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COMMENT DUE DATE:  

December 23, 2019

DATE: 

December 11, 2019

Shirley Russell, Child Welfare Services 405-521-2881

Nancy Kelly, Legal Services - Policy 405-522-6703

Dena Thayer, Legal Services - Policy, Programs Administrator 405-521-4326

RE:  

APA WF 19-04

It is very 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 .  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 Child Abuse and Neglect Hotline Protocol

340:75-3-140 [AMENDED]

Subchapter 6. Permanency Planning

Part 5. Permanency Planning Services

340:75-6-31.4 [AMENDED]

Part 7. Family and Child Individualized Service Planning Components

340:75-6-40.1 [AMENDED]

340:75-6-40.9 [AMENDED]

Part 11. Permanency Planning and Placement Services

340:75-6-85.2 [AMENDED]

Subchapter 7. Foster Home Care

Part 6. Resource Home Support Services

340:75-7-65 [AMENDED]

Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services

Part 1. Therapeutic Foster Care

340:75-8-8 [AMENDED]

Subchapter 11. Child Welfare Community-Based Residential Care

Part 17. Contracted Community-Based Residential Care Providers

340:75-11-230 [AMENDED]

Part 25. Non-funded and Funded Contracted Level B Placements

340:75-11-300 through 340:75-11-301 [AMENDED]

Subchapter 14. Well-being

340:75-14-1 [AMENDED]

340:75-14-3 [AMENDED]

(Reference WF 19-04)

SUMMARY:

The proposed amendment to Chapter 75 Subchapter 3 amends the rule to require child abuse and neglect history searches for court-appointed special advocates (CASA), per Senate Bill (SB) 722 (2019).

The proposed amendments to Chapter 75 Subchapter 6 address: (1) guardianship prohibition in House Bill (HB) 1036 (2019); (2) time frames for due diligence search for kin and any tribal connection, per HB 1074 (2019); and (3) least restrictive placement in SB 1993 (2019).

The proposed amendments to Chapter 75 Subchapters 7 and 8 make therapeutic foster care (TFC) homes eligible for child care subsidy to improve TFC new home recruitment and meet Pinnacle Plan Metric 2.B target.

The proposed amendments to Chapter 75 Subchapter 11 update rule to include definitions for "family-style living program," per HB 1993 (2019), and "qualified residential treatment program," per SB318.

The proposed amendments to Chapter 75 Subchapter 14 update screenings and functional assessment requirements for children in the custody of the Oklahoma Department of Human Services (DHS).

EMERGENCY APPROVAL:Emergency rulemaking is requested to comply with 2019 legislation and the Pinnacle Plan.

LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162).

Chapter 75 Subchapter 3:10A O.S. §§ 1-2-108 and 1-8-102; 30 O.S. § 2-101.

Chapter 75 Subchapter 6:10 O.S. § 40.6; 10A O.S. §§ 1-4-105, 1-4-203, 1-4-204, 1-4-704, 1-4-705, 1-4-709, 1-4-710, 1-4-811, 1-4-901, 1-4-902, 1-4-904, 1-4-906 through 1-4-908, and 1-7-106; Section 471(a)(29) of Title IV-E of the Social Security Act (42 United States Code (U.S.C.) § 671(a)(29)), 42 U.S.C. 673(d)(3).

Chapter 75 Subchapter 7:10A O.S. § 1-9-119; 68 O.S. § 2358.5-1.

Chapter 75 Subchapter 8:Multiethnic Placement Act of 1994 and the Interethnic Provisions of 1996.

Chapter 75 Subchapter 11:10A O.S. §§ 1-1-105, 1-7-103, and 1-9-110.

Chapter 75 Subchapter 14:  10A O.S. §§ 1-1-105 and 1-9-107

Rule Impact Statement

To:Programs administrator

Legal Services - Policy

From:Deborah Shropshire, Director

Child Welfare Services (CWS)

Date:December 11, 2019

Re:CHAPTER 75. CHILD WELFARE SERVICES

Subchapter 3. Child Protective Services

Part 1. Purpose, Definitions, and Child Abuse and Neglect Hotline Protocol

340:75-3-140 [AMENDED]

Subchapter 6. Permanency Planning

Part 5. Permanency Planning Services

340:75-6-31.4 [AMENDED]

Part 7. Family and Child Individualized Service Planning Components

340:75-6-40.1 [AMENDED]

340:75-6-40.9 [AMENDED]

Part 11. Permanency Planning and Placement Services

340:75-6-85.2 [AMENDED]

Subchapter 7. Foster Home Care

Part 6. Resource Home Support Services

340:75-7-65 [AMENDED]

Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services

Part 1. Therapeutic Foster Care

340:75-8-8 [AMENDED]

Subchapter 11. Child Welfare Community-Based Residential Care

Part 17. Contracted Community-Based Residential Care Providers

340:75-11-230 [AMENDED]

Part 25. Non-funded and Funded Contracted Level B Placements

340:75-11-300 [AMENDED]

340:75-11-301 [AMENDED]

Subchapter 14. Well-being

340:75-14-1 [AMENDED]

340:75-14-3 [AMENDED]

(Reference WF 19-04)

Contact:Shirley Russell, Policy Programs Administrator, 405-521-2881

A.Brief description of the purpose of the proposed rule:

The proposed amendment to Chapter 75 Subchapter 3 amends the rule to require child abuse and neglect history searches for court-appointed special advocates (CASA), per Senate Bill (SB) 722 (2019).

The proposed amendments to Chapter 75 Subchapter 6 address: (1) guardianship prohibition in House Bill (HB) 1036 (2019); (2) time frames for due diligence search for kin and any tribal connection per HB 1074 (2019); and (3) least restrictive placement in SB 1993 (2019).

The proposed amendments to Chapter 75 Subchapters 7 and 8 make therapeutic foster care (TFC) homes eligible for child care subsidy to improve TFC new home recruitment and meet Pinnacle Plan Metric 2.B target.

The proposed amendments to Chapter 75 Subchapter 11 update rule to include definitions for "family-style living program" per HB 1993 (2019) and "qualified residential treatment program" per SB318.

The proposed amendments to Chapter 75 Subchapter 14 update screenings and functional assessment requirements for children in the custody of the Oklahoma Department of Human Services (DHS).

Strategic Plan Impact.

The proposed amendment to Chapter 75 Subchapter 3 achieves the DHS goals by ensuring CASA volunteers are appropriately evaluated, which benefits children, parents, and staff.

The proposed amendments to Chapter 75 Subchapter 6 achieve DHS goals by helping children reach permanency safely and timely.

The proposed amendments to Chapter 75 Subchapters 7 and 8 achieve DHS goals by improving TFC home recruitment, which benefits children, parents, and staff.

The proposed amendments to Chapter 75 Subchapter 11 achieve DHS goals by identifying the placements that are family-style living programs, which benefits children, placement providers, and staff.

The proposed amendments to Chapter 75 Subchapter 14 achieve DHS goals by ensuring child screenings and assessments are conducted, which benefits children, parents, placement providers, and staff.

Substantive changes.

Subchapter 3. Child Protective Services

Part 1. Purpose, Definitions, and Child Abuse and Neglect Hotline Protocol

Oklahoma Administrative Code (OAC) 340:75-3-140 is amended to require child abuse and neglect (CAN) information searches be conducted on CASA volunteers and local program employees, per SB 722 (2019).

Subchapter 6. Permanency Planning

Part 5. Permanency Planning Services

OAC 340:75-6-31.4 is amended to prohibit a parent whose parental rights were terminated from being recommended by DHS as a permanent guardian to his or her child, per HB1036 (2019).

Part 7. Family and Child Individualized Service Planning Components

OAC 340:75-6-40.1 is amended to require an explanation for why a child's out-of-home placement in the least restrictive available, per HB 1993 (2019).

OAC 340:75-6-40.9 is amended to ensure that:(1) a parent whose parental rights were terminated loses the right to apply as a permanent guardian to his or her child; and (2) DHS is required to provide the Oklahoma State Department of Health with information that identifies all individuals who had their parental rights terminated, per HB1036 (2019).

Part 11. Permanency Planning and Placement Services

OAC 340:75-6-85.2 is amended to ensure DHS:(1) verifies within three month if the Indian Child Welfare Act applies to a child in DHS custody; and (2) completes within three months, a due diligent search for a child's kin and relatives, per HB 1074 (2019).

Subchapter 7. Foster Home Care

Part 6. Resource Home Support Services

OAC 340:75-7-65 is amended to permit authorization of a TFC home to receive child care subsidy.

Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services

Part 1. Therapeutic Foster Care

OAC 340:75-8-8 is amended to permit authorization of a TFC home to receive child care subsidy.

Subchapter 11. Child Welfare Community-Based Residential Care

Part 17. Contracted Community-Based Residential Care Providers

OAC 340:75-11-230 is amended to include definitions for "family-style living program" and "qualified residential treatment program."

Part 25. Non-funded and Funded Contracted Level B Placements

OAC 340:75-11-300 and 340:75-11-301 are amended to address family-like living programs in contracted Level B placement requirements, per HB 1993 (2019).

Subchapter 14. Well-being

OAC 340:75-14-1 is amended to include statutory reference authorizing child screenings and functional assessments, per HB 1075 (2019).

OAC 340:75-14-3 is amended to establish a 21-calendar day timeframe for conducting screenings following a child's entering DHS custody, per HB1075 (2019).

Reasons.

Chapter 75 Subchapter 3:The proposed amendment updates the rule on CAN history searches.

Chapter 75 Subchapter 6:The proposed amendments update permanency planning rules to reflect statutory changes regarding guardianship and diligent search.

Chapter 75 Subchapters 7 and 8:The proposed amendments update rules regarding child care subsidy for TFC homes.

Chapter 75 Subchapter 11:The proposed amendments update rules to address Level B group homes.

Chapter 75 Subchapter 14:The proposed amendments update rules to address child screenings and assessments.

Repercussions.

Chapter 75 Subchapter 3:The proposed amendment adds additional background requirement for CASA volunteers thus improving child safety.

Chapter 75 Subchapters 6, 7, 8, 11, and 14:The proposed amendments provide 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 3:10A O.S. §§ 1-2-108 and 1-8-102; 30 O.S. § 2-101.

Chapter 75 Subchapter 6:10 O.S. § 40.6; 10A O.S. §§ 1-4-105, 1-4-203, 1-4-204, 1-4-704, 1-4-705, 1-4-709, 1-4-710, 1-4-811, 1-4-901, 1-4-902, 1-4-904, 1-4-906 through 1-4-908, and 1-7-106; Section 471(a)(29) of Title IV-E of the Social Security Act (42 United States Code (U.S.C.) § 671(a)(29)), 42 U.S.C. 673(d)(3).

Chapter 75 Subchapter 7:10A O.S. § 1-9-119; and 68 O.S. § 2358.5-1.

Chapter 75 Subchapter 8:Multiethnic Placement Act of 1994 and the Interethnic Provisions of 1996.

Chapter 75 Subchapter 11:10A O.S. §§ 1-1-105, 1-7-103, and 1-9-110.

Chapter 75 Subchapter 14:10A O.S. §§ 1-1-105 and 1-9-107

Emergency rulemaking approval is requested to comply with 2019 legislation and the Pinnacle Plan.

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 amendment 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, parents, resource parents, placement providers, and children involved in permanency cases.The affected classes bear no costs associated with the implementation of the rules.

Chapter 75 Subchapters 7 and 8:The classes of persons most likely to be affected by the proposed amendments are CWS staff, TFC applicants, and TFC providers.The affected classes bear no costs associated with the implementation of the rules.

Chapter 75 Subchapter 13:The classes of persons most likely to be affected by the proposed amendments are CWS staff, children, parents, and placement providers.The affected classes bear no costs associated with implementation of the rule.

Chapter 75 Subchapter 14:The classes of persons most likely to be affected by the proposed amendments are CWS staff, children, placement providers, and resource homes.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 are CWS staff, children, and families.

Chapter 75 Subchapter 6:The classes of persons who will benefit are CWS staff, foster parents, parents, placement providers, and children involved in permanency cases.

Chapter 75 Subchapters 7 and 8:The classes of persons who will benefit are CWS staff, TFC applicants, TFC providers, and children in DHS custody.

Chapter 75 Subchapter 13:The classes of persons who will benefit are CWS staff, foster parents, parents, and children in DHS custody.

Chapter 75 Subchapter 14:The classes of persons who will benefit are CWS staff, families, resource parents, placement providers, 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, separate justification for each fee change:The proposed amendments do not have an economic impact on the affected entities.

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 proposed amendments will result in enhanced delivery of services to positively impact placement providers, 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 amendments 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:  Less costly, non-regulatory, or less intrusive methods are not available 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 proposed amendments clarifies and updates 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, delaying services to persons in need and placing children at risk.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared September 24, 2019; modified December 11, 2019.

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