§ 7-114. Voluntary relinquishment.
A. Any parent, legal custodian, traditional custodian or other guardian of a child may relinquish, subject to the terms of Sections 7-112(B), (C) and (D) of this Title, any rights they may have to the care, custody and control of a child. A relinquishment shall be made by filing a petition in the Trial Court with notice to the Indian Child Welfare Department, Tribal Prosecutor, traditional custodian and the parent(s) not a petitioner. The traditional custodians may intervene in the action. The petition may relinquish generally in which case the Court shall assume jurisdiction over the child, or specifically to a particular person for adoption. A relinquishment shall be valid only upon approval and decree of the Court. Relinquishment may be made only to the Indian Child Welfare Department or any other person, with the written consent of the Department or Court.
B. Any parent desiring to relinquish his or her parental rights shall first obtain counseling from an Osage Nation or county Department of Social Services.
C. If after counseling the parent still desires to relinquish his or her parental rights, he or she may petition the Court on forms supplied by the Court. Affidavits verifying the parent(s) have received counseling, fully understood the implications of the relinquishments and confirming that no undue pressure has been placed on the parent(s) shall be attached to the petition.
D. Upon receipt of a petition, the Court shall set the matter for hearing.
E. The Court shall not issue an order of relinquishment unless it is satisfied that:
1. The relinquishing parent(s) and the child, if twelve (12) years of age or older, have been counseled pursuant to subsection (B) of this section;
2. The consequences of the relinquishment are fully understood by all parties;
3. Notice has been properly given to all interested parties;
4. The parent requesting relinquishment is not motivated primarily by a desire to avoid obligations of financial support to the child;
5. It is in the best interest of the child for an order of relinquishment to be entered.
F. If the Court is satisfied that all the procedural requirements of this section have been met and that the relinquishment would best serve the interests of all parties concerned, including the child, it shall enter an order of relinquishment.
G. If the Court is not satisfied that said requirements have been met or that the relinquishment is not in the child’s best interests, it may continue the matter and request a report from the Indian Child Welfare Department addressing the best interests of the child.
H. If the Court believes that a relinquishment is not in the best interests of the parties, including the child, it shall enter an order dismissing the action.
I. If the Court finds that it would be in the best interests of the child to appoint a Guardian Ad Litem, such appointment shall be made.
J. The Court may interview the child in chambers to ascertain the child’s wishes as to the relinquishment proceedings with the Guardian Ad Litem present.