SECTION 340:75-6-85.2. Diligent search for relatives and kin

(a)   Placement preference. When the Oklahoma Department of Human Services (DHS) determines placement with the noncustodial parent is not in the child's best interests, preference, per Section 1-7-106 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-7-106), is given to relatives and persons who have a kinship relationship with the child, who are determined suitable, capable, and willing to serve as the child's caretakers.

(1)   DHS reports to the court what diligent efforts were made to secure the placement, per 10A O.S. § 1-4-204.

(2)   In cases where the Indian Child Welfare Act (ICWA) applies to the child, placement preferences, per 10 O.S. § 40.6; or the child's tribe-specific order, per the Federal Indian Child Welfare Act (FICWA), Section 1915 (c) of Title 25 of the United States Code (25 U.S.C. § 1915 (c)), are followed.

(3)   DHS verifies ICWA applicability within three months of taking the child into custody.

(b)   Due diligence to identify and notify relatives. Within 30-calendar days of the removal of a child, DHS exercises due diligence to identify the child's relatives, per 10A O.S. § 1-4-203. DHS completes a nationwide relative search within three months of taking the child into custody. Notice is provided by DHS to each grandparent, other adult relatives of the child, and parents of the child's siblings, per 42 U.S.C. § 671(a)(29). Relatives are not notified when notification is not in the child's best interests due to past or current family or domestic violence. The notice advises the relative:

(1)   the child was or is being removed from the custody of the child's parent or parents;

(2)   of the options under applicable law to participate in the child's care and placement, including any options that may be lost by failing to respond to the notice; and

(3)   of the requirements to become a foster family parent and the additional services and supports available for children placed in the home.

(c)   Efforts required for children 16 years of age and older with a planned alternative permanent living arrangement placement.

(1)   Per 10A O.S. § 1-4-811, DHS documents and presents compelling reasons to the court at each permanency hearing of the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made to:

(A)   return the child home; or

(B)   place the child with a fit and willing relative, including adult siblings, a legal guardian, or an adoptive parent; and

(C)   find biological family members for the child utilizing search technology, including social media.

(2)   DHS documents at each permanency hearing the steps taken, including inquiry of the child in an age-appropriate manner, to ensure the:

(A)   foster family home of the child or facility where the child is placed uses the reasonable and prudent parent standard; and

(B)   child has regular, ongoing opportunities to engage in age-appropriate or developmentally-appropriate activities.

(3)   When a planned alternative permanent placement is the court-ordered permanency plan for the child, at each permanency hearing the court:

(A)   may ask the child about the permanency outcome the child desires; and

(B)   makes a judicial determination as of the date of the hearing, why a planned alternative permanent placement is the best permanency plan for the child and provides compelling reasons why it continues to not be in the child's best interests to return home, be placed for adoption with a legal guardian, or placed with a fit and willing relative.

[Source: Added at 18 Ok Reg 3067, eff 7-12-01; Amended at 24 Ok Reg 1044, eff 6-1-07; Amended at 27 Ok Reg 1092, eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10; Amended at 29 Ok Reg 635, eff 6-1-12; Amended at 30 Ok Reg 839, eff 7-1-13; Amended at 33 Ok Reg 477, eff 2-29-16 (emergency); Amended at 34 Ok Reg 1550, eff 9-15-17; Amended at 37 Ok Reg 1850, eff 9-15-20]