OKDHS - OAC 340:75-1-18. Dispositional hearing and options, and placement guidelines

340:75-1-18. Dispositional hearing and options, and placement guidelines

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Revised 3-26-10

(a) Dispositional hearing purpose. The purpose of the dispositional hearing is to determine the individualized needs of the child and family and custody of the child during the deprived case. The court considers all evidence that is helpful in determining the disposition that is in the child's best interests.

(b) Dispositional hearing. After a child is adjudicated deprived, the court holds a dispositional hearing, per Section 1-4-706 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-706).

(1) If the child is removed from the parent(s)' custody, the court or the Oklahoma Department of Human Services (OKDHS), as applicable, immediately, and in an ongoing manner for as long as a permanency plan of reunification is not achieved, considers concurrent permanency planning to ensure permanency for the child at the earliest opportunity. Identification of appropriate in-state and out-of-state placement should be made so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child. • 2
(2) At the hearing, the OKDHS recommended individualized service plan is presented to the court. The judge makes the final decision regarding whether the proposed individualized service plan is accepted and whether a court order is issued regarding compliance with any or all recommendations.

(c) Court orders regarding custody or guardianship. Every effort is made to place a child with a member of the child's family in a safe and appropriate home, per 10 O.S. 1-4-706. When a child is removed from the custodial parent and the court, in the child's best interests, is unable to release the child to the noncustodial parent, preference is given to relatives and persons who have a kinship relationship with the child. OKDHS reports to the court the diligent efforts made to secure the placement per 10A O.S. 1-4-204 and OAC 340:75-6-85.2. In cases where the Indian Child Welfare Act applies, the placement preferences of the act are followed per OAC 340:75-19-14.

(d) Placement prohibitions. A prospective foster or adoptive parent is not approved as placement for a child if the prospective foster or adoptive parent or any other person residing in the home of the prospective foster or adoptive parent has been convicted of any of the criminal offenses specified in 10A O.S. §1-4-705 and OAC 340:75-7-15 or if the prospective foster or adoptive parent is subject to the Oklahoma Sex Offender Registration Act.

(e) Dispositional options. 10A O.S. § 1-4-707 permits the court to enter various dispositional orders including, but not limited to:

(1) placing the child under protective supervision by OKDHS in the child's own home with the child's parent or legal guardian with whom the child was residing at the time the events or conditions arose that brought the child within the jurisdiction of the court, subject to conditions as the court may prescribe that would reasonably prevent the child from continuing to be deprived. Supervision by OKDHS remains in effect for one year unless extended or reduced by the court in appropriate circumstances per 10A O.S. 1-4-707; or
(2) placing custody of the child with the non-custodial parent under protective supervision by OKDHS; and order:
- (A) reunification services be provided to the parent, or legal guardian, from whom the child has been or is being removed;
- (B) services be provided solely to the parent who is assuming physical custody of the child to allow the parent to later obtain legal custody without court supervision; or
- (C) services be provided to both parents, in which case, the court determines at a subsequent review hearing which parent, if either, will have custody of the child;
(3) placing the child in the custody of OKDHS. OKDHS makes an individualized determination in selecting a placement for a child based upon the child's best interest and permanency plan, utilizing:
- (A) a home or facility that meets the preferences specified by the state and federal Indian Child Welfare Acts, when applicable;
- (B) the home of a non-custodial parent;
- (C) the home of a relative approved by OKDHS;
- (D) the home of a non-relative kinship family approved by OKDHS;
- (E) an approved foster home where the child was previously placed;
- (F) a suitable non-kinship foster family approved by OKDHS;
- (G) a suitable licensed group home for children; or
- (H) an independent living program.
(4) ordering the parent, legal guardian, legal custodian, stepparent, or other adult living in the home, or other person or agency receiving custody of the child, to follow any individualized service plan prescribed by OKDHS;
(5) ordering a permanent guardianship to be established per Section 1-4-709 of Title 10A of the Oklahoma Statutes; and
(6) dismissing the petition and terminating its jurisdiction at any time for good cause when in the child's best interests. • 3

(f) Additional court determinations. The court makes a determination whether:

(1) reasonable efforts:
- (A) have been made to reunite the child with his or her family; however, the period for reunification services may not exceed 17 months from the date the child was initially removed from the child's home, unless the court finds compelling reasons to the contrary;
- (B) are inconsistent with the permanency plan for the child;
- (C) have been taken to finalize the permanent placement of the child including, if appropriate, through an interstate placement; or
- (D) to reunite the child with the family are not required, per 10A O.S. § 1-4-809 and OAC 340:75-1-18.4; and
(2) services provided to assist any youth, 16 years of age or older, in the transition from out-of-home care to independent living are appropriate; and
(3) to place siblings, who have been removed, together in the same foster care, guardianship, or adoptive placement and provide for frequent visitation or other ongoing interaction in the case of siblings, who have been removed, and are not placed together.

(g) Notification of hearing. Prior written notice of the hearing, Form 04MP030E, Hearing Notification, is provided by OKDHS to the current foster parent of the child, any preadoptive parent or relative providing care for the child. A right to be heard is provided by the court to the current foster parent of the child, any preadoptive parent or relative providing care for the child. A right to be heard is not construed as requiring any foster parent, preadoptive parent, or relative be made a party to such action. • 4

INSTRUCTIONS TO STAFF 340:75-1-18

Revised 3-26-10

1.   Dispositional hearings.

(1) If reasonable efforts are required for the return of the child to the child's home, the court allows the parent(s) of the child at least three months to correct conditions that led to the adjudication of the child. The time period for reunification services may not exceed 17 months from the date the child was initially removed from the child’s home, absent a finding of compelling reasons to the contrary, per Section 1-4-107 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-107).

(2) The dispositional order is reviewed by the court at least once every six months until:

(A) behaviors, conditions, or both that caused the child's adjudication are addressed and the child has been reunified with a parent, or legal guardian;

(B) the parent(s)' rights to the child are terminated and a final adoption is decreed;

(C) permanent guardianship of the child is granted; or

(D) the court terminates jurisdiction.

(3) The family is ultimately responsible for only those recommendations that are court-ordered per OAC 340:75-6-40.4.

2.   Concurrent permanency planning. Concurrent planning provides for reunification services while simultaneously developing an alternative plan if reunification efforts fail or are no longer feasible. Concurrent planning is required in cases where current or historical familial circumstances indicate a poor prognosis for reunification, per Form 04MP040E, Concurrent Planning Determination Tool. Efforts are made early in the case process to determine the most appropriate placement for the child. OAC 340:75-7-15 is followed when making placement decisions. When a petition to terminate parental rights is filed, the Child Welfare (CW) worker actively pursues either the previously determined concurrent plan or appropriate alternate permanency plan, as applicable. If the plan is adoption, the CW worker ensures the identification, recruitment, and processing of a qualified adoptive family for the child is completed in a timely manner. Questions to consider when determining the appropriateness of the placement are listed in (1) through (4).

(1) Are the siblings placed together?

(2) Is the child located in his or her own community, school district, or within close proximity of close family attachments?

(3) Are appropriate services available and readily accessible?

(4) Will this placement be able to provide permanency if efforts to reunite are unsuccessful?

3.   Other dispositional options. 10A O.S. § 1-4-707 allows the court to enter other dispositional orders, including, but not limited to:

(1) placing the child with a suitable person including a grandparent, relative, or other person specified in OAC 340:75-1-18(c)(1) non-custodial parent, if available, upon the completion of a home assessment; and

(2) order a party, or other person living in the home vacate the child's home indefinitely, or for a specified period of time within 48 hours of issuing the order; or

(3) order a party, parent, or legal guardian of the child to prevent a particular person from having contact with the child.

4.   Notice of hearing. The Child Welfare (CW) county of jurisdiction worker or the preadoptive parent's adoption specialist:

(1) provides KIDS generated Form 04MP030E, Hearing Notification, to the current foster or preadoptive parent, or relative no later than 15 days after the hearing is set;

(2) if the child moves after the notification has been provided, prints Form 04MP030E from the Reports icon and provides to the current foster parent, preadoptive parent, or relative no later than ten working days prior to the court hearing;

(3) if the hearing date changes, updates the Court Hearing Detail screen and provides the KIDS generated Form 04MP030E to the current foster parent, preadoptive parent, or relative no later than ten working days prior to the hearing; and

(4) documents in KIDS Contacts screen when and how Form 04MP030E was delivered.

5.   Placement considerations. Factors considered when identifying the placement that best meets the child's long term needs and best interests are described in (1) through (10).

(1) Siblings. Siblings are placed together when possible unless a joint placement would be contrary to the safety or well-being of any of the siblings. Siblings are separated only in certain circumstances in accordance with OAC 340:75-6-85.2.

(2) Attachment. The nature and degree of the child’s attachment to the siblings and significant others is assessed and used as an indicator of the child's ability to attach to a Bridge resource family.

(3) Age. Age is evaluated as a factor in relation to the applicant's ability to parent the child into adult years, provided age is not used as the basis to deny a Bridge resource applicant.

(4) Health. The health records of the prospective applicant indicate the applicant has the health to participate with the child in normal developmental activities and the ability to parent the child beyond the child’s age of majority.

(5) Culture. OKDHS does not rely on generalizations about the cultural identity needs of children of a particular race or ethnicity. OKDHS does not presume from the race or ethnicity of the prospective adoptive applicant that he or she would be unable to maintain the child's ties to another racial, ethnic, or cultural community.

(6) Placement of an Indian child. A child who is an Indian child as defined by the federal and state Indian Child Welfare Acts (ICWA), Section 1901 of Title 25 of the United States Code and Section 40 et seq. of Title 10 of the Oklahoma Statutes, must be placed according to the placement preferences per OAC 340:75-19-23. Prior to placing an Indian child with a non-extended family or a non-Indian family, the child's CW worker must request the court with jurisdiction in the deprived case to conduct a hearing to determine if good cause exists to allow placement of an Indian child outside the ICWA specified placement preferences. ICWA requires that:

(A) a good cause hearing be conducted;

(B) prior notice of the good cause hearing is given to all parties, including the tribe; and

(C) the court make a finding as to whether good cause exists to not follow the placement preferences specified by ICWA.

(7) Religion. The child is provided an opportunity for spiritual and moral development. If the child has made a religious commitment or the parent(s) has made a specific request, OKDHS makes a reasonable effort to find an adoptive family of like religious faith.

(8) Language. If the child's primary language is other than English, special consideration is given to identifying an adoptive family fluent in the same language as the child, including sign language for a child who is hearing impaired.

(9) Education. The child is given the opportunity to develop his or her potential and is not subjected to unrealistic academic expectations.

(10) Resources. The Bridge resource family must have adequate resources to meet the family’s needs.

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