Okla. Admin. Code § 340:75-1-18

Current through Vol. 42, No. 2, October 1, 2024

Section 340:75-1-18 - Dispositional hearing and options, and placement guidelines

(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.

Okla. Admin. Code § 340:75-1-18

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

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/15/2015.

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018