1. A. In making placements in foster care, the Department of Human Services, the Department of Juvenile Justice and any child-placing agency shall, if possible, arrange for a preplacement visit for any child five (5) years of age or older with the persons who will be providing foster care. Persons involved in the preplacement visits should make every effort to discuss with the child how the care, supervision, and guidance, including, but not limited to, parental substitute authority, shall be received.

2. B. If a child placed in the custody of a child-placing agency or in the custody of a state agency by the court has resided with a foster parent for three (3) or more months:

   1. 1. Except in an emergency, the state agency or child-placing agency shall:

      1. a. give a minimum of five (5) days' advance notice to the foster care family before removing a child from such family's care, and
      2. b. at the time of such notification, provide the foster family with a written statement of the reasons for removing a child; and
   2. 2. The foster parent shall be entitled to submit to the court written reports or present testimony concerning the strengths, needs, behavior, important experiences, and relationships of the child, in addition to such other information the court may request.
3. C. When a child, under the jurisdiction of a court pursuant to the Oklahoma Children's Code, is placed in the custody of the Department of Human Services, or a child, under the jurisdiction of a court pursuant to the Juvenile Justice Code is placed in the custody of the Department of Juvenile Justice, or is placed in the custody of any child-placing agency, the state agency or child-placing agency shall have discretion to determine an appropriate foster placement for the child. Except as provided in this section, the state agency or child-placing agency may remove a child in its custody from a foster placement whenever the state agency or child-placing agency determines that removal is in the best interests of the deprived child, or the delinquent child or the child in need of supervision, consistent with the state's interest in the protection of the public.

4. D.

   1. 1. In order to promote stability for foster children and limit repeated movement of such children from one foster placement to another, the state agency or child-placing agency, except as otherwise provided by this subsection, shall not change the foster home placement of a child without the approval of the court in the following circumstances:

      1. a. the child has been moved once since the last court hearing, as provided in Section 7003-5.4a of this title, and
      2. b. a foster parent with whom the child has resided for more than six (6) months objects, in writing pursuant to the provisions of this subsection, after notice of the removal of the child by the state agency or the child-placing agency.
   2. 2. The objection shall be filed with the court by the foster parent and served on the state agency or child-placing agency within five (5) days after receipt of the notice from the state agency or child-placing agency regarding removal of the child. The court shall provide for notice to other parties in the case.

   3. 3. Timely filing and service of the objection shall stay removal of the child pending review of the court unless the state agency's or child-placing agency's stated reason for removal is:

      1. a. substantial noncompliance by the foster parent with applicable foster family home standards and agreements,
      2. b. pending investigation of allegations of abuse or neglect of the child by a foster parent or other person residing in the foster family home, or
      3. c. reunification with a parent that contributed to the child being deprived, with the prior approval of the court.
   4. 4. The court shall conduct a hearing within fifteen (15) working days on any objection filed pursuant to this section. The court may order that the child remain in or be returned to the objecting foster parent's home if the court finds that the Department of Human Services or child-placing agency's decision to remove the child was arbitrary or was inconsistent with the child's treatment and service plan.
5. E. The Department of Human Services shall inform the court as to the reason why the foster child is being removed from the foster home. The Department of Human Services shall also inform the court as to the number of times a foster child has been moved within the foster family system.
6. F. The court, in the court record, shall explain the reasons why the removal of a foster child from the foster home is in the best interests of the foster child.
7. G. The Department of Human Services shall not remove the foster child from the foster home solely on the grounds that a foster parent has exercised substitute parental authority.

Laws 1996, HB 2960, c. 353, § 8, eff. November 1, 1996; Amended by Laws 1997, HB 2133, c. 389, § 15, eff. November 1, 1997 (superseded document available); Amended by Laws 1997, HB 1927, c. 386, § 13, emerg. eff. June 10, 1997 (superseded document available); Amended by Laws 1998, HB 2826, c. 414, § 9, emerg. eff. June 11, 1998 (superseded document available).