340:75-19-20. Special procedures for placement of the Indian child in Oklahoma Department of Human Services (DHS) custody in a tribal-certified foster home or residential placement
(a) Placement of the Indian child in DHS custody in tribal-certified foster home.The Indian child in DHS custody may be placed in a tribal-certified foster home with permission of the applicable tribal child welfare program.
(b)Placement of the Indian child in DHS custody in residential placement. Section 1915 of Title 25 of the United States Code provides as a last placement preference for the Indian child in foster care or pre-adoptive placement who is in DHS custody, placement in an institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs.
1.Placement of the Indian child in a tribal-certified foster home.
(1) The child's eligibility for services when placed in a tribal-certified foster home is the same as if the child were placed in an Oklahoma Department of Human Service (DHS) foster home.
(2) DHS does not place the Indian child in a tribal-certified foster home without the permission of the tribe and provides the tribe a copy of Form 04FC011E, Placement Agreement for Out-of-Home Care.
(3) When locating an appropriate placement for the child, the child welfare (CW) specialist:
(A) has primary responsibility for the provision of services for the Indian child in DHS custody per Oklahoma Administrative Code (OAC) OAC 340:75-6;
(B) coordinates placement efforts with the child's tribe.
(i) The first order of placement preference is the child's extended family.
(ii) When extended family is not available for placement, the CW specialist inquires about available tribal-certified foster homes.
(iii) Decisions regarding placement of the child in DHS custody is a joint effort between the child's tribe and the CW specialist; however, DHS bears the responsibility for the child's placement;
(C) staffs the child's placement needs with the Indian child welfare (ICW) worker to locate an appropriate placement;
(D) contacts the tribal-certified foster home assigned Child Welfare Services (CWS) tribal program staff to review the identified tribal foster home file to determine if the tribal-certified foster home meets the Indian child's needs;
(E) before placing a DHS custody child in a tribal-certified foster home, checks the DHS Child Abuse and Neglect Information System or KIDS and the Information Management System for information regarding the tribal foster family;
(F) when a proposed placement cannot meet the child's needs, such as, but not limited to, reunification, the CW specialist discusses the reason with the ICW worker and documents the reason for declining the placement in the KIDS case.The CW specialist asks the ICW worker to assist with locating another placement; and
(G) when the proposed placement can meet the child's needs, places the child in the tribal-certified foster home and provides the same information to the tribal-certified foster home as is required to be provided to a DHS foster family per OAC 340:75-6-40.2.When the proposed placement is located in a different district, the CW specialist assigned to the child:
(i) contacts the CWS tribal program staff assigned to the identified tribal-certified foster home prior to the placement of the child into the tribal-certified foster home and inquires whether there are concerns regarding the tribal-certified foster home considered for placement of the child in DHS custody;
(ii) arranges for the provision of services for the tribal-certified foster home;
(iii) continues to visit the child as required per OAC 340:75-6-48; and
(iv) coordinates and communicates with the ICW worker to ensure the tribal-certified foster home and child receive needed services.
2.Removal of Indian child in DHS custody from the tribal-certified foster home.When the state court orders removal of or DHS decides it is in the best interests to remove the child in DHS custody from the tribal-certified foster home, the ICW worker, DHS tribal program staff, and the foster parents are notified immediately.Refer to OAC 340:75-6-86 for required notifications associated with the change in the child's placement.
(1) The tribe assists with the removal of the child in DHS custody placed in a tribal-certified foster home on tribal land.
(2) The child's removal is coordinated between the ICW worker and the CW specialist.
(3) Conflicts between the tribe and DHS are referred to the CW supervisor, who may refer the issue to the Child Welfare Services (CWS) tribal program manager or staff designee.
3.Placement of the Indian child in DHS custody in residential placement.
(1) Before an Indian child in DHS custody is placed into residential placement, all other preferable placement options are explored and documented.Placement in a residential facility is considered when:
(A) other preferable placements are unavailable;
(B) the residential placement has a program suitable to the child's needs; and
(C) the facility entered into a placement agreement with DHS.
(2) Unless a good cause finding is made by the court, the CW specialist continues to seek a placement of a higher preference and moves the child when a higher preference placement is appropriate and available to meet the child's needs.
4.Procedures for placement of the Indian child in DHS custody into residential placement.The CW specialist searches the KIDS system to determine if the proposed residential placement is a resource.
(1) Resource on KIDS.When the resource is on the KIDS system, the CW specialist updates information in the child's KIDS case record to ensure Form 04KI010E, Placement Worksheet, is accurate and complete.
(A) The CW specialist makes the request for placement on the Placement Recommendation screen and documents the attempts to comply with the placement preferences of the Indian Child Welfare Act on the Placement Recommendation screen.
(B) The CW supervisor reviews the placement request and Form 04KI010E for accuracy and completion of information about the Indian child and approves the placement request.
(C) DHS tribal program staff checks the Resource Unit Inbox daily for placement requests.The CW specialist contacts the DHS tribal program staff by telephone or email to advise of the request.
(2) Resource not on KIDS.When the resource is not on the KIDS system, the CW specialist contacts DHS tribal program staff.DHS tribal program staff contacts the facility to discuss the facility's willingness to enter into a placement agreement and the terms of the placement agreement.
(3) Approval of resource.The child may be placed in a residential facility when:
(A) there is an approved placement agreement with the facility;
(B) the facility is listed as a tribal residential resource; and
(C) the placement request is approved by DHS tribal program staff.