of voluntary foster care.
The Indian child may be placed in voluntary
foster care with either Oklahoma Department of Human Services (DHS) or the
tribe at the request of the parent or legal guardian. Voluntary foster care:
(1) is available as a preventive and
protective service to enhance family functioning without court intervention,
per Oklahoma Administrative Code
(2) may be approved for an
initial period of 30 - calendar days and extended up to a maximum of 90 -
calendar days when reunification appears likely without court intervention
during that time. Court intervention is required when foster care is required
beyond 90 - calendar days.
Tribe's responsibilities for
voluntary foster care.
Indian child welfare (ICW) worker places the child in voluntary foster care,
the tribe obtains a written voluntary foster care agreement.
(A) The agreement does not require court
action, and the child is returned to the parent or guardian upon request. When
the parent or guardian fails to meet the terms of the agreement or cannot be
located, court involvement is required.
(B) The tribe submits to DHS tribal program
staff Form 04TB004E, Indian Child Welfare Program Referral, and a memo
requesting approval for voluntary foster care.
The child's tribe notifies DHS tribal
program staff when:
(A) the child leaves the
(B) court action is
Evidence gathered during the Indian child's voluntary foster care
episode. The ICW worker or DHS child welfare specialist advises the
parent, Indian custodian, or legal guardian at the time of the child's
placement that any evidence gathered during the time the child is placed in
voluntary foster care may be used as a basis for court action, per Section
1-7-112 of Title 10A of the Oklahoma Statutes.
Okla. Admin. Code §
Added at 19 Ok Reg
2209, eff 6-27-02; Amended at 23 Ok Reg 1024, eff 5-11-06; Amended at 24 Ok Reg
1044, eff 6-1-07; Amended at 30 Ok Reg 839, eff
Register, Volume 33, Issue 24, September 1, 2016, eff.
amended version of this section by
Register, Volume 38, Issue 24, September 1, 2022 eff.
9/15/2022 is not yet