Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 75 - Licensing Services › Subchapter 6 - Permanency Planning › Part 1 - GENERAL PROVISIONS › Section 340:75-6-4 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms when used in Section 1-1-105
					 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-105) or in this
					 Subchapter have the following meanings unless the context clearly indicates
					 otherwise:
"Age-appropriate"
or
"developmentally-appropriate"
means:
(A) activities or items that are generally accepted as
					 suitable for children of the same age or level of maturity or that are
					 determined to be developmentally-appropriate for a child, based on the
					 development of cognitive, emotional, physical, and behavioral capacities that
					 are typical for an age or age group; and
(B) in the case of a specific child, activities or items
					 that are suitable for that child based on the developmental stages attained by
					 the child with respect to the cognitive, emotional, physical, and behavioral
					 capacities of the specific child.
"Alleged father"
means
a man who
					 alleges himself to be, or is alleged to be, the genetic father or a possible
					 genetic father of a child, but whose paternity has not been
					 determined
. The term does not include a presumed father per 10 O.S.
					 § 7700-102.
"Child advocacy center"
means an entity that
					 is an associate or full member in good standing with the National Children's
					 Alliance.
"Concurrent permanency planning"
means when
					 indicated, the implementation of two plans for a child entering out-of-home
					 placement. One plan focuses on reuniting the parent and child; the other seeks
					 to find a permanent out-of-home placement for the child and both plans are
					 pursued simultaneously.
"Kinship care"
means full-time care of a child
					 by a kinship relation.
"Kinship relation"
means relatives,
					 stepparents, or other responsible adults who have a bond or tie with the child
					 and to whom have been ascribed a family relationship role with the child or the
					 child's parent.
"Multidisciplinary team"
means any team of
					 three or more persons involved in the provision of services, treatment, or
					 both, to a child and the child's family and who meet to assess the progress on
					 the treatment and service plan.
"Permanent guardianship"
means a judicially
					 created relationship between a child, a kinship relation of the child, or other
					 adult per 10A O.S. 1-4-709.
"Presumed father"
means a man who, by
					 operation of law per 10 O.S. § 7700-204, is recognized as the father of a
					 child until that status is rebutted or confirmed in a judicial proceeding. A
					 man is presumed the father of a child when:
(A) he and the mother of the child are married to each
					 other and the child is born during the marriage;
(B) he and the mother of the child were married to each
					 other and the child is born within 300-calendar days after the marriage is
					 terminated by death, annulment, declaration of invalidity, dissolution of
					 marriage, or after decree of separation;
(C) before the birth of the child, he and the mother of the
					 child married each other in apparent compliance with law, even if the attempted
					 marriage is or could be declared invalid, and the child is born during the
					 invalid marriage or within 300-calendar days after its termination by death,
					 annulment, declaration of invalidity, or after a decree of separation, or
					 dissolution of marriage;
(D) after the birth of the child, he and the mother of the
					 child married each other in apparent compliance with law, whether the marriage
					 is or could be declared invalid, and he voluntarily asserted his paternity of
					 the child; and:
(i) the assertion is in a record with the Oklahoma State
					 Department of Health, Division of Vital Records or the Oklahoma Department of
					 Human Services (DHS);
(ii) he agreed to be and is named as the child's father on
					 the child's birth certificate; or
(iii) he promised in a record to support the child as his
					 own; or
(E) for the first two years of the child's life, he resided
					 in the same household with the child and openly held out the child as his own.
"Reasonable and prudent parent standard"
means
					 the standard characterized by careful and sensible parental decisions that
					 maintain the health, safety, and best interests of a child while at the same
					 time encouraging the emotional and developmental growth of the child. This
					 standard is used by the child's caregiver when determining whether to allow a
					 child to participate in extracurricular, enrichment, cultural, and social
					 activities. For purposes of this definition, the term "caregiver" means a
					 foster parent with whom a child in foster care has been placed, a
					 representative of a group home where a child has been placed, or a designated
					 official for a residential child care facility where a child in foster care has
					 been placed.
"Risk"
means the likelihood that an incident
					 of child abuse or neglect will occur in the future.
"Safety threat"
means the threat of serious
					 harm due to child abuse or neglect occurring in the present or in the very near
					 future and without the intervention of another person, a child would likely or
					 in all probability sustain severe or permanent disability or injury, illness,
					 or death.
"Sibling"
means a biologically or
					 legally-related brother or sister of a child. This includes an individual who
					 satisfies at least one of the conditions in (A) or (B) with respect to a child.
					 The individual:
(A) is considered by state law to be a child's sibling;
					 or
(B) would be considered a sibling under state law except
					 for a termination or other disruption of parental rights, such as the
					 parent(s)' death.
"Successful adulthood program"
means a program
					 specifically designed to assist a child in DHS custody or tribal custody in
					 developing and enhancing the skills and abilities necessary for successful
					 adult living, per 10A O.S. § 1-9-107.
"Trafficking in persons"
means sex trafficking
					 or severe forms of trafficking in persons:
(A) "sex trafficking" means the recruitment, harboring,
					 transportation, provision, obtaining, patronizing, or soliciting of a person
					 for the purpose of a commercial sex act; and
(B) "severe forms of trafficking in persons" means:
(i) sex trafficking in which a commercial sex act is
					 induced by force, fraud, or coercion, or in which the person induced to perform
					 such act has not attained 18 years of age; or
(ii) the recruitment, harboring, transportation, provision,
					 obtaining, patronizing, or soliciting of a person for labor or services,
					 through the use of force, fraud, or coercion for the purpose of subjection to
					 involuntary servitude, peonage, debt bondage, or slavery.
"Transitional living program"
means a
					 residential program that may be attached to an existing facility or operated
					 solely for the purpose of assisting children to develop the skills and
					 abilities necessary for successful adult living. The program may include, but
					 shall not be limited to, reduced staff supervision, vocational training,
					 educational services, employment and employment training, and other appropriate
					 independent living skills training as a part of the transitional living
					 program.
"Young adult"
means a person age 18 through 22
					 years of age who is eligible to participate in the Successful Adulthood
					 program.
"Youth"
means a child 13 through 17 years of
					 age.
Added at 13 Ok Reg
					 3669, eff 4-29-96 (emergency); Added at 14 Ok Reg 630, eff 12-12-96
					 (emergency); Added at 14 Ok Reg 2288, eff 6-12-97; Amended at 15 Ok Reg 211,
					 eff 11-1-97 (emergency); Amended at 15 Ok Reg 909, eff 12-16-97 (emergency);
					 Amended at 15 Ok Reg 1663, eff 5-11-98; Amended at 16 Ok Reg 102, eff 10-13-98
					 (preemptive); Amended at 18 Ok Reg 393, eff 12-8-00 (emergency); Amended at 18
					 Ok Reg 3067, eff 7-12-01; Amended at 19 Ok Reg 402, eff 12-1-01 (emergency) ;
					 Amended at 19 Ok Reg 1129, eff 5-13-02; Amended at 22 Ok Reg 339, eff 12-7-04
					 (emergency); Amended at 22 Ok Reg 840, eff 5-12-05; Amended at 25 Ok Reg 1953,
					 eff 7-1-08; Amended at 26 Ok Reg 884, eff 5-15-09; Amended at 27 Ok Reg 1092,
					 eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10; Amended at 28
					 Ok Reg 894, eff 7-1-11