Revised 5-15-09

1.         Permanency plan selections.

(1) Concurrent planning.  Concurrent planning provides for reunification services while simultaneously developing an alternative plan, if reunification efforts fail or are no longer feasible.  Concurrent planning is required in cases where current or historical familial circumstances indicate a poor prognosis for reunification.  The Child Welfare (CW) worker completes Form 04MP040E, Concurrent Planning Determination Tool, within 30 days of the child's removal to establish whether concurrent planning is appropriate. 

(A) When concurrent planning is appropriate, the CW worker:

(i) initiates activities to select the most appropriate concurrent plan.  Within 30 days of determination that concurrent planning is appropriate, meets with all possible family members and the child, as appropriate, to discuss concurrent planning and gain the family's input on the most appropriate plan for the child;

(ii) selects either adoption or guardianship as a concurrent plan, consistent with the best interests of the child;

(iii) develops activities and establishes time frames in order to make progress towards achievement of the concurrent plan.  Examples of concurrent planning activities include, but are not limited to:

(I) diligent search for absent parents and relatives immediately and in an ongoing manner;

(II) early identification of a resource family who is willing to be a permanent placement if reunification fails;

(III) ongoing efforts to place siblings together; and

(IV) addressing any identified barriers to achievement of the concurrent plan;

(iv) documents concurrent planning activities on Form 04MP040E, Concurrent Planning Determination Tool, and files in the case within 60 days of determination that concurrent planning is appropriate.

(B) When concurrent planning is not initially appropriate, the CW worker and supervisor review the poor prognosis indicators per Form 04MP040E, a minimum of every 90 days or whenever family circumstances may dictate the need to initiate a concurrent plan.

(2) Selecting the appropriate permanency plan.  To establish an appropriate plan, a plan is selected on Form 04KI008E, Treatment Plan, or 04KI012E, Individualized Service Plan (ISP), and Form 04KI014E, Individualized Service Plan (ISP) Progress Report, as applicable, that best serves the child's interests and long-term needs, including safety, well-being, and permanence.  The CW worker reassesses the appropriateness of this plan at each update of Form 04KI008E or Form 04KI014E.  Permanency planning is directed toward one of the permanency plans listed in (A) through (G).

(A) Maintain in own home.  The child's own home is determined by CW to be the appropriate, safe, and permanent living situation.

(i) The child is in the home of the parent(s) and the short-term risk of abuse or neglect is under control.

(ii) The family is working with CW to reduce the long-term risk of abuse or neglect.

(B) Return to own home.  The child's own home is determined by CW as the appropriate, safe, and permanent living situation.

(i) The child was removed from the home for protection from abuse or neglect.  CW is providing services to the family to reduce the risk of abuse or neglect enough for the child to return home and live there safely.

(ii) The family, with CW assistance, is willing and able to reduce the risk of abuse or neglect enough for the child to return home, per OAC 340:75-6-31(c).

(C) Guardianship.  The home of a relative, kin, or another person is determined by CW as the appropriate, safe, and permanent living situation.

(i) The child was removed from the home for protection from abuse or neglect and the child's parent(s) is unwilling or unable to reduce the risk of abuse or neglect for the child to safely return home.

(ii) The relative, kin, or another person is willing and able to protect the child, assume responsibility for the child's care and upbringing, and assume guardianship of the child.  Permanent placement is usually preceded by temporary placement with the relative, kin, or another person.

(D) Adoption.  An adoptive family is determined by CW as the appropriate, safe, and permanent living situation.

(i) The child was removed from the home for protection from abuse or neglect and the child's parent(s) is unwilling or unable to reduce the risk of abuse or neglect so the child can safely return home.

(ii) One of the conditions in (I) through (V) has or will occur in the near future.

(I) A request is made that the court find that efforts to reunite the child have been made and failed.

(II) A request is submitted to the district attorney recommending a petition be filed to terminate parental rights.

(III) A motion(s) to terminate is pending.

(IV) The parent(s) has relinquished parental rights.

(V) Parental rights are terminated.

(E) Adoption preparation.  An adoptive family is determined by CW as the appropriate, safe, and permanent living situation, and other factors must be addressed.  The child's CW worker immediately changes the plan to adoption when the factors preventing adoption are resolved through progressive casework.

(i) Prior to adoption, other factors must be addressed, including, but not limited to:

(I) any unresolved psychological issues the child has; and

(II) an older child's reluctance to consent to adoption.

(ii) The plan for adoption is strictly related to the behavior of the child and the child's readiness to be in a permanent family setting.

(F) Planned alternative permanent placement.  Continued placement in out-of-home care is determined by CW as the appropriate, safe, and permanent living situation.  This plan is only an option when all other permanent placement options are explored and determined as not feasible or not in the child's best interests.

(G) Emancipation.  Emancipation is used when the child reaches the age of majority.  In Oklahoma, certain rights of majority may be given to a child in certain circumstances, but this is not the purpose of this plan.

2.   Guide for determining feasibility of reunification.  The questions in this Instruction are used as a guide in assessing the potential for successful reunification and as a checklist for determining inhibitors to reunification.

(1) Has the parent(s) demonstrated learning and behavioral change related to the abuse or neglect that caused the intervention?

(2) Does the parent(s) have the ability and interest to provide a safe home for the child?

(3) If the abuse or neglect that precipitated intervention was severe, brutal, or cruel, has the perpetrator made sufficient progress in completing the plan established to address the reason(s) the child came into care, is the perpetrator no longer present in the home, or is the non-offending parent able to protect the child?

(4) If the child has special needs, does the parent(s) have the ability and interest to meet these needs and access community resources, when necessary?

(5) Are there regular visits between the child and the CW worker in which the child's feelings about the child's family and placement are discussed?

(6) Has the child resolved personal issues regarding the abuse or neglect and separation?

(7) Has the perpetrator assumed responsibility for the abuse?

(8) Is the child aware of the parent(s)' progress on the treatment and service plan?

(9) Are there community services, schools, child care centers, neighbors, or relatives who have the knowledge and willingness to report if the situation warrants?

(10) Does the parent(s) keep medical appointments and have an interest in the child's school functioning?

(11) Has parent-child visitation increased in length and frequency in order for the child and CW worker to observe changes in the parent(s)?

(12) Is there healthy, age appropriate communication between the parent(s) and the child?

(13) Do the levels of risk identified on Form 04KI024E, Ongoing Safety Assessment, reflect a decrease compared to the levels of risk identified at removal?

3.   (a) Protocol when a child wants to return home but risk continues.  In some cases the child expresses a strong desire to return home, but the parent(s) has not sufficiently reduced the risk to the child to allow the child to be returned to the home.  In these circumstances the CW worker:

(1) informs the parent(s) of the child's desire to return home;

(2) explains to the parent(s) the consequences of failure to eliminate the risk and complete the treatment and service plan and the child's need for a permanent home;

(3) examines the treatment and service plan and encourages the parent(s)' input to ensure the parent(s)' understanding.  If changes to the plan are required, refer to OAC 340:75-6-40.4;

(4) assesses whether the services are available, realistic, and necessary; and

(5) arranges a consultation with the parent(s), child, if appropriate, CW worker, and key service providers to eliminate confusion or uncertainty for the parent(s).

(b) Protocol when a child is reluctant to return home.  When the parent(s) has corrected the conditions leading to CW intervention but the child is reluctant to return home, the parent(s) is informed of the child's preference and is involved in the resolution, whether through family counseling, consultation with the CW worker, or a gradual reunification process.  This requires involvement of the placement provider, child's counselor, or other service provider to explore the possibility of:

(1) abuse or neglect that has not been disclosed or discovered;

(2) family violence, substance abuse, or conflicts that have not been resolved;

(3) fears about the parent(s)' treatment of the child;

(4) belief that the parent(s), stepparent, or other adults and children in the home feel negatively toward the child;

(5) fear or disapproval of the stepparent or other adults and children involved or living with the parent(s);

(6) concerns that conditions in the home, such as reliable meals, cleanliness, housekeeping conditions, appropriate clothing, and similar necessities, are not available; and

(7) preferential treatment by the parent(s) of other children or persons who are involved with the parent(s).

(c) Trial reunification - OKDHS custody.  When requesting the court's approval for reunification with a parent(s) on Form 04KI009E, Court Report, or Form 04KI014E, the CW worker recommends that the child remain in the custody of Oklahoma Department of Human Services (OKDHS) for six months, to continue the child's Title IV-E eligibility.  If the court authorizes trial reunification and the child remains in OKDHS custody, the CW worker:

(1) end dates the current placement episode with the exit reason of Trial Reunification (TR); and

(2) enters a TR placement episode in KIDS.  The case turns blue in the CW worker's workload prior to the expiration of the TR episode and remains blue until action is taken to either extend or end date the Trial Reunification episode.  If no action is taken, the TR episode and the removal are automatically end dated by KIDS two weeks after the end date of the TR.

(d) Reunification - OKDHS supervision.  If the court returns custody to the parent(s) under the supervision of OKDHS, the CW worker end dates the current KIDS placement episode with the exit reason of Reunification.  The removal episode automatically end dates.

(e) Protocol when a child must be removed from the home while in trial reunification status.

(1) When removal of a child is necessary due to abuse, neglect, or both, the CW worker completes a referral and investigation, per OAC 340:75-3.

(A) When the child is in OKDHS custody, the CW worker completes for the court, prior to or within one working day after the removal of the child, Form 04PP002E, Request for Termination of Trial Reunification, with the reasons trial reunification must be terminated.

(i) The CW worker requests an ex parte order authorizing OKDHS to terminate the trial reunification and offers to the court Form 04PP003E, Order Terminating Trial Reunification.  Form 04PP003E is utilized at the court's discretion.

(ii) The court's authorization is required for continued eligibility for Title IV-E funding.  The CW worker provides to the custody specialist within five calendar days of the child's removal a copy of the Order Terminating Trial Reunification.

(B) When the child is not in OKDHS custody or the trial reunification went beyond the six months without a court order that contained the required language extending the trial reunification, the CW worker completes Form 04PP002E with the reasons the child must be removed from the home.

(i) The CW worker presents Form 04PP002E to the district attorney (DA) who prepares an application for an emergency custody order.

(ii) The DA obtains an emergency custody order with judicial findings of "contrary to the welfare" and "reasonable efforts to prevent removal."

(2) Title IV-E redetermination.  After the child is removed from the home, Title IV-E eligibility is redetermined, per OAC 340:75-13-15.

(f) Addressing concerns identified during trial reunification.  Prior to the end of the first six months, if the reunification process appears marginal but may improve with additional or continued services, the CW worker:

(1) requests a court order authorizing trial reunification for a specified period of time and the continuance of the child in OKDHS custody; and

(2) depending on the court order:

(A) updates the KIDS Trial Reunification placement episode with the new projected reunification date, when the court order authorizes trial reunification for a specified period of time and that the child remain in OKDHS custody; or

(B) end dates the KIDS placement episode with the exit reason of Reunification, when the court order returns legal custody to the parent(s) or the court order does not contain the required language.

(g) Protocol when trial reunification - OKDHS custody is successful.  If, at the end of the first six months, the reunification process appears successful, the CW worker asks the court to return legal custody to the parent(s) and relieve OKDHS of legal custody and supervision.  The CW worker:

(1) when OKDHS is relieved of legal custody, supervision, or both, end dates the KIDS Trial Reunification episode with the exit reason of Reunification and closes the CW case.  The removal episode automatically end dates; or

(2) when the court orders OKDHS to continue custody, supervision, or both, follows the contact requirements outlined in OAC 340:75-6-48.