340:75-6-85.5. Supervision only cases
(a) The court may order, per Section 1-4-707 of Title 10A of the Oklahoma Statutes, the child placed under the Oklahoma Department of Human Services (DHS) protective supervision:
(1) in the home of the parent or legal guardian with whom the child was residing at the time the events or conditions arose that brought the child within the jurisdiction of the court; or
(2) with the noncustodial parent, when available, upon completion of a home assessment.
(b) In supervision only cases, the court may issue written orders specifying:
(1) when the noncustodial parent assumes custody, reunification services be provided to the parent or legal guardian from whom the child was or is being removed;
(2) services be provided solely to the parent who is assuming physical custody of the child to allow the parent to later obtain legal custody without court supervision;
(3) services be provided to both parents, in which case the court at a subsequent hearing, determines which parent, if either, will have custody of the child;
(4) the alleged father must cooperate with establishing paternity as a condition for the child's continued placement, when the child is ordered into the home of a father whose paternity has not been established;
(5) a person residing in the home, vacate the child's home indefinitely or for a specified period within 48 hours of the order;
(6) that the child's parent or legal guardian prevent a particular person from having contact with the child;
(7) conduct to be followed by any person living in the home that is in the child's best interests;
(8) the order placing the child under DHS supervision in the child's own home remains in effect for a one-year period with extension or reduction of the supervision period in appropriate circumstances; and
(9) when a child cannot be placed in the parent's home, placement of the child in a relative's temporary custody. • 1
INSTRUCTIONS TO STAFF 340:75-6-85.5
1. (a) Case documentation. For supervision only cases, the child welfare (CW) specialist does not enter a removal date for the child on either an in-home or out-of-home (OOH) Safety Plan. The CW specialist updates the appropriate KIDS screens and documents including Forms:
(1) Form 04KI030E, Assessment of Child Safety;
(2) Form 04KI012E, Individualized Service Plan (ISP);
(3) Form 04KI014E, Individualized Service Plan (ISP) Progress Report; and
(4) child custody screen to reflect custody disposition with the parent or other person responsible for the child (PRFC) as determined by the court; and
(5) Form 04MP078E, Family Service Agreement (FSA)/Safety Plan, per Oklahoma Administrative Code (OAC) 340:75-1-9 Instructions to Staff (ITS). Form 04MP078E:
(A) serves as the prevention plan for the child who is eligible for the Title IV-E Prevention Program when:
(i) identified as a candidate for foster care, per OAC 340:75-1-9 ITS; and
(ii) eligible, per OAC 340:75-3-120, 340:75-3-300, and 340:75-3-500; and
(B) documents the:
(i) child's Title IV-E Prevention Program eligibility;
(ii) child's foster care prevention strategy so the child may remain safely at home; live temporarily with a kin caregiver until reunification can be safely achieved; or live permanently with a kin caregiver;
(iii) Title IV-E prevention services rated and approved by the Title IV-E Prevention Services Clearinghouse and identified in the state's five-year Title IV-E Prevention Program Plan for:
(I) mental health;
(II) substance abuse; and
(III) in-home parent skill-based programs; and
(iv) continued eligibility for a child identified as a candidate for foster care, per OAC 340:75-1-9 ITS, to receive Title IV-E prevention services for additional 12-month periods, including contiguous 12-month periods, per OAC 340:75-3-300.
2. Contact requirements.
(a) Child contacts in Oklahoma Human Services (OKDHS) supervision.
(1) During the first 60-calendar days after the court grants supervision, the CW specialist evaluates the child's safety in the home by making face-to-face contact with the child and PRFC together, one or more times per week as determined by the CW supervisor.
(2) After the initial 60-calendar days, the CW specialist continues face-to-face contact at least once every other week with the child and PRFC together unless, after a supervisory conference, a need for more frequent visits is determined.
(3) The CW supervisor documents any increase in the number of visits. Contact requirements are documented in the KIDS Contacts with a purpose of "Case Staffing."
(4) The court may establish in its orders a time frame for, and the frequency of, the CW specialist's contacts. OOH supervision must be carefully addressed, keeping in mind, the court's orders.
(5) When the child is in OOH safety plan, the CW specialist has face-to-face contact with the child:
(A) in the Safety Plan caregiver's home within the first 14-calendar days the child resides in the home; and
(B) at least once every calendar month thereafter in the caregiver's home with no more than 31-calendar days between contacts.
(6) The contact with the child in the Safety Plan caregiver's home is in addition to the weekly or every other week contact the CW specialist has with the child and PRFC together.
(7) More frequent contacts are made with the child during times of change or stress.
(8) The CW specialist ensures that this section's ITS are applied, when relevant, for a child in OKDHS supervision.
(b) Parent contact. The CW specialist sees the parent, per OAC 340:75-6-48, and discusses the safety threats, Individualized Service Plan (ISP), and what needs to occur for the child to return home or for case closure.
(1) First 60-calendar days. During the first 60-calendar days after the court grants supervision, the CW specialist evaluates the child's safety in the home by making face-to-face contact with the child and PRFC together, one or more times per week as determined by the CW supervisor.
(2) After initial 60-calendar days. After the initial 60-calendar days, the CW specialist continues face-to-face contact at least once every other week with the child and PRFC together unless, after a supervisory conference, a need for more frequent visits is determined.
(3) Phone contact. Phone contact with the child's parent is allowed in place of face-to-face contact when the parent is incarcerated in a facility other than a local jail or lives out-of-state. The CW county of jurisdiction specialist is responsible for contact unless a contact exception applies.
(4) Contact exception. Refer to OAC 340:75-6-48 for circumstances indicating that a contact exception with the parent may be granted.
(5) Parent contact summary. Once a month, the CW specialist completes Form 04MP007E, including the Next Steps and Parent Input sections. Refer to OAC 340:75-6-48 for documentation guidance.
3. Out-of-home safety planning.
(a) When an OOH Safety Plan is used in a court supervision case, a determination must be made on when it is safe to change to an in-home Safety Plan using the Assessment of Child Safety. The CW specialist and supervisor consider:
(1) how manageable the remaining safety threats are;
(2) behavioral changes demonstrated by PRFC;
(3) the parent's or legal guardian's participation in and progress on the individualized service plan (ISP); and
(4) barriers to ISP successful completion and proposed solutions.
(b) When an OOH Safety Plan is established, an initial meeting may be determined beneficial or necessary. Refer to OAC 340:75-1-29.
4. Protocol when contacts cannot be made with the family. When the CW specialist's:
(1) attempted contact is unsuccessful, diligent efforts are made to locate the family and to ensure the child's safety; and
(2) attempts to locate the family are unsuccessful, refer to OAC 340:75-6-48, ITS.
5. Protocol when the family is located. Refer to OAC 340:75-6-48 ITS.
6. Permanency planning (PP). When the child is under Oklahoma Human Services (OKDHS) supervision, but is placed in the custody of a person other than a parent, legal guardian, or custodian, the CW specialist advocates for the child's permanency. Family meetings (FM) are held, per OAC 340:75-6-31.1. Subsequent FM required:
(1) when the family requires continued Title IV-E prevention services, as specified in the child's prevention plan for a child who is a candidate for foster care, per OAC 340:75-1-9 ITS, which meet the child's, parent's, or kin caregiver's needs related to the child's safety, permanency, or well-being or to prevent the child from entering foster care beyond the approved, initial six-month service period. When continued Title IV-E prevention services eligibility is determined, the CW specialist:
(A) completes a request for an Oklahoma Children's Services (OCS) extension, per OAC 340:75-1-152.5;
(B) documents continued eligibility in the child's prevention plan by completing a new Form 04MP078E;
(C) continues to evaluate the child's safety and monitor service provision, per OAC 340:75-6-48; and
(2) when Title IV-E prevention services, as specified in the child's prevention plan are provided to, or on behalf of, a child who is a candidate for foster care, per OAC 340:75-1-9 ITS, are needed beyond the approved 90-calendar day service period extension, which is limited to up to 12 months, per OAC 340:75-1-152.5. When continued Title IV-E prevention services eligibility is determined, the CW specialist:
(A) completes a request for an OCS extension, per OAC 340:75-1-152.5;
B) documents continued eligibility in the child's prevention plan, by completing a new Form 04MP078E, indicating the start of a new 12-month service period; and
(C) continues to evaluate the child's safety and monitor service provision, per OAC 340:75-6-48.
(b) Service referrals. Referrals are made to community partners to address identified service needs to assist the child, parent, or kin caregiver in correcting the behaviors and conditions that created the safety threats. Referrals for services are made promptly to facilitate behavioral changes and support timely case closure. OCS referrals may also be made to assist with service needs, per OAC 340:75-1-151. The CW specialist is responsible for determination of child safety, case management, and service provision regardless of whether the family is referred for community-based services.
(1) The CW specialist maintains an open CW case until the child is determined safe and the parent's or kin caregiver's protective capacities are sufficient for continued safety after a subsequent, updated Form 04KI030E, Assessment of Child Safety, is completed.
(2) The CW specialist collaborates with the service provider and family to ensure the services are meeting the family's needs and to identify any additional supports needed.
(3) When the family is receiving Title IV-E prevention services as specified in the child's prevention plan for a child who is a candidate for foster care, the CW case stays open until the completion of services that are directly related to the child's health, safety, and welfare which required Child Welfare Services (CWS) intervention, per OAC 340:75-1-9 ITS. When the CW case must remain open for receipt of Title IV-E prevention services, the CW specialist:
(A) continues to determine Title IV-E prevention services eligibility, per OAC 340:75-1-9 ITS;
(B) coordinates with the service provider on service provision and closure date; and
(C) provides a notice of the planned case closure to the OCS contract liaison and PP Programs when the family still receives Title IV-E prevention services prior to closing the case.
7. Protocol for case closure.
(1) When child abuse or neglect is not an issue and neither the child nor the child's custodial parent needs intervention by CWS, the CW specialist recommends to the court that OKDHS be relieved of supervision responsibilities and recommends case closure.
(2) The CW specialist recommends case closure immediately upon assessing that the child is safe without CWS involvement or a Safety Plan.
(3) When the family is receiving Title IV-E prevention services as specified in the child's prevention plan for a child who is a candidate for foster care, per OAC 340:75-1-9 ITS, the CW specialist consults with PP Programs and OCS contract liaison prior to closing the case.
8. Emergency protocol when the child is determined unsafe. At any time during CWS involvement when the child is unsafe, CWS may initiate proceedings for emergency custody to protect the child.