Current through Vol. 42, No. 1, September 16, 2024
(a)
Review by
the court. Per Section 1-4-807 of Title 10A of the Oklahoma Statutes
(10A O.S. § 1-4-807) each case regarding a child alleged or adjudicated
deprived is reviewed by the court:
(1) at a
hearing no later than six months from the date of the child's removal from the
home and at least once every six months thereafter until permanency is achieved
or the court otherwise terminates jurisdiction;
(2) when Oklahoma Human Services (OKDHS)
documents a compelling reason why a petition to terminate parental rights to a
child is not in the best interests of the child, based upon consideration that
the child is presently not capable of functioning in a family setting. The
court reevaluates the status of the child every 90-calendar days until there is
a final determination the child cannot be placed in a family setting;
(3) per 10A O.S. § 1-4-811, to determine
the child's appropriate permanency goal and to order completion of all steps
necessary to finalize the permanent plan. A permanency hearing may be held
concurrently with a dispositional or review hearing. The permanency hearing is
held no later than six months after placing the child in out-of-home placement
and every six months thereafter. A child is considered to have entered
out-of-home placement on the earlier of the:
(A) adjudication date; or
(B) date that is 60-calendar days after the
date the child is removed from the home; and
(4) 30-calendar days after the court
determines that reasonable efforts to return a child to either parent are not
required.
(b)
Purpose of review or permanency hearing reports. Court reports are
a component of the case plan. Progress review reports provided to the court,
are based in part on information OKDHS obtains from talking with the family and
other key case participants, observing the family, and reviewing progress
reports from service providers. The information gathered is reported to the
court:
(1) for evaluation of the efficacy of
the individualized service plan; and
(2) as a means for recommending changes
needed as family service and intervention needs change as families make
progress or face setbacks.
(c)
Review hearing report
requirements. OKDHS prepares a written report concerning each child who
is the subject of the review per 10A O.S. § 1-4-808 for each review
hearing. The report includes, but is not limited to:
(1) a summary of the child's physical,
mental, and emotional condition, the conditions existing in the out-ofhome
placement where the child was placed, and the child's adjustment
thereto;
(2) a report on the
child's progress in school and, if the child has been placed outside the
child's home, the visitation exercised by the child's parent or other persons
authorized by the court;
(3)
services provided to the child 16 years of age or older to assist in the
transition from out-of-home care or other community placement to independent
living;
(4) a description of:
(A) each parent's progress toward correcting
the conditions that caused the child to be adjudicated deprived;
(B) changes that still need to occur and the
specific actions required to make the changes; and
(C) services and assistance that were offered
to or provided to each parent since the previous hearing and the services that
are needed in the future; and
(5) 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 about the success or lack of success of
each placement;
(6) OKDHS efforts
to locate the parent and involve the parent in the planning for the child when
the parent is not currently communicating with OKDHS;
(7) compliance by each parent and OKDHS, as
applicable, with the court's orders concerning the individualized service
plans, previous court orders, and OKDHS recommendations;
(8) whether the current placement is
appropriate for the child, its distance from the child's home, and whether it
is the least restrictive, most family-like placement available;
(9) a proposed timetable for the child's
return to the home or other permanent placement;
(10) specific recommendations providing
reasons whether:
(A) trial reunification
should be approved by the court;
(B) trial reunification should be continued
to a date certain as specified by the court;
(C) the child should remain in or be placed
outside of the child's parent or legal guardian's home; or
(D) the child should remain in the current
placement when the permanency plan is other than reunification with the child's
parent or legal guardian; and
(11) a plan for ensuring the child's
educational stability while the child is in out-of-home placement, including:
(A) assurances the child's placement
considers the appropriateness of the current educational setting and the
proximity to the school in which the child was enrolled at the time of
placement; and
(B) where
appropriate, an assurance that OKDHS has coordinated with appropriate local
educational agencies to ensure the child remains in the school in which the
child was enrolled at the time of placement; or
(C) if remaining in the school in which the
child was enrolled at the time of placement is not in the best interests of the
child, assurances by OKDHS and the local educational agencies to provide
immediate and appropriate enrollment in a new school with all of the child's
educational records provided to the school; and
(12) per 10A O.S. § 1-4-807, all service
provider progress and critical incident reports are submitted to the court and
delivered to the district attorney, the attorney or attorneys representing the
parents, the child's attorney, and when applicable the guardian ad litem and
relevant tribe or tribes; and
(13)
for any child placed in a Qualified Residential Treatment Program (QRTP), per
10A O.S. § 1-4-703, OKDHS submits to the court as part of its written
report an assessment completed by a qualified individual to support the
determination that placement in a QRTP is in the best interests of the
child.
(d)
Social
records. Social records are defined by 10A O.S. § 1-6-101 to mean,
"family social histories, medical reports, psychological and
psychiatric evaluations or assessments, educational records, or home studies,
even if attached to court reports prepared by the Department. 'Social record'
shall not include service provider progress reports or critical incident
reports as required pursuant to 10A O.S. § 1-4-807."
(1) Social records are submitted to the
court, but are not filed in the court file unless ordered by the
court.
(2) When filed in the court
file, the social records are placed in confidential envelopes in the court file
by the court clerk and may only be accessed by the person who is the subject of
the records, or the attorney for such person, except as provided by 10A O.S.
§ 1-6-103.
Added at 18 Ok Reg
3067, eff 7-12-01; Amended at 20 Ok Reg 90, eff 10-16-02 (emergency); Amended
at 20 Ok Reg 2066, eff 6-26-03; Amended at 21 Ok Reg 871, eff 4-26-04; Amended
at 23 Ok Reg 1024, eff 5-11-06; 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 389, eff
7-1-13
