COMMENT DUE DATE:
February 5, 2008
DATE:
January 23, 2008
Caprice Tyner CFSD (918) 588-1750
Dena Thayer PMU Manager (405) 521-4326
Nancy Kelly PMU Specialist (405) 522-6703
RE:
APA WF 07-37
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 75. CHILD WELFARE
Subchapter 1 – General Provisions of Child Welfare Services
Part 1. Scope and Applicability
340:75-1-86 [AMENDED]
Subchapter 3. Child Protective Services
340:75-3-2 [INSTRUCTIONS TO STAFF ONLY AMENDED]
340:75-3-5 [AMENDED]
340:75-3-6 [INSTRUCTIONS TO STAFF ONLY AMENDED]
340:75-3-6.1 [AMENDED]
340:75-3-7.1 [AMENDED]
340:75-3-7.3 [AMENDED]
340:75-3-8 [AMENDED]
340:75-3-8.1 [INSTRUCTIONS TO STAFF ONLY AMENDED]
340:75-3-8.2 [AMENDED]
340:75-3-8.4 [INSTRUCTIONS TO STAFF ONLY AMENDED]
340:75-3-8.6 [AMENDED]
340:75-3-9.1 [AMENDED]
340:75-3-10.1 [INSTRUCTIONS TO STAFF ONLY AMENDED]
340:75-3-10.3 [INSTRUCTIONS TO STAFF ONLY AMENDED]
340:75-3-11 [INSTRUCTIONS TO STAFF ONLY AMENDED]
340:75- 3-12 [AMENDED]
340:75-3-13 [AMENDED]
Subchapter 4 – Family-Centered and Community Services
340:75-4-13 [INSTRUCTIONS TO STAFF ONLY AMENDED]
Subchapter 7. Foster Home Care
Part 1. General Provisions
340:75-7-2 [AMENDED]
Part 2. Development of Resources
340:75-7-12 [AMENDED]
340:75-7-15 [AMENDED]
340:75-7-18 [AMENDED]
340:75-7-24 [AMENDED]
Part 4. Roles and Responsibilities
340:75-7-37 through 75-7-38 [AMENDED]
Part 5. Eligibility and Payments
340:75-7-51 through 75-7-53 [AMENDED]
Part 6. Foster Home Care Support Services
340:75-7-65 [AMENDED]
Part 8. Continuous Quality Assessment of a Resource Home
340:75-7-94 [AMENDED]
Part 25. Emergency Foster Care Program
340:75-7-262 [AMENDED]
Subchapter 10. Emergency Shelter Care
OAC 340:75-10-9 [AMENDED]
Subchapter 13. Other Child Welfare Services and Medical Services for children in Out-of-home Care
Part 7. Medical Services
340:75-13-79 [AMENDED]
Subchapter 15. Adoptions
Part 10. Adoptive Family Assessment and Preparation Process
340:75-15-88 [AMENDED]
(Reference APA WF 07-37)
SUMMARY:The proposed revisions to Subchapter 1, 3, 4, 7, 10, 13, and 15of Chapter 75amend the rules to bring them into compliance with Senate Bill 553 and the Federal Safe and Timely Interstate Placement of Foster Children Act of 2006 as well as updating procedures for day care center and home investigations and foster and adoptive parent approvals.
340:75-1-86 was amended during emergency rulemaking process 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.
340:75-3-2 ITS is amended to:(1) add the word "or" to clarify that any or all subfactors can be the definition of neglect; and (2) clarify that the extent and severity of injury includes the length and time of the abuse or neglect.
340:75-3-5 is amended to update agency division name and to clarify the procedure and forms used when making a recommendation to the District Attorney for an emergency custody order, petition, or investigation finding.
340:75-3-6 ITS is amended to clarify the procedure for contacting child protective services (CPS) in other states upon receipt of information that the family may have had CPS involvement in that state.
340:75-3-6.1 is amended to clarify that when a baby is born to a person responsible for the child (PRFC) or to a minor child in OKDHS custody, the information is documented on Form 04KI001E.340:75-3-6.1 ITS amended to clarify:(1) the CPS worker is responsible for arranging the staffing and documenting the staffing results in the Report to DA and KIDS Contact screens of the child’s case; (2) when a baby is born to a PRFC, the referral is assigned as an investigation to determine the immediate safety of and threat of harm to the newborn; and (3) when the baby is born to a minor child in OKDHS custody, the referral is assigned as a CPS assessment or investigation.
340:75-3-7.1 is amended to clarify that an accepted report is responded to according to priority guidelines.340:75-3-7.1 ITS amended to:(1) clarify that the date the report is received is counted as the first day of a Priority II; (2) delete examples of Priority I reports; and (3) clarity that reports of abuse by child care center employees also includes child care home employees.
340:75-3-7.3 is amended to:(1) update section tagline; and (2) restructure current information.340:75-3-7.3 ITS is amended to:(1) update sentence structure; (2) re-position investigation and assessment decision guideline information; and (3) add examples of reports addressed as assessments to include unexplained absences from school that are not due to truancy or home schooling, corporal punishment by a foster parent or trial adoptive parent involving a child four to five years of age, and a baby born to a minor child in OKDHS custody.
340:75-3-8 is amended to:(1) update section tagline; and (2) delete exception of determination of a report made in bad faith, to making a home visit as part of the investigation.
340:75-3-8.1 ITS is amended to clarify procedures regarding notifying the foster or trial adoptive parents of the removal of their own child are followed.
340:75-3-8.2 is amended to update the protocol for investigating reports of abuse in child care centers or homes by repositioning and updating language.340:75-3-8.2 ITS is amended to clarify:(1) the time frame for initiation pertaining to child care centers is dependent on whether the alleged perpetrator is still employed and continues to care for or have access to children; (2) assigned reports pertaining to child care homes are assigned as Priority I; (3) the child victim(s) is interviewed first; (4) parents of alleged victims or other children in child care centers are interviewed; (5) all children in child care homes are considered potential victims and all parents of children in child care homes are interviewed; (6) each alleged child victim and child witness is interviewed privately after obtaining permission of the parents; (7) findings include confirmation of abuse and neglect; (8) the Report to District Attorney is expedited when Oklahoma Child Care Services (OCCS) needs the report to initiate court action in closing or revoking the license of the child care center or home and update procedures; (9) Report to District Attorney and other case information is provided to OCCS; and (10) confidentiality and sharing of child Welfare records protocol.
340:75-3-8.4 ITS is amended to:(1) direct that although not required, CW staff may attend case reviews involving non-CW investigations and cases when invited and there is no conflicting workload demands and reason to believe CW has pertinent information to contribute; and (2) delete repetitive or unnecessary language.
340:75-3-8.6 is amended to update section tagline and ITS references.340:75-3-8.6 ITS is amended to:(1) update protocol for reviewing previous Child Welfare history; (2) update protocol when history indicates there have been more than three previous reports on a family; and (3) reposition language for consistency; and (4) clarify unable to locate protocol.
340:75-3-9.1 is amended to update section tagline.340:75-3-9.1 ITS is amended to clarify phone notification time frames for reports of death or near death incidents.
340:75-3-10.1 ITS is amended to:(1) clarify that the evaluation of whether a child is or would be safe in the home if the child were to remain there includes knowledge of available services within the community as well as assessing safety; (2) update form numbers; (3) clarify that a Voluntary Family Service Agreement is completed when the child remains in the home under a safety plan and the family has agreed to accept services to help provide for the child's safety; and (4) reposition direction for arrangements, contacts, and time frames for supervision of the safety and service plan.
340:75-3-10.3 ITS is amended to clarify:(1) educational neglect confirmation protocol; and (2) that consultation with medical personnel must occur to confirm medical neglect.
340:75-3-11 ITS is amended to:(1) delete ITS for report coming from divorce or child custody actions; and (2) update tagline to clarify that exceptions can delay time frames.
340:75-3-12 is amended to:(1) update taglines; and (2) update agency division name and form numbers.340:75-3-12 ITS is amended to:(1) add procedure for inquiries from non-OKDHS entities and out-of-state CPS agencies.
340:75-3-13 is amended to:(1) add a procedure for determination of other services; and (2) update time frames for completion of investigations or assessments.340:75-3-13 ITS is amended to indicate that foster and trial adoptive home investigative or assessment interviews or interviews with child victims and PRFC(s) in an open permanency planning or family-centered services case are completed and documented within ten working days or less of the date the report is received.
340:75-4-13 ITS only amended to update policy cite.
340:75-7-2 is amended to provide a definition of a Bridge resource family.
340:75-7-12 is amended to clarify:requirement to become a foster parent includes: (1) if married, be married or in a committed relationship for one year or more; (2) provide a home that is clean, safe, and in good repair; and (3) be willing to actively mentor the parent to help them improve their ability to safely care for their child.
340:75-7-15 was amended during the emergency rulemaking process to:(1) require a search of all applicable out-of-state child abuse and neglect registries for any foster parent applicant or adult household member who has not lived continuously in Oklahoma for the past five years; (2) clarify that the prospective resource parent is not approved without the results of the state-maintained child abuse and neglect registry checks if a registry is maintained in the applicable state; (3) direct that any available information be obtained from the applicable state if no child abuse and neglect registry exists in the applicable state; (4) authorize an exception to fingerprinting in limited, case-specific circumstances and authorize an alternate procedure for obtaining a national criminal records check for any applicant or adult residing in the home who has a severe condition that precludes such person from being fingerprinted; (5) clarify that when an equivalent records check from another state is required, it must be received prior to placement of the child; (6) correct Department of Pubic Services to Department of Pubic Safety (DPS); (7) repeal time frame for kinship applicant's equivalent records check to be received; (8) require OKDHS to request a name based National Crime Information Center (NCIC) criminal history search by local law enforcement after normal business hours or on a holiday for kinship applicants; and (9) repeal Court's authority to approve a prospective adoptive parent or long-term placement provider who has convictions for specified felonies.This section has been further amended to require a committee review of certain criminal history of foster parent applicants and other household members.340:75-7-15 ITS amended to set out the procedure for an area and state committee review of criminal history of foster parent applicants and other household members.
340:75-7-18 is amended to:(1) update forms numbers; (2) include an assessment of the condition of the interior and exterior of a home when doing a house assessment; (3) ensure that other specified safety guidelines are followed when the home being assessed has a pool; (4) clarify that if the applicant's child is home-schooled, a reference that has knowledge of the applicant's home schooling experience is contacted by letter, phone, or in person; (5) include reasons for denying an assessment as the applicant has applied for a child that OKDHS reasonably believes may not be available for placement or one or more factors concerning the applicant, a family or household member or conditions in the home as described renders the applicant or home environment inappropriate as a resource home; and (6) require a resource family assessment completed if a foster home has been closed two or more years.340:75-7-18 ITS is amended to:(1) provide a procedure for obtaining and documenting information about the family using Form 04AF002E, Guidelines for Resource Family Assessment – Bridge Family Profile and Form 04AF003E, Resource Family Assessment – Bridge Family Profile; (2) require use of Form 04AF025E, Resource Family Reference Letter for Home Schooling, when the applicant's child is home-schooled; (3) clarify the resource specialist reviews the completed family assessment for content using Form 04AF002E, or Form 04AF003E; (4) require a copy of the approved family assessment be sent to the Adoption section if the family selects into the Adoption program; (5) clarify that re-opening a foster home requires a new, signed contract be provided to the Foster Care Section to assign a new contract number; (6) require that non-paid kinship and foster care Interstate Compact on the Placement of Children (ICPC) home assessments be completed by the resource specialist; (7) require the contractor to meet with the foster or kinship applicant twice during the assessment process in the home and at the conclusion of the resource assessment for review and signatures by the applicant; and (8) clarify that consultation with the resource specialist and additional meetings with the family are necessary when identification of issues and concerns arise during the assessment process.
340:75-7-24 is amended to clarify that kinship foster homes are entitled to receive a training stipend at enrollment and completion of the pre-service training when a child has been placed in the home.340:75-7-24 ITS is amended to clarify the training stipend is set out in OKDHS Appendix 04AC003E (C-20).
340:75-7-37 is amended to clarify that foster parent responsibilities include helping the child maintain a connection to the child's kin, culture, and community; cooperating and assisting the CW worker in the placement of siblings together; and attending school conferences and Individualized Education Plan (IEP) meetings.
340:75-7-38 is amended to:(1) update form numbers; and (2) clarify physical restraint may only be used when the foster parent has been properly trained and practiced in the restraint technique demonstrated in Behavior Crisis Management Training (BCMT).340:75-7-38 ITS is amended to update form numbers.
340:75-7-51 is amended to:(1) update ITS bullets; and (2) clarify the foster parent is sent a notice of overpayment by the county of service.340:75-7-51 ITS is amended to clarify the procedure for overpayment notices and update form numbers.
340:75-7-52 is amended to:(1) update terminology; (2) clarify that reimbursement is paid the month after the service rendered; and (3) clarify that when a child is out of the foster home for family reunification purposes, pre-placement visits, or is absent without leave for up to seven consecutive days, the foster parent receives reimbursement if the child is expected to return to the foster home at the end of the seven days.340:75-7-52 ITS is amended to clarify that the foster care contracts with original signatures are returned to the Children and Family Services Division Foster Care Section.
340:75-7-52.1 is amended to provide that upon application, the foster parent with whom the child has been placed at least nine months may be the payee to receive the child's Social Security benefits.340:75-7-52.1 ITS is amended to update the procedure for adjusting foster care reimbursement when the foster parent becomes the payee of the child's Social Security benefits.
340:75-7-53 is amended to clarify:(1) difficulty of care (DOC) reimbursement rates as set out in Appendix 04AC003E (C-20) are guidelines for increase recommendations; and (2) each DOC authorization is limited to six months.
340:75-7-65 is amended to (1) require that reference information for alternate caregiver is documented on specific form; and (2) clarify that liability insurance questions are referred to the designated insurance company.340:75-7-65 ITS is amended to require:(1) that reference information for alternate caregiver is documented on Form 04AF026E; and (2) the resource specialist to provide current information about liability insurance to the foster family.
340:75-7-94 is amended to require the resource specialist during the re-assessment to ensure the home is clean, safe, and in good repair.340:75-7-94 ITS is amended to:(1) clarify it is the CW worker making the decision not to return a child to a resource home during an investigation or assessment who is responsible for certain tasks; and (2) update the resource specialist's responsibilities when a Written Plan of Compliance is prepared.
340:75-7-262 is amended to remove length of stay time frame in shelter care prior to admission to emergency foster care.
340:75-10-9 is amended to:(1) update capacity and position titles, and (2) remove length of stay and diversion guidelines.340:75-10-9 ITS is amended to update documentation, discharge and diversion procedures.
340:75-13-79 is amended to update form numbers.340:75- 13-79 ITS is amended to update form numbers.
340:75-15-88 was amended during the emergency rulemaking process to delete language that allows the court to conditionally approve the home of an adoptive applicant or adult household member with certain criminal convictions.This section has been further amended to require a committee review of any criminal history of foster parent applicants and other household members.340:75-15-88 ITS amended to set out the procedure for an area and state committee review of criminal history of foster parent applicants and other household members.
PERMANENT APPROVAL:Permanent rulemaking approval is requested.
AUTHORITY. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; SB 553, and Federal Interstate Placement of Foster Children Act of 2006.
Rule Impact Statement
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:Linda Smith, Director
Children and Family Services Division
Date:December 12, 2008
Re:Chapter 75 – Child Welfare
Subchapter 1.General Provisions of Child Welfare Services
Part 1. Scope and Applicability
340:75-1-86 [AMENDED]
Subchapter 3. Child Protective Services
340:75-3-5 [AMENDED]
340:75-3-6.1 [AMENDED]
340:75-3-7.1 [AMENDED]
340:75-3-7.3 [AMENDED]
340:75-3-8 [AMENDED]
340:75-3-8.2 [AMENDED]
340:75-3-8.6 [AMENDED]
340:75-3-9.1 [AMENDED]
340:75-3-12 [AMENDED]
340:75-3-13 [AMENDED]
Subchapter 7. Foster Home Care
Part 1. General Provisions
340:75-7-2 [AMENDED]
Part 2. Development of Resources
340:75-7-12 [AMENDED]
340:75-7-15 [AMENDED]
340:75-7-18 [AMENDED]
340:75-7-24 [AMENDED]
Part 4. Roles and Responsibilities
340:75-7-37 [AMENDED]
340:75-7-38 [AMENDED]
Part 5. Eligibility and Payments
340:75-7-51 [AMENDED]
340:75-7-52 [AMENDED]
340:75-7-52.1 [AMENDED]
340:75-7-53 [AMENDED]
Part 6. Foster Home Care Support Services
340:75-7-65 [AMENDED]
Part 8. Continuous Quality Assessment of a Resource Home
340:75-7-94 [AMENDED]
Part 25. Emergency Foster Care Program
340:75-7-262 [AMENDED]
Subchapter 10. Emergency Shelter Care
340:75-10-9 [AMENDED]
Subchapter 13. Other Child Welfare Services and Medical Services for Children in Out-of-home Care
Part 7. Medical Services
340:75-13-79 [AMENDED]
Subchapter 15. Adoptions
Part 10. Adoptive Family Assessment and Preparation Process
340:75-15-88 [AMENDED]
(Reference APA WF 07-37)
Contact:Caprice Tyner, 918-794-7538
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 1, 3, 4, 7, 10, 13, and 15of Chapter 75amend the rules to bring them into compliance with Senate Bill 553 and the Federal Safe and Timely Interstate Placement of Foster Children Act of 2006 as well as updating procedures for day care center and home investigations and foster and adoptive parent approvals.
Strategic Plan impact.The proposed rules achieve OKDHS goals by providing services that support and strengthen the family and protect its members.
Substantive changes.
Subchapter 1 – General Provisions – Interstate Compact on the 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.
Subchapter 3 – Child Protective Services
340:75-3-5 amended to update agency division name.
340:75-3-6.1 amended to clarify that when a baby is born to a person responsible for the child (PRFC) or to a minor child in OKDHS custody, the information is documented on Form 04KI001E.
340:75-3-7.1 is amended to clarify that an accepted report is responded to according to priority guidelines.
340:75-3-7.3 is amended to:(1) update section tagline; and (2) restructure current information.
340:75-3-8 is amended to:(1) update section tagline; and (2) delete exception of determination of a report made in bad faith, to making a home visit as part of the investigation.
340:75-3-8.2 is amended to update the protocol for investigating reports of abuse in child care centers or homes by repositioning and updating language.
340:75-3-8.6 is amended to update section tagline and ITS references.
340:75-3-9.1 is amended to update section tagline.
340:75-3-12 is amended to:(1) update taglines; (2) update agency division name and form numbers.
340:75-3-13 is amended to:(1) add a procedure for determination of other services; and (2) update time frames for completion of investigations or assessments.
Subchapter 7 – Foster Home Care
340:75-7-2 is amended to provide a definition of a Bridge resource family.
340:75-7-12 is amended to clarify requirement to become a foster parent includes:(1) if married, be married or in a committed relationship for one year or more; (2) provide a home that is clean, safe, and in good repair; and (3) be willing to actively mentor the parent to help them improve their ability to safely care for their child.
340:75-7-15 was amended during the emergency rulemaking process to:(1) require a search of all applicable out-of-state child abuse and neglect registries for any foster parent applicant or adult household member who has not lived continuously in Oklahoma for the past five years; (2) clarify that the prospective resource parent is not approved without the results of the state-maintained child abuse and neglect registry checks if a registry is maintained in the applicable state; (3) direct that any available information be obtained from the applicable state if no child abuse and neglect registry exists in the applicable state; (4) authorize an exception to fingerprinting in limited, case-specific circumstances and authorize an alternate procedure for obtaining a national criminal records check for any applicant or adult residing in the home who has a severe condition that precludes such person from being fingerprinted; (5) clarify that when an equivalent records check from another state is required, it must be received prior to placement of the child; (6) correct Department of Pubic Services to Department of Pubic Safety (DPS); (7) repeal time frame for kinship applicant's equivalent records check to be received; (8) require OKDHS to request a name based National Crime Information Center (NCIC) criminal history search by local law enforcement after normal business hours or on a holiday for kinship applicants; and (9) repeal Court's authority to approve a prospective adoptive parent or long-term placement provider who has convictions for specified felonies.This section has been further amended to:(1) require a committee review of certain criminal history of foster parent applicants and other household members.
340:75-7-18 is amended to:(1) update forms numbers; (2) include an assessment of the condition of the interior and exterior of a home when doing a house assessment; (3) ensure that other specified safety guidelines are followed when the home being assessed has a pool; (4) clarify that if the applicant's child is home-schooled, a reference that has knowledge of the applicant's home schooling experience is contacted by letter, phone, or in person; (5) include reasons for denying an assessment as the applicant has applied for a child that OKDHS reasonably believes may not be available for placement or one or more factors concerning the applicant, a family or household member or conditions in the home as described renders the applicant or home environment inappropriate as a resource home; and (6) require a resource family assessment completed if a foster home has been closed two or more years.
340:75-7-24 is amended to clarify that kinship foster homes are entitled to receive a training stipend at enrollment and completion of the pre-service training when a child has been placed in the home.
340:75-7-37 is amended to clarify that foster parent responsibilities include helping the child maintain a connection to the child's kin, culture, and community; cooperating and assisting the CW worker in the placement of siblings together; and attending school conferences and Individualized Education Plan (IEP) meetings.
340:75-7-38 is amended to:(1) update form numbers and (2) clarify physical restraint may only be used when the foster parent has been properly trained and practiced in the restraint technique demonstrated in Behavior Crisis Management Training (BCMT).
340:75-7-51 is amended to:(1) update ITS bullets; and (2) clarify the foster parent is sent a notice of overpayment by the county of service.
340:75-7-52 is amended to:(1) update terminology; (2) clarify that reimbursement is paid the month after the service rendered; and (3) clarify that when a child is out of the foster home for family reunification purposes, pre-placement visits, or is absent without leave for up to seven consecutive days, the foster parent receives reimbursement if the child is expected to return to the foster home at the end of the seven days.
340:75-7-52.1 is amended to provide that upon application, the foster parent with whom the child has been placed at least nine months may be the payee to receive the child's Social Security benefits.
340:75-7-53 is amended to clarify:(1) difficulty of care (DOC) reimbursement rates as set out in Appendix C-20 are guidelines for increase recommendations; and (2) each DOC authorization is limited to six months.
340:75-7-65 is amended to:(1) require that reference information for alternate caregiver is documented on specific form; and (2) clarify that liability insurance questions are referred to the designated insurance company.
340:75-7-94 is amended to require the resource specialist during the re-assessment to ensure the home is clean, safe, and in good repair.
340:75-7-262 is amended to remove length of stay time frame in shelter care prior to admission to emergency foster care.
Subchapter 10 – Emergency Shelter Care
340:75-10-9 is amended to:(1) update capacity and position titles, and (2) remove length of stay and diversion guidelines.
Subchapter 13 - Other Child Welfare Services and Medical Services for children in Out-of-home Care
340:75-13-79 is amended to update form numbers.
Subchapter 15 – Adoptions
340:75-15-88 was amended during the emergency rulemaking process to delete language that allows the court to conditionally approve the home of an adoptive applicant or adult household member with certain criminal convictions.This section has been further amended to require a committee review of any criminal history of foster parent applicants and other household members.
Reasons.The proposed revisions are necessitated by the passage of SB 553 and the Federal Interstate Placement of Foster Children Act of 2006, the need to update adoption, foster care, and investigation procedures, and clarify Title IV-E of the Social Security Act eligibility as it relates to citizenship or alien status.
Repercussions. The proposed rules will ensure a more thorough review of prospective adoptive and foster parents, clarify Title IV-E eligibility, assist in expediting the interstate placement of foster children, and update procedures for child abuse and neglect investigations.If the proposed revisions are not implemented OKDHS rules will not be in compliance with state and federal statutes and children may be separated from relatives longer than necessary when out-of-state placements are required.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; SB 553, and Federal Interstate Placement of Foster Children Act of 2006.
Permanent approval. 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: The classes of persons most likely to be affected by the proposed rules are prospective foster and adoptive parents and foster children. 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 foster children in need of safe, appropriate placements.
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 protective services, foster care, or adoptive homes by strengthening procedures for investigations and approval of placements for children.
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 state and 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 state and federal law, which will have a positive impact on the health, safety, and well-being of foster children by strengthening the background checks and approval process for certain placements.
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 and state regulations, placing children at further risk.The revised rules will have a positive impact on the health, safety, and well-being of foster children by strengthening the background checks and approval process for certain placements.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared December 12, 2007
