§ 1-9-106. Kinship Foster Care Program
Oklahoma Statutes AnnotatedTitle 10A. Children and Juvenile Code
10A Okl.St.Ann. § 1-9-106
§ 1-9-106. Kinship Foster Care Program
C. 1. When a child has been removed from the child's home and is in the care and custody of the Department, the Department shall attempt to place the child with a person determined by the Department to have a kinship relationship with the child if such placement is in the best interests of the child.
2. In determining a kinship placement for a child who has been removed from the custody of a custodial parent and placed with the Department in emergency or protective custody, priority shall be given by the Department to the placement of the child with the noncustodial parent of the child unless such placement is not in the best interests of the child. If it is determined by the Department that placement with the noncustodial parent is not in the best interests of the child, placement shall be consistent with the provisions of Section 1-4-204 of this title. The health, safety, or welfare of a child shall be of paramount concern in any placement.
D. 1. Upon the completion of the records search to ascertain if there is an Oklahoma record of criminal history for the prospective kinship foster parent or any other adult residing in the prospective kinship foster parent's home, and subject to any other standards established by law or by the Department, a child may be placed in the kinship home. A kinship foster parent shall not be entitled to any payments for providing foster care until such foster parent receives final approval from the Department to be a kinship foster parent.
2. Following placement, the Oklahoma State Bureau of Investigation shall complete a national criminal history records search based upon submission of fingerprints for any kinship foster parent and any adult residing in the home of such parent, and shall make the results of the records search available to the Department pursuant to the provisions of the Oklahoma Child Care Facilities Licensing Act,1 and applicable state and federal law. The Director of Human Services or designee may authorize an exception to the fingerprinting requirement for an adult residing in the kinship foster care home who has a severe physical condition which precludes the person from being fingerprinted.
G. 1. When the kinship foster parent is finally approved by the Department, in accordance with applicable state and federal law and rules promulgated by the Commission for Human Services regarding foster care services, the kinship foster care family shall be eligible to receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether monetary or in services.
Credits
Laws 1996, c. 353, § 25, eff. Nov. 1, 1996; Laws 1998, c. 421, § 29, emerg. eff. June 11, 1998; Laws 1999, c. 2, § 2, emerg. eff. March 3, 1999; Laws 2000, c. 374, § 24, eff. July 1, 2000; Laws 2001, c. 141, § 5, emerg. eff. April 30, 2001. Renumbered from Title 10, § 7004-1.5 and amended by Laws 2009, c. 233, §§ 62, 298, emerg. eff. May 21, 2009.
Footnotes
Title 10, § 401 et seq.
10A Okl. St. Ann. § 1-9-106, OK ST T. 10A § 1-9-106
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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