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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1086 By: Dahm
AS INTRODUCED
An Act relating to the Oklahoma Children ’s Code;
amending 10A O.S. 2021, Section s 1-4-704 and 1-4-809,
which relate to individualized service plan and
findings establishing that reasonable efforts to
reunify child are not required ; requiring permanency
plan for infant to include certain placement goal;
defining term for specified purpose; 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 follows:
Section 1-4-704. A. The Department of Human Ser vices or
licensed child-placing agency shall prepa re and maintain a written
individualized service plan for any child that has been adjudicated
to be a deprived child.
B. The plan shall b e furnished to the court within thirty (30)
days after the adjudicat ion of the child and shall be made available
to counsel for the parties and any applicable tribe by the
Department or the licensed child -placing agency having custody of
the child or responsibility for the supervision of the case.
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C. 1. The individualize d service plan shall be based upon a
comprehensive assessment and evaluation of the child and family and
shall be developed with the participation of the parent, legal
guardian, or legal c ustodian of the child, the attorney for the
child, the guardian ad l item for the child, if any, the child ’s
tribe, and the child, if appropriate. The health and safety of the
child shall be the paramount concern in the development 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, t he
court shall determine the content of the individualized service plan
in accord with the evidence presented and the best interests of th e
child.
3. When approved by the court, each individualized service plan
shall be incorporated and made a part of the dispositional order of
the court.
4. The plan shall be signed by:
a. the parent or parents or legal guardian of 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,
e. a representative of the child ’s tribe,
f. the child, if possible, and
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g. the Department or other responsible agency.
D. 1. Every service plan pre pared 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 c omprehend the English language, to the extent
possible the plan shall be written in the principal language of the
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 other
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, including identification
of the problems or conditions leading to the deprived child
adjudication and the changes the parent or parents must make in
order for the child to safely remain in or return to the home;
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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 services to be provided to
the child including, but not limited to, educational, vocational
educational, medical, drug or alcohol abuse treatment, or counseling
or other treatment services. The most recent availa ble health and
educational records of the child 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 in formation;
4. A schedule of the frequency of serv ices and the means by
which delivery of the services will be assured or, as necessary, the
proposed means by which support services or o ther assistance will be
provided to enable the parent or the child to obtain the services;
5. The name of the social wo rker assigned to the case;
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6. A projected date for the completion of the individualized
service plan;
7. Performance criteria that wil l measure the progress of the
child and family toward completion of th e individualized service
plan including, but not l imited to, time frames for achieving
objectives and addressing the identified problems;
8. The name and business address of the attorne y representing
the child;
9. If the child is placed outside the home, the individualized
service plan shall further pro vide:
a. the sequence and time frame for services 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 proximity 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
placement is consistent with the best interests and
special needs of the child,
c. a description of any services or resources that were
requested by the child or the parent or legal guardian
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of the child since the dat e of the child’s placement,
and whether those serv ices or 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 plan ning for a
successful adulthood for a child age fourteen (14) or
older that includes how the following objectives will
be met:
(1) education, vocational, or employment planning,
(2) health care planning and medical coverage,
(3) transportation including, w here appropriate,
assisting the child in obtaining a driver
license,
(4) money management,
(5) planning for housing,
(6) social and recreational skills, and
(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 informat ion, specific
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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 regular 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, e ven if
supervised, would be harmful to the child, and
h. a plan for ensuring the educational stability 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 coordinat ed with appropriate local
educational agencies to ensure that the child
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 placement is not in the
best interests of the child, assurances by the
Department and the local educa tional agencies to
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provide immediate and appropria te enrollment in a
new school with all of the educational records of
the child provided to the school; and
10. The permanency p lan for the child, the reason for selection
of that plan and a description of the steps being taken by the
Department to finaliz e the plan.
a. When the permanency plan is adoption 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 t o
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.
c. When the child is an infant, age twelve (12) months or
younger, the permanency plan shall include a goal that
the infant be placed in a prospective permanent
placement within one (1) year after the child has been
adjudicated to be a deprived child .
F. Each individualized service plan shall specifically provide
for the safety of the child , in accordance with state and federal
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law, and clearly define what actions or precaut ions will, or may, be
necessary to provide for the safety 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 CH ILD WITH A SAFE HOME WITHIN THE
REASONABLE PERIOD SPECIFIED IN THE PLAN. IF YOU ARE UNWILLING OR
UNABLE TO PROVIDE YOUR CHILD WITH A SAFE HOME OR ATTEND COURT
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 this
section is committed for inpatient behavioral health or substance
abuse treatment pursuant to the Inpatient Mental Health and
Substance Abuse Treatment of Minor s Act, the individualized service
plan shall be amended as necessary and appropriate, including, but
not limited to, identification of the treatment and services to be
provided to the child and the child ’s family upon discharge of the
child from inpatient behavioral health or substance abuse treatment.
SECTION 2. AMENDATORY 10A O.S. 2021, Section 1 -4-809, is
amended to read as follows:
Section 1-4-809. A. At any time prior to or following the
adjudicatory hearing the court, on its own motion or upon the motion
of a party, may find that reasonable efforts to prevent the removal
of a child from home or to reunify the child and fami ly are not
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required if the court determines, based upon a preponderance of the
evidence, that:
1. The parent or legal guardian of the child, who is an i nfant
age twelve (12) months or younger, has abandoned the child;
2. The parent or legal guardian of the child has:
a. committed murder or manslaughter of any child,
b. aided or abetted, at tempted, conspired, or solicited
to commit the murder or manslaugh ter of any child,
c. committed a felony assault upon any child that
resulted in the child receiving serious bodily injury,
or
d. subjected any child to aggravated circumstances
including, but not limited to, heinous and shocking
abuse or heinous and shocki ng neglect;
3. The parental rights of a parent to the child ’s sibling have
been terminated involuntarily;
4. The parent has been found by a court of competent
jurisdiction to have committ ed sexual abuse against the child or
another child of the parent; o r
5. The parent is required to register with a sex offender
registry pursuant to Section 113(a) of the Adam Walsh Child
Protection and Safety Act of 2006, 42 U.S.C., Section 16913(a).
B. The court shall conduct a permanency hearing within thirty
(30) days of a determination by the court that any of the conditions
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specified in subsection A of this section exist. Reasonable efforts
shall be made to place the child in a timely manner in acco rdance
with the permanency plan. If the child is an abandoned infa nt age
twelve (12) months or younger as described in paragraph 1 of
subsection A of this section, a timely manner for purposes of this
paragraph means three (3) months after the court has m ade the
determination.
SECTION 3. This act shall become effective November 1, 2023.
59-1-408 TEK 1/19/2023 2:09:06 PM