COMMENT DUE DATE:
November 13, 2007
DATE:
October 30, 2007
Caprice Tyner CFSD (918) 588-1750
Dena Thayer PMU Manager (405) 521-4326
Dena Thayer PMU Manager (405) 521-4326
RE:
APA WF 07-24
The proposed policy is Emergency . This proposal will go to the Commission meeting on
CHAPTER 75. CHILD WELFARE
Subchapter 1. General Provisions
Part 7. Interstate Compact on the Placement of Children
340:75-1-86 [Amended]
340:75-6-48 [Instructions to Staff Only Revised]
(Reference APA WF 07-24)
SUMMARY:The proposed revisions to Subchapter 1of Chapter 75amend the rules to bring the rules into compliance with the Federal Safe and Timely Interstate Placement of Foster Children Act of 2006 and provide clarification of definitions and procedures for the interstate placement of children.
340:75-1-86 is amended to: (1) clarify the purpose of the Interstate Compact on the Placement of Children (ICPC); (2) re-position information from Instructions to Staff to rule to clarify definitions and types of placements, and exceptions to the ICPC; and (3) detail ICPC home study time frames.
340:75-1-86 ITS is amended to: (1) delete language that was moved to rule; (2) clarify time frames for ICPC home studies and decision-making; (3) delete erroneous time frame for ICPC placement supervision prior to case dismissal; (4) clarify face-to-face contact by agency caseworker of the receiving state must occur no less than every 6 months; (5) clarify procedures for relative and foster home studies; (6) direct that the Children and Family Services Division (CFSD) ICPC case is destroyed twelve months after case closure; and (7) update form numbers.
340:75-6-48 ITS only is amended to clarify the use of new contact guides and addendums for use during contact with children.
EMERGENCY APPROVAL:Emergencyrulemaking approval is requested as OKDHS finds compelling public interest tobring OKDHS rules into compliance with Federal regulations.
AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Federal Safe and Timely Interstate Placement of Foster Children Act of 2006.
To:Dena Thayer, Programs Manager
Policy Management Unit
From:Linda Smith, Director
Children and Family Services Division
Date:August 9, 2007
Re:Chapter 75 – Child Welfare
Subchapter 1. General Provisions
Part 7. Interstate Compact on the Placement of Children
340:75-1-86 [Amended]
(Reference APA WF )
Contact:Caprice Tyner, 918-794-7538
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 1of Chapter 75amend the rules to bring the rules into compliance with the Federal Safe and Timely Interstate Placement of Foster Children Act of 2006 and provide clarification of definitions and procedures for the interstate placement of children.
Strategic Plan impact.The proposed rules achieve OKDHS goals byproviding services that support and strengthen the family and protect its members.
Substantive changes.
340:75-1-86 is amended to 1) clarify the purpose of the Interstate Compact on the Placement of Children (ICPC); 2) re-position information from Instructions to Staff to rule to clarify definitions and types of placements, and exceptions to the ICPC; and 3) detail ICPC home study time frames.
Reasons.The proposed revisions will expedite the interstate placement home study process by requiring assessments and decision-making within acceptable time frames and will allow OKDHS to be in compliance with federal regulations.
Repercussions. The proposed rules provide clarification and compliance with federal guidelines.If the proposed revisions are not implemented, OKDHS will not be incompliance with the Safe and Timely Interstate Placement of Foster Children Act of 2006.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution and Federal Safe and Timely Interstate Placement of Foster Children Act of 2006.
Emergency rulemaking approval is requested as OKDHS finds compelling public interest tobring OKDHS rules into compliance with Federal regulations.
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: The classes of persons most likely to be affected by the proposed rules are children in need of interstate placements. The affected classes of persons will bear no costs associated with implementation of the rules.
C.A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are children in need of interstate placements and family members willing to accept the children into their homes.
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: The revised rules do not have an economic impact on the affected entities. There are no fee changes associated with the revised rules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.The revised rules will result in enhanced delivery of services to children in need of interstate placements and their families.
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 non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly or nonregulatory methods or less intrusive methods for complying with federal mandates.
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 rules will bring the rules into compliance with federal law, which will have a positive impact on the health, safety, and well-being of children in need of interstate placements and their families.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed rules are not implemented, rules will not be in compliance with federal regulations and interstate placements of children may be delayed.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared October 22, 2008.
SUBCHAPTER 1. GENERAL PROVISIONS OF CHILD WELFARE SERVICES
PART 7. INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
340:75-1-86. Scope and applicability Interstate Compact on the Placement of Children
(a) Purpose.The Interstate Compact on the Placement of Children (ICPC) is a means to ensure protection and services to children who are placed across state lines.It establishes orderly procedures for the interstate placement of children and fixes responsibility for those involved in placing the child.
(b) Legal base.The Interstate Compact on the Placement of Children (ICPC) is an agreement that has been adopted by all state legislatures and is consistent with constitutional law.The legal basis for the compact is found in Article I, Section 10, Clause 3 of the United States Constitution and Section 571 of Title 10 of the Oklahoma Statutes.Oklahoma is one of 50 states, the District of Columbia, and U.S. Virgin Islands that has adopted the ICPC and has agreed to follow the Articles and Regulations of the ICPC when placing children out-of-state and when children are placed in Oklahoma from another state.
(c) Sending or requesting agency.The sending or requesting agency is:
(1) a party state, officer, or employee thereof;
(2) a subdivision of a party state, or officer or employee thereof;
(3) a court of a party state;
(4) a person, corporation, association, or charitable agency; or
(5) an entity that sends, brings or causes to be sent or brought any child to another party state.
(d) Receiving state.The receiving state is the state to which a child is sent or brought or caused to be sent or brought, whether:
(1) by public authorities or private persons or agencies; and
(2) for placement with state or local public authorities, private agencies, or persons.
(e) Types of Placements.ICPC applies to placement of a child:
(1) preliminary to adoption;
(2) into foster care, including foster homes, group homes, residential treatment facilities, and child caring institutions for treatment of chronic or long-term conditions;
(3) with the parent(s), stepparent, grandparent, adult brother or sister, or adult aunt or uncle when any such relative is not making the placement; and
(4) adjudicated delinquent and placed in institutions in other states.
(f) Exceptions to ICPC.ICPC does not apply to:
(1) placement of a child in a hospital, medical facility, or mental health facility for the primary purpose of treating an acute or short-term medical or emotional problem;
(2) placement of a child in any institution primarily educational in character;
(3) placement of a child by the parent(s), stepparent, grandparent, adult brother or sister, adult uncle or aunt, or child's non-state agency guardian with any such relative or non-state agency guardian in the receiving state;
(4) visits in another state;¢ 8
(5) placement of a child with a non-offending, noncustodial biological parent when the court does not:
(A) have evidence that such parent is unfit;
(B) seek such evidence; and
(C) retain jurisdiction over the child after the court transfers custody;
(6) placement of a child in or from another country; and
(7) interstate supervision of a parent's treatment and service plan.
(g) Oklahoma as the sending agency or state.For an out-of-state placement request, the child must be under Oklahoma court jurisdiction.The child is not required to be in Oklahoma Department of Human Services (OKDHS) custody.
(h) Home study time frames.Home studies requested by other states to assess the safety and suitability of placement are to be conducted, and a report which addresses the extent to which the proposed placement meets the needs of the child completed, and provided to the requesting state within 60 calendar days after receipt of the request.If the home study is not completed and provided to the requesting state within 60 calendar days, the specific reasons it is not completed must be documented in an email to the Oklahoma ICPC Compact Administrator.The requesting state must accept the receiving state's home study as meeting the requirements of the receiving state unless, within 14 days of receiving the study, the requesting state determines that making a decision in reliance on the study would be contrary to the welfare of the child.A completed home study does not require the requesting state to place the child.¢ 1 through 10
INSTRUCTIONS TO STAFF 340:75-1-86
1.General information on the Interstate Compact on the Placement of Children (ICPC).
(1) Intent of ICPC.The intent of ICPC is to ensure that a child placed out‑of‑state has the same protections and services provided in the home state.ICPC also ensures the return of a child to the original county of jurisdiction when the placement is determined contrary to the interests of the child or the need for out-of-state services ceases.
(2) Types of placements.ICPC applies to placement of a child:
(A) preliminary to adoption;
(B) into foster care, including foster homes, group homes, residential treatment facilities, and child caring institutions for treatment of chronic or long-term conditions;
(C) with the parent(s), stepparent, grandparent, adult brother or sister, or adult aunt or uncle when any such relative is not making the placement; and
(D) adjudicated delinquent in institutions in other states.
(3) Exceptions to ICPC.ICPC does not apply to:
(A) placement of a child in a hospital, medical facility, or mental health facility for the primary purpose of treating an acute or short-term medical or emotional problem;
(B) placement of a child in any institution primarily educational in character;
(C) placement of a child by the parent(s), stepparent, grandparent, adult brother or sister, adult uncle or aunt, or child's non-state agency guardian with any such relative or non-state agency guardian in the receiving state;
(D) visits in another state, per OAC 340:75-1-86 Instructions to Staff (ITS) 8;
(E) placement of a child with a non-offending, noncustodial biological parent when the court does not:
(i) have evidence that such parent is unfit;
(ii) seek such evidence; and
(iii) retain jurisdiction over the child after the court transfers custody;
(F) placement of a child in or from another country; and
(G) interstate supervision of a parent's treatment and service plan.
(42) Types of placements Children and Family Services Division ICPC Section (CFSD ICPC) does not process or approve.CFSD ICPC does not:
(A) process an ICPC placement request for a person older than 18 years of age from out-of-state; and or
(B) approve out-of-state placements into a residential treatment center (RTC), child caring institution, or group home facility for a child who has committed homicide or rape, requires a secured facility, or has an absent without leave (AWOL) history.Exceptions are considered by CFSD ICPC on a case-by-case basis.When requesting an exception, the sending state must provide CFSD ICPC:
(i) the age of child when the homicide, rape, or AWOL activity occurred;
(ii) a court order from the sending state finding the child's condition does not pose a danger to others in the facility or to the community if the child becomes AWOL from the facility;
(iii) the complete juvenile delinquent record;
(iv) a psychological evaluation of the child within the last 90 days;
(v) all discharge summaries from other treatment facilities and detention centers;
(vi) the full disclosure of details regarding the homicide or rape incident;
(vii) the complete history and circumstances of AWOL activity;
(viii) a summary of the child's history of violence, abuse, or physical aggression; and
(ix) any information determined necessary by CFSD ICPC.
(5) Sending agency.The sending agency is:
(A) a party state, officer, or employee thereof;
(B) a subdivision of a party state, or officer or employee thereof;
(C) a court of a party state;
(D) a person, corporation, association, or charitable agency; or
(E) an entity that sends, brings, or causes to be sent or brought any child to another party state.
(6) Receiving state.The receiving state is the state to which a child is sent or brought or caused to be sent or brought, whether:
(A) by public authorities or private persons or agencies; and
(B) for placement with state or local public authorities, private agencies, or persons.
2.Oklahoma as the sending agency or state.For an out-of-state placement request, the child must be under Oklahoma court jurisdiction.The child is not required to be in Oklahoma Department of Human Services (OKDHS) custody.
(13) Initiating a placement request.The Child Welfare (CW) worker utilizes Form ICPC-107 04IC006E (ICPC-107), Out-of-State Placement Request Checklist, when submitting an ICPC request.The CW worker completes Form ICPC- 100-A 04IC002E (ICPC-100A), Interstate Compact on the Placement of Children Request, and submits along with required documents to CFSD ICPC for processing.When submitting a foster home study request, the CW worker sends Form DCFS‑102 04FC003E, Notice to Foster Parent Applicant(s), to the potential placement provider for signature and retains a signed copy for the case record.
(24) ICPC approval process and use of placement.The local office of the receiving state completes the home study and sends a recommendation to the ICPC compact administrator in the receiving state.The receiving state ICPC determines whether placement is approved and sends the completed home study with signed FormICPC-100-A 04IC002E (ICPC-100-A) to CFSD ICPC.These documents are routed to the CW worker who initiated the request.Oklahoma, as the requesting state, must accept the completed home study unless, within 14 days of receiving the report, it is determined that making a decision in reliance on the report would be contrary to the child's welfare.The final decision regarding the use of an ICPC placement is determined by the CW worker, CW supervisor, and court.Permission to place by the receiving state is valid for six months.If the placement is not utilized within the six-month period, the CW worker submits a new ICPC request, per OAC 340:75-1-86 ITS 2.
(35) ICPC status changes.When placement is made in the receiving state in an approved ICPC resource, the CW worker prepares FormICPC-100-B 04IC003E (ICPC-100B), Report on Child's Placement Status, indicating the date of placement.FormICPC-100-B 04IC003E (ICPC-100B) is submitted to CFSD ICPC within 15 working days of placement or status change.Supervision of the child's placement begins after the receiving state receives FormICPC-100-B 04IC003E (ICPC-100-B) indicating the date of placement.FormICPC-100-B 04IC003E (ICPC-100-B) is prepared for other status changes in the case, such as:
(A) proposed placement request is withdrawn;
(B) child's treatment is completed in the facility;
(C) custody of the child is transferred to a relative or parent;
(D) child reaches the age of majority or is legally emancipated;
(E) sending state terminates jurisdiction with concurrence of the receiving state or unilaterally;
(F) child returns to sending state;
(G) child moves to another state; or
(H) the approved resource is not used for placement.
(46) ICPC resources and supportive services for a child in OKDHS custody placed out-of-state.
(A) KIDS resources are not created for parent placements.
(B) OKDHS does not pay out-of-state placement providers training stipends or for child care services.
(C) Upon receipt of the approved home study, Form ICPC-100-A 04IC002E (ICPC-100-A) recommending placement, and a copy of the foster care license or certification, if applicable, the CW worker creates a resource for an ICPC:
(i) relative placement by selecting Category - Other Services and Type - Kinship/Non-Relative Non-Paid or Kinship/Relative Non-Paid in the KIDS Resource Directory screen; or
(ii) foster care placement by selecting Category - Foster Family and Type - CW Foster Fam. Care/Kinship/Non-Relative or CW Foster Family Care/Kinship/Relative in the KIDS Resource Directory screen.
(D) Foster care payment is only made to resources that meet the receiving state's requirements as a foster home.OKDHS pays the foster parent the receiving state's foster care rate.The CW worker:
(i) sends the foster parent an applicable OKDHS contract for signature.The foster parent returns the signed contract to the CW worker;
(ii) sends the contract to CFSD for processing;
(iii) after the contract number is entered in KIDS by CFSD, enters the receiving state's foster care daily rate in the KIDS Difficulty of Care screen with rate IX;
(iv) enters the child's placement using the placement provider's resource; and
(v) files a copy of the foster parent's current license or certification, home study, and receiving state's foster care rate, and maintains re‑assessments in the resource record.The foster parent must maintain compliance with the receiving state's foster care requirements for payment to continue.
(E) The foster parent is reimbursed for clothing purchases for the child, per OAC 340:75-13-45.
(F) The child receives medical coverage, per OAC 340:75-13-75.
(G) Independent living (IL) services are coordinated for eligible youth between the CW worker and the worker supervising the case in the receiving state, per OAC 340:75-6-115.1.
(H) The CW worker assures that an agency caseworker of the receiving State makes a face-to-face contact with the child placed in a parent, relative, or foster home no less frequently than every six months and submits a report on the content of the contact.
(57) Communication between states and case updates.The local office in the receiving state and CW worker may communicate about the placement, but all written communication is routed through CFSD ICPC.No later than 30 days after a court hearing, the CW worker submits to CFSD ICPC in triplicate the:
(A) court report;
(B) current treatment and service plan; and
(C) court journal entry.CFSD ICPC mails this information to the receiving state.
(68) Jurisdiction and placement supervision.The CW worker does not make a recommendation to the court for a change of custody, guardianship, or adoption by the placement provider in the receiving state or for case dismissal while the child is in the receiving state without the written concurrence of the receiving state ICPC.
(A) ICPC requires a minimum of six months of placement supervision by the receiving state before the receiving state may agree to a change in custody or dismissal of the case.After that time, The CW worker may request concurrence by sending a written request to CFSD ICPC.
(B) The Oklahoma court retains jurisdiction over the child sufficient to determine all matters in relation to custody, supervision, care, and disposition of the child that it would have had if the child remained in Oklahoma.Jurisdiction is not dismissed until the child is adopted, reaches the age of majority, becomes self-supporting, or is discharged with the concurrence of the receiving state ICPC.If the court dismisses jurisdiction without the concurrence of the receiving state ICPC, the county director contacts CFSD ICPC immediately.
32.Oklahoma as the receiving agency and state for a child who is under the jurisdiction of another state.When a home study request is received from a sending state, CFSD ICPC processes the request, notifies the county by email, and sends a copy of the request with instructions.
(1) Parent home study procedures.The CW worker uses Form ICPC‑102 04IC008E (ICPC-102), Home Study Guide, and FormICPC-102-A 04IC007E (ICPC-102-A), Home Study, to assess the safety and suitability of placing a child in the home complete the home evaluation.The parent home study is completed and a report addressing the extent to which the home would meet the needs of the child is provided within 30 working to CFSD ICPC within 45 calendardays from the date the CW worker receives the request from CFSD ICPC.The parent home study report is provided by CFSD ICPC to the requesting state within 60 calendar days of the intial request.The CW worker attaches to Form ICPC-102-A 04IC007E (ICPC-102-A):
(A) Form ADM-130 04AD003E, Request for Background Check, with results on all household members 18 years of age or older;
(B) Form CWS-KIDS-1 04KI001E, Referral Information Report, and Form CWS‑KIDS-3 04KI003E, Report to District Attorney, if applicable;
(C) Form DCFS-11 04AF004E, House Assessment;
(D) at least three references, using Forms:
(i) DCFS-39 04AF015E, Resource Family Reference Letter for Adult Children;
(ii) DCFS-43 04AF014E, Resource Family Reference Letter for School Personnel;
(iii) DCFS-48 04AF011E, Resource Family Reference Letter for an Employer; and
(iv) DCFS-64 04AF007E, Resource Family Personal Reference Letter; and
(E) Form DCFS-109 04AF007E, Records Check.
(2) Relative home study procedures.A relative home study is conducted when the relative has chosen not to accept a foster care reimbursement.The CW worker uses Form DCFS‑69‑A 04AF003E, Resource Family Assessment, to complete the home evaluationassess the safety and suitability of placing a child in the home.
(A) Form DCFS-69-A 04AF003E, without the portions that address training, is submitted to CFSD ICPC within 30 working days from receipt of request. completed and a report, addressing the extent to which the home would meet the needs of the child, is provided to CFSD ICPC within 45 calendar days from receipt of request.The relative home study report is provided by CFSD ICPC to the requesting state within 60 calendar days of the initial request.
(i) The relative must agree to attend pre‑service training before Form DCFS-69-A 04AF003E is submitted to CFSD ICPC.
(ii) Pre‑service training is completed within 90 days from the date of the child's placement.
(iii) After training is completed, the CW worker sends pre-service training verification via KIDS Individual Training Record or training certificates to CFSD ICPC.
(B) The placement provider who is approved as a relative placement is not eligible for foster care payment.
(C) If the placement provider's income is not sufficient to meet the needs of the child, the home study is denied.
(D) The CW worker completes a full home study as required for foster care resources, per OAC 340:75-7.
(E) The CW worker sends to CFSD ICPC for review three copies of Form DCFS‑69-A 04AF003E and:
(i) Form ADM-130 04AF003E with results on all household members 18 years of age or older;
(ii) Form CWS-KIDS-1 04KI001E and Form CWS-KIDS-3 04KI003E, if applicable;
(iii) Form DCFS-11 04AF004E;
(iv) at least six references, using Forms:
(I) DCFS-39 04AF015E;
(II) DCFS-43 04AF014E;
(III) DCFS-48 04AF011E; and
(IV) DCFS-64 04AF016E;
(v) Form DCFS-109 04AF007E; and
(vi) copy of fingerprint cards for all household members 18 years of age or older.Fingerprint results are required prior to submitting the completed home study to CFSD ICPC when any household member has lived in Oklahoma less than five years.Otherwise, fingerprint results are sent to CFSD ICPC upon receipt.
(3) Foster home study procedures.A foster home study is conducted when the relative has chosen to accept a foster care reimbursement.The CW worker uses Form DCFS‑69‑A 04AF003E, Resource Family Assessment, to complete the home evaluation assess the safety and suitability of placing a child in the home.
(A) The CW worker completes a full resource family assessment as required for foster care resources, per OAC 340:75-7-18.The completed home study is submitted within 90 working days from receipt of the request from CFSD ICPC completed and a report, addressing the extent to which the home would meet the needs of the child, is provided to CFSD ICPC within 45 calendar days from receipt of request.The foster home study report is provided by CFSD ICPC to the requesting state within 60 calendar days of the initial request.
(i) Pre-service training must be completed prior to the CW worker submitting the completed home study to CFSD ICPC.
(ii) The CW worker completes a full home study as required for foster care resources, per OAC 340:75-7.
(B) The CW worker sends to CFSD ICPC for review three copies of Form DCFS-69-A 04AF003E and:
(i) Form ADM-130 04AD003E with results on all household members 18 years of age or older;
(ii) Form CWS-KIDS-1 04KI001E and Form CWS-KIDS-3 04KI003E, if applicable;
(iii) Form DCFS-11 04AF004E;
(iv) at least six references, using Forms:
(I) DCFS-39 04AF015E;
(II) DCFS-43 04AF014E;
(III) DCFS-48 04AF011E; and
(IV) DCFS-64 04AF016E;
(v) Form DCFS-109 04AF007E;
(vi) verification of pre-service training completion via KIDS Individual Training Record or training certificates within five business days of completion of training;
(vii) copy of fingerprint cards for all household members 18 years of age or older.Fingerprint results are required prior to submitting a completed home study to CFSD ICPC when any household member has lived in Oklahoma less than five years.Otherwise, fingerprint results are sent to CFSD ICPC upon receipt; and
(viii) OKDHS foster care rates and, if applicable, difficulty of care rates, per OAC 340:75-7.
(4) Opening ICPC resources for placement providers for children under another state's jurisdiction and financial responsibility.
(A) KIDS resources are not created for parent placements.
(B) The CW worker creates a resource for an ICPC:
(i) relative placement by selecting Category - Other Services and Type – ICPC/Relative in the KIDS Resource Directory screen.A request for a relative home study is a non-paid placement request and the relative does not receive foster care payment; or
(ii) foster placement by selecting Category – Other Services and Type – ICPC/Foster in the KIDS Resource Directory screen.A request for a foster home study is a paid placement request and the sending state may pay the placement provider a foster care payment upon approval.
(C) The potential placement provider is not entitled to training stipends, foster care child care services, foster care payment, contingency funds, or clothing vouchers from OKDHS.The sending state agency, guardian, or person is financially responsible for the care of the child.
(5) Placement of an out-of-state child with parent, relative, or foster parent.Upon receipt of Form ICPC-100-B 04IC003E (ICPC-100-B) by CFSD ICPC showing placement of a child, the form is forwarded to the county of placement.A CW worker is assigned.The CW worker:
(A) opens an ICPC case in KIDS using the oldest child's last name and provider's address and selects case Type – ICPC;
(B) enters the child's placement using the placement provider's resource.If the child is placed with a parent, completes the KIDS Living Arrangement and Demographics screens;
(C) provides quarterly progress reports to CFSD ICPC using Form ICPC‑108 04IC004E (ICPC-108), Progress Report for ICPC Cases;
(D) visits monthly and documents the visits in the KIDS Contacts screen;
(E) refers the family for services, as needed;
(F) ensures placement providers approved as ICPC relative or foster care resources maintain compliance with OKDHS resource requirements; and
(G) notifies CFSD ICPC immediately of all placement disruptions, child abuse or neglect referrals, and policy violations involving ICPC placements.
(6) Permanency for the child.After a minimum of six months of placement supervision, the CW worker may recommend the sending state seek permanency for the child.Recommendations may include transfer of custody to the placement provider through guardianship or adoption.After permanent legal custody is established, the CW worker may recommend case dismissal.
(A) All recommendations must be staffed and approved by the CW supervisor.Recommendations are not final until approved by CFSD ICPC.
(B) The ICPC case remains open until Form ICPC-100-B 04IC003E (ICPC-100-B) is received from the sending state terminating the case or closure notification is received from CFSD ICPC.
4.Foster parent movement out-of-state.
(1) When a foster parent requests to move to another state with the child in foster care as an intact family and the move is in accordance with the case plan for the child, the CW worker:
(A) submits 45 days prior to the planned move an ICPC request for placement, per OAC 340:75-1-86 ITS 2;
(B) when the decision to relocate to another state is not made until 45 days or less before the intended move, prepares the ICPC request immediately and sends to CFSD ICPC for prompt handling;
(C) obtains and attaches to the ICPC request a memorandum approved by the county director, per OAC 340:75-7-41 ITS; and
(D) obtains the placement provider's signature on Form DCYFS-8 04MP001E, Consent for Release of Information, that permits the CW worker to attach the home study and re-assessment(s) to the ICPC request.
(2) The foster family must comply with the receiving state's requirements for licensing or certification as a foster care provider.
(A) A determination by the receiving state is made on the ability of this placement to meet the child's needs under the circumstances of the proposed relocation.
(B) Within 30 days of notification by CFSD ICPC that the family and child have relocated, a worker in the receiving state is assigned to assess and assist the family in complying with the applicable requirements of the receiving state.
(3) The foster parent continues to receive foster care payment after the move provided the foster parent is cooperating with the certification or licensing process in the receiving state.If the foster parent fails to cooperate with the certification or licensing process, payment is stopped.The placement becomes an illegal placement and the child must return to Oklahoma.
5.Supervision of ICPC placements into an Oklahoma RTC, child caring institution, and group home.
(1) An Other Workload Request is assigned to the county by CFSD ICPC.
(2) Assignment of the Other Workload Request is made by the county.
(3) Upon assignment, the CW worker opens a KIDS case and closes the Other Workload Request.The CW worker completes the KIDS:
(A) Summary screen with the case type ICPC;
(B) General Information screen on the child, including the child's living arrangements;
(C) Demographics screen denoting the facility's address; and
(D) Status screen listing the custody of the child, either the state agency or parent.
(4) The child is visited at least quarterly from receipt of Form ICPC-100-B indicating placement has been made in the facility.The purpose of the visit is to determine that the placement is not contrary to the child's interests.The visits are documented in the KIDS Contacts screen.No progress report is required by the CW worker.
(A) The CW worker notifies CFSD ICPC of any concerns identified during a visit.
(B) CFSD ICPC notifies the sending state of the CW worker's concerns.
(5) If there are concerns for the child regarding:
(A) staff wrongdoing in the treatment of the child, the Office of Client Advocacy is notified; or
(B) the facility and the care of the child, the Division of Child Care licensing worker assigned to the facility is notified.
6.Regulation 7 priority placement request.ICPC Regulation 7 requires certain requests be processed and the home study completed in an expedited manner.
(1) Eligibility.A Regulation 7 priority placement request must meet specific criteria for processing as an expedited home study request.
(A) To obtain an expedited home study, the CW worker utilizes Form ICPC-107 04IC006E (ICPC-107) and attaches Form ICPC-101 04IC010E (ICPC-101), Sending State Priority Home Study Request, and a court order with an express finding that either of the criteria in (i) and (ii) exist in the case and sets forth the facts on which the court bases its finding.
(i) The proposed placement provider is a relative who is a parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child's non-agency guardian, and the:
(I) child is under two years of age;
(II) child is in an emergency shelter; or
(III) court finds that the child has spent a substantial amount of time in the home of the proposed placement provider; or
(ii) The receiving state ICPC has a properly completed Form ICPC‑100-A 04IC002E (ICPC-100-A) and supporting documentation for over 30 working days, but the sending agency has not received a notice determining whether the child may be placed.
(B) It is the responsibility of the CW worker to ask the court for a Regulation 7 Priority Placement Order when the facts justify the entry of such an order.A sample order may be provided to the CW worker by the county director or CFSD ICPC.
(C) A Regulation 7 priority placement request does not apply when the request is for foster care placement or adoption or the child is already in the receiving state in violation of ICPC.
(2) Home study procedures - Oklahoma as the sending state.
(A) The specific time frames that must be met with a Regulation 7 priority placement request are described in (i) through (vi).
(i) The court sends the Regulation 7 Priority Placement Order to the CW worker within two working days.
(ii) The CW worker hand-delivers, or mails by overnight express, faxes, or e-mails a completed, expedited ICPC request to CFSD ICPC within three working days.
(iii) Within two working days after receipt of the ICPC priority placement request, CFSD ICPC mails by overnight express the priority request and the accompanying documentation to the receiving state ICPC with a notice that the request for placement is entitled to priority processing.The receiving state ICPC determines whether the request is complete.If additional information is required, the receiving state notifies CFSD ICPC staff who then informs the CW worker.The information is faxed to the receiving state ICPC within 24 hours.
(iv) The receiving state completes the home study within 20 working days after receiving the complete packet of information and makes the determination determines whether the placement is approved.
(v) The receiving state faxes the signed Form ICPC-100-A 04IC002E (ICPC-100-A) and completed home study to CFSD ICPC and mails the paper copies via overnight express.
(vi) CFSD ICPC faxes the completed home study and Form ICPC‑100‑A 04IC002E (ICPC-100-A) to the local CW worker or court and mails the paper copies via overnight express.
(B) The receiving state Deputy Compact Administrator (DCA) is notified by the local worker in the receiving state when the mandated time frames cannot be met.In those situations, the receiving state DCA notifies CFSD ICPC which in turn notifies the CW worker.The CW worker notifies the court of jurisdiction of the reasons for delay.Time periods in this regulation may be modified with a written agreement between the court of jurisdiction, sending agency, and receiving state ICPC.Any such modification applies only to the case addressed.
(C) The court of jurisdiction may request assistance from the court in the receiving state when the designated time frames are not followed.
(3) Home study procedures - Oklahoma as the receiving state for a child who is under the jurisdiction of another state.Procedures and time frames for priority placements are followed as described in (A) through (F).
(A) When CFSD ICPC receives the Regulation 7 priority placement request from the sending state ICPC, the determination is made by the next working day whether the request meets the criteria for a Regulation 7 priority home study and whether all required information is included in the placement request.
(i) If the request includes sufficient information for processing, CFSD ICPC emails the Regulation 7 priority home study request notice to the local CW office.The original packet is mailed by overnight express to the local CW office.
(ii) If the request does not include sufficient information for processing, CFSD ICPC notifies the sending state ICPC by fax, and requests the specific information that is required for processing.When there are extraordinary circumstances that make it impossible to comply with the time frames, CFSD ICPC notifies the sending ICPC by fax of the inability to complete the home study timely, estimated date of completion, and explanation for the delay.
(B) After receipt of the faxed copy of Form ICPC-101 04IC010E (ICPC-101) in the local CW office, the assigned CW worker phones, if possible, the prospective placement provider and sets appointments for face-to-face contacts including at least one home visit.
(C) Within five working days after receipt of Form ICPC-101 04IC010E (ICPC-101), the CW worker makes a home visit with the prospective placement provider.During the home visit, each member of the household is seen and, if age appropriate, interviewed.The CW worker uses Form ICPC-102-A 04IC007E (ICPC-102-A) to complete the requested study.The completed home study must include a recommendation for approval or denial of the placement.The relative placement provider approved for Regulation 7 priority placement must complete pre-service training within 90 days of the child's placement.
(D) The home study must be mailed via overnight express within 18 working days of receipt of the Regulation 7 priority home study request.After CFSD ICPC receives the completed home study, a determination to approve or deny placement is made and submitted to the sending state within two working days.
(E) CFSD ICPC faxes completed Form ICPC-100-A 04IC002E (ICPC-100-A) and the home study to the sending state ICPC and mails two copies via overnight express.Form ICPC-100-B 04IC003E (ICPC-100-B) is requested from the sending state to confirm the date of placement.
(F) CFSD ICPC is notified by the CW worker when the mandated time frames cannot be met.If the time frame cannot be met, CFSD ICPC notifies the sending state ICPC.Time periods in this regulation may be modified with a written agreement between the court of jurisdiction, sending agency, and CFSD ICPC.If such a modification is made, it applies only to the case addressed.
7.Runaways.Children who run away from Oklahoma, regardless of adjudication, to another state are subject to the Interstate Compact on Juveniles (ICJ) that is administered by the Office of Juvenile Affairs (OJA).Children in OKDHS custody who are placed out-of-state through ICPC and run away from that placement are returned to Oklahoma through ICJ.All efforts for the child's return are coordinated between the CW worker, OJA, and holding state.The CW worker:
(1) completes and faxes Form ICPC-109 04IC009E (ICPC-109), Runaway Custody Child Worksheet, to the OJA DCA within 24 hours of notification from the holding state that the child was located;
(2) when the child is willing to return to Oklahoma voluntarily, works with the holding state to bring the child before a judge in the holding state to sign ICJ Form III 04OA002E (ICJ Form III), Consent for Voluntary Return by Runaway, Escapee or Absconder or Juvenile Charged as Delinquent.The judge informs the child of his or her rights and signs ICJ Juvenile Rights form Form 04OA001E (ICJ Juvenile Rights Form), Interstate Compact on Juveniles Rights for Voluntary Return of Runaway, Absconder, Escapee, or Juvenile Being Charged as Delinquent.Both signed forms are immediately faxed to the OJA DCA.The child's return must occur within five days of the child signing ICJ Form III 04OA002E (ICJ Form III);
(3) when the child does not voluntarily consent to return, requests the assistant district attorney completes ICJ Form A Form 04OA004E (ICJ Form A), Petition for Requisition to Return a Runaway Juvenile, submits to the court of jurisdiction, and faxes to the OJA DCA;
(4) completes ICJ Form I,Requisition for Runaway Juvenile, and submits to the judge for signature and mails the original and two certified court copies to Office of Juvenile Affairs Deputy Compact Administrator, P.O. Box 268812, Oklahoma City, Oklahoma 73126-8812;
(5) sends to the OJA DCA three certified court copies of the pick-up order and court journal entry showing OKDHS has custody of the child; and
(6) coordinates travel arrangements with the OJA DCA for the child's return to Oklahoma.
8.Visitation.A visit is a stay of 30 days or less with a definite beginning and ending date.Visits may be longer only if the visit begins and ends within the period of a child's vacation from school.Visits and placements are distinguished on the basis of purpose, duration, and the intention of the person or agency with responsibility for planning the child's placement.These visits are arranged by the CW worker and do not go through ICPC.The purpose of a visit is to provide the child with a social or cultural experience of short duration, such as a stay in a camp or with a friend or relative who has not assumed legal responsibility for providing child care services.
(1) Prior to sending a child on a visit, the CW worker obtains criminal background and child abuse and neglect results on all household members 18 years of age or older and three positive references on the proposed caregiver.The visiting child does not receive supervision or services.If a stay does not, from the outset, have an expressed termination date, or if the visit's duration is not clear from the circumstances, the visit is considered a placement or proposed placement and not a visit.
(2) When an ICPC home study is in progress, any visit must be approved by the receiving state ICPC.The visit must have a beginning and ending date corresponding to the child's vacation time or holiday from school.Permission or approval for visits is obtained by sending a written request to CFSD ICPC.The CW worker's request must include the:
(A) beginning and ending date of the visit;
(B) name and address of the person the child will visit;
(C) reason the visit is necessary;
(D) criminal background and child abuse and neglect results on all household members 18 years of age or older;
(E) three positive references on the proposed caregiver; and
(F) details of how the child will be transported to the receiving state.
9.Travel arrangements for CW staff and a child in OKDHS custody.
(1) CFSD ICPC makes interstate travel arrangements for CW staff and a child in OKDHS custody:
(A) when the decision is to place in an approved ICPC placement, excluding ICPC adoptive placement;
(B) taken from Oklahoma without permission;
(C) as ordered by an Oklahoma court;
(D) who requests approval to attend the funeral of a close family member;
(E) visiting a relative, per OAC 340:75-1-86 ITS 8;
(F) reunifying with the parent(s) in Oklahoma;
(G) returning to Oklahoma from placement disruption out-of-state; and
(H) when the CW county of jurisdiction worker visits the child in an out‑of-state mental health facility every six months, per OAC 340:75‑16‑36.
(2) The CW worker provides CFSD ICPC the:
(A) child's name, date of birth, Social Security number, and KK number;
(B) name and Social Security number of the person accompanying the child; and
(C) departure city, destination, and requested dates of travel.
10.Record keeping.Copies of all ICPC information, including ICPC transmittals, are kept in the child's or resource's permanent case record in the local office whether the child is received into or sent from Oklahoma.The CFSD ICPC case is kept in CFSD as long as the ICPC case remains open.The CFSD ICPC case is destroyed six 12 months after case closure.
SUBCHAPTER 6. PERMANENCY PLANNING PART
8. ROLE OF THE CHILD WELFARE WORKER
340:75-6-48.CW worker contacts with child, placement providers, parents, and service providers
(a) Child and placement provider.The purposes of a Child Welfare (CW) worker's contacts include, but are not limited to, maintaining the child's connections to his or her family, allowing the worker to evaluate the interactions, conditions, and services the child is receiving, particularly those in the home or in placement, and establishing and maintaining a teamwork relationship.¢ 1CW worker contacts with the child in Oklahoma Department of Human Services (OKDHS) custody and the placement provider are provided in (1) through (7).
(1) Foster family care and therapeutic foster care.
(A) The CW worker in the county of placement has face-to-face contact with the child in the foster home within the first two weeks of each placement and a minimum of once every calendar month thereafter, with no more than 31 days between contacts.This applies to a child placed in:
(i) paid or non-paid kinship placement;
(ii) regular foster care;
(iii) contract foster care; and
(iv) therapeutic foster care.
(B) When the child is placed in a county other than the county of jurisdiction, the county of jurisdiction worker contacts monthly, either by phone, electronic mail, or in person, the CW worker in the county of placement to discuss and determine responsibility for any pertinent actions that either require follow-up or initiation in order to achieve the permanency plan for the child.
(C) Contacts increase in times of change and stress.
(D) If there is good cause to believe that a child needs to be interviewed privately during a contact in the foster home, for reasons other than abuse and neglect allegations, the foster parent provides a place in the home where the child can be interviewed outside the foster parent's presence.¢ 2
(2) Shelter.A CW worker has face-to-face contact with the child at the shelter within 24 hours of the child's entry into the shelter and a minimum of once weekly while the child remains in the shelter.During the shelter stay, when the child's CW worker offices:
(A) within 60 miles of the shelter, the CW worker visits and provides any identified services to the child; or
(B) more than 60 miles from the shelter, the assigned shelter liaison visits and provides any identified services to the child.The child's CW worker contacts weekly, either by phone or in person, the shelter social worker while the child remains in shelter care, per OAC 340:75-10-10.
(3) Emergency foster care.When the child is placed in emergency foster care, the CW worker:
(A) has face-to-face contact with the child in the emergency foster home once every calendar month, with no more than 31 days between contacts; and
(B) attends weekly staffings with the emergency foster care contract agency.
(4) Community-based residential care – non-OKDHS operated.When the child is placed in a group home or specialized community home, the CW worker has face‑to-face, private contact with the child and placement provider in the placement once every:
(A) calendar month, with no more than 31 days between contacts, when the child's placement is 30 miles or less from the county of jurisdiction; and
(B) 90 days when the child's placement is over 30 miles from the county of jurisdiction.
(i) The facility liaison contacts the child and placement provider during the months the CW worker does not have a face-to-face contact with the child.
(ii) Each calendar month the facility liaison completes the required contact with the child, the CW worker contacts the facility liaison to communicate any pertinent actions that either require initiation or follow-up in order to achieve the child's permanency plan.
(5) Community-based residential care – OKDHS operated.When the child is placed in an OKDHS operated group home, the CW worker has phone or personal contact with the child and group home worker once every calendar month, with no more than 31 days between contacts.The group home worker visits with the child and coordinates or completes any applicable permanency planning duties pertaining to the child.
(6) Inpatient treatment - acute.When a child is in acute inpatient treatment, face‑to-face contact with the child at the placement location is provided by the facility liaison every calendar month, with no more than 31 days between contacts.¢ 3
(A) Daily phone contact is maintained between the mental health facility and the child's CW worker during the first five working days of treatment.
(B) If the child remains in acute inpatient treatment in excess of five working days, the CW worker contacts the child's therapist or other mental health professional and facility liaison by phone a minimum of once a week and inquires about the child's progress in order to facilitate the discharge plan, per OAC 340:75-16.
(7) Inpatient treatment - residential.When the child is in inpatient residential treatment, face-to-face contact with the child at the placement location is provided by the facility liaison every calendar month, with no more than 31 days between contacts.Close contact is maintained between the liaison and the child's worker.In addition, the CW worker:
(A) has on-site interaction with the child every:
(i) calendar month, with no more than 31 days between contacts if the child's placement is 30 miles or less from the county of jurisdiction; and
(ii) 90 days if the child's placement is over 30 miles from the county of jurisdiction; and
(B) contacts the child's therapist or other mental health professional by phone every two weeks and inquires about the child's progress toward the discharge plan, per OAC 340:75-16.
(8) Own home.
(A) The CW worker has face-to-face private contact with the child a minimum of once every calendar month, with no more than 31 days between contacts.When the child:
(i) initially returns to the parent(s) or is in the custody of the parent(s) in a supervision only case, the first three contacts are in the child's home.Contact location may then alternate between the home and any other location; and
(ii) has been returned to the parent(s) for at least six months and OKDHS has been ordered to continue legal custody, supervision, or both, the CW worker has one face-to-face private contact with the child within two weeks prior to each scheduled court hearing unless more frequent visits are ordered by the court in order to obtain updated information to provide to the court.
(B) Contacts are increased during times of change and stress.¢ 4
(b) Child - special case circumstances.There are several special case circumstances when minimum required contacts with the child and placement provider may be allowed.The decision to allow the use of the minimum required contact rule requires CW supervisory approval.Reduced contact with the child and family is not considered when concerns are identified that require more intensive contact.¢ 4 The circumstances and the minimum amount of required contact are detailed in (1) through (6).
(1) Own home with CHBS.When there is an open Comprehensive Home-Based Services (CHBS) case for the purpose of reunification of a child in the custody or supervision of OKDHS, the assigned contract case manager (CCM) has face‑to‑face, private contact with the child in the home per contract specifications and the CW worker has face‑to-face private contact with the child in the home a minimum of once every 90 days.The CW worker contacts the CCM monthly, either by phone or in person, and inquires about case circumstances and identified needs.
(2) DDSD placement.When a child in the custody of OKDHS is in a Developmental Disabilities Services Division (DDSD) placement, DDSD case management staff provides services to the child, per OAC 317:40-5-57.The CW worker:
(A) in the county of placement has face-to-face, private contact with the child in the home a minimum of once every 90 days;
(B) in the county of placement contacts, either by phone or in person, the DDSD case manager monthly and inquires about case circumstances and identified needs; and
(C) in the county of jurisdiction, when the child is placed outside the county of jurisdiction, contacts monthly, either by phone, electronic mail, or in person, the CW county of placement worker to communicate any pertinent actions that require initiation or follow-up in order to achieve the permanency plan for the child.
(3) Youth, 18 years or older, in voluntary placement.The CW worker's contact with the youth, 18 years or older, in placement voluntarily, is determined jointly by the CW supervisor, CW worker, youth, and placement provider.
(A) A minimum of one face-to-face contact with the youth is required in the placement location every six months until case closure.
(B) During the months when the CW worker's contact with the youth is not in the provider's home, the worker contacts the youth and the provider by phone.¢ 5
(4) Custody with relative or another person with OKDHS supervision.The CW worker has face-to-face contact with the child placed in the custody of a relative or another person with OKDHS supervision a minimum of once every calendar month, with no more than 31 days between contacts.The location of the worker's contact may alternate between contact in the home and any other location.
(5) ICPC placement in residential treatment centers or group homes.The CW worker has face-to-face contact with the child at least every 90 days in the facility when placed in Oklahoma and every six months when placed out-of-state through Interstate Compact on the Placement of Children (ICPC), per OAC 340:75-1-86.
(6) Sunbeam Family Programs placement.When the child in out‑of‑home placement is placed with Sunbeam Family Programs, the assigned Sunbeam Family Programs worker has face-to-face, private contact with the child in the home per contract specifications.This worker's contact meets the minimum monthly requirement for contact with the child.The CW worker maintains responsibility for coordination and completion of Form 04KI009E, Court Report, or 04KI014E, Individualized Service Plan (ISP) Progress Report, and attendance at any court hearing involving the child.
(c) Parents.The CW worker has face-to-face contact with the parent(s) of the child within the first two weeks of the child's removal and a minimum of once every calendar month thereafter, with no more than 31 days between contacts.The CW supervisor and worker decide the location of the contact based upon case circumstances.The CW worker makes a home visit when assessing the home for reunification purposes.Exceptions to contacts with the parent(s) are made when:
(1) the child has been returned to or has never been removed from the parent(s)' custody and OKDHS has been ordered to provide supervision.The first three contacts by the CW worker are in the parent(s)' home.Contact location may then alternate between the home and any other location;
(2) there is an open CHBS case for the purpose of reunification.The CCM has contact with the parent(s) in the home per contract specifications and the CW worker has contact with the:
(A) parent(s) in the home a minimum of once every 90 days; and
(B) assigned CCM monthly, by phone or in person, to:
(i) staff the case;
(ii) discuss current case circumstances; and
(iii) assess the need for more intensive contact by the CW worker;
(3) the child has been returned for at least six months and OKDHS has been ordered to continue legal custody, supervision, or both.The CW worker has one face-to-face private contact with the parent(s) within two weeks prior to each scheduled court hearing unless more frequent visits are ordered by the court in order to obtain updated information to provide to the court.Contacts are increased during times of change and stress;
(4) the parent(s)' whereabouts are unknown;
(5) parental rights have been terminated; or
(6) other justified reasons exist that are documented in the case record.
(d) Parents – special circumstances.Phone contact with the parent(s) of the child is allowed in place of face-to-face contact when the parent(s) is incarcerated or living out‑of-state. The CW county of jurisdiction worker is responsible for contact unless an exception applies.Appropriate exceptions include, but are not limited to, the:
(1) parent(s) has had no contact with the child and the child does not wish to have contact;
(2) parent(s) is incarcerated for an offense that resulted in the death penalty; or
(3) length of the parent(s)' incarceration is expected to surpass the date of the child obtaining the age of majority.
(e) Service providers.The CW worker has phone contact at least quarterly and no later than ten working days prior to each court hearing with any service provider for the child, parent(s), or family in order to obtain current information regarding the client's treatment status and obtain the service provider's recommendation regarding whether services are continued or terminated or additional services are necessary.
(f) OCS providers.The CW worker contacts the Oklahoma Children's Services (OCS) provider and:
(1) schedules, attends, and presents safety issues and needed changes at the CHBS intake staffing no later than 15 working days from the date the authorized referral is assigned;¢ 6
(2) participates in monthly staffings, in person or by phone, with the assigned CCM or parent aide;
(3) reviews at least monthly the CCM or parent aide KIDS contacts and reports; and
(4) responds to critical incident reports, faxed or phoned in to the CW worker by the CCM or parent aide, that are risk alerts, per OAC 340:75-1-152.9.
INSTRUCTIONS TO STAFF 340:75-6-48
1.(a) Contact guides guide and addendums.Contact guides are available for use when making The Child Welfare (CW) worker uses the guide as a format to assist in gathering and documenting information obtained during at least one contact per month with a child in out-of-home placement, parent(s), and or placement provider.Guides that provide a format to assist the Child Welfare (CW) worker in gathering and documenting information obtained during a contact are Forms An addendum is used for children, age 3 and younger, and youth, age 16 to 18.The following are the guides and addendums:
(1) 04MP007E, Face-to-Face Contact Guide for Face-to-Face Visit with Child(ren);
(2) 04MP002E, Contact Guide for Face-to-Face Visit with Parent(s)/Legal Guardian(s) 04MP007B, Face-to-Face Contact Guide for Tablet;
(3) 04MP003E, Contact Guide for Face-to-Face Visit with Placement Provider(s);
(4) 04MP004E, Contact Guide Addendum for Face-to-Face Visit with Newborn(s) and Infant(s )– Age 0 to 6 12 Months;
(5) 04MP005E, Contact Guide for Face-to-Face Visit with Infant(s) – Age 7 to 12 Months;
(64) 04MP006E, Contact Guide Addendum for Face-to-Face Visit with Toddler(s) – Age 13 to 36 Months; and
(75) 04MP008E, Contact Guide Addendum for Face-to-Face Visit with Youth – Age 16 to 18.
(b) Purpose of contacts. The purpose of CW worker contacts with the child, placement provider, and parent(s) includes, but is not limited to:
(1) ensuring the parent(s) understands the treatment and service plan and the consequences of failure to correct the conditions of intervention;
(2) informing the parent(s) of the next court hearing;
(3) assessing the parent(s)' ability to provide a safe home environment for his or her child;
(4) evaluating the home situation and progress on the treatment and service plan;
(5) providing the parent(s) with information about the child and services the child is receiving, including medical care;
(6) informing the parent(s) and child of each other's situation, progress, and other related issues;
(7) ensuring the parent(s) understands the importance of visitation in developing and maintaining a healthy parent-child relationship;
(8) advising the parent(s) of his or her rights, roles, and responsibilities and the status of the case;
(9) ensuring the child's needs are met and his or her safety is intact in the placement;
(10) encouraging and guiding the parent(s) in the completion of his or her treatment and service plan;
(11) assisting the parent(s) in obtaining the identified services needed to correct the conditions that led to the child's removal; and
(12) providing timely and relevant information to the placement provider that is pertinent to the care needs of the child and permanency planning process, per Section 7005-1.4 of Title 10 of the Oklahoma Statutes.
2.(a) Private interviews with a child in foster care placement.The CW worker:
(1) documents in KIDS Contacts screen the good cause for requesting to interview a child privately in the foster care placement, such as when the child:
(A) acts out in the foster home and refuses to cooperate with the foster parent(s);
(B) asks to be moved from the foster home; or
(C) makes disparaging remarks that do not reach the level of abuse or neglect allegations regarding care received in the foster home; and
(2) may have private contact with the child outside the foster home, such as taking the child on an excursion away from the foster home or driving the child home from a visit or school.
(b) Contact alternatives.Contact with the child is made primarily by the CW worker responsible for the child; however, when there are conflicts in the work schedule or other job-related demands, another CW worker may make the contact.The CW worker responsible for the child:
(1) makes every effort to maintain a supportive relationship with the child to ensure that the child's needs and concerns are addressed on an ongoing basis; and
(2) makes no less than one visit each quarter with the child.
(c) Unannounced contacts.Not every visit with a child in placement is previously arranged.The CW worker develops a schedule for each child in placement so that at least every third contact attempted is unannounced.The CW worker has at least three successful unannounced contacts per year.
3.Contact with facility liaison.No later than 24 hours after a child's placement into an acute inpatient treatment facility, the CW worker contacts the facility liaison and the facility liaison supervisor by phone and e-mail to notify them of the child's placement.
4.Increased need for contacts.Situations that indicate the need for increased contact with the child in the home or placement location include, but are not limited to, any type of safety concern, history of environmental neglect, concerns regarding access by the perpetrator, the age of the child, or an order of the court.The CW worker staffs the decision regarding the type and location of contacts with the CW supervisor and documents this staffing in KIDS Contacts screen.
5.Contacts for youth receiving extended services.The CW worker documents on the youth's Form 04KI008E, Treatment Plan, or Form 04KI012E, Individualized Service Plan (ISP), the frequency of contacts that are determined appropriate or effective for each six-month period between treatment and service plan reviews.
6.Comprehensive Home-Based Services (CHBS).
(1) CHBS service initiation.Contractors do not initiate services before the intake staffing unless emergency services are authorized by the Oklahoma Children's Services (OCS) contract liaison.
(2) CHBS referral cancellation.Referrals held by the contractor awaiting notice of the intake staffing are canceled after the 15th working day.
(3) CHBS intake staffing. The CHBS contract case manager (CCM), CCM supervisor, and CW worker meet with the child and family in the family's home or other location that offers convenience and privacy to review the identified risk-related factors and CHBS service protocol.The referring CW worker's role in the intake staffing is of vital importance to the effectiveness of CHBS for the family.
(A) If for any reason, the referring CW worker is unable to attend the intake staffing, another CW worker or CW supervisor who has reviewed the case or has been briefed attends.
(B) The CW worker outlines for the family and contractor:
(i) each area of risk determined through the Child Protective Services investigation or assessment; and
(ii) any remaining issues of compliance with court-ordered Form 04KI008E, Form 04KI012E, or the specific behaviors and dynamics that must change for the child to remain in his or her home or placement with the resource family.
(C) The CW worker must ensure that the family and provider understand the purpose of the referral and the roles and responsibilities of all parties, including those of the family.
(4) CW worker direction.The CHBS case management function relies on direction from the CW worker.Form 04MP019E, Referral for Service, Form 04KI023E, Safety Assessment, case contacts, and staffings provide valuable input to the CCM regarding circumstances of risk and expectations for change that guide the CCM's case management practice.If the family:
(A) is in crisis or risk to the child is relatively high, the CW worker may request the CCM to intensify contacts or initiate services more rapidly; or
(B) has health, financial, or educational issues that need to be addressed, the CCM initiates and coordinates family involvement with these systems.The CW worker contacts CHBS staff more frequently when the family is unstable or the child is at higher risk.
(5) EKIDS.External KIDS (eKIDS) allows the CW worker to review KIDS CHBS contacts, assessment, and critical incident and other reports within a week of visits and other events.This information may be helpful to the CW worker in recommending to the CCM needed adjustments in certain aspects of CHBS case management, but does not substitute for formal case staffings with the contractor.
