Okla. Stat. tit. 10A, § 1-4-807
Periodic Review Hearings - Review of Case Regarding Child Alleged or Adjudicated to be Deprived - Notice to Foster Parent, Preadoptive Parent, or Relative - Findings
Effective Nov 1, 1997Laws 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; Amended 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 July 1, 1992; Amended by Laws 1992, HB 1735, c. 299, § 10 (repealed by Laws 1992, HB 2500, c. 373, § 22, emerg.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 November 1, 1997 (superseded document available).
A.
- 1. Every disposition order regarding a child adjudicated to be deprived shall be reviewed by the court at least once every six (6) months until such time as the conditions which caused the child to be adjudicated have been corrected or the parental rights of the parent or parents are terminated and a final adoption decreed.
- 2. A dispositional order removing a child from the custody of the parents of the child shall be reviewed at a hearing by the court at least once every six (6) months the court terminates jurisdiction.
3. No later than twelve (12) months after placing a child in out-of-home placement, the court shall conduct a permanency hearing to consider, in the best interests of the child, whether:
- a. the child should be returned to the child's parents or other family member,
- b. the child should be continued in out-of-home placement for a specified period. If returning home remains the plan for the child, the court must find that the parent has made marked progress towards reunification with the child, the parent has maintained a close and positive relationship with the child and the child is likely to return home within the near future,
- c. the rights of the parents of the child should be terminated and the child placed for adoption or legal guardianship, or
- d. the child, because of exceptional circumstances, should remain in foster care on a long-term basis as a permanent plan or with a goal of independent living.
- 4. The provisions of this section shall also apply to a child who has been removed from the home of the lawful parent or parents of the child after the child has been returned to that home until such time as the court orders the case closed.
- B. 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 in the best interests of the child.
- C. Notice of dispositional and review hearings shall be served by the court upon the parties and upon the present foster parent or foster parents entitled to participate pursuant to Section 7208 of this title, each of whom shall be entitled to participate pursuant to the Oklahoma Foster Care and Out-of-Home Placement Act.
D. In addition, the court shall:
- 1. 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;
- 2. Determine whether the parties have complied with, performed, and completed each and every term and condition of the treatment and service plan which was previously court ordered;
- 3. 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 protect the child from further physical, mental, or emotional harm or to correct the conditions that led to the adjudication;
4. Make a determination:
- a. as to whether reasonable efforts have been made to provide for the return of the child to the child's own home. If the court finds that reasonable efforts have been made but have failed or are no longer feasible, the court shall make a determination that reasonable efforts are being made to secure an alternate permanent placement for the child, and
- 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
- 5. Order such modification to the existing service plan, as the court determines to be in the best interests of the child and necessary for the correction of the conditions that lead to the adjudication of the child.
- E. If it is determined that the child should be placed for adoption, foster parents may be considered eligible to adopt the child, provided the foster parents meet established eligibility requirements. If the child has resided with a foster parent for at least one (1) year, the court shall give great weight to the foster parent in the adoption consideration for the child unless there is an existing emotional bond with a relative of the child by blood or marriage who is willing, able and eligible to adopt 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; Amended 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).