1. A. Pursuant to the provisions of Section 7003-5.5 of this title, every disposition order regarding a child adjudicated to be deprived shall be reviewed by the court at a hearing at least once every six (6) months until such time as:

   1. 1. The conditions which caused the child to be adjudicated have been corrected;
   2. 2. The parental rights of the parent are terminated and a final adoption decreed or the child is placed with a suitable custodian or kinship guardian; or
   3. 3. Until the court otherwise terminates jurisdiction.
2. B. The provisions of this section shall also apply to a child who has been removed from the home of the parent or parents, legal guardian or custodian of the child after the child has been returned to that home.
3. C. The court may set a case for a review hearing upon the motion of a party at any time, if the hearing is deemed by the court to be for the health , safety or welfare of the child and in the best interests of the child.
4. D. In addition to the parties, adequate prior written notice of review hearings, as determined by the Department pursuant to rules promulgated by the Commission for Human Services, shall be provided by the Department to the current foster parents and an opportunity to be heard at such hearings shall be provided by the court to the current foster parent of a child, the child's guardian ad litem, and to any preadoptive parent or relative providing care for the child. Such notice and opportunity to be heard shall not be construed as requiring any foster parent, preadoptive parent or relative to be made a party to such deprived proceedings if not currently a party to the action.
5. E. The court shall receive all evidence helpful in deciding the issues before the court, including, but not limited to, oral and written reports, which may be admitted and relied upon to the extent of their probative value, even though not competent for purposes of an adjudicatory hearing.

6. F. At each review hearing, the court shall:

   1. 1. Determine whether:

      1. a. the child should be returned to the child's parent or placed with willing and suitable kinship relations. Before a return to the child's parent is ordered, the court must find that the parties:

         1. (1) have complied with, performed, and completed the terms and conditions of the individual treatment and service plan which are essential and fundamental to the health, safety or welfare of the child as determined by the court,
         2. (2) have corrected those conditions which caused the child to be adjudicated and which the court determines to be essential and fundamental to the health, safety or welfare of the child,
         3. (3) have made marked progress towards reunification with the child, and
         4. (4) have maintained a close and positive relationship with the child.

      2. b. the child should continue in out-of-home placement for a specified period. The court shall project a likely date by which the child may be:

         1. (1) returned to and safely maintained in the home ,
         2. (2) placed with a willing and suitable guardian or custodian, or
         3. (3) placed for adoption, or other permanent arrangement,
      3. c. the rights of the parent of the child should be terminated and the child placed for adoption, placed with a guardian, custodian or provided with another permanent arrangement, or
      4. d. the child, because of exceptional circumstances, should remain in long-term out-of-home placement as a permanent plan or with a goal of independent living;

   2. 2. Make a determination:

      1. a. as to whether reasonable efforts have been made to provide for the safe return of the child to the child's own home. In determining reasonable efforts, the child's health , safety or welfare shall be the paramount concern. If the court determines or has previously determined that reasonable efforts are not required pursuant to the provisions of Section 7003-4.6 of this title or that continuation of reasonable efforts to reunite the child with the child's family is inconsistent with the permanency plan for the child, the court shall determine if reasonable efforts are being made to place the child in a timely manner in accordance with the permanency plan and to complete steps necessary to finalize permanent placement for the child, and
      2. b. where appropriate, when the child is sixteen (16) years of age or older, whether services are being provided that will assist the child in making the transition from foster care to independent living; and
   3. 3. Determine the safety of the child and consider fully all relevant prior and current information including, but not limited to, the report or reports submitted pursuant to Sections 7208 and 7003-5.6a of this title;
   4. 4. Inquire as to the nature and extent of services being provided the child and parent or parents of the child and shall direct additional services be provided if necessary to ensure the safety of the child and to protect the child from further physical, mental, or emotional harm or to correct the conditions that led to the adjudication; and
   5. 5. Order such modification to the existing individual treatment and service plan as the court determines to be in the best interests of the child and necessary for the correction of the conditions that led to the adjudication of the child.

Laws 1981, HB 1231, c. 289, § 1, eff. October 1, 1981; Amended by Laws 1983, HB 1228, c. 113, § 2, eff. November 1, 1983; Amended by Laws 1989, HB 1039, c. 126, § 1, emerg. eff. May 1, 1989; Amedned by Laws 1990, HB 1786, c. 272, § 3, eff. September 1, 1990; Amended by Laws 1991, HB 2050, c. 296, § 19, eff. September 1, 1991; Amended by Laws 1992, HB 1544, c. 298, § 28, eff. July 1, 1993; Amended by Laws 1992, HB 2500, c. 373, § 3, emerg. eff. July 1, 1992; Amended by Laws 1992, HB 1735, c. 299, § 10 (repealed by Laws 1992, HB 2500, c. 373, § 22, emerg. eff. July 1, 1992); Amended by Laws 1994, HB 2640, c. 290, § 42, eff. July 1, 1994; Amended by Laws 1995, HB 1978, c. 352, § 33, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1116.1 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1996, HB 2960, c. 353, § 23, eff. November 1, 1996; Amended by Laws 1997, HB 2133, c. 389, § 6, eff. November 1, 1997 (superseded document available); Amended by Laws 1998, SB 1224, c. 421, § 19, emerg. eff. June 11, 1998 (superseded document available); Amended by Laws 2000, HB 2452, c. 374, § 19, emerg. eff. July 1, 2000 (superseded document available).