Current Through April 2016

Circumstances That Constitute Witnessing

Citation: Ann. Stat. Tit. 21, § 644(H)In criminal law: ‘In the presence of a child’ means in the physical presence of a child or having knowledge that a child is present and may see or hear an act of domestic violence. For the purposes of this section, a ‘child’ may be any child whether or not related to the victim or the defendant.

Consequences

Citation: Ann. Stat. Tit. 21, § 644(G)Any person convicted of domestic abuse that was committed in the presence of a child shall be punished by:

• Imprisonment in the county jail for no less than 6 months or more than 1 year, a fine not exceeding $5,000, or by both
• For second or subsequent convictions, imprisonment in the custody of the Department of Corrections for no less than 1 year or more than 5 years, a fine not exceeding $7,000, or by both

For every conviction of domestic abuse, the court shall specifically order as a condition of a suspended sentence or probation that a defendant participate in counseling or undergo treatment by an individual licensed practitioner or a domestic abuse treatment program certified by the attorney general to bring about the cessation of domestic abuse.

If the defendant is ordered to participate in a domestic abuse counseling or treatment program, the order shall require the defendant to attend the program for a minimum of 52 weeks, complete the program, and be evaluated before and after attendance of the program by a program counselor or a private counselor.

The defendant may be required to pay all or part of the cost of the counseling or treatment, at the discretion of the court.

Current Through February 2016

Physical Abuse

Citation: Ann. Stat. Tit. 10A, § 1-1-105‘Abuse’ means harm, threatened harm, or failure to protect from harm or threatened harm, to the health, safety, or welfare of a child by a person responsible for the child’s health, safety, or welfare, including, but not limited to, nonaccidental physical or mental injury, sexual abuse, or sexual exploitation.

‘Harm or threatened harm to the health or safety of a child’ means any real or threatened physical, mental, or emotional injury or damage to the body or mind that is not accidental, including, but not limited to, sexual abuse, sexual exploitation, neglect, or dependency.

‘Heinous and shocking abuse’ includes, but is not limited to, aggravated physical abuse that results in serious bodily, mental, or emotional injury. ‘Serious bodily injury’ means injury that involves:

• A substantial risk of death
• Extreme physical pain
• Protracted disfigurement
• A loss or impairment of the function of a body member, organ, or mental faculty
• An injury to an internal or external organ or the body
• A bone fracture
• Sexual abuse or sexual exploitation
• Chronic abuse, including, but not limited to, physical, emotional, or sexual abuse, or sexual exploitation that is repeated or continuing
• Torture, including, but not limited to, inflicting, participating in, or assisting in inflicting intense physical or emotional pain upon a child repeatedly over a period of time for the purpose of coercing or terrorizing a child for the purpose of satisfying the craven, cruel, or prurient desires of the perpetrator or another person
• Any other similar aggravated circumstance

Neglect

Citation: Ann. Stat. Tit. 10A, § 1-1-105‘Neglect’ means any of the following:

• The failure or omission to provide any of the following:
  • Adequate nurturance and affection, food, clothing, shelter, sanitation, hygiene, or appropriate education
  • Medical, dental, or behavioral health care
  • Supervision or appropriate caregivers
  • Special care made necessary by the physical or mental condition of the child
• The failure or omission to protect a child from exposure to any of the following:
  • The use, possession, sale, or manufacture of illegal drugs
  • Illegal activities
  • Sexual acts or materials that are not age-appropriate
• Abandonment

‘Heinous and shocking neglect’ includes, but is not limited to:

• Chronic neglect, including a persistent pattern of family functioning, in which the caregiver has not met or sustained the basic needs of a child that results in harm to the child
• Neglect that has resulted in a diagnosis for the child of failure to thrive
• An act or failure to act by a parent that results in the death or near death of a child or sibling, or serious physical or emotional harm, sexual abuse or sexual exploitation, or presents an imminent risk of serious harm to a child
• Any other similar aggravating circumstance

‘Drug-endangered child’ means a child who is at risk of suffering physical, psychological, or sexual harm as a result of the use, possession, distribution, manufacture, or cultivation of controlled substances, or the attempt of any of these acts, by a person responsible for the health, safety, or welfare of the child. This term includes circumstances in which the substance abuse of the person responsible for the health, safety, or welfare of the child interferes with that person’s ability to parent and provide a safe and nurturing environment for the child. The term also includes newborns who test positive for a controlled dangerous substance, with the exception of those substances administered under the care of a physician.

Sexual Abuse/Exploitation

Citation: Ann. Stat. Tit. 10A, § 1-1-105‘Harm or threatened harm to a child’s health or safety’ includes, but is not limited to, sexual abuse or sexual exploitation.

‘Sexual abuse’ includes, but is not limited to, rape, incest, and lewd or indecent acts or proposals made to a child, as defined by law, by a person responsible for the child’s health, safety, or welfare.

‘Sexual exploitation’ includes, but is not limited to:

• Allowing, permitting, encouraging, or forcing a child to engage in prostitution, as defined by law, by any person age 18 or older or by a person responsible for the health, safety, or welfare of a child
• Allowing, permitting, encouraging, or engaging in the lewd, obscene, or pornographic photographing, filming, or depicting of a child in those acts by a person responsible for the child’s health, safety, or welfare

‘Trafficking in persons’ means sex trafficking or severe forms of trafficking in persons as described in title 22, § 7102 of the U. S. Code:

• ‘Sex trafficking’ means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.
• ‘Severe forms of trafficking in persons’ means:
  • Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not reached age 18
  • The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery

Emotional Abuse

Citation: Ann. Stat. Tit. 10A, § 1-1-105‘Harm or threatened harm to a child’s health or safety’ includes, but is not limited to, mental injury.

Abandonment

Citation: Ann. Stat. Tit. 10A, § 1-1-105
‘Abandonment’ means:

• The willful intent by words, actions, or omissions not to return for a child
• The failure to maintain a significant parental relationship with a child through visitation or communication in which incidental or token visits or communication are not considered significant
• The failure to respond to notice of deprived proceedings

Standards for Reporting

Citation: Ann. Stat. Tit. 10A, § 1-2-101
A report is required when any person has reason to believe that a child is a victim of abuse or neglect.

Persons Responsible for the Child

Citation: Ann. Stat. Tit. 10A, § 1-1-105‘Person responsible for a child’s health, safety, or welfare’ includes:

• A parent, legal guardian, custodian, or foster parent
• A person age 18 or older with whom the child’s parent cohabits or any other adult residing in the home of the child
• An agent or employee of a public or private residential home, institution, facility, or day treatment program or an owner, operator, or employee of a child care facility

Exceptions

Citation: Ann. Stat. Tit. 10A, § 1-1-105Nothing contained in this act shall prohibit any parent, teacher, or other person from using ordinary force as a means of discipline, including, but not limited to, spanking, switching, or paddling.

A child is not considered abused or neglected for the sole reason that the parent, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child. Nothing contained in this paragraph shall prevent a court from immediately assuming custody of a child and ordering whatever action may be necessary, including medical treatment, to protect the child’s health or welfare.

No medical treatment of a child with a disability shall be necessary if, in the reasonable medical judgment of the attending physician, such treatment would be futile in saving the life of the child.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Ann. Stat. Tit. 43, § 109‘Domestic violence’ means the threat of the infliction of physical injury, any act of physical harm or the creation of a reasonable fear thereof, or the intentional infliction of emotional distress by a parent or a present or former member of the household of the child against the child or another member of the household, including coercive control by a parent involving physical, sexual, psychological, emotional, economic, or financial abuse.

‘Stalking’ means the willful course of conduct by a person who repeatedly follows or harasses another person, as defined by title 21, § 1173.

‘Harassment’ means a knowing and willful course or pattern of conduct by a parent directed at another parent that seriously alarms or is a nuisance to the person and that serves no legitimate purpose, including, but not limited to, harassing or obscene telephone calls or conduct that would cause a reasonable person to have a fear of death or bodily injury.

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Stat. Tit. 21, §§ 641; 642; 644‘Assault’ is any willful and unlawful attempt or threat of force or violence to inflict corporal hurt upon another person. ‘Battery’ is any willful and unlawful use of force or violence upon the person of another.

Any person who commits any assault and battery against any person listed below shall be guilty of ‘domestic abuse.’

Persons Included in the Definition

Citation: Ann. Stat. Tit. 21, § 644‘Domestic abuse’ occurs when an assault or battery is committed against any of the following:

• A current or former spouse
• The present spouse of a former spouse
• Parents
• A foster parent
• A child
• A person otherwise related by blood or marriage
• A person with whom the defendant is in a dating relationship, as defined by title 22, § 60. 1
• An individual with whom the defendant has had a child
• A person who formerly lived in the same household as the defendant
• A person living in the same household as the defendant

Current Through June 2013

Confidentiality of Records

Citation: Ann. Stat. Tit. 10A, § 1-2-108Data and information maintained in the Department of Human Services information system and related to individual cases shall be confidential and shall be made available only as authorized by State or Federal law.

Persons or Entities Allowed Access to Records

Citation: Ann. Stat. Tit. 10A, § 1-6-103Juvenile court records and Department of Human Services agency records pertaining to a child may be inspected and their contents shall be disclosed without a court order to the following persons upon showing of proper credentials and pursuant to their lawful duties:

• The court having jurisdiction over the child
• Employees and officers of the court, including but, not limited to, guardians ad litem and court-appointed special advocates
• A district attorney, U. S. attorney, or attorney general of this or another State
• The attorney representing the child
• Employees of juvenile bureaus and of the Department of Human Services
• Employees of a law enforcement agency, military enclave, and child protective service of this or another State
• The Oklahoma Commission on Children and Youth
• The Office of Juvenile Affairs
• A federally recognized Indian Tribe in which the child who is the subject of the record is a member or is eligible to become a member of the Tribe
• The governor
• Any Federal official of the U. S. Department of Health and Human Services
• Any member of the Legislature
• A foster parent with regard to records concerning the social, medical, psychological, or educational needs of a child currently placed with that foster parent or of a child being considered for placement
• An employee of any State or Federal corrections or law enforcement agency concerning presentence investigations or supervision of a parent of an alleged or adjudicated deprived child, or the legal guardian, custodian, or any other adult member of the child’s home who is responsible for the health, safety, or welfare of the child
• An employee of a State agency of this or another State concerning the establishment of paternity or the establishment or enforcement of a child support order

The court may disclose to an employee of an out-of-State entity that is licensed to perform adoption home studies in that State whether the prospective adoptive parent has had parental rights to a child terminated or relinquished parental rights to a child in Oklahoma.

Nothing in this section shall be construed as prohibiting the department from disclosing any confidential information as may be necessary to secure appropriate care, treatment, protection, or supervision of a child alleged to be abused or neglected.

Department of Human Services agency records may be inspected, and their contents shall be disclosed without a court order to the following persons upon showing of proper credentials and pursuant to their lawful duties:

• Postadjudicatory review boards, court-appointed special advocates, and members of the Child Death Review Board
• Any district court that has ordered a home study by the department in an action for divorce, annulment, custody of a child, or appointment of a legal guardian of a child
• Members of multidisciplinary teams or multidisciplinary personnel designated by the department, investigating a report of known or suspected child abuse or neglect, or providing services to a child or family that is the subject of the report
• A physician who has before him or her a child whom he or she reasonably suspects may be abused or neglected
• Any health-care or mental health professionals involved in the evaluation or treatment of the child or the parents, legal guardian, foster parent, custodian, or other family members
• Any public or private agency or person authorized by the department to diagnose or provide care, treatment, supervision, or other services to a child who is the subject of a report
• Any person or agency for research purposes
• The Oklahoma Health Care Authority
• A medical examiner when such person is determining the cause of death of a child

When Public Disclosure of Records is Allowed

Citation: Ann. Stat. Tit. 10A, § 1-6-105When a person responsible for a child has been charged with a crime resulting in the death or near death of a child, there shall be a presumption that the best interests of the public is served by public disclosure of certain information concerning:

• The circumstances of the investigation of the death or near death of the child
• Any other investigations concerning that child or other children living in the same household

At any time within 7 to 45 days after the person responsible for the child has been criminally charged, the department, district attorney, district court clerk, and judge having jurisdiction over the case shall release certain information to the public as follows:

• A confirmation by the department as to whether a report has been made concerning the alleged victim or other children living in the same household and whether an investigation has begun
• A confirmation by the department as to whether previous reports have been made, a summary of those reports, the dates and outcome of any investigations or actions taken by the department in response to a previous report, the specific recommendation made to the district attorney, and any subsequent action taken by the district attorney
• The dates of any judicial proceedings prior to the death or near death of the child
• Recommendations submitted by each participant in writing at the judicial proceedings including recommendations made at the hearing related to the custody or placement of a child
• The rulings of the court

Any disclosure of information shall not identify any complainant or reporter of child abuse or neglect and shall not identify the name of the child victim’s siblings, other children living in the same household, the parent or other person responsible for the child, or any other member of the household, other than the person criminally charged.

Use of Records for Employment Screening

This issue is not addressed in the statutes reviewed.

Current Through March 2015

Citation: Ann. Stat. Tit. 10A, § 1-2-104

Any person who, in good faith and exercising due care, reports suspected child abuse or neglect, or who allows access to a child by persons authorized to investigate a report concerning the child, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report.

For purposes of any proceeding, civil or criminal, the good faith of any person in making a report pursuant to the provisions of § 1-2-101 of this title shall be presumed.

A child advocacy center that is accredited by the National Children’s Alliance, and the employees thereof, who are acting in good faith and exercising due care shall have immunity from civil liability that may be incurred or imposed through participation in the investigation process and any judicial proceeding resulting from the investigation process.

Current Through February 2013

Individual Responsibility to Report

Citation: Ann. Stat. Tit. 10A, § 1-2-101Every person having reason to believe that a child younger than age 18 is a victim of abuse or neglect shall report the matter promptly to the Department of Human Services.

Content of Reports

Citation:This issue is not addressed in the statutes reviewed.

Reporting Suspicious Deaths

Citation:This issue is not addressed in the statutes reviewed.

Reporting Substance-Exposed Infants

Citation: Ann. Stat. Tit. 10A, §§ 1-2-101; 1-2-102; 1-1-105Every health-care professional attending the birth of a child who tests positive for alcohol or a controlled dangerous substance shall report the matter promptly to the department.

Whenever the department determines there is a child that meets the definition of a drug-endangered child or a child has been diagnosed with fetal alcohol syndrome, the department shall conduct an investigation of the allegations and shall not limit the evaluation of the circumstances to an assessment.

The term ‘drug-endangered child’ means a child who is at risk of suffering physical, psychological, or sexual harm as a result of the use, possession, distribution, manufacture, or cultivation of controlled substances, or the attempt of any of these acts, by a person responsible for the health, safety, or welfare of the child. This term includes circumstances wherein the substance abuse of the person responsible for the health, safety, or welfare of the child interferes with that person’s ability to parent and provide a safe and nurturing environment for the child. The term also includes newborns who test positive for a controlled dangerous substance, with the exception of those substances administered under the care of a physician.

Agency Receiving the Reports

Citation: Ann. Stat. Tit. 10A, § 1-2-101The Department of Human Services shall establish a statewide centralized hotline for the reporting of child abuse or neglect to the department. Any allegation of abuse or neglect reported in any manner to a county office shall immediately be referred to the hotline by the department.

Initial Screening Decisions

Citation: Admin. Code Tit. 340, §§ 75-3-7; 75-3-7.3All reports are screened to determine whether allegations meet the definition of child abuse or neglect and are within the scope of a Child Protective Services (CPS) assessment or investigation. If the allegations are not appropriate for CPS, the reporter may be given an explanation why an assessment or investigation will not be conducted and, if appropriate, where a referral may be made to assist the family.

Intervention is limited to current situations as the CPS focus is on identifying and protecting children who are presently at risk or will be at risk if safety measures are not put in place. When a report alleges abuse or neglect that is not recent, information is obtained to determine if there is reason to believe that the child or other children may be presently at risk or in present danger. When information does not indicate a child is presently at risk or in present danger, CPS intervention may not be warranted.

When a report is received that is not appropriate for CPS and services are needed, the worker may make a referral within the Department of Human Services, to outside resources, or both, for emergency food, shelter, medical services, or counseling.

CPS will assign an accepted report for assessment or investigation as follows:

• An assessment is conducted when a report meets the abuse or neglect guidelines and does not constitute a serious and immediate safety threat to a child.
• An investigation is conducted when a report meets the abuse or neglect guidelines and constitutes a serious and immediate threat to the safety of a child.

Agency Conducting the Assessment/Investigation

Citation: Ann. Stat. Tit. 10A, §§ 1-2-102; 1-2-105Upon receipt of a report that a child may be abused or neglected, the Department of Human Services shall conduct a safety analysis. If the department determines that a person responsible for the child’s health, safety, or welfare to provide protection for the child does not appear to be responsible for the alleged abuse or neglect, the department shall immediately make a referral, either verbally or in writing, to the appropriate local law enforcement agency for the purpose of conducting a possible criminal investigation.

The investigation of a report of sexual abuse or serious physical abuse or both sexual abuse and serious physical abuse shall be conducted, when appropriate and possible, using a multidisciplinary team approach. Law enforcement and the department shall exchange investigation information.

Assessment/Investigation Procedures

Citation: Ann. Stat. Tit. 10A, §§ 1-1-105; 1-2-105; 1-2-106An assessment is a comprehensive review of child safety and an evaluation of family functioning and protective capacities that is conducted in response to a child abuse or neglect referral that does not allege a serious and immediate safety threat to a child.

An investigation is a response to an allegation of abuse or neglect that involves a serious and immediate threat to the safety of the child, making it necessary to determine:

• The current safety of a child and the risk of subsequent abuse or neglect
• Whether child abuse or neglect occurred and whether the family needs prevention- and intervention-related services

Any county office of the department receiving a child abuse or neglect report shall promptly respond to the report by initiating an investigation of the report or an assessment of the family in accordance with priority guidelines established by the department. The primary purpose of the investigation or assessment shall be the protection of the child.

The investigation or assessment shall include a visit to the home of the child unless there is reason to believe that there is an extreme safety risk to the child or worker. The visit shall include an interview with and examination of the subject child and any other child in the home. The investigation or assessment may include an interview with the parents of the child or any other person responsible for the health, safety, or welfare of the child.

The investigation or assessment may include a medical, psychological, or psychiatric examination of any child in the home.

At the initial time of contact with a person responsible for the health, safety, or welfare of a child who is the subject of an investigation, the department shall advise the person of the specific complaint or allegation made against the person.

Timeframes for Completing Investigations

Citation: Admin. Code Tit. 340, § 75-3-7.1Priority guidelines have been established to assist staff in determining how quickly an initial response must be made to a report. This includes:

• Priority I: A Priority I report indicates that the child is in imminent danger of serious physical injury and must be responded to immediately, but no later than 24 hours after receipt of the report.
• Priority II: Priority II reports indicate that there is no imminent danger of severe injury, but without intervention and safety measures it is likely that the child will not be safe. Priority II investigations or assessments are initiated from within 2 to 15 calendar days from the date that the report was accepted for investigation or assessment.

Classification of Reports

Citation: Ann. Stat. Tit. 10A, § 1-1-105The results of an investigation may be classified as follows:

• Substantiated–Court intervention recommended: The investigation has produced some credible evidence of child abuse or neglect, which is of such a nature that the department finds that the health, safety, or welfare of the child is threatened.
• Substantiated–Services recommended: The investigation has produced some credible evidence of child abuse or neglect, which is of such a nature that the department recommends prevention- and intervention-related services for the parents or persons responsible for the care of the child, but for which initial court intervention is not required.
• Unsubstantiated–Services recommended: The investigation determines there is insufficient evidence to fully determine whether child abuse or neglect has occurred, but the department determines that the child and the family of the child could benefit from receiving child abuse and neglect prevention- and intervention-related services.
• Ruled out: A child protective services worker, after an investigation, determines that no child abuse or neglect has occurred.

Current Through August 2015

Professionals Required to Report

Citation: Ann. Stat. Tit. 10A, § 1-2-101; Tit. 21, § 1021.4Mandatory reporters include:

• All persons
• Commercial film and photographic print processors or computer technicians

Reporting by Other Persons

Citation: Ann. Stat. Tit. 10A, § 1-2-101Every person who has reason to believe that a child is a victim of abuse or neglect must report.

Institutional Responsibility to Report

Citation: Ann. Stat. Tit. 10A, § 1-2-101The reporting obligations under this section are individual, and no employer, supervisor, or administrator shall interfere with the reporting obligations of any employee or other person or in any manner discriminate or retaliate against the employee or other person who in good faith reports suspected child abuse or neglect, or who provides testimony in any proceeding involving child abuse or neglect.

Standards for Making a Report

Citation: Ann. Stat. Tit. 10A, § 1-2-101; Tit. 21, § 1021.4A report is required when:

• Any person has reason to believe that a child under age 18 is a victim of abuse or neglect.
• A physician, surgeon, or other health-care professional, including doctors of medicine, licensed osteopathic physicians, residents, and interns, attends the birth of a child who tests positive for alcohol or a controlled dangerous substance.
• A commercial film and photographic print processor or computer technician has knowledge of or observes any film, photograph, videotape, negative, or slide depicting a child engaged in an act of sexual conduct.

Privileged Communications

Citation: Ann. Stat. Tit. 10A, § 1-2-101No privilege shall relieve any person from the requirement to report.

Inclusion of Reporter’s Name in Report

Not addressed in statutes reviewed.

Disclosure of Reporter Identity

Citation: Ann. Stat. Tit. 10A, § 1-2-101The Department of Human Services shall electronically record each referral received by the statewide centralized child abuse reporting hotline and establish a secure means of retaining the recordings for 12 months. The recordings shall be confidential and subject to disclosure only if a court orders the disclosure of the referral. The department shall redact any information identifying the reporting party unless otherwise ordered by the court.

Current Through April 2015

Citation: Ann. Stat. Tit. 10A, § 1-2-101Every physician, surgeon, or other health-care professional, including doctors of medicine, licensed osteopathic physicians, residents, and interns, or any other health-care professional attending the birth of a child who tests positive for alcohol or a controlled dangerous substance shall promptly report the matter to the Department of Human Services.

Citation: Ann. Stat. Tit. 10A, § 1-1-105(20)(e), (22), (47)(b)The term ‘deprived child’ includes a child who is a child in need of special care and treatment because of the child’s physical or mental condition, and the child’s parents, legal guardian, or other custodian is unable or willfully fails to provide such special care and treatment. As used in this paragraph, a child in need of special care and treatment includes, but is not limited to, a child who at birth tests positive for alcohol or a controlled dangerous substance and who, pursuant to a drug or alcohol screen of the child and an assessment of the parent, is determined to be at risk of harm or threatened harm to the health or safety of a child.

‘Drug-endangered child’ means a child who is at risk of suffering physical, psychological, or sexual harm as a result of the use, possession, distribution, manufacture, or cultivation of controlled substances, or the attempt of any of these acts, by a person responsible for the health, safety, or welfare of the child, as defined in paragraph 51 of this section. This term includes circumstances in which the substance abuse of the person responsible for the health, safety, or welfare of the child interferes with that person’s ability to parent and provide a safe and nurturing environment for the child. The term also includes newborns who test positive for a controlled dangerous substance, with the exception of those substances administered under the care of a physician.

The term ‘neglect’ includes the failure or omission to protect a child from exposure to the use, possession, sale, or manufacture of illegal drugs.

Citation: Ann. Stat. Tit. 10A, § 1-2-102(A)(4)Whenever the department determines there is a child that meets the definition of a ‘drug-endangered child,’ as defined in § 1-1-105 of this title, or a child has been diagnosed with fetal alcohol syndrome, the department shall conduct an investigation of the allegations and shall not limit the evaluation of the circumstances to an assessment.

Current Through August 2014

Making The Appointment

Citation: Ann. Stat. Tit. 10A, §§ 1-4-102; 1-4-306If, in any proceeding concerning child custody or visitation, the evidence indicates that a child has been subject to abuse or neglect, the court shall appoint an attorney to represent the child for that proceeding and any related proceedings and may appoint a guardian ad litem (GAL) for the child as permitted by law.

The court may appoint an attorney or GAL for the child when an emergency custody hearing is held provided that when a petition is filed alleging the child to be deprived, the court shall appoint a separate attorney for the child, who shall not be a district attorney, regardless of any attempted waiver by the parent, legal guardian, or custodian of the child of the right of the child to be represented by counsel. The child’s attorney shall be independent of and not selected by the district attorney, the child’s parent, legal guardian, or custodian.

The court shall ensure that the child is represented by independent counsel throughout the pendency of the deprived action.

After a petition is filed, the court shall appoint a GAL upon the request of the child or the attorney of the child, and may appoint a GAL on its own motion or upon the request of the Department of Human Services, a licensed child-placing agency, or another party to the action.

A GAL shall not be a district attorney, an employee of the office of the district attorney, the child’s attorney, an employee of the court, an employee of a juvenile bureau, or an employee of any public agency having duties or responsibilities for the child.

The Use of Court-Appointed Special Advocates (CASAs)

Citation: Ann. Stat. Tit. 10A, §§ 1-1-105; 1-4-306A court-appointed special advocate (CASA) is a responsible adult volunteer who has been trained and is supervised by a CASA program recognized by the court, and when appointed by the court, serves as an officer of the court as a GAL.

A CASA program is an organized program, administered by either an independent, not-for-profit corporation; a dependent project of an independent, not-for-profit corporation; or a unit of local government that recruits, screens, trains, assigns, supervises, and supports volunteers to be available for appointment by the court as GALs.

When a CASA program is available to the court to provide a GAL, priority may be given to appointment of the CASA to serve as GAL for the child regardless of whether a GAL has been requested pursuant to the provisions of this subsection.

For purposes of the Oklahoma Children’s Code, a CASA and a GAL shall have the same function except as otherwise provided by law. In like manner, a CASA, except as specifically otherwise provided by law or by the court, shall have the same power, duties, and responsibilities assigned to a GAL by law and shall have such other qualifications, duties, and responsibilities as may be prescribed by rule by the Supreme Court.

Qualifications/Training

Citation: Ann. Stat. Tit. 10A, § 1-4-306On or before December 31, 2009, the Administrative Director of the Courts shall develop a standard operating manual for GALs that shall include, but not be limited to, legal obligations and responsibilities, information concerning child abuse, child development, domestic abuse, sexual abuse, and parent and child behavioral health and management including best practices. After publication of the manual, all GALs shall certify to the court in which he or she is appointed as a GAL that the manual has been read and all provisions contained therein are understood. The GAL shall also certify that he or she agrees to follow the best practices described within the standard operating manual. The Administrative Director of the Courts shall provide public access to the standard operating manual and shall periodically review and revise the manual as deemed necessary.

Specific Duties

Citation: Ann. Stat. Tit. 10A, § 1-4-306The attorney appointed for the child shall make arrangements to meet with the child as soon as possible after receiving notification of the appointment. To the extent that a child is unable to express an interest, either because the child is preverbal, very young, or for any reason incapable of judgment and meaningful communication, the attorney shall substitute his or her judgment for that of the child and formulate and present a position that serves the best interests of the child. Such formulation must be accomplished through the use of objective criteria rather than solely the life experience or instinct of the attorney. The objective criteria shall include, but not be limited to:

• A determination of the circumstances of the child through a full and efficient investigation
• An assessment of the child at the time of the determination
• An examination of all options in light of the permanency plans available to the child
• Utilization of medical, mental health, and educational professionals; social workers; and other related experts

The attorney shall represent the child and any expressed interests of the child. The attorney shall make such further inquiry as the attorney deems necessary to ascertain the facts, to interview witnesses, examine and cross-examine witnesses, make recommendations to the court, and participate further in the proceedings to the degree appropriate for adequately representing the interests of the child.

The GAL shall be appointed to objectively advocate on behalf of the child and act as an officer of the court to investigate all matters concerning the best interests of the child. A GAL shall have the following responsibilities:

• Review documents, reports, records, and other information relevant to the case; meet with and observe the child in appropriate settings; and interview parents, foster parents, health-care providers, child protective services workers, and any other person with knowledge relevant to the case
• Advocate for the best interests of the child by participating in the case, attending any hearings in the matter, and advocating for appropriate services for the child when necessary
• Monitor the best interests of the child throughout any judicial proceeding
• Present written reports on the best interests of the child that include conclusions and recommendations and the facts upon which they are based

The GAL shall be given access to court and agency files and all documents, reports, records, and other information relevant to the case, including reports generated by service providers.

How the Representative Is Compensated

Citation: Ann. Stat. Tit. 10A, § 1-4-306If financially capable, the parent, legal guardian, or custodian shall reimburse the Court Fund for the services of a court-appointed attorney for the child. The attorney shall be allowed a reasonable fee for such services as determined by the court.

When an attorney is required to travel to more than one district court location in order to represent a child or children whom the attorney has been court-appointed to represent, the court may in its discretion allow the attorney a reasonable reimbursement for mileage.

A CASA shall serve without compensation.

Current Through April 2014

When Case Plans Are Required

Citation: Ann. Stat. Tit. 10A, § 1-4-704An individualized service plan shall be filed with the court within 30 days after a child has been adjudicated to be deprived.

Who May Participate in the Case Planning Process

Citation: Ann. Stat. Tit. 10A, § 1-4-704The treatment and service plan shall be based upon a comprehensive assessment and evaluation of the child and family. The plan shall be developed with the participation of the parent, legal guardian, or custodian of the child; the attorney and guardian ad litem of the child, if any; the child’s Tribe, if applicable; and the child, if appropriate.

Contents of a Case Plan

Ann. Stat. Tit. 10A, § 1-4-704The individualized service plan shall include, but not be limited to:

• A history of the child and family
• Identification of the problems or conditions leading to the deprived child adjudication
• The changes the parent must make in order for the child to safely remain in or return home
• Identification of time-limited reunification services to be provided to family members
• Identification of the specific services to be provided to the child
• The most recent available health and educational records of the child
• A schedule of the frequency of services and the means for delivery of those services
• Performance criteria that will measure the progress of the child and family toward completion of the plan, including timeframes for achieving objectives and addressing identified problems

If the child is placed outside the home, the individualized service plan shall further provide:

• The sequence and timeframe for services to be provided to facilitate the child’s return home or to another permanent placement
• A description of the child’s placement and whether the placement is the least restrictive, most familylike setting available and in as close proximity as possible to the home of the child’s family when the case plan is reunification, and how the placement is consistent with the best interests and special needs of the child
• Any services or resources that were requested by the child or the parent since the date of the child’s placement, and whether those services or resources were provided
• Efforts to be made by the parent of the child and the department to enable the child to return to his or her home
• The independent living plan for a child age 16 or older that includes planning for education, employment, health care, medical coverage, transportation, money management, housing, social and recreational skills, and establishing and maintaining connections with the child’s family and community
• For a child in placement due to the child’s behavioral health or medical health issues, diagnostic and assessment information, specific services relating to meeting the behavioral health and medical care needs of the child, and desired treatment outcomes
• A plan and schedule for regular and frequent visitation for the child and the child’s parents and siblings, unless the court has determined that visitation, even if supervised, would be harmful to the child
• A plan for ensuring the educational stability of the child while in out-of-home placement, including:
  • Assurances that the placement of the child 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
  • Where appropriate, an assurance that the department has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child was enrolled at the time of placement
  • 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 the department and the local educational agencies to provide immediate and appropriate enrollment in a new school with all of the educational records of the child provided to the school
• The permanency plan for the child, the reason for selection of that plan, and a description of the steps being taken by the department to finalize the plan

Current Through November 2012

Citation: Okla. Stat. Ann. Tit. 10A, § 1-4-706(B) (LexisNexis through Okla. 2012 2nd Reg. Sess.)If the child is removed from the custody of the child’s parent, the court or the Department of Human Services, as applicable, shall immediately consider concurrent permanency planning, and, when appropriate, develop a concurrent plan so that permanency may occur at the earliest opportunity. Consideration should be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child.

The court shall further establish an initial permanency plan for the child, determine if aggravated circumstances exist pursuant to title 10A, § 1-4-809, and determine whether reunification services are appropriate for the child and the child’s family.

When reunification with a parent or legal guardian is the permanency plan and concurrent planning is indicated, the court shall determine if efforts are being made to place the child in accord with the concurrent permanency plan, including whether appropriate in-State and out-of-State permanency options have been identified and pursued.

Every effort shall be made to place the child with a suitable relative of the child.

Current Through January 2016

Schedule of Hearings

Citation: Ann. Stat. Tit. 10A, §§ 1-4-807; 1-4-811Every case regarding a child alleged or adjudicated to be deprived shall be reviewed by the court at a hearing no later than 6 months from the date of the child’s removal from the home and at least once every 6 months thereafter until permanency is achieved or the court otherwise terminates jurisdiction. A review hearing may be held concurrently with a permanency hearing.

When the Department of Human Services has documented a compelling reason why a petition to terminate parental rights to a child is not in the best interests of the child and that reason is based upon a consideration that the child is presently not capable of functioning in a family setting, the court shall reevaluate the status of the child every 90 days until there is a final determination that the child cannot be placed in a family setting.

The court shall conduct a permanency hearing:

• No later than 6 months after placing the child in out-of-home placement and every 6 months thereafter
• Within 30 days after the court determines that reasonable efforts are not required and every 6 months thereafter

Persons Entitled to Attend Hearings

Citation: Ann. Stat. Tit. 10A, § 1-4-811At each permanency hearing, the court may consider testimony of any person who has relevant information about the status of the child or the status of the treatment plan. All parties shall have the opportunity to present evidence and to cross-examine witnesses.

If a foster parent, preadoptive parent, or relative is currently providing care for a child, the department shall give the foster parent, preadoptive parent, or relative notice of a proceeding concerning the child. A foster parent, preadoptive parent, or relative providing care for a child has the right to be heard at the proceeding. Except when allowed to intervene, the foster parent, preadoptive parent, or relative providing care for the child is not considered a party to the juvenile court proceeding solely because of notice and the right to be heard at the proceeding.

Determinations Made at Hearings

Citation: Ann. Stat. Tit. 10A, §§ 1-4-807; 1-4-811At each review hearing the court shall determine:

• Whether the service plan, services, and placement meet the best interests of the child
• Whether there is a need for the continued placement of the child
• Whether the current permanency plan for the child remains appropriate
• Whether visitation terms need to be modified, including visits with siblings, if separated
• The timeframe for achieving permanency
• Whether reasonable efforts have been made to finalize permanency for the child
• In the case of an Indian child, whether active efforts have been made to provide services and rehabilitative programs, as required by the Indian Child Welfare Act
• For a child who is age 14 or older, whether services are being provided that will assist the child in making the transition from foster care to a successful adulthood
• Whether the services being provided are adequate to correct the conditions that led to adjudication
• Whether reasonable efforts have been made to place siblings together in the same placement or provide for frequent visitation or other ongoing interaction for siblings who are not placed together
• Whether compliance with the service plan has occurred
• Whether the department is taking appropriate steps to ensure that the foster family follows the reasonable and prudent parent standard and whether the child has regular opportunities to engage in age-appropriate or developmentally appropriate activities

At the permanency hearing, the court shall determine the continued appropriateness of the permanency plan, whether a change in the plan is needed, the date by which the goal will be achieved, and whether the current placement of the child continues to be suitable for the child. The court also shall, in an age-appropriate manner, ask the child about the proposed permanency plan, and if the child is age 14 or older, the planning for the transition of the child to a successful adulthood.

Permanency Options

Citation: Ann. Stat. Tit. 10A, § 1-4-811Permanency options include:

• Reunification with the parent, parents, or legal guardian of the child when:
  • Reunification can be expected to occur within an established timeframe that is consistent with the developmental needs of the child.
  • The health and safety of the child can be adequately safeguarded if the child is returned home.
• Placement for adoption after the rights of the parents have been terminated or after a petition has been filed to terminate parental rights
• Placement with a person who will be the permanent guardian of the child and is able to adequately and appropriately safeguard the health, safety, and welfare of the child
• Placement in the legal custody of the department under a planned alternative permanent placement, provided the child is age 16 or older and there are compelling reasons documented by the department include the intensive, ongoing and, as of the date of the hearing, unsuccessful efforts made to:
  • Return the child home
  • Place the child with a fit and willing relative (including adult siblings), a legal guardian, or an adoptive parent
  • Find biological family members for the child utilizing search technology, including social media

Current Through March 2016

Citation: Ann. Stat. Tit. 10A, § 1-1-102(B)It is the intent of the legislature that the Oklahoma Children’s Code provides the foundation and process for State intervention into the parent-child relationship whenever the circumstances of a family threaten the safety of a child and to properly balance the interests of the parties stated herein. To this end, it is the purpose of the laws relating to children alleged or found to be deprived to:

• Intervene in the family only when necessary to protect a child from harm or threatened harm
• Provide expeditious and timely judicial and agency procedures for the protection of the child
• Preserve, unify, and strengthen the family ties of the child whenever possible when in the best interests of the child to do so
• Recognize that the right to family integrity, preservation, or reunification is limited by the right of the child to be protected from abuse and neglect
• Make reasonable efforts to prevent or eliminate the need for the removal of a child from the home and make reasonable efforts to return the child to the home, unless otherwise prescribed by the Oklahoma Children’s Code
• Recognize that permanency is in the best interests of the child
• Ensure that when family rehabilitation and reunification are not possible, the child will be placed in an adoptive home or other permanent living arrangement in a timely fashion
• Secure for each child the permanency, care, education, and guidance as will best serve the spiritual, emotional, mental, and physical health, safety, and welfare of the child

Citation: Ann. Stat. Tit. 10A, § 1-1-102(A)For the purposes of the Oklahoma Children’s Code, the legislature recognizes that:

• Parents have a natural, legal, and moral right, as well as a duty, to care for and support their children, and such rights are protected by State and Federal laws as well as the Constitution. To that end, it is presumed that the best interests of a child are ordinarily served by leaving the child in the custody of the parents, who are expected to have the strongest bond of love and affection and to be best able to provide a child those needed qualities that make a child’s life safe and secure. Nevertheless, this presumption may be rebutted where there is evidence of abuse and neglect or threat of harm.
• A child has a right to be raised by the mother and father of the child as well as a right to be raised free from physical and emotional abuse or neglect. When it is necessary to remove a child from a parent, the child is entitled to a permanent home and to be placed in the least restrictive environment to meet the needs of the child.
• Because the State has an interest in its present and future citizens as well as a duty to protect those who, because of age, are unable to protect themselves, it is the policy of this State to provide for the protection of children who have been abused or neglected and who may be further threatened by the conduct of persons responsible for the health, safety, and welfare of such children. To this end, where family circumstances threaten the safety of a child, the State’s interest in the welfare of the child takes precedence over the natural right and authority of the parent to the extent that it is necessary to protect the child and assure that the best interests of the child are met.

Citation: Ann. Stat. Tit. 10A, § 1-1-102(C)-(E)Whenever it is necessary for a child to be placed outside the home pursuant to the Oklahoma Children’s Code, it is the intent of the legislature that:

• Each child shall be assured the care, guidance, and supervision in a permanent home or foster home that will serve 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.
• When a child is placed in foster care, the foster parent shall be allowed to consider the child as part of the family.
• Whenever possible, siblings shall be placed together, and when it is not possible, efforts shall be made to preserve the relationships through visitation and other methods of communication.
• Permanent placement is achieved as soon as possible.

A foster parent or group home where a child is placed has a recognizable interest in the familial relationship that the foster parent or group home establishes with a foster child and shall therefore be considered an essential participant with regard to decisions related to the care, supervision, guidance, rearing, and other foster care services to the child.

It is the intent of the legislature that the paramount consideration in all proceedings within the Oklahoma Children’s Code is the best interests of the child.

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Ann. Stat. Tit. 10A, § 1-4-904The court may terminate the rights of a parent to a child based upon the following legal grounds:

• The parent has abandoned the child.
• The child is an abandoned infant.
• The parent has voluntarily placed the child in out-of-home care, has not complied with the placement agreement, and has not demonstrated a firm intention to resume physical custody of the child.
• The parent has failed to correct the condition that led to the deprived adjudication of the child, and the parent has been given at least 3 months to correct the condition.
• The rights of the parent to another child have been terminated, and the conditions that led to the prior termination have not been corrected.
• A parent who does not have custody of the child has, for at least 6 out of the 12 immediately preceding months, willfully failed or refused to contribute to the support of the child as specified by court order or according to the financial ability of the parent to pay.
• The parent has been convicted of any of the following acts:
  • Permitting a child to participate in pornography
  • Rape or lewd molestation of a child under age 16
  • Child abuse or neglect or enabling child abuse or neglect
  • Causing the death of a child or a sibling of the child as a result of the physical or sexual abuse or chronic abuse or neglect
  • Murder or voluntary manslaughter of any child or aiding or abetting, attempting, conspiring, or soliciting to commit murder of any child
  • Felony assault resulting in serious bodily injury to the child or another child of the parents
  • Murder or voluntary manslaughter of the child’s parent or aiding or abetting, attempting, conspiring, or soliciting to commit murder of the child’s parent
• The parent has abused or neglected the child or a sibling of the child or failed to protect the child or a sibling of the child from abuse or neglect that is heinous or shocking.
• The parent has previously abused or neglected the child or a sibling of the child or failed to protect the child or a sibling of the child from abuse or neglect.
• The child was conceived as a result of rape perpetrated by the parent whose rights are sought to be terminated.
• The parent is incarcerated, and the continuation of parental rights would result in harm to the child based on consideration of the following factors, among others:
  • The duration of incarceration
  • The parent’s history of criminal behavior, including crimes against children
  • The age of the child and the current relationship between the parent and the child
• The parent has a diagnosed cognitive disorder, extreme physical incapacity, or a medical condition, including behavioral health, that renders the parent incapable of adequately and appropriately exercising parental duties and responsibilities within a reasonable time considering the age of the child.
• The condition that led to the deprived adjudication has been the subject of a previous deprived adjudication of this child or a sibling of this child, and the parent has been given an opportunity to correct the conditions that led to the determination of the initial deprived child.

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Ann. Stat. Tit. 10A, § 1-4-904The incarceration of a parent shall not in and of itself be sufficient to deprive a parent of parental rights.

A finding that a parent has a diagnosed cognitive disorder, extreme physical incapacity, or a medical condition, including behavioral health or substance dependency, shall not in and of itself deprive the parent of parental rights.

Circumstances Allowing Reinstatement of Parental Rights

Citation: Ann. Stat. Tit. 10A, § 1-4-909A child may request the court to reinstate the previously terminated parental rights of his or her parent under the following circumstances:

• The child was previously found to be a deprived child.
• The parent’s rights were terminated in a proceeding under Title 10A.
• The child has not achieved his or her permanency plan within 3 years of a final order of termination.
• The child is at least age 15 at the time the application is filed.

If, after a preliminary hearing to consider the parent’s apparent fitness and interest in reinstatement of parental rights, the court finds by a preponderance of the evidence that the best interests of the child may be served by reinstatement of parental rights, the court shall order that a hearing on the merits of the motion be held.

The court shall conditionally grant the application if it finds by clear and convincing evidence that the child has not and is not likely to imminently achieve his or her permanency plan and that reinstatement of parental rights is in the child’s best interests. In determining whether reinstatement is in the child’s best interests, the court shall consider, but is not limited to, the following:

• Whether the parent whose rights are to be reinstated is a fit parent and has remedied the conditions as provided in the record of the prior termination proceedings and prior termination order
• The age and maturity of the child, and the ability of the child to express his or her preference
• Whether the reinstatement of parental rights will present a risk to the health, safety, or welfare of the child
• Other material changes in circumstances, if any, that may have occurred that warrant the granting of the application

Current Through December 2014

Definitions

Citation: Ann. Stat. Tit. 10A, § 1-1-105The term ‘kinship care’ means full-time care of a child by a kinship relation. ‘Kinship guardianship’ means a permanent guardianship as defined in this section. ‘Kinship relation’ or ‘kinship relationship’ means relatives, stepparents, or other responsible adults who have a bond or tie with a child and/or to whom has been ascribed a family relationship role with the child’s parents or the child. In cases in which the Indian Child Welfare Act applies, the definitions contained in 25 U.S.C., § 1903 shall control.

The term ‘permanent custody’ means the court-ordered custody of an adjudicated deprived child when a parent-child relationship no longer exists due to termination of parental rights or due to the death of a parent or parents. ‘Permanent guardianship’ means a judicially created relationship between a child, a kinship relation of the child, or other adult established pursuant to the provisions of § 1-4-709 of this title.

The term ‘relative’ means a grandparent, great-grandparent, brother or sister of whole or half blood, aunt, uncle, or any other person related to the child.

Purpose of Guardianship

Citation: Ann. Code Tit. 10A, § 1-4-709The court may establish a permanent guardianship between a child and a relative or other adult if the guardianship is in the child’s best interests and all of the following conditions are substantially satisfied:

• The child has been adjudicated to be a deprived child.
• The parent has:
  • Consented to the guardianship
  • Had his or her parental rights terminated
  • Failed to substantially correct the conditions that led to the adjudication of the child
  • Been adjudicated as incompetent or incapacitated by a court
  • Abandoned the child
  • Not been identified or located despite reasonably diligent efforts to ascertain his or her whereabouts
  • Died
• The child consents to the guardianship if the court finds the child to be of sufficient intelligence, understanding, and experience to provide consent.
• Termination of the parent’s rights is either not legally possible or not in the best interests of the child or adoption is not the permanency plan for the child.
• The child and the prospective guardian do not require protective supervision or preventive services to ensure the stability of the guardianship.
• The prospective guardian is committed to providing for the child until the child reaches the age of majority and to preparing the child for adulthood and independence.
• The prospective guardian agrees that he or she will not return the child to the care of the person from whom the child was removed or allow visitation without the approval of the court.
• The child has been residing or placed with the proposed guardian for at least the 6 preceding months, or the permanent guardian is a relative with whom the child has a relationship.

In proceedings for permanent guardianship, the court shall give primary consideration to the physical and behavioral health needs of the child.

A Guardian’s Rights and Responsibilities

Citation: Ann. Code Tit. 10A, § 1-4-709Unless otherwise set forth in the final order of permanent guardianship, a permanent guardian is vested with all of the rights and responsibilities as set forth in Title 30 of the Oklahoma Statutes relating to the powers and duties of a guardian of a minor, other than those rights and responsibilities retained by the child’s parent, if any, that are set forth in the decree of permanent guardianship.

Qualifying the Guardian

Citation: Ann. Code Tit. 10A, § 1-4-710When the child is in the custody of the Department of Human Services, the department shall complete an assessment of the proposed guardian’s home and provide a report to the court regarding the suitability of the proposed guardian and whether guardianship is in the best interests of the child. The department shall develop rules in furtherance of the duties imposed by this subsection. However, the prospective guardian shall be responsible for obtaining the home assessment if the child is not in the custody of the department.

The findings of the home assessment shall be set forth in a written report provided to the court, the district attorney, the child, and the guardian ad litem, if any, before the hearing. The court may require additional information as necessary to make an appropriate decision regarding the permanent guardianship.

Before issuing an order of permanent guardianship, the court shall find, by clear and convincing evidence, that the proposed permanent guardian:

• Is emotionally, mentally, physically, and financially suitable to become the permanent guardian
• Has expressly committed to remain the permanent guardian for the duration of the child’s minority
• Has expressly demonstrated a clear understanding of the financial implications of becoming a permanent guardian

Procedures for Establishing Guardianship

Citation: Ann. Code Tit. 10A, § 1-4-710A motion for permanent guardianship shall be filed by the district attorney or child’s attorney. The motion shall include the following:

• The name and date of birth of the child
• The facts and circumstances supporting the grounds for permanent guardianship
• The name and address of the prospective guardian and a statement that the prospective guardian agrees to accept the duties and responsibilities of guardianship
• The relationship of the child to the prospective guardian
• That the prospective guardian understands that the guardianship is intended to be permanent and that the person will be responsible as the guardian until the child reaches the age of majority
• Whether the child has resided with the prospective guardian prior to the motion being filed, and, if so, the length of time and the circumstances surrounding the child’s stay
• Whether there exists a loving, emotional tie between the child and the prospective guardian

Notice of the hearing shall be served on the parties, the department, and the guardian ad litem of the child, if any. Notice shall also be sent to the Tribe of an Indian child. Notice shall not be required to the parent whose rights have been terminated.

Before issuing an order of permanent guardianship, the court shall find by clear and convincing evidence all of the following:

• The parent is unfit or unavailable to provide adequate care for the child.
• Termination of the rights of the parent is either not legally possible or not in the best interests of the child, or adoption is not the permanency plan for the child.
• The child has resided with the permanent guardian for at least 6 months, or the permanent guardian is a relative with whom the child has a relationship.
• A permanent guardianship is in the best interests of the child.

Contents of a Guardianship Order

Citation: Ann. Code Tit. 10A, § 1-4-710A decree of permanent guardianship divests the parents of legal custody or guardianship of the child, but is not a termination of parental rights.

Upon finding that grounds exist for a permanent guardianship, the court may also order visitation with the parent, siblings, or other relatives of the child if such contact would be in the child’s best interests, as well as any other provision necessary to provide for the child’s continuing safety and well-being. The court shall order the parents to contribute to the support of the child pursuant to child-support guidelines as provided for in title 43, §§ 118 and 119.

An order appointing a permanent guardian shall:

• Require that the placement be reviewed within 1 year after transfer and may require the permanent guardian to submit any records or reports the court deems necessary for purposes of that review
• Not require the department to supervise the placement during that period of time
• Not require periodic reviews by the court thereafter if the parties agree with the assent of the court that the reviews are not necessary to serve the best interests of the child, unless periodic reviews are otherwise required by the court

Unless periodic reviews are required, the court may close the case, provided the order of permanent guardianship shall remain in full force and effect, subject to the provisions of this Code.

Modification/Revocation of Guardianship

Citation: Ann. Code Tit. 10A, § 1-4-711A motion for modification or termination of a permanent guardianship may be filed when there has been a substantial change of material circumstances including, but not limited to, the following:

• The parent of the child is presently able and willing to properly care for the child.
• The permanent guardian of the child is unable to properly care for the child.
• The child has been abused or neglected while in the care of the permanent guardian.
• The permanent guardian has died.

The court may modify or terminate the order granting permanent guardianship upon a finding by clear and convincing evidence that there has been a substantial change in material circumstances and that a modification or termination of the permanent guardianship is in the child’s best interests.

The court shall appoint a guardian ad litem for the child in any proceeding for modification or termination of a permanent guardianship.

When the termination of a permanent guardianship is granted for reason of the guardian’s abuse, neglect, death, or inability to care for the child, the court shall order the child returned to the legal custody of the department pending further hearing. The department shall develop a new permanency plan on behalf of the child, which shall be presented to the court within 30 days of the date that the permanent guardianship is terminated.

Unless the parental rights of the child’s parent or parents have been terminated, they shall be notified that the legal guardianship has been modified or terminated and shall be entitled to participate in the new permanency planning hearing where the court shall order a new permanency plan appropriate to meet the needs of the child.

Eligibility for Guardianship Subsidy

Citation: Admin. Code § 340:75-6-31.4When a child in the custody of the department is placed in a paid kinship foster home with a relative who resides in Oklahoma and meets the specified degree of relationship, supported permanency through the Temporary Assistance for Needy Families program may be explored, subject to the availability of funds. Supported permanency is appropriate when:

• The child is age 12 or older or has a sibling age 12 or older who resides in the same relative foster home. The department may, for good cause, approve supported permanency for a child age 8 through 11 and his or her sibling(s) when the child has no older eligible sibling.
• Reunification and adoption have been ruled out.
• The relative has completed all requirements to be an approved foster home.
• The child is currently residing with the relative in Oklahoma and has been for 4 of the previous 6 months.
• The relative is willing to assume legal responsibility for the child.

Title IV-E Subsidized Guardianship assistance is available to any child who meets the following eligibility requirements:

• The child has been removed from his or her home through a voluntary placement agreement or as a court order and is title IV-E eligible for at least 6 consecutive months.
• The child is a sibling to an eligible child and is residing or planning to reside in the same placement.
• Reunification and adoption have been ruled out.
• The relative has completed all requirements to be an approved foster home.
• The child is currently residing with the relative and has been for 6 consecutive months.
• The relative is willing to assume legal responsibility for the child and has a strong commitment to permanently care for the child.
• The child who is age 14 or older has been consulted regarding the kinship guardianship arrangement.
• The child demonstrates a strong attachment to the prospective relative guardian.

Links to Agency Policies

Oklahoma Department of Human Services:

• Bridge Kinship Care (PDF – 255 KB)
• Bridge Resource Family Handbook (PDF – 4,494)

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Ann. Stat. Tit. 10, § 22.1; Tit. 10A, § 1-4-204The Oklahoma Legislature recognizes that children who have been abused, who are dependent or neglected, or whose parents, for whatever reason, may be unable or unwilling to provide care for their children, are best served when they can be cared for by grandparents or other suitable relatives instead of placing those children in foster care.

When awarding custody or determining the placement of a child, a preference shall be given to relatives and persons who have a kinship relationship with the child. The department shall make diligent efforts to place the child with such persons and shall report to the court the efforts made to secure that placement. In cases where the Indian Child Welfare Act applies, the placement preferences of the act shall be followed.

The department shall consider placement with a relative without delay and shall identify relatives of the child and notify them of the need for temporary placement and the possibility of the need for a permanent out-of-home placement of the child. The relative search shall be reasonable and comprehensive in scope and may continue until a fit and willing relative is identified.

The provisions of this section shall apply to all custody or placement proceedings that concern a child alleged or adjudicated to be deprived, including, but not limited to, guardianship and adoption proceedings.

Requirements for Placement with Relatives

Citation: Ann. Stat. Tit. 10A, § 1-4-204In determining the appropriate custodian or placement for a child, the court and the department shall consider, but not be limited to, the following factors:

• The ability of the person to provide safety for the child, including a willingness to cooperate with any restrictions placed on contact with the child
• The ability of the person to support efforts to implement the permanent plan for the child
• The ability of the person to meet the child’s physical, emotional, and educational needs, including the child’s need to continue in the same school
• The person who has the closest existing personal relationship with the child if more than one person requests placement of the child
• The ability of the person to provide a placement for the child’s sibling who also is in need of placement
• The wishes of the parent, the relative, and the child, if appropriate
• The ability of the person to care for the child as long as is necessary and to provide a permanent home, if necessary
• The best interests of the child

The relatives shall be notified of the need to keep the department informed of their current address in order to receive notice when a permanent out-of-home placement is being sought for the child. A relative who fails to provide a current address may forfeit the right to be considered for the child’s permanent placement.

A decision by a relative not to participate in the child’s placement planning at the beginning of the case may affect whether that relative will be considered for permanent placement of the child if the child cannot be returned safely to the home of the child’s parents.

Following an initial placement with a relative, whenever a new placement of the child is made, consideration for placement shall again be given to approved relatives who will fulfill the case plan requirements of the child. The department shall consider whether the relative has established and maintained a relationship with the child.

Requirements for Placement of Siblings

Citation: Ann. Stat. Tit. 10A, § 1-4-204When two or more children are siblings, every reasonable attempt shall be made to place the siblings in the same home. In making a permanent placement, siblings shall be placed in the same permanent home or, if the siblings are separated, shall be allowed contact or visits with each other. However, the best interests of each sibling shall be the standard for determining the appropriate custodian or placement as well as the contact and visiting rights with the other siblings.

Relatives Who May Adopt

Citation: Ann. Stat. Tit. 10A, § 1-1-105The term ‘relative’ means a grandparent, great-grandparent, brother or sister of whole-blood or half-blood, aunt, uncle, or any other person related to the child.

Requirements for Adoption by Relatives

Citation: Ann. Stat. Tit. 10, § 7505-5.1A preplacement home study is not required if a parent or guardian places the child directly with a relative for purposes of adoption, but a home study of the relative is required during the pendency of a proceeding for adoption.

Current Through March 2016

What Are Reasonable Efforts

Citation: Ann. Stat. Tit. 10A, § 1-4-808The court shall determine whether the nature and extent of services being provided to the child and the child’s parent(s) are adequate to ensure the safety of the child and to protect the child from further physical, mental, or emotional harm, or to correct the conditions that led to the adjudication.

When Reasonable Efforts Are Required

Citation: Ann. Stat. Tit. 10A, §§ 1-1-102; 1-4-807Reasonable efforts are required:

• To prevent the removal of the child from the child’s home
• To provide for the safe return of the child to the child’s own home
• To place the child in a timely manner in accordance with the permanency plan when the court has determined that reasonable efforts to reunite the child with his or her family are not required
• To place siblings, when they have been removed from home, together in the same foster care, guardianship, or adoptive placement
• To provide for frequent visitation or other ongoing interaction in the case of siblings who have been removed and who are not placed together

When Reasonable Efforts Are NOT Required

Citation: Ann. Stat. Tit. 10A, § 1-4-809Reasonable efforts are not required if the court finds, based upon a preponderance of the evidence, that:

• The parent or legal guardian of the child who is an infant age 12 months or younger has abandoned the child.
• The parent or legal guardian of the child has:
  • Committed murder or manslaughter of any child
  • Aided or abetted, attempted, conspired, or solicited to commit the murder or manslaughter of any child
  • Committed a felony assault upon any child that resulted in serious bodily injury
  • Subjected any child to aggravated circumstances, including, but not limited to, heinous and shocking abuse or neglect
• The parental rights of a parent to the child’s sibling have been terminated involuntarily.
• The parent has been found by a court of competent jurisdiction to have committed sexual abuse against the child or another child of the parent.
• The parent is required to register with a sex offender registry pursuant to § 113(a) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. § 16913(a)).

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How to Establish a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How Standby Authority is Activated

Citation:This issue is not addressed in the statutes reviewed.

Involvement of the Noncustodial Parent

Citation:
This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

Citation:This issue is not addressed in the statutes reviewed.

Withdrawing Guardianship

Citation:This issue is not addressed in the statutes reviewed.