OKDHS - 340:75-15-41.1. Adoption placement considerations

340:75-15-41.1. Adoption placement considerations

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• 1 through • 4

Issued 3-26-10

(a) Legislative intent. The intent of the Oklahoma Legislature is that every child be raised in a secure, loving home and that adoption is the best way to provide a permanent family for a child whose biological parents are not able or willing to provide for the child's care or whose parents believe the child's best interest are served through adoption, per Section 7501-1.2 of Title 10 of the Oklahoma Statutes (10 O.S. § 7501-1.2).

(b) 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] • 1

(c) 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.

(d) 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

(e) 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] • 2

(f) Child's placement preference. 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.

(g) 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 (1) of this Subsection. 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.

(h) 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. The court must take into account the statutory factors to make the determination including, but not limited to, the age and preference of the child and the long-term best interests of the child. • 3

INSTRUCTIONS TO STAFF 340:75-15-41.1

Revised 12-15-11

1.   Siblings. Siblings are placed together when possible unless a joint placement is contrary to the safety or well-being of any of the siblings. A foster parent who wishes to adopt a child in his or her care is advised that Oklahoma Statutes and Oklahoma Department of Human Services (OKDHS) rules supporting sibling relationships extend to adoption, when the child is part of a sibling group. Siblings are separated in adoptive placement only in certain circumstances in accordance with OAC 340:75-6-85.3.

2.   Applicant's age. When the age difference between the applicant and child is more than 55 years, the child welfare field liaison (CWFL) and Children and Family Services Division (CFSD) Adoption Services Section are consulted.

3.   Drug related offenses. An alcohol-related felony conviction is a drug related offense and bars a person from approval as an adoptive parent, when the conviction occurred within five years proceeding the application date.

4.   Application to adopt by a foster parent or relative.

(1) Foster parent or relative inquiry. When a foster parent or relative expresses interest in adopting a child in his or her care, a criteria staffing is held and Form 04AN020E, Adoption Placement Criteria Staffing, is completed, per OAC 340:75-15-6, to determine whether an adoptive family assessment is completed.

(2) Conversion assessment or Bridge resource family re-assessment. The conversion resource family assessment begins with a review of the current resource family assessment for foster care. The conversion assessment is completed according to Form 04AF002E, Guidelines for Resource Family Assessment - Bridge Family Profile, or Form 04AF029E, Bridge Resource Family Re-assessment Guide, when an integrated assessment has previously been completed within 60 calendar days of the referral to the resource family assessment contractor.

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