Okla. Admin. Code § 340:75-15-41.3

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

Section 340:75-15-41.3 - Adoption criteria staffing

(a) The adoption criteria staffing determines the type of adoptive placement that meets the child's long-term needs and best interests. The adoption criteria staffing does not constitute agency approval or authorization for an adoptive placement.

(b) Every effort is made to place the child with suitable relatives, per Section 1-4-706 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-706).

(c) A prospective adoptive parent who has the ability to meet the child's needs may be identified during the adoption criteria staffing.

(d) Factors in paragraphs (1) through (10) of this subsection are considered when identifying the placement that meets the child's long-term needs and best interests.

(1) Siblings. Siblings are:

(A) placed together when possible, unless a joint placement is contrary to the safety or well-being of any of the siblings; or

(B) separated for purposes of adoptive placement only in certain circumstances, per Oklahoma Administrative Code (OAC) 340:75-6-85.

(2)Attachment. The nature and degree of the child's attachment to the siblings, foster family, and significant others is assessed and considered as an indicator of the child's ability to attach to an adoptive family.

(3)Age. Age is evaluated as a factor in relation to the adoptive applicant's ability to parent the child into the child's adult years, provided age is not used as the basis to deny an applicant.

(4)Health. The adoptive applicant's health records are evaluated to determine if he or she has the:

(A) health to participate with the child in normal developmental activities; and

(B) ability to parent the child beyond the child's age of majority.

(5)Culture. Oklahoma Human Services (OKDHS) does not:

(A) rely on generalizations about the child's cultural identity needs based on a particular race or ethnicity; or

(B) presume from the adoptive applicant's race or ethnicity that the applicant is able or unable to maintain the child's ties to another racial, ethnic, or cultural community.

(6)Indian child.

(A) A child who is an Indian child as defined by the federal and state Indian Child Welfare Acts (ICWA), Section 1901 et seq. of Title 25 of the United States Code (25 U.S.C. §§ 1901 et seq.) and 10 O.S. §§ 40 through 40.9, is placed according to ICWA placement preference order or the Indian child's tribe's preference order as established by tribal resolution, per OAC 340:75-19-23.

(B) Prior to placing the Indian child outside ICWA preference order or the child's tribe's preference order, the CW specialist assigned to the child requests the court conduct a hearing to determine if good cause exists to allow placement of the Indian child outside ICWA- or tribal-specified placement preference order. ICWA requires that:

(i) a good cause hearing be held when a child's placement is outside the ICWA- or tribal-specified placement preference order;

(ii) prior notice of the good cause hearing is given to all parties, including the tribe; and

(iii) the court makes a finding as to whether good cause exists to not follow the ICWA- or tribal-specified placement preference order.

(7)Religion. The child in OKDHS custody is provided an opportunity for spiritual and moral development. When the child has made a religious commitment or the parent made a specific religious request, OKDHS makes reasonable efforts to find an adoptive family of like religious faith.

(8)Language. When the child's primary language is not English or is sign language, special consideration is given to identifying an adoptive family fluent in his or her language.

(9)Education. The child is provided the opportunity to develop his or her potential and is not subjected to unrealistic academic expectations.

(10)Resources. The adoptive family must have adequate resources to meet the child's financial, medical, health, educational, shelter, and emotional needs. Adoption assistance is a resource for the child who meets eligibility criteria, per OAC 340:75-15-128.

Okla. Admin. Code § 340:75-15-41.3

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

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022