(a) Purpose of voluntary foster care.  An Indian child may be placed in voluntary foster care with either Oklahoma Department of Human Services (OKDHS) or the tribe at the request of the parent(s) or legal guardian.  Voluntary foster care:

• (1) is available as a preventive and protective service to enhance family functioning without court intervention, per OAC 340:75-4-12.1; and
• (2) may be approved for an initial period of 30 days and extended up to a maximum of 90 days when reunification appears likely without court intervention during that time frame.  Court intervention is required when foster care is needed beyond 90 days.  • 1

(b) Tribe's responsibilities for voluntary foster care.

• (1) When the tribal Child Welfare (CW) worker places the child in voluntary foster care, the tribe is responsible for obtaining a written voluntary foster care agreement.
  • (A) The agreement does not require court action, and the child is returned to the parent(s) or guardian upon request.  If the parent(s) or guardian fails to meet the terms of the agreement or cannot be located, court involvement is required.
  • (B) The tribe submits to the CW tribal liaison Form 04TB004E, Indian Child Welfare Program Referral, and a memo requesting approval for voluntary foster care.
• (2) The child's tribe notifies the CW tribal liaison when:
  • (A) the child leaves the placement; or
  • (B) court action is initiated.

(c) Evidence gathered in voluntary foster care.  The tribal (CW) worker or OKDHS CW worker advises the parent(s) or legal guardian at the time of the child's placement that any evidence gathered during the time the child is placed in voluntary foster care may be used as a basis for court action.