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Okla.
Admin. Code § 340:75-15-41
OKLAHOMA
ADMINISTRATIVE CODE
TITLE
340. DEPARTMENT OF HUMAN SERVICES
CHAPTER
75. CHILD WELFARE
SUBCHAPTER
15. ADOPTIONS
PART
6. ADOPTION PROCESS
340:75-15-41.
Adoptive placement criteria staffing
The adoption process is a team effort that includes the
adoption specialist and supervisor, adoption transition specialist and supervisor, Child
Welfare (CW) worker and supervisor, and service providers.
(1) Within 30 calendar days of the initial adoption
consultation, Form DCFS-2, Adoptive Placement Criteria Staffing, is completed on
any child with the goal of adoption to assist in
determining the type of placement that best meets the child's
needs. The assessment may identify a prospective adoptive parent(s)' ability
to meet the child's needs and addresses the legal status
and any legal barriers to adoption.
(2) Completion of the adoptive placement criteria staffing is
not approval for adoptive placement. A child for whom there
is no resource identified is referred to statewide adoption staffing.
Form DCFS-2 is completed for the child on all interested,
prospective caregivers. Factors considered when identifying the placement that best
meets the child's needs are described in (A) through (K).
(A) Siblings.
Siblings are placed together when possible. Siblings are separated in
adoptive placement only in certain circumstances, in accordance with OAC
340:75-6-85.2 and 340:75-15-43.
(B) Attachment.
The attachment of the child to the siblings, foster family,
and significant others is assessed and utilized as an indicator
of the child's ability to attach to an adoptive family.
(C) Age.
Age is evaluated in relation to the applicant's ability to
parent the child into adulthood.
(D) Health.
The health records of the prospective adoptive applicant must indicate
the applicant has the health to participate with the child
in normal developmental activities and parent the child into adulthood.
(E) Culture.
Oklahoma Department of Human Services (OKDHS) does not rely on
generalizations about the identity needs of children of a particular
race or ethnicity. OKDHS does not presume from the race
or ethnicity of the prospective adoptive applicant that he or
she would be unable to maintain the child's
ties to another racial, ethnic, or cultural community.
(F) Adoption
of an Indian child.
The child who meets the definition of an Indian child
under the federal and state Indian Child Welfare Act (ICWA),
Section 1901 of Title 25 of the United States Code
and Section 40 et seq. of Title 10 of the
Oklahoma Statutes, must be placed according to the placement preferences
per OAC 340:75-19-23. Prior to placing an Indian child in
a non-extended family or non-Indian family, the child's CW worker
must request that the court of adjudication conduct a good
cause hearing. ICWA requires that:
(i) a good cause hearing is set;
(ii) prior notice is given to all
parties, including the tribe; and
(iii) the court make a finding that
good cause exists to not follow the placement preferences of
ICWA.
(G) Religion.
The child is provided an opportunity for spiritual and moral
development. If the child has made a religious commitment or
the parent(s) has made a specific request, OKDHS makes a
reasonable effort to find an adoptive family of like faith.
(H) Language.
If the child's primary language is other than English, special
consideration is given to identifying an adoptive family fluent in
the same language as the child, including sign language for
a child who is hearing impaired.
(I) Education.
The child is given the opportunity to develop his or
her potential and will not be subjected to unrealistic academic
expectations.
(J) Geographic
location.
The child is placed in a locality where the child
and adoptive family are protected from identification and from undue
interference by the birth family. When foster parents or relatives
are considered as an adoptive family, this criterion is of
special significance. An assessment is made to determine the adoptive
parent(s)' ability to parent without undue interference.
(K) Resources.
The adoptive family must have adequate resources to meet the
child's financial, medical, health, educational, shelter, and emotional needs. Adoption
assistance is a resource for the child who meets eligibility
criteria, per OAC 340:75-15-128.
[Source:
Amended at 23 Ok Reg 1026, eff 5-11-06]
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