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. • 1 & 2
(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 10A of the Oklahoma Statutes, per OAC 340:75-1-18.1.
INSTRUCTIONS TO STAFF 340:75-1-22
1.Administrative review exception.A child born to a youth adjudicated deprived, who is in Oklahoma Human Services (OKDHS) custody is not required to have an administrative review and is considered to be in his or her own home when the child is:
(1) not a ward of the court; and
(2) in the same placement as the mother or father.
2.Administrative review procedures.The procedures in (1) through (3) are required for the completion of an administrative review.
(1) The child welfare (CW) county of jurisdiction specialist tracks the due date for judicial review or review by the post adjudication review board (PARB).When the review is due, the CW specialist confirms that the case is on the court docket or PARB schedule.A review of the dispositional order is required at least once every six months, per Section 1-4-807 of Title 10A of the Oklahoma Statutes.
(A) If the case is not scheduled for review by the court or PARB, the CW specialist contacts the court or PARB to schedule the review.When the case cannot be set for review within six months of the last review, the CW specialist informs the CW supervisor who then notifies the CW district director that an administrative review is required.The circumstance most commonly requiring a review is for a youth, 18 to 21 years of age, in voluntary foster care.
(B) The case is updated to ensure the most current information is available for review.The CW specialist updates Forms:
(i) 04KI004E, Placement Provider Information;
(ii) 04KI005E, Child's Individualized Service Plan;
(iii) 04KI028E, Assessment of Child Safety;
(iv) 04KI008E, Treatment Plan; or 04KI012E, Individualized Service Plan (ISP); and
(v) 04KI009E, Court Report; or 04KI014E, Individualized Service Plan (ISP) Progress Report, as applicable.
(2) The district director convenes a panel of three-to-five OKDHS staff to review the case.The district director selects at least one local staff member, usually the CW specialist, who is familiar with the case to participate in the review.One member of the panel must be a person outside the line of authority responsible for services to the child or family.Participation by the district director or designee is recommended.
(A) The district director schedules the administrative review within 30- calendar days of the required six-month review.
(B) When the court of jurisdiction county differs from the district where the child or family is located, the district director coordinates the participation of appropriate personnel from any other district.
(C) Each parent is sent a letter at least five-business days prior to the review and, when possible, the review is scheduled to allow for the parent's participation.Other persons involved in the case, such as placement provider, adult sibling, tribal representative, district attorney, child's attorney, parent's attorney, court-appointed special advocate, or service providers, when appropriate, are notified of the review.Efforts to ensure parental participation and the participation of others is documented in KIDS Contacts screen.
(3) The panel members review the updated forms and any other portions of the case record as appropriate.The CW county of jurisdiction specialist or supervisor briefs the panel and persons involved in the case and responds to questions.The district director or designee chairs the panel and guides the review.When necessary, time limits or other procedural requirements are used by the district director or designee to ensure the orderly and timely presentation of necessary information and opinions.
(A) The panel is responsible for:
(i) determining the child's safety and whether continued placement outside the home is necessary;
(ii) assessing the placement's appropriateness;
(iii) judging the extent of the parent's compliance with the case plan and determining the parent's progress made toward alleviating the problems that caused the child's removal and placement; and
(iv) projecting a date that the child may be returned to, and safely maintained in the home, placed for adoption, or placed under another person's legal guardianship.
(B) The district director or designee ensures that during the review, the panel obtains the information necessary to evaluate the answers to the questions in (i) through (vi).
(i) Were the child's needs identified in Form 04KI028E, and were services initiated to address those needs?
(ii) Were the family risk factors identified in Form 04KI012E, , and were services initiated to assist the parents in correcting these conditions?
(iii) Is continued out-of-home care necessary?
(iv) Are the child's needs met in the current placement?
(v) Is the parent making progress in correcting the conditions that required the child's removal from the home?
(vi) By what date might the child be returned home or other permanent plan achieved?
(C) The CW county of jurisdiction specialist documents the results of the administrative review in KIDS Contacts screen.The district director ensures the required documentation is entered into KIDS.The CW supervisor emails the Permanency Planning Section programs manager when an administrative review is completed and includes the case name and number.The appropriate CW specialist implements any corrective action or change in the plan for the child's care identified during the administrative review.