{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-4-909","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-4-909","heading":"Application by child to reinstate parental rights","body":"A. A child may, by application, request the court to reinstate\n\nthe previously terminated parental rights of his or her parent under\n\nthe following circumstances:\n\n1. The child was previously found to be a deprived child;\n\n2. The parent's rights were terminated in a proceeding under\n\nthis title;\n\n3. At least three (3) years have passed since the final order\n\nof termination of parental rights and:\n\na. the child has not achieved his or her permanency plan,\n\nb. a permanency plan of adoption has failed, or\n\nc. a permanency plan of guardianship has failed; and\n\n4. The child is at least fourteen (14) years old at the time\n\nthe application is filed.\n\nB. A child shall be represented during the proceeding and shall\n\nbe provided independent counsel.\n\nC. The application shall be signed by the child as well as the\n\nchild's attorney.\n\nD. If, after a preliminary hearing to consider the parent's\n\napparent fitness and interest in reinstatement of parental rights,\n\nthe court finds by a preponderance of the evidence that the best\n\ninterests of the child may be served by reinstatement of parental\n\nrights, the court shall order that a hearing on the merits of the\n\nmotion be held.\n\nE. The court shall cause prior notice to be given to the\n\nDepartment of Human Services, the child's attorney, and the child.\n\nThe court shall also order the Department or the child's attorney to\n\ngive prior notice of any hearing to:\n\n1. The former parent of the child whose parental rights are the\n\nsubject of the application;\n\n2. The current foster parent or relative guardian of the child;\n\n3. The guardian ad litem of the child, if any; and\n\n4. The child's tribe, if applicable.\n\nF. The application of the child shall be dismissed if the\n\nparent cannot be located.\n\nG. The court shall conditionally grant the application if it\n\nfinds by clear and convincing evidence that the child has not and is\n\nnot likely to imminently achieve his or her permanency plan and that\n\nreinstatement of parental rights is in the child's best interest.\n\nIn determining whether reinstatement is in the child's best\n\ninterest, the court shall consider, but is not limited to, the\n\nfollowing:\n\n1. Whether the parent whose rights are to be reinstated is a\n\nfit parent and has remedied the conditions as provided in the record\n\nof the prior termination proceedings and prior termination order;\n\n2. The age and maturity of the child, and the ability of the\n\nchild to express his or her preference;\n\n3. Whether the reinstatement of parental rights will present a\n\nrisk to the health, safety, or welfare of the child; and\n\n4. Other material changes in circumstances, if any, that may\n\nhave occurred which warrant the granting of the application.\n\nH. In determining whether the child has or has not achieved his\n\nor her permanency plan, the Department shall provide the court, and\n\nthe court shall review, information related to any efforts to\n\nachieve the permanency plan including efforts to achieve adoption or\n\na permanent guardianship.\n\nI. 1. If the court conditionally grants the application under\n\nsubsection G of this section, the case shall be continued for six\nher the child has or has not achieved his\n\nor her permanency plan, the Department shall provide the court, and\n\nthe court shall review, information related to any efforts to\n\nachieve the permanency plan including efforts to achieve adoption or\n\na permanent guardianship.\n\nI. 1. If the court conditionally grants the application under\n\nsubsection G of this section, the case shall be continued for six\n\n(6) months and a temporary order of reinstatement of parental rights\n\nentered. During this period, the child shall be placed in the\n\ncustody of the parent. The Department shall develop a permanency\n\nplan for the child reflecting the plan to be reunification and shall\n\nprovide or ensure that transition services are provided to the\n\nfamily as appropriate.\n\n2. If the child must be removed from the parent due to abuse or\n\nneglect allegations prior to the expiration of the conditional six-\n\nmonth period, the court shall dismiss the application for\n\nreinstatement of parental rights if the court finds the allegations\n\nhave been proven by a preponderance of the evidence.\n\nJ. The court shall hold a hearing after the child has been\n\nplaced with the parent for six (6) months. If the placement with\n\nthe parent has been successful, the court shall enter a final order\n\nof reinstatement of parental rights, which shall restore all rights,\n\npowers, privileges, immunities, duties, and obligations of the\n\nparent to the child, including those relating to custody, control,\n\nand support of the child. The court shall close the deprived action\n\nand direct the court clerk's office to provide a certified copy of\n\nthe final order of reinstatement of parental rights to the parent at\n\nno cost.\n\nK. A proceeding to reinstate parental rights is a separate\n\naction from the termination of parental rights proceeding and does\n\nnot vacate the original termination of parental rights. An order\n\ngranted under this section reinstates the parental rights to the\n\nchild and acknowledges that the conditions of the parent and child\n\nhave changed since the time of the termination of parental rights\n\nand that reunification is now appropriate.\n\nL. This section is retroactive and shall apply to:\n\n1. Any child who is under the jurisdiction of the district\n\ncourt as a deprived child at the time of the hearing to reinstate\n\nparental rights regardless of the date when parental rights were\n\nterminated;\n\n2. The sibling group of a child when, at the discretion of the\n\ncourt, parental rights to one child of the sibling group have been\n\nreinstated; and\n\n3. The child of a failed permanency plan of adoption or\n\nguardianship when parental rights of the parents of the child were\n\nterminated for three (3) or more years at the time of the\n\napplication of the child to reinstate parental rights.\n\nM. The district attorney, the Department, and its employees are\n\nnot liable for civil damages resulting from any act or omission in\n\nproviding services under this section unless the act or omission\n\nconstitutes gross negligence. This section does not create any duty\n\nand shall not be construed to create a duty where none exists. This\n\nsection does not create a cause of action against the district\n\nattorney, the Department, or its employees concerning the original\n\norder of termination of parental rights.","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":"cae0849defeec4229fd590a331a61199bcc44659db1f528c145dccf876042f7b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-4-908","next":"us-ok/okla.-stat.-tit.-10a-10a-1-5-101"},"notice":"GroundRules: Original legal text. Not legal advice."}