(a) Foster care mediation program.  The foster care mediation program is a voluntary program for foster parents and child-placing agencies to mediate complaints, per Section 601.6(B)(3) of Title 10 of the Oklahoma Statutes.  The mediation program is confidential, fair, speedy, and free.  Participants retain any rights they may have to request a hearing or file a court action or complaint.  Mediation is:

• (1) an effective way to help disagreeing parties discuss their problem and come to a mutually acceptable resolution; and
• (2) not a substitute for legal help.  No legal assistance is given by the mediator.

(b) Requests.  A request for mediation must meet criteria.  The case must:

• (1) involve children in the custody of the Oklahoma Department of Human Services (OKDHS) or the Office of Juvenile Affairs (OJA);
• (2) concern the rights of foster parents;
• (3) concern the action, inaction, or decision of the child-placing agency; or
• (4) adversely affect the health, safety, or welfare of children.

(c) Mediators.  The mediator:

• (1) is a community volunteer who has received special training;
• (2) is certified pursuant to the Dispute Resolution Act;
• (3) is experienced in mediation;
• (4) is trained in issues involving the Foster Parent Bill of Rights, the juvenile justice system, and the Child Welfare system; and
• (5) does not judge or decide the issue, but helps the parties find their own resolution.

(d) Foster care mediation process.  The Oklahoma Commission on Children and Youth (OCCY) toll-free number for the foster care mediation program is 1-800-822-0899 or in Oklahoma City 405-606-4925.  OCCY receives requests for mediation and contacts all parties to seek their voluntary involvement in the process.  If all parties agree, the case is referred to the Alternative Dispute Resolution System of the Administrative Office of the Courts.  Early Settlement Centers uses a network of volunteers to mediate the cases within five business days.  The procedure in this subsection is followed.

• (1) OCCY intake receives the request for mediation.
• (2) OCCY intake logs in the  information.
• (3) The post adjudication review board (PARB) coordinator screens for criteria.
• (4) If the case meets criteria, the PARB coordinator contacts the foster parent and child-placing agency to seek the agreement of all parties to mediate pursuant to the Dispute Resolution Act, or if the case does not meet criteria, the PARB coordinator recommends an alternative course of action.

(e) OKDHS county director's choice not to mediate.  The OKDHS county director is the point of contact for mediation and makes the decision to mediate.  • 1

• (1) The availability of the Child Protective Services appeal process, per OAC 340:75‑1-12.2, allows the OKDHS county director to choose not to mediate in issues involving the findings of an investigation.
• (2) The due process involved in a court decision allows the OKDHS county director to choose not to mediate court decisions.  Mediation may be considered prior to court hearings to obtain recommendations agreed upon by all parties.