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.
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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.
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
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