Okla. Admin. Code § 340:75-6-44

Current through Vol. 42, No. 4, November 1, 2024

Section 340:75-6-44 - Case planning for reasonable efforts not required or heinous and shocking judicial findings

(a)Reasonable efforts not required or heinous and shocking judicial findings.

(1) Per Section 1-4-809 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-809), at any time prior to or following the adjudicatory hearing the court, on its own motion or upon the motion of a party, may find that reasonable efforts to prevent the removal of the child from home or to reunify the child and family are not required if the court determines, based upon a preponderance of the evidence, that the parent or legal guardian subjected any child to aggravated circumstances including, but not limited to the:

(A) parent or legal guardian, of the child, who is an infant age 12 months or younger, has abandoned the child;

(B) child's parent or legal guardian has:

(i) committed murder or manslaughter of any child;

(ii) aided or abetted, attempted, conspired, or solicited to commit voluntary manslaughter of any child;

(iii) committed a felony assault upon any child that resulted in the child receiving serious bodily injury; or

(iv) subjected any child to aggravated circumstances including, but not limited to, heinous and shocking abuse, or heinous and shocking neglect; or

(C) parental rights of a parent to the child's sibling were involuntarily terminated.

(D) parent was convicted of a sex crime against the child or another child of the parent; or

(E) parent is required to register with a sex offender registry pursuant to Section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006, 42 U.S.C. Section 16913(A).

(2) A permanency hearing is conducted within 30 calendar days of a determination by the court that any of the conditions in (A) through (E) exists.

(3) Reasonable efforts are made to place the child in a timely manner in accordance with the permanency plan.

(4) Per 10A O.S. § 1-4-904, a court may terminate parental rights if a finding is made that the parent has abused or neglected the child or a sibling of the child or failed to protect the child or a sibling of the child from abuse or neglect that is heinous and shocking.

(b)Permanency planning for the case with heinous and shocking or reasonable efforts not required findings. When the district attorney files a petition or motion to terminate parental rights based on heinous and shocking abuse or neglect or the court makes a finding that reasonable efforts are not required to reunify the child and family, efforts immediately begin to secure an alternative permanent home for the child.

Okla. Admin. Code § 340:75-6-44

Added at 13 Ok Reg 3669, eff 4-29-96 (emergency); Added at 14 Ok Reg 974, eff 1-24-97 (emergency) ; Added 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 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 30 Ok Reg 839, eff 7-1-13