Okla. Stat. tit. 10A § 1-9-119.1

Current through Laws 2024, c. 453.

Section 1-9-119.1 - Rights of children being served by Child Welfare Services

A. A child being served by Child Welfare Services of the Department of Human Services is entitled to reasonable, good-faith efforts in order to be provided the following rights when doing so serves the child's best interest:

1. Placement:

a. to remain in the custody of the child's parents or legal custodians unless and until there has been a determination in accordance with state law that removal is appropriate,

b. to be placed, in accordance with state law, when circumstances permit and in the following order of preference:

(1) with an approved relative,

(2) with an approved kinship placement,

(3) with an approved resource family who has previously cared for the child, and

(4) with an approved resource family,

c. to be placed in the nearest geographic proximity to the home of the child as possible,

d. to be placed with the child's sibling, when appropriate, if the sibling is also placed outside his or her home,

e. to be placed, when appropriate, with a child of his or her own,

f. to be placed, when possible, with a foster family that can and is willing to accommodate the child's communication needs,

g. to be provided with both information about a foster family or program and, when circumstances permit, an opportunity to meet the foster parent or program staff before placement occurs,

h. to be provided, when possible, an age-appropriate explanation why the child is in foster care and what is happening to the child and to the child's family, including siblings,

i. to continue in the same school or educational placement with minimal disruption in order to receive an education that fits the child's age and individual needs,

j. to be treated with dignity during placement changes.

(1) Except when a change in placement is due to an emergency, a child and the child's attorney shall be afforded five (5) judicial days' notice before a change in placement.

(2) Prior to any placement change, the impacted child shall be consulted when appropriate and advised in an age-appropriate manner of the circumstances and the reason for the placement change. The child's input concerning the placement change shall be considered, taking the child's age and developmental level into account, and

k. to receive reasonable equipment and assistance to transport personal possessions during placement changes;

2. Safety:

a. to live in a safe, healthy and comfortable home,

b. to have adequate and appropriate clothing,

c. to receive individualized medical, dental, vision, mental health and other required services by, when reasonably possible, a continuity of providers,

d. to be free of unnecessary or excessive medication, and

e. to report a potential violation of personal rights without fear of punishment, interference, coercion or other retaliation;

3. Privacy:

a. to have an age-appropriate expectation of privacy in accordance with existing law as to person, property and communications,

b. to freely exercise the child's own religious beliefs, including the refusal to attend any religious activities and services, and

c. to confidentiality of all juvenile court records consistent with existing law;

4. Communication:

a. to have written visitation plans with parents and siblings in accordance with existing law,

b. to begin visitation with parents and siblings in accordance with existing law,

c. to have safe and reasonable communications, when appropriate and in accordance with existing law, with the child's parents, siblings, extended family and friends,

d. to have regular and meaningful access to the child's attorney, guardian and court-appointed special advocate,

e. to communicate, in private if necessary, with any court and judge with personal jurisdiction of the child. This shall include informing the court of inadequate representation being provided by any attorney or other individual tasked with advocating on behalf of the child,

f. to be provided the opportunity to engage in regular, meaningful and private communication with the child's assigned caseworker,

g. to participate, in a manner consistent with the child's age and developmental level and in accordance with existing law, in the development of and any revision to the child's service plan,

h. to be presented, when appropriate and in accordance with existing law, with the service plan for the child's review and signature,

i. when appropriate, to be notified of, attend and have the opportunity to be heard in court hearings relating to the child's case and in family team meetings, and

j. to have, in accordance with existing law, all of the child's records available for review by the child's attorney and court-appointed special advocate if they deem such review necessary; and

5. Personal Growth:

a. to have fair and equal access to all available services, placement, care, treatment and benefits, and to not be subjected to discrimination or harassment as ensured by existing law,

b. to engage in reasonable, age-appropriate day-to-day activities, including extracurricular, enrichment and social activities, consistent with the most family-like environment,

c. to receive independent living and support services and, unless circumstances or existing law requires a document be obtained sooner, be provided identification and permanent documents, including birth certificate, Social Security card and health records by eighteen (18) years of age, to the extent allowed by federal and state law,

d. the opportunity to work and develop job skills at an age-appropriate level that is consistent with state law, and

e. to manage or have managed their personal earnings and financial resources in a manner consistent with the child's age and developmental level.

B. One or more of the enumerated rights in subsection A of this section may conflict. Therefore, a balanced approach to protect these rights shall be pursued that takes into account both the child's unique circumstances and what is in the child's best interest.

C. A statement of the rights enumerated in this section shall be provided to:

1. Each child at the outset of entering foster care and at least annually thereafter; and

2. Any foster parent once a child in the custody of the Department enters the foster parent's home and annually thereafter.

D. Subsequent to the exhaustion of available administrative remedies as provided in Section 1-9-120 of Title 10A of the Oklahoma Statutes, any child aggrieved by a violation of these rights may seek intervention by a court with jurisdiction over the child to make it aware of the grievance and obtain, if warranted, appropriate equitable relief. The court in its discretion may waive the prior exhaustion of administrative remedies. Nothing in this section, however, shall be construed to create a private cause of action or claim on the part of any individual, the Department, the Office of Juvenile Affairs or any child-placing agency.

Okla. Stat. tit. 10A, § 1-9-119.1

Added by Laws 2018 , c. 40, s. 1, eff. 11/1/2018.