OHCA Policies and Rules

317:40-5-67. Specialized Foster Care provider rights

[Revised 07-11-05]

(a) Section 7206.1 of Title 10 of the Oklahoma Statutes directs the Oklahoma Department of Human Services to establish a statement of SFC providers' rights.

(b) The rights of SFC providers include, but are not limited to, the right to:

(1) be treated with dignity, respect, and consideration as a professional member of the team;

(2) be given appropriate, ongoing training to develop and enhance the provider's skills;

(3) be informed about ways to contact the state agency in order to receive information and assistance to access supportive services for any child in the SFC provider's care;

(4) receive timely financial reimbursement for providing SFC services;

(5) be notified of any costs or expenses for which the SFC provider may be eligible for reimbursement;

(6) be provided a clear, written explanation of the individual treatment and service plan concerning the child in the SFC provider's home;

(7) receive, at any time during which a child is placed with the SFC provider, additional or necessary information that is relevant to the care of the child;

(8) be notified of scheduled permanency planning review meetings concerning the child in order to actively participate in the case planning and decision-making process regarding the child;

(9) provide input concerning the plan of services for the service recipient and to have that input be given full consideration in the same manner as information presented by any other professional on the team;

(10) communicate with other professionals who work with the service recipient within the context of the team including, but not limited to, therapists, physicians, and teachers;

(11) be given, in a timely and consistent manner, any information regarding the child and the child's family that is pertinent to the care and needs of the service recipient and to the making of a permanency plan for the service recipient. Disclosure of information shall be limited to that information that is authorized by the provisions of Article V of the Oklahoma Children's Code for foster parents and Article VII of the Oklahoma Juvenile Code;

(12) be given reasonable notice of any change in or addition to the services provided to the service recipient pursuant to the service recipient's Plan;

(13) be given written notice of:

(A) plans to terminate the placement of the child with the SFC provider unless it is deemed an emergency, and

(B) the reason for the changes or termination in placement;

(14) be notified by the court in a timely and complete manner of all court hearings, including:

(A) notice of the date and time of any court hearing;

(B) the name of the judge or hearing officer hearing the case;

(D) the court docket number of the case;

(15) be informed of decisions made by the court, or the state agency concerning the child;

(16) be considered as a preferred placement option when a child who was formerly placed with the SFC provider is to reenter SFC services at the same level and type of care, if that placement is consistent with the best interest of the child and other children in the SFC provider's home;

(17) be provided a fair, timely, and impartial investigation of complaints concerning the SFC provider's certification;

(18) be provided the opportunity to request and receive a hearing regarding decisions that affect certification retention;

(19) have timely access to the state agency's appeals process and the right to be free from acts of harassment and retaliation by any other party when exercising the right to appeal;

(20) be given the number of the statewide toll-free Foster Parent Hotline; and

(21) file a grievance in accordance with the Developmental Disabilities Services Division (DDSD) Specialized Foster Care Grievance policy, OAC 317:40-5-66; and

(22) be informed of the process for filing a grievance.

Disclaimer. The OHCA rules found on this Web site are unofficial. The official rules are published by the Oklahoma Secretary of State Office of Administrative Rules as Title 317 of the Oklahoma Administrative Code. To order an official copy of these rules, contact the Office of Administrative Rules at (405) 521-4911.