Current through Vol. 42, No. 1, September 16, 2024
(a)
Dispositional hearing
purpose. The purpose of the dispositional hearing is to determine the
individualized needs of the child and family, and custody of the child during
the deprived case. The court considers all helpful evidence in determining the
disposition that is in the child's best interests.
(b)
Dispositional hearing. After
a child is adjudicated to be deprived, the court holds a dispositional hearing,
per Section 1-4-706 of Title 10A of the Oklahoma Statutes (10A O.S. §
1-4-706).
(1) When the child is removed from
the parent's custody, the court or the Oklahoma Department of Human Services
(DHS) considers concurrent permanency immediately and throughout the case. When
appropriate, a concurrent plan is developed to ensure permanency for the child
occurs at the earliest opportunity in the event reunification fails or is
delayed. Appropriate in-state and out-of-state placement options are identified
and the placement selected is the best available placement to provide
permanency for the child.
(2) At
the hearing, a DHS recommended, individualized service plan is presented to the
court. The judge makes the final decision regarding if the proposed
individualized service plan is accepted and if any or all recommendations are
ordered by the court.
(c)
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, per 10A O.S. § 1-4-706.
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 noncustodial parent, a
placement preference is given to relatives and persons who have a kinship
relationship with the child. DHS reports to the court, the diligent efforts
made to secure the placement per 10A O.S. § 1-4-204 and Oklahoma
Administrative Code (OAC)
340:75-6-85.2. In cases when the
Indian Child Welfare Act applies, the placement preferences of the Act are
followed per OAC
340:75-19-14.
(d)
Placement prohibitions. A
potential foster or adoptive parent is not approved as placement for a child
when the potential foster or adoptive parent or any other person residing in
the home of the potential foster or adoptive parent was convicted of any of the
criminal offenses specified in 10A O.S. § 1-4-705 and OAC
340:75-7-15 or when the potential
foster or adoptive parent is subject to, or is married to, or living with
someone subject to the Oklahoma Sex Offender Registration Act.
(e)
Dispositional options. 10A
O.S. § 1-4-707 permits the court to enter dispositional orders including,
but not limited to:
(1) placing the child
under DHS protective supervision in the child's own home, with the child's
parent or legal guardian with whom the child was residing at the time the
events or conditions arose that brought the child within the court's
jurisdiction, subject to conditions as prescribed by the court that would
reasonably prevent the child from continued deprivation. DHS supervision
remains in effect for one year unless extended or reduced in appropriate
circumstances by the court per 10A O.S. § 1-4-707;
(2) placing custody of the child with the
non-custodial parent under DHS protective supervision; and ordering:
(A) reunification services for the parent or
legal guardian from whom the child was, or is being removed;
(B) services for the parent, who is assuming
physical custody of the child to allow the parent to later obtain legal custody
without court supervision; or
(C)
services for both parents, with the court determining at a subsequent review
hearing which parent, if either, will have legal custody of the
child;
(3) placing the
child in the home of a parent. The court gives a preference for placing
temporary custody of the child with a relative, per 10A O.S. § 1-4-204,
subject to the child's best interests and the conditions and restrictions
specified in 10A O.S. § 1-4-705. In determining whether to place temporary
custody of the child with a relative, the court may consider:
(A) the child's physical, psychological,
educational, medical, and emotional needs;
(B) the wishes of the parent, the relative,
and child, when appropriate;
(C)
when placement of the siblings and half-siblings can be made in the same home,
if that placement is found to be in the best interest of each child;
(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 when 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 for appropriate and safe child
care, when necessary;
(4) placing the child in the custody of a
private institution or agency, including any institution established and
operated by the county, authorized to care for children or to place them in
family homes.
(A) In placing a child in a
private institution or agency, the court selects one that is licensed by DHS or
another state agency supervising or licensing private institutions and
agencies; or, when such institution or agency is in another state, by the
analogous department of that state.
(B) Whenever the court places a child in an
institution or agency, it transmits with the order of commitment a summary of
its information concerning the child, and the institution or agency gives to
the court such information concerning the child as the court may at any time
require;
(5) placing the
child in DHS custody. DHS makes an individualized determination when selecting
a placement for the child based upon the child's best interests and permanency
plan, utilizing:
(A) a home or facility
meeting the preferences specified by the federal and state Indian Child Welfare
Acts, when applicable;
(B) a
non-custodial parent's home;
(C) a
DHS-approved relative's home;
(D) a
DHS-approved non-relative's, kinship family home;
(E) an approved foster home where the child
was previously placed;
(F) a
DHS-approved suitable, non-kinship, foster family home;
(G) a suitable licensed group home for
children; or
(H) an independent
living program;
(6)
ordering that any person residing in the home follow specific conduct the court
determines is in the child's best interests that reasonably prevents the child
from continued deprivation;
(7)
ordering establishment of a permanent guardianship per 10A O.S. § 1-4-709;
and
(8) dismissing the petition and
terminating the court's jurisdiction at any time for good cause when it is in
the child's best interests.
(f)
Additional court
determinations. The court makes a determination whether:
(1) reasonable efforts:
(A) were 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) to reunite the child with his or her
family are inconsistent with the child's permanency plan;
(C) were taken to finalize the child's
permanent placement including, when appropriate, through an interstate
placement; or
(D) to reunite the
child with the family are not required, per 10A O.S. § 1-4-809 and OAC
340:75-1-18.4;
(2) 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; and
(3) to place siblings, who were removed,
together in the same foster care, guardianship, or adoptive placement and
provide for frequent visitation or other ongoing interaction for siblings, who
were removed, and are not placed together. Guidance on when siblings may be
separated is found in OAC
340:75-6-85.
(g)
Notification of hearing. DHS
provides notice of the hearing per OAC
340:75-1-16.1.
Amended at 9 Ok Reg
3713, eff 7-23-92 (emergency); Amended at 10 Ok Reg 3623, eff 7-12-93; Amended
at 11 Ok Reg 361, eff 10-15-93 (emergency); Amended at 11 Ok Reg 2267, eff
5-26-94; Amended at 13 Ok Reg 967, eff 1-24-96 (emergency); Amended at 13 Ok
Reg 2199, eff 6-14-96; Amended at 14 Ok Reg 593, eff 12-12-96 (emergency);
Amended at 14 Ok Reg 2288, eff 6-12-97; Amended at 15 Ok Reg 189, eff 11-1-97
(emergency); Amended at 15 Ok Reg 904, eff 12-16-97 (emergency); Amended at 15
Ok Reg 1661, eff 5-11-98; Amended at 16 Ok Reg 102, eff 10-13-98 (preemptive);
Amended at 16 Ok Reg 1950, eff 6-11-99; Amended at 17 Ok Reg 92, eff 10-1-99
(emergency); Amended at 17 Ok Reg 1311, eff 5-11-00; Amended at 18 Ok Reg 393,
eff 12-8-00 (emergency); Amended at 18 Ok Reg 3067, eff 7-12-01; Amended at 19
Ok Reg 402, eff 12-1-01 (emergency); Amended at 19 Ok Reg 2208, eff 6-27-02;
Amended at 22 Ok Reg 233, eff 11-4-04 (emergency); Amended at 22 Ok Reg 840,
eff 5-12-05; Amended at 24 Ok Reg 1044, eff 6-1-07; Amended at 25 Ok Reg 269,
eff 11-1-07 (emergency); Amended at 25 Ok Reg 970, eff 5-15-08; Amended at 26
Ok Reg 884, eff 5-15-09; Amended at 27 Ok Reg 1092, eff 3-26-10 (emergency);
Amended at 27 Ok Reg 1865, eff 7-1-10; Amended at 30 Ok Reg 839, eff
7-1-13
