Failing a DHS ISP can come with severe consequences. When the Oklahoma Department of Human Services (DHS) becomes involved in a family’s life, the agency often requires parents or guardians to complete an Individualized Service Plan (ISP). This outlines steps the parent must take to address concerns and demonstrate their ability to provide a safe and stable environment for their children. However, failing to complete or comply with an ISP can have serious legal consequences, including the potential loss of parental rights.
What Is an Individualized Service Plan (ISP)?
An ISP is a formal agreement between DHS and a parent or guardian that outlines specific requirements aimed at improving the safety and well-being of children involved in a DHS case. The plan may include:
- Parenting classes
- Substance abuse treatment
- Mental health counseling
- Home visits by DHS workers
- Drug testing
- Employment or housing requirements
The purpose of the ISP is to give parents an opportunity to correct the conditions that led to DHS involvement. The ISP’s completion is a key factor in determining whether children can remain with their parents or be returned to their custody.
Consequences of Failing a DHS ISP
Failing to complete an ISP can result in several serious legal consequences, including:
1. Extension of DHS Involvement
If DHS determines the parent is not complying with the ISP, the agency may extend its involvement. This often means more frequent home visits, additional service plan requirements, and ongoing monitoring.
2. Loss of Reunification Goals
In many cases, the goal of an ISP is family reunification. However, if a parent fails to meet the plan’s requirements, DHS may shift its focus to other permanent placement options for the child, such as guardianship or adoption.
3. Termination of Parental Rights
One of the most serious consequences of failing an ISP is the potential termination of parental rights. If DHS believes that a parent has not made sufficient progress to address the concerns that led to the child’s removal, the agency can petition the court to terminate the parent’s legal rights. This would mean the parent no longer has any legal relationship with the child, including custody, visitation, or decision-making authority.
For information on other child custody topics, check out our Claremore Child Custody Law Blog.
Court Proceedings Following Failure of a DHS ISP
If DHS decides to take legal action due to non-compliance, a parent may be required to appear in court for proceedings, such as:
- Review Hearings – The court reviews the parent’s progress on the ISP and DHS recommendations.
- Permanency Hearings – The court determines the long-term plan for the child, which could include reunification, guardianship, or adoption.
- Termination Hearings – If DHS pursues termination of parental rights, the court holds a hearing to determine whether this is appropriate.
In these hearings, the court evaluates the parent’s efforts to comply with the ISP and whether it is in the child’s best interests to return to the parent’s care. A child custody attorney can help you navigate these proceedings and advocate for your rights in court. They can also work with DHS to negotiate a revised ISP or present evidence of your progress.
Can You Challenge ISP Non-Compliance Findings?
Yes, parents can challenge DHS’s findings of non-compliance in court. Common defenses include:
- Clarity: If the plan was unclear or unrealistic, the parent may argue DHS did not provide sufficient guidance or support.
- Lack of Resources: Parents may argue that they were unable to comply with the ISP due to financial constraints, lack of transportation, or other legitimate hardships.
- Substantial Progress: A parent may present evidence that they have made substantial progress toward meeting ISP goals, even if they have not fully completed all tasks.
- Improper DHS Conduct: If DHS workers acted improperly or failed to provide reasonable assistance, this could be a defense.
Ultimately challenging a DHS finding will come down to the court’s ruling. Your attorney can look at the details of your case and craft a defense to help you get the best possible outcome for your situation.
Claremore Family Attorneys
Failing a DHS ISP in Oklahoma can have serious consequences, including extended DHS involvement, loss of reunification goals, and the possible termination of parental rights. However, parents have legal options to challenge non-compliance findings and advocate for reunification with their children.
The Kania Law – Claremore divorce attorneys have the knowledge and the experience you need. If you are facing issues with DHS or an ISP, get a free and confidential consultation by calling 918.379.4872. Or follow this link to ask a free on line legal question.
