OKDHS - OAC 340:75-6-44. Case planning for heinous and shocking cases or reasonable efforts not required

340:75-6-44. Case planning for heinous and shocking cases or reasonable efforts not required

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Revised 3-26-10

(a) Heinous and shocking findings.

(1) Per Section 1-4-809 of Title 10A of the Oklahoma Statutes (O.S. § 1-4-809), at any time prior to or following the adjudicatory hearing the court, on its own motion or upon the motion of a party, may find that reasonable efforts to prevent the removal of a child from home or to reunify the child and family are not required if the court determines, based upon a preponderance of the evidence, that a parent or legal guardian subjected any child to aggravated circumstances including, but not limited to:
- (A) a parent or legal guardian, of the child, who is an infant age 12 months or younger, has abandoned the child;
- (B) a parent or legal guardian of the child has:
  - (i) committed murder or manslaughter of any child;
  - (ii) aided or abetted, attempted, conspired, or solicited to commit voluntary manslaughter of any child;
  - (iii) committed a felony assault upon any child that resulted in the child receiving serious bodily injury; or
  - (iv) subjected any child to aggravated circumstances including, but not limited to, heinous and shocking abuse, or heinous and shocking neglect; or
(2) the parental rights of a parent to the child's sibling have been terminated involuntarily.
- (A) A permanency hearing is conducted within 30 days of a determination by the court that this condition exists.
- (B) Reasonable efforts are made to place the child in a timely manner in accordance with the permanency plan.
(3) Per 10A O.S. § 1-4-904, a court may terminate parental rights of a parent to a child if a finding is made that a parent has abused or neglected the child or a sibling of the child or failed to protect the child or a sibling of the child from abuse or neglect that is heinous and shocking.

(b) Permanency planning for cases with heinous and shocking findings. When the district attorney files a petition or motion to terminate parental rights based on heinous and shocking abuse or neglect or the court makes a finding that reasonable efforts are not required to reunify the child and family, efforts begin immediately to secure an alternative permanent home for the child. • 1 through 4

INSTRUCTIONS TO STAFF 340:75-6-44

Issued 3-26-10

1. Heinous and shocking abuse or heinous and shocking neglect is defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-105) and OAC 340:75-3-2.

2. (a) Continued contact with parents. When a finding that reasonable efforts to reunify the child and family are not required or the district attorney (DA) has filed a petition or motion for termination of parental rights, the Child Welfare (CW) worker continues contact with the parent(s) per OAC 340:75-6-48. The purpose of the contacts differs from contacts where the permanency plan is reunification and primarily focuses on advising the parent(s) of his or her rights, roles, and responsibilities and status of the case.

(b) Visitation. Visitation between the child and parent(s) is considered on a case-by-case basis. Decisions to suspend or terminate visitation prior to adjudication on the motion to terminate or the permanency hearing are made only with a court order.

3. Child only individualized service plan (ISP) and family functional assessment. A family functional assessment is conducted to determine the child's individual needs when a finding has been made that reasonable efforts to reunify the child and family are not required or when the DA has filed a petition or motion for termination of parental rights. The individualized service plan needs are written as conditions to be met to successfully complete the child's permanency plan.

(1) The family functional assessment is conducted with the family to gather information to assist in appropriate permanency planning.

(2) An individualized service plan for the parent or legal guardian is not developed when the child's permanency plan goal is other than reunification.

(3) Form ODH 347, Medical and Social History Report for Adoption, is completed to obtain the medical, health, and social history of the child and the child's family for the permanent record.

4. Relative placement. Relative placements are used with caution in cases of severe maltreatment. The risk of parental contact jeopardizing the child's safety throughout childhood and the possibility of a history of abuse within the family structure is carefully examined.

(1) The CW worker carefully weighs the child's need for connection with his or her biological family and for a committed, safe, and healthy home.

(2) The child's age is a factor in making placement decisions. For example, an older child who has a close bond with a relative may benefit, while a younger child, particularly an infant, may be better served in a non-relative adoptive home.

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