Okla. Admin. Code § 340:75-6-31

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

Section 340:75-6-31 - Permanency planning (PP) for the child in Oklahoma Human Services (OKDHS) custody

(a)Legislative intent. Per Section 1-1-102 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-102), whenever it is necessary for a child to be placed outside of the home per the Oklahoma Children's Code, it is the intent of the Legislature that:

(1) each child be assured of the care, guidance, and supervision in a permanent home or foster home that serves the best interests of the child including, but not limited to, the development of the moral, emotional, spiritual, mental, social, educational, and physical well-being of the child; and

(2) permanent placement is achieved as soon as possible for the child.

(b)Permanency planning and placement preferences. The purpose of permanency planning is to develop an appropriate plan addressing the child's immediate and long-term needs for safety, permanency, and well-being. Permanency planning begins immediately when a child is placed in OKDHS custody and continues until the child is living in a permanent home and the child welfare (CW) case is closed.

(c)Efforts to place the child with a suitable relative. Per 10A O.S. § 1-4-706, every effort is made to place the child with a suitable relative of the child.

(d)Consideration given to child's initial out-of-home placement. Careful planning and consideration is given to the child's initial placement so that in the event reunification fails or is delayed, the first placement made is the best available placement to provide permanency for the child per 10A O.S. § 1-4-706.

(e)Concurrent permanency planning. Per 10A O.S. § 1-4-706, when a child is removed from the custody of the child's parent, OKDHS immediately assesses the need for permanency planning with the intention that permanency occurs for the child at the earliest opportunity.

(f)Permanency hearing. Permanency hearings are held as required per 10A O.S. § 1-4-811, and per Oklahoma Administrative Code (OAC) 340:75-1-18.1.

(g)Permanency plan preferences. The permanency plan indicates the intended or desired outcome for each child and influences the services and interventions used to achieve such outcome. The permanency plan is consistent with each child's legal status and is in his or her best interests.

(1) When a plan is established, careful consideration is given when changing the plan to ensure the child's immediate and long-term needs for safety, permanency, and well-being continue to be met.

(2) In most cases, reuniting the child with his or her parent or legal guardian is the original case plan goal, unless a petition for immediate termination of parental rights is filed or the court makes a finding that reasonable efforts to reunite are not required.

(3) When reunification is not possible, other permanency plan options based on the child's best interests include:

(A) termination of parental rights resulting in an adoption;

(B) permanent guardianship; or

(C) a planned alternative permanent placement provided a child is 16 years of age and older.

(h)Reunification. In most situations, the initial permanency plan is to reunite the child with the family. Per 10A O.S. § 1-7-103, the child may be returned to the home of the parent or legal guardian from whom the child was removed with prior court approval. When the permanency plan is reunification, services are implemented until:

(1) the child is returned home, the family home has stabilized, and the court case is dismissed; or

(2) it is determined the conditions that necessitated intervention have not been corrected, although sufficient time and services have been provided.

(i)Exceptions to reunification as the preferred permanency plan. Exceptions to reunification as the preferred permanency plan include:

(1) voluntary relinquishment of parental rights by all parents, biological, legal, presumed, and alleged;

(2) a Petition for Termination of parental rights is filed; or

(3) the court finds reasonable efforts to reunite the child and family are not required as outlined in 10A O.S. § 1-4-809 and OAC 340:75-1-18.4.

(j)Priority for reunification with the custodial parent or placement with the non-custodial parent. When the child's parents do not live together, the priority for reunification is primarily with the custodial parent; however, a home assessment may be conducted regarding the noncustodial parent to assess the possibility of placement or custody with the noncustodial parent, when appropriate.

(k)Placement with the noncustodial parent. The court may place the child with the noncustodial parent when it is in the best interests of the child per 10A O.S. § 1-4-707. When the child is placed with the noncustodial parent, the court may order the noncustodial parent to assume:

(1) sole custodial responsibilities for the child; or

(2) custody of the child under OKDHS protective supervision.

(l)Final permanency order. Per 10A O.S. § 1-4-707, when the court orders the noncustodial parent to assume sole custodial responsibilities for the child, the court may also:

(1) order reasonable visitation and the payment of child support by the child's other parent; and

(2) terminate its jurisdiction in the deprived action by entering a final permanency order determining custody, visitation, and child support. The final permanency order:

(A) remains in full force and effect and controls custody or child support orders entered in an administrative or district court initiated prior to, or during the pendency of the deprived action until it is modified by a subsequent court order; and

(B) may be docketed and filed in the prior, existing, or pending administrative or district court action; or

(C) when there is no administrative or district court action in existence, the surviving order may be used as the sole basis for opening a new administrative or district court action.

(m)Adoption. When a child cannot return safely to his or her own home, in most cases adoption is the preferred permanency plan.

(n)Legal guardianship. A guardianship may be the permanency plan for a child, when reunification and adoption have been ruled out.

(1) The court may establish a permanent guardianship between a child and a relative or other adult per 10A O.S. § 1-4-709, when the guardianship is in the child's best interest.

(2) Subject to the availability of funds, financial assistance is available to the legal guardian, provided the eligibility requirements per OAC 340:75-6-31.4 are met.

(o)Planned alternative permanent placement. Per 10A O.S. § 1-4-811, a permanency plan of planned alternative permanent placement is limited to a child 16 years of age or older when OKDHS documents a compelling reason for the court to determine returning home, or placement of the child for adoption or guardianship, is not in the child's best interests.

(p)Successful adulthood plan. Every child 14 years of age or older has a transition plan to successful adulthood, per OAC 340:75-6-110.

(q)Notice of rights. Every child 14 years of age or older is provided a notice of rights per OAC 340:75-6-110.

(r)Emancipation. The federal definition of emancipation is the age at which the child reaches majority. In Oklahoma, 18 years of age is the age of emancipation.

Okla. Admin. Code § 340:75-6-31

Added at 11 Ok Reg 647, eff 11-22-93 (emergency); Added 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 974, eff 1-24-97 (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 15 Ok Reg 3886, eff 7-14-98 (emergency); Amended at 16 Ok Reg 102, eff 10-13-98 (preemptive); Amended at 16 Ok Reg 1950, eff 6-11-99; 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 160, eff 12-1-00 (emergency); Amended at 18 Ok Reg 3067, eff 7-12-01; Amended at 19 Ok Reg 2208, eff 6-27-02; 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 339, eff 12-7-04 (emergency); Amended at 22 Ok Reg 840, eff 5-12-05; Amended at 24 Ok Reg 1044, eff 6-1-07; Amended at 25 Ok Reg 1953, eff 7-1-08; Amended at 26 Ok Reg 884, eff 5-15-09; 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 by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023