{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-4-711","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-4-711","heading":"Motion for modification or termination of a permanent","body":"guardianship.\n\nA. 1. A motion for modification or termination of a permanent\n\nguardianship may be filed by the permanent guardian, the child, or\n\nthe district attorney. A modification or termination may also be\n\nordered by the court on its own initiative. An order for\n\nmodification or termination of the permanent guardianship may be\n\nentered after notice and opportunity for hearing and shall be based\n\non a finding that there has been a substantial change of material\n\ncircumstances including, but not limited to, the following:\n\na. the parent of the child is presently able and willing\n\nto properly care for the child,\n\nb. the permanent guardian of the child is unable to\n\nproperly care for the child,\n\nc. the child has been abused or neglected while in the\n\ncare of the permanent guardian, or\n\nd. the permanent guardian of the child is deceased.\n\n2. The court shall appoint a guardian ad litem for the child in\n\nany proceeding for modification or termination of a permanent\n\nguardianship.\n\nB. 1. The court may modify or terminate the order granting\n\npermanent guardianship upon a finding by clear and convincing\n\nevidence that there has been a substantial change in material\n\ncircumstances and that a modification or termination of the\n\npermanent guardianship is in the child’s best interest.\n\n2. When the modification or termination of the permanent\n\nguardianship results in the removal of the child from the home of\n\nthe guardian, the court shall determine if the continuation of the\n\nchild in the home of the guardian is contrary to the welfare of the\n\nchild, and, if so, whether:\n\na. reasonable efforts have been made to prevent the\n\nremoval of the child from the child’s home, or\n\nb. an absence of efforts to prevent the removal of the\n\nchild from the child’s home is reasonable because the\n\nremoval is due to an emergency and is for the purpose\n\nof providing for the welfare of the child.\n\n3. Where the termination of a permanent guardianship is granted\n\nfor reason of the guardian’s abuse, neglect, death, or inability to\n\ncare for the child, the court shall order the child returned to the\n\nlegal custody of the Department of Human Services pending further\n\nhearing. The Department shall develop a new permanency plan on\n\nbehalf of the child, which shall be presented to the court within\n\nthirty (30) days of the date the permanent guardianship is\n\nterminated.\n\n4. Unless the parental rights of the child’s parent or parents\n\nhave been terminated, they shall be notified that the legal\n\nguardianship has been modified or terminated and shall be entitled\n\nto participate in the new permanency planning hearing where the\n\ncourt shall order a new permanency plan appropriate to meet the\n\nneeds of the child.\n\n5. The court may order that reunification services again be\n\nprovided to the parent or parents if it is in the best interests of\n\nthe child and may consider the parent or parents for custody of the\n\nchild, with Department supervision, if the parent can prove by a\n\npreponderance of the evidence that conditions which previously\n\nexisted at the time of the granting of the permanent guardianship\n\norder have been substantially corrected and that reunification is\n\nthe best alternative for the child.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"151bc6144ec8e3bce656d98275ca402793e896e6fd579df5f21400e103d9efad","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-4-710","next":"us-ok/okla.-stat.-tit.-10a-10a-1-4-712"},"notice":"GroundRules: Original legal text. Not legal advice."}