§ 1-4-204. Placement preferences
Oklahoma Statutes AnnotatedTitle 10A. Children and Juvenile CodeEffective: November 1, 2019
Effective: November 1, 2019
10A Okl.St.Ann. § 1-4-204
§ 1-4-204. Placement preferences
A. 1. When awarding custody or determining the placement of a child, a preference shall be given to relatives and persons who have a kinship relationship with the child. The Department of Human Services shall make diligent efforts to place the child with such persons and shall report to the court the efforts made to secure that placement. In cases where the Indian Child Welfare Act1 applies, the placement preferences of the act shall be followed. The Department shall verify applicability of the Indian Child Welfare Act within three (3) months of the child being taken into custody.
2. When two or more children are siblings, every reasonable attempt shall be made to place the siblings in the same home, except as provided in paragraph 3 of this subsection. In making a permanent placement, siblings shall be placed in the same permanent home or, if the siblings are separated, shall be allowed contact or visitation with each other; provided, however, the best interests of each sibling shall be the standard for determining the appropriate custodian or placement as well as the contact and visitation with the other siblings.
C. 1. The Department of Human Services shall consider placement with a relative without delay and shall identify relatives of the child and notify them of the need for temporary placement and the possibility of the need for a permanent out-of-home placement of the child. The relative search shall be reasonable and comprehensive in scope and may continue until a fit and willing relative is identified; however, a nationwide relative search shall be conducted by the Department within three (3) months of the child being taken into custody.
2. The relatives shall be notified of the need to keep the Department informed of their current address in order to receive notice when a permanent out-of-home placement is being sought for the child. A relative who fails to provide a current address may forfeit the right to be considered for the child's permanent out-of-home placement.
3. A decision by a relative to not participate in the child's placement planning at the beginning of the case or to cooperate with the Department to expedite procedures for placement of the child in the child's home may affect whether that relative will be considered for permanent placement of the child if the child cannot be safely returned to the home of the child's parent or parents.
D. The Department, while assessing the relatives for the possibility of placement, shall be authorized to disclose to the relative, as appropriate, the fact that the child is in custody, the alleged reasons for the custody, and the projected date for the child's return home or other permanent placement as well as any other confidential information deemed necessary and appropriate to secure a suitable placement.
E. Following an initial placement with a relative, whenever a new placement of the child is made, consideration for placement shall again be given as described in this section to approved relatives who will fulfill the reunification or permanent plan requirements of the child. The Department shall consider whether the relative has established and maintained a relationship with the child.
Credits
Laws 2009, c. 233, § 114, emerg. eff. May 21, 2009; Laws 2016, c. 245, § 1, eff. Nov. 1, 2016; Laws 2017, c. 342, § 3, eff. Nov. 1, 2017; Laws 2019, c. 37, § 1, eff. Nov. 1, 2019.
Footnotes
Title 10, § 40 et seq.
10A Okl. St. Ann. § 1-4-204, OK ST T. 10A § 1-4-204
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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