340:75-13-21. Title IV-E reimbursement for the child in custody of an Indian tribe
(a) Title IV-E eligibility and the Indian child. Oklahoma Department of Human Services (DHS) seeks Title IV-E reimbursement for any eligible Indian child when the child is placed in an approved foster home per Section 1356.67 of Title 45 of the United States Code of Federal Regulations, procedures for the transfer of placement and care responsibility of a child from a state to a tribal Title IV-E agency or an Indian tribe with a Title IV-E agreement. Title IV-E eligibility is determined by the custody specialist utilizing the criteria set forth in Oklahoma Administrative Code (OAC) 340:75-13-13.
(b) Tribal responsibilities related to Title IV-B and Title IV-E. The tribe is responsible for:
(1) developing and implementing policies and practices that ensure compliance with federal regulations related to Titles IV-B and Title IV-E of the Social Security Act. Child Welfare Services (CWS) monitors tribal compliance with the regulations through annual on-site visits, per OAC 340:75-19-32; and
(2) providing required information needed to determine Title IV-E eligibility to the assigned CWS regional tribal coordinator.
(A) The CWS regional tribal coordinator scans completed Form 04TB004E, Indian Child Welfare Program Referral, and all court orders into the KIDS file cabinet.
(B) The custody specialist contacts the CWS regional tribal coordinator to request needed information for the initial eligibility determination or annual eligibility re-determination, per OAC 340:75-19-33.
INSTRUCTIONS TO STAFF 340:75-13-21
1.Application for Title IV-E for the Indian child.When Form 04TB004E, Indian Child Welfare Program Referral, is received from the tribe, the Oklahoma Department of Human Services (OKDHS) tribal liaison:
(1) completes a search of the child and family's OKDHS history through Information Management System (IMS);
(2) opens a KIDS case;
(3) enters the child's removal information via KIDS Removal screen;
(4) responds to email requests from the custody specialist for all known financial, employment, and medical insurance information regarding the specified relative from whom the child was removed;
(5) scans into the KIDS files cabinet:
(A) the tribal court order removing the Indian child from the home or Form 04FC007E, Voluntary Placement Agreement;
(B) Form 04TB004E; and
(C) when the child has no Social Security number, a completed and submitted Form SS-5, Application for Social Security Number, to verify that an application was submitted, per OAC 340:75-13-10;
(6) documents each activity regarding the Title IV-E application process in KIDS Contacts screen;
(7) reports to the custody specialist changes in the child's circumstances, such as county of placement, return home, income, and resources; and
(8) when the tribal court order contains errors, faxes or emails the order to the Children and Family Services Division tribal coordinator with a notation to include the case in the tribal IV-E monitoring process.