Skip to main content

COMMENT DUE DATE:  

September 7, 2020

DATE: 

August 27, 2020

Shirley Russell, Policy Liaison 405-521-2881

Dena Thayer, Programs Administrator 405-693-6542

Nancy Kelly, Policy Specialist 405-522-6703

RE:  

Non-APA WF 20-C

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  Non-APA .  This proposal is not subject to Administrative Procedures Act

It is important that you provide your comments regarding the draft copy of rules by the comment due date.Comments are directed to *STO.LegalServices.Policy@okdhs.org.

SUBJECT:CHAPTER 75. CHILD WELFARE SERVICES ITS ONLY

Subchapter 1. General Provisions of Child Welfare Services

Part 1. Scope and Applicability

OAC 340:75-1-16 [AMENDED]

OAC 340:75-1-22 [AMENDED]

OAC 340:75-1-29 [AMENDED]

Part 7. Interstate Compact for the Placement of Children

OAC 340:75-1-86 [AMENDED]

Part 15. Child Welfare Specialist Training

OAC 340:75-1-231 through OAC 340:75-1-232 [AMENDED]

OAC 340:75-1-240 [AMENDED]

Subchapter 3. Child Protective Services

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

OAC 340:75-3-120 through OAC 340:75-3-130 [AMENDED]

Part 2. Investigative Protocols

OAC 340:75-3-200 [AMENDED]

Part 3. Child Safety Evaluation Criteria and Procedure

OAC 340:75-3-300 [AMENDED]

Part 4. Specialized Investigative Protocols, Child Death or Near-Death Reporting Protocols

OAC 340:75-3-400 [AMENDED]

OAC 340:75-3-410 [AMENDED]

OAC 340:75-3-460 [AMENDED]

Part 5. Investigative Findings and Appeals

OAC 340:75-3-520 [AMENDED]

Subchapter 4. Family-Centered and Community Services

Part 1. Family-Centered Services

OAC 340:75-4-12.1 [AMENDED]

Subchapter 6. Permanency Planning

Part 5. Permanency Planning Services

OAC 340:75-6-31 [AMENDED]

OAC 340:75-6-31.3 [AMENDED]

Part 7. Family and Child Individualized Service Planning Components

OAC 340:75-6-40 [AMENDED]

OAC 340:75-6-40.3 through OAC 340:75-6-40.5 [AMENDED]

OAC 340:75-6-44 through OAC 340:75-6-46 [AMENDED]

Part 11. Permanency Planning and Placement Services

OAC 340:75-6-85 [AMENDED]

OAC 340:75-6-85.5 [AMENDED]

Subchapter 7. Foster Home Care

Part 2. Development of Resource Families

OAC 340:75-7-15 through OAC 340:75-7-18 [AMENDED]

OAC 340:75-7-24 [AMENDED]

Part 4. Roles and Responsibilities

OAC 340:75-7-37.1 [AMENDED]

Part 8. Resource Home Continuous Quality Assessment

OAC 340:75-7-94 [AMENDED]

Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services

Part 1. Therapeutic Foster Care

OAC 340:75-8-9 [AMENDED]

OAC 340:75-8-12 [AMENDED]

Subchapter 11. Child Welfare Community-Based Residential Care

Part 17. Contracted Community-Based Residential Care Providers

OAC 340:75-11-233 [AMENDED]

OAC 340:75-11-238 [AMENDED]

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

Part 2. Title IV-E Eligibility and Reimbursability

OAC 340:75-13-17 [AMENDED]

Part 7. Medical Services

OAC 340:75-13-74 through OAC 340:75-13-75 [AMENDED]

Subchapter 15. Adoptions

Part 2. Adoption Services Program, Legal Authority, and Scope

OAC 340:75-15-8 [AMENDED]]

(WF 20-C)

SUMMARY:

CHAPTER 75. CHILD WELFARE SERVICES

Subchapter 1. General Provisions of Child Welfare Services (CWS)

Part 1. Scope and Applicability

OAC 340:75-1-16 Instructions to Staff (ITS) are amended to delineate the child welfare (CW) specialist's responsibilities when appearing at an emergency custody hearing.

OAC 340:75-1-22 ITS are amended to correct a form name.

OAC 340:75-1-29 ITS are amended to change the time frame for conducting an initial meeting and clarify the Child Protective Services investigation or assessment secondary case responsibility.

Part 7. Interstate Compact for the Placement of Children (ICPC)

OAC 340:75-1-86 ITS are amended to clarify the forms and reports required for ICPC parent home study.

Part 15. Child Welfare Specialist Training

OAC 340:75-1-231 ITS are amended to update the training websites and CORE training process.

OAC 340:75-1-232 ITS are amended to update which trainings are approved for credit, hazardous weather guidance, and training schedules.

OAC 340:75-1-240 ITS are amended to clarify that Master of Social Work degree scholarships are awarded by the University of Oklahoma.

Subchapter 3. Child Protective Services

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

OAC 340:75-3-120 ITS are amended to include additional abandonment, abuse, and threat of harmexamples, as well as child safety meetings, inadequate or dangerous shelter, and vulnerable child guidance.

OAC 340:75-3-130 ITS are amended to provide district office guidance on after hours referrals andthe referral process for certain conditions; criteria for screening reports for newborns; and additional accepted report designations.

Part 2. Investigative Protocols

OAC 340:75-3-200 ITS are amended to update guidance regarding access to a registered sex offender.

Part 3. Child Safety Evaluation Criteria and Procedure

OAC 340:75-3-300 ITS are amended to update guidance on child safety; remove all references to immediate protective action plan; and outline interactions with the district attorney after presenting an imminent safety threat that does not result in pursuit of protective or emergency custody.

Part 4. Specialized Investigative Protocols, Child Death or Near-Death Reporting Protocols

OAC 340:75-3-400 ITS are amended to include reference to section on child abuse report acceptance criteria.

OAC 340:75-3-410 ITS are amended to address conducting an abuse investigation when a child formerly in OKDHS custody and in out-of-home care does not report until after turning 18 years of age.

OAC 340:75-3-460 ITS are amended to update guidance on completing a child death or near-death investigation to include a child maltreatment review.

Part 5. Investigative Findings and Appeals

OAC 340:75-3-520 ITS are amended to include a process to handle emergency or temporary guardianship obtained during a CPS investigation or assessment.

Subchapter 4. Family-Centered and Community Services

Part 1. Family-Centered Services

OAC 340:75-4-12.1 ITS are amended to clarify the length of a safety plan and when family-centered services are appropriate for a substantiated finding with a safe determination.

Subchapter 6. Permanency Planning

Part 5. Permanency Planning Services

OAC 340:75-6-31 ITS are amended to correct a form number.

OAC 340:75-6-31.3 ITS are amended to change "family team meeting" to "family meeting."

Part 7. Family and Child Individualized Service Planning Components

OAC 340:75-6-40 ITS are amended to correct a form number.

OAC 340:75-6-40.3 and 340:75-6-40.4 ITS are amended to delete references to family functional assessment and update with assessment of child safety.

OAC 340:75-6-40.5 ITS are amended to delineate the child welfare (CW) specialist's responsibilities when making recommendations to the court regarding case disposition.

OAC 340:75-6-44 and OAC 340:75-6-45 ITS are amended to delete references to family functional assessment and update with assessment of child safety.

OAC 340:75-6-46 ITS are amended to remove outdated information.

Part 11. Permanency Planning and Placement Services

OAC 340:75-6-85 ITS are amended to update guidance on sibling placement and connections.

OAC 340:75-6-85.5 ITS are amended to delete references to family functional assessment and update with assessment of child safety.

Subchapter 7. Foster Home Care

Part 2. Development of Resource Families

OAC 340:75-7-15 ITS are amended to update website links and criminal military history searches.

OAC 340:75-7-18 ITS are updated to require clear documentation of safety concerns and risks when denying relative placement.

OAC 340:75-7-24 ITS are amended to delineate resource specialist responsibilities when notifying the court of denying relative placement.

Part 4. Roles and Responsibilities

OAC 340:75-7-37.1 ITS are amended to include guidance for resource specialist when attending court.

Part 8. Resource Home Continuous Quality Assessment

OAC 340:75-7-94 ITS are amended to remove references to resource home reassessments and add guidance on resource alerts.

Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services

Part 1. Therapeutic Foster Care

OAC 340:75-8-9 ITS and 340:75-8-12 ITS are amended to update therapeutic foster care placement processes.

Subchapter 11. Child Welfare Community-Based Residential Care

Part 17. Contracted Community-Based Residential Care Providers

OAC 340:75-11-233 ITS and 340:75-11-238 ITS are amended to include family-style living programs.

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

Part 2. Title IV-E Eligibility and Reimbursability

OAC 340:75-13-17 ITS are amended to correct labeling.

Part 7. Medical Services

OAC 340:75-13-74 ITS are amended to update medical card replacement guidance.

OAC 340:75-13-75 ITS are amended to update form requirements and unit title.

Subchapter 15. Adoptions

Part 2. Adoption Services Program, Legal Authority, and Scope

OAC 340:75-15-8 ITS are amended to include guidance for an adoption specialist when attending court.