Revised 12-15-11
1. Initiation of the individualized service plan (ISP). The ISP:
(1) is initiated as soon as the parent 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, whichever comes first, so services may begin to correct the conditions that created the child safety threats;
(2) addresses the behaviors and conditions the parent, legal guardian, legal custodian, stepparent, or other adult person living in the home must change to alleviate the safety threats to the child and the conditions of deprivation set out in the petition; and
(3) lists all risk-related needs and safety threats. The allegations in the deprived petition are the safety threats that must be addressed.
2. Parent or legal guardian individualized service plan (ISP). The Child Welfare (CW) specialist and family develop the initial Form 04KI012E, Individualized Service Plan (ISP), after Form 04KI028E, Family Functional Assessment, is completed.
(1) Form 04KI013E, Individualized Service Plan (ISP) Dispositional Report, is furnished to the court within 30 days after the adjudication of the child as a deprived child or earlier when ordered by the court.
(2) Prior to the adjudication hearing, the ISP is initiated with the parent on a voluntary basis.
(3) The ISP includes documentation, when applicable, that the parent is unwilling to participate in the development or implementation of the plan.
(4) Refer to OAC 340:75-6-40.4(a) through (d) for ISP required information.
(5) An ISP is not required for the parent or legal guardian when:
(A) a request for immediate termination of parental rights or guardianship is filed; or
(B) the court finds efforts to reunite are not required.
3. Age-appropriate child. Participation or input from the parent, legal guardian, child, when appropriate, child's attorney, and when applicable, the child's tribe, and guardian ad litem is utilized in the development of the ISP. An age-appropriate child is:
(1) ten years of age or older with the exception of a child with severe developmental disabilities; or
(2) a child younger than ten years of age who is intellectually capable of understanding and communicating ideas and opinions concerning the development and completion of the plan.
4. Estimated completion dates. Each ISP has an estimated completion date. The parent's ISP estimated completion date is not changed when adequate time is given to the parent and the parent fails to complete the plan. The parent is informed:
(1) services have time constraints due to statutory requirements;
(2) of the psychological and emotional harm that may occur to the child in out-of-home placement; and
(3) the child, when age appropriate, is advised of the parent's progress on the ISP.
5. Modification of ISP at dispositional hearing.
(1) The individualized service plan is recommended to the court by the CW specialist at the first dispositional hearing on Form 04KI013E, Individualized Service Plan (ISP) Dispositional Report.
(2) Per Section 1-4-704 of Title 10A of the Oklahoma Statutes, when any part of the plan is disputed or not approved by the court, an evidentiary hearing may be held and at its conclusion, the court determines the content of the ISP in accordance with the evidence and the best interests of the child.
(3) The ISP is revised after the first dispositional hearing to conform to the court's dispositional order.
6. ISP signatures and distribution.
(1) Form 04KI013E is signed prior to submission to the court by the:
(A) parent;
(B) child, when age appropriate;
(C) CW specialist; and
(D) CW supervisor.
(2) Form 04KI013E, after modification by the court, if any, is:
(A) incorporated and made a part of the dispositional order;
(B) revised by OKDHS; and
(C) signed by and distributed to:
(i) the parent, legal guardian, or custodian of the child;
(ii) the attorney for the parent, legal guardian, or custodian of the child;
(iii) the child's attorney;
(iv) the guardian ad litem of the child, who may be a court-appointed special advocate, when applicable;
(v) the Indian Child Welfare worker, when applicable;
(vi) the child, when possible; and
(vii) the CW specialist.
7. Updating the ISP. The ISP is updated by utilizing Form 04KI014E, Individualized Service Plan (ISP) Progress Report, and is:
(1) used to document the parent's progress toward completion of the ISP every six months or prior to every review and dispositional hearing, whichever is earlier; and
(2) submitted to the court three judicial days prior to the hearing unless the court of jurisdiction requires a different submission requirement.
8. Permanency ISP.
(1) The CW specialist develops a permanency ISP addressing permanency for the child when a determination is made that:
(A) return of the child to the child's own home is no longer the permanency plan;
(B) reasonable efforts have been made and failed or are not required per a finding by the court; or
(C) a petition or motion for termination of parental rights has been or will be filed.
(2) The permanency ISP is developed with participation or input from the:
(A) placement provider;
(B) child, when age appropriate;
(C) child's attorney;
(D) Indian Child Welfare worker, when applicable; and
(E) child's guardian ad litem, when applicable.
(3) When the child is in OKDHS permanent custody, the permanency ISP is updated as necessary and used as the basis for completing Form 04KI014E, Individualized Service Plan (ISP) Progress Report.
(4) When the permanency plan for the child is adoption or other permanent placement, the permanency ISP is updated and the information is provided to the court on Form 04KI014E regarding child-specific recruitment efforts such as:
(A) relative searches conducted; and
(B) the use of state, regional, and national adoption exchanges, including electronic exchange systems to facilitate timely and orderly in-state and interstate placements.
(5) The permanency ISP and Form 04KI014E documents the steps OKDHS takes to:
(A) find an adoptive family or other permanent living arrangement for the child;
(B) place the child:
(i) with an adoptive family;
(ii) with a fit and willing kinship relation;
(iii) with a permanent guardian; or
(iv) in another planned permanent living arrangement; and
(C) finalize the adoption, permanent guardianship, or other permanent placement.
(6) OKDHS recommends the permanency plan and, when applicable, the concurrent permanency plan. The use of Form 04MP040E, Progressive Safe Permanency Tool, assists to determine poor prognosis indicators during the safety analysis, functional assessment, and through ongoing work with the family. OKDHS recommends the permanency plan to the court and requests the court make a judicial finding regarding "reasonable efforts."
(A) The recommendation for the permanency plan and recommendation for the judicial finding must be consistent.
(i) 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.
(ii) The permanency plan is updated to be consistent with the modified recommendation to the court. Inconsistency between the judicial finding and the permanency plan occurs when the CW specialist requests the court enter a finding that reasonable efforts have failed, but the permanency plan is Return to Own Home.
(B) The CW specialist's recommendation regarding the permanency plan is based on the child's best interests, not on the expected response or receptivity of the court or others.
9. Child support. The parent or legal guardian's obligation to assist with the financial support of the child is addressed in the parent or legal guardian's ISP.
(1) When the court has not addressed child support, the CW specialist recommends child support be court-ordered, per OAC 340:75-13-26.
(2) When child support is court-ordered and the parent fails to comply, the CW specialist recommends the court address the matter with the parent.
(3) The amount of financial support is based on the child support guidelines, per 43 O.S. § 118 and 119, that the court follows when entering a child support order for each parent in a deprived court action. The court may deviate from the child support guidelines when it is determined necessary for the parent to meet the obligations of a court-imposed individualized service plan or for other reasons as the court deems appropriate.
(4) The child support computation form is completed by the court, parent or legal guardian, or legal custodian's attorney, or may be referred to Oklahoma Child Support Services (OCSS) for completion. Upon a judge's signature, the computation form is incorporated as a part of the child support order enforced by OCSS.
10. Court-ordered ISP modified only by court order.
(1) A court-ordered ISP or portion of an ISP may be modified only by further order of the court.
(2) Court-ordered ISP modifications are based on changing circumstances or other conditions causing the plan to be inconsistent with the health, safety, or welfare of the child.
(3) OKDHS recommended changes to the ISP are developed with the parent and child, as appropriate, and recommended to the court at the next hearing.
(4) The placement provider is informed of any change that affects the child's care.
(5) Changes are recommended by OKDHS when one of the circumstances in (A) through (C) exists.
(A) New allegations of abuse or neglect are adjudicated as a result of a post-adjudication or new petition.
(B) Discovery is made of additional underlying causes, such as substance abuse that requires treatment.
(C) An additional adult, such as the mother's new husband, becomes a part of the family home.
(6) When the court orders modification of the ISP, the plan is revised by OKDHS to include the modified requirements.
(7) The parent is informed of the court-ordered modifications and provided a copy of the modified ISP.
11. Minor parent in OKDHS custody who has a child in care. An ISP is developed with a minor parent in OKDHS custody, who has a child in OKDHS care, whether or not the minor's child is in OKDHS custody. Services are identified and provided to assist the minor parent in OKDHS custody with parenting his or her child, per OAC 340:75-6-85.6.
(1) When a child is born to a minor parent who is in OKDHS custody, the minor's child is placed in the same placement as the minor parent, when possible, and the placement is considered the child's own home.
(2) When voluntary placement is determined appropriate and is requested by the minor parent, the CW specialist:
(A) sends a written request to the CW supervisor detailing the plan and length of care. The CW supervisor approves or denies the request in writing and the documents are filed in the paper case record;
(B) provides the minor parent with Form 04FC007E, Authorization from Parent or Guardian for Voluntary Foster Home Placement and Medical Care of Child, for signature;
(C) opens a voluntary foster care case in KIDS. The minor parent in custody is designated the parent. The placement episode for the child is entered in the voluntary foster care case, but not in the permanency planning case of the minor parent in custody; and
(D) develops an ISP that addresses:
(i) safety and protection of the child without court intervention;
(ii) the role and responsibility of the placement provider;
(iii) appropriate child care plans while the minor parent is attending school, working, or involved in extracurricular activities; and
(iv) measures for ensuring the child's basics needs are met.