COMMENT DUE DATE:
November 10, 2009
DATE:
October 29, 2009
Caprice Tyner CFSD (918) 588-1750
Dena Thayer PMU Manager (405) 521-4326
Nancy Kelly PMU Specialist (405) 522-6703
RE:
APA WF 09-19
The proposed policy is Emergency . This proposal is not subject to Administrative Procedures Act
Chapter 75. Child Welfare
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
340:75-1-9 [AMENDED]
340:75-1-12 [AMENDED]
340:75-1-12.6 [AMENDED]
340:75-1-14 [AMENDED]
340:75-1-16 [AMENDED]
340:75-1-17 [AMENDED]
340:75-1-18 [AMENDED]
340:75-1-18.1 [AMENDED]
340:75-1-18.2 [REVOKED]
340:75-1-18.3 [AMENDED]
340:75-1-18.4 [AMENDED]
340:75-1-20 [AMENDED]
340:75-1-21 [AMENDED]
340:75-1-23 [AMENDED]
340:75-1-23.1 [NEW]
340:75-1-29 [AMENDED]
Part 3. Child Welfare Confidentiality
340:75-1-42 [AMENDED]
340:75-1-44 [AMENDED]
340:75-1-45 [AMENDED]
340:75-1-46 [AMENDED]
Subchapter 4. Family-Centered and Community Services
Part 1. Voluntary Family-Centered Services
340:75-4.9 [AMENDED]
340:75-4-12.1 [AMENDED]
340:75-4-12.2 [REVOKED]
340:75-4.13 [AMENDED]
340:75-4.14 [AMENDED]
Subchapter 6. Permanency Planning
Part 1. General Provisions
340:75-6-1 [AMENDED]
340:75-6-4 [AMENDED]
Part 5. Permanency Planning Services
340:75-6-30 [AMENDED]
340:75-6-31 [AMENDED]
340:75-6-31.1 [AMENDED]
340:75-6-31.2 [AMENDED]
340:75-6-31.3 [AMENDED]
340:75-6-31.4 [ITS ONLY AMENDED]
340:75-6-31.5 [AMENDED]
Part 7. Case Plans Family and Child Individualized Service Planning Components
340:75-6-40 [AMENDED]
340:75-6-40.1 [AMENDED]
340:75-6-40.3 [AMENDED]
340:75-6-40.4 [AMENDED]
340:75-6-40.5 [AMENDED]
340:75-6-40.6 [AMENDED]
340:75-6-40.7 [REVOKED]
340:75-6-44 [AMENDED]
340:75-6-45 [AMENDED]
340:75-6-46 [AMENDED]
Part 8. Role of the Child Welfare Worker
340:75-6-48 [AMENDED]
340:75-6-48.1 [AMENDED]
340:75-6-48.2 [AMENDED]
340:75-6-48.3 [AMENDED]
340:75-6-49 [AMENDED]
340:75-6-50 [AMENDED]
Part 11. Permanency Planning and Placement Services
340:75-6-85 [AMENDED]
340:75-6-85.1[REVOKED]
340:75-6-85.2 [AMENDED]
340:75-6-85.3 [AMENDED]
340:75-6-85.4 [AMENDED]
340:75-6-85.5 [AMENDED]
340:75-6-85.6 [AMENDED]
340:75-6-88 [AMENDED]
340:75-6-91 [AMENDED]
Part 13. Independent Living
340:75-6-110 [AMENDED]
340:75-6-114 [AMENDED]
340:75-6-115 [AMENDED]
340:75-6-115 [AMENDED]
340:75-6-115.1 [AMENDED]
340:75-6-115.3 [AMENDED]
340:75-6-115.4 [AMENDED]
340:75-6-115.5 [AMENDED]
340:75-6-115.6 [AMENDED]
340:75-6.115.7 [AMENDED]
340:75-6-115.8 [REVOKED]
340:75-6-115.9 [AMENDED]
Subchapter 7. Foster Home Care
Part 1. General Provisions
340:75-7-2 [AMENDED]
Part 2. Development of Resources
340:75-7-10 [ITS ONLY AMENDED]
340:75-7-12 [AMENDED]
340:75-7-14 [AMENDED]
340:75-7-15 [AMENDED]
340:75-7-18 [AMENDED]
340:75-7-24 [AMENDED]
Part 4. Roles and Responsibilities
340:75-7-37 [AMENDED]
340:75-7-37.1 [AMENDED]
340:75-7-41 [AMENDED]
Part 5. Eligibility and Payments
340:75-7-52 [AMENDED]
Part 6. Foster Home Care Support Services
340:75-7-65 [AMENDED]
Part 8. Continuous Quality Assessment of a Resource Home
340:75-7-94 [AMENDED]
Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services
Part 1.Therapeutic Foster Care
340:75-8-1 [AMENDED]
340:75-8-6 [AMENDED]
340:75-8-7 [AMENDED]
340:75-8-9 [AMENDED]
340:75- 8-10 [AMENDED]
340:75-8-13 [ITS ONLY AMENDED]
340:75-8-14 [ITS ONLY AMENDED]
Subchapter 11 – Contracted Community-Based Residential Care Providers
Part 17. Contracted Community-Based Residential Care Providers
340:75-11-230 [AMENDED]
340:75-11-233 [AMENDED]
340:75-11-233.1 [AMENDED]
340:75-11-237 [ITS ONLY AMENDED]
340:75-11-238 [ITS ONLY AMENDED]
340:75-11-239 [ITS ONLY AMENDED]
340:75-11-240 [AMENDED]
Part 19. Residential Diagnostic and Evaluation Services
340:75-11-250 [AMENDED]
Part 21. Residential Intensive Treatment Services
340:75-11-265 [AMENDED]
Part 23. Specialized Community Homes
340:75-11-287 [AMENDED]
Part 25. Non-Funded and Funded Contracted Level B Placements
340:75-11-301 [AMENDED]
Part 27. Residential Maternity Services
340:75-11-320 ITS [AMENDED]
Part 29. Non-Funded and Funded Level C Placements
340:75-11-330 [AMENDED]
Subchapter 15. Adoptions
Part 2. Legal Base and Scope of the Adoption Program
340:75-15-8 [AMENDED]
Part 6. Adoption Process
340:75-15-41 [AMENDED]
340:75-15-43 [REVOKED]
Part 8. Adoptive Placement Process
340:75-15-59 ITS [AMENDED]
340:75-15-61 [AMENDED]
340:75-15-61 ITS [AMENDED]
340:75-15-62 [AMENDED]
Part 10. Integrated Family Assessment and Preparation Process
340:75-15-85 [AMENDED]
340:75-15-92 [AMENDED]
Part 12. Post Placement Services
340:75-15-103 [AMENDED]
340:75-15-106 [AMENDED]
340:75-15-107 [ITS ONLY AMENDED]
340:75-15-108 [AMENDED]
Subchapter 16. Mental Health Treatment Services
Part 1. Inpatient Mental Health Treatment
340:75-16-28 [AMENDED]
340:75-16-29 [AMENDED]
340:75-16-30 [ITS ONLY AMENDED]
340:75-16-34 [AMENDED]
340:75-16-37 [AMENDED]
340:75-16-38 [AMENDED]
(Reference APA WF(09-19)
SUMMARY:The proposed revisions to Subchapters 1, 4, 6, 7, 8, 11, 15, and 16of Chapter 75amend the rules to bring the rules into conformity with federal and state statutory requirements, and the Oklahoma Department of Human Services (OKDHS) enhanced Practice Model for Child Welfare Services initiative.Several pieces of significant legislation were enacted during the First Session of the 52nd Legislature in 2009, including: (1) House Bill 2028 (HB 2028) that updated, reformed, and recodified the laws relating to deprived children known as the Oklahoma Children’s Code; (2) HB 1734 that significantly effected the operations of OKDHS Child Welfare Services; and (3) the incorporation of requirements from the federal Fostering Connections to Success and Increasing Adoptions Act of 2008.
EMERGENCY APPROVAL:Emergency rulemaking approval is requested as OKDHS finds compelling public interest torevisions bring the rules into conformity with federal and state statutory requirements and the Oklahoma Department of Human Services (OKDHS) enhanced Practice Model for Child Welfare Services initiative.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; the Oklahoma Children’s Code of Title 10A of the Oklahoma Statutes; House Bill (HB) 2028; HB 1734; and Senate Bill 339.
| 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:October 20, 2009
Re:Oklahoma Administrative Code (OAC)
Title 340. Department of Human Services
Chapter 75. Child Welfare
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
340:75-1-9 [AMENDED]
340:75-1-12 [AMENDED]
340:75-1-12.6 [AMENDED]
340:75-1-14 [AMENDED]
340:75-1-16 [AMENDED]
340:75-1-17 [AMENDED]
340:75-1-18 [AMENDED]
340:75-1-18.1 [AMENDED]
340:75-1-18.2 [REVOKED]
340:75-1-18.3 [AMENDED]
340:75-1-18.4 [AMENDED]
340:75-1-20 [AMENDED]
340:75-1-21 [AMENDED]
340:75-1-23 [AMENDED]
340:75-1-23.1 [NEW]
340:75-1-29 [AMENDED]
Part 3. Child Welfare Confidentiality
340:75-1-42 [AMENDED]
340:75-1-44 [AMENDED]
340:75-1-45 [AMENDED]
340:75-1-46 [AMENDED]
Subchapter 4. Family-Centered and Community Services
Part 1. Voluntary Family-Centered Services
340:75-4.9 [AMENDED]
340:75-4-12.1 [AMENDED]
340:75-4-12.2 [REVOKED]
340:75-4.13 [AMENDED]
340:75-4.14 [AMENDED]
Subchapter 6. Permanency Planning
Part 1. General Provisions
340:75-6-1 [AMENDED]
340:75-6-4 [AMENDED]
Part 5. Permanency Planning Services
340:75-6-30 [AMENDED]
340:75-6-31 [AMENDED]
340:75-6-31.1 [AMENDED]
340:75-6-31.2 [AMENDED]
340:75-6-31.3 [AMENDED]
340:75-6-31.5 [AMENDED]
Part 7. Case Plans Family and Child Individualized Service Planning Components
340:75-6-40 [AMENDED]
340:75-6-40.1 [AMENDED]
340:75-6-40.2 [AMENDED]
340:75-6-40.3 [AMENDED]
340:75-6-40.4 [AMENDED]
340:75-6-40.5 [AMENDED]
340:75-6-40.6 [AMENDED]
340:75-6-40.7 [REVOKED]
340:75-6-44 [AMENDED]
340:75-6-45 [AMENDED]
340:75-6-46 [AMENDED]
Part 8. Role of the Child Welfare Worker
340:75-6-48 [AMENDED]
340:75-6-48.1 [AMENDED]
340:75-6-48.2 [AMENDED]
340:75-6-48.3 [AMENDED]
340:75-6-49 [AMENDED]
340:75-6-50 [AMENDED]
Part 11. Permanency Planning and Placement Services
340:75-6-85 [AMENDED]
340:75-6-85.1 [REVOKED]
340:75-6-85.2 [AMENDED]
340:75-6-85.3 [AMENDED]
340:75-6-85.4 [AMENDED]
340:75-6-85.5 [AMENDED]
340:75-6-85.6 [AMENDED]
340:75-6-88 [AMENDED]
340:75-6-91 [AMENDED]
Part 13. Independent Living
340:75-6-110 [AMENDED]
340:75-6-114 [AMENDED]
340:75-6-115 [AMENDED]
340:75-6-115 [AMENDED]
340:75-6-115.1 [AMENDED]
340:75-6-115.3 [AMENDED]
340:75-6-115.4 [AMENDED]
340:75-6-115.5 [AMENDED]
340:75-6-115.6 [AMENDED]
340:75-6.115.7 [AMENDED]
340:75-6-115.8 [REVOKED]
340:75-6-115.9 [AMENDED]
Subchapter 7. Foster Home Care
Part 1. General Provisions
340:75-7-2 [AMENDED]
Part 2. Development of Resources
340:75-7-12 [AMENDED]
340:75-7-14 [AMENDED]
340:75-7-15 [AMENDED]
340:75-7-18 [AMENDED]
340:75-7-24 [AMENDED]
Part 4. Roles and Responsibilities
340:75-7-37 [AMENDED]
340:75-7-37.1 [AMENDED]
340:75-7-41 [AMENDED]
Part 5. Eligibility and Payments
340:75-7-52 [AMENDED]
Part 6. Foster Home Care Support Services
340:75-7-65 [AMENDED]
Part 8.Continuous Quality Assessment of a Resource Home
340:75-7-94 [AMENDED]
Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services
Part 1. Therapeutic Foster Care
340:75-8-1 [AMENDED]
340:75-8-6 [AMENDED]
340:75-8-7 [AMENDED]
340:75-8-9 [AMENDED]
340:75- 8-10 [AMENDED]
Subchapter 11 – Contracted Community-Based Residential Care Providers
Part 17. Contracted Community-Based Residential Care Providers
340:75-11-230 [AMENDED]
340:75-11-233 [AMENDED]
340:75-11-233.1 [AMENDED]
340:75-11-237 [AMENDED]
340:75-11-240 [AMENDED]
Part 19. Residential Diagnostic and Evaluation Services
340:75-11-250 [AMENDED]
Part 21. Residential Intensive Treatment Services
340:75-11-265 [AMENDED]
Part 23. Specialized Community Homes
340:75-11-287 [AMENDED]
Part 25. Non-Funded and Funded Contracted Level B Placements
340:75-11-301 [AMENDED]
Part 27. Residential Maternity Services
Part 29. Non-Funded and Funded Level C Placements
340:75-11-330 [AMENDED]
Subchapter 15. Adoptions
Part 2. Legal Base and Scope of the Adoption Program
340:75-15-8 [AMENDED]
Part 5. Team Training for Education and Recruitment
340:75-15-41 [AMENDED]
340:75-15-43 [REVOKED]
Part 8. Adoptive Placement Process
340:75-15-61 [AMENDED]
340:75-15-62 [AMENDED]
Part 10. Integrated Family Assessment and Preparation Process
340:75-15-85 [AMENDED]
340:75-15-92 [AMENDED]
Part 12. Post Placement Services
340:75-15-103 [AMENDED]
340:75-15-106 [AMENDED]
340:75-15-108 [AMENDED]
Subchapter 16. Mental Health Treatment Services
Part 1. Inpatient Mental Health Treatment
340:75-16-28 [AMENDED]
340:75-16-29 [AMENDED]
340:75-16-34 [AMENDED]
340:75-16-37 [AMENDED]
340:75-16-38 [AMENDED]
(Reference APA WF(09-19)
Contact:Caprice Tyner, 918-794-7538
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapters 1, 4, 6, 7, 8, 11, 15, and 16of Chapter 75amend the rules to bring the rules into conformity with federal and state statutory requirements, and the Oklahoma Department of Human Services (OKDHS) enhanced Practice Model for Child Welfare Services initiative.Several pieces of significant legislation were enacted during the First Session of the 52nd Legislature in 2009, including: (1) House Bill 2028 (HB 2028) that updated, reformed, and recodified the laws relating to deprived children known as the Oklahoma Children’s Code; (2) HB 1734 that significantly effected the operations of OKDHS Child Welfare Services; and (3) the incorporation of requirements from the federal Fostering Connections to Success and Increasing Adoptions Act of 2008.
Strategic Plan impact.The proposed rules achieve OKDHS goals byproviding services that support and strengthen the family and protect its members.
Substantive changes.
340:75-1-9 is amended to update: (1) agency name, statutory cite, and timeframe requirement for permanency hearing; and (2) clarify language to be consistent with current usage.
340:75-1-12 is amended to clarify grievance rules and monitoring procedures.
340:75-1-12.6 is amended to update form numbers and policy cites for fair hearings.
340:75-1-14 is amended to make language consistent with current usage and statutory language.
340:75-1-16 is amended to update language to be consistent with statutory procedures for emergency custody hearings by: (1) deleting obsolete language; (2) clarifying the standard for removing a child from the home; (3) referencing parents’ rights; (4) detailing the court’s procedure for obtaining relative information; (5) updating OKDHS responsibility for notifying relatives of child’s removal from the home; (6) obtaining the child’s birth certificate; (7) outlining court determinations; (8) updating timeframe in which the emergency custody order expires; (9) updating statutory cites; and (10) clarifying the court’s authority to approve or disapprove a specific placement.
340:75-1-17 is amended to: (1) clarify timeframein which adjudicatory hearing must be held and procedure for when the court may find that reasonable efforts are not required; and (2) reference policy cite where procedures for written notice of hearing by OKDHS is located.
340:75-1-18 is amended to: (1) update statutory cites and form name; (2) update language to current usage; (3) delete reference to obsolete statutory cites and procedures and update with current language and procedures; (4) update the kinds of dispositional orders the court may enter; (5) detail the types of placements OKDHS may use for a child; (6) delete obsolete statutory reference certain dispositional orders; and (7) update court determinations made at the dispositional hearing.
340:75-1-18.1 is amended to update procedures for permanency hearings and requirements for permanency hearing reports.
340:75-1-18.2 is revoked to delete obsolete dispositional option for permanent care and custody transfer to another person.
340:75-1-18.3 is revoked to delete reference to obsolete dispositional option of permanent care and custody transfer to a kinship guardian and reenacted to detail procedures for a permanency option of permanent guardianship.
340:75-1-18.4 is amended to: (1) update language for consistency with statutory language; and (2) delete obsolete language.
340:75-1-20 is amended to: (1) update procedures for judicial reviews to be consistent with statutory requirements; and (2) require certain information in review reports to assist the court in making judicial determinations.
340:75-1-21 is amended to update statutory requirements for post-adjudication review board (PARB) members and update language to current usage.
340:75-1-23 is amended to update reference new statutory cites for termination of parental rights proceedings.
340:75-1-23.1 is new and added to outline the process for reinstatement of parental rights per 10A O.S. § 1-4-909.
340:75-1-29 is amended to reflect the need for continuity of services when cases are transferred between workers.
340:75-1-42 is amended to: (1) update statutory and policy cites; and (2) clarify definition of agency records;
340:75-1-44 is amended to update: (1) statutory cite; and (2) to whom confidential information may be disclosed without a court order.
340:75-1-45 is amended to: (1) provide a reference to statutory cite regarding disclosure of confidential information pursuant to a court order; (2) update statutory cite; (3) set out documents that comprise the record; and (4) delete detailed procedure for obtaining a court order for disclosure.
340:75-1-46 is amended to update form numbers and include Office of Juvenile Affairs as an entity required to use the uniform Consent for Release of Information form.
340:75-4.9 is amended to update (1) description of voluntary family-centered services; (2) terminology to conform to the enhanced Practice Model; and (3) statutory cite.
340:75-4-12.1 is amended to update the procedures for determining the prevention and intervention service needs of a family for Oklahoma Children’s Services (OCS), or agency or community-based services.
340:75-4-12.2 is revoked because the language was repositioned to Oklahoma Children’s Services (OCS) policy.
340:75-4.13 is amended to update requirements for (1) Family-Centered Services (FCS); (2) home visit; (3) contacts with service providers; and (4) worker and supervisor case conferences.
340:75-4.14 is amended to update procedures for: (1) conferring with a CW supervisor prior to decreasing contacts in an FCS case; (2) terminating CW involvement.
340:75-6-1 is amended to update purpose and philosophy to emphasize placement with relatives and siblings.
340:75-6-4 is amended to update, add, and delete definitions used in permanency planning to conform to recent statutory changes.
340:75-6-30 is amended to (1) specify a court may not deny visitation based solely on the failure of a parent to prove the parent has not used legal or illegal substances or complied with an aspect of the court-ordered individualized service plan; (2) update form numbers; (3) require weekly visitation between child and parents unless an exception is approved; (4) require the development of a visitation schedule; (5) update procedures for determining the frequency, length, and location of parent-child visitation; and (6) include relatives in decisions about a child’s visits or contacts from outside entities.
340:75-6-31 is amended to (1) update statutory cites and sentence structure; (2) update language to conform to the enhanced practice model; (3) specify when to update a Family Functional Assessment; (4) update criteria for reunification; (5) detail the court’s ability to enter a final permanency order and (6) specifies permanent guardianship is a permanency option when reunification and adoption have been ruled out.
340:75-6-31.1 is amended detail procedures and requirements for Family Team Meetings.
340:75-6-31.2 is amended to update procedure for reunification services for Temporary Assistance for Needy Families (TANF) recipients.
340:75-6-31.3 is amended to: (1) update statutory cites and language pertaining to trial reunification.
340:75-6-31.5 is amended to update agency division name and clarify the Uniform Parentage Act is used to establish paternity.
340:75-6-40 is amended to (1) specify information considered and contained in the family and child individualized service planning process and report during the planning process; and (2) delete information regarding case plan components for placement in Instructions to Staff.
340:75-6-40.1 is amended to update form numbers and sentence structure.
340:75-6-40.2 is amended to list statutorily required information to be provided to a placement provider.
340:75-6-40.3 is amended to update (1) form number, name, and purpose of the Family Functional Assessment; and (2) update language to conform to the enhanced Practice Model.
340:75-6-40.4 is amended to: (1) specify timeframe in which the Family Functional Assessment is completed and the ISP is submitted to the court;(2)specify that an evidentiary hearing may be held if any part of the dispositional ISP is disputed; (3) list the persons required to sign the ISP; (4) update statutory cites and requirement for mandatory statutory language in the ISP; (5) update procedures for parent’s child support obligation; (6) include educational stability requirements; (7) outlines objectives and revision protocol for independent living plans; (8) update form numbers and sentence structure; and (9) delete obsolete statutory requirements.
340:75-6-40.5 is amended to (1) outline information contained in court reports; and (2) define social records and disposition of the records submitted to the court.
340:75-6-40.6 is amended to (1) update contact documentation required when contact is made with a child, parent, or placement provider.
340:75-6-40.7 is revoked to delete obsolete procedure for documenting visitation.
340:75-6-44 is amended to update language to conform to current usage.
340:75-6-45 is amended to update statutory cite.
340:75-6-46 is amended to update form numbers and language to current usage.
340:75-6-48 is amended to (1) include statutory requirement for visiting or observing children alone in foster care, without the foster parent present, at least one time per quarter; (2) include and clarify requirements for contact with child by the county of jurisdiction worker or facility liaisons, depending on the child’s placement; (3) delete obsolete requirements and move and edit language to enhance flow of information and update language to currant usage; and (4) require quarterly report from the receiving state when a child is placed in an Interstate Compact on the Placement of Children (ICPC) placement.
340:75-6-48.1 is amended to update statutory cites, sentence structure and language to conform to current statute regarding attorney objection to court rulingreleasing child from state custody.
340:75-6-48.2 is amended to update statutory cite and agency name.
340:75-6-48.3 is amended to update language regarding runaway or abducted children.
340:75-6-49 is amended to update protocol for religious and cultural observation.
340:75-6-50 is amended to: (1) require OKDHS to assure that a child who is eligible for Title IV-E foster care payments is enrolled or instructed in a legally authorized education program, or if the child is incapable of attending school, the agency has verified a documented a medical condition that prevents the child from receiving an education; (2) include in the CW specialist’s responsibilities, providing the most recent, available, educational records to the court, upon the court’s request; and update statutory cite.
340:75-6-85 is amended to (1) delete obsolete information and update statutory cites; (2) specify placement preference for children in the legal custody of OKDHS; (3) clarify the court may approve or disapprove a specific placement if it does not conform to statutory requirements and the best interests of the child; (4) update protocol for determining an appropriate placement for a child, including requirement for making reasonable attempts to place siblings, who have been removed, together; (5) include placement considerations in determining an appropriate placement for a child; (6) allow the child’s statement regarding placement preference to be given without a parent, foster parent, guardian, or other parties being present; (7) update the types of criminal charges considered by the court when determining whether to place custody with a person; (8) delete obsolete statutory language regarding preplacement visits and placement in an institution; (9) update language for consistency with the enhanced Practice Model; (10) clarify that great weight is given to the foster parent in the adoption consideration; and (11) update statutory cite.
340:75-6-85.1 is revoked because all information is duplicative and found elsewhere in agency policy.
340:75-6-85.2 is amended to update protocol for diligent search for, and placement with, relatives and kin.
340:75-6-85.3 is amended to insert statutory standard for not placing siblings together.
340:75-6-85.4 is amended to clarify that in most cases, the adoptive home is the relative or kin family with whom the child is currently placed.
340:75-6-85.5 is amended to update the: (1) CW specialist’s responsibilities for supervision only cases; and (2) orders the court may enter in these cases.
340:75-6-85.6 is amended to correct sentence structure.
340:75-6-88 is amended to: (1) update requirement for yearly behavioral health or developmental screening to conform to statutory requirements; and (2) delete obsolete statutory cite; and (3) specify that securing and transporting the child’s medications is a CW specialist’s and placement provider’s responsibility.
340:75-6-91 is amended to: (1) update language to current usage and in conformity with statutory language; and (2) updates agency name.
340:75-6-110 is amended to update the eligibility, components, and provisions of the Independent Living (IL) program.
340:75-6-114 is amended to (1) update the provisions of the IL assessment, IL plan, and judicial oversight; and (2) include the statutory requirement for a youth-directed transition plan.
340:75-6-115 is amended to delete reference to special IL funding as a separate resource for eligible youth.
340:75-6-115.1 is amended to (1) delete obsolete information; (2) clarify eligibility requirements for IL services; and (3) list special IL funding as a community contracted service.
340:75-6-115.3 is amended to clarify eligibility for IL contingency funds.
340:75-6-115.4 is amended to update language to current usage.
340:75-6-115.5 is amended to update (1) form numbers; and (2) eligibility requirements for the IL education and training voucher.
340:75-6-115.6 is amended to (1) update agency name; and (2) delete obsolete information.
340:75-6-115.7 is amended to (1) update agency name; and (2) clarify eligibility for participation in teen panels.
340:75-6-115.8 is revoked as duplicative information is contained in other sections of policy.
340:75-6-115.9 is amended to update (1) agency name; and (2) form numbers.
340:75-7-2 is amended to: (1) update the legal basis for foster care and statutory cites; (2) add and update definitions contained in the newly enacted Oklahoma Children’s Code; and (3) correct syntax;
340:75-7-12 is amended to update requirements for foster family care.
340:75-7-14 is amended to update pre-service training requirements for foster care applicants and adult household members.
340:75-7-15 is amended to: (1) update requirements for background investigations and assessment of the investigation results; (2) specify that a relevant misdemeanor involves domestic violence, or other offenses involving the use of physical force or violence against the person or property of another; and (3) clarify that the failure of an adult household member to submit to fingerprints will result in the removal of the child from the home.
340:75-7-18 is amended to (1) specify that under no circumstances is a child of any age to sleep with an adult;(2) update water safety rules; and (3) update terms to comply with statutory language; (3) clarify that a Bridge assessment is to be completed within 90 days and a disposition made no later than 120 days after receipt of the family’s application; and (4) require a Bridge resource parent to notify OKDHS within 24 hours if there is a change in household residents.
340:75-7-24 is amended to update: (1) language to conform to statutory language; (2) clarify that maternal and paternal relatives are related by blood and delete similar duplicative information; and (2) form number and policy cite.
340:75-7-37 is amended to update Bridge resource parent responsibilities.
340:75-7-37.1 is amended to update resource specialist responsibilities to include assisting in gathering information to help the Bridge resource family care for the child safety and appropriately.
340:75-7-41 is amended to: (1)specify placement of siblings together is presumed to be in the best interests of children; and (2) outline considerations and identification of appropriate placements.
340:75-7-52 is amended to: (1) update agency name; and (2) restructure sentence indicating a contract is not signed for ICPC foster families residing in Oklahoma.
340:75-7-65 is amended to: (1) clarify that paid and non-paid Bridge resource parents and contract foster care parents are eligible for child care services under certain circumstances; (2) update responsibilities related to electronic benefit transfer (EBT); (3) specify that a discuss is held between OKDHS and a Bridge resource parent prior to a person, particularly a teen, babysitting a child in OKDHS custody; (4)clarify that a Bridge resource parent may allow a child in OKDHS custody to have overnight stays with friends under certain circumstances; (5) specify that informal arrangements or babysitting may be used for less than 12 hours at a time on an irregular basis and alternate care may be used for over 12 hours at a time on an irregular basis; (6) update statutory cites and reformat information; and (7) clarify that Bridge resource travel reimbursement claims are filed in the OKDHS office in the county of jurisdiction.
340:75-7-94 is amended to: (1) update policy cite and resource specialists responsibilities for requesting yearly background checks; and (2) clarify when a foster home is closed.
340:75-8-1 is amended to: (1) clarify ages and status of children served by therapeutic foster care (TFC); and (2) update statutory cites.
340:75-8-6 is amended to update statutory cites.
340:75-8-7 is amended to update form name and terminology to conform to current usage.
340:75-8-9 is amended to clarify age of children served in TFC.
340:75- 8-10 is amended to: (1) update placement consideration to conform to statutory terminology of closest geographic proximity as possible to the child’s county of jurisdiction, county of residence of the child’s parent; and (2) delete obsolete statutory requirement.
340:75-11-230 is amended to update statutory cites and definitions related to community-based residential care (CBRC).
340:75-11-233 is amended to update statutory cites and clarify the procedure for placing younger children in CBRC placements.
340:75-11-233.1 is amended to delete reference to an obsolete statutory requirement relating to placement of a child in a residential facility prior to adjudication. (HB 2028)
340:75-11-237 is amended to update (1) statutory cites; and (2) rights of children in CBRC.
340:75-11-240 is amended to update (1) requirements for contracted CBRC providers regarding medical care for children in OKDHS custody; and (2) statutory cites. (HB 2028) and use for revisions to 75-13.
340:75-11-250 is amended to update form number.
340:75-11-265 is amended to update form number.
340:75-11-287 is amended to update statutory cite.
340:75-11-301 is amended to specify that referrals to non-funded Level B group homes are made by the OKDHS contract liaison.
340:75-11-330 is amended to clarify how referrals are received for funded and non-funded CBRC contractors.
340:75-15-8 is amended to update responsibilities of the adoption and adoption transition specialists.
340:75-15-41 is amended to: update terminology to conform to statutory language regarding permanency plan and efforts to place with relatives.
340:75-15-43 is revoked because information contained is contained in another subchapter ofpolicy.
340:75-15-59 ITS are amended to direct that a secondary assignment is transferred to the area adoption supervisor.
340:75-15-61 is amended to clarify that the ICPC is an agreement between the states to provide protection and services to children placed across state lines for adoption.
340:75-15-62 is amended to correct agency name.
340:75-15-85 is amended to clarify that Oklahoma statute and OKDHS rules supporting sibling relationships extend to adoption.
340:75-15-92 is amended to correct agency name
340:75-15-103 is amended to: (1) update sentence structure; (2) clarify to whom the adoption specialists provides notice of court hearings; (3) clarify that a paper and electronic case is maintained; and (4) deletes reference to outdated forms and related procedure.
340:75-15-106 is amended to declare that employment-related child care is available for children ages six and under in trial adoptive placement.
340:75-15-108 is amended to: (1) include a tagline entitled, Placement supervision prior to finalization; (2) detail specifics of a postadoption contact agreement and terms; (3) define birth relative; (4) set out protocol for visitation and contact between siblings; (5) describe postadoption contact requirements; (6) specify that failure to comply with postadoption contact agreement is not grounds for setting aside the adoption decree; (7) clarify jurisdiction for postadoption contact agreements; (8) specify that a prevailing party in a contact dispute may be awarded attorney fees; and (9) specify conditions under which the court may find a modification or termination of a contact agreement necessary.
340:75-16.28 is amended to update a statutory cite.
340:75-16-29 is amended to update the definition of minor.(HB 2028)
340:75-16-34 is amended to update responsibilities of the CW county of jurisdiction worker regarding children in inpatient mental health treatment.
340:75-16-37 is amended to update a Children and Family Services (CFSD) unit name.
340:75-16-38 is amended to include statutory procedure for the consent for psychotropic medications.
Reasons.The proposed revisionsare necessary to bring agency rule into conformity with federal and state statutory requirements, and clarify and update language to conform to the enhanced Practice Model for Child Welfare Services.The rule revisions ensure protection and well-being of children in care by: (1) requiring enhancement of educational stability, relative and sibling placement, and transition plans for children approaching adulthood for children in the custody, or under the supervision, of OKDHS; (2) conforming to updated statutory procedures relating to the care of children; (3) addressing needs identified in the OKDHS performance review; and (4) clarifying procedures and protocol for implementation of the enhanced Practice Model for Child Welfare Services.
Repercussions.If the proposed revisions are not implemented, OKDHS will not be in compliance with federal and state requirements enacted to strengthen protective capacities of the agency and ensure well-being of children in care.Failure to adopt the rules may affect Title IV-E federal funding received by OKDHS and will cause confusion about the delivery of service to children and families.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; the Oklahoma Children’s Code of Title 10A of the Oklahoma Statutes; HB 2028; HB 1734, and SB 339.
Emergency approval.Emergency rulemaking approval is requested as OKDHS finds compelling public interest torevisions bring the rules into conformity with federal and state statutory requirements and the Oklahoma Department of Human Services (OKDHS) enhanced Practice Model for Child Welfare Services initiative.
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: (1) deprived or alleged deprived children and their families, (2) OKDHS staff providing services to alleged deprived or deprived children and their families; and (3) placement providers for children in out-of-home care. 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 alleged or deprived children and their families; placement providers for children in out-of-home care; and OKDHS Child Welfare employees.Taxpayers may ultimately benefit due to a decrease in the demand for out-of-home services with the full implementation of the rules and enhanced Practice Model for Child Welfare Services that stresses maintaining children in their own homes with preventative services.
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 to alleged deprived and deprived children and their families and placement providers.
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 withstate and federal mandate.
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 and federal law, which will have a positive impact on
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 federal and state regulations, placing children at further risk, for example, the health, safety, and well-being of alleged deprived or deprived children, their families, and placement providers willenhance educational and family stability, transition planning, and relative and sibling placements for children.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared October 20, 2009.
