OKDHS - OAC 340:75-6-85. Placement consideration for child in Oklahoma Department of Human Services (OKDHS) custody

340:75-6-85. Placement consideration for child in Oklahoma Department of Human Services (OKDHS) custody

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Revised 3-26-10

(a) Legislative intent for children placed outside the home. Per 10A O.S. 1-1-102, when a child's placement outside the home is necessary, pursuant to the Oklahoma Children’s Code, each child is assured the care, guidance, and supervision in a permanent home or foster home that will serve the best interests of the child including, but not limited to, the development of the moral, emotional, spiritual, mental, social, educational, and physical well-being of the child. The child is entitled to a permanent home and to be placed in the least restrictive environment to meet the needs of the child. • 1

(b) Multiethnic Placement Act of 1994. OKDHS follows the provisions of the Multiethnic Placement Act of 1994 and the Interethnic Adoption Provisions of 1996, per OAC 340:75-1-9, unless the court finds that the Indian Child Welfare Act (ICWA) applies to the child. • 2

(c) OKDHS responsibility for placement. • 3 OKDHS has the duty to provide for the care and treatment of children placed in OKDHS custody by an order of the court, per Section 1-7-103 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-7-103). In providing care and treatment of children in OKDHS custody, OKDHS:

(1) may place the child in:
- (A) a kinship care home or other foster care home; or
- (B) if no such home is available, a group home, children's shelter, or in any licensed facility established for the care of children.
(2) gives priority to placement of the child with the noncustodial parent of the child unless the placement is not in the best interests of the child; and
(3) reviews and assesses each child to determine the type of placement and services consistent with the needs of the child in the nearest geographic proximity to the home of the child as possible.

(d) Placement preference if not with noncustodial parent. • 3 If OKDHS determines that placement with the noncustodial parent is not in the child's best interest, preference is given to relatives and persons who have a kinship relationship with the child, who are determined to be suitable, capable and willing to serve as caretakers for the child per 10A O.S 1-7-106. OKDHS makes efforts to locate the relative, kinship relation, or resource parent who is best able to meet the child's long-term best interests. OKDHS reports to the court what diligent efforts were made to secure the placement per 10A O.S. § 1-4-204. In cases where ICWA applies to the child, the placement preferences in OAC 340:75-19-14 are followed. If placement of the child cannot be made pursuant to 10A O.S. 1-7-106, the reason for such determination is specified in the CW case record and provided to the court.

(e) Court's authority to approve or disapprove placement. When the court determines it is in the best interests of a child, the court may place the child in the legal custody of OKDHS. Whenever the child is placed in OKDHS custody, the court may not direct OKDHS to place the child in a specific home or placement but may approve or disapprove a specific placement if it does not conform to statutory requirements and the best interests of the child per 10A O.S. § 1-4-803.

(f) Changing child's placement. OKDHS has the responsibility to determine whether a placement is an appropriate placement for a child in OKDHS custody, and to remove a child from a placement when it is in the child's best interest, per 10A O.S. § 1-7-103, subject to the provisions of 10A O.S. § 1-4-804 and 1-4-805.

(g) Placement in nearest geographic proximity to parent or school. Unless the child is placed with relatives or in accord with the federal and state Indian Child Welfare Acts, every effort is made to place the child within the county of residence or if unable to place in the nearest proximity to the county of residence of the child's parent, or legal guardian, school district, or both, to facilitate reunification of the family and ensure consistency with education. The child's placement is not intended to correspond in frequency to changes of residence of the parent or legal guardian. In determining whether the child should be moved, OKDHS considers the potential harmful effects of disrupting the placement of the child and the reason of the parent or legal guardian's changes in residence.

(h) Sibling placement. Every reasonable attempt is made to place siblings who have been removed together whether in temporary or permanent placement. If separated, siblings are provided frequent contact or visitation when appropriate. The best interests of each child determines whether joint placement, contact, or visitation is allowed. If the child is a part of a sibling group, placement of the entire sibling group in the same placement is in the best interests of the child and siblings unless there is a preponderance of evidence to the contrary. [10A O.S. § 1-7-107]

(i) Indian Child Welfare Act and placement. The federal Indian Child Welfare Act (FICWA), 25 United States Code § 1915, Oklahoma Indian Child Welfare Act (OICWA), 10 O.S. § 40.6, and OAC 340:75-19-14 define placement preferences for Indian children.

(j) Religious consideration in placement decision. Consideration is given to the parent(s)' wishes regarding religious preference in the selection of a placement provider for the child, per 10A O.S. 1-4-705. Refer to OAC 340:75-5-49.

(k) Placement stability. In order to promote stability and healthy growth of the child, it is the intent of OKDHS to limit the number of times a child is moved in out-of-home placement.

(1) When reunification is feasible, the placement made is the best available placement to provide permanency for the child.
(2) A request by a placement provider for immediate removal of a child is examined and assessed regarding whether the situation can be resolved to prevent disruption of the placement.

(l) Placement provider's age. If a prospective placement provider meets the minimum age required per OAC 340:75-7-12, OKDHS may not use the age of an otherwise eligible individual as a reason for denial of placement. [10A O.S. § 1-4-705]

(m) Prescribed standards for placement provider. • 2 All placements utilized by OKDHS are approved or licensed by specified procedures and meet prescribed standards. A child in the custody of OKDHS is not placed in a home, whether temporary or closely related, prior to the provider meeting standards per OAC 340:75. Placements must be safe, have sufficient space to allow the child privacy, and the provider must:

(1) support and participate in the child's permanency plan;
(2) adhere to OKDHS rules, such as not using physical discipline; and
(3) support the child's preferred religious and cultural choices.

(n) Determining the appropriate placement. Per 10A O.S. § 1-4-204, in determining the appropriate placement for a child, OKDHS considers, but is not limited to:

(1) the ability of the person to provide safety for the child, including a willingness to cooperate with any restrictions placed on contact between the child and others and to prevent others from influencing the child in regard to allegations of the case;
(2) the ability of the person to support the efforts of OKDHS to implement the permanent plan for the child;
(3) the ability of the person to meet the child's physical, emotional, and educational needs, including the child's need to continue in the same school or educational placement;
(4) the person who has the closest existing personal relationship with the child, if more than one person requests placement;
(5) the ability of the person to provide a placement for the child's sibling who is also in need of placement of continuation in out-of-home care;
(6) the wishes of the parent, the relative, and the child if appropriate;
(7) the ability of the person to care for the child as long as is necessary and to provide a permanent home if needed; and
(8) the best interests of the child.

(o) Child's placement preference. • 5 In determining placement of a deprived child in foster care, OKDHS is governed by the long-term best interests of the child. The child may express a preference as to placement and the preference may be given with or without the parents, foster parents, guardians, or any other parties being present. OKDHS determines whether the best interests of the child are served by the child's preference. OKDHS is not bound by the child's preference and may consider other facts in determining the placement, per 10A O.S. § 1-7-110.

(p) Bars to placement. Per 10A O.S. § 1-4-705, OKDHS does not approve prospective foster or adoptive parents as Bridge resource parents if the applicant, or any person residing in the prospective applicant's home, has a criminal conviction record for any of the felony offenses listed in (1) through (5). The felony offenses are:

(1) physical assault, battery, or a drug-related offense within the five-year period preceding the application date;
(2) child abuse or neglect;
(3) domestic abuse;
(4) a crime against a child, including, but not limited to, child pornography; or
(5) a crime involving violence, including, but not limited to, rape, sexual assault, or homicide, but excluding those crimes specified in paragraph (A). Homicide includes manslaughter. A crime involving violence means an offense that:
- (A) has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or
- (B) by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

(q) Former foster parent preferred placement. A foster parent has a right to be considered as a preferred placement option when a foster child who was formerly placed with the foster parent reenters foster care at the same level and type of care, when the placement is consistent with the best interests of the child and other children in the home of the foster parents, per 10A O.S. 1-9-119.

(r) Eligibility of foster parent to adopt the child. Per 10A O.S. § 1-4-812, during any permanency hearing, if the court determines the child is to be placed for adoption and the child has resided with the foster parent for at least one year, the court considers the foster parent eligible to adopt and gives great weight to the foster parent in the adoption consideration unless there is an existing, loving, emotional bond with a relative of the child, by blood or marriage, who is willing, able, and eligible to adopt the child.

(s) Foster parent as essential participant. • 6 10A O.S. 1-9-119 and OAC 340:75-7-37 recognize foster parents as essential participants in the decisions related to the growth, development, care, protection, and treatment of a child placed in their home with whom they have established a familial relationship.

(t) Foster parent rights. A complete statement of foster parent's rights can be viewed at 10A O.S. 1-9-119.

INSTRUCTIONS TO STAFF 340:75-6-85

Revised 3-26-10

1. Least restrictive placement. Placements are made in the least restrictive or most home-like setting that will meet the child's needs and provide for the child's safety, per OAC 340:75-6-85 through 340:75-6-85.4. Every effort is made to place a child with a member of the child's family in a safe and appropriate home. The least to the most restrictive placements are:

(1) kinship home, which includes:

(A) relative home; and

(B) close family relationship;

(2) regular foster home;

(3) therapeutic foster home; and

(4) group home or residential child care facility.

2. Multiethnic Placement Act of 1994. If a parent of a child in emergency or temporary Oklahoma Department of Human Services (OKDHS) custody requests a placement that violates the Multiethnic Placement Act of 1994 and Interethnic Adoption Provisions of 1996 (MEPA/IEP), the Child Welfare (CW) worker advises the parent that MEPA/IEP states that a parent's request for a same race placement is not legal and is not considered by OKDHS. Only requests regarding relative and religious preferences are considered.

3. Noncustodial parent. In many cases, Oklahoma Child Support Services has established and documented paternity prior to CW involvement. To ensure placement with the noncustodial parent has been explored and the CW case record accurately reflects all available OKDHS records regarding paternity, refer to OAC 340:75-6-31.5 Instructions to Staff.

4. Child’s placement preference. The child's preferences are recorded on Form 04KI011E, Preadjudication Court Report, 04KI013E, Individualized Service Plan (ISP) Dispositional Report, 04KI009E, Court Report, or 04KI014E, Individualized Service Plan (ISP) Progress Report, when the child's age and developmental abilities allow. Since the child's preferences are not the sole consideration in determining placements and case plan decisions, preferences are evaluated regarding reasons or causes, degree of consistency, and implications for the permanency plan.

5. Placement consideration. If the parent(s) of a child in emergency or temporary OKDHS custody requests a placement that violates the Multiethnic Placement Act of 1994 and Interethnic Adoption Provisions of 1996 (MEPA/IEP), the CW worker advises the parent(s) that MEPA/IEP states that a parent(s)' request for a same race placement is not legal and is not considered by OKDHS. Only requests regarding relative and religious preferences are considered.

6. Notice of hearing provided to resource parent. The CW county of jurisdiction worker or the preadoptive parent's adoption specialist:

(1) provides KIDS generated Form 04MP030E, Hearing Notification, to the current foster parent, preadoptive parent, or relative no later than 15 days after the hearing is set;

(2) if the child moves after the notification has been provided, prints Form 04MP030E from the Reports icon and provides to the current foster parent, preadoptive parent, or relative no later than ten working days prior to the court hearing;

(3) if the hearing date changes, updates the Court Hearing Detail screen and provides the KIDS generated Form 04MP030E to the current foster parent, preadoptive parent, or relative no later than ten working days prior to the hearing; and

(4) documents in KIDS Contacts screen when and how Form 04MP030E was delivered.

7. Foster parent's right and responsibility to participate. Foster parents are advised of any local post adjudication review board meetings and special staffings, including scheduled permanency planning reviews, family team meetings, and of the foster parent's right and responsibility to participate.

8. Previous placement information provided to foster parent. Foster parents are provided the opportunity to contact and communicate with a previous foster parent for the child in order to share information about the child, if authorized by the previous foster parent. The foster parent is informed of the number of times a child has been moved and the reasons for the moves.

9. Foster parent's role in development of individualized service plan. Foster parents are engaged in the development of and provided a copy of the court-approved treatment and individualized service plan.

10. Respect for the foster parents or placement providers. The CW worker treats the foster parent or placement provider as a professional member of the CW team and with dignity, respect, and consideration. A statement of foster parent rights may be viewed at 10A O.S. § 1-9-119. The CW worker cooperates with the foster parent or placement provider to provide a mutual exchange of information, including, but not limited to:

(1) the child's physical and emotional development;

(2) significant connections and behaviors that may affect the child's permanency plan and progress;

(3) school events; and

(4) any other concern.

11.Relationship between parents and foster parents. The CW worker helps facilitate the foster parent's role as a team member by encouraging a professional relationship between parents and foster and parents. The CW worker:

(1) facilitates the initial meeting between the parent(s) and foster parents within seven days of the child's placement to share information about the child and to begin the process of creating a relationship; and

(2) encourages ongoing communication between the foster and birth parents to effectively facilitate visitation, connection with family members, and meeting the identified needs of the child.

12.Foster parents' relationship with the child. Foster parents provide the child's basic needs, such as food, clothing, shelter, nurturing, emotional support, direction and guidance for the child's growth and development. The foster relationship may be recorded through photographs, Life Book, exchange of gifts, and contact after the placement is completed.

13. Documenting the child's personal history.

(1) Digital photographs. The CW worker ensures that each child is photographed with a digital camera a minimum of once every 12 months. The digital photograph is saved in the KIDS File Cabinet no later than five working days after the photograph is taken.

(2) Life Book. The CW worker ensures that each child has a Life Book and that the Life Book is maintained by the placement provider. A Life Book is available in Outlook in Public Folders/All Public Folders/STO DCFS/Life Book. The CW worker prints the applicable sections for the child and provides this to the placement provider if a Life Book has not been created for the child.

14.Documenting placement episodes. When a child is placed in out-of-home care, the CW worker documents the placement in the KIDS Placement screens no later than two working days after placement.

(1) A placement cannot be entered until a child's removal from the person responsible for the child is documented.

(2) If the placement is a kinship, paid or non-paid, or foster family home, Form 04FC011E, Placement Agreement for Out-of-Home Care, and Form 15GR004E, Notice of Grievance Rights - Minors in OKDHS Custody, are completed, provided to the placement provider, and recorded in the KIDS Document Tracking screen.

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