340:75-6-46. Services to youth in Oklahoma Department of Human Services (OKDHS) custody involved in the juvenile justice system
The child or youth in Oklahoma Department of Human Services (OKDHS) custody or under OKDHS supervision as a deprived child who is involved in the juvenile justice system due to delinquency or In Need of Supervision (INS) acts receives services from OKDHS Child Welfare Services and the juvenile justice system provider.
INSTRUCTIONS TO STAFF 340:75-6-46
1.Delinquent or In Need of Supervision (INS) service providers.
(1) Youth in the custody of the Office of Juvenile Affairs (OJA) alleged or adjudicated INS or delinquent are served by the OJA Juvenile Services Unit (JSU).
(2) Youth receiving pre-adjudication or probation services in Oklahoma, Tulsa, Canadian, and Comanche Counties are served by the county-based Juvenile Bureau of the District Court and by the OJA JSU in the other 74 counties.
2.Child dually adjudicated as deprived and delinquent.When the child inpermanent custody of Oklahoma Human Services (OKDHS) is dually adjudicated as deprived and delinquent or INS, and in the custody of or receiving services from the juvenile justice system provider, the actions listed in paragraphs (1) through (3) of this subsection are required.
(1) Staffing between OKDHS and OJA or Juvenile Bureau.Reasonable efforts are made to assure joint staffings occur at key decision-making points throughout the case, such as when significant changes occur in the child's or youth's individualized service plan (ISP) or the child's placement or custody status changes.Agency responsibility regarding the provision of services to the child or youth are determined during each staffing.
(2) Information sharing.The child welfare (CW) specialist obtains updated information from the juvenile justice system provider to submit to the court in the deprived action for each review hearing and furnishes information to the juvenile justice system provider upon request.
(3) Recommendation for custody or case changes.A recommendation for dismissal or change of custody regarding the child or youth involved in the juvenile justice system is only made after a joint staffing between the CW specialist or supervisor responsible for the child and the juvenile justice system provider.
3.Conflict resolution between agencies.When consensus regarding case or related issues is not reached or a staffing cannot be scheduled as required, the conflict resolution protocol followed by OKDHS and OJA is in accord with each agency's administrative hierarchy and involves discussion between the:
(1) CW supervisor and JSU supervisor;
(2) district director and JSU district supervisor;
(3) deputy director for the region and OJA Juvenile Services Division director; and
(4) Child Welfare Services (CWS) director and OJA Chief of Staff.
4.Juvenile On-Line Tracking System (JOLTS).The OJA automation system, JOLTS, is accessed for information regarding a child or youth's involvement in the juvenile justice system.
5.Pre-delinquent adjudication staffing.When the CW specialist believes that a deprived youth's behavior indicates the youth may be delinquent, the CW specialist staffs the case with the appropriate juvenile justice system provider.Each agency's responsibilities regarding the appropriate action needed are determined during the staffing.
6. Reunification proposed by juvenile justice service provider.When a child or youth is in OJA custody and OJA recommends the child return to the home but the CW specialist believes reunification is not appropriate due to safety threats or other concerns, the CW specialist reports the concerns to the OJA worker immediately.When the CW specialist's report is verbal, the report is confirmed in writing within three-business days of the verbal report with a copy filed in the CW case.
7.Recommended dismissal by OJA of the delinquent or INS case.When CW does not receive advance notification of a court hearing in which OJA recommends dismissal of the delinquent or INS petition regarding the child or youth in OJA custody only and recommends custody be placed with OKDHS, the district director notifies the JSU district supervisor and requests advance notification in the future.When custody of the child is granted to OKDHS, a joint staffing is held between OJA and OKDHS to obtain information regarding child's needs.
8.OJA recommendation for OKDHS custody.When advance notification is given by OJA regarding OJA's recommendation to dismiss the delinquent or INS petition regarding the child or youth in OJA custody only and recommend custody be placed with OKDHS, a joint staffing is held between OJA and CW to coordinate placement planning and services to the child.A CW specialist is assigned and present at the court hearing with the OJA worker.
9.Placement of child or youth adjudicated delinquent or INS.The child or youth with a sole delinquent or INS adjudication or who is jointly adjudicated as deprived and delinquent or INS is not placed or allowed to visit in the same foster home as children or youth who are solely adjudicated as deprived without prior knowledge and approval of both CWS and OJA.The decision is staffed between the respective specialists and supervisors and documented in the KIDS Contacts screen.
10.Overnight or unsupervised visitation for jointly adjudicated child or youth.Prior to any overnight or unsupervised sibling visitation between a jointly adjudicated child or youth with his or her deprived siblings, a staffing between the CW specialist, OJA worker, and placement provider occurs.Any safety issues are discussed.Once a consensus is reached that each child's safety can be ensured, the decision is documented in the KIDS Contacts screen.When a consensus is not reached, the visitation is not allowed.
11.Permanency planning (PP) for dually adjudicated youth.The child or youth in OKDHS custody, in out-of-home care who is jointly adjudicated as deprived and delinquent requires a permanency goal as directed by 1-4-811 of Title 10A of the Oklahoma Statutes.CWS coordinates the PP efforts with OJA.
12.Case responsibilities based on adjudication or custody status.Case responsibilities for the child or youth are based on the child or youth's adjudication or custody status are outlined in (1) - (3) of this subsection.
(1) Pre-adjudication, deferred prosecution, deferred adjudication, or probation.CWS is the primary service provider for the child or youth; however, services coordinated with the juvenile justice system provider are designed to prevent additional unlawful acts by the child or youth.When the child or youth in OKDHS custody receives pre-adjudication, deferred prosecution, deferred adjudication, or probation services from the juvenile justice system provider, CWS retains responsibility for the child or youth's:
(B) PP; and
(C) related services.
(2) Adjudicated delinquent but custody not granted to OJA.When a child or youth in OKDHS custody is also adjudicated delinquent or INS but custody is not granted to OJA, OKDHS retains responsibility for placement of the child or youth as well as PP and related services.When not granted custody, OJA has no authority to make placement.While CW continues to be the primary service provider, services to the child or youth are coordinated with OJA or the juvenile justice system provider.
(3) Dual adjudication and custody.When a child or youth in OKDHS custody is also adjudicated delinquent or INS and placed in the custody of OJA, OJA is responsible for placement and services to the child or youth.CWS retains responsibility for PP and related services.The CW specialist:
(A) documents the youth's detention placement located in the Residential-Locally Authorized category and the Detention/OJA-Operated Facilities type;
(B) documents the specific location of the child in each KIDS monthly contact;
(C) contacts the child, youth, and the OJA case worker on a monthly basis personally or by phone; and
(D) obtains the date and substance of the monthly contact with the youth from the OJA worker and enters it into the KIDS contact screen along with the name of the OJA case worker, selects the purpose of "Worker Visit – No Contact Guide," and enters information in "Purpose/Comments."
13.ISP for parent in OJA custody.CWS initiates an ISP with the youthful parent in OJA custody whose child is served by CWS on a voluntary foster care or in custody basis.The ISP addresses the child's needs and the youthful parent's ability to meet the child's needs, and the parent and child relationship.