Okla. Admin. Code § 340:75-6-30

Current through Vol. 41, No. 19, June 17, 2024

Section 340:75-6-30 - Child's visitation with parents and siblings

(a)Visitation is a right. The child and parent have a right to regular visitation when the child is in Oklahoma Department of Human Services (DHS) custody and in an out-of-home placement.

(1) A court may not deny visitation based solely on the failure of a parent to prove that the parent has not used legal or illegal substances or complied with an aspect of the court-ordered individualized service plan per Section 1-4-707 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-707).

(2) When the court determines reunification services are appropriate for the child and parent, the court allows reasonable visitation with the parent or legal guardian from whose custody the child was removed, unless visitation is not in the child's best interests, considering the child's:

(A) physical safety;

(B) need for protection from traumatizing contact with the parent or sibling or contact that could endanger the child's life; and

(C) expressed wishes.

(b)Frequency of parent-child visitation. Per 10A O.S. § 1-7-105, the child has the right to communicate and visit with his or her family, kin, and community on a regular basis, provided the communication or visitation is in the best interests of the child.

(1) Family visitation begins no later than seven-calendar days after the child's removal from the home.

(2) A visitation schedule that considers the child's needs is developed and includes a minimum of one visit per week during the first 90-calendar days from the date of the child's removal and then a minimum of two times per calendar month visitation thereafter until the child is returned or the permanency plan is no longer reunification.

(3) Exceptions to the frequency of visitation, including the termination of visitation are made, when the:

(A) parent fails or declines to cooperate with visitation arrangements;

(B) court orders no visitation;

(C) whereabouts of the parent is unknown despite continuous attempts to locate;

(D) visitation, even when supervised, endangers or is determined not to be in the child's best interest;

(E) court orders a different visitation frequency; or

(F) the permanency plan is not reunification.

(c)Child's mail and phone contacts. Per 10A O.S. § 1-7-105, a child has constant access to writing materials and may send mail without limitation, censorship, or prior reading, and may receive mail without prior reading, except that mail may be opened in the presence of the child, without being read, to inspect for contraband or when authorized by the court for the child's protection.

(1) The child's contact with the child's parent, extended family, and friends through phone calls, email, social media, and mail is encouraged. The child's phone calls, email, social media, and mail are not monitored or restricted unless done so for the child's protection.

(2) Restrictions to mail and phone contact only occur when court-ordered and may be considered when:

(A) threats are made to the child;

(B) the contact causes harm to the child's emotional well-being;

(C) there is an attempt to influence the child's testimony; or

(D) an attempt is made to undermine a present or future placement.

(d)Child's contact with siblings. Per Section 471(a)(31) of the Social Security Act ( 42 U.S.C. § 671(a)(31) ), 10A O.S. §§ 1-4-807 and 1-4-811, and Oklahoma Administrative Code 340:75-6-85, DHS makes ongoing reasonable efforts to place sibling groups together in both temporary and permanent placements. When joint placement of siblings is unsafe or contrary to the child's well-being, DHS must justify and document the justification for the decision, make monthly efforts to resolve the barriers to joint placement, provide frequent visitation, and arrange for ongoing interaction. Frequent contact, such as face-to-face visitation, phone calls, email, social media, or mail contact between siblings is arranged. DHS must make efforts to resolve barriers to joint placement and visitation a minimum of once a month.

(e)Child's visits and contacts with relatives and others. When a child is in DHS custody, visitation or contact with relatives or other community connections is encouraged whenever it is safe and in the child's best interest.

Okla. Admin. Code § 340:75-6-30

Added at 10 Ok Reg 1293, eff 3-25-93 (emergency); Added at 10 Ok Reg 2309, eff 6-11-93; Amended at 11 Ok Reg 647, eff 11-22-93 (emergency); Amended at 11 Ok Reg 1729, eff 5-12-94; Amended at 13 Ok Reg 3669, eff 4-29-96 (emergency); Amended at 14 Ok Reg 630, eff 12-12-96 (emergency); Amended at 14 Ok Reg 2288, eff 6-12-97; Amended at 15 Ok Reg 211, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1663, eff 5-11-98; Amended at 16 Ok Reg 102, eff 10-13-98 (preemptive); 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 20 Ok Reg 2066, eff 6-26-03; Amended at 21 Ok Reg 871, eff 4-26-04; Amended at 22 Ok Reg 854, eff 5-12-05; 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

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

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