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Oklahoma Department of
Human Services
Stronger Families Grow
Brighter Futures
Oklahoma Department of Human Services
Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd. • Oklahoma City, OK 73105
(405) 521-3646 • Fax (405) 521-6684 • Internet: www.okdhs.org
 
 
 
340:75-1-9. Oklahoma Department of Human Services authority to administer a child welfare program
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Revised 7-1-11


     The authority of the Oklahoma Department of Human Services (OKDHS) to administer a Child Welfare (CW) program is based on the Oklahoma Social Security Act [Section 176 of Title 56, Oklahoma Statutes] that authorizes OKDHS to provide . . . for the protection and care of homeless, dependent and neglected children, and children in danger of becoming delinquent.  The authority and scope for the care and custody of children, includes:

(1) the Oklahoma Children's Code, Article 1 of Title 10A of the Oklahoma Statutes;

(2) federal laws and regulations under Titles IV-B, IV-E, V, VI, XIX, and XX of the Social Security Act, as amended, including, but not limited to the:

(A) Multiethnic Placement Act of 1994;

(B) Interethnic Adoption Provisions of 1996;

(C) Adoption and Safe Families Act of 1997; and

(D) Fostering Connections to Success and Increasing Adoptions Act of 2008; and

(3) decisions made by the Oklahoma Commission for Human Services. •1

INSTRUCTIONS TO STAFF 340:75-1-9

 

Revised 7-1-11

 

1.  (a) Multiethnic Placement Act of 1994 and the Interethnic Adoption Provisions of 1996.  The Multiethnic Placement Act of 1994 (MEPA), as amended by the Interethnic Adoption Provisions of 1996 (IEP), eliminates discrimination on the basis of race, color, or national origin, in the placement of children in foster and adoptive resources, decrease the length of time children wait to be adopted, and facilitate the identification, recruitment, and retention of foster and adoptive parents who meet the distinctive needs of children awaiting placement.  The MEPA/IEP prohibits states or agencies receiving federal funds from delaying or denying the placement of any child on the basis of the race, color, or national origin of a child or the prospective foster or adoptive parent.

(1) Placement considerations.  Any consideration of race or ethnicity is narrowly tailored to advancing the child's best interests and is made as an individualized determination for each child.  Oklahoma Department of Human Services (OKDHS) may not delay or deny the placement of a child for adoption or foster care on the basis of the race, color, or national origin of the child or the adoptive or foster parent.  A child who meets the definition of an "Indian child" per the Indian Child Welfare Act is placed according to the placement preferences.  [OAC 340:75-7-10 and 340:75-19-14]

(2) Recruitment.  MEPA/IEP requires that OKDHS engage in active recruitment of potential foster and adoptive parents who reflect the racial and ethnic diversity of children in care needing placement.  A comprehensive recruitment plan is developed and updated annually.  [OAC 340:75-15-82 and 340:75-7-10]

(b) Adoption and Safe Families Act of 1997.  The Adoption and Safe Families Act of 1997 (ASFA) amended Title IV-B and Title IV-E of the Social Security Act.  ASFA focuses on promoting child safety, timely decision making as to permanency, and clarifying "reasonable efforts."  Key provisions of the law include:

(1) a provision that reasonable efforts to reunify a child with his or her parent or legal guardian are not required when a court determines that any of the conditions exist outlined in Section 1-4-809 of Title 10A of the Oklahoma Statutes;

(2) directing the initiation of termination proceedings prior to the end of the 15th month when a child has been in out-of-home care 15 of the most recent 22 months; and

(3) a requirement that a permanency hearing is held no later than every 12 months after a child is placed in out-of-home care or 30 days after a court determines that reasonable efforts to return a child to either parent are not required and every 12 months thereafter.

(c) Fostering Connections to Success and Increasing Adoptions Act of 2008.  The Fostering Connections to Success and Increasing Adoptions Act of 2008 amended Title IV-B and Title IV-E of the Social Security Act to connect and support relative caregivers, improve outcomes for children in foster care, provide for tribal foster care and adoption access, improve incentives for adoption, and for other purposes.



Last Updated:  6/30/2011
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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