In the matter of K.S.

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The question presented to the Oklahoma Supreme Court by this case was whether the district court abused its discretion when it denied Appellant's (Biological Mother) second motion for reconsideration. In 2013, the district court terminated Biological Mother's parental rights to K.S. In 2015, Biological Mother filed a petition for guardianship over Child in Oklahoma County District Court. The district court denied the petition for guardianship without prejudice. The court noted Biological Mother's failure to serve or notify the proper parties and inability to do so in the future due to the confidentiality of adoption proceedings. The same day, Biological Mother filed a motion for reconsideration of the petition for guardianship and a motion asking the court to grant time to provide notice. The district court denied the motions for reconsideration and to grant time. The court noted that the motions were incoherent and stated that the court felt the petition contained circumstances such that the motions should be decided without a hearing under Rule 4(h) of the Rules for District Courts of Oklahoma. After review, the Supreme Court affirmed the district court's ruling, finding the district court was correct that notifying Parents of the guardianship proceeding was “an insurmountable hurdle” to Biological Mother and that it was allowed to deny the motion without a hearing. There was no abuse of discretion. View "In the matter of K.S." on Justia Law