Okla. Admin. Code § 340:75-1-20

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

Section 340:75-1-20 - Judicial review hearings

(a)Six-month review hearing requirement. Section 1-4-807 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-807) requires the court to review every case regarding a child alleged or adjudicated deprived no later than six months after 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.

(1) At the review hearing, Oklahoma Department of Human Services (DHS) provides information similar to that offered at the dispositional hearing, with special emphasis on the parent or legal guardian's progress on the court-ordered treatment and service plan.

(2) The court reviews all evidence that assists in decision-making including, but not limited to, oral and written reports presented by DHS and others involved in the case.

(b)Ninety-day review requirement.Per 10A O.S. § 1-4-807, when DHS documents a compelling reason why a petition to terminate parental rights to the child is not in the child's best interests, based upon a consideration that the child is not presently capable of functioning in a family setting, the child's status is re-evaluated by the court every 90 calendar days until a final determination is made that the child cannot be placed in a family setting.

(c)Requesting review hearing and concurrent review and permanency hearings.

(1) At any time during the pendency of the case, any party may request the court to review the case. When a review is granted, the requesting party provides notice to all parties of the date and time of the hearing, per 10A O.S. § 1-4-807.

(2) A review hearing may be held concurrently with a permanency hearing, per 10A O.S. § 1-4-807.

(d)Review hearing report.DHS prepares the review hearing report for the court when the child is in DHS legal custody or when DHS has court-ordered protective supervision of the child. Per 10A O.S. § 1-4-808, 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-of-home placement where the child has been placed, and the child's adjustment;

(2) a report on the child's progress in school and, when the child has been placed outside of the child's home, the visitation exercised by the child's parents or other persons authorized by the court;

(3) services provided to the child 16 years of age or older that assist the child in the transition from out-of-home care or other community placement to independent living;

(4) a description of:

(A) each parent's progress to correct the conditions or change behaviors that caused the child to be adjudicated deprived;

(B) changes that still need to occur and the specific actions the parent must take to make the changes; and

(C) services and assistance offered or provided to each parent since the previous hearing and the services that are needed in the future;

(5) a description of the child's placements:

(A) by number and type with dates of entry and exit;

(B) reasons for the placement or change in placement; and

(C) a statement regarding the success or lack of success of each placement;

(6) DHS efforts to locate and involve each parent in the planning for the child, when the parent is not currently communicating with DHS;

(7) compliance by DHS, as applicable, and each parent with the court's orders concerning the individualized service plans, previous court orders, and DHS recommendations;

(8) whether the current placement is appropriate for the child, its distance from the child's home and if it is the least restrictive, most family-like placement available;

(9) a proposed timetable for the child's return to his or her home or other permanent placement; and

(10) specific recommendations, giving reasons whether:

(A) trial reunification should be approved by the court;

(B) trial reunification should be continued to a certain date 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.

(e)Notice of hearing.DHS provides notice of the hearing per Oklahoma Administrative Code 340:75-1-16.1.

Okla. Admin. Code § 340:75-1-20

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 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 2128, eff 6-11-01; Amended at 19 Ok Reg 2208, eff 6-27-02; Amended at 20 Ok Reg 90, eff 10-16-02 (emergency); Amended at 20 Ok Reg 921, eff 5-12-03; Amended at 22 Ok Reg 339, eff 12-7-04 (emergency); Amended at 22 Ok Reg 840, eff 5-12-05; Amended at 25 Ok Reg 269, eff 11-1-07 (emergency); Amended at 25 Ok Reg 970, eff 5-15-08; 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.