Library: Policy

340:75-1-18.4. Reasonable efforts not required determination

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Revised 7-1-13

(a) At any time prior to or following the adjudicatory hearing, the court, on its own motion, or upon the motion of a party, may find that reasonable efforts to prevent the removal of a child from home or to reunite the child with the family are not required, when the court determines, per Section 1-4-809 of Title 10A of the Oklahoma Statutes, that the:

• (1) parent or legal guardian of the child who is an infant 12 months of age or younger has abandoned the child;

• (2) child's parent or legal guardian has:

  • (A) committed murder or manslaughter of any child;

  • (B) aided or abetted, attempted, conspired, or solicited to commit voluntary manslaughter of any child;

  • (C) committed a felony assault upon any child that resulted in the child receiving serious bodily injury; or

  • (D) subjected any child to aggravated circumstances including, but not limited to, heinous and shocking abuse, or heinous and shocking neglect; or

• (3) the parental rights of a parent to the child's sibling have been terminated involuntarily;

• (4) parent has been found by a court of competent jurisdiction to have committed sexual abuse against the child or another child of the parent; or

• (5) parent is required to register with a sex offender registry pursuant to Section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006, 42 U.S.C., Section 16913(a).

(b) The court conducts a permanency hearing within 30 calendar days of the court's determination that any of the conditions specified in 10A. O.S. § 1-4-809 exist.  Reasonable efforts are required to place the child in a timely manner in accordance with the permanency plan.

INSTRUCTIONS TO STAFF 340:75-1-18.4