OKDHS.org - OAC 340:75-6-46. Services to Child Welfare (CW) youth involved in the juvenile justice system

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340:75-6-46. Services to Child Welfare (CW) youth involved in the juvenile justice system

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Revised 6-27-02

(a) When a child or youth in the custody or supervision of the Department as deprived is involved in the juvenile justice system due to delinquency or In Need of Supervision (INS) acts, CW makes recommendations regarding custody only after consultation with the juvenile justice system provider. In all cases, including DHS permanent custody cases, in which a child or youth 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 taken are listed in (1) - (3) of this subsection.

(1) Staffings. 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 treatment 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 worker obtains updated information from the juvenile justice system provider to submit to the court in the deprived action for every review hearing and furnishes information to the juvenile justice system provider upon request.
(3) 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 not made without a joint staffing between the CW worker or supervisor responsible for the child and the juvenile justice system provider. • 1 through 7

(b) 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 DHS 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 the Office of Juvenile Affairs (OJA). When a child or youth in DHS custody is also adjudicated delinquent or INS but custody is not granted to OJA, DHS retains responsibility for placement of the child or youth as well as permanency planning and related services. If 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 DHS 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 worker contacts, personally or by telephone, the child, youth or the OJA case worker on a monthly basis. • 8 through 10

(c) Child Welfare initiates a treatment plan with an OJA custody youth whose child is being serviced by CW either on a voluntary foster care or custody basis. The treatment plan addresses the needs of the child and the youth's ability to meet the child's needs, and the parent and child relationship.

INSTRUCTIONS TO STAFF 340:75-6-46

1. For all youth in the custody of Office of Juvenile Affairs (OJA) as In Need of Supervision (INS) or delinquent, the juvenile justice system provider is the OJA Juvenile Services Unit (JSU). For youth receiving pre-adjudication or probation services, the juvenile justice system provider in Oklahoma, Tulsa, and Comanche Counties is the county-based juvenile bureau and in the other 74 counties the provider is the OJA JSU.

2. In instances where consensus on a case or related issue cannot be reached or a staffing cannot be scheduled as required in policy, the conflict resolution protocol utilized is:

(1) Child Welfare (CW) supervisor to JSU supervisor;
(2) county director/CW field liaison (CWFL) to JSU district supervisor;
(3) area director to JSU unit supervisor; and
(4) Children and Family Services Division (CSFD) director to OJA deputy director.

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

4. If the CW worker believes that a deprived youth's behavior indicates that he or she may be INS or delinquent, the CW worker staffs the case with the appropriate juvenile justice system provider. Recommendation is not made to the district attorney pursuant to Section 7003-7.2 of Title 10 of the Oklahoma Statutes prior to this staffing. Responsibilities of each agency regarding the appropriate action are determined during these staffings.

5. If a child or youth is in OJA custody and OJA recommends the return of the child to the home but the CW worker believes that reunification is not appropriate due to safety or other concerns, the CW worker reports his or her concerns to the OJA worker immediately. If the CW worker's report is verbal, the report is confirmed in writing within three days of the verbal report with a copy filed in the CW case.

6. If 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 DHS, the CW field liaison notifies the JSU district supervisor and requests advance notification in the future. If custody of the child has been granted to DHS, a joint staffing is held with OJA in order to obtain information regarding child's needs.

7. If 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 DHS, a joint staffing is held between OJA and CW to coordinate placement planning and services to the child. A CW worker is assigned and present at the court hearing.

8. 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 workers and supervisors and documented in KIDS on the Contacts screen.

9. Prior to any overnight or unsupervised sibling visitation between a jointly adjudicated child or youth with his or her deprived siblings, a staffing among the CW worker, JSU 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. If a consensus cannot be reached, the visitation is not allowed.

10. Any youth in the custody of DHS and in out-of-home care who becomes jointly adjudicated as deprived and delinquent or INS requires permanency planning as found in Section 7003-5.6d of Title 10 of the Oklahoma Statutes. CW coordinates with OJA in such permanency planning efforts.

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