SECTION 340:75-6-40.8. Reinstatement of parental rights

(a)   Per Section 1-4-909 of Title 10A of the Oklahoma Statutes, a child 15 years of age or older may, by an application signed by the child and the child's attorney, request the court reinstate the child's parent's previously terminated parental rights when the:

(1)   child was previously found to be a deprived child;

(2)   parent's rights were terminated in a deprived proceeding under Title 10 or 10A of the Oklahoma Statutes; and

(3)   child has not achieved his or her permanency plan within three years of a final order of termination.

(b)   When after a preliminary hearing to consider the parent's apparent fitness and interest in reinstatement of parental rights, the court finds by a preponderance of the evidence that the best interests of the child may be served by reinstatement of parental rights, the court orders a hearing on the merits of the application. The court provides notice of the hearing to the child, the child's attorney, and Oklahoma Department of Human Services (OKDHS) and orders OKDHS or the child's attorney to give notice to the:

(1)   former parent of the child whose parental rights are the subject of the application;

(2)   current foster parent or relative guardian of the child;

(3)   guardian ad litem of the child, if any; and

(4)   child's tribe, when applicable.

(c)   In determining whether the child has or has not achieved his or her permanency plan, OKDHS provides the court information for the court's review related to any efforts to achieve the permanency plan including efforts to achieve adoption or a permanent guardianship.

(d)   When the court conditionally grants the application for reinstatement of parental rights, the case remains open for six months and a temporary order of reinstatement of parental rights is entered. During this period, the child is placed in the custody of the parent. OKDHS develops a permanency plan for the child reflecting the plan for reunification and provides transition services to the family as appropriate.

(e)   After the child has been placed with the parent for six months, a hearing is held. If the placement with the parent has been successful, the court issues a final order of reinstatement of parental rights, which restores all rights, powers, privileges, immunities, duties, and obligations of the parent to the child, including those relating to custody, control, and support of the child. The deprived action is closed and the court clerk's office provides a certified copy of the final order of reinstatement of parental rights to the parent at no cost.

[Source: Added at 30 Ok Reg 839, eff 7-1-13]