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OKDHS Home > Library > Policy > OAC 340 > Chapter 75. Child Welfare > 6. Permanency Planning > 86. Changes in child's living arrangements
340:75-6-86. Changes in child's living arrangements
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Revised 12-1-10

 

(a) Notification requirement when a child in Oklahoma Department of Human Services (OKDHS) custody is moved from one location to another.  • 1 and • 2  Section 1-4-804 of Title 10A of the Oklahoma Statutes (10A O.S. 1-4-804) requires that when a child in Oklahoma Department of Human Services (OKDHS) custody is moved from one location to another, OKDHS must notify, within a reasonable time after OKDHS is made aware of the need for movement, but in no event less than five judicial days prior to movement unless an emergency exists the:

  • (1) court of jurisdiction;
  • (2) child's attorney;
  • (3) district attorney;
  • (4) Post Adjudication Review Board (PARB);
  • (5) court-appointed special advocate (CASA); and
  • (6) guardian ad litem of the child, if any.

(b) Emergency movement of a child in OKDHS custody.  "Emergency," as used in 10A O.S. 1-4-804, means movement of a child that is:

  • (1) pursuant to an order of the court including, but not limited to, an order authorizing placement of a child with a parent or sibling;
  • (2) immediate removal of the child without delay or notice requested by the child-placing agency or foster parent of the child;
  • (3) for emergency medical or mental health treatment;
  • (4) for substantial noncompliance by a foster parent or child-placing agency with applicable placement standards and agreements such that the child is in imminent danger; or
  • (5) due to a pending investigation of an allegation of abuse or neglect of a child by a foster parent or child-placing agency or other person residing in the foster family home.

(c) Removal from foster care and required notification when a child has resided in the foster home for three months or more.  • 2  Pursuant to 10A O.S. § 1-4-805, except in an emergency, when a child has been in a foster home three months or more, written notice is provided to the foster parent, including tribal, emergency, therapeutic, Developmental Disabilities Services Division (DDSD), regular, and kinship care, and to the court five judicial days prior to removal of the child from the placement.  The length of time applies to placement in each individual therapeutic or emergency foster care home and not placement with the therapeutic or emergency foster care agency.

(d) Foster parent's objection to removal when a child has resided in the foster home for more than six months.  When a child has been in the same foster home for more than six months, the foster parent has the right to file a written objection to the child's removal from the foster home per 10A O.S. § 1-4-805.  This objection must be filed with the court and served on OKDHS within five judicial days after receipt of the notice to remove the child.  Timely filing and service of the objection stays removal of the child pending review by the court, unless the reason OKDHS stated for removal is due to an emergency, as defined in subsection (b) of this Section including:

  • (1) placement of a child with a parent or a sibling pursuant to an order of the court;
  • (2) immediate removal of the child without delay or notice requested by the child-placing agency or foster parent of the child;
  • (3) for emergency medical or mental health treatment;
  • (4) for substantial noncompliance by a foster parent or child-placing agency with applicable placement standards and agreements such that the child is in imminent danger; or
  • (5) due to a pending investigation of an allegation of abuse or neglect of a child by a foster parent or child-placing agency or other person residing in the foster family home.

(e) Hearing on any party or foster parent's objection to removal of child.  When a child is being removed from a foster home and any party or the foster parent has filed an objection, an informal placement review hearing is held within 15 judicial days per 10A O.S. § 1-4-805.  The court may order that the child remain in, or be returned to, the home of the objecting foster parent if the court finds the OKDHS placement decision was arbitrary, inconsistent with the child's permanency plan, or not in the best interests of the child.

 

INSTRUCTIONS TO STAFF 340:75-6-86

 

Revised 12-1-10

 

1.   Tribal notification of change in placement.  When a child in Oklahoma Department of Human Services (OKDHS) custody is moved from one location to another, OKDHS notifies the tribe when applicable, within a reasonable time after OKDHS is made aware of the need for movement, but in no event less than five judicial days prior to movement unless an emergency exists.  OKDHS requests the tribe assist in identifying an appropriate placement within the Indian Child Welfare Act (ICWA) placement preferences.

2.   Notification of change in placement.  The Child Welfare (CW) worker in the county of jurisdiction immediately completes Forms 04KI025E, Change in Placement Notification for Child's Attorney, and 04KI026E, Change in Placement Notification for Judge, for any change in placement, including the initial placement, for the child in Oklahoma Department of Human Services (OKDHS) custody.  When the change is due to an emergency, the CW worker provides the notification the next business day.

3.   Removal of child from placement.

(1) Assessment of emergency removal from placement.  Before emergency removal of a child from a foster parent, an assessment is made by the child's CW worker, supervisor, foster resource specialist, and CW field liaison (CWFL) to determine the best course of action to avoid trauma to the child and disruption of the child's placement, when possible per OAC 340:75-3-8.1.  When multiple counties are involved, the assessment includes the CW county of jurisdiction worker, CW supervisor, and CWFL.

(2) Notification of removal from placement.  The child's CW worker:

(A) prepares two originals of Form 04MP014E, Notice of Child's Removal from Out-of-Home Placement;

(B) obtains the supervisor's approval;

(C) hand delivers Form 04MP014E to the foster parent at least five judicial days before the change of placement occurs, unless an emergency exists and advance notice is not required.

(i) In the event of an emergency, Form 04MP014E is provided at the time of the child's removal, when possible.

(ii) When not provided at the time of the child's removal, Form 04MP014E is provided no later than one business day after the removal;

(D) documents in KIDS Contacts screen, all communications with the foster parent regarding the child's removal; and

(E) advises the foster parent to seek legal counsel, when a foster parent has questions about filing an objection.

(3) Documenting notification to foster parent of removal.

(A) The child's CW worker obtains the signature of the foster parent on two originals of Form 04MP014E, and one original form is given to the foster parent.  When the foster parent refuses to sign the form, CW staff documents the refusal on the original retained by OKDHS and in KIDS Contacts screen.

(B) The second original form signed by the foster parent is retained by OKDHS and filed in the child's paper case record.  One copy is filed in the resource record and a copy is sent to the court and the therapeutic or emergency foster care agency or tribe, when applicable.

(4) Emergency removal from placement.

(A) When the decision to remove a child is based on an emergency and the child's removal will occur from a location other than the child's placement, the child's CW worker:

(i) immediately makes every effort to notify the foster parent; and

(ii) continues these efforts until contact, in person or by phone, is made with the foster parent.

(B) Notification attempts are made in the manner and order described in (i) through (iii).

(i) The child's CW worker makes a home visit to the foster parent immediately after placement of the child in the new location.

(ii) When the foster parent is not home, the child's CW worker leaves a note instructing the foster parent to immediately contact the child's CW worker.

(iii) The child's CW worker immediately phones the foster parent's residence and leaves a phone message with contact instructions when the foster parent has voice mail.

(5) Placement disruptions.

(A) When the child's placement disrupts, the child's CW county of placement worker, when applicable:

(i) immediately phones the CW county of jurisdiction worker to determine other placement options to meet the child's needs, including placement preferences according to ICWA.  Prior to placing the child the CW workers involved consider:

(I) whether the child has family or other established connections in the community of placement, such as friends, school, and place of worship;

(II) the need for further diligent search efforts for relatives;

(III) placement with siblings or placement in close proximity to siblings;

(IV) the need to maintain the child's education in the same school district;

(V) the need for continuation of counseling and therapy with the same provider;

(VI) placement in close proximity to the parent(s), when reunification is the permanency plan; and

(VII) placement in accordance with the ICWA; and

(ii) in an emergency situation, such as a placement disruption after working hours, weekends, and holidays, makes every attempt to maintain the child in the county of placement in the approved alternate caregiver's home when appropriate, or in relative or kinship respite care until further assessment of the child's needs is conducted the next business day.  For example, the CW county of placement worker, places the child in a relative or kinship home, another foster home, or youth services shelter in or near the county of placement.

(B) Responsibilities of workers in any county do not end until the child is placed.  Transportation responsibilities from the county of placement are contingent upon the distance required to facilitate another placement.  When  the new placement is located in a county that is:

(i) closer to the county where the placement disrupted, the CW county of placement worker transports the child to the new placement; or

(ii) between the county of placement and jurisdiction, CW staff share or split the time involved in transporting the child.  CW staff in the county of the disrupted placement meet CW county of jurisdiction staff at an agreed upon location, between the county where the placement disrupted and the county in which the child will be placed.

4.   Notification to parents.  The parent, legal guardian, or custodian involved with the child and court case is informed of:

(1) all changes in the child's living arrangements;

(2) the address of the child's placement when case circumstances allow; and

(3) the child's location when needed for scheduled family visits or correspondence.
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Last Updated:  10/21/2011
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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