Okla. Stat. tit. 10A, § 10A-1-4-805

This is the official text of Okla. Stat. tit. 10A, § 10A-1-4-805, part of Oklahoma’s Stat. tit. 10A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 10A,." Browse the sections below, each linked to its official government source.

Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.

Change in foster or group home placement

Official statutory text

A. If a child placed in the custody of a child-placing agency

or in the custody of the Department of Human Services by the court

has resided with a foster parent or group home for three (3) or more

months:

1. Except in an emergency, the Department or child-placing

agency shall:

a. give a minimum of five (5) judicial days' advance

notice to the foster parent or group home and to the

court before removing a child from such foster

placement, and

b. at the time of such notification, provide the foster

parent or group home with a written statement of the

reasons for removing a child;

2. An oral or written opinion may be provided to the court by a

party, foster parent or representative of a group home where a child

is placed in support of or in opposition to any change in the

child's placement that is planned or under consideration by the

Department or child-placing agency;

3. The court shall resolve any concerns raised by a party,

foster parent or group home representative regarding a planned

change in the child's placement during any hearing in which the

concerns are brought to the attention of the court or the court may

schedule an informal placement review hearing that shall be heard

within fifteen (15) judicial days from the date the concerns are

brought to the attention of the court. The court may, in its

discretion, stay a proposed change in placement until the informal

placement review hearing is held; and

4. The foster parent or group home representative shall, at any

hearing, be entitled to submit to the court written reports or

present testimony concerning the strengths, needs, behavior,

important experiences, and relationships of the child, in addition

to such other information the court may request.

B. When a child is placed in the custody of the Department or

any child-placing agency, the Department or child-placing agency

shall have discretion to determine an appropriate foster placement

for the child. Except as provided in this section, the Department

or child-placing agency may remove a child in its custody from a

foster placement whenever the Department or child-placing agency

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 140

determines that removal is in the best interests of the deprived

child.

C. 1. In order to promote stability for foster children and

limit repeated movement of such children from one foster placement

to another, the Department or child-placing agency, except as

otherwise provided by this subsection, shall not change the foster

home or group home placement of a child without the approval of the

court in the following circumstances:

a. the court or other party receiving notice from the

Department of the movement of the child has filed a

written request for an informal hearing, as provided

in Section 1-4-804 of this title,

b. the court has stayed a planned change in a child's

placement pending a judicial review due to a verbal or

written objection made by a party or by a foster

parent or group home representative during a court

proceeding, or

c. a foster parent or representative of a group home with

whom the child has resided for more than six (6)

months objects, in writing pursuant to the provisions

of this subsection, after notice of the removal of the

child by the Department or the child-placing agency.

2. The objection shall be filed with the court by the foster

parent or group home and served on the Department or child-placing

agency within five (5) judicial days after receipt of the notice

from the Department or child-placing agency regarding removal of the

child. The court shall provide for notice to other parties in the

case.

3. Timely filing and service of the objection shall stay

removal of the child pending review of the court unless the

Department's or child-placing agency's stated reason for removal is

due to an emergency. As used in this paragraph, "emergency" means a

removal that is:
nt or child-placing agency regarding removal of the

child. The court shall provide for notice to other parties in the

case.

3. Timely filing and service of the objection shall stay

removal of the child pending review of the court unless the

Department's or child-placing agency's stated reason for removal is

due to an emergency. As used in this paragraph, "emergency" means a

removal that is:

a. pursuant to an order of the court entered during or

following a hearing including, but not limited to, an

order authorizing placement of a child with a parent

or sibling,

b. at the request of the foster parent or group home,

c. for emergency medical or behavioral health treatment,

d. due to substantial noncompliance by the foster parent

or group home with applicable contract requirements

and agreements such that the health, safety, or

welfare of the child is in imminent danger, or

e. due to a pending investigation of allegations of abuse

or neglect of a child by a foster parent or other

person residing in the foster family home or group

home.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 141

4. The court shall conduct an informal placement review hearing

within fifteen (15) judicial days on any objection filed by a party,

foster parent or group home pursuant to this section. The court may

order that the child remain in or be returned to the home of the

objecting foster parent or group home if the court finds that the

placement decision of the Department or child-placing agency was

arbitrary, inconsistent with the child's permanency plan or not in

the best interests of the child.

Status: in_force · Read it on the official government site

Need a lawyer in Oklahoma?

Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.