1. A.

   1. 1. Except as otherwise provided by law, the Department of Human Services or the Department of Juvenile Justice shall not place a child in out-of-home placement unless a criminal background investigation has been completed as required by the Oklahoma Child Care Facilities Licensing Act.
   2. 2. The Department of Human Services, pursuant to Section 7003-5.3 of Title 10 of the Oklahoma Statutes, and the Department of Juvenile Justice, pursuant to Section 7303-5.2 of Title 10 of the Oklahoma Statutes, shall conduct an assessment of each child in its custody which shall be designed to establish an appropriate treatment and service plan for the child.

2. B.

   1. 1. A child-placing agency may place a child who is in the custody of the agency in out-of-home placement provided a criminal background investigation has been completed for each individual required to be investigated pursuant to the Oklahoma Child Care Facilities Licensing Act.
   2. 2. In addition, a satisfactory assessment of the out-of-home placement shall be conducted by the child-placing agency prior to foster placement.

3. C.

   1. 1. Whenever a court awards custody of a child to an individual or a child-placing agency other than the Department of Human Services or the Department of Juvenile Justice, the court shall:

      1. a. when custody is placed with an individual, require that a home study and a criminal history investigation be conducted of the foster parents prior to placement of the child, and
      2. b. if custody is awarded to a child-placing agency, require that the home study or placement study and criminal history investigation be conducted as otherwise required by the Oklahoma Child Care Facilities Licensing Act.
   2. 2. Within thirty (30) days of placement, the court shall provide for an assessment of the child for the purpose of establishing an appropriate treatment and service plan for the child. The court shall require the treatment and service plan to be completed in substantially the same form and with the same content as required by the Oklahoma Children's Code for a deprived child or as required by the Juvenile Justice Code for a delinquent child or a child in need of supervision.
   3. 3. The child shall receive a complete medical examination within thirty (30) days of initial placement unless a medical examination was conducted on the child upon the removal of the child and the court finds no need for an additional examination.
   4. 4. The child may receive such further diagnosis and evaluation as necessary as determined by the court to preserve the physical and mental well-being of the child.

4. D.

   1. 1. When the court awards custody of a child to an individual or a child-placing agency as provided by this subsection, the individual or child-placing agency shall be responsible for the completion of and costs of the home study, criminal history investigation, preparation of a treatment and service plan, and the medical examination required by this subsection.
   2. 2. The Department of Human Services and the Department of Juvenile Justice shall be responsible for the completion of and costs of the home study, criminal history investigation, preparation of a treatment and service plan, and the medical examination required by this subsection only for the children placed in the custody of the state agency. The state agency may provide for reimbursement of such expenses, costs and charges so incurred pursuant to the Oklahoma Children's Code and the Juvenile Justice Code, as applicable.

5. E.

   1. 1. Upon any voluntary out-of-home placement of a child by a parent into foster care with a child-placing agency, the child-placing agency shall conduct an assessment of the child in its custody which shall be designed to establish an appropriate plan for placement of the child. Following the assessment, the child-placing agency shall establish an individual treatment and service plan for the child. A copy of each plan shall be provided to the child if the child is twelve (12) years of age or older and to the child's parent or guardian. The plan shall at a minimum:

      1. a. be specific,
      2. b. be in writing,
      3. c. be prepared by the agency in conference with the child's parents,
      4. d. state appropriate deadlines,
      5. e. state specific goals for the treatment of the child,
      6. f. describe the conditions or circumstances causing the child to be placed in foster care,
      7. g. describe the services that are necessary to remedy and that have a reasonable expectation of remedying the conditions or circumstances causing the child to be placed in foster care,
      8. h. state to whom the services will be delivered and who will deliver the services, and
      9. i. prescribe the time the services are expected to begin and the time within which expected results can reasonably be accomplished.
   2. 2. The child shall receive a complete medical examination within thirty (30) days of placement in foster care.
6. F. The child may receive such further diagnosis and evaluation as is necessary to preserve the physical and mental well-being of the child.
7. G. Subsequent to initial placement, the child placed in foster placement shall have a medical examination, at periodic intervals, but not less than once each year.
8. H. Prior to any proposed counseling, testing or other treatment services, the court or child-placing agency shall first determine that the proposed services are necessary and appropriate.

9. I.

   1. 1. If the assessment and medical examination disclose no physical, mental or emotional reasons for therapeutic foster care, a child voluntarily placed with a child-placing agency shall be placed in a regular foster home. If therapeutic foster care is required, the child may be placed only in foster homes that are certified as therapeutic foster care homes pursuant to the Oklahoma Child Care Facilities Licensing Act.
   2. 2. No child shall be eligible for any reimbursement through the state Medicaid program for placement in therapeutic foster care unless such placement has been reviewed and approved pursuant to rules regarding medical necessity for therapeutic foster care placement promulgated by the Oklahoma Health Care Authority Board.

Laws 1996, HB 2960, c. 353, § 9, eff. November 1, 1996.