Okla. Stat. tit. 10A, § 10A-1-9-106

A. There is hereby established a Kinship Foster Care Program in

the Department of Human Services.

B. The Department shall establish, in accordance with the

provisions of this section, standards for becoming a kinship foster

care family.

C. 1. When a child has been removed from the child's home and

is in the care and custody of the Department, the Department shall

attempt to place the child with a person determined by the

Department to have a kinship relationship with the child if such

placement is in the best interests of the child.

2. In determining a kinship placement for a child who has been

removed from the custody of a custodial parent and placed with the

Department in emergency or protective custody, priority shall be

given by the Department to the placement of the child with the

noncustodial parent of the child unless such placement is not in the

best interests of the child. If it is determined by the Department

that placement with the noncustodial parent is not in the best

interests of the child, placement shall be consistent with the

provisions of Section 1-4-204 of this title. The health, safety, or

welfare of a child shall be of paramount concern in any placement.

D. 1. Upon the completion of the records search to ascertain

if there is an Oklahoma record of criminal history for the

prospective kinship foster parent or any other adult residing in the

prospective kinship foster parent's home, and subject to any other

standards established by law or by the Department, a child may be

placed in the kinship home. A kinship foster parent shall not be

entitled to any payments for providing foster care until such foster

parent receives final approval from the Department to be a kinship

foster parent.

2. Following placement, the Oklahoma State Bureau of

Investigation shall complete a national criminal history records

search based upon submission of fingerprints for any kinship foster

parent and any adult residing in the home of such parent, and shall

make the results of the records search available to the Department

pursuant to the provisions of the Oklahoma Child Care Facilities

Licensing Act, and applicable state and federal law. The Director

of Human Services or designee may authorize an exception to the

fingerprinting requirement for an adult residing in the kinship

foster care home who has a severe physical condition which precludes

the person from being fingerprinted.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 227

3. The Department shall maintain the confidentiality of the

records search results and shall use the results only for purposes

of determining a person's eligibility to become a kinship foster

parent.

4. It shall be unlawful, except for the purpose of determining

a person's eligibility for kinship foster care, for any person to

disclose information obtained under this subsection.

5. Any person violating the provisions of this subsection shall

be guilty of a misdemeanor.

E. A person related by blood, marriage, adoption, and by tie or

bond to a child, and/or to whom has been ascribed a family

relationship role with the child's parents or the child may be

eligible for approval as a kinship foster care parent.

F. The Department shall determine whether the person is able to

effectively care for the foster child by:

1. Reviewing personal and professional references;

2. Observing during a visit to the home of the kinship foster

care family; and

3. Interviewing the kinship foster care parent.

G. 1. When the kinship foster parent is finally approved by

the Department, in accordance with applicable state and federal law

and rules promulgated by the Commission for Human Services regarding

foster care services, the kinship foster care family shall be

eligible to receive payment for the full foster care rate for the

care of the child and any other benefits that might be available to

foster parents, whether monetary or in services.
approved by

the Department, in accordance with applicable state and federal law

and rules promulgated by the Commission for Human Services regarding

foster care services, the kinship foster care family shall be

eligible to receive payment for the full foster care rate for the

care of the child and any other benefits that might be available to

foster parents, whether monetary or in services.

2. If a child is placed with a kinship foster parent prior to

the home’s final approval as a foster care home, the Department

shall immediately refer the child and family for assistance through

the Temporary Assistance for Needy Families Program.

H. 1. The Department and the kinship foster care parent shall

develop a plan for the care of the child, which shall be

periodically reviewed and updated.

2. The kinship foster parent shall cooperate with any

activities specified in the case plan for the child including, but

not limited to, counseling, therapy, court sessions, visits with the

child's parents or other family members, and training.

I. The Commission for Human Services shall promulgate rules

necessary to carry out the provisions of this section.