A child may be determined by the Department of Human Services to be eligible for adoption assistance pursuant to the Oklahoma Adoption Assistance Act if, in accordance with rules promulgated by the Commission for Human Services, the Department has determined that:
1. The child cannot or should not be returned to the home of his or her parents;
2. There exists a specific factor or condition because of which it is reasonable to conclude that the child cannot be placed for adoption without providing adoption assistance; and
3. A reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance except when it would be against the best interests of the child because of such factors including, but not limited to, the existence of significant emotional ties with prospective adoptive parents while the child was in the care of such parents as a foster child.
Added by Laws 1982, c. 200, § 4, eff. Oct. 1, 1982. Amended by Laws 1996, c. 297, § 14, emerg. eff. June 10, 1996. Renumbered from § 60.28 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997. Amended by Laws 1999, c. 396, § 20, emerg. eff. June 10, 1999; Laws 2002, c. 445, § 13, eff. Nov. 1, 2002.