Skip to main content

COMMENT DUE DATE:  

February 14, 2020

DATE: 

January 15, 2020

Shirley Russell Child Welfare Services 405-521-2881

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

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

RE:  

APA WF 20-75

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  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 amendments are permanent.


A public hearing is scheduled for 10:00 a.m. on February 24, 2020, 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]

Subchapter 3. Child Protective Services

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

340:75-3-120 [AMENDED]

340:75-3-140 [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]

Part 5. Investigative Findings and Appeals

340:75-3-530 [AMENDED]

Subchapter 4. Family-Centered and Community Services

Part 1. Family-Centered Services

340:75-4-12.1 [AMENDED]

Subchapter 6. Permanency Planning

Part 1. General Provisions

340:75-6-4 [AMENDED]

Part 5. Permanency Planning Services

340:75-6-31.1 [AMENDED]

340:75-6-31.4 [AMENDED]

Part 7. Family and Child Individualized Service Planning Components

340:75-6-40.1 [AMENDED]

340:75-6-40.3 [AMENDED]

340:75-6-40.9 [AMENDED]

Part 11. Permanency Planning and Placement Services

340:75-6-85.2 [AMENDED]

Part 13. Successful Adulthood

340:75-6-110 [AMENDED]

Subchapter 7. Foster Home Care

Part 1. General Provisions

340:75-7-2 [AMENDED]

Part 2. Development of Resource Families

340:75-7-14 through 340:75-7-15 [AMENDED]

340:75-7-19 [AMENDED]

340:75-7-24 [AMENDED]

Part 5. Eligibility and Payments

340:75-7-52.1 [AMENDED]

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

340:75-8-6 [AMENDED]

340:75-8-8 [AMENDED]

340:75-8-11 through 340:75-8-11.1 [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 13. Other Child Welfare Services and Medical Services for Children in Out-Of-Home Care

Part 1. Eligibility for Substitute Care Services and Claims for Payment

340:75-13-7 through 340:75-13-8 [AMENDED]

Part 2. Title IV-E Eligibility and Reimbursability

340:75-13-13 [AMENDED]

Part 3. Income and Resources of the Child

340:75-13-28 through 340:75-13-30 [AMENDED]

Part 7. Medical Services

340:75-13-61 through 340:75-13-64 [AMENDED]

340:75-13-80 [AMENDED]

340:75-13-82 [AMENDED]

Subchapter 14. Well-Being

340:75-14-1 [AMENDED]

340:75-14-2 [NEW]

340:75-14-3 [AMENDED]

340:75-14-4 [NEW]

Subchapter 15. Adoptions

Part 2. Adoption Services Program Legal Authority and Scope

340:75-15-7 [AMENDED]

Part 10. Family Assessment and Preparation Process

340:75-15-84.1 [AMENDED]

Part 14. Post-Adoption Services

340:75-15-128.2 [AMENDED]

(Reference WFs 19-01, 19-04, and 20-75)

SUMMARY:

The proposed amendment to Chapter 75 Subchapter 1 amends the rule to include updated authorizations granted under Family First Prevention Services Act and achieves the Oklahoma Department of Human Services (DHS) goals by updating federal authorizations, which benefit children, parents, and staff.

The proposed amendments to Chapter 75 Subchapter 3:(1) clarifies examples presented in the eligibility criteria are not an exhaustive list and achieves DHS goals by providing clarity on appeals of substantiated findings of child abuse and neglect to benefit children, parents, and staff; (2) 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 (3) update guidance on human trafficking and victims, per Senate Bill (SB) 1005 (2018); and (4) require child abuse and neglect history searches for court-appointed special advocates (CASA), per Senate Bill (SB) 722 (2019).

The proposed amendment to Chapter 75 Subchapter 4 amends meeting process to align with permanency planning revisions and achieves DHS goals by updating family meetings (previously family team meetings) to align with permanency planning rules, which benefits children, parents, service providers, and staff.

The proposed amendments to Chapter 75 Subchapter 6:(1) clarify the purpose and process for family meetings (FMs) and assessment of child safety (AOCS) and achieve DHS goals by ensuring consistency in conducting FMs and assessing child safety, which benefits children, parents, placement providers, and staff; (2) update "sibling" definition to comply with federal regulations, per HB 3104 (2018); (3) implement Pinnacle Plan strategy to move more children to permanency; (4) 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; (5) guardianship prohibition in HB 1036 (2019); (6) time frames for due diligence search for kin and any tribal connection per HB 1074 (2019); and (7) least restrictive placement in SB 1993 (2019).

The proposed amendments to Chapter 75 Subchapter 7:(1) clarify optional foster care training; (2) add intensive treatment foster care (ITFC); (3) remove military history background check requirement; (4) clarify timeframe for optional foster care maintenance and benefit payments and achieve DHS goals by simplifying resource parent requirements and guidance in applying foster care rules, which benefit children, parents, placement providers, and staff; and (5) 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 8:(1) update therapeutic foster care (TFC) rules to include references to the statement of a child's rights, TFC home recruitment, and respite care and achieve DHS goals by updating rules to comply with other program rules and state statutes which benefit children, placement providers, and staff; and (2) 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 the 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 13 amend rules to reflect administrative re-organization, business processes, and Social Security changes and achieve DHS goals by recognizing CWS organizational and business process changes, which benefits children, parents, placement providers, and staff.

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; (3) update screenings and functional assessment requirements for children in DHS custody.

The proposed amendments to Chapter 75 Subchapter 15 amend:(1) adoption rules to remove military service personnel background information search requirement and include ITFC in definitions and achieve DHS goals by ensuring consistency when assessing background information to benefit children, placement providers, and staff; and (2) eligibility for adoption assistance, per P.L. 115-123, the Family First Prevention Services Act.

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 1:10A O.S. §§ 1-1-105 et seq.; Titles IV-B, IV-E, V, VI, XIX, and XX of the Social Security Act, as amended by the Multiethnic Placement Act of 1994, Interethnic Provisions of 1996, Adoption and Safe Families Act of 1997, Fostering Connections to Success and Increasing Adoptions Act of 2008, and Family First Prevention Services Act, P.L. 115-123.

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, 1-2-108, 1-2-109, 1-3-102, 1-4-102, 1-4-201, 1-4-203, 1-4-204, 1-4-205, 1-4-806, 1-6-105, and 1-8-102; 21 O.S. §§ 748, 748.2, and 1040.13a; 22 §§ 20 and 60.14; 30 O.S. § 2-101; 70 O.S. § 10-106; and42 United States Code (U.S.C.) § 671; Child Abuse Prevention and Treatment Act (CAPTA), Section 5101 et seq. of Title 42 U.S.C.

Chapter 75 Subchapter 4:10A O.S. § 1-7-112.

Chapter 75 Subchapter 6:10 O.S. §§ 40.6, 7700-102 and 7700-204; 10A O.S. §§ 1-1-102, 1-1-105, 1-4-101, 1-4-105, 1-4-203, 1-4-204, 1-4-704, 1-4-705; 1-4-709 through 1-4-711, 10A O.S. §§ 1-4-810; 1-4-811, 1-4-901, 1-4-902, 1-4-904, 1-4-906 through 1-4-908, and 1-7-106, 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 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; Section 471(a)(29) of Title IV-E of the Social Security Act 42 U.S.C. § 671(a)(29), and 42 U.S.C. 673(d)(3).

Chapter 75 Subchapter 7:10A O.S. §§ 1-1-102, 1-1-105, 1-4-204, 1-4-705; 1-7-109, 1-7-111, 1-7-115, 1-9-106, and 1-9-119; 18 O.S. § 16; 21 O.S. § 692; 57 O.S. § 582; 68 O.S. § 2358.5-1; Section 901 et seq. of Title 28 of the Code of Federal Regulations (C.F.R.), Multiethnic Placement Act of 1994, Interethnic Provisions of 1996, Adoption and Safe Families Act of 1997, Fostering Connections to Success and Increasing Adoptions Act of 2008, and Family First Prevention Services Act, Public Law 115-123.

Chapter 75 Subchapter 8:10A O.S. §§ 1-1-105, 1-2-101, 1-3-102, 1-6-102, 1-7-105, 1-9-119, and 1-9-119.1; 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 13:10A O.S. § 1-7-103; Title IV-E §§ 472 and 1615 of the Social Security Act; Omnibus Reconciliation Act of 1981, P.L. 97-35.

Chapter 75 Subchapter 14:10A §§ 1-1-105, 1-7-105 1-9-107, and 1-9-119.1; and 42 U.S.C. §§ 672 and 675.

Chapter 75 Subchapter 15:10 O.S. §§ 7501-1.1 et seq.; 10A O.S. § 1-4-705; 1-7-111; 21 O.S. § 692; 57 O.S. § 582; 18 U.S.C. 16; and 42 § U.S.C. 673; and 45 C.F.R. § 1356.30.

Rule Impact Statement

To:Programs administrator

Legal Services - Policy

From:Deborah Shropshire,Director

Child Welfare Services (CWS)

Date:December 13, 2019

Re:TITLE 340. DEPARTMENT OF HUMAN SERVICES

CHAPTER 75. CHILD WELFARE SERVICES

Subchapter 3. Child Protective Services

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

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

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 Senate Bill (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 protocolsthat 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. Part 1. Purpose, Definitions, and Child Abuse and Neglect 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.

Permanent rulemaking approval is requested to comply with:(1) federal regulations and deadlines to avoid violation of Public Law (P.L.) 115-123, the Family First Prevention Services Act, which amends Title IV-E of the Social Security Act; House Bills (HB) 2552 and 3104 (2018); and Senate Bill (SB) 1005 (2018); and (2) the DHS Pinnacle Plan strategies to move more children to permanency preventing serious prejudice to the public interest.The Governor approved as emergency rules on April 9, 2019.

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; modified December 13, 2019.

Rule Impact Statement

To:Programs administrator

Legal Services - Policy

From:Deborah Shropshire, Director

Child Welfare Services (CWS)

Date:December 13, 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

Permanent rulemaking approval is requested. Emergency rulemaking is currently in process for the rules listed in this Rule Impact Statement.

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 sthan $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 proposedamendments.

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 13, 2019.

Rule Impact Statement

To:Programs administrator

Legal Services - Policy

From:Deborah Shropshire, Director

Child Welfare Services (CWS)

Date:December 13, 2019

Re:CHAPTER 75. CHILD WELFARE SERVICES

Subchapter 1. General Provisions of Child Welfare Services

Part 1. Scope and Applicability

340:75-1-9 [AMENDED]

Subchapter 3. Child Protective Services

Part 5. Investigative Findings and Appeals

340:75-3-530 [AMENDED]

Subchapter 4. Family-Centered and Community Services

Part 1. Family-Centered Services

340:75-4-12.1 [AMENDED]

Subchapter 6. Permanency Planning

Part 5. Permanency Planning Services

340:75-6-31.1 [AMENDED]

Part 7. Family and Child Individualized Service Planning Components

340:75-6-40.3 [AMENDED]

Subchapter 7. Foster Home Care

Part 1. General Provisions

340:75-7-2 [AMENDED]

Part 2. Development of Resource Families

340:75-7-14 through 340:75-7-15 [AMENDED]

340:75-7-19 [AMENDED]

340:75-7-24 [AMENDED]

Part 5. Eligibility and Payments

340:75-7-52.1 [AMENDED]

Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services

Part 1. Therapeutic Foster Care

340:75-8-6 [AMENDED]

340:75-8-11 through 340:75-8-11.1 [AMENDED]

Subchapter 13. Other Child Welfare Services and Medical Services for Children in Out-Of-Home Care

Part 1. Eligibility for Substitute Care Services and Claims for Payment

340:75-13-7 through 340:75-13-8 [AMENDED]

Part 2. Title IV-E Eligibility and Reimbursability

340:75-13-13 [AMENDED]

Part 3. Income and Resources of the Child

340:75-13-28 through 340:75-13-30 [AMENDED]

Part 7. Medical Services

340:75-13-61 through 340:75-13-64 [AMENDED]

340:75-13-80 [AMENDED]

340:75-13-82 [AMENDED]

Subchapter 15. Adoptions

Part 2. Adoption Services Program Legal Authority and Scope

340:75-15-7 [AMENDED]

Part 10. Family Assessment and Preparation Process

340:75-15-84.1 [AMENDED]

(Reference WF 20-75)

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 1 amends the rule to include updated authorizations granted under Family First Prevention Services Act.

The proposed amendment to Chapter 75 Subchapter 3 clarifies examples presented in the eligibility criteria are not an exhaustive list.

The proposed amendment to Chapter 75 Subchapter 4 amends meeting process to align with permanency planning revisions.

The proposed amendments to Chapter 75 Subchapter 6 clarify the purpose and process for family meetings (FMs) and assessment of child safety (AOCS).

The proposed amendments to Chapter 75 Subchapter 7:(1) clarify optional foster care training; (2) add intensive treatment foster care (ITFC); (3) remove military history background check requirement; and (4) clarify timeframe for optional foster care maintenance and benefit payments.

The proposed amendments to Chapter 75 Subchapter 8 update therapeutic foster care (TFC) rules to include references to the statement of a child's rights, TFC home recruitment, and respite care.

The proposed amendments to Chapter 75 Subchapter 13 amend rules to reflect administrative re-organization, business processes, and Social Security changes.

The proposed amendments to Chapter 75 Subchapter 15 amend adoption rules to remove military service personnel background information search requirement and include ITFC in definitions.

Strategic Plan Impact.

The proposed amendment to Chapter 75 Subchapter 1 achieves the Oklahoma Department of Human Services (DHS) goals by updating federal authorizations, which benefit children, parents, and staff.

The proposed amendment to Chapter 75 Subchapter 3 achieves DHS goals by providing clarity on appeals of substantiated findings of child abuse and neglect to benefit children, parents, and staff.

The proposed amendment to Chapter 75 Subchapter 4 achieves DHS goals by updating family meetings (previously family team meetings) to align with permanency planning rules, which benefits children, parents, service providers, and staff.

The proposed amendments to Chapter 75 Subchapter 6 achieve DHS goals by ensuring consistency in conducting FMs and assessing child safety which benefit children, parents, placement providers, and staff.

The proposed amendments to Chapter 75 Subchapter 7 achieve DHS goals by simplifying resource parent requirements and guidance in applying foster care rules, which benefit children, parents, placement providers, and staff.

The proposed amendments to Chapter 75 Subchapter 8 achieve DHS goals by updating rules to comply with other program rules and state statutes which benefit children, placement providers, and staff.

The proposed amendments to Chapter 75 Subchapter 13 achieve DHS goals by recognizing CWS organizational and business process changes which benefit children, parents, placement providers, and staff.

The proposed amendments to Chapter 75 Subchapter 15 achieve DHS goals by ensuring consistency when assessing background information to benefit children, placement providers, and staff.

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 update citations for federal authority to administer a child welfare program.

Subchapter 3. Child Protective Services

Part 5. Investigative Findings and Appeals

OAC 340:75-3-530 is amended to clarify eligibility criteria for requesting an appeal of a substantiated finding of child abuse and neglect.

Subchapter 4. Family-Centered and Community Services

Part 1. Family-Centered Services

OAC 340:75-4-12.1 is amended to correctly name the family meeting process.

Subchapter 6. Permanency Planning

Part 5. Permanency Planning Services

OAC 340:75-6-31.1 is amended to clarify the FMs purpose.

Part 7. Family and Child Individualized Service Planning Components

OAC 340:75-6-40.3 is amended to streamline permanency assessment by deleting family functional assessment and focusing on AOCS.

Subchapter 7. Foster Home Care

Part 1. General Provisions

OAC 340:75-7-2 is amended to include references to the Family First Prevention Services Act and ITFC definition.

Part 2. Development of Resource Families

OAC 340:75-7-14 is amended to remove the Resource Unit's authority to approve individual training curriculum for resource parents with scheduling conflicts or disability.

OAC 340:75-7-15 is amended to:(1) remove the requirement to obtain military criminal history on active service members when conducting a background information search on resource parent applicants; and (2) update notification requirements when a new household member moves into a resource home.

OAC 340:75-7-19 is amended to remove joint use of a CWS adoptive home as a traditional resource home.

OAC 340:75-7-24 is amended to clarify that a kinship applicant is only eligible for a money payment instead of a maintenance payment when the child has lived with the applicant continuously for at least nine months.

Part 5. Eligibility and Payments

OAC 340:75-7-52.1 is amended to clarify the requirements for a resource parent to become the payee for a child's Social Security benefit payment.

Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services

Part 1. Therapeutic Foster Care

OAC 340:75-8-6 is amended to insert the policy cite for the rights of a child in DHS custody.

OAC 340:75-8-11 is amended to simplify respite care requirements.

OAC 340:75-8-11.1 is amended to place time limits on a child's placement in coordinated foster care in a TFC home.

Subchapter 13. Other Child Welfare Services and Medical Services for Children in Out-Of-Home Care

Part 1. Eligibility for Substitute Care Services and Claims for Payment

OAC 340:75-13-7 is amended to update form numbers.

OAC 340:75-13-8 is amended so the language corresponds with requirements in OAC 340:75-7-52 regarding case responsibility for children attending the Schools for the Deaf and Blind.

Part 2. Title IV-E Eligibility and Reimbursability

OAC 340:75-13-13 is amended to correct a rule citation.

Part 3. Income and Resources of the Child

OAC 340:75-13-28 is amended to update process for submitting an application for and transfer of Social Security and Veterans Affairs benefits.

OAC 340:75-13-29 is amended to update the process for submitting an application for a child eligible to receive Supplemental Security Income.

OAC 340:75-13-30 is amended to update the process for establishing a special needs trust.

Part 7. Medical Services

OAC 340:75-13-61 is amended to clarify when a child in DHS custody and out-of-home placement is referred to Medicaid (SoonerCare) and for a Title IV-E eligibility determination.

OAC 340:75-13-62 is amended to clarify how to apply for medical services for a child living in his or her own home.

OAC 340:75-13-63 and 340:75-13-64 are amended to reflect name changes to CWS financial and administrative unit.

OAC 340:75-13-80 is amended to extend the age from 21 to 26 years of age that a former foster child is eligible to receive SoonerCare when still in DHS custody at 18 years of age

OAC 340:75-13-82 is amended to extend limited reimbursement for funeral and burial expenses to a child who has a terminal medical diagnosis at the time of adoption finalization.

Subchapter 15. Adoptions

Part 2. Adoption Services Program Legal Authority and Scope

OAC 340:75-15-7 is amended to update citations in adoption definitions.

Part 10. Family Assessment and Preparation Process

OAC 340:75-15-84.1 is amended to remove the requirement to obtain military criminal history on active service members when conducting background information searches on adoptive applicants.

Reasons.

Chapter 75 Subchapter 1:The proposed amendment updates the ruleto note changes to federal statutory authorization.

Chapter 75 Subchapter 3:The proposed amendment clarifies existing rule on appeals of substantiated findings.

Chapter 75 Subchapter 4:The proposed amendment aligns existing rule with permanency planning process changes.

Chapter 75 Subchapter 6:The proposed amendments clarify family meeting purpose and streamline permanency process for CWS staff working to improve permanency outcomes for children in DHS custody.

Chapter 75 Subchapter 7:The proposed amendments update rules on military service personnel background information search.

Chapter 75 Subchapter 8:The proposed amendments update rules to reflect policy changes to permanency planning and foster care.

Chapter 75 Subchapter 13:The proposed amendments update rules to reflect CWS administrative reorganization and changes to business processes.

Chapter 75 Subchapter 15:The proposed amendments update rules on military service personnel background information search and annual assessments.

Repercussions.

Chapter 75 Subchapter 1:The proposed amendment provides uniformity in policy application improving outcomes for children in DHS custody.

Chapter 75 Subchapter 3:The proposed amendment clarifies existing rule on appeals of substantiated findings improving outcomes for children and families.

Chapter 75 Subchapters 4, 6, 7, 8, 13, and 15: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 1:10A O.S. §§ 1-1-105 et seq.; Titles IV-B, IV-E, V, VI, XIX, and XX of the Social Security Act, as amended by the Multiethnic Placement Act of 1994, Interethnic Provisions of 1996, Adoption and Safe Families Act of 1997, Fostering Connections to Success and Increasing Adoptions Act of 2008, and Family First Prevention Services Act, Public Law 115-123.

Chapter 75 Subchapter 3:Child Abuse Prevention and Treatment Act (CAPTA), Section 5101 et seq. of Title 42 of the United States Code.

Chapter 75 Subchapter 4:10A O.S. § 1-7-112.

Chapter 75 Subchapter 6:10A O.S. § 1-4-810.

Chapter 75 Subchapter 7:10A O.S. §§ 1-1-102, 1-1-105, 1-4-204, 1-4-705; 1-7-109, 1-7-111, 1-7-115, and 1-9-106; 18 O.S. § 16; 21 O.S. § 692; 57 O.S. § 582; 68 O.S. § 2358.5-1; Section 901 et seq. of Title 28 of the Code of Federal Regulations (C.F.R.), Multiethnic Placement Act of 1994, Interethnic Provisions of 1996, Adoption and Safe Families Act of 1997, Fostering Connections to Success and Increasing Adoptions Act of 2008, and Family First Prevention Services Act, Public Law 115-123.

Chapter 75 Subchapter 8:10A O.S. §§ 1-1-105, 1-2-101, 1-3-102, 1-6-102, 1-7-105, 1-9-119, and 1-9-119.1.

Chapter 75 Subchapter 13:10A O.S. § 1-7-103; Title IV-E, §§ 472 and 1615 of the Social Security Act; Omnibus Reconciliation Act of 1981, Public Law 97-35.

Chapter 75 Subchapter 15:10 O.S. §§ 7501-1.1 et seq.; 10A O.S. § 1-4-705; 1-7-111; 57 O.S. § 582; and 45 C.F.R. § 1356.30.

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 amendment 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 amendment are CWS staff, children, and families.The affected classes bear no costs associated with the implementation of the rules.

Chapter 75 Subchapter 4: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, 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 Subchapter 7:The classes of persons most likely to be affected by the proposed amendments are CWS staff, resource applicants, and placement providers.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 CWS staff 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 15:The classes of persons most likely to be affected by the proposed amendments are CWS staff and adoptive 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 Subchapters 1, 3, 4: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 Subchapter 7:The classes of persons who will benefit are CWS staff, resource applicants, placement providers, 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 13: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 families, 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 bo 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 December 13, 2019.