10A Okl.St.Ann. § 1-7-106

 

Oklahoma Statutes Annotated Currentness
Title 10A. Children and Juvenile Code
Article 1. Oklahoma Children's Code
Chapter 7. Persons/Agencies Receiving Custody-Rights and Duties

§ 1-7-106. Legislative intent

A. When a child is placed into foster care, the child shall be placed with relatives, or other persons having a kinship relationship with the child, who are determined to be suitable, capable and willing to serve as caretakers for the child.

B. A placement shall be made that meets the treatment needs of the child and supports the case plan goals for that child and the family of that child, and is in the best interests of the child; provided however, if the child is determined to be an Indian Child, as defined by the federal and state Indian Child Welfare Acts, the placement preferences specified by Section 1915 of Title 25 of the United States Code and Section 40.2 of Title 10 of the Oklahoma Statutes shall apply.

CREDIT(S)

Laws 1996, c. 353, § 2, eff. Nov. 1, 1996; Laws 1997, c. 389, § 9, eff. Nov. 1, 1997; Laws 1998, c. 414, § 2, emerg. eff. June 11, 1998. Renumbered from Title 10, § 7202 and amended by Laws 2009, c. 233, §§ 93, 280, emerg. eff. May 21, 2009.

HISTORICAL AND STATUTORY NOTES

2009 Main Volume

The 1997 amendment, in paragraph 4, inserted the designations of subparagraphs a and b, in subparagraph a substituted "the child" for "such child" where first appearing, deleted "whenever possible and" following "placed,", and inserted "and well-being" and ", capable and willing", and added subparagraph c; in paragraph 6, added "pursuant to the conditions and restrictions of the Oklahoma Foster Care and Out-of-Home Placement Act"; and in paragraph 8, in the first sentence, inserted "pursuant to the conditions and restrictions of the Oklahoma Foster Care and Out-of-Home Placement Act,".

The 1998 amendment, in paragraph 5, inserted "or foster home", inserted paragraphs 6 to 8, and redesignated former paragraphs 6 to 8 as paragraphs 9 to 11, in paragraph 11, in the first sentence, inserted "and the Oklahoma Children's Code", deleted former paragraph 9, which prior thereto read:

"Foster parents have a limited but recognizable interest in the familial relationship they have established with a foster child who has been in their care and custody, and shall therefore be construed to be essential participants with regard to decisions related to the growth, development, care, protection and treatment of such children; and"

, redesignated former paragraph 10 as paragraph 12, and made other nonsubstantive changes.

Laws 2009, c.233, § 93, rewrote section, which prior thereto read:

"For purposes of the Oklahoma Foster Care and Out-of-Home Placement Act, it is the intent of the Legislature that:

"1. Parents have a natural, legal and moral right, as well as a duty, to care for and support their children, and such rights are protected by state and federal laws;

"2. The state has an interest in and a responsibility to children whose parents do not adequately provide proper care, supervision and protection for them. When circumstances within a family threaten a child's safety or welfare, or when such circumstances deprive a child of proper parental supervision, the state's interest in the child's welfare and in the protection of the public takes precedence over the natural right and authority of the parent;

"3. Parents have a duty and responsibility to take part in any treatment and service plan, or any other order of the court, which will enable the return of a child to the child's home or which will allow a child to remain in the child's own home when the parent is the perpetrator of abuse and neglect;

"4. a. When a child is placed into foster care, the child shall be placed, when the safety and well-being of the child can be assured, with relatives, or other persons having a kinship relationship with the child, who are determined to be suitable, capable and willing to serve as caretakers for the child.

"b. For a deprived child, a placement with suitable relatives or other persons having a kinship relationship with the child shall only be made when such placement is in the best interests of the child. For a delinquent child or a child in need of supervision, a placement with suitable relatives or other persons having a kinship relationship with the child shall only be made when such placement is in the best interests of the child and when such placement is consistent with the state's interest in the protection of the public.

"c. A kinship placement shall be made when the placement meets the treatment needs of the child and supports the case plan goals for that child and the child's family;

"5. Each child shall be assured the care, guidance, and supervision in a permanent home or foster home which will serve the best interests of the child's moral, emotional, mental, social, and physical well-being;

"6. When a child is placed in a foster home, the foster parent shall be allowed to integrate the child into the family setting, make the foster child an integral part of the family, and care for the foster child as the foster parent would for the foster parent's own child;

"7. When a child is placed in a foster home, the foster parent shall have a right to exercise parental substitute authority over the child. The ability to exercise parental substitute authority shall not be construed to authorize corporal punishment on the foster child by the foster parent;

"8. A foster parent has a recognizable interest in the familial relationship that the foster parent establishes with a foster child who has been in the foster parent's care and custody, and shall therefore be considered an essential participant with regard to decisions related to the care, supervision, guidance, rearing and other foster care services provided to such child;

"9. Permanent placement shall be achieved as soon as possible for every child in out-of-home placement pursuant to the conditions and restrictions of the Oklahoma Foster Care and Out-of-Home Placement Act;

"10. a. The best interests of the child shall be the standard for recommendations made by the Department of Human Services and the courts for deprived action determinations with regard to whether a child should be reunified with the child's family, should be permanently removed from the home, or should remain in the home in which the child has been abused or neglected.

"b. For delinquent children and children in need of supervision, the best interests of the child consistent with the state's interest in the protection of the public shall be the standard for recommendations made by the Department of Juvenile Justice and the courts for determinations with regard to whether a delinquent child or a child in need of supervision should be reunified with the child's family, should be permanently removed from the home, or should remain in the home;

"11. The goal of reunification of a child who has been adjudicated deprived with the parents or any other person responsible for the child's welfare shall be abandoned when, after a reasonable period of time, pursuant to the conditions and restrictions of the Oklahoma Foster Care and Out-of-Home Placement Act and the Oklahoma Children's Code, there is sufficient evidence that the conduct of the parents toward the child, or the conduct of the parents during the child's out-of-home placement, including, but not limited to, compliance with a treatment and service plan or court order, is determined not to be in the child's best interests, and abandonment of such goal is determined to be in the child's best interests. In such cases, the district attorney and the court shall provide for termination of parental rights in an expeditious manner if the grounds, situations or conditions exist to support termination of parental rights and the child is otherwise available for adoption; and

"12. When two or more children in foster care are siblings, every reasonable attempt should be made to place them in the same home. In making a permanent placement, such children should be placed in the same permanent home or, if the siblings are separated, should be allowed contact or visitation with other siblings; provided, however, the best interests of each sibling shall be the standard for determining whether they should be placed in the same foster placement or permanent placement, or allowed contact or visitation with other siblings."

10A Okl. St. Ann. § 1-7-106, OK ST T. 10A § 1-7-106

Current with chapters of the Second Regular Session of the 52nd Legislature    
(2010) effective September 1, 2010.                                            

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