Oklahoma Statutes
Title 10A. Children and Juvenile Code
§10A-1-4-904. Termination of parental rights in certain situations.

A. A court shall not terminate the rights of a parent to a child unless:

1. The child has been adjudicated to be deprived either prior to or concurrently with a proceeding to terminate parental rights; and
2. Termination of parental rights is in the best interests of the child.
B. The court may terminate the rights of a parent to a child based upon the following legal grounds:
1. Upon the duly acknowledged written consent of a parent, who voluntarily agrees to termination of parental rights.
2. A finding that a parent who is entitled to custody of the child has abandoned the child;
3. A finding that the child is an abandoned infant;
4. A finding that the parent of a child:
5. A finding that:
6. A finding that:
7. A finding that a parent who does not have custody of the child has, for at least six (6) out of the twelve (12) months immediately preceding the filing of the petition or motion for termination of parental rights, willfully failed or refused or has neglected to contribute to the support of the child:
Incidental or token support shall not be construed or considered in establishing whether a parent has maintained or contributed to the support of the child;
8. A finding that the parent has been convicted in a court of competent jurisdiction in any state of any of the following acts:
9. A finding that the parent has abused or neglected any child or failed to protect any child from abuse or neglect that is heinous or shocking;
10. A finding that the parent has previously abused or neglected the child or a sibling of the child or failed to protect the child or a sibling of the child from abuse or neglect and the child or a sibling of the child has been subjected to subsequent abuse;
11. A finding that the child was conceived as a result of rape perpetrated by the parent whose rights are sought to be terminated;
12. A finding that the parent whose rights are sought to be terminated is incarcerated, and the continuation of parental rights would result in harm to the child based on consideration of the following factors, among others:
Provided, that the incarceration of a parent shall not in and of itself be sufficient to deprive a parent of parental rights;
13. A finding that all of the following exist:
A parent's refusal or pattern of noncompliance with treatment, therapy, medication, or assistance from outside the home can be used as evidence that the parent is incapable of adequately and appropriately exercising parental rights, duties, and responsibilities.
A finding that a parent has a diagnosed cognitive disorder, an extreme physical incapacity, or a medical condition, including behavioral health or substance dependency, shall not in and of itself deprive the parent of parental rights;
14. A finding that:
15. A finding that there exists a substantial erosion of the relationship between the parent and child caused at least in part by the parent's serious or aggravated neglect of the child, physical or sexual abuse or exploitation of the child, a prolonged and unreasonable absence of the parent from the child or an unreasonable failure by the parent to visit or communicate in a meaningful way with the child;
16. A finding that a child four (4) years of age or older at the time of placement has been placed in foster care by the Department of Human Services for fifteen (15) of the most recent twenty-two (22) months preceding the filing of the petition or motion for termination of parental rights and the child cannot, at the time of the filing of the petition or motion, be safely returned to the home of the parent. For purposes of this paragraph, a child shall be considered to have entered foster care on the earlier of:
17. A finding that a child younger than four (4) years of age at the time of placement has been placed in foster care by the Department of Human Services for at least six (6) of the twelve (12) months preceding the filing of the petition or motion for termination of parental rights and the child cannot be safely returned to the home of the parent.
C. An order directing the termination of parental rights is a final appealable order.
D. The provisions of this section shall not apply to adoption proceedings and actions to terminate parental rights which do not involve a petition for deprived status of the child. Such proceedings and actions shall be governed by the Oklahoma Adoption Code.
Added by Laws 1968, c. 282, § 130, eff. Jan. 13, 1969. Amended by Laws 1975, c. 250, § 1, emerg. eff. June 2, 1975; Laws 1977, c. 259, § 17, eff. Oct. 1, 1977; Laws 1983, c. 291, § 1; Laws 1986, c. 243, § 1, emerg. eff. June 12, 1986; Laws 1987, c. 95, § 1, emerg. eff. May 18, 1987; Laws 1993, c. 253, § 4, emerg. eff. May 26, 1993; Laws 1993, c. 360, § 2, eff. Sept. 1, 1993; Laws 1994, c. 309, § 1, emerg. eff. June 7, 1994; Laws 1995, c. 352, § 65, eff. July 1, 1995. Renumbered from § 1130 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 1997, c. 389, § 8, eff. Nov. 1, 1997; Laws 1998, c. 5, § 6, emerg. eff. March 4, 1998; Laws 1998, c. 414, § 20, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 28, eff. July 1, 2000; Laws 2001, c. 434, § 5, emerg. eff. June 8, 2001; Laws 2009, c. 233, § 76, emerg. eff. May 21, 2009. Renumbered from § 7006-1.1 of Title 10 by Laws 2009, c. 233, § 263, emerg. eff. May 21, 2009. Amended by Laws 2013, c. 404, § 1, eff. Nov. 1, 2013; Laws 2014, c. 334, § 1, eff. Nov. 1, 2014; Laws 2015, c. 191, § 1, eff. Nov. 1, 2015; Laws 2021, c. 473, § 1, eff. Nov. 1, 2021.
NOTE: Laws 1993, c. 208, § 3 repealed by Laws 1993, c. 360, § 16, emerg. eff. June 10, 1993. Laws 1997, c. 366, § 56 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998.

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