COMMENT DUE DATE:
April 28, 2009
DATE:
April 15, 2009
Caprice Tyner CFSD (918) 588-1750
Dena Thayer PMU Manager (405) 521-4326
Nancy Kelly PMU Specialist (405) 522-6703
RE:
APA WF 09-08
The proposed policy is Emergency . This proposal will go to the Commission meeting on
CHAPTER 75. CHILD WELFARE
Subchapter 6. Permanency Planning
Part 5. Permanency Planning Services
OAC 340:75-6-31.4 [AMENDED]
(Reference APA WF09-08)
SUMMARY:The proposed revisions to Subchapter 6 of Chapter 75amend the rules to broaden eligibility for the supported permanency program to reduce time to permanency for eligible children.
SUBSTANTIVE CHANGES:OAC 340:75-6-31.4 is amended to: (1) broaden eligibility for the supported permanency program; and (2) update terminology.
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 Manager
Policy Management Unit
From:Gary Miller, Director
Children and Family Services Division
Date:April 2, 2009
Re:CHAPTER 75. CHILD WELFARE
Subchapter 6. Permanency Planning
Part 5. Permanency Planning Services
OAC 340:75-6-31.4 [AMENDED]
(Reference APA WF09-08)
Contact:Caprice Tyner 918-794-7538
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 6 of Chapter 75amend the rules to broaden eligibility for the supported permanency program to reduce time to permanency for eligible children.
Strategic Plan impact.The proposed rules achieve OKDHS goals by providing support to strengthen permanency options for children and families.
Substantive changes.340:75-6-31.4 is amended to: (1) broaden eligibility for the supported permanency program; and (2) update terminology.
Reasons.The proposed revisions will increase the number of children eligible for the supported permanency program.
Repercussions.The proposed rules will assist OKDHS in achieving permanency for children and will reduce the number of children required to remain in the care and under the supervision of OKDHS.If the proposed revisions are not implemented, permanency for some children will be delayed and they will remain in OKDHS custody.
Legal authority.Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Section 7003-5.6b of Title 10 of the Oklahoma Statutes; and the Deficit Reduction Act of 2005; Parts 261.2, 261.60, 261.61 and 262.2 of Title 45 of the Code of Federal Regulations (CFR).
Emergency approval.Emergency rulemaking approval is requested as OKDHS finds compelling public interest to broaden eligibility for the supported permanency program to reduce delay in achieving permanency goals for children.
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 OKDHS custody and their relatives. 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 OKDHS custody and their relatives.
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 TANF budget is sufficient to pay for the increased eligibility for the Supported Permanency Program without asking for an increase in the current TANF budget.The revised rules will result in broadened eligibility for children in OKDHS custody reducing the delay in achieving the permanency goal for certain 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 compliance.
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 broaden eligibility for the supported permanency program which will have a positive impact on the health, safety, and well-being of children in OKDHS custody and their relatives by enabling the achievement of permanency goals.
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, certain children will not be eligible for the support permanency program and will be required to remain in OKDHS custody until the current age requirements are met.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared April 2, 2009; modified April 13, 2009.
SUBCHAPTER 6. PERMANENCY PLANNING
PART 5. PERMANENCY PLANNING SERVICES
340:75-6-31.4. Supported Permanency
Revised 7-1-09
When a child in the custody of Oklahoma Department of Human Services (OKDHS) is placed in a paid kinship foster home with a relative who resides in Oklahoma and meets the specified degree of relationship as defined by the Temporary Assistance for Needy Families (TANF) program, per OAC 340:10-9-1(a), Supported Permanency may be explored, subject to the availability of funds.
(1) Supported Permanency is appropriate when the:
(A) child is age 12 or older meets age requirements as determined by OKDHS or has a an eligible sibling age 12 or older who meets the requirements and resides in the same relative foster home;
(B) court makes a finding that reasonable efforts to reunite are not required or have been made and failed, and the permanency plans of reunification and adoption have been ruled out;
(C) relative has completed all requirements to be an approved OKDHS foster home;
(D) child is currently residing with the relative in Oklahoma and has been for four of the previous six months;
(E) relative is willing to assume legal responsibility; and
(F) court and, if appropriate, the child are in agreement with the plan for the relative to obtain legal responsibility.
(2) Supported Permanency provides the relative with:
(A) monetary reimbursement to an attorney for the legal costs incurred in the transfer of legal responsibility of the child;
(B) a monthly cash benefit payment standard for the child, per OKDHS Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule XVII;
(C) a medical card for the child; and
(D) an assigned Family Support Services worker to provide referrals for services, if needed.
