Okla. Admin. Code § 340:75-6-40.5

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

Section 340:75-6-40.5 - Court reports

(a)Review by the court. Per Section 1-4-807 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-807) each case regarding a child alleged or adjudicated deprived is reviewed by the court:

(1) at a hearing no later than six months from the date of the child's removal from the home and at least once every six months thereafter until permanency is achieved or the court otherwise terminates jurisdiction;

(2) when Oklahoma Department of Human Services (OKDHS) documents a compelling reason why a petition to terminate parental rights to a child is not in the best interests of the child, based upon consideration that the child is presently not capable of functioning in a family setting. The court reevaluates the status of the child every 90 calendar days until there is a final determination the child cannot be placed in a family setting;

(3) per 10A O.S. § 1-4-811, to determine the child's appropriate permanency goal and to order completion of all steps necessary to finalize the permanent plan. A permanency hearing may be held concurrently with a dispositional or review hearing. The permanency hearing is held no later than six months after placing the child in out-of-home placement and every six months thereafter. A child is considered to have entered out-of-home placement on the earlier of the:

(A) adjudication date; or

(B) date that is 60 calendar days after the date the child is removed from the home; and

(4) thirty calendar days after a determination by the court that reasonable efforts to return a child to either parent are not required.

(b)Purpose of review or permanency hearing reports. Court reports are a component of the case plan. Progress review reports provided to the court, are based in part on information OKDHS obtains from talking with the family and other key case participants, observing the family, and reviewing progress reports from service providers. The information gathered is reported to the court:

(1) for evaluation of the efficacy of the individualized service plan; and

(2) as a means for recommending changes needed as family service and intervention needs change as families make progress or face setbacks.

(c)Review hearing report requirements. OKDHS prepares a written report concerning each child who is the subject of the review per 10A O.S. § 1-4-808 for each review hearing. The report includes, but is not limited to:

(1) a summary of the child's physical, mental, and emotional condition, the conditions existing in the out-of-home placement where the child was placed, and the child's adjustment thereto;

(2) a report on the child's progress in school and, if the child has been placed outside the child's home, the visitation exercised by the child's parent or other persons authorized by the court;

(3) services provided to the child 16 years of age or older to assist in the transition from out-of-home care or other community placement to independent living;

(4) a description of:

(A) each parent's progress toward correcting the conditions that caused the child to be adjudicated deprived;

(B) changes that still need to occur and the specific actions each parent must take to make the changes; and

(C) services and assistance that were offered to or provided to each parent since the previous hearing and the services that are needed in the future;

(5) a description of the child's placements by number and type with dates of entry and exit, reasons for the placement or change in placement, and a statement about the success or lack of success of each placement;

(6) OKDHS efforts to locate the parent and involve the parent in the planning for the child when the parent is not currently communicating with OKDHS;

(7) compliance by each parent and OKDHS, as applicable, with the court's orders concerning the individualized service plans, previous court orders, and OKDHS recommendations;

(8) whether the current placement is appropriate for the child, its distance from the child's home, and whether it is the least restrictive, most family-like placement available;

(9) a proposed timetable for the child's return to the home or other permanent placement;

(10) specific recommendationsproviding reasons whether:

(A) trial reunification should be approved by the court;

(B) trial reunification should be continued to a date certain as specified by the court;

(C) the child should remain in or be placed outside of the child's parent or legal guardian's home; or

(D) the child should remain in the current placement when the permanency plan is other than reunification with the child's parent or legal guardian; and

(11) a plan for ensuring the child's educational stability while the child is in out-of-home placement, including:

(A) assurances the child's placement considers the appropriateness of the current educational setting and the proximity to the school in which the child was enrolled at the time of placement; and

(B) where appropriate, an assurance that OKDHS has coordinated with appropriate local educational agencies to ensure the child remains in the school in which the child was enrolled at the time of placement; or

(C) if remaining in the school in which the child was enrolled at the time of placement is not in the best interests of the child, assurances by OKDHS and the local educational agencies to provide immediate and appropriate enrollment in a new school with all of the child's educational records provided to the school.

(12) Pursuant to 10A O.S. § 1-4-807, all service provider progress and critical incident reports are submitted to the court and delivered to the district attorney, the attorney or attorneys representing the parents, the child's attorney, and when applicable the guardian ad litem and relevant tribe or tribes.

(d) Social records. Social records are defined by 10A O.S. § 1-6-101 to mean, "family social histories, medical reports, psychological and psychiatric evaluations or assessments, educational records, or home studies, even if attached to court reports prepared by the Department. 'Social record' shall not include service provider progress reports or critical incident reports as required pursuant to 10A O.S. § 1-4-807."

(1) Social records are submitted to the court, but are not filed in the court file unless ordered by the court.

(2) When filed in the court file, the social records are placed in confidential envelopes in the court file by the court clerk and may only be accessed by the person who is the subject of the records, or the attorney for such person, except as provided by 10A O.S. § 1-6-103.

Okla. Admin. Code § 340:75-6-40.5

Added at 18 Ok Reg 3067, eff 7-12-01; Amended at 20 Ok Reg 90, eff 10-16-02 (emergency); Amended at 20 Ok Reg 2066, eff 6-26-03; Amended at 21 Ok Reg 871, eff 4-26-04; Amended at 23 Ok Reg 1024, eff 5-11-06; 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 29 Ok Reg 635, eff 6-1-12; Amended at 30 Ok Reg 389, eff 7-1-13