340:75-1-18.1. Permanency hearings
(a) Permanency hearing. A permanency hearing is held for the child alleged or adjudicated to be deprived. State and federal law establish the requirements for permanency hearings.
(1) Per Section 1-4-810 of Title 10A of the Oklahoma Statutues (10A O.S. § 1-4-810), when a child has been in out-of-home care for 12 months or longer, the court may require the Oklahoma Department of Human Services (DHS) to facilitate a meeting, held no later than 30 calendar days prior to the permanency hearing, to discuss recommendations regarding the child's permanency plan that are reported to, and reviewed by, the court. The court may direct the assigned guardian ad litem, if any, who may be a court-appointed special advocate, a judicial case manager, or DHS to make meeting arrangements. The child's foster parents, the child's parents, or the parents' attorney, a post-adjudication review board member, the guardian ad litem appointed to the case, the child, the child's attorney, and others as appropriate are contacted to assist in the preparation of the report; however, persons determined by the court per 10A O.S. § 1-4-809 are not required to attend.
(2) The judge conducts the permanency hearing and makes determinations, per 10A O.S. § 1-4-811. DHS Child Welfare (CW) specialists provide the court with the necessary information to conduct the hearing. The initial and subsequent permanency hearings may be held earlier or more frequently at the request of a party, DHS, or the court, but initially no later than:
(A) six months from the date of the child's placement in out-of-home care and every six months thereafter; and
(B) 30 calendar days after a determination that reasonable efforts are not required to prevent the removal of the child from the home or to reunite the child with the family, and every six months thereafter. • 1 & 2
(b) Notification of hearing and right to be heard. DHS provides notice of the hearing per OAC 340:75-1-16.1.
(c) Court jurisdiction to finalize child's permanent plan. The judge presiding over the deprived case has authority to make final determination in the matter and preside over any separate action necessary to finalize a child's permanency plan, including an adoption, guardianship, or other custody proceeding per 10A O.S. § 1-4-101.
INSTRUCTIONS TO STAFF 340:75-1-18.1
(1) Oklahoma statutes.The statute regarding permanency hearings is found in Section 1-4-811of Title 10A of the Oklahoma Statutes online at www.oscn.net.
(2) Requests.The child welfare (CW) specialist requests on Form 04KI014E, Individualized Service Plan (ISP) Progress Report, in the Recommendations section, that the court set a permanency hearing no later than six months from the child's placement in out-of-home care.This recommendation is made on Form 04KI014E for any hearing held prior to the permanency hearing due date.
(3) Court orders.Within 30 calendar days after the permanency hearing, the CW specialist provides the court order to the custody specialist to ensure continuation of the child's Title IV-E eligibility.
2.Permanency report requirements.Refer to Oklahoma Administrative Code 340:75-6-40.5for permanency report requirements.