OKDHS.org - OAC 340:75-15-41. Adoptive placement criteria staffing

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340:75-15-41. Adoptive placement criteria staffing

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Revised 5-15-09

The adoption process is a team effort that includes the adoption specialist and supervisor, adoption transition specialist and supervisor, Child Welfare (CW) worker and supervisor, and service providers.

(1) Adoption consultation. No later than 30 calendar days after a child's name first appears on the report that lists children with a permanency plan of adoption, or after e-mail notification from a CW supervisor is received, the adoption specialist and CW worker participate in an adoption consultation. • 1
(2) Criteria staffing. Within 14 days of the filing of a termination petition, the CW worker completes Form 04AN020E, Adoptive Placement Criteria Staffing, for any child with the goal of adoption to assist in determining the type of placement that best meets the child's needs and to ensure that every effort is made to place with family. The assessment may identify a prospective adoptive parent(s)' ability to meet the child's needs and addresses the legal status and any legal barriers to adoption.
(3) Placement assessment. Completion of the adoptive placement criteria staffing is not approval for adoptive placement. A child for whom there is no resource identified is referred to statewide adoption staffing. • 1 Form 04AN020E is completed for the child on all interested, prospective caregivers. Factors considered when identifying the placement that best meets the child's needs are described in (A) through (J).
- (A) Siblings. Siblings are placed together when possible unless a joint placement would be contrary to the safety or well-being of any of the siblings. Siblings are separated in adoptive placement only in certain circumstances, in accordance with OAC 340:75‑6-85.2 and 340:75-15-43.
- (B) Attachment. The attachment of the child to the siblings, foster family, and significant others is assessed and used as an indicator of the child's ability to attach to an adoptive family. • 2
- (C) Age. Age is evaluated in relation to the applicant's ability to parent the child into adult years. • 3
- (D) Health. The health records of the prospective adoptive applicant must indicate the applicant has the health to participate with the child in normal developmental activities and parent the child into adult years.
- (E) Culture. Oklahoma Department of Human Services (OKDHS) does not rely on generalizations about the identity needs of children of a particular race or ethnicity. OKDHS does not presume from the race or ethnicity of the prospective adoptive applicant that he or she would be unable to maintain the child's ties to another racial, ethnic, or cultural community.
- (F) Adoption of an Indian child. The child who meets the definition of an Indian child under the federal and state Indian Child Welfare Act (ICWA), Section 1901 of Title 25 of the United States Code and Section 40 et seq. of Title 10 of the Oklahoma Statutes, must be placed according to the placement preferences per OAC 340:75-19-23. Prior to placing an Indian child in a non‑extended family or non‑Indian family, the child's CW worker must request that the court of adjudication conduct a good cause hearing. ICWA requires that:
  - (i) a good cause hearing is set;
  - (ii) prior notice is given to all parties, including the tribe; and
  - (iii) the court make a finding that good cause exists to not follow the placement preferences of ICWA.
- (G) Religion. The child is provided an opportunity for spiritual and moral development. If the child has made a religious commitment or the parent(s) has made a specific request, OKDHS makes a reasonable effort to find an adoptive family of like faith.
- (H) Language. If the child's primary language is other than English, special consideration is given to identifying an adoptive family fluent in the same language as the child, including sign language for a child who is hearing impaired.
- (I) Education. The child is given the opportunity to develop his or her potential and will not be subjected to unrealistic academic expectations.
- (J) Resources. The adoptive family must have adequate resources to meet the child's financial, medical, health, educational, shelter, and emotional needs. Adoption assistance is a resource for the child who meets eligibility criteria, per OAC 340:75-15-128.

INSTRUCTIONS TO STAFF 340:75-15-41

Revised 5-15-09

1.   Adoption consultation. The adoption consultation is held to discuss:

(1) the child's legal status;

(2) if the child is not legally free for adoption, any barriers to termination of parental rights, and the anticipated date the child will be legally free;

(3) whether there are siblings, placement of the siblings, and whether there is a need to request separation of siblings, per OAC 340:75-15-43;

(D) results of diligent search and availability of relative placement;

(E) prospective adoptive caregiver, if applicable;

(F) date for criteria staffing and persons to invite to the criteria staffing;

(G) plan for copying the biological case;

(H) referral for Child Profile; and

(I) referral for medical records from Oklahoma Health Care Authority.

2.   Criteria staffing procedures.

(1) The adoption specialist schedules the time and place for the criteria staffing during the initial adoption consultation.

(2) Prior to the staffing, the Child Welfare (CW) worker and CW supervisor complete Form 04AN020E, Adoptive Placement Criteria Staffing, to the extent possible.

(3) The assigned court-appointed special advocate (CASA) reviews Form 04AN020E. Any additional information provided by CASA may be included on Form 04AN020E. The CW worker requests CASA sign Form 04AN020E indicating the opportunity to review the content and notification of the date, time, and location of the upcoming criteria staffing.

(4) The CW worker:

(A) notifies all appropriate participants of the criteria staffing.

(i) Recommended participants include the area adoption specialist, child's CW worker, CW supervisor, resource specialist, Developmental Disabilities Services Division (DDSD) case manager, therapeutic foster care (TFC) therapist, and tribal social worker.

(ii) Other persons with information that may assist in planning for the child are also invited, including, but not limited to, CW field liaison (CWFL) and SoonerStart and Office of Juvenile Affairs staff.

(iii) All participants are required to review and sign Form 04AN020E;

(B) attaches the most recent completed Permanency Planning Review form to Form 04AN020E;

(C) if the court of jurisdiction has given any specific direction or court order regarding adoptive placement of the child, attaches a copy of the court order or court minutes to Form 04AN020E. If not attached, it must be identified on Form 04AN020E as an action step with a due date;

(D) prior to submitting a request for separating siblings, staffs concerns regarding sibling placement and separation with the designated Children and Family Services Division (CFSD) Permanency Planning Section programs field representative.

(i) If this is not completed prior to criteria staffing, it must be identified on Form 04AN020E as an action step with a due date.

(ii) Requests to separate siblings for the purpose of adoptive placement must be submitted via e-mail to the Sibling Separation Requests folder in Outlook and approved by either the CFSD Sibling Separation Committee, or committee chair or designee;

(E) if Form 04AF004E, House Assessment, was previously completed for a relative of the child, attaches a copy of this form to Form 04AN020E. If not attached, it must be identified on Form 04AN020E as an action step with a due date; and

(F) conducts a thorough Child Abuse and Neglect Information System search for prospective resources identified.

(i) The results of all Child Protective Services investigations and assessments, including any policy violations and written plans of compliance, are included on Form 04AN020E.

(ii) If this is not completed prior to the criteria staffing, it must be identified on Form 04AN020E as an action step with a due date.

(5) The area adoption supervisor and CW supervisor review completed Form 04AN020E, including the documented action steps, and sign as mandatory reviewers of Form 04AN020E.

(A) If no areas of concern are identified, the adoption specialist proceeds with the child profile referral.

(i) If a resource for the child is identified, the resource assessment referral is made after Form 04AF001E, Bridge Resource Family Assessment Application, is received.

(ii) The CW worker notifies the identified resource of the results of the criteria staffing and that a referral for a resource family assessment will be made.

(B) If an area of concern or placement dispute is identified, the adoption specialist or area adoption supervisor promptly notifies CFSD Adoption Services Section. If no resolution is reached after review by the Adoption Services Section, the Adoption Services Section programs manager notifies the CWFL and county director that a grand staffing is needed.

3.   Child's ability to attach. The child's CW worker is aware that an indicator of success in adoption is the child's ability to attach. The child's CW worker solicits the cooperation and assistance of the foster family and other professionals, if indicated, to help the child accept adoption and transition into the placement.

4.   Age of applicant. When the age difference between the applicant and child is more than 55 years, the CWFL and Adoption Services Section are consulted.

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