Library: Policy

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

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Revised 9-15-17

(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.Notice is provided by DHS to each grandparent, other adult relatives of the child, and parents of the child's siblings per 471(a)(29) of Title IV-E of the Social Security Act ((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 care and placement of the child, 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 or 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

(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) asks 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.

INSTRUCTIONS TO STAFF 340:75-6-85.2

Revised 9-14-24

1. (a) Relative and kinship placement consideration. When a child cannot be placed with the custodial or noncustodial parent, relative and kinship placements are considered and preferable to other types of out-of-home placements because the placements:

(1) are less restrictive;

(2) allow the child to maintain connections to kin, culture, and community. Relative and kinship placements are made only when the:

(A) placement meets required standards, per Oklahoma Administrative Code (OAC) 340:75-7-24;

(B) child's safety and well-being can be ensured;

(C) placement meets the child's treatment needs; and

(D) placement supports the permanency plan for the child and the child's family; and

(3) are consistent with the placement preferences of the Indian Child Welfare Act or the placement preferences of the child's tribe when the child is an Indian child.

(b) Diligent search for relatives and kin.

(1) Within 30-calendar days of a child's removal, Oklahoma Human Services (OKDHS) provides notice of the removal using Form 04CP006E, Letter of Notification to Adult Relatives, including all known adult relatives, but not limited to, all adult grandparents, parents of child's siblings, and other adult relatives of the child.

(2) OKDHS completes a nationwide relative search within three months of taking the child into custody.

(A) When the child welfare (CW) specialist does not have access to a nationwide public records search engine, identifying information about the mother and father of every child involved in the case is provided to a diligent search specialist to perform the nationwide search.

(B) All parents, known relatives, and verbal children are interviewed to discuss and verify which individuals identified in the nationwide search are actually related to the family.

(3) Gathering information regarding important people in the child's life. The CW specialist:

(A) engages each parent and child through intentional interviewing to identify all relatives and known kin. The identified individuals may or may not be appropriate or available for placement and any Indian tribes the parent is a member of or eligible to enroll with are included. Form 04MP015E, Important People in the Child's Life/Family Tree and a genogram are optional tools available to engage the parent and child to gather this information. The CW specialist:

(i) presumes that relative or kin placement possibilities exist even though the parent:

(I) indicates no relatives or kin are available or appropriate for placement; or

(II) is unwilling to provide information; and

(ii) gathers information from each parent regarding the parent's placement preferences. Each parent is advised that consideration is given to the preferences, but no assurances are made regarding the placement determination; and

(B) reviews the affidavit the parent completes upon the court's order at the emergency custody hearing, per OAC 340:75-1-16 and Section 1-4-203 of Title 10A of the Oklahoma Statutes;

(C) reviews tribal eligibility for Indian children, and engages with the tribe to explore connections; and

(D) determines that sufficient efforts were made to contact the relative or kin when the:

(i) CW specialist spoke with the relative or kin by phone or in person;

(ii) phone number given was disconnected and efforts to obtain a new number for the relative or kin are unsuccessful; or

(iii) letter to the relative or kin is returned undeliverable and efforts to obtain a new address for the relative or kin are unsuccessful.

(4) The CW specialist enters each parent as a client into the KIDS case and ensures that every child has a mother and father documented in the client relationship screen. Any other person is documented in the KIDS Family/Kinship Connections screen in KIDS. The specialist enters detailed information about each person including:

(A) name, address, phone numbers, relationship, and other demographic information in the Demographics tab;

(B) specific relationship in the Relationships tab;

(C) attempted and completed contacts in the Connections tab. Contacts entered in this tab populate to the case Contacts screen;

(D) the person's interest in placement or contact in the Outcomes tab;

(E) actions taken related to placement and contact in the Actions tab;

(F) efforts to locate the person in the Efforts tab; and

(G) documenting each effort to locate relatives or kin;

(i) on Form 04KI005E, Child's Individualized Service Plan (ISP);

(ii) on reports to the court, such as, but not limited to, Form 04KI014E, Individualized Service Plan (ISP) Progress Report; and

(iii) in the Contacts screen.

(c) Assessing relatives and kin for placement.

(1) The CW specialist contacts relatives in person or by phone to evaluate the relative's suitability for placement or contact with the child.

(A) A family meeting (FM) is conducted to help identify relatives and kin.

(B) The relative or kin is not determined inappropriate based solely on the relative or kin's failure to contact the CW specialist;

(2) When the relative or kin is interested, determined to have protective capacities, and appears to be suitable for placement, the CW specialist refers the relative to foster care to complete the assessment process, per OAC 340:75-7.

(3) When the relative or kin is not interested in placement or is determined to be inappropriate, the CW specialist assesses the level of involvement the relative is willing to provide and obtains information about other relatives or kin that the parent did not provide.

(4) When the relative lives out-of-state, the CW specialist pursues possible placement, per OAC 340:75-1-86, Interstate Compact on the Placement of Children.

(d) Protocol for continued diligent search efforts to locate relatives or kin. When efforts to locate an appropriate relative or kin are unsuccessful based on the information the parent provides, the diligent search continues. The CW specialist or diligent search specialist:

(1) brings a copy of Form 04MP015S, Important People in the Child's Life, to each meeting with a parent or child and engages with them to explore additional relatives or kin;

(2) reviews existing case records including, but not limited to:

(A) Child Welfare Services;

(B) Temporary Assistance for Needy Families (TANF);

(C) court;

(D) school; and

(E) Child Care Services; and

(3) uses, Form 04MP010E, Relative/Kin Computer Search, and completes a search of the:

(A) KIDS application;

(B) IMS;

(C) Juvenile Online Tracking System ; and

(D) Internet, including websites that OKDHS contracts with and the specialist can access; and

(4) requests Child Support Services assistance to locate parents of the child in OKDHS custody; and

(5) obtains location information for any relative or kin known to the child, from the age-appropriate child.

(e) Placement disruptions and concurrent planning for alternate relative or kin placement. During an FM or other contacts with relatives or kin, the CW specialist attempts to identify a minimum of three appropriate relatives or kin who may be eligible to provide placement for the child in the event of a placement disruption. When a child's placement disrupts, the CW specialist:

(1) consults with the relative or kin designated as an alternate placement for the child; and

(2) coordinates the child's transition from the disrupted home to the newly approved home.

(f) Protocol for children 16 years of age and older with a goal of planned alternative permanent placement. A goal of planned alternative permanent placement is limited to children 16 years of age and older for whom OKDHS documented and presented compelling reasons to the court at each permanency hearing regarding the intensive, ongoing and, as of the date of the hearing, unsuccessful efforts made to:

(1) return the child home;

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

(3) find biological family members for the child using search technology, including social media; and

(4) consider reinstatement of parental rights.