§ 1-4-807. Review hearing
Oklahoma Statutes AnnotatedTitle 10A. Children and Juvenile Code
10A Okl.St.Ann. § 1-4-807
§ 1-4-807. Review hearing
A. 1. Every case regarding a child alleged or adjudicated to be deprived shall be reviewed by the court at a hearing no later than six (6) months from the date of the child's removal from the home and at least once every six (6) months thereafter until permanency is achieved or the court otherwise terminates jurisdiction except as otherwise set forth in paragraph 2 of this subsection. A review hearing may be held concurrently with a permanency hearing.
2. 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 that 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 ninety (90) days until there is a final determination that the child cannot be placed in a family setting.
B. If a foster parent, group home, preadoptive parent, or relative is currently providing care for a child, the Department shall give the foster parent, group home, preadoptive parent, or relative notice of a proceeding concerning the child. A foster parent, group home representative, 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, group home, 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.
C. The court shall receive all evidence helpful in deciding the issues before the court including, but not limited to, oral and written reports, which may be admitted and relied upon to the extent of their probative value, even though not competent for purposes of an adjudicatory hearing. All service provider progress reports and critical incident reports shall be submitted to the court and shall also be delivered to the district attorney, the attorney or attorneys representing the parents or group home, the child's attorney and guardian ad litem, if applicable, and the relevant tribe or tribes, if applicable.
d. whether the services set forth in the individualized service plan and the responsibilities of the parties need to be clarified or modified due to the availability of additional information or changed circumstances or as the court determines to be in the best interests of the child and necessary for the correction of the conditions that led to the adjudication of the child,
g. whether reasonable efforts have been made to provide for the safe return of the child to the child's own home. If the court determines or has previously determined that reasonable efforts are not required pursuant to the provisions of Section 1-4-809 of this title, or that continuation of reasonable efforts to reunite the child with the child's family is inconsistent with the permanency plan for the child, the court shall determine if reasonable efforts are being made to place the child in a timely manner in accordance with the permanency plan and determine the steps necessary to finalize permanency for the child,
h. where appropriate, when the child is fourteen (14) years of age or older, whether services are being provided that will assist the child in making the transition from foster care to a successful adulthood. The court shall inquire or cause inquiry to be made of the child regarding any proposed independent living plan,
i. whether the nature and extent of services being provided the child and parent or parents of the child are adequate and shall order that additional services be provided or studies, assessments, or evaluations be conducted, if necessary, 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,
k. whether, during the ninety-day period immediately prior to the date on which the child in the custody of the Department will attain eighteen (18) years of age, the Department and, as appropriate, other representatives of the child are providing the child with assistance and support in developing an appropriate transition plan that is personalized at the direction of the child, that includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services, and is as detailed as the child may elect;
Credits
Laws 1981, c. 289, § 1; Laws 1983, c. 113, § 2, eff. Nov. 1, 1983; Laws 1989, c. 126, § 1, emerg. eff. May 1, 1989; Laws 1990, c. 272, § 3, eff. Sept. 1, 1990; Laws 1991, c. 296, § 19, eff. Sept. 1, 1991; Laws 1992, c. 298, § 28, eff. July 1, 1993; Laws 1992, c. 373, § 3, eff. July 1, 1992; Laws 1994, c. 290, § 42, eff. July 1, 1994. Renumbered from Title 10, § 1116.1 and amended by Laws 1995, c. 352, §§ 33, 199, eff. July 1, 1995. Laws 1996, c. 353, § 23, eff. Nov. 1, 1996; Laws 1997, c. 389, § 6, eff. Nov. 1, 1997; Laws 1998, c. 421, § 19, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 19, eff. July 1, 2000; Laws 2002, c. 237, § 2, emerg. eff. May 9, 2002; Laws 2004, c. 452, § 2, eff. Nov. 1, 2004; Laws 2007, c. 196, § 2, eff. July 1, 2007; Laws 2009, c. 160, § 4, emerg. eff. May 11, 2009. Renumbered from Title 10, § 7003-5.6 and amended by Laws 2009, c. 233, §§ 40, 253, emerg. eff. May 21, 2009; Laws 2011, c. 244, § 3, eff. Nov. 1, 2011; Laws 2014, c. 105, § 4, eff. Nov. 1, 2014; Laws 2015, c. 173, § 4, eff. Nov. 1, 2015.
10A Okl. St. Ann. § 1-4-807, OK ST T. 10A § 1-4-807
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
End of Document |