Reinstatement of Parental Rights: The Oklahoma Experience

1. Reinstatement of Parental Rights: The Oklahoma Experience Presented by: Judge Doris Fransein Richard, Ro�derick, and Richard Jr. Hampton Kimberly Lynn Amy White November 29, 2011

2. Agenda Statute History and Requirements OKDHS Requirements Family Perspective Judicial Perspective Lessons Learned Questions and Answers

3. History 5/21/2009: Statute Section�1-4-909 - Request by Child for Reinstatement of Terminated Parental Rights was signed into law Was included in a total re-write of the Oklahoma�s Children�s Code

4. History (cont.) Based upon case review and after hearing of other state�s reinstatement of parental rights statutes, OK made decision to pursue this statute Major reason was addressing permanency for older youth who were likely to exit care without permanency

5. History (cont.) Knew that many youth would return to parents when turned 18 Wanted a way for OKDHS to provide services and support before they turned 18 in order for this reunification to be successful

6. Requirements Based upon an application of the youth through his or her attorney Requirements: The youth was previously found to be a deprived child; The parent�s rights were terminated in a proceeding under Title 10A of the Oklahoma Statutes; The youth has not achieved his or her permanency plan within three (3) years of a final order of termination; and The youth is at least fifteen (15) years old at the time the application is filed.

7. Preliminary Hearing A preliminary hearing is held where evidence is presented in support of reinstatement; If Judge agrees, the parental rights are conditionally reinstated; Youth is placed in custody of parent with OKDHS supervision

8. Court Considerations Is the parent fit and remedied the conditions which resulted in the termination? Based on the age and maturity of the child, is the youth able to express his or her preference? Is there a risk to the health, safety, or welfare of the youth? Other material changes in circumstances, if any, that may have occurred which warrant the granting of the application. What efforts were made by OKDHS to achieve the permanency plan, including efforts to achieve adoption or a permanent guardianship? Whether the parent whose rights are to be reinstated is a fit parent and has remedied the conditions as provided in the record of the prior termination proceedings and prior termination order; The age and maturity of the child, and the ability of the child to express his or her preference; Whether the reinstatement of parental rights will present a risk to the health, safety, or welfare of the child; and Other material changes in circumstances, if any, that may have occurred which warrant the granting of the application. In determining whether the child has or has not achieved his or her permanency plan, the Department shall provide the court, and the court shall review, information related to any efforts to achieve the permanency plan including efforts to achieve adoption or a permanent guardianship. Whether the parent whose rights are to be reinstated is a fit parent and has remedied the conditions as provided in the record of the prior termination proceedings and prior termination order; The age and maturity of the child, and the ability of the child to express his or her preference; Whether the reinstatement of parental rights will present a risk to the health, safety, or welfare of the child; and Other material changes in circumstances, if any, that may have occurred which warrant the granting of the application. In determining whether the child has or has not achieved his or her permanency plan, the Department shall provide the court, and the court shall review, information related to any efforts to achieve the permanency plan including efforts to achieve adoption or a permanent guardianship.

9. Actions during 6 month period After the preliminary hearing, OKDHS develops a permanency plan that includes the plan to be reunification and provides transition services to the family as appropriate. If the child must be removed from the parent due to abuse or neglect allegations prior to the expiration of the conditional six-month period, the court dismisses the application for reinstatement of parental rights if the court finds the allegations have been proven by a preponderance of the evidence.

10. Six Month Hearing The court holds a hearing after the youth has been placed with the parent for six (6) months. If the placement with the parent has been successful, the court enters a final order of reinstatement of parental rights, which restores all rights, powers, privileges, immunities, duties, and obligations of the parent to the child, including those relating to custody, control, and support of the child. The court closes the deprived action and directs the court clerk�s office to provide a certified copy of the final order of reinstatement of parental rights to the parent at no cost.

11. Special items Identifies this as a separate action from the termination of parental rights proceeding and does not vacate the original termination of parental rights. The order granted acknowledges that the conditions of the parent and child have changed and that reunification is now appropriate. This section applies to any youth in OKDHS custody at the time of application. Includes a removal from liability clause for the district attorneys and OKDHS. A proceeding to reinstate parental rights is a separate action from the termination of parental rights proceeding and does not vacate the original termination of parental rights. An order granted under this section reinstates the parental rights to the child and acknowledges that the conditions of the parent and child have changed since the time of the termination of parental rights and that reunification is now appropriate. This section is retroactive and applies to any child who is under the jurisdiction of the district court as a deprived child at the time of the hearing to reinstate parental rights regardless of the date when parental rights were terminated. The district attorney, the Department, and its employees are not liable for civil damages resulting from any act or omission in providing services under this section unless the act or omission constitutes gross negligence. This section does not create any duty and shall not be construed to create a duty where none exists. This section does not create a cause of action A proceeding to reinstate parental rights is a separate action from the termination of parental rights proceeding and does not vacate the original termination of parental rights. An order granted under this section reinstates the parental rights to the child and acknowledges that the conditions of the parent and child have changed since the time of the termination of parental rights and that reunification is now appropriate. This section is retroactive and applies to any child who is under the jurisdiction of the district court as a deprived child at the time of the hearing to reinstate parental rights regardless of the date when parental rights were terminated. The district attorney, the Department, and its employees are not liable for civil damages resulting from any act or omission in providing services under this section unless the act or omission constitutes gross negligence. This section does not create any duty and shall not be construed to create a duty where none exists. This section does not create a cause of action

12. OKDHS Instructions to Staff Prior to the Child Welfare (CW) worker contacting the child's attorney, the Child Welfare (CW) supervisor consults with the Child Welfare Field Liaison and Children and Family Services Division (CFSD) Permanency Planning Section to obtain approval to proceed when the: youth meets all the requirements as stated in the statute; youth states that he or she wants his or her parental rights reinstated; CW worker has conducted a home visit with the parent and the parent has expressed a desire to have their parental rights reinstated; CW worker has completed: a Child Abuse and Neglect search to determine any recent child abuse and neglect history; a name-based background check to determine any recent criminal activity; contact with three personal references of the parent to determine parent's current functioning; and Form 04KI028E, Family Functional Assessment, to assess current functioning of the parent.

13. Documentation OK had to do an enhancement to the SACWIS system to allow for documentation of reinstatement

14. Family Perspective Richard, Ro�Derick and Richard Jr.

15. Court Perspective Judge Doris Fransein

16. CW Specialist�s Perspective Kimberly Lynn

17. Lessons Learned Consider sibling language that allows younger siblings to have rights reinstated also Consider language that allows exceptions re: age�.what if a youth is 14.5 months�.have to wait to 15 years of age

18. Barriers In OK, the district attorney�s office files the petition for termination�many opposed as they felt that they did not want their efforts to be undone by this action.

19. Data Since 2009 There have been eight cases that include ten youth where parental rights have been reinstated; There have been two cases so far that included siblings under the age of 15 who have also been returned to the parent but had to be done in another manner, not through this statute.

20. Questions? Contact Information: Amy.White@okdhs.org (918)581-2190