§ 1-4-811. Permanency hearing and findings
Oklahoma Statutes AnnotatedTitle 10A. Children and Juvenile CodeEffective: November 1, 2019
Effective: November 1, 2019
10A Okl.St.Ann. § 1-4-811
§ 1-4-811. Permanency hearing and findings
3. Subsequent permanency hearings shall be held at least every six (6) months for any child who continues to be in an out-of-home placement. At the request of a party, the Department of Human Services, or on the motion of the court, the initial and subsequent permanency hearings may be held more frequently.
4. At 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. The rules of evidence shall not apply to permanency hearings and all evidence helpful in determining the proper permanency goal shall be considered including, but not limited to, oral and written reports, which may be admitted and may be relied upon to the extent of their probative value, even though not competent for the purposes of the adjudicatory hearing.
5. The permanency plan for the child in transition to a successful adulthood shall be developed in consultation with the child and, at the option of the child, with up to two members of the permanency planning team to be chosen by the child, excluding the foster parent and caseworker for the child, subject to the following provisions:
C. 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.
D. At the hearing, the court shall determine or review the continued appropriateness of the permanency plan of the child and whether a change in the plan is necessary, the date by which the goal of permanency for the child is scheduled to be achieved, and whether the current placement of the child continues to be the most suitable for the health, safety, and welfare of the child. The court shall also, in an age-appropriate manner, inquire or cause inquiry to be made of the child regarding the proposed permanency plan and if the child is age fourteen (14) or older, the planning for the transition of the child to a successful adulthood.
4. a. Placement in the legal custody of the Department under a planned alternative permanent placement, provided the child is age sixteen (16) or older and there are compelling reasons documented by the Department and presented to the court at each permanency hearing that include the intensive, ongoing and, as of the date of the hearing, unsuccessful efforts made to:
(2) make a judicial determination, as of the date of the hearing, why a planned alternative permanent placement is the best permanency plan for the child and provide compelling reasons why it continues to not be in the best interests of the child to return home or be placed for adoption with a legal guardian or with a fit and willing relative.
1. Whether the Department has made reasonable efforts to finalize the permanency plan that is in effect for the child and a summary of the efforts the Department has made; or, in the case of an Indian child, whether the Department has made active efforts to provide remedial services and rehabilitative programs as required by 25 U.S.C., Section 1912(d);
Credits
Laws 1998, c. 421, § 21, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 20, eff. July 1, 2000; Laws 2002, c. 237, § 3, emerg. eff. May 9, 2002; Laws 2004, c. 452, § 3, eff. Nov. 1, 2004; Laws 2007, c. 196, § 3, eff. July 1, 2007; Laws 2009, c. 160, § 5, emerg. eff. May 11, 2009. Renumbered from Title 10, § 7003-5.6d and amended by Laws 2009, c. 233, §§ 43, 257, emerg. eff. May 21, 2009; Laws 2015, c. 173, § 5, eff. Nov. 1, 2015; Laws 2019, c. 243, § 1, eff. Nov. 1, 2019.
10A Okl. St. Ann. § 1-4-811, OK ST T. 10A § 1-4-811
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.
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