Library: Policy
340:75-7-94. Resource home annual updates, non-compliance or rule violations, investigations, closures, and fair hearings
Revised 10-22-24
(a) Annual update. • 1 The resource family assessment is updated annually from the resource home's approval date in KIDS for any family approved per Oklahoma Administrative Code (OAC) 340:75-7-18.
(b) Kinship annual update. • 2 The kinship resource family assessment is reviewed annually from the resource home's approval date in KIDS for any family approved per OAC 340:75-7-24 to ensure the kinship resource family can continue to meet the child(ren)'s specific needs and provide a safe environment for the child(ren) in Oklahoma Human Services (OKDHS) custody.
(c) Resource home non-compliance or rule violation issues for families approved by a Resource Family Assessment or Kinship Resource Family Assessment. • 4 When non-compliance or rule violation issues in the home require remediation for continued use of the home, a written plan of compliance is developed as a tool to address the safety and stability of the child in OKDHS custody placed in the home.
(d) Resource home investigation for families approved by a Resource Family Assessment or Kinship Resource Family Assessment. • 7
(1) When a Child Protective Services investigation results in removal of a child in OKDHS custody from the home:
(A) Form 04MP014E, Notice of Child's Removal from Out-of-Home Placement, is provided by the child welfare (CW) specialist, per OAC 340:75-6-86; and
(B) the resource parent receives Form 04MP031E, Notice of Decision Not to Return Child After Investigation, from the CW specialist when a decision is made not to return the child to the home.
(2) Per Section 1-9-119 of Title 10A of the Oklahoma Statutes, the resource parent has the right to request and receive a fair and impartial administrative hearing regarding decisions that affect certification, retention, or placement of a child in OKDHS custody in the resource home.
(d) Closure of the resource home for families approved by a Resource Family Assessment or Kinship Resource Family Assessment. • 8 The resource home is closed and the contract is terminated, when:
(1) resource home services are no longer needed;
(2) kinship children are no longer placed in the kinship resource home;
(3) the child leaves a resource home jointly-approved for that specific child;
(4) the child is no longer placed in the resource home approved for the specific child;
(5) the resource parent requests closure;
(6) the resource parent fails to timely implement or maintain compliance with provisions of Form 04AF023E, Written Plan of Compliance, to resolve conditions that present a risk to the child or conditions that do not conform to the contract;
(7) there are non-compliance issues related to a rule, statute, contract, or a written plan of compliance that are unresolved including, but not limited to, failure of the resource parent or household member to meet or maintain the initial screening and requirements, per OAC 340:75-7-10.1 or maintain compliance with background requirements, per OAC 340:75-7-15; or
(8) rules, statutes, or contract violations by the resource parent or household member occurred that resulted in OKDHS determining the child to be unsafe in the resource home. • 2
(e) Fair hearing for families approved by a Resource Family Assessment or Kinship Resource Family Assessment. • 8 When the approved resource home is closed, the resource parent has the right to appeal closure through the fair hearing process, per OAC 340:75-1-12.6.
(f) Reassessment to re-open a previously closed resource, excluding kinship. When the resource is closed for more than 12 months but less than five years, the resource may be opened with an approved reassessment within 30-calendar days of the disposition date. • 10
INSTRUCTIONS TO STAFF 340:75-7-94
Revised 9-14-24
1. (a) Annual update. The annual update:
(1) is completed yearly by the assigned resource specialist following the home's approval on Form 04AF038E, Annual Update. When a resource home is moving towards adoption of a child placed in the home, the resource specialist completes Form 04AF044E, Adoption Addendum, and Form 04AN037E, Request for Resource Family Adoption Reference;
(2) prior to completion of a home visit with the resource family, requires that the resource specialist:
(A) completes Form 04AF045E, Annual Update Records Check, including all new records since completion of previous Forms 04AF007E, Records Check Documentation or 04AF045E. The resource specialist reviews new and previous Forms 04AF007E and 04AF045E to ensure all applicable information is documented;
(B) reviews all written plans of compliance (WPC), policy violations, referrals, and investigations that occurred in the resource home;
(C) reviews the records found on Oklahoma State Courts Network (OSCN) and Oklahoma District Court Records (ODCR) including, but not limited to:
(i) divorce records;
(ii) protective orders; and
(iii) civil lawsuits; and
(D) completes a search of the:
(i) Community Services Worker Registry at https://cswrpublic.okdhs.org/cswrpublic;
(ii) Restricted Registry at https://ccrrpublicjl.okdhs.org/ccrrpublicjl/public/; and
(iii) Oklahoma State Department of Health (OSDH) Nontechnical Services Workers Abuse Registry at https://www.phin.state.ok.us/nar/; and
(E) reviews the Oklahoma State Bureau of Investigation (OSBI) records and prosecution (RAP) Back report entered in the KIDS Resource document management system (DMS) regarding each resource parent and adult household member, when applicable. The resource specialist:
(i) obtains the disposition of each arrest or charge reported on the OSBI RAP Back report; and
(ii) discusses the report with the resource parent or adult household member; and
(F) conducts a Juvenile Online Tracking System check when a household member becomes 13 years of age;
(G) obtains fingerprints and a background check when a member of the household becomes 18 years of age; and
(H) consults with the child welfare (CW) specialist assigned to each child in Oklahoma Human Services (OKDHS) custody placed in the resource home to identify any issues or concerns that have arisen with the resource family; and
(3) includes documentation of face-to-face interviews with each resource parent, child, and any other adult household members. The visit is arranged at a convenient time for the resource family and is conducted in the resource home. The resource specialist provides Form 15GR008E, Notice of Grievance Rights – Foster Parents, a copy of the Statement of Foster Parents' Rights, and a copy of the liability insurance policy to the family during the home visit. The resource specialist provides the resource parent with materials to obtain the required 12 hours of in-service training and addresses concerns not previously addressed with the resource family;
(4) consists of:
(A) signed and dated Form 04AF038E, Annual Update;
(B) signed and dated Form 04AF045E;
(C) signed and dated Form 04AF004E, House Assessment, with:
(i) a copy of each resource parent's current driver license, state identification card, or for active military members and spouses, a current military identification card;
(ii) a copy of the current insurance verification for each resource parent's vehicle;
(iii) copy of pet vaccinations, per Oklahoma Administrative Code (OAC) 340:75-7-18; and
(iv) signed and dated Form 04MP061E, Water Safety Checklist and Agreement for Resource Applicant or Parent; and
(D) signed and dated Form 15GR008E;
(E) two personal references from the resource parent. The resource specialist sends Form 04AF034E, Resource Family Personal Reference Letter Annual Update, to each reference;
(F) Form 04AF014E, Resource Family Reference Letter for School Personnel, completed for each child in OKDHS custody. When a resource parent does not have a child in OKDHS custody enrolled in school, an additional personal reference is required;
(G) Form 04AF013E, Adult Behavioral Health Reference Letter, or Form 04AF012E, Child's Behavioral Health Reference Letter, when a household member, other than a child in OKDHS custody, received behavioral health services since the last assessment period. The resource specialist uses Form 13HI003E, Authorization to Disclose Medical Records, to obtain permission from the resource parent to receive his, her, or the child's behavioral health information. In addition to Form 04AF013E, the resource specialist requests behavioral records from the behavioral health professional;
(H) documentation of all completed resource parent training;
(I) signed and dated Form 04AF021E, Verification of Receipts of OKDHS Rules; and
(J) new fingerprints for all adults, whose fingerprints are more than five years old; and
(5) every fifth year, the annual update includes a new:
(A) Form 04AF008E, Medical Examination Report, for each adult household member residing in the home;
(B) Form 04AF017E, Resource Parent Health History, for each adult household member residing in the home; and
(C) Form 04AF010E, Resource Family Financial Assessment, with copies of paycheck stubs.
(b) Annual update review results.
(1) The resource specialist and resource supervisor discuss any concerns identified in Form 04AF038E, Annual Update.
(2) The resource specialist and each resource parent review and sign Form 04AF038E.
(3) The resource supervisor signs and approves Form 04AF038E.
(4) A signed copy of Form 04AF038E, except for the protected information section, is provided to the resource parent.
(5) The resource specialist scans Form 04AF038E and attachments into the KIDS Resource DMS and files a copy in the resource file.
2. Continuous resource home approval. The resource home remains approved until there is a specific action by either party to cancel or terminate the contract or close the home.
3. Unfinished annual update.
(1) When an annual update is unfinished due to non-compliance or lack of cooperation by the resource parent, the resource specialist:
(A) staffs with the resource supervisor to determine the action to take;
(B) prepares Form 04AF042E, Request for Exception to Resource Home Requirements, and gives the resource parent 30-calendar days to meet the requirements; and
(C) does not place an additional child in the resource home until the requirements are met.
(2) When the requirements are not met within 30-calendar days and children are not currently placed in the resource home, the resource specialist closes the resource home, per OAC 75-7-94 ITS # 7.
(3) When the requirements are not met within 30-calendar days and children are currently placed in the resource home, the resource specialist:
(A) prepares a WPC; and
(B) does not place an additional child in the resource home until the requirements are met.
(4) When the WPC requirements are not met, the resource specialist staffs with the field manager.
4. (a) Safety and compliance concerns or issues in the resource home.
(1) Child Welfare Services (CWS) evaluates safety or compliance concerns or issues in the resource home at the time the concern or issue is observed or received that includes, but is not limited to:
(A) discipline practices;
(B) the resource parent's judgment or supervision; or
(C) concerns or issues that affect the safety of or placement stability for the child placed in the resource home.
(2) CWS staff evaluates and determines the need for a child abuse and neglect referral, per OAC 340:75-3-410.
(3) When the concerns or issues do not meet the criteria for abuse or neglect, per OAC 340:75-3, the CW specialist or resource specialist documents the information on Form 04AF022E, Report of Violation of Rules in a OKDHS Resource Home. The resource specialist discusses the rules violation with the resource supervisor to determine if a WPC is needed.
(4) The resource specialist assesses the concerns or issues and takes action within 10-business days from the date the concerns or issues were received.
(b) Resource alert.
(1) Concerns or issues that affect the safety of or placement stability for a child placed in the resource home that require ongoing monitoring are documented as a resource alert. Resource alerts increase communication between specialists working with the resource parent(s) and children placed in the resource home. Resource alerts require ongoing monitoring by each specialist that works with a child placed in the resource home and the resource parent(s). Resource alerts include, but are not limited to, indicating:
(A) a resource parent(s) with high stress level;
(B) an identified inappropriate caregiver or caregivers denied by OKDHS;
(C) frequent visitors to the home that may require assessment;
(D) prior substance abuse history by the resource parent(s);
(E) lack of resources or support; or
(F) the home's physical environment presents potential safety risks to a child.
(2) When a concern or issue related to the resource home or a child placed in the home is identified, the CW specialist that identifies the concern or issue contacts the other assigned specialists the same day to discuss the concern or issue and develop a plan for ongoing monitoring.
(3) The resource specialist adds an Alert – Resource Notice contact in KIDS within two-business days. The contact outlines the concern or issues that require ongoing monitoring and describes the type of monitoring that must occur and for what length of time. Types of monitoring may include, but are not limited to:
(A) additional phone contact;
(B) additional visits in the home;
(C) unannounced visits to the home;
(D) assessment of individuals identified in the home frequently; or
(E) assessment of individuals providing care for a child outside the home.
(4) Prior to initiating monthly contact with the resource family, the resource specialist contacts each child's assigned CW specialist to discuss the resource alert and any new information related to the concern.
(5)The resource specialist documents in KIDS contacts each occurrence of ongoing monitoring. The contact type selected is Alert – Resource Notice Ongoing Monitoring in KIDS. Ongoing monitoring occurs monthly, at a minimum.
(6) When the concern or issue is resolved, the resource specialist documents how the issue was resolved and closes the resource alert in KIDS.
(c) WPC. When non-compliance issues or rule violations in the resource home require remediation for continued use of the home, Form 04AF023E, Written Plan of Compliance, is initiated. The WPC is a joint effort between the resource specialist, resource supervisor, assigned CW specialist, and CW supervisor along with the resource parent to identify action steps the resource parent and OKDHS may take to bring the resource home into compliance. This includes implementation of a plan to provide additional supports for the resource home, when needed.
(1) The resource specialist uses Form 04AF023E to develop the WPC with the resource parent to address issues regarding rule violations and concerns, per OAC 340:75-7-94.
(2) The resource specialist consults with the child's CW specialist each month to discuss the WPC or other concerns and documents in a resource case contact in KIDS.
(3) When a WPC is in effect and new non-compliance issues are identified, Form 04AF023E is reviewed to determine if additional action is warranted. When necessary, additional action steps are added to the current WPC.
(4) When the resource parent disputes the identified issues and refuses to sign Form 04AF023E, the resource supervisor forwards Form 04AF023E to the field manager for review. The field manager reviews and assists in developing a plan to resolve the issue within 10-business days that may include phone or face-to-face contact with the resource parent.
(d) Preparing the WPC. When developing, preparing, and executing Form 04AF023E the resource specialist:
(1) consults with all CW specialists with a child placed in the resource home and staffs the issues with the CW supervisors;
(2) in conjunction with the resource parent, identifies measurable action steps;
(3) identifies a time limit, generally not exceeding 90-calendar days;
(4) obtains each resource parent's signature on Form 04AF023E;
(5) signs and dates Form 04AF023E and submits it to the resource supervisor for approval. The resource supervisor approves the WPC in KIDS and signs Form 04AF023E;
(6) provides a copy of Form 04AF023E with each required signature to the resource parent and each child's CW specialist;
(7) consults with each child's assigned CW specialist either in-person or by phone monthly to review the progress during the specified time requirements;
(8) adds action steps to the current WPC on Form 04AF023E when new issues are identified;
(9) updates signatures and dates at each review and when new action steps are added; and
(10) consults with each child's assigned CW specialist and evaluates Form 04AF023E for completion, makes a recommendation regarding continued use of the resource home, and staffs the recommendation with the resource supervisor.
(A) The resource supervisor approves the WPC recommendation and resolution in KIDS and signs Form 04AF023E.
(B) The resource parent and the resource specialist sign and date the WPC resolution.
(C) Original Form 04AF023E is provided to the resource parent and a signed copy is filed in the resource file and scanned into the KIDS Resource DMS.
5. Screened-out consultations.
(1) The resource supervisor or the resource family partner (RFP) liaison supervisor assesses the screened-out referral within two-business days of receipt to determine if immediate action is needed. The supervisor:
(A) reviews all available information in the new report including the narrative, allegations, and reporter information;
(B) reviews all CWS and criminal history thoroughly to determine if a behavior pattern exists;
(C) discusses the new report with the resource specialist;
(D) determines if the resource specialist needs to gather additional information from the child, resource family, or collaterals to discuss during the screen-out consultation; and
(E) consults with the field manager, RFP agency director, or child's assigned supervisor regarding immediate action, when needed.
(2) The resource supervisor, the RFP liaison supervisor, or the RFP liaison schedules a conference call that is held within 10-business days to discuss the screened-out referral with the required participants in (A) through (J), who are the:
(A) permanency planning (PP) specialists;
(B) PP supervisors;
(C)resource specialist;
(D)resource supervisor;
(E) RFP, therapeutic foster care (TFC), or intensive treatment family care (ITFC) agency worker;
(F) RFP, TFC, or ITFC agency supervisor;
(G) RFP ,TFC, or ITFC liaison supervisor;
(H) enhanced foster care field coordinator, if applicable;
(I) child's tribal worker; and
(J) tribal resource worker, when any.
(3) Prior to the conference call, the resource specialist sends the Resource Information Sheet, located in the KIDS resource, and all completed record checks to all participants. Each participant reviews all available information on the resource home including a review of previous referrals and investigations, resource alerts, policy violations, and WPCs.
(4) The screened-out consultation includes:
(A) discussing the current allegations of the screened-out referral;
(B) identifying any safety issues in the home;
(C) discussing previous assigned or screened-out referrals in totality;
(D) discussing previous resource alerts, policy violations, and WPCs;
(E) discussing placement decisions for each child currently in the home;
(F) assessing if additional supports are needed;
(G) determining if a resource alert is warranted;
(H) determining if a policy violation occurred;
(I) determining if a WPC is warranted;
(J) determining if more frequent PP contact with each child is needed; and
(K) establishing each CW specialist's or RFP worker's role and responsibilities.
(5) During the conference call, a plan is developed to address identified needs including supports, responsible parties, and time frames for the plan's implementation and monitoring.
(6) During the conference call, when it is determined that a WPC is not sufficient to address identified concerns a higher-level staffing is initiated by the resource supervisor. This staffing is held within two-to-five business days from the screened-out consultation and the resource supervisor invites the workers, supervisors, field manager(s), RFP agency director, district director(s), and child's tribal worker, when any, involved in the resource and PP cases.
(7) All screened-out consultations are documented in the KIDS Resource within five-business days of the screened-out consultation. The referral(s) associated with the screened-out consultation is selected for the contact. Resource staff documents the screened-out consultation in the resource case using "Screen-out Consultation" as the contact purpose.
(8) When there is a concern that the referral was inappropriately screened-out or a conflict exists on how to proceed, the resource supervisor or the RFP liaison supervisor staffs with the field manager, field administrator, RFP agency director, and district director(s) for further referral review. When the review determines the referral warrants an investigation, the resource supervisor or RFP liaison supervisor contacts the CWS Hotline and requests the initial referral be assigned.
(9) When a duplicate screened-out referral is received, the resource supervisor and PP supervisor determine if a separate screened-out consultation is required. When all concerns can be addressed, including any new information from the duplicate screened-out referral, only one screened-out consultation is held.
(10) The resource specialist notifies the resource parent(s) within 30-calendar days that a screened-out referral was received. The resource specialist discusses the nature of the allegations, but the reporter's identity is not disclosed. The notification may occur face-to-face or by phone and may be discussed during the monthly contact or quarterly visit.
(11) The resource specialist documents all completed follow-up actions and information collected in the resource contacts in KIDS. The contacts must be clear that the behaviors or actions reported in the screened-out referral were addressed with all pertinent parties and include any action steps or resolution to the reported issue.
6. Referrals screened-out as policy violations.
(1) When a report of child abuse or neglect is received and subsequently screened-out with the reason of "policy violation," the Hotline specialist sends a same-day email to the assigned resource specialist, supervisor, and field manager notifying them that the report was received and requires follow-up.
(2) The resource supervisor or the RFP liaison supervisor conducts a review of the screened-out referral within two-business days, as previously outlined in ITS # 5.
(3) When the referral is screened out as a policy violation, the family's assigned resource specialist:
(A) reviews all available information in the new report including the narrative, allegations, and reporter information;
(B) reviews all CWS and criminal history to determine if a behavior pattern exists;
(C) contacts the reporter of the screened-out report for additional information, when needed;
(D) initiates face-to-face contact with the alleged victim and resource family within five-business days from receipt of the Hotline specialist's email notification;
(E) gathers information from collaterals with pertinent knowledge about the screened-out report, such as other children in OKDHS custody in the home, child's therapist, medical provider, tribal partners, or the child's teacher;
(F) consults with the resource supervisor and field manager or contract agency director, or child's assigned specialist and supervisor, as needed;
(G) communicates information gathered to all participants during the screen-out consultation; and
(H) documents the screened-out consultation within five-business days.
(4) When the information gathered supports that a policy violation occurred or a WPC needs to be initiated, resource staff follows guidance in OAC 340:75-7-94.
(5) The resource specialist documents all completed follow-up actions and information collected in the resource contacts in KIDS. The contacts must clearly indicate that the behaviors or actions reported in the screened-out referral were addressed with all pertinent parties and include any action steps or resolution about the reported issue.
7. Resource home investigation.
(1) 10-day staffing. The resource specialist attends the 10-day staffing that occurs during the resource home investigation, per OAC 340:75-7-37.1.
(2) Use of the resource home during an investigation.
(A) The CW specialist assigned to conduct the investigation notifies the resource specialist when initiating an investigation of the resource home.
(B) A child is not placed in the resource home until sufficient information is available for a recommendation.
(C) When sufficient information is available, a recommendation as to the continued use of the resource home is made by the CW specialist, CW supervisor, resource specialist, and resource supervisor.
(D) The discussion and decision are documented in the KIDS Resource Contacts by the resource specialist.
(3) Child's removal from the resource home during the investigation. When the child in OKDHS custody was in the resource home for three months or longer and is removed from the resource home during the investigation, the resource parent is provided a copy of Form 04MP014E, Notice of Child's Removal from Out-of-Home Placement. The CW specialist staffs with the CW supervisor, who consults with the district director, as necessary, to determine whether to:
(A) return the child to the resource home; or
(B) seek a different placement for the child.
(4) Child not returning to the resource home. When the decision is to not return the child to the resource home, the CW specialist:
(A) notifies the resource parent of the decision immediately by phone; and
(B) provides the placement plan and the rationale behind the decision in writing using Form 04MP031E, Notice of Decision Not to Return Child After Investigation, to the resource parent within three-business days after the decision.
(5) Concerns after a referral or investigation. The resource specialist, resource supervisor, assigned CW specialist, and CW supervisor review all referrals, whether screened-out or accepted, all investigations, and all reports to the district attorney regarding the resource home for issues or concerns. The resource specialist consults with the assigned CW specialist and CW supervisors regarding needed action or additional supports for the family as a result of the resource home investigation. When a supported home is involved, the OKDHS RFP liaison facilitates a conversation with the RFP foster care worker, RFP foster care supervisor, assigned CW specialist, and CW supervisor regarding needed action or additional supports for the family as a result of the resource home investigation. Action is taken within 10-business days upon completion of the program review by the Child Protective Services Programs Unit staff, per OAC 340:75-3-500.
8. Resource home closure. The resource contract is terminated, per OAC 340:75-7-52.
(1) Reason for closure. A resource home is closed upon consultation with the resource supervisor when:
(A) the kinship resource home is no longer needed. Prior to closure, the resource specialist consults with the resource supervisor to determine if the kinship resource parent is in good standing, and if the family wants to convert to a traditional resource home, per OAC 340:75-7-12 and 340:75-7-19 Instructions to Staff # 3. When the family wants to convert to a traditional resource home, Form 04AF037E, Resource Conversion Addendum, is completed prior to opening a new resource. The resource specialist opens a new resource in KIDS as Type - CW Foster Family;
(B) services are no longer needed for a jointly-approved home that is child specific;
(C) a resource parent requests closure and the home is in good standing with no identified issues of concern. The home is closed per the resource parent's request;
(D) non-compliance issues cannot be resolved. The resource specialist completes the requirements to close the home; or
(E) an investigation results in a substantiated finding of abuse or neglect, the field manager reviews the results and considers the safety of a child in OKDHS custody, the resource parent's protective capacity, and the resource parent's compliance with recommended services in deciding to close the home. Substantiated findings of abuse or neglect do not automatically result in the closure of a resource home.
(2) Closure process following child removal from resource home. When a child(ren) was removed from the resource home due to a safety issue or investigation, the resource specialist:
(A) contacts the CW specialist and ensures Form 04MP014E, Notice of Child's Removal from Out-of-Home Placement, was provided to the resource parents(s). When Form 04MP014E was not provided, the CW specialist or resource specialist provides Form 04MP014E to the resource parent(s);
(B) reviews KIDS Resource DMS for Form 04MP031, Notice of Decision Not to Return Child After Investigation, and any court hearing on that removal;
(C) waits at least 10-business days from the date Form 04MP014E was provided before sending Form 04FC008E, Notice of Closure to OKDHS Resource Parents, to the resource parent(s); and
(D) indicates on Form 04FC008E that an administrative hearing is not granted when the court:
(i) already ordered child(ren) removed from the resource home; or
(ii) following the court hearing upheld the OKDHS decision to remove child(ren) from the resource home.
(3) Closure process. The resource specialist:
(A) contacts the resource parent to explain the reason for the closure and makes diligent efforts to resolve concerns or misunderstandings;
(B) documents the action in KIDS Resource Contacts;
(C) completes Form 04FC008E by:
(i) describing the reason for closure of the resource home in concise language;
(ii) detailing OKDHS requirements the resource home no longer meets and attaching copies of relevant OKDHS rules, laws, or the foster care contract; and
(iii) mailing or hand-delivering original Form 04FC008E to the resource parent, filing a copy in the resource file, and scanning it into the KIDS Resource DMS; and
(D) enters:
(i) a contact in the KIDS Resource Contacts;
(ii) in concise language a summary outlining the reason for closure including the resource parent's performance history; and
(iii) a recommendation regarding future consideration of the resource family; and
(E) enters a comment in the closure summary in the Open Close History tab in the KIDS Resource referring to Contacts for complete closure summary.
(4) Time requirements for closure of the resource home.
(A) Action is taken within 10-business days of the decision to close the resource home to provide Form 04FC008E. Unless there has been a request for a fair hearing, the resource is closed in KIDS 30-calendar days from the date of the closure notice when the closure is based on:
(i) policy violations;
(ii) non-compliance with a WPC; or
(iii) the resource parent's request.
(B) When the substantiated finding of a child abuse or neglect investigation is appealed, action is taken within 10-business days following notification of the decision by the Appeals Program Unit.
9. Fair hearing. When a resource parent requests a fair hearing, the resource specialist provides the resource parent Form 13MP005E, Resource Family Request for a Fair Hearing. The resource specialist assists the resource parent with completing and submitting Form 13MP005E to the Legal Services Appeals Unit. The resource specialist:
(1) prepares a fair hearing summary by completing Form 13MP002E, Hearing Summary, per OAC 340:2-5-96 to:
(A) explain why the resource home is being closed;
(B) briefly describes the:
(i) action taken;
(ii) facts supporting the action; and
(iii) information relied upon in taking the action; and
(C) document:
(i) the number of children the family has cared for since approval;
(ii) the number, type, and outcome of child abuse and neglect referrals and rule violation episodes that occurred during the resource parent's tenure or association with OKDHS; and
(iii) when the resource parent requested an appeal of the findings of any investigation and, if so, the outcome; and
(D) describe the WPC history and results;
(E) list all training the resource family completed and completion dates;
(F) attaches attach documentation that supports the OKDHS decision to close the resource home, such as:
(i) the foster care contract;
(ii) Form 04FC008E; and
(iii) Form 04AF021E, Verification of Receipt of OKDHS Rules.
(I) Form 04KI003E, Report to District Attorney, is not used in the fair hearing process unless the administrative hearing officer presiding over the hearing orders it disclosed after an in camera review and based upon a finding of compelling reasons.
(II) The resource specialist informs the CW specialist who completed the child abuse or neglect investigation and the CW supervisor of the hearing.
(III) The CW specialist attends the fair hearing. When the CW specialist is no longer employed by OKDHS, the CW supervisor or district director attends the hearing; and
(2) submits original Form 13MP002E, Hearing Summary to the OKDHS Legal Services Appeals Unit;
(3) reviews OAC 340:2-5-90 through 340:2-5-105 regarding the administrative hearing process; and
(4) reviews all case-related information to prepare for the fair hearing.
10. (a) Reassessment to reopen a previously closed resource. The reassessment:
(1) is completed by the assigned resource specialist using Form 04AF029E, Guidelines for the Resource Family Reassessment, and documented on Form 04AF030E, Resource Family Reassessment;
(2) requires that the resource specialist, prior to completion of a home visit with the applicant family:
(A) completes Form 04AF007E, Records Check Documentation, per OAC 340:75-7-15; and
(B) reviews OSBI records and prosecution (Rap) Back report entered in the KIDS Resource DMS regarding each applicant and adult household member, when applicable fingerprints are within 5 years of processing date. If fingerprints are expired, a new OSBI name-based search and fingerprints are required; and
(3) includes documentation of face-to-face interviews with each applicant, biological or adopted child, and any other adult household members. The resource specialist provides Form 15GR008E, Notice of Grievance Rights – Foster Parents, a copy of the Statement of Foster Parents' Rights, and a copy of the liability insurance policy to the family during the home visit. The resource specialist provides the applicant(s) with materials to obtain the required 12 hours of in-service training; and
(4) consists of:
(A) signed and dated Form 04AF030E;
(B) signed and dated Form 04AF007E;
(C) signed and dated Form 04AF004E, House Assessment, with:
(i) a copy of each applicant's current driver license, state identification card, or for active military members and spouses, a current military identification card;
(ii) a copy of the current insurance verification for each applicant's vehicle;
(iii) a copy of pet vaccinations, per OAC 340:75-7-18; and
(iv) signed and dated Form 04MP061E, Water Safety Agreement; and
(D) signed and dated Form 15GR008E;
(E) signed and dated Form 04AF017E, Resource Parent Health History, for all adult household members;
(F) completed Form 04AF008E, Medical Examination Report, for all adult household members;
(G) signed and dated Form 04AF010E, Resource Family Financial Assessment, and copies of recent paycheck stubs;
(H) signed and dated Form 04AF018E, Child Needs Information List;
(I) signed and dated Form 0FAF021E, Verification of OKDHS Rules;
(J) signed and dated Form 04MP042E, Application for Child Welfare Child Care Benefits, if applicable;
(K) signed and dated Form 04AF005AE, Notice to Resource Applicants;
(L) signed and dated Form 04AF001E, Resource Family Assessment Application, and a copy of each applicant's Social Security card; and
(M) references completed per OAC 340:75-7-18 ITS.
(b) Reassessment review results.
(1) The resource specialist and resource supervisor discuss any concerns identified in Form 04AF030E.
(2) The resource specialist and each resource parent review and sign Form 04AF030E.
(3) The resource supervisor signs and approves Form 04AF030E.
(4) A signed copy of Form 04AF030E, except for the protected information section, is provided to the resource parent.
(5) The resource specialist scans Form 04AF030E and attachments into the KIDS Resource DMS and files a copy in the resource file.
