COMMENT DUE DATE:
February 15, 2018
DATE:
January 16, 2018
Shirley Russell, Policy Programs Administrator 405-521-2881
Dena Thayer, Programs Administrator 405-521-4326
Nancy Kelly, Policy Specialist 405-522-6703
RE:
APA WF 18-75
The proposed policy is Permanent . This proposal is subject to Administrative Procedures Act
A public hearing is scheduled for 10:00 a.m. on February 21, 2018, at DHS, Sequoyah Memorial Office Building, 2400 N. Lincoln Boulevard, Oklahoma City, Oklahoma 73105, Room C-48.Anyone who wants to speak must sign in at the door by 10:05 a.m.
SUBJECT:
CHAPTER 75. CHILD WELFARE SERVICES
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
340:75-1-9 [AMENDED]
340:75-1-9.1 [NEW]
340:75-1-18 [AMENDED]
340:75-1-32 [NEW]
Subchapter 3. Child Protective Services
Part 1. Purpose, Definitions, and Hotline Protocol
340:75-3-110 [AMENDED]
340:75-3-120 [AMENDED]
340:75-3-300 [AMENDED]
Part 4. Specialized Investigative Protocols, Child Death or Near-Death Reporting Protocols
340:75-3-400 [AMENDED]
Subchapter 6. Permanency Planning
Part 1. General Provisions
340:75-6-1 [AMENDED]
Part 5. Permanency Planning Services
340:75-6-30 [AMENDED]
340:75-6-31.4 [AMENDED]
Part 8. Child Welfare Specialist Role
340:75-6-49 [AMENDED]
Part 11. Permanency Planning and Placement Services
340:75-6-85 [AMENDED]
340:75-6-89 [AMENDED]
Subchapter 7. Foster Home Care
Part 1. General Provisions
340:75-7-2 [AMENDED]
Part 2. Development of ResourcesResource Families [AMENDED]
340:75-7-10 [AMENDED]
340:75-7-10.1 [AMENDED]
340:75-7-12 [REVOKED}
340:75-7-14 [AMENDED]
340:75-7-15 [AMENDED]
340:75-7-18 [AMENDED]
340:75-7-19 [AMENDED]
340:75-7-24 [AMENDED]
Part 4. Roles and Responsibilities
340:75-7-37 [AMENDED]
340:75-7-37.1 [AMENDED]
340:75-7-41 [AMENDED]
Part 5. Eligibility and Payments
340:75-7-51 [AMENDED]
340:75-7-52 [AMENDED]
340:75-7-52.1 [AMENDED]
340:75-7-53 [AMENDED]
Part 6. FosterResource Home Care Support Services
340:75-7-65 [AMENDED]
Part 8. Resource Home Continuous Quality Assessment of a Resource Home
340:75-7-94 [AMENDED]
Part 25. Emergency Foster Care Program [REVOKED]
340:75-7-262 [REVOKED]
Part 27. Oklahoma Department of Human Services (DHS) Resource Family Partner (RFP) Foster Care Program
340:75-7-280 [AMENDED]
Part 28. Foster Parent Helpline,and Mediation, and Reports about the Oklahoma Department of Human Services (DHS) or Child-Placing Agency Employees [AMENDED]
340:75-7-290 [AMENDED]
Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services
Part 1. Therapeutic Foster Care
340:75-8-1 [AMENDED]
340:75-8-6 [AMENDED]
340:75-8-8 [AMENDED]
340:75-8-9 [AMENDED]
340:75-8-11 [AMENDED]
340:75-8-11.1 [AMENDED]
340:75-8-14 [AMENDED]
Subchapter 15. Adoptions
Part 2. Adoption Services Program Legal BaseAuthority and Scope of the Adoption Program
340:75-15-5 [AMENDED]
340:75-15-6 [AMENDED]
340:75-15-7 [AMENDED]
340:75-15-8 [NEW]
340:75-15-9 [AMENDED]
Part 6. Adoption Process
340:75-15-41.1 [AMENDED]
340:75-15-41.2 [NEW]
340:75-15-41.3 [NEW]
340:75-15-41.4 [NEW]
340:75-15-47 [AMENDED]
Part 10. Integrated Family Assessment and Preparation Process
340:75-15-82 [AMENDED]
340:75-15-84 [AMENDED]
340:75-15-84.1 [NEW]
340:75-15-87 [AMENDED]
340:75-15-88 [AMENDED]
340:75-15-89 [AMENDED]
340:75-15-91 [AMENDED]
Part 12. Adoption Placement Services
340:75-15-103 [AMENDED]
340:75-15-115 [NEW]
Part 14. Post-Adoption Placement Services
340:75-15-124 [AMENDED]
340:75-15-128 [AMENDED]
340:75-15-128.1 [AMENDED]
340:75-15-128.2 [AMENDED]
340:75-15-128.3 [AMENDED]
340:75-15-128.4 [AMENDED]
340:75-15-128.5 [AMENDED]
340:75-15-128.6 [AMENDED]
340:75-15-129 [AMENDED]
340:75-15-132 [AMENDED]
340:75-15-133 [AMENDED]
(Reference WF 17-21 and 18-12)
SUMMARY:
The proposed revisions to Chapter 75 Subchapter 1:(1) create a policy to address transportation of children and families; (2) remove a reference to the Commission for Human Services; (3)create a policy on program planning and evaluation per Senate Bill (SB) 727 (2017); and (4) amend the rule regarding dispositional hearing, options, and placement guidelines to reflect statutory changes per House Bill (HB) 2621 (2016).
The proposed revisions to Chapter 75 Subchapter 3:(1) amend the process for joint response with law enforcement to child abuse or neglect allegations; (2)add and revise definitions to child welfare policy per SBs 718 (2017) and 727 (2017) as well as establish a collaborative safety decision-making process; and (3) amend the rule regarding reports of child abuse and neglect with specialized protocols to comply with HB 2491 (2016) and SB 1370 (2016).
The proposed revisions to Chapter 75 Subchapter 6 amend child permanency planning rules to:(1) increase frequency of parent-child visitation; (2) update policy on the transportation of children and families; (3) reviseguidance on separating siblings in placement per SB 727 (2017); and (4) update permanent guardianship policy to comply with HBs 2431 (2016) and 2484 (2016).
The proposed revisions to Chapter 75 Subchapter 7 amend foster care rules to:(1) update definitions and requirements per House Bill (HB) 1078 (2015); (2) address maltreatment in out-of-home care; (3) include Pinnacle Plan requirements; (4) reflect the Foster Care and Adoptions re-organization and integration based on a resource model; and (5) update background check requirements for resource parents and alternate caregivers per SBs 717 (2017) and 723 (2017).
The proposed revisions to Chapter 75 Subchapter 8 amend therapeutic foster care (TFC) rules to reflect changes to TFC organizational structure, positions, and processes.
The proposed revisions to Chapter 75 Subchapter 15 amend adoptions policy to:(1) parallel the foster care policy revisions for easier comprehension and access;(2) revise background check requirements for adoptive parents per SBs 717 (2017) and 723 (2017); and (3) update adoption placement considerations to comply with HB 2621 (2016).Subchapter 1. General provisionsAdult Protective Services.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); Chapter 75 Subchapter 1:Indian Child Welfare Act 10 O.S. §§ 40 through 40.9; 10A O.S. §§ 1-2-105, 1-4-204, 1-4-705, 1-4-706, 1-4-707, 1-4-709, and 1-4-809; Oklahoma Children's Code, Article 1 of Title 10A of the Oklahoma Statutes; Titles IV-B, IV-E, V, VI, XIX, and XX of the Social Security Act, Multiethnic Placement Act of 1994 (MEPA), Interethnic Provisions of 1996 (IEP); Adoption and Safe Families Act of 1997 (42 U.S.C. §§ 621 through 629i), and Fostering Connections to Success and Increasing Adoptions Act of 2008.Chapter 75 Subchapter 3:10 O.S. §§ 401 through 441; 10A O.S. §§ 1-1-102, 1-1-105, 1-2-102, 1-2-105, 1-3-102, 1-4-101, 1-4-102, 1-4-201, 1-4-204, 1-4-306, 1-4-705, 1-4-806, 1-6-105, 1-4-709, 1-4-710, 1-4-711, 1-4-803, 1-4-804, 1-4-805, 1-4-807, 1-4-812, 1-7-103, 1-7-106, 1-7-107, 1-7-110, 1-9-112, and 1-9-119; 21 O.S. §§ 748, 748.2, 843.7, and 1040.13a; 42 U.S.C. § 671.Chapter 75 Subchapter 6:10 O.S. §§ 401 through 441; 10A O.S. §§ 1-1-102, 1-2-105, 1-4-101, 1-4-204, 1-4-705 through 1-4-707, 1-4-709, 1-4-710, 1-4-711, 1-4-803, 1-4-804, 1-4-805, 1-4-807, 1-4-811, 1-4-812, 1-7-103, 1-7-106, 1-7-107, 1-7-110, and 1-9-119; MEPA, IEP, Federal Indian Child Welfare Act 25 U.S.C. §§ 1901 et seq., 42 U.S.C. § 671(a)(31)), 42 U.S.C. § 673.Chapter 75 Subchapter 7:10 O.S. §§ 40 through 40.9, Oklahoma Child Care Facilities Licensing Act 10 O.S. §§ 401 et seq.; 10A O.S. §§ 1-1-102, 1-1-105, 1-4-204, 1-4-704, 1-4-705, 1-7-109, 1-7-111, 1-7-115, 1-9-106, 1-9-114, 1-9-118, and 1-9-119;21 O.S. §§ 692 and 1290.1 et seq.; 57 O.S. § 582; 68 O.S. § 2358.5-1; Titles IV-B and IV-E of the Social Security Act, MEPA, IEP, 18 U.S.C. § 16, 42 U.S.C. §§ 621 through 629i, 25 U.S.C. §§ 1901 et seq.; Section 901 et seq. of Title 28 of the Code of Federal Regulations (28 C.F.R. §§ 901 through 901.4), 45 C.F.R. §1356.21.Chapter 75 Subchapter 8:10A O.S. §§1-1-105, 1-2-101, 1-3-102, 1-6-102, 1-7-103, 1-7-105, 1-9-110, 1-9-119; MEPA, IEP.Chapter 75 Subchapter 15:10 O.S. §§ 40 through 40.9, 404.1, 405.3, 601.6, 7501-1.2, 7503-1.1, 7504-1.2, 7505-1.1, 7505-3.2, 7505-5.3,7505-5.4,7505-6.3, 7505-6.6, 7508-1.1 through 7508-1.3, 7510-1.3, 7510-2.1 through 7510-2.5, 7510-3.1 through 7510.3.3, and7700-102; 10A O.S. § 1-4-705, 1-4-706,1-4-812, 1-7-111; 21 O.S § 692; 57 O.S. § 582; Public Law 96-272, MEPA, IEP, 18 U.S.C. § 16, 25 U.S.C. §§ 1901 et seq., 42 U.S.C. §§ 621 through 629i, 42 U.S.C. § 671(a)(31), and Fostering Connections to Success and Increasing Adoptions Act of 2008; Title 45 of the Code of Federal Regulations (CFR) Parts 98 and 99, 45 C.F.R. §§1356.21 and 1356.40.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Jami Ledoux,Director
Child Welfare Services (CWS)
Date:December 18, 2017
Re:CHAPTER 75. CHILD WELFARE SERVICES
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
340:75-1-9 [AMENDED]
340:75-1-9.1 [NEW]
340:75-1-18 [AMENDED]
340:75-1-32 [NEW]
Subchapter 3. Child Protective Services
Part 1. Purpose, Definitions, and Hotline Protocol
340:75-3-110 [AMENDED]
340:75-3-120 [AMENDED]
340:75-3-300 [AMENDED]
Part 4. Specialized Investigative Protocols, Child Death or Near-Death Reporting Protocols
340:75-3-400 [AMENDED]
Subchapter 6. Permanency Planning
Part 1. General Provisions
340:75-6-1 [AMENDED]
Part 5. Permanency Planning Services
340:75-6-30 [AMENDED]
340:75-6-31.4 [AMENDED]
Part 8. Child Welfare Specialist Role
340:75-6-49 [AMENDED]
Part 11. Permanency Planning and Placement Services
340:75-6-85 [AMENDED]
340:75-6-89 [AMENDED]
Subchapter 7. Foster Home Care
Part 1. General Provisions
340:75-7-2 [AMENDED]
Part 2. Development of ResourcesResource Families [AMENDED]
340:75-7-10 [AMENDED]
340:75-7-10.1 [AMENDED]
340:75-7-12 [REVOKED}
340:75-7-14 [AMENDED]
340:75-7-15 [AMENDED]
340:75-7-18 [AMENDED]
340:75-7-19 [AMENDED]
340:75-7-24 [AMENDED]
Part 4. Roles and Responsibilities
340:75-7-37 [AMENDED]
340:75-7-37.1 [AMENDED]
340:75-7-41 [AMENDED]
Part 5. Eligibility and Payments
340:75-7-51 [AMENDED]
340:75-7-52 [AMENDED]
340:75-7-52.1 [AMENDED]
340:75-7-53 [AMENDED]
Part 6. FosterResource Home Care Support Services
340:75-7-65 [AMENDED]
Part 8. Resource Home Continuous Quality Assessment of a Resource Home
340:75-7-94 [AMENDED]
Part 25. Emergency Foster Care Program [REVOKED]
340:75-7-262 [REVOKED]
Part 27. Oklahoma Department of Human Services (DHS) Resource Family Partner (RFP) Foster Care Program
340:75-7-280 [AMENDED]
Part 28. Foster Parent Helpline,and Mediation, and Reports about the Oklahoma Department of Human Services (DHS) or Child-Placing Agency Employees [AMENDED]
340:75-7-290 [AMENDED]
Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services
Part 1. Therapeutic Foster Care
340:75-8-1 [AMENDED]
340:75-8-6 [AMENDED]
340:75-8-8 [AMENDED]
340:75-8-9 [AMENDED]
340:75-8-11 [AMENDED]
340:75-8-11.1 [AMENDED]
340:75-8-14 [AMENDED]
Subchapter 15. Adoptions
Part 2. Adoption Services Program Legal BaseAuthority and Scope of the Adoption Program
340:75-15-5 [AMENDED]
340:75-15-6 [AMENDED]
340:75-15-7 [AMENDED]
340:75-15-8 [NEW]
340:75-15-9 [AMENDED]
Part 6. Adoption Process
340:75-15-41.1 [AMENDED]
340:75-15-41.2 [NEW]
340:75-15-41.3 [NEW]
340:75-15-41.4 [NEW]
340:75-15-47 [AMENDED]
Part 10. Integrated Family Assessment and Preparation Process
340:75-15-82 [AMENDED]
340:75-15-84 [AMENDED]
340:75-15-84.1 [NEW]
340:75-15-87 [AMENDED]
340:75-15-88 [AMENDED]
340:75-15-89 [AMENDED]
340:75-15-91 [AMENDED]
Part 12. Adoption Placement Services
340:75-15-103 [AMENDED]
340:75-15-115 [NEW]
Part 14. Post-Adoption Placement Services
340:75-15-124 [AMENDED]
340:75-15-128 [AMENDED]
340:75-15-128.1 [AMENDED]
340:75-15-128.2 [AMENDED]
340:75-15-128.3 [AMENDED]
340:75-15-128.4 [AMENDED]
340:75-15-128.5 [AMENDED]
340:75-15-128.6 [AMENDED]
340:75-15-129 [AMENDED]
340:75-15-132 [AMENDED]
340:75-15-133 [AMENDED]
(Reference WF 17-21 and 18-12)
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 1:(1) create a policy to address transportation of children and families; (2) remove a reference to the Commission for Human Services; (3) create a policy on program planning and evaluation per Senate Bill (SB) 727 (2017); and (4) amend the rule regarding dispositional hearing, options, and placement guidelines to reflect statutory changes per House Bill (HB) 2621 (2016).
The proposed revisions to Chapter 75 Subchapter 3:(1) amend the process for joint response with law enforcement to child abuse or neglect allegations; (2) add and revise definitions to child welfare policy per SBs 718 (2017) and 727 (2017) as well as establish a collaborative safety decision-making process; and (3) amend the rule regarding reports of child abuse and neglect with specialized protocols to comply with HB 2491 (2016) and SB 1370 (2016).
The proposed revisions to Chapter 75 Subchapter 6 amend child permanency planning rules to:(1) increase frequency of parent-child visitation; (2) update policy on the transportation of children and families; (3) revise guidance on separating siblings in placement per SB 727 (2017); and (4) updatepermanent guardianship policy to comply with HBs 2431 (2016) and 2484 (2016).
The proposed revisions to Chapter 75 Subchapter 7 amend foster care rules to:(1) update definitions and requirements per House Bill (HB) 1078 (2015); (2) address maltreatment in out-of-home care; (3) include Pinnacle Plan requirements; (4) reflect the Foster Care and Adoptions re-organization and integration based on a resource model; and (5) update background check requirements for resource parents and alternate caregivers per SBs 717 (2017) and 723 (2017).
The proposed revisions to Chapter 75 Subchapter 8 amend therapeutic foster care (TFC) rules to reflect changes to TFC organizational structure, positions, and processes.
The proposed revisions to Chapter 75 Subchapter 15 amend adoptions policy to:(1) parallel the foster care policy revisions for easier comprehension and access; (2) revise background check requirements for adoptive parents per SBs 717 (2017) and 723 (2017); and (3) update adoption placement considerations to comply with HB 2621 (2016).
Strategic Plan Impact.
The proposed amendments for Chapter 75 Subchapter 1 achieve Oklahoma Department of Human Services (DHS) goals by establishing guidance for transporting children and families and providing guidance on program development and evaluation benefiting the children and youth served as well as directing staff, parents, and providers to appropriate policy on sibling placement.
The proposed amendments for Chapter 75 Subchapter 3 achieves DHS goals by refining child safety decision-making processes and clarifying the reporting process for child abuse and neglect with specialized protocols, which benefits children, parents, and staff.
The proposed amendments for Chapter 75 Subchapter 6 achieve DHS goals by providing clarity on guardianships and sibling separation for staff, children, parents, and placement providers working towards reunification, permanency, and improving child safety.
The proposed amendments for Chapter 75 Subchapter 7 achieve DHS goals by providing clarity and improving foster care processes for staff, parents, and placement providers working towards reunification, permanency, and improving child safety.
The proposed amendments for Chapter 75 Subchapter 8 achieve DHS goals by improving TFC services and accountability.
The proposed amendments to Chapter 75 Subchapter 15 achieve DHS goals by simplifying rule structure and directing staff and potential adoptive parents to appropriate policy.
Substantive changes.
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
Oklahoma Administrative Code (OAC) 340:75-1-9 is amended to delete reference to the Commission for Human Services that was abolished per implementation of House Joint Resolution 1092 (2012) following a vote of the people on State Question Number 765 (2012).
OAC 340:75-1-9.1 is created to address the SB 727 (2017) requirements that mandate program planning and evaluation and annual legislative placement reports on children and youth services.
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 (2016) and SB 727 (2017).
OAC 340:75-1-32 is created to provide clarity on the transportation of children and families for placement or community-based services by child welfare (CW) staff.
Subchapter 3. Child Protective Services
Part 1. Purpose, Definitions, and Hotline Protocol
OAC 340:75-3-110 is amended to update the process for CWS staff when asked by law enforcement to engage in a joint response to child abuse or neglect allegations.
OAC 340:75-3-120 is amended per SB 718 (2017) to include a definition for "children's emergency resource center" and per SB 727 (2017) to correct the definition for "trafficking in persons."
OAC 340:75-3-300 is amended to include protocol for child safety meetings per SB 727 (2017).
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 1. General Provisions
OAC 340:75-6-1 is amended to include reference to placement considerations for a child in DHS custody to comply with HB 2621 (2016).
Part 5. Permanency Planning Services
OAC 340:75-6-30 is amended to increase the frequency of parent-child visitation during the first 90-calendar days following a child's removal from his or her home.
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 340:75-6-49 is amended to delete incorrect statutory citation.
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85 is amended per SB 727 (2017) to update exceptions that permit sibling separation in placements.
OAC 340:75-6-89 is amended to include reference to new policy section on transportation of children and families.
Subchapter 7. Foster Home Care
Part 1. General Provisions
OAC 340:75-7-2 is amended to clarify foster care definition and add definitions for age-appropriate or developmentally-appropriate, reasonable and prudent parent standard, resource family partner, resource family assessment, respite care, written plan of compliance, and youth.
Part. 2. Development of ResourcesResource Families
OAC 340:75-7-10 is amended to reflect changes to diligent and targeted recruitment.
OAC 340:75-7-10.1 is created to amended to update:(1) resource parents requirements; and (2) the documents that are required with a resource parent application.
OAC 340:75-7-12 is revoked.
OAC 340:75-7-14 is amended to address inclusion of reasonable and prudent parent standard in resource parent training.
OAC 340:75-7-15 is amended per SBs 717 (2017) and 723 (2017) to mandate a search of the restricted registry, nontechnical services worker abuse registry, and community services worker registry for potential resource parent and adult household members.
OAC 340:75-7-18 is amended to update:(1) the items to consider when conducting an in-home assessment for the potential resource family; (2) the maximum number children permitted to live in a resource home; and (3) notification requirements for household changes.
OAC 340:75-7-19 is amended to update policy on joint use of licensed family child care home as a resource home.
OAC 340:75-7-24 is amended to provide clarification on the definition of kinship and kinship relationships suitable for placement of a child in DHS custody.
Part 4. Roles and Responsibilities
OAC 340:75-7-37 is amended to permit resource parents to use reasonable and prudent parenting standard in decision-making and clarify resource parent responsibilities.
OAC 340:75-7-37.1 is amended to update resource specialist's responsibilities to emphasize locating through diligent efforts safe, appropriate, and preferably kinship placements for a child in DHS custody.
OAC 340:75-7-41 is amended to strike language that was moved to other rules in foster care policy.
Part 5. Eligibility and Payments
OAC 340:75-7-51 is amended to clarify the process to address overpayment or underpayment of foster care maintenance payments.
OAC 340:75-7-52 is amended to clarify the foster care maintenance payments process and termination of the foster care contract.
OAC 340:75-7-52.1 is amended to clarify the option for a resource parent to become payee for an eligible child's Social Security benefit payment.
OAC 340:75-7-53 is amended to update the process that permits a resource parent to receive a difficulty of care payment for an eligible child.
Part 6. FosterResource Home Care Support Services
OAC 340:75-7-65 is amended to:(1) align child care subsidy policy with requirements in DHS Adult and Family Services policy; and (2) mandate search of restricted registry, nontechnical services worker abuse registry, and community services worker registry for alternate caregivers in resource homes, per SBs 717 (2017) and 723 (2017).
Part 8. Continuous Quality Assessment of a Resource Home
OAC 340:75-7-94 is amended to restructure re-assessment process and clarify closure process for a resource home.
Part 25. Emergency Foster Care Program [REVOKED]
OAC 340:75-7-262 is revoked because the program no longer exists.
Part 27. Oklahoma Department of Human Services (DHS) Resource Family Partner (RFP) Foster Care Program
OAC 340:75-7-280 is amended to update position title and responsibilities following foster care reorganization.
Part 28. Foster Parent Helpline,and Mediation, and Reports about the Oklahoma Department of Human Services (DHS) or Child-Placing Agency Employees
OAC 340:75-7-290 is amended to add adoptive services to the foster parent support center and include information about the foster care ombudsman.
Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services
Part 1. Therapeutic Foster Care
OAC 340:75-8-1 is amended to raise the minimum age for children eligible for therapeutic foster care (TFC) services from 3 to 4 years of age.
OAC 340:75-8-6 is amended to reflect changes to TFC program structure and position titles.
OAC 340:75-8-8 is amended to include a reference for participation in staffings on out-of-home child abuse and neglect referrals.
OAC 340:75-8-9 is amended to raise the minimum age for children eligible for TFC services from 3 to 4 years of age.
OAC 340:75-8-11 is amended to reflect changes to TFC program structure and position titles.
OAC 340:75-8-11.1 is amended to reflect changes to TFC placement approval process and contractor requirements to participate in CWS staffings on all out-of-home child abuse and neglect referrals as well as maintain a log of all investigations and screened-out referrals.
OAC 340:75-8-14 is amended to reflect changes to TFC program structure and position titles.
Subchapter 15. Adoptions
Part 2. Adoption Services Program Legal BaseAuthority and Scope of the Adoption Program
OAC 340:75-15-5 is amended to reorganize and consolidate statutory authority references.
OAC 340:75-15-6 is amended to restructure and simplify adoptions policy.
OAC 340:75-15-7 is amended to update definitions to address practice change following resource model implementation.
OAC 340:75-15-8 is created to establish adoption and resource staff responsibilities following resource model implementation.
OAC 340:75-15-9 is amended to reduce the time frame from 24 to 12 months for redaction of medical records and social history for sharing with potential adoptive parents, per HB 1887 (2017).
Part 6. Adoption Process
OAC 340:75-15-41.1 is amended to restructure the section to correspond to similar placement consideration language in foster care policy and direct staff to appropriate policy on placement preferences and guidance on sibling separation, per HB 2621 (2016) and SB 727 (2016).
OAC 340:75-15-41.2 is created to describe required adoption consultation
OAC 340:75-15-41.3 is created to establish adoption criteria staffing requirements.
OAC 340:75-15-41.4 is created to address trial adoptive placement.
OAC 340:75-15-47 is amended to update language for clarity.
Part 10. Integrated Family Assessment and Preparation Process
OAC 340:75-15-82 is amended to update adoptive family recruitment following resource model implementation.
OAC 340:75-15-84 is amended to restructure section to correspond to similar application process language in foster care policy.
OAC 340:75-15-84.1 is created to:(1) simplify finding background information search in adoptions policy; and (2) mandate a search of the restricted registry, nontechnical services worker abuse registry, and community services worker registry for potential adoptive parent and adult household members,per SBs 717 (2017) and 723 (2017).
OAC 340:75-15-87 is amended to streamline the process for assessing the adoptive applicant.
OAC 340:75-15-88 is amended to restructure the guidance for resource family assessment disposition.
OAC 340:75-15-89 and OAC 340:75-15-91 are amended to update practice language following resource model implementation.
Part 12. Adoption Placement Services
OAC 340:75-15-103 is amended to update practice language following resource model implementation.
OAC 340:75-15-115 creates a separate, easier to find section to address post-adoption relative contact.
Part 14. Post-Adoption Placement Services
OAC 340:75-15-124 and OAC 340:75-15-128 are amended to update practice language following resource model implementation.
OAC 340:75-15-128.1 is amended to clarify and update language on adoption assistance benefits.
OAC 340:75-15-128.2 is amended to update language on Title IV-E adoption assistance eligibility requirements.
OAC 340:75-15-128.3 is amended to update language on state-funded adoption assistance eligibility requirements.
OAC 340:75-15-128.4 through OAC 340:75-15-133 are amended to update practice language following resource model implementation.
Reasons.
Chapter 75 Subchapter 1:The proposed revisions memorialize program design and evaluation for children and youth services and consolidate transportation duties to make it easier for staff to find guidance on when to provide transportation for children and families.
Chapter 75 Subchapter 3:The proposed revisions clarify the decision-making process used to evaluate a child's safety at home, identify services to address family needs, and notification process on reports of child abuse and neglect.
Chapter 75 Subchapter 6:The proposed revisions provide clear and concise rules for CWS staff working to improve permanency outcomes for DHS custody children and update policy.
Chapter 75 Subchapter 7: The proposed revisions provide clear and concise rules for CWS staff following staff integration into a resource model structure within Foster Care and Adoptions and to improve outcomes for DHS custody children.
Chapter 75 Subchapter 8:The proposed revisions update rules to reflect TFC organizational changes.
Chapter 75 Subchapter 15:The proposed revisions align adoption rules with foster care rules following staff integration into a resource model structure within Foster Care and Adoptions and to improve outcomes for DHS custody children.
Repercussions.
Chapter 75 Subchapter 1:The proposed amendments are designed to provide guidance on DHS program and services design, consistency in making placement decisions, and guidance on transporting children and families thus improving outcomes for children and families.
Chapter 75 Subchapter 3:The proposed amendments are designed to provide consistency in conducting collaborative decision-making when evaluating child safety and sending notifications to military authorities on reports of child abuse or neglect thus improving outcomes for children and families.
Chapter 75 Subchapter 6:The proposed amendments are designed to create uniformity in policy application thus improving permanency outcomes for children in DHS custody.
Chapter 75 Subchapter 7: The proposed amendments are designed to create uniformity in policy application thus improving outcomes for children in DHS custody.
Chapter 75 Subchapter 8:The proposed modifications clarify TFC staff responsibilities thus improving outcomes for children in DHS custody.
Chapter 75 Subchapter 15:The proposed amendments are designed to create uniformity in policy application thus improving outcomes 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:Indian Child Welfare Act 10 O.S. §§ 40 through 40.9; 10A O.S. §§ 1-2-105, 1-4-204, 1-4-705, 1-4-706, 1-4-707, 1-4-709, and 1-4-809;
Oklahoma Children's Code, Article 1 of Title 10A of the Oklahoma Statutes; Titles IV-B, IV-E, V, VI, XIX, and XX of the Social Security Act, Multiethnic Placement Act of 1994 (MEPA), Interethnic Provisions of 1996 (IEP); Adoption and Safe Families Act of 1997 (42 U.S.C. §§ 621 through 629i), and Fostering Connections to Success and Increasing Adoptions Act of 2008.
Chapter 75 Subchapter 3:10 O.S. §§ 401 through 441; 10A O.S. §§ 1-1-102, 1-1-105, 1-2-102, 1-2-105, 1-3-102, 1-4-101, 1-4-102, 1-4-201, 1-4-204, 1-4-306, 1-4-705, 1-4-806, 1-6-105, 1-4-709, 1-4-710, 1-4-711, 1-4-803, 1-4-804, 1-4-805, 1-4-807, 1-4-812, 1-7-103, 1-7-106, 1-7-107, 1-7-110, 1-9-112, and 1-9-119; 21 O.S. §§ 748, 748.2, 843.7, and 1040.13a; 42 U.S.C. § 671.
Chapter 75 Subchapter 6:10 O.S. §§ 401 through 441; 10A O.S. §§ 1-1-102, 1-2-105, 1-4-101, 1-4-204, 1-4-705 through 1-4-707, 1-4-709, 1-4-710, 1-4-711, 1-4-803, 1-4-804, 1-4-805, 1-4-807, 1-4-811, 1-4-812, 1-7-103, 1-7-106, 1-7-107, 1-7-110, and 1-9-119; MEPA, IEP, Federal Indian Child Welfare Act 25 U.S.C. §§ 1901 et seq., 42 U.S.C. § 671(a)(31)), 42 U.S.C. § 673.
Chapter 75 Subchapter 7:10 O.S. §§ 40 through 40.9, Oklahoma Child Care Facilities Licensing Act 10 O.S. §§ 401 et seq.; 10A O.S. §§ 1-1-102, 1-1-105, 1-4-204, 1-4-704, 1-4-705, 1-7-109, 1-7-111, 1-7-115, 1-9-106, 1-9-114, 1-9-118, and 1-9-119;21 O.S. §§ 692 and 1290.1 et seq.; 57 O.S. § 582; 68 O.S. § 2358.5-1; Titles IV-B and IV-E of the Social Security Act, MEPA, IEP, 18 U.S.C. § 16, 42 U.S.C. §§ 621 through 629i, 25 U.S.C. §§ 1901 et seq.; Section 901 et seq. of Title 28 of the Code of Federal Regulations (28 C.F.R. §§ 901 through 901.4), 45 C.F.R. §1356.21.
Chapter 75 Subchapter 8:10A O.S. §§1-1-105, 1-2-101, 1-3-102, 1-6-102, 1-7-103, 1-7-105, 1-9-110, 1-9-119; MEPA, IEP.
Chapter 75 Subchapter 15:10 O.S. §§ 40 through 40.9, 404.1, 405.3, 601.6, 7501-1.2, 7503-1.1, 7504-1.2, 7505-1.1, 7505-3.2, 7505-5.3,7505-5.4,7505-6.3, 7505-6.6, 7508-1.1 through 7508-1.3, 7510-1.3, 7510-2.1 through 7510-2.5, 7510-3.1 through 7510.3.3, and7700-102; 10A O.S. § 1-4-705, 1-4-706,1-4-812, 1-7-111; 21 O.S § 692; 57 O.S. § 582;Public Law 96-272, MEPA, IEP, 18 U.S.C. § 16, 25 U.S.C. §§ 1901 et seq., 42 U.S.C. §§ 621 through 629i, 42 U.S.C. § 671(a)(31), and Fostering Connections to Success and Increasing Adoptions Act of 2008; Title 45 of the Code of Federal Regulations (CFR) Parts 98 and 99, 45 C.F.R. §§1356.21 and 1356.40.
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 1:The classes of persons most likely to be affected by the proposed amendments are CWS staff, children, and families.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 amendments are CWS staff, children, and families.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 amendments are CWS staff, foster parents, parents, group homes, 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 amendments 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 amendments are TFC providers and CWS staff.The affected classes bear no costs associated with implementation of the rule.
Chapter 75 Subchapter 15:The classes of persons most likely to be affected by the proposed amendments are CWS staff, adoptive parents, parents, and children in DHS custody.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 1:The classes of persons who will benefit from the proposed rules are CWS staff, children, and families.
Chapter 75 Subchapter 3:The classes of persons who will benefit from the proposed rules are CWS staff, children, and families.
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 CWS staff, TFC providers, and children in DHS custody.
Chapter 75 Subchapter 15:The classes of persons who will benefit are CWS staff, foster parents, parents, and children in DHS custody.
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:Travel reimbursement costs associated with OAC 340:75-7-65 could increase and DHS has sufficient appropriation and federal funding to pay for any increased costs.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 CWS 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 thus delaying services to persons who are in need and placing children at risk.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared June 1, 2017; Modified December 7, 2017.
