Okla. Stat. tit. 10A, § 1-4-806
Trial Reunification - Duties of Department of Human Services - Termination
Effective May 21, 2009Laws 1998, HB 2905, c. 416, § 5, eff. November 1, 1998; Amended by Laws 2004, SB 1340, c. 452, § 1, eff. November 1, 2004 (superseded document available); Amended by Laws 2009, HB 2028, c. 233, § 39, emerg. eff. May 21, 2009 (superseded document available); Renumbered from 10 O.S. § 7003-5.5a by Laws 2009, HB 2028, c. 233, § 252, emerg. eff. May 21, 2009.
- A. The court may order a trial home reunification by returning the child to the care of the parent or legal guardian from whom the child was removed for a period not to exceed six (6) months.
B. During the period of the trial home reunification, the Department of Human Services shall:
- 1. Continue to have legal custody of the child, thereby permitting the Department to visit the child in the home of the parent, at school, in a child care facility, or any other setting the Department deems necessary and appropriate;
- 2. Continue to provide appropriate services to both the parent, if eligible, and the child during the period of the trial home reunification;
- 3. Terminate the trial home reunification, without court order or authorization, in order to protect the child’s health, safety, or welfare and remove the child to foster care;
- 4. Advise the court and parties within three (3) judicial days of the termination of the trial home reunification when a visit is terminated by the Department without a court order; and
- 5. Prepare a report for the court when the trial home reunification is terminated whether by the Department or court order which describes the circumstances of the child during the trial home reunification and recommends appropriate orders, if any, for the court to enter to provide for the safety and stability of the child.
- C. In the event a trial home reunification is terminated by the Department by removing the child to foster care without prior court order or authorization, the court shall conduct a hearing within fifteen (15) days of receiving notice of the termination of the trial home reunification by the Department and shall determine whether a continuation of the child in the child’s home or with the child’s caretaker is contrary to the welfare of the child and whether reasonable efforts were made to prevent the removal of the child from the trial home reunification.
Laws 1998, HB 2905, c. 416, § 5, eff. November 1, 1998; Amended by Laws 2004, SB 1340, c. 452, § 1, eff. November 1, 2004 (superseded document available); Amended by Laws 2009, HB 2028, c. 233, § 39, emerg. eff. May 21, 2009 (superseded document available); Renumbered from 10 O.S. § 7003-5.5a by Laws 2009, HB 2028, c. 233, § 252, emerg. eff. May 21, 2009.