{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-4-805","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-4-805","heading":"Change in foster or group home placement","body":"A. If a child placed in the custody of a child-placing agency\n\nor in the custody of the Department of Human Services by the court\n\nhas resided with a foster parent or group home for three (3) or more\n\nmonths:\n\n1. Except in an emergency, the Department or child-placing\n\nagency shall:\n\na. give a minimum of five (5) judicial days' advance\n\nnotice to the foster parent or group home and to the\n\ncourt before removing a child from such foster\n\nplacement, and\n\nb. at the time of such notification, provide the foster\n\nparent or group home with a written statement of the\n\nreasons for removing a child;\n\n2. An oral or written opinion may be provided to the court by a\n\nparty, foster parent or representative of a group home where a child\n\nis placed in support of or in opposition to any change in the\n\nchild's placement that is planned or under consideration by the\n\nDepartment or child-placing agency;\n\n3. The court shall resolve any concerns raised by a party,\n\nfoster parent or group home representative regarding a planned\n\nchange in the child's placement during any hearing in which the\n\nconcerns are brought to the attention of the court or the court may\n\nschedule an informal placement review hearing that shall be heard\n\nwithin fifteen (15) judicial days from the date the concerns are\n\nbrought to the attention of the court. The court may, in its\n\ndiscretion, stay a proposed change in placement until the informal\n\nplacement review hearing is held; and\n\n4. The foster parent or group home representative shall, at any\n\nhearing, be entitled to submit to the court written reports or\n\npresent testimony concerning the strengths, needs, behavior,\n\nimportant experiences, and relationships of the child, in addition\n\nto such other information the court may request.\n\nB. When a child is placed in the custody of the Department or\n\nany child-placing agency, the Department or child-placing agency\n\nshall have discretion to determine an appropriate foster placement\n\nfor the child. Except as provided in this section, the Department\n\nor child-placing agency may remove a child in its custody from a\n\nfoster placement whenever the Department or child-placing agency\n\ndetermines that removal is in the best interests of the deprived\n\nchild.\n\nC. 1. In order to promote stability for foster children and\n\nlimit repeated movement of such children from one foster placement\n\nto another, the Department or child-placing agency, except as\n\notherwise provided by this subsection, shall not change the foster\n\nhome or group home placement of a child without the approval of the\n\ncourt in the following circumstances:\n\na. the court or other party receiving notice from the\n\nDepartment of the movement of the child has filed a\n\nwritten request for an informal hearing, as provided\n\nin Section 1-4-804 of this title,\n\nb. the court has stayed a planned change in a child's\n\nplacement pending a judicial review due to a verbal or\n\nwritten objection made by a party or by a foster\n\nparent or group home representative during a court\n\nproceeding, or\n\nc. a foster parent or representative of a group home with\n\nwhom the child has resided for more than six (6)\n\nmonths objects, in writing pursuant to the provisions\n\nof this subsection, after notice of the removal of the\n\nchild by the Department or the child-placing agency.\n\n2. The objection shall be filed with the court by the foster\n\nparent or group home and served on the Department or child-placing\n\nagency within five (5) judicial days after receipt of the notice\n\nfrom the Department or child-placing agency regarding removal of the\n\nchild. The court shall provide for notice to other parties in the\n\ncase.\n\n3. Timely filing and service of the objection shall stay\n\nremoval of the child pending review of the court unless the\n\nDepartment's or child-placing agency's stated reason for removal is\n\ndue to an emergency. As used in this paragraph, \"emergency\" means a\n\nremoval that is:\nnt or child-placing agency regarding removal of the\n\nchild. The court shall provide for notice to other parties in the\n\ncase.\n\n3. Timely filing and service of the objection shall stay\n\nremoval of the child pending review of the court unless the\n\nDepartment's or child-placing agency's stated reason for removal is\n\ndue to an emergency. As used in this paragraph, \"emergency\" means a\n\nremoval that is:\n\na. pursuant to an order of the court entered during or\n\nfollowing a hearing including, but not limited to, an\n\norder authorizing placement of a child with a parent\n\nor sibling,\n\nb. at the request of the foster parent or group home,\n\nc. for emergency medical or behavioral health treatment,\n\nd. due to substantial noncompliance by the foster parent\n\nor group home with applicable contract requirements\n\nand agreements such that the health, safety, or\n\nwelfare of the child is in imminent danger, or\n\ne. due to a pending investigation of allegations of abuse\n\nor neglect of a child by a foster parent or other\n\nperson residing in the foster family home or group\n\nhome.\n\n4. The court shall conduct an informal placement review hearing\n\nwithin fifteen (15) judicial days on any objection filed by a party,\n\nfoster parent or group home pursuant to this section. The court may\n\norder that the child remain in or be returned to the home of the\n\nobjecting foster parent or group home if the court finds that the\n\nplacement decision of the Department or child-placing agency was\n\narbitrary, inconsistent with the child's permanency plan or not in\n\nthe best interests of the child.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f08e143b6240596c0a976d3326f530ea579268ba07b9c27fd978056a24455241","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-4-804","next":"us-ok/okla.-stat.-tit.-10a-10a-1-4-806"},"notice":"GroundRules: Original legal text. Not legal advice."}