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340:75-6-40.4. Treatment Plan and Individualized Service Plan

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Revised 6-1-07

(a) Family plan. The Child Welfare (CW) worker and family develop the initial treatment and service plan, Form 04KI012E, Individualized Service Plan (ISP), after the strengths and needs assessment is completed and prior to the dispositional hearing. • 1

Participation or input from the parent(s), legal guardian, placement provider, child, if appropriate, child's attorney, and guardian ad litem, if applicable, are also utilized in the development of the plan. An age appropriate child, regardless of legal status, participates, if feasible. • 2

The plan:

(1) is initiated as soon as a family is willing to begin the process. A plan is developed prior to the dispositional hearing or no later than 60 days from the child's removal or the filing of the petition regardless of the status of the case in court in order that services to correct conditions that created the risk to the child may begin. The plan is filed with the court prior to the dispositional hearing or no later than 30 days after adjudication if the dispositional hearing has not been held;

(2) addresses the conditions the parent(s), legal guardian, legal custodian, stepparent, or other adult person living in the home must change in order to alleviate the risks to the child and the conditions of deprivation set out in the petition;

(3) is individualized and specific to each child and parent with specified time frames; • 3

(4) contains all of the risk related needs and safety issues in order to prevent the return of the child to an unsafe home. The allegations in the deprived petition are the risk factors that must be addressed.

(A) Risk factors that relate to those identified in the petition may also be included in the plan, for example, neglect is alleged in the petition but the basis for the neglect is substance abuse.

(B) The parent's improvement on identified non-risk related needs is not used as a basis for recommending reunification unless the parent has made significant progress on the risk related needs;

(5) is recommended to the court by the CW worker at the first dispositional hearing on Form 04KI013E, Individualized Service Plan (ISP) Dispositional Report. Prior to the dispositional hearing, the plan is initiated with the parent(s) on a voluntary basis;

(6) is revised after the first dispositional hearing to conform to the court's order;

(7) is updated by utilizing Form 04KI008E, Treatment Plan, or Form 04KI014E, Individualized Service Plan (ISP) Progress Report, when Form 04KI012E is used to develop the initial plan, to document the parent(s)' progress toward completion every six months or prior to every review and dispositional hearing, whichever is earlier, and submitted to the court three days prior to the hearing;

(8) when Form 04KI008E is used and submitted for review hearings, is signed by the parent(s), age appropriate child, CW worker, and CW supervisor and a copy is provided to the designated persons; • 1 & 2

(9) in accordance with Section 7003-5.3 of Title 10 of the Oklahoma Statutes (10 O.S. § 7003-5.3), includes this statement: TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. ITS PURPOSE IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE HOME WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. IF YOU ARE UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE HOME, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU;

(10) is written by the CW worker in simple and clear language that is understood by the parent(s) or the persons for whom the plan is intended. If the person does not read or understand English, the plan must be translated to the person's principal language, per 10 O.S. § 7003-5.3;

(11) is provided to the child's attorney, guardian ad litem, placement provider, and parent(s) after it is approved by the court;

(12) includes the permanency plan for the child and an explanation for this plan; • 4

(13) specifically provides for the safety of the child, in accordance with state and federal law, and clearly defines what actions or precautions are necessary to provide for the safety and protection of the child;

(14) includes a description of any visitation rights and addresses the parent(s)' obligation to assist in the financial support of the child.

(A) The amount of financial support is based on the child support guidelines, per 43 O.S. § 118 and 119, that the court must follow when entering a child support order in a deprived court action.

(B) The child support order is filed as a separate document from the plan and a child support computation form is attached, per 10 O.S. § 7003-8.8; and • 5

(15) includes documentation, when applicable, that the parent(s) is unwilling to participate in the development or implementation of the plan.

(b) Child only plan.

(1) When the CW worker determines that return to own home is no longer the permanency plan, the court determines that reasonable efforts have been made and failed or are not required, or a Petition for Termination is filed or rights of the parent(s) are terminated, the CW worker develops a plan that addresses the permanency plan for the child. Participation or input from the placement provider, child, if age appropriate, child's attorney, and guardian ad litem, if applicable, are utilized in the development of this plan. If the child, age 12 years or younger, is unable to sign, the placement provider signs for the child.

(2) When the permanency plan for the child is adoption or other permanent placement, information is provided in the plan regarding child-specific recruitment efforts such as the use of state, regional, and national adoption exchanges, including electronic exchange systems to facilitate timely and orderly in-state and interstate placements. The plan documents the steps the Oklahoma Department of Human Services (OKDHS) takes to:

(A) find an adoptive family or other permanent living arrangement for the child;

(B) place the child with an adoptive family, a fit and willing kinship relation, legal guardian, kinship guardian, or in another planned permanent living arrangement; and

(c) Independent living plan. Federal law requires the initiation of an individualized independent living (IL) plan with every child in the custody of OKDHS and out‑of‑home placement upon reaching the age of 16 years, per Part 13 of OAC 340:75‑6.

(d) Revisions to the plan. A court-ordered plan or portion of a plan may not be changed except by further order of the court. All changes to the plan are developed with the family and child, as appropriate, and recommended to the court at the next hearing. The placement provider is informed of any change that impacts the child's care. Changes are made when one of the circumstances in (1) through (4) exists.

(1) Abuse or neglect allegations. When new allegations of abuse or neglect are confirmed and result in an amended or new petition, a request is made to the district attorney for an accelerated hearing to consider the revisions.

(2) Underlying causes. Discovery is made of additional underlying causes, such as substance abuse, that require treatment.

(3) New adult in the household. An additional adult, such as the mother's new husband, becomes a part of the family home.

(4) Court-ordered standards. When the court orders modification of the plan, the plan is revised to include the new standards ordered by the court. The parent(s) is informed of the additions and provided a copy of the new plan.

(e) More than one plan for the child and family. There are some circumstances in which more than one plan is necessary. For example, if the child's parents are living separately with separate families and both are involved with the child in OKDHS custody either as the custodial parent with whom reunification is the permanency plan, or the noncustodial parent who has visitation through the divorce court, a plan for each family is appropriate.

(f) Child in custody who is a parent. A plan is developed with a child in OKDHS custody who is the parent of a child in OKDHS care, regardless whether the younger child is in OKDHS custody. Services are identified and provided to assist the child in OKDHS custody in parenting his or her child, per OAC 340:75-6-85.6.

(g) Substance abuse treatment. 10 O.S. § 7003-5.3 specifies that when a child who at birth tested positive for alcohol or a controlled dangerous substance and was determined at risk for future exposure to these substances, was removed from the home, the plan, subject to court approval, may require:

(1) the mother of such child to complete a treatment program approved by the Alcohol and Drug Abuse Prevention, Training, Treatment and Rehabilitation Authority prior to the child's return home;

(2) the father, legal guardian, legal custodian, stepparent of the child, or other adult person living in the home, who is an alcohol or drug-dependent person, as defined by 43A O.S. § 3-403, and whose conduct contributed to the child's or mother's dependency on alcohol or drugs or to the conditions that caused the deprived adjudication of the child, complete a treatment program approved by the Alcohol and Drug Abuse Prevention, Training, Treatment and Rehabilitation Authority prior to the child's return to the safe home; or

(3) monthly testing for substance abuse of the mother, father, legal guardian, legal custodian, stepparent, or other adult person living in the home, for a 12-month period after completing the substance abuse program and the child's return home. A positive test must be presented to OKDHS and the district attorney. Testing ordered by the court is admissible only for the purpose of juvenile and custody proceedings.

INSTRUCTIONS TO STAFF 340:75-6-40.4

Revised 6-1-07

1. Forms 04KI008E and 04KI012E. The information that is included in either Form 04KI008E, Treatment Plan, or Form 04KI012E, Individualized Service Plan (ISP), is outlined in the forms instructions prepared for each form. These instructions are located on the Oklahoma Department of Human Services (OKDHS) InfoNet under Forms.

2. Age appropriate child. An age appropriate child is age ten or older with the exception of a child with severe developmental disabilities or a child younger than age ten who is intellectually capable of understanding and communicating ideas and opinions concerning the development and completion of the plan.

3. Estimated completion dates. Every plan has an overall estimated completion date. For a family plan, the estimated completion date is not changed when adequate time is given to the parent(s) and the parent(s) fails to complete the plan. The parent(s) is:

(1) informed that services have time constraints due to statutory requirements and of the psychological and emotional harm that may occur to the child in out-of-home placement; and

(2) advised that the child, if age appropriate, is made aware of the parent(s)' progress on the plan.

4. Permanency plan. OKDHS recommends the permanency plan and concurrent permanency plan. OKDHS recommends the permanency plan in order for the court to make a judicial finding regarding "reasonable efforts."

(1) The recommendation for the permanency plan and recommendation for the judicial finding must be consistent.

(A) When OKDHS recommends the court modify the judicial finding, the recommended modification and a concise explanation supporting the reason for the modification is provided in the Recommendations section of Form 04KI009E, Court Report, and Form 04KI014E, Individualized Service Plan (ISP) Progress Report, as applicable.

(B) The permanency plan is updated to be consistent with the modified recommendation to the court. An example of inconsistency between the judicial finding and the permanency plan is when the Child Welfare (CW) worker requests the court enter a finding that reasonable efforts have failed but the permanency plan is Return to Own Home.

(2) The CW worker's recommendation regarding the permanency plan is based on the child's best interests, not on the expected response or receptivity of the court.

5. Child support. When the court has not addressed child support, the CW worker recommends child support be court-ordered, per OAC 340:75‑13‑26. When child support is court-ordered and the parent fails to comply, the CW worker recommends the court address this matter with the parent.

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