COMMENT DUE DATE:
April 10, 2017
DATE:
March 31, 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 17-15
The proposed policy is Emergency . 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 Legal Services-Policy.The proposed policy is emergency.
SUBJECT:CHAPTER 75. CHILD WELFARE SERVICES
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
OAC 340:75-1-18 [AMENDED]
Subchapter 3. Child Protective Services
Part 4. Specialized Investigative Protocols, Child Death or Near-Death Reporting Protocols
OAC 340:75-3-400 [AMENDED]
Subchapter 6. Permanency Planning
Part 5. Permanency Planning Services
OAC 340:75-6-31.4 [AMENDED]
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 7. Foster Home Care
Part 6. Foster Home Care Support Services
OAC 340:75-7-65 [AMENDED]
Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services
Part 1. Therapeutic Foster Care
OAC 340:75-8-8 [AMENDED]
OAC 340:75-8-9 [AMENDED]
OAC 340:75-8-11 [AMENDED]
Subchapter 15. Adoptions
Part 6. Adoption Process
OAC 340:75-15-41.1 [AMENDED]
(Reference WF 17-15)
SUMMARY: The proposed revision to Chapter 75 Subchapter 1 amends the rule regarding dispositional hearing, options, and placement guidelines to reflect statutory changes following passage of House Bill (HB) 2621 (2016) that took effect November 1, 2016.
The proposed revision to Chapter 75 Subchapter 3 amends the rule regarding reports of child abuse and neglect with specialized protocols to comply with HB 2491 (2016) and Senate Bill (SB) 1370 (2016) that took effect November 1, 2016.
The proposed revisions to Chapter 75 Subchapter 6 amend child permanency planning rules to update:(1) permanent guardianship policy to comply with HBs 2431 (2016) and 2484 (2016); (2) policy on runaway youth to comply with HB 1078 (2015) and SB 1200 (2016); (3) Independent Living policy to conform with federal requirements for the State Plan and HB 1078 (2015); and (4) 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 7 amends the foster care rule to address the child care subsidy, respite care, and travel reimbursement.
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).
The proposed revision to Chapter 75 Subchapter 15 amends rule regarding adoption placement considerations to comply with HB 2621 (2016).
Emergency 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 1:10 O.S. § 40 et seq.; 10A O.S. §§ 1-4-705 through 1-4-707, 1-4-709, and 1-4-809; Federal Indian Child Welfare Act, Sections 1901 through 1963 of Title 25 of the United States Code (25 U.S.C. 1901 through 1963); Chapter 75 Subchapter 3:10A O.S. §§ 1-2-102, 1-2-109, 1-4-102, and 1-4-203; 21 O.S. § 748.2; 22 O.S. §§ 20 and 60.14; Chapter 75 Subchapter 6:10 O.S. § 40.6; 10A O.S. §§ 1-1-102, 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, 1-9-119, 2-3-101, and 2-9-101 through 2-9-116; 43 O.S. §§ 118 and 119; 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 7:10A O.S. § 1-9-119; 68 O.S. § 2358.5-1; Chapter 75 Subchapter 8:10A O.S. §§ 1-1-105 and 1-9-119, Multiethnic Placement Act 1994 Public Law 103-82, Interethnic Provisions Act 1996; and Chapter 75 Subchapter 15:10 O.S. §§40.6 and 7501-1.2; 10A O.S. §§1-4-705, 1-4-812, and 1-7-110; 25 U.S.C. 1915, Multiethnic Placement Act 1994 Public Law 103-82, Interethnic Provisions 1996.
Rule Impact Statement
To:Programs administrator
Legal Services Policy
From:Jami Ledoux,Director
Child Welfare Services (CWS)
Date:February 23, 2017
Re:CHAPTER 75. CHILD WELFARE SERVICES
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
OAC 340:75-1-18 [AMENDED]
Subchapter 3. Child Protective Services
Part 4. Specialized Investigative Protocols, Child Death or Near-Death Reporting Protocols
OAC 340:75-3-400 [AMENDED]
Subchapter 6. Permanency Planning
Part 5. Permanency Planning Services
OAC 340:75-6-31.4 [AMENDED]
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 7. Foster Home Care
Part 6. Foster Home Care Support Services
OAC 340:75-7-65 [AMENDED]
Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services
Part 1. Therapeutic Foster Care
OAC 340:75-8-8 [AMENDED]
OAC 340:75-8-9 [AMENDED]
OAC 340:75-8-11 [AMENDED]
Subchapter 15. Adoptions
Part 6. Adoption Process
OAC 340:75-15-41.1 [AMENDED]
(Reference WF 17-15)
Contact:Shirley Russell, Policy Programs Administrator, 405-521-2881
A.Brief description of the purpose of the proposed rule:
The proposed revision to Chapter 75 Subchapter 1 amends the rule regarding dispositional hearing, options, and placement guidelines to reflect statutory changes following passage of House Bill (HB) 2621 (2016) that took effect November 1, 2016.
The proposed revision to Chapter 75 Subchapter 3 amends the rule regarding reports of child abuse and neglect with specialized protocols to comply with HB 2491 (2016) and Senate Bill (SB) 1370 (2016) that took effect November 1, 2016.
The proposed revisions to Chapter 75 Subchapter 6 amend child permanency planning rules to update:(1) permanent guardianship policy to comply with HBs 2431 (2016) and 2484 (2016); (2) policy on runaway youth to comply with HB 1078 (2015) and SB 1200 (2016); (3) Independent Living policy to conform with federal requirements for the State Plan and HB 1078 (2015); and (4) 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 7 amends the foster care rule to address the child care subsidy, respite care, and travel reimbursement.
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).
The proposed revision to Chapter 75 Subchapter 15 amends rule regarding adoption placement considerations to comply with HB 2621 (2016).
Strategic Plan Impact.
The proposed revision to Chapter 75 Subchapter 1 achieves DHS goals by directing staff, parents, and providers to appropriate policy on sibling placement.
The proposed revision to Chapter 75 Subchapter 3 achieves DHS goals by clarifying the process on reports of child abuse and neglect with specialized protocols.
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 revision to Chapter 75 Subchapter 7 achieves DHS goals by providing clarity and improving the processes for child care subsidy and travel reimbursement for resource parents and staff.
The proposed revisions to Chapter 75 Subchapter 8 achieve DHS goals by enhancing supports to children and providers involved in TFC.
The proposed revision to Chapter 75 Subchapter 15 achieves DHS goals by directing staff, parents, and providers to appropriate policy on sibling placement.
Substantive changes.
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
Oklahoma Administrative Code (OAC) 340:75-1-18 is amended to direct staff to appropriate policy on placement preferences for a child in DHS custody and guidance on sibling separation, per HB 2621.
Subchapter 3. Child Protective Services
Part 4. Specialized Investigative Protocols, Child Death or Near-Death Reporting Protocols
OAC 340:75-3-400 is amended to include specialized protocol for requiring notification of military authorities about reports of child abuse and neglect involving children of active duty military parent(s) or legal guardian(s) per HB 2491 and SB 1370.
Subchapter 6. Permanency Planning Services
Part 5. Permanency Planning Services
OAC 340:75-6-31.4 is amended to:(1) not permit a permanent guardianship when the proposed guardian would be denied placement as a proposed foster or adoptive parent, per HB 2431; and (2) state that the permanent guardianship order divests DHS of further legal custody and supervision of a child and DHS has no further responsibility for the child, per HB 2484.
Part 8. Child Welfare Specialist Role
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
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 7. Foster Home Care
Part 6. Foster Resource Home Care Support Services
OAC 340:75-7-65 is amended to:(1) align child care subsidy policy with requirements in Adult and Family Services policy; (2) clarify respite care requirements; (3) include information about how to file a complaint about retaliation or discrimination; and (4) update travel reimbursement for resource parents.
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.
Subchapter 15. Adoptions
Part 6. Adoption Process
OAC 340:75-15-41.1 is amended to direct staff to appropriate policy on placement preferences for a child in DHS custody and guidance on sibling separation, per HB 2621.
Reasons.
Chapter 75 Subchapter 1:The proposed revision addresses the legislative change to placement preference effective November 1, 2016.
Chapter 75 Subchapter 3:The proposed revisions address the legislative changes to the notification process on reports of child abuse or neglect effective November 1, 2016.
Chapter 75 Subchapter 6:The proposed revisions address the legislative changes to permanent guardianship, runaway youth, sibling separation, and placement preference effective November 1, 2016 and federal requirements for the State Plan.
Chapter 75 Subchapter 7:The proposed revision provides clear and concise rules for CWS staff and resource parents working to improve outcomes for DHS custody children.
Chapter 75 Subchapter 8:The proposed revisions address the supports available for TFC providers and placement preference effective November 1. 2016.
Chapter 75 Subchapter 15:The proposed revision addresses the legislative change to placement preference effective November 1, 2016.
Repercussions.
Chapter 75 Subchapter 1:The proposed modification is designed to ensure consistency in making placement decisions for children in DHS custody.
Chapter 75 Subchapter 3:The proposed modification is designed to provide consistent notifications to military authorities on reports of child abuse or neglect.
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 7:The proposed revision provides clear and concise rules for CWS staff and resource parents working to improve outcomes for DHS custody children.
Chapter 75 Subchapter 8:The proposed modifications are designed to improve TFC services and supports for providers and children in DHS custody.
Chapter 75 Subchapter 15:The proposed modification is designed to ensure consistency in making placement decisions for 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 1:10 O.S. § 40 et seq.; 10A O.S. §§ 1-4-705 through 1-4-707, 1-4-709, and 1-4-809; Federal Indian Child Welfare Act, Sections 1901 through 1963 of Title 25 of the United States Code (25 U.S.C. 1901 through 1963); Chapter 75 Subchapter 3:10A O.S. §§ 1-2-102, 1-2-109, 1-4-102, and 1-4-203; 21 O.S. § 748.2; 22 O.S. §§ 20 and 60.14; Chapter 75 Subchapter 6:10 O.S. § 40.6; 10A O.S. §§ 1-1-102, 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, 1-9-119, 2-3-101, and 2-9-101 through 2-9-116; 43 O.S. §§ 118 and 119; 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 7:10A O.S. § 1-9-119; 68 O.S. § 2358.5-1; Chapter 75 Subchapter 8:10A O.S. §§ 1-1-105 and 1-9-119, Multiethnic Placement Act 1994 Public Law 103-82, Interethnic Provisions Act 1996; and Chapter 75 Subchapter 15:10 O.S. §§40.6 and 7501-1.2; 10A O.S. §§1-4-705, 1-4-812, and 1-7-110; 25 U.S.C. 1915, Multiethnic Placement Act 1994 Public Law 103-82, Interethnic Provisions 1996.
Emergency 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 1:The classes of persons most likely to be affected by the proposed rules are children in DHS custody and CWS staff.The affected classes bear no costs associated with the implementation of the rules.
Chapter 75 Subchapter 3:The classes of persons most likely to be affected by the proposed rules are the person(s) responsible for the child (PRFC) and CWS staff.The affected classes bear no costs associated with the implementation of the rules.
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 7:The classes of persons most likely to be affected by the proposed rule are CWS staff, foster parents, parents, and children in DHS custody.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.
Chapter 75 Subchapter 15:The classes of persons most likely to be affected by the proposed rule are children in DHS custody, foster and adoptive parents, and CWS staff.The affected classes bear no costs associated with implementation of the rule.
C.A description of the classes of persons who will benefit from the proposed rule:
Chapter 75 Subchapter 1:The classes of persons who will benefit are children in DHS custody and CWS staff.
Chapter 75 Subchapter 3:The classes of persons who will benefit are military authorities, children in DHS custody, and CWS staff.
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 7:The classes of persons who will benefit are CWS staff, foster parents, parents, and children in DHS custody.
Chapter 75 Subchapter 8: The classes of persons who will benefit are children in DHS custody, TFC providers, and CWS staff.
Chapter 75 Subchapter 15:The classes of persons who will benefit are children in DHS custody, adoptive parents, 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 23, 2017.
