OKLAHOMA DEPARTMENT OF HUMAN SERVICES Rule Impact Statement

To:Dena Thayer, Programs Manager

Policy Management Unit

From:Deborah G. Smith, Director

Children and Family Services Division

Date:September 3, 2010

Re:CHAPTER 75. CHILD WELFARE

Subchapter 1. General Provisions of Child Welfare

Part 3. Child Welfare Confidentiality

OAC 340:75-1-44 [AMENDED]

Subchapter 3. Child Protective Services

OAC 340:75-3-6.1 [AMENDED]

OAC 340:75-3-11 [AMENDED]

OAC 340:75-3-13 [AMENDED]

Subchapter 6. Permanency Planning

Part 5. Permanency Planning Services

OAC 340:75-6-31.3 [AMENDED]

Part 11. Permanency Planning and Placement Services

OAC 340:75-6-86 [AMENDED]

OAC 340:75-6-88 [AMENDED]

Subchapter 11. Child Welfare Community-Based Residential Care

Part 17. Contracted Community-Based Residential Care Providers

OAC 340:75-11-240 [AMENDED]

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

Part 7. Medical Services

OAC 340:75-13-65 [REVOKED]

Subchapter 15. Adoptions

Part 2. Legal Base and Scope of the Adoption Program

OAC 340:75-15-9 [AMENDED]

Subchapter 16. Mental Health Treatment Services

Part 1. Inpatient Mental Health Treatment

OAC 340:75-16-30 [AMENDED]

OAC 340:75-16-38 [AMENDED]

(Reference APA WF10-12)

Contact:Caprice Tyner, 918-794-7538

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

Purpose. The proposed revisions to Subchapter 1, 3, 6, 11, 13, 15, and 16of Chapter 75 bring the rules into conformity with recently enacted legislation.

Strategic Plan impact. The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by providing services that support and strengthen the family and protect its members.

Substantive changes.

OAC 340:75-1-44 is revised to conform to statutory language by updating: (1) protocol for disclosure of confidential information when a child is in need of services; and (2) statutory cites.

OAC 340:75-3-6.1 is revised to reflect statutory changes relating to reports of abuse or neglect from the court.

OAC 340:75-3-11 is revised to conform to statutory language by updating: (1) reflect statutory change regarding venue for the submission of child abuse and neglect investigative reports; and (2) statutory cites.

OAC 340:75-3-13 is revised to reflect recent statutory change regarding protocol to determine if a family has accessed recommended safety-related services.

OAC 340:75-6-31.3 is revised to reflect the recently updated statutes and procedures relating to trial home reunification.

OAC 340:75-6-86 is revised to bring protocols related to changes in a child's living arrangements into conformity with statutory provisions.

OAC 340:75-6-88 is revised to reposition and update protocols and procedures related to medical services for children in OKDHS custody and conform with statutory language.

OAC 340:75-11-240 is revised to reflect statutory changes regarding the provision of psychotropic medication.

OAC 340:75-13-65 is revoked as language, updated to conform to statutory provisions, was repositioned in OAC 340:75-6-88.

OAC 340:75-15-9 is revised to reflect adoption confidentiality provisions conform to current statutes.

OAC 340:75-16-30 is revised to update a statutory reference consistent with recent statutory change.

OAC 340:75-16-38 is revised to delete the reference to psychotropic medication as extraordinary care, conforming with to recent statutory revisions.

Reasons. The proposed revisions bring the rules into conformity with recently enacted legislation.

Repercussions. The proposed rule revisions ensure OKDHS operates under the correct statutory guidelines.If the proposed revisions are not implemented, OKDHS protocols and procedures will not comply with legal mandates.

Legal authority. Commission for Human Services, Article XXV, Sections 2 and 4 of the Oklahoma Constitution; House Bill 1741 (HB 1741); HB 1964; HB 3292, Section 1-6-103 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-6-103); 10A O.S. § 2-4-101; 10A O.S. § 1-6-103; 22 O.S. § 20; 10A O.S. § 1-4-101; 10A O.S. § 1-2-105; 10A O.S. § 1-4-806; 10A O.S. § 1-7-103; 10A O.S. § 1-4-804; 10A O.S. § 1-3-102; 10 O.S. § 7504-1.2; and 43A O.S. § 5-511.

Emergency approval. Emergency rulemaking approval is requested as OKDHS finds a compelling public interest toconform rules to recently enacted statutes.

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 rule revisions are children alleged or adjudicated deprived and their families.The affected classes of persons will bear no costs associated with implementation of the rules.

C.A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are children alleged or adjudicated deprived and their families.

D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each: The revised rules do not have an economic impact on the affected entities. There are no fee changes associated with the revised rules.

E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency: The probable cost to OKDHS includes the cost of printing and distributing the rules that is estimated to be less than $20.The revised rules will result in enhanced delivery of services that positively affect children and their families.

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, nonregulatory methods, or less intrusive methods for complying with state mandates.

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 rule revisions bring the rules into compliance with state law that has a positive impact on the health, safety, and well-being of the children and families served; for example, by: (1) requiring a determination as to whether families have accessed recommended services directly related to the child's safety; or (2) updating procedures for receiving reports from courts when a defendant has been sentenced to incarceration and has not made appropriate arrangements for the care of a child.

J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed rule revisions are not implemented, OKDHS rules will not comply with state regulations, placing children at further risk.Implementation of the proposed rule revisions bring the rules into compliance with state law, that has a positive impact on the health, safety, and well-being of the children and families served; for example, by: (1) requiring a determination as to whether families have accessed recommended services directly related to the child's safety; or (2) updating procedures for receiving reports from courts when a defendant has been sentenced to incarceration and has not made appropriate arrangements for the care of a child.

K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared September 3, 2010; modified September 22, 2010.