1. A. An individual treatment and service plan shall be filed with the court within thirty (30) days after a child has been adjudicated to be deprived.
2. B. The plan shall be filed by the Department of Human Services or the agency responsible for the supervision of the case, or by the Department or the agency or licensed child-placing agency having custody of the child if the child has been removed from the custody of its lawful parent or parents.

3. C. The treatment and service plan shall be based upon a comprehensive assessment and evaluation of the child and family. The plan shall be:

   1. 1. Developed with the participation or input of the parent, legal guardian, or custodian of the child, the child's attorney and the guardian ad litem of the child, if any, and, if appropriate, the child;
   2. 2. Individualized and specific to each child and the child's family. The plan shall contain specific time frames;
   3. 3. Written in simple and clear English. If English is not the principal language of the child's parent, legal guardian, or custodian, and such person is unable to read or comprehend the English language, to the extent possible the plan shall be written in such person's principal language;
   4. 4. Subject to modification based on changing circumstances consistent with the correction of the conditions that led to the adjudication of the child; and
   5. 5. Reasonable, accurate, and in compliance with the requirements of other court orders.

4. D. The individual treatment and service plan shall include, but not be limited to:

   1. 1. A history of the child and family, including identification of the problems leading to the deprived child adjudication. The statement of the conditions leading to the adjudication shall include a statement of the methods to be used to correct those conditions or to achieve permanent placement of the child;
   2. 2. Identification of the specific services to be provided to the child, including, but not limited to, educational, vocational educational, medical, drug or alcohol abuse treatment, or counseling or other treatment services, and identification of the services to be provided to the parent, legal guardian, custodian, stepparent, other adult person living in the home or other family members, to remediate or alleviate the conditions that led to the adjudication, including services needed to assist the family to provide safe and proper care of the child or to prevent further harm to the child;
   3. 3. A schedule of the frequency of services or treatment and the means by which delivery of the services or treatment will be assured or, as necessary, the proposed means by which support services or other assistance will be provided to enable the parent or the child to obtain the services or treatment;
   4. 4. The name of the social worker assigned to the case;

   5. 5. If the child is placed outside the home:

      1. a. the services to be provided during and after any such placement,
      2. b. the reasons for such placement and a statement as to the unavailability or inappropriateness of local placement, or other good cause, for any placement more than forty (40) miles from the home of the child,
      3. c. the services to be provided to the child to ensure safe and proper care while in such placement and the projected date of discharge,
      4. d. the services necessary to assist the child to reintegrate with the child's family or other community-based placement and a description of acts by and conduct that is expected of the parent or parents, legal guardian, custodian, or stepparent or other adult person living in the home that would alleviate the conditions that resulted in the removal of the child before the child can be returned to a safe home,
      5. e. if the child is sixteen (16) years of age or older, the services necessary to make the transition from foster care or other community placement to independent living,
      6. f. a description of the type of safe and proper placement in which the child is to be placed,
      7. g. a description of the initial support obligation to the child, as determined by the court,
      8. h. a description of any visitation rights and obligations of the parent or parents, legal guardian, or custodian during the period the child is in care, and
      9. i. a discussion of the safety and appropriateness of the child's placement, which placement is intended to be in the least restrictive and most family-like setting available, consistent with the best interests and special needs of the child and in as close proximity as possible to the child's home;
   6. 6. Performance criteria that will measure the progress of the child and family toward completion of the treatment and service plan including, but not limited to, time frames for achieving objectives and addressing the identified problems;
   7. 7. A projected date for the completion of the treatment and service plan;
   8. 8. The name and business address of the attorney representing the child;
   9. 9. The permanency goal for the child and the reason for selection of that goal; and

   10. 10.

       1. a. In the case of a child with respect to whom the permanency plan is adoption or placement in other permanent placement, documentation of the steps the Department is taking to:

          1. (1) find an adoptive family or other permanent living arrangement for the child,
          2. (2) place the child with an adoptive family, a fit and willing kinship relation, a legal guardian, kinship guardian, or in another planned permanent living arrangement, and
          3. (3) finalize the adoption or guardianship, kinship guardianship or other permanent placement.
       2. b. Such documentation shall include, at a minimum, child-specific recruitment efforts such as the use of state, regional and national adoption exchanges, including electronic exchange systems.
5. E. Each treatment plan shall specifically provide for the safety of the child, in accordance with state and federal law, and clearly define what actions or precautions will, or may, be necessary to provide for the safety and protection of the child.

6. F. The individual treatment and service plan shall include the following statement:

   TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. ITS PURPOSE IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE HOME WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. IF YOU ARE UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE HOME, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU.

7. G. Whenever a child who is subject to the provisions of this section is committed for inpatient mental health or substance abuse treatment pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act, the individual treatment and service plan shall be amended as necessary and appropriate, including, but not limited to, identification of the treatment and services to be provided to the child and the child's family upon discharge of the child from inpatient mental health or substance abuse treatment.

8. H. In addition to the information required pursuant to subsection A of this section, when a child, who at birth tested positive for alcohol or a controlled dangerous substance and who was determined to be at risk for future exposure to such substances, has been removed from the home, the Department of Human Services, subject to court approval:

   1. 1. May require, as part of the treatment and service plan, that the mother of such child complete a treatment program approved by the Alcohol and Drug Abuse Prevention, Training, Treatment and Rehabilitation Authority prior to the return of the child to a safe home;
   2. 2. May require, as part of the treatment and service plan, that the father of the child, legal guardian, custodian, stepparent or other adult person living in the home who is an alcohol-dependent or a drug-dependent person, as such terms are defined by Section 3-403 of Title 43A of the Oklahoma Statutes, and whose conduct has contributed to the dependency of such child or mother on alcohol or drugs, or to the conditions which caused the child to be adjudicated deprived, complete a treatment program approved by the Alcohol and Drug Abuse Prevention, Training, Treatment and Rehabilitation Authority prior to the return of the child to the safe home; and
   3. 3. May require testing for substance abuse of the mother, father, legal guardian, custodian, stepparent or other adult person living in the home, on a monthly basis for a twelve-month period following completion of the substance abuse program and after return of the child to a safe home. A positive test of any such person shall be presented to the Department of Human Services and the district attorney.
9. I. Testing ordered by the court pursuant to subsection H of this section shall be admissible only for the purposes of deprived child and custody proceedings.
10. J. The services delineated in the individual treatment and service plan shall be designed to improve the conditions in the family home and aid in maintaining the child in a safe home, to facilitate the return of the child to the family home, or to facilitate the permanent placement of the child. The plan shall focus on clearly defined objectives and shall provide the most efficient path to quick reunification or permanent placement. To the extent possible, the plan shall contain outcome based evaluation criteria that measure success in the reunification or permanent placement process.
11. K. In the event that the parent or parents are unwilling to participate in the development or implementation of the individual treatment and service plan, the Department shall document such unwillingness in writing to the parent or parents and shall file the document with the court.
12. L. The parents, any foster parents of the child, the child's attorney and the guardian ad litem of the child, if any, shall be each provided a copy of the treatment and service plan approved by the court.

Laws 1981, HB 1231, c. 289, § 2, eff. October 1, 1981; Amended by Laws 1983, HB 1228, c. 113, § 1, eff. November 1, 1983; Amended by Laws 1989, HB 1171, c. 213, § 1, emerg. eff. May 9, 1989; Amended by Laws 1989, HB 1114, c. 339, § 1, emerg. eff. June 2, 1989; Amended by Laws 1990, HB 1786, c. 272, § 1, eff. September 1, 1990; Amended by Laws 1991, HB 1761, c. 296, § 18, eff. September 1, 1991; Amended by Laws 1992, HB 1544, c. 298, § 26, eff. July 1, 1993; Amended by Laws 1995, HB 1978, c. 352, § 30, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1115.1 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1996, HB 2960, c. 353, § 20, eff. November 1, 1996; Amended by Laws 1997, HB 1927, c. 386, § 5, emerg. eff. June 10, 1997 (superseded document available); Amended by Laws 1997, HB 2133, c. 389, § 2, eff. November 1, 1997 (superseded document available); Amended by Laws 1998, HB 3348, c. 5, § 4, emerg. eff. March 4, 1998 (superseded document available); Amended by Laws 1998, SB 1224, c. 421, § 16, emerg. eff. June 11, 1998 (superseded document available); Amended by Laws 2000, HB 2452, c. 374, § 16, emerg. eff. July 1, 2000 (superseded document available); Amended by Laws 2002, HB 2149, c. 327, § 18, emerg. eff. July 1, 2002 (superseded document available).