of standby guardian — Authority.

A. A parent may execute a written designation of a standby

guardian at any time. The written designation shall state:

1. The name, address and birthdate of the child affected; and

2. The name and address of the person designated as standby

guardian or alternate.

The written designation shall be signed by the parent. The

designated standby guardian or alternate may not sign on behalf of

the parent. The signed designation shall be delivered to the

standby guardian and any alternate named as soon as practicable.

B. Following such delivery of the designation, the authority of

a standby guardian to act for a qualified parent shall commence upon

the occurrence of the triggering event, receipt of documentation, if

any, supporting the occurrence of the triggering event and the

qualified parent’s written consent to such commencement signed by

the parent.

Oklahoma Statutes - Title 30. Guardian and Ward

C. A standby guardian under a designation shall have the

authority of a guardian of the person and a guardian of the property

of the child, unless otherwise specified in the designation.

Added by Laws 2024, c. 41, § 3, eff. Nov. 1, 2024.

§30-7-104. Petition for approval as standby guardian — Notice —

Order.

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.

Added by Laws 2024, c. 41, § 4, eff. Nov. 1, 2024.

Oklahoma Statutes - Title 30. Guardian and Ward

§30-7-105. Approval of standby guardian without designation —

Approval of alternate standby guardian.

A. If no designation for a standby guardian has been completed

by a qualified parent, upon petition of any person, the district

court of the jurisdiction in which a child resides may approve a

person as standby guardian for a child of a qualified parent upon

the occurrence of a triggering event. If requested in the petition,

the court may also approve an alternate standby guardian identified

by the petitioner, to act in the event that at any time after

approval pursuant to this section the standby guardian is unable or

unwilling to assume the responsibilities of the standby

guardianship.

B. The petition shall state:

1. The name and address of the petitioner and his relationship

to the child and the name and address of the child’s qualified

parent, and the name and address of any other parent of the child

whose identity and whereabouts are known to the petitioner or can

reasonably be ascertained;

2. The name, address and birthdate of the child;

3. The triggering event;

4. The name and address of the person proposed as standby

guardian and any alternate and whether the petition requests that

such person be given authority as a guardian of the person or

guardian of the property of the minor, or both;

5. A statement of any known reasons as to why the child’s other

parent is not assuming or should not assume responsibility for the

child; and

6. Whether there is any prior judicial history regarding

custody of the child or any pending litigation regarding custody of

the child.

Added by Laws 2024, c. 41, § 5, eff. Nov. 1, 2024.

§30-7-106. Revocation of standby guardian authority — Statement of

refusal by standby guardian.

A. The authority of a standby guardian approved by the court

may be revoked by the qualified parent by filing a notice of

revocation with the court. The notice of revocation shall identify

the standby guardian or alternate standby guardian to which the

revocation will apply. A copy of the revocation shall also be

delivered to the standby guardian whose authority is revoked and any

alternate standby guardian who may then be authorized to act.

B. At any time following his or her approval by the court, a

standby guardian may decline to serve by filing a written statement

of refusal with the court and having the statement personally served

on the qualified parent and any alternate standby guardian who may

then be authorized to act.

Oklahoma Statutes - Title 30. Guardian and Ward

C. When a written designation has been executed, but is not yet

effective because the triggering event has not yet occurred, the

parent may revoke or the prospective standby guardian may refuse the

designation by notifying the other party in writing. A written

designation may also be revoked by the execution of a subsequent

inconsistent designation.

D. When a standby guardian’s authority becomes effective upon

the occurrence of a triggering event of the qualified parent, the

standby guardian’s authority to act on behalf of the qualified

parent continues even though the qualified parent is no longer

unavailable, unless the qualified parent notifies the standby

guardian and the court, in writing, that the standby guardian’s

authority is revoked due to the expiration of the triggering event.

E. If at any time the court finds that the parent no longer

meets the definition of “qualified parent,” the court shall rescind

its approval of the standby guardian.

Added by Laws 2024, c. 41, § 6, eff. Nov. 1, 2024.

§30-7-107. Petition for review of continuation of standby

guardianship.

A child’s parent, stepparent, adult sibling or any adult related

to the child by blood, marriage or adoption may petition the court

which approved the standby guardian at any time following such

approval and prior to any termination of the standby guardianship

for review of whether continuation of the standby guardianship is in

the best interests of the child. Notice of the filing of a petition

shall promptly be given to the standby guardian, the child, if the

child is twelve (12) years of age or older, and each parent of the

child whose identity and whereabouts are known or could reasonably

be ascertained.

Added by Laws 2024, c. 41, § 7, eff. Nov. 1, 2024.