Library: Policy

340:75-1-20. Judicial review hearings

Revised 11-17-14

(a) Six-month review hearing requirement. Section 1-4-807 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-807) requires the court to review every case regarding a child alleged or adjudicated deprived no later than six months after the date of the child's removal from the home and at least once every six months thereafter until permanency is achieved or the court otherwise terminates jurisdiction.

(1) At the review hearing, Oklahoma Department of Human Services (DHS) provides information similar to that offered at the dispositional hearing, with special emphasis on the parent or legal guardian's progress on the court-ordered treatment and service plan.
(2) The court reviews all evidence that assists in decision-making including, but not limited to, oral and written reports presented by DHS and others involved in the case.

(b) Ninety-day review requirement. Per 10A O.S. § 1-4-807, when DHS documents a compelling reason why a petition to terminate parental rights to the child is not in the child's best interests, based upon a consideration that the child is not presently capable of functioning in a family setting, the child's status is re-evaluated by the court every 90 calendar days until a final determination is made that the child cannot be placed in a family setting.

(1) At any time during the pendency of the case, any party may request the court to review the case. When a review is granted, the requesting party provides notice to all parties of the date and time of the hearing, per 10A O.S. § 1-4-807.
(2) A review hearing may be held concurrently with a permanency hearing, per 10A O.S. § 1-4-807.

(d) Review hearing report. • 1 DHS prepares the review hearing report for the court when the child is in DHS legal custody or when DHS has court-ordered protective supervision of the child. Per 10A O.S. § 1-4-808, the report includes, but is not limited to:

(1) a summary of the child's physical, mental, and emotional condition, the conditions existing in the out-of-home placement where the child has been placed, and the child's adjustment;
(2) a report on the child's progress in school and, when the child has been placed outside of the child's home, the visitation exercised by the child's parents or other persons authorized by the court;
(3) services provided to the child 16 years of age or older that assist the child in the transition from out-of-home care or other community placement to independent living;
(4) a description of:
- (A) each parent's progress to correct the conditions or change behaviors that caused the child to be adjudicated deprived;
- (B) changes that still need to occur and the specific actions the parent must take to make the changes; and
- (C) services and assistance offered or provided to each parent since the previous hearing and the services that are needed in the future;
(5) a description of the child's placements:
- (A) by number and type with dates of entry and exit;
- (B) reasons for the placement or change in placement; and
- (C) a statement regarding the success or lack of success of each placement;
(6) DHS efforts to locate and involve each parent in the planning for the child, when the parent is not currently communicating with DHS;
(7) compliance by DHS, as applicable, and each parent with the court's orders concerning the individualized service plans, previous court orders, and DHS recommendations;
(8) whether the current placement is appropriate for the child, its distance from the child's home and if it is the least restrictive, most family-like placement available;
(9) a proposed timetable for the child's return to his or her home or other permanent placement; and
(10) specific recommendations, giving reasons whether:
- (A) trial reunification should be approved by the court;
- (B) trial reunification should be continued to a certain date as specified by the court;
- (C) the child should remain in, or be placed outside of the child's parent or legal guardian's home; or
- (D) the child should remain in the current placement when the permanency plan is other than reunification with the child's parent or legal guardian.

(e) Notice of hearing. DHS provides notice of the hearing per Oklahoma Administrative Code 340:75-1-16.1.

INSTRUCTIONS TO STAFF 340:75-1-20

Revised 8-15-17

1.Judicial review hearing report documentation.

(1) The judicial review hearing report is documented in combination with the permanency hearing report using Form 04KI014E, Individualized Service Plan (ISP) Progress Report, as applicable.

(2) The court report specifically addresses, and provides rationale for, recommendations to assist the court in determining per Section 1-4-807 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-807):

(A) if the ISP, services, and placement meet the child's special needs and best interests with the child's health, safety, and educational needs specifically addressed;

(B) if there is a need for the child's continued out-of-home placement;

(C) if the child's current permanency plan remains the appropriate plan to meet the child's health, safety, and best interests;

(D) if the services set forth in the ISP and the responsibilities of the parties need clarification or modification, due to additional information or changed circumstances, or as the court determines necessary for the correction of the conditions that led to the child's adjudication;

(E) if the visitation terms, including sibling visitation, when separated, requires modification;

(F) the timeframe is followed to achieve reunification or other permanency plan for the child;

(G) if reasonable efforts have been made to safely return the child to his or her home.When the court determines, or has previously determined that efforts to reunite the child with the child's family is inconsistent with the permanency plan, the court determines if reasonable efforts are being made to finalize a permanency plan for the child, and determines the steps necessary to finalize permanency for the child;

(H) when the youth, 14 years of age or older, receives appropriate services that assist in transitioning him or her from out-of-home care to independent living.The court inquires or causes inquiry to be made of the child regarding any proposed successful adulthood plan;

(I) if the nature and extent of the services provided to the child and parent are adequate to ensure the child's safety and protection from further physical, mental, or emotional harm, and, when necessary, order additional services to correct the conditions that led to the child's adjudication;

(J) if, in accordance with the child's safety or well-being, reasonable efforts have been made to:

(i) place siblings, who were removed, together in the same foster home, guardianship, or adoptive placement.Guidance on when siblings may be separated is found in Oklahoma Administrative Code 340:75-6-85; and

(ii) provide for frequent visitation or other ongoing interaction in the case of siblings, who were removed, but who are not placed together; and

(K) if, during the 90-calendar day period immediately prior to the child's 18th birthday, the Oklahoma Department of Human Servicesand, as appropriate, other representatives of the child are providing the child with assistance and support in developing a transition plan per Form 04PP018E, My Transition Plan, personalized at the child's direction and as detailed as the child elects, that includes specific options regarding:

(i) housing;

(ii) health;

(iii) insurance;

(iii) education;

(iv) local opportunities for mentors and continuing support services; and

(v) work force supports and employment services.