340:75-6-45. Case planning for incarcerated parents
(a) Service planning for the incarcerated parent. When the child's parent is incarcerated, services and visitation, when appropriate, are attempted through the correctional system. • 1 & 2
(b) Termination of parental rights due to the parent's incarceration. Section 1-4-904 of Title 10A of the Oklahoma Statutes provides that the parental rights of an incarcerated parent can be terminated due to the incarceration and if the continuation of parental rights would result in harm to the child based on consideration of certain factors outlined in statute. • 3
INSTRUCTIONS TO STAFF 340:75-6-45
1.(a) Contact with incarcerated parents.When a child in Oklahoma Human Services (OKDHS) custody has an incarcerated parent, the child welfare (CW) specialist in the county of jurisdiction has phone or face-to-face contact with the parent no later than 30-calendar days from the child's removal.
(1) Contact with the incarcerated parent is arranged through the parent's correctional case manager.
(2) When the name of the assigned correctional case manager is unknown, the CW specialist contacts the records division at the correctional facility.
(b) Assessing the incarcerated parent.The CW specialist in the county of jurisdiction completes Form04KI030E, Assessment of Child Safety, with the incarcerated parent within the time required, per Oklahoma Administrative Code (OAC) 340:75-6-40.3.
(1) When the parent is incarcerated in a county other than the county of jurisdiction, the assessment may be completed by phone.
(2) The CW specialist requests a copy of the parent's assessment completed upon admission to the correctional system and files the correctional assessment in the paper case record.
(c) Service planning for the incarcerated parent.The CW specialist in the county of jurisdiction contacts the parent's correctional case manager and inquires as to the availability, type, and frequency of treatment services available to the incarcerated parent.
(1) When the correctional facility provides treatment services that relate to CW involvement, a copy of Form 04KI030E, Assessment of Child Safety, and Form 04KI012E, Individualized Service Plan (ISP), are forwarded to the correctional case manager.
(2) The CW specialist makes arrangements with the correctional case manager to receive periodic progress reports from the correctional facility to update the appropriate OKDHS forms.
(3) The reports received from the correctional facility are filed in the OKDHS case record.
(d) Incarcerated parent and child visitation.Ongoing visitation with the incarcerated parent depends on the case plan goal and is coordinated with the correctional case manager.The CW specialist:
(1) determines if visitation with the incarcerated parent occurred prior to the child's placement in OKDHS custody, the frequency of visitation, and the child's preference to establish an appropriate visitation schedule; and
(2) is encouraged to use relatives to assist in facilitating visitation between the child and the incarcerated parent.
(e) Exceptions to incarcerated parent and child contact and visitation.
(1) Appropriate exceptions to the incarcerated parent and child contact and visitation requirements include, when the:
(A) parent is incarcerated for a capital offense;
(B) parent has had no contact with the child and the child does not wish to have contact; and
(C) length of the parent's incarceration is expected to surpass the child's age of majority date.
(2) Exceptions to the parent-child contact and visitation requirements are made on a case-by-case basis.The CW specialist:
(A) requests approval for a contact exception from the CW supervisor; and
(B) when the CW supervisor determines an exception applies, enters an explanation into the KIDS Contacts screen.
2.Parent on probation or parole.Contact is initiated and maintained during the deprived action with the parent's probation or parole officer who can provide information relating to:
(1) the parent's compliance with probation or parole requirements; or
(2) new or existing criminal charges that could affect the child's safety.
3.Consideration of termination of parental rights due to incarceration.The incarceration of a parent is not in and of itself sufficient to deprive a parent of parental rights.When the court determines a parent is incarcerated, the court determines whether the continuation of parental rights will result in harm to the child based on factors outlined in OAC 340:75-6-40.7 and Section 1-4-904 of Title 10A of the Oklahoma Statutes.