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Oklahoma Department of
Human Services
Stronger Families Grow
Brighter Futures
Oklahoma Department of Human Services
Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd. • Oklahoma City, OK 73105
(405) 521-3646 • Fax (405) 521-6684 • Internet: www.okdhs.org
 
 
 
340:75-6-4. Definitions
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Revised 7-1-11

 

     The following words and terms when used in Section 1-1-105 of Title 10A of the Oklahoma Statutes or in this Subchapter have the following meanings unless the context clearly indicates otherwise:

     "Alleged father" means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined.  The term does not include a presumed father.  [10 O.S. § 7700-102]

     "Child Advocacy Center" means an entity that is an associate or full member in good standing of the National Children's Alliance.

     "Concurrent permanency planning" means when indicated, the implementation of two plans for a child entering out-of-home placement.  One plan focuses on reuniting the parent and child; the other seeks to find a permanent out-of-home placement for the child and both plans are pursued simultaneously.

     "Independent Living program" means a program specifically designed to assist a child in Oklahoma Department of Human Services (OKDHS) custody or an Indian tribe in developing and enhancing the skills and abilities necessary for successful adult living, per Part 13 of OAC 340:75-6.

     "Kinship care" means full-time care of a child by a kinship relation.

     "Kinship relation" means relatives, stepparents, or other responsible adults who have a bond or tie with the child and to whom have been ascribed a family relationship role with the child or the child's parent.

     "Multidisciplinary team" means any team of three or more persons involved in the provision of services, treatment, or both, to a child and the child's family and who meet to assess the progress on the treatment and service plan.

     "Permanent guardianship" means a judicially created relationship between a child, a kinship relation of the child, or other adult pursuant to 10A O.S. 1-4-709.

     "Presumed father" means a man who, by operation of law under Section 7700-204 of Title 10 of the Oklahoma Statutes, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.  A man is presumed the father of a child when:

    • (A) he and the mother of the child are married to each other and the child is born during the marriage;
    • (B) he and the mother of the child were married to each other and the child is born within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, dissolution of marriage, or after decree of separation;
    • (C) before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination by death, annulment, declaration of invalidity, or after a decree of separation, or dissolution of marriage;
    • (D) after the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child; and:
      • (i) the assertion is in a record with the Oklahoma State Department of Health, Division of Vital Records or OKDHS;
      • (ii) he agreed to be and is named as the child's father on the child's birth certificate; or
      • (iii) he promised in a record to support the child as his own; or
    • (E) for the first two years of the child's life, he resided in the same household with the child and openly held out the child as his own.

     "Risk" means the conditions in the child's home that put the child in danger of abuse, neglect, or both.

     "Safety threat" means the threat of serious harm due to child abuse or neglect occurring in the present or in the very near future and without the intervention of another person, a child would likely or in all probability sustain severe or permanent disability or injury, illness, or death.

     "Sibling" means a biologically or legally related brother or sister of a child.

INSTRUCTIONS TO STAFF 340:75-6-4

 

Revised 7-1-11

 

1.   The following words and terms when used in this Subchapter have the following meanings unless the context clearly indicates otherwise:

    "Alternate permanent plan" means a permanent living arrangement for a child in Oklahoma Department of Human Services (OKDHS) custody, other than reunification with the parent(s), and requires an assessment of the child's needs and a treatment and service plan that addresses the child's permanent plan, per OAC 340:75-6-31.

    "Case plan" means the overall plan for the placement of the child and treatment needs of the child and the child's family, per OAC 340:75-6-40.

    "Closest geographic proximity as possible" means placement of a child in OKDHS custody in the nearest geographic location to the child's own home that will meet the child's needs.

    "Family team meeting" means a structured, facilitated meeting among all possible family members and a case specific multidisciplinary team including tribes, as applicable, to collaboratively create plans that effectively address safety, permanency, and well being; also referred to as family group decision making, family group conferencing, or team decision making.

    "Initial Meeting" means a meeting between foster and birth parents, occurring within seven days of placement, for the purpose of holding a facilitated discussion regarding the needs of the child and to begin the process of creating a professional relationship between foster and birth parents.

    "Least restrictive" means the placement of a child in OKDHS custody in the most home-like situation that meets the child's needs per OAC 340:75-6-85.

    "Movement" means changing a child in OKDHS custody from one living arrangement to another.

    "Out-of-home placement" means a living arrangement for a child other than the home of the child's parent(s), legal guardian, or legal custodian from whose custody the court has removed the child.

   "Protective capacity" means a skill or resource that can be mobilized to contribute to the ongoing protection of a child.

   "Reasonable efforts" means the reasonable exercise of diligence and care, with regard to a child who is in out-of-home placement or who is at imminent risk of harm, to:

(A) refer to, arrange for, or develop reasonable supportive and rehabilitative services for the child's family that are required both to prevent unnecessary placement of the child outside of the home and to foster, whenever appropriate, the safe reunification of the child with the child's own family; or

(B) place a child who cannot return home into a permanent placement in accord with the child's permanency plan.

   "Reunification" means a permanent plan for the child that involves the return of the child to any person who retains parental or legal rights to the child after removal for child abuse, neglect, or both, regardless of the custody arrangement prior to the child entering out-of-home care per OAC 340:75-6-31.



Last Updated:  10/21/2011
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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