SECTION 340:75-19-29. Voluntary foster care for the child in tribal custody younger than 18 years of age

(a)   Purpose of voluntary foster care. The Indian child may be placed in voluntary foster care with either Oklahoma Department of Human Services (DHS) or the tribe at the request of the parent or legal guardian. Voluntary foster care:

(1)   is available as a preventive and protective service to enhance family functioning without court intervention, per Oklahoma Administrative Code 340:75-4-12.1; and

(2)   may be approved for an initial period of 30-calendar days and extended up to a maximum of 90-calendar days when reunification appears likely without court intervention during that time. Court intervention is required when foster care is required beyond 90-calendar days.

(b)   Tribe's responsibilities for voluntary foster care.

(1)   When the Indian child welfare (ICW) worker places the child in voluntary foster care, the tribe obtains a written voluntary foster care agreement.

(A)   The agreement does not require court action, and the child is returned to the parent or guardian upon request. When the parent or guardian fails to meet the terms of the agreement or cannot be located, court involvement is required.

(B)   The tribe submits to DHS tribal program staff Form 04TB004E, Indian Child Welfare Program Referral, and a memo requesting approval for voluntary foster care.

(2)   The child's tribe notifies DHS tribal program staff when:

(A)   the child leaves the placement; or

(B)   court action is initiated.

(c)   Evidence gathered during the Indian child's voluntary foster care episode. The ICW worker or DHS child welfare specialist advises the parent, Indian custodian, or legal guardian at the time of the child's placement that any evidence gathered during the time the child is placed in voluntary foster care may be used as a basis for court action, per Section 1-7-112 of Title 10A of the Oklahoma Statutes.

[Source: Added at 19 Ok Reg 2209, eff 6-27-02; Amended at 23 Ok Reg 1024, eff 5-11-06; Amended at 24 Ok Reg 1044, eff 6-1-07; Amended at 30 Ok Reg 839, eff 7-1-13; Amended at 33 Ok Reg 1635, eff 9-15-16]