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§10-1116.3.
§10-1116.3.
A. Postadjudication review boards shall function in an advisory
capacity to the district court and, in accordance with the provisions
of subsection C of this section, the district planning and
coordination boards for services to children and youth of the Oklahoma
Commission on Children and Youth.
The duties of a review board shall be to:
1. Review the case of every adjudicated deprived child at least once
every six (6) months and submit to the court within ten (10) days of
any review hearing its findings and recommendations.
a. Such review shall include, but not be limited to, consideration and
evaluation of:
(1) the appropriateness of the goals and objectives of the treatment
and service plan,
(2) the appropriateness of the goals and objectives of the permanency
plan and permanency planning, and
(3) the appropriateness of the services provided to the child, and to
the parent, stepparent, or other adult living in the home of the
child, or legal guardian, or custodian.
b. Reviews of cases and reports to the court shall be scheduled to
ensure that the court receives the findings and recommendations of the
review board prior to each regularly scheduled six-month review of the
case by the court;
2. Review the case of every child alleged to be deprived and held in
an out-of-home placement. Such review shall include, but not be
limited to, consideration and evaluation of:
a. whether the continued out-of-home placement is in the best
interests of the child in light of the child's need for permanency and
recognizing that permanency is in the best interests of the child,
b. the appropriateness of the continued out-of-home placement, and
c. in the absence of a court-ordered treatment and service plan, the
appropriateness of the services provided to the child and any family
members or other adult living in the home of the child;
3. Review the case of every child adjudicated deprived pursuant to the
laws of another state or territory, when the child is currently
residing in Oklahoma and the Department of Human Services has been
notified of the change of residence by the other state or territory
and has agreed to provide services to the child pursuant to the
Interstate Compact on the Placement of Children or other agreement
concerning the child. The Department shall notify the proper review
board of the location of the child and shall provide such review board
with information received by the Department from the other state
concerning the child or placement along with any reports made by the
Department concerning the child or placement. The review board shall
report its findings to the Department and may report such findings to
the agency or court in the state having jurisdiction for the custody
of the child. The child and the custodian of the child may be required
to be present at the review board's meeting regarding the child.
4. If approved by the court, review the case of any juvenile
adjudicated delinquent or in need of supervision. Such review shall
include, but not be limited to, consideration and evaluation of:
a. the appropriateness of the placement,
b. the appropriateness of the services provided to the child and any
family members or other adult living in the home of the child, and
c. the appropriateness of the goals and objectives of the treatment
and service plan; and
5. Forward copies of the findings and recommendations of the review
board to the court having jurisdiction of the case, the parent, legal
guardian, attorney representing the child, custodian of the child,
agency supervising the case or legal custodian of the child and to any
other interested party as determined by the court. It shall be the
duty of the court clerk to ensure that all documents filed pertaining
to the case of an adjudicated child are properly noted and affixed in
the file of the child prior to the commencement of the review process
by the review board. The bailiff or bailiffs of the judges having
juvenile docket responsibility within the district shall transmit the
information necessary for the case reviews to the review board for
that district.
B. The review board's report of its findings and recommendations shall
be admitted into evidence in any dispositional hearing, and may be
relied upon to the extent of its probative value, even though not
competent for purposes of an adjudicatory hearing.
C. In addition to its reviewing function, a review board, as directed
by the Oklahoma Commission on Children and Youth and in coordination
with the district planning and coordination boards shall:
1. Promote and encourage all child placement agencies to maximize
family stability and continuity for a child by discouraging
unnecessary changes in placement and by recruiting persons to provide
placement who may be suitable and willing to adopt;
2. Review the efforts of agencies and institutions to find permanent
placement for eligible children and report to the court;
3. Encourage a meeting between the various responsible public and
private agencies, institutions, and officers of the court in order to
facilitate cooperation and coordination of efforts; and
4. Assess community resources, and develop, if not already available,
a directory of responsible persons, agencies, and institutions.
D. A review board may solicit the attendance at its meetings of
persons known to the board with information concerning the case of any
child subject to its review. However, no employee of the Office of
Juvenile Affairs shall be required to attend a review board meeting.
E. A review board shall report annually its findings, recommendations,
and assessments of the effectiveness of sections of law pertaining to
individual treatment plans, information to accompany deprived children
placed outside the home, and dispositional orders and Sections 1116.2
through 1116.6 of this title to the Administrator of the Courts, the
Supreme Court, to the court having jurisdiction of the case, to the
State Postadjudication Review Advisory Board, and the Oklahoma
Commission on Children and Youth and provide such other reports as
deemed proper or that may be requested from time to time by the
Oklahoma Commission on Children and Youth, the Governor, the
Legislature, or the Supreme Court.
F. It shall be the duty of the court having jurisdiction of the case
to acknowledge the receipt of the recommendations of the review board
and note to the review board the actions of the court regarding the
recommendations submitted by the review board.
G. A review board member may attend any court hearing concerning the
case of any child subject to review by the board.
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