OKDHS - OAC 340:75-1-18.4. Reasonable efforts not required determination

340:75-1-18.4. Reasonable efforts not required determination

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Revised 3-26-10

(a) At any time prior to or following the adjudicatory hearing, the court, on its own motion, or upon the motion of a party, may find that reasonable efforts to prevent the removal of a child from home or to reunite the child with the family are not required, when the court makes determinations per Section 1-4-809 of Title 10A of the Oklahoma Statutes the:

(1) parent or legal guardian of the child, who is an infant age 12 months or younger, has abandoned the child;
(2) parent or legal guardian of the child has:
- (A) committed murder or manslaughter of any child;
- (B) aided or abetted, attempted, conspired, or solicited to commit voluntary manslaughter of any child;
- (C) committed a felony assault upon any child that resulted in the child receiving serious bodily injury; or
- (D) subjected any child to aggravated circumstances including, but not limited to, heinous and shocking abuse, or heinous and shocking neglect; or
(3) the parental rights of a parent to the child's sibling have been terminated involuntarily.

(b) The court conducts a permanency hearing within 30 days of a determination by the court that any of the conditions specified in 10A. O.S. § 1-4-809 exist. Reasonable efforts are required to place the child in a timely manner in accordance with the permanency plan.

INSTRUCTIONS TO STAFF 340:75-1-18.4

Issued 3-26-10

1. Recommendation for termination. The Child Welfare (CW) worker and supervisor staff the need for termination. When appropriate, the CW worker recommends a finding of reasonable efforts not required and request for termination on Forms 04KI003E, Report to District Attorney, 04KI013E, Individualized Service Plan (ISP) Dispositional Report, or 04KI014E, Individualized Service Plan (ISP) Progress Report. The CW worker documents the request for termination in the KIDS/Court/Par Rights/Recommend screen within five working days.

2. Reasonable efforts not required. When any of the conditions in (1) through (3) exist, the Child Welfare (CW) worker provides documentation to assist the court in determining whether a finding of reasonable efforts to reunify the child and family are not required and immediate termination are appropriate. Reasonable efforts to provide for the return of the child to the child's home or preserve the family are not required if the court determines the:

(1) parent(s) or legal guardian(s) of the child, who is an infant age 12 months or younger, has abandoned the child;

(2) parent(s) or legal guardian(s) of the child has:

(A) committed murder or manslaughter of any child;

(B) aided or abetted, attempted, conspired, or solicited to commit voluntary manslaughter of any child;

(C) committed a felony assault upon any child that resulted in the child receiving serious bodily injury; or

(D) subjected any child to aggravated circumstances including, but not limited to, heinous and shocking abuse, or heinous and shocking neglect; or

(3) the parental rights of a parent to the child's sibling have been terminated involuntarily.

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