OKDHS - OAC 340:75-1-23.1. Reinstatement of parental rights

340:75-1-23.1. Reinstatement of parental rights

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Issued 3-26-10

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

(1) the child was previously found to be a deprived child;
(2) the parent's rights were terminated in a deprived proceeding; and
(3) the child has not achieved his or her permanency plan within three years of a final order of termination.

(b) 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 orders a hearing on the merits of the motion be held. • 1 The court provides notice of the hearing to the child, the child's attorney, and 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, if applicable.

(c) In determining whether the child has or has not achieved his or her permanency plan, the Child Welfare (CW) worker 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 on Form 04KI014E, Individualized Service Plan (ISP) Progress Report.

(d) If 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. The CW worker develops a permanency plan for the child reflecting the plan for reunification and provides transition services to the family as appropriate. • 2

INSTRUCTIONS TO STAFF 340:75-1-23.1

Issued 3-26-10

1. Reinstatement of parental rights. Prior to the Child Welfare (CW) worker contacting the child's attorney, the Child Welfare (CW) supervisor consults with the Child Welfare Field Liaison and Children and Family Services Division (CFSD) Permanency Planning Section to obtain approval to proceed when the:

(1) child meets all the requirements as stated in the statute;

(2) child states that he or she wants his or her parental rights reinstated;

(3) CW worker has conducted a home visit with the parent and the parent has expressed a desire to have their parental rights reinstated;

(4) CW worker has completed:

(A) a Child Abuse and Neglect search to determine any recent child abuse and neglect history;

(B) a name-based background check to determine any recent criminal activity;

(C) contact with three personal references of the parent to determine parent's current functioning; and

(D) Form 04KI028E, Family Functional Assessment, to assess current functioning of the parent.

2. Documenting in KIDS. No later than five business days after a parent's parental rights are reinstated, the CW worker contacts the CFSD, Permanency Planning Section for directions in updating KIDS to reflect this change.

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