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10-7003-5.5.
§10-7003-5.5.
A. 1. When a child has been adjudicated deprived pursuant to
the provisions of Section 7003-4.5 of this title, the court may enter
a dispositional order on the same day, but in any event the court
shall hold a dispositional hearing and enter such order within forty
(40) days of such adjudication unless the court finds on the record
that the best interests of the child will be served by granting a
delay.
2. If the court grants a delay, the court shall state why the
delay is necessary and shall state the minimum amount of time needed
to resolve any such reasons for the delay. The court shall schedule
the dispositional hearing at the earliest possible time following the
delay.
B. 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, 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.
C. The following kinds of orders of disposition may be made in
respect to wards of the court pursuant to a deprived child
proceeding:
1. The court may place the child under supervision by the
Department of Human Services in the child's own home, or in the
custody of a suitable person elsewhere. The court may require the
parent or other person to comply with such conditions as the court
may require and to give security by bond, with surety or sureties
approved by the court, for compliance with such order.
2. If it is consistent with the welfare of the child, the child
shall be placed with the child's parent or legal guardian, but if it
appears to the court that the conduct of such parent, legal guardian,
custodian, stepparent or other adult person living in the home has
contributed to such deprivation, the court may issue a written order
specifying conduct to be followed by such parent, guardian, legal
custodian, stepparent or other adult person living in the home with
respect to such child. The conduct specified shall be such as would
reasonably prevent the child from becoming or continuing to be
deprived. Such order shall remain in effect for a period of not more
than one (1) year, to be specified by the court, and the order may be
extended or renewed by the court.
3. The court may place the child in the custody of a private
institution or agency, including any institution established and
operated by the county, authorized to care for children or to place
them in family homes. In placing a child in a private institution or
agency, the court shall select one that is licensed by the Department
or any other state department supervising or licensing private
institutions and agencies; or, if such institution or agency is in
another state, by the analogous department of that state. Whenever
the court shall place a child in any institution or agency, it shall
transmit with the order of commitment a summary of its information
concerning the child, and such institution or agency shall give to
the court such information concerning the child as the court may at
any time require.
4. The court may order the child to receive counseling or other
community-based services as necessary.
5. The court may place the child in the custody of the
Department.
6. If the child has been placed outside the home, and it appears
to the court that the parent, legal guardian, custodian, stepparent,
or other adult person living in the home has contributed to the
deprivation of the child, the court may order that the parent, legal
guardian, custodian, stepparent, or other adult living in the home be
made subject to any treatment or placement plan prescribed by the
Department or other person or agency receiving custody of the child.
7. Except as otherwise provided by the Oklahoma Child Abuse
Reporting and Prevention Act, the court may dismiss the petition and
terminate its jurisdiction at any time for good cause shown when in
the best interests of the child.
8. The court may order a child's permanent care and custody
transferred to another person, subject to residual parental rights
and responsibilities, subject to order of the court and upon the
written consent of the parents of the child.
a. Prior to the entry of an order transferring the
permanent care and custody of a child, the court shall
receive an investigation and report regarding the
background and home of the prospective custodian. Such
investigation and report of the prospective custodian
shall be made pursuant to the requirements of the
Oklahoma Adoption Act. The Department of Human
Services shall not be required by the court to make the
home study and report as specified by this paragraph.
b. Upon the entry of an order providing for the transfer
of the permanent care and custody of a child, the order
shall remain in full force and effect until:
(1) the child reaches the age of eighteen (18) years,
or
(2) the parent who consented to the transfer of the
permanent care and custody of the child petitions
the court for the recovery of the child and the
court finds after evidentiary hearing:
(a) the child has been abused or neglected while
in the care and custody of the custodian, and
(b) it is in the best interests of the child that
custody of the child be returned to the
parents, or
(3) the district attorney, attorney for the child, or
custodian petitions the court for modification of
the order transferring permanent care and custody
and the court finds after evidentiary hearing that
it is in the best interests of the child for the
order to be modified.
c. An order providing for the transfer of the permanent
care and custody of a child:
(1) shall require that the placement be reviewed
within one (1) year after transfer,
(2) shall not require periodic reviews by the court
thereafter if the parties agree with the assent of
the court that such reviews are not necessary to
serve the best interests of the child, and
(3) unless periodic reviews are required pursuant to
this subparagraph, the court may close the case.
9. a. When reunification of the family is not recommended or
possible, the court may order a child's permanent care
and custody transferred to a kinship guardian. Kinship
guardianship shall include, but not be limited to, the
following parental responsibilities with respect to a
child:
(1) protection,
(2) education,
(3) care and control,
(4) custody, and
(5) decision making.
b. A kinship foster parent may file a petition with the
court to be appointed as kinship guardian for a child.
The petition shall allege that:
(1) a child is placed with the Department,
(2) more than twelve (12) months have passed since the
date of the dispositional order placing such child
with the Department,
(3) the parents of the child are presently and for the
foreseeable future unable to provide proper and
adequate care for the child,
(4) the prospective kinship guardian consents to the
appointment,
(5) the child has resided with the kinship foster
parent and there exists a loving and emotional tie
between the child and the kinship foster parent,
and
(6) it would be in the best interests of the child for
the petition to be granted.
c. Notice of the petition and a copy of the petition shall
be served upon the parties, the Department, and the
guardian ad litem of the child.
d. If the court finds that the elements of the petition
have been proven based on clear and convincing
evidence, or upon the consent of all parties, the court
shall grant the petition.
e. An order appointing a person as a kinship guardian
shall award custody of the child to the kinship
guardian. A kinship guardian shall have the same
authority as a parent to consent on behalf of a child,
except that a kinship guardian shall not consent to the
adoption or surrender of a child.
f. If the Department's Title 4E waiver application for
assisted guardianship is approved, the Department
shall, if funds are available, make monthly payments to
the kinship guardian as if the child were in foster
care and subject to the procedures, limitations and
minimum payments of such foster care program. Funds
available to the child based on the child's eligibility
under the Medicaid program shall be provided to the
child without regard to the kinship guardian's income
or resources.
g. Upon the entry of an order providing for the transfer
of the permanent care and custody of a child to a
kinship guardian, the order shall remain in full force
and effect until:
(1) the child reaches the age of eighteen (18) years,
or
(2) the court finds after evidentiary hearing:
(a) the child has been abused or neglected while
in the care and custody of the kinship
guardian, and
(b) it is in the best interests of the child that
custody of the child be returned to the
parents, or
(3) the district attorney, an attorney for the child,
or the kinship guardian petitions the court for
modification of the order transferring permanent
care and custody to a kinship guardian and the
court finds after evidentiary hearing that it is
in the best interests of the child for the order
to be modified.
h. An order appointing a kinship guardian shall:
(1) require that the placement be reviewed within one
(1) year after transfer,
(2) not require periodic reviews by the court
thereafter if the parties agree with the assent of
the court that such reviews are not necessary to
serve the best interests of the child, unless
periodic reviews are required pursuant to the
Department's obtaining a Title IV-E waiver, or
such reviews are otherwise required by the court,
and
(3) close the case unless periodic reviews are
required.
i. Except as otherwise provided by the court, the
appointment of a kinship guardian shall not affect or
impair the visitation rights of a parent.
D. Any order entered pursuant to this section shall include a
statement informing the child's parent that the consequences of
noncompliance with the requirement of the court may include
termination of the parent's rights with respect to the child.
E. 1. Except as otherwise provided in subsection F of this
section, in any dispositional order removing a child from the home of
the child, the court shall make a determination as to whether, in
accordance with the best interests of the child:
a. reasonable efforts have been made to provide for the
safe return of the child to the child's own home, or
b. reasonable efforts to reunite the family are not
feasible, and reasonable efforts are being made to
secure an alternate permanent placement for the child.
2. In determining reasonable efforts to be made with respect to
a child and in making such reasonable efforts, the child's health and
safety shall be the paramount concern.
F. 1. At any hearing held pursuant to the provisions of this
section, if the court finds that continuation of reasonable efforts
to return the child home are inconsistent with the permanency plan
for a child, the court shall determine whether reasonable efforts
have been made to place the child in a timely manner in accordance
with the permanency plan and to complete whatever steps are necessary
to finalize the permanent placement of the child.
2. Reasonable efforts to reunite the child with the child's
family shall not be required however, pursuant to the provisions of
Section 14 of this act.
G. 1. If it is consistent with the welfare of the child, in
cases where the child has been adjudicated to be deprived due to
repeated absence from school, the court may order counseling and
treatment for the child and the parents of the child to be provided
by the local school district, the county, the Department or a private
individual or entity.
2. Prior to final disposition, the court shall require that it
be shown by the appropriate school district that a child found to be
truant has been evaluated for literacy, learning disabilities, mental
retardation, and hearing and visual impairments and other impediments
which could constitute an educational handicap. The results of such
tests shall be made available to the court for use by the court in
determining the disposition of the case.
3. No child who has been adjudicated deprived upon the basis of
noncompliance with the mandatory school attendance law alone may be
placed in a public or private institutional facility or be removed
from the custody of the lawful parent, guardian or custodian of the
child.
4. A deprived adjudication based solely upon repeated absence
from school shall not constitute a ground for termination of parental
rights.
H. In any dispositional order involving a child sixteen (16)
years of age or older, the court shall make a determination, where
appropriate, of the services needed to assist the child to make the
transition from out-of-home care to independent living.
I. 1. If reasonable efforts are required for the return of the
child to the child's home, the court shall allow the parent of the
child not less than three (3) months to correct conditions which led
to the adjudication of the child as a deprived child prior to
terminating the parental rights of the parent pursuant to the
provisions of Section 7006-1.1 of this title.
2. The court shall not terminate the rights of a parent who has
not been notified that the parental rights might be terminated.
3. If the court terminates the rights of a parent and places the
child with an individual or agency, the court may invest in such
individual or agency authority to consent to the adoption of the
child. Provided, that where the court places the child with the
Department, it shall vest the Department with authority to place the
child and, upon notice to the court that an adoption petition has
been filed concerning such child, invest the Department with
authority to consent to the adoption of the child, and the
jurisdiction of the committing court shall terminate upon final
decree of adoption.
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