340:75-6-44. Case planning for reasonable efforts not required or heinous and shocking judicial findings
(a) Reasonable efforts not required or heinous and shocking judicial findings.
(1) Per Section 1-4-809 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-809), 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 the child from home or to reunify the child and family are not required if the court determines, based upon a preponderance of the evidence, that the parent or legal guardian subjected any child to aggravated circumstances including, but not limited to the:
(A) parent or legal guardian, of the child, who is an infant age 12 months or younger, has abandoned the child;
(B) child's parent or legal guardian has:
(i) committed murder or manslaughter of any child;
(ii) aided or abetted, attempted, conspired, or solicited to commit voluntary manslaughter of any child;
(iii) committed a felony assault upon any child that resulted in the child receiving serious bodily injury; or
(iv) subjected any child to aggravated circumstances including, but not limited to, heinous and shocking abuse, or heinous and shocking neglect; or
(C) parental rights of a parent to the child's sibling were involuntarily terminated.
(D) parent was convicted of a sex crime against the child or another child of the parent; or
(E) 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).
(2) A permanency hearing is conducted within 30 calendar days of a determination by the court that any of the conditions in (A) through (E) exists.
(3) Reasonable efforts are made to place the child in a timely manner in accordance with the permanency plan.
(4) Per 10A O.S. § 1-4-904, a court may terminate parental rights if a finding is made that the parent has abused or neglected the child or a sibling of the child or failed to protect the child or a sibling of the child from abuse or neglect that is heinous and shocking.
(b) Permanency planning for the case with heinous and shocking or reasonable efforts not required findings. When the district attorney files a petition or motion to terminate parental rights based on heinous and shocking abuse or neglect or the court makes a finding that reasonable efforts are not required to reunify the child and family, efforts immediately begin to secure an alternative permanent home for the child. • 1 through 4
INSTRUCTIONS TO STAFF 340:75-6-44
1.Definition of heinous and shocking abuse or neglect.Heinous and shocking abuse or neglect is defined inSection 1-1-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-105) and Oklahoma Administrative Code (OAC) 340:75-3-2.
2.(a) Continued Child Welfare Services contact with parents after reasonable efforts not required finding or motion to terminate parental rights filed.When a finding that reasonable efforts to reunify the child and family are not required or the district attorney (DA) filed a petition or motion for termination of parental rights, the child welfare (CW) specialist continues contact with the parent, per OAC 340:75-6-48.The purpose of the contacts differs from contacts where the permanency plan is reunification and primarily focuses on advising the parent of his or her rights, roles, responsibilities, and case status.
(b) Parent-child visitation.Visitation between the child and parent is considered on a case-by-case basis.Suspension or termination of visitation prior to adjudication on the motion to terminate or the permanency hearing is done only with a court order.
3.Child only individualized service plan (ISP) and ongoing assessment of child safety (AOCS) after reasonable efforts not required finding or when a motion to terminate parental rights is filed.An ongoing AOCS is conducted to determine the child's individual needs when a finding was made that reasonable efforts to reunify the child and family are not required or when the DA filed a petition or motion for termination of parental rights.The ISP needs are written as conditions to be met to successfully complete the child's permanency plan.
(1) The ongoing AOCS is conducted with the family to gather information to assist in appropriate permanency planning for the child.
(2) An ISP for the parent or legal guardian is not developed when the child's permanency plan goal is other than reunification.
(3) Form 04AN347E, Medical and Social History Report for Adoption, is completed to obtain the medical, health, and social history of the child and the child's family for the permanent record.
4.Relative placement when severe maltreatment is alleged or adjudicated.Relative placements are used with caution in cases of severe maltreatment.The risk of parental contact jeopardizing the child's safety throughout childhood and the possibility of a history of abuse within the family structure is carefully examined.
(1) The CW specialist carefully weighs the child's need for connection with his or her biological family and for a committed, safe, and healthy home.
(2) The child's age is a factor when making placement decisions.For example, an older child who has a close bond with a relative may benefit from relative placement, while a younger child, particularly an infant, may be better served in a non-relative adoptive home.