COMMENT DUE DATE:
March 11, 2019
DATE:
March 1, 2019
Shirley Russell, Child Welfare Services 405-521-2881
Dena Thayer, Programs Administrator 405-521-4396
Nancy Kelly, Policy Specialist 405-522-6703
RE:
APA WF 19-01
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 STO.LegalServices.Policy@okdhs.org. The proposed policy is emergency.
SUBJECT: CHAPTER 75. CHILD WELFARE SERVICES
Subchapter 3. Child Protective Services
Part 1. Purpose, Definitions, and Hotline
340:75-3-120 [AMENDED]
Part 3. Child Safety Evaluation Criteria and Procedure
340:75-3-300 [AMENDED]
Part 4. Specialized Investigative Protocols, Child Death or Near-Death Reporting Protocols
340:75-3-400 [AMENDED]
340:75-3-450 [AMENDED]
Subchapter 6. Permanency Planning
Part 1. General Provisions
340:75-6-4 [AMENDED]
Part 5. Permanency Planning Services
340:75-6-31.4 [AMENDED]
Part 13. Successful Adulthood
340:75-6-110 [AMENDED]
Subchapter 14. Well-Being [NEW]
340:75-14-2 [NEW]
340:75-14-4 [NEW]
Subchapter 15. Adoptions
Part 14. Post-Adoption Services
340:75-15-128.2 [AMENDED]
(Reference WF 19-01)
SUMMARY:
The proposed amendments to Chapter 75 Subchapter 3: (1) address changes to federal policy on fetal alcohol syndrome and development of plans of safe care for drug-endangered infants, per House Bill (HB) 3104 (2018); and (2) update guidance on human trafficking and victims, per SB 1005 (2018).
The proposed amendments to Chapter 75 Subchapter 6 amend child permanency planning rules to: (1) update "sibling" definition to comply with federal regulations per HB 3104 (2018); (2) implement Pinnacle Plan strategy to move more children to permanency; and (3) comply with deadlines and requirements of Public Law (P.L.) 115-123, the Family First Prevention Services Act, regarding essential documents for foster youth aging out of care.
The proposed creation of Chapter 75 Subchapter 14 policy is to: (1) memorialize the statement of foster child rights per HB 2552 (2018); and (2) comply with deadlines and requirements of P.L. 115-123, the Family First Prevention Services Act, regarding maintaining a child's placement with a parent receiving substance abuse services at a family-based residential facility.
The proposed amendment to Chapter 75 Subchapter 15 amends eligibility for adoption assistance, per P.L. 115-123, the Family First Prevention Services Act.
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 3: 10 O.S. §§ 175.20 and 402; 10A O.S. §§ 1-1-102, 1-1-105, 1-2-101, 1-2-102, 1-2-105, 1-2-109, 1-3-102, 1-4-102, 1-4-201, 1-4-203, 1-4-204, 1-4-205, 1-4-806, and 1-6-105; 21 O.S. §§ 748, 748.2, and 1040.13a; 22 §§ 20 and 60.14; 70 O.S. § 10-106; and 42 U.S.C. § 671.
Chapter 75 Subchapter 6: 10 O.S. §§ 7700-102 and 7700-204; 10A O.S. §§ 1-1-102, 1-1-105, 1-4-101, 1-4-705; 1-4-709 through 1-4-711, 1-9-107; 43 O.S. §§ 118 and 119; 70 O.S. §§ 2601 et seq. and 3230; The Foster Care Independence Act of 1999 enacted as part of Public Law (P.L.) 106-169; 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.
Chapter 75 Subchapter 14: 10A §§ 1-7-105 and 1-9-119.1; and 42 U.S.C. §§ 672 and 675.
Chapter 75 Subchapter 15: 21 O.S. § 692; 18 U.S.C. 16; and 42 § U.S.C. 673.
Rule Impact Statement
To:Programs administrator
Legal Services - Policy
From:Millie Carpenter,Interim Director
Child Welfare Services (CWS)
Date:February 28, 2019
Re:TITLE 340. DEPARTMENT OF HUMAN SERVICES
CHAPTER 75. CHILD WELFARE SERVICES
Subchapter 3. Child Protective Services
Part 1. Purpose, Definitions, and Hotline
340:75-3-120 [AMENDED]
Part 3. Child Safety Evaluation Criteria and Procedure
340:75-3-300 [AMENDED]
Part 4. Specialized Investigative Protocols, Child Death or Near-Death Reporting Protocols
340:75-3-400 [AMENDED]
340:75-3-450 [AMENDED]
Subchapter 6. Permanency Planning
Part 1. General Provisions
340:75-6-4 [AMENDED]
Part 5. Permanency Planning Services
340:75-6-31.4 [AMENDED]
Part 13. Successful Adulthood
340:75-6-110 [AMENDED]
Subchapter 14. Well-Being [NEW]
340:75-14-2 [NEW]
340:75-14-4 [NEW]
Subchapter 15. Adoptions
Part 14. Post-Adoption Services
340:75-15-128.2 [AMENDED]
(Reference WF 19-01)
Contact:Shirley Russell, Policy Programs Administrator, 405-521-2881
A.Brief description of the purpose of the proposed rule.
Purpose.
The proposed amendments to Chapter 75 Subchapter 3:(1) address changes to federal policy on fetal alcohol syndrome and development of plans of safe care for drug-endangered infants, per House Bill (HB) 3104 (2018); and (2) update guidance on human trafficking and victims, per SB 1005 (2018).
The proposed amendments to Chapter 75 Subchapter 6 amend child permanency planning rules to:(1) update "sibling" definition to comply with federal regulations per HB 3104 (2018); (2) implement Pinnacle Plan strategy to move more children to permanency; and (3) comply with deadlines and requirements of Public Law (P.L.) 115-123, the Family First Prevention Services Act, regarding essential documents for foster youth aging out of care.
The proposed creation of Chapter 75 Subchapter 14 policy is to:(1) memorialize the statement of foster child rights per HB 2552 (2018); and (2) comply with deadlines and requirements of P.L. 115-123, the Family First Prevention Services Act, regarding maintaining a child's placement with a parent receiving substance abuse services at a family-based residential facility.
The proposed amendment to Chapter 75 Subchapter 15 amends eligibility for adoption assistance, per P.L. 115-123, the Family First Prevention Services Act.
Strategic Plan Impact.
The proposed amendments for Chapter 75 Subchapter 3 achieve DHS goals by refining child safety decision-making processes and clarifying the reporting process for child abuse and neglect with specialized protocols that benefits children, parents, and staff.
The proposed amendments for Chapter 75 Subchapter 6 achieve DHS goals by providing clarity on guardianships, sibling separation, and youth aging out of foster care for parents, staff, and placement providers working towards permanency.
The proposed creation of Chapter 75 Subchapter 14 achieves DHS goals by issuing policy that delineates the rights of foster children, which benefits children, staff, and placement providers.
The proposed amendment for Chapter 75 Subchapter 15 achieves DHS goals by amending policy to reflect eligibility requirements for adoption assistance that benefits children and adoptive parents.
Substantive changes.
Subchapter 3. Child Protective Services
Part 1. Purpose, Definitions, and Hotline Protocol
Oklahoma Administrative Code (OAC) 340:75-3-120 is amended to update the definition for "sibling" and adds a definition for "plan of safe care," per HB 3104 (2018).
Part 3. Child Safety Evaluation Criteria and Procedure
OAC 340:75-3-300 is amended to reflect protocol changes regarding child victims of human trafficking, per SB 1005 (2018).
Part 4. Specialized Investigative Protocols, Child Death or Near-Death Reporting Protocols
OAC 340:75-3-400 is amended to reflect protocol changes regarding child victims of human trafficking, per SB 1005 (2018).
OAC 340:75-3-450 is amended to reflect changes in terminology regarding fetal alcohol spectrum disorder, per HB 3104 (2018).
Subchapter 6. Permanency Planning Services
Part 1. General Provisions
OAC 340:75-6-4 is amended to include updated definition for "sibling," per HB 3104 (2018).
Part 5. Permanency Planning Services
OAC 340:75-6-31.4 is amended to move more children to permanency per Pinnacle Plan strategy.
Part 13. Successful Adulthood
OAC 340:75-6-110 is amended to reflect new interpretation of federal policy regarding eligibility for youth development funds for children 16 and older aging out of the foster care without finding permanency and additions to the list of essential documents for children aging out of foster care.
Subchapter 14. Well-Being
OAC 340:75-14-2 is created to acknowledge the statement of foster child rights and dissemination of information of those rights to foster children and resource parents, per HB 2552 (2018).
OAC 340:75-14-4 is created to establish a foster care maintenance payment structure for placement of a foster child with a parent receiving substance abuse services in a residential family-based facility, per P.L. 115-123, the Family First Prevention Services Act.
Subchapter 15. Adoptions
340:75-15-128.2 is amended to reflect changes to eligibility for federal adoption assistance, per Public Law 115-123, the Family First Prevention Services Act.
Reasons.
Chapter 75 Subchapter 3:The proposed amendments update definitions and child trafficking policy to correspond to statutory changes imposed by the 2018 Legislature.
Chapter 75 Subchapter 6: The proposed amendments address federal and state statutory changes that impact Title IV-E State Plan and funding.
Chapter 75 Subchapter 14: The proposed amendments address the establishment of a new subchapter to guide staff and placement providers when providing for a child's well-being.
Chapter 75 Subchapter 15:The proposed amendment updates policy regarding adoption assistance for foster children following adoption.
Repercussions.
Chapter 75 Subchapter 3:The proposed amendments provide uniformity in policy application improving outcomes for children in DHS custody.
Chapter 75 Subchapter 6: The proposed amendments are designed to create uniformity in policy application improving permanency outcomes for children in DHS custody.
Chapter 75 Subchapter 14: The proposed amendments are designed to create uniformity in policy application improving outcomes for children in DHS custody.
Chapter 75 Subchapter 15:The proposed amendment is designed to create uniformity in policy application 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 3:10 O.S. §§ 175.20 and 402; 10A O.S. §§ 1-1-102, 1-1-105, 1-2-101, 1-2-102, 1-2-105, 1-2-109, 1-3-102, 1-4-102, 1-4-201, 1-4-203, 1-4-204, 1-4-205, 1-4-806, and 1-6-105; 21 O.S. §§ 748, 748.2, and 1040.13a; 22 §§ 20 and 60.14; 70 O.S. § 10-106; and42 U.S.C. § 671.
Chapter 75 Subchapter 6:10 O.S. §§ 7700-102 and 7700-204; 10A O.S. §§ 1-1-102, 1-1-105, 1-4-101, 1-4-705; 1-4-709 through 1-4-711, 1-9-107; 43 O.S. §§ 118 and 119; 70 O.S. §§ 2601 et seq. and 3230; The Foster Care Independence Act of 1999 enacted as part of Public Law (P.L.) 106-169; 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.
Chapter 75 Subchapter 14:10A §§ 1-7-105 and 1-9-119.1; and 42 U.S.C. §§ 672 and 675.
Chapter 75 Subchapter 15:21 O.S. § 692; 18 U.S.C. 16; and 42 § U.S.C. 673.
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 3: The classes of persons most likely to be affected by the proposed amendments are Child Welfare Services (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, and children involved in permanency cases. The affected classes bear no costs associated with the implementation of the rules.
Chapter 75 Subchapter 14: 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 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 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, and children involved in permanency cases.
Chapter 75 Subchapter 14: The classes of persons who will benefit are CWS staff, foster parents, parents, and children in DHS custody.
Chapter 75 Subchapter 15:The classes of persons who will benefit are CWS staff, adoptive 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 amendments do not have an economic impact on the affected entities.There are no fee changes associated with the amendments.
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 amendments 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 amendments.
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 amendments clarifies and updates the 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 amendments 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 October 22, 2018; modified February 28, 2019.
