Okla. Admin. Code § 340:75-6-40.4

Current through Vol. 42, No. 3, October 15, 2024

Section 340:75-6-40.4 - Individualized Service Plan (ISP)

(a)Written ISP requirement. Form 04KI012E, Individualized Service Plan (ISP), and Form 04KI013E, Individualized Service Plan (ISP) Dispositional Report, are components of the case plan. Per Section 1-4-704 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-704), Oklahoma Human Services (OKDHS):

(1) prepares and maintains a written ISP for the child who is adjudicated deprived;

(2) furnishes the plan to the court within 30-calendar days after the adjudication; and

(3) makes a copy of the ISP available to each party to the case including any applicable tribe or court-appointed special advocate (CASA).

(b)ISP preparation, content, disputes, and modifications. Per 10A O.S. § 1-4-704, the ISP is based upon a comprehensive assessment and evaluation of the child and family and is developed with the participation of the child, when appropriate, and the child's parent, legal guardian, legal custodian, attorney, guardian ad litem, and tribe, when applicable. The health and safety of the child is the paramount concern in the ISP development.

(1) When any part of the ISP is disputed or not approved by the court, an evidentiary hearing may be held and the court determines the content of the ISP in accord with the evidence presented and in the best interests of the child.

(2) The ISP is signed by:

(A) the child's parent or parents or legal guardian;

(B) the attorney for the child's parent or parents or legal guardian;

(C) the child's attorney;

(D) the child's guardian ad litem, when any, that may be a CASA;

(E) a representative of the child's tribe, when applicable;

(F) the child, when possible; and

(G) OKDHS.

(3) Each ISP is individualized and specific to each child and the child's family.

(4) The ISP is written in simple and clear English. When English is not the principal language of the child's parent, legal guardian, or custodian, and the person is unable to read or comprehend the English language, the ISP is written, to the extent possible, in the person's principal language.

(5) The ISP may be modified based on changing circumstances consistent with the correction of the conditions that led to the child's adjudication or other conditions inconsistent with the child's health, safety, or welfare.

(6) The ISP is measurable, realistic, and consistent with other court-ordered requirements.

(c)ISP content for the parent or legal guardian. Per 10A O.S. § 1-4-704, the ISP for the parent or legal guardian includes, but is not limited to:

(1) a history of the child and family, including identification of the problems or conditions leading to the deprived child adjudication and changes each parent must make for the child to safely remain in, or return to the home;

(2) the permanency plan for the child, the reason for selection of that plan, and a description of the OKDHS steps to finalize the permanency plan;

(3) identification of time-limited reunification services provided to the parent, legal guardian, legal custodian, stepparent, other adult person living in the home, or other family members;

(4) a schedule of the frequency of services and the means by which delivery of the services is assured or, as necessary, the proposed means by which support services or other assistance is provided to enable the parent or child to obtain the services;

(5) the name of the child welfare specialist assigned to the case;

(6) a projected date for the ISP completion;

(7) performance criteria that measures the child and family progress toward completion of the ISP including, but not limited to, time requirements for achieving objectives and addressing the identified problems;

(8) the sequence and time requirements for services provided to the parent to facilitate the child's return home; (9) a description of services or resources requested by the child's parent or legal guardian since the date of the child's placement, and if those services or resources were provided and when not, the basis for the denial of the services or resources;

(10) efforts to be made by the child's parent and OKDHS to enable the child to return to his or her home;

(11) a plan and schedule for regular and frequent visitation for the child and the child's parent or legal guardian and siblings, unless the court determined visitation, even when supervised, would be harmful to the child;

(12) provisions for the child's safety, per state and federal law, and clearly defined actions or precautions necessary to provide for the safety and protection of the child;

(13) the statement: TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. ITS PURPOSE IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE HOME WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. IF YOU ARE UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE HOME OR ATTEND COURT HEARINGS, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU; and

(14) whenever a child in OKDHS custody or under OKDHS protective supervision is committed for inpatient behavioral health or substance use or abuse treatment pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act, the ISP is amended as necessary and appropriate including, but not limited to, identification of the treatment and services to be provided to the child and child's family upon the child's discharge from inpatient behavioral health or substance use or abuse treatment.

(d)Voluntary ISP participation. Prior to adjudication, the parent or legal guardian may voluntarily participate in services related to the behaviors and conditions that led to the filing of a deprived petition. Participation in such services is not an admission of guilt and participation itself is not be used as evidence for the purposes of adjudication or disposition.

(e)ISP for adoption or legal guardianship permanency plan . Per federal and state statutes, when the permanency plan is adoption or legal guardianship, OKDHS describes, at a minimum, child-specific recruitment efforts, such as relative searches conducted and the use of state, regional, and national adoption exchanges to facilitate the orderly and timely placement of the child, whether in or outside of the state.

(f)ISP for successful adulthood youth. Federal law requires the initiation of a successful adulthood plan for the youth in OKDHS custody and out-of-home placement upon reaching 14 years of age, Oklahoma Administrative Code 340:75-6-110. This plan includes a description of how the following objectives will be met:

(1) education, vocational, or employment planning;

(2) health care planning and medical coverage;

(3) transportation including, where appropriate, assisting the child in obtaining a driver license;

(4) money management;

(5) planning for housing;

(6) social and recreational skills; and

(7) establishing and maintaining connections with the child's family and community.

Okla. Admin. Code § 340:75-6-40.4

Added at 18 Ok Reg 3067, eff 7-12-01; Amended at 19 Ok Reg 2208, eff 6-27-02; Amended at 21 Ok Reg 871, eff 4-26-04; Amended at 22 Ok Reg 854, eff 5-12-05; 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 28 Ok Reg 894, eff 7-1-11; Amended at 30 Ok Reg 389, eff 7-1-13

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024