COMMENT DUE DATE:
September 26, 2008
September 16, 2008
Caprice Tyner CFSD (918) 588-1750
Dena Thayer PMU Manager (405) 521-4326
Nancy Kelly PMU Specialist (405) 522-6703
APA WF 08-11
The proposed policy is Emergency . This proposal will go to the Commission meeting on
Chapter 75. Child Welfare
Subchapter 7. Kinship PlacementsPart 2. Development of Resources
OAC 340:75-7-24 [AMENDED]
(Reference APA WF 08-11)
SUMMARY: The proposed revisions to Subchapter 7of Chapter 75amend the rules to provide information regarding the kinship start-up stipend now available to certain kinship families.
340:75-7-24 is revised to provide information regarding the kinship start-up stipend now available to certain kinship families.
EMERGENCY APPROVAL: Emergency rulemaking approval is requested as OKDHS finds compelling public interest to inform kinship families and agency staff of a financial resource now available to certain kinship families fostering a child or sibling group.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution, and Title 10 of the Oklahoma Statutes.
State of Oklahoma
DEPARTMENT OF HUMAN SERVICES
RULE IMPACT STATEMENT
To:Dena Thayer, Programs Administrator
Policy Management Unit
From:Gary Miller, Director
Date:September 5, 2009
Re:Chapter 75. Child Welfare
Subchapter 7.Kinship PlacementsPart 2. Development of Resources
OAC 340:75-7-24 [AMENDED]
(Reference APA WF 08-11)
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 7of Chapter 75amend the rules to provide information regarding the kinship start-up stipend now available to certain kinship families.
Strategic Plan impact.The proposed rules improve systems and processes to achieve OKDHS goals.
340:75-7-24 is amended to provide information regarding the kinship start-up stipend now available to certain kinship families.
Reasons.The proposed revisions are necessary to inform kinship families and agency staff of a resource now available to kinship families.
Repercussions. The proposed rules will provide additional financial support to certain kinship families who foster children or sibling groups.If the proposed revisions are not implemented this financial resource may be underutilized.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution, and Title 10 of the Oklahoma Statutes.
Emergency approval.Emergency rulemaking approval is requested as OKDHS finds compelling public interest to inform kinship families and agency staff of a financial resource now available to certain kinship families fostering a child or sibling group.
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 kinship care and certain kinship families eligible for the start-up stipend.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 kinship care and certain kinship families who have had a kinship child in their home for 14 days.
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 is approximately $1,218,190.00 per year.The cost of printing and distributing the rules, is estimated to be less than $20.Funds are currently available in the agency budget to cover these costs.The revised rules will result in enhancing stabilization of placements for children and sibling groups.
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 methods for providing enhancing financial support for kinship placements for children and sibling groups.
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 have a positive impact on the health, safety, and well-being of children and sibling groups placed in kinship homes by providing a financial resource to enhance the care of these children.
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, children and sibling groups may not receive the financial resources to which the fostering family is entitled causing potential impairment to the placement.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared:September 9, 2008.
SUBCHAPTER 7. KINSHIP PLACEMENTS
PART 2. DEVELOPMENT OF RESOURCES
340:75-7-24. Kinship placements
(a) Kinship care.Kinship care is considered as the first option in providing care for the child requiring out-of-home placement, provided the child's needs are met and safety is reasonably ensured in the kinship placement.A kinship placement is assessed as a potential permanent placement for the child if reunification is not achieved.Kinship relationships do not require a blood relationship.The types of kinship relationships are identified in (1) through (6).
(1) Related by blood.Blood relatives considered as kinship, including half-blood, are:
(B) grandparents, including those denoted by prefixes of great and great-great;
(C) aunts and uncles, including those denoted by prefixes of great and great‑great;
(D) nieces and nephews, including those denoted by prefixes of grand and great‑grand; and
(2) Related by marriage.Per OAC 340:75-7-24(a)(1), relationships by marriage, whether common-law or ceremonial, including step-relations and even after the marriage is terminated by death or divorce, are considered kinship.
(3) Related by adoption.Relatives by adoption, per OAC 340:75-7-24(a)(1) and (2), are considered kinship.
(4) Paternal relatives.Paternal relatives, per OAC 340:75-7-24(a)(1) through (3), of children born out of wedlock, are considered kinship.
(5) Related by emotional tie or bond.An emotional tie or bond exists when a child or the child's parent acknowledges and accepts a person as part of the extended family or in the family's close network of friends and relationships.The family relationship role exists prior to the necessity for out-of-home placement of the child.• 1
(6) Noncustodial parent.A child returned to or placed with a noncustodial parent or a parent whose rights were terminated is not a kinship placement.Biological parents are not kinship resources and are not eligible for foster care reimbursement.• 2
(b) Initial kinship placement.A child may be placed in a kinship foster home prior to completion of the resource family assessment and pre-service training, provided:
(1) Form 04FC001E, Initial Kinship Placement Agreement, is completed and signed;
(2) Forms 04AF001E, Resource Family Assessment Application, and 04AD003E, Request for Background Check, are completed and signed, per OAC 340:75-7-15 and 340:75-7-18;
(3) an Oklahoma Department of Human Services (OKDHS) records search, including Child Welfare (CW) records, is completed and documented on Form 04AF007E, Records Check;
(4) Form 04AF004E, House Assessment, is completed and approved; and
(5) three personal references, only one of whom is a family member, are interviewed by phone.• 3
(c) Kinship reimbursement option.The kinship applicant may opt for payment by OKDHS or a money payment for which the child is eligible instead of the foster home reimbursement.
(1) The foster home reimbursement is reduced by the amount of the money payment if the money payment is less than the foster home reimbursement.Refer to OAC 340:75-7-52.1 for Supplemental Security Income (SSI) or Social Security Administration (SSA) benefits received for a parent who is deceased or disabled.
(2) Payment may include:
(A) other financial resources, per OAC 340:75-13-28; or
(B) Temporary Assistance for Needy Families (TANF) benefits, per OAC 340:10‑9.• 4
(d) Kinship requirement.All kinship foster homes, paid or non-paid, must meet the same requirements as all other CW foster homes.Kinship foster homes, that have not been approved within the preceding five years, are entitled to receive:
(1) a one-time kinship start-up stipend to assist with initial expenditures for each child placed in the home forfourteen days; and
(2) a training stipend
as set in OKDHS Appendix C-20, Children and Family Services Division Rates Schedule, at after enrollment and after completion of the pre-service training when a child has been placed in the home. The kinship start-up stipend and the training stipends are set out in OKDHS Appendix 04AX003E, Children and Family Services Division Rates Schedule.For paid kinship foster homes, reimbursements begin at the time requirements are met and are not retroactive.
INSTRUCTIONS TO STAFF 340:75-7-24
1.Exception.An exception may be requested from the Children and Family Services Division (CFSD) Foster Care Section when a diligent search has been completed per OAC 340:75-6-85.2 and documented in the child's KIDS case.An exception may be requested when:
(1) a specialized skill is needed to care for the child;
(2) a teenager has found placement through a connection in the community; or
(3) a child in permanent custody or long-term placement has a connection in the community.
2.Kinship.Every effort is made to place a child in a kinship placement.The resource specialist carefully considers the child's physical and emotional health and safety in identifying potential kin providers.
3.Initial kinship placement.An Oklahoma Department of Human Services (OKDHS) records search, including Child Welfare (CW) records, is completed first on potential kinship providers and documented on Form 04AF007E, Records Check.If the resource specialist does not complete the initial kinship placement, the CW worker provides all necessary paperwork to the resource specialist within two working days.The resource specialist:
(1) copies KIDS Pre‑Resource screen to a Resource after the child is placed in a kinship foster home and the initial placement requirements are completed, per OAC 340:75‑7‑24;
(2) documents the relationship of the kinship provider in KIDS Resource General Information screen.When requesting an out-of-county kinship placement, a KIDS Pre-Resource is assigned to the county in which the kinship provider resides with the information from the CW records search;
(3) end dates the KIDS Pre-Resource after the conversion to a Resource; and
(A) Form 04FC001E, Initial Kinship Placement Agreement;
(B) the criminal records search, OKDHS records review, background checks, and Juvenile Justice Information System (JOLTS) review for any child older than 13 years of age residing in the home, per OAC 340:75-7-15;
(C) Form 04AF004E, House Assessment, and submits to the CW supervisor for review; and
(D) an interview by phone with three personal references, only one of whom is a family member.
4.Kinship reimbursement.The resource specialist:
(1) refers relative kinship providers to the local OKDHS office for the application of Temporary Assistance for Needy Families (TANF) benefits pending completion of the assessment process as a paid foster family;
(2) to avoid an overpayment, informs the Family Support Services worker within one day when the requirements are met for foster care;
(3) at the initial consultation, has the kinship provider sign a contract, per OAC 340:75-7-52 Instructions to Staff, or for non-paid kinship, sign Form 04FC002E, Nonpaid Agreement;
(4) enters a training stipend adjustment in KIDS for a kinship foster family at the time of enrollment in training and a final stipend adjustment upon completion of training requirements.The training stipend is set out in OKDHS Appendix C-20, Children and Family Services Division Rates Schedule. The stipend request is made in KIDS Resource Claims screen.Stipends are entered as a claim adjustment; and
(5) consults with the CW supervisor and determines whether an exception is necessary.
(A) Exceptions for payments made before requirements are completed are considered on a case-by-case basis.
(B) A request for a one-time 60-day waiver is made only after all efforts by the county to expedite training or the home study are exhausted, and the efforts are documented in KIDS Resource Contacts screens.
(C) A written request and a waiver request on KIDS is submitted to CFSD Foster Care Section by the CW supervisor.
(i) The types of training waivers are a:
(I) temporary waiver when pre-service training is not available and all other requirements are met; and
(II) permanent waiver when a spouse is incapacitated, available only after the primary kinship provider completes the pre-service training.
(ii) A home assessment waiver is requested when:
(I) the resource specialist has not completed the home assessment timely; or
(II) any required documentation is not received.