OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement

To:Dena Thayer, Programs Administrator

Policy Management Unit

From:Gary Miller, Director

Children and Family Services Division

Date:        November 3, 2008

Re:Chapter 75. CHILD WELFARE

Subchapter 1. General Provision of Child Welfare Services

Part 1. Scope and Applicability

OAC 340:75-1-18. through 340:75-1-18.1 [AMENDED]

OAC 340:75-1-18.4 [AMENDED]

Part 3. Child Welfare Confidentiality

OAC 340:75-1-44 [AMENDED]

Part 10. Oklahoma Children’s Services (OCS)

OAC 340:75-1-152 [AMENDED]

OAC 340:75-1-152.5 [AMENDED]

Subchapter 6. Permanency Planning

Part 1. General Provisions

OAC 340:75-6-4 [AMENDED]

Part 5. Permanency Planning Services

OAC 340:75-6-31 [AMENDED

Part 8.Role of the Child Welfare Worker

OAC 340:75-6-48 [AMENDED]

OAC 340:75-6-50 [AMENDED]

Part 11. Permanency Planning and Placement Services

OAC 340:75-6-85 through 340:75-6-85.1 [AMENDED]

OAC 340:75-6-85.6 [AMENDED]

OAC 340:75-6-88 [AMENDED]

Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services

Part 1. Therapeutic Foster Care

OAC 340:75-8-6 through 340:75-8-9 [AMENDED]

Subchapter 11. Child Welfare Community-based Residential Care

Part 17. Contracted Community-Based Residential Care Providers

OAC 340:75-11-233.1 [AMENDED]

Part 19. Residential Diagnostic and Evaluation Services

OAC 340:75-11-250 [AMENDED]

Part 22.Substance Abuse Treatment Services [NEW]

OAC 340:75-11-275 [NEW]

Part 23. Specialized Community Homes

OAC 340:75-11-289 [AMENDED]

Part 25. Non-funded and Funded Contracted Level B Placements

OAC 340:75-11-300 [AMENDED]

Part 27. Residential Maternity Services

OAC 340:75-11-320 through 340:75-11-321 [AMENDED]

Part 29. Non-Funded and Funded Level C Placements

OAC 340:75-11-330 [AMENDED]

Part 31. Contracted Level D Placements

OAC 340:75-11-350 [AMENDED]

Part 33. Contracted Level D Plus and Level E Placements

OAC 340:75-11-360 [AMENDED]

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

Part 1. Eligibility for Substitute Care Services and Claims for Payment

340:75-13-10 [AMENDED]

Part 3. Income and Resources of the Child

Subchapter 15. Adoptions

Part 2. Legal Base and Scope of the Adoption Program

OAC 340:75-15-5 [AMENDED]

OAC 340:75-15-7 [AMENDED]

Part 6. Adoption Process

OAC 340:75-15-41 [AMENDED]

OAC 340:75-15-43 [AMENDED]

Part 10. Adoptive Integrated Family Assessment and Preparation Process

OAC 340:75-15-82 through 340:75-15-84 [AMENDED]

OAC 340:75-15-87 through 340:75-15-89 [AMENDED]

OAC 340:75-15-91 [AMENDED

(Reference APA WF 08-16)

Contact:Caprice Tyner918-794-7538

A.Brief description of the purpose of the proposed rule:

Purpose.The proposed revisions to Subchapters 1, 6, 8, 11, 13, and 15 of Chapter 75amend the rules to: (1) comply with SB 1525, SB 1421, HB 2958, and HB 2530; and (2) update terminology and procedures to conform to current practice.

Strategic Plan impact.The proposed rules achieve OKDHS goals by providing services that support and strengthen the family and protect its members.

Substantive changes.

340:75-1-18 is amended to clarify that concurrent planning is considered in an ongoing manner for as long as the permanency plan for the child is not achieved.

340:75-1-18.1 is amended to specify that the judge presiding over the deprived action has the authority to make a final determination in the matter and preside over any separate action necessary to finalize a child’s permanency plan, including an adoption, guardianship, or other custody proceeding.

340:75-1-18.4 is amended to update and rephrase information used to determine whether a recommendation of reasonable efforts not required finding is appropriate.

340:75-1-44 is amended to update the procedure for disclosure of information upon the death or near-death of a child.

340:75-1-152 is amended to update CHBS waiting list procedures.

340:75-1-152.5 is amended to update the time frame for when Oklahoma Children’s Services (OCS) contracted services are concluded.

340:75-6-4 is amended to include definitions for Family team meeting and Initial meeting.

340:75-6-31 is amended to update language.

340:75-6-48 is amended to clarify contact requirements with children in different types of placements.

340:75-6-50 is amended to:(1) update language; (2) restructure sentences; and (3) delete reference to surrogate parent and clarify that foster parent may act in place of a parent for educational reasons.

340:75-6-85 is amended to (1) specify that OKDHS may not cite age of an otherwise eligible individual as a reason for denial of placement; and (2) correct spelling.

340:75-6-85.1 is amended to update Section tagline.

340:75-6-85.6 is amended to delete instructive language moved to ITS.

340:75-6-88 is amended to update the time frame for obtaining an initial mental health or developmental screening for children under the age of three years, in foster care.

340:75-8-6 is amended to:(1) clarify that the CW county of jurisdiction worker and the county of placement worker, if different, plan and coordinate each child’s discharge from therapeutic foster care (TFC); and (2) update agency division name.

340:75-8-7 is amended to refine information regarding TFC services.

340:75-8-8 is amended to:(1) update TFC contractor requirements regarding training TFC parents; and (2) clarify that families are not approved as licensed family child care homes and TFC homes.

340:75-8-9 is amended to update the placement procedure for a child five years or younger in TFC.

340:75-11-233.1 is amended to update name of current inpatient reviewer provider.

340:75-11-250 is amended to update a form number.

340:75-11-275 is new rule describing contracted substance treatment services.

340:75-11-289, 340:75-11-300, 340:75-11-320, 340:75-11-321, 340:75-11-330, 340:75-11-350, and 340:75-11-360 are amended to update form numbers.

340:75-13-10 is amended to clarify conditions under which Child Welfare (CW) makes application for a Social Security number.

340:75-15-5 is revised to amend the phrase “resource family” to “Bridge resource family” in accordance with the integrated assessment and current Practice Model being used by OKDHS.This amendment will be found throughout the adoption policy submitted for revision.

340:75-15-7 is amended to add and update definitions relating to adoption.

340:75-15-41 is amended to:(1) detail adoption consultation particulars; (2) update time frames for criteria staffing tasks; (3) update consideration of sibling placement; and (4) delete geographic location information protecting foster parents from identification in accordance with the Bridge portion of the Practice Model.

340:75-15-43 is amended to update sibling placement procedures.

340:75-15-82 is amended to update terminology with current practice.

340:75-15-83 is amended to update terminology.

340:75-15-84 is amended to include a background check request from Family Advocacy for all active or retired military families.

340:75-15-87 is amended to (1) update terminology; and (2) require a background check from Family Advocacy for all active or retired military families prior to adoption authorization.

340:75-15-88 is amended to update terminology.

340:75-15-89 is amended to:(1) update terminology; and (2) specify whether the adoption or resource specialist completes the re-assessment.

340:75-15-91 is amended to update terminology.

Reasons.The proposed revisionsamend the rules to comply with recently passed state legislation and clarify procedures and update terminology to conform to current practice.These amendments are necessary to improve practices in Child Welfare for the benefit of children and families and to provide financial assistance to certain kinship families.

Repercussions. The proposed rules bring the rules into compliance with recently passed state legislation and improve protocols, procedures, and practices for families, certain kinship foster parents, and children in the legal custody and under the legal supervision of OKDHS.If the proposed revisions are not implemented, OKDHS will not be in compliance with state statutes, improved protocols and procedures will not conform to current practice, and certain kinship families may not receive available financial start-up assistance, denying children and sibling groups stable placements.

Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Title 10 of the Oklahoma Statutes; SB 1525, SB 1421, HB 2530 and HB 2958.

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 foster children, certain kinship providers, and families involved in the Child Welfare system. 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, certain kinship providers, and families involved in the Child Welfare system.

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 for kinship start-up stipends is approximately $1,218,190.00.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 and update procedures and terminology to the current practice.

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 mandates or for providing stabilization of placement for children and sibling groups with certain kinship providers.

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 law and current practice which will have a positive impact on the health, safety, and well-being of children, families, and kinship providers.Children will have more stable placements and the ability to achieve permanency in a more timely manner which will benefit the public.

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 state statutes and current agency practice, placing children at further risk of unstable placements and less timely achievement of permanency plans increasing the length of stay in out-of-home care.

K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared November 13, 2008. Modified December 16, 2008 for permanent rulemaking.