COMMENT DUE DATE:
February 3, 2009
DATE:
January 16, 2009
Caprice Tyner CFSD (918) 794-7538
Dena Thayer PMU Manager (405) 521-4326
Nancy Kelly PMU Specialist (405) 522-6703
RE:
APA WF 08-28
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
OAC 340:75-1-26 [Instructions to Staff Only REVISED]
OAC 340:75-1-26.2 [NEW]
Subchapter 3. Child Protective Services
OAC 340:75-3-1 through 340:75-3-2 [AMENDED]
OAC 340:75-3-4 [AMENDED]
OAC 340:75-3-6 [AMENDED]
OAC 340:75-3.7.1 [Instructions to Staff Only REVISED]
OAC 340:75-3-8 through 340:75-3-8.1 [AMENDED]
OAC 340:75-3-8.5 through 340:75-3-8.6 [AMENDED]
OAC 340:75-3-10.1 [AMENDED]
OAC 340:75-3-11 [Instructions to Staff Only REVISED]
Subchapter 7. Foster Home Care
Part 1. General Provisions
OAC 340:75-7-2 [AMENDED]
Part 2. Development of Resources
OAC 340:75-7-10 [AMENDED]
OAC 340:75-7-12 [AMENDED]
OAC 340:75-7-14 through 340:75-7-15 [AMENDED]
OAC 340:75-7-18 [AMENDED]
OAC 340:75-7-24 [Instructions to Staff Only REVISED]
Part 4. Roles and Responsibilities
OAC 340:75-7-37 [AMENDED] through 340:75-7-37.1 [AMENDED]
OAC 340:75-7-41 [AMENDED]
Part 5. Eligibility and Payments
OAC 340:75-7-51 through 340:75-7-52.1 [AMENDED]
Part 6. Foster Home Care Support Services
OAC 340:75-7-65 [AMENDED]
Part 27. Contract Foster Care Program
OAC 340:75-7-280 [NEW]
Subchapter 11. Child Welfare Community-Based Residential Care
Part 23. Specialized Community Homes
OAC 340:75-11-286 [AMENDED]
(Reference APA WF 08-28)
SUMMARY:The proposed revisions to Subchapter 1, 3, and 7 of Chapter 75amend the rules to update language to conform to the Practice Model and Bridge resource family initiatives being implemented by Oklahoma Department of Human Services (OKDHS).The revisions further clarify and set out procedures that enhance the goals of safety and permanency for children and expand the availability of placement resources for children.
340:75-1-26.2 is a new rule to require the acquisition of a death certificate when the Child Welfare (CW) worker becomes aware that a parent is deceased.
340:75-3-1 is amended to update language to conform to the Practice Model being implemented by OKDHS.
340:75-3-2 is amended to:(1) include definitions for impending danger, present danger, safe, safety assessment, and unsafe; and (2) delete obsolete definitions.
340:75-3-4 is amended to update language to conform to the Practice Model.
340:75-3-6 is amended to update language and a form number.
340:75-3-8 is amended to:(1) clarify the purpose of an investigation; (2) include other children living in the home as part of the investigation protocol; and (3) update language.
340:75-3-8.1 is amended to:(1) update language; and (2) add contracted foster care to the investigation protocols.
340:75-3-8.5 is amended to update language.
340:75-3-8.6 is amended to:(1) update language; and (2) update protocol for contact with children during investigation.
340:75-3-10.1 is amended to: (1) update language; (2) correct spelling; and (3) update protocol for placement consideration to assess the potential provider’s abilities.
340:75-7-2 is amended to:(1) add definitions for contract foster care and integrated assessment; and (2) update language.
340:75-7-10 is amended to update language.
340:75-7-12 is amended to:(1) update language; (2) update Bridge resource requirements to include legal residency and participating in initial meetings with biological parents; and (3) allow for disposition of foster care application.
340:75-7-14 is amended to update language.
340:75-7-15 is amended to:(1) clarify that all background investigation results must be obtained prior to approving a Bridge resource home; and (2) update language.
340:75-7-18 is amended to:(1) update language; (2) allow a child safety pool coverinstead of a fence to be used each time a pool is not in use; (3) require a discussion with the Bridge applicant when the national criminal background check results show history; (4) provide a procedure for approval of a Bridge resource home; and (5) update the re-application procedure when a home has been closed more than five years or was closed during an investigation or when a Written Plan of Compliance was required.
340:75-7-37 is amended to:(1) update language; and (2) add responsibility of Bridge resource parent to participate in the initial meeting with the child’s parent.
340:75-7-37.1 is amended to:(1) update language; and (2) specify the resource specialist assists the Bridge resource family in completing travel claims for certain mileage.
340:75-7-41 is amended to:(1) update language; (2) require the resource specialist’s assessment of placement decisions to consider the Bridge resource family’s skills and abilities and specify that the family’s willingness to accept a child is not the major criterion for placement decisions.
340:75-7-51 is amended to:(1) include fingerprint results as a prerequisite to reimbursement for foster care; (2) update language; (3) set out repayment options;and (4) provide procedure for disposition of a warrant upon the death of a Bridge resource parent.
340:75-7-52 is amended to:(1) update language and form numbers; (2) clarify that kinship Bridge resource families may be approved for expedited reimbursements on a case-by-case basis; and (3) clarify that the Bridge resource family receives reimbursement for days a child spends in the home when the child attends a residential program.
340:75-7-52.1 is amended to update language.
340:75-7-65 is amended to:(1) update language; (2) include tribal foster parents providing care for children in tribal custody and contract foster care providers as eligible to apply for child care services; (3) clarify that Bridge resource parents may make occasional informal care arrangements of children if the care is for less than 12 hours; (4) clarify that the alternate caregiver may be used for periods of time over 12 hours; (5) clarify that the Bridge resource family is responsible for the deductible if a claim is made against the liability insurance; and (6) allow for travel reimbursement for Bridge resource parents under certain conditions.
340:75-7-280 is a new rule: (1) providing for contract foster care (CFC); and (2) setting out roles and responsibilities for CFC.
340:75-11-286 is amended to correct a rule cite.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and the Oklahoma Children’s Code of Title 10 of the Oklahoma Statutes.
| 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:December 9, 2009
Re:
CHAPTER 75. CHILD WELFARE
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
OAC 340:75-1-26 [Instructions to Staff Only REVISED]
OAC 340:75-1-26.2 [NEW]
Subchapter 3. Child Protective Services
OAC 340:75-3-1 through 340:75-3-2 [AMENDED]
OAC 340:75-3-4 [AMENDED]
OAC 340:75-3-6 [AMENDED]
OAC 340:75-3.7.1 [Instructions to Staff Only REVISED]
OAC 340:75-3-8 through 340:75-3-8.1 [AMENDED]
OAC 340:75-3-8.5 through 340:75-3-8.6 [AMENDED]
OAC 340:75-3-10.1 [AMENDED]
OAC 340:75-3-11 [Instructions to Staff Only REVISED]
Subchapter 7. Foster Home Care
Part 1. General Provisions
OAC 340:75-7-2 [AMENDED]
Part 2. Development of Resources
OAC 340:75-7-10 [AMENDED]
OAC 340:75-7-12 [AMENDED]
OAC 340:75-7-14 through 340:75-7-15 [AMENDED]
OAC 340:75-7-18 [AMENDED]
OAC 340:75-7-24 [Instructions to Staff Only REVISED]
Part 4. Roles and Responsibilities
OAC 340:75-7-37 [AMENDED] through 340:75-7-37.1 [AMENDED]
OAC 340:75-7-41 [AMENDED]
Part 5. Eligibility and Payments
OAC 340:75-7-51 through 340:75-7-52.1 [AMENDED]
Part 6. Foster Home Care Support Services
OAC 340:75-7-65 [AMENDED]
Part 27. Contract Foster Care Program
OAC 340:75-7-280 [NEW]
Subchapter 11. Child Welfare Community-Based Residential Care
Part 23. Specialized Community Homes
OAC 340:75-11-286 [AMENDED]
(Reference APA WF 08-28)
Contact:Caprice Tyner 918-794-7538
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 1, 3, and 7 of Chapter 75amend the rules to update language to conform to the Practice Model and Bridge resource family initiatives being implemented by Oklahoma Department of Human Services (OKDHS).The revisions further clarify and set out procedures that enhance the goals of safety and permanency for children and expand the availability of placement resources for children.
Strategic Plan impact.The proposed rules achieve OKDHS goals byproviding services that support and strengthen the family and protect its members.
Substantive changes.
340:75-1-26.2 is a new rule to require the acquisition of a death certificate when the County Worker (CW) worker becomes aware that a parent is deceased.
340:75-3-1 is amended to update language to conform to the Practice Model being implemented by OKDHS.
340:75-3-2 is amended to:(1) include definitions for impending danger, present danger, safe, safety assessment, and unsafe; and (2) delete obsolete definitions.
340:75-3-4 is amended to update language to conform to the Practice Model.
340:75-3-6 is amended to update language and a form number.
340:75-3-8 is amended to:(1) clarify the purpose of an investigation; (2) include other children living in the home as part of the investigation protocol; and (3) update language.
340:75-3-8.1 is amended to:(1) update language; and (2) add contracted foster care to the investigation protocols.
340:75-3-8.5 is amended to update language.
340:75-3-8.6 is amended to: (1) update language; and (2) update protocol for contact with children during investigation.
340:75-3-10.1 is amended to: (1) update language; (2) correct spelling; and (3) update protocol for placement consideration to assess the potential provider’s abilities.
340:75-7-2 is amended to:(1) add definitions for contract foster care and integrated assessment; and (2) update language.
340:75-7-10 is amended to update language.
340:75-7-12 is amended to:(1) update language; (2) update Bridge resource requirements to include legal residency and participating in initial meetings with biological parents; and (3) allow for disposition of foster care application.
340:75-7-14 is amended to update language.
340:75-7-15 is amended to:(1) clarify that all background investigation results must be obtained prior to approving a Bridge resource home; and (2) update language.
340:75-7-18 is amended to:(1) update language; (2) allow a child safety pool coverinstead of a fence to be used each time a pool is not in use; (3) require a discussion with the Bridge applicant when the national criminal background check results show history; (4) provide a procedure for approval of a Bridge resource home; and (5) update the re-application procedure when a home has been closed more than five years or was closed during an investigation or when a Written Plan of Compliance was required.
340:75-7-37 is amended to:(1) update language; and (2) add responsibility of Bridge resource parent to participate in the initial meeting with the child’s parent.
340:75-7-37.1 is amended to:(1) update language; and (2) specify the resource specialist assists the Bridge resource family in completing travel claims for certain mileage.
340:75-7-41 is amended to:(1) update language; (2) require the resource specialist’s assessment of placement decisions to consider the Bridge resource family’s skills and abilities; and (4) specify that the family’s willingness to accept a child is not the major criterion for placement decisions.
340:75-7-51 is amended to:(1) include fingerprint results as a prerequisite to reimbursement for foster care; (2) update language; (3) set out repayment options;and (4) provide procedure for disposition of a warrant upon the death of a Bridge resource parent.
340:75-7-52 is amended to:(1) update language and form numbers; (2) clarify that kinship Bridge resource families may be approved for expedited reimbursements on a case-by-case basis; and (3) clarify that the Bridge resource family receives reimbursement for days a child spends in the home when the child attends a residential program.
340:75-7-52.1 is amended to update language.
340:75-7-65 is amended to:(1) update language; (2) include tribal foster parents providing care for children in tribal custody and contract foster care providers as eligible to apply for child care services; (3) clarify that Bridge resource parents may make occasional informal care arrangements of children if the care is for less than 12 hours; (4) clarify that the alternate caregiver may be used for periods of time over 12 hours; (5) clarify that the Bridge resource family is responsible for the deductible if a claim is made against the liability insurance; and (6) allow for travel reimbursement for Bridge resource parents under certain conditions.
340:75-7-280 is a new rule: (1) providing for contract foster care (CFC); and (2) setting out roles and responsibilities for CFC.
340:75-11-286 is amended to correct a rule cite.
Reasons.The proposed revisionswill provide consistency in the rule and practice vernacular and provide new, and update and clarify existing, procedures to enhance service delivery for children, families, and resource parents.
Repercussions. The proposed rules will enhance service delivery for children, families, and resource parents.No negative repercussions are anticipated.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and the Oklahoma Children’s Code of Title 10 of the Oklahoma Statutes.
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 children in out-of-home care, resource parents, and families. 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 out-of-home care, resource parents, and families.
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 for children, resource parents, and families to support and strengthen families and protect 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 revising the rules.
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 conformity with current practice, which will have a positive impact on the health, safety, and well-being of children, resource parents, and families by enhancing service delivery.
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, services to children and families will be negatively impacted, placing children at risk and reducing the availability of placements for children.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared December 9, 2008.Modified January 15, 2009 for permanent rulemaking.
