(a) Safety planning. When a child abuse or neglect investigation is completed, the child welfare (CW) specialist makes determinations that include:
(1) the investigative finding;
(2) if the child is safe or unsafe in the home;
(3) the protective capacities of the person responsible for the child; and
(4) appropriate ongoing service needs for the family. Ongoing service options include:
(A) a determination that no services are needed;
(B) a referral for community-based services including Oklahoma Children's Services (OCS); and
(C) opening an Oklahoma Human Services (OKDHS) family-centered services (FCS) case. • 1
(b) Safety Plan. The Safety Plan and service planning include the family's involvement and input. The risk of future maltreatment to the child, safety threats, the family's protective capacities, and the level of need within the family determine the intensity of services required to address concerns within the family. • 1
(c) Family service agreement. The family service agreement documents the parent or legal guardian's acceptance of CW services and intervention to assist the family to safely care for the child. • 2
(d) Family service agreement informal supports. With the family's permission, supportive persons, such as kin, extended family members, friends, neighbors, volunteers, tribal representatives, and other culturally-relevant supports may be involved in Safety Plans and service agreements. Supportive persons who agree to be resources for the family commit to involvement in the safety planning and sign the voluntary Safety Plan.
(e) Family meeting (FM). An FM is a structured, facilitated meeting that includes parents, caregivers, relatives, CW specialists, tribal partners, service providers, and other culturally-relevant supports to collaboratively create plans that address the child's safety, permanency, and well-being. • 12
(f) Family service agreement supports. Family service agreement supports include programs and professional services, such as culturally-relevant, community-based service programs to assist the family with incorporating new behaviors that support safety. OCS is community-based contracted services authorized by Section 1-9-110 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-9-110) and per Oklahoma Administrative Code (OAC) 340:75-1-151. • 14 & 15
(g) Voluntary family care.
(1) Voluntary family care is available as a preventive and protective service to enhance family functioning without court intervention.
(2) Per 10A O.S. § 1-7-112, when the parent with legal custody requests, OKDHS may accept any child into voluntary family care placement. The parent considering voluntary family care is informed:
(A) he or she may, at any time, request that OKDHS return the child to the parent;
(B) evidence gathered during the time the child is voluntarily placed may be used at a later time as the basis for a petition alleging the child is deprived or as the basis for a petition seeking termination of parental rights;
(C) of the timelines and procedures for voluntary family care placement;
(D) a period of voluntary family care placement, per 10A O.S. § 1-7-112, does not exceed 90-calendar days, except as otherwise provided by OKDHS policy;
(E) voluntary family care placement, per the conditions and restrictions of 10A O.S. § 1-7-112, does not constitute abandonment, abuse, or neglect as defined in the Oklahoma Children's Code; and
(F) he or she may be assessed the full or partial cost of the voluntary family care placement.
(3) Voluntary family care requires a written agreement signed by the parent or legal guardian and OKDHS wherein authority is given to OKDHS to place the child in family care and provide for the child's needs.
(4) Family care by voluntary request is approved for an initial 30-calendar day period and may extend to a 90-calendar day maximum when the extension results in family reunification without requiring court intervention.
(5) Court intervention is required when voluntary family care reaches a maximum of 90-calendar days and the parent or legal guardian does not accept the child's return. • 29
(h) Protective and preventive child care. Child care services may be provided to a family when a:
(1) child is at risk of removal from the home due to abuse or neglect; and
(2) family is in the process of reunification, per OAC 340:75-6-91.
(i) SoonerStart services. SoonerStart Early Intervention Program (SoonerStart) is a statewide, interagency, multidisciplinary system of services to families with children birth to 36 months with developmental delays. SoonerStart services may be provided to a child who is:
(1) the victim of substantiated abuse or neglect; or
(2) a party in an open FCS case. • 19
(j) Medical or Dental Treatment. When the parent of a child in a Safety Plan with OKDHS is unavailable, the child's Safety Plan monitor may authorize medical or dental treatment or examinations that are necessary for the child's well-being.
INSTRUCTIONS TO STAFF 340:75-4-12.1
1. Safety planning. Refer to Oklahoma Administrative Code (OAC) 340:75-3-300 for child safety evaluation, safety planning, and evaluation and assessment of Safety Plan monitor(s).
(1) A Safety Plan's purpose is to control safety threats immediately while the child remains in the home or while the child temporarily stays in an alternative location outside of the home. The Safety Plan:
(A) specifies what safety threats exist, how the safety threshold was crossed, and establishes what must be controlled;
(B) identifies how the safety threat will be managed and controlled, including:
(i) by whom;
(ii) under what circumstances and agreements;
(iii) within what time frame; and
(iv) the availability, accessibility, and suitability of those involved; and
(C) includes how the child welfare (CW) specialist or others monitor and oversee the Plan.
(2) Engaging kin in safety planning creates more options for support and safety planning. The CW specialist:
(A) identifies and talks with as many kin as possible to support the family;
(B) engages those who know the child best;
(C) facilitates a child safety meeting (CSM);
(D) discusses appropriate methods of discipline with the Safety Plan monitor(s). The Safety Plan monitor(s) follows guidelines for discipline, per OAC 340:75-7-38.
(i) When the Safety Plan monitor(s) is identified as using physical discipline or other unsupported behavior management techniques, the CW specialist provides education to the Safety Plan monitor(s) related to positive behavior management, methods to promote self-control, and direct intervention techniques, and additional resources as needed.
(ii) A service referral to assist the Safety Plan monitor(s) with learning discipline techniques may be appropriate; and
(E) makes timely decisions, with input from those involved, regarding the child's safety and physical and emotional well-being.
(3) In all family-centered services (FCS) cases involving Indian children, the CW specialist must make active efforts to maintain or reunite an Indian child with the family that include, but are not limited to:
(A) identifying appropriate services and helping the parents or legal guardian to overcome barriers including actively assisting the parents or legal guardian in obtaining such services;
(B) identifying, notifying, and inviting representatives of the Indian child's tribe to participate in all family meetings (FMs);
(C) conducting a search for the Indian child's extended family members to provide family structure and support;
(D) offering and employing all available and culturally-appropriate family preservation strategies;
(E) facilitating the use of remedial and rehabilitative services the child's tribe provides;
(F) identifying community resources to assist the family, when appropriate; and
(G) considering alternative ways to address the child's and child's family needs when optimum services do not exist or are not available.
(4) In cases that involve tribal children in out-of-home Safety Plans, throughout the duration of the case, the CW specialist must make continuing efforts to:
(A) inquire if extended family is available that can help support the child and family; and
(B) search for members of other tribes as Safety Plan monitor(s) when the current Safety Plan monitor(s) is not a tribal member.
(5) When an out-of-home Safety Plan is utilized, a determination must be made on when it is safe to move to an in-home Safety Plan using the Assessment of Child Safety. The CW specialist and supervisor must consider:
(A) how manageable the remaining safety threats are;
(B) behavioral changes the person responsible for the child (PRFC) demonstrates;
(C) the parent's or legal guardian's participation in and progress on the individualized service plan (ISP); and
(D) barriers to ISP successful completion and proposed solutions.
(6) A Safety Plan monitor may seek medical or dental treatment for a child placed in a Safety Plan when:
(A) the medical or dental care is in the best interest of the child's well-being; and
(B) the CW specialist made diligent, good faith efforts to locate and obtain consent from the biological and legal parents or guardians, and one of conditions (i) through (v) is present. The child's parent or guardian:
(i) is incapacitated due to a health condition or cognition functioning and is unable to provide consent;
(ii) is incarcerated and the CW specialist is unable to obtain the parent's or guardian's consent after diligent good faith attempts with the penal institution;
(iii) was admitted to inpatient treatment and after diligent, good faith attempts, the CW specialist is unable to obtain consent;
(iv) abandoned the child with the Safety Plan monitor; or
(v) is deceased.
2. Family Services Agreement (FSA)/Safety Plan. Form 04MP078E identifies actions and interventions to control for the child's immediate safety. The CW specialist explains Form 04MP078E, Family Services Agreement (FSA/Safety Plan) to the parent or legal guardian, and completes the form to document the parent or legal guardian's acceptance of CW services and intervention, agreement to participate in FCS, and initial identification of services.
(1) A Safety Plan is established with the family in conjunction with Form 04MP078E when:
(A) the child is found unsafe; and
(B) court intervention is:
(i) not requested; or
(ii) requested but the district attorney (DA) declines to file a deprived petition. An FCS case is appropriate only when the safety threats can be managed. When a DA declines to file a deprived petition, any DA's request for the family to receive FCS must be reviewed with the district director, per OAC 340:75-3-300 Instructions to Staff (ITS).
(2) The CW specialist discusses service options with the family and explains services are:
(A) agreed upon by the family and the CW specialist, unless there is court action;
(B) used to address the child's and family's identified needs directly related to the child's safety, permanency, or well-being and to prevent the child from entering foster care; and(C) time-limited to 180-calendar days, except in FCS cases in which Title IV-E prevention services, as specified in the child's prevention plan, are provided to, or on behalf of, a child who is a candidate for foster care, per OAC 340:75-1-9 ITS, limited to up to 12 months.
(3) A new Form 04MP078E may be completed to modify services or the Safety Plan based on the family's changing needs throughout the case to prevent the child from entering foster care.
(4) Within seven-business days after the FSA signature date, the CW specialist completes Form 04KI003E, Report to DA, and Form 04KI030E, Assessment of Child Safety (AOCS), and indicates FCS services are recommended on the AOCS services screen in KIDS. Form 04MP078E is signed.
(5) Title IV-E child's prevention plan. Form 04MP078E, FSA/Safety Plan:
(A) serves as the prevention plan for the child who is eligible for the Title IV-E Prevention Program when:
(i) identified as a candidate for foster care, per OAC 340:75-1-9 ITS; and
(ii) eligible per OAC 340:75-3-120, 340:75-3-300, and 340:75-3-500; and
(B) documents the:
(i) child's Title IV-E Prevention Program eligibility;
(ii) child's foster care prevention strategy so the child may remain safely at home, live temporarily with a kin caregiver until reunification can be safely achieved, or live permanently with a kin caregiver;
(iii) Title IV-E prevention services rated and approved by the Title IV-E Prevention Services Clearinghouse and identified in the state's five-year Title IV-E Prevention Program Plan for:
(I) mental health;
(II) substance abuse; and
(III) in-home parent skill-based programs; and
(iv) continued eligibility for a child identified as a candidate for foster care, per OAC 340:75-1-9 ITS, to receive Title IV-E prevention services for additional 12-month periods, including for contiguous 12-month periods, per OAC 340:75-3-300 and 340:75-4-12.1.
3. Appropriate FCS cases. An FCS case may be appropriate when:
(1) there is a substantiated finding;
(2) the child is determined unsafe upon completion of Form 04KI030E, Assessment of Child Safety, and CW services and intervention are needed to ensure the child's health, safety and welfare;
(3) existing safety threats can be managed and controlled for through:
(A) a Safety Plan;
(B) guardianship; or
(C) a non-custodial parent; and
(4) Form 04MP078E is completed and signed indicating agreement to participate in FCS.
4. Successful FCS case indicators.
(1) A Safety Plan with a Safety Plan monitor(s) that is available for the foreseeable future and includes the elements of ITS # 1 of this Section and is either an:
(A) in-home Safety Plan; or
(B) out-of-home Safety Plan located within or in close proximity to the child's community that is not expected to exceed 60-calendar days. Approval to exceed 60-calendar days requires:
(i) a supervisor's approval for 61 to 90-calendar days; and
(ii) the district director's approval for over 90-calendar days. A district director's approval cannot exceed the FCS case limit of 180-calendar days. The district director's approval must be documented in the case.
(2) Kinship supports were identified and are willing to assist the family.
(3) PRFC(s) acknowledges and accepts the responsibility for the conditions that led to his or her child(ren) being unsafe and is willing to seek services to correct those conditions.
(4) The family is able to accommodate the contact requirements outlined in ITS # 12 of this Section. Any established Safety Plan and PRFC resources must be able to accommodate the required minimum weekly CW specialist face-to-face contact with the parent and child together at the PRFC's home.
5. Poor prognosis.
(1) An FCS case may not be appropriate when poor prognosis indicators exist that may include:
(A) three or more substantiated reports of child abuse or neglect of a serious nature, or repeated removals of a child(ren) from the PRFC;
(B) PRFC's parental rights to another child were terminated;
(C) PRFC had a child in out-of-home care or under court supervision for more than one year during the three-year period immediately prior to the current unsafe determination;
(D) PRFC successfully completed a previous FCS service plan and is again referred to FCS with similar child abuse or neglect allegations;
(E) PRFC is or was subject to the Oklahoma Sex Offender Registration Act or any similar act in another state at any time convicted of a sexual felony offense, or has a substantiated finding of child sexual abuse in his or her CW history;
(F) PRFC has a history of extensive, abusive, and chronic use or abuse of drugs or alcohol and resisted treatment for substance use or abuse during a three-year period immediately prior to the current unsafe determination;
(G) PRFC was convicted of a felony offense of:
(i) physical assault, battery, or a drug-related offense within the last five years;
(ii) a crime against a child;
(iii) domestic abuse; or
(iv) a crime involving violence including, but not limited to, rape, sexual assault, or homicide; or
(H) PRFC inflicted severe physical or sexual abuse to a child that resulted in near-death or permanent damage.
(2) The CW specialist and CW supervisor consider how poor prognosis indicators may impact case planning including:
(A) the need for heightened monitoring;
(B) increased parental engagement;
(C) specialized services that may be warranted;
(D) additional supports for the child and family; and
(E) the family's ability to correct the conditions and behaviors within the time frame of an FCS case.
(3) When poor prognosis indicators exist and, after thorough evaluation, the CW specialist and CW supervisor determine a referral to FCS is appropriate, the CW specialist and CW supervisor:
(A) consult the district director for approval to proceed with the referral; and
(B) document the consultation and final determination in KIDS Investigation Contacts screen.
(4) When the FCS supervisor receives a case that is not appropriate for the FCS case type or is not able to ensure a child's safety through a Safety Plan, the FCS supervisor:
(A) discusses the concerns with the referring Child Protective Services (CPS) supervisor and their district directors within five-business days of the case transfer to reach a consensus on the appropriate case type; and
(B) requests a staffing with FCS Programs when the CW supervisors and district directors are unable to reach a consensus on the appropriate case type.
6. FCS case with a substantiated finding with a safe determination. Refer to OAC 340:75-3-300 ITS for guidance about an investigation with substantiated allegations with a safe determination.
(1) When a substantiated finding with a safe determination exists and, after thorough evaluation, the CW specialist and CW supervisor determine that a referral to FCS is appropriate, the CW specialist and CW supervisor:
(A) consult the district director for approval to proceed with the referral;
(B) consult with FCS Programs. The discussion includes:
(i) a review of the substantiated allegations and safe finding;
(ii) identifying community service referrals that may meet the family’s needs;
(iii) identifying supports the CW specialist may provide the family;
(iv) determining when closing the case is appropriate; and
(v) through group decision-making, if the case is acceptable as a safe FCS case; and
(C) document the consultation and final determination in KIDS Investigation Contacts screen.
(2) When a substantiated finding with an unsafe determination regarding the parent, but an overall safe determination due to a guardianship or a power of attorney with a relative or non-relative caregiver exists, the CW specialist offers FCS to the family.
(A) A referral to FCS is not made when the parent does not accept CW services and intervention.
(B) OAC 340:75-4-12.1 is followed, when applicable.
(3) A Safety Plan is not established for an overall safe determination.
7. Transfer of case responsibility from Child Protective Services (CPS) to FCS. Refer to OAC 340:75-1-29 ITS # 1.
8. Transfer of case responsibility within ongoing FCS case. The assigned CW specialist, at the time the determination is made to transfer the case to another CW specialist or to another district, schedules and conducts a transfer meeting within 10-business days of the transfer determination.
(1) The transfer meeting discussion includes, but is not limited to:
(A) a review of Forms 04KI030E, Assessment of Child Safety, and 04MP078E, FSA/Safety Plan, including the:
(i) reason for CW involvement;
(ii) identified safety threats;
(iii) specific behaviors and conditions that need to change;
(iv) desired results;
(v) intervention or service recommendations designed to increase parental protective capacities; and
(vi) PRFC's engagement and progress on the ISP;
(B) a discussion of any trauma or CW history within the family;
(C) a medical history of a child with a perceived or diagnosed developmental or physical disability or any chronic or acute medical condition;
(D) the family's tribal heritage;
(E) the Safety Plan components and responsibilities, including how the safety threats are managed and controlled; and
(F) the family time plan, including level of supervision needed.
(2) The CW specialist enters case-transfer meeting documentation as a contact in the FCS case with a purpose of "Case Transfer" within five-business days after the transfer meeting.
9. Case location and assignment responsibility. When opening an FCS case, consideration must be given to the contact requirements outlined in OAC 340:75-4-12.1 ITS # 12.
(1) FCS case location and assignment is maintained in the county where the CW investigation is completed.
(2) An exception to the case location occurs when all participating members of the FCS case relocate to a different county within the state. The case location then transfers to the new county unless the currently assigned county chooses to retain the case and is still able to meet the contact requirements.
(3) Secondary assignments in FCS cases are not allowed.
10. Initial meeting. When an out-of-home Safety Plan is established, an initial meeting may be determined beneficial or necessary. In those cases, refer to OAC 340:75-1-29.
11. Individualized Service Plan (ISP).
(1) Form 04KI012E, Individualized Service Plan, is completed no later than 45-calendar days after the PRFC agrees to accept FCS and signs Form 04MP078E, Family Service Agreement (FSA/Safety Plan. Form 04KI012E is not completed when the FCS case is closed within 30-calendar days of the PRFC signing Form 04MP078E.
(2) Forms 04KI030E and 04MP078E are used to develop the ISP. The ISP determines the interventions needed to correct the behaviors and conditions that resulted in a child being unsafe. Children 10 years of age and older, or younger than 10 years of age who are intellectually capable of understanding and communicating ideas and opinions, participate in the planning process, except for children with severe intellectual disabilities. The ISP planning process is done in conjunction with the family and describes:
(A) the CW specialist and family's course of action to achieve the planned changes and alleviate the safety threats to the child;
(B) services associated with specific outcomes available to the child and PRFC;
(C) the behaviors and conditions that require change;
(D) specific measures to facilitate family change;
(E) the time requirements for the family, CW specialist, and other providers to complete the action steps;
(F) the alternative plan in the event protective capacities are not enhanced and PRFC is unable to manage the safety threats;
(G) the expected length of time services are needed in the case; and
(H) a crisis management plan to address contingencies, such as a PRFC's relapse or regression, domestic violence, or environmental or other emergent conditions.
(3) The finalized Form 04KI012E, Individualized Service Plan:
(A) is signed by the PRFC, CW specialist, CW supervisor, Indian child welfare worker when applicable, and child when possible;
(B) may be modified based on the identification of additional circumstances that affect the child’s health, safety or welfare;
(C) is provided to the family upon completion; and
(D) is reviewed monthly with the family to ensure progress and timely completion of the goals outlined in the plan.
(4) The CW supervisor reviews Form 04KI012E with the CW specialist to ensure the safety threats identified in Form 04KI030E are addressed.
(5) The CW specialist:
(A) makes service referrals based on the needs identified on Form 04KI012E;
(B) for an Indian child, utilizes available services of the child's tribe;
(C) facilitates initiation of services with providers using Form 04KI012E as a guide to establish service utilization and discusses services with the service provider and family, such as:
(i) agreed-upon objectives related to the child's safety and well-being;
(ii) the anticipated length of services; and
(iii) outcome measures; and
(D) considers family members' work and school responsibilities when services are scheduled.
12. Family meeting (FM).
(1) An FM must be held within 10-business days after the:
(A) Safety plan's establishment; and
(B) parent or legal guardian signs Form 04MP078E, Family Service Agreement (FSA/Safety Plan), signifying acceptance of FCS. FM purpose is to:
(i) discuss the child's safety needs;
(ii) discuss any of the child's urgent or critical medical or behavioral health needs. The CW specialist ensures:
(I) these needs are addressed immediately; and
(II) the PRFC(s) and Safety Plan monitor(s) follow-up on these needs;
(iii) determine the family's appropriate service needs;
(iv) develop a family time schedule for the child and child's family when an out-of-home Safety Plan is in effect; and
(v) identify the family's concrete needs that may be met through:
(I) referrals to community-based agencies that provide financial assistance;
(II) for an Indian child, referrals to the tribe for available assistance; or
(III) the use of Oklahoma Human Services (OKDHS) contingency funds that may be accessed to assist with service needs, per OAC 340:75-1-28.
(2) When a CSM was held and the items in ITS # 1 and # 2 were discussed, the initial FM may be held within 30-calendar days.
(A) An FM is held every 60-calendar days thereafter until:
(i) case closure; or
(ii) it is determined a higher level of intervention is needed.
(B) Subsequent FMs are required to be held when:
(i) moving from an out-of-home to an in-home Safety Plan; and
(ii) the case reaches 150-calendar days in length.
(C) An FCS case is not to exceed 180-calendar days in length unless the family is receiving Title IV-E prevention services.
(3) When an FCS case reaches 150-calendar days, an FM is held to determine:
(A) if the family requires continued Title IV-E prevention services, as specified in the child’s prevention plan for a child who is a candidate for foster care, per OAC 340:75-1-9 ITS, that meet the child's, parent's, legal guardian's, or kin caregiver's needs related to the child's safety, permanency, or well-being or to prevent the child from entering foster care beyond the approved, initial six-month service period;
(B) through a review of relevant case documentation, including but not limited to, Forms 04KI012E, Individualized Service Plan, 04KI030E Assessment of Child Safety, and 04MP078E, FSA/Safety Plan, if:
(i) the safety threats are controlled and managed;
(ii) recommended services and interventions are achieving the desired behavioral changes to increase protective capacities; and
(iii) continued Title IV-E prevention services eligibility to ensure the child: may remain safely at home; live temporarily with a kin caregiver until reunification can be safely achieved; or live permanently with a kin caregiver. When continued Title IV-E prevention services eligibility is determined, the CW specialist:
(I) completes a request for an Oklahoma Children's Services (OCS) extension, per OAC 340:75-1-152.5;
(II) documents continued eligibility in the child's prevention plan by completing a new Form 04MP078E; and
(III) continues to evaluate the child's safety and monitor service provision, per OAC 340:75-4-12.1; and
(C) if a deprived petition needs to be recommended. The CW specialist informs the PRFC a deprived petition may be recommended when the parent has not demonstrated the desired behavioral changes to alleviate the safety threats.
(4) When Title IV-E prevention services, as specified in the child's prevention plan are provided to or on behalf of a child who is a candidate for foster care, per OAC 340:75-1-9 ITS, and are needed beyond the approved 90-calendar day service period extension, an FM is held every 90-calendar days thereafter until case closure. An OCS service extension is limited to up to 12 months, per OAC 340:75-1-152.5. An FM is held to determine:
(A) if the family requires continued Title IV-E prevention services that meet the child's, parent's, legal guardian's, or kin caregiver's needs related to the child's safety, permanency, or well-being or to prevent the child from entering foster care;
(B) through a review of relevant case documentation, including but not limited to, Forms 04KI012E, Individualized Service Plan, 04KI030E Assessment of Child Safety, and 04MP078E, FSA/Safety Plan, if:
(i) the safety threats are controlled and managed; and
(ii) recommended services and interventions are achieving the desired behavioral changes to increase protective capacities; and
(C) continued Title IV-E prevention services eligibility to ensure the child: may remain safely at home; live temporarily with a kin caregiver until reunification can be safely achieved; or live permanently with a kin caregiver. When continued Title IV-E prevention services eligibility is determined, the CW specialist:
(i) completes a request for an OCS extension, per OAC 340:75-1-152.5;
(ii) documents continued eligibility in the child's prevention plan by completing a new Form 04MP078E and indicating the start of a new 12-month service period; and
(iii) continues to evaluate the child's safety and monitor service provision, per OAC 340:75-4-12.1.
(5) FM documenting and reporting. The CW specialist:
(A) completes Form 04MP046E, Family Meeting Report, and scans into the document management system (DMS);
(B) documents FM in KIDS Contacts screen no later than 30-calendar days after each FM completion; and
(C) summarizes FM results in the KIDS Contacts screen and includes:
(i) attendees; and
(ii) discussions about safety planning, ISP progress, and barriers.
13. Contact requirements regarding child and PRFC. Contacts between the CW specialist, parents, and the child are frequent and intentional with a focus on assessing safety in the PRFC's home, engaging the family, increasing protective capacities, and overcoming barriers to ISP completion.
(1) During the FCS case's first 60-calendar days, the CW specialist evaluates the child's safety by making face-to-face contact with the child and PRFC together one or more times per week in the PRFC's home, when it is safe to do so, as the CW supervisor determines. If the PRFC's home is not a safe space for family time and CW specialist contacts to occur, an alternate location may be identified.
(2) After the initial 60-calendar days, the CW specialist and CW supervisor may decide face-to-face contact with the child and PRFC together may be reduced to a minimum of once every other week. This decision is dependent upon the information from the most current AOCS, the contact guides, and considers:
(A) how manageable the remaining safety threats are;
(B) behavioral changes the PRFC demonstrates;
(C) the parent's or legal guardian's participation and ISP progress;
(D) barriers to successful ISP completion and proposed solutions; and
(E) the family's ability to maintain the frequency of family time. Family time is not decreased due to a reduction in the frequency of CW specialist contacts.
(3) The CW supervisor approves and documents any decrease in the number of contacts.
(4) Contact requirements are documented in the ongoing FCS case in KIDS Contacts.
(5) When the child is in an out-of-home Safety Plan during the FCS case, the CW specialist has face-to-face contact:
(A) with the child in the Safety Plan monitor's home within the first two weeks the child is in the home; and
(B) a minimum of once every calendar month thereafter with no more than 31-calendar days between contacts.
(i) The contact with the child in the Safety Plan monitor's home is in addition to the weekly or every other week contact the CW specialist has with the child and PRFC together.
(ii) Form 04MP008E, Quality Contacts with a Child, is referenced during this contact when speaking to both the child and Safety Plan monitor(s) separately to assess the child's safety in the Safety Plan monitor(s)' home. Refer for guidance per OAC 340:75-6-48 ITS for contacts with a child.
(iii) More frequent contacts are made with the child during times of change and stress.
(6) When the visits with the child and the PRFC together occur in the Safety Plan monitor(s)' home, an additional contact is not needed, but private conversations with the Safety Plan monitor(s) are documented.
(7) When the child is in an in-home Safety Plan during the FCS case, the CW specialist contacts the in-home Safety Plan monitor(s) in person or by phone:
(A) weekly, during the FCS case's first 60-calendar days; and
(B) every other week, after the initial 60-calendar days and until the Safety Plan is no longer required.
(8) Per OAC 340:75-6-48 ITS, after the initial home contact, Form 04MP007E, Quality Contacts with a Parent, is reviewed once per month thereafter for each PRFC and for each child in the home or in an out-of-home Safety Plan.
(9) Contacts are documented in KIDS Contacts as follows:
(A) a monthly contact utilizing the Quality Contacts guide is documented in KIDS with the purpose code "Worker Visit – Parent/PRFC" or "Worker Visit – Child(ren)" accordingly. Parent Summary is signed and uploaded in to the DMS; and
(B) additional weekly or biweekly face-to-face contacts with a focus other than the Quality Contacts guide is documented in KIDS utilizing the purpose code "Worker Visit Parent – No Contact Guide" or "Worker Visit Child(ren) – No Contact Guide."
(10) The purpose of CW specialist contacts with the child, PRFC, and Safety Plan monitor(s) includes, but is not limited to:
(A) administering the Child Behavioral Health Screener monthly and making necessary referrals;
(B) ensuring the Safety Plan is adequately managing the safety threats and all parties are complying with the Safety Plan;
(C) ensuring the PRFC understands the ISP and the consequences of failure to correct the conditions requiring intervention;
(D) assessing the PRFC's ability to provide a safe environment for the child;
(E) evaluating the home situation and ISP progress;
(F) encouraging and guiding the PRFC in ISP completion;
(G) assisting the PRFC in identifying and resolving barriers to completing the ISP;
(H) evaluating the child's safety and needs in the home or in the Safety Plan monitor's home, and that includes private conversations with the child;
(I) evaluating whether the PRFC is developing and maintaining a healthy parent-child relationship;
(J) advising the PRFC of his or her rights, roles, responsibilities, and the case's status;
(K) assisting with needs the Safety Plan monitor(s) may have for the purpose of ensuring the child's safety and well-being; and
(L) assessing the Safety Plan monitor(s)' protective capacity and ability to provide a safe environment for the child.
14. Service referrals.
(1) Referrals are made to community partners to address identified service needs to assist the PRFC(s) in correcting the behaviors and conditions that created the safety threats. Referrals for services are made promptly to facilitate behavioral changes and support timely case closure. Referrals to OCS, per OAC 340:75-1-151, may also be made to assist with service needs.
(2) When the family is referred for OCS, the FCS case stays open until completion of services directly related to the child's health, safety, and welfare that required Child Welfare Services (CWS) intervention.
(3) Referrals are made to community partners to address identified high risk situations or behaviors that do not cross the safety threshold, are not active safety threats, and may include:
(A) housing resources;
(B) food pantries;
(C) basic parenting programs;
(D) parent education;
(E) educational resources;
(F) employment services;
(G) vocational training or rehabilitation services; or
(H) other OKDHS services, such as Temporary Assistance for Needy Families (TANF).
15. Contact with service providers. The CW specialist maintains no less than bi-weekly contact with the service provider by phone, in-person, or correspondence and enters the contacts in KIDS. The CW specialist:
(1) gathers and documents information about the PRFC's progress in Contacts;
(2) notifies the service provider of changes in the family's circumstances;
(3) shares information relevant to the service provider's work with the family; and
(4) collaborates with the service provider and family to ensure the services are meeting the family's needs and to identify any additional needed supports.
16. Referral for medical eligibility determination. The CW specialist discusses the child's medical needs and determines if the family has medical coverage for the child. When the family does not have medical coverage for the child, the PRFC is referred to Medicaid Health Benefits (Medicaid), per OAC 317:35-7-16.
17. Child well-being measures. Child well-being is connected to the child's educational, physical, dental, and behavioral health needs. The CW specialist works with PRFC to address these immediate needs, to identify and access appropriate services to meet the child's identified needs, and to ensure the Safety Plan monitor(s) is aware as well. The child's identified needs are included in service planning and documented in KIDS.
(1) Educational needs. When the child is in an out-of-home Safety Plan, the CW specialist confirms the Safety Plan monitor(s) is willing to assist the child continue in his or her original school or program.
(2) Physical, dental, and behavioral health needs. The CW specialist ensures PRFC and Safety Plan monitor(s) follow-up on identified needs.
18. Transporting families who receive FCS. Initially, the CW specialist may assist with the family's transportation needs. The CW specialist explores other means of transportation the family that allow for independence when services are completed. When PRFC cannot accompany the child, the CW specialist may transport a child who is not in OKDHS custody with the PRFC's written authorization.
19. SoonerStart services. For a child younger than 3 years of age who is a victim of substantiated child abuse or neglect and is a party in an FCS case, a referral to the SoonerStart Early Intervention program is made when a subsequent need is identified or a SoonerStart referral was not previously completed. The Child Welfare Services: SoonerStart Referral
20. Case management responsibilities for FCS cases.
(1) When PRFC accepts FCS, the CW specialist is responsible for determination of child safety, case management, and service provision, per OAC 340:75-4-12.1, regardless of whether the family is referred for community-based services.
(A) The CW specialist maintains an open FCS case until the child is determined safe and PRFC's protective capacities are sufficient for continued safety after a subsequent, updated Form 04KI030E, Assessment of Child Safety, is completed.
(B) When the family is receiving Title IV-E prevention services as specified in the child's prevention plan for a child who is a candidate for foster care, per OAC 340:75-1-9 ITS, the FCS case stays open until completion of services that are directly related to the child's health, safety, and welfare which required CWS intervention.
(C) When the FCS case must remain open for receipt of Title IV-E prevention services, the CW specialist must:
(i) continue to determine Title IV-E prevention services eligibility, per OAC 340:75-1-9 ITS and 340:75-4-12.1 ITS;
(ii) coordinate with the service provider on service provision and closure date; and
(iii) prior to planned case closure, provide a closure notice to FCS Programs and the OCS contract liaison when the family still receives Title IV-E prevention services.
(2) When a family member participating in an FCS case is referred for substance use or abuse treatment services through a TANF contract provider in a CW only case and the family is not eligible for TANF, CW staff must contact the provider prior to closing the case. Since the provider may not bill when the case is not open, the CW specialist must consider when the family member is:
(A) nearing completion of services and coordinates the closure date with the provider; or
(B) not nearing completion of services, and informs the family member and provider services will no longer be billed through the TANF contract. As a result, the family member is responsible for payment.
21. FCS monthly case conference. A case conference between the CW specialist and CW supervisor is conducted at least once every 30-calendar days and documented in KIDS as a Case Consultation contact. During the monthly conference, the CW specialist and CW supervisor review:
(1) relevant case documentation;
(2) Form 04KI030E, Assessment of Child Safety;
(3) Form 04MP078E, Family Service Agreement (FSA)/Safety Plan; and
(4) Form 04KI012E, Individualized Service Plan (ISP) to determine whether:
(A) safety threats are controlled and managed;
(B) recommended services and interventions are achieving the desired behavioral changes to increase protective capacities; and
(C) the frequency of CW contacts with the family increases, decreases, or remains unchanged.
22. Notification of injury. When a child in an open FCS case has a physical injury and the cause of the injury is unexplained, the CW specialist follows the protocol and documentation requirements, per OAC 340:75-3-130.
23. Abuse or neglect in an active FCS case.
(1) When the CW specialist reports or observes any suspicion of abuse or neglect regarding a child who is a participant in an FCS case, the CW specialist contacts the OKDHS Abuse and Neglect Hotline (Hotline) for completion of Form O4KI001E, Referral Information Report, per OAC 340:75-3-130.
(2) A referral to the Hotline is not necessary when criteria (A) through (D) are met.
(A) The child is thoroughly inspected for additional injuries to include rearrangement of clothing when necessary.
(B) The documentation is entered into the child's case KIDS Injury screen.
(C) Prior to the decision not to contact the Hotline regarding an observed injury to the head, face, ears, neck, stomach, or genitals or a burn or fracture to a child 5 years of age and younger or to a child with a perceived or diagnosed developmental disability, the CW specialist and CW supervisor must consult with their assigned district director or field manager.
(D) The district director or field manager is required to review all necessary information to make an informed safety decision and determine if a referral is made to the Hotline.
(3) When a new abuse or neglect incident occurs and an investigation is assigned, Form 04KI003E, Report to District Attorney, is completed and submitted to the DA.
24. Preparing the family for case closure. Concluding the working relationship between the CW specialist and family before FCS case closure is essential. The CW specialist:
(1) separates from the family while continuing to provide support and encouragement;
(2) increases emphasis on the family developing an informal support system to:
(A) preserve and strengthen protective capacities;
(B) assist in the family safely caring for the child in their own home;
(C) ensure the child's healthy well-being; and
(D) prevent future CWS involvement; and
(3) gradually decreases family contacts while the family increases utilization of the family's informal support system.
25. Developing an FCS after-care plan. When the child safety assessment indicates the child is safe and the PRFC's protective capacities are sufficient for continued safety, the CW specialist:
(1) develops an after-care plan with the family's input, Form 04MP080E, FCS After-Care Plan, during an FM or case closure discussion meeting that:
(A) identifies informal supports that may assist the family when CWS is no longer involved and the FCS case is closed. Informal supports include, but are not limited to, extended family, friends, and neighbors who may help the family identify ways to prevent the behaviors or actions that precipitated CWS involvement from reoccurring;
(B) determines if the family requires further services or assistance at case closure and provides referrals for necessary community services;
(C) advises the family of signs that might indicate a need for future services and provides the family with information about whom to contact for help;
(D) submits the family's after-care plan to the CW supervisor for review and approval;
(E) formalizes the case closing with the family when the written documentation for case closure and the after-care plan is approved;
(F) discusses the finalized after-care plan with the family and provides a copy to the family;
(G) addresses any ongoing concerns the family may have;
(H) encourages the family to contact OKDHS when future help is needed;
(I) scans the after-care plan from the final version of Form 04MP080E, into KIDS DMS; and
(J) closes the case record by completing and submitting all appropriate documentation in KIDS to the CW supervisor for final approval; and
(2) coordinates the planned case closure with the OCS contractor and OCS contract liaison when the family still receives OCS.
26. FCS case closure. The family, CW specialist, and CW supervisor are involved in the determination that the child's health, safety, and welfare are ensured and the FCS case may be closed.
(1) The CW specialist discusses and reviews all critical elements of the CWS intervention with the family and empowers the family to express opinions, feelings, and constructive feedback to the CW specialist. An FM is held prior to case closure.
(2) The standard for closing an FCS case is the determination the:
(A) PRFC demonstrates sufficient behavioral changes and increased protective capacities to ensure the child's health, safety and welfare;
(B) threats to child safety no longer exist; and
(C) the family has developed an informal support system to preserve and strengthen protective capacities to assist the family in safely caring for the child in their own home, ensure the child's healthy well-being, and prevent future CWS involvement.
(3) Before initiating steps to close the FCS case, the CW specialist:
(A) discusses the FCS case with the CW supervisor;
(B) completes an updated or new Form 04KI030E, Assessment of Child Safety; and
(C) consults with FCS Programs and the OCS contract liaison when the family still receives Title IV-E prevention services.
27. PRFC's refusal to cooperate or respond during FCS case. Families must be meaningfully engaged in the treatment process for the duration of the FCS case.
(1) When the PRFC is not available or persistently requests appointment postponement or rescheduling, the CW specialist:
(A) makes diligent efforts to encourage PRFC to participate and complete services;
(B) documents the efforts in the FCS case; and
(C) discusses the case with the CW supervisor to:
(i) review the updated and previous Forms 04KI030E;
(ii) review the most recent Form 04KI012E;
(iii) evaluate the adequacy of the PRFC's protective capacities without services; and
(iv) determine if court intervention is necessary.
(2) When PRFC refuses to participate in services after three contact attempts, requests case closure, or the CW specialist and CW supervisor determine efforts to assist the family in changing behaviors were unsuccessful, Form 04KI001E is not completed, but the CW specialist completes an updated or new Form 04KI030E.
(A) When the ongoing AOCS indicates the child is safe, the CW specialist:
(i) documents the determination in the FCS case;
(ii) scans Form 04KI030E into the KIDS DMS; and
(iii) closes the FCS case with the CW supervisor's approval.
(B) When the updated or new Form 04KI030E indicates the child is unsafe, an addendum to the original Form 04KI003E is completed in KIDS.
(i) When the investigation is closed for less than 30-calendar days, the:
(I) CPS supervisor may re-open the closed investigation making the addendum tab available; and
(II) CW specialist who completed the original investigation and recommended the FCS case, completes the Report to DA addendum in KIDS.
(ii) When the investigation is closed for more than 30-calendar days, but less than six months, the district director:
(I) may re-open the closed investigation making the addendum tab available; and
(II) determines which CW specialist completes the Report to DA addendum.
(iii) When the investigation is closed for more than six months, the:
(I) CPS Programs Unit may re-open the investigation making the addendum tab available; and
(II) district director determines which CW specialist completes the Report to DA addendum.
28. Report to DA addendum requirements.
(1) The Report to DA addendum includes, in summary form:
(A) a description of the efforts made to maintain the child in his or her own home;
(B) the PRFC's response and participation in correcting conditions that led to the unsafe determination;
(C) the PRFC's behaviors and conditions that continue to pose a safety threat; and
(D) OKDHS recommendation for a deprived petition.
(2) The findings of original Form 04KI003E, Assessment of Child Safety are not updated or changed and court intervention is requested using the Report to DA addendum.
(3) Documents provided to the DA for consideration of filing a deprived petition include the:
(A) Report to DA addendum;
(B) original Form 04KI003E; and
(C) updated or new Form 04KI030E.
29. Voluntary foster family care procedures.
(1) A child may be placed in foster family care at the child's parent's request when an emergency temporarily disrupts the parent's ability to safely provide for the child.
(A) A child whose needs exceed traditional foster family care is not eligible for voluntary foster family care, per OAC 340:75-8-1.
(B) Relatives or other resources available to the family are fully explored and ruled out as a possible placement option before considering voluntary foster family care approval.
(C) An open CW case is required for voluntary foster family care.
(2) When a child is placed in voluntary foster family care, the CW specialist opens a case with the case type "Voluntary Foster Care." Claims for foster care maintenance payments are processed through KIDS.
(3) Prior to the child's placement, the CW specialist prepares Form 04FC007E, Authorization from Parent for Voluntary Foster Family Home Placement and Medical Care of Child, that the parent signs.
(A) The CW specialist explores, and documents on Form 04FC007E, the parent's ability to financially contribute to the child's care.
(B) The CW specialist does not complete a case plan when voluntary foster family care is a short-term service with no anticipation of court intervention, such as when a parent must receive medical treatment and there is no other caregiver for the child in the parent's absence.
(A) selects a suitable foster family home and places the child;
(B) supervises the placement;
(C) provides appropriate services to the child and foster family; and
(D) coordinates family time and other services that involve the child, parent, or relative, as applicable.
(5) When permitted, voluntary foster family care is approved for an initial period of 30-calendar days and may be extended up to a maximum of 90-calendar days when the extension may result in family reunification without court intervention.
(6) When an extension of voluntary foster family care is required, the CW specialist sends a written request to the district director stating the reason for the extension and projected date of the child's return to his or her own home or other placement. The district director provides a written response approving or denying the request.
(7) Upon the child's return to the parent, page two of Form 04FC007E is signed by the parent.
(A) The CW specialist provides the parent with a record of medical care, immunizations received, and any other vital information obtained about the child during foster family care placement.
(B) An adequate clothing supply, including the clothing taken into foster family care, and any items of importance to the child, accompanies the child upon return to his or her own home or other placement.
(C) The CW specialist informs PRFC of available services.
(8) When a referral is received from Adult and Family Services (AFS), requesting voluntary foster family care for a child residing in the home of a parent or relative, the CW specialist reviews the referral with the parent to determine if the referral is appropriate. The assigned CW specialist is responsible for all voluntary foster care services.
(9) When voluntary foster family care is requested for a child 17 years of age and younger who is in tribal custody, refer to OAC 340:75-19-29.
(10) The CW specialist completes Form 04KI003E and requests a deprived petition when:
(A) foster family care extends beyond 90-calendar days;
(B) the emergency situation resulting in the voluntary placement is unresolved; and
(C) there is no alternative for the child.