340:75-6-40.4. Individualized Service Plan (ISP)
(a) Written ISP requirement.Form 04KI012E, Individualized Service Plan (ISP), and Form 04KI013E, Individualized Service Plan (ISP) Dispositional Report, are components of the case plan.Per Section 1-4-704 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-704), the Oklahoma Department of Human Services (DHS):
(1) prepares and maintains a written ISP for the child who is adjudicated deprived;
(2) furnishes the plan to the court within 30-calendar days after the adjudication; and
(3) makes a copy of the ISP available to each party to the case including any applicable tribe or court-appointed special advocate.
(b) ISP preparation, content, disputes, and modifications.Per 10A O.S. § 1-4-704, the ISP is based upon a comprehensive assessment and evaluation of the child and family and is developed with the participation of the child, when appropriate, and the child's parent, legal guardian, legal custodian, attorney, guardian ad litem, and tribe, when applicable.The health and safety of the child is the paramount concern in the ISP development.
(1) When any part of the ISP is disputed or not approved by the court, an evidentiary hearing may be held and the court determines the content of the ISP in accord with the evidence presented and in the best interests of the child.
(2) The ISP is signed by:
(A) the child's parent or parents or legal guardian;
(B) the attorney for the child's parent or parents or legal guardian;
(C) the child's attorney;
(D) the child's guardian ad litem, when any, that may be a court-appointed special advocate;
(E) a representative of the child's tribe;
(F) the child, when possible; and
(3) Each ISP is individualized and specific to each child and the child's family.
(4) The ISP is written in simple and clear English.When English is not the principal language of the child's parent, legal guardian, or custodian, and the person is unable to read or comprehend the English language, the ISP is written, to the extent possible, in the person's principal language.
(5) The ISP may be modified based on changing circumstances consistent with the correction of the conditions that led to the child's adjudication or other conditions inconsistent with the child's health, safety, or welfare.
(6) The ISP is measurable, realistic, and consistent with other court-ordered requirements.
(c) ISP content for the parent or legal guardian.Per 10A O.S. § 1-4-704, the ISP for the parent or legal guardian includes, but is not limited to:
(1) a history of the child and family, including identification of the problems or conditions leading to the deprived child adjudication and changes each parent must make for the child to safely remain in, or return to the home;
(2) the permanency plan for the child, the reason for selection of that plan, and a description of the DHS steps to finalize the permanency plan;
(3) identification of time-limited reunification services provided to the parent, legal guardian, legal custodian, stepparent, other adult person living in the home, or other family members;
(4) a schedule of the frequency of services and the means by which delivery of the services is assured or, as necessary, the proposed means by which support services or other assistance is provided to enable the parent or child to obtain the services;
(5) the name of the child welfare specialist assigned to the case;
(6) a projected date for the ISP completion;
(7) performance criteria that measures the child and family progress toward completion of the ISP including, but not limited to, time requirements for achieving objectives and addressing the identified problems;
(8) the sequence and time requirements for services provided to the parent to facilitate the child's return home;
(9) a description of services or resources requested by the child's parent or legal guardian since the date of the child's placement, and if those services or resources were provided and when not, the basis for the denial of the services or resources;
(10) efforts to be made by the child's parent and DHS to enable the child to return to his or her home;
(11) a plan and schedule for regular and frequent visitation for the child and the child's parent or legal guardian and siblings, unless the court determined visitation, even when supervised, would be harmful to the child;
(12) provisions for the child's safety, per state and federal law, and clearly defined actions or precautions necessary to provide for the safety and protection of the child;
(13) the statement:TO THE PARENT:THIS IS A VERY IMPORTANT DOCUMENT.ITS PURPOSE IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE HOME WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN.IF YOU ARE UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE HOME OR ATTEND COURT HEARINGS, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU; and
(14) whenever a child in DHS custody or under DHS protective supervision is committed for inpatient behavioral health or substance use or abuse treatment pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act, the ISP is amended as necessary and appropriate including, but not limited to, identification of the treatment and services to be provided to the child and child's family upon the child's discharge from inpatient behavioral health or substance use or abuse treatment.
(d) ISP for adoption or legal guardianship permanency plan.Per federal and state statutes, when the permanency plan is adoption or legal guardianship, DHS describes, at a minimum, child-specific recruitment efforts, such as relative searches conducted and the use of state, regional, and national adoption exchanges to facilitate the orderly and timely placement of the child, whether in or outside of the state. • 8
(e) ISP for successful adulthood youth.Federal law requires the initiation of a successful adulthood plan for the youth in DHS custody and out-of-home placement upon reaching 14 years of age, Oklahoma Administrative Code 340:75-6-110.This plan includes a description of how the following objectives will be met:
(1) education, vocational, or employment planning;
(2) health care planning and medical coverage;
(3) transportation including, where appropriate, assisting the child in obtaining a driver license;
(4) money management;
(5) planning for housing;
(6) social and recreational skills; and
(7) establishing and maintaining connections with the child's family and community.
INSTRUCTIONS TO STAFF 340:75-6-40.4
1.Initiation of the individualized service plan (ISP).The ISP:
(1) is initiated as soon as the parent is willing to begin the process.A plan is developed prior to the dispositional hearing or no later than 60-calendar days from the child's removal or the petition's filing, whichever comes first, so services may begin to correct the conditions that created the child safety threats;
(2) addresses the behaviors and conditions the parent, legal guardian, legal custodian, stepparent, or other adult person living in the home must change to alleviate the safety threats to the child and the conditions of deprivation set out in the petition; and
(3) lists all risk-related needs and safety threats.The allegations in the deprived petition are the safety threats that must be addressed.
2.Parent or legal guardian ISP.The child welfare (CW) specialist and family develop the initial Form 04KI012E, Individualized Service Plan (ISP), after Form04KI030E, Assessment of Child Safety, is completed by the permanency planning specialist.
(1) Form 04KI013E, Individualized Service Plan (ISP) Dispositional Report, is furnished to the court within 30-calendar days after the adjudication of the child as a deprived child or earlier when ordered by the court.
(2) Prior to the adjudication hearing, the ISP is initiated with the parent or legal guardian on a voluntary basis.
(3) The ISP includes documentation, when applicable, that the parent or legal guardian is unwilling to participate in the development or implementation of the plan.
(4) Refer to Oklahoma Administrative Code (OAC) 340:75-6-40.4(a) through (e) for ISP required information.
(5) An ISP is not required for the parent or legal guardian when:
(A) a request for immediate termination of parental rights or guardianship is filed; or
(B) the court finds efforts to reunite the child and family are not required.
3.Age-appropriate child's participation in the ISP development.Participation or input from the parent; legal guardian; child, when appropriate; child's attorney; and, when applicable, the child's tribe and guardian ad litem is utilized in ISP development.An age-appropriate child is:
(1) 10 years of age and older with the exception of a child with severe intellectual disabilities; or
(2) younger than 10 years of age who is intellectually capable of understanding and communicating ideas and opinions concerning the development and completion of the plan.
4.ISP estimated completion dates.Each ISP has an estimated completion date.The parent's or legal guardian's ISP estimated completion date is not changed when adequate time is given to the parent or legal guardian and the parent or legal guardian fails to complete the plan.The parent or legal guardian is informed:
(1) services have time constraints due to statutory requirements;
(2) of the psychological and emotional harm that may occur to the child in out-of-home placement; and
(3) the child, when age appropriate, is advised of the parent's or legal guardian's progress on the ISP.
5.ISP modification at dispositional hearing.
(1) The ISP is recommended to the court by the CW specialist at the first dispositional hearing on Form 04KI013E.
(2) Per Section 1-4-704 of Title 10A of the Oklahoma Statutes(10A O.S. § 1-4-704), when any part of the plan is disputed or not approved by the court, an evidentiary hearing may be held and at its conclusion, the court determines the ISP content in accordance with the evidence and the child's best interests.
(3) The CW specialist revises the ISP after the first dispositional hearing to conform to the court's dispositional order.
6.ISP signatures and distribution.
(1) Form 04KI013E, is signed prior to submission to the court by the:
(B) child, when age-appropriate;
(C) CW specialist; and
(D) CW supervisor.
(2) Form 04KI013E, after modification by the court, when any, is:
(A) incorporated and made a part of the dispositional order;
(B) revised by Oklahoma Human Services (OKDHS); and
(C) signed by and distributed to the:
(i) child's parent, legal guardian, or custodian;
(ii) attorney for the child's parent, legal guardian, or custodian;
(iii) child's attorney;
(iv) child's guardian ad litem, who may be a court-appointed special advocate, when applicable;
(v) Indian child welfare (ICW) worker, when applicable;
(vi) child, when possible; and
(vii) CW specialist.
7.Updating the ISP.The ISP is updated by utilizing Form 04KI014E, Individualized Service Plan (ISP) Progress Report, and is:
(1) used to document the parent's progress toward completion of the ISP every six months or prior to every review and dispositional hearing, whichever is earlier; and
(2) submitted to the court at least three-judicial days prior to the hearing unless the court of jurisdiction requires a different submission requirement.
(1) The CW specialist develops a permanency ISP addressing permanency for the child when a determination is made that:
(A) return of the child to the child's own home is no longer the permanency plan;
(B) reasonable efforts were made and failed to reunite the child and family or are not required per a finding by the court; or
(C) a petition or motion for termination of parental rights was or will be filed.
(2) The permanency ISP is developed with participation or input from the:
(A) placement provider;
(B) child, when age-appropriate;
(C) child's attorney;
(D) ICW worker, when applicable; and
(E) child's guardian ad litem, when applicable.
(3) When the child is in OKDHS permanent custody, the permanency ISP is updated as necessary and used as the basis for completing Form 04KI014E.
(4) When the permanency plan for the child is adoption or other permanent placement, the permanency ISP is updated and the information is provided to the court on Form 04KI014E regarding child-specific recruitment efforts, such as:
(A) relative searches conducted; and
(B) the use of state, regional, and national adoption exchanges, including electronic exchange systems to facilitate timely and orderly intrastate and interstate placements.
(5) The permanency ISP and Form 04KI014E document the steps OKDHS takes to:
(A) find an adoptive family or other permanent living arrangement for the child;
(B) place the child:
(i) with an adoptive family;
(ii) with a fit and willing kinship relation;
(iii) with a permanent guardian; or
(iv) in another planned permanent living arrangement; and
(C) finalize the adoption, permanent guardianship, or other permanent placement.
(6) OKDHS recommends the permanency plan and, when applicable, the concurrent permanency plan.The use of Form 04MP040E, Concurrent Planning Determination Tool, assists to determine poor prognosis indicators during the safety analysis, functional assessment, and through ongoing work with the family.OKDHS recommends the permanency plan to the court and requests the court make a judicial finding regarding "reasonable efforts to finalize the permanency plan."
(A) The recommendation for the permanency plan and recommendation for the judicial finding must be consistent.
(i) When OKDHS recommends the court modify the permanency plan, the recommended modification and a concise explanation supporting the reason for the modification is provided in the Recommendations section of Form 04KI009E, Court Report, and Form 04KI014E, as applicable.
(ii) The permanency plan is updated consistent with the modified finding of the court.Inconsistency between the judicial finding and the permanency plan occurs when the CW specialist requests the court enter a finding that reasonable efforts failed, but the permanency plan is return the child to own home.
(B) The CW specialist's recommendation regarding the permanency plan is based on the child's best interests, not on the expected response or receptivity of the court or others.
9.Parent or legal guardian's child support obligation.The parent or legal guardian's obligation to assist with the child's financial support is addressed in the parent or legal guardian's ISP.
(1) When the court has not addressed child support, the CW specialist recommends a court order for child support, per OAC 340:75-13-26.
(2) When child support is court-ordered and the parent or legal guardian fails to comply, the CW specialist recommends the court address the matter with the parent or legal guardian.
(3) The court, when entering a child support order for each parent in a deprived court action, follows the child support guidelines, per 43 O.S. § 118 and 119, to base the amount of financial support.The court may deviate from the child support guidelines when it is determined necessary for the parent to meet the obligations of a court-imposed ISP or for other reasons as the court deems appropriate.
(4) The child support computation form is completed by the court, parent, or legal guardian, or legal custodian's attorney or may be referred to Child Support Services (CSS) for completion.Upon a judge's signature, the computation form is incorporated as a part of the child support order enforced by CSS.
10.Court-ordered ISP modified only by court order.
(1) A court-ordered ISP or portion of an ISP may only be modified by further court order.
(2) Court-ordered ISP modifications are based on changing circumstances or other conditions causing the plan to be inconsistent with the child's health, safety, or welfare.
(3) OKDHS-recommended changes to the ISP are developed with the parent or legal guardian and child, as appropriate, and recommended to the court at the next hearing.
(4) The placement provider is informed of any change that affects the child's care.
(5) DHS recommends changes when one of the circumstances in (A) through (C) exists.
(A) New allegations of abuse or neglect are adjudicated as a result of a post-adjudication or new petition.
(B) Additional underlying causes, such as substance use or abuse requiring treatment, are discovered.
(C) An additional adult, such as the mother's new husband, becomes a part of the family home.
(6) When the court orders ISP modification, OKDHS revises the plan to include the modified requirements.
(7) The parent or legal guardian is informed of the court-ordered modifications and provided a copy of the modified ISP.
11.Minor parent in OKDHS custody who has a child in care.An ISP is developed with a minor parent in OKDHS custody who has a child in OKDHS care, whether or not his or herchild is in OKDHS custody.Services are identified and provided to assist the minor parent in OKDHS custody with parenting his or her child, per OAC 340:75-6-85.6.
(1) When a child is born to a minor parent in OKDHS custody, the minor's child is placed in the same placement as the minor parent, when possible, and the placement is considered the child's own home.
(2) When voluntary placement is determined appropriate and is requested by the minor parent, the CW specialist:
(A) sends a written request to the CW supervisor detailing the plan and length of care.The CW supervisor approves or denies the request in writing and the documents are filed in the paper case record;
(B) provides the minor parent with Form 04FC007E, Authorization from Parent or Guardian for Voluntary Foster Home Placement and Medical Care of Child, for signature;
(C) opens a voluntary foster care case in KIDS.The minor parent in custody is designated the parent.The placement episode for the child is entered in the voluntary foster care case, but not in the permanency planning case of the minor parent in custody; and
(D) develops an ISP that addresses:
(i) the child's safety and protection without court intervention;
(ii) the placement provider's role and responsibility;
(iii) appropriate child care plans while the minor parent is attending school, working, or involved in extracurricular activities; and
(iv) measures to ensure the child's basics needs are met.