INSTRUCTIONS TO STAFF 340:75-6-45
Revised 3-26-10
1. (a) Contact with incarcerated parents. When a child in the custody of the Oklahoma Department of Human Services (OKDHS) has an incarcerated parent(s), the Child Welfare (CW) county of jurisdiction worker has phone or face-to-face contact with the parent(s) no later than 30 days from the child's removal. This contact is arranged through the parent's correctional case manager. If the name of the assigned case manager is unknown, the CW worker contacts the Records Department at the correctional facility.
(b) Assessing the incarcerated parent. The CW county of jurisdiction worker completes Form 04KI028E, Family Functional Assessment, with the incarcerated parent in the time frame required by OAC 340:75-6-40.3. If the parent is incarcerated in a county other than the county of jurisdiction, the assessment may be completed by phone. In addition, the CW worker requests a copy of the parent's assessment completed upon admission to the correctional system and files this in the paper case record.
(c) Service planning. The CW county of jurisdiction worker contacts the parent's correctional case manager and inquires as to the availability, type, and frequency of treatment services. If the correctional facility provides treatment services that relate to CW involvement, a copy of Form 04KI028E, Family Functional Assessment, and Form 04KI012E, Individualized Service Plan (ISP) are forwarded to the correctional case manager. Arrangements are made for a method of receiving periodic progress reports from the correctional facility in order to update the appropriate forms and include them in the case record.
(d) Visitation. Ongoing visitation with the incarcerated parent depends on the case plan goal and is coordinated with the correctional case manager. The CW worker determines whether visitation with the incarcerated parent occurred prior to the child's placement in OKDHS custody, the frequency of visitation, and the preference of the child to establish an appropriate visitation schedule. The CW worker is encouraged to use a relative(s) to assist in facilitating visitation between the child and the incarcerated parent.
(e) Exceptions to contact and visitation. Exceptions to the contact and visitation requirements are made on a case-by-case basis for incarcerated parents. The CW worker must request approval for a contact exception from the CW supervisor. If the CW supervisor determines that an exception applies, the CW worker enters an explanation into the KIDS Contacts screen. Appropriate exceptions include the:
(1) parent is incarcerated for a capital offense;
(2) parent has had no contact with the child and the child does not wish to have contact; and
(3) length of the parent's incarceration is expected to surpass the date of the child obtaining the age of majority.
2. Parent on probation or parole. Contact is initiated and maintained during the treatment process with a parent's probation or parole officer. The probation and parole officer can provide information relating to the parent’s adherence to the probation or parole requirements or new or existing charges that could relate to the child's safety.
3. Termination of parental rights due to incarceration. The incarceration of a parent is not in and of itself sufficient to deprive a parent of parental rights. When the court determines a parent is incarcerated, the court or jury must further determine that the continuation of parental rights would result in harm to the child, based on:
(1) the duration of incarceration and its detrimental effect on the parent-child relationship;
(2) any previous convictions resulting in involuntary confinement in a secure facility;
(3) the parent’s history of criminal behavior, including crimes against children;
(4) the age of the child;
(5) any evidence of abuse or neglect or failure to protect from abuse or neglect of the child or siblings of the child by the parent;
(6) the current relationship between the parent and the child; and(7) the manner in which the parent has exercised parental rights and duties in the past.