Current through Vol. 42, No. 1, September 16, 2024
(a)
Written ISP requirement.
Form 04KI012E, Individualized Service Plan (ISP), and Form 04KI013E,
Individualized Service Plan (ISP) Dispositional Report, are components of the
case plan. Per Section 1-4-704 of Title 10A of the Oklahoma Statutes (10A O.S.
§ 1-4-704), Oklahoma Human Services (OKDHS):
(1) prepares and maintains a written ISP for
the child who is adjudicated deprived;
(2) furnishes the plan to the court within
30-calendar days after the adjudication; and
(3) makes a copy of the ISP available to each
party to the case including any applicable tribe or court-appointed special
advocate (CASA).
(b)
ISP preparation, content, disputes, and modifications. Per 10A
O.S. § 1-4-704, the ISP is based upon a comprehensive assessment and
evaluation of the child and family and is developed with the participation of
the child, when appropriate, and the child's parent, legal guardian, legal
custodian, attorney, guardian ad litem, and tribe, when applicable. The health
and safety of the child is the paramount concern in the ISP development.
(1) When any part of the ISP is disputed or
not approved by the court, an evidentiary hearing may be held and the court
determines the content of the ISP in accord with the evidence presented and in
the best interests of the child.
(2) The ISP is signed by:
(A) the child's parent or parents or legal
guardian;
(B) the attorney for the
child's parent or parents or legal guardian;
(C) the child's attorney;
(D) the child's guardian ad litem, when any,
that may be a CASA;
(E) a
representative of the child's tribe, when applicable;
(F) the child, when possible; and
(G) OKDHS.
(3) Each ISP is individualized and specific
to each child and the child's family.
(4) The ISP is written in simple and clear
English. When English is not the principal language of the child's parent,
legal guardian, or custodian, and the person is unable to read or comprehend
the English language, the ISP is written, to the extent possible, in the
person's principal language.
(5)
The ISP may be modified based on changing circumstances consistent with the
correction of the conditions that led to the child's adjudication or other
conditions inconsistent with the child's health, safety, or welfare.
(6) The ISP is measurable, realistic, and
consistent with other court-ordered requirements.
(c)
ISP content for the parent or legal
guardian. Per 10A O.S. § 1-4-704, the ISP for the parent or legal
guardian includes, but is not limited to:
(1)
a history of the child and family, including identification of the problems or
conditions leading to the deprived child adjudication and changes each parent
must make for the child to safely remain in, or return to the home;
(2) the permanency plan for the child, the
reason for selection of that plan, and a description of the OKDHS steps to
finalize the permanency plan;
(3)
identification of time-limited reunification services provided to the parent,
legal guardian, legal custodian, stepparent, other adult person living in the
home, or other family members;
(4)
a schedule of the frequency of services and the means by which delivery of the
services is assured or, as necessary, the proposed means by which support
services or other assistance is provided to enable the parent or child to
obtain the services;
(5) the name
of the child welfare specialist assigned to the case;
(6) a projected date for the ISP
completion;
(7) performance
criteria that measures the child and family progress toward completion of the
ISP including, but not limited to, time requirements for achieving objectives
and addressing the identified problems;
(8) the sequence and time requirements for
services provided to the parent to facilitate the child's return home; (9) a
description of services or resources requested by the child's parent or legal
guardian since the date of the child's placement, and if those services or
resources were provided and when not, the basis for the denial of the services
or resources;
(10) efforts to be
made by the child's parent and OKDHS to enable the child to return to his or
her home;
(11) a plan and schedule
for regular and frequent visitation for the child and the child's parent or
legal guardian and siblings, unless the court determined visitation, even when
supervised, would be harmful to the child;
(12) provisions for the child's safety, per
state and federal law, and clearly defined actions or precautions necessary to
provide for the safety and protection of the child;
(13) the statement: TO THE PARENT: THIS IS A
VERY IMPORTANT DOCUMENT. ITS PURPOSE IS TO HELP YOU PROVIDE YOUR CHILD WITH A
SAFE HOME WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. IF YOU ARE
UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE HOME OR ATTEND COURT
HEARINGS, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE RESTRICTED OR
TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU; and
(14) whenever a child in OKDHS custody or
under OKDHS protective supervision is committed for inpatient behavioral health
or substance use or abuse treatment pursuant to the Inpatient Mental Health and
Substance Abuse Treatment of Minors Act, the ISP is amended as necessary and
appropriate including, but not limited to, identification of the treatment and
services to be provided to the child and child's family upon the child's
discharge from inpatient behavioral health or substance use or abuse
treatment.
(d)
Voluntary ISP participation. Prior to adjudication, the parent or
legal guardian may voluntarily participate in services related to the behaviors
and conditions that led to the filing of a deprived petition. Participation in
such services is not an admission of guilt and participation itself is not be
used as evidence for the purposes of adjudication or disposition.
(e)
ISP for adoption or legal
guardianship permanency plan . Per federal and state
statutes, when the permanency plan is adoption or legal guardianship, OKDHS
describes, at a minimum, child-specific recruitment efforts, such as relative
searches conducted and the use of state, regional, and national adoption
exchanges to facilitate the orderly and timely placement of the child, whether
in or outside of the state.
(f)
ISP for successful adulthood youth. Federal law requires the
initiation of a successful adulthood plan for the youth in OKDHS custody and
out-of-home placement upon reaching 14 years of age, Oklahoma Administrative
Code 340:75-6-110. This plan includes
a description of how the following objectives will be met:
(1) education, vocational, or employment
planning;
(2) health care planning
and medical coverage;
(3)
transportation including, where appropriate, assisting the child in obtaining a
driver license;
(4) money
management;
(5) planning for
housing;
(6) social and
recreational skills; and
(7)
establishing and maintaining connections with the child's family and
community.
Added at 18 Ok Reg
3067, eff 7-12-01; Amended at 19 Ok Reg 2208, eff 6-27-02; Amended at 21 Ok Reg
871, eff 4-26-04; Amended at 22 Ok Reg 854, eff 5-12-05; 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 28 Ok Reg 894, eff 7-1-11; Amended at
30 Ok Reg 389, eff 7-1-13
