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Oklahoma Department of
Human Services
Stronger Families Grow
Brighter Futures
Oklahoma Department of Human Services
Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd. • Oklahoma City, OK 73105
(405) 521-3646 • Fax (405) 521-6684 • Internet: www.okdhs.org
 
 
 
340:75-6-46. Services to Child Welfare (CW) youth involved in the juvenile justice system
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Revised 3-26-10

 

     When a child or youth in the custody or supervision of the Oklahoma Department of Human Services (OKDHS) as deprived is involved in the juvenile justice system due to delinquency or In Need of Supervision (INS) acts, Child Welfare (CW) consults with the juvenile justice system provider.  • 1 through 13

INSTRUCTIONS TO STAFF 340:75-6-46

 

Revised 12-15-11

 

1.   Delinquent or In Need of Supervision (INS) service providers.  

(1) Youth in the custody of the Office of Juvenile Affairs (OJA) alleged or adjudicated In Need of Supervision (INS) or delinquent are served by the the OJA Juvenile Services Unit (JSU).

(2) Youth receiving pre-adjudication or probation services in Oklahoma, Tulsa, Canadian, and Comanche Counties are served by the county-based Juvenile Bureau of the District Court and by the OJA JSU in the other 74 counties.

2.   Child dually adjudicated as deprived and delinquent.  When the child in OKDHS permanent custody is dually adjudicated as deprived and delinquent or INS, and in the custody of or receiving services from the juvenile justice system provider, the actions are listed in paragraphs (1) - (3) of this subsection are required.

(1) Staffing between OKDHS and OJA or Juvenile Bureau.  Reasonable efforts are made to assure joint staffings occur at key decision-making points throughout the case, such as significant changes in the child's or youth's individualized service plan, placement changes, and custody changes. Responsibilities of each agency in the provision of services to the child or youth are determined during these staffings.

(2) Information sharing.  The CW specialist obtains updated information from the juvenile justice system provider to submit to the court in the deprived action for each review hearing and furnishes information to the juvenile justice system provider upon request.

(3) Recommendation for custody or case changes.  A recommendation for dismissal or change of custody for a child or youth with the juvenile justice system service provider is only made after a joint staffing between the CW specialist or supervisor responsible for the child and the juvenile justice system provider.

3.   Conflict resolution between agencies.  When consensus regarding case or related issues is not reached or a staffing cannot be scheduled as required, the conflict resolution protocol followed by OKDHS and OJA is in accord with each agency's administrative hierarchy and involves discussion between the:

(1) Child Welfare (CW) supervisor and JSU supervisor;

(2) county director/CW field liaison (CWFL) and JSU district supervisor;

(3) area director and director of OJA Juvenile Services Division; and

(4) Children and Family Services Division (CSFD) director to OJA Chief of Staff.

4.   Juvenile On-Line Tracking System (JOLTS).  The OJA automation system, JOLTS, is accessed for information regarding a child or youth's involvement in the juvenile justice system.

5.   Pre-delinquent adjudication staffing.  When the CW specialist believes that a deprived youth's behavior indicates the youth may be delinquent, the CW specialist staffs the case with the appropriate juvenile justice system provider.  Responsibilities of each agency regarding the appropriate action are determined during the staffing.

6.   Reunification proposed by juvenile justice service provider.  When a child or youth is in OJA custody and OJA recommends the return of the child to the home but the CW specialist believes reunification is not appropriate due to safety threats or other concerns, the CW specialist reports the concerns to the OJA worker immediately.  When the CW specialist's report is verbal, the report is confirmed in writing within three business days of the verbal report with a copy filed in the CW case.

7.   Recommended dismissal by OJA of the delinquent or INS case.  When CW does not receive advance notification of a court hearing in which OJA recommends dismissal of the delinquent or INS petition for a child or youth in OJA custody only and recommends custody be placed with OKDHS, the CW field liaison notifies the JSU district supervisor and requests advance notification in the future.  When custody of the child has been granted to OKDHS, a joint staffing is held with OJA to obtain information regarding child's needs.

8.   OJA recommendation for OKDHS custody.  When advance notification is given by OJA regarding OJA's recommendation to dismiss the delinquent or INS petition for a child or youth in OJA custody only and recommend custody be placed with OKDHS, a joint staffing is held between OJA and CW to coordinate placement planning and services to the child.  A CW specialist is assigned and present at the court hearing.

9.   Placement of child or youth adjudicated delinquent or INS.  Children or youth with a sole adjudication of delinquent or INS or jointly adjudicated as deprived and delinquent or INS are not placed or allowed to visit in the same foster home as children or youth who are solely adjudicated as deprived without prior knowledge and approval of both CW and OJA.  The decision is staffed between the respective specialists and supervisors and documented in KIDS on the Contacts screen.

10.  Overnight or unsupervised visitation for jointly adjudicated child or youth. Prior to any overnight or unsupervised sibling visitation between a jointly adjudicated child or youth with his or her deprived siblings, a staffing between the CW specialist, OJA worker, and placement provider occurs.  Any safety issues are discussed.  Once a consensus is reached that the child(ren)'s safety can be ensured, the decision is documented in KIDS on the Contacts screen.  When a consensus cannot be reached, the visitation is not allowed.

11.  Permanency planning for dually adjudicated youth.  Youth in the custody of OKDHS and in out-of-home care who becomes jointly adjudicated as deprived and delinquent requires permanency planning as required by Section 1-4-811 of Title 10A of the Oklahoma Statutes.  CW coordinates with OJA in the permanency planning efforts.

12.  Case responsibilities.  According to the child's or youth's adjudication or custody status, case responsibilities for the child or youth are outlined in (1) - (3) of this subsection.

(1) Pre-adjudication, deferred prosecution, deferred adjudication, or probation. When a child or youth in OKDHS custody is receiving pre-adjudication, deferred prosecution, deferred adjudication, or probation services from the juvenile justice system provider, CW retains responsibility for placement of the child or youth as well as permanency planning and related services.  While CW continues as the primary service provider, services to the child or youth are coordinated with those of the juvenile justice system provider designed to prevent additional unlawful acts.

(2) Adjudicated but custody not granted to OJA.  When a child or youth in OKDHS custody is also adjudicated delinquent or INS but custody is not granted to OJA, OKDHS retains responsibility for placement of the child or youth as well as permanency planning and related services.  When not granted custody, OJA has no authority to make placement.  While CW continues to be the primary service provider, services to the child or youth are coordinated with OJA or the juvenile justice system provider.

(3) Dual adjudication and custody.  When a child or youth in OKDHS custody is also adjudicated delinquent or INS and placed in the custody of OJA, OJA is responsible for placement and services to the child or youth. CW retains responsibility for permanency planning and related services. The CW specialist:

(A) documents the youth’s placement in KIDS resource number 72592 located in the Residential-Locally Authorized category and the Non-OKDHS Operated Facilities type;

(B) documents the specific location of the child in each KIDS monthly contact;

(C) contacts, personally or by telephone, the child, youth, and the OJA case worker on a monthly basis; and

(D) obtains from the OJA worker the date and substance of the monthly contact with the youth and enters into KIDS contact screen the name of the OJA case worker, selects the purpose of "Worker Visit – No Contact Guide," and enters information in "Purpose/Comments."

13.  Individualized service plan for parent in OJA custody.  Child Welfare initiates an individualized service plan with the youthful parent in OJA custody whose child is served by CW either on a voluntary foster care or in custody basis.  The individualized service plan addresses the needs of the child and the  youthful parent's ability to meet the child's needs, and the parent and child relationship.



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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