(a) Dispositional hearing.  After a child is adjudicated deprived, the court holds a dispositional hearing, per Section 7003-5.5 of Title 10 of the Oklahoma Statutes.  The court must enter a dispositional order on the same day or within 40 days of adjudication, unless the court finds on the record that the child's best interests are served by granting a delay.

• (1) If the court grants a delay, the court must state why the delay is necessary and the minimum amount of time needed to resolve the reasons for delay.
• (2) 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.  • 1

(b) Dispositional hearing purpose.  The purpose of the dispositional hearing is to determine the service 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.

• (1) At the hearing, the recommended treatment and service plan is presented to the court.  The judge makes the final decision regarding whether the proposed treatment and service plan is accepted and whether a court order is issued regarding compliance with any or all recommendations.  The family is ultimately responsible for only those recommendations that are court‑ordered, per OAC 340:75-6-40.4.
• (2) The dispositional order includes a statement informing the child's parent(s) that the consequences of non-compliance with the court's requirements may include, as applicable, loss of custody of the child or termination of the parent(s)' rights to the child.  If reasonable efforts are required for the return of the child to the child's home, the parent(s) of the child must be given at least three months to correct conditions that led to the adjudication of the child, prior to requesting termination of parental rights.
• (3) The dispositional order is reviewed by the court at least once every six months until:
• (A) conditions that caused the child's adjudication are corrected;
• (B) the parent(s)' rights to the child are terminated and a final adoption is decreed;
• (C) permanent care and custody of the child is awarded to another person or a kinship guardian is granted; or
• (D) the court terminates jurisdiction.

(c) Special rules regarding custody orders.  Before placing custody of a child with the parent(s), legal guardian, legal custodian, or other suitable person, the court must consider the order of custody preference and the person's background, per Sections 21.1 and 7003-8.1 of Title 10 of the Oklahoma Statutes.

• (1) Order of custody preference.  Every effort is made to place a child with a member of the child's family in a safe and appropriate home.  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 custodial parent, or, as the next priority preference, give placement to the noncustodial parent, custody is awarded, per Sections 21.1 of Title 10 of the Oklahoma Statutes, to a:
• (A) grandparent;
• (B) person indicated by wishes of a deceased parent;
• (C) relative of either parent;
• (D) person in whose home the child has been living in a wholesome and stable environment; or
• (E) any other person deemed by the court to be suitable.  If the court determines custody of the child cannot be made according to the order of preference, the court must document the reasons in the court record.
• (2) Background considerations.  The court is prohibited from placing custody of a child with a person who is subject to the Oklahoma Sex Offender Registration Act or with a person who is married to or living with a person who is subject to the Oklahoma Sex Offender Registration Act.
• (A) "Person" does not include a parent, legal guardian, or legal custodian of a child.
• (B) Before awarding custody, the court must inquire whether the person has been previously convicted of any felony, relevant misdemeanor, or has such charges pending.  A person requesting custody must respond to the court's inquiry by affidavit or sworn testimony and provide the court with an Oklahoma criminal history record.
• (3) Presumptions against placement.  Custody or visitation with a child is not granted to any person if the custody or visitation established will likely expose the child to a foreseeable risk of material harm.  There is a rebuttable presumption that it is not in the child's best interests to have custody or visitation granted to a person who:
• (A) is or has been subject to, or resides with anyone who is subject to the Oklahoma Sex Offender Registration Act;
• (B) was convicted of or resides with a person who was convicted of a crime of child abuse, neglect, or of a sexual nature;
• (C) was convicted of or resides with a person who was convicted of domestic abuse within the past five years; or
• (D) is found alcohol or drug dependent by clear and convincing evidence and expected in the near future to inflict or attempt to inflict serious bodily harm to self or others as a result of dependency.

(d) Dispositional options.  Subject to the conditions and restrictions per OAC 340:75‑1-18(c), the court makes one or more dispositional orders, including:

• (1) placing the child under supervision by OKDHS in the child's own home with the child's custodial parent, legal guardian, or legal custodian from whom the child was removed, or placement with the noncustodial parent.  The court may specify conduct to be followed by the parent and any other adult in the home.  Supervision by OKDHS may not exceed one year unless extended by the court;
• (2) placing the child with a suitable person, including a grandparent, relative, or other person specified in OAC 340:75-1-18(c)(1);
• (3) placement of the child in the custody of a private institution or agency;
• (4) ordering the child to receive counseling or other community-based services;
• (5) committing the child to the custody of OKDHS;
• (6) 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 treatment and service plan prescribed by OKDHS;
• (7) ordering a child's permanent care and custody transferred to another person upon the written consent of the parent(s) of the child, per OAC 340:75-1-18.2;
• (8) ordering a child's permanent care and custody transferred to a kinship guardian, per OAC 340:75-1-18.3; and
• (9) dismissing the petition and terminating its jurisdiction at any time for good cause when in the child's best interests.

(e) 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;
• (B) are no longer feasible and are being made to secure an alternate permanent placement 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 OAC 340:75‑1‑18.4;
• (2) an out-of-home placement continues to be appropriate and in the child's best interests; and
• (3) 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.

(f) 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.  • 2