OKDHS - OAC 340:75-1-20. Judicial reviews

340:75-1-20. Judicial reviews

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Revised 3-26-10

(a) Six-month review requirements. Section 1-4-807 of Title 10A of the Oklahoma Statutes requires that the court review every case regarding a child alleged or adjudicated deprived no later than six months after the date of the child's removal from the home and at least once every six months thereafter until permanency is achieved or the court otherwise terminates jurisdiction.

(b) Ninety-day review requirement. When Oklahoma Department of Human Services (OKDHS) has documented a compelling reason why a petition to terminate parental rights to the child is not in the child's best interests, based upon a consideration that the child is not presently capable of functioning in a family setting, the child's status is reevaluated by the court every 90 days until there is a final determination that the child cannot be placed in a family setting. [10A O.S. § 1-4-807]

(c) Requesting review hearing and combining hearings.

(1) At any time during the pendency of the case, any party may request the court to review the case. If granted, the requesting party provides notice to all parties of the date and time of the hearing.
(2) A review hearing may be held concurrently with a permanency hearing.

(d) Judicial review report. • 1 OKDHS prepares the report for the court when the child is in OKDHS legal custody or when OKDHS has court-ordered protective supervision of the child. The report includes, but is not limited to:

(1) a summary of the physical, mental, and emotional condition of the child, the conditions existing in the out-of-home placement where the child has been placed, and the adjustment of the child;
(2) a report on the progress of the child in school and, if the child has been placed outside the child’s home, the visitation exercised by the parents of the child or other persons authorized by the court;
(3) services provided to a child 16 years of age or older to assist in the transition from out-of-home care or other community placement to independent living;
(4) a description of:
- (A) progress on the part of the parent(s) to correct the conditions which caused the child to be adjudicated deprived;
- (B) changes that still need to occur and the specific actions the parent would take to make the changes; and
- (C) services and assistance that have been offered or provided to the parents since the previous hearing and the services that are needed in the future;
(5) a description of the child's placements:
- (A) by number and type with dates of entry and exit;
- (B) reasons for the placement or change in placement; and
- (C) a statement regarding the success or lack of success of each placement;
(6) efforts of OKDHS to locate and involve the parent(s) in the planning for the child, if the parent(s) are not currently communicating with OKDHS;
(7) compliance by OKDHS, as applicable, and the parent(s) with the court's orders concerning the individualized service plans, previous court orders, and OKDHS recommendations;
(8) whether the current placement is appropriate for the child, its distance from the home of the child and whether it is the least restrictive, most family-like placement available;
(9) a proposed timetable for the return of the child to the home or other permanent placement; and
(10) specific recommendations, giving reasons whether:
- (A) trial reunification should be approved by the court;
- (B) trial reunification should be continued to a certain date as specified by the court;
- (C) the child should remain in or be placed outside the home of the parent or legal guardian of the child; or
- (D) the child should remain in the current placement when the permanency plan is other than reunification with the parent or legal guardian of the child.

(e) Review hearing. At the review hearing the Child Welfare (CW) worker provides information similar to that offered at the dispositional hearing, with special emphasis on the progress on the court-ordered treatment and service plan. The court reviews all evidence that assists in decision-making including, but not limited to, oral and written reports presented by CW and others involved in the case.

(f) Notice of hearing. OKDHS provides written notice of review hearings via Form 04MP030E, Hearing Notification, to the preadoptive parent(s), relative, and current foster parent. The court provides the right to be heard to the current foster parent of the child, any preadoptive parent or relative providing care for the child. 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 deprived proceedings. • 2

INSTRUCTIONS TO STAFF 340:75-1-20

Revised 12-15-11

1. Judicial review report documentation.

(1) The judicial review report is documented in combination with the permanency report using Form 04KI009E, Court Report, or Form 04KI014E, Individualized Service Plan (ISP) Progress Report, as applicable.

(2) The court report specifically addresses, and provides rationale for recommendations, to assist the court in determining:

(A) whether the individualized service plan (ISP), services, and placement meet the special needs and best interests of the child with the child's health, safety, and educational needs specifically addressed;

(B) whether there is a need for the continued placement of the child;

(C) whether the current permanency plan for the child remains the appropriate plan to meet the health, safety, and best interests of the child;

(D) whether the services set forth in the ISP and the responsibilities of the parties need to be clarified or modified, due to additional information or changed circumstances, or as the court determines necessary for the correction of the conditions that led to the adjudication of the child;

(E) whether the terms of visitation need to be modified, including the visitation with siblings, if separated;

(F) the timeframe that should be followed to achieve reunification or other permanent plan for the child;

(G) whether reasonable efforts have been made to safely return the child to the home. When the court determines, or has previously determined that efforts to reunite the child with the child's family is inconsistent with the permanency plan, the court determines if reasonable efforts are being made to place the child in a timely manner in accordance with the permanency plan, and determines the steps necessary to finalize permanency for the child;

(H) when applicable, the youth, 16 years of age or older, receives appropriate services that assist in making the transition from out-of-home care to independent living. The court inquires or causes inquiry to be made of the child regarding any proposed independent living plan;

(I) whether the nature and extent of the services provided to the child and parent are adequate to ensure the safety of the child and protection from further physical, mental, or emotional harm, and, if necessary, order additional services to correct the conditions that led to the child's adjudication;

(J) whether, in accordance with safety or well-being of the child, reasonable efforts have been made to:

(i) place siblings, who have been removed, together in the same foster home, guardianship, or adoptive placement; and

(ii) provide for frequent visitation or other ongoing interaction in the case of siblings, who have been removed, but who are not placed together; and

(K) whether, during the 90 day period immediately prior to the child's 18th birthday, OKDHS and, as appropriate, other representatives of the child are providing the child with assistance and support in developing a transition plan per Form 04PP018E, My Transition Plan, personalized at the direction of the child and as detailed as the child elects, that includes specific options regarding:

(i) housing;

(ii) health;

(iii) insurance;

(iii) education;

(iv) local opportunities for mentors and continuing support services; and

(v) work force supports and employment services.

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

(1) completes Form 04MP030E, Hearing Notification, and mails or hand-delivers it to the current foster parent, preadoptive parent, or relative, no later than 15 days after the hearing is set; and

(2) when the child moves after the notification has been provided, copies Form 04MP030E completed for the hearing and mails or hand-delivers the copy to the current foster parent, preadoptive parent, or relative no later than seven days prior to the court hearing;

(3) when 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.

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