Okla. Stat. tit. 10A, § 10A-1-4-909

A. A child may, by application, request the court to reinstate

the previously terminated parental rights of his or her parent under

the following circumstances:

1. The child was previously found to be a deprived child;

2. The parent's rights were terminated in a proceeding under

this title;

3. At least three (3) years have passed since the final order

of termination of parental rights and:

a. the child has not achieved his or her permanency plan,

b. a permanency plan of adoption has failed, or

c. a permanency plan of guardianship has failed; and

4. The child is at least fourteen (14) years old at the time

the application is filed.

B. A child shall be represented during the proceeding and shall

be provided independent counsel.

C. The application shall be signed by the child as well as the

child's attorney.

D. If, 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 shall order that a hearing on the merits of the

motion be held.

E. The court shall cause prior notice to be given to the

Department of Human Services, the child's attorney, and the child.

The court shall also order the Department or the child's attorney to

give prior notice of any hearing to:

1. The former parent of the child whose parental rights are the

subject of the application;

2. The current foster parent or relative guardian of the child;

3. The guardian ad litem of the child, if any; and

4. The child's tribe, if applicable.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 169

F. The application of the child shall be dismissed if the

parent cannot be located.

G. The court shall conditionally grant the application if it

finds by clear and convincing evidence that the child has not and is

not likely to imminently achieve his or her permanency plan and that

reinstatement of parental rights is in the child's best interest.

In determining whether reinstatement is in the child's best

interest, the court shall consider, but is not limited to, the

following:

1. Whether the parent whose rights are to be reinstated is a

fit parent and has remedied the conditions as provided in the record

of the prior termination proceedings and prior termination order;

2. The age and maturity of the child, and the ability of the

child to express his or her preference;

3. Whether the reinstatement of parental rights will present a

risk to the health, safety, or welfare of the child; and

4. Other material changes in circumstances, if any, that may

have occurred which warrant the granting of the application.

H. In determining whether the child has or has not achieved his

or her permanency plan, the Department shall provide the court, and

the court shall review, information related to any efforts to

achieve the permanency plan including efforts to achieve adoption or

a permanent guardianship.

I. 1. If the court conditionally grants the application under

subsection G of this section, the case shall be continued for six
her the child has or has not achieved his

or her permanency plan, the Department shall provide the court, and

the court shall review, information related to any efforts to

achieve the permanency plan including efforts to achieve adoption or

a permanent guardianship.

I. 1. If the court conditionally grants the application under

subsection G of this section, the case shall be continued for six

(6) months and a temporary order of reinstatement of parental rights

entered. During this period, the child shall be placed in the

custody of the parent. The Department shall develop a permanency

plan for the child reflecting the plan to be reunification and shall

provide or ensure that transition services are provided to the

family as appropriate.

2. If the child must be removed from the parent due to abuse or

neglect allegations prior to the expiration of the conditional six-

month period, the court shall dismiss the application for

reinstatement of parental rights if the court finds the allegations

have been proven by a preponderance of the evidence.

J. The court shall hold a hearing after the child has been

placed with the parent for six (6) months. If the placement with

the parent has been successful, the court shall enter a final order

of reinstatement of parental rights, which shall restore 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 court shall close the deprived action

and direct the court clerk's office to provide a certified copy of

the final order of reinstatement of parental rights to the parent at

no cost.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 170

K. A proceeding to reinstate parental rights is a separate

action from the termination of parental rights proceeding and does

not vacate the original termination of parental rights. An order

granted under this section reinstates the parental rights to the

child and acknowledges that the conditions of the parent and child

have changed since the time of the termination of parental rights

and that reunification is now appropriate.

L. This section is retroactive and shall apply to:

1. Any child who is under the jurisdiction of the district

court as a deprived child at the time of the hearing to reinstate

parental rights regardless of the date when parental rights were

terminated;

2. The sibling group of a child when, at the discretion of the

court, parental rights to one child of the sibling group have been

reinstated; and

3. The child of a failed permanency plan of adoption or

guardianship when parental rights of the parents of the child were

terminated for three (3) or more years at the time of the

application of the child to reinstate parental rights.

M. The district attorney, the Department, and its employees are

not liable for civil damages resulting from any act or omission in

providing services under this section unless the act or omission

constitutes gross negligence. This section does not create any duty

and shall not be construed to create a duty where none exists. This

section does not create a cause of action against the district

attorney, the Department, or its employees concerning the original

order of termination of parental rights.