COMMENT DUE DATE:
November 30, 2007
DATE:
November 28, 2007
Caprice Tyner CFSD (918) 588-1750
Dena Thayer PMU Manager (405) 521-4326
Nancy Kelly PMU Specialist (405) 522-6703
RE:
Non-APA WF 07-LL
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
The proposed effective date is 12-3-07.
CHAPTER 75. CHILD WELFARE
Subchapter 6. Permanency Planning
Part 7. Interstate Case Plans
340:75-6-40.5 [Instructions to Staff Only Revised]
(Reference APA WF 07-LL)
SUMMARY:340:75-6-40.5 Instructions to Staff (ITS) is amended to include instructions for court report attachments related to psychological evaluation, drug or alcohol testing, treatment or referral.
SUBCHAPTER 6. PERMANENCY PLANNING
PART 7. CASE PLANS
340:75-6-40.5. Court reports
(a) Form 04KI011E, Preadjudication Court Report, is submitted for any court hearing prior to the child's adjudication.
(b) Form 04KI013E, Individualized Service Plan (ISP) Dispositional Report, is submitted for the initial disposition hearing.
(c) Form 04KI009E, Court Report, or 04KI014E, Individualized Service Plan (ISP) Progress Report, is submitted for review hearings held no later than six months after the date of the child's out-of-home placement and at least every six months thereafter, and permanency hearings as required by Section 7003-5.6d of Title 10 of the Oklahoma Statutes and OAC 340:75-1-18.1.
(d) Form 04KI009E, 04KI014E, 04KI013E, or 04KI011E is prepared and submitted according to judicial procedure in the county of jurisdiction or no later than three judicial days prior to each hearing and a copy is provided to and discussed with the child's parent(s).Reports, correspondence, and information provided by other professionals working with the family, including the foster parent, are attached or incorporated into the applicable report to the court.¢ 1
INSTRUCTIONS TO STAFF 340:75-6-40.5
1.Court reports.
(1) Information.The information that is included in Forms 04KI011E, Preadjudication Court Report, 04KI009E, Court Report, 04KI013E, Individualized Service Plan (ISP) Dispositional Report, and 04KI014E, Individualized Service Plan (ISP) Progress Report, is outlined in the forms instructions prepared for each form.These instructions are located on the Oklahoma Department of Human Services (OKDHS) InfoNet under Forms.
(2) OKDHS recommendations.The CW worker makes a recommendation regarding disposition of the child's case on every Form 04KI011E, 04KI009E, 04KI013E, or 04KI014E.This includes, but is not limited to, child's custody arrangement, legal status, and requests for court action or approval.
(A) The recommendation is made after staffing the current case status with the CW supervisor and is based on the parent(s)' progress and child's need for permanency.The recommendation is not based on the anticipated response or receptivity of the court.
(B) A concise explanation is provided to support the reasons for the recommendation.
(3) Recommended findings.At each dispositional or review hearing, the court makes findings based on the circumstances of the case.The recommended findings in KIDS and documentation that is required on Form 04KI011E, 04KI009E, 04KI013E, or 04KI014E for the judicial finding are described in (A) through (I).
(A) Active efforts are being made to reunite the child with his or her family.This finding is used in cases where the court makes a judicial finding that the Indian Child Welfare Act (ICWA) applies.The CW worker describes the active efforts made, such as involving and assisting the parent(s) in completing the plan, visiting the child, or obtaining the parent(s)' compliance, if the parent(s) is not working the plan.
(B) Active efforts have been made and failed and are no longer feasible.This finding is used in cases where the court makes a judicial finding that ICWA applies.The CW worker describes the active efforts made to obtain the parent(s)' compliance and reasons that further efforts are no longer feasible.
(C) Reasonable efforts are being made to reunite the child with his or her family.The CW worker describes efforts to refer to, arrange for, or develop reasonable supportive and rehabilitative services that assist the family in the safe reunification of the child or the efforts made to obtain the parent(s)' compliance, if the parent(s) is not working the plan.
(D) Reasonable efforts have been made and failed.The CW worker describes efforts to refer to, arrange for, or develop reasonable supportive and rehabilitative services that assist the family in the safe reunification of the child and the reasons that further efforts are no longer feasible.
(E) Reasonable efforts are being made to secure an alternate permanent placement for the child.The CW worker describes activities to locate an alternative permanent placement for the child when other options, including adoption, relative or kinship placement, or guardianship have been explored but are not appropriate.
(F) Reasonable efforts are being made to timely place the child in accordance with the permanency plan.The CW worker describes the necessary steps taken to finalize the child's permanency plan, including the consideration of in-state and out-of-state placement options.
(G) Reasonable efforts to reunite the child with the family are not required.The CW worker describes the reasons reasonable efforts are not required based on the statutorily defined reasons, per OAC 340:75‑1-18.4.
(H) Independent living (IL) services are appropriate.For any youth, age 16 or older, in out‑of-home care, the CW worker describes the services provided to assist the youth in the development of IL skills needed to successfully transition into adulthood.
(I) Independent living (IL) services are not appropriate.For any youth in out-of-home care, age 16 or older, for whom the determination is made that the youth is not capable of receiving IL services, the CW worker describes the basis for this determination.
(4) Child(ren)'s situation.When completing information for the Children's Situation section, the CW worker does not list the:
(A) proper name of the placement provider, but refers to the title, for example, relative, foster parent, or trial adoptive parent;
(B) placement provider's address, phone number, or county of residence; and
(C) the name or location of the school the child attends.
(5) Attachments related to a psychological evaluation, drug or alcohol testing, treatment or referral.
(A) Upon receipt of a report that contains the following statement: “This information has been disclosed to you from records protected by Federal confidentiality rules (42 CFR Part 2).The Federal rules prohibit you from making any further disclosure of this information unless further disclosure is expressly permitted by the written consent of the person to whom it pertains or as otherwise permitted by 42 CFR Part 2.A general authorization for the release of medical or other information is NOT sufficient for this purpose.The Federal Rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patient.”, the CW worker does not attach the entire report to the progress report.The CW worker reports in the progress report that the evaluation, testing, or treatment has occurred and attaches a copy of the recommendations page, if applicable.
(B) If the court requires the entire report, the CW worker requests that the parent sign a release of information with the provider that complies with the federal 42 CFSR Part 2 regulations that designates those entitled to have the information; including, but not limited to the court, the district attorney, the child’s attorney, the parent’s attorney, and OKDHS.Upon receipt of the report, the CW worker provides copies to only those individuals designated on the release and requests the court’s copy be filed under seal in order that those who have statutory access to the legal record, but were not included in the release, cannot access the sealed information.
(56) Protocol for multiple county assignments.
(A) The CW county of jurisdiction worker e-mails all assigned CW workers and supervisors, with the exception of facility liaisons, no later than two weeks prior to the court review and includes:
(i) date of court review;
(ii) notification of opening KIDS court report; and
(iii) request for each assigned worker to enter all applicable information by a specified date, including a recommendation regarding permanency for the child, services required, and visitation issues.
(B) If there is disagreement regarding any case related issues, the CW worker not in agreement consults with his or her CW supervisor to determine necessary action via:
(i) teleconference; or
(ii) face-to-face staffing among all assigned CW staff.
(C) Pertinent information entered in the court report is not changed without notification to the CW worker who entered the information.
(67) Documentation of court hearings.The CW county of jurisdiction worker enters complete, detailed information in the applicable KIDS Court Hearing screens no later than 15 days after a court hearing is held.
(78) Court hearing documentation and notification protocol for multiple county assignments.The CW county of jurisdiction worker:
(A) e-mails all assigned CW workers and supervisors no later than one working day after a court hearing is held and includes:
(i) any major changes regarding visitation, custody status, placement decisions, or service provisions; and
(ii) date of next court hearing; and
(B) provides a copy of the most recent court order to the CW county of service or placement worker within two working days of receipt.
