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340:75-6-30. Child's visitation with parents and siblings
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Revised 4-26-04
(a) Parent-child visitation. The frequency of a child's visits with his or her parent(s) is directly linked to the length of time the child stays in out-of-home placement. Visitation is the single most predictive factor in whether a child is successfully reunified. Parent-child visitation is a high priority of the Child Welfare (CW) worker and serves the functions of:
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(1) reassuring the child that the parent(s) has not abandoned him or her and that the parent(s) still cares for him or her;
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(2) reassuring the parent(s) that CW is serious about maintaining family relationships and helping the parent(s);
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(3) strengthening familial relationships;
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(4) demonstrating new parenting skills by the parent(s);
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(5) evaluating parenting skills;
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(6) evaluating parent-child interaction;
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(7) assessing the parent(s)' level of interest and ability to parent;
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(8) preparing families for reunification; and
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(9) identifying continued risks to the child's safety that make reunification unfeasible. • 1 & 2
(b) Visitation is a right. The child and parent(s) have a right to regular visitation.
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(1) The parent(s) is notified of this right on Form CWS-KIDS-10 (new form number 04KI008E), Treatment Plan, Form CWS-KIDS-24 (new form number 04KI012E), Individualized Service Plan (ISP), or Form CWS-KIDS-25-A (new form number 04KI013E), Individualized Service Plan (ISP) Dispositional Report, as applicable.
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(2) Denial of family visitation, sibling contact, or the exchange of letters and phone calls is not used to reward or punish the child or family.
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(3) Visitation is available to the children and families involved with CW, provided there is no:
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(4) Regular visitation does not occur when:
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(A) the parents decline to participate;
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(B) the permanency plan is not reunification; or
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(C) the special circumstances described in OAC 340:75-6- 30(c) apply.
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(5) Prior to discontinuing visitation with the parent(s), the CW worker consults with the district attorney, child's attorney, and child's therapist if appropriate, and advises the court of the recommendation. Written notice of this decision with a detailed explanation is provided to the: • 1
(c) Frequency of parent-child visitation. Family visitation begins no later than two weeks after the child's removal and is arranged a minimum of every four weeks thereafter until the child is returned or the permanency plan is no longer reunification. • 1 Exceptions are made when the:
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(1) parent(s) fails to cooperate with visitation arrangements;
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(2) court orders no visitation;
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(3) whereabouts of the parent(s) are unknown; or
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(4) visitation, even supervised, endangers or submits the child to highly damaging psychological stress.
(d) Visitation schedule. • 1
- (1) A schedule of visitation is designed jointly with the family, placement provider, and CW worker. Visitation increases in length and frequency and decreases in the level of supervision as the parents correct the conditions of intervention.
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(2) A visitation schedule provides security for parent-child interaction and allows parents a reliable routine for practicing new parenting and relationship techniques. The schedule promotes time management skills for the parents and allows the CW worker an opportunity to observe the parent-child interaction.
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(3) The CW worker determines the frequency, location, and arrangements for visitations. When safety is ensured, the placement provider may participate in visitation. The visitation schedule is written and signed by the family, placement provider, and CW worker, with copies for all, including the child as appropriate, and attached to Form CWS-KIDS-10 (new form number 04KI008E), Form CWS-KIDS-24 (new form number 04KI012E), or Form CWS-KIDS-25-A (new form number 04KI013E).
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(A) Frequency. Contact with the child occurs according to the safety situation for the child. Initially, frequency is increased by adding a schedule for letters and phone calls, followed by an increase in visits. Phone calls and visits are arranged with the parent(s), placement provider, and child, age permitting.
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(B) Length. Initial visits are of short duration, one to two hours. Length of visits gradually increases as the parents become more proficient in parenting skills. Successful unsupervised all day, overnight, and weekend visits are completed prior to planning for the child's return home.
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(C) Location. In the beginning stages of a case, visits may require supervision by the CW worker, and when necessary, held in a controlled environment such as the Oklahoma Department of Human Services (OKDHS) office. As soon as safety permits, visits are held in locations conducive to parent-child interaction, such as parks, restaurants, and shopping malls. As the parents progress in eliminating the risk factors, the frequency and length of visits increase and the location moves to the placement provider's or parent(s)' home, as appropriate. The length, frequency, and location of visits are based on the needs of the child and the abilities of the parent(s).
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(D) Activities. Visits are planned and structured to include age appropriate activities with the child. This allows the parent(s) the opportunity to learn about the child's development and to strengthen the parent-child relationship. As parental involvement progresses, school conferences and doctor appointments may be combined with the family visits.
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(E) Mail and phone contact. Contact with the child's parent(s), extended family, and friends through phone calls and letters is encouraged. Mail, including e-mail, and phone calls are not monitored or restricted unless it is essential for the child's protection. • 4 The court is advised when restrictions are warranted and of OKDHS efforts to improve the quality of family contacts. Restrictions may be considered when:
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(i) threats are made to the child;
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(ii) the contact causes harm to the child's emotional well-being;
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(iii) there is an attempt to influence the child's testimony; or
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(iv) an attempt is made to undermine a present or future placement.
(e) Contact with siblings. All efforts are made to place sibling groups together in both temporary and permanent placements, per OAC 340:75-6-85.3. When this is not possible, face-to-face, phone, letter, or e-mail contact between all siblings is arranged a minimum of once every four weeks until the siblings are reunited in out-of-home placement or the permanency plan is achieved. The CW worker verifies this contact with the placement provider at each monthly contact. Sibling contacts approved by the CW worker may be arranged by placement providers. • 1
(f) Child's visits or contacts with relatives. When a child is in emergency or temporary OKDHS custody, the CW worker evaluates requests for visitation or contact from relatives or extended family members based on information from the child's parent(s) and the significance of the relationship to the child's well-being. The decision is discussed with the child's attorney when there is disagreement with the child's parent(s) regarding the contact or visitation with relatives. • 5
(g) Child's visits or contacts from outside entities. The CW worker determines who is appropriate to have visitation or contact with a child in out-of-home placement. When the child is in emergency or temporary OKDHS custody, the parent(s) has input into this decision. For the child in permanent OKDHS custody, the CW worker may approve contact, based upon the child's wishes and the permanency plan. • 5
INSTRUCTIONS TO STAFF 340:75-6-30
ITS only revised 5-11-06
1. Visitation.
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(1) Importance of visitation. The Child Welfare (CW) worker stresses to the parent(s) the importance of regular visits with the child. Parents are informed that a child in out-of-home placement anticipates and is positively or negatively affected by family visits. The CW worker explains that:
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(A) when a parent(s) fails to attend a scheduled visit, it is harmful to the child; and
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(B) attendance at scheduled visits is utilized in considering the parent(s)' compliance with Form CWS-KIDS-10 (new form number 04KI008E), Treatment Plan, or CWS-KIDS-24 (new form umber 04KI012E), Individualized Service Plan (ISP).
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(2) Suspension or termination of visitation prior to adjudication. Decisions to suspend or terminate visitation prior to adjudication are not made without court approval.
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(3) Visitation frequency. Parent-child visitation is essential to the reunification process. The CW worker:
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(A) attempts to facilitate the most frequent visitation schedule possible; and
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(B) if unable to arrange parent-child visitation every four weeks due to conflicts in worker's schedule or other job related demands, arranges a visit no later than six weeks from the last parent-child visit.
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(4) Visitation delays. Since parent-child visitation is critical to reunification efforts and the child's well-being, the CW worker only delays visits beyond the four week intervals for documentable good cause.
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(5) Protocol for visitation facilitation for multiple county assignments.
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(I) who will be involved in the visitation;
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(II) when and where visitation will be held;
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(III) who will provide transportation;
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(IV) who will be responsible for documentation of visitation in KIDS; and
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(V) visitation cancellation and suspension issues.
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(I) court orders regarding visitation, such as frequency and supervision;
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(II) needs of child and parent(s);
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(III) suggested activities; and
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(IV) any other pertinent information.
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(B) The CW county of jurisdiction worker and the CW county of placement worker review the decisions regarding visitation and address any issues during the monthly required phone contact.
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(C) If there is disagreement regarding any visitation decisions, the CW worker not in agreement consults with his or her CW supervisor to determine necessary action via teleconference or face-to-face staffing among all assigned CW staff.
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(6) Visitation documentation. The occurrences and interactions during family visitation provide essential information utilized in making case decisions. The parents' progress in parenting skills, the development of the parent-child relationship, and significant events are recorded in the KIDS Contacts and Visits screens and provided to the court in the Visitation section of Form CWS-KIDS-11 (new form number 04KI009E), Court Report, Form CWS-KIDS-25-A (new form number 04KI013E), Individualized Service Plan (ISP) Dispositional Report, for dispositional hearings, or CWS-KIDS-25 (new form number 04KI014E), Individualized Service Plan (ISP) Progress Report, for review hearings.
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(7) Failure to attend visitation. When parents do not attend a scheduled visit, the CW worker discusses this with the parents to determine the cause. Failure generally falls into the categories listed in (A) through (C).
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(A) The parents were unable to attend due to circumstances beyond their immediate control. In this event, another visit is scheduled as soon as it can be arranged and services, such as transportation, are provided to alleviate the cause of the missed visit and promote future visits.
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(B) There is frequent absenteeism even after services were offered.
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(i) An evaluation of the reasons for the parent(s)' failure to attend is made with the parent(s)' participation.
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(ii) The parent(s) is informed that failure to keep scheduled visits is harmful to the child's emotional and mental well-being and to the parent-child relationship.
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(iii) When feasible, the CW worker attempts to minimize harm to the child due to the parent(s)' failure to attend. One method requires the parent(s) to arrive at the visitation location prior to the child.
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(C) The parents chronically miss visits.
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(i) When a parent(s) does not attend visits after services are offered and he or she is aware of resulting harm to the child, this is an indication that the parent(s) may be unwilling or unable to assume parenting responsibilities.
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(ii) Visit absenteeism may be accompanied by arriving late, leaving early, or poor parent-child interaction. The CW worker uses this information in permanency planning for the child.
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(8) Anxiety demonstrated during visitation. Visits with parents are often stressful to a child.
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(A) The child may:
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(i) be upset by the parent(s)' behaviors;
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(ii) have a loyalty conflict between the parent(s) and placement provider; or
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(iii) feel anger, fear, or uncertainty about the separation and the future.
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(B) Placement providers often attribute a child's difficult behaviors before and after visits to negative feelings the child may have toward the parent(s) or to negative events that might have occurred during the visit.
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(C) Pre- and post-visit behaviors are documented in KIDS Visits screen and, when appropriate, Form CWS-KIDS-11 (new form number 04KI009E) or CWS-KIDS-25 (new form number 04KI014E).
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(D) When a child demonstrates anxiety surrounding family visits the actions in (i) and (ii) are considered.
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(i) The CW worker holds a discussion with the parent(s), placement provider, child, and appropriate professionals, such as a counselor or therapist, to determine whether changes will make the visits more satisfactory. With the parent(s)' participation, the CW worker designs a plan of action to correct the situation and assists the parent(s) in making necessary changes.
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(ii) If the behavior persists after the CW worker has talked to the child, counseling is provided to determine the cause for the reaction. The CW worker maintains awareness of the child's feelings, fears, and desires by conducting visits with the child and observing family visitation a minimum of every four weeks.
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(I) When abuse or neglect occurs during visitations, a new investigation is conducted, per OAC 340:75-3.
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(II) Significant events and reactions by the child are documented in the appropriate KIDS screens and Form CWS-KIDS-11 (new form number 04KI009E) or Form CWS-KIDS-25 (new form number 014E).
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(9) Sibling visitation. When sibling contact is detrimental to one or more of the siblings, a temporary exception to visitation is documented in the case record. The CW worker:
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(A) arranges services, including counseling, if indicated, to correct the situation; and
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(B) reports the status of sibling contact in the Visitation section of Form CWS-KIDS-11 (new form number 04KI009E) or CWS-KIDS-25 (new form number 04KI014E).
2. Continuation of visitation. After the court makes a finding that reasonable efforts to reunite are not required or have been made and failed, visitation between the child and parent(s) is evaluated on a case-by-case basis to determine whether to continue visitation. Either finding alone does not indicate that visitation ceases. At the court hearing, the CW worker addresses the need for termination of parental rights and visitation issues.
3. Visitation with a parent whose rights were terminated. In some cases, contact and visitation of an older child or teenager and a parent whose rights were terminated may be appropriate. Teens and older children in other permanent placements, excluding adoptive homes, may desire a relationship with a parent who has made changes and matured since parental rights were terminated.
4. Opening and reading the child's mail. Mail for a child in the Oklahoma Department of Human Services (OKDHS) custody is not opened or inspected except by the child. When the CW worker believes the mail contains:
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(1) contraband, the worker opens the mail in the child's presence without reading; or
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(2) inappropriate or harmful information, the worker immediately notifies the CW supervisor, as court approval is required to open or read the child's mail.
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(A) The CW supervisor consults with the CW field liaison (CWFL) regarding any concerns for the child and procedures to open or inspect the mail.
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(B) If deemed necessary, the CW supervisor contacts the district attorney for assistance in obtaining an order from the court providing appropriate restrictions.
5. Visitation with relatives, extended family, and significant others. Since contact and visitation with relatives and extended family is important for the child's well-being, the CW worker:
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(1) facilitates this type of contact and visitation; and
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(2) when school teachers, church personnel, or other members of the community who know the child request ongoing visitation or contact with the child, considers the parent(s)' feelings and opinions, wishes of the child, and permanency plan.
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