Okla. Admin. Code § 340:75-6-86

Current through Vol. 42, No. 7, December 16, 2024

Section 340:75-6-86 - Changes in child's living arrangements

(a)Notification requirement when child in custody is moved from one location to another. Section 1-4-804 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-804) requires when the child in Oklahoma Human Services (OKDHS) custody is moved from one location to another, within a reasonable time after OKDHS is aware of the need for movement, but in no event less than five-judicial days prior to movement unless an emergency exists, OKDHS notifies the:

(1) court of jurisdiction;

(2) child's attorney of the child's specific location;

(3) district attorney;

(4) Post Adjudication Review Board;

(5) court-appointed special advocate, when any, of the child's specific location;

(6) guardian ad litem of the child, when any, of the child's specific location;

(7) the tribal representative involved in the case, when any, of the child's specific location; and

(8) Child Support Services office in the county of jurisdiction.

(b)Emergency movement of the child in custody. "Emergency," as used in 10A O.S. § 1-4-804, means movement of the child that is:

(1) pursuant to a court order including, but not limited to, an order authorizing placement of the child with a parent or sibling;

(2) immediate removal of the child without delay or notice requested by the child-placing agency or child's foster parent;

(3) for emergency medical or mental health treatment;

(4) for substantial noncompliance by the foster parent or child-placing agency with applicable placement standards and agreements such that the child is in imminent danger; or

(5) due to a pending investigation of an allegation of abuse or neglect of a child by the foster parent, childplacing agency, or other person residing in the foster family home. When a Child Protective Services investigation results in removal of a child in OKDHS custody from the home, the child welfare specialist provides:

(A) Form 04MP014E, Notice of Child's Removal from Out-of-Home Placement, to the resource parent; and

(B) Form 04MP031E, Notice of Decision Not to Return Child After Investigation, to the resource parent when a decision is made not to return the child to the home, per OAC 340:75-7-94.

(c)Removal notification when child has resided in foster home or group home for three months or more.

(1) Pursuant to 10A O.S. § 1-4-805, except in an emergency, when the child has resided with the foster parent or in a group home for three months or more, written notice is provided five-judicial days prior to the child's removal from the foster parent or group home to the:

(A) tribal foster parent;

(B) emergency foster parent;

(C) therapeutic foster parent;

(D) Developmental Disabilities Services foster parent;

(E) kinship foster parent;

(F) non-kinship foster parent; and

(G) court.

(2) The length of time applies to placement in each individual therapeutic or contract foster home or group home and not placement with the therapeutic or contract agency.

(d)Objection to removal when child has resided in foster home or group home for more than six months. When the child has resided in the same foster home or group home for more than six months, the foster parent or group home representative has the right to file a written objection to the child's removal from the placement home per 10A O.S. § 1-4805.

(1) The objection is filed with the court and served on OKDHS within five-judicial days after receipt of the notice to remove the child.

(2) Timely filing and service of the objection stays removal of the child pending review by the court, unless the reason OKDHS stated for removal is due to an emergency, per subsection (b) of this Section.

(e)Hearing on objection to child's removal from the foster home or group home. When the child is being removed from the foster home or group home and any party, the foster parent, or group home representative files an objection, an informal placement review hearing is held within 15-judicial days per 10A O.S. § 1-4-805. The court may order the child remain in, or be returned to, the objecting foster parent's home or group home when the court finds the OKDHS placement decision was arbitrary, inconsistent with the child's permanency plan, or not in the child's best interests.

Okla. Admin. Code § 340:75-6-86

Added at 13 Ok Reg 3669, eff 4-29-96 (emergency); Added at 14 Ok Reg 630, eff 12-12-96 (emergency); Added at 14 Ok Reg 2288, eff 6-12-97; Amended at 15 Ok Reg 211, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1663, eff 5-11-98; Amended at 16 Ok Reg 102, eff 10-13-98 (preemptive); Amended at 18 Ok Reg 393, eff 12-8-00 (emergency); Amended at 18 Ok Reg 2128, eff 6-11-01; Amended at 19 Ok Reg 2208, eff 6-27-02; Amended at 20 Ok Reg 90, eff 10-16-02 (emergency); Amended at 20 Ok Reg 921, eff 5-12-03; Amended at 24 Ok Reg 1044, eff 6-1-07; Amended at 28 Ok Reg 894, eff 7-1-11; Amended at 30 Ok Reg 839, eff 7-1-13

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/15/2015.

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024