Oklahoma Department of Human Services
Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd. • Oklahoma City, OK 73105
(405) 521-3646 • Fax (405) 521-6684 • Internet: www.okdhs.org
 
340:75-19-20. Special procedures for placement of the Indian child in Oklahoma Department of Human Services custody in a tribal foster home or residential placement
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Revised 7-1-13


(a) Placement of the Indian child in Oklahoma Department of Human Services (OKDHS) custody in tribal foster home.  The Indian child in Oklahoma Department of Human Services (OKDHS) custody may be placed in a tribal foster home with permission of the applicable tribal child welfare program. 

(b) Placement of the Indian child in OKDHS custody in residential placement. Section 1915 of Title 25 of the United States Code (25 U.S.C. § 1915) provides as a last placement preference for the Indian child in foster care or pre-adoptive placement who is in OKDHS custody, placement in an institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs.

 

INSTRUCTIONS TO STAFF 340:75-19-20

 

Revised 7-1-13

 

1.    Placement of the Indian child in a tribal foster home.

(1) The child's eligibility for services when placed in a tribal foster home is the same as if the child were placed in an Oklahoma Department of Human Service (OKDHS) foster home.

(2) OKDHS does not place the Indian child in a tribal foster home without the permission of the tribe and provides the tribe a copy of Form 04FC011E, Placement Agreement for Out-of-Home Care.

(3) When locating an appropriate placement for the child, the child welfare (CW) specialist:

(A) has primary responsibility for the provision of services for the Indian child in OKDHS custody per OAC 340:75-6; and

(B) coordinates placement efforts with the child's tribe.

(i) The first order of placement preference is the child's extended family. 

(ii) When extended family is not available for placement, the CW specialist inquires about available tribal foster homes.

(iii) Decisions regarding placement of the child in OKDHS custody is a joint effort between the child's tribe and the CW specialist; however, OKDHS bears the responsibility for the child's placement.

(C) staffs the child's placement needs with the Indian child welfare (ICW) worker to locate an appropriate placement.

(D) reviews the identified tribal foster resource home file to determine whether the tribal foster resource home meets the child's needs.

(E) Before before placing an OKDHS custody the child in a tribal foster resource home, checks the Child Abuse and Neglect Information System or KIDS and the OKDHS Information Management System (IMS) for information regarding the tribal foster family. 

(F) when a proposed placement cannot meet the child's needs such as, but not limited to, reunification, the CW specialist discusses the reason with the ICW worker and documents the reason for declining the placement in the KIDS case.  The CW specialist asks the ICW worker to assist with locating another placement resource. 

(G) when the proposed placement can meet the child's needs, places the child in the tribal foster resource home and provides the same information to the tribal foster resource home as is required to be provided to an OKDHS foster resource family per OAC 340:75-6-40.2.  When the proposed placement is located in a different district, the CW specialist assigned to the child:

(i) contacts the district where the tribal foster resource home is located prior to the placement of the child into the tribal foster resource home and inquires whether there are concerns regarding the tribal foster resource home considered for placement of the child in OKDHS custody;

(ii) when the out-of-district placement is selected, sends a secondary case to the district of the child's placement where direct services to the child and tribal foster resource home are provided by the CW specialist in the other district;

(iii) arranges for the provision of services by the secondary district;

(iv) continues to visit the child as required per OAC 340:75-6-48; and

(v) coordinates and communicates with the ICW worker to ensure that the tribal foster resource home and child receive needed services.

2.   Removal of Indian child in OKDHS custody from the tribal foster resource home.  When the state court orders removal of or OKDHS decides it is in the best interests to remove the child in OKDHS custody from the tribal foster home, the ICW worker and the foster parents are notified immediately.  Refer to OAC 340:75-6-86 for required notifications associated with the change in the child's living arrangements.

(1) The tribe assists with the removal of the child in OKDHS custody who is placed in a tribal foster home on tribal land.

(2) The child's removal is coordinated between the tribal Child Welfare worker and the CW specialist.

(3) Conflicts between the tribe and OKDHS are referred to the CW supervisor, who may refer the issue to the Child Welfare Services (CWS) Indian child welfare program manager.

3.   Placement of the Indian child in OKDHS custody in residential placement.

(1) Before an Indian child in OKDHS custody is placed into residential placement, all other preferable placement options are explored and documented.  Placement in a residential facility is considered when:

(A) other preferable placements are unavailable;

(B) the residential placement has a program that is suitable to the child's needs; and

(C) the facility has entered into a placement agreement with OKDHS.

(2) Unless a good cause finding is made by the court, the CW specialist continues to seek a placement of a higher preference and moves the child when a higher preference placement is appropriate and available to meet the child's needs.

4.   Procedures for placement of the Indian child in OKDHS custody into residential placement.  The CW specialist searches the KIDS system to determine whether the proposed residential placement is a resource.

(1) Resource on KIDS.  When the resource is on the KIDS system, the CW specialist updates information in the child's KIDS case record to ensure that Form 04K1010E, Placement Worksheet, is accurate and complete.

(A) The CW specialist makes the request for placement on the Placement Recommendation screen and documents the attempts to comply with the placement preferences of the Indian Child Welfare Act (ICWA) on the Placement Recommendation screen.

(B) The CW supervisor reviews the placement request and Placement Worksheet for accuracy and completion of information about the child and approves the placement request.

(C) The OKDHS tribal coordinator checks the Resource Unit Inbox daily for placement requests.  The CW specialist contacts the OKDHS tribal coordinator by telephone or e-mail to advise of the request.

(2) Resource not on KIDS.  When the resource is not on the KIDS system, the CW specialist contacts the OKDHS tribal coordinator.  The OKDHS tribal coordinator contacts the facility to discuss the facility's willingness to enter into a placement agreement and the terms of the placement agreement.

(3) Approval of resource.  The child may be placed in a residential facility when:

(A) there is an approved placement agreement with the facility;

(B) the facility is listed as a tribal residential resource; and

(C) the placement request is approved by the CFSD tribal coordinator.

 

Last Updated:  6/21/2013