Okla. Stat. tit. 10A, § 10A-1-9-119.1

Services.

A. A child being served by Child Welfare Services of the

Department of Human Services is entitled to reasonable, good-faith

efforts in order to be provided the following rights when doing so

serves the child's best interest:

1. Placement:

a. to remain in the custody of the child's parents or

legal custodians unless and until there has been a

determination in accordance with state law that

removal is appropriate,

b. to be placed, in accordance with state law, when

circumstances permit and in the following order of

preference:

(1) with an approved relative,

(2) with an approved kinship placement,

(3) with an approved resource family who has

previously cared for the child, and

(4) with an approved resource family,

c. to be placed in the nearest geographic proximity to

the home of the child as possible,

d. to be placed with the child's sibling, when

appropriate, if the sibling is also placed outside his

or her home,

e. to be placed, when appropriate, with a child of his or

her own,

f. to be placed, when possible, with a foster family that

can and is willing to accommodate the child's

communication needs,

g. to be provided with both information about a foster

family or program and, when circumstances permit, an

opportunity to meet the foster parent or program staff

before placement occurs,

h. to be provided, when possible, an age-appropriate

explanation why the child is in foster care and what

is happening to the child and to the child's family,

including siblings,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 248

i. to continue in the same school or educational

placement with minimal disruption in order to receive

an education that fits the child's age and individual

needs,

j. to be treated with dignity during placement changes.

(1) Except when a change in placement is due to an

emergency, a child and the child's attorney shall

be afforded five (5) judicial days' notice before

a change in placement.

(2) Prior to any placement change, the impacted child

shall be consulted when appropriate and advised

in an age-appropriate manner of the circumstances

and the reason for the placement change. The

child's input concerning the placement change

shall be considered, taking the child's age and

developmental level into account, and

k. to receive reasonable equipment and assistance to

transport personal possessions during placement

changes;

2. Safety:

a. to live in a safe, healthy and comfortable home,

b. to have adequate and appropriate clothing,

c. to receive individualized medical, dental, vision,

mental health and other required services by, when

reasonably possible, a continuity of providers,

d. to be free of unnecessary or excessive medication, and

e. to report a potential violation of personal rights

without fear of punishment, interference, coercion or

other retaliation;

3. Privacy:

a. to have an age-appropriate expectation of privacy in

accordance with existing law as to person, property

and communications,

b. to freely exercise the child's own religious beliefs,

including the refusal to attend any religious

activities and services, and

c. to confidentiality of all juvenile court records

consistent with existing law;

4. Communication:

a. to have written visitation plans with parents and

siblings in accordance with existing law,

b. to begin visitation with parents and siblings in

accordance with existing law,

c. to have safe and reasonable communications, when

appropriate and in accordance with existing law, with

the child's parents, siblings, extended family and

friends,

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d. to have regular and meaningful access to the child's

attorney, guardian and court-appointed special

advocate,

e. to communicate, in private if necessary, with any

court and judge with personal jurisdiction of the

child. This shall include informing the court of
the child's parents, siblings, extended family and

friends,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 249

d. to have regular and meaningful access to the child's

attorney, guardian and court-appointed special

advocate,

e. to communicate, in private if necessary, with any

court and judge with personal jurisdiction of the

child. This shall include informing the court of

inadequate representation being provided by any

attorney or other individual tasked with advocating on

behalf of the child,

f. to be provided the opportunity to engage in regular,

meaningful and private communication with the child's

assigned caseworker,

g. to participate, in a manner consistent with the

child's age and developmental level and in accordance

with existing law, in the development of and any

revision to the child's service plan,

h. to be presented, when appropriate and in accordance

with existing law, with the service plan for the

child's review and signature,

i. when appropriate, to be notified of, attend and have

the opportunity to be heard in court hearings relating

to the child's case and in family team meetings, and

j. to have, in accordance with existing law, all of the

child's records available for review by the child's

attorney and court-appointed special advocate if they

deem such review necessary; and

5. Personal Growth:

a. to have fair and equal access to all available

services, placement, care, treatment and benefits, and

to not be subjected to discrimination or harassment as

ensured by existing law,

b. to engage in reasonable, age-appropriate day-to-day

activities, including extracurricular, enrichment and

social activities, consistent with the most family-

like environment,

c. to receive independent living and support services

and, unless circumstances or existing law requires a

document be obtained sooner, be provided

identification and permanent documents, including

birth certificate, Social Security card and health

records by eighteen (18) years of age, to the extent

allowed by federal and state law,

d. the opportunity to work and develop job skills at an

age-appropriate level that is consistent with state

law, and

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e. to manage or have managed their personal earnings and

financial resources in a manner consistent with the

child's age and developmental level.

B. One or more of the enumerated rights in subsection A of this

section may conflict. Therefore, a balanced approach to protect

these rights shall be pursued that takes into account both the

child's unique circumstances and what is in the child's best

interest.

C. A statement of the rights enumerated in this section shall

be provided to:

1. Each child at the outset of entering foster care and at

least annually thereafter; and

2. Any foster parent once a child in the custody of the

Department enters the foster parent’s home and annually thereafter.

D. Subsequent to the exhaustion of available administrative

remedies as provided in Section 1-9-120 of Title 10A of the Oklahoma

Statutes, any child aggrieved by a violation of these rights may

seek intervention by a court with jurisdiction over the child to

make it aware of the grievance and obtain, if warranted, appropriate

equitable relief. The court in its discretion may waive the prior

exhaustion of administrative remedies. Nothing in this section,

however, shall be construed to create a private cause of action or

claim on the part of any individual, the Department, the Office of

Juvenile Affairs or any child-placing agency.