CHAPTER 75. CHILD WELFARE
SUBCHAPTER 1. GENERAL PROVISIONS OF CHILD WELFARE SERVICES
PART 1. SCOPE AND APPLICABILITY
75-1-9. Legal base and authority
Revised
(a) Authority. The authority of the Oklahoma Department of Human Services (DHS OKDHS) to administer a Child Welfare (CW) program is based on the Oklahoma Social Security Act [Section 176 of Title 56, Oklahoma Statutes] which authorizes DHS OKDHS to provide . . . for the protection and care of homeless, dependent and neglected children, and children in danger of becoming delinquent.
(1) The Oklahoma Children's Code, Chapter 70 Article 1 of Title 1010A of the Oklahoma Statutes, provides the legal base for the care and custody of children.
(2) Federal laws and regulations under Titles IV-B, IV-E, V, VI, XIX, and XX of the Social Security Act, as amended, as well as decisions made by the Oklahoma Commission for Human Services, further define the scope and authority of services provided by CW.
(b) The Multiethnic Placement Act of 1994 and the Interethnic Adoption Provisions of 1996. The Multiethnic Placement Act of 1994 (MEPA), as amended by the Interethnic Adoption Provisions of 1996 (IEP), was enacted to eliminate discrimination on the basis of race, color, or national origin, in the placement of children in foster and adoptive resources, decrease the length of time that children wait to be adopted, and facilitate the identification, recruitment, and retention of foster and adoptive parents who can meet the distinctive needs of children awaiting placement. The MEPA/IEP prohibits states or agencies receiving federal funds from delaying or denying the placement of any child on the basis of the race, color, or national origin of the child or the prospective foster or adoptive parent.
(1) Placement considerations. Any consideration of race or ethnicity is narrowly tailored to advancing the child's best interests and is made as an individualized determination for each child. DHS OKDHS may not delay or deny the placement of a child for adoption or foster care on the basis of the race, color, or national origin of the child or the adoptive or foster parent. A child who meets the definition of an "Indian child" as per the Indian Child Welfare Act is placed according to the placement preferences. [OAC 340:75-7-10 and 340:75-19-14]
(2) Recruitment. MEPA/IEP requires that DHS OKDHS engage in active recruitment of potential foster and adoptive parents who reflect the racial and ethnic diversity of the children in care needing placement. A comprehensive recruitment plan is developed and updated annually. [OAC 340:75-15-82 and 340:75-7-10]
(c) The Adoption and Safe Families Act of 1997. The Adoption and Safe Families Act of 1997 (ASFA) was enacted to amend Title IV-B and Title IV-E of the Social Security Act. The act Act focuses on promoting child safety, timely decision making as to permanency, and clarifying "reasonable efforts." Key provisions of the law include:
(1) a clarification of "reasonable efforts," including a provision that reasonable efforts to reunify a child with his or her birth parent(s) or legal guardian(s) are not required if a court has determined that any of the conditions exist as set out in Section 7003-4.61-4-809 of Title 1010A of the Oklahoma Statutes;
(2) mandatory termination of parental rights in certain circumstances, including a requirement directing the initiation of termination proceedings prior to the end of the 15th month when a child has been in out-of-home care 15 of the most recent 22 months; and
(3) a requirement that a permanency hearing is held no later than every 126 months after a child is placed in out-of-home care or 30 days after a court determines that reasonable efforts to reunite a family return a child to either parent are not required and every 12 months thereafter.
340:75-1-12. Grievances
Revised
(a) Grievance rules. Sections 7004-3.41-9-112 and 72131-9-120 of Title 1010A of the Oklahoma Statutes, authorize the Commission for Human Services to establish and maintain a fair, simple, and expeditious system for the resolution of grievances for:
(1) individuals receiving services from DHS Oklahoma Department of Human Services (OKDHS);
(2) placement providers, or
(3) children in the custody of the Department OKDHS.
(b) Grievance subjects. Grievances may be regarding:
(1) the substance or application of any written or unwritten policy or rule of the Department OKDHS or of an agent of the Department OKDHS; or
(2) any decision or action by an employee or an agent of the Department OKDHS, or any child in the custody of the Department OKDHS. DHS clients and children committed to the Department's custody, as well as their caretakers, have access to procedures through which they can obtain a thorough review and correction, where appropriate, of problems they have.
(bc) Monitoring. The Department of Human Services ensures the quality of the system by maintaining The minimum standards of the grievance program and through an are maintained by ongoing monitoring program carried out by the OKDHS, Office of Client Advocacy.
340:75-1-12.6. Fair hearings
Revised
(a) The primary purpose of the fair hearing is to safeguard the rights of clients and provide recourse to address infractions of individual rights and interests. A fair hearing may be granted to the:
(1) foster parent when Oklahoma Department of Human Services (OKDHS):
(A) denies the foster parent's claim for foster care reimbursement;
(B) pays foster care reimbursement to the foster parent in a sum lower than the amount claimed;
(C) does not pay foster care reimbursement to the foster parent in a timely manner;
(D) closes the foster parent's home as indicated on Form DCFS-1704FC008E, Notice of Closure to OKDHS Foster Parents; or
(E) does not return a child in OKDHS custody removed from the foster parent's home due to a child abuse or neglect investigation as indicated on Form DCFS-1704FC008E, Notice of Decision Not to Return Child After Investigation; or
(2) adoptive parent when OKDHS:
(A) denies the adoptive parent's application for an adoption assistance payment as indicated on Form DCFS-5004AN011E, Request for Review of Denial;
(B) approves the adoptive parent's application for an adoption assistance payment in an amount less than requested; or
(C) delays or denies an authorized adoptive placement out-of-state with the adoptive parent, per OAC 340:75-15-47.
(b) Fair hearing requests regarding:
(1) adverse decisions on adoption assistance payments, are filed within 30 days of the date of the written notice of the adverse action per OAC 340:75-15-128: or
(2) closures of approved OKDHS foster homes, are processed per OAC 340:75-7-94 and OAC 340:2-5-94.
(c) Every effort is made at the local level to resolve matters that may evolve into requests for fair hearings. The Child Welfare (CW) worker and immediate supervisor meet informally with the foster or adoptive parents to clarify the basis for the decision that prompted them to inquire about a fair hearing.
(d) Information gathered for the fair hearing is provided to the OKDHS Legal Division Appeals Unit in accordance with Form H-1-A 13MP002E, Hearing Summary. ¢ 1 The appellant is given access, prior to the date of the hearing, to any information to be used in the hearing. Any information acquired after the notice of the adverse decision and after the request for the fair hearing may be used in the hearing process provided the appellant is notified of this information and of the intent to use it. Such information is made available to the appellant ten days prior to the hearing date. ¢ 2
(e) Rulings and issues resulting from findings made by the court are not appealable in the fair hearing process.
(f) Findings made pursuant to a Child Protective Services (CPS) appeal process are not subject to review in the fair hearing process.
INSTRUCTIONS TO STAFF 340:75-1-12.6
Revised
1. Hearing summary. The Child Welfare (CW) worker summarizes the relevant information on Form H-1-A, Hearing Summary, from the foster or adoptive home record and the CW case record, including information from Form CWS-KIDS-3, Report to District Attorney.
2. Report to District Attorney. Form CWS‑KIDS-304KI003E, Report to District Attorney, is not used in the fair hearing unless the administrative hearing officer (AHO) presiding over the fair hearing authorizes disclosure based on compelling reasons and pursuant to 10A O.S. 1-6-102 that requires a petition or motion be filed with the court describing with specificity the confidential records being sought and setting forth in detail the compelling reason why the inspection, release, or disclosure of confidential records should be ordered by the court. If Form CWS-KIDS-304KI003E is ordered disclosed, the CW worker redacts the name of the reporting party prior to giving it to the AHO for in camera review.
340:75-1-14. Legal system
Revised
(a) Overview of the courts. Two legal considerations are present in child abuse or neglect cases. First is protecting the child, which usually involves intervention by the juvenile court having jurisdiction over deprived matters. Second is possible criminal prosecution of the perpetrator when necessary.
(b) Juvenile Deprived proceedings. The focus of juvenile the court in cases of child abuse and neglect is on the welfare of the child in the total context of the family. This focus requires social service professionals and the court to work closely with one another toward the goal of protecting the child and in determining the appropriate response. Juvenile The court has a range of choices available to rehabilitate the family and protect the child. Attempts are made to avoid placing the child outside the home unless such placement is necessary to assure the safety and well-being of the child. Often the The court disposes of may enter orders in cases of child abuse or neglect by either sending returning the child home under DHS Oklahoma Department of Human Services (OKDHS) protective supervision of Oklahoma Department of Human Services (OKDHS) or by temporarily ordering the child placed out of the home until the parents are able to provide care and ensure the safety of behaviors of the parent(s) provide safety for the child. When the parents are unwilling or unable to provide care and protection for the child and the situation continues over a long period of time, or when certain circumstances exist which indicate the child can never be safely returned to the home, the court may permanently remove the child from the home and terminate parental rights.
(c) Criminal proceedings. The purpose of criminal proceedings is to prosecute individuals charged with crimes and, if found guilty, establish punishment. Criminal investigations are conducted by law enforcement officials who may arrest the suspect and refer the case to the district attorney for prosecution. Criminal The court has jurisdiction over the accused, but generally has no authority to make orders concerning the child victim. The criminal court may fine or imprison a defendant or may place the defendant on probation.
(d) Use of the court and legal process. Child Welfare's role is limited to making recommendations relative to juvenile when a child is alleged or found to be deprived and safety threats cannot be managed in the child's home without court intervention, while focusing on protection of the child and family rehabilitation.
(e) Guidelines for juvenile court intervention. A recommendation for court intervention is made when:
(1) the child is in surroundings which that are contrary to the child's welfare and continuation in the home or custody of the parent, or legal guardian, or custodians would present an imminent safety threat;
(2) there is confirmation of serious abuse or neglect and the alleged perpetrator continues to have involvement with the child; [OAC 340:75-3-11] and
(3) preplacement preventive efforts have failed and parents have not corrected the risk behaviors or conditions that jeopardize the safety of the child.
340:75-1-16. Custody hearings, placement hearings, and court orders
Revised 11-1-07
(a) Emergency custody hearing. ¢ 1
(1) Within two judicial days after a child is taken into emergency or protective custody as an alleged deprived child, the child's parent(s), legal guardian, or custodian is entitled to an emergency custody hearing, and thereafter at such intervals as determined by the court. At the hearing, the court:
(A) determines whether to place the child into, or continue the child in, emergency custody, if there is reasonable suspicion that the child is in need of immediate protection due to abuse or neglect or that circumstances or surroundings of the child are such that continuation of the child in the child's home is contrary to the health, safety, or welfare of the child; would present an imminent danger to the child;
(B) determines whether to release advises the child to the parent(s) parent, legal guardian, or custodian, or other responsible adult, with or without conditions as the court finds reasonably necessary to ensure the health, safety, or welfare of the child.
(i) When a child has been removed from the custodial parent and, in the best interests of the child, the court is unable to release the child to the custodial parent, the court gives priority for placement of the child with the noncustodial parent of the child unless such placement would not be in the child's best interests.
(ii) When the court cannot place the child, with the noncustodial parent, custody is awarded consistent with the preferences set forth in Section 21.1 of Title 10 of the Oklahoma Statutes, which are:
(I) grandparent;
(II) person indicated by deceased parent;
(III) relative;
(IV) person in whose home the child has been living in a wholesome and stable environment, including, but not limited to, a foster parent; or
(V) any other person deemed suitable by the court and able to provide adequate and proper care and guidance for the child
(iii) Every effort should be made to place a child with a member of the child's family in a safe and appropriate placement.
(iv) When custody of the child cannot be made pursuant to these preferences, the reason for such determination is documented in the court record.
(v) When the court returns the child to the custody of a parent, relative, or other responsible party, the court may order the Oklahoma Department of Human Services (OKDHS) to provide supervision of the child; and
in writing of:
(i) any right of the parent, legal guardian, or custodian to testify and present evidence at court hearings;
(ii) the right to be represented by an attorney at court hearings;
(iii) the consequences of failure to attend any hearings which may be held; and
(iv) the right to appeal and procedure for appealing an order of the court.
(C) determines custody of the child and orders:
(i) release of the child to the custody of the child's parent, legal guardian, or custodian from whom the child was removed under any conditions the court finds reasonably necessary to protect the health, safety, or welfare of the child;
(ii) placement of the child in the custody of a responsible adult or licensed child-placing agency under any conditions the court finds reasonably necessary to protect the health, safety, or welfare of the child; or
(iii) whether to continue the child in, or to place the child into, the OKDHS emergency custody of OKDHS.
(CD) obtains information from orders the parent, legal guardian, or custodian necessary to identify and locate kinship placement resources complete an affidavit listing the names, addresses, and phone numbers of any parent, whether known or alleged, grandparent, adult aunt, uncle, brother, sister, half-sibling, and first cousin, and provide comments concerning the appropriateness of the potential placement of the child with the relative. If no such relative exists, the parent, legal guardian, or custodian is required by the court to list any other relatives or persons with whom the child has had a substantial relationship or who may be a suitable placement for the child. The affidavit is filed with the court clerk no later than five days following the hearing, or as otherwise ordered by the court, and a copy is provided to OKDHS. OKDHS exercises due diligence to identify and provide notice to relatives as per OAC 340:75-6-85.2;
(DE) directs the parent, legal guardian, or custodian to furnish OKDHS with a copy of the child's birth certificate within fifteen days from the hearing if a petition is filed, unless otherwise extended by the court;
(D) requires OKDHS to provide to any custodian or other person caring for the child information on OKDHS programs available to the child; and
(EF) requires OKDHS to provide written notice of any further proceedings to any foster or preadoptive parents or relatives providing care for the child determines whether reasonable efforts have been made to place siblings, who have been removed, together in the same foster home, guardianship, or adoptive placement or provide frequent visitation or other ongoing interaction in the case of siblings who have been removed, and who are not placed together. ¢ 1
(2) The purpose of the emergency custody hearing is to show cause why the child was taken into custody or why custody should not return to the parent(s).
(A) An A prepetition emergency custody order for removal of removing a child from the home of the child must make is not entered unless the court makes a determination, per 10A O.S. § 1-4-201.D:
(i) that an imminent safety threat exists and continuation of the child in his or her home is contrary to the child's health, safety, or welfare or is in of the child's best interests child; and
(ii) whether reasonable efforts have been made to prevent removal were made or, in the absence of preventive efforts, if removal of the child is due to an emergency and is for the child's safety from the child's home; or [10 O.S. § 7003-2.4(G)(1)(a) through (d)]
(iii) an absence of efforts to prevent the removal of the child from the home of the child is reasonable because the removal is due to an emergency and is for the purpose of providing provides for the safety and welfare of the child.
(B) The judge may enter an order that reasonable efforts are not required, per OAC 340:75-1-18.4.
(C) The pre-adjudicatory emergency custody order may not remain in effect for more than 6090 calendar days following filing of the petition per 10A O.S. § 1-4-601 absent a showing that future extension is necessary to ensure unless extended by the court and the court issues a written order that extension is necessary to ensure the health, and safety, or welfare of the child and there exists: is in the best interests of the child.
(i) reasonable suspicion that the child would be in imminent danger if returned home; and
(ii) either an exceptional circumstance to support a continuance or the parties and the child's guardian ad litem agrees to such continuance.
(D) The emergency custody order expires 180 calendar days after removal of the child if the adjudicatory hearing is not held and custody is returned to the parent or legal guardian from whom the child was removed, or as otherwise directed by the court. However, the court does not lose jurisdiction over the parties, including the child, and the court may enter other orders the court deems necessary pending the adjudicatory hearing.
(b) Opportunity to be heard in placement and custody decisions. ¢ 1 & 2 At any hearing under the Oklahoma Children's Code for the purpose of determining the placement of a child or whether a child in the state's custody, whether protective, emergency, temporary, or permanent, is to be released from such custody, the court provides an opportunity for a representative from OKDHS, the current foster parent, guardian ad litem, and child, if of sufficient age, to present sworn testimony regarding this placement or release. [1010A O.S. § 7003-6.2A1-4-802]
(1) The Child Welfare (CW) worker may be cross-examined by the court and the parties to the case.
(2) The hearing is on the record and the court must issue a written finding.
(3) OKDHS does not have the same right to be heard when the district attorney is declining to file a petition and the child is released by operation of law.
(c) Objection to release from the state's custody and review of court order. ¢ 1 At any hearing where a child is to be released from the state's custody, whether protective, emergency, temporary, or permanent custody, a determination must be made about whether the court order releasing the child from the state's custody creates a serious risk of danger to the health or safety of the child. The DA and attorney for the child may make an objection to the release of a child from the state's custody. The court is required to stay the order when the DA or attorney for the child objects, pending the filing of an application by the objecting party. When verbal notice of an objection is given, the procedure in (1) through (3) of this subsection is followed.
(1) The party giving notice of objection and intention to seek review of the court order files with the presiding judge of the administrative judicial district, within three judicial days from the custody order, a written application to review the order.
(2) If the written application is not filed timely or a written notification is received that the objection is withdrawn, the objection is considered abandoned and the stay is lifted.
(3) When the application is filed timely, the presiding judge of the administrative judicial district assigns a juvenile judge within the judicial district to complete a review of the order.
(A) The review is completed within five judicial days of the filing of the written application for review.
(B) When there is no finding of serious risk of danger, the reviewing judge orders the stay lifted and the child released according to the order under review.
(C) When the reviewing judge finds a serious risk of danger, the court issuing the order under review is required to enter another order. [10 O.S. § 7003-6.2 10A O.S. § 1-4-801]
(d) Directed placement not allowed. ¢ 1 & 4 If the court determines it would be in the best interests of a child, the court may place the child in the legal custody of OKDHS. If the child is placed in OKDHS custody, the court may not direct OKDHS to place the child in a specific home or placement but may approve or disapprove a specific placement if the placement does not conform to statutory requirements and the best interests of the child. [10A O.S. § 1-4-803]
(e) Right to be heard. A right to be heard at all proceedings is provided by the court to the current foster parent of a child, the child's guardian ad litem, and to any preadoptive parent or relative providing care for the child. Such notice and right to be heard is not construed as requiring any foster parent, preadoptive parent, or relative be made a party to such action.
INSTRUCTIONS TO STAFF 340:75-1-16
Revised 11-1-07
1. (a) OKDHS Legal Division assistance. When a question is not satisfactorily resolved by reference to Oklahoma Department of Human Services (OKDHS) policy or interpretation of policy, a request for formal legal opinion is submitted to OKDHS Legal Division, as provided in OKDHS:2-25-3. Requests for informal legal opinions and advice or assistance on individual case problems are, when time permits, made by or after consultation with administrative, program, or supervisory staff.
(b) Prompt consultation. Circumstances that require prompt consultation between a Child Welfare (CW) worker and an attorney are not delayed by contacts with supervisory or other staff, who are contacted as soon as possible thereafter. Examples of such circumstances include:
(1) a request, by the court, the district attorney (DA), the child's attorney, or a parent's attorney, for the position of OKDHS on a question of law or for legal action by OKDHS made in the course of a hearing or proceeding before the court;
(2) the issuance of an order or directive from the court requiring the provision of a service or other action by OKDHS within a short time and the service or action cannot be provided because it is not authorized by law, conflicts with OKDHS policy, or is impossible to provide or perform within the time allowed;
(3) obstruction of a mandatory Child Protective Services (CPS) investigation or necessary and authorized CPS investigative procedures. Reasonable requests by the DA or law enforcement officers aimed at advancing a criminal investigation and planned multidisciplinary team activities that alter normal investigative protocols do not constitute obstruction per OAC 340:75-3-5(d)(2) and 340:75-3-8.4; and
(4) receipt of work-related legal process, such as a summons or notice, per OAC 340:75-1-45.
(bc) Notice of hearing. The Child Welfare (CW) county of jurisdiction worker or the preadoptive parent's adoption specialist:
(1) provides KIDS generated Form 04MP030E, Hearing Notification, to the current foster or preadoptive parent, or relative no later than 15 days after the hearing is set;
(2) if the child moves after the notification has been provided, prints Form 04MP030E from the Reports icon and provides to the current foster parent, preadoptive parent, or relative no later than ten working days prior to the court hearing;
(3) if the hearing date changes, updates the Court Hearing Detail screen and provides the KIDS generated Form 04MP030E to the current foster parent, preadoptive parent, or relative no later than ten working days prior to the hearing; and
(4) documents in KIDS Contacts screen when and how Form 04MP030E was delivered.
2. Opportunity to be heard in release from custody and placement decisions. The CW worker asks the DA for the opportunity to be heard by requesting to testify on the record. If the DA declines, the CW worker directly requests from the court the opportunity to be heard on the record prior to conclusion of the hearing.
(1) If the court refuses to provide an opportunity to be heard, the CW worker advises the CW supervisor, who contacts the OKDHS Legal Division.
(2) Release from OKDHS custody but supervision ordered. When the court releases a child from OKDHS custody and orders OKDHS to continue to supervise the child's placement, the CW worker:
(A) does not recommend that OKDHS be relieved of supervision;
(B) closely supervises the child's placement; and
(C) documents any concerns for the court.
43. Protocol for challenging a court-ordered directed placement. If the court is believed to have exceed exceeded its authority by ordering OKDHS to place a child in OKDHS custody in a specific home or placement contrary to the recommendation of OKDHS, the procedure in (1) through (4) is followed.
(1) The CW worker immediately after the hearing consults with the supervisor, CD, and CWFL to determine whether OKDHS will initiate legal action to challenge the court order.
(2) If the decision is made to initiate legal action to challenge the court order, the CD immediately notifies the area director and OKDHS Legal Division.
(3) The OKDHS Legal Division consults with the Human Services Centers chief operating officer to make a determination as to the appropriate legal action warranted by the facts and circumstances of the case, including contacting the court and counsel for the parties, preparing appropriate motions to stay, reconsider, or vacate the order, preparing an application for new hearing, or preparing petitions or applications for appellate court relief or intervention.
(4) The OKDHS Legal Division notifies the CD of the decision and, if necessary, takes the appropriate legal action necessary to challenge the court-ordered directed placement.
340:75-1-17. Adjudicatory hearing
Revised 11-1-07
(a) Adjudicatory hearing. The adjudicatory hearing is a proceeding in which the district attorney, representing the State, must prove that the allegations of the deprived petition are supported by evidence and whether the child should be adjudged a ward of the court. Oklahoma Statutes provide that pre-adjudicatory custody orders are in effect for only a 60 day period. An extension can be ordered by the court after the court has been shown that further extension is necessary to insure the health, safety, or welfare of the child and is in the best interests of the child. In such cases where the district attorney has requested in the petition that reasonable efforts are not required, a finding of such may be made by the court. The hearing must be held per 10A O.S. § 1-4-601. At any time prior to or following the adjudicatory hearing, the court, on its own motion or upon the motion of a party, may find that reasonable efforts are not required. A permanency hearing is required within 30 days after the court has made a determination that reasonable efforts are not required. The order of adjudication must include a statement that advises the parents, legal guardians or custodians that failure to comply with the requirements of the court may result in the loss of custody of the child or the termination of their parental rights.
(b) Notification of hearing. Prior written notice of the hearing, Form 04MP030E, Hearing Notification, is provided by OKDHS to the current foster parent of the child, any preadoptive parent or relative providing care for the child. A right to be heard is provided by the court to the current foster parent of the child, any preadoptive parent or relative providing care for the child. A right to be heard is not construed as requiring any foster parent, preadoptive parent, or relative be made a party to such action per OAC 75-1-16(e). ¢ 1
INSTRUCTIONS TO STAFF 340:75-1-17 [REVOKED]
Revised 11-1-07
1. Notice of hearing. The Child Welfare (CW) county of jurisdiction worker or the preadoptive parent's adoption specialist:
(1) provides KIDS generated Form 04MP030E, Hearing Notification, to the current foster or preadoptive parent, or relative no later than 15 days after the hearing is set;
(2) if the child moves after the notification has been provided, prints Form 04MP030E from the Reports icon and provides to the current foster parent, preadoptive parent, or relative no later than ten working days prior to the court hearing;
(3) if the hearing date changes, updates the Court Hearing Detail screen and provides the KIDS generated Form 04MP030E to the current foster parent, preadoptive parent, or relative no later than ten working days prior to the hearing; and
(4) documents in KIDS Contacts screen when and how Form 04MP030E was delivered.
340:75-1-18. Dispositional hearing
Revised 5-15-09
(a) Dispositional hearing. After a child is adjudicated deprived, the court holds a dispositional hearing, per Section 7003-5.5 of Title 10 1-4-706> of Title <10A of the Oklahoma Statutes. The court must enter a dispositional order on the same day or within 40 days of adjudication, unless the court finds on the record that the child's best interests are served by granting a delay.
(1) If the court grants a delay, the court must state why the delay is necessary and the minimum amount of time needed to resolve the reasons for delay and schedule the hearing at the earliest possible time following the delay.
(2) If the child is removed from the parent(s)' custody, the court or the Oklahoma Department of Human Services (OKDHS), as applicable, immediately, and in an ongoing manner for as long as a permanency plan of reunification is not achieved, considers concurrent permanency planning to ensure permanency for the child at the earliest opportunity. Identification of appropriate in-state and out-of-state placement should be made so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child. ¢ 1
(b) Dispositional hearing purpose. The purpose of the dispositional hearing is to determine the service individualized needs of the child and family and custody of the child during the deprived case. The court considers all evidence that is helpful in determining the disposition that is in the child's best interests.
(1) At the hearing, the recommended treatment and individualized service plan is presented to the court. The judge makes the final decision regarding whether the proposed treatment and individualized service plan is accepted and whether a court order is issued regarding compliance with any or all recommendations. The family is ultimately responsible for only those recommendations that are court-ordered, per OAC 340:75-6-40.4.
(2) The dispositional order includes a statement informing the child's parent(s) that the consequences of non-compliance with the court's requirements may include, as applicable, loss of custody of the child or termination of the parent(s)' rights to the child. If reasonable efforts are required for the return of the child to the child's home, the parent(s) of the child must be given at least three months to correct conditions that led to the adjudication of the child, prior to requesting termination of parental rights.
(3) The dispositional order is reviewed by the court at least once every six months until:
(A) behaviors, conditions, or both that caused the child's adjudication are corrected addressed and the child has been reunified with a parent, or legal guardian;
(B) the parent(s)' rights to the child are terminated and a final adoption is decreed;
(C) permanent care and custody guardianship of the child is awarded to another person or a kinship guardian is granted; or
(D) the court terminates jurisdiction.
(c) Special rules regarding custody orders. Before placing custody of a child with the parent(s), legal guardian, legal custodian, or other suitable person, the court must consider the order of custody preference and the person's background, per Sections 21.1 and 7003-8.1 of Title 10 of the Oklahoma Statutes.
(1) Order of custody preference. Court Orders regarding custody or guardianship. Every effort is made to place a child with a member of the child's family in a safe and appropriate home. When a child is removed from the custodial parent and the court, in the child's best interests, is unable to release the child to the custodial noncustodial parent, or, as the next priority preference, give placement is given to the noncustodial parent, custody is awarded, per Section 21.1 of Title 10 of the Oklahoma Statutes >, to a:
(A) a grandparent;
(B) person indicated by wishes of a deceased parent;
(C) relative of either parent;
(D) person in whose home the child has been living in a wholesome and stable environment; or
(E) any other person deemed by the court to be suitable. If the court determines custody of the child cannot be made according to the order of preference, the court must document the reasons in the court record. relatives and persons who have a kinship relationship with the child. OKDHS reports to the court the diligent efforts made to secure the placement. In cases where the Indian Child Welfare Act applies, the placement preferences of the act are followed.
(2) Background considerations. The court is prohibited from placing or awarding custody of a child with a person who is subject to the Oklahoma Sex Offender Registration Act or with a person who is married to or living with a person who is subject to the Oklahoma Sex Offender Registration Act.
(A) "Person" does not include a parent, legal guardian, or legal custodian of a child.
(B) Before awarding custody, the court must inquire whether the person has been previously convicted of any felony, relevant misdemeanor, or has such charges pending. A person requesting custody must respond to the court's inquiry by affidavit or sworn testimony and provide the court with an Oklahoma criminal history record.
(3) Presumptions against placement. Custody or visitation with a child is not granted to any person if the custody or visitation established will likely expose the child to a foreseeable risk of material harm. There is a rebuttable presumption that it is not in the child's best interests to have custody or visitation granted to a person who:
(A) is or has been subject to, or resides with anyone who is subject to the Oklahoma Sex Offender Registration Act;
(B) was convicted of or resides with a person who was convicted of a crime of child abuse, neglect, or of a sexual nature;
(C) was convicted of or resides with a person who was convicted of domestic abuse within the past five years; or
(D) is found alcohol or drug dependent by clear and convincing evidence and expected in the near future to inflict or attempt to inflict serious bodily harm to self or others as a result of dependency.
(d) Dispositional options. Subject to the conditions and restrictions per OAC 340:75‑1-18(c), the court makes one or more dispositional orders, including Section 1-4-707 of Title 10A of the Oklahoma Statutes permits the following kinds of dispositional orders:
(1) placing the child under protective supervision by OKDHS in the child's own home with the child's custodial parent, or legal guardian, or legal custodian from with whom the child was removed, or placement with the noncustodial parent residing at the time the events or conditions arose that brought the child within the jurisdiction of the The court, subject to conditions as the court may specify conduct prescribe that would reasonably prevent the child from continuing to be followed by the parent and any other adult in the home deprived. Supervision by OKDHS may not exceed remains in effect for one year unless extended or reduced by the court in appropriate circumstances;
(2) placing the child with a suitable person including a grandparent, relative, or other person specified in OAC 340:75-1-18(c)(1) non-custodial parent, if available, upon the completion of a home assessment, and order:
(A) the non-custodial parent to assume sole custodial responsibilities for the child with reasonable visitation and payment of child support by the child's other parent, and terminate the court's jurisdiction by entering a final permanency order; or
(B) the non-custodial parent to assume custody of the child under protective supervision by OKDHS; and order:
(i) reunification services be provided to the parent, or legal guardian, from whom the child has been or is being removed;
(ii) services be provided solely to the parent who is assuming physical custody of the child to allow the parent to later obtain legal custody without court supervision; or
(iii) services be provided to both parents, in which case, the court determines at a subsequent review hearing which parent, if either, will have custody of the child;
(C) the alleged father to cooperate in establishing paternity, as a condition for the child's continued placement in the alleged father's home, if the court orders the child into the home of a father whose paternity has not been established;
(D) a party, or other person living in the home vacate the child's home indefinitely, or for a specified period of time within 48 hours of issuing the order;
(E) a party, a parent, or a legal guardian of the child prevents a particular person from having contact with the child.
(3) placement of if the court is unable to place the child in the custody of a private institution or agency home of a parent, placing temporary custody of the child with a relative as specified in Section 1-4-204 of Title 10A of the Oklahoma Statutes, subject to the conditions and restrictions specified in Section 1-4-705 of Title 10A. In determining whether to place temporary custody of the child with a relative, the court may consider;:
(A) the physical, psychological, educational, medical, and emotional needs of the child;
(B) the wishes of the parent, the relative, and child, if appropriate;
(C) whether placement of the siblings and half-siblings can be made in the same home;
(D) the background information of the relative and any other person living in the home, including whether any such person has a prior history of violence, acts of child abuse or neglect, or any other background that would render the home unsuitable;
(E) the nature and duration of the relationship between the child and the relative, and the relative's desire to care for and to provide long-term permanency for the child if reunification is unsuccessful; and
(F) the ability of the relative to;
(i) provide a safe, secure, and stable environment for the child;
(ii) exercise proper and effective care and control of the child;
(iii) provide a home and the necessities of life for the child;
(iv) protect the child from his or her parents;
(v) facilitate court-ordered reunification efforts with the parent;
(vi) facilitate visitation with the child's siblings and other relatives; and
(vii) arrange appropriate and safe child care, if necessary.
(4) ordering placing the child to receive counseling in a private institution or other community-based services agency, including any institution established and operated by the county, authorized to care for children or to place them in family homes; or
(5) committing placing the child to in the custody of OKDHS. OKDHS makes an individualized determination in selecting a placement for a child based upon the child's best interest and permanency plan, utilizing:
(A) a home or facility that meets the preferences specified by the state and federal Indian Child Welfare Acts, when applicable;
(B) the home of a non-custodial parent;
(C) the home of a relative approved by OKDHS;
(D) the home of a non-relative kinship family approved by OKDHS;
(E) an approved foster home where the child was previously placed
(F) a suitable non-kinship foster family approved by OKDHS;
(G) a suitable licensed group home for children; or
(H) an independent living program.
(6) ordering the parent, legal guardian, legal custodian, stepparent, or other adult living in the home, or other person or agency receiving custody of the child, to follow any treatment and individualized service plan prescribed by OKDHS;
(7) ordering a child's permanent care and custody transferred guardianship to another person upon the written consent of the parent(s) of the child, per OAC 340:75-1-18.2 be established per Section 1-4-709 of Title 10A of the Oklahoma Statutes;
(8) ordering a child's permanent care and custody transferred to a kinship guardian, per OAC 340:75-1-18.3; and
(9) dismissing the petition and terminating its jurisdiction at any time for good cause when in the child's best interests.
(e) Additional court determinations. The court makes a determination whether:
(1) reasonable efforts:
(A) have been made to reunite the child with his or her family; however, the period for reunification services may not exceed 17 months from the date the child was initially removed from the child's home, unless the court finds compelling reasons to the contrary;
(B) are no longer feasible and are being made to secure an alternate permanent placement inconsistent with the permanency plan for the child;
(C) have been taken to finalize the permanent placement of the child including, if appropriate, through an interstate placement; or
(D) to reunite the child with the family are not required, per OAC 340:75-1-18.4; and
(2) an out-of-home placement continues to be appropriate and in the child's best interests; and
(3) services provided to assist any youth, 16 years of age or older, in the transition from out-of-home care to independent living are appropriate.
(3) to place siblings, who have been removed, together in the same foster care, guardianship, or adoptive placement and provide for frequent visitation or other ongoing interaction in the case of siblings, who have been removed, and are not placed together.
(f) Notification of hearing. Prior written notice of the hearing, Form 04MP030E, Hearing Notification, is provided by OKDHS to the current foster parent of the child, any preadoptive parent or relative providing care for the child. A right to be heard is provided by the court to the current foster parent of the child, any preadoptive parent or relative providing care for the child. A right to be heard is not construed as requiring any foster parent, preadoptive parent, or relative be made a party to such action. ¢ 2
INSTRUCTIONS TO STAFF 340:75-1-18 No ITS revisions
Revised 5-15-09
1. Concurrent permanency planning. Concurrent planning provides for reunification services while simultaneously developing an alternative plan if reunification efforts fail or are no longer feasible. Concurrent planning is required in cases where current or historical familial circumstances indicate a poor prognosis for reunification, per Form 04MP040E, Concurrent Planning Determination Tool. Efforts are made early in the case process to determine the most appropriate placement for the child. When a petition to terminate parental rights is filed, the Child Welfare (CW) worker actively pursues either the previously determined concurrent plan or appropriate alternate permanency plan, as applicable. If the plan is adoption, the CW worker ensures the identification, recruitment, and processing of a qualified adoptive family for the child is completed in a timely manner. Questions to consider when determining the appropriateness of the placement are listed in (1) through (4).
(1) Are the siblings placed together?
(2) Is the child located in his or her own community, school district, or within close proximity of close family attachments?
(3) Are appropriate services available and readily accessible?
(4) Will this placement be able to provide permanency if efforts to reunite are unsuccessful?
2. Notice of hearing. The Child Welfare (CW) county of jurisdiction worker or the preadoptive parent's adoption specialist:
(1) provides KIDS generated Form 04MP030E, Hearing Notification, to the current foster or preadoptive parent, or relative no later than 15 days after the hearing is set;
(2) if the child moves after the notification has been provided, prints Form 04MP030E from the Reports icon and provides to the current foster parent, preadoptive parent, or relative no later than ten working days prior to the court hearing;
(3) if the hearing date changes, updates the Court Hearing Detail screen and provides the KIDS generated Form 04MP030E to the current foster parent, preadoptive parent, or relative no later than ten working days prior to the hearing; and
(4) documents in KIDS Contacts screen when and how Form 04MP030E was delivered.
340:75-1-18.1. Permanency hearings
Revised 5-15-09
(a) Permanency hearing. State and federal law determine the requirements for permanency hearings.
(1) When a child has been in out-of-home care for 12 months or longer, the court may require that the Oklahoma Department of Human Services facilitate a meeting held no later than 30 days prior to the permanency hearing to discuss recommendations regarding the child's permanency plan that will be reported to and reviewed by the court. The court may direct the assigned guardian ad litem, which may be a court-appointed special advocate, if any, a judicial case manager, or OKDHS to make arrangements for the meeting. The foster parents of the child, the parents of the child, or the parents' attorney, a post-adjudication review board member, the guardian ad litem who has been appointed to the case, the child, and others as appropriate, and the child's attorney are contacted to assist in the preparation of the report; provided, however, persons determined not to require reasonable efforts pursuant to the provisions of Section 1-4-809 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-809) are not be required to attend.
(2)The judge conducts the hearing and makes determinations, per Section 7003-5.6d of Title 1010A O.S. § 1-4-811 of the Oklahoma Statutes. Oklahoma Department of Human Services (OKDHS) Child Welfare (CW) workers are responsible for providing the court with the necessary information to conduct the hearing. A permanency hearing is held for any case regarding a child alleged or adjudicated deprived. At the request of a party, OKDHS, or the court, the initial and subsequent permanency hearings may be held more frequently, but no later than:
(1)(A) six months from the date of the child's placement in out-of-home care and every six months thereafter; and
(2)(B) 30 days after a determination that reasonable efforts are not required and every six months thereafter per 10A O.S. 1-4-811. ¢ 1
(b) Permanency report.
(1) Prior to a permanency hearing, the CW worker prepares a report regarding the child for the court's review by contacting:
(A) the child's current foster parent;
(B) the parent(s) or parent(s)' attorney;
(C) a post adjudication review board (PARB) member;
(D) the child's guardian ad litem, if applicable; and
(E) the child's attorney.
(2) Information gathered from these persons is used by the CW worker to assist in the preparation of Form CWS-KIDS-1104KI009E, Court Report, or CWS-KIDS-25 04KI014E, Individualized Service Plan (ISP) Progress Report, as applicable. The applicable court report includes, at a minimum, the:
(A) efforts and progress demonstrated by the child's parent(s) to complete an individual treatment and individualized service plan;
(B) extent to which the parent(s) or legal guardian cooperated and used the services provided; demonstrate behavior changes that will alleviate safety threats to the child;
(C) status of the child, including the child's mental, physical, and emotional health;
(D) permanency plan for the child and, if the child is age 16 or older, the independent living plan; and
(E) in and out-of-state placement options considered for the child. ¢ 2
(c) Notification of hearing and right to be heard. Prior written notice of the hearing, Form 04MP030E, Hearing Notification, is provided by OKDHS to the current foster parent of the child, any preadoptive parent or relative providing care for the child. A right to be heard is provided by the court. Such notice and right to be heard is not construed as requiring any foster parent, preadoptive parent, or relative be made a party to such action. ¢ 3
(d) Court jurisdiction to finalize child's permanent plan. The judge presiding over the deprived case also has authority to make final determination in the matter and preside over any separate action necessary to finalize a child's permanency plan, including an adoption, guardianship, or other custody proceeding.
INSTRUCTIONS TO STAFF 340:75-1-18.1
Revised 11-1-07
1. Permanency hearing.
(1) Oklahoma statutes. The exact wording of the statute regarding permanency hearings is found in Section 7003-5.6d of Title 10 1-4-811 of Title 10A of the Oklahoma Statutes online at www.oscn.net.
(2) Requests. The Child Welfare (CW) worker requests on Form 04KI009E CWS-KIDS-11, Court Report, or Form 04KI014E CWS-KIDS-25, Individualized Service Plan (ISP) Progress Report, as applicable, in the Recommendations section, that the court set a permanency hearing no later than six months from the child's placement in out-of-home care. This recommendation is made on Form 04KI009E CWS-KIDS-11 or Form 04KI014E CWS-KIDS-25 for any hearing held prior to the permanency hearing due date.
(3) Court orders. Within 30 days after the permanency hearing, the CW worker provides the court order to the custody specialist to ensure continuation of the child's Title IV-E eligibility.
2. Placement options. In the case of a child who will not be returned to a parent, the CW worker informs the court of the in-state and out-of-state placement options that have been considered.
3. Hearing notification. The CW county of jurisdiction worker or the preadoptive parent's adoption specialist:
(1) completes Form 04MP030E, Hearing Notification, and mails or hand-delivers to the current foster parent, preadoptive parent, or relative caring for the child no later than 15 days after the hearing is set;
(2) if the child moves after the notification is provided, copies Form 04MP030E completed for the hearing and mails or hand-delivers the copy to the current foster parent, preadoptive parent, or relative no later than seven days prior to the court hearing;
(3) if the hearing date changes, updates the Court Hearing Detail screen and provides the KIDS generated Form 04MP030E to the current foster parent, preadoptive parent, or relative no later than ten working days prior to the hearing; and
(4) documents in KIDS Contacts screen when and how Form 04MP030E was delivered.
340:75-1-18.2. Permanent care and custody transferred to another person [REVOKED]
(a) The court can order a child's permanent care and custody transferred to another person subject to the residual parental rights and responsibilities [OAC 340:75-6-4] and such orders of the court as deemed necessary for the health, safety, or welfare of the child, upon the written consent of the parents of the child or upon the consent of one parent only if:
(1) the other parent is deceased;
(2) the other parent has been determined incompetent or incapacitated by a court of law;
(3) the other parent's whereabouts or identity is unknown and this fact is attested by an affidavit of the consenting parent;
(4) the other parent who is eighteen years of age or older has signed a statement consenting to the transfer, executed before a notary public;
(5) the parental rights of the other parent have been terminated;
(6) the other parent has been or is found by the court to be unfit or unable to exercise parental rights or responsibilities for the child based upon the legal grounds for termination; [OAC 340:75-1-23]
(7) the other parent is or has been subject to the Oklahoma Sex Offenders Registration Act or any similar act in any other state; or
(8) the other parent has abandoned the child or is determined by the court to be otherwise unfit to assume custody of the child for any other reason. ¢ 1
(b) Prior to such an order, the court receives a background check and home study of the prospective custodian. Such report and investigation are made pursuant to the requirements of the Oklahoma Adoption Code. DHS is only required by the court to do this home study or background check when:
(1) the Department has previously conducted a home study on the prospective custodian within the past three years; or
(2) the child is in the custody or under the legal supervision of the Department.
(c) The order transferring the permanent care and custody of a child remains in effect until:
(1) the child reaches the age of 18 years;
(2) the child marries or is legally emancipated;
(3) the parent who consented to the transfer of permanent care and custody of the child petitions the court for the return of the child, and the court finds that the child has been abused or neglected while in the custody of the custodian, and it is in the best interests of the child that custody be returned to the parents;
(4) the district attorney, attorney for the child, or custodian petitions the court for modification of the order and custody be given to another person, pursuant to the Oklahoma Guardianship and Conservator's Act or the Oklahoma Children's Code;
(5) the order terminates because of the death or incapacity of the custodian or the death of the child; or
(6) the child is adopted.
(d) The order transferring permanent care and custody of a child requires review of the placement within one year after transfer. The person(s) to whom custody is transferred may be required to submit any records or reports the court deems necessary for the purposes of such review. DHS is not required to supervise such placements during the one year prior to this court review. Further reviews are not required if the parties agree with the assent of the court that such reviews are not necessary to serve the best interests of the child. Unless such reviews are required by order of the court, the court may then close the case provided the order transferring the permanent care and custody of the child remains in full force and effect.
INSTRUCTIONS TO STAFF 340:75-1-18.2. [REVOKED]
1. Supportive services. The Child Welfare (CW) worker explains to the court, and the person receiving permanent care and custody, that once the court enters such an order, the child is no longer eligible for foster care payments, clothing, adoption subsidy, or medical services outside the scope of Title XIX. The child, and the person receiving permanent care, may be eligible for certain benefits through Temporary Assistance for Needy Families (TANF) and Title XIX. One program is TANF Supported Permanency. Refer to OAC 340:75-6-31.4 for eligibility requirements. A custodian is eligible if the custodian meets the TANF relationship criteria and had been receiving a foster care payment.
340:75-1-18.3. Permanent care and custody transferred to a kinship guardian Guardianship
(a) The court can order a child's permanent care and custody transferred to a kinship guardian subject to the residual parental rights and responsibilities [OAC 340:75-6-4] and such orders of the court as deemed necessary for the health, safety, or welfare of the child. Kinship guardianships include the parental responsibilities of protection, education, care and control, custody, and decision making. ¢ 1
(b) Prior to such an order, a kinship foster parent may file a petition with the court to be appointed as kinship guardian for the child. The petition for kinship guardianship shall allege that:
(1) the child is in the legal custody of the Department;
(2) more than 12 months have passed since the date of the dispositional order placing the child in the legal custody of the Department;
(3) the parents of the child are presently and for the foreseeable future unable to provide proper and adequate care for the child;
(4) the child has resided with the kinship foster parent and there exists loving and emotional ties between the child and the kinship foster parent; and
(5) it is in the best interests of the child for the petition to be granted.
(c) Notice of the petition and a copy of the petition are served upon the parties, the Department, and the guardian ad litem for the child, if any.
(d) Prior to the entry of an order appointing a kinship guardian, the court is to receive the most recent report regarding the background and home of the prospective kinship guardian.
(e) If the court finds that the elements of the petitions have been proven based on clear and convincing evidence or upon the consent of all parties, the court grants the petition.
(f) An order appointing a person as a kinship guardian awards custody of the child to the kinship guardian. A kinship guardian has the same authority as the parent to consent on behalf of the child, except that a kinship guardian cannot consent to the adoption or surrender of the child.
(g) The order transferring the permanent care and custody of a child to a kinship guardian remains in effect until:
(1) the child reaches the age of 18 years;
(2) the child is married or legally emancipated;
(3) the court finds after evidentiary hearing that the child has been abused or neglected while in the care and custody of the kinship guardian and it is in the best interests of the child that the custody of the child be returned to the parents;
(4) the district attorney, an attorney for the child, or the kinship guardian petitions the court for modification of the order and the court finds after evidentiary hearing that it is in the best interests of the child for the order to be modified and custody be given to another person, pursuant to the Oklahoma Guardianship and Conservator's Act or the Oklahoma Children's Code;
(5) the order terminates because of the death or incapacity of the custodian or the death of the child; or
(6) the child is adopted.
(h) The order appointing a kinship guardian requires review of the placement within one year after transfer. The kinship guardian(s) to whom custody is transferred may be required to submit any records or reports the court deems necessary for the purposes of such review. DHS is not required to supervise such placements during the one year prior to this court review. Further reviews are not required if the parties agree with the assent of the court that such reviews are not necessary to serve the best interests of the child. Unless such reviews are required by order of the court, the court may then close the case provided the order transferring the permanent care and custody of the child to the kinship guardian shall remain in full force and effect.
(i) Except as otherwise provided by the court, the appointment of a kinship guardian does not affect or impair the visitation rights of a parent.
(a) The court may establish a permanent guardianship between a child and a relative or other adult per Sections 1-4-709 and 1-4-710 of Title 10A of the Oklahoma Statutes, if the guardianship is in the child's best interest and all of the following conditions are substantially satisfied.
(1) The child has been adjudicated a deprived child.
(2) The parent has:
(A) consented to the guardianship;
(B) had his or her parental right terminated;
(C) failed to substantially correct the conditions that led to the adjudication of the child;
(D) been adjudicated as incompetent or incapacitated by a court;
(E) abandoned the child;
(F) failed to be identified or has not been located despite reasonably diligent effort to ascertain the whereabouts of the parent; or
(G) died.
(3) The child consents to the guardianship if the court finds the child to be of sufficient intelligence, understanding, and experience to provide consent.
(4) Termination of the parent's rights is either not legally possible or not in the best interests of the child or adoption is not the permanency plan for the child.
(5) The child and prospective guardian do not require protective supervision or preventive services to ensure the stability of the guardianship.
(6) The prospective guardian agrees not to return the child to the care of the person from whom the child was removed nor to allow visitation without the approval of the court; and
(7) The child has been residing or placed with the proposed guardian for at least the six preceding months or the proposed permanent guardian is a relative with whom the child has a relationship.
(b) A permanent guardian is vested with all the rights and responsibilities as set forth in Title 30 of the Oklahoma Statutes relating to the powers and duties of a guardian of a minor, other than those rights and responsibilities retained by the child's parent, if any, that are set forth in the decree of permanent guardianship.
(c) Termination or modification of permanent guardianship.
(1) Section 1-4-711 of Title 10A of the Oklahoma Statutes allows for the child to be returned to the legal custody of OKDHS if there has been a substantial change in circumstances and the permanent guardianship is terminated, Substantial change of circumstances includes, but is not limited to, the:
(A) parent of the child is presently able and willing to properly care for the child;
(B) permanent guardian of the child is unable to properly care for the child;
(C) child has been abused or neglected while in the care of the permanent guardian; or
(D) permanent guardian of the child is deceased.
(2) When the modification of the permanent guardianship results in removal of the child from the home of the guardian, the court determines whether:
(A) continuation of the child in the home of the guardian is contrary to the welfare of the child; and
(B) reasonable efforts have been made to prevent the removal of the child from the home; or
(C) an absence of efforts to prevent the removal of the child from the home is reasonable due to an emergency.
(3) When a permanent guardianship is terminated due to the guardian's abuse, neglect, death, or inability to care for the child, the court must order the child returned to the legal custody of OKDHS pending further hearing.
(A) OKDHS develops a new permanency plan for the child to be presented to the court within 30 days of the permanent guardianship termination date.
(B) Unless parental rights have been termination, the child's parent(s) are notified and are entitled to participate in the new permanency planning hearing.
(4) The court may order that reunification services again be provided to the parent(s) or consider the parent(s) for custody of the child with OKDHS supervision if the parent can prove that conditions previously existing at the time the permanent guardianship was granted have been substantially corrected and that reunification is the best alternative for, and in the best interests of, the child.
Instructions to Staff 340:75-18.3 [REVOKED]
1. The CW worker explains to the court, and the kin receiving permanent care and custody, that once the court enters such an order, the child is no longer eligible for foster care payments, clothing, adoption subsidy, or medical services outside the scope of Title XIX. The child and the kin receiving permanent care, may be eligible for certain benefits through TANF and Title XIX. One program is TANF Supported Permanency. Refer to OAC 340:75-6-31.4 for eligibility requirements.
340:75-1-18.4. Reasonable efforts not required
Revised 5-15-09
The court may make a determination that reasonable efforts to reunite the child with the family are not required. When any of the conditions in (1) through (3) exist, the Child Welfare (CW) worker provides documentation to assist the court in determining whether a finding of reasonable efforts to reunify the child and family are not required and immediate termination are appropriate. ¢ 1 Reasonable efforts to provide for the return of the child to the child's home or preserve the family are not required if the court determines that the:
(1) parent(s), or legal guardian(s), or custodian(s), has committed specific acts of a criminal nature, including of the child, who is an infant age 12 months or younger, has abandoned the child;
(2) parent(s) or legal guardian(s) of the child has:
(A) conviction for the committed murder or manslaughter of any child, aided or abetted, attempted, conspired, or solicited to commit murder of any child;
(B) conviction for voluntary manslaughter of another child of the parent(s), legal guardian(s), or custodian(s), or aided or abetted, attempted, conspired, or solicited to commit voluntary manslaughter of another any child of the parent(s), legal guardian(s), or custodian(s) or another child within the household where the child resides;
(C) conviction and subject to the registration requirements of the Oklahoma Sex Offender Registration Act or any similar act in any other state or who has been convicted of committed a sexual felony offense pursuant to Section 1024.2, 1031, 1040.52, 1040.53, 1081, 1085, 1086, 1117, 1118, 1119, 1192, or 1192.1 of Title 21 of the Oklahoma Statutes assault upon any child that resulted in the child receiving serious bodily injury; or
(D) subjected any child has been adjudicated deprived as a result of a single incident of sexual abuse, severe neglect, or a felonious assault resulting in serious bodily injury to the child, a sibling, or a child within the household where the child resides, by a parent, legal guardian, or custodian of the child aggravated circumstances including, but not limited to, heinous and shocking abuse, or heinous and shocking neglect; or
(E) child was conceived as the parental rights of a result of a rape. This applies only to the parent who committed the rape and whose child has to the child's sibling have been placed outside the home terminated involuntarily.
(2) parent(s) has committed certain acts of abandonment:
(A) parent(s) has abandoned a child under the age of two;
(B) parent(s) has abandoned the child without good cause or excuse and such abandonment continues for a period of at least six months immediately prior to the filing of a petition adjudicating the child deprived or a petition to terminate parental rights; or
(C) parent(s) has willfully abandoned the child without regard to age or length of abandonment and the court finds that the abandonment itself constituted a serious danger to the health and safety of the child.
(3) current or historical circumstances of the family's involvement with child welfare indicate the parent is unwilling or unable to safely care for the child, including:
(A) parent(s), legal guardian(s), or custodian(s) has inflicted chronic abuse, neglect, or torture on the child, a sibling, or another child within the household where the child resides;
(B) child or a sibling:
(i) has been previously adjudicated deprived in this or another state due to sexual abuse or severe physical abuse;
(ii) following adjudication, has been removed from the custody of the parent, legal guardian, or custodian;
(iii) has been returned to the custody of the parent, legal guardian, or custodian from whom the child had originally been taken; and
(iv) has been removed from the custody of the parent, legal guardian, or custodian of the child pursuant to the Oklahoma Children's Code due to sexual abuse or severe physical abuse.
(C) parent(s) failed to correct the conditions which led to the initial court intervention with any sibling of the child after the sibling had been removed from the parent and the court ordered a permanent plan of adoption, guardianship, or other permanent out-of-home placement for any sibling of the child;
(D) child has resided out of the child's home under court supervision for a cumulative period of more than one year within a three year period following a deprived child adjudication; or
(E) parent(s), legal guardian(s), or custodian(s) of the child has a history of extensive, abusive, and chronic use of drugs or alcohol and has resisted treatment for this problem during a three year period immediately prior to the filing of the deprived petition which brought that child to the court's attention.
INSTRUCTIONS TO STAFF 340:75-1-18.4 No revision to ITS
Issued 5-15-09
1. Recommendation for termination. The Child Welfare (CW) worker and supervisor staff the need for termination. When appropriate, the CW worker recommends a finding of reasonable efforts not required and prayer for termination on Forms 04KI003E, Report to District Attorney, 04KI013E, Individualized Service Plan (ISP) Dispositional Report, or 04KI014E, Individualized Service Plan (ISP) Progress Report. The CW worker documents the request for termination in the KIDS/Court/Par Rights/Recommend screen within five working days.
340:75-1-20. Six-month judicial review Judicial reviews
Revised 11-1-07
(a) Six-month Review review requirements. Section 7003-5.61-4-807 of Title 1010A of the Oklahoma Statutes requires that the court review every case regarding a child alleged or adjudicated deprived no later than six months after the date of the child's out-of-home placement removal from the home and at least once every six months thereafter until the child permanency is returned to the custody of the parent(s), achieved or legal guardian, or legal custodian and the conditions that caused the child to be adjudicated deprived have been corrected, permanent care and custody has been awarded to a suitable custodian or kinship guardian, or the parent(s)' rights have been terminated and final adoption decreed.
(1) A child is considered to have entered out‑of‑home placement the earlier of:
(A) the date of adjudication; or
(B) 60 days after the child's removal from the home.
(2) The six-month judicial review requirement applies to a child who was removed from and returned to the home of the parent(s), legal guardian, or legal custodian until the court orders the case dismissed.
(3) A review hearing may be held concurrently with a permanency hearing otherwise terminates jurisdiction.
(b) Ninety day review requirement. When Oklahoma Department of Human Services (OKDHS) has documented a compelling reason why a petition to terminate parental rights to the child is in not in the child's best interests, based upon a consideration that the child is not presently capable of functioning in a family setting, the child's status is reevaluated by the court every 90 days until there is a final determination that the child cannot be placed in a family setting.
(c) Requesting review hearing and combining hearings.
(1) At any time during the pendency of the case, any party may request the court to review the case. If granted, the requesting party provides notice to all parties of the date and time of the hearing.
(2) A review hearing may be held concurrently with a permanency hearing.
(bd) Judicial review report. The legal custodian of the child OKDHS prepares the report for the court. Oklahoma Department of Human Services (OKDHS) prepares the report when the child is in the legal custody of OKDHS or when OKDHS has court-ordered protective supervision of the child.
(1) The report includes:
(A) a summary of the parent(s)' current situation;
(B) the child's physical, mental, and emotional condition;
(C) the conditions existing in the child's home or out-of-home placement and the child's adjustment;
(D) the child's progress in school and educational needs;
(E) visitation exercised by the child's parent(s) or other persons authorized by the court;
(F) if applicable, independent living services provided to a youth, 16 years of age or older, since the last court hearing; and
(G) when OKDHS is the legal custodian of the child, any efforts by the parent(s) to correct the conditions that caused the child to be adjudicated deprived
(H) behavioral changes that still need to occur and the specific actions the parents must take to make the changes;
(I) services and assistance that has been offered or provided to the parents since the previous hearing, and the services needed in the future;
(J) a description of the child's placements by number and type with dates of entry and exit, reasons for the placement or change in placement, and a statement regarding the success or lack of success of each placement;
(K) efforts of OKDHS to locate and involve the parent(s) in the planning for the child, if the parent(s) are not currently communicating with OKDHS;
(L) compliance by OKDHS, as applicable, and the parent(s) with the court's orders concerning the individualized service plans, previous court orders, and OKDHS recommendations;
(M) a proposed timetable for the return of the child to the home or other permanent placement;
(N) recommendations as to whether trial reunification should be approved, or continued, by the court;
(O) recommendations as to whether the child should remain in, or be placed outside, the home of the parent or legal guardian; and
(P) recommendations as to whether the child should remain in the current placement when the permanency plan is other than reunification with the parent or legal guardian. ¢ 1
(2) The court's determination, in part, is based upon the The court report that must specifically address, recommend, and provide reasons, rationale for recommendations, to assist the court in determining;
(A) whether the child should be returned to the child's parent(s) or placed with willing and suitable kinship relations, taking into consideration in-state and out-of-state placement options. Before a return to the child's parent(s) is ordered, the court must find the parties have:
(i) complied with, performed, and completed the terms and conditions of the court-ordered individual treatment and service plan that are essential and fundamental to the child's health, safety, or welfare as determined by the court;
(ii) corrected conditions that caused the child to be adjudicated and that the court determines essential and fundamental to the child's health, safety, or welfare;
(iii) made marked progress towards reunification with the child; and6iv) maintained a close and positive relationship with the child individualized service plan (ISP), services and placement meet the special needs and best interests of the child with the child's health, safety, and educational needs specifically addressed;
(B) whether the child should continue in out-of-home placement for there is a specified period. The court projects a likely date by which need for the child may be returned to and safely maintained in continued placement of the home, placed with a suitable guardian or custodian, placed for adoption, or other permanent arrangement child;
(C) whether the rights of the child's parent(s) should be terminated and current permanency plan for the child placed for adoption, placed with a guardian or custodian, or provided with another permanent arrangement remains the appropriate plan to meet the health, safety, and best interests of the child;
(D) whether the child, because of exceptional circumstances, should remain services set forth in the ISP in long-term out-of-home placement as a permanent plan and the responsibilities of the parties need to be clarified or with a goal of independent living modified, due to additional information or changed circumstances, or as the court determines necessary for the correction of the conditions that led to the adjudication of the child;
(E) reasonable efforts have been made whether the terms of visitation need to provide for be modified, including the child's safe return to the home visitation with siblings, if separated;
(F) reasonable efforts are being made to place the child in a timely manner in accordance with the permanency plan and complete the steps necessary timeframe that should be followed to finalize achieve reunification or other permanent placement plan for the child, when the court determines that reasonable efforts are not required or that continuation of reasonable efforts to reunite the child with the child's family is inconsistent with the permanency plan;
(G) whether reasonable efforts have been made to safely return the child to the home. If the court determines, or has previously determined that efforts to reunite the child with the child's family is inconsistent with the permanency plan, the court determines if reasonable efforts are being made to place the child in a timely manner in accordance with the permanency plan, and determines the steps necessary to finalize permanency for the child;
(GH) when applicable, the youth, 16 years of age or older, receives appropriate services that assist in making the transition from out-of-home care to independent living. The court inquires or causes inquiry to be made of the child regarding any proposed independent living plan;
(HI) whether the nature and extent of the services provided to the child and parent(s) are adequate to ensure the safety of the child and protection from further physical, mental, or emotional harm, and, if necessary, order additional services to correct the conditions that led to the child's adjudication; and
(IJ) whether, in accordance with safety or well-being of the child, reasonable efforts have been made to: modify the existing individual treatment and service plan as the court determines it is in the child's best interests and necessary for the correction of the conditions that led to the child's adjudication
(i) place siblings, who have been removed, together in the same foster home, guardianship, or adoptive placement; and
(ii) provide for frequent visitation or other ongoing interaction in the case of siblings, who have been removed, but who are not placed together; and
(K) whether, during the 90 day period immediately prior to the child's 18th birthday, OKDHS and, as appropriate, other representatives of the child are providing the child with assistance and support in developing a transition plan, personalized at the direction of the child and as detailed as the child elects, that includes specific options on housing, health, insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services.
(ce) Review hearing. At the review hearing the Child Welfare (CW) worker provides information similar to that offered at the dispositional hearing, with special emphasis on the progress on the court-ordered treatment and service plan. The court reviews all evidence that assists in decision-making including, but not limited to, oral and written reports presented by CW and others involved in the case.
(df) Notice of hearing. OKDHS provides written notice of review hearings via Form 04MP030E, Hearing Notification, to the preadoptive parent(s), relative, and current foster parent. The court provides the right to be heard to the current foster parent of the child, any preadoptive parent or relative providing care for the child. Such notice and right to be heard is not construed as requiring any foster parent, preadoptive parent, or relative be made a party to such deprived proceedings. ¢ 2
INSTRUCTIONS TO STAFF 340:75-1-20 No ITS revisions
Revised 11-1-07
1. Judicial review report documentation. The judicial review report is documented in combination with the permanency report using Form 04KI009E, Court Report, or Form 04KI014E, Individualized Service Plan (ISP) Progress Report, as applicable.
2. Notice of hearing. The Child Welfare (CW) county of jurisdiction worker or the preadoptive parent's adoption specialist:
(1) completes Form 04MP030E, Hearing Notification, and mails or hand-delivers to the current foster parent, preadoptive parent, or relative, no later than 15 days after the hearing is set; and
(2) if the child moves after the notification has been provided, copies Form 04MP030E completed for the hearing and mails or hand-delivers the copy to the current foster parent, preadoptive parent, or relative no later than seven days prior to the court hearing
(3) if the hearing date changes, updates the Court Hearing Detail screen and provides the KIDS generated Form 04MP030E to the current foster parent, preadoptive parent, or relative no later than ten working days prior to the hearing; and
(4) documents in KIDS Contacts screen when and how Form 04MP030E was delivered.
340:75-1-21. Post adjudication review board
Revised
(a) Section 1116.31116.2 et seq. of Title 10 of the Oklahoma Statutes mandates the establishment of review boards for each judicial district to review the case of every child alleged or adjudicated deprived. The child's court file is reviewed by the local post adjudication review board (PARB) at least once every six months until the court case is dismissed. The PARB's findings and recommendations are submitted to the court within ten days of any review hearing. The review includes consideration and evaluation of the appropriateness of the:
(1) goals and objectives of the treatment and individualized service plan;
(2) services provided to the child, parent(s), stepparent, or other adult living in the home or legal guardian or custodian; and
(3) goals and objectives of the permanency plan.
(b) When a child is alleged deprived and in out-of-home placement, the reviews the child's case six months after removal and every six months thereafter until adjudication occurs or the child is released from out-of-home placement. The PARB's findings and recommendations are submitted to the court within ten days of any scheduled review hearing. The review includes, but is not limited to, consideration and evaluation of:
(1) whether the continued out-of-home placement is in the best interests of the child in light of the child's need for permanency;
(2) the appropriateness of continued out-of-home placement; and
(3) in the absence of a court-approved treatment and individualized service plan, the appropriateness of the services provided to the child and any other family member or adult living in the home of the child.
(c) A PARB member may attend participate in any court hearing concerning the case of any child subject to review by PARB; however, the PARB member may not participate as a board member, in a hearing in which he or she is a party or is professionally involved.
(d) The State Post Adjudication Review Advisory Board (State PARB), per Section 1116.6 of Title 10 of the Oklahoma Statutes, oversees the implementation of the State post adjudication review program in coordination with the Oklahoma Commission on Children and Youth (OCCY). The State PARB makes recommendations to the courts, OCCY, Governor, Legislature, Oklahoma Department of Human Services (OKDHS), Office of Juvenile Affairs (OJA), and other state agencies providing services to children regarding:
(1) statutory revisions;
(2) amendments to court rules and regulations;
(3) permanency planning;
(4) foster care; and
(5) Child Welfare (CW) service delivery policies, guidelines, and procedures.
(e) PARB reviews the case of every child adjudicated deprived pursuant to the laws of another state or territory, when the child resides in Oklahoma and OKDHS has agreed to provide services to the child pursuant to the Interstate Compact on the Placement of Children (ICPC) or other agreement concerning the child. ¢ 1 & 2 PARB reports its findings to OKDHS and may report these findings to the agency or court in the state having jurisdiction. The child and the child's custodian may be required to attend the local PARB meeting regarding the child.
(f) Any person participating in a judicial proceeding as a PARB member is presumed as acting in good faith and in so doing, immune from any civil liability that otherwise might be incurred or imposed.
INSTRUCTIONS TO STAFF 340:75-1-21
Revised
1. Information provided to local PARB. The CW worker or designee familiar with the case provides pertinent information to the local post adjudication review board (PARB) and attends the review if requested by PARB. Information from the Child Welfare (CW) case is made available to PARB at PARB's request. Information provided includes, but is not limited to psychological and medical records, placement history and related information including the names and addresses of foster parents, family assessments, individualized service plans, and school records.
2. PARB reviews for out-of-state children in Oklahoma. The CW worker notifies the appropriate PARB of the location of the child and provides the PARB with any information received by the Oklahoma Department of Human Services (OKDHS) from the other state concerning the child and the placement, along with any reports made by OKDHS concerning the child or placement.
340:75-1-23. Termination of parental rights
Revised
Motion or Petition for termination. Oklahoma statutes comply with federal regulations and set out certain requirements for termination of the parent-child relationship. The responsibility for filing the petition or motion for termination resides with the district attorney or the child's attorney. Sections 1-4-901 through 1-4-909 of Title 10A of the Oklahoma Statutes set forth procedures and serve as a guide for Child Welfare workers when considering whether to recommend termination of parental rights. [10 O.S. § 7003-4.7] The Department ensures that the actions of the CW workers are guided by this statute when applicable. ¢ 1
INSTRUCTIONS TO STAFF 340:75-1-23
Revised
1. (a) Oklahoma Statutes. The exact wording of the statute regarding termination of parental rights is found in Section 7003-4.71-4-902 in Title 10A of the Oklahoma Statutes. The For procedures and guidance, the CW worker accesses website www.oscn.net provides for the statute online.
(b) Consideration of termination of parental rights.
(1) Termination of parental rights is an extreme legal step that requires in-depth analysis of all the facts in the case. The parent permanently loses control and custody of the child. as well as visitation Visitation and communication rights with the child may continue if in the best interests of the child. Most terminations of parental rights occur after the parent(s) fails to correct the conditions that led to the child's removal from the home. Despite all the service efforts to assist the parent(s), the parent(s) is either unwilling or unable to do what is needed to make the home environment safe for the child.
(2) Circumstances that indicate a child cannot be safely returned home, include, but are not limited to: are listed in (A) through (H).
(A) Despite diligent and appropriate or reasonable efforts by Child Welfare (CW) and other service providers, the parent(s) has failed to correct the behaviors or conditions that led to the child's removal threaten the child's safety.
(B) There exists a long-standing pattern of abandonment or extreme parental disinterest.
(C) There is a projected long-term parental incapacity to care for the child based upon mental or emotional illness, mental retardation, or physical incapacity.
(D) There is a past history of drug or alcohol related incapacity or unwillingness to care for the child, and repeated, unsuccessful efforts at treatment.
(E) There is prior abuse or neglect of the child, a sibling, or other children in the family with diligent but unsuccessful agency efforts to rehabilitate the parent(s) and the parent has failed to correct the behaviors or conditions that threaten the child's safety.
(F) The neglect or abuse of the child was so extreme severe that returning the child home presents an unacceptable risk the court has determined reasonable efforts to reunify the child are not required.
(G) Prior abuse or neglect has caused the child to develop a deep aversion or fear of the parent(s) parent that has not subsided with counseling.
(H) The parent(s) parent is imprisoned for a prolonged period and will be unavailable during the child's minority.
(c) Petition for termination. Federal and Oklahoma laws require that a petition for termination be filed for a child no later than the end of the 15th month from the date of out-of-home placement. The requirement to consider filing a petition is only applied to a child once if an exception, as described in OAC 340:75-1-23 Instructions to Staff 1(e), is determined appropriate and the State does not file a petition for termination of parental rights.
(1) When a child has been in a continuous, single episode of out-of-home placement, the date of out-of-home placement is either the date of adjudication or 60 days after removal from the home, whichever is earlier.
(2) When the out-of-home placement is not a continuous, single episode:
(A) a cumulative method is used to count the 15 months, if a child experiences multiple exits from and entries into out-of-home placement during the 22 month episode; and
(B) trial home visits and runaway episodes are not included in the 15-month calculation.
(d) Documenting motion or petition for termination. For any case where the Child Welfare (CW) worker has requested a petition to terminate, the CW worker documents the request in the KIDS/Court/Par Rights/Recommend screen within five working days.
(e) Exception determination. For any case where the CW worker or court has determined that the petition to terminate is not required based on an exception, the CW worker documents the type of exception in the KIDS Court/Par Rights/Recommend screen within five working days. The exception request is submitted to the court in the applicable court or progress report. The exceptions, as set forth by statute, are:
(1) the child is properly cared for by a relative;
(2) the Oklahoma Department of Human Services (OKDHS) has documented compelling reasons for determining that filing a motion or petition is not in the best interests of the child and that may include consideration of any of the following circumstances:
(A) the parent or legal guardian has maintained a relationship with the child and the child would benefit from continuing this relationship,
(B) the child, who is 12 years or older, objects to the termination of the parent-child legal relationship,
(C) the foster parents of the child are unable to adopt the child because of exceptional circumstances which do not include an unwillingness to accept legal responsibility for the child but are willing and capable of providing the child with a stable and permanent environment, and the removal of the child from the physical custody of the foster parents would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the foster parents,
(D) the child is not capable of achieving stability if placed in a family setting, or
(E) the child is an unaccompanied, refugee minor and the situation regarding the child involves international legal issues or compelling foreign policy issues or;
(3) OKDHS has not provided to the family of the child, consistent with the time period in the case plan, the services that are necessary for the safe return of the child to the child's home, if reasonable efforts are required.
OAC 340: 75-1-23.1 Reinstatement of Parental Rights (new section)
(a) Section 1-4-909 of Oklahoma Statutes Title 10A provides the ability for a child age 15 years or older, through an application signed by the child and the child's attorney, to request the court to reinstate the previously terminated parental rights of his or her parent when:
(1) the child was previously found to be a deprived child;
(2) the parent's rights were terminated in a deprived proceeding; and
(3) the child has not achieved his or her permanency plan within three years of a final order of termination.
(b) If after a preliminary hearing to consider the parent's apparent fitness and interest in reinstatement of parental rights, the court finds by a preponderance of the evidence that the best interests of the child may be served by reinstatement of parental rights, the court orders that a hearing on the merits of the motion be held. ¢1 The court provides notice of the hearing to the child, the child's attorney, and OKDHS and orders OKDHS or the child's attorney to give notice to the:
(1) former parent of the child whose parental rights are the subject of the application;
(2) current foster parent or relative guardian of the child;
(3) guardian ad litem of the child, if any; and
(4) child's tribe, if applicable.
(c) The court conditionally grants the application if the court finds by clear and convincing evidence that the child has not, and is not likely to, imminently achieve his or her permanency plan, and that reinstatement of parental rights is in the child's best interest. In determining whether reinstatement is in the child's best interest, the court considers information provided on Form 04KI014E, Individualized Service Plan Progress Report regarding:
(1) whether the parent whose rights are to be reinstated is a fit parent and has remedied the conditions as provided in the record of the prior termination proceedings and prior termination order;
(2) the age and maturity of the child, and the ability of the child to express his or her preference;
(3) whether the reinstatement of parental rights will present a risk to the health, safety, or welfare of the child; and
(4) other material changes in circumstances, if any, that may have occurred which warrant the granting of the application.
(d) In determining whether the child has or has not achieved his or her permanency plan, the Child Welfare (CW) worker provides the court information for the court's review related to any efforts to achieve the permanency plan including efforts to achieve adoption or a permanent guardianship on the 04KI014E.
(e) If the court conditionally grants the application for reinstatement of parental rights, the case remains open for six months and a temporary order of reinstatement of parental rights is entered. During this period, the child is placed in the custody of the parent. The CW worker develops a permanency plan for the child reflecting the plan to be reunification and provides transition services to the family as appropriate. ¢ 2
(f) If the child must be removed from the parent due to abuse or neglect allegations prior to the expiration of the conditional six-month period, the court dismisses the application for reinstatement of parental rights if the court finds the allegations have been proven by a preponderance of the evidence.
(g) The court holds a hearing after the child has been placed with the parent for six months. If the placement with the parent has been successful, the court enters a final order of reinstatement of parental rights, which restores all rights, powers, privileges, immunities, duties, and obligations of the parent to the child, including those relating to custody, control, and support of the child. The court closes the deprived action and directs the court clerk's office to provide a certified copy of the final order of reinstatement of parental rights to the parent at no cost.
(h) A proceeding to reinstate parental rights is a separate action from the termination of parental rights proceeding and does not vacate the original termination of parental rights. This order reinstates the parental rights to the child and acknowledges that the conditions of the parent and child have changed since the time of the termination of parental rights and that reunification is now appropriate.
INSTRUCTIONS TO STAFF 340:75-1-23.1 (new ITS)
1. Decision to proceed with reinstatement of parental rights. Prior to the Child Welfare (CW) worker contacting the child's attorney, the Child Welfare (CW) supervisor consults with the Child Welfare Field Liaison and Children and Family Services Division, Permanency Planning Section to obtain approval to proceed. when the:
(1) child meets all the requirements as stated in the statute;
(2) child states that he or she wants his or her parental rights reinstated.
(3) CW worker has conducted a home visit with the parent and the parent has expressed a desire to have their parental rights reinstated.
(3) CW worker has completed:
(i) a Child Abuse and Neglect search to determine any recent child abuse and neglect history;
(ii) a name-based background check to determine any recent criminal activity;
(iii) contact with three personal references of the parent to determine parent's current functioning;
(iv) a Functional Assessment to assess current functioning of the parent.
2. Documenting in KIDS. No later than 5 business days after a parent's parental rights are reinstated, the CW worker contacts the CFSD, Permanency Planning Section for directions in updating KIDS to reflect this change.
340:75-1-29. Case responsibility
Revised
From the standardized intake through case closure, Child Welfare (CW) cases may be assigned to more than one worker and may involve more than one county. For example, a hotline worker, a Child Protective Services worker, a Permanency Planning worker, and an Adoption worker may be assigned during the life of a case. Ensuring a continuity of services for children and families is important when cases are transferred. ¢ 1 In other cases, a child may be adjudicated in one county, while the child's parent(s), legal guardian, or legal custodian reside in another county, and the child is placed in another county. In such cases, collaboration of the assigned CW workers is required. The case plan goal drives all decision-making. ¢ 12
INSTRUCTIONS TO STAFF 340:75-1-29
Revised
1. Case transfer meetings.
(a) An initial case transfer meeting from Child Protective Services (CPS) to
Permanency Planning:
(1) includes the CPS and permanency planning worker, both supervisors, and whenever possible, the family;
(2) is held in person or by teleconference, if the case is transferred to another county;
(3) includes discussion of the safety plan, if applicable, and how safety threats are being managed and controlled;
(4) includes a discussion of, but is not limited to, the:
(A) safety threats to the child and safety plan, if applicable;
(B) referrals made for services and any barriers to service provision for the child or family;
(C) child's placement;
(D) demographic information;
(E) birth certificates;
(F) Social Security cards;
(G) child educational needs;
(H) child's medical and immunization history;
(I) family's Native American heritage;
(J) results of previous court hearings;
(K) next court date and any requests by the court or parties for specific information or action;
(L) visitation plan and the date the last visit occurred;
(M) diligent search for relatives;
(N) initial meeting with the Bridge family, if applicable;
(O) outcomes of Family Team Meetings, if applicable.
(b) A case transfer meeting between permanency planning workers follow the steps of the initial transfer meeting, and includes:
(1) a description of interventions that are in place;
(2) a discussion of successful and previous attempts at, interventions;
(3) a written summary of the case including legal history, placement information, and case history;
(c) Case transfer meetings between CPS and Family Centered Services (FCS) workers are completed within five days of signing Form, 04KI025E, Voluntary Service Agreement, and includes:
(1) a discussion of the results of the Form, 04KI030E, Assessment of Child Safety;
(2) a discussion of Form, 04KI029E, Voluntary Safety Plan;
(3) a discussion of how the safety threats are being managed and controlled; and
(4) the CPS worker accompanying the FCS worker to the family home for introduction.
(d) Documentation. Case transfer meetings are documented in KIDS Contacts with a purpose of "Transfer Meeting." The contact includes a summary of the meeting discussion, the workers involved, where the meeting occurred, and any action steps that resulted from the transfer meeting.
12. Case location and responsibility.
(1) Location of primary case.
(A) When there is more than one assigned Child Welfare (CW) worker, the primary CW case is maintained in the county of jurisdiction.
(B) The exception to location in the county of jurisdiction is when the only CW service is foster care payments for a child in tribal custody per OAC 340:75-19-26.
(2) Primary and secondary case responsibility.
(A) The designation of primary and secondary CW worker is not a reflection of the amount of case responsibility. Each CW worker assigned to the case, whether primary or secondary, has equal responsibility to:
(i) ensure the safety, well-being, and permanency of the child and family; and
(ii) work together in a professional manner to meet the needs of the child and family.
(B) If assigned CW workers disagree regarding the case plan or case actions after consultation between the respective supervisors, the CW supervisors contact the respective county director and CW field liaison (CWFL) to:
(i) review the matter and reach a consensus; or
(ii) if unable to reach a consensus, consult with Children and Family Services Division (CFSD) Permanency Planning Section for direction.
(C) The county of jurisdiction worker is the principal case coordinator and is responsible for:
(i) gathering information regarding the circumstances of the child and, if applicable, parent(s); and
(ii) preparing and submitting the court report.
(D) The principal decision maker is the county of jurisdiction worker, except when the county of jurisdiction is not providing service to a parent(s) working toward reunification. The principal decision maker in this case is the worker providing service to the parent(s).
(E) When a child is in permanent Oklahoma Department of Human Services (OKDHS) custody and the county of jurisdiction is different from the county providing service to the child, the assigned CW workers jointly develop recommendations to the court and determine appropriate case actions.
(F) When a youth is going to age out in OKDHS custody and:
(i) the county of jurisdiction is different from the county of placement, the assigned CW workers meet with the youth at least three months prior to the youth's 18th 18th birthday to determine the youth's plan. If the youth has not obtained a General Educational Development (GED) certificate or high school diploma and wants to continue in voluntary placement, the county where the youth is located after turning 18 provides the appropriate services. For the youth in above foster care level placement, where the only assigned CW worker is a liaison, a new CW worker in the county of placement is assigned after the youth turns 18; or
(ii) receives Developmental Disabilities Services Division (DDSD) services, the assigned CW worker and DDSD case manager meet at least three months prior to the youth's 18th 18th birthday to determine the steps necessary for the continuation of appropriate services to the youth. A follow-up meeting is held with the CW worker and DDSD case manager at least one month prior to the youth's 18th 18th birthday to determine whether the necessary steps were completed.
(G) When the only CW service provided is foster care payments for a child in tribal custody:
(i) the primary record is maintained by the CW tribal liaison; and
(ii) when the child's placement is in a different county, a secondary case is sent to the county of placement.
(H) Secondary case responsibility is assigned to the facility liaison for any child in OKDHS custody placed in community-based residential care (CBRC) settings, per OAC 340:75-11-233 and 340:75-11-239.
(I) Refer to OAC 340:75-3-11 for information regarding coordination between counties for completion and submission of Form CWS‑KIDS‑304KI003E, Report to District Attorney.
PART 3. CHILD WELFARE CONFIDENTIALITY
40:75-1-42. Maintaining confidentiality of client information
Revised
(a) Agency Oklahoma Department of Human Services (OKDHS) records. All Child Welfare (CW) records and information are confidential pursuant to State and Federal statutes and regulations. [10 O.S. § 7005-1.2 - 7005-1.4, 7107, [10A O.S. §§ 1-6-101 through 1-6-108 and 45 CFR Part 1340] These statutes mandate that agency records that are prepared, obtained, or maintained by the Oklahoma Department of Human Services (OKDHS) are confidential with regard to a child who is or has been under its care, custody, or supervision or to a family member or other person living in the home of such child are confidential. Any record made in the course of an investigation or inquiry by the agency OKDHS to determine whether a child is or may be deprived is confidential and not open to public inspection. Agency Confidential CW records include any study, plan, recommendation, assessment, report, or other information describing the history, diagnosis, condition, care, treatment, or custody regarding a child or safety analysis records that have been prepared and obtained in response to a report of alleged child abuse or neglect and include assessment reports and reports to the District Attorney with all supporting documentation attached and any addendums. The contents of the agency's record OKDHS records cannot be disclosed without an order of the court except to certain persons or entities authorized by statute. CW case-specific information is not subject to the Oklahoma Open Records Act. CW's policy is to neither confirm nor deny that any specific child abuse or neglect investigation is in process or that any CW services are being provided to a specific child or family member unless the criteria specified in 75-1-44(f) OAC 340:75-1-44(f) is met regarding death or near death of a child. ¢ 1 through 5
(b) Adoption records. All papers and records pertaining to adoption are confidential as required by Section 7505-1.1 of Title 10 of the Oklahoma Statutes. The adoption case record includes the child's case file and the adoptive home file. These files are considered an adoption record once they become part of an authorized adoptive placement. [OAC 340:75-15-103] After finalization of the adoption of a child placed by the Department OKDHS the adoption record is kept in locked storage in the Children and Family Services Division (CFSD) Adoption Section. All records regarding Adoption Subsidy Assistance are confidential. Non-identifying social and medical history may be released from the State Office adoption record after finalization by State Office. The adoptive family is not identified in any form in the child's birth family record or in reports to the court in the child's juvenile court case. The Oklahoma Commission on Children and Youth (OCCY) has access to information regarding the transition of DHS custody children into adoptive placements from foster care status. These records, however, will be edited by DHS to exclude any information identifying the adoptive parent(s). ¢ 6
(c) Refer to OAC 340:75-1-110 through 340:75-1-120 for rules regarding HIV/AIDS confidentiality and the release of confidential information.
INSTRUCTIONS TO STAFF 340:75-1-42
Revised
1. If there is any concern or question about allowing access to or releasing information, the worker consults with the supervisor. The county director and Children and Family Services Division (CFSD) are also available for consultation.
2. All staff members are responsible for ensuring that case information, whether recorded or unrecorded, is treated in a professional manner consistent with the policy in this Section. All paper cases, when not in use, are stored in locked files. Child Welfare (CW) staff are responsible for the physical protection of the local case record. Paper cases regarding employees are kept by the county director in a locked file. On-line computer data regarding employees or their relatives is restricted and only accessible to certain security levels or worker and supervisors currently assigned to the case.
3. Client and case record data stored in computer systems and available through various reports, screen prints and other printouts is confidential and is protected in the same manner as other information. "Passwords" and "sign-on" codes are confidential and are not exchanged among staff or routinely posted. Computers are not left unattended without first entering the "sign-off" code. When a case is accessed, the screen is immediately cleared when desired information is obtained. Under no circumstances is the terminal left, even momentarily, with case information showing on the screen. All data collected and maintained by the Department OKDHS, is owned by and is the responsibility of the Department OKDHS, including electronic messages. There is no expressed or implied expectation of privacy for users of any DHS computer network, computer equipment, or other computer resources. All data actions or key strokes of users may be monitored at any time. The person administratively responsible for the computer routinely monitors computer usage in the office and is assured of adherence to the practices described in this Section.
4. Reports of statistical data not identifying any individual family or person, or summaries of situations of such a nature that a person reading such a summary is unable to identify any individual family or person, are not considered confidential and may be released.
5. An emergency or unusual request for the release of case information which is discussed in OAC 340:75-1-42 through 340:75-1-46 is referred to the appropriate CFSD program staff. Additional advice from the Legal Division is sought by CFSD when special or unusual information about an individual client is sought by the courts, public officials, investigative units, or law enforcement officials.
6. If Oklahoma Commission on Children and Youth (OCCY) requests access to adoption records pertaining to a child(ren) in adoptive placement, the CFSD Adoption Section is consulted for direction in processing the request prior to release of any information.
340:75-1-44. Disclosure of client information and records without a court order
Revised 5-15-09
(a) Authorized persons. Client information or records are, upon request and with verification of the requester's credentials, disclosed without a court order to the persons or entities listed in this subsection. ¢ 1
(1) Courts. Information and records are disclosed to:
(A) the court having the child currently before it in any proceeding pursuant to Title 10 Title 10A of the Oklahoma Statutes;
(B) any district court or tribal court to which the proceedings may be transferred;
(C) employees and officers of the court in the performance of their duties, including but not limited to the guardian ad litem appointed by the court;
(D) court-appointed special advocates; as defined in Section 1-1-105 of this title, in the course of their official duties pertaining to recruiting, screening, training, assigning cases, supervising and supporting volunteers in their roles as guardian ad litem pursuant to Section 1-4-306 of Title 10A of the Oklahoma Statutes:
(E) post-adjudication review boards; and who may inspect information that includes, but is not limited to, psychological and medical records, placement history and information, including the names and addresses of foster parents, family assessments, individualized service plans and school records;
(F) any district court that has ordered a home study by the Oklahoma Department of Human Services (OKDHS) in a divorce, annulment, custody matter, guardianship, or any subsequent proceeding. OKDHS may limit disclosure to summaries or information directly necessary for the purposes of the disclosure.
(2) OKDHS employees. OKDHS employees acting in the course of their official duties performed in connection with the implementation or administration of any program for children, youth, and families. The administration of programs includes:
(A) any activity relating to the review, audit, or monitoring of Child Welfare (CW) service, program, or fiscal performance; and
(B) any activity in connection with potential or actual criminal, civil, or administrative proceedings relating to CW services and programs.
(3) Office of Juvenile System Oversight employees. Any employee of the Office of Juvenile System Oversight acting in the course of his or her official duties performed in connection with any investigation, inquiry, audit, or inspection conducted pursuant to Section 601.6 of Title 10 the Oklahoma Statutes.
(4) DHHS employees. Any employee of the United States Department of Health and Human Services (DHHS) or the Comptroller General of the United States acting in the course of his or her official duties performed in connection with any investigation, inquiry, audit, or inspection conducted pursuant to federal law.
(5) Office of the District Attorney employees. Any employee of the Office of the District Attorney acting in the course of his or her official duties performed pursuant to Title 1010A of the Oklahoma Statutes or in connection with the prosecution of crimes against children or in the capacity of advisor to a grand jury.
(6) Office of the Attorney General or United States Attorney employees. Employees of the Office of the Attorney General or United States Attorney when acting in the course of their official duties performed pursuant to Section 7002-3.1 of Title 10 of the Oklahoma Statutes.
(7) Attorneys. The attorney representing a child who is the subject of a proceeding conducted pursuant to the provisions of Title 1010A of the Oklahoma Statutes or other proceeding where child custody or visitation is at issue or the attorney representing a child in a domestic, guardianship, or juvenile action filed under Section 7115 of Title 10 of the Oklahoma Statutes. ¢ 2
(8) Law enforcement officers. Any law enforcement officer of Oklahoma or another state, or military enclave with proper identification, who is:
(A) conducting an investigation of a report of known or suspected child abuse or neglect or crimes against children; or
(B) determining whether to place an alleged deprived child in protective custody.
(9) Child protective services agency employees. Employees of child protective services agencies in other states, or military enclave with proper identification, who are:
(A) conducting an investigation of a report of known or suspected child abuse or neglect or crimes against children; or
(B) determining whether to place a child in protective custody.
(10) Indian tribes. Pursuant to the Federal Indian Child Welfare Act, Section 1901 et seq. of Title 251915 et.seq. of Title 25 of the United States Code, and the Oklahoma Indian Child Welfare Act, Section 40 et seq., of Title 10 of the Oklahoma Statutes, a federally recognized Indian tribe:
(A) with proper identification;
(B) in which the child who is the subject of the records filed with the court is a member or is eligible to become a member and is the biological child of a member of an Indian tribe; and
(C) who is performing the official duties of:
(i) investigating a report of known or suspected child abuse or neglect or crimes against children;
(ii) determining whether to place a child into protective custody;
(iii) providing or supervising services to or for the benefit of the child, including but not limited to protective, emergency, medical, and social services; or
(iv) the tribe, tribal court, or tribal CW program by:
(I) taking jurisdiction or intervening in the child's case; or
(II) being a party to the juvenile court proceedings pursuant to the authority provided in the Oklahoma Indian Child Welfare Act.
(11) Employees of a statutorily established juvenile bureau. Employees of a statutorily established juvenile bureau with proper identification in the course of their official duties pursuant to Sections 7305-1.1 et seq. of Title 10 of the Oklahoma Statutes.
(12) Child Death Review Board. The Child Death Review Board upon the Board's request pursuant to Section 1150.2 of Title 10 of the Oklahoma Statutes.
(13) Physicians. Any physician examining a child whom the physician suspects is a victim of child abuse or neglect.
(14) Health care or mental health professionals. Any health care or mental health professional involved in the evaluation or treatment of the child, the child's parents, legal guardian, foster parent, custodian, or other family members.
(15) Multidisciplinary child abuse team. Any multidisciplinary child abuse team designated by the administrator of OKDHS Field Operations Division or Children and Family Services Division as authorized to review confidential information to:
(A) investigate a report of known or suspected child abuse or neglect; or
(B) provide services to a child or family who is the subject of the report.
(16) Public or private agency. Any public or private agency or person authorized by OKDHS to diagnose or provide care, treatment, supervision, or other services to a child who is the subject of a report or record of child abuse or neglect. OKDHS may limit the disclosure of information and records to a summary of or the information directly necessary for the purpose of the disclosure.
(17) OHCA. Any employee of the Oklahoma Health Care Authority (OHCA) acting in the course of his or her official duties.
(18) Medical Examiner. When determining the cause of death of a child.
(1819) OJA. Any employee of the Office of Juvenile Affairs (OJA) acting in the course of his or her official duties.
(20) OCCY. Any employee of the Oklahoma Commission on Children and Youth (OCCY) acting in the course of his or her official duties.
(1921) The Governor of Oklahoma. The Governor or any person the Governor designates in writing.
(2022) Legislators. Any member of the legislature approved in writing by the Speaker of the House or the President Pro Tempore of the Senate.
(2123) Persons or agencies engaging in research. Persons or agencies engaging in research, provided that the person or agency:
(A) is employed by or under contract with the State of Oklahoma and is authorized by OKDHS to conduct the research; and (B) ensures that:
(i) all documents containing identifying information are securely maintained to prohibit unauthorized access;
(ii) identifying information is not included in any document generated for the research; and
(iii) identifying information is deleted from documents when the research is completed.
(2224) Foster parents. Information and records concerning the social, medical, psychological, or educational needs of a child currently placed with or being considered for placement with foster parents are disclosed to the foster parents. Foster parents with whom a child is currently placed are provided a copy of the court-approved treatment and individualized service plan and progress reports.
(2325) Schools. A summary of or the information directly necessary for the school to know regarding a child enrolled in the school is disclosed upon the request for the information by the school. Any information disclosed to the school is kept confidential.
(2426) Department of Corrections employees. An employee of any federal or state corrections or law enforcement agency in the performance of the official duties of the employee concerning pre-sentence investigations or supervision of a parent of an alleged or adjudicated deprived child or the legal guardian, custodian, or any other adult member of the child's home who is responsible for the health, safety, or welfare of the child.
(25) OCARPA. Persons authorized by and in the manner provided by the Oklahoma Child Abuse Reporting and Prevention Act.
(2627) Adoptions. Any person or agency authorized to receive any paper record pursuant to the Oklahoma Adoption Code pertaining to a child who is the subject of an adoption proceeding or relatives who are related to the child within the third degree of consanguinity.
(2728) Child support enforcement employees. Employees of the Oklahoma or any other state child support enforcement agency in the performance of their the official duties of the employee concerning the establishment of paternity or the establishment or enforcement of a child support order or other entitlement for the benefit of a child. Disclosure is limited to information related directly to the purpose of the disclosure.
(2830) Parent, legal guardian, or custodian. A parent, legal guardian, or custodian of the child who is the subject of the records, provided that the records disclosed are limited to juvenile court records that are records filed with the court. All other agency records pertaining to or related to any alleged or adjudicated abuse or neglect of the child may not be inspected or disclosed. ¢ 3
(A) Information about the child is withheld from the parent only when a court order is in effect that prohibits the parent from obtaining information about the child.
(B) The parent may not inspect the case record, but information may be disclosed in accordance with this Section.
(C) If the child is removed from the child's home or placement, the child's parent(s) is informed of the child's general location, but not the specific address.
(D) With the foster parent's consent, the foster parent's name and address are disclosed when requested as part of the family reunification effort.
(31) Youth 18 and older. Any youth leaving out-of-home placement at the age of 18 or older, or an adult who was in OKDHS custody as a child, is entitled to information from the case record at no cost. ¢ 4
(b) Disclosure when child is in need of treatment or supervision services. Any client information or record may be disclosed without a court order to any person or agency when the disclosure of confidential information is necessary to secure appropriate care, treatment, or supervision for a child and as may be necessary in conducting any investigation to determine whether a child is taken into protective custody or may otherwise come within the jurisdiction of the juvenile court. Disclosure pursuant to this subsection is limited to summaries or information reasonably necessary for the purpose of securing needed services or conducting an investigation.
(c) Disclosure of court records.
(1) Any record filed with the court by OKDHS, or obtained from the court and maintained by OKDHS, upon written request is disclosed without a court order to those persons identified in this Section and to:
(A) the child who is the subject of the record and the parents, guardian, legal custodian, or foster parent; and ¢ 4
(B) any public or private agency or individual having court-ordered custody or custody by virtue of OKDHS placement of the child who is the subject of the record.
(2) Any youth leaving out-of-home placement at or after the age of 18, or adult who was in OKDHS custody as a child, is entitled to information from the case record at no cost.
(d) Disclosure limited.
(1) Request for disclosure of information must be made in writing to OKDHS per OAC 340:75-1-46 and Sections 620.1 through 620.4 of Title 10 of the Oklahoma Statutes.
(2) Authorized persons receiving information are notified at the time of disclosure that the information remains confidential by law and may not be further disclosed.
(3) Information disclosed is limited to the specific information or record relevant to the need of the person offered or requesting confidential information.
(4) OKDHS does not disclose the identity or location of any person who has reported child abuse or neglect, unless specifically ordered by the court.
(ed) Media inquiries. The confidentiality rules for inquiries govern case-specific information and requests from the public and the media. Inquiries may provide opportunities to discuss CW programs and services, in general, with the public or media representatives. ¢ 5
(f) Disclosure in cases of death or near death of a child. When the a person responsible for the a child is charged with committing a crime resulting in the child's death or near death, as defined in OAC 340:75-3-2, the best interests of the public are served by public disclosure of information concerning the investigation of the death or near death of the child and any other investigations concerning the child or other children living in the same household within three years of, and one year after, the death or near death.
(1) Any disclosure of information does not identify or provide, other than the identity of the person criminally charged:
(A) an identifying description of any complainant or reporter of child abuse or neglect;
(B) the name of the child victim's siblings or other children living in the same household;
(C) the parent or other person responsible for the child; or
(D) any other member of the household. ¢ 6
(2) at any time seven days after but no more than 30 days, of the date the person responsible for the child is criminally charged, OKDHS, the Oklahoma Commission on Children and Youth, the district court clerk, the judge having jurisdiction over the case, or the district attorney may upon request, release to the public:
(A) confirmation that a report has been made concerning the alleged victim or other children living in the same household and whether an investigation has begun;
(B) confirmation as to whether previous reports were made and the dates and a summary of the previous reports, including:
(i) the dates and outcomes of any investigations or actions taken by OKDHS in response to any report of child abuse or neglect;
(ii) the specific recommendation made to the district attorney by OKDHS; and
(iii) any action taken by the district attorney after submission of any investigative report; and
(C) the dates of any judicial proceeding prior to the child's death or near death, including:
(i) specific recommendations made by OKDHS in any progress reports submitted to the court;
(ii) a summary of each participant's recommendations made at the judicial proceedings, including recommendations made at the hearing as they relate to the custody or placement of the child; and
(iii) the rulings of the court.
INSTRUCTIONS TO STAFF 340:75-1-44 There is now a minor ITS revision as of 10-23-09.
Revised 6-1-07
1. Disclosure procedures.
(1) All disclosures are documented in the case record.
(2) Confidential information is not released solely on the basis of a telephone contact because Oklahoma Department of Human Services (OKDHS) staff cannot be assured of the identity of the caller.
(3) Necessary discussion of case information, personally or by telephone, is allowed between authorized OKDHS staff.
2. A summary of Child Welfare (CW) information about a client is shared with the client's attorney in juvenile proceedings only. Before sharing information, the CW worker must verify that the attorney is the legal representative for the client. Any information shared with the client, such as child abuse or neglect allegations, findings, and treatment plan Individualized Treatment Plan (ISP) recommendations, may be shared with the legal representative of the client.
(1) To verify that the attorney requesting the information is representing the client, the CW worker checks the court file or asks the attorney to put the request for information in writing.
(2) The client may provide verification to the CW worker that the attorney is the client's legal representative.
3. Confidentiality. CW staff:
(1) discusses with all clients why information is gathered, the purpose for the information, and the circumstances under which the information will be released. The client is advised that:
(A) information about the client may be shared with the client's counselors or therapists for treatment purposes and in the context of assisting the client to resolve problems; and
(B) counselors must observe confidentiality requirements.
(2) protects the privacy of the client when contacting a collateral reference. The CW worker explains the reason for the contact, the need for information in a specific area of concern, and how the information received will be used, and does not reveal any other information about the client's situation.
4. Any youth leaving out-of-home placement at or after the age of 18, or adult who was in the custody of OKDHS as a child, is entitled to limited information from the case record. The youth or adult is not given the case file to read, but is provided a summary of information regarding the youth's or adult's own CW involvement, medical, and social history. The youth or adult is given any health or education records, birth certificate, and Social Security card, if the original is in the case record. Copies are kept for the file. The county of jurisdiction at the time the youth exits care or when the adult requesting the information reached the age of majority is responsible for providing this information to the youth at exit from care or to the adult upon request.
5. Protocol for media contact.
(1) Media inquiries to field staff are referred to the county director for determination of the appropriate OKDHS spokesperson, and the Office of Communications is advised of the inquiry at 405-521-3027.
(2) Media inquiries to CFSD are referred to the programs manager responsible for the particular program(s) under inquiry and the Office of Communications is advised of the inquiry.
(3) Media inquiries regarding the person responsible for the child who is criminally charged with the child's death or near death are referred to the designated OKDHS spokesperson per OAC 340:75-1-44.
(4) When case-specific information obtained by the media from district attorneys, court records, attorneys for the parents of the child, or the parents is made public, confidentiality is still maintained by OKDHS.
(5) Media recruitment for specific program needs, such as foster home and adoptive home recruitment, is preplanned in conjunction with the CFSD program areas and the Office of Communications.
6. Staff contacts OKDHS Child Protective Services Section before disclosing any information regarding a child's death or near death. The OKDHS Legal Division ascertains that the person responsible for the child has been criminally charged and contacts the designated OKDHS spokesperson regarding disclosure of information.
Revised
(a) Court order. Any record prepared, obtained or maintained by Child Welfare (CW), Children and Family Services Division (CFSD) with regard to a child who is or has been under DHS Oklahoma Department of Human Services' (OKDHS) care, custody, or supervision or a family member or other person living in the home of the child may be inspected, released, disclosed, corrected or expunged pursuant to an order of the court. A subpoena or subpoena duces tecum to compel testimony or disclosure of such information or record is invalid. The procedure to obtain a court order is set forth in subsection (b) Section 1-6-102 of Title 10A of the Oklahoma Statutes. The record includes, but is not limited to:
(a) any study, plan, recommendation, assessment, report made or authorized to be made by OKDHS for the purpose of determining or describing the history, diagnosis, condition, care, or treatment of the child, or
(b) safety analysis records that have been prepared and obtained in response to a report of alleged child abuse or neglect and include assessment reports and reports to the district attorney with all supporting documentation attached and any addendums. ¢ 1 through 6
(b) Procedure for obtaining order. A petition, application or motion must be filed to obtain an order of the court for release of such records or information and a hearing had by the court with reasonable notice to all interested parties. The hearing may be closed at the court's discretion. The notice or order accompanying the petition will set forth the date for hearing or production. The court may enter an order authorizing the inspection, release, disclosure, correction or expungement of confidential records only after a review of the records by the judge and a determination, with due regard for the confidentiality of the records and the privacy of persons identified, that a compelling reason exists and that such order is necessary for the protection of a legitimate public or private interest.
(c) Divorce, custody modifications or guardianship cases. In the event a petition for release of CW records or information is filed in a divorce, custody modification, or guardianship matter, the worker prepares the information requested by the court by making a copy of the records requested. The worker should be able to identify these three kinds of proceedings by a review of the Petition and the style of the case. ¢ 1 There may be a notice or order accompanying the Petition which will set forth the date and time for hearing the Petition, or in some cases an order to produce the records to the judge at a time specified in the order may be served with the Petition or soon afterwards. If an order is received to produce records to the judge without a hearing, the worker delivers the records only to the judge or an employee of the judge willing to accept such records on or before the date and time specified. If a hearing is set and if ordered by the judge at the hearing, the records are handed to him or her for review at that time. The law requires the same procedure for testimony as for release of records; therefore, if only testimony or both records and testimony are requested, the worker appears at the time specified by the court but ensures that the judge is ordering testimony prior to testifying. If records are not requested, the worker appears without records. The judge may question or interview the worker outside the presence of the parties, to determine what, if any, disclosure will be permitted. ¢ 2
(d) Subpoenas or Subpoena Duces Tecum. Section 7005-1.2(C) of Title 10 of the Oklahoma Statutes invalidates any state court subpoena or subpoena duces tecum purporting to compel disclosure of child welfare records or information. ¢ 3 through 5
INSTRUCTIONS TO STAFF 340:75-1-45
Revised
1. When a petition, motion or application for release of an agency record is received by the Child Welfare (CW) worker, the CW supervisor is notified.
2. For example, divorce and custody modification generally have an FD or JFD case number prefix and usually have a style of the case reflecting individuals with the same last name. Guardianship cases are generally styled "In the Matter of" or "In Re: Guardianship of" and have a P or PG case number prefix. Information in the relevant case records may also identify the parties named in the style of the petition as parents or relatives involved in a divorce or guardianship matter.
3. If a subpoena is issued through a federal court, Legal Division is contacted for assistance. Federal court subpoenas can be identified as they will show the matter pending in a United States District Court. Likewise, if a subpoena is issued in a criminal matter, Legal Division is contacted for assistance.
4. Contact the Legal Division for assistance:
(1) if reasonable concern exists about the safety or privacy of a reporter, complainant, or other person involved in the case;
(2) if the order directs production of records or information to anyone other than the judge;
(3) for all criminal matters where a petition and notice are received; and
(4) for all other proceedings except divorce, custody modification, or guardianships.
5. Although no response to a subpoena for child welfare information is required, the CW worker contacts the attorney who issued the subpoena and explains why the subpoena will not be honored.
1. County procedures for petitions, motions, and orders for records. Each county
designates a County Director (CD) or Child Welfare (CW) supervisor to receive and examine all petitions, motions, orders, and other requests for CW records. This designee:
(1) reads the petition or court order and determines what records are being
requested.
(2) directs the appropriate staff to comply with the court directive;
(3) consults the Legal Division if there is a question regarding interpretation of the court order, an objection needs to be filed, or other guidance is needed due to an unusual circumstance.
2. Release of safety analysis records. Section 1-6-102(D) of Title 10A of the Oklahoma Statutes (10A O.S. § 1-6-102(D)) does not apply to deprived child proceedings which are governed by a separate discovery statute. When a court order directs CW to produce records per 10A O.S. § 1-6-102(D) in a family law proceeding where child custody or visitation is at issue and the party seeking the records is a parent, legal guardian, or child who is the subject of the records:
(1) the CW staff person designated by the CD or CW supervisor delivers
one-sided copies of only the OKDHS safety analysis records to the court.
Safety analysis records are assessment reports and reports to the district
attorney with all supporting documentation attached and any addendums
that have been prepared in response to child abuse or neglect allegations.
Although the order may state, "all records" or specify only certain or
limited records, only the safety analysis records are produced in family law
proceedings;
(2) the records produced to the court are not subject to a judicial review
and may be released by the court to the attorneys under a protective order.
(3) a minimum of five judicial days notice to CW is required prior to the records being delivered to the court.
3. Release of records for other proceedings. When a request for OKDHS records
is received per 10A O.S. Section 1-6-102(E) in regards to other civil, criminal, or administrative law proceedings that do not pertain to child custody or visitation:
(1) the CW staff person designated by the CD or CW supervisor produces one-sided copies of all records to the court that are specified in the court order;
(b) this section of law applies rather than the law relating to safety analysis records if a party in a family law case is not the subject of the CW records that the court has ordered be produced;
(c) records ordered under this section of the law are subject to judicial review prior to the records being released to the attorneys under a protective order; and
(d) a minimum of 20 days notice to OKDHS is required before the records are to be produced to the court.
4. Process for searching records. The CW staff person designated by the CD or
CW supervisor:
(1) reads the petition or motion for records and the court order for records to identify the persons about whom records are being ordered;
(2) if the persons involved have common names, contacts the attorney who has obtained the court order to get identifying information such as date of birth and social security number;
(3) conducts a KIDS search on each name to identify any KK cases;
(4) conducts an IMS search on each name to identify any OKDHS cases;
(5) conducts an ACES search if the IMS search shows any type of public assistance (PA) case number and use the PA numbers to do an Option 2 search on ACES; and
(6) contacts the Legal Division for assistance if the search reveals adoption or post adoption assistance cases.
5. Preparing records for delivery to the court.
(1) The CW staff person, designated by the CD or CW supervisor, makes one-sided copies of the paper case record as follows:
(A) if the court order directs or pertains to safety analysis records, copies only assessments and Reports to DA and all attachments and any addendums prepared pursuant to an allegation of child abuse or neglect;
(B) if the court order directs that all records be produced when 10A O.S. §1-6-102(D) applies, copies the entire paper file including, but not limited to all documents, e-mails, hand written notes, DVDs, drawings, and photographs;
(C) redacts from the copies of referrals, with a black marker, all information on each referral that identifies the reporter or the reporter's location and re-copies all redacted pages to ensure the redacted copy cannot be read;
(D) redacts the KIDS Reporter Information section and information in the Incident Description section and elsewhere in the referral for that identifies the reporter or report's location. The redacted pages are re-copied to ensure the redacted information cannot be read; and
(E) contacts the Legal Division for assistance if the court order includes records concerning investigations of foster homes or day care facilities as special redaction rules may apply.
(2) The CW staff person, designated by the CD or CW supervisor prints the entire electronic case records in KIDS in all cases where the court order requires all CW records to be produced; and
(A) sets the printer preferences to copy one-sided before printing the entire electronic record;
(B) redacts the KIDS Reporter Information section of the referral form and information in the Incident Description section of the referral and elsewhere in the referral that identifies the reporter or reporter's location and re-copies all redacted pages to ensure that the redacted information cannot be read.
6. Packaging records being sent to the court. The CW staff person designated
by the CD or CW supervisor:
(A) places records in an envelope for delivery, with the court order enclosed as the first document in the records envelope, and seals the envelope;
(B) tapes cover sheet containing court case name and case number to the outside of the envelope; and
(C) prepares a receipt to be signed by the judge or member of the judge's staff when the records are delivered.
7. Documenting records sent to the court. The CW staff person designated by the CD or CW supervisor:
(A) maintains a records log to track records that have been sent to the court and to document who received and signed for the records; and
(B) files the copy of the records receipt in each CW record that has been copied and produced to the court.
340:75-1-46. Transfer and release of confidential information with the standard Consent for Release of Information form
(a) As mandated in 10 O.S. § 620.1 – 620.4, a uniform form, Consent for Release of Information, Form DCYFS-804MP001E, has been developed by the agencies listed in (1) of this subsection to be utilized when requesting confidential information from each of these agencies.
(1) Agencies mandated to develop and use the uniform Consent for Release of Information are:
(A) Oklahoma Department of Human Services (OKDHS);
(B) Department of Mental Health and Substance Abuse Services;
(C) State Department of Health;
(D) State Department of Education;
(E) State Department of Vocational and Technical Education;
(F) Oklahoma Commission on Children and Youth;
(G) J.D. McCarty Center for Children with Developmental Disabilities; and
(H) Department of Corrections. and;
(J) Office of Juvenile Affairs
(2) The agencies in (1) of this subsection adopted the release form and its guidelines for use in instances and circumstances when agencies need information which is maintained by another of the participating agencies in order to provide services to a child and his or her family.
(A) The release does not allow information to be obtained from or released to a participating agency if the information is not otherwise subject to release by written consent.
(B) Confidential information maintained by the Department OKDHS is only released in compliance with state and federal law and agency policy as set forth in OAC 340:75-1-42 through 340:75-1-45. The signed Form DCYFS-804MP001E, Consent for Release of Information does not require or further allow release of information except to the extent allowed by DHS OKDHS policy. In most circumstances, a Consent for Release of Confidential Information form received by the Department OKDHS from a participating agency may be treated as a request for disclosure of relevant case information by an authorized service provider entitled to such information without a court order under one or more specific provisions in OAC 340:75-1-42 through 340:75-1-45.
(C) The Form 04MP001E, Consent for Release of Information form is not required for an otherwise authorized disclosure, nor does the form alone authorize any disclosure which would be unauthorized under OAC 340:75-1-42 through 340:75-1-45.
(b) When completing the Form 04MP001E Consent for Release of Information form, it shall be noted that state law allows for medical and/or mental health treatment (with certain exceptions) of some minors without parental consent as provided in 63 O.S. § 2602. If a minor is legally competent to consent to his or her own treatment, no other person, including a parent, may consent to the release of records relating to such treatment. Minors who cannot consent for treatment cannot release treatment records. Consent may only be given by the parents, guardian, or legal custodian.
(c) Appropriate authorizing persons may sign a release for the transfer of a copy of confidential records from one state agency to another. The release should be dated and notarized or bear the signature of the appropriate agency staff and is only valid for a period of one year. DHS Form DCYFS-8 04MP001E, Consent for Release of Information is used in such situations. The release is available for use only if such a release of the confidential information is not otherwise prohibited by state or federal law. Rules and policy of each participating agency should be consulted to ascertain whether or not certain restrictions on transfer may apply to specific types of records maintained by various agencies.
SUBCHAPTER 4. FAMILY-CENTERED AND COMMUNITY SERVICES
PART 1. VOLUNTARY FAMILY-CENTERED SERVICES
340:75-4-9. Purpose, philosophy, legal base, and authority
(a) Purpose. Voluntary Family-Centered Services (FCS) includes decision-making processes following a child abuse or neglect investigation or assessment, making decisions about appropriate referrals and services that are to be provided to families following an assessment or investigation of child abuse or neglect allegations. The purposes of voluntary FCS are to assess a family's needs for services and make referrals for services when child abuse, neglect, or both are identified. Service needs assessment and referral focus on increasing safety for the child and family, while preserving and strengthening the protective capacities of the family in order to prevent unnecessary out-of-home placements.
(b) Philosophy. Family reunification or rehabilitation is a priority, but the right to family integrity is limited by the right of children to be protected from abuse and neglect, per Section 7001-1.21-1-102 of Title 1010A of the Oklahoma Statutes. FCS emphasizes a commitment to:
(1) maintain children safely in their own homes when possible;
(2) focus on the entire families family rather than individuals; and
(3) provide comprehensive services that meet the range of families' target the family's therapeutic, supportive, and concrete needs.
(c) Legal base and authority. Preventive and pre-placement services to children and families are mandated by the Promoting Safe and Stable Families Act, Title IV-B, Subparts I and II, and Oklahoma Department of Human Services Child and Family Services Plan.
340:75-4-12.1. Voluntary Family-Centered Services procedures
Revised
Upon completion of an assessment or investigation or assessment, utilizing all available information, the Child Welfare (CW) worker determines the safety of the child, protective capacities of the PRFC, and the prevention and intervention service needs of the child and family. Options for services include no services needed, referral for agency or community-based services, and referral for Oklahoma Children's Services (OCS) Comprehensive Home-Based Services (CHBS). ¢ 1
(1) Investigation or assessment documentation. At the conclusion of an assessment or investigation or assessment, the CW worker completes either as applicable, Form 04KI003E, Report to District Attorney, or Form 04KI007E 04K1030E, CPS Family Assessment, Assessment of Child Safety. and Forms 04K1029E, Voluntary Safety Plan and 04MP025E, Voluntary Family Service Agreement, when a child is determined to be unsafe and services are being recommended, and 04KI023E, Safety Assessment, per OAC 340:75-3-11 and 340:75-3-13.
(2) Safety planning. The safety of the child is addressed before any other intervention is pursued. Safety determination and responses are completed in accordance with OAC 340:75-3-10.1 and documented on Form 04KI023E Forms 04KI030E, Assessment of Child Safety and 04K1029E, Voluntary Safety Plan.
(3) Determining service needs and assisting the family in safety and service planning. When possible, the The Voluntary Safety Plan safety evaluation and service planning include the involvement and input of the family. The risk of future maltreatment to the child, safety threats, protective capacities of the family, and the level of need within the family determine the intensity and duration of services required to address any concerns within the family. The CW worker considers the facts, and the family's circumstances, and their needs to determine the level of intervention intervention-related services a family needs that would benefit the family. The CW worker may access contingency funds to assist with service needs in accordance with OAC 340:75-1-28. ¢ 1
(4) Voluntary Family Service Agreement. The CW worker discusses service options with the family and explains that services are voluntary unless there is court action involving the child and family.
(A) When services are recommended, Form 04MP025E, Voluntary Family Service Agreement is explained to the family and the family is offered the opportunity to enter into a voluntary agreement and opportunity to accept services.
(B) Form 04MP025E The Voluntary Family Service Agreement documents the acceptance of services needed and agreed to by the family to help provide for the child's safety without with CW intervention. ¢ 2
(5) Informal supports to Voluntary Family Service Agreement. With the family's permission, supportive persons, such as neighbors, friends, volunteers, and extended family members, may be involved in safety plans and service agreements. Supportive persons who agree to be resources for the family commit to involvement in the safety planning and voluntary services by signing Form 04MP025E, Voluntary Family Service Agreement.
(6) Family Team Meeting. A Family Team Meeting (FTM) is a structured, facilitated meeting that includes parents, caregivers, relatives, Child Welfare Specialists, and other service providers to collaboratively create plans that effectively address safety, permanency, and well being. A FTM is offered to every family receiving FCS to discuss the safety needs of the child and determine the appropriate service needs for the family.
(67) Formal supports to Voluntary Family Service Agreement. Formal supports include programs and professional services, such as community-based service programs, that assist the family in providing a safe environment for the child with
incorporating new behaviors that support safety. Comprehensive Home Based Services (CHBS) and Parent Aide Services (PAS) are available through OCS, as described in OAC 340:75-4-12.275-1-151.
(78) Assessing the need for voluntary foster family care. Voluntary foster family care is available as a preventive and protective service to enhance family functioning without court intervention.
(A) A child may be placed in foster family care at the request of the child's parent(s) or legal guardian when an emergency temporarily disrupts normal functioning.
(B) A child whose needs exceed traditional foster family care is not eligible for this service, per OAC 340:75-8-1.
(C) Relatives or other resources available to the family are fully explored and ruled out as a possible option before considering voluntary foster family care.
(D) An open CW case is required for voluntary foster family care.
(89) Voluntary placement of child. Specific procedures are followed to place a child in voluntary foster family care. ¢ 23
(A) Foster Voluntary foster family care by voluntary request is requires a written, signed agreement between signed by the parent(s) or legal guardian and Oklahoma Department of Human Services (OKDHS) wherein authority is given to OKDHS to place the child in foster family care and provide for the child's needs.
(B) Prior to placement, the CW worker prepares Form 04FC007E, Authorization from Parent or Guardian for Voluntary Foster Family Home Placement and Medical Care of Child, which the parent(s) or guardian signs.
(C) Pursuant to the terms of the agreement, the child is returned to the parent(s) or legal guardian at the request of the parent(s) or legal guardian.
(D) If the parent(s) or legal guardian fails to meet the terms of the agreement, or cannot be located, or out-of-home care extends beyond 90 days, court involvement is required and could result in termination of parental rights.
(E) At the time of the child's placement, the parent(s) or legal guardian is advised that any information obtained during the time the child is in voluntary foster family care may be used as the basis for a petition alleging that the child is deprived.
(F) Foster family care by voluntary request is approved for an initial period of 30 days and may be extended up to a maximum of 90 days when the extension may result in family reunification without requiring court intervention.
(G) Court intervention is required when foster family care extends beyond 90 days. ¢ 34
(910) Protective and preventive child care. Child care services may be provided to a family whose child is at risk for removal due to abuse and or neglect and to a family in the process of reunification, per OAC 340:75-6-91. ¢ 45
(1011) SoonerStart services. When a child younger than three years of age is a victim in a confirmed case of child abuse or neglect, a referral is made to the SoonerStart Early Intervention program, per OAC 340:100-3-15. When the child is not in OKDHS custody, the referral is offered to the child's parent(s) as a voluntary service.
(1112) Transporting families who receive voluntary FCS. Initially, the CW worker may assist with the transportation needs of the family receiving voluntary family-centered services (FCS). The CW worker explores with the family other means of transportation that allow for independence once services are completed. The person responsible for the child (PRFC) must be in the vehicle when CW transports a child who is not in OKDHS custody.
(1213) Case management responsibilities for exceptional voluntary FCS cases. Upon conclusion of an assessment or investigation, if a child is determined to be unsafe Ongoing voluntary family centered services are not provided by CW unless authorized by the county director. Certain circumstances require that CW retain case management of voluntary cases with full responsibilities for service provision as outlined in OAC 340:75-4-13, regardless whether the family is referred for CHBS. ¢ 56 and 7
(13) Transfer of case responsibility to CHBS Family Centered Service worker. When CHBS Services is determined as the most appropriate service intervention based on the Levels of Service, the CW worker prepares for the transfer of responsibility as described in OAC 340:75‑1‑152.4. Before referring a family for CHBS, the CW worker must address the safety of the child during an abuse or neglect investigation or assessment, per OAC 340:75-3-10.1. ¢ 6
INSTRUCTIONS TO STAFF 340:75-4-12.1
Revised
1. Levels of Service. The Child Welfare (CW) worker considers the facts and the family's circumstances and needs. To determine the levels of service or intervention a family needs, the CW worker uses the Levels of Service protocol. The family is referred to the level of service that best promotes the child's safety, permanence, and well-being.
(1) Level 1 - No Services Needed. No Services Needed services needed is consistent with an investigation finding of services not needed Rule Out, or a completed assessment in which the conclusion is that no services are needed.
(A) To assess the safety and service needs of the family, the CW worker completes:
(i) a review of any history, including history from other states;
(ii) Form 04KI007E 04K1030E, CPS Family Assessment of Child Safety for assigned assessments; or
(iii) Form 04KI003E, Report to District Attorney and Form 04KI030E if the referral is assigned as an investigation or converted from an assessment to an investigation.; and
(iv) Form 04KI023E, Safety Assessment.
(B) The selection criteria for Level 1 are described in (i) through (v).
(i) Form 04KI023E 04KI030E, Assessment of Child Safety indicates the child is determined to be safe no risk to the child and the Person Responsible for the Child (PRFC) has the protective capacities to ensure the safety and well-being of the child.
(ii) There is no indication of abuse or neglect to the child.
(iii) Minimum parenting standards are being met.
(iv) The family has strengths, protective capacities and resources and is able to deal with challenges and needs without referral to community agencies.
(v) The family does not have significant problems, such as domestic violence, substance abuse, mental illness, or a child with developmental delays.
(2) Level 2 - Referral for Agency or Community-Based Services. Referral for Agency or Community-Based Services is recommended when there is low risk to the child, and Form 04KI030E, Assessment of Child Safety indicates the child is determined to be safe. the The family is able to use Oklahoma Department of Human Services (OKDHS) or community resources for support without further intervention by CW. An investigation finding of unsubstantiated-services recommended services recommended is most consistent with Level 2 services or a conclusion on Form 04KI007E 04KI030E, Assessment of Child Safety, that referral to services is recommended. Cases with a finding of confirmed report – services recommended with Form 04KI023E indicating low risk to the child, may benefit from Level 2 services.
(A) To assess the safety and service needs of the family the CW worker completes the steps in OAC 340:75-4-12.1 Instructions to Staff (ITS) 1(1)(A) and Form 04MPO25E, Voluntary Family Service Agreement.
(B) The selection criteria for Level 2 are described in (i) through (ix).
(i) Form 04KI023E 04KI030E, Assessment of Child Safety indicates low risk to the child there are no safety threats to the child but the family could benefit from services.
(ii) There is no indication of abuse or neglect, or the abuse or neglect was minor or an isolated incident.
(iii) Minimum parenting standards are being met.
(iv) The family has some challenges and needs that do not endanger the child's immediate safety.
(v) The family has strengths, protective capacities and resources and is able to deal with these challenges and needs through involvement with extended family, community resources, or both.
(vi) The family does not have significant problems, such as domestic violence, substance abuse, mental illness, or a child with developmental delays, or if any of these problems exist, the problems do not threaten the child's safety.
(vii) There is no history of serious or chronic maltreatment to the child.
(viii) Services and resources needed by the family are available and accessible in the community.
(ix) The family is willing and able to make necessary changes to ensure safety, permanency, and well-being for the child.
(C) Level 2 services include:
(i) assistance in finding and accessing community resources, such as housing resources, food closets, basic parenting programs, parent aides, parent education, visiting nurse, educational resources, employment services, vocational counseling, training, or rehabilitation; and
(ii) other OKDHS services, such as Temporary Assistance to Needy Families (TANF).
(3) Level 3 - Short-Term Services. Short-Term Services are recommended when there is moderate but manageable risk to the child and services may be provided by community resources that provide ongoing services. An investigation finding of Substantiated – services recommended is most consistent with Level 3 services. At the discretion of the county director, an ongoing voluntary When a child is determined to be unsafe and in need of a safety plan, CW is required to maintain an open Family-Centered Services (FCS) case may be maintained by the CW worker, per OAC 340:75-4-13. The FCS case may be opened for 60 days, and extended an additional 30 days with the approval of the county director. An assessment with a conclusion of services recommended, or an investigation finding of services recommended or confirmed report - services recommended may be referred to Level 3 when Form 04KI023E indicates moderate risk to the child. When the safety of the child in the home may only be improved by longer term intervention, Level 4 services are more appropriate.
(A) To increase the safety of the child and plan for any immediate services that the family may need, the CW worker completes the steps in OAC 340:75-4-12.1 ITS 1(2)(A), and completes Forms 04K1029E, Voluntary Safety Plan, and 04MPO25E, Voluntary Family Service Agreement, and, if necessary, makes a referral for specialized evaluations, such as developmental or substance abuse assessments.
(B) The selection criteria for Level 3 are described in (i) through (ix).
(i) According to initial Form 04KI023E 04KI030E, Assessment of Child Safety, the child may not be safe is unsafe and requires a safety plan. The behaviors or conditions factors threatening child safety are moderate and can be controlled changed or modified improved by the family within a short time frame.
(ii) The parent(s) is capable of meeting minimum parenting standards on his or her own after short-term with intervention by CW.
(iii) Injuries or harm from the abuse or neglect to the child is minor to moderate and not life-threatening, such as over-discipline and inattention to non-critical medical needs.
(iv) Substance abuse by the family involves recreational use without a history of chronic use and does not involve use of methamphetamines.
(v) The family faces challenges and needs that may have an effect upon risk and safety, such as domestic violence, substance abuse, mental illness, or developmental delays that are not overwhelming, chronic, or severe. The family has strengths and resources to deal with the challenges and needs, with the assistance of CW intervention.
(vi) The family accepts responsibility for the incident and is willing and able to change with support.
(vii) Any history of serious or chronic maltreatment was successfully addressed in the past.
(viii) The services and resources needed by the family are available and accessible in the community.
(ix) The family has demonstrated the capability to make necessary changes.
(C) The CW worker must verify and document in KIDS whether the family is actively involved in the services to which the family was referred. Level 3 services include:
(i) short-term interventions, such as parent aide services, Comprehensive Home-Based Services (CHBS), homemaker services, child care services, crisis counseling, short-term counseling, parenting classes, and supportive casework;
(ii) ongoing voluntary FCS by CW at the discretion of the county director;
(iii) other OKDHS services, such as TANF; and
(iv) community resources, such as housing resources, educational resources, employment services, vocational counseling, training, or rehabilitation.
(4) Level 4 – Oklahoma Children's Services (OCS) Comprehensive Home-Based Services (CHBS). CHBS is recommended when there is moderate to high risk to the child and the child is at imminent risk of placement outside of the home. The child is determined to be unsafe, present or impending danger exists, and the protective capacities of the parent need to be enhanced. An investigation finding of confirmed report Substantiated- services recommended is most consistent with Level 4 services. An investigation with a finding of confirmed report - court intervention Substantiated – court intervention recommended, where the district attorney declined to file a deprived petition, is referred to Level 4 services when the family agrees to accept CHBS.
(A) The CW worker completes the steps in OAC 340:75-4-12.1 ITS 1(2)(A),3(A), and, if necessary, a referral for specialized evaluations, such as developmental or substance abuse assessments.
(B) The selection criteria for Level 4 are described in (i) through (xix).
(i) Per Form 04KI023E04KI030E Assessment of Child Safety, indicates, a child is not safe and requires a safety plan. The risk factors or safety threats threatening safety are moderate to high but can be controlled and managed with a safety plan without removal of the child or recommendation for court intervention.
(ii) When the district attorney declines to file a petition in an investigation with a finding of confirmed report Substantiated - court intervention recommended, Level 4 services are offered to the family the next working day.