A. When a child is placed into foster care, the child shall, when possible, be placed with relatives, or other persons having a kinship relationship with the child, who are determined to be suitable, capable and willing to serve as caretakers for the child; provided however, if the child is determined to be an Indian child, as defined by the federal and state Indian Child Welfare Acts, the placement preferences specified by Section 1915 of Title 25 of the United States Code and Section 40.2 of Title 10 of the Oklahoma Statutes shall apply.
B. A foster care placement shall be made that:
1. Meets the treatment needs of the foster child and supports the permanency plan for that child and the family of that child;
2. Follows the reasonable and prudent parent standard of care for the foster child while at the same time encouraging the emotional and developmental growth of the child when determining whether to allow the child to participate in extracurricular, enrichment, cultural, and social activities;
3. Is in the best interests of the child; and
4. Complies with all requirements of this section, subject to an appropriate sanction for noncompliance.
Added by Laws 1996, c. 353, § 2, eff. Nov. 1, 1996. Amended by Laws 1997, c. 389, § 9, eff. Nov. 1, 1997; Laws 1998, c. 414, § 2, emerg. eff. June 11, 1998; Laws 2009, c. 233, § 93, emerg. eff. May 21, 2009. Renumbered from § 7202 of Title 10 by Laws 2009, c. 233, § 280, emerg. eff. May 21, 2009. Amended by Laws 2015, c. 173, § 8, eff. Nov. 1, 2015.
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