SECTION 340:75-1-22. Administrative review and procedures

(a)   Administrative review. Title IV of the Social Security Act requires that a case review, either judicial or administrative, occur at least each six months following the date of placement for each child in out-of-home care. An administrative review may not substitute for the statutorily required hearings. An administrative review is held when a case involving a child placed in out-of-home care, or a youth age 18 to 21 in voluntary placement with Oklahoma Department of Human Services (OKDHS) is not reviewed after a six-month interval by the court of jurisdiction or the post adjudication review board (PARB). Child Welfare staff is responsible for providing an administrative review in these situations. Each parent and child, when of appropriate age or ability, is given the opportunity to participate in the review.

(b)   Case review system. Section 475(6) of the Social Security Act defines the administrative review as ... a review open to the participation of the parents of the child, conducted by a panel of appropriate persons at least one of whom is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review. The case review system ensures:

(1)   each adjudicated-deprived child in OKDHS custody living in out-of-home placement has a case plan designed to achieve placement in a safe setting that is least restrictive, in close proximity to the parent(s)' home, and is consistent with the child's best interests and special needs;

(2)   the child's status is reviewed at least every six months by a court or by administrative review to determine:

(A)   the child's safety;

(B)   the continuing need for and appropriateness of the child's placement;

(C)   the extent of progress made on the case plan toward alleviating the conditions that caused the child's placement in out-of-home care; and

(D)   a likely date the child can be returned home or will obtain permanency through adoption, guardianship, or other placement, as applicable; and

(3)   procedural safeguards, such as a permanency hearing, are made available to the child and family, as required by Section 1-4-807 of Title 10-A of the Oklahoma Statutes, per OAC 340:75-1-18.1

[Source: Amended at 10 Ok Reg 3623, eff 7-12-93; Amended at 11 Ok Reg 361, eff 10-15-93 (emergency); Amended at 11 Ok Reg 2267, eff 5-26-94; Amended at 13 Ok Reg 967, eff 1-24-96 through 7-14-96 (emergency); Amended at 15 Ok Reg 189, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1661, eff 5-11-98; Amended at 18 Ok Reg 3067, eff 7-12-01; Amended at 19 Ok Reg 2208, eff 6-27-02; 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 30 Ok Reg 839, eff 7-1-13]