Oklahoma HB 1074: Children; requiring Department of Human Services to verify applicability and conduct nationwide search for placement purposes; effective date.

Bill Text

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STATE OF OKLAHOMA

1st Session of the 57th Legislature (2019)

HOUSE BILL 1074 By: Hill

AS INTRODUCED

An Act relating to children; amending 10A O.S. 2011,
Section 1-4-204, as last amended by Section 3,
Chapter 342, O.S.L. 2017 (10A O.S. Supp. 2018,
Section 1-4-204), which relates to determining
placement for a child in custody; requiring
Department of Human Services to verify applicability
of certain act; providing deadline for verification;
directing Department to conduct nationwide relative
search for placement purposes; setting time frame for
search; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2011, Section 1-4-204, as
last amended by Section 3, Chapter 342, O.S.L. 2017 (10A O.S. Supp.
2018, 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

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Child Welfare Act applies, the placement preferences of the act
shall be followed. The Department shall verify applicability of the
Indian Child Welfare Act within three (3) months of the child being
taken into custody.
2. When two or more children are siblings, every reasonable
attempt shall be made to place the siblings in the same home, except
as provided in paragraph 3 of this subsection. 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. Siblings may be separated if the court and the Department
find that placement of siblings together would be contrary to the
safety or well-being of any of the siblings, and:
a. one sibling has resided in a foster family home for
six (6) or more months and has established a
relationship with the foster family,
b. the siblings have never resided in the same home
together,
c. there is no established relationship between the
siblings, or

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d. it is in the best interests of the child to remain in
the current foster family home placement.
B. 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:
1. 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;
2. The ability of the person being considered to support the
efforts of the Department to implement the permanent plan for the
child;
3. 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;
4. 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;
5. 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;

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6. The wishes of the parent, the relative, and the child, if
appropriate;
7. 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
8. The best interests of the child.
C. 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; however, a nationwide relative search shall
be conducted by the Department within three (3) months of the child
being taken into custody.
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