STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1967	By:	Mulready

AS INTRODUCED

An Act relating to children; amending Section 114, Chapter 233, O.S.L. 2009 (10A O.S. Supp. 2010, Section 1-4-204), which relates to the placement of children in state custody; modifying adoption placement considerations; amending 10 O.S. 2001, Section 7004-3.2, as renumbered by Section 279, Chapter 233, O.S.L. 2009, and as last amended by Section 4, Chapter 358, O.S.L. 2010 (10A O.S. Supp. 2010, Section 1-7-105), which relates to rules and procedures for children in custody; authorizing contact between children and former foster parents; providing exception; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 114, Chapter 233, O.S.L. 2009 (10A O.S. Supp. 2010, Section 1-4-204), is amended to read as follows:
Section 1-4-204.  A.  1.  When awarding custody or determining the placement of a child, a preference shall be given to relatives and persons who have a kinship relationship with the child.  The Department of Human Services shall make diligent efforts to place the child with such persons and shall report to the court the efforts made to secure that placement.  In cases where the Indian Child Welfare Act applies, the placement preferences of the act shall be followed.
2.  When two or more children are siblings, every reasonable attempt shall be made to place the siblings in the same home.  In making a permanent placement, siblings shall be placed in the same permanent home or, if the siblings are separated, shall be allowed contact or visitation with each other; provided, however, the best interests of each sibling shall be the standard for determining the appropriate custodian or placement as well as the contact and visitation with the other siblings.
3.  In determining the appropriate custodian or placement for a child pursuant to subsection A of this section, the court and the Department shall consider, but not be limited to, the following factors:
a.	the ability of the person being considered to provide safety for the child, including a willingness to cooperate with any restrictions placed on contact between the child and others, and to prevent others from influencing the child in regard to the allegations of the case,
b.	the ability of the person being considered to support the efforts of the Department to implement the permanent plan for the child,
c.	the ability of the person being considered to meet the child’s physical, emotional, and educational needs, including the child’s need to continue in the same school or educational placement,
d.	the person who has the closest existing personal relationship with the child if more than one person requests placement of the child pursuant to this section,
e.	the ability of the person being considered to provide a placement for the child’s sibling who is also in need of placement or continuation in substitute care,
f.	the wishes of the parent, the relative, and the child, if appropriate,
g.	the ability of the person being considered to care for the child as long as is necessary and to provide a permanent home if necessary, and
h.	the best interests of the child.
B.  1.  The Department of Human Services shall consider placement with a relative without delay and shall identify relatives of the child and notify them of the need for temporary placement and the possibility of the need for a permanent out-of-home placement of the child.  The relative search shall be reasonable and comprehensive in scope and may continue until a fit and willing relative is identified.
2.  The relatives shall be notified of the need to keep the Department informed of their current address in order to receive notice when a permanent out-of-home placement is being sought for the child.  A relative who fails to provide a current address may forfeit the right to be considered for the child’s permanent out-of-home placement.
3.  A decision by a relative to not participate in the child’s placement planning at the beginning of the case or to cooperate with the Department to expedite procedures for placement of the child in the child’s home may affect whether that relative will be considered for permanent placement of the child if the child cannot be safely returned to the home of the child’s parent or parents.
C.  The Department, while assessing the relatives for the possibility of placement, shall be authorized to disclose to the relative, as appropriate, the fact that the child is in custody, the alleged reasons for the custody, and the projected date for the child’s return home or other permanent placement as well as any other confidential information deemed necessary and appropriate to secure a suitable placement.
D.  Following an initial placement with a relative, whenever a new placement of the child is made, consideration for placement shall again be given as described in this section to approved relatives who will fulfill the reunification or permanent plan requirements of the child.  The Department shall consider whether the relative has established and maintained a relationship with the child.  
E.  If the child is not placed with a relative who has been considered for placement pursuant to this section, the Department shall advise the court, in writing, the reasons why that relative was denied and the written reasons shall be made a part of the court record.
F.  The provisions of subsections A through E of this section shall apply to all custody or placement proceedings which concern a child alleged or adjudicated to be deprived including, but not limited to, guardianship and adoption proceedings.
G.  If the rights of the parents have been terminated with respect to a child who has been placed in a foster home for twenty-four (24) months or more, the Department shall give the foster home first priority in adoption determinations, provided the foster parents seek adoption of the child.
SECTION 2.     AMENDATORY     10 O.S. 2001, Section 7004-3.2, as renumbered by Section 279, Chapter 233, O.S.L. 2009, and as last amended by Section 4, Chapter 358, O.S.L. 2010 (10A O.S. Supp. 2010, Section 1-7-105), is amended to read as follows:
Section 1-7-105.  A.  The Department of Human Services shall promulgate written rules, policies, and procedures governing the operation of those facilities operated by or under contract with the Department wherein children may be placed.
B.  The policies prescribed shall, at a minimum, ensure that:
1.  A child shall not be punished by physical force, deprivation of nutritious meals or family visits, or solitary confinement;
2.  A child shall have the opportunity to participate in physical exercise each day;
3.  A child shall be allowed daily access to showers;
4.  A child shall be allowed his or her own clothing or individualized clothing which is clean;
5.  A child shall have constant access to writing materials and may send mail without limitation, censorship, or prior reading, and may receive mail without prior reading, except that mail may be opened in the presence of the child, without being read, to inspect for contraband or if authorized by the court for the protection of the child;
6.  A child shall have a right to communicate and to visit with his or her family on a regular basis, and to communicate with persons in the community provided the communication or visitation is in the best interests of the child;
7.  A child shall have a right to communicate and maintain a relationship with prior foster families if the child wishes, provided the communication is in the best interests of the child;
8.  A child shall have timely access to medical care as needed;
8. 9.  A child in the custody or care of the Department shall be provided access to an education including teaching, educational materials, and books;
9. 10.  A child shall have a right to access to the child’s attorney;
10. 11.  A child shall be afforded a grievance procedure, including an appeal procedure;
11. 12.  A child's behavioral health needs shall be met, protected, and served through provision of guidance, counseling, and treatment programs, staffed by competent, professionally qualified persons; and
12. 13.  Use of physical force, when authorized, shall be the least force necessary under the circumstances and shall be permitted only under the following circumstances:
a.	for self-protection,
b.	to separate children who are fighting,
c.	to restrain children in danger of inflicting harm to themselves or others, or
d.	to deter children who are in the process of leaving the facility without authorization.
C.  Any contract or agreement entered into by the Department for the residential care and treatment of children in the custody of the Department shall provide that the contractor comply with the provisions of subsections A and B of this section.
SECTION 3.  This act shall become effective November 1, 2011.

53-1-6445	SDR	01/18/11