(a) CW responsibilities. The Child Welfare (CW) worker is responsible for the placement of a child who is removed from the home and placed in the custody of Oklahoma Department of Human Services (OKDHS) by law enforcement and court order.

• (1) 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 applies to the child.  • 1
• (2) When determining placement for a child who is removed from the custodial parent and placed in emergency OKDHS custody, priority is given to placement with the noncustodial parent unless such placement is not in the child's best interest.     • 2
• (3) If OKDHS determines that placement with the noncustodial parent is not in the child's best interest, placement preference per Section 21.1 of Title 10 of the Oklahoma Statutes (10 O.S. § 21.1) is followed, such as:
  • (A) grandparent;
  • (B) person indicated by deceased parent;
  • (C) relative; and
  • (D) person in whose home the child has been living in a wholesome and stable environment, including, but not limited to, foster parent, or any other person deemed suitable by the court. 
• (4) If custody of the child cannot be made pursuant to 10 O.S. § 21.1, the reason for such determination is specified in the CW case record and provided to the court.
• (5) Placement responsibility includes, per 10 O.S. § 7003-7.1 and OAC 340:75‑6‑85.1 through 340:75‑6‑85.4, ensuring the provision of:
  • (A) food;
  • (B) clothing;
  • (C) shelter;
  • (D) medical care;
  • (E) education;
  • (F) basic care;
  • (G) protection; and
  • (H) safety for the child.
• (6) When the court determines it would be in the best interests of the child, the court may place the child in the legal custody of OKDHS.  If the child is placed in OKDHS custody, the court may not direct OKDHS to place the child in a specific home or placement.

(b) Appropriate 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 10 O.S. § 7202.

• (1) Every effort is made to place the child within his or her own community, school district, or both, in order to minimize the disruption for the child and ensure consistency with education.  When a child is placed with a noncustodial parent, the noncustodial parent's home is considered the child's home community.
• (2) 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. 
• (3) Consideration is given to the parent(s)' wishes regarding religious preference in the selection of a placement provider for the child.
• (4) 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. 
  • (A) If reunification is not feasible or is delayed, the placement made is the best available placement to provide permanency for the child.
  • (B) A request by a placement provider for immediate removal of a child is examined and assessed regarding whether the situation can be resolved in order to prevent disruption of the placement.

(c) Prescribed standards.  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 religion and cultural choices. 

(d) Child's placement preference.  The child's statements and placement preferences are considered in making case decisions and 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.

(e) Court decisions regarding the child's placement.  The court does not place a child in the custody of a person who is subject to the Sex Offenders Registration Act or a person living with someone subject to the Sex Offenders Registration Act.

• (1) "Person" does not include a parent, legal guardian, or legal custodian of the child.
• (2) The court inquires, prior to placing custody of a child with the person, whether the person has been convicted of a felony or a relevant misdemeanor, including assault and battery, alcohol or drug offenses, domestic abuse, and other charges, or has any charges pending.
• (3) Prior to the custody order being issued, the person requesting custody must present an affidavit or sworn testimony to the court and provide an Oklahoma criminal history background check, per 10 O.S. § 7003-8.1.

(f) Foster home placements.  The provisions in (1) through (8) apply to placements in a paid or non-paid kinship, foster, or therapeutic foster home.

• (1) Preplacement visit.  Whenever possible, a preplacement visit for any child five years of age or older is held with the foster parent.  The CW worker involved in the preplacement visit makes every effort to discuss with the child how the care, supervision, and guidance, including, but not limited to, parental substitute authority, will be achieved.
• (2) Foster parents may submit reports or present testimony in court.  Foster parents are entitled to provide the court with written reports or verbal testimony concerning the strengths, needs, behavior, important experiences, and relationships regarding the child, and may provide information requested by the court.
• (3) Foster parents informed of hearings.  The foster parent and child are given adequate prior written notice by the CW worker of all court hearings, including the date, time, place of hearing, name of judge, docket number, and the right to participate, per OAC 340:75-1-20.  The foster parent is advised of the decisions made by the court regarding the child.   • 3
• (4) Foster parents preferred placement.  When a child re-enters out‑of‑home care and a relative or kinship placement is unavailable, the foster parent who previously cared for the child is the preferred placement option if the placement is in the child's best interest and the best interest of any other child in the foster home.
• (5) Foster parents informed of review meetings, permanency planning meetings, and special staffing.  Foster parents are advised of any local post adjudication review board meetings and special staffing, including scheduled permanency planning review meetings and the foster parent's right to participate. 
• (6) Previous placement information.  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 why.
• (7) Court-approved treatment and service plan.  Foster parents are provided a copy of the court-approved treatment and service plan.
• (8) Eligibility to adopt the child.  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 must also consider the foster parent eligible to adopt the child 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.

(g) 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.  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 statements and behaviors that may affect the child's permanency plan and progress;
• (3) school events; and
• (4) any other concern.

(h) Foster parents' relationship with the child.  Foster parents provide the child's basic needs, such as food, clothing, and shelter, and nurturing, emotional support, and direction and guidance for the child's growth and development. 

• (1) The foster relationship may be recorded through photographs, Life Book, exchange of gifts, and contact after the placement is completed.
• (2) Section 7206.1 of Title 10 of the Oklahoma Statutes 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.

(i) Least restrictive.  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.  10 O.S. § 7004-1.1 prohibits a child adjudicated deprived from being placed in an institution.  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.

(j) Close proximity.  Placements are made consistent with the needs of the child in the nearest geographic proximity to the child's own home. 

• (1) Exceptions may be made when the child's needs and safety cannot be met in a placement closer to the child's own home.
• (2) Arrangements for transportation are made to ensure regular family visits.