Okla. Stat. tit. 10A, § 10A-1-4-711

guardianship.

A. 1. A motion for modification or termination of a permanent

guardianship may be filed by the permanent guardian, the child, or

the district attorney. A modification or termination may also be

ordered by the court on its own initiative. An order for

modification or termination of the permanent guardianship may be

entered after notice and opportunity for hearing and shall be based

on a finding that there has been a substantial change of material

circumstances including, but not limited to, the following:

a. the parent of the child is presently able and willing

to properly care for the child,

b. the permanent guardian of the child is unable to

properly care for the child,

c. the child has been abused or neglected while in the

care of the permanent guardian, or

d. the permanent guardian of the child is deceased.

2. The court shall appoint a guardian ad litem for the child in

any proceeding for modification or termination of a permanent

guardianship.

B. 1. The court may modify or terminate the order granting

permanent guardianship upon a finding by clear and convincing

evidence that there has been a substantial change in material

circumstances and that a modification or termination of the

permanent guardianship is in the child’s best interest.

2. When the modification or termination of the permanent

guardianship results in the removal of the child from the home of

the guardian, the court shall determine if the continuation of the

child in the home of the guardian is contrary to the welfare of the

child, and, if so, whether:

a. reasonable efforts have been made to prevent the

removal of the child from the child’s home, or

b. an absence of efforts to prevent the removal of the

child from the child’s home is reasonable because the

removal is due to an emergency and is for the purpose

of providing for the welfare of the child.

3. Where the termination of a permanent guardianship is granted

for reason of the guardian’s abuse, neglect, death, or inability to

care for the child, the court shall order the child returned to the

legal custody of the Department of Human Services pending further

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 130

hearing. The Department shall develop a new permanency plan on

behalf of the child, which shall be presented to the court within

thirty (30) days of the date the permanent guardianship is

terminated.

4. Unless the parental rights of the child’s parent or parents

have been terminated, they shall be notified that the legal

guardianship has been modified or terminated and shall be entitled

to participate in the new permanency planning hearing where the

court shall order a new permanency plan appropriate to meet the

needs of the child.

5. The court may order that reunification services again be

provided to the parent or parents if it is in the best interests of

the child and may consider the parent or parents for custody of the

child, with Department supervision, if the parent can prove by a

preponderance of the evidence that conditions which previously

existed at the time of the granting of the permanent guardianship

order have been substantially corrected and that reunification is

the best alternative for the child.