COMMENT DUE DATE:
February 1, 2011
DATE:
January 21, 2011
Caprice Tyner, CFSD (918) 794-7538
Dena Thayer, OIRP Programs Administrator (405) 521-4326
Nancy Kelly, OIRP (405) 522-6703
RE:
APA WF 10-22
The proposed policy is Permanent . This proposal will go to the Commission meeting on
Language previously approved under the emergency rulemaking process is highlighted in Aqua.
CHAPTER 75. CHILD WELFARE
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
OAC 340:75-1-2 [AMENDED]
OAC 340:75-1-6 [REVOKED]
OAC 340:75-1-7 [AMENDED]
OAC 340:75-1-9 [AMENDED]
OAC 340:75-1-12.2 [REVOKED]
OAC 340:75-1-12.7 through 340:75-1-12.8 [REVOKED]
OAC 340:75-1-13 through 340:75-1-14 [AMENDED]
OAC 340:75-1-18.3 [REVOKED]
OAC 340:75-1-25 [REVOKED]
OAC 340:75-1-26 [AMENDED]
OAC 340:75-1-26.2 [AMENDED]
OAC 340:75-1-27 through 340:75-1-28 [AMENDED]
Part 3. Child Welfare Confidentiality
OAC 340:75-1-42 [AMENDED]
OAC 340:75-1-43 [REVOKED]
Part 10. Oklahoma Children's Services (OCS)
OAC 340:75-1-152.9 [AMENDED]
Subchapter 3. Child Protective Services
OAC 340:75-3-2 [AMENDED]
OAC 340:75-3-6.1 [AMENDED]
OAC 340:75-3-7.4 through 340:75-3-7.5 [AMENDED]
OAC 340:75-3-8 through 340:75-3-8.1 [AMENDED]
OAC 340:75-3-14 [REVOKED]
OAC 340:75-3-20 [ISSUED]
Subchapter 6. Permanency Planning
Part 1. General Provisions
OAC 340:75-6-4 [AMENDED]
Part 5. Permanency Planning Services
OAC 340:75-6-31.1 [AMENDED]
OAC 340:75-6-31.4 [AMENDED]
Part 7. Case Plans
OAC 340:75-6-40.3 through 340:75-6-40.4 [AMENDED]
Part 8. Role of the Child Welfare Worker
OAC 340:75-6-48 [AMENDED]
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85.4 [AMENDED]
OAC 340:75-6-86 [AMENDED]
OAC 340:75-6-91 [AMENDED]
Part 13. Independent Living
OAC 340:75-6-110 [AMENDED]
Subchapter 7. Foster Home Care
Part 2. Development of Resources
OAC 340:75-7-18 [AMENDED]
Part 6. Foster Home Care Support Services
OAC 340:75-7-65 [AMENDED]
Part 28. Foster Parent Hotline and Mediation [ISSUED]
OAC 340:75-7-290 through 340:75-7-291 [ISSUED]
Subchapter 10. Emergency Shelter Care
OAC 340:75-10-8 [AMENDED]
OAC 340:75-10-8.1 through 340:75-10-8.4 [ISSUED]
OAC 340:75-10-9 through 340:75-10-20 [REVOKED]
Subchapter 13.Other Child Welfare Services and Medical Services for Children In Out-Of-Home Care
Part 7. Medical Services
OAC 340:75-13-63 through 340:75-13-64 [AMENDED]
OAC 340:75-13-75 [AMENDED]
OAC 340:75-13-80 through 340:75-13-81 [AMENDED]
Subchapter 15. Adoptions
Part 14. Post Adoption Services
OAC 340:75-15-128 [AMENDED]
OAC 340:75-15-128.2 [AMENDED]
Subchapter 16. Mental Health Treatment Services
Part 1. Inpatient Mental Health Treatment
OAC 340:75-16-37 [AMENDED]
(Reference APA WFs 10-12, 10-22)
SUMMARY:The proposed revisions to Subchapter 1, 3, 6, 7, 19, 13, 15, and 16of Chapter 75 amend the rules to:(1) conform the rules with recently enacted legislation; and (2) clarify and update protocols and procedures that support the safety, permanency, and well-being of children alleged or adjudicated deprived.
Substantive changes.
OAC 340:75-1-2 is amended to update sentence structure related to the purposes of child welfare services.
OAC 340:75-1-6 is revoked as duplicative or unnecessary related to the Children and Family Services Division.
OAC 340:75-1-7 is amended to update sentence structure related to eligibility for child welfare services.
OAC 340:75-1-9 is amended to update section tagline related to OKDHS authority to administer a child welfare program.
OAC 340:75-1-12.2 is revoked and language related to appeal process repositioned as 340:75-3-20.
OAC 340:75-1-12.7 is revoked and language regarding foster parent hotline repositioned as 340:75-7-290.
OAC 340:75-1-12.8 is revoked and language related to foster care mediation repositioned as 340:75-7-291.
OAC 340:75-1-13 amended to delete obsolete procedures and update sentence structureregarding providing assistance to other states.
OAC 340:75-1-14 is amended to clarify enforcement authority, legal considerations, and deprived proceedings related to child welfare services.
OAC 340:75-1-18.3 is revoked and language related to permanent guardianship repositioned in 340:75-6-31.4.
OAC 340:75-1-26 is amended to cite the statutory requirement for the maintenance of child welfare records and delete instructive information repositioned in Instructions to Staff (ITS).
OAC 340:75-1-26.2 is amended to update sentence structure regarding death certificates.
OAC 340:75-1-27 is revoked as duplicative language.
OAC 340:75-1-28 is amended to delete instructive information regarding contingency funds for repositioning in ITS.
OAC 340:75-1-42 amended to update protocol for confidentiality of client information.
OAC 340:75-1-43 is revoked as duplicative of information contained in other sections.
OAC 340:75-1-152.9 is amended to clarify procedure regarding Critical Incident Reports.
OAC 340:75-3-2 is amended to correct syntax and punctuation related to child protective services (CPS) definitions.
OAC 340:75-3-6.1 is amended to update statutory provisions and reposition information from ITS to rule regarding reports of child abuse or neglect with specialized protocols.
OAC 340:75-3-7.4 is amended to update general protocols for assessments and investigations.
OAC 340:75-3-7.5 is amended to delete information repositioned in another section of rule or ITS related to assessment protocol.
OAC 340:75-3-8 is amended to: (1) update investigation protocol; and (2) delete duplicative or repositioned information.
OAC 340:75-3-8.1 is amended to update sentence structure for investigation protocol for reports of abuse or neglect in a foster or trial adoptive home.
OAC 340:75-3-14 is revoked as duplicative or obsolete regarding the statewide hotline.
OAC 340:75-3-20 is issued to reposition the appeal process for substantiated findings of child abuse or neglect.
OAC 340:75-6-4 is amended to correct syntax regarding definitions related to permanency planning.
OAC 340:75-6-31.1 is amended to update sentence structure regarding the family team meeting process.
OAC 340:75-6-31.4 is amended to: (1) reposition information regarding permanent guardianships to this Section; and (2) clarify procedures related to supported permanency and Title IV-E subsidized guardianships.
OAC 340:75-6-40.3 is amended to update sentence structure related to the family functional assessment.
OAC 340:75-6-40.4 is amended to update sentence structure related to the Individualized Service Plan (ISP).
OAC 340:75-6-48 is amended to update the Section tagline regarding Child Welfare (CW) contacts with child, placement providers, parents, and service providers.
OAC 340:75-6-85.4 is amended to update sentence structure related to the permanency plan of adoption.
OAC 340:75-6-86 is amended to update requirements for, and notifications of, changes in a child's living arrangements.
OAC 340:75-6-91 is amended to update and clarify requirements for child care services for CW clients.
OAC 340:75-6-110 is amended to include a process for assisting a youth in executing a health care power of attorney, health care proxy, or other similar documents recognized under state or tribal law.
OAC 340:75-7-18 is amended to clarify the resource parent's obligation to report changes in household.
OAC 340:75-7-65 is amended to clarify processes and eligibility for childcare services for children in OKDHS and tribal custody.
OAC 340:75-7-290 is issued to reposition information regarding the foster parent hotline.
OAC 340:75-7-291 is issued to reposition information regarding foster care mediation.
OAC 340:75-10-8 is amended to update the purpose and authority for emergency shelters managed and operated by OKDHS.
OAC 340:75-10-8.1 is issued to reposition information regarding to general requirements including education and children's rights while in shelter care.
OAC 340:75-10-8.2 is issued to reposition information related to medical services in OKDHS managed and operated shelters.
OAC 340:75-10-8.3 is issued to reposition and update information regarding care and supervision of shelter residents.
OAC 340:75-10-8.4 is issued to reposition and update procedures regarding children who attempt to leave the shelter facility without permission.
OAC 340:75-10-9, 340:75-10-10 through 340:75-10-20 are revoked as duplicative or obsolete related to shelter care.
OAC 340:75-13-63 is amended to update procedures for prior authorization for medical services and claims.
OAC 340:75-13-64 is amended to update the reimbursement process for child abuse examinations.
OAC 340:75-13-75 is amended to clarify Title IV-E eligibility when the child is placed out-of-state through the Interstate Compact on the Placement of Children.
OAC 340:75-13-80 is amended to update the processes for determination of medical eligibility.
OAC 340:75-13-81 is amended to clarify the process for organ donation during the life of a child in OKDHS custody.
OAC 340:75-15-128 is amended to update the agency name, sentence structure, and statutory cite.
OAC 340:75-15-128.2 is amended to clarify that kinship guardianship assistance payments are not considered when determining eligibility for adoption assistance.
OAC 340:75-16-37 is amended to delete a paragraph tagline related to inpatient mental health treatment.
LEGAL AUTHORITY:Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Section 1-1-104 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-104); 10A O.S. § 1-6-108; 22 O.S. § 60.14; 10A O.S. § 1-4-102; 10A O.S. § 1-4-203; 10A O.S. § 1-2-109; 10A O.S. § 1-2-105; 10A O.S. § 1-9-102; 10A O.S. § 1-2-106; 10A O.S. § 1-2-102; 10A O.S. § 1-4-902; 10A O.S. § 1-2-101; 10A O.S. § 1-4-909; 10A O.S. § 1-4-710; 10A O.S. § 1-4-711; 10A O.S. § 1-4-804; 10A O.S. § 1-4-805; 10A O.S. § 1-9-119; 10A O.S. § 1-9-111; 10 O.S. § 601.3; 10A O.S. § 1-6-103; 10A O.S. § 1-7-105; and 10A O.S. § 1-7-103.
| 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:November 29, 2010
Re:CHAPTER 75. CHILD WELFARE
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
OAC 340:75-1-2 [AMENDED]
OAC 340:75-1-6 [REVOKED]
OAC 340:75-1-7 [AMENDED]
OAC 340:75-1-9 [AMENDED]
OAC 340:75-1-12.2 [REVOKED]
OAC 340:75-1-12.7 through 340:75-1-12.8 [REVOKED]
OAC 340:75-1-13 through 340:75-1-14 [AMENDED]
OAC 340:75-1-18.3 [REVOKED]
OAC 340:75-1-25 [REVOKED]
OAC 340:75-1-26 [AMENDED]
OAC 340:75-1-26.2 [AMENDED]
OAC 340:75-1-27 through 340:75-1-28 [AMENDED]
Part 3. Child Welfare Confidentiality
OAC 340:75-1-42 [AMENDED]
OAC 340:75-1-43 [REVOKED]
Part 10. Oklahoma Children's Services (OCS)
OAC 340:75-1-152.9 [AMENDED]
Subchapter 3. Child Protective Services
OAC 340:75-3-2 [AMENDED]
OAC 340:75-3-6.1 [AMENDED]
OAC 340:75-3-7.4 through 340:75-3-7.5 [AMENDED]
OAC 340:75-3-8 through 340:75-3-8.1 [AMENDED]
OAC 340:75-3-14 [REVOKED]
OAC 340:75-3-20 [ISSUED]
Subchapter 6. Permanency Planning
Part 1. General Provisions
OAC 340:75-6-4 [AMENDED]
Part 5. Permanency Planning Services
OAC 340:75-6-31.1 [AMENDED]
OAC 340:75-6-31.4 [AMENDED]
Part 7. Case Plans
OAC 340:75-6-40.3 through 340:75-6-40.4 [AMENDED]
Part 8. Role of the Child Welfare Worker
OAC 340:75-6-48 [AMENDED]
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85.4 [AMENDED]
OAC 340:75-6-86 [AMENDED]
OAC 340:75-6-91 [AMENDED]
Part 13. Independent Living
OAC 340:75-6-110 [AMENDED]
Subchapter 7. Foster Home Care
Part 2. Development of Resources
OAC 340:75-7-18 [AMENDED]
Part 6. Foster Home Care Support Services
OAC 340:75-7-65 [AMENDED]
Part 28. Foster Parent Hotline and Mediation [NEW]
OAC 340:75-7-290 through 340:75-7-291 [ISSUED]
Subchapter 10. Emergency Shelter Care
OAC 340:75-10-8 [AMENDED]
OAC 340:75-10-8.1 through 340:75-10-8.4 [ISSUED]
OAC 340:75-10-9 through 340:75-10-20 [REVOKED]
Subchapter 13.Other Child Welfare Services and Medical Services for Children In Out-Of-Home Care
Part 7. Medical Services
OAC 340:75-13-63 through 340:75-13-64 [AMENDED]
OAC 340:75-13-75 [AMENDED]
OAC 340:75-13-80 through 340:75-13-81 [AMENDED]
Subchapter 15. Adoptions
Part 14. Post Adoption Services
OAC 340:75-15-128 [AMENDED]
OAC 340:75-15-128.2 [AMENDED]
Subchapter 16. Mental Health Treatment Services
Part 1. Inpatient Mental Health Treatment
OAC 340:75-16-37 [AMENDED]
(Reference APA WFs 10-12, 10-22)
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, 7, 10, 13, 15, and 16 of Chapter 75 amend the rules to (1) bring the rules into conformity with current state law; and (2) clarify and update protocols and procedures that support the safety, permanency, and well-being of children alleged or adjudicated deprived.
Strategic Plan impact.The proposed rules achieve OKDHS goals by providing services that support and strengthen the family and protect its members.
Substantive changes.
340:75-1-2 is amended to update sentence structure related to the purposes of child welfare services.
340:75-1-6 is revoked as duplicative or unnecessary related to the Children and Family Services Division.
340:75-1-7 is amended to update sentence structure related to eligibility for child welfare services.
340:75-1-9 is amended to update section tagline related to OKDHS authority to administer a child welfare program.
340:75-1-12.2 is revoked and language related to appeal process repositioned as 340:75-3-20.
340:75-1-12.7 is revoked and language regarding foster parent hotline repositioned as 340:75-7-290.
340:75-1-12.8 is revoked and language related to foster care mediation repositioned as 340:75-7-291.
340:75-1-13 amended to delete obsolete procedures and update sentence structureregarding providing assistance to other states.
340:75-1-14 is amended to clarify enforcement authority, legal considerations, and deprived proceedings related to child welfare services.
340:75-1-18.3 is revoked and language related to permanent guardianship repositioned in 340:75-6-31.4.
340:75-1-26 is amended to cite the statutory requirement for the maintenance of child welfare records and delete instructive information repositioned in Instructions to Staff (ITS).
340:75-1-26.2 is amended to update sentence structure regarding death certificates.
340:75-1-27 is revoked as duplicative language.
340:75-1-28 is amended to delete instructive information regarding contingency funds for repositioning in ITS.
340:75-1-42 amended to update protocol for confidentiality of client information.
340:75-1-43 is revoked as duplicative of information contained in other sections.
340:75-1-152.9 is amended to clarify procedure regarding Critical Incident Reports.
340:75-3-2 is amended to correct syntax and punctuation related to child protective services (CPS) definitions.
340:75-3-6.1 is amended to update statutory provisions and reposition information from ITS to rule regarding reports of child abuse or neglect with specialized protocols.
340:75-3-7.4 is amended to update general protocols for assessments and investigations.
340:75-3-7.5 is amended to delete information repositioned in another section of rule or ITS related to assessment protocol.
340:75-3-8 is amended to: (1) update investigation protocol; and (2) delete duplicative or repositioned information.
340:75-3-8.1 is amended to update sentence structure for investigation protocol for reports of abuse or neglect in a foster or trial adoptive home.
340:75-3-14 is revoked as duplicative or obsolete regarding the statewide hotline.
340:75-3-20 is issued to reposition the appeal process for substantiated findings of child abuse or neglect.
340:75-6-4 is amended to correct syntax regarding definitions related to permanency planning.
340:75-6-31.1 is amended to update sentence structure regarding the family team meeting process.
340:75-6-31.4 is amended to: (1) reposition information regarding permanent guardianships to this Section; and (2) clarify procedures related to supported permanency and Title IV-E subsidized guardianships.
340:75-6-40.3 is amended to update sentence structure related to the family functional assessment.
340:75-6-40.4 is amended to update sentence structure related to the Individualized Service Plan (ISP).
340:75-6-48 is amended to update the Section tagline regarding Child Welfare (CW) contacts with child, placement providers, parents, and service providers.
340:75-6-85.4 is amended to update sentence structure related to the permanency plan of adoption.
340:75-6-86 is amended to update requirements for, and notifications of, changes in a child's living arrangements.
340:75-6-91 is amended to update and clarify requirements for child care services for CW clients.
340:75-6-110 is amended to include a process for assisting a youth in executing a health care power of attorney, health care proxy, or other similar documents recognized under state or tribal law.
340:75-7-18 is amended to clarify the resource parent's obligation to report changes in household.
340:75-7-65 is amended to clarify processes and eligibility for childcare services for children in OKDHS and tribal custody.
340:75-7-290 is issued to reposition information regarding the foster parent hotline.
340:75-7-291 is issued to reposition information regarding foster care mediation.
340:75-10-8 is amended to update the purpose and authority for emergency shelters managed and operated by OKDHS.
340:75-10-8.1 is issued to reposition information regarding to general requirements including education and children's rights while in shelter care.
340:75-10-8.2 is issued to reposition information related to medical services in OKDHS managed and operated shelters.
340:75-10-8.3 is issued to reposition and update information regarding care and supervision of shelter residents.
340:75-10-8.4 is issued to reposition and update procedures regarding children who attempt to leave the shelter facility without permission.
340:75-10-9 is revoked as duplicative or obsolete related to shelter care.
340:75-10-10 is revoked as duplicative or obsolete related to shelter care.
340:75-10-11 is revoked as duplicative or obsolete related to shelter care.
340:75-10-12 is revoked as duplicative or obsolete related to shelter care.
340:75-10-13 is revoked as duplicative or obsolete related to shelter care.
340:75-10-14 is revoked as duplicative or obsolete related to shelter care.
340:75-10-15 is revoked as duplicative or obsolete related to shelter care.
340:75-10-16 is revoked as duplicative or obsolete related to shelter care.
340:75-10-17 is revoked as duplicative or obsolete related to shelter care.
340:75-10-18 is revoked as duplicative or obsolete related to shelter care.
340:75-10-19 is revoked as duplicative or obsolete related to shelter care.
340:75-10-20 is revoked as duplicative or obsolete related to shelter care.
340:75-13-63 is amended to update procedures for prior authorization for medical services and claims.
340:75-13-64 is amended to update the reimbursement process for child abuse examinations.
340:75-13-75 is amended to clarify Title IV-E eligibility when the child is placed out-of-state through the Interstate Compact on the Placement of Children.
340:75-13-80 is amended to update the processes for determination of medical eligibility.
340:75-13-81 is amended to clarify the process for organ donation during the life of a child in OKDHS custody.
340:75-15-128 is amended to update the agency name, sentence structure, and statutory cite.
340:75-15-128.2 is amended to clarify that kinship guardianship assistance payments are not considered when determining eligibility for adoption assistance.
340:75-16-37 is amended to delete a paragraph tagline related to inpatient mental health treatment.
Reasons.The proposed revisions bring the rules into conformity with current state law and the practice model for delivery of child welfare services.
Repercussions. The proposed rules ensure OKDHS operates under the correct statutory guidelines.If the proposed revisions are not implemented, OKDHS protocols and procedures will not be in compliance with legal mandates or the practice model for delivery of child welfare services.
Legal authority. Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Section 1-1-104 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-104); 10A O.S. § 1-6-108; 22 O.S. § 60.14; 10A O.S. § 1-4-102; 10A O.S. § 1-4-203; 10A O.S. § 1-2-109; 10A O.S. § 1-2-105; 10A O.S. § 1-9-102; 10A O.S. § 1-2-106; 10A O.S. § 1-2-102; 10A O.S. § 1-4-902; 10A O.S. § 1-2-101; 10A O.S. § 1-4-909; 10A O.S. § 1-4-710; 10A O.S. § 1-4-711; 10A O.S. § 1-4-804; 10A O.S. § 1-4-805; 10A O.S. § 1-9-119; 10A O.S. § 1-9-111; 10 O.S. § 601.3; 10A O.S. § 1-6-103; 10A O.S. § 1-7-105; and 10A O.S. § 1-7-103.
Permanent approval.Permanent rulemaking approval is requested.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities: The classes of persons most likely to be affected by the proposed rules are children alleged or adjudicated deprived and their families, The affected classes of persons will bear no costsassociated 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 and caretakers.
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 positively impact children and 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 or nonregulatory methods or less intrusive methods for updating policy and procedures.
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 law and current practices in the delivery of child welfare services that will have a positive impact on the health, safety, and well-being of children alleged or adjudicated deprived.For example, these revisions will bring the OKDHS managed and operated shelters into compliance with state laws related to children's rights and update practices to comply with the agency's current practice model for child welfare services. .
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, OKDHS rules and practices will not be in compliance with state law and the current practice model for delivery of child welfare services.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared November 29, 2010.
