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Library: Policy

340:75-1-18.4. Reasonable efforts not required determination

1 & 2

Revised 7-1-13

(a) At any time prior to or following the adjudicatory hearing, the court, on its own motion, or upon the motion of a party, may find that reasonable efforts to prevent the removal of a child from home or to reunite the child with the family are not required, when the court determines, per Section 1-4-809 of Title 10A of the Oklahoma Statutes, that the:

  • (1) parent or legal guardian of the child who is an infant 12 months of age or younger has abandoned the child;

  • (2) child's parent or legal guardian has:

    • (A) committed murder or manslaughter of any child;

    • (B) aided or abetted, attempted, conspired, or solicited to commit voluntary manslaughter of any child;

    • (C) committed a felony assault upon any child that resulted in the child receiving serious bodily injury; or

    • (D) subjected any child to aggravated circumstances including, but not limited to, heinous and shocking abuse, or heinous and shocking neglect; or

  • (3) the parental rights of a parent to the child's sibling have been terminated involuntarily;

  • (4) parent has been found by a court of competent jurisdiction to have committed sexual abuse against the child or another child of the parent; or

  • (5) parent is required to register with a sex offender registry pursuant to Section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006, 42 U.S.C., Section 16913(a).

(b) The court conducts a permanency hearing within 30 calendar days of the court's determination that any of the conditions specified in 10A. O.S. § 1-4-809 exist.  Reasonable efforts are required to place the child in a timely manner in accordance with the permanency plan.


Issued 7-1-13


1.Recommendation for termination.The child welfare (CW) specialist and supervisor determine whether there is a need for termination of parental rights.When appropriate, the CW specialist recommends a finding of reasonable efforts not required and requests termination of parental rights via Forms 04KI003E, Report to District Attorney, 04KI013E, Individualized Service Plan (ISP) Dispositional Report, or 04KI014E, Individualized Service Plan (ISP) Progress Report.The CW specialist documents the request for termination of parental rights in the KIDS/Court/Par Rights/Recommend screen within five business days of the request.

2.Reasonable efforts not required.When any of the conditions detailed insubparagraphs (1) through (5) of OAC 340:75-1-18.4 exist, the Child Welfare (CW) specialist provides documentation to assist the court in determining whether a finding of reasonable efforts to reunify the child and family are not required and immediate termination of parental rights is appropriate.

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