INSTRUCTIONS TO STAFF 340:75-6-85.2
Revised 10-1-11
1. (a) Relative and kinship placement consideration. When a child cannot be placed with the custodial or noncustodial parent, relative and kinship placements are considered and preferable to other types of out-of-home placements because the placements:
(1) are less restrictive;
(2) allow children to maintain connection to kin, culture, and community; and
(3) are consistent with the mission of OKDHS in helping families help themselves.
(A) The first placement resource considered is the noncustodial parent.
(B) Relative and kinship placements are made only when:
(i) the placement meets required standards;
(ii) the safety and well-being of the child can be ensured;
(iii) the placement meets the treatment needs of the child; and
(iv) the placement supports the permanency plan for the child and the child's family.
(C) The CW specialist explores all avenues of information when conducting a diligent search for maternal and paternal relatives and kin for the child placed in OKDHS legal custody.
(b) Diligent search for relatives and kin.
(1) Gathering information regarding important people in the child's life. When gathering information regarding important people in the child's life, the Child Welfare (CW) specialist:
(A) obtains from each parent a list of all relatives or kin known to the parent. The comprehensive list includes relatives or kin that may or may not be appropriate or available for placement.
(B) reviews the affidavit the parent completes upon the court's order at the emergency custody hearing per OAC 340:75-1-16 and Section 1-4-203 of Title 10A of the Oklahoma Statutes.
(C) attempts to identify, locate, and contact all grandparents and other adult relatives and kin of the children. Appendix I-7, The Family Tree - Degrees of Kindred According to the Law, is a useful form to help identify possible relatives.
(D) requests that the parent complete Form 04MP015E, Important People in the Child's Life;
(E) presumes that relative or kin placement possibilities exist even though the parent:
(i) indicates there are no relative or kin available or appropriate for placement; or
(ii) is unwilling to provide information.
(F) solicits information from each parent regarding the parent's placement preferences. Each parent is advised that consideration is given to the preferences, but no assurances are made regarding the placement determination;
(G) provides each person, identified by the court or listed by the parent on Form 04MP015E or on the affidavit, Form 04CP006E, Letter of Notification to Adult Relatives, no later than 30 days after the child's removal, unless notification would not be in the best interests of the child due to past or current family or domestic violence.
(H) contacts relatives in person or by telephone, to evaluate suitability for placement of, or contact with, the child. A family team meeting is utilized to help identify relatives and kin. The relative or kin is not determined inappropriate based solely on the relative or kin's failure to contact the CW specialist; and
(I) enters each parent as a client to the KIDS case. Any other person is documented in the Family/Kinship Connections screen in KIDS;
(J) documents all efforts:
(i) in KIDS on Form 04KI005E, Child's Individualized Service Plan (ISP);
(ii) in the Family/Kinship Connections screen;
(iii) on Form 04KI009E, Court Report, or 04KI014E, Individualized Service Plan (ISP) Progress Report; and
(iv) in the Contacts screen.
(K) determines that sufficient efforts were made to contact the relative or kin when:
(i) the the CW specialist has spoken with the relative or kin by telephone or in person;
(ii) the telephone number given has been disconnected and efforts to obtain a new number for the relative or kin have been unsuccessful; or
(iii) the letter to the relative or kin has been returned undeliverable and efforts to obtain a new address for the relative or kin were unsuccessful.
(c) Assessing relatives and kin for placement.
(1) During the contact with the relative or kin, the CW specialist assesses the person's ability and appropriateness for placement.
(2) When the relative or kin is interested in placement, the CW specialist completes the assessment process in accordance with OAC 340:75-7.
(3) When the relative or kin is not interested in placement or is determined to be inappropriate, the CW specialist attempts to obtain information about other relatives or kin that was not provided by the parent.
(d) Protocol for continued diligent search efforts to locate relatives or kin. When efforts to locate an appropriate relative or kin are unsuccessful based on the information provided by the parent, the diligent search continues and the CW or diligent search specialist, when available through a referral by Form 04MP009E, Diligent Search Request:
(1) reviews existing case records, including, but not limited to CW, Temporary Assistance to Needy Families (TANF), court, school, and child care;
(2) completes a search of the KIDS application, Information Management System (IMS), Juvenile Justice Information System (JOLTS), and Internet. A tool to assist in this search is Form 04MP010E, Relative/Kin Computer Search;
(3) utilizes the Oklahoma Child Support Services (OCSS) screens available in IMS and the Federal Parent Locator Service and requests assistance from OCSS to locate parents of children in the custody of OKDHS;
(4) obtains from the age-appropriate child, location information of any relative or kin known to the child;
(5) asks any known relative or kin to identify other relatives or kin. A tool to assist in this contact is Form 04MP011E, Diligent Search Contact Results; and
(6) attempts to contact and assess any relative or kin whose name and information is obtained during the diligent search process.
(e) Placement disruptions and concurrent planning for alternate relative or kin placement. During a family team meeting or other contacts with relatives or kin, the CW specialist identifies, a minimum of three appropriate relatives or kin who may be eligible to provide placement for the child in the event of a placement disruption. If a child's placement disrupts, the CW specialist:
(1) consults with the relative or kin designated as an alternate placement for the child; and
(2) coordinates the child's transition from the disrupted home to the newly approved home.
(f) Protocol for assessing relatives or kin who reside out-of-state.
(1) When a relative or kin is located out-of-state and indicates a desire to be a placement resource, the CW specialist obtains:
(A) affirmation that the potential placement resource is:
(i) interested in becoming a placement resource for the child and is able to facilitate visitation when reunification is the plan; or
(ii) interested in becoming the permanent placement resource if reunification efforts are unsuccessful; and
(iii) willing to cooperate with the ICPC process; and
(B) the name and correct address of the potential placement resource;
(C) all available telephone numbers and other contact information for the potential placement resource;
(D) the date of birth and Social Security number of each adult residing in the potential placement resource's home;
(E) a detailed description of the number and type of rooms in the potential placement resource's residence to accommodate the child under consideration;
(F) the number of people, including children, who will be residing in the potential placement resource's home;
(G) information to determine whether the potential placement resource has the financial resources or will access financial resources to feed, clothe, and care for the child;
(H) the plan for child care and how it will be paid for when required due to age or needs of the child; and
(I) acknowledgment by the potential placement resource that a criminal records and child abuse history check is completed on any person residing in the home required to be screened under the law of the receiving state and to the best knowledge of the potential resource placement, no person residing in the potential resource placement's home has a criminal history or child abuse history that would prohibit the placement.
(2) The CW specialist:
(A) advises the relative or kin, when the permanency plan is reunification, that one of the deciding factors regarding placement of the child is whether the placement will enable parent and child visitation.
(i) When the out-of-state relative or kin is able to provide sufficient visitation, placement with the relative or kin is preferable to placement with a non-relative.
(ii) The child remains in-state when visitation is not feasible in the out-of-state placement;
(B) consults with the CW supervisor to determine:
(i) if the ICPC referral is appropriate based upon information obtained from the potential out-of-state placement resource;
(ii) whether the plan is for immediate placement with the out-of-state relative or kin upon receipt of an approved home study; or
(iii) whether the out-of-state relative or kin is considered for permanent placement in the event reunification is unsuccessful.
(C) informs the potential out-of-state placement resource within two business days of consultation with the CW supervisor that an ICPC home study referral request:
(i) will not be made and the basis for the decision; or
(ii) will be initiated per OAC 340:75-1-86, for an assessment of the relative's or kin's home within 30 days of the determination that relative's or kin's request for placement is appropriate;
(D) when appropriate, opens an "Other Services Workload Request" to document in KIDS that an ICPC home assessment has been requested from another state. The Type of Service Request is documented as ICPC-Sending Out-of-State;
(E) assists to maintain the relationship between the child and relative or kin by facilitating contact between the relative or kin and the child during the ICPC home study process;
(F) keeps the relative or kin informed of the permanency plan progress and the feasibility of reunification;
(G) advises the placement provider(s) that the permanency plan is to move the child to the out-of-state relative or kin placement if reunification is unsuccessful; and
(H) moves the child immediately to the out-of-state placement when:
(i) the relative or kin's home is approved by ICPC and sufficient visitation can be facilitated; or
(ii) the permanency plan is no longer reunification.