Current through Vol. 42, No. 1, September 16, 2024
(a)
Placement preference. When
the Oklahoma Department of Human Services (DHS) determines placement with the
noncustodial parent is not in the child's best interests, preference, per
Section 1-7-106 of Title 10A of the Oklahoma Statutes (10A O.S. §
1-7-106), is given to relatives and persons who have a kinship relationship
with the child, who are determined suitable, capable, and willing to serve as
the child's caretakers.
(1) DHS reports to
the court what diligent efforts were made to secure the placement, per 10A O.S.
§ 1-4-204.
(2) In cases where
the Indian Child Welfare Act (ICWA) applies to the child, placement
preferences, per 10 O.S. § 40.6; or the child's tribe-specific order, per
the Federal Indian Child Welfare Act (FICWA), Section 1915(c) of Title 25 of
the United States Code (
25 U.S.C. §
1915(c)) , are
followed.
(3) DHS verifies ICWA
applicability within three months of taking the child into custody.
(b)
Due diligence to
identify and notify relatives. Within 30-calendar days of the removal of
a child, DHS exercises due diligence to identify the child's relatives, per 10A
O.S. § 1-4-203. DHS completes a nationwide relative search within three
months of taking the child into custody. Notice is provided by DHS to each
grandparent, other adult relatives of the child, and parents of the child's
siblings, per
42 U.S.C. §
671(a)(29). Relatives are
not notified when notification is not in the child's best interests due to past
or current family or domestic violence. The notice advises the relative:
(1) the child was or is being removed from
the custody of the child's parent or parents;
(2) of the options under applicable law to
participate in the child's care and placement, including any options that may
be lost by failing to respond to the notice; and
(3) of the requirements to become a foster
family parent and the additional services and supports available for children
placed in the home.
(c)
Efforts required for children 16 years of age and older with a planned
alternative permanent living arrangement placement.
(1) Per 10A O.S. § 1-4-811, DHS
documents and presents compelling reasons to the court at each permanency
hearing of the intensive, ongoing, and, as of the date of the hearing,
unsuccessful efforts made to:
(A) return the
child home; or
(B) place the child
with a fit and willing relative, including adult siblings, a legal guardian, or
an adoptive parent; and
(C) find
biological family members for the child utilizing search technology, including
social media.
(2) DHS
documents at each permanency hearing the steps taken, including inquiry of the
child in an age-appropriate manner, to ensure the:
(A) foster family home of the child or
facility where the child is placed uses the reasonable and prudent parent
standard; and
(B) child has
regular, ongoing opportunities to engage in age-appropriate or
developmentally-appropriate activities.
(3) When a planned alternative permanent
placement is the court-ordered permanency plan for the child, at each
permanency hearing the court:
(A) may ask the
child about the permanency outcome the child desires; and
(B) makes a judicial determination as of the
date of the hearing, why a planned alternative permanent placement is the best
permanency plan for the child and provides compelling reasons why it continues
to not be in the child's best interests to return home, be placed for adoption
with a legal guardian, or placed with a fit and willing relative.
Added at 18 Ok Reg
3067, eff 7-12-01; Amended at 24 Ok Reg 1044, eff 6-1-07; Amended at 27 Ok Reg
1092, eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10; Amended
at 29 Ok Reg 635, eff 6-1-12; Amended at 30 Ok Reg 839, eff
7-1-13
