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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1018 By: Lawson
AS INTRODUCED
An Act relating to children; amending 10A O.S. 2021,
Section 1-4-704, which relates to individu alized
service plans; providing that certain individuals may
participate in certain services; prohibiting
participation from being used a s admission of guilt
or as evidence for certain purposes; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1 -4-704, is
amended to read as f ollows:
Section 1-4-704. A. The Department of Human Services or
licensed child-placing agency shall prepare and maintain a written
individualized servi ce plan for any child that has been adjudicated
to be a deprived child.
B. The plan shall be furnished to the court within thirty (30)
days after the adjudication of the child and shall be made available
to counsel for the parties and any applicable tribe by the
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Department or the licensed child -placing agency having cus tody of
the child or responsibility for the supervision of the case.
C. 1. The individualized service plan shall be based upon a
comprehensive assessment and evaluation of the child and fa mily and
shall be developed with the participation of the parent, legal
guardian, or legal custodian of the child, the attorney for the
child, the guardian ad litem for the child, if any, the child 's
tribe, and the child, if appropriate. The health and sa fety of the
child shall be the paramount concern in the developmen t of the plan.
2. If any part of the plan is disputed or not approved by the
court, an evidentiary hearing may be held and at its conclusion, the
court shall determine the content of the in dividualized service plan
in accord with the evidence presented an d the best interests of the
child.
3. When approved by the court, each individualized service plan
shall be incorporated and made a part of the dispo sitional order of
the court.
4. The plan shall be signed by:
a. the parent or parents or legal guardian o f the child,
b. the attorney for the parent or parents or legal
guardian of the child,
c. the child's attorney,
d. the guardian ad litem of the child, which may be a
court-appointed special advocate,
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e. a representative of the child 's tribe,
f. the child, if possible, and
g. the Department or other responsible agency.
D. 1. Every service plan prepared shall be individualized and
specific to each child and the family of the child.
2. The individualized service plan shall be written in simple
and clear English. If English is not the principal language of the
parent, legal guardian, or custodian of the child, and such person
is unable to read or compreh end the English language, to the extent
possible the plan shall be written in the principal language of th e
person.
3. The individualized service plan may be modified based on
changing circumstances consistent with the correction of the
conditions that led to the adjudication of the child or ot her
conditions inconsistent with the health, safety, or welfare of the
child.
4. The individualized service plan shall be measurable,
realistic and consistent with the requirements of other court
orders.
E. The individualized service plan shall include, but not be
limited to:
1. A history of the child and family, incl uding identification
of the problems or conditions leading to the deprived child
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adjudication and the changes the parent or parents must make in
order for the child to safely remain in or re turn to the home;
2. Identification of time -limited reunification services to be
provided to the parent, legal guardian, or legal custodian,
stepparent, other adult person living in the home, or other family
members;
3. Identification of the specific ser vices to be provided to
the child including, but not limited to, e ducational, vocational
educational, medical, drug or alcohol abuse treatment, or counseling
or other treatment services. The most recent available he alth and
educational records of the chil d shall be provided to the court upon
the court's request including:
a. the names and addresses of the child's health and
educational providers,
b. the child's grade-level performance,
c. the child's school record,
d. a record of the child 's immunizations,
e. the child's known medical problems, including any
known communicable diseases,
f. the child's medications, and
g. any other relevant health and education information;
4. A schedule of the frequency of services a nd the means by
which delivery of the se rvices will be assured or, as necessary, the
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proposed means by whi ch support services or other assistance will be
provided to enable the parent or the child to obtain the services;
5. The name of the social worker a ssigned to the case;
6. A projected date for the completion of the individualized
service plan;
7. Performance criteria that will measure the progress of the
child and family toward completion of the individualized service
plan including, but not limited to, time frames for achieving
objectives and addressing the identified problems;
8. The name and busines s address of the attorney representing
the child;
9. If the child is placed outside the home, the individualized
service plan shall further provide:
a. the sequence and time frame for servi ces to be
provided to the parent, the child, and if the child is
placed in foster care, the foster parent, to
facilitate the child's return home or to another
permanent placement,
b. a description of the child 's placement and explanation
about whether it is the least-restrictive placement
available and in as close proxim ity as possible to the
home of the parent or parents or legal guardian of the
child when the case plan is reunification, and how the
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placement is consistent with the best interests and
special needs of the child,
c. a description of any services or resourc es that were
requested by the child or the parent or legal guardian
of the child since the date of the child 's placement,
and whether those services o r resources were provided
and if not, the basis for the denial of the services
or resources,
d. efforts to be made by the parent of the child and the
Department to enable the child to return to his or her
home,
e. a description of the transition planning f or a
successful adulthood for a child ag e fourteen (14) or
older that includes how the following objective s will
be met:
(1) education, vocational, or employment planning,
(2) health care planning and medical coverage,
(3) transportation including, where a ppropriate,
assisting the child in obtai ning a driver
license,
(4) money management,
(5) planning for housing,
(6) social and recreational skills, and
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(7) establishing and maintaining connections with the
child's family and community,
f. for a child in placement due solely or in part to the
child's behavioral health or medical health issues,
diagnostic and assessment information, specific
services relating to meeting the applicable behavioral
health and medical care needs of the child, and
desired treatment outcomes,
g. a plan and schedule for re gular and frequent
visitation for the child and the child 's parent or
parents or legal guardian and siblings, unless the
court has determined that visitation, even if
supervised, would be harmful to the child, and
h. a plan for ensuring the educational sta bility of the
child while in out-of-home placement, including:
(1) assurances that the placement of the child
considers the appropriateness of the current
educational setting and the proximity to the
school in which the child was enrolled at the
time of placement, and
(2) where appropriate, an assurance that the
Department has coordinated with appropriate local
educational agencies to ensure that the child
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remains in the school in which the child was
enrolled at the time of placement, or
(3) if remaining in the school in which the child was
enrolled at the time of placeme nt is not in the
best interests of the child, assurances by the
Department and the local educational agencies to
provide immediate and appropriate enr ollment in a
new school with all of the educational records of
the child provided to the school; and
10. The permanency plan for the child, the reason for selection
of that plan and a description of the steps being taken by the
Department to finalize the plan.
a. When the permanency plan is ado ption or legal
guardianship, the Department shall describe, at a
minimum, child-specific recruitment efforts such as
relative searches conducted and the use of state,
regional, and national adoption exchanges to
facilitate the orderly and timely placement of the
child, whether in or outside of the state.
b. When the child is age fourteen (14) or older, the
permanency plan and any revision or addition to the
plan, shall include planning for the transition of the
child to a successful adulthood.
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F. Each individualized service plan shall specifically provide
for the safety of the child, in accordance with state and federal
law, and clearly define what actions or precautions will, or may, be
necessary to provide for the s afety and protection of the child.
G. The individualized service plan shall include the following
statement:
TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. ITS PURPOSE
IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE HOME WITHIN THE
REASONABLE PERIOD SP ECIFIED IN THE PLAN. IF YOU ARE UNWILLI NG OR
UNABLE TO PROVIDE YOUR CHILD WITH A SAFE HOME OR ATTEND COUR T
HEARINGS, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE
RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU.
H. Whenever a child who is subject to the provisions of t his
section is committed for inpatient behavioral health or substa nce
abuse treatment pursuant to the Inpatient Mental Health and
Substance Abuse Treatment of Minors Act, the individualized service
plan shall be amended as necessary and appropriate, includ ing, but
not limited to, identification of the treatment and servi ces to be
provided to the child and the child's family upon discharge of the
child from inpatient behavioral health or substance abuse treatment.
I. Prior to adjudication, a parent or legal guardian may
voluntarily participate in services related to the b ehaviors and
conditions that led to t he filing of a deprived petition.
Participation in such services is not an admission of guilt and
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shall not be used as evidence for the purposes of adju dication or
disposition.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON CHILDREN, YOUTH AND FAMILY
SERVICES, dated 02/14/2023 - DO PASS.