Okla. Admin. Code § 340:75-6-31.3

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

Section 340:75-6-31.3 - Trial home reunification

(a)Trial home reunification - supervision of child in Oklahoma Human Services (OKDHS) custody. Per Sections 1-4-806 and 1-7-103 of Title 10A of the Oklahoma Statutes (10A O.S. §§ 1-4-806 and 1-7-103), the court may order trial reunification by returning the child to the care of the parent or legal guardian from whom the child was removed and setting a date for review within six months. At any time during trial reunification, when reunification appears successful, the court may return legal custody to the parent or legal guardian and relieve OKDHS of legal custody. If the court determines to extend trial reunification, the court sets a new date for review. The child spends no longer than a total of twelve months in trial reunification. During trial reunification, OKDHS:

(1) retains legal custody of the child, permitting OKDHS to visit the child in the parent's home, at school, in a child care facility, or any other setting OKDHS deems necessary and appropriate;

(2) continues to provide appropriate services to the parent, when eligible, and the child;

(3) terminates trial reunification and removes the child to out-of-home placement, without court order or authorization, when necessary to protect the child's health, safety, or welfare; and

(4) advises the court and parties within three-judicial days of the termination of trial reunification when terminated by OKDHS without a court order.

(b)Trial home reunification - supervision of child not in OKDHS custody. Per 10A O.S. § 1-4-806:

(1) if the court determines to continue supervision after twelve months of trial reunification period or any extension of trial reunification, the court may award legal custody of the child to the parent or legal guardian with whom the child is reunited and order OKDHS to provide supervision per OAC 340:75-6-48; and

(2) the duration of the extended supervision may not exceed six months except in circumstances the court finds appropriate and necessary to protect the child's health, safety, or welfare.

(c)Report required when trial home reunification terminated. When trial home reunification is terminated by OKDHS or by court order, OKDHS prepares a report for the court describing the child's circumstances during the trial home reunification period and recommends court orders, when appropriate, to provide for the child's safety and stability, per 10A O.S. § 1-4-806.

(d)Required criminal background check prior to trial home reunification. Per 10A O.S. § 1-4-806, Prior to trial reunification, OKDHS conducts a criminal background check of any adult in the home who is not a parent, legal guardian, or custodian. The background check includes inquiries into Oklahoma State Bureau of Investigation and Federal Bureau of Investigation (FBI) records for a national criminal history record check, per provisions of 74 O.S. § 150.9. OKDHS notifies the court that the parent received a copy of the national criminal history record check results.

(e)Notice to individual subject to criminal background checks. OKDHS provides Form 04MP060E, Notice to Individual Being Fingerprinted, per Section 50.12 of Title 28 of the Code of Federal Regulations (28 C.F.R. § 50.12) to individuals requiring fingerprinting. Form 04MP060E notifies the individual being fingerprinted:

(1) the fingerprints are used to check the criminal history records of the FBI;

(2) of a date range in which the individual must get fingerprinted;

(3) of the individual's right to challenge the accuracy of the information contained in the FBI identification record;

(4) procedures to obtain a change, correction, or update of an FBI identification record are set forth in 28 C.F.R. § 16.34; and

(5) of the use-and-challenge requirements placed on all records disseminated under the FBI program.

(f)Exception to fingerprinting. Per Section 10A O.S. § 1-7-111, the OKDHS Director or designee may authorize an exception to the fingerprinting requirement and authorize use of an alternative procedure to obtain a national criminal history record check for any adult residing in the home who has a severe condition precluding such individual from being fingerprinted. In limited, case specific circumstances OKDHS may not be able to obtain:

(1) an individual's fingerprints due to the individual's disability; or

(2) legible fingerprints due to low quality fingerprint characteristics as a result of the individual's age, occupation, or otherwise resulting in the inability for the national crime information databases (NCID) to provide results.

(g)Confidentiality of national criminal history record check obtained for trial home reunification consideration. The report of the national criminal history record check obtained prior to trial home reunification is confidential, per 28 C.F.R. § 50.12, used only for purposes related to trial reunification, and may not be disseminated outside OKDHS or authorized entities such as the court. The report of the national criminal history record check is placed in a separate envelope for each individual and maintained in a locked file cabinet.

Okla. Admin. Code § 340:75-6-31.3

Added at 18 Ok Reg 3067, eff 7-12-01; Amended at 20 Ok Reg 2643, eff 7-1-03 (emergency); Amended at 21 Ok Reg 880, eff 4-26-04; Amended at 22 Ok Reg 339, eff 12-7-04 (emergency); Amended at 22 Ok Reg 840, 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 28 Ok Reg 375, eff 12-1-10 (emergency); Amended at 28 Ok Reg 894, eff 7-1-11; 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 41, Issue 23, August 15, 2024, eff. 9/16/2024