{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-9-106","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-9-106","heading":"Kinship Foster Care Program","body":"A. There is hereby established a Kinship Foster Care Program in\n\nthe Department of Human Services.\n\nB. The Department shall establish, in accordance with the\n\nprovisions of this section, standards for becoming a kinship foster\n\ncare family.\n\nC. 1. When a child has been removed from the child's home and\n\nis in the care and custody of the Department, the Department shall\n\nattempt to place the child with a person determined by the\n\nDepartment to have a kinship relationship with the child if such\n\nplacement is in the best interests of the child.\n\n2. In determining a kinship placement for a child who has been\n\nremoved from the custody of a custodial parent and placed with the\n\nDepartment in emergency or protective custody, priority shall be\n\ngiven by the Department to the placement of the child with the\n\nnoncustodial parent of the child unless such placement is not in the\n\nbest interests of the child. If it is determined by the Department\n\nthat placement with the noncustodial parent is not in the best\n\ninterests of the child, placement shall be consistent with the\n\nprovisions of Section 1-4-204 of this title. The health, safety, or\n\nwelfare of a child shall be of paramount concern in any placement.\n\nD. 1. Upon the completion of the records search to ascertain\n\nif there is an Oklahoma record of criminal history for the\n\nprospective kinship foster parent or any other adult residing in the\n\nprospective kinship foster parent's home, and subject to any other\n\nstandards established by law or by the Department, a child may be\n\nplaced in the kinship home. A kinship foster parent shall not be\n\nentitled to any payments for providing foster care until such foster\n\nparent receives final approval from the Department to be a kinship\n\nfoster parent.\n\n2. Following placement, the Oklahoma State Bureau of\n\nInvestigation shall complete a national criminal history records\n\nsearch based upon submission of fingerprints for any kinship foster\n\nparent and any adult residing in the home of such parent, and shall\n\nmake the results of the records search available to the Department\n\npursuant to the provisions of the Oklahoma Child Care Facilities\n\nLicensing Act, and applicable state and federal law. The Director\n\nof Human Services or designee may authorize an exception to the\n\nfingerprinting requirement for an adult residing in the kinship\n\nfoster care home who has a severe physical condition which precludes\n\nthe person from being fingerprinted.\n\n3. The Department shall maintain the confidentiality of the\n\nrecords search results and shall use the results only for purposes\n\nof determining a person's eligibility to become a kinship foster\n\nparent.\n\n4. It shall be unlawful, except for the purpose of determining\n\na person's eligibility for kinship foster care, for any person to\n\ndisclose information obtained under this subsection.\n\n5. Any person violating the provisions of this subsection shall\n\nbe guilty of a misdemeanor.\n\nE. A person related by blood, marriage, adoption, and by tie or\n\nbond to a child, and/or to whom has been ascribed a family\n\nrelationship role with the child's parents or the child may be\n\neligible for approval as a kinship foster care parent.\n\nF. The Department shall determine whether the person is able to\n\neffectively care for the foster child by:\n\n1. Reviewing personal and professional references;\n\n2. Observing during a visit to the home of the kinship foster\n\ncare family; and\n\n3. Interviewing the kinship foster care parent.\n\nG. 1. When the kinship foster parent is finally approved by\n\nthe Department, in accordance with applicable state and federal law\n\nand rules promulgated by the Commission for Human Services regarding\n\nfoster care services, the kinship foster care family shall be\n\neligible to receive payment for the full foster care rate for the\n\ncare of the child and any other benefits that might be available to\n\nfoster parents, whether monetary or in services.\napproved by\n\nthe Department, in accordance with applicable state and federal law\n\nand rules promulgated by the Commission for Human Services regarding\n\nfoster care services, the kinship foster care family shall be\n\neligible to receive payment for the full foster care rate for the\n\ncare of the child and any other benefits that might be available to\n\nfoster parents, whether monetary or in services.\n\n2. If a child is placed with a kinship foster parent prior to\n\nthe home’s final approval as a foster care home, the Department\n\nshall immediately refer the child and family for assistance through\n\nthe Temporary Assistance for Needy Families Program.\n\nH. 1. The Department and the kinship foster care parent shall\n\ndevelop a plan for the care of the child, which shall be\n\nperiodically reviewed and updated.\n\n2. The kinship foster parent shall cooperate with any\n\nactivities specified in the case plan for the child including, but\n\nnot limited to, counseling, therapy, court sessions, visits with the\n\nchild's parents or other family members, and training.\n\nI. The Commission for Human Services shall promulgate rules\n\nnecessary to carry out the provisions of this section.","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":"f5a0da7b1fd345b712e6bfe7d761dbe570ce7b6d161edaab78713a1688164948","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-9-105","next":"us-ok/okla.-stat.-tit.-10a-10a-1-9-107"},"notice":"GroundRules: Original legal text. Not legal advice."}