{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-4-811","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-4-811","heading":"Permanency hearing and findings","body":"A. 1. The court shall conduct a permanency hearing to\n\ndetermine the appropriate permanency goal for the child and to order\n\ncompletion of all steps necessary to finalize the permanent plan.\n\nThe hearing shall be held no later than:\n\na. six (6) months after placing the child in out-of-home\n\nplacement and every six (6) months thereafter, and\n\nb. thirty (30) days after a determination by the court\n\nthat reasonable efforts to return a child to either\n\nparent are not required pursuant to the provisions of\n\nSection 1-4-809 of this title.\n\n2. A child shall be considered to have entered out-of-home\n\nplacement on the earlier of:\n\na. the adjudication date, or\n\nb. the date that is sixty (60) days after the date on\n\nwhich the child is removed from the home.\n\n3. Subsequent permanency hearings shall be held at least every\n\nsix (6) months for any child who continues to be in an out-of-home\n\nplacement. At the request of a party, the Department of Human\n\nServices, or on the motion of the court, the initial and subsequent\n\npermanency hearings may be held more frequently.\n\n4. At each permanency hearing, the court may consider testimony\n\nof any person who has relevant information about the status of the\n\nchild or the status of the treatment plan. All parties shall have\n\nthe opportunity to present evidence and to cross-examine witnesses.\n\nThe rules of evidence shall not apply to permanency hearings and all\n\nevidence helpful in determining the proper permanency goal shall be\n\nconsidered including, but not limited to, oral and written reports,\n\nwhich may be admitted and may be relied upon to the extent of their\n\nprobative value, even though not competent for the purposes of the\n\nadjudicatory hearing.\n\n5. The permanency plan for the child in transition to a\n\nsuccessful adulthood shall be developed in consultation with the\n\nchild and, at the option of the child, with up to two members of the\n\npermanency planning team to be chosen by the child, excluding the\n\nfoster parent and caseworker for the child, subject to the following\n\nprovisions:\n\na. one individual selected by the child may be designated\n\nto be the advisor and, as necessary, advocate of the\n\nchild, with respect to the application of the\n\nreasonable and prudent parent standard to the child,\n\nand\n\nb. the Department of Human Services may reject an\n\nindividual selected by the child to be a member of the\n\npermanency planning team at any time if the Department\n\nhas good cause to believe that the selected individual\n\nwould not act in the best interests of the child.\n\nB. A permanency hearing may be held concurrently with a\n\ndispositional or review hearing.\n\nC. If a foster parent, preadoptive parent, or relative is\n\ncurrently providing care for a child, the Department shall give the\n\nfoster parent, preadoptive parent, or relative notice of a\n\nproceeding concerning the child. A foster parent, preadoptive\n\nparent, or relative providing care for a child has the right to be\n\nheard at the proceeding. Except when allowed to intervene, the\n\nfoster parent, preadoptive parent, or relative providing care for\n\nthe child is not considered a party to the juvenile court proceeding\n\nsolely because of notice and the right to be heard at the\n\nproceeding.\n\nD. At the hearing, the court shall determine or review the\n\ncontinued appropriateness of the permanency plan of the child and\n\nwhether a change in the plan is necessary, the date by which the\n\ngoal of permanency for the child is scheduled to be achieved, and\n\nwhether the current placement of the child continues to be the most\n\nsuitable for the health, safety, and welfare of the child. The\n\ncourt shall also, in an age-appropriate manner, inquire or cause\n\ninquiry to be made of the child regarding the proposed permanency\n\nplan and if the child is age fourteen (14) or older, the planning\n\nfor the transition of the child to a successful adulthood.\ned, and\n\nwhether the current placement of the child continues to be the most\n\nsuitable for the health, safety, and welfare of the child. The\n\ncourt shall also, in an age-appropriate manner, inquire or cause\n\ninquiry to be made of the child regarding the proposed permanency\n\nplan and if the child is age fourteen (14) or older, the planning\n\nfor the transition of the child to a successful adulthood.\n\nE. A transcript shall be made of each permanency hearing or the\n\nproceeding shall be memorialized by appropriate written findings of\n\nfacts, and the court having considered all relevant information\n\nshall order one of the following permanency plans for the child:\n\n1. Reunification with the parent, parents, or legal guardian of\n\nthe child where:\n\na. reunification can be expected to occur within an\n\nestablished time frame that is consistent with the\n\ndevelopmental needs of the child, and\n\nb. the health and safety of the child can be adequately\n\nsafeguarded if returned home;\n\n2. Placement for adoption after the rights of the parents have\n\nbeen terminated or after a petition has been filed to terminate\n\nparental rights;\n\n3. Placement with a person who will be the permanent guardian\n\nof the child and is able to adequately and appropriately safeguard\n\nthe health, safety, and welfare of the child; or\n\n4. a. Placement in the legal custody of the Department under\n\na planned alternative permanent placement, provided\n\nthe child is age sixteen (16) or older and there are\n\ncompelling reasons documented by the Department and\n\npresented to the court at each permanency hearing that\n\ninclude the intensive, ongoing and, as of the date of\n\nthe hearing, unsuccessful efforts made to:\n\n(1) return the child home, or\n\n(2) place the child with a fit and willing relative,\n\nincluding adult siblings, a legal guardian, or an\n\nadoptive parent, and\n\n(3) find biological family members for the child\n\nutilizing search technology, including social\n\nmedia.\n\nb. The Department shall also document at each permanency\n\nhearing the steps taken, including inquiry of the\n\nchild in an age-appropriate manner, to ensure that:\n\n(1) the foster family home of the child or facility\n\nwhere the child is placed is following the\n\nreasonable and prudent parent standard, and\n\n(2) the child has regular, ongoing opportunities to\n\nengage in age-appropriate or developmentally\n\nappropriate activities.\n\nc. When a planned alternative permanent placement is the\n\ncourt-ordered permanency plan for the child, the court\n\nshall at each permanency hearing:\n\n(1) ask the child about the permanency outcome the\n\nchild desires, and\n\n(2) make a judicial determination, as of the date of\n\nthe hearing, why a planned alternative permanent\n\nplacement is the best permanency plan for the\n\nchild and provide compelling reasons why it\n\ncontinues to not be in the best interests of the\n\nchild to return home or be placed for adoption\n\nwith a legal guardian or with a fit and willing\n\nrelative.\n\nF. In addition to the findings required under subsection E of\n\nthis section, the court shall also make written findings related to:\n\n1. Whether the Department has made reasonable efforts to\n\nfinalize the permanency plan that is in effect for the child and a\n\nsummary of the efforts the Department has made; or, in the case of\n\nan Indian child, whether the Department has made active efforts to\n\nprovide remedial services and rehabilitative programs as required by\n\n25 U.S.C., Section 1912(d);\n\n2. If the permanency plan is for the child to remain in out-of-\n\nhome care, whether the child's out-of-home placement continues to be\n\nappropriate and in the best interests of the child;\n\n3. If the current placement is not expected to be permanent,\n\nthe court's projected timetable for return home or for placement in\n\nan adoptive home with a guardian, or another planned permanent\n\nliving arrangement; and\nthe permanency plan is for the child to remain in out-of-\n\nhome care, whether the child's out-of-home placement continues to be\n\nappropriate and in the best interests of the child;\n\n3. If the current placement is not expected to be permanent,\n\nthe court's projected timetable for return home or for placement in\n\nan adoptive home with a guardian, or another planned permanent\n\nliving arrangement; and\n\n4. Whether reasonable efforts, in accordance with the safety or\n\nwell-being of any child, have been made to:\n\na. place siblings, who have been removed, together in the\n\nsame foster care, guardianship, or adoptive placement,\n\nand\n\nb. provide for frequent visitation or other ongoing\n\ninteraction in the case of siblings who have been\n\nremoved and who are not placed together.\n\nG. The court may make appropriate orders to ensure timely\n\nimplementation of the permanency plan and shall order the plan to be\n\naccomplished within a specified period of time.","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":"824e2fdfd99e2caf29f583cc5ab94fce52d4e59186ffabcee23881b1ff8527c9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-4-810","next":"us-ok/okla.-stat.-tit.-10a-10a-1-4-812"},"notice":"GroundRules: Original legal text. Not legal advice."}