Okla. Admin. Code § 340:75-6-85 - Placement considerations for the child in Oklahoma Department of Human Services (DHS) custody
(a)
Legislative intent for the child placed outside the child's home.
Per Section 1-1-102 of Title 10A of the Oklahoma Statutes (10A O.S. §
1-1-102), when a child's placement outside of the home is necessary, per
Oklahoma Children's Code, each child is assured care, guidance, and supervision
in a permanent home or foster home that serves the child's best interests
including, but not limited to, the development of the child's moral, emotional,
spiritual, mental, social, educational, and physical well-being. The child is
entitled to a permanent home and placement in the least restrictive environment
that meets the child's needs.
(b)
DHS responsibility for the child's out-of-home placement. DHS has
the duty to provide for the care and treatment of each child placed in DHS
custody by an order of the court, per 10A O.S. § 1-7-103. DHS:
(1) may place the child in a:
(A) kinship care home or other foster care
home;
(B) group home, or children's
shelter subject to the Child Welfare Services (CWS) director's or designee's
approval; or
(C) any licensed
facility established for the care of children when a kinship or foster care
home is not available;
(2) gives priority to the child's
noncustodial parent unless the placement is not in the child's best interests;
and
(3) reviews and assesses the
child to determine the type of placement and services consistent with the
child's needs in the nearest geographic proximity to the child's home as
possible.
(c)
DHS
authority to determine the child's placement.
(1) DHS has the responsibility to determine
if a placement is appropriate for the child in DHS custody and to remove the
child from the placement when in the child's best interests, per 10A O.S.
§ 1-7-103, subject to the provisions of 10A O.S. §§ 1-4-804 and
1-4-805.
(2) A request by a
placement provider for immediate removal of the child is examined and assessed
to determine if the situation can be resolved to prevent disruption of the
child's placement.
(d)
Court's authority to approve or disapprove placement. When the
court determines it is in the child's best interests, the court may place the
child in DHS legal custody. Per 10A O.S. § 1-4-803, when the child is
placed in DHS custody, the court may not direct DHS to place the child in a
specific home or placement, but may approve or disapprove a specific placement
when it does not conform to statutory requirements and the child's best
interests.
(e)
Determining
the appropriate placement.
(1) Per 10A
O.S. § 1-7-106, a placement is made that meets the treatment needs of the
child and supports the permanency plans for the child and family.
(2) Per 10A O.S. § 1-4-204, when
determining the appropriate placement for the child, DHS considers, but does
not limit consideration to, the:
(A) person's
ability to provide safety for the child including a willingness to cooperate
with any restrictions placed on contact between the child and others and to
prevent others from influencing the child in regard to allegations of the
case;
(B) person's ability to
support DHS efforts to implement the permanency plan for the child;
(C) person's ability to meet the child's
physical, emotional, and educational needs, including the child's need to
continue in the same school or educational placement;
(D) person who has the closest existing
personal relationship with the child, when more than one person requests
placement;
(E) person's ability to
provide a placement for the child's sibling who is in need of placement or
continuation in out-of-home care;
(F) wishes of the parent, the relative, and
the child when appropriate;
(G)
person's ability to care for the child as long as necessary and to provide a
permanent home, when needed; and
(H) child's best interests including
placement in a non-family-like setting.
(f)
Relative placement preference when
not with noncustodial parent. Per 10A O.S. §§ 1-4-204 and
1-7-106, when DHS determines that placement with the noncustodial parent is not
in the child's best interests, preference is given to relatives and persons who
have a kinship relationship with the child, and who are determined to be
suitable, capable, and willing to serve as the child's caretakers.
(1) Per 10A O.S. §§ 1-4-204 and
1-7-106, every effort is made to place the child with a suitable
relative.
(2) DHS makes efforts to
locate the relative, kinship relation, or resource parent who is best able to
meet the child's long-term best interests.
(3) Per 10A O.S. § 1-4-204, DHS reports
to the court the diligent efforts made to secure the child's
placement.
(4) When applicable to
the child, DHS complies with Indian Child Welfare Act (ICWA) placement
preferences, per Oklahoma Administrative Code (OAC)
340:75-19-14, and reports to the
court the diligent efforts to secure the child's placement.
(5) When a child is not placed with a
relative who was considered for placement, DHS must advise the court why the
relative was denied listing the reasons on Form 04MP056E, Notice to the Court
of Relative Denied Placement. The written reasons are made a part of the court
record, per 10A O.S. § 1-4-204, and documented in the CWS case
record.
(g)
Sibling placement. Per 10A O.S. §§ 1-4-204 and 1-7-107,
when two or more siblings are removed and placed in foster care, every
reasonable attempt is made to place the siblings together in the same temporary
or permanent placement.
(1) When siblings are
separated, the siblings are allowed contact or visitation with each other, when
safe.
(2) The safety and best
interests of each child determine if joint placement, contact, or visitation is
allowed.
(3) When the child is a
part of a sibling group, it is presumed that placement of the entire sibling
group in the same placement is in the best interests of the child and
siblings.
(4) Siblings may be
separated when the court and DHS find:
(A)
one sibling resided in a resource home for six or more months and established a
relationship with the resource family;
(B) the siblings never resided in the same
resource together;
(C) there is no
established relationship between the siblings; or
(D) it is in the child's best interests to
remain in the current placement.
(5) In making a permanent placement, siblings
are placed in the same permanent home. When the siblings are separated, they
are allowed contact or visitation with other siblings, provided that each
child's best interests are the standard for determining if the siblings are
placed in the same foster placement or permanent placement, or allowed contact
or visitation with other siblings.
(h)
Placement in nearest geographic
proximity to parent or school.
(1) Per
10A O.S. § 1-4-707, unless the child is placed with relatives or in
accordance with federal and state ICWA, the child is placed, when possible, in
the parent or legal guardian's county of residence to facilitate family
reunification.
(A) When an appropriate
placement is not available in the parent or legal guardian's county of
residence, the child is placed in an appropriate home in the nearest proximity
to the parent or legal guardian's county of residence to facilitate family
reunification. The child's placement is not intended to correspond in frequency
to the parent or legal guardian's change of residence.
(B) When determining if the child is to be
moved, DHS considers the potential harmful effects of disrupting the child's
placement and the reason the parent or legal guardian changed
residences.
(2) When an
appropriate placement is not available in the parent or legal guardian's county
of residence, the child is placed in an appropriate home in the nearest
proximity to the child's school district to ensure his or her educational
consistency.
(i)
Child's placement preference. Per 10A O.S. § 1-7-110, when
determining placement of a deprived child in foster care, DHS is governed by
the child's long-term best interests. The child may express a preference as to
placement and the preference may be expressed by the child with or without the
parents, foster parents, guardians, or any other parties present. DHS
determines if the child's long-term best interests are served by the child's
preference, but is not bound by the child's preference and may consider other
facts when determining placement.
(j)
Former foster parent preferred
placement. Per 10A O.S. § 1-9-119, the former foster parent has a
right to be considered as a preferred placement option when the foster child
who was formerly placed with the foster parent reenters foster care at the same
level and type of care, when the placement is consistent with the best
interests of the child and other children in the foster parent's
home.
(k)
Multiethnic
Placement Act of 1994. DHS follows the provisions of the Multiethnic
Placement Act of 1994 and the Interethnic Provisions of 1996, per OAC
340:75-1-9.
(l)
ICWA and placement. DHS
follows federal ICWA, Section 1915 of Title 25 of the United States Code,
Oklahoma ICWA, 10 O.S. § 40.6, and OAC
340:75-19-14.
(m)
Religious consideration in
placement decision. Consideration is given to the parent's wishes
regarding religious preference in the selection of a placement provider for the
child, per OAC
340:75-6-49.
(n)
Prescribed requirements for
placement provider. Each placement utilized by DHS is approved or
licensed by specified procedures and meets prescribed requirements.
(1) The child in DHS custody is not placed in
a home prior to the person meeting provider standards, per OAC
340:75-7.
(2) Placement providers
must:
(A) provide safety for the child in DHS
custody;
(B) have sufficient space
in the home to allow the child privacy;
(C) support and participate in the child's
permanency plan;
(D) adhere to DHS
rules, such as not using physical discipline; and
(E) support the child's preferred religious
and cultural choices.
(o)
Certain criminal convictions
prohibit placement approval. Per 10A O.S. § 1-4-705, DHS does not
approve potential foster or adoptive parents for placement when the applicant,
or any person residing in the potential applicant's home, has a criminal
conviction for any of the felony offenses listed in (1) through (5) of this
subsection. The felony offenses are:
(1)
physical assault, battery, or a drug-related offense within the five-year
period preceding the application date;
(2) child abuse or neglect;
(3) domestic abuse;
(4) a crime against a child including, but
not limited to, child pornography; or
(5) a crime involving violence including, but
not limited to, rape, sexual assault, or homicide, but excluding those crimes
specified in (1) of this subsection.
(p)
Placement provider's age.
Per 10A O.S. § 1-4-705, when a prospective placement provider meets the
minimum age required, per OAC
340:75-7-12, DHS may not use the
age of an otherwise eligible individual as a reason for placement
denial.
(q)
Placement
providers as essential participants.
(1) As placement providers, 10A O.S. §
1-9-119 and OAC
340:75-7-37 recognize foster
parents and group home providers as essential participants in the decisions
related to the growth, development, care, protection, and treatment of the
child placed in the foster parent's home or in the group home with whom they
have established a familial relationship.
(2) Per 10A O.S. §§ 1-4-807 and
1-4-811, a placement provider has the right to be heard in a proceeding
concerning the child, although the provider is not considered a party to the
proceeding, unless allowed to intervene.
(r)
Foster parent rights. A
statement of foster parent's rights is given to every foster parent annually
and found at 10A O.S. § 1-9-119.
(s)
Group home rights. A
statement of group home provider rights is attached to the group home
contract.
(t)
Foster parent
eligibility to adopt the child. Per 10A O.S. § 1-4-812, during any
permanency hearing when the court determines the child is to be placed for
adoption, the court considers the foster parent eligible to adopt when the
foster parent meets established eligibility requirements. When the child has
resided with the foster parent for at least one year, the court gives great
weight to the foster parent in the adoption consideration unless the child has
an existing, loving, emotional bond with a relative, by blood or marriage, who
is willing, able, and eligible to adopt the child.
Notes
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