Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 75 - Licensing Services › Subchapter 15 - Adoptions › Part 6 - ADOPTION PROCESS › Section 340:75-15-41.1 - Adoption placement considerations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Sibling placement.
Every reasonable attempt is made to place
				  siblings together who were removed together whether in temporary or permanent
				  placement. When separated, siblings are provided frequent contact or
				  visitation, when appropriate. Each child's best interests determine if joint
				  placement, contact, or visitation is allowed. When the child is a part of a
				  sibling group, placement of the entire sibling group in the same placement is
				  in the child's and siblings' best interests. Guidance on when siblings may be
				  separated is found in Oklahoma Administrative Code (OAC)
				  340:75-6-85.
(b)
Indian Child Welfare Act (ICWA) and
				  placement.
The federal ICWA, Section 1915 of Title 25 of the United
				  States Code, Oklahoma (ICWA), Section
				  40.6 of
				  Title 10 of the Oklahoma Statutes (10 O.S. § 40.6), and OAC
				  340:75-19-14 define placement
				  preferences for Indian children, unless the child's tribe established a
				  different preference order by tribal resolution.
(c)
Multiethnic Placement Act (MEPA) of
				  1994.
The Oklahoma Department of Human Services (DHS) follows the MEPA
				  provisions and the Interethnic Provisions of 1996, per OAC
				  340:75-1-9, unless the court
				  finds that ICWA applies to the child.
(d)
Potential adoptive parent
				  age.
When a potential adoptive parent meets the minimum age required,
				  per OAC 340:75-7-12, DHS may not use the
				  age of an otherwise eligible individual as a reason for denial of placement,
				  per 10A O.S. § 1-4-705.
(e)
Child's placement preference.
In determining placement of a
				  deprived child in foster care, DHS is governed by the child's long-term best
				  interests. The child may express a preference as to placement and the
				  preference may be given with or without the parents, foster parents, guardians,
				  or any other parties being present. DHS determines if the child's best
				  interests are served by his or her preference. DHS is not bound by the child's
				  preference and may consider other facts in determining the placement, per 10A
				  O.S. § 1-7-110.
(f)
Bars
				  to placement.
(1) Per Section 1356.30
				  of Title 45 of the Code of Federal Regulations, does not approve potential
				  adoptive parents as resource parents when the applicant, or any person residing
				  in the potential applicant's home, has a criminal conviction record for any of
				  the felony offenses listed in (A) through (E). The felony offenses are:
(A) physical assault, battery, or a
				  drug-related offense within the five-year period preceding the date of the
				  petition;
(B) child abuse or
				  neglect;
(C) domestic
				  abuse;
(D) a crime against a child
				  including, but not limited to, child pornography; or
(E) a crime involving violence including, but
				  not limited to, rape, sexual assault, or homicide, but excluding those crimes
				  specified in paragraph (A) of this Subsection. Per Section 16 of Title 18 of
				  the United States Code, a crime involving violence means an offense that:
(i) has as an element the use, attempted use,
				  or threatened use of physical force against the person or property of another;
				  or
(ii) by its nature, involves a
				  substantial risk that physical force against the person or property of another
				  may be used in the course of committing the offense.