Okla. Stat. tit. 10A, § 10A-1-4-811

A. 1. The court shall conduct a permanency hearing to

determine the appropriate permanency goal for the child and to order

completion of all steps necessary to finalize the permanent plan.

The hearing shall be held no later than:

a. six (6) months after placing the child in out-of-home

placement and every six (6) months thereafter, and

b. thirty (30) days after a determination by the court

that reasonable efforts to return a child to either

parent are not required pursuant to the provisions of

Section 1-4-809 of this title.

2. A child shall be considered to have entered out-of-home

placement on the earlier of:

a. the adjudication date, or

b. the date that is sixty (60) days after the date on

which the child is removed from the home.

3. Subsequent permanency hearings shall be held at least every

six (6) months for any child who continues to be in an out-of-home

placement. At the request of a party, the Department of Human

Services, or on the motion of the court, the initial and subsequent

permanency hearings may be held more frequently.

4. At each permanency hearing, the court may consider testimony

of any person who has relevant information about the status of the

child or the status of the treatment plan. All parties shall have

the opportunity to present evidence and to cross-examine witnesses.

The rules of evidence shall not apply to permanency hearings and all

evidence helpful in determining the proper permanency goal shall be

considered including, but not limited to, oral and written reports,

which may be admitted and may be relied upon to the extent of their

probative value, even though not competent for the purposes of the

adjudicatory hearing.

5. The permanency plan for the child in transition to a

successful adulthood shall be developed in consultation with the

child and, at the option of the child, with up to two members of the

permanency planning team to be chosen by the child, excluding the

foster parent and caseworker for the child, subject to the following

provisions:

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a. one individual selected by the child may be designated

to be the advisor and, as necessary, advocate of the

child, with respect to the application of the

reasonable and prudent parent standard to the child,

and

b. the Department of Human Services may reject an

individual selected by the child to be a member of the

permanency planning team at any time if the Department

has good cause to believe that the selected individual

would not act in the best interests of the child.

B. A permanency hearing may be held concurrently with a

dispositional or review hearing.

C. If a foster parent, preadoptive parent, or relative is

currently providing care for a child, the Department shall give the

foster parent, preadoptive parent, or relative notice of a

proceeding concerning the child. A foster parent, preadoptive

parent, or relative providing care for a child has the right to be

heard at the proceeding. Except when allowed to intervene, the

foster parent, preadoptive parent, or relative providing care for

the child is not considered a party to the juvenile court proceeding

solely because of notice and the right to be heard at the

proceeding.

D. At the hearing, the court shall determine or review the

continued appropriateness of the permanency plan of the child and

whether a change in the plan is necessary, the date by which the

goal of permanency for the child is scheduled to be achieved, and

whether the current placement of the child continues to be the most

suitable for the health, safety, and welfare of the child. The

court shall also, in an age-appropriate manner, inquire or cause

inquiry to be made of the child regarding the proposed permanency

plan and if the child is age fourteen (14) or older, the planning

for the transition of the child to a successful adulthood.
ed, and

whether the current placement of the child continues to be the most

suitable for the health, safety, and welfare of the child. The

court shall also, in an age-appropriate manner, inquire or cause

inquiry to be made of the child regarding the proposed permanency

plan and if the child is age fourteen (14) or older, the planning

for the transition of the child to a successful adulthood.

E. A transcript shall be made of each permanency hearing or the

proceeding shall be memorialized by appropriate written findings of

facts, and the court having considered all relevant information

shall order one of the following permanency plans for the child:

1. Reunification with the parent, parents, or legal guardian of

the child where:

a. reunification can be expected to occur within an

established time frame that is consistent with the

developmental needs of the child, and

b. the health and safety of the child can be adequately

safeguarded if returned home;

2. Placement for adoption after the rights of the parents have

been terminated or after a petition has been filed to terminate

parental rights;

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 152

3. Placement with a person who will be the permanent guardian

of the child and is able to adequately and appropriately safeguard

the health, safety, and welfare of the child; or

4. a. Placement in the legal custody of the Department under

a planned alternative permanent placement, provided

the child is age sixteen (16) or older and there are

compelling reasons documented by the Department and

presented to the court at each permanency hearing that

include the intensive, ongoing and, as of the date of

the hearing, unsuccessful efforts made to:

(1) return the child home, or

(2) place the child with a fit and willing relative,

including adult siblings, a legal guardian, or an

adoptive parent, and

(3) find biological family members for the child

utilizing search technology, including social

media.

b. The Department shall also document at each permanency

hearing the steps taken, including inquiry of the

child in an age-appropriate manner, to ensure that:

(1) the foster family home of the child or facility

where the child is placed is following the

reasonable and prudent parent standard, and

(2) the child has regular, ongoing opportunities to

engage in age-appropriate or developmentally

appropriate activities.

c. When a planned alternative permanent placement is the

court-ordered permanency plan for the child, the court

shall at each permanency hearing:

(1) ask the child about the permanency outcome the

child desires, and

(2) make a judicial determination, as of the date of

the hearing, why a planned alternative permanent

placement is the best permanency plan for the

child and provide compelling reasons why it

continues to not be in the best interests of the

child to return home or be placed for adoption

with a legal guardian or with a fit and willing

relative.

F. In addition to the findings required under subsection E of

this section, the court shall also make written findings related to:

1. Whether the Department has made reasonable efforts to

finalize the permanency plan that is in effect for the child and a

summary of the efforts the Department has made; or, in the case of

an Indian child, whether the Department has made active efforts to

provide remedial services and rehabilitative programs as required by

25 U.S.C., Section 1912(d);

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2. If the permanency plan is for the child to remain in out-of-

home care, whether the child's out-of-home placement continues to be

appropriate and in the best interests of the child;

3. If the current placement is not expected to be permanent,

the court's projected timetable for return home or for placement in

an adoptive home with a guardian, or another planned permanent

living arrangement; and
the permanency plan is for the child to remain in out-of-

home care, whether the child's out-of-home placement continues to be

appropriate and in the best interests of the child;

3. If the current placement is not expected to be permanent,

the court's projected timetable for return home or for placement in

an adoptive home with a guardian, or another planned permanent

living arrangement; and

4. Whether reasonable efforts, in accordance with the safety or

well-being of any child, have been made to:

a. place siblings, who have been removed, together in the

same foster care, guardianship, or adoptive placement,

and

b. provide for frequent visitation or other ongoing

interaction in the case of siblings who have been

removed and who are not placed together.

G. The court may make appropriate orders to ensure timely

implementation of the permanency plan and shall order the plan to be

accomplished within a specified period of time.