COMMENT DUE DATE:
January 17, 2012
DATE:
December 19, 2011
Caprice Tyner (918) 581-2278
Dena Thayer, OIRP Programs Administrator (405) 521-4326
Nancy Kelly, OIRP (9405) 522-6703
RE:
APA WF 11-06
The proposed policy is Permanent . This proposal will go to the Commission meeting on
Subchapter 1. General Provisions of Child Welfare Services
Part 3. Child Welfare Confidentiality
OAC 340:75-1-44 through 340:75-1-45 [AMENDED]
Part 7. Interstate Compact on the Placement of Children
OAC 340:75-1-86 [AMENDED]
Subchapter 3. Child Protective Services
OAC 340:75-3-6.1 [AMENDED]
OAC 340:75-3-7.1 [AMENDED]
OAC 340:75-3-7.3 [AMENDED]
OAC 340:75-3-8.4 [AMENDED]
OAC 340:75-3-10.1 through 340:75-3-10.2 [AMENDED]
Subchapter 4. Family-Centered Services
Part 1. Voluntary Family-Centered Services
OAC 340:75-4-9 [AMENDED]
OAC 340:75-4-12.1 [AMENDED]
OAC 340:75-4-13 through 340:75-4-14 [REVOKED]
Subchapter 6. Permanency Planning
Part 1. General Provisions
OAC 340:75-6-1 [AMENDED]
Part 5. Permanency Planning Services
OAC 340:75-6-30 through 340:75-6-31.1 [AMENDED]
OAC 340:75-6-31.3 [AMENDED]
Part 7. Case Plans
OAC 340:75-6-40.5 [AMENDED]
OAC 340:75-6-46 [AMENDED]
Part 8. Role of the Child Welfare Worker
OAC 340:75-6-48 [AMENDED]
OAC 340:75-6-48.3 [AMENDED]
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85.2 [AMENDED]
OAC 340:75-6-91 [AMENDED]
Part 13. Independent Living
OAC 340:75-6-110 [AMENDED]
Subchapter 7. Foster Care
Part 1. General Provisions
OAC 340:75-7-2 [AMENDED]
Part 2. Development of Resources
OAC 340:75-7-10 [AMENDED]
OAC 340:75-7-12 [AMENDED]
OAC 340:75-7-14through 340:75-7-15 [AMENDED]
OAC 340:75-7-18 [AMENDED]
OAC 340:75-7-18.1[NEW]
OAC 340:75-7-19 [AMENDED]
OAC 340:75-7-24 [AMENDED]
Part 4. Roles and Responsibilities
OAC 340:75-7-37 through 340:75-7-37.1 [AMENDED]
Part 5. Eligibility and Payments
OAC 340:75-7-51 through 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 13. Other Child Welfare Services and Medical Services for Children in Out-of-Home Care
Part 2. Title IV-E Eligibility and Reimbursability
OAC 340:75-13-12 through 340:75-13-13 [AMENDED]
OAC 340:75-13-15 [REVOKED]
OAC 340:75-13-16 through 340:75-13-18 [AMENDED]
OAC 340:75-13-21 [AMENDED]
Part 7. Medical Services
OAC 340:75-13-74 [AMENDED]
OAC 340:75-13-75 [NEW]
OAC 340:75-13-79 through 340:75-13-80 [AMENDED]
Subchapter 15. Adoptions
Part 2. Legal Base and Scope of the Adoption Program
OAC 340:75-15-6 [AMENDED]
Part 6. Adoption Process
OAC 340:75-15-42 [AMENDED]
OAC 340:75-15-45 [AMENDED]
OAC 340:75-15-47 [AMENDED]
Part 10. Integrated Family Assessment and Preparation Process
OAC 340:75-15-82 [AMENDED]
OAC 340:75-15-84 [AMENDED]
OAC 340:75-15-87 [AMENDED]
OAC 340:75-15-88 [AMENDED]
OAC 340:75-15-89 [AMENDED]
Part 12. Adoption Placement Services
OAC 340:75-15-103 [AMENDED]
Part 14. Post Adoption Services
OAC 340:75-15-128.1 [AMENDED]
OAC 340:75-15-128.4 through 340:75-15-128.5 [AMENDED]
OAC 340:75-15-132 [AMENDED]
Subchapter 16. Mental Health Treatment Services
Part 1. Inpatient Mental Health Treatment
OAC 340:75-16-30 [AMENDED]
Subchapter 18. Continuous Quality Improvement
OAC 340:75-18-1 through 340:75-18-2 [AMENDED]
OAC 340:75-18-3 through 340:75-18-11 [REVOKED]
OAC 340:75-18-13 through 340:75-18-15 [REVOKED]
(Reference APA WF 11-06)
SUMMARY:
The proposed revisions to Subchapter 1, 3, 4, 6, 7, 13, 15, 16, and 18 of Chapter 75 amend the rules to: (1) conform with statutory requirements; (2) clarify processes; and (3) incorporate newly passed legislation.
Substantive changes.
OAC 340:75-1-44 is amended to: (1) update requirements for disclosure in cases of death or near death of a child pursuant to House Bill (HB) 2136 and Section 1-6-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-6-105); and (2) update sentence structure.
OAC 340:75-1-45 is amended to update taglines.
OAC 340:75-1-86 is amended to update taglines, formatting, and sentence structure.
OAC 340:75-3-6.1 is amended to update requirements related to conducting an investigation instead of an assessment in certain circumstances in accordance with HB 2136 and 10A O.S. § 1-2-102.
OAC 340:75-3-7.1 is amended to move instructive information related to response times for investigations or assessments to Instructions to Staff (ITS).
OAC 340:75-3-7.3 is amended to clarify when an assessment or investigation is conducted according to 10A O.S. §§ 1-1-105 and HB 1734 passed in 2009 and 10A O.S. § 1-2-102 and HB 2136 passed in 2010.
OAC 340:75-3-8.4 is amended to update the funding source for the Child Abuse Multidisciplinary Account.
OAC 340:75-3-10.1 is amended to update sentence structure, position title, and formatting.
OAC 340:75-3-10.2 is amended to update language to conform to the verbiage used in 10A O.S. § 1-1-105 regarding "some credible evidence" to constitute a finding of child abuse or neglect.
OAC 340:75-4-9 is amended to update the purpose and philosophy of family-centered services.
OAC 340:75-4-12.1 is amended to: (1) update family-centered services and community-based services process information; (2) move instructive information to ITS sections; and (3) update statutory requirements related to voluntary foster care per 10A O.S. § 1-7-112.
OAC 340:75-4-13 and 340:75-4-14 are revoked because information is either obsolete or combined in another related section.
OAC 340:75-6-1 is amended to update sentence structure and add statutory cites to existing information that include 10A O.S. §§ 1-4-706 and 1-4-204.
OAC 340:75-6-30 is amended to update: (1) exceptions to the frequency of visitation; and (2) formatting and sentence structure.
OAC 340:75-6-31 is amended to: (1) state legislative intent per 10A O.S. § 1-1-101 related to a child placed outside the home; (2) update the purpose of permanency planning; (3) include the requirements of 10A O.S. § 1-4-706 to make every effort to place the child with a suitable relative of the child and to give careful consideration that the first placement made is the best available placement to provide permanency for the child in the event that reunification fails or is delayed; (4) move instructive information related to determining the child's permanency plan to ITS; (5) include the 10A O.S. § 1-4-707 option for the court to place the child with the non-custodial parent; (6) include the 10A O.S. § 1-7-103 cite and information related to the returning the child to the parent or legal guardian from whom the child was removed with prior approval of the court; (7) include the 10A O.S. § 1-4-809 statutory cite related to the court's finding that reasonable efforts to reunite the child and family are not required; (8) include statutory cite of 10A O.S. § 1-4-707 and update information related to final permanency orders; and (9) update sentence structure and formatting.
OAC 340:75-6-31.1 is amended to delete the obsolete term "permanency meetings."
OAC 340:75-6-31.3 is amended to: (1) add statutory cites to existing information; (2) include requirement for national criminal history records search for adults residing in the home prior to trial reunification per HB 2136 passed in 2010 and 10A O.S. § 1-4-806; (3) require notice to individual being fingerprinted per Section 50.12 of Title 28 of the Code of Federal Regulations (28 C.F.R § 50.12); (4) include the exception to fingerprinting language from 10A O.S. § 1-7-111; and (5) add language from 28 C.F.R. § 50.12 related to confidentiality of the national criminal history record check.
OAC 340:75-6-40.5 is amended to add HB 2136 passed in 2010 and 10A O.S. § 1-4-807: (1) requirement that all service provider progress reports and critical incident reports are submitted to the court and delivered to certain parties; and (2) updated definition of "social record" to clarify that it does not include service provider progress reports or critical incident reports.
OAC 340:75-6-46 is amended to update sentence structure and language.
OAC 340:75-6-48 is amended to update sentence structure.
OAC 340:75-6-48.3 is amended to delete inadvertent punctuation in the tagline.
OAC 340:75-6-85.2 is amended to spell out an acronym and update formatting.
OAC 340:75-6-91 is amended to update the process and requirements for child care services for Child Welfare clients.
OAC 340:75-6-110 is amended to correct an error related to the voluntary placement of youth after age 18 requirements.
OAC 340:75-7-2 is amended to add definitions for "alternate caregiver," "applicant," and "targeted recruitment related to foster care.”
OAC 340:75-7-10 is amended to update: (1) sentence structure and terminology to current usage; and (2) 10A O.S. § 1-9-114 requirements related to recruitment and retention of Bridge resource homes.
OAC 340:75-7-12 is amended to: (1) include notifications to Oklahoma Department of Human Services (OKDHS) by the Bridge resource parent when certain changes in the household occur; and (2) update sentence structure and formatting.
OAC 340:75-7-14 is amended to update section tagline and sentence structure.
OAC 340:75-7-15 is amended to: (1) update taglines, sentence structure, and formatting; (2) include requirement for a background check request from Family Advocacy for the active or retired military foster home applicant or adult household member; (3) clarify that signature on certain forms grants OKDHS permission to conduct background searches; (4) add failure to notify OKHDS of a new household member or refusal of a household member to consent to a background check as a ground for cancellation of the foster care contract; (5) add 28 C.F.R. § 901 and 10A O.S. § 1-7-115 cites and authority for OKDHS to contract or otherwise collaborate with local law enforcement agencies to perform background checks related to determining suitability of the prospective kinship home.
OAC 340:75-7-18 is amended to: (1) cite the statutory requirement pursuant to 10A O.S. § 1-7-111 for OKDHS to conduct a foster parent eligibility assessment and background checks; (2) clarify that the foster home applicant's signature on certain forms authorizes OKDHS to conduct a background search; (3) require applicant to complete a certain form related to applicant's income and management of income; (4) requires applicant and each household member to submit a certain form regarding the person's health and behavioral health, when indicated; (5) require documentation of the applicant's marriage history; (6) require a certain notice to the court when a relative considered for placement is denied placement; and (7) move instructive information to ITS.
OAC 340:75-7-18.1 is issued to create a Section related to approval of the specialized community home.
OAC 340:75-7-19 is amended to update processes and procedures related to the joint assessment and approval of foster homes.
OAC 340:75-7-24 is amended to: (1) cite statutes, requirements, and considerations related to the establishment of kinship foster care standards, kinship placement, and notice to the court when a relative placement does not occur; (2) clarify relationships created by marriage and kinship start-up training stipend; and (3) clarify when foster care maintenance payments begin per 10A O.S. § 1-9-106.
OAC 340:75-7-37 is amended to: (1) cite statutory responsibility of the Bridge resource parent to comply with performance standards per 10A O.S. §§ 1-9-106 and 1-9-118; (2) describe the Bridge resource parent as a member of the professional team serving the child in OKDHS custody; (3) clarify and restructure the Bridge resource parent's responsibility to the child, child's family, and OKDHS.
OAC 340:75-7-37.1 is amended to: (1) cite statutory authority per 10A O.S. § 1-9-114 for OKDHS to engage in activities designed to recruit foster homes; and (2) restructure information and update sentence structure and formatting.
OAC 340:75-7-51 is amended to set out options for payment of foster care maintenance payments; (2) update overpayment or underpayment of foster care maintenance payment options and processes; and (3) update process related to death of a Bridge resource parent.
OAC 340:75-7-52 is amended to clarify: (1) the Bridge resource home, approved for a specific child, is closed when the child is no longer in the home; and (2) that foster home contract termination occurs subsequent to a request by the Bridge resource parent only when there are no pending issues of concern with the home.
OAC 340:75-7-65 is amended to: (1) allow respite vouchers to be used when funding is available; (2) require alternate caregivers to participate in a yearly re-assessment; (3) update responsibility for the foster parent helpline; and (4) update sentence structure.
OAC 340:75-7-94 is amended to: (1) clarify the purpose of the written plan of compliance; (2) require notice to the foster parent when a decision is made to not return a child to the foster home after conclusion of a child abuse or neglect investigation; and (3) clarify the foster parent's right to request and receive a fair and impartial hearing regarding decisions that affect certification, retention, or placement of a child in the home.
OAC 340:75-13-12 is amended to update Section tagline only.
OAC 340:75-13-13 is amended to clarify the: (1) Title IV-E (IV-E) determination is made based on the child's circumstances in the month of the child's removal from the home and up to the point of removal; and (2) child must be deprived of parental support or care according to 1996 Aid to Families with Dependent Children (AFDC) policy and the household's countable income must be below the 1996 AFDC need standard.
OAC 340:75-13-15 is revoked.
OAC 340:75-13-16 is amended to update sentence structure and taglines.
OAC 340:75-13-17 is amended to clarify: (1) when IV-E eligibility re-determinations are made; and (2) that IV-E eligibility ends when a judicial determination is made that OKDHS has not made reasonable efforts to finalize a permanency plan and that the child remains ineligible until the court makes the finding that reasonable efforts have been made.
OAC 340:75-13-18 is amended to update sentence structure and formatting.
OAC 340:75-13-21 is amended to add taglines and update sentence structure and formatting.
OAC 340:75-13-74 is amended to move instructive information to ITS.
OAC 340:75-13-75 is amended to: (1) move instructive information to ITS; and (2) update sentence structure and formatting.
OAC 340:75-13-79 is amended to update sentence structure, add taglines, and restructure information.
OAC 340:75-13-80 is amended to: (1) update sentence structure, add taglines, move instructive information to ITS; and (2) clarify the ages at which a youth must re-apply for medical coverage.
OAC 340:75-15-6 is amended to update sentence structure.
OAC 340:75-15-42 is amended to update sentence structure and delete duplicative information found in other related Sections.
OAC 340:75-15-45 is amended to: (1) identify professionals who may be involved in the adoption process; (2) clarify when the Affidavit of Information Disclosure for Adoption is completed and reviewed by the prospective adoptive family; and (3) move instructive information to ITS.
OAC 340:75-15-47 is amended to update sentence structure and tagline.
OAC 340:75-15-82 is amended to include statutory cite and language related to: (1) recruitment of adoptive homes via adoption exchanges per 10 O.S. § 7510-2.1; (2) photographs and descriptions provided to the adoption exchange per 10 O.S. § 7510-2.2; (3) exemptions to utilizing an adoption exchange and providing information to the exchange per 10 O.S. § 7510-2.1 through 7510-2.5; (4) change in the child's current status reported to the adoption exchange per 10 O.S. § 7510-2.4; and (5) withdrawal of the child from the adoption per 10 O.S. § 7510-2.5.
OAC 340:75-15-84 is amended to update sentence structure and move instructive information to ITS.
OAC 340:75-15-87 is amended to: (1) cite and include language from 10 O.S. § 7505-5.3 related to the OKDHS requirement to conduct an inquiry into the Bridge resource applicant and each household member's background to determine if the home is suitable for the child in OKDHS custody; (2) restructure information and move instructive information to ITS; (3) clarify the Child Abuse and Neglect Information Search (CANIS) and fingerprinting process and cost for the private adoptive applicant; (4) cite statutory authority for an exception to fingerprinting per 10A O.S. § 1-7-111; (5) reposition existing information; and (6) clarify that a Bridge resource applicant may be approved for adoption when the applicant and home meet the foster home and adoption program eligibility standards.
OAC 340:75-15-88 is amended to update sentence structure, taglines, and restructure information.
OAC 340:75-15-89 and 340:75-15-103 are amended to update sentence structure and tagline.
OAC 340:75-15-128.1 is amended to: (1) clarify the standard monthly adoption assistance payments set out in OKDHS Appendix C-20, Children and Family Services Division Rates Schedule, corresponds to the child's age; (2) update sentence structure; (2) clarify when a adoption assistance agreement is established by OKDHS in Oklahoma, all subsequent modifications of the agreement remain under the control and authority of OKDHS regardless of the state of residence of the adoptive parent; and (3) update sentence structure.
OAC 340:75-15-128.4 is amended to update sentence structure and formatting.
OAC 340:75-15-128.5 is amended to: (1) clarify that the adoption assistance amount is negotiated and OKDHS establishes the payment amount when the parties do not agree; (2) cite statutory authority and language allowing the OKDHS Director for good cause shown, to approve adoption assistance payments on behalf of a child subject to the jurisdiction of this state but residing in another state, up to the maximum foster care reimbursement allowable in the state of residence; and (3) update sentence structure and taglines.
OAC 340:75-15-132 is amended to track the statutory language of 10 O.S. § 7508-1.2 and add information related to the affidavit of non-disclosure and matching registrants with eligible persons.
OAC 340:75-16-30 is amended to delete an obsolete policy cite.
OAC 340:75-18-1 is amended to include information stricken from other related Sections combined in this Section including information regarding: (1) assessing and ensuring contractor compliance; (2) evaluating achievement of outcomes for children and families; and (3) providing ongoing support and training.
OAC 340:75-18-2 is amended to delete unnecessary wording.
OAC 340:75-18-3 is revoked as unnecessary or obsolete.
OAC 340:75-18-4 and 340:75-18-5 are revoked and language moved to a related section of ITS.
OAC 340:75-18-6 through 340:75-18-15 are revoked as no longer necessary in this Subchapter or are repositioned in related Sections.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:
Commission for Human Services; Article XXV, Sections 2 and 4 of the Oklahoma Constitution; House Bill (HB) 2136 and HB 1734; and federal and state statutes that include:
10 O.S. § 40.1
10 O.S. § 40.3
10 O.S. § 40.6
10 O.S. § 7505-5.3
10 O.S. § 7508-1.2
10 O.S. § 7510-2.1
10 O.S. § 7510-2.2
10 O.S. § 7510-2.3
10 O.S. § 7510-2.4
10 O.S. § 7510-2.5
10A O.S. § 1-1-105
10A O.S. § 1-2-102
10A O.S. § 1-2-102
10A O.S. § 1-4-204
10A O.S. § 1-4-706
10A O.S. § 1-4-707
10A O.S. § 1-4-806
10A O.S. § 1-4-807
10A O.S. § 1-4-809
10A O.S. § 1-6-103
10A O.S. § 1-6-105
10A O.S. § 1-7-103
10A O.S. § 1-7-111
10A O.S. § 1-7-112
10A O.S. § 1-7-115
10A O.S. § 1-1-101
10A O.S. § 1-9-106
10A O.S. § 1-9-114
10A O.S. § 1-9-118
5 U.S.C. § 552
25 U.S.C. § 1912
25 U.S.C. § 1913
25 U.S.C. § 1915
25 U.S.C. § 1951Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Deborah G. Smith, Director
Children and Family Service Division (CFSD)
Date:December 16, 2011
Re:CHAPTER 75. CHILD WELFARE
Subchapter 1. General Provisions of Child Welfare Services
Part 3. Child Welfare Confidentiality
OAC 340:75-1-44 through 340:75-1-45 [AMENDED]
Part 7. Interstate Compact on the Placement of Children
OAC 340:75-1-86 [AMENDED]
Subchapter 3. Child Protective Services
OAC 340:75-3-6.1 [AMENDED]
OAC 340:75-3-7.1 [AMENDED]
OAC 340:75-3-7.3 [AMENDED]
OAC 340:75-3-8.4 [AMENDED]
OAC 340:75-3-10.1 through 340:75-3-10.2 [AMENDED]
Subchapter 4. Family-Centered Services
Part 1. Voluntary Family-Centered Services
OAC 340:75-4-9 [AMENDED]
OAC 340:75-4-12.1 [AMENDED]
OAC 340:75-4-13 through 340:75-4-14 [REVOKED]
Subchapter 6. Permanency Planning
Part 1. General Provisions
OAC 340:75-6-1 [AMENDED]
Part 5. Permanency Planning Services
OAC 340:75-6-30 through 340:75-6-31.1 [AMENDED]
OAC 340:75-6-31.3 [AMENDED]
Part 7. Case Plans
OAC 340:75-6-40.5 [AMENDED]
OAC 340:75-6-46 [AMENDED]
Part 8. Role of the Child Welfare Worker
OAC 340:75-6-48 [AMENDED]
OAC 340:75-6-48.3 [AMENDED]
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85.2 [AMENDED]
OAC 340:75-6-91 [AMENDED]
Part 13. Independent Living
OAC 340:75-6-110 [AMENDED]
Subchapter 7. Foster Care
Part 1. General Provisions
OAC 340:75-7-2 [AMENDED]
Part 2. Development of Resources
OAC 340:75-7-10 [AMENDED]
OAC 340:75-7-12 [AMENDED]
OAC 340:75-7-14through 340:75-7-15 [AMENDED]
OAC 340:75-7-18 [AMENDED]
OAC 340:75-7-18.1[NEW]
OAC 340:75-7-19 [AMENDED]
OAC 340:75-7-24 [AMENDED]
Part 4. Roles and Responsibilities
OAC 340:75-7-37 through 340:75-7-37.1 [AMENDED]
Part 5. Eligibility and Payments
OAC 340:75-7-51 through 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 13. Other Child Welfare Services and Medical Services for Children in Out-of-Home Care
Part 2. Title IV-E Eligibility and Reimbursability
OAC 340:75-13-12 through 340:75-13-13 [AMENDED]
OAC 340:75-13-15 [REVOKED]
OAC 340:75-13-16 through 340:75-13-18 [AMENDED]
OAC 340:75-13-21 [AMENDED]
Part 7. Medical Services
OAC 340:75-13-74 [AMENDED]
OAC 340:75-13-75 [NEW]
OAC 340:75-13-79 through 340:75-13-80 [AMENDED]
Subchapter 15. Adoptions
Part 2. Legal Base and Scope of the Adoption Program
OAC 340:75-15-6 [AMENDED]
Part 6. Adoption Process
OAC 340:75-15-42 [AMENDED]
OAC 340:75-15-45 [AMENDED]
OAC 340:75-15-47 [AMENDED]
Part 10. Integrated Family Assessment and Preparation Process
OAC 340:75-15-82 [AMENDED]
OAC 340:75-15-84 [AMENDED]
OAC 340:75-15-87 [AMENDED]
OAC 340:75-15-88 [AMENDED]
OAC 340:75-15-89 [AMENDED]
Part 12. Adoption Placement Services
OAC 340:75-15-103 [AMENDED]
Part 14. Post Adoption Services
OAC 340:75-15-128.1 [AMENDED]
OAC 340:75-15-128.4 through 340:75-15-128.5 [AMENDED]
OAC 340:75-15-132 [AMENDED]
Subchapter 16. Mental Health Treatment Services
Part 1. Inpatient Mental Health Treatment
OAC 340:75-16-30 [AMENDED]
Subchapter 18. Continuous Quality Improvement
OAC 340:75-18-1 through 340:75-18-2 [AMENDED]
OAC 340:75-18-3 through 340:75-18-11 [REVOKED]
OAC 340:75-18-13 through 340:75-18-15 [REVOKED]
(Reference APA WF 11-06)
Contact:Caprice Tyner 918-581-2278
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 1, 3, 4, 6, 7, 13, 15, 16, and 18 of Chapter 75 amend the rules to: (1) conform with statutory requirements; (2) clarify processes; and (3) incorporate newly passed legislation.
Strategic Plan impact. The proposed rules achieve OKDHS goals by provide services that support and strengthen the family and protect its members.
Substantive changes.
OAC 340:75-1-44 is amended to: (1) update requirements for disclosure in cases of death or near death of a child pursuant to House Bill (HB) 2136 and Section 1-6-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-6-105); and (2) update sentence structure.
OAC 340:75-1-45 is amended to update taglines.
OAC 340:75-1-86 is amended to update taglines, formatting, and sentence structure.
OAC 340:75-3-6.1 is amended to update requirements related to conducting an investigation instead of an assessment in certain circumstances in accordance with HB 2136 and 10A O.S. § 1-2-102.
OAC 340:75-3-7.1 is amended to move instructive information related to response times for investigations or assessments to Instructions to Staff (ITS).
OAC 340:75-3-7.3 is amended to clarify when an assessment or investigation is conducted according to 10A O.S. §§ 1-1-105 and HB 1734 passed in 2009 and 10A O.S. § 1-2-102 and HB 2136 passed in 2010.
OAC 340:75-3-8.4 is amended to update the funding source for the Child Abuse Multidisciplinary Account.
OAC 340:75-3-10.1 is amended to update sentence structure, position title, and formatting.
OAC 340:75-3-10.2 is amended to update language to conform to the verbiage used in 10A O.S. § 1-1-105 regarding "some credible evidence" to constitute a finding of child abuse or neglect.
OAC 340:75-4-9 is amended to update the purpose and philosophy of family-centered services.
OAC 340:75-4-12.1 is amended to: (1) update family-centered services and community-based services process information; (2) move instructive information to ITS sections; and (3) update statutory requirements related to voluntary foster care per 10A O.S. § 1-7-112.
OAC 340:75-4-13 and 340:75-4-14 are revoked because information is either obsolete or combined in another related section.
OAC 340:75-6-1 is amended to update sentence structure and add statutory cites to existing information that include 10A O.S. §§ 1-4-706 and 1-4-204.
OAC 340:75-6-30 is amended to update: (1) exceptions to the frequency of visitation; and (2) formatting and sentence structure.
OAC 340:75-6-31 is amended to: (1) state legislative intent per 10A O.S. § 1-1-101 related to a child placed outside the home; (2) update the purpose of permanency planning; (3) include the requirements of 10A O.S. § 1-4-706 to make every effort to place the child with a suitable relative of the child and to give careful consideration that the first placement made is the best available placement to provide permanency for the child in the event that reunification fails or is delayed; (4) move instructive information related to determining the child's permanency plan to ITS; (5) include the 10A O.S. § 1-4-707 option for the court to place the child with the non-custodial parent; (6) include the 10A O.S. § 1-7-103 cite and information related to the returning the child to the parent or legal guardian from whom the child was removed with prior approval of the court; (7) include the 10A O.S. § 1-4-809 statutory cite related to the court's finding that reasonable efforts to reunite the child and family are not required; (8) include statutory cite of 10A O.S. § 1-4-707 and update information related to final permanency orders; and (9) update sentence structure and formatting.
OAC 340:75-6-31.1 is amended to delete the obsolete term "permanency meetings."
OAC 340:75-6-31.3 is amended to: (1) add statutory cites to existing information; (2) include requirement for national criminal history records search for adults residing in the home prior to trial reunification per HB 2136 passed in 2010 and 10A O.S. § 1-4-806; (3) require notice to individual being fingerprinted per Section 50.12 of Title 28 of the Code of Federal Regulations (28 C.F.R § 50.12); (4) include the exception to fingerprinting language from 10A O.S. § 1-7-111; and (5) add language from 28 C.F.R. § 50.12 related to confidentiality of the national criminal history record check.
OAC 340:75-6-40.5 is amended to add HB 2136 passed in 2010 and 10A O.S. § 1-4-807: (1) requirement that all service provider progress reports and critical incident reports are submitted to the court and delivered to certain parties; and (2) updated definition of "social record" to clarify that it does not include service provider progress reports or critical incident reports.
OAC 340:75-6-46 is amended to update sentence structure and language.
OAC 340:75-6-48 is amended to update sentence structure.
OAC 340:75-6-48.3 is amended to delete inadvertent punctuation in the tagline.
OAC 340:75-6-85.2 is amended to spell out an acronym and update formatting.
OAC 340:75-6-91 is amended to update the process and requirements for child care services for Child Welfare clients.
OAC 340:75-6-110 is amended to correct an error related to the voluntary placement of youth after age 18 requirements.
OAC 340:75-7-2 is amended to add definitions for "alternate caregiver," "applicant," and "targeted recruitment related to foster care.”
OAC 340:75-7-10 is amended to update: (1) sentence structure and terminology to current usage; and (2) 10A O.S. § 1-9-114 requirements related to recruitment and retention of Bridge resource homes.
OAC 340:75-7-12 is amended to: (1) include notifications to Oklahoma Department of Human Services (OKDHS) by the Bridge resource parent when certain changes in the household occur; and (2) update sentence structure and formatting.
OAC 340:75-7-14 is amended to update section tagline and sentence structure.
OAC 340:75-7-15 is amended to: (1) update taglines, sentence structure, and formatting; (2) include requirement for a background check request from Family Advocacy for the active or retired military foster home applicant or adult household member; (3) clarify that signature on certain forms grants OKDHS permission to conduct background searches; (4) add failure to notify OKHDS of a new household member or refusal of a household member to consent to a background check as a ground for cancellation of the foster care contract; (5) add 28 C.F.R. § 901 and 10A O.S. § 1-7-115 cites and authority for OKDHS to contract or otherwise collaborate with local law enforcement agencies to perform background checks related to determining suitability of the prospective kinship home.
OAC 340:75-7-18 is amended to: (1) cite the statutory requirement pursuant to 10A O.S. § 1-7-111 for OKDHS to conduct a foster parent eligibility assessment and background checks; (2) clarify that the foster home applicant's signature on certain forms authorizes OKDHS to conduct a background search; (3) require applicant to complete a certain form related to applicant's income and management of income; (4) requires applicant and each household member to submit a certain form regarding the person's health and behavioral health, when indicated; (5) require documentation of the applicant's marriage history; (6) require a certain notice to the court when a relative considered for placement is denied placement; and (7) move instructive information to ITS.
OAC 340:75-7-18.1 is issued to create a Section related to approval of the specialized community home.
OAC 340:75-7-19 is amended to update processes and procedures related to the joint assessment and approval of foster homes.
OAC 340:75-7-24 is amended to: (1) cite statutes, requirements, and considerations related to the establishment of kinship foster care standards, kinship placement, and notice to the court when a relative placement does not occur; (2) clarify relationships created by marriage and kinship start-up training stipend; and (3) clarify when foster care maintenance payments begin per 10A O.S. § 1-9-106.
OAC 340:75-7-37 is amended to: (1) cite statutory responsibility of the Bridge resource parent to comply with performance standards per 10A O.S. §§ 1-9-106 and 1-9-118; (2) describe the Bridge resource parent as a member of the professional team serving the child in OKDHS custody; (3) clarify and restructure the Bridge resource parent's responsibility to the child, child's family, and OKDHS.
OAC 340:75-7-37.1 is amended to: (1) cite statutory authority per 10A O.S. § 1-9-114 for OKDHS to engage in activities designed to recruit foster homes; and (2) restructure information and update sentence structure and formatting.
OAC 340:75-7-51 is amended to set out options for payment of foster care maintenance payments; (2) update overpayment or underpayment of foster care maintenance payment options and processes; and (3) update process related to death of a Bridge resource parent.
OAC 340:75-7-52 is amended to clarify: (1) the Bridge resource home, approved for a specific child, is closed when the child is no longer in the home; and (2) that foster home contract termination occurs subsequent to a request by the Bridge resource parent only when there are no pending issues of concern with the home.
OAC 340:75-7-65 is amended to: (1) allow respite vouchers to be used when funding is available; (2) require alternate caregivers to participate in a yearly re-assessment; (3) update responsibility for the foster parent helpline; and (4) update sentence structure.
OAC 340:75-7-94 is amended to: (1) clarify the purpose of the written plan of compliance; (2) require notice to the foster parent when a decision is made to not return a child to the foster home after conclusion of a child abuse or neglect investigation; and (3) clarify the foster parent's right to request and receive a fair and impartial hearing regarding decisions that affect certification, retention, or placement of a child in the home.
OAC 340:75-13-12 is amended to update Section tagline only.
OAC 340:75-13-13 is amended to clarify the: (1) Title IV-E (IV-E) determination is made based on the child's circumstances in the month of the child's removal from the home and up to the point of removal; and (2) child must be deprived of parental support or care according to 1996 Aid to Families with Dependent Children (AFDC) policy and the household's countable income must be below the 1996 AFDC need standard.
OAC 340:75-13-15 is revoked.
OAC 340:75-13-16 is amended to update sentence structure and taglines.
OAC 340:75-13-17 is amended to clarify: (1) when IV-E eligibility re-determinations are made; and (2) that IV-E eligibility ends when a judicial determination is made that OKDHS has not made reasonable efforts to finalize a permanency plan and that the child remains ineligible until the court makes the finding that reasonable efforts have been made.
OAC 340:75-13-18 is amended to update sentence structure and formatting.
OAC 340:75-13-21 is amended to add taglines and update sentence structure and formatting.
OAC 340:75-13-74 is amended to move instructive information to ITS.
OAC 340:75-13-75 is amended to: (1) move instructive information to ITS; and (2) update sentence structure and formatting.
OAC 340:75-13-79 is amended to update sentence structure, add taglines, and restructure information.
OAC 340:75-13-80 is amended to: (1) update sentence structure, add taglines, move instructive information to ITS; and (2) clarify the ages at which a youth must re-apply for medical coverage.
OAC 340:75-15-6 is amended to update sentence structure.
OAC 340:75-15-42 is amended to update sentence structure and delete duplicative information found in other related Sections.
OAC 340:75-15-45 is amended to: (1) identify professionals who may be involved in the adoption process; (2) clarify when the Affidavit of Information Disclosure for Adoption is completed and reviewed by the prospective adoptive family; and (3) move instructive information to ITS.
OAC 340:75-15-47 is amended to update sentence structure and tagline.
OAC 340:75-15-82 is amended to include statutory cite and language related to: (1) recruitment of adoptive homes via adoption exchanges per 10 O.S. § 7510-2.1; (2) photographs and descriptions provided to the adoption exchange per 10 O.S. § 7510-2.2; (3) exemptions to utilizing an adoption exchange and providing information to the exchange per 10 O.S. § 7510-2.1 through 7510-2.5; (4) change in the child's current status reported to the adoption exchange per 10 O.S. § 7510-2.4; and (5) withdrawal of the child from the adoption per 10 O.S. § 7510-2.5.
OAC 340:75-15-84 is amended to update sentence structure and move instructive information to ITS.
OAC 340:75-15-87 is amended to: (1) cite and include language from 10 O.S. § 7505-5.3 related to the OKDHS requirement to conduct an inquiry into the Bridge resource applicant and each household member's background to determine if the home is suitable for the child in OKDHS custody; (2) restructure information and move instructive information to ITS; (3) clarify the Child Abuse and Neglect Information Search (CANIS) and fingerprinting process and cost for the private adoptive applicant; (4) cite statutory authority for an exception to fingerprinting per 10A O.S. § 1-7-111; (5) reposition existing information; and (6) clarify that a Bridge resource applicant may be approved for adoption when the applicant and home meet the foster home and adoption program eligibility standards.
OAC 340:75-15-88 is amended to update sentence structure, taglines, and restructure information.
OAC 340:75-15-89 and 340:75-15-103 are amended to update sentence structure and tagline.
OAC 340:75-15-128.1 is amended to: (1) clarify the standard monthly adoption assistance payments set out in OKDHS Appendix C-20, Children and Family Services Division Rates Schedule, corresponds to the child's age; (2) update sentence structure; (2) clarify when a adoption assistance agreement is established by OKDHS in Oklahoma, all subsequent modifications of the agreement remain under the control and authority of OKDHS regardless of the state of residence of the adoptive parent; and (3) update sentence structure.
OAC 340:75-15-128.4 is amended to update sentence structure and formatting.
OAC 340:75-15-128.5 is amended to: (1) clarify that the adoption assistance amount is negotiated and OKDHS establishes the payment amount when the parties do not agree; (2) cite statutory authority and language allowing the OKDHS Director for good cause shown, to approve adoption assistance payments on behalf of a child subject to the jurisdiction of this state but residing in another state, up to the maximum foster care reimbursement allowable in the state of residence; and (3) update sentence structure and taglines.
OAC 340:75-15-132 is amended to track the statutory language of 10 O.S. § 7508-1.2 and add information related to the affidavit of non-disclosure and matching registrants with eligible persons.
OAC 340:75-16-30 is amended to delete an obsolete policy cite.
OAC 340:75-18-1 is amended to include information stricken from other related Sections combined in this Section including information regarding: (1) assessing and ensuring contractor compliance; (2) evaluating achievement of outcomes for children and families; and (3) providing ongoing support and training.
OAC 340:75-18-2 is amended to delete unnecessary wording.
OAC 340:75-18-3 is revoked as unnecessary or obsolete.
OAC 340:75-18-4 and 340:75-18-5 are revoked and language moved to a related section of ITS.
OAC 340:75-18-6 through 340:75-18-15 are revoked as no longer necessary in this Subchapter or are repositioned in related Sections.
Reasons. The proposed revisions bring the rules into compliance with House Bill (HB) 2136 passed during the 52nd Legislature and enhance processes that protect children and assist families.
Repercussions. The proposed rules: (1) per HB 2136 provide safeguards for children prior to court-ordered trial reunification; ensure service provider reports and critical incident reports are provided to certain parties in deprived cases; require an investigation instead of an assessment of child abuse and neglect allegations in certain circumstances; and update requirements for disclosure in cases of death or near death of a child; and (2) clarify legislative intent and statutory authority for the agency's enhanced processes that protect children and assist families.If the proposed revisions are not implemented: (1) the agency's rule will be out of compliance with newly passed legislation; (2) children may be placed at risk; and (3) children and families will not benefit from clarified and enhanced child safety processes.
Legal authority. Commission for Human Services; Article XXV, Sections 2 and 4 of the Oklahoma Constitution; House Bill (HB) 2136 and HB 1734; and federal and state statutes that include:
10 O.S. § 40.1
10 O.S. § 40.3
10 O.S. § 40.6
10 O.S. § 7505-5.3
10 O.S. § 7508-1.2
10 O.S. § 7510-2.1
10 O.S. § 7510-2.2
10 O.S. § 7510-2.3
10 O.S. § 7510-2.4
10 O.S. § 7510-2.5
10A O.S. § 1-1-105
10A O.S. § 1-2-102
10A O.S. § 1-2-102
10A O.S. § 1-4-204
10A O.S. § 1-4-706
10A O.S. § 1-4-707
10A O.S. § 1-4-806
10A O.S. § 1-4-807
10A O.S. § 1-4-809
10A O.S. § 1-6-103
10A O.S. § 1-6-105
10A O.S. § 1-7-103
10A O.S. § 1-7-111
10A O.S. § 1-7-112
10A O.S. § 1-7-115
10A O.S. § 1-1-101
10A O.S. § 1-9-106
10A O.S. § 1-9-114
10A O.S. § 1-9-118
5 U.S.C. § 552
25 U.S.C. § 1912
25 U.S.C. § 1913
25 U.S.C. § 1915
25 U.S.C. § 1951
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 who have been abused or neglected 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 who have been abused or neglected 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 fee change: 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, and approximately $506,255.00 for the implementation and one year's enforcement of conducting national criminal background searches prior to trial reunification. The revised rules will result in enhanced delivery of services to the abused and neglected child considered for trial reunification.
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 nonregulatory 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 the state 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 rule revisions will bring the rules into compliance with state law, that will positively impact the health, safety, and well-being of: (1) the abused or neglected child by determining the proposed caregiver's national criminal history background prior to trial reunification; (2) the alleged abused or neglected child by conducting investigations instead of assessments in certain situations; (3) the alleged or adjudicated deprived child by ensuring service provider progress reports are provided to the appropriate parties associated with the deprived case; and (4) the public via updated requirements for disclosure in cases of death or near death 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 be in compliance with state regulations, placing children at further risk. Implementation of the proposed rule revisions will bring the rules into compliance with state law, that will positively impact the health, safety, and well-being of: (1) the abused or neglected child by determining the proposed caregiver's national criminal history background prior to trial reunification; (2) the alleged abused or neglected child by conducting investigations instead of assessments in certain situations; (3) the alleged or adjudicated deprived child by ensuring service provider progress reports are provided to the appropriate parties associated with the deprived case; and (4) the public via updated requirements for disclosure in cases of death or near death of a child.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared November 9, 2011; modified December 16, 2011.
