(a) Permanency hearing.  State and federal law determine the requirements for permanency hearings.

• (1) When a child has been in out-of-home care for 12 months or longer, the court may require that the Oklahoma Department of Human Services (OKDHS) facilitate a meeting held no later than 30 days prior to the permanency hearing to discuss recommendations regarding the child's permanency plan that will be reported to and reviewed by the court.  The court may direct the assigned guardian ad litem, if any, who may be a court-appointed special advocate, a judicial case manager, or OKDHS to make arrangements for the meeting.  The foster parents of the child, the parents of the child, or the parents' attorney, a post-adjudication review board member, the guardian ad litem who has been appointed to the case, the child, the child's attorney, and others as appropriate are contacted to assist in the preparation of the report; however, persons determined not to require reasonable efforts pursuant to the provisions of Section 1-4-809 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-809) are not required to attend.
• (2) The judge conducts the hearing and makes determinations, per 10A O.S. § 1-4-811.  OKDHS Child Welfare (CW) workers are responsible for providing the court with the necessary information to conduct the hearing.  A permanency hearing is held for any case regarding a child alleged or adjudicated deprived.  At the request of a party, OKDHS, or the court, the initial and subsequent permanency hearings may be held more frequently, but no later than:
  • (A) six months from the date of the child's placement in out-of-home care and every six months thereafter; and
  • (B) 30 days after a determination that reasonable efforts are not required and every six months thereafter.  • 1 & 2

(b) Notification of hearing and right to be heard.  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.  Such notice and right to be heard is not construed as requiring any foster parent, preadoptive parent, or relative be made a party to such action. • 3

(c) Court jurisdiction to finalize child's permanent plan. The judge presiding over the deprived case also has authority to make final determination in the matter and preside over any separate action necessary to finalize a child's permanency plan, including an adoption, guardianship, or other custody proceeding.