SECTION 340:75-1-18.1. Permanency hearings

(a)   Permanency hearing. A permanency hearing is held for the child alleged or adjudicated to be deprived. State and federal law establish the requirements for permanency hearings.

(1)   Per Section 1-4-810 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-810), when a child has been in out-of-home care for 12 months or longer, the court may require the Oklahoma Department of Human Services (DHS) to facilitate a meeting, held no later than 30 calendar days prior to the permanency hearing, to discuss recommendations regarding the child's permanency plan that are reported to, and reviewed by, the court. The court may direct the assigned guardian ad litem, if any, who may be a court-appointed special advocate, a judicial case manager, or DHS to make meeting arrangements. The child's foster parents, the child's parents, or the parents' attorney, a post-adjudication review board member, the guardian ad litem appointed to the case, the child, the child's attorney, and others as appropriate are contacted to assist in the preparation of the report.

(2)   The judge conducts the permanency hearing and makes determinations, per 10A O.S. § 1-4-811. DHS Child Welfare (CW) specialists provide the court with the necessary information to conduct the hearing. The initial and subsequent permanency hearings may be held earlier or more frequently at the request of a party, DHS, or the court, but initially no later than:

(A)   six months from the date of the child's placement in out-of-home care and every six months thereafter; and

(B)   30 calendar days after a determination that reasonable efforts are not required to reunite the child with the family, and every six months thereafter.

(b)   Notification of hearing and right to be heard. DHS provides notice of the hearing per OAC 340:75-1-16.1.

(c)   Court jurisdiction to finalize child's permanent plan. The judge presiding over the deprived case has authority to make final determination in the matter and preside over any separate action necessary to finalize a child's permanency plan, including an adoption, guardianship, or other custody proceeding per 10A O.S. § 1-4-101.

[Source: Added at 16 Ok Reg 102, eff 10-13-98 (preemptive); Amended at 17 Ok Reg 92, eff 10-1-99 (emergency); Amended at 17 Ok Reg 1311, eff 5-11-00; Amended at 18 Ok Reg 393, eff 12-8-00 (emergency); Amended at 18 Ok Reg 2128, eff 6-11-01; Amended at 19 Ok Reg 2208, eff 6-27-02; Amended at 20 Ok Reg 90, eff 10-16-02 (emergency); Amended at 20 Ok Reg 2066, eff 6-26-03; Amended at 21 Ok Reg 871, eff 4-26-04; Amended at 22 Ok Reg 339, eff 12-7-04 (emergency); Amended at 22 Ok Reg 840, eff 5-12-05; Amended at 24 Ok Reg 1044, eff 6-1-07; Amended at 25 Ok Reg 269, eff 11-1-07 (emergency); Amended at 25 Ok Reg 970, eff 5-15-08; Amended at 26 Ok Reg 884, eff 5-15-09; Amended at 27 Ok Reg 1092, eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10; Amended at 30 Ok Reg 839, eff 7-1-13; Amended at 32 Ok Reg 296, eff 11-17-14 (emergency); Amended at 32 Ok Reg 1904, eff 9-15-15]