SECTION 340:75-1-18.4. Reasonable efforts not required determination

(a)   At any time prior to or following the adjudicatory hearing, the court, on its own motion, or upon the motion of a party, may find that reasonable efforts to prevent the removal of a child from home or to reunite the child with the family are not required, when the court determines, per Section 1-4-809 of Title 10A of the Oklahoma Statutes, that the:

(1)   parent or legal guardian of the child who is an infant 12 months of age or younger has abandoned the child;

(2)   child's parent or legal guardian has:

(A)   committed murder or manslaughter of any child;

(B)   aided or abetted, attempted, conspired, or solicited to commit voluntary manslaughter of any child;

(C)   committed a felony assault upon any child that resulted in the child receiving serious bodily injury; or

(D)   subjected any child to aggravated circumstances including, but not limited to, heinous and shocking abuse, or heinous and shocking neglect; or

(3)   the parental rights of a parent to the child's sibling have been terminated involuntarily;

(4)   parent has been found by a court of competent jurisdiction to have committed sexual abuse against the child or another child of the parent; or

(5)   parent is required to register with a sex offender registry pursuant to Section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006, 42 U.S.C., Section 16913(a).

(b)   The court conducts a permanency hearing within 30 calendar days of the court's determination that any of the conditions specified in 10A O.S. § 1-4-809 exist. Reasonable efforts are required to place the child in a timely manner in accordance with the permanency plan.

[Source: Added at 18 Ok Reg 393, eff 12-8-00 (emergency); Added at 18 Ok Reg 3067, eff 7-12-01; Amended at 18 Ok Reg 3480, eff 7-25-01 (emergency); Amended at 19 Ok Reg 2208, eff 6-27-02; 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]