COMMENT DUE DATE:
March 31, 2017
DATE:
March 1, 2017
Shirley Russell, Child Welfare Services 405-521-2881
Dena Thayer, Programs Administrator 405-521-4326
Nancy Kelly, Policy Specialist 405-522-6703
RE:
APA WF 17-14
The proposed policy is Permanent . This proposal is subject to Administrative Procedures Act
It is important that you provide your comments regarding the draft copy of policy by the comment due date.Comments are directed to STO.LegalServices.Policy@okdhs.org.The proposed policy is permanent.
SUBJECT:CHAPTER 75. CHILD WELFARE SERVICES
Subchapter 6. Permanency Planning
Part 8. Child Welfare Specialist Role
340:75-6-48.3 [AMENDED]
Part 11. Permanency Planning and Placement Services
340:75-6-85 [AMENDED]
340:75-6-85.3 [REVOKED]
Part 13. Independent LivingOklahoma Successful Adulthood
340:75-6-110 [AMENDED]
Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services
Part 1. Therapeutic Foster Care
340:75-8-8 through 340:75-8-9 [AMENDED]
340:75-8-11 [AMENDED]
(Reference WF 17-14)
SUMMARY:
The proposed revisions to Chapter 75 Subchapter 6 amend child permanency planning rules to update:(1) policy on runaway youth to comply with House Bill (HB) 1078 (2015) and Senate Bill (SB) 1200 (2016); (2) Independent Living policy to conform with federal requirements for the State Plan and HB 1078 (2015); and (3) placement considerations for a child in Oklahoma Department of Human Services (DHS) custody to comply with HB 2621 (2016).
The proposed revisions to Chapter 75 Subchapter 8 amend therapeutic foster care (TFC) rules to:(1) comply with statutory changes per HBs 1078 (2015) and 1273 (2015); (2) implement maltreatment in care core strategy approved by Pinnacle Plan Co-Neutrals; and (3) update placement considerations to comply with HB 2621 (2016).
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); Chapter 75 Subchapter 6:10 O.S. § 40.6; 10A O.S. §§ 1-1-102, 1-1-105,1-4-101, 1-4-204, 1-4-705, 1-4-707, 1-4-709 through 1-4-711, 1-4-803 through 1-4-805, 1-4-807, 1-4-811, 1-4-812, 1-7-103, 1-7-106, 1-7-107,1-9-107, 1-9-119, 1-9-123, 2-3-101, and 2-9-101 through 2-9-116; 43 O.S. §§ 118 and 119; 20 U.S.C. §§ 1400 through 1461; 22 U.S.C. § 7102; 42 U.S.C. §§ 671 and 673; 25 U.S.C. 1915, Multiethnic Placement Act 1994 Public Law 103-82, Interethnic Provisions Act 1996,and 42 U.S.C. § 673; Chapter 75 Subchapter 8:10A O.S. §§ 1-1-105 and 1-9-119, Multiethnic Placement Act 1994 Public Law 103-82.Rule Impact Statement
To:Programs administrator
Legal Services Policy
From:Jami Ledoux,Director
Child Welfare Services (CWS)
Date:February 1, 2017
Re:CHAPTER 75. CHILD WELFARE SERVICES
Subchapter 6. Permanency Planning
Part 8. Child Welfare Specialist Role
OAC 340:75-6-48.3 [AMENDED]
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85 [AMENDED]
OAC 340:75-6-85.3 [REVOKED]
Part 13. Independent Living Oklahoma Successful Adulthood
OAC 340:75-6-110 [AMENDED]
Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services
Part 1. Therapeutic Foster Care
OAC 340:75-8-8 through 340:75-8-9 [AMENDED]
OAC 340:75-8-11 [AMENDED]
(Reference WF 17-14)
Contact:Shirley Russell, Policy Programs Administrator, 405-521-2881
A.Brief description of the purpose of the proposed rule:
The proposed revisions to Chapter 75 Subchapter 6 amend child permanency planning rules to update: (1) policy on runaway youth to comply with House Bill (HB) 1078 (2015) and Senate Bill (SB) 1200 (2016); (2) Independent Living policy to conform with federal requirements for the State Plan and HB 1078 (2015); and (3) placement considerations for a child in Oklahoma Department of Human Services (DHS) custody to comply with HB 2621 (2016).
The proposed revisions to Chapter 75 Subchapter 8 amend therapeutic foster care (TFC) rules to:(1) comply with statutory changes per HBs 1078 (2015) and 1273 (2015); (2) implement maltreatment in care core strategy approved by Pinnacle Plan Co-Neutrals; and (3) update placement considerations to comply with HB 2621 (2016).
Strategic Plan Impact.
The proposed revisions to Chapter 75 Subchapter 6 achieve DHS goals by providing clarity and improved processes for staff, children, parents, foster parents, and placement providers working towards reunification, permanency, and improving child safety.
The proposed revisions to Chapter 75 Subchapter 8 achieve DHS goals by enhancing supports to children and providers involved in TFC.
Substantive changes.
Subchapter 6. Permanency Planning Services
Part 8. Child Welfare Specialist Role
Oklahoma Administrative Code (OAC) 340:75-6-48.3 is amended to:(1) establish a detailed reporting process to law enforcement for a runaway or abducted child in DHS custody per HB 1078 (2015); and (2) permit the holding of runaway juveniles from other states in a detention facility, per SB 1200 (2016).
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85 is amended to include a limited exception that permits siblings removed from their home to be in separate placements, per HB 2621 (2016).
OAC 340:75-6-85.3 is revoked.This policy section is redundant since sibling placement is covered in OAC 340:75-6-85.
Part 13. Independent Living Oklahoma Successful Adulthood
OAC 340:75-6-110 is amended per HB 1078 (2015) to:(1) change the name of "independent living" program to "successful adulthood" program; (2) permit youth to select two members of permanency planning team; (3) create a list of essential documents for youth leaving foster care at 18 years of age; and (4) lower the age that a youth starts receiving an annual credit report to 14 years of age per federal requirements for the State Plan.
Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services
Part 1. Therapeutic Foster Care
OAC 340:75-8-8 is amended to ensure TFC contractors train TFC parents in applying reasonable and prudent parent standards per HB 1078 (2015) and on reporting household changes.
OAC 340:75-8-9 is amended to direct TFC contractors on placement preferences for a child in DHS custody, denial of payment for placements, and guidance on sibling separation, per HB 2621 (2016).
OAC 340:75-8-11 is amended per Pinnacle Plan and core strategies to provide foster parent supports to TFC parents including child care, travel reimbursement, and liability insurance and clarify the requirements for a disruption staffing for all unplanned placement changes.
Reasons.
Chapter 75 Subchapter 6:The proposed revisions address the legislative changes to runaway youth, sibling separation, and placement preference effective November 1, 2016, and federal requirements for the State Plan.
Chapter 75 Subchapter 8:The proposed revisions address the supports available for TFC providers and placement preference effective November 1, 2016.
Repercussions.
Chapter 75 Subchapter 6:The proposed modifications are designed to create uniformity in policy application and ensure improved permanency outcomes for children in DHS custody.
Chapter 75 Subchapter 8:The proposed modifications are designed to improve TFC services and supports for providers and children in DHS custody.
Legal authority.
Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); Chapter 75 Subchapter 6:10 O.S. § 40.6; 10A O.S. §§ 1-1-102, 1-1-105,1-4-101, 1-4-204, 1-4-705, 1-4-707, 1-4-709 through 1-4-711, 1-4-803 through 1-4-805, 1-4-807, 1-4-811, 1-4-812, 1-7-103, 1-7-106, 1-7-107,1-9-107, 1-9-119, 1-9-123, 2-3-101, and 2-9-101 through 2-9-116; 43 O.S. §§ 118 and 119; 20 U.S.C. §§ 1400 through 1461; 22 U.S.C. § 7102; 42 U.S.C. §§ 671 and 673; 25 U.S.C. 1915, Multiethnic Placement Act 1994 Public Law 103-82, Interethnic Provisions Act 1996,and 42 U.S.C. § 673; Chapter 75 Subchapter 8:10A O.S. §§ 1-1-105 and 1-9-119, Multiethnic Placement Act 1994 Public Law 103-82.
Permanent rulemaking approval is requested.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities:
Chapter 75 Subchapter 6:The classes of persons most likely to be affected by the proposed rules are CWS staff, foster parents, parents, prospective guardians, and children involved in permanency cases.The affected classes bear no costs associated with the implementation of the rules.
Chapter 75 Subchapter 8:The classes of persons most likely to be affected by the proposed rules are the TFC providers, children in DHS custody, and CWS staff.The affected classes bear no costs associated with the implementation of the rules.
C.A description of the classes of persons who will benefit from the proposed rule:
Chapter 75 Subchapter 6:The classes of persons who will benefit are CWS staff, foster parents, parents, group homes, and children involved in permanency cases.
Chapter 75 Subchapter 8:The classes of persons who will benefit are children in DHS custody, TFC providers, and CWS staff.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:The revised rules do not have an economic impact on the affected entities.There are no fee changes associated with the revised rules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:DHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.The revised rules will result in enhanced delivery of services to positively impact clients, families, and DHS staff.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:There are no less costly, non-regulatory, or less intrusive methods for achieving the purpose of the proposed rules.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk:Implementation of the proposed rule revisions clarify and update rules that facilitate quicker, more efficient service delivery to children and families and may reduce risks to children's health, safety, and environment.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed rule revisions are not implemented, processes may not be followed as intended that may delay services to persons who are in need and place children at risk.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared February 1, 2017.
SUBCHAPTER 6. PERMANENCY PLANNING
PART 8. CHILD WELFARE SPECIALIST ROLE
340:75-6-48.3. Runaway or abducted children in Oklahoma Department of Human Service (DHS) custody or supervision¢ 1 through 7
Revised 2-29-169-15-17
(a) When DHS takes appropriate steps when a child in Oklahoma Department of Human Services (OKDHS) DHS custody, care, or supervision runs away or is abducted, OKDHS immediately takes steps to locate the child or when DHS has reasonable cause to believe a child is currently, or is at risk of being, a victim of sex trafficking, including a child:
(1) for whom DHS has an open case file, but who was not removed from the home;
(2) who ran away from foster care and who has not attained 18 years of age; or
(3) who is not in foster care, but is receiving services.
(b) When notified a child has run away or is missing from a placement, the child welfare (CW) specialist within 24 hours of notification, reports the child's status to local law enforcement and requests local law enforcement report the child to the National Crime Information Center, per Section 1-9-123 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-9-123).The CW specialist reports the child's status to the National Center for Missing and Exploited Children.
(c) When a child in DHS custody has run away or is missing from a placement, DHS:
(1) immediately takes steps to locate the child;
(2) determines the primary factors that contributed to the child running away or otherwise being absent from placement;
(3) documents and responds, to the extent possible and appropriate, to those factors that contributed to the absence from care or runaway behaviors in the current and subsequent placements of the child; and
(4) determines what the child experienced while absent from care including an appropriate screening to see if the child is a possible victim of sex trafficking.
(d) The CW specialist reports to law enforcement authorities immediately and, in no case later than 24 hours, after receiving information on a child who is identified as a sex trafficking victim, per 10A O.S. § 1-1-105.
(e) Runaway juveniles from other states, with or without delinquent status, may be held in a detention facility, per 10A O.S. § 2-3-101 and the Interstate Compact for Juveniles Act, 10A O.S. §§ 2-9-101 through 2-9-116.
INSTRUCTIONS TO STAFF 340:75-6-48.3
Revised 2-29-169-15-17
1.Runaway or abducted Missing from care child protocol scope.The child in Oklahoma Department of Human Services (DHS) custody or under DHS supervision, if in an open Child Protective Services (CPS) investigation, family-centered services (FCS) case, or a Permanency Planning (PP) case is considered a runaway or abducted missing from care when the child, without DHS permission, leaves or is taken by a parent, placement provider, or any person from a DHS-authorized location, including his or her own home, a respite or relative's home, foster care, or any placement more restrictive than a foster care placement.
2.Placement provider role.When the placement provider learns the child is missing, the provider:
(1) files a report with local law enforcement; and
(2) contacts the assigned child welfare (CW) specialist, providing details of the incident and information reported to law enforcement.
3.Role of CW specialist role.When the CW specialist is notified the child is missing, the CW specialist:
(1) immediately files a report with local law enforcement and requests that the child be reported to the National Crime Information Center (NCIC);
(2) immediately notifies the district attorney, child's attorney, and, when applicable, the child's parent or parents;
(3) submits the necessary paperwork, as determined by the court of jurisdiction, within one-business day to request that the court issue a pick-up order indicating the child is a ward of the court;
(4) documents no later than one-business day after the episode, the runaway or abducted missing from care placement episode in KIDS Placement screen with an exit reason of AWOL (runaway) when the child has an open removal and is in DHS custody;
(5) contacts any relative or collateral including, but not limited to, a court-appointed special advocate (CASA), guardian ad litem, service provider, counselor, therapist, or school personnel, who may have information about the child's whereabouts.The CW specialist:
(A) continues to make ongoing efforts to locate the child until the child is safely returned to an approved placement including, but not limited to, contacting law enforcement, relatives, any collaterals, or other sources that may assist DHS in locating and protecting the child.These efforts take place as often as needed and never less than once per month until the child is located; and
(B) documents the contacts explaining efforts to locate the child in KIDS Contacts screen at least once per month, flagging the contact as a "Worker visit, no contact with child";
(6) updates KIDS Living Arrangement fields in Client/Gen. Info./Birth Place/Living Details tab with AWOL (runaway); and
(7) immediately notifies the CW supervisor and district director to inform them the child is missing from care and to confirm all steps are being taken to locate the child, including reporting the child to the National Center for Missing and Exploited Children (NCMEC) within 24 hours after receiving notification of an AWOL episode.
4.District director role.The district director:
(1) ensures the CW specialist reports, the child to NCMEC after notification from the CW specialist and documents in a KIDS Contacts.When extenuating circumstances exist where the search for the missing child needs additional assistance to locate the child, the Office of the Inspector General (OIG) may be contacted after NCIC and NCMEC notifications were completed;
(2) maintains a current log of children who are in runaway or abducted missing status and compares the log to Report YI103, Placement Report, Runaway Tab, to ensure each child on the log is entered into KIDS;
(3) ensures significant efforts are continuously made to locate the child and documented at least once per month;
(4) communicates search efforts regularly to the regional director on a schedule set by the regional director; and
(5) ensures the child is retrieved and placed in an approved placement as soon as the child is located.
5.National search efforts.
(1) A national search involves assistance from NCMEC to locate the child.National search procedures include, but are not limited to, when the child:
(1)(A) was abducted while in DHS custody or under DHS supervision, whether in an open CPS investigation, FCS case, or a PP case;
(2)(B) is not in the DHS-approved DHS placement and there is no indication this was a planned runaway by the child;
(3)(C) runs away, and, due to behavior or circumstances, is at high risk of harm; or
(4)(D) when information is received that changes the decision not to initiate national search efforts or seven-calendar days elapse without locating the child.
(5)(2)When national search efforts are necessary, the CW specialist:
(A) completes Form 04MP023E, Runaway Child Report, or 04MP026E, Abducted Child Report, as applicable, within one-business day of the staffing held to determine if national search efforts are initiated.Incomplete forms delay reports the child to NCMEC by calling 1-800-THE-LOST (1-800-843-5678) or by reporting online at http://cmfc.missingkids.org/ReportHere.When reporting online, the CW specialist needs to create an online account with NCMEC.The CW specialist:
(i) clicks the link for first time user;
(ii) enters his or her email address and state;
(iii) receives an email from NCMEC with a link to continue registration; and
(iv) creates a user identification (ID) and password to complete registration.The CW specialist receives an email from NCMEC with a link to his or her account for login.The CW specialist saves the link for future access to the account;
(B) immediately emails completed Form 04MP023E or 04MP026E to the CW supervisor for review and approval.Upon approval, the CW supervisor emails the applicable form to the respective district director to report the runaway or abducted child to NCMEC provides information about the child, including:
(i) the child's full name;
(ii) the child's date of birth;
(iii) the date the child went missing;
(iv) the city and state where the child went missing;
(v) guardian information including the agency name and phone number;
(vi) law enforcement information including the agency name and phone number;
(vii) physical descriptive information including height, weight, hair and eye colors, and the clothing worn;
(viii) any risks or endangerments to the child;
(ix) the circumstances surrounding the incident; and
(x) a description of any person who may be with the child; and
(C) contacts the CPS Programs Unit when a child was abducted and the CPS Programs Unit enters a protective service alert, per Oklahoma Administrative Code (OAC) 340:75-3-300 Instructions to Staff (ITS) # 11.
6.Protocol for the return of the child who is runaway or abducted missing.When the child is located, the CW specialist:
(1) immediately assesses the child's safety and determines whether to:
(A) return the child to a DHS-authorized placement, when the child is in DHS custody.
(i) The CW specialist may consider seeking expedited placement approval with the person with whom the child was found including, but not limited to, a:
(I) parent whose parental rights are were terminated, when reinstatement is applicable per Section 1-4-909 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-909) and OAC 340:75-6-40.8;
(II) parent who has not completed the court-ordered individualized service plan, when this is a safe option or safety can be ensured through a safety plan and the court grants approval for reunification; or
(III) person who is not an a DHS-authorized DHS placement provider,by seeking expedited placement provider approval for such person.
(ii) Approval to place the child with the person with whom the child was found is determined on a case-by-case basis, unless the person has a felony conviction per OAC 340:75-7-15.The automatic bar to placement for certain criminal history does not apply to a parent.;
(2) assesses the reasons the child left the previous placement without DHS permission by evaluating the child's safety in the previous placement and having a private conversation with the child about why the child left, if the child felt safe there, and where the child wants to live.The content of this conversation is documented in a KIDS Contacts screen;
(3) refers to information on runaways, per OAC 340:75-1-86 Instructions to Staff ITS # 9, when a child, who is not in his or her DHS-approved DHS placement, was located in another state;
(4) takes steps to return the child to the legal custodian or recommends the child be placed in DHS custody when the child is under DHS supervision;
(5) immediately or no later than one-business day after the CW specialist has located a runaway or abducted child missing from care:
(A) notifies:
(i) local law enforcement and requests NCIC be notified that the child was located; and
(ii) the district attorney, child's attorney, and, when applicable, the child's parent or parents;
(B) submits the necessary paperwork as determined by the court of jurisdiction to recall the pick-up order;
(C) notifies CPS programs staff to close the protective service alert and reports to NCMEC, when applicable;
(D) end dates KIDS runaway or abducted missing placement episode, when applicable;
(E) updates KIDS Living Arrangements fields; and
(F) contacts any relative or collateral including, but not limited to, CASA, guardian ad litem, service provider, counselor, therapist, or school personnel, who was contacted for information on the whereabouts of the child to report the child's return to the DHS- authorized location.The CW specialist documents the contacts in KIDS Contacts screen; and
(6) immediately reports the child to law enforcement authorities, and in no case later than 24 hours after receiving information on a child who was identified as a sex trafficking victim, per 10A O.S. § 1-1-105.
7.Protocol for a runaway or abducted child missing from care who cannot be located.The CW specialist:
(1) continues to contact law enforcement, relatives, and any collaterals once per month until the child is located; and
(2) after a one-year search, when there are no other children in the case, the child is not in permanent DHS custody, and the child has not been located, submits Form 04KI009E, Court Report, or Form 04KI014E, Individualized Service Plan (ISP) Progress Report, to the court documenting the efforts to locate the child over the one-year time frame, and requests dismissal of the deprived case.
(A) The CW specialist advises each parent of the request for dismissal of the deprived case.
(B) When the court does not dismiss the deprived case, the CW case remains open and the CW specialist continues to make efforts every 90 30-calendar days until the child is located or the case is dismissed.The CW specialist requests that the deprived case be dismissed at each subsequent court review.
(C) When the deprived case is dismissed, the CW specialist:
(i) notifies law enforcement and the child's parent or parents, when applicable;
(ii) submits the necessary paperwork as determined by the court of jurisdiction to recall the pick-up order;
(iii) notifies CPS and programs staff to close out the protective service alert and reports to NCMEC, OIG, or both, when applicable;
(iv) end dates the KIDS runaway or abducted child missing from care placement episode;
(v) updates removal and custody status information in KIDS; and
(vi) closes the CW case.
PART 11. PERMANENCY PLANNING AND PLACEMENT SERVICES
340:75-6-85. Placement considerations for the child in Oklahoma Department of Human Services (DHS) custody¢ 1 through 138 & 9
Revised 11-17-149-15-17
(a) Legislative intent for the child placed outside the child's home.Per Section 1-1-102 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-102), when a child's placement outside of the home is necessary, pursuant to the per Oklahoma Children's Code, each child is assured care, guidance, and supervision in a permanent home or foster home that will serve serves the child's best interests including, but not limited to, the development of the child's moral, emotional, spiritual, mental, social, educational, and physical well-being.The child is entitled to a permanent home and placement in the least restrictive environment that meets the child's needs.¢ 1
(b) Multiethnic Placement Act of 1994 DHS responsibility for the child's out-of-home placement.DHS follows the provisions of the Multiethnic Placement Act of 1994 and the Interethnic Adoption Provisions of 1996, per Oklahoma Administrative Code (OAC) 340:75-1-9, unless the court finds that the Indian Child Welfare Act applies to the child.¢ 23DHS has the duty to provide for the care and treatment of each child placed in DHS custody by an order of the court, per 10A O.S. § 1-7-103.DHS:
(1) may place the child in a:
(A) kinship care home or other foster care home; or
(B) group home, children's shelter, or any licensed facility established for the care of children when a kinship or foster care home is not available;
(2) gives priority to the child's noncustodial parent unless the placement is not in the child's best interests; and
(3) reviews and assesses the child to determine the type of placement and services consistent with the child's needs in the nearest geographic proximity to the child's home as possible.
(c) DHS responsibility for the child's out-of-home placement authority to determine the child's placement.¢ 3DHS has the duty to provide for the care and treatment of each child placed in DHS custody by an order of the court, per 10A O.S. § 1-7-103.DHS:
(1) may place the child in:
(A) a kinship care home or other foster care home; or
(B) when no kinship or foster care home is available, a group home, children's shelter, or any licensed facility established for the care of children; DHS has the responsibility to determine if a placement is appropriate for the child in DHS custody and to remove the child from the placement when in the child's best interests, per 10A O.S. § 1-7-103, subject to the provisions of 10A O.S. §§ 1-4-804 and 1-4-805.
(2) gives priority to the child's placement with the child's noncustodial parent unless the placement is not in the child's best interests; andA request by a placement provider for immediate removal of the child is examined and assessed to determine if the situation can be resolved to prevent disruption of the child's placement.
(3) reviews and assesses the child to determine the type of placement and services consistent with the child's needs in the nearest geographic proximity to the child's home as possible.
(d) Relative placement preference if not with noncustodial parent Court's authority to approve or disapprove placement.¢ 3Per 10A O.S. § 1-4-204 and 10A O.S § 1-7-106, when DHS determines that placement with the noncustodial parent is not in the child's best interests, preference is given to relatives and persons who have a kinship relationship with the child, and who are determined to be suitable, capable, and willing to serve as caretakers for the child.When the court determines it is in the child's best interests, the court may place the child in DHS legal custody.Per 10A O.S. § 1-4-803, when the child is placed in DHS custody, the court may not direct DHS to place the child in a specific home or placement, but may approve or disapprove a specific placement when it does not conform to statutory requirements and the child's best interests.
(1) Per 10A O.S. § 1-4-204 and 10A O.S § 1-7-106, every effort is made to place the child with a suitable relative of the child.
(2) DHS makes efforts to locate the relative, kinship relation, or resource parent who is best able to meet the child's long-term best interests.
(3) DHS per 10A O.S. § 1-4-204, reports to the court the diligent efforts made to secure the placement.
(4) DHS complies with ICWA placement preferences per OAC 340:75-19-14, when applicable to the child; and
(5) When a child is not placed with a relative who has been considered for placement, DHS must advise the court, in writing on Form 04MP056E, Notice to the Court of Relative Denied Placement, the reasons why that relative was denied and the written reasons are made a part of the court record per 10A O.S. § 1-4-204 and documented in the Child Welfare Services case record.
(e) Court's authority to approve or disapprove Determining the appropriate placement.When the court determines it is in the child's best interests, the court may place the child in DHS legal custody.Per 10A O.S. § 1-4-803, when the child is placed in DHS custody, the court may not direct DHS to place the child in a specific home or placement, but may approve or disapprove a specific placement when it does not conform to statutory requirements and the child's best interests.
(1) Per 10A O.S. § 1-7-106, a placement is made that meets the treatment needs of the child and supports the permanency plans for the child and family.
(2) Per 10A O.S. § 1-4-204, when determining the appropriate placement for the child, DHS considers, but does not limit consideration to, the:
(A) person's ability to provide safety for the child including a willingness to cooperate with any restrictions placed on contact between the child and others and to prevent others from influencing the child in regard to allegations of the case;
(B) person's ability to support DHS efforts to implement the permanency plan for the child;
(C) person's ability to meet the child's physical, emotional, and educational needs, including the child's need to continue in the same school or educational placement;
(D) person who has the closest existing personal relationship with the child, when more than one person requests placement;
(E) person's ability to provide a placement for the child's sibling who is in need of placement or continuation in out-of-home care;
(F) wishes of the parent, the relative, and the child when appropriate;
(G) person's ability to care for the child as long as necessary and to provide a permanent home, when needed; and
(H) child's best interests.
(f) DHS authority to change the child's Relative placement preference when not with noncustodial parent.DHS has the responsibility to determine if a placement is appropriate for the child in DHS custody and to remove the child from the placement when in the child's best interests, per 10A O.S. § 1-7-103, subject to the provisions of 10A O.S. §§ 1-4-804 and 1-4-805.¢ 3Per 10A O.S. §§ 1-4-204 and 1-7-106, when DHS determines that placement with the noncustodial parent is not in the child's best interests, preference is given to relatives and persons who have a kinship relationship with the child, and who are determined to be suitable, capable, and willing to serve as caretakers for the child.
(1) Per 10A O.S. §§ 1-4-204 and 1-7-106, every effort is made to place the child with a suitable relative of the child.
(2) DHS makes efforts to locate the relative, kinship relation, or resource parent who is best able to meet the child's long-term best interests.
(3) Per 10A O.S. § 1-4-204, DHS reports to the court the diligent efforts made to secure the placement.
(4) When applicable to the child, DHS complies with Indian Child Welfare Act (ICWA) placement preferences, per Oklahoma Administrative Code (OAC) 340:75-19-14, and reports the diligent efforts to secure placement to the court.
(5) When a child is not placed with a relative who was considered for placement, DHS must advise the court why the relative was denied listing the reasons on Form 04MP056E, Notice to the Court of Relative Denied Placement.The written reasons are made a part of the court record, per 10A O.S. § 1-4-204, and documented in the Child Welfare Services case record.
(g) Placement in nearest geographic proximity to parent or school Sibling placement.¢ 5Per 10A O.S. § 1-4-707, unless the child is placed with relatives or in accordance with federal and state Indian Child Welfare Acts, the child is placed when possible, in the parent or legal guardian's county of residence to facilitate family reunification 10A O.S. §§ 1-4-204 and 1-7-107, when two or more siblings are removed and placed in foster care, every reasonable attempt is made to place the siblings together in the same temporary or permanent placement.
(1) When an appropriate placement is not available in the parent or legal guardian's county of residence, the child is placed in an appropriate home in the nearest proximity to the parent or legal guardian's county of residence, the child's school district, or both, to facilitate family reunification and ensure educational consistency for the child siblings are separated, the siblings are allowed contact or visitation with each other, when safe.
(2) The child's placement is not intended to correspond in frequency to the parent or legal guardian's change of residence safety and best interests of each child determine if joint placement, contact, or visitation is allowed.
(3) When determining if the child is moved, DHS considers the potential harmful effects of disrupting the child's placement and the reason the parent or legal guardian changed residences the child is a part of a sibling group, it is presumed that placement of the entire sibling group in the same placement is in the best interests of the child and siblings.
(4) Siblings may be separated when the court and DHS find:
(A) one sibling resided in a resource home for six or more months and established a relationship with the resource family;
(B) the siblings never resided in the same resource together or there is no established relationship between the siblings;
(C) placement of siblings together is contrary to the safety or well-being of any of the siblings; and
(D) it is in the best interests of the child to remain in the current placement.
(5) In making a permanent placement, siblings are placed in the same permanent home.When the siblings are separated, they are allowed contact or visitation with other siblings, provided that each child's best interests are the standard for determining if siblings are placed in the same foster placement or permanent placement, or allowed contact or visitation with other siblings.
(h) Sibling placement Placement in nearest geographic proximity to parent or school.Per 10A O.S. § 1-7-107, when two or more siblings are removed and placed in foster care, every reasonable attempt is made to place the siblings together in the same temporary or permanent placement.
(1) When siblings are separated, the siblings are allowed contact or visitation with each other when appropriate.Per 10A O.S. § 1-4-707, unless the child is placed with relatives or in accordance with federal and state ICWA, the child is placed, when possible, in the parent or legal guardian's county of residence to facilitate family reunification.
(A) When an appropriate placement is not available in the parent or legal guardian's county of residence, the child is placed in an appropriate home in the nearest proximity to the parent or legal guardian's county of residence to facilitate family reunification.The child's placement is not intended to correspond in frequency to the parent or legal guardian's change of residence.
(B) When determining if the child is to be moved, DHS considers the potential harmful effects of disrupting the child's placement and the reason the parent or legal guardian changed residences.
(2) The best interests of each child determine whether joint placement, contact, or visitation is allowed.When an appropriate placement is not available in the parent or legal guardian's county of residence, the child is placed in an appropriate home in the nearest proximity to the child's school district to ensure his or her educational consistency.
(3) Per 10A O.S. § 1-4-707, when the child is a part of a sibling group, it is presumed that placement of the entire sibling group in the same placement is in the best interests of the child and siblings unless the presumption is rebutted by a preponderance of evidence to the contrary.
(i) Indian Child Welfare Act and placement Child's placement preference.¢6The federal Indian Child Welfare Act, 25 United States Code § 1915, Oklahoma Indian Child Welfare Act, 10 O.S. § 40.6, and OAC 340:75-19-14 define placement preferences for Indian children.Per 10A O.S. § 1-7-110, when determining placement of a deprived child in foster care, DHS is governed by the child's long-term best interests.The child may express a preference as to placement and the preference may be expressed by the child with or without the parents, foster parents, guardians, or any other parties present.DHS determines if the child's best interests are served by the child's preference, but is not bound by the child's preference and may consider other facts when determining placement.
(j) Religious consideration in placement decision Former foster parent preferred placement.Consideration is given to the parent's wishes regarding religious preference in the selection of a placement provider for the child, per 10A O.S. § 1-4-705 and OAC 340:75-6-49.Per 10A O.S. § 1-9-119, the former foster parent has a right to be considered as a preferred placement option when the foster child who was formerly placed with the foster parent reenters foster care at the same level and type of care, when the placement is consistent with the best interests of the child and other children in the foster parent's home.
(k) Placement stability Multiethnic Placement Act of 1994.DHS follows the provisions of the Multiethnic Placement Act of 1994 and the Interethnic Provisions of 1996, per OAC 340:75-1-9.¢ 2
(1) When reunification is feasible, the child's first out-of-home placement is the best available placement to provide permanency and placement stability for the child.
(2) A request by a placement provider for immediate removal of the child is examined and assessed to determine if the situation can be resolved to prevent disruption of the child's placement.
(l) Placement provider's age ICWA and placement.Per 10A O.S. § 1-4-705, when a prospective placement provider meets the minimum age required per OAC 340:75-7-12, DHS may not use the age of an otherwise eligible individual as a reason for denial of placement.DHS follows federal ICWA, Section 1915 of Title 25 of the United States Code, Oklahoma ICWA, 10 O.S. § 40.6, and OAC 340:75-19-14.
(m) Prescribed standards for placement provider Religious consideration in placement decision.¢ 2Each placement utilized by DHS is approved or licensed by specified procedures and meets prescribed standards.Consideration is given to the parent's wishes regarding religious preference in the selection of a placement provider for the child, per OAC 340:75-6-49.
(1) The child in DHS custody is not placed in a home, temporarily or with a closely related person, prior to the person meeting provider standards per OAC 340:75.
(2) Placement providers must:
(A) provide safety for the child in DHS custody;
(B) have sufficient space in the home to allow the child privacy;
(C) support and participate in the child's permanency plan;
(D) adhere to DHS rules, such as not using physical discipline; and
(E) support the child's preferred religious and cultural choices.
(n) Determining the appropriate placement Prescribed requirements for placement provider.Per 10A O.S. § 1-4-204, when determining the appropriate placement for the child, DHS considers, but does not limit consideration to the:Each placement utilized by DHS is approved or licensed by specified procedures and meets prescribed requirements.
(1) person's ability to provide safety for the child, including a willingness to cooperate with any restrictions placed on contact between the child and others and to prevent others from influencing the child in regard to allegations of the case; The child in DHS custody is not placed in a home prior to the person meeting provider standards per OAC 340:75-7.
(2) person's ability to support DHS efforts to implement the permanency plan for the child; Placement providers must:
(A) provide safety for the child in DHS custody;
(B) have sufficient space in the home to allow the child privacy;
(C) support and participate in the child's permanency plan;
(D) adhere to DHS rules, such as not using physical discipline; and
(E) support the child's preferred religious and cultural choices.
(3) person's ability to meet the child's physical, emotional, and educational needs, including the child's need to continue in the same school or educational placement;
(4) person who has the closest existing personal relationship with the child, when more than one person requests placement;
(5) person's ability to provide a placement for the child's sibling who is also in need of placement or continuation in out-of-home care;
(6) wishes of the parent, the relative, and the child when appropriate;
(7) person's ability to care for the child as long as necessary and to provide a permanent home when needed; and
(8) child's best interests.
(o) Child's placement preference Certain criminal convictions prohibit placement approval.¢ 5Per 10A O.S. § 1-7-110, when determining placement of a deprived child in foster care, DHS is governed by the child's long-term best interests.The child may express a preference as to placement and the preference may be expressed by the child with or without the parents, foster parents, guardians, or any other parties present.DHS determines whether the best interests of the child are served by the child's preference, but is not bound by the child's preference and may consider other facts in determining the placement.Per 10A O.S. § 1-4-705, DHS does not approve potential foster or adoptive parents for placement when the applicant, or any person residing in the potential applicant's home, has a criminal conviction for any of the felony offenses listed in paragraphs (1) through (5).The felony offenses are:
(1) physical assault, battery, or a drug-related offense within the five-year period preceding the application date;
(2) child abuse or neglect;
(3) domestic abuse;
(4) a crime against a child including, but not limited to, child pornography; or
(5) a crime involving violence including, but not limited to, rape, sexual assault, or homicide, but excluding those crimes specified in paragraph (1).
(p) Certain criminal convictions prohibit placement approval Placement provider's age.Per 10A O.S. § 1-4-705, DHS does not approve prospective foster or adoptive parents as Bridge resource parents when the applicant, or any person residing in the prospective applicant's home, has a criminal conviction for any of the felony offenses listed in paragraphs (1) through (5).The felony offenses are: a prospective placement provider meets the minimum age required per OAC 340:75-7-12, DHS may not use the age of an otherwise eligible individual as a reason for placement denial.
(1) physical assault, battery, or a drug-related offense within the five-year period preceding the application date;
(2) child abuse or neglect;
(3) domestic abuse;
(4) a crime against a child, including, but not limited to, child pornography; or
(5) a crime involving violence, including, but not limited to, rape, sexual assault, or homicide, but excluding those crimes specified in paragraph (A).Homicide includes manslaughter.A crime involving violence means an offense that:
(A) has as an element, the use, attempted use, or threatened use of physical force against the person or property of another; or
(B) by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
(q) Former foster parent preferred placement Placement providers as essential participants.¢ 7Per 10A O.S. § 1-9-119, the foster parent has a right to be considered as a preferred placement option when the foster child who was formerly placed with the foster parent reenters foster care at the same level and type of care, when the placement is consistent with the best interests of the child and other children in the foster parent's home.
(1) As placement providers, 10A O.S. § 1-9-119 and OAC 340:75-7-37 recognize foster parents and group home providers as essential participants in the decisions related to the growth, development, care, protection, and treatment of the child placed in the foster parent's home or in the group home with whom they have established a familial relationship.
(2) Per 10A O.S. §§ 1-4-807 and 1-4-811, a placement provider has the right to be heard in a proceeding concerning the child, although the provider will not be considered a party to the proceeding, unless allowed to intervene.
(r) Eligibility of foster parent to adopt the child Foster parent rights.Per 10A O.S. § 1-4-812, during any permanency hearing, when the court determines the child is to be placed for adoption and the child has resided with the foster parent for at least one year, the court considers the foster parent eligible to adopt and gives great weight to the foster parent in the adoption consideration unless there is an existing, loving, emotional bond with a relative of the child, by blood or marriage, who is willing, able, and eligible to adopt the child.A statement of foster parent's rights is given to every foster parent annually and found at 10A O.S. § 1-9-119.
(s) Foster parent as essential participant Group home rights.¢ 610A O.S. § 1-9-119 and OAC 340:75-7-37 recognize foster parents as essential participants in the decisions related to the growth, development, care, protection, and treatment of the child placed in the foster parent's home with whom they have established a familial relationship.A statement of group home provider rights is attached to the group home contract.
(t) Foster parent rights eligibility to adopt the child.A statement of foster parent's rights is found at 10A O.S. § 1-9-119 and annually, a copy is given to every foster parent.Per 10A O.S. § 1-4-812, during any permanency hearing when the court determines the child is to be placed for adoption, the court considers the foster parent eligible to adopt when the foster parent meets established eligibility requirements.When the child has resided with the foster parent for at least one year, the court gives great weight to the foster parent in the adoption consideration unless there is an existing, loving, emotional bond with a relative of the child, by blood or marriage, who is willing, able, and eligible to adopt the child.
INSTRUCTIONS TO STAFF 340:75-6-85
Revised 11-17-149-15-17
1.Least restrictive placement.The out-of-home placement selected for the child in Oklahoma Department of Human Services (DHS) custody is the least restrictive or most home-like setting that meets the child's needs and provides for the child's safety, per Oklahoma Administrative Code (OAC) 340:75-6-85 through 340:75-6-85.2 and 340:75-6-85.4.Every effort is made to place the child with a member of the child's family in a safe and appropriate home.Placements in (1) through (4)(5) of this subsection, listed in the least to the most restrictive order, are a:
(1) kinship home, that includes a:
(A) relative home; and or
(B) close family relationship;
(2) non-kinship foster home;
(3) therapeutic foster home; and
(4) group home; or
(5) or residential child care facility.
2.Multiethnic Placement Act of 1994.When the parent of a child in emergency or temporary DHS custody requests a placement that violates the Multiethnic Placement Act of 1994 and Interethnic Adoptions Provisions of 1996 (MEPA/IEP), the child welfare (CW) specialist advises the parent that MEPA/IEP states that a parent's request for a same race placement is not legal and is not considered by DHS.Only requests regarding relative and religious preferences are considered.
3.Noncustodial parent and paternity. In many cases, Child Support Services has established and documented paternity prior to Child Welfare Services (CWS) involvement.Refer to OAC 340:75-6-31.5 Instructions to Staff to ensure placement with the noncustodial parent is adequately explored and the CWS case record accurately reflects all available DHS records regarding paternity.
4.Diligent efforts to secure placement for Indian child. DHS is required to make diligent efforts to place an Indian child per the Indian Child Welfare Act or tribal placement preferences.The CW specialist documents diligent efforts in the KIDS case and provides to the court for the court record.
5.(a) Judicial findings related to sibling placement.The Oklahoma Children's Code requires the court at various hearings to determine if DHS made reasonable efforts to:
(1) place siblings, who were removed, together in the same foster home, guardianship, or adoptive placement; and
(2) provide for frequent visitation or other ongoing interaction between siblings who were removed and who are not placed together.
(b) Reasonable efforts to place siblings together.Examples of reasonable and ongoing efforts to place siblings together include, but are not limited to:
(1) conducting family team meetings (FTM) that address sibling placements and exploring potential relatives who may be appropriate and capable of providing placement for the sibling group;
(2) diligently searching for relatives and important people in the child's life who are appropriate and capable of providing placement and connections for the sibling group, per OAC 340:75-6-85.2;
(3) informing and conducting ongoing discussions with the resource specialist or district of placement specialist regarding the need to place siblings together;
(4) requesting that the placement providers for siblings notify the CW specialist or resource specialist when an opening for a sibling occurs in the placement provider's home; and
(5) issuing Form 04CP006E, Letter of Notification to Adult Relatives, to known relatives to seek a placement resource or relative connections for the siblings.
(c) Sibling placement and connections review at FTM.At each FTM, per OAC 340:75-6-31.1, a review is conducted of each sibling's placement to determine if each child is placed with relatives, if siblings are placed together, and to develop or update a sibling visitation plan.Per OAC 340:75-6-30, Form 04MP047E, Visitation Plan, is used to prepare the visitation plan.
(d) Sibling placement review at Permanency Roundtable (PRT) meetings.At each PRT involving siblings who do not reside in the same placement, the PRT substitutes for the Permanency Planning Program Unit sibling placement review.
(1) When the PRT team determines placing siblings together is appropriate:
(A) action steps are developed as part of the permanency action plan to accomplish the goal of placing siblings together;
(B) the PRT is documented in KIDS Contacts screen; and
(C) the permanency action plan is stored in the KIDS File Cabinet.
(2) When the PRT team determines placing siblings together is not feasible:
(A) action steps are developed as part of the permanency action plan to document the completed sibling placement review;
(B) the Permanency Planning Program Unit member of the PRT core team sends an email to the Sibling Placement Review folder in Outlook with notification of the sibling placement plan to trigger completion of the Permanency Planning Program Unit required documentation; and
(C) the permanency action plan is stored in the KIDS File Cabinet.
(e) Sibling separation.Sibling separation may be in the child's best interests when:
(1) a sibling physically or emotionally endangers the health and well-being of another sibling and efforts to address the behaviors with counseling or therapy failed;
(2) adoption is the permanency plan and the:
(A) CW specialist and adoption specialist explained adoption and answered any questions the sibling may have about adoption; and
(B) sibling is of the age to consent to adoption and does not wish to be adopted;
(3) siblings are placed with different relatives and a plan is in place for continued sibling contact;
(4) a licensed mental health professional determined and provided a signed letter or report that movement of the sibling from the current caregiver would be detrimental to the sibling's emotional health, development, and well-being; and
(5) efforts to place the siblings together were exhausted and documented in the Relative/Kinship Connections screen, on Form 04KI009E, Court Report, or 04KI014E, Individualized Service Plan (ISP) Progress Report, and in the KIDS Contacts screen.
(f) Permanency plan of adoption and sibling placement.When the permanency plan is adoption, the CW specialist assesses:
(1) the length of time the siblings have been separated;
(2) the efforts made to place the siblings together;
(3) the factors that led to the disruption of the placement and if the siblings were previously placed together in out-of-home placement;
(4) the day-to-day behavior of each child at home, in school, and at other public gatherings;
(5) the type and frequency of contact between the siblings;
(6) whether the children have been in counseling together or separately;
(7) the recommendations of any counselor or therapist involved with the children; and
(8) if the children desire placement together.
(g) Inappropriate reasons for sibling separation.Examples of inappropriate reasons for sibling separation include, when:
(1) the children were separated in out-of-home placement and limited or no efforts were made to place the siblings together;
(2) an infant is not placed with older siblings and a relationship with the other siblings is determined not to exist; and
(3) siblings are in separate placements and little or no efforts were made to facilitate contact; therefore, the children do not know one another.
(h) CW specialist responsibilities during sibling separation.During sibling separation, the CW specialist facilitates contact between the siblings through frequent visits, phone calls, letters, and other ongoing interaction and enlists the current providers in the facilitation and maintenance of the contacts.
(1) The CW specialist inquires, during each required monthly visit with the placement provider, about the type and amount of sibling contact facilitated by the provider during the previous month.
(2) The sibling contact facilitated by the placement provider is documented in the KIDS Contacts screen.
(3) When sibling contact did not occur in the previous month, the CW specialist facilitates a sibling visit, phone call, letter, or other interaction within two weeks.
(i) Information provided to placement providers regarding sibling placement.(1) When siblings are placed separately and the plan is to reunite the siblings in the same placement, the CW specialist informs each sibling's placement provider during the required monthly visit that:
(A) ongoing efforts are being made to place the siblings together;
(B) the move will be implemented at the first available opportunity;
(C) the provider's home will not be considered as a permanent placement, unless sibling reunification can be achieved and all siblings' needs can be appropriately met in the provider's home; and
(D) the plan to place siblings together does not negate the foster parent's right to the five-judicial day notice and ability to object to the child's move, when applicable, per Form 04MP014E, Notice of Removal from Out-of-Home Placement.
(2) The CW specialist documents ongoing efforts to place siblings together in KIDS Family/Kinship Connections screen, KIDS Contacts screen, and on Form 04KI009E, Court Report, or Form 04KI014E, Individualized Service Plan (ISP) Progress Report.
46.Child's placement preferences.The child's placement preferences, when the child is of sufficient age and developmental abilities, are recorded on Form Forms 04KI011E, Individualized Service Plan (ISP) Pre-adjudication Court Report; 04KI013E, Individualized Service Plan (ISP) Dispositional Report; or 04KI014E, Individualized Service Plan (ISP) Progress Report.The child's preferences are not the sole consideration in determining the child's placement and case plan decisions, but the preferences are evaluated regarding to the preference reasons or causes, degree of consistency, and implications for the permanency plan.
57.(a) Notice of hearing provided to resource parent placement provider. Notice of the hearing is provided per OAC 340:75-1-16.1.
6.(b) Foster parent's Placement provider's right and responsibility to participate.Each foster parent placement provider is advised of his or her right to participate in meetings, such as local post-adjudication review board meetings, special staffings, scheduled permanency planning reviews, or family team meetings.
7.(c) Previous placement information provided to foster parent placement provider.The child's current foster parent placement provider may contact and communicate with the child's previous foster parent placement provider to share information about the child, when the previous foster parent placement provider agrees to the contact.The current foster parent is informed by DHS informs the placement provider of the number of times the child has been was moved and the reasons for each move.
8.(d) Foster parent's Placement provider's role in the ISP development.The CW specialist engages the current foster parent placement provider in the development of the child's ISP development and provides a copy of the court-approved treatment and ISP to the current foster parent placement provider.
9.(e) Foster parent or placement provider is member of professional team member.The CW specialist treats the foster parent or placement provider with dignity, respect, consideration, and as a professional member of the CWS team.
(1) A statement of foster parent rights may be viewed at is located in Section 1-9-119 of Title 10A of the Oklahoma Statutes.As a placement provider, a group home provider receives a statement of the group home rights included as an attachment to the group home contract.
(2) The CW specialist cooperates with the foster parent or placement provider to encourage a mutual exchange of information that includes including, but is not limited to:
(A) the child's physical and emotional development;
(B) significant connections and behaviors that may affect the child's permanency plan and progress;
(C) school events; and
(D) other concerns.
10.(f) Relationship between parents and foster parents placement providers.The CW specialist helps facilitate the foster parent's placement provider's role as a team member by encouraging a professional relationship between each parent and foster parent placement provider, when appropriate.The CW specialist:
(1) facilitates the initial meeting between the parent and foster parent placement provider within seven-calendar days of the child's placement to share information about the child and to begin the process of creating a parent- foster parent placement provider relationship; and
(2) encourages ongoing communication between the foster parent placement provider and parent to effectively facilitate visitation, connection with family members, and meeting to meet the child's identified needs; and
(3) facilitates discussion between the parent and placement provider about the prescribed standards for the placement provider per OAC 340:75-6-85.Parenting methods are also discussed in detail between the participants with an emphasis on OAC 340:75-7-38.
11.(g) Foster parents' relationship Placement providers' relationships with the child.Foster parents Placement providers provide the child's basic needs, such as food, clothing, shelter, nurturing, emotional support, and direction and guidance for the child's growth and development.The foster relationship may be recorded through photographs, a Life Book, exchange of gifts gift exchanges, and contact after the placement is completed.
128.Documenting the child's personal history.
(1) Digital photographs.The CW specialist ensures that each child is photographed with a digital camera a minimum of once every 12 months.The digital photograph is saved in the KIDS File Cabinet no later than five-business days after the photograph is taken.
(2) Life Book.The CW specialist ensures that each child has a Life Book and that the Life Book is maintained by the placement provider.A Life Book is available in Outlook in Public Folders/All Public Folders/STO DCFS/Life Book.The CW specialist prints the applicable sections for the child and provides the sections to the placement provider when a Life Book has was not been created for the child.
139.Documenting placement episodes.When a child is placed in out-of-home care, the CW specialist documents the placement in the KIDS Placement screens no later than two-business days after placement.
(1) A placement cannot be entered until a child's removal from the person responsible for the child is documented.
(2) When the placement is a kinship, paid or non-paid, or foster family home, Form 04FC011E, Placement Agreement for Out-of-Home Care, and Form 15GR004E, Notice of Grievance Rights - Minors in DHS Custody, are completed, provided to the placement provider, and recorded in the KIDS Document Tracking screen.
340:75-6-85.3. Sibling placement¢ 1 through 9 [REVOKED]
Revised 7-1-13
(a) When two or more children in foster care are siblings, every reasonable attempt is made to place siblings in the same home.In making a permanent placement, siblings are placed in the same permanent home, or if the siblings are separated, are allowed contact or visitation with other siblings, provided, the each child's best interests are the standard for determining whether siblings are placed in the same foster placement or permanent placement, or allowed contact or visitation with other siblings per Section 1-7-107 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-7-107).
(b) Per 10A O.S. § 1-7-106, a placement is made that meets the treatment needs of the child and supports the permanency plans for the child and family; however, when a child is determined to be an Indian child, as defined by the federal and state Indian Child Welfare Acts, the placement preferences specified by Section 1915 of Title 25 of the United State Code and Section 40.2 of Title 10 of the Oklahoma Statutes apply.
INSTRUCTIONS TO STAFF 340:75-6-85.3 [REVOKED]
Revised 7-1-13
1.(a) Judicial findings related to sibling placement.The Oklahoma Children's Code requires the court at various hearings to determine whether Oklahoma Department of Human Services (OKDHS) made reasonable efforts to:
(1) place siblings, who have been removed, together in the same foster home, guardianship, or adoptive placement; and
(2) provide for frequent visitation or other ongoing interaction between siblings who have been removed and who are not placed together.
(b) Reasonable efforts to place siblings together.Examples of reasonable and ongoing efforts to place siblings together include, but are not limited to:
(1) conducting family team meetings (FTM) that address sibling placements and exploring potential relatives who may be appropriate and capable of providing placement for the sibling group;
(2) diligently searching for relatives and important people in the child's life who are appropriate and capable of providing placement and connections for the sibling group, per OAC 340:75-6-85.2;
(3) informing and conducting ongoing discussions with the foster care specialist or district of placement specialist regarding the need to place siblings together;
(4) requesting that the placement providers for siblings notify the child welfare (CW) specialist or foster care specialist when an opening for a sibling occurs in the placement provider's home; and
(5) issuing Form 04CP006E, Letter of Notification to Adult Relatives, to known relatives to seek a placement resource or relative connections for the siblings.
2.Sibling placement reviews by the Permanency Planning Program Unit.The Permanency Planning Program Unit reviews reports and queries monthly from sources such as Report YI104, Child Information Report, and KIDS Contacts screens, to determine whether siblings are placed together in the same placement.
(1) When siblings are not placed together, the Permanency Planning Program Unit contacts the assigned CW specialist or supervisor to discuss the barriers to placing siblings together.Examples of barriers may include, but are not limited to:
(A) a sibling is placed with his or her father or other family member who is unrelated to the other siblings;
(B) a sibling is placed in a higher level of care to address that sibling's individual treatment needs; or
(C) behavioral health or similar issues of one or more of the siblings exists.
(2) The Permanency Planning Program Unit offers the CW specialist and supervisor assistance and guidance regarding placing siblings together when sibling placement is appropriate and includes, but is not limited to:
(A) review and assessment of case information related to sibling relationships provided from all parties including behavioral health professionals and placement providers;
(B) additional diligent search when needed for relatives and important people in the child's life who are appropriate and capable of providing placement and connections for the sibling group;
(C) participation in FTMs to develop a plan to reunite the siblings in placement, or when factors prevent placement together, a plan to keep the siblings connected;
(D) training for staff as requested or identified; and
(E) consultation and guidance documented by the Permanency Planning Program Unit in KIDS screens.
3.Sibling placement review at family team meetings.At each FTM, per OAC 340:75-6-31.1, a review is conducted of each sibling's placement to determine whether each child is placed with relatives, and whether siblings are placed together.
4.Sibling placement review at Permanency Roundtable (PRT) meetings.At each PRT involving siblings who do not reside in the same placement, the PRT substitutes for the Permanency Planning Program Unit sibling placement review.
(1) When the PRT team determines placing siblings together is appropriate:
(A) action steps are developed as part of the permanency action plan to accomplish the goal of placing siblings together;
(B) the PRT is documented in KIDS Contacts screen; and
(C) the permanency action plan is stored in the KIDS File Cabinet.
(2) When the PRT team determines placing siblings together is not feasible:
(A) action steps are developed as part of the permanency action plan to document the completed sibling placement review;
(B) the Permanency Planning Program Unit member of the PRT core team sends an email to the Sibling Placement Review folder in Outlook with notification of the sibling placement plan to trigger completion of the Permanency Planning Program Unit required documentation; and
(C) the permanency action plan is stored in the KIDS File Cabinet.
5.Sibling separation.Sibling separation may be in the child's best interests when:
(1) a sibling physically or emotionally endangers the health and well-being of another sibling and efforts to address the behaviors with counseling or therapy have failed;
(2) adoption is the permanency plan and the:
(A) CW specialist and adoption specialist have explained adoption and answered any questions the sibling may have about adoption; and
(B) sibling is of the age to consent to adoption and does not wish to be adopted;
(3) siblings are placed with different relatives and a plan is in place for continued sibling contact;
(4) a licensed mental health professional has determined, and provided a signed letter or report; that movement of the sibling from the current caregiver would be detrimental to the sibling's emotional health, development, and well-being; and
(5) efforts to place the siblings together have been exhausted and documented in the Relative/Kinship Connections screen, on Form 04KI009E, Court Report, or 04KI014E, Individualized Service Plan (ISP) Progress Report, and in the KIDS Contacts screen.
6.Permanency plan of adoption and sibling placement.When the permanency plan is adoption, the CW specialist, prior to initiating a sibling placement review request, assesses:
(1) the length of time the siblings have been separated;
(2) the efforts made to place the siblings together;
(3) the factors that led to the disruption of the placement, if the siblings were previously placed together in out-of-home placement;
(4) the day-to-day behavior of each child at home, in school, and at other public gatherings;
(5) the type and frequency of contact between the siblings;
(6) whether the children have been in counseling together or separately;
(7) the recommendations of any counselor or therapist involved with the children; and
(8) whether the children desire placement together.
7.Inappropriate reasons for sibling separation.Examples of inappropriate reasons for sibling separation include:
(1) the children have been separated in out-of-home placement and limited or no efforts have been made to place the siblings together;
(2) an infant is not placed with older siblings and is determined to not have a relationship with the other siblings; and
(3) siblings have been in separate placements and little or no efforts have been made to facilitate contact; therefore, the children do not know one another.
8.CW specialist responsibilities during sibling separation.During sibling separation, the CW specialist facilitates contact between the siblings through frequent visits, phone calls, letters, and other ongoing interaction and enlists the current providers in the facilitation and maintenance of the contacts.
(1) The CW specialist inquires, during each required monthly visit with the placement provider, regarding the type and amount of sibling contact facilitated by the provider during the previous month.
(2) The sibling contact facilitated by the placement provider is documented in the KIDS Contact screen.
(3) When sibling contact did not occur in the previous month, the CW specialist facilitates a sibling visit, phone call, letter, or other interaction within two weeks.
9.(a) Information provided to placement providers regarding sibling placement.When siblings are placed separately and the plan is to reunite the siblings in the same placement, the CW specialist informs each sibling's placement provider during the required monthly visit that:
(1) ongoing efforts are being made to place the siblings together;
(2) the move will be implemented at the first available opportunity;
(3) the provider's home will not be considered as a permanent placement, unless sibling reunification can be achieved and all sibling's needs can be appropriately met in the provider's home; and
(4) the plan to place siblings together does not negate the foster parent's right to the five- day notice and ability to object to the child's move, when applicable.
(b) The CW specialist documents ongoing efforts to place siblings together in KIDS Family/Kinship Connections screen, KIDS Contacts screen, and on Form 04KI009E, Court Report, or 04KI014E, Individualized Service Plan (ISP) Progress Report.
PART 13. INDEPENDENT LIVING SUCCESSFUL ADULTHOOD
340:75-6-110. Independent Living Oklahoma Successful Adulthood (OKSA) program
Revised 2-29-169-15-17
(a) Eligibility for Independent Living (IL) OKSA program eligibility.The Independent Living (IL) OKSA program serves youth:
(1) 16 and youth 14 through 17 years of age who are in an out-of-home placement; and in:
(A) Oklahoma Department of Human Services (DHS) legal custody; or
(B) the custody of a federally recognized Indian tribe;
(2) young adults 18, 19, and 20 years of age:
(A) who were in an out-of-home placement while in DHSor tribal custody on his or her 18th birthday; or
(B) who entered a guardianship or adoption after 16 14 years of age to achieve permanency and who have not yet reached his or her 21st birthday; and
(3) young adults 21 and 22 years of age who on his or her 21st birthday were participating in the Education and Training Voucher Program.¢ 1
(b) Legal authority for IL OKSA services.Laws that guide IL OKSA services administered by DHS are described in (1) and (2) of this subsection.
(1) Federal IL successful adulthood law.The Foster Care Independence Act of 1999 enacted as part of Public Law (P.L.) 106-169 and Section 475 of the Social Security Act as amended by P.L. 110-351, Fostering Connections to Success and Increasing Adoption Act of 2008, and by the Preventing Sex Trafficking and Strengthening Families Act, P.L. 113-183:
(A) supports states in the delivery of IL successful adulthood services to eligible youth and provides them with services that focus on:
(i) education;
(ii) career planning;
(iii) life skills; and
(iv) aftercare services; and
(B) requires IL successful adulthood services complement the youth's own efforts to achieve self-sufficiency and that program participants recognize and accept personal responsibility for the transition from out-of-home care to adulthood.
(2) State IL successful adulthood law.Section 1-9-107 of the Oklahoma Statutes (10A O.S. §1-9-107) created the "Independent Living Successful Adulthood Act," the purpose of which is to ensure eligible youth who, due to abuse or neglect, have been or are in the DHS foster care program of DHS or a federally-recognized Indian tribe with whom DHS has a contract or agreement, receive the protection and support necessary to allow youth to become self-reliant and productive citizens through the provision of requisite services that include, but are not limited to:
(A) transitional planning;
(B) housing;
(C) medical coverage;
(D) education; and
(E) tuition waivers, when eligible, as set forth in per 70 O.S. § 3230.
(c) IL OKSA service provision.IL OKSA services for youth:
(1) are initiated by the child welfare (CW) specialist according to the youth's age, as outlined in DHS Publication No. 94-08, Oklahoma Independent Living Successful Adulthood Program;
(2) in DHS custody placed in other states, is the responsibility of DHS, per Oklahoma Administrative Code (OAC) 340:75-1-86;
(3)placed in Oklahoma through the Interstate Compact for the Placement of Children (ICPC) are approved by IL OKSA Program staff on a case-by-case basis, per OAC 340:75-1-86; and
(4) are initiated by the legal guardian or adoptive parent for youth who exited care after 16 14 years of age to permanent guardianship with kin or adoption.
(d) Requirements.Federal regulations, state statutes, and best practice require that eligible Eligible youth are provided each of the items listed in (1) through (4)(6) of this subsection.
(1) IL Successful adulthood case assessment.The IL successful adulthood case assessment is a comprehensive evaluation of the youth's readiness for IL successful adulthood and identification of the services and supports required for the youth to achieve a maximum level of self-sufficiency.¢ 1
(2) IL Successful adulthood plan.
(A) The permanency plan for the youth transitioning to a successful adulthood is developed in consultation with the youth and, at the option of the youth, with up to two members of the permanency planning team to be chosen by the youth, not including the foster parent and the youth's caseworker, subject to the following:
(i) one person selected by the youth may be designated to be the advisor and youth's advocate, with respect to the application of the reasonable and prudent parent standard to the youth; and
(ii) DHS may reject a person selected by the youth to be a member of the permanency planning team at any time when DHS has good cause to believe the selected person would not act in the youth's best interests.
(B)The IL successful adulthood plan describes the services, supports, and activities the CW specialist, the permanency planning team, and youth identify as necessary for the youth to transition to independence successful adulthood, and includes the components required by federal and state statutes.The successful adulthood plan is continually reviewed and updated.
(C) During the 90-calendar day period immediately prior to a youth's 18th birthday, DHS and, as appropriate, the youth's representatives, provide the youth with assistance and support in developing an appropriate personalized transition plan based upon the youth's input, and as detailed as the youth elects that includes specific options regarding:
(A)(i) housing;
(B)(ii) health insurance;
(C)(iii) education;
(D)(iv) local opportunities for mentors and continuing support services; and
(E)(v) employment supports and services.¢ 1 & 2
(3) Notice of rights.
(A) Per 10A O.S. § 1-9-107, each child in DHS foster care or a federally- recognized Indian tribe and in an out-of-home placement, who reaches 14 years of age, is given a notice of rights, Form 04IL011E, Rights of Foster Youth, describing the youth's right to:
(i) education, health, visitation, and court participation;
(ii) provision of documents specified in (4) of this subsection; and
(iii) stay safe and avoid exploitation.
(B) The youth signs an acknowledgment stating the youth was provided a copy of Form 04IL011E and that the rights described were explained to the youth in an age-appropriate way.
(4) Essential documents. A youth about to leave foster care at 18 years of age and in foster care for at least six months is given:
(A) an official or certified copy of his or her United States birth certificate;
(B) a Social Security card issued by the Social Security Administration;
(C) his or her health insurance information;
(D) a copy of his or her medical records; and
(E) a state-issued driver license or identification card.
(3)(5) Judicial oversight.A judicial determination is made:
(A) at each dispositional and review hearing involving a youth 16 14 years of age or older whether the IL OKSA services needed to assist the youth in making the transition from out-of-home care to independent living successful adulthood are being provided, not provided, or are not appropriate;
(B) confirming information was provided to the youth about the importance of designating another individual to make health care treatment decisions on the youth' s behalf if when the youth:
(i) becomes unable to participate in his or her health care decisions; and
(ii) does not have, or does not want a relative, who would otherwise be authorized under state or tribal law, to make health care decisions for the youth; and
(C) that the youth was provided with the option of executing a health care power of attorney, health care proxy, or other similar documents recognized under state or tribal law.¢ 2
(4)(6) IL OKSA support services.A variety of services, resources, and funds are provided to facilitate successful transition into adulthood.Each service, resource, and fund category listed in (A) through (H) of this paragraph and each has distinct eligibility requirements.
(A) Youth 14 through 15 years of age.
(i) Youth development funds.OKSA youth development funds are obtained through community contracted providers and are designed to support the youth's successful adulthood case plan in preparation for living independently.¢ 4
(ii) Incentive payments.The OKSA incentive payment is a category of youth development funds that allows for monetary payments to youth for survey and application completions and for accomplishments prior to exiting DHS or tribal custody.¢ 5
(iii) Teen panels.Teen panels provide an opportunity for DHS and tribal custody youth to educate staff, care providers, the community, and potential resource parents by presenting the youth's views and experiences in the CW system.¢ 8
(B) Youth 16 years of age and older.
(A)(i) Community contracted services.Contracts support the IL OKSA program activities and serve youth who are IL OKSA eligible.¢ 3
(B)(ii) Youth development funds.IL OKSA youth development funds are obtained through community contracted providers and are designed:
(i)(I) to support the youth's IL successful adulthood case plan in preparation for living independently; and
(ii)(II) for emergencies the youth encounters after leaving out-of-home care while learning to live independently.¢ 4
(C)(iii)Incentive payments.The IL OKSA incentive payment is a category of youth development funds that allows for monetary payments to youth for survey and application completions and for accomplishments prior to exiting DHS or tribal custody.
(D)(iv) Educational opportunities and scholarships.Scholarships and IL OKSA services are available to assist the youth with completing complete his or her education and training.¢ 6
(E)(v) Youth and Adult Advisory Board.The Youth and Adult Advisory Board includes current and former DHS and tribal custody youth, and IL OKSA Program staff, and adult advisors.The board provides the youth an opportunity to work together with other interested youth and adults to:
(i)(I) educate the community regarding issues related to youth in out-of-home placement;
(ii)(II) improve the CW system through problem solving;
(iii)(III) promote independent living successful adulthood through training; and
(iv)(IV) bridge the gap between youth and adults.¢ 7
(F)(vi) Teen panels.Teen panels provide an opportunity for DHS and tribal custody youth to educate staff, care providers, the community, and prospective Bridge potential resource parents by presenting the youth's youth views and experiences in the CW system.¢ 8
(G)(vii) Voluntary placement of youth after 18 years of age.Custody youth may request placement in a DHS-paid placement and services from DHS on a voluntary basis, or in special circumstances, a short-term voluntary placement while 18, 19, or 20 years of age, when the youth:
(i)(I) reaches 18 years of age prior to completing his or her General Educational Development (GED) or high school education; or
(ii)(II) did not obtain a GED or high school education and left an out-of-home placement after reaching 18 years of age; or
(iii)(III) has specified reasons approved by the district director for the county where the youth resides.¢ 9
(H)(viii) Credit reports for youth in out-of-home care.Each youth beginning at 1614 years of age and continuing until the youth is discharged from out-of-home care receives:
(i)(I) an annual copy of the youth' s consumer credit reports report;
(ii)(II) assistance interpreting the reports report; and
(iii)(III) assistance resolving any inconsistencies inaccuracies or evidence of identity theft in the reports report.The court with jurisdiction over the youth is notified of any inaccuracies, evidence of identity theft, or other fraudulent activity.
INSTRUCTIONS TO STAFF 340:75-6-110
Revised 2-29-169-15-17
1.Successful adulthood eligibility, case assessment, and plan.Pertinent information on successful adulthood eligibility criteria, case assessment, and the successful adulthood plan is included in the Oklahoma Successful Adulthood (OKSA) Guides located on the website at www.oksa.ou.edu.Oklahoma Department of Human Services (DHS) Publication No. 94-08, Oklahoma Successful Adulthood Program (OKSA), provides the OKIL website location and quick response code.
(1) The successful adulthood plan is required for the youth:
(A) 14 years of age or older;
(B) in DHS or tribal custody; and
(C) in out-of-home placement.
(2) The child welfare (CW) specialist or tribal worker assists the youth with completion of the successful adulthood plan, formerly named independent living, by following the instructions in the OKSA Guide available on the OKIL website.The OKSA Guide:
(A) includes information for the youth about the importance of designating another individual to make health care treatment decisions on the youth's behalf when the youth:
(i) becomes unable to participate in his or her health care decisions; and
(ii) does not have, or does not want a relative, who would otherwise be authorized under state or tribal law, to make health care decisions for the youth; and
(B) discusses the option of executing a health care power of attorney, health care proxy, or other similar documents recognized under state or tribal law.
2.Judicial oversight.The CW specialist:
(1) documents on Form 04KI009E, Court Report, or Form 04KI014E, Individualized Service Plan (ISP) Progress Report, each OKSA service provided since the last court hearing and attaches a copy of the youth's updated successful adulthood plan;
(2) recommends the court make the finding "appropriate successful adulthood services are provided";
(3) ensures within 120-calendar days prior to the youth's 18th birthday that a Family Team Meeting is held to prepare Form 04PP018E, My Transition Plan, per Oklahoma Administrative Code (OAC) 340:75-6-31.1 Instructions to Staff (ITS) # 1;
(4) submits Form 04PP018E to the court within 90-calendar days of the youth's 18th birthday; and
(5) assists and supports the youth in implementing Form 04PP018E as described in the OKSA Guide on the OKIL website at www.oksa.ou.edu.
3.Community contracted services.Current community Community contractors are listed in DHS Publication No. 94-08.
(1) Services provided through the community contracts include:
(A) educational, vocational, and supplemental assistance;
(B) resource materials, such as instructional tools or supplies needed for the youth' s transition;
(C) OKSA teen conferences, seminars, and activities;
(D) technical assistance to DHS and tribal CW staff and other contractors;
(E) training regarding the OKSA program and the preparation of youth for a successful transition to adulthood;
(F) processing requests for youth development funds;
(G) issuing youth development fund payments for goods and services;
(H) coordinating special successful adulthood funding to encourage DHS regions or districts and tribes to develop successful adulthood activities within local communities that include, at a minimum, training for youth in an area of skill needed for successful transition to independence; and
(I) answering the Yes I Can toll free number at 1-800-397-2945, and providing services to young adult adults, 18 to 21 years of age, who were in foster care.
(2) To access community-contracted services, the CW specialist or tribal worker:
(A) refers to DHS Publication No. 94-08 for contact information; or
(B) calls the Yes I Can toll free number at 1-800-397-2945.
(3) The OKSA program provides reimbursement for mileage, per diem, and lodging to specified OKSA activities and events for DHS and tribal CW staff and placement providers.
4.Successful adulthood youth development funds.
(1) The approval of successful adulthood youth development funds is contingent upon funding availability.
(2) Successful adulthood youth development funds are not used to reimburse youth, DHS staff, or contractors for a purchase made on behalf of the youth.
(3) Exceptions to reimbursement and item cost limits, per DHS Appendix C-19-A, Successful Adulthood Youth Development Funds, require approval by OKSA Program staff.
(4) Requests for an item, per DHS Appendix C-19-A, are not split between two codes.
(5) Eligibility criteria for successful adulthood youth development funds are listed in (A) through (D).
(A) Preparation funds.
(i) The eligible youth:
(I) is 14 through 17 years of age and is currently in DHS or tribal custody in out-of-home placement; or
(II) entered adoption or a permanent guardianship after 14 years of age.
(ii) Preparation funds are used for education and work-related expenses, miscellaneous services, and permanent connection-related activities necessary to achieve the youth's successful adulthood plan.
(B) Supportive services funds.
(i) The eligible young adult:
(I) is 18, 19, or 20 years of age and was in DHS or tribal custody and out-of-home placement on his or her 18th birthday; or
(II) entered adoption or a permanent guardianship after 16 years of age.
(ii) Supported services contingency funds are used for education-related expenses, car expenses, furniture, appliances, alternate transportation, clothing, medical expenses, purchased services, such as substance use or abuse counseling and mentors, work-related services, and other miscellaneous services necessary to achieve the youth's successful adulthood plan.
(C) Housing funds.
(i) The youth or young adult eligible for housing funds was in DHS or tribal custody and out-of-home placement on his or her 18th birthday and has not yet reached 21 years of age.
(ii) Housing funds are:
(I) designated to assist the youth with housing in emergency situations; and
(II) used for living expenses, such as rent, utilities, deposits, and food.Young adults 18 to 21 years of age, who left out-of-home care may use successful adulthood housing Housing funds for deposits and food may be used to establish the initial post-care living arrangement or for housing assistance to prevent homelessness.
(iii) Payment for housing for the young adult attending post-secondary institutions where dorms are available is assessed on a case-by-case basis.
(iv) The young adult may be eligible for a total of six months of housing payments.Exceptions require approval from OKSA Program staff.
(v) Housing payments extending beyond three-consecutive months require approval from OKSA Program staff.
(vi) The young adult who takes advantage of community-supported, transitional placement may have three months of housing paid to the transitional placement and still be remain eligible for an additional six months of housing.
(vii) All subsequent requests for emergencies are considered on a case-by-case basis by OKSA Program staff.
(D) One-time only funds.
(i) The youth or young adult eligible for one-time only funds is:
(I) 14 through 17 years of age and in DHS or tribal custody in out-of-home placement;
(II) 18 through 20 years of age who was in DHS or tribal custody in out-of-home placement on his or her 18th birthday; and
(III) 16 through 20 years of age who entered a permanent guardianship or adoption at 14 years of age or older.
(ii) The one-time only funds are used to purchase goods and services the youth or young adult needs on a one-time only basis.
(6) Fund limits.Eligible youth or young adults may access:
(A) an item in successful adulthood preparation and supported services funds more than once but expenditures may not exceed the cost limit for each item, per youth, per year, October 1 through September 30;
(B) graduation expenses only during the year of the youth's graduation; and
(C) one-time only funds at any time.
(7) Accessing successful adulthood youth development funds for youth or young adults in out-of-home care.To access preparation or one-time only funds for the eligible youth, 14 through 17 years of age, or supportive services or one-time only contingency funds for the eligible young adult, 18, 19, or 20 years of age in voluntary out-of-home care, the CW specialist or tribal worker:
(A) prior to requesting funds, determines whether if the goods and services are available elsewhere at no cost;
(B) refers to DHS Appendix C-19-A for a list of goods and services, cost limits, and codes;
(C) discusses goods and services that support the youth's or young adult's successful adulthood case plan with the youth or young adult and placement provider during each visit and documents the discussion in the Child Abuse and Neglect Information System, known as KIDS, Contacts screen;
(D) obtains cost comparisons on all goods and services greater than $200 and negotiates with the vendor obtaining for the lowest cost for goods and services;
(E) completes Form 04IL006E, Request for Successful Adulthood Development Funds, and includes complete vendor information and instructions regarding where the youth development fund payment is mailed;
(F) submits completed Form 04IL006E to the CW or tribal supervisor for approval;
(G) emails or faxes the CW supervisor-approved Form 04IL006E to the contractor listed on the form.The contractor then:
(i) processes the request by verifying the youth's or young adult's available funding and determining whether determines if the request supports the youth's or young adult's successful adulthood plan; and
(ii) faxes approved Form 04IL006E to the community-contracted fiscal agent, who issues the youth development fund payment and mails the payment to the location designated in the instruction section of Form 04IL006E;
(H) enters the goods and services in KIDS Service Log screen;
(I) verifies the goods and services were received by the youth or young adult and advises him or her that the fiscal agent must have all receipts for the youth's or young adult's goods and services to continue to receive youth development funds;
(J) assists in obtaining the receipts for goods and services when requested by the fiscal agent; and
(K) files Form 04IL006E and any supporting documentation in the youth's or young adult's case record.
(8) Accessing one-time only, supportive services, and housing development funds for young adults 18, 19, or 20 years of age who exited out-of-home care at 18 years of age or older.When the young adult contacts the current OKSA community contractor, the contractor:
(A) verifies the young adult's eligibility for goods and services and opens a KIDS IL case;
(B) consults with the young adult regarding the fund request and how it complements the young adult's efforts to achieve self-sufficiency;
(C) when necessary, requests the young adult fax or provide verification of employment, housing lease agreement, or car ownership;
(D) when goods and services are needed, completes Form 04IL006E and consults, as needed, with the CW specialist familiar with the young adult formerly in DHS custody to identify vendors and goods and services in the area where the young adult resides;
(E) faxes Form 04IL006E to the contracted fiscal agent.The contracted fiscal agent issues the fund payment and mails the payment to the location identified in the instruction section of Form 04IL006E;
(F) enters the conversations with the young adult in KIDS Contacts screen and documents the goods and services received on KIDS Service Log screen; and
(G) when the contractor determines the young adult requesting funds may benefit from case management, such as a parenting, young adult or the young adult who is in an unsafe place or relationship, makes an agreement with the young adult to allow a case manager to schedule a face-to-face contact.
5.Incentive payment process for exit interviews.
(1) The CW specialist or tribal worker discusses the incentive payment process with youth, who are eligible at 14 years of age, and refers to the list of accomplishment categories and payment schedule outlined in Form 04IL002E, Successful Adulthood Incentive Payment Worksheet.
(2) To access successful adulthood incentive payments, the CW specialist or tribal worker:
(A) conducts an exit interview with the youth using Form 04IL002E, two months prior to the youth exiting DHS or tribal custody at 18 years of age or voluntary placement after 18 years of age;
(B) offers the youth the opportunity to complete Form 04IL003E, Successful Adulthood Exit Interview, during the exit interview;
(C) completes Form 04IL005E, Successful Adulthood Payment Claim, for the youth's signature;
(D) determines the incentive payment by verifying the youth's accomplishments during the exit interview process;
(E) ensures the youth's address is correct, as the incentive payment is mailed to the address listed on Form 04IL005E; and
(F) mails Forms 04IL002E, 04IL003E, and 04IL005E, and required documentation to OKSA Program staff.
6.OKSA scholarship and educational opportunities.
(1) Oklahoma's Promise (OK Promise), formerly known as the Oklahoma Higher Learning Access program, or OHLAP.
(A) Section 2601 et seq. of Title 70 of the Oklahoma Statutes (70 O.S. §§ 2601 et seq.) sets forth a scholarship program for students between the eighth and tenth grades that pays for tuition at an Oklahoma public two-or four-year college or university.
(B) OK Promise application for youth in DHS custody.OKSA Program staff initiates enrollment for the eligible youth in OK Promise and documents enrollment in KIDS Education and Contacts screens.
(2) Tuition waiver.70 O.S. § 3230 provides tuition waivers for eligible youth or young adults in DHS or tribal custody for undergraduate resident tuition at institutions within the Oklahoma State System of Higher Education and resident tuition for enrollment in post-secondary programs of area vocational-technical districts.
(A) The youth or young adult is eligible until, he or she:
(i) earns a degree or program certificate; or
(ii) reaches 26 years of age, whichever comes first.
(B) To receive a tuition waiver, the youth or young adult must:
(i) have been in the custody of DHS custody or a federally-recognized Indian tribe for any nine of the 24 months between his or her 16th and 18th birthdays;
(ii) be an Oklahoma resident;
(iii) have graduated from:
(I) a high school accredited by the Oklahoma State Board of Education;
(II) the Oklahoma School of Science and Mathematics;
(III) an approved public high school in states bordering Oklahoma; or
(IV) have completed General Educational Development (GED) requirements;
(iv) have satisfied admission standards determined by Oklahoma State Regents for Higher Education for first-time students;
(v) have secured admission to and enrolled in a post-secondary vocational-technical program that has a cooperative agreement with the Oklahoma State System of Higher Education; and
(vi) utilize the tuition waiver within three years after reaching 18 years of age.
(C) To access the tuition waiver:
(i) the CW specialist notifies the current OKSA community contractor or OKSA Program staff of the youth or young adult, who meets the eligibility criteria;
(ii) OKSA Program staff notifies Oklahoma State Regents for Higher Education of the youth's or young adult's eligibility;
(iii) Oklahoma State Regents for Higher Education provides a list of eligible youth or young adults to the colleges and universities; and
(iv) the OKSA community contractor or OKSA Program staff mails individual tuition waiver eligibility letters to the , or youth, or young adult.
(3) Education and Training Voucher (ETV) program.
(A) The ETV program is a provision of the Foster Care Independence Act of 1999, Public Law 106-169, that which makes funding available for post-secondary education and training.Funding may be used for tuition, fees, books, supplies, room and board, transportation, and other miscellaneous and personal items.The eligible young adult:
(i) is eligible for services under the DHS OKSA program;
(ii) entered a permanent guardianship or was adopted from out-of-home care after reaching 16 years of age; and
(iii) participated in the ETV program on his or her 21st birthday until reaching 23 years of age, enrolled in a post-secondary education or training program, and has made satisfactory progress toward program completion.
(B) ETV access.To access the ETV program, the CW specialist or tribal worker:
(i) notifies the current community contractor listed in DHS Publication 94-08 or the OKSA Program staff of the young adult who meets the eligibility criteria and was accepted into a post-secondary education or vocational training program; and
(ii) assists the young adult with completing and submitting the ETV application to the community contractor by July 1, for the fall semester deadline of July 1 or December 1, for the spring semester deadline of December 1.
7.Youth and Adult Advisory Board.
(1) The CW specialist advises each eligible youth of the Youth and Adult Advisory Board and the youth's opportunity to participate.
(2) When the youth indicates a desire to participate in a Youth and Adult Advisory Board, the CW specialist contacts the current community contractor listed in DHS Publication No. 94-08.
(3) Reimbursement for mileage is available for the individual the CW specialist, tribal worker, resource parent, placement provider, mentor, or the youth providing the youth transportation to the board meeting or event and is made to the eligible youth, the CW specialist, tribal worker, resource parent, placement provider, or mentor.Mileage reimbursement requests are submitted to OKSA Program staff for approval and processing.
8.Teen panels.
(1) The youth or young adult eligible to participate in teen panels is 14 to 21 years of age, in DHS or tribal custody, in out-of-home placement, or a youth or young adult formerly in DHS or tribal custody.
(2) Participation in teen panels.The CW specialist or tribal worker:
(A) advises each eligible youth or young adult of the opportunity to participate on a teen panel; and
(B) when the youth or young adult indicates a desire to participate on a teen panel, contacts OKSA Program staff to list the youth or young adult as an available participant.
(3) OKSA Program staff or the OKSA community contractor completes and submits Form 04IL005E for teen panel payment.
9.Voluntary placement.
(1) Eligibility for voluntary placement.The youth who requests voluntary placement must meet the criteria in (A) - (F).
(A) The youth is appropriate for out-of-home placement.
(B) Placement is available for the youth.
(C) The youth made a written request for voluntary placement.
(D) The youth agrees to participate in the development of a successful adulthood plan outlining the steps to achieve self-sufficiency, participate in OKSA services and activities, and abide by the plan.
(E) The youth will apply for medical services through Medicaid (SoonerCare).
(F) The youth will participate in an approved school or educational program to obtain a GED or high school diploma and seek employment, as appropriate.
(2) Special circumstances for voluntary placement.When a youth or young adult requests voluntary placement after 18 years of age for reasons other than completion of high school or a GED, such as providing out-of-home care during the summer months following graduation from high school prior to the youth or young adult entering college or a vocational program, the same procedure as for a voluntary placement request is used.
(3) Youth's benefits or resources.When the youth receives benefits, the youth signs a notarized statement agreeing to reimburse DHS for the cost of care from any benefits or resources available.When the youth does not choose to reimburse DHS from the benefits, the CW specialist with the youth explores alternatives to voluntary placement that are consistent with the goal of self-sufficiency.Refer to OAC 340:75-13-28.
(4) Voluntary placement request.To request voluntary placement, the youth signs Form 04IL001E, Voluntary Placement Request.
(A) Form 04IL001E is submitted to the CW supervisor for approval one month prior to the youth's 18th birthday.
(B) When the supervisor approves the voluntary placement request, Form 04IL001E is forwarded to the district director or designee for final approval.
(C) When the youth's request for voluntary placement is approved by the district director or designee, the status type for the removal and official custody is changed to "voluntary" in KIDS and the youth's 18th birthday is used as the status-begin date.
(5) Medical eligibility.The young adult 18 years of age in voluntary DHS or tribal placement is may be eligible for SoonerCare.
(A) The CW specialist notifies and provides Form 04IL001E to the custody specialist when the young adult enters voluntary placement to allow the young adult to receive medical benefits.The CW specialist:
(i) scans Form 04IL001E into the KIDS File Cabinet in the Client tab;
(ii) chooses User Generated Form as the document type;
(iii) selects a file name; and
(iv) uses Voluntary Placement Agreement and date – Client Name as the document description.
(B) When the young adult exiting voluntary DHS or tribal care placement is older than 18 years of age, but has not reached his or her 21st birthday, the young adult is directed to the my SoonerCare member enrollment website at www.apply.okhca.org to complete his or her application for health insurance.
10.Credit Reports.
(1) OKSA Program staff:
(A) requests an annual credit report from the three credit reporting agencies for each youth in DHS or tribal custody who is in out-of-home placement at 14, 15, 16, and 17 years of age;
(B) documents in the youth's KIDS IL Additional Information screen that the credit report was received and if there are credit concerns;
(C) provides the credit report or information that there were no credit concerns to the youth's CW specialist or tribal worker; and
(D) provides a guide, resources, and educational materials to the CW specialist or tribal worker on:
(i) the importance of maintaining good credit and preventing identity theft; and
(ii) how to resolve credit discrepancies on the credit report.
(2) The CW specialist or tribal worker:
(A) ensures a copy of the report is provided to the youth and a copy is placed in the KIDS File Cabinet;
(B) documents on the KIDS IL screens, the date the report was provided to the youth;
(C) discusses with the youth the importance of maintaining good credit and protecting himself or herself against identity theft;
(D) assists the youth with reviewing and resolving any errors or fraudulent charges in the report;
(E) discusses during the 90-calendar day Transition Planning meeting the importance of the youth continuing annual credit report requests after the youth's 18th birthday and instructing the youth on how to request the reports; and
(F) documents in the KIDS IL Service screen that the youth received budget and financial training.
SUBCHAPTER 8. THERAPEUTIC FOSTER CARE AND DEVELOPMENTAL DISABILITIES SERVICES
PART 1. THERAPEUTIC FOSTER CARE
340:75-8-8. Therapeutic foster care contractor requirements
Revised 2-29-169-15-17
(a) Therapeutic foster care (TFC) contractors:
(1) engage in active recruitment of potential TFC parents who reflect the racial and ethnic diversity of children requiring placement, in compliance with the Multiethnic Placement Act of 1994 and the Interethnic Provisions of 1996,per Oklahoma Administrative Code (OAC) 340:75-7-10;
(2) engage in active recruitment of potential TFC parents who are receptive and capable of meeting the service needs of all Oklahoma Department of Human Services (DHS) custody children determined to be eligible for TFC placement;
(3) certify TFC homes according to rules established by Child Care Services (CCS), Child Welfare Services (CWS), OAC 340:75-7-10 through 340:75-7-19, Oklahoma Health Care Authority (OHCA), and the requirements outlined in the DHS placement agreement for residential behavioral management services (RBMS) in TFC Settings;
(4) ensure each TFC parent receives the appropriate pre-service training according to CCS rules, and OHCA rules per OAC 317:30-5-740.1, and CWS resource family requirements including Bridge, and the requirements outlined in RBMS in TFC sections, prior to the placement of a child in the home;
(5) ensure the TFC home meets all certification requirements prior to the placement of a child or youth in the home;
(6) evaluate the TFC parent's ability to provide TFC services and meet the needs of children receiving RMBS in a foster care setting per OAC 340:75-7-94;
(7) participate in regularly scheduled staffings on all child abuse and neglect referrals with CWS program staff.Each foster care resource file must contain a log of all investigations and screened out referrals for use as a continual assessment of safety and resource home developmental needs;
(8) ensure that no TFC home is used for new placements or respite care while under investigation for child abuse or neglect.New placements or respite care cannot resume without specific consent of TFC program staff;
(9) ensure each TFC parent meets the requirements for in-service training as defined in the DHS RBMS contract;
(10) ensure the TFC parent has training and support to apply reasonable and prudent parent standards per Section 1-1-105 of Title 10A of the Oklahoma Statutes.The reasonable and prudent parent standard is characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child.This standard is used by the child's TFC parent when determining whether to allow a child to participate in extracurricular, enrichment, cultural, and social activities.The foster parent may request consultation with the CWS specialist, biological parent or guardian, TFC contractor staff, or other parties to the child's case to assist with decision-making and ensure the child has access to immediate therapeutic response and support when needed.Visitation with the child's family of origin or connections identified by DHS to have restricted contact with the child must be approved by the child CWS specialist;
(10)(11) complete Form 04TF006E, Unsupervised Time Assessment, for all TFC children, regardless of age, anytime an assessment is made that the child has the ability to have time away from the TFC parent's or parents' direct supervision, other than the child's participation in extracurricular educational activities for grades K through 12 for activities other than those included under reasonable and prudent parenting standards, such as the child spending time alone or attending a child care program while the TFC parent works.This assessment includes, but is not limited to, the utilization of child care and the TFC parent or parents parent's availability to respond to behavioral needs and all problems when the child is not under their his or her direct supervision.The assessment is documented as part of the child's ongoing TFC treatment plan with a copy of the finalized plan provided to the TFC parent or parents;¢ 1
(11)(12) requests request approval from the CWS program staff for TFC prior to accessing child care for a child 5 years of age or younger.DHS does not reimburse for child care for a child in TFC placement.The written request includes the:
(A) therapeutic justification in the child's treatment plan of daily child care outside of the child's TFC placement home;
(B) ability of child care staff or the child care provider to meet the child's emotional and behavioral needs and all problems;
(C) availability of the TFC parent and TFC contractor staff to respond to behavioral needs and all problems at the child care environment;
(D) verification of the child care center's licensing status, star ratings, and adult-to child ratio, per OAC 340:75-7-65(a)(3)(A);
(E) proposed weekly schedule for child care utilization;
(F) planned length of use of child care as a service component of the child's treatment plan; and
(G) copy of the child's Unsupervised Time Assessment;
(12)(13) do not accept applications from any foster parent certified by any other agency, including all licensed child-placing agencies and DHS, without prior written approval of the current certifying TFC contractor and written approval of the CWS program supervisor for TFCfollow established protocol found in the RBMS, contract for TFC services, for managing the transfer of a currently certified foster home from another contracting agency;
(13)(14) do not certify a DHS employee as a TFC parent without prior written approval from the CWS director or designee.The TFC contractor submits the written request to the CWS program supervisor for TFC.The review of the request is consistent with OAC 340:75-7-12;
(14)(15) do not certify a TFC agency employee assigned to the TFC program as a TFC parent without prior written approval from the CWS program supervisor for TFC.The request includes a copy of TFC agency policy regarding certification of employees of the TFC agency; and
(15)(16) do not accept a foster parent application from a person licensed to provide child care services.Families are not approved as licensed family child care homes and TFC homes at their home or in any other location.;
(17) establish a procedure to address and document a response to concerns in a TFC foster home that do not warrant a referral for an abuse or neglect assessment or investigation.Examples of this type of concern include, but are not limited to, a foster parent's judgment or supervision, disciplinary practices, non-compliance with policy or contract, unacceptable housing standards, inadequate clothing provisions for the child, or a lack of involvement in the child's education or independent living skills.When documented efforts to address these issues do not remove the concerns, DHS has the right to decline the use of the home; and
(18) require all TFC parents to immediately report to the TFC contractor:
(A) charges or arrests of any foster parent or household member and any criminal investigation of a foster parent or household member; or
(B) a proceeding for a protective order filed by or against any member of the household.The TFC contractor immediately reports these events to DHS TFC program staff and complies with directives given to ensure the safety of children in the home.
(b) TFC homes may be jointly-approved per OAC 340:75-7-19.
INSTRUCTIONS TO STAFF 340:75-8-8
Revised 9-15-149-15-17
1.Unsupervised time for children in therapeutic foster care (TFC) placement.Child Welfare Services staff:
(1) consults with the TFC therapist and the TFC foster parent regarding the decision to complete Form 04TF006E, Unsupervised Time Assessment;
(2) reviews completed Form 04TF006E and accompanying Support Plan signed by the child, the TFC therapist, the TFC foster parent, and the TFC agency director;
(3) discusses completed Form 04TF006E, accompanying Support Plan, and TFC treatment plan (TP) with his or her supervisor;
(4) secures necessary signatures and returns the signed plan to the TFC therapist; and
(5) reviews Form 04TF006E and Support Plan at each TP review and when the child's behavior or needs change.
340:75-8-9. Placement procedures in therapeutic foster care homes
Revised 2-29-169-15-17
(a) Therapeutic foster care (TFC) is the least restrictive, community-based residential care placement setting.Children in Oklahoma Department of Human Services (DHS) custody or tribal custody served in TFC placements are 3 through 17 years of age, male or female, and determined by the Oklahoma Health Care Authority (OHCA) authorized reviewer to meet the medical necessity criteria for TFC services, per Oklahoma Administrative Code (OAC) 317:30-5-741.
(1) The child has been was diagnosed with any Diagnostic and Statistical Manual of Mental Disorders (DSM) AXIS I primary diagnosis, with the exception of V codes and adjustment disorders, accompanied by a detailed description of the symptoms supporting the diagnosis.
(2) The child's conditions are directly attributed to a mental illness or serious emotional disturbance as the primary need for professional attention.
(3) It has been was determined by the inpatient authorization reviewer that the child's current disabling symptoms cannot be or have were not been managed in a less intensive treatment program.
(4) There is evidence that the child's presenting emotional or behavioral problems prohibit full integration in a family or home setting without the availability of 24-hour crisis response, behavior management, and intensive clinical interventions from professional staff.
(5) The child is medically stable and not actively suicidal or homicidal and not in need of substance use or abuse detoxification services.¢ 1
(6) The parent or the legal guardian of the child in DHS custody or tribal custody is afforded the opportunity to actively participate in the child's treatment and planning.
(b) The Child Welfare Services (CWS) specialist and supervisor assess each child's treatment needs per OAC 340:75-6-40 and 340:75-6-85.The CWS specialist seeks TFC placement when the:
(1) child's treatment needs can no longer be met in the child's own home, relative home, or traditional foster family setting;
(2) child does not require a group home placement; and
(3) child does not meet the medical necessity criteria for psychiatric treatment.
(c) A child whose behavior requires 24-hour awake supervision or who poses a danger in a family setting is not appropriate for TFC placement.
(d) The TFC contractor receives referrals for the placement of children from the regional resource (RRC) TFC placement coordinator, per OAC 340:75-8-12.¢ 2
(e) The TFC contractor requests a TFC authorization extension 30-calendar days prior to the expiration of the authorized length of stay.When the OHCA authorized reviewer denies the extension of services, the TFC contractor provides written notification within one-business day of the denial to the CWS specialist, or the Indian child welfare worker when the child is in tribal custody only, to initiate transition planning.¢ 3
(f) TFC contractors document in writing, an assessment of the agency's ability to serve a child 5 years of age or younger prior to placement.The written documentation is maintained for on-site review during program audits and includes:
(1) the assessed diagnosis and proposed treatment plan for the child;
(2) the credentials, experience, and training of the TFC contractor's staff documenting the staff's ability to develop an age-appropriate treatment plan and deliver clinical services to children, 5 years of age or younger, with emotional disturbances or behavioral disorders problems; and
(3) a description of the proposed TFC parent's:
(A) age, availability, experience, and skills;
(B) family structure;
(C) ability to meet the needs of a child, including a child 5 years of age or younger; and
(D) parenting responsibilities to other children in the home, children in foster care or TFC placement, any adopted children, and any birth children.
(g) The TFC contractor does not place more than two children in a TFC home without prior written approval from the CWS programs supervisor for TFC via the program staff on completed Form 04FT003E, Request for Third Placement.The TFC contractor submits the written request that includes:
(1) primary treatment needs for the proposed placement of a third child and any subsequent children in the TFC home;
(2) availability, placement history, skills, completed or planned corrective action, and additional contractor supports of the TFC parent identified for proposed placement of a third child;
(3) risk factors considered and compelling reasons for proposed placement of a third child;
(4) documentation of TFC contractor contact with CWS specialists or supervisors for each child in the home, involved professionals, and each TFC family member, regarding the impact of the proposed placement of a third child;
(5) documentation of TFC contractor's review of any separated siblings placed in the proposed third placement.Guidance on when siblings may be separated is located in OAC 340:75-6-85; and
(6) other information as requested by the CWS programs manager for TFC.
(h) A home serving three or more children without prior written approval is subject to denial of payment above the foster care maintenance rate.Email approval from TFC program staff is considered valid written approval.A child respiting in the home beyond timeframes and processes for extensions per OAC 340:75-8-11 is considered a placement in the home after 14-calendar days.
(h)(i) Title XIX payments for TFC services are not made for TFC parents who move out of Oklahoma.¢ 4
(i)(j) A child youth may remain in TFC placement on a voluntary basis after 18 years of age, per OAC 340:75-6-110.¢ 5
(k) The TFC contractor establishes practice modalities to support the placement of all children in DHS custody and tribal custody meeting criteria for TFC level of care in a fully-certified TFC home.Each child in placement receives services based on his or her individualized service plan to meet mental and behavioral health needs.Services provided support the child to move to a less restrictive level of care as quickly as possible.
(l) Children in TFC are authorized for placement based on meeting specific criteria.The amount of reimbursement paid to the contractor and therapeutic parent are in accordance with Appendix C-20, Child Welfare Services (CWS) Rates Schedule.
(m) Children are supported with TFC services to make progressive step downs and maintain stability in placement to reach traditional foster care level or achieve permanency goals.¢ 3
(n) When the TFC placement is not approved by OHCA because the placement need developed outside of OHCA business hours or the business day closed without a return call from OHCA, the contractor may assist with immediate placement of a child identified by DHS staff as in need of TFC level placement.These placements are documented and paid through the contractor's resource family partners contract for placement of traditional foster care placements or coordinated foster care contract.OHCA approval must be obtained the following business day after placement.The child is then admitted to TFC placement in the same home.When OHCA denies TFC approval, the contractor and CWS specialist immediately coordinate to ensure a new placement referral is initiated for placement in the appropriate level of care.The child may not remain in a TFC home more than three-business days when denied by OHCA for TFC placement.
INSTRUCTIONS TO STAFF 340:75-8-9
Revised 2-29-169-15-17
1.Authorization for therapeutic foster care (TFC) by Oklahoma Health Care Authority (OHCA).A child in Oklahoma Department of Human Services (DHS) custody or tribal custody is authorized for TFC placement by OHCA inpatient authorization reviewers.Reviewers initially evaluate the child's current treatment needs to determine whether the child likely meets the criteria for TFC services.
(A) The Child Welfare Services (CWS) specialist requests OHCA evaluation for admission to TFC by calling 1-800-522-0114.
(B) The CWS specialist provides to the OHCA reviewer accurate and complete information regarding the child's behavior to the OHCA reviewer.
(C) When the OHCA reviewer determines the child likely meets criteria for TFC, the reviewer faxes the "sounds like" designation to the TFC placement coordinator.
(D) The CWS specialist makes the placement request on the child's KIDS Placement Recommendation screen, and the supervisor approves the placement request immediately following the TFC approval by the OHCA reviewer.The CWS supervisor's approval of the placement request indicates complete and pertinent referral information is included.
(E) To appeal a TFC denial by OHCA, the child's CWS specialist contacts the CWS programs supervisor for TFC.
2.TFC placement coordinator assignment.The CWS programs supervisor's approval of the recommendation for TFC placement initiates the secondary case assignment to the TFC placement coordinator.Refer to Oklahoma Administrative Code (OAC) 340:75-8-12 Instructions to Staff for the TFC placement coordinator's role and responsibilities.
3.Lower level placement options.When the child no longer meets criteria for TFC placement and can be placed in a lower level of care, the CWS specialist immediately makes plans for the next appropriate placement.Placement options for a child who no longer meets criteria are:
(A) his or her own home;
(B) a relative home;
(C) an adoptive home;
(D) foster family care, including joint approval of the TFC home per OAC 340:75-8-8, and coordinated foster care; or
(E) independent living.
4.Out-of-state placements.CWS staff are is not authorized to approve TFC placement of a child in DHS custody with a TFC parent who is moving out-of-state.
5.Extended placement services.The CWS specialist and supervisor determine whether if the youth in TFC placement is eligible for voluntary services after 18 years of age.When the youth is eligible and requests voluntary care, the CWS specialist completes requirements per OAC 340:75-6-110.
340:75-8-11. Therapeutic foster care placement stability
Revised 2-29-169-15-17
(a) Assessment of placement stability.Therapeutic foster care (TFC) contractors and Child Welfare Services (CWS) specialists continually assess the stability of a child's placement.When indications of instability are identified, the TFC contractor and CWS specialist jointly evaluate the need for additional services and supports to maintain the current placement.
(b) Supporting placement stability.The TFC contractor and CWS specialist review the child's current treatment plan and determine the need for modifications including, but not limited to:
(1) the need for further evaluation;
(2) specialized treatment services;
(3) increased communication between team members;
(4) wrap around wraparound services;
(5) additional supports for the foster parents;
(6) use of disruption prevention staffing; and
(7) behavior redirection and crisis management services.¢ 1
(c) Foster parent supports for TFC.
(1) Travel reimbursement.OAC 340:75-7-65 provides for TFC parent reimbursement for a child's transportation that meets specific criteria.¢ 2
(2) Insurance for the foster home.Liability insurance is provided for TFC families for damages caused by the child in Oklahoma Department of Human Services (DHS) custody according to the policy terms.Foster families have the right to receive a copy of the liability insurance policy per Section 1-9-119 of Title 10A of the Oklahoma Statutes.Foster parents are responsible for deductibles.
(c)(d) Placement disruption.Disruption is an unplanned change in a child's placement and occurs when a child is removed from a therapeutic foster TFC home and will not return to the same foster home due to the home or contractor being unable or unwilling to continue to serve the child.Disruptions include all placement changes that are not related to a planned movement towards the child's identified permanency goal.Unless an emergency exists, the TFC:
(1) TFC contractor will not move children in therapeutic foster care TFC placement without DHS approval.; and
(2) TFC parent provides a 30-calendar day notice to the TFC contractor when requesting a child's removal from the TFC home, unless the removal is required to protect the health or safety of the child or TFC family members.
(d)(e) Disruption staffing.A disruption staffing will occur occurs for all unplanned placement changes.When possible, the staffing occurs prior to providing notice of discharge to support the foster parent and child, prevent disruption, or assist with transition.When prior planning is not possible, the staffing occurs within the 72-business hour notice of discharge period.The staffing occurs within 72-business hours following immediate discharge, such as into an inpatient setting.The staffing includes at least the TFC therapist, foster parent, and CWS specialist or supervisor.The child may participate, when able.The staffing may be conducted by conference call.The contractor's TFC program director reviews all disruptions and includes copies with the contractor's monthly report to the TFC programs supervisor.¢ 3
(e)(f) Respite care.Respite care provides reprieve and support for the TFC parent, child, or both.Respite for children in therapeutic foster TFC is only provided in certified therapeutic foster homes.There are four classifications of respite care:
(1) Planned respite.Reprieve for the TFC parent with whom a child is placed includes a defined timeframe, not to exceed 14-calendar days, and specifies the date for the child to return.
(2) Unplanned respite.Reprieve for the TFC parent with whom a child is placed due to a crisis or emergency circumstance includes a defined timeframe, not to exceed three-business days.If When circumstances warrant an extension beyond three-business days of the respite stay, the TFC contractor submits a written request for the extension to the assigned TFC agency contract liaison for their agency.Any extension of unplanned respite will does not exceed a total of 14-calendar days.
(3) Transitional respite.Reprieve for stabilization and assessment following a TFC home placement disruption, is not to exceed five-business days.This period allows the TFC contractor and CWS county of jurisdiction specialist time to develop an appropriate plan for the child's next placement.If When circumstances warrant an extension beyond five-business days of the respite stay, the TFC contractor submits a written request for the extension to the assigned TFC agency contract liaison for their agency.Any extension of transitional respite will does not exceed a total of 14-calendar days.
(4) Administrative Respite.Care provided for children when safety or contract compliance is under review in the TFC home.These periods are identified by the TFC contractor or DHS CWS.Circumstances could include, but are not limited to, abuse and/or neglect investigations, new criminal offenses by an adult household member, or contract violations that impact safety or may affect the requirements for continued certification.
(A) DHS CWS immediately notifies the TFC contractor when a need for administrative respite is identified and provides details of safety concerns.
(B) When concerns are identified by the TFC contractor, DHS CWS programs staff are notified within one-business day that a child has been was moved to a respite setting for administrative respite and provided details of safety concerns.
(C) The TFC contractor and CWS programs staff agree to a specified time period for the respite care and establish a date to review the use of continued respite.
(f)(g) Notification of respite placement.The TFC contractor notifies, via Form 04FT004E, Notice of Child's Location, the CWS county of jurisdiction and county of placement specialists, regional resource coordinators involved in the placement, and the contract liaison of all placement changes, including all types of respite, for each child in TFC placement.¢ 1
(g)(h) TFC contractor.The TFC contractor:
(1) ensures the respite TFC parent is informed of the child's current treatment issues, behavioral, medical, and physical needs, and any child-specific supervision or safety plans; and
(2) supervises the respite TFC parent in the implementation of the in-home treatment strategies identified in the TFC contractor's individualized treatment plan for the child.
INSTRUCTIONS TO STAFF 340:75-8-11
Revised 2-29-169-15-17
1.Placement reviews.
(1) Upon receipt of Form 04FT004E, Notice of Child's Location, the Child Welfare Services (CWS) specialist updates the KIDS Placement Episode screen to reflect changes.
(2) When the therapeutic foster care (TFC) contractor, TFC parent, and CWS specialists agree the additional supports for stability are:
(A) are successful in stabilizing the child, the child returns to the TFC placement; or
(B) are not successful in stabilizing the child and the TFC placement is disrupted, the CWS specialist immediately plans for the next appropriate placement.
2.Child care services.The CWS specialist assists the TFC parent to access child care services for children in Low tier TFC placement per Oklahoma Administrative Code (OAC) 340:75-7-65 and Instructions to Staff.
3.Travel reimbursement.When the resource parent is eligible for travel reimbursement, the CWS specialist submits approved Form 10AD006E, Travel Claim, per OAC Oklahoma Administrative Code 340:75-7-65.
