OKDHS - OAC 340:75-1-22. Administrative review and procedures

340:75-1-22. Administrative review and procedures

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Revised 12-7-04

(a) Administrative review. Title IV of the Social Security Act requires that a case review, either judicial or administrative, occur at least each six months following the date of placement for each child in out-of-home care. An administrative review may not substitute for the statutorily required hearings. An administrative review is held when a case involving a child placed in out-of-home care, or a youth age 18 to 21 in voluntary placement with Oklahoma Department of Human Services (OKDHS) is not reviewed after a six-month interval by the court of jurisdiction or the post adjudication review board (PARB). Child Welfare staff is responsible for providing an administrative review in these situations. The parent(s) and child, if of appropriate age or ability, are given the opportunity to participate in the review. • 1 & 2

(b) Case review system. Section 475(6) of the Social Security Act defines the administrative review as ... a review open to the participation of the parents of the child, conducted by a panel of appropriate persons at least one of whom is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review. The case review system ensures:

(1) each child adjudicated deprived in OKDHS custody living in out-of-home placement has a case plan designed to achieve placement in a safe setting that is least restrictive, in close proximity to the parent(s)' home, and is consistent with the child's best interests and special needs;
(2) the child's status is reviewed at least each six months by either a court or administrative review to determine:
- (A) the safety of the child;
- (B) the continuing need for and appropriateness of the placement;
- (C) the extent of progress made on the case plan toward alleviating the conditions that caused the child's placement in out-of-home care; and
- (D) a likely date that the child can be returned home or will obtain permanency through adoption, guardianship, or other placement, as applicable; and
(3) procedural safeguards, such as a permanency hearing, are made available to the child and family, as required by Section 7003-5.6d of Title 10 of the Oklahoma Statutes, per OAC 340:75-1-18.1.

INSTRUCTIONS TO STAFF 340:75-1-22

1. Administrative review exception. A child born to a youth adjudicated deprived in Oklahoma Department of Human Services (OKDHS) custody is not required to have an administrative review and is considered to be in his or her own home when the child is:

(1) not a ward of the court; and

(2) in the same placement as the mother or father.

2. Administrative review procedures. The procedures in (1) through (3) are required for the completion of an administrative review.

(1) The Child Welfare (CW) county of jurisdiction worker tracks the due date for judicial review or review by the post adjudication review board (PARB). When the review is due, the CW worker confirms that the case is on the court docket or PARB schedule. A review of the dispositional order is required at least once every six months, per Section 7003-5.6 of Title 10 of the Oklahoma Statutes.
- (A) If the case is not scheduled, the CW worker contacts the court or PARB to schedule the review. If the case cannot be set for review within six months of the last review, the CW worker informs the CW supervisor who then notifies the CW field liaison (CWFL) that an administrative review is required. The circumstance most commonly requiring a review is for a youth, 18 to 21 years of age, in voluntary foster care.
- (B) The case is updated to ensure the most current information is available. The CW worker updates Forms:
  - (i) CWS-KIDS-7 (new form number 04KI004E), Placement Provider Information;
  - (ii) CWS-KIDS-8 (new form number 04KI005E), Placement Plan;
  - (iii) CWS-KIDS-9 (new form number 04KI006E), Family/Child Strengths and Needs Assessment;
  - (iv) CWS-KIDS-10 (new form number 04KI008E), Treatment Plan, or CWS-KIDS-24 (new form number 04KI012E), Individualized Service Plan (ISP); and
  - (v) CWS-KIDS-11 (new form number 04KI009E), Court Report, or CWS-KIDS-25 (new form number 04KI014E), Individualized Service Plan (ISP) Progress Report, as applicable.
(2) The CWFL convenes a panel of three to five OKDHS staff to review the case. The CWFL selects at least one local staff member, usually the CW worker, who is familiar with the case to participate in the review. One member of the panel must be a person outside the line of authority responsible for services to the child or family. Participation by the county director or designee is recommended.
- (A) The CWFL schedules the administrative review within 30 days of the required six-month review.
- (B) If the court of jurisdiction county differs from the county where the child or family is located, the CWFL coordinates the participation of appropriate staff from any other county.
- (C) The parent(s) is sent a letter at least five working days prior to the review, and if possible, the review is scheduled to allow for the parent(s)' participation. Other persons involved in the case, such as placement provider, adult sibling, tribal representative, or service providers, are invited, if appropriate. Efforts to ensure parental participation and the participation of others is documented in KIDS Contacts screen.
(3) The panel members review updated Forms CWS-KIDS-7 (new form number 04KI004E), CWS-KIDS-8 (new form number 04KI005E), CWS-KIDS-9 (new form number 04KI006E), CWS-KIDS-10 (new form number 04KI008E) or CWS-KIDS-24 (new form number 04KI012E), CWS-KIDS-11 (new form number 04KI009E) or CWS-KIDS-25 (new form number 04KI014E), and any other portions of the case record as appropriate. The CW county of jurisdiction worker or supervisor briefs the panel and persons involved in the case and responds to questions. The CWFL chairs the panel and guides the review. If necessary, time limits or other procedural requirements are used by the CWFL to ensure the orderly and timely presentation of necessary information and opinions.
- (A) The panel is responsible for:
  - (i) determining the safety of the child and whether continued placement outside the home is necessary;
  - (ii) assessing the appropriateness of the placement;
  - (iii) judging the extent of compliance with the case plan and determining progress made toward alleviating the problems that caused the child's removal and placement; and
  - (iv) projecting a date that the child may be returned to and safely maintained in the home, placed for adoption, or placed under the legal guardianship of another.
- (B) The CWFL ensures that the panel obtains the information necessary during the review to evaluate the answers to the questions in (i) through (vi).
  - (i) Were the child's needs identified in Form CWS-KIDS-9 (new form number 04KI006E) and services initiated to address those needs?
  - (ii) Were the risk factors in the family identified in Form CWS-KIDS-10 (new form number 04KI008E) or Form CWS-KIDS-24 (new form number 04KI014E) and services initiated to assist the parents in correcting these conditions?
  - (iii) Is continued out-of-home care necessary?
  - (iv) Are the child's needs being met in the current placement?
  - (v) Is progress being made to correct the conditions that required the child's removal from the home?
  - (vi) By what date might the child be returned home or other permanent plan achieved?
- (C) The CW county of jurisdiction worker documents the results of the administrative review in KIDS Contacts screen. The CWFL ensures that the required documentation is entered into KIDS. The CW supervisor e-mails Children and Family Services Division Permanency Planning Section programs manager when an administrative review is completed and includes the case name and number. The appropriate CW worker implements any corrective action or change in the plan for the child's care identified during the administrative review.

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