Reviewed on: May 05,2026

How Does Temporary Guardianship Work for an Inmates Newborn?

My daughter is currently doing delayed sentencing program at Mabel Bassett In Oklahoma Also pregnant due in six weeks. What is the protocol when temp guardianship is the option?

Asked: May 07, 2019
Author: Jamie
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This is a situation where time matters and the steps need to start now rather than after the birth.

When an incarcerated woman gives birth, the baby does not stay with her in the facility beyond a very brief period, typically 24 to 72 hours in most state systems while the mother recovers from delivery. Oklahoma does not have a prison nursery program that allows infants to remain with incarcerated mothers long term, which means a placement plan for the baby needs to be in place before delivery.

For temporary guardianship specifically, the process runs through the Oklahoma Department of Human Services and the family court system. If a family member, such as a grandparent, aunt, uncle, or other relative, wants to take temporary guardianship of the baby, they need to initiate that process now. Six weeks is a short window and court processes move on their own timeline.

The steps generally involve filing a petition for temporary guardianship with the district court in the county where the baby will reside, completing a background check, and in some cases a home study conducted by DHS. The court will review the petition and either approve or schedule a hearing. Having an attorney assist with the filing is advisable to make sure the paperwork is complete and the timeline is met.

Your daughter should also be working with her case manager at Mabel Bassett to ensure the facility's medical and social services staff are aware of the birth plan and the guardianship arrangement. The facility has a role in coordinating the transition.

Start the guardianship petition process immediately. Six weeks sounds like enough time until it is not.

https://www.inmateaid.com/ask-the-inmate/how-does-temporary-guardianship-work-for-an-inmates-newborn#answer
Accepted Answer Date Created: May 08,2019