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OKDHS Home > Library > Policy > OAC 340 > Chapter 75. Child Welfare > 6. Permanency Planning > 40.5. Court reports
340:75-6-40.5. Court reports
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• 1 through 9

 

Revised 3-26-10

 

 

(a) Review by the court.  Per Section 1-4-807 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-807) each case regarding a child alleged or adjudicated deprived is reviewed by the court:

  • (1) at a hearing no later than six months from the date of the child's removal from the home and at least once every six months thereafter until permanency is achieved or the court otherwise terminates jurisdiction;
  • (2) when Oklahoma Department of Human Services (OKDHS) documents a compelling reason why a petition to terminate parental rights to a child is not in the best interests of the child, based upon consideration that the child is presently not capable of functioning in a family setting.  The court reevaluates the status of the child every 90 days until there is a final determination the child cannot be placed in a family setting;
  • (3) Per 10A O.S. 1-4-811, permanency hearings are held to determine the appropriate permanency goal for the child and to order completion of all steps necessary to finalize the permanent plan.  A permanency hearing may be held concurrently with a dispositional or review hearing.  The hearing is held no later than:
    • (A) six months after placing the child in out-of-home placement and every six months thereafter.  A child is considered to have entered out-of-home placement on the earlier of the:
    • (B) adjudication date; or
    • (C) date that is 60 days after the date the child is removed from the home; and
  • (4) thirty days after a determination by the court that reasonable efforts to return a child to either parent are not required.
  • (5) A permanency hearing may be held concurrently with a dispositional or review hearing.

(b) Purpose of review or permanency hearing reports.  Court reports are a component of the case plan.  Progress review reports are based in part on OKDHS talking with and observing the family, talking with other key case participants, and reviewing progress reports from service providers.  The information gathered is reported to the court for evaluation of the efficacy of the individualized service plan and as a means for recommending changes needed as family service and intervention needs change as families make progress or face setbacks.  • 1 & 2

(c) Review hearing report requirements.  OKDHS prepares for each review hearing a written report concerning each child who is the subject of the review per 10A O.S. § 1-4-808.  The report includes, but is not limited to:

  • (1) a summary of the physical, mental, and emotional condition of the child, the conditions existing in the out-of-home placement where the child has been placed, and the adjustment of the child thereto;
  • (2) a report on the progress of the child in school and, if the child has been placed outside the child's home, the visitation exercised by the parents of the child or other persons authorized by the court;
  • (3) services being provided to a child 16 years of age or older to assist in the transition from out-of-home care or other community placement to independent living;
  • (4) description of:
    • (A) progress on the part of the parent(s) to correct the conditions which caused the child to be adjudicated deprived;
    • (B) changes that still need to occur and the specific actions the parent(s) would take to make the changes; and
    • (C) services and assistance that have been offered or provided to the parent(s) since the previous hearing and the services which are needed in the future;
  • (5) description of the placements of the child by number and type with dates of entry and exit, reasons for the placement or change in placement, and a statement about the success or lack of success of each placement;
  • (6) efforts by OKDHS to locate the parents and involve them in the planning for the child if the parents are not currently communicating with OKDHS;
  • (7) compliance by OKDHS, as applicable, and the parent with the court's orders concerning the individualized service plans, previous court orders, and OKDHS recommendations;
  • (8) whether the current placement is appropriate for the child, its distance from the home of the child, and whether it is the least restrictive, most family-like placement available;
  • (9) a proposed timetable for the return of the child to the home or other permanent placement;
  • (10) specific recommendations, giving reasons whether:
    • (A) trial reunification should be approved by the court;
    • (B) trial reunification should be continued to a date certain as specified by the court;
    • (C) the child should remain in or be placed outside of the home of the parent or legal guardian of the child; or
    • (D) the child should remain in the current placement when the permanency plan is other than reunification with the parent or legal guardian of the child; and
  • (11) a plan for ensuring the educational stability of the child while in out-of-home placement, including:
    • (A) assurances the placement of the child considers the appropriateness of the current educational setting and the proximity to the school in which the child was enrolled at the time of placement; and
    • (B) where appropriate, an assurance that OKDHS has coordinated with appropriate local educational agencies to ensure the child remains in the school in which the child was enrolled at the time of placement; or
    • (C) if remaining in the school in which the child was enrolled at the time of placement is not in the best interests of the child, assurances by OKDHS and the local educational agencies to provide immediate and appropriate enrollment in a new school with all of the educational records of the child provided to the school.

(d) Social records.  Social records are defined by Section 1-6-101 of Title 10A of the Oklahoma Statutes to mean, "family social histories, medical reports, psychological and psychiatric evaluations or assessments, clinical or other treatment reports, educational records, or home studies, even if attached to court reports prepared by the Department."  These records are submitted to the court but are not filed in the court file unless ordered by the court.  If filed in the court file, the social records are placed in confidential envelopes in the court file by the court clerk and may only be accessed by the person who is the subject of the records, or the attorney for such person, except as provided by Section 1-6-103 of Title 10A of the Oklahoma Statutes.  • 6

 

INSTRUCTIONS TO STAFF 340:75-6-40.5

 

Revised 12-15-11

 

1.   Hearing report forms.

(1) Hearing report forms are prepared and submitted according to judicial procedure in the county of jurisdiction but no later than three judicial days prior to each hearing.

(2) A copy of the hearing report form is provided to and discussed with the child's parent.

(3) Reports, correspondence, and information provided by other professionals working with the family, including the foster parent, are incorporated into the applicable report to the court.

(4) All service provider progress reports and critical incident reports are submitted to the court, district attorney, attorney or attorneys representing the parents, child's attorney and, when applicable guardian ad litem and the relevant tribe or tribes.

(5) Refer to OAC 340:75-6-40.5(c) for information statutorily required in review reports.

(A) Form 04KI011E, Preadjudication Court Report, is submitted for any court hearing prior to the child's adjudication.

(B) Form 04KI013E, Individualized Service Plan (ISP) Dispositional Report, is submitted for the initial disposition hearing.

(C) Form 04KI014E, Individualized Service Plan (ISP) Progress Report, is submitted for review and permanency hearings.

(D) A letter or template developed by the CW specialist and saved in the KIDS file cabinet, may be submitted to the court when:

(i) review or permanency hearings are held according to statutory requirements and a hearing has been set to address a specific issue; or

(ii) a report is required for a mental health hearing.

2.   Permanency hearing reports.  Per Section 1-4-811 of Title 10A of the Oklahoma Statutes, at the permanency hearing, the court determines or reviews the continued appropriateness of the child's permanency plan and whether a change in the plan is necessary.  The permanency report includes, but is not limited to:

(1) the date the goal of permanency for the child is scheduled to be achieved;

(2) whether the child's current placement continues to be the most suitable for the health, safety, and welfare of the child;

(3) the independent living plan when the child is 16 years of age or older;

(4) a recommendation for:

(A) reunification with the parent or child's legal guardian when:

(i) reunification is expected to occur within an established time period;

(ii) reunification is consistent with the child's developmental needs; and

(iii) the health and safety of the child can be adequately safeguarded if the child is returned home;

(B) placement for adoption after termination of parental rights or after a petition is filed to terminate parental rights;

(C) placement with a person who will become the child's permanent guardian and who can adequately and appropriately safeguard the health, safety, and welfare of the child; or

(D) a planned permanent living arrangement while the child continues in OKDHS custody, provided there are compelling reasons documented by OKDHS and presented to the court that none of the plans in (A) though (C) of this paragraph is appropriate for the health, safety, and welfare of the child.

(5) whether OKDHS has made reasonable efforts to finalize the child's permanency plan and a summary of the efforts made by OKDHS; or, in the case of an Indian child, whether OKDHS has made active efforts to provide remedial services and rehabilitative programs as required by Section 1912(d) of Title 25 of the United States Code;

(6) whether the child's out-of-home placement continues to be appropriate and in the best interests of the child, when the child's permanency plan is to remain in out-of-home care;

(7) whether reasonable efforts, in accordance with the safety or well-being of the child, have been made to:

(A) place siblings, who have been removed, together in the same foster care, guardianship, or adoptive placement; and

(B) provide for frequent visitation or other ongoing interaction in the case of siblings who have been removed and who are not placed together.

3.   OKDHS recommendations.  The CW specialist makes a recommendation regarding disposition of the child's case on every Form 04KI011E, 04KI009E, 04KI013E, or 04KI014E.  This recommendation includes, but is not limited to:

(1) the child's custody arrangement;

(2) the child's legal status; and

(3) requests for court action or approval.

(A) The recommendation regarding case disposition is:

(i) made after consultation with the CW supervisor;

(ii) based on the parent's progress and child's need for permanency; and

(iii)  not based on the anticipated response or receptivity of the court.

(B) A concise explanation is provided to support the reasons for the recommendation.

4.   Recommended findings.  At each dispositional or review hearing, the court makes findings based on the circumstances of the case.  The recommended findings in KIDS and documentation that is required on Form 04KI011E, 04KI009E, 04KI013E, or 04KI014E for the judicial finding are described in (A) through (E).

(1) Active efforts are being made to reunite the child with his or her family.  The active efforts finding is used when the court makes a finding that the Indian Child Welfare Act (ICWA) applies. The CW specialist describes the active efforts made by OKDHS to reunite the child and family including, but not limited to efforts made to:

(A) involve and assist the parent with completing the individualized service plan;

(B) encourage and assist the parent with visiting the child; or

(C) encourage and guide the parent's efforts to improve protective capacities and change the behaviors that caused safety threats to the child.

(2) Reasonable efforts have been made to finalize the permanency plan. The CW specialist describes efforts to:

(A) refer to, arrange for, provide, or develop reasonable supportive and rehabilitative services that assist the family in the safe reunification of the child;

(B) obtain the parent's compliance, when the parent is not complying with the individualized service or permanency plan; or

(C) finalize the child's permanency plan, including the consideration of in-state and out-of-state placement options.

(3) Reasonable efforts to reunite the child with the family are not required. The CW specialist describes the reasons reasonable efforts should not be required to reunite the child with the parent and family based on the statutorily defined reasons, per 10A O.S. § 1-4-809 and OAC 340:75-1-18.4.

(4) Independent living (IL) services are appropriate.  The CW specialist describes the services provided to the youth, 16 years of age or older who is in out-of-home care, that assist in the development of IL skills needed to successfully transition into adulthood.

(5) Independent living (IL) services are not appropriate.  When a youth, 16 years of age or older who is in out-of-home care, is not capable of receiving IL services, the CW specialist describes the basis for the determination.

5.   Child's situation.  When completing information for the Children's Situation section of the report to the court, the CW specialist does not:

(1) identify the placement provider by proper name, but refers to the provider by title such as, relative, foster parent, or trial adoptive parent;

(2) reveal the placement provider's address, phone number, or county of residence; and

(3) provide the name or location of the school the child attends.

6.   Psychological evaluation, drug or alcohol testing, treatment or referral attachments.  Upon receipt of an attachment related to a psychological evaluation, drug or alcohol testing, treatment or referral, the CW specialist:

(1) does not attach to the progress report the entire psychological evaluation, drug or alcohol testing, treatment or referral that contains the statement: "This information has been disclosed to you from records protected by federal confidentiality rules (42 Code of Federal Regulations (CFR) Part 2).  The federal rules prohibit you from making further disclosure of this information unless further disclosure is expressly permitted by the written consent of the person to whom it pertains or as otherwise permitted by 42 CFR Part 2.  A general authorization for the release of medical or other information is NOT sufficient for this purpose.  The federal rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patient";

(2) states in the progress report that the evaluation, testing, or treatment has occurred;

(3) attaches a copy of the recommendations page from the psychological evaluation drug or alcohol testing, treatment or referral, when applicable;

(4) requests the parent sign a release of information with the provider when the court requires the entire report that complies with 42 CFR Part 2 that designates the persons entitled to have the information, including, but not limited to:

(A) the court;

(B) the district attorney;

(C) the child's attorney;

(D) the parent's attorney; and

(E) OKDHS;

(5) requests the provider supply copies to only the persons designated on the release; and

(6) requests the court's copy be filed under seal so the persons who have statutory access to the legal record, but were not included in the release, may not access the sealed information.

7.   Protocol for multiple county assignments.

(1) The CW county of jurisdiction specialist emails all assigned CW specialists and supervisors, with the exception of facility liaisons, no later than two weeks prior to the court review and includes:

(A) the date of the court review;

(B) notification of opening the KIDS court report; and

(C) a request that each assigned specialist enter all applicable information by a specified date, including, but not limited to:

(i) a recommendation regarding the child's permanency;

(ii) services required; and

(iii) visitation issues.

(2) When there is disagreement regarding case-related issues, the CW specialist not in agreement consults with his or her supervisor and necessary action is determined via:

(A) teleconference; or

(B) face-to-face staffing among all assigned CW staff.

(3) Pertinent information entered in the court report is not changed without notification to the CW specialist who entered the information.

8.   Documentation of court hearings.  The CW county of jurisdiction specialist enters complete, detailed information in the applicable KIDS Court Hearing screens no later than 15 days after a court hearing is held.

9.   Court hearing documentation and notification protocol for multiple county assignments.  The CW county of jurisdiction specialist:

(1) emails all assigned CW specialists and supervisors no later than one business day after a court hearing is held and reports:

(A) any major changes regarding visitation, custody status, placement decisions, or service provisions; and

(B) the date of the next court hearing; and

(2) provides a copy of the most recent court order to the CW county of service or placement specialist within two business days of receipt.
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Last Updated:  12/15/2011
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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