COMMENT DUE DATE:
January 5, 2010
DATE:
December 17, 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 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 340:75-1-9 [AMENDED]
OAC 340:75-12 [AMENDED]
OAC 340:75-1-12.6 [AMENDED]
OAC 340:75-1-14 [AMENDED]
OAC 340:75-1-16 [AMENDED]
OAC 340:75-1-17 [AMENDED]
OAC 340:75-1-18 [AMENDED]
OAC 340:75-1-18.1 [AMENDED]
OAC 340:75-1-18.2 [REVOKED]
OAC 340:75-1-18.3 [AMENDED]
OAC 340:75-1-18.4 [AMENDED]
OAC 340:75-1-20 [AMENDED]
OAC 340:75-1-21 [AMENDED]
OAC 340:75-1-23 [AMENDED]
OAC 340:75-1-23.1 [NEW]
OAC 340:75-1-29 [AMENDED]
Part 3. Child Welfare Confidentiality
OAC 340:75-1-42 [AMENDED]
OAC 340:75-1-44 [AMENDED]
OAC 340:75-1-45 [AMENDED]
OAC 340:75-1-46 [AMENDED]
Part 10. Oklahoma Children’s Services (OCS)
OAC 340:75-1-151 [AMENDED]
OAC 340:75-1-151.1 [AMENDED]
OAC 340:75-1-151.2 [AMENDED]
OAC 340:75-1-152 [AMENDED]
OAC 340:75-1-152.3 [AMENDED]
OAC 340:75-1-152.4 [REVOKED]
OAC 340:75-1-152.5 [AMENDED]
OAC 340:75-1-152.5 [AMENDED]
OAC 340:75-1-152.6 [AMENDED]
OAC 340:75-1-152.6 ITS [AMENDED]
OAC 340:75-1-152.7 [AMENDED]
OAC 340:75-1-152.8 [AMENDED]
OAC 340:75-1-152.9 [AMENDED]
OAC 340:75-1-154 [AMENDED]
Subchapter 3. Child Protective Services
OAC 340:75-3-1 [AMENDED]
OAC 340:75-3-2 [AMENDED]
OAC 340:75-3-4 [AMENDED]
OAC 340:75-3-5 [AMENDED]
OAC 340:75-3-6 [AMENDED]
OAC 340:75-3-6.1 [AMENDED]
OAC 340:75-3-7 [AMENDED]
OAC 340:75-3-7.1 [AMENDED]
OAC 340:75-3-7.2 [REVOKED]
OAC 340:75-3-7.2 [REVOKED]
OAC 340:75-3-7.3 [AMENDED]
OAC 340:75-3-7.4 [NEW]
OAC 340:75-3-7.5 [NEW]
OAC 340:75-3-8 [AMENDED]
OAC 340:75-3-8.1 [AMENDED]
OAC 340:75-3-8.1 [AMENDED]
OAC 340:75-3-8.2 [AMENDED]
OAC 340:75-3-8.3 [AMENDED]
OAC 340:75-3-8.4 [AMENDED]
OAC 340:75-3.8.5 [REVOKED]
OAC 340:75-3-8.6 [REVOKED]
OAC 340:75-3-9.1 [AMENDED]
OAC 340:75-3-10.1 [AMENDED]
OAC 340:75-3-10.2 [AMENDED]
OAC 340:75-3-10.3 [AMENDED]
OAC 340:75-3-11 [AMENDED]
OAC 340:75-3-12 [AMENDED]
OAC 340:75-3-13 [AMENDED]
Subchapter 4. Family-Centered and Community Services
Part 1. Voluntary Family-Centered Services
OAC 340:75-4-9 [AMENDED]
OAC 340:75-4-12.1 [AMENDED]
OAC 340:75-4-12.2 [REVOKED]
OAC 340:75-4-13 [AMENDED]
OAC 340:75-4-14 [AMENDED]
Subchapter 6. Permanency Planning
Part 1. General Provisions
OAC 340:75-6-1 [AMENDED]
OAC 340:75-6-4 [AMENDED]
Part 5. Permanency Planning Services
OAC 340:75-6-30 [AMENDED]
OAC 340:75-6-31 [AMENDED]
OAC 340:75-6-31.1 [AMENDED]
OAC 340:75-6-31.2 [AMENDED]
OAC 340:75-6-31.3 [AMENDED]
OAC 340:75-6-31.4 [AMENDED]
OAC 340:75-6-31.5 [AMENDED]
OAC 340:75-6-40 [AMENDED]
OAC 340:75-6-40.1 [AMENDED]
OAC 340:75-6-40.1 [AMENDED]
OAC 340:75-6-40.2 [AMENDED]
OAC 340:75-6-40.3 [AMENDED]
OAC 340:75-6-40.4 [AMENDED]
OAC 340:75-6-40.5 [AMENDED]
OAC 340:75-6-40.6 [AMENDED]
OAC 340:75-6-40.7 [REVOKED]
OAC 340:75-6-44 [AMENDED]
OAC 340:75-6-45 [AMENDED]
OAC 340:75-6-46 [AMENDED]
Part 8. Role of the Child Welfare Worker
OAC 340:75-6-48 [AMENDED]
OAC 340:75-6-48.1 [AMENDED]
OAC 340:75-6-48.2 [AMENDED]
OAC 340:75-6-48.3 [AMENDED]
OAC 340:75-6-48.3 ITS [AMENDED]
OAC 340:75-6-49 [AMENDED]
OAC 340:75-6-49 ITS [AMENDED]
OAC 340:75-6-50 [AMENDED]
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85 [AMENDED]
OAC 340:75-6-85.1 [REVOKED]
OAC 340:75-6-85.2 [AMENDED]
OAC 340:75-6-85.3 [AMENDED]
OAC 340:75-6-85.4 [AMENDED]
OAC 340:75-6-85.5 [AMENDED]
OAC 340:75-6-85.6 [AMENDED]
OAC 340:75-6-88 [AMENDED]
OAC 340:75-6-91 [AMENDED]
Part 13. Independent Living
OAC 340:75-6-110 [AMENDED]
OAC 340:75-6-114 [REVOKED]
OAC 340:75-6-115 [REVOKED]
OAC 340:75-6-115.1 [REVOKED]
OAC 340:75-6-115.3 [REVOKED]
OAC 340:75-6-115.4 [REVOKED]
OAC 340:75-6-115.5 [REVOKED]
OAC 340:75-6-115.6 [REVOKED]
OAC 340:75-6-115.7 [REVOKED]
OAC 340:75-6-115.8 [REVOKED]
OAC 340:75-6-115.9 [REVOKED]
OAC 340:75-6-115.10 [REVOKED]
Subchapter 7. Foster Home Care
Part 1. General Provisions
OAC 340:75-7-2 [AMENDED]
OAC 340:75-7-12 [AMENDED]
OAC 340:75-7-14 [AMENDED]
OAC 340:75-7-15 [AMENDED]
OAC 340:75-7-18 [AMENDED]
OAC 340:75-7-24 [AMENDED]
Part 4. Roles and Responsibilities
OAC 340:75-7-37 [AMENDED]
OAC 340:75-7-37.1 [AMENDED]
OAC 340:75-7-41 [AMENDED]
Part 5. Eligibility and Payments
OAC 340:75-7-52 [AMENDED]
Part 6. Foster Home Care Support Services
OAC 340:75-7-65 [AMENDED]
Part 8. Continuous Quality Assessment of a Resource Home
OAC 340:75-7-94 [AMENDED]
Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services
Part 1. Therapeutic Foster Care
OAC 340:75-8-1 [AMENDED]
OAC 340:75-8-6 [AMENDED]
OAC 340:75-8-7 [AMENDED]
OAC 340:75-8-9 [AMENDED]
OAC 340:75-8-10 [AMENDED]
OAC 340:75-8-13 [AMENDED]
OAC 340:75-8-14 [AMENDED]
Part 3. DDSD Services for Children in Custody
OAC 340:75-8-40 [AMENDED]
Subchapter 11. Child Welfare Community-Based Residential Care
Part 17. Contracted Community-Based Residential Care Providers
OAC 340:75-11-230 [AMENDED]
OAC 340:75-11-233 [AMENDED]
OAC 340:75-11-233.1 [AMENDED]
OAC 340:75-11-237 [AMENDED]
OAC 340:75-11-239 [AMENDED]
OAC 340:75-11-240 [AMENDED]
Part 19. Residential Diagnostic And Evaluation Services
OAC 340:75-11-250 [AMENDED]
OAC 340:75-11-265 [AMENDED]
Part 23. Specialized Community Homes
OAC 340:75-11-287 [AMENDED]
Part 25. Non-funded and Funded Contracted Level B Placements
OAC 340:75-11-301 [AMENDED]
Part 27. Residential Maternity Services
Part 29. Non-funded and Funded Level C Placements
OAC 340:75-11-330 [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
OAC 340:75-13-65 [AMENDED]
Subchapter 15. Adoptions
Part 2. Legal Base and Scope of the Adoption Program
OAC 340:75-15-6 [AMENDED]
OAC 340:75-15-8 [REVOKED]
Part 6. Adoption Process
OAC 340:75-15-41 [REVOKED]
OAC 340:75-15-41.1 [NEW]
OAC 340:75-15-43 [REVOKED]
Part 8. Adoptive Placement Process
OAC 340:75-15-59 [REVOKED]
OAC 340:75-15-61 [REVOKED]
OAC 340:75-15-62 [REVOKED]
Part 10. Integrated Family Assessment and Preparation Process
OAC 340:75-15-85 [REVOKED]
OAC 340:75-15-92 [REVOKED]
Part 12. Post Placement Services
OAC 340:75-15-103 [AMENDED]
OAC 340:75-15-106 [REVOKED]
OAC 340:75-15-107 [REVOKED]
OAC 340:75-15-108 [REVOKED]
Subchapter 16. Mental Health Treatment Services
Part 1. Inpatient Mental Health Treatment
OAC 340:75-16-28 [AMENDED]
OAC 340:75-16-29 [AMENDED]
OAC 340:75-16-30 [AMENDED]
OAC 340:75-16-34 [REVOKED]
OAC 340:75-16-37 [AMENDED]
OAC 340:75-16-38 [AMENDED]
(Reference APA WF 09-19)
SUMMARY:The proposed revisions to Subchapters 1, 3, 4, 6, 7, 8, 11, 13, 15, and 16of Chapter 75 amend 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.
340:75-1-9 is amended to condense and restructure the section by moving information to instructions to staff.
340:75-12 is amended to clarify the system for the resolution of grievances.
340:75-1-12.6 is amended to update (1) to whom a fair hearing may be granted; and (2 terminology and form numbers.
340:75-1-14 is amended to update terminology and delete instructive information for agency staff.
340:75-1-16 is amended to: (1) include prepetition emergency custody order determinations; (2) delete requirements not mandated to OKDHS; (3) delete instructive information for agency staff for inclusion in Instructions to Staff (ITS); (4) clarify mandate for release of a child when the adjudication hearing is not timely held; and (5) provide for teleconference hearings.
340:75-1-17 is amended to update statutory language regarding adjudicatory hearings and reasonable efforts not required to reunify family.
340:75-1-18 is amended to update dispositional hearing guidelines, dispositional options, court determinations, and placement preferences.
340:75-1-18.1 is amended to: (1) update statutory requirement for permanency planning meetings; and (2) delete information moved to ITS.
requirements.
340:75-1-18.2 is revoked to delete statutorily revoked process for permanent care and custody transfer to another person.
and custody transfer to another person.
340:75-1-18.3 is amended to delete statutorily revoked permanent care and custody transfer process and replaced with new statutory authority for permanent guardianship process.
340:75-1-18.4 is amended to: (1) clarify the provisions of a reasonable efforts not required to prevent removal or reunite the child and family determination by the court.; and (2) delete and reposition instructive information to ITS
340:75-1-20 is amended to: (1) clarify court review requirements consistent with statutory amendments; and (2) delete from rule, requirements not mandated to OKDHS.
340:75-1-21 is amended to: (1) update statutory information in relation to post-adjudication review board (PARB) reviews and OKDHS employees participation on the boards; and (2) delete requirements not mandated to the agency.
340:75-1-23 is amended to update cites to statutory procedures for termination of parental rights.
340:75-1-23.1 is new to outline statutory authority for reinstatement of parental rights.
340:75-1-29 is amended to clarify potential assignment of cases.
340:75-1-29 ITS are amended to: (1) outline case transfer meeting
Part 3. Child Welfare Confidentiality
340:75-1-42 is amended to update statutory cites and disclosure of information requirements.
340:75-1-44 is amended to update statutory cites and authority for disclosure of client information and records without a court order.
340:75-1-45 is amended to: (1) update statutory cite and information regarding release of records pursuant to a court order; and (2) delete outdated procedures for release of information.
340:75-1-46 is amended to update information related to the uniform Consent for Release of Information form state agencies are mandated to use.
Part 10. Oklahoma Children’s Services (OCS)
340:75-1-151 is amended to update the terminology used in the Oklahoma Children’s Services (OCS) referral procedure.
OCS referrals.
340:75-1-151.1 is amended to update consultation requirement related to a contracting agency’s right to decline cases.
340:75-1-151.2 is amended to include parent aide as a participant in the Comprehensive Home-Based Service (CHBS) intake staffing.
340:75-1-152 is amended to delete direction to staff for placement in ITS.
340:75-1-152.3 is amended to update terminology for consistency and form number.
340:75-1-152.4 is revoked as obsolete process.
340:75-1-152.5 is amended to removed instruction to staff from rule for placement in ITS.
340:75-1-152.6 is amended to update sentence structure.
340:75-1-152.7 is amended to update reasons for OCS case suspensions.
340:75-1-152.8 is amended to update terminology and delete instructive information for placement in ITS.
340:75-1-154 is amended to update sentence structure.
Subchapter 3. Child Protective Services
340:75-3-1 is amended to update terminology and statutory cites.
340:75-3-2 is amended to: (1)include legislative intent in family intervention; (2) update statutory definitions; and (3) delete agency-defined vernacular for placement in ITS.
340:75-3-4 is amended to clarify the scope of Child Protective Services.
340:75-3-5 is amended to clarify roles of other entities in child abuse and neglect investigations.
340:75-3-6 is amended to clarify the role of the OKDHS Abuse and Neglect Hotline.
340:75-3-6.1 is amended to outline the types of exceptional reports of abuse and neglect considered for assessment or investigation.
340:75-3-7 is amended to update report screening requirements and terminology.
340:75-3-7.1 is amended to update priority guidelines and move instructive information to ITS.
340:75-3-7.2 is revoked as information repositioned in other sections.
340:75-3-7.3 is amended to update statutory language regarding when an assessment or investigation is conducted..
340:75-3-7.4 is new and sets out general protocols for CPS assessments and investigations.
340:75-3-7.5 is new and details assessment protocol in relation to statutory requirements.
340:75-3-8 is amended to update terminology and statutory language in relation to investigation protocol.
340:75-3-8.1 is amended to: (1) update the investigation protocol for addressing reports of abuse or neglect in a foster or trial adoptive home; and (2) delete instructive information for repositioning in ITS.
340:75-3-8.2 is amended to delete instructive information regarding child care center or home investigations for repositioning in ITS.
340:75-3-8.3 amended to update tagline.
340:75-3-8.4 amended to update statutory cites and delete instructive information for repositioning in ITS.
340:75-3.8.5 is revoked as information repositioned to other sections.
340:75-3-8.6 is revoked as information repositioned in other sections.
340:75-3-9.1 is amended to: (1) clarify that child deaths may be reviewed by OKDHS Critical Incidents Review Committee or by an OKDHS administrative investigation; and (2) delete information repositioned in ITS
340:75-3-10.1 is amended to: (1) update safety determination and responses protocol; (2) add CW joint response with law enforcement protocol; (3) outline restoration of custody to parent, legal guardian, or custodian protocol when a child is in protective custody protocol; (4) update statutory authority for removal of children in diverse legal statuses; and (5) delete obsolete or instructive information from rule for repositioning in ITS.
340:75-3-10.2 is amended to update statutorily mandated findings in child abuse and neglect investigations.
340:75-3-10.3 is amended to update terminology.
340:75-3-11 is amended to update statutory cites and venue for filing child abuse and neglect legal actions.
340:75-3-12 is amended to: (1) update statutory cites and terminology for the Child Abuse and Neglect Information System also known as KIDS; and (2) delete information repositioned from rule to ITS.
340:75-3-13 is amended to: (1) outline statutory requirements for prevention and intervention-related services and associated determinations; (2) clarify disclosure of findings or conclusions to other professionals and the reporter of abuse and neglect; and (3) delete instructive information for staff for placement in ITS.
Subchapter 4. Family-Centered and Community Services
Part 1. Voluntary Family-Centered Services
340:75-4-9 is amended to: (1) clarify the purpose of voluntary family-centered services; and (2) update terminology and statutory cites.
340:75-4-12.1 is amended to outline voluntary family-centered services and supports provided and delete instructive information for repositioning to ITS.
340:75-4-12.2 is revoked and information repositioned in another section of rule.
340:75-4-13 is amended to update Family-Centered Services requirements and processes
340:75-4-14 is amended to (1) move instructive information to ITS; and (2) update terminology for consistency with enhanced Practice Model.
Subchapter 6. Permanency Planning
Part 1. General Provisions
340:75-6-1 is amended to update the purpose and philosophy of permanency planning.
340:75-6-4 is amended to revise statutory definitions and reposition agency definitions to ITS.
Part 5. Permanency Planning Services
340:75-6-30 is amended to clarify visitation processes between children, parents, and siblings and move instructive information to ITS.
340:75-6-31 is amended to: (1) update statutory cites and terminology; (2) clarify statutory authority for reunification with a parent and legal guardianship in relation to permanency planning for children.
340:75-6-31.1 is amended to delete obsolete requirements and include potential requirement by court for a permanency planning review prior to permanency hearings.
340:75-6-31.2 is amended to: (1) delete instructive information for repositioning in ITS; and (2) clarify when a Temporary Assistance for Needy Families (TANF) recipient may continue eligible for benefits when the child is in OKDHS custody.
340:75-6-31.3 is amended update statutory language regarding trial reunification.
340:75-6-31.4 is amended to update supported permanency procedures and outline procedures for Title IV-E subsidized guardianships.
340:75-6-31.5 is amended to update agency division name and name of a legislative Act related to establishment of paternity.
340:75-6-40 is amended to clarify the purpose of the case plan and delete instructive information for repositioning in ITS.
340:75-6-40.1 is amended to delete obsolete language regarding the placement plan and include requirements for the newly structure Child’s Individualized Service Plan (ISP).
340:75-6-40.2 is amended to clarify the requirements of the placement provider information.
340:75-6-40.3 is amended to explain the purpose of the Family Functional Assessment and delete instructive information repositioned in ITS.
340:75-6-40.4 is amended to: (1) revamp the ISP process to concur with statutory requirements; (2) delete instructive information for repositioning in ITS; and (3) delete obsolete requirements.
340:75-6-40.5 is amended to: (1) delete instructive information for repositioning in ITS; and (2) set out requirements for court reviews, including process on how to handle social records.
340:75-6-40.6 is amended to: (1) clarify the purpose of case contacts; and (2) delete instructive information for repositioning in ITS.
340:75-6-40.7 is revoked as obsolete.
340:75-6-44 is amended to: (1) enhance process for case planning in heinous and shocking cases or cases in which reasonable efforts to reunify are not required; and (2) delete obsolete process.
340:75-6-45 is amended to update procedure for case planning for incarcerated parents to conform to statutory revisions.
340:75-6-46 is amended to: (1) delete instructive information for repositioning in ITS; and (2) update agency name and syntax.
Part 8. Role of the Child Welfare Worker
340:75-6-48 is amended to delete instructive information for repositioning in ITS; and (2) detail statutory requirement for visitation with foster children.
340:75-6-48.1 is amended to explain the role of the child’s attorney and related statutory authority.
340:75-6-48.2 is amended to correct syntax and update statutory cite related to child’s court-appointed special advocate or guardian ad litem.
340:75-6-48.3 is amended to delete duplicative information found in ITS related to runaway or abducted children.
340:75-6-49 is amended to clarify statutory authority for selecting placement in accord with the child or parent’s religious faith and delete instructive information repositioned in ITS.
340:75-6-50 is amended to: (1) include statutorily mandated assurance of school attendance for children eligible for Title IV-E foster care maintenance payments; and (2) delete instructive information repositioned in ITS.
Part 11. Permanency Planning and Placement Services
340:75-6-85 is amended to: (1) include legislative intent for children placed outside the home; and (2) update placement considerations for children in OKDHS custody.
340:75-6-85.1 is revoked and information placed in other sections of rule or ITS.
340:75-6-85.2 is amended to update statutory requirements for placement preferences and diligence required to identify and notify relatives.
340:75-6-85.3 is amended to clarify statutory requirements for sibling placement.
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 statutory authority for protective supervision of cases.
340:75-6-85.6 is amended to: (1) delete instructive information repositioned in ITS; and (2) clarify syntax.
340:75-6-88 is amended to: (1) update statutory cite requiring OKDHS to provide medical care to children in OKDHS custody; and (2) delete instructive information for repositioning in ITS.
340:75-6-91 is amended to update terminology and delete instructive information repositioned in ITS.
Part 13. Independent Living
340:75-6-110 is amended to combine information from other sections of rule into one section outlining the Independent Living program and related requirements.
340:75-6-114 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115.1 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115.3 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115.4 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115.5 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115.6 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115.7 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115.8 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115.9 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115.10 is revoked and repositioned in 340:75-6-110 or related ITS.
Subchapter 7. Foster Home Care
Part 1. General Provisions
340:75-7-2 is amended to update statutory cites and definitions related to foster home care.
340:75-7-12 is amended to update foster home care applicant requirements.
340:75-7-14 is amended to update and clarify Bridge resource applicant’s training requirements.
340:75-7-15 is amended to update and clarify background investigation and assessment requirements for Bridge resource applicants.
340:75-7-18 is amended to: (1) restructure information related to Bridge resource family assessments; (2) update terminology; and (3) delete instructive information repositioned in ITS.
340:75-7-24 is amended to update terminology.
Part 4. Roles and Responsibilities
340:75-7-37 is amended to add responsibilities to the child for Bridge resource parents.
340:75-7-37.1 is amended to: (1) update statutory language related to recruitment of Bridge resource homes; and (2) delete instructive information repositioned to ITS.
340:75-7-41 is amended to update statutory language related to placement considerations and requirements.
Part 5. Eligibility and Payments
340:75-7-52 is amended to update terminology and specify when foster care maintenance payments may begin.
Part 6. Foster Home Care Support Services
340:75-7-65 is amended to clarify procedures for informal arrangements for babysitting and update terminology.
Part 8. Continuous Quality Assessment of a Resource Home
340:75-7-94 is amended to describe when a resource home is closed and delete instructive information repositioned in ITS.
Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services
Part 1. Therapeutic Foster Care
340:75-8-1 is amended to clarify purpose of therapeutic foster care (TFC) and update statutory cites.
340:75-8-6 is amended to update statutory cites and syntax.
340:75-8-7 is amended to correct syntax and update terminology.
340:75-8-9 is amended to correct age of children served by TFC.
340:75-8-10 is amended to update terminology to conform to statutory language
340:75-8-13 is amended to delete instructive information repositioned in related ITS.
340:75-8-14 is amended to delete instructive information repositioned in related ITS.
Part 3. DDSD Services for Children in Custody
340:75-8-40 is amended to delete instructive information from rule repositioned in related ITS.
Subchapter 11. Child Welfare Community-Based Residential Care
Part 17. Contracted Community-Based Residential Care Providers
340:75-11-230 is amended to update statutory cites and definitions related to contracted community-based residential care (CBRC) providers.
340:75-11-233 is amended to: (1) update statutory cites; and (2) clarify when children younger than 10 years of age may be placed in CBRC.
340:75-11-233.1 is amended to delete instructive information repositioned in related ITS.
340:75-11-237 is amended to: (1) update statutory and policy cites; and (2) clarify use of physical force in CBRC.
340:75-11-239 is amended to correct agency name.
340:75-11-240 is amended to: (1) update statutory cites; and (2) clarify when consent is needed for certain types of medical care.
Part 19. Residential Diagnostic And Evaluation Services
340:75-11-250 is amended to: (1) clarify time frame for contracted CBRC to complete the comprehensive assessment of the child; and (2) update form number.
340:75-11-265 is amended to update form number.
Part 23. Specialized Community Homes
340:75-11-287 is amended to update statutory cite.
Part 25. Non-funded and Funded Contracted Level B Placements
340:75-11-301 is amended to clarify that referrals to the non-funded Level B group homes are made by the contract liaison to the specific facility.
Part 27. Residential Maternity Services
Part 29. Non-funded and Funded Level C Placements
340:75-11-330 is amended to clarify how referrals are received for funded and non-funded contractors.
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
340:75-13-65 is amended to update statutory requirements for consent for medical care for children in OKDHS custody.
Subchapter 15. Adoptions
Part 2. Legal Base and Scope of the Adoption Program
340:75-15-6 is amended to clarify the scope of the adoption program.
340:75-15-8 is revoked as duplicative information or because information was repositioned in another section of rule or ITS.
Part 6. Adoption Process
340:75-15-41 is revoked as duplicative information or information repositioned in another section of rule or ITS for clarity and conciseness.
340:75-15-41.1 is new to clarify statutory requirements for adoption placement considerations.
340:75-15-43 is revoked as duplicative information or information repositioned in another section of rule or ITS for clarity or alignment of subject matter.
Part 8. Adoptive Placement Process
340:75-15-59 is revoked as information repositioned to another section for clarity and alignment of subject matter.
340:75-15-61 is revoked as information repositioned to another section for clarity and alignment of subject matter.
340:75-15-62 is revoked as subject matter repositioned in another section.
Part 10. Integrated Family Assessment and Preparation Process
340:75-15-85 is revoked as subject matter repositioned in another section.
340:75-15-92 is revoked as information repositioned to another section for clarity and alignment of subject matter.
Part 12. Post Placement Services
340:75-15-103 is amended to: (1) clarify services provided to children in adoptive homes; and (2) include statutory language related to post-adoption contact agreements.
340:75-15-106 is revoked as information repositioned to another section for alignment of subject matter.
340:75-15-107 is revoked as information repositioned to another section for alignment of subject matter.
340:75-15-108 is revoked as information repositioned to another section for alignment of subject matter.
Subchapter 16. Mental Health Treatment Services
Part 1. Inpatient Mental Health Treatment
340:75-16-28 is amended to: (1) update statutory cite; and (2) delete instructive information repositioned in related ITS.
340:75-16-29 [AMENDED] update definitions related to inpatient mental health treatment and reposition definition specific to OKDHS to related ITS.
340:75-16-29 ITS are new to add definition specific to OKDHS relating to APS Healthcare.
340:75-16-30 is amended to: (1) delete contractor agency name; and (2) add statutory provision for telephonic or teleconference hearings.
340:75-16-34 is revoked as either duplicative or information repositioned in another section of related rule or ITS.
340:75-16-37 is amended to delete information repositioned in related ITS.
340:75-16-38 is amended to: (1) correct agency name; and (2) clarify that consent for extraordinary medical care is required.
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; HB 2028; HB 1734, and SB 339.
| 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:December 15, 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]
340:75-12 [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]
Part 10. Oklahoma Children’s Services (OCS)
340:75-1-151 [AMENDED]
340:75-1-151.1 [AMENDED]
340:75-1-151.2 [AMENDED]
340:75-1-152 [AMENDED]
340:75-1-152.3 [AMENDED]
340:75-1-152.4 [REVOKED]
340:75-1-152.5 [AMENDED]
340:75-1-152.5 [AMENDED]
340:75-1-152.6 [AMENDED]
340:75-1-152.6 ITS [AMENDED]
340:75-1-152.7 [AMENDED]
340:75-1-152.8 [AMENDED]
340:75-1-152.9 [AMENDED]
340:75-1-154 [AMENDED]
Subchapter 3. Child Protective Services
340:75-3-1 [AMENDED]
340:75-3-2 [AMENDED]
340:75-3-4 [AMENDED]
340:75-3-5 [AMENDED]
340:75-3-6 [AMENDED]
340:75-3-6.1 [AMENDED]
340:75-3-7 [AMENDED]
340:75-3-7.1 [AMENDED]
340:75-3-7.2 [REVOKED]
340:75-3-7.2 [REVOKED]
340:75-3-7.3 [AMENDED]
340:75-3-7.4 [NEW]
340:75-3-7.5 [NEW]
340:75-3-8 [AMENDED]
340:75-3-8.1 [AMENDED]
340:75-3-8.1 [AMENDED]
340:75-3-8.2 [AMENDED]
340:75-3-8.3 [AMENDED]
340:75-3-8.4 [AMENDED]
340:75-3.8.5 [REVOKED]
340:75-3-8.6 [REVOKED]
340:75-3-9.1 [AMENDED]
340:75-3-10.1 [AMENDED]
340:75-3-10.2 [AMENDED]
340:75-3-10.3 [AMENDED]
340:75-3-11 [AMENDED]
340:75-3-12 [AMENDED]
340:75-3-13 [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 [AMENDED]
340:75-6-31.5 [AMENDED]
340:75-6-40 [AMENDED]
340:75-6-40.1 [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]
340:75-6-48.3 ITS [AMENDED]
340:75-6-49 [AMENDED]
340:75-6-49 ITS [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 [REVOKED]
340:75-6-115 [REVOKED]
340:75-6-115.1 [REVOKED]
340:75-6-115.3 [REVOKED]
340:75-6-115.4 [REVOKED]
340:75-6-115.5 [REVOKED]
340:75-6-115.6 [REVOKED]
340:75-6-115.7 [REVOKED]
340:75-6-115.8 [REVOKED]
340:75-6-115.9 [REVOKED]
340:75-6-115.10 [REVOKED]
Subchapter 7. Foster Home Care
Part 1. General Provisions
340:75-7-2 [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 [AMENDED]
340:75-8-14 [AMENDED]
Part 3. DDSD Services for Children in Custody
340:75-8-40 [AMENDED]
Subchapter 11. Child Welfare Community-Based Residential Care
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]
340:75-11-239 [AMENDED]
340:75-11-240 [AMENDED]
Part 19. Residential Diagnostic And Evaluation Services
340:75-11-250 [AMENDED]
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 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
340:75-13-65 [AMENDED]
Subchapter 15. Adoptions
Part 2. Legal Base and Scope of the Adoption Program
340:75-15-6 [AMENDED]
340:75-15-8 [REVOKED]
Part 6. Adoption Process
340:75-15-41 [REVOKED]
340:75-15-41.1 [NEW]
340:75-15-43 [REVOKED]
Part 8. Adoptive Placement Process
340:75-15-59 [REVOKED]
340:75-15-61 [REVOKED]
340:75-15-62 [REVOKED]
Part 10. Integrated Family Assessment and Preparation Process
340:75-15-85 [REVOKED]
340:75-15-92 [REVOKED]
Part 12. Post Placement Services
340:75-15-103 [AMENDED]
340:75-15-106 [REVOKED]
340:75-15-107 [REVOKED]
340:75-15-108 [REVOKED]
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 [AMENDED]
340:75-16-34 [REVOKED]
340:75-16-37 [AMENDED]
340:75-16-38 [AMENDED]
Contact:Caprice Tyner, 918-794-7538
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapters 1, 3, 4, 6, 7, 8, 11, 13, 15, and 16of Chapter 75 amend 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 by providing services that support and strengthen the family and protect its members.
Substantive changes.
340:75-1-9 is amended to condense and restructure the section by moving information to instructions to staff.
340:75-12 is amended to clarify the system for the resolution of grievances.
340:75-1-12.6 is amended to update (1) to whom a fair hearing may be granted; and (2 terminology and form numbers.
340:75-1-14 is amended to update terminology and delete instructive information for agency staff.
340:75-1-16 is amended to: (1) include prepetition emergency custody order determinations; (2) delete requirements not mandated to OKDHS; (3) delete instructive information for agency staff for inclusion in Instructions to Staff (ITS); (4) clarify mandate for release of a child when the adjudication hearing is not timely held; and (5) provide for teleconference hearings.
340:75-1-17 is amended to update statutory language regarding adjudicatory hearings and reasonable efforts not required to reunify family.
340:75-1-18 is amended to update dispositional hearing guidelines, dispositional options, court determinations, and placement preferences.
340:75-1-18.1 is amended to: (1) update statutory requirement for permanency planning meetings; and (2) delete information moved to ITS.
requirements.
340:75-1-18.2 is revoked to delete statutorily revoked process for permanent care and custody transfer to another person.
and custody transfer to another person.
340:75-1-18.3 is amended to delete statutorily revoked permanent care and custody transfer process and replaced with new statutory authority for permanent guardianship process.
340:75-1-18.4 is amended to: (1) clarify the provisions of a reasonable efforts not required to prevent removal or reunite the child and family determination by the court.; and (2) delete and reposition instructive information to ITS
340:75-1-20 is amended to: (1) clarify court review requirements consistent with statutory amendments; and (2) delete from rule, requirements not mandated to OKDHS.
340:75-1-21 is amended to: (1) update statutory information in relation to post-adjudication review board (PARB) reviews and OKDHS employees participation on the boards; and (2) delete requirements not mandated to the agency.
340:75-1-23 is amended to update cites to statutory procedures for termination of parental rights.
340:75-1-23.1 is new to outline statutory authority for reinstatement of parental rights.
340:75-1-29 is amended to clarify potential assignment of cases.
340:75-1-29 ITS are amended to: (1) outline case transfer meeting
Part 3. Child Welfare Confidentiality
340:75-1-42 is amended to update statutory cites and disclosure of information requirements.
340:75-1-44 is amended to update statutory cites and authority for disclosure of client information and records without a court order.
340:75-1-45 is amended to: (1) update statutory cite and information regarding release of records pursuant to a court order; and (2) delete outdated procedures for release of information.
340:75-1-46 is amended to update information related to the uniform Consent for Release of Information form state agencies are mandated to use.
Part 10. Oklahoma Children’s Services (OCS)
340:75-1-151 is amended to update the terminology used in the Oklahoma Children’s Services (OCS) referral procedure.
OCS referrals.
340:75-1-151.1 is amended to update consultation requirement related to a contracting agency’s right to decline cases.
340:75-1-151.2 is amended to include parent aide as a participant in the Comprehensive Home-Based Service (CHBS) intake staffing.
340:75-1-152 is amended to delete direction to staff for placement in ITS.
340:75-1-152.3 is amended to update terminology for consistency and form number.
340:75-1-152.4 is revoked as obsolete process.
340:75-1-152.5 is amended to removed instruction to staff from rule for placement in ITS.
340:75-1-152.6 is amended to update sentence structure.
340:75-1-152.7 is amended to update reasons for OCS case suspensions.
340:75-1-152.8 is amended to update terminology and delete instructive information for placement in ITS.
340:75-1-154 is amended to update sentence structure.
Subchapter 3. Child Protective Services
340:75-3-1 is amended to update terminology and statutory cites.
340:75-3-2 is amended to: (1)include legislative intent in family intervention; (2) update statutory definitions; and (3) delete agency-defined vernacular for placement in ITS.
340:75-3-4 is amended to clarify the scope of Child Protective Services.
340:75-3-5 is amended to clarify roles of other entities in child abuse and neglect investigations.
340:75-3-6 is amended to clarify the role of the OKDHS Abuse and Neglect Hotline.
340:75-3-6.1 is amended to outline the types of exceptional reports of abuse and neglect considered for assessment or investigation.
340:75-3-7 is amended to update report screening requirements and terminology.
340:75-3-7.1 is amended to update priority guidelines and move instructive information to ITS.
340:75-3-7.2 is revoked as information repositioned in other sections.
340:75-3-7.3 is amended to update statutory language regarding when an assessment or investigation is conducted..
340:75-3-7.4 is new and sets out general protocols for CPS assessments and investigations.
340:75-3-7.5 is new and details assessment protocol in relation to statutory requirements.
340:75-3-8 is amended to update terminology and statutory language in relation to investigation protocol.
340:75-3-8.1 is amended to: (1) update the investigation protocol for addressing reports of abuse or neglect in a foster or trial adoptive home; and (2) delete instructive information for repositioning in ITS.
340:75-3-8.2 is amended to delete instructive information regarding child care center or home investigations for repositioning in ITS.
340:75-3-8.3 amended to update tagline.
340:75-3-8.4 amended to update statutory cites and delete instructive information for repositioning in ITS.
340:75-3.8.5 is revoked as information repositioned to other sections.
340:75-3-8.6 is revoked as information repositioned in other sections.
340:75-3-9.1 is amended to: (1) clarify that child deaths may be reviewed by OKDHS Critical Incidents Review Committee or by an OKDHS administrative investigation; and (2) delete information repositioned in ITS
340:75-3-10.1 is amended to: (1) update safety determination and responses protocol; (2) add CW joint response with law enforcement protocol; (3) outline restoration of custody to parent, legal guardian, or custodian protocol when a child is in protective custody protocol; (4) update statutory authority for removal of children in diverse legal statuses; and (5) delete obsolete or instructive information from rule for repositioning in ITS.
340:75-3-10.2 is amended to update statutorily mandated findings in child abuse and neglect investigations.
340:75-3-10.3 is amended to update terminology.
340:75-3-11 is amended to update statutory cites and venue for filing child abuse and neglect legal actions.
340:75-3-12 is amended to: (1) update statutory cites and terminology for the Child Abuse and Neglect Information System also known as KIDS; and (2) delete information repositioned from rule to ITS.
340:75-3-13 is amended to: (1) outline statutory requirements for prevention and intervention-related services and associated determinations; (2) clarify disclosure of findings or conclusions to other professionals and the reporter of abuse and neglect; and (3) delete instructive information for staff for placement in ITS.
Subchapter 4. Family-Centered and Community Services
Part 1. Voluntary Family-Centered Services
340:75-4-9 is amended to: (1) clarify the purpose of voluntary family-centered services; and (2) update terminology and statutory cites.
340:75-4-12.1 is amended to outline voluntary family-centered services and supports provided and delete instructive information for repositioning to ITS.
340:75-4-12.2 is revoked and information repositioned in another section of rule.
340:75-4-13 is amended to update Family-Centered Services requirements and processes
340:75-4-14 is amended to (1) move instructive information to ITS; and (2) update terminology for consistency with enhanced Practice Model.
Subchapter 6. Permanency Planning
Part 1. General Provisions
340:75-6-1 is amended to update the purpose and philosophy of permanency planning.
340:75-6-4 is amended to revise statutory definitions and reposition agency definitions to ITS.
Part 5. Permanency Planning Services
340:75-6-30 is amended to clarify visitation processes between children, parents, and siblings and move instructive information to ITS.
340:75-6-31 is amended to: (1) update statutory cites and terminology; (2) clarify statutory authority for reunification with a parent and legal guardianship in relation to permanency planning for children.
340:75-6-31.1 is amended to delete obsolete requirements and include potential requirement by court for a permanency planning review prior to permanency hearings.
340:75-6-31.2 is amended to: (1) delete instructive information for repositioning in ITS; and (2) clarify when a Temporary Assistance for Needy Families (TANF) recipient may continue eligible for benefits when the child is in OKDHS custody.
340:75-6-31.3 is amended update statutory language regarding trial reunification.
340:75-6-31.4 is amended to update supported permanency procedures and outline procedures for Title IV-E subsidized guardianships.
340:75-6-31.5 is amended to update agency division name and name of a legislative Act related to establishment of paternity.
340:75-6-40 is amended to clarify the purpose of the case plan and delete instructive information for repositioning in ITS.
340:75-6-40.1 is amended to delete obsolete language regarding the placement plan and include requirements for the newly structure Child’s Individualized Service Plan (ISP).
340:75-6-40.2 is amended to clarify the requirements of the placement provider information.
340:75-6-40.3 is amended to explain the purpose of the Family Functional Assessment and delete instructive information repositioned in ITS.
340:75-6-40.4 is amended to: (1) revamp the ISP process to concur with statutory requirements; (2) delete instructive information for repositioning in ITS; and (3) delete obsolete requirements.
340:75-6-40.5 is amended to: (1) delete instructive information for repositioning in ITS; and (2) set out requirements for court reviews, including process on how to handle social records.
340:75-6-40.6 is amended to: (1) clarify the purpose of case contacts; and (2) delete instructive information for repositioning in ITS.
340:75-6-40.7 is revoked as obsolete.
340:75-6-44 is amended to: (1) enhance process for case planning in heinous and shocking cases or cases in which reasonable efforts to reunify are not required; and (2) delete obsolete process.
340:75-6-45 is amended to update procedure for case planning for incarcerated parents to conform to statutory revisions.
340:75-6-46 is amended to: (1) delete instructive information for repositioning in ITS; and (2) update agency name and syntax.
Part 8. Role of the Child Welfare Worker
340:75-6-48 is amended to delete instructive information for repositioning in ITS; and (2) detail statutory requirement for visitation with foster children.
340:75-6-48.1 is amended to explain the role of the child’s attorney and related statutory authority.
340:75-6-48.2 is amended to correct syntax and update statutory cite related to child’s court-appointed special advocate or guardian ad litem.
340:75-6-48.3 is amended to delete duplicative information found in ITS related to runaway or abducted children.
340:75-6-49 is amended to clarify statutory authority for selecting placement in accord with the child or parent’s religious faith and delete instructive information repositioned in ITS.
340:75-6-50 is amended to: (1) include statutorily mandated assurance of school attendance for children eligible for Title IV-E foster care maintenance payments; and (2) delete instructive information repositioned in ITS.
Part 11. Permanency Planning and Placement Services
340:75-6-85 is amended to: (1) include legislative intent for children placed outside the home; and (2) update placement considerations for children in OKDHS custody.
340:75-6-85.1 is revoked and information placed in other sections of rule or ITS.
340:75-6-85.2 is amended to update statutory requirements for placement preferences and diligence required to identify and notify relatives.
340:75-6-85.3 is amended to clarify statutory requirements for sibling placement.
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 statutory authority for protective supervision of cases.
340:75-6-85.6 is amended to: (1) delete instructive information repositioned in ITS; and (2) clarify syntax.
340:75-6-88 is amended to: (1) update statutory cite requiring OKDHS to provide medical care to children in OKDHS custody; and (2) delete instructive information for repositioning in ITS.
340:75-6-91 is amended to update terminology and delete instructive information repositioned in ITS.
Part 13. Independent Living
340:75-6-110 is amended to combine information from other sections of rule into one section outlining the Independent Living program and related requirements.
340:75-6-114 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115.1 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115.3 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115.4 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115.5 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115.6 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115.7 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115.8 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115.9 is revoked and repositioned in 340:75-6-110 or related ITS.
340:75-6-115.10 is revoked and repositioned in 340:75-6-110 or related ITS.
Subchapter 7. Foster Home Care
Part 1. General Provisions
340:75-7-2 is amended to update statutory cites and definitions related to foster home care.
340:75-7-12 is amended to update foster home care applicant requirements.
340:75-7-14 is amended to update and clarify Bridge resource applicant’s training requirements.
340:75-7-15 is amended to update and clarify background investigation and assessment requirements for Bridge resource applicants.
340:75-7-18 is amended to: (1) restructure information related to Bridge resource family assessments; (2) update terminology; and (3) delete instructive information repositioned in ITS.
340:75-7-24 is amended to update terminology.
Part 4. Roles and Responsibilities
340:75-7-37 is amended to add responsibilities to the child for Bridge resource parents.
340:75-7-37.1 is amended to: (1) update statutory language related to recruitment of Bridge resource homes; and (2) delete instructive information repositioned to ITS.
340:75-7-41 is amended to update statutory language related to placement considerations and requirements.
Part 5. Eligibility and Payments
340:75-7-52 is amended to update terminology and specify when foster care maintenance payments may begin.
Part 6. Foster Home Care Support Services
340:75-7-65 is amended to clarify procedures for informal arrangements for babysitting and update terminology.
Part 8. Continuous Quality Assessment of a Resource Home
340:75-7-94 is amended to describe when a resource home is closed and delete instructive information repositioned in ITS.
Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services
Part 1. Therapeutic Foster Care
340:75-8-1 is amended to clarify purpose of therapeutic foster care (TFC) and update statutory cites.
340:75-8-6 is amended to update statutory cites and syntax.
340:75-8-7 is amended to correct syntax and update terminology.
340:75-8-9 is amended to correct age of children served by TFC.
340:75-8-10 is amended to update terminology to conform to statutory language
340:75-8-13 is amended to delete instructive information repositioned in related ITS.
340:75-8-14 is amended to delete instructive information repositioned in related ITS.
Part 3. DDSD Services for Children in Custody
340:75-8-40 is amended to delete instructive information from rule repositioned in related ITS.
Subchapter 11. Child Welfare Community-Based Residential Care
Part 17. Contracted Community-Based Residential Care Providers
340:75-11-230 is amended to update statutory cites and definitions related to contracted community-based residential care (CBRC) providers.
340:75-11-233 is amended to: (1) update statutory cites; and (2) clarify when children younger than 10 years of age may be placed in CBRC.
340:75-11-233.1 is amended to delete instructive information repositioned in related ITS.
340:75-11-237 is amended to: (1) update statutory and policy cites; and (2) clarify use of physical force in CBRC.
340:75-11-239 is amended to correct agency name.
340:75-11-240 is amended to: (1) update statutory cites; and (2) clarify when consent is needed for certain types of medical care.
Part 19. Residential Diagnostic And Evaluation Services
340:75-11-250 is amended to: (1) clarify time frame for contracted CBRC to complete the comprehensive assessment of the child; and (2) update form number.
340:75-11-265 is amended to update form number.
Part 23. Specialized Community Homes
340:75-11-287 is amended to update statutory cite.
Part 25. Non-funded and Funded Contracted Level B Placements
340:75-11-301 is amended to clarify that referrals to the non-funded Level B group homes are made by the contract liaison to the specific facility.
Part 27. Residential Maternity Services
Part 29. Non-funded and Funded Level C Placements
340:75-11-330 is amended to clarify how referrals are received for funded and non-funded contractors.
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
340:75-13-65 is amended to update statutory requirements for consent for medical care for children in OKDHS custody.
Subchapter 15. Adoptions
Part 2. Legal Base and Scope of the Adoption Program
340:75-15-6 is amended to clarify the scope of the adoption program.
340:75-15-8 is revoked as duplicative information or because information was repositioned in another section of rule or ITS.
Part 6. Adoption Process
340:75-15-41 is revoked as duplicative information or information repositioned in another section of rule or ITS for clarity and conciseness.
340:75-15-41.1 is new to clarify statutory requirements for adoption placement considerations.
340:75-15-43 is revoked as duplicative information or information repositioned in another section of rule or ITS for clarity or alignment of subject matter.
Part 8. Adoptive Placement Process
340:75-15-59 is revoked as information repositioned to another section for clarity and alignment of subject matter.
340:75-15-61 is revoked as information repositioned to another section for clarity and alignment of subject matter.
340:75-15-62 is revoked as subject matter repositioned in another section.
Part 10. Integrated Family Assessment and Preparation Process
340:75-15-85 is revoked as subject matter repositioned in another section.
340:75-15-92 is revoked as information repositioned to another section for clarity and alignment of subject matter.
Part 12. Post Placement Services
340:75-15-103 is amended to: (1) clarify services provided to children in adoptive homes; and (2) include statutory language related to post-adoption contact agreements.
340:75-15-106 is revoked as information repositioned to another section for alignment of subject matter.
340:75-15-107 is revoked as information repositioned to another section for alignment of subject matter.
340:75-15-108 is revoked as information repositioned to another section for alignment of subject matter.
Subchapter 16. Mental Health Treatment Services
Part 1. Inpatient Mental Health Treatment
340:75-16-28 is amended to: (1) update statutory cite; and (2) delete instructive information repositioned in related ITS.
340:75-16-29 [AMENDED] update definitions related to inpatient mental health treatment and reposition definition specific to OKDHS to related ITS.
340:75-16-29 ITS are new to add definition specific to OKDHS relating to APS Healthcare.
340:75-16-30 is amended to: (1) delete contractor agency name; and (2) add statutory provision for telephonic or teleconference hearings.
340:75-16-34 is revoked as either duplicative or information repositioned in another section of related rule or ITS.
340:75-16-37 is amended to delete information repositioned in related ITS.
340:75-16-38 is amended to: (1) correct agency name; and (2) clarify that consent for extraordinary medical care is required.
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 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 with state 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 December 15, 2009.
