{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-9-119.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-9-119.1","heading":"Rights of children being served by Child Welfare","body":"Services.\n\nA. A child being served by Child Welfare Services of the\n\nDepartment of Human Services is entitled to reasonable, good-faith\n\nefforts in order to be provided the following rights when doing so\n\nserves the child's best interest:\n\n1. Placement:\n\na. to remain in the custody of the child's parents or\n\nlegal custodians unless and until there has been a\n\ndetermination in accordance with state law that\n\nremoval is appropriate,\n\nb. to be placed, in accordance with state law, when\n\ncircumstances permit and in the following order of\n\npreference:\n\n(1) with an approved relative,\n\n(2) with an approved kinship placement,\n\n(3) with an approved resource family who has\n\npreviously cared for the child, and\n\n(4) with an approved resource family,\n\nc. to be placed in the nearest geographic proximity to\n\nthe home of the child as possible,\n\nd. to be placed with the child's sibling, when\n\nappropriate, if the sibling is also placed outside his\n\nor her home,\n\ne. to be placed, when appropriate, with a child of his or\n\nher own,\n\nf. to be placed, when possible, with a foster family that\n\ncan and is willing to accommodate the child's\n\ncommunication needs,\n\ng. to be provided with both information about a foster\n\nfamily or program and, when circumstances permit, an\n\nopportunity to meet the foster parent or program staff\n\nbefore placement occurs,\n\nh. to be provided, when possible, an age-appropriate\n\nexplanation why the child is in foster care and what\n\nis happening to the child and to the child's family,\n\nincluding siblings,\n\ni. to continue in the same school or educational\n\nplacement with minimal disruption in order to receive\n\nan education that fits the child's age and individual\n\nneeds,\n\nj. to be treated with dignity during placement changes.\n\n(1) Except when a change in placement is due to an\n\nemergency, a child and the child's attorney shall\n\nbe afforded five (5) judicial days' notice before\n\na change in placement.\n\n(2) Prior to any placement change, the impacted child\n\nshall be consulted when appropriate and advised\n\nin an age-appropriate manner of the circumstances\n\nand the reason for the placement change. The\n\nchild's input concerning the placement change\n\nshall be considered, taking the child's age and\n\ndevelopmental level into account, and\n\nk. to receive reasonable equipment and assistance to\n\ntransport personal possessions during placement\n\nchanges;\n\n2. Safety:\n\na. to live in a safe, healthy and comfortable home,\n\nb. to have adequate and appropriate clothing,\n\nc. to receive individualized medical, dental, vision,\n\nmental health and other required services by, when\n\nreasonably possible, a continuity of providers,\n\nd. to be free of unnecessary or excessive medication, and\n\ne. to report a potential violation of personal rights\n\nwithout fear of punishment, interference, coercion or\n\nother retaliation;\n\n3. Privacy:\n\na. to have an age-appropriate expectation of privacy in\n\naccordance with existing law as to person, property\n\nand communications,\n\nb. to freely exercise the child's own religious beliefs,\n\nincluding the refusal to attend any religious\n\nactivities and services, and\n\nc. to confidentiality of all juvenile court records\n\nconsistent with existing law;\n\n4. Communication:\n\na. to have written visitation plans with parents and\n\nsiblings in accordance with existing law,\n\nb. to begin visitation with parents and siblings in\n\naccordance with existing law,\n\nc. to have safe and reasonable communications, when\n\nappropriate and in accordance with existing law, with\n\nthe child's parents, siblings, extended family and\n\nfriends,\n\nd. to have regular and meaningful access to the child's\n\nattorney, guardian and court-appointed special\n\nadvocate,\n\ne. to communicate, in private if necessary, with any\n\ncourt and judge with personal jurisdiction of the\n\nchild. This shall include informing the court of\nthe child's parents, siblings, extended family and\n\nfriends,\n\nd. to have regular and meaningful access to the child's\n\nattorney, guardian and court-appointed special\n\nadvocate,\n\ne. to communicate, in private if necessary, with any\n\ncourt and judge with personal jurisdiction of the\n\nchild. This shall include informing the court of\n\ninadequate representation being provided by any\n\nattorney or other individual tasked with advocating on\n\nbehalf of the child,\n\nf. to be provided the opportunity to engage in regular,\n\nmeaningful and private communication with the child's\n\nassigned caseworker,\n\ng. to participate, in a manner consistent with the\n\nchild's age and developmental level and in accordance\n\nwith existing law, in the development of and any\n\nrevision to the child's service plan,\n\nh. to be presented, when appropriate and in accordance\n\nwith existing law, with the service plan for the\n\nchild's review and signature,\n\ni. when appropriate, to be notified of, attend and have\n\nthe opportunity to be heard in court hearings relating\n\nto the child's case and in family team meetings, and\n\nj. to have, in accordance with existing law, all of the\n\nchild's records available for review by the child's\n\nattorney and court-appointed special advocate if they\n\ndeem such review necessary; and\n\n5. Personal Growth:\n\na. to have fair and equal access to all available\n\nservices, placement, care, treatment and benefits, and\n\nto not be subjected to discrimination or harassment as\n\nensured by existing law,\n\nb. to engage in reasonable, age-appropriate day-to-day\n\nactivities, including extracurricular, enrichment and\n\nsocial activities, consistent with the most family-\n\nlike environment,\n\nc. to receive independent living and support services\n\nand, unless circumstances or existing law requires a\n\ndocument be obtained sooner, be provided\n\nidentification and permanent documents, including\n\nbirth certificate, Social Security card and health\n\nrecords by eighteen (18) years of age, to the extent\n\nallowed by federal and state law,\n\nd. the opportunity to work and develop job skills at an\n\nage-appropriate level that is consistent with state\n\nlaw, and\n\ne. to manage or have managed their personal earnings and\n\nfinancial resources in a manner consistent with the\n\nchild's age and developmental level.\n\nB. One or more of the enumerated rights in subsection A of this\n\nsection may conflict. Therefore, a balanced approach to protect\n\nthese rights shall be pursued that takes into account both the\n\nchild's unique circumstances and what is in the child's best\n\ninterest.\n\nC. A statement of the rights enumerated in this section shall\n\nbe provided to:\n\n1. Each child at the outset of entering foster care and at\n\nleast annually thereafter; and\n\n2. Any foster parent once a child in the custody of the\n\nDepartment enters the foster parent’s home and annually thereafter.\n\nD. Subsequent to the exhaustion of available administrative\n\nremedies as provided in Section 1-9-120 of Title 10A of the Oklahoma\n\nStatutes, any child aggrieved by a violation of these rights may\n\nseek intervention by a court with jurisdiction over the child to\n\nmake it aware of the grievance and obtain, if warranted, appropriate\n\nequitable relief. The court in its discretion may waive the prior\n\nexhaustion of administrative remedies. Nothing in this section,\n\nhowever, shall be construed to create a private cause of action or\n\nclaim on the part of any individual, the Department, the Office of\n\nJuvenile Affairs or any child-placing agency.","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":"6a0f46e5028ae804b744b1896c6bc8b6a20b1f68fe2bb5b5197a01eef28b2c79","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-9-119","next":"us-ok/okla.-stat.-tit.-10a-10a-1-9-120"},"notice":"GroundRules: Original legal text. Not legal advice."}