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COMMENT DUE DATE:  

November 18, 2011

DATE: 

November 4, 2011

Caprice Tyner, CFSD (918) 581-2278

Dena Thayer, OIRP Programs Administrator (405) 521-4326

Nancy Kelly, OIRP (405) 522-6703

RE:  

Non-APA WF 11-AA

It is very important that you provide your comments regarding the DRAFT COPY of policy by the comment due date. Comments are directed to *STO.LegalServices.Policy@okdhs.org

The proposed policy is  Non-APA .  This proposal is not subject to the Administrative Procedures Act

The proposed effective date is December 1, 2011.

 

CHAPTER 75. CHILD WELFARE

SUBCHAPTER 1. GENERAL PROVISIONS OF CHILD WELFARE SERVICES

PART 1. SCOPE AND APPLICABILITY

OAC 340:75-1-20 INSTRUCTIONS TO STAF (ITS) only [AMENDED]

PART 3. CHILD WELFARE CONFIDENTIALITY

OAC 340:75-1-44 ITS only [AMENDED]

PART 7. INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN

OAC 340:75-1-86 ITS only [AMENDED]

Subchapter 3. Child Protective Services

OAC 340:75-3-7.1 ITS only [AMENDED]

OAC 340:75-3-7.4 ITS only [AMENDED]

OAC 340:75-3-8.1 ITS only [AMENDED]

OAC 340:75-3-8.4 ITS only [AMENDED]

OAC 340:75-3-9.1 ITS only [AMENDED]

OAC 340:75-3-10.1 ITS only [AMENDED]

SUBCHAPTER 4. FAMILY-CENTERED AND COMMUNITY SERVICES

PART 1. VOLUNTARY FAMILY-CENTERED SERVICES

OAC 340:75-4-12.1 ITS only [AMENDED]

OAC 340:75-4-13 ITS only [REVOKED]

OAC 340:75-4-14 ITS only [REVOKED]

Subchapter 6. Permanency Planning

PART 5. PERMANENCY PLANNING SERVICES

OAC 340:75-6-31 ITS only [AMENDED]

OAC 340:75-6-31.1 ITS only [AMENDED]

OAC 340:75-6-31.3 ITS only [AMENDED]

PART 7. FAMILY AND CHILD INDIVIDUALIZED SERVICE PLANNING COMPONENTS

OAC 340:75-6-40.4 ITS only [AMENDED]

OAC 340:75-6-40.5 ITS only [AMENDED]

OAC 340:75-6-46 ITS only [AMENDED]

PART 8. ROLE OF THE CHILD WELFARE WORKER

OAC 340:75-6-48 ITS only [AMENDED]

PART 11. PERMANENCY PLANNING AND PLACEMENT SERVICES

OAC 340:75-6-91 ITS only [AMENDED]

PAT 13. INDEPENDENT LIVING

OAC 340:75-6-110 ITS only [AMENDED]

SUBCHAPTER 7. FOSTER HOME CARE

Part 2. DEVELOPMENT OF RESOURCES

OAC 340:75-7-10 ITS only [AMENDED]

OAC 340:75-7-12 ITS only [AMENDED]

OAC 340:75-7-14 ITS only [AMENDED]

OAC 340:75-7-15 ITS only [AMENDED]

OAC 340:75-7-18 ITS only [AMENDED]

OAC 340:75-7-18.1 ITS only [NEW]

OAC 340:75-7-19 ITS only [AMENDED]

OAC 340:75-7-24 ITS only [AMENDED]

PART 4. ROLES AND RESPONSIBILITIES

OAC 340:75-7-37.1 ITS only [AMENDED]

PART 5. ELIGIBILITY AND PAYMENTS

OAC 340:75-7-51 ITS only [AMENDED]

OAC 340:75-7-52 ITS only [AMENDED]

PART 8. CONTINUOUS QUALITY ASSESSMENT OF A RESOURCE HOME

OAC 340:75-7-94 ITS only [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 ITS only [AMENDED]

OAC 340:75-13-13 ITS only [AMENDED]

OAC 340:75-13-15 ITS only [REVOKED]

OAC 340:75-13-16 ITS only [REVOKED]

OAC 340:75-13-17 ITS only [AMENDED]

OAC 340:75-13-21 ITS only [AMENDED]

PART 7. MEDICAL SERVICES

OAC 340:75-13-74 ITS only [AMENDED]

OAC 340:75-13-75 ITS only [NEW]

OAC 340:75-13-79 ITS only [AMENDED]

OAC 340:75-13-80 ITS only [AMENDED]

SUBCHAPTER 15. ADOPTIONS

PART 2. LEGAL BASE AND SCOPE OF THE ADOPTION PROGRAM

OAC 340:75-15-6 ITS only [AMENDED]

PART 6. ADOPTION PROCESS

OAC 340:75-15-41.1 ITS only [AMENDED]

OAC 340:75-15-42 ITS only [AMENDED]

OAC 340:75-15-45 ITS only [AMENDED]

PART 10. INTEGRATED FAMILY ASSESSMENT AND PREPARATION PROCESS

OAC 340:75-15-82 ITS only [AMENDED]

OAC 340:75-15-84 ITS only [AMENDED]

OAC 340:75-15-87 ITS only [AMENDED]

OAC 340:75-15-88 ITS only [AMENDED]

OAC 340:75-15-89 ITS only [AMENDED]

PART 12. ADOPTION PLACEMENT SERVICES

OAC 340:75-15-103 ITS only [AMENDED]

PART 14. POST ADOPTION SERVICES

OAC 340:75-15-132 ITS only [AMENDED]

SUBCHAPTER 16. MENTAL HEALTH TREATMENT SERVICES

PART 1. INPATIENT MENTAL HEALTH TREATMENT

OAC 340:75-16-30 ITS only [AMENDED]

SUBCHAPTER 18. CONTINUOUS QUALITY IMPROVEMENT

OAC 340:75-18-1 ITS only [NEW]

OAC 340:75-18-7 ITS only [REVOKED]

OAC 340:75-18-10 ITS only [REVOKED]

OAC 340:75-18-13 ITS only [REVOKED]

SUBCHAPTER 19. WORKING WITH INDIAN CHILDREN

OAC 340:75-19-1 ITS only [NEW]

OAC 340:75-19-5 ITS only [AMENDED]

OAC 340:75-19-6 ITS only [AMENDED]

OAC 340:75-19-7 ITS only [AMENDED]

OAC 340:75-19-8 ITS only [AMENDED]

OAC 340:75-19-9 ITS only [AMENDED]

OAC 340:75-19-10 ITS only [AMENDED]

OAC 340:75-19-11 ITS only [AMENDED]

OAC 340:75-19-12 ITS only [AMENDED]

OAC 340:75-19-13 ITS only [AMENDED]

OAC 340:75-19-14 ITS only [AMENDED]

OAC 340:75-19-15 ITS only [REVOKED]

OAC 340:75-19-16 ITS only [REVOKED]

OAC 340:75-19-17 ITS only [REVOKED]

OAC 340:75-19-18 ITS only [AMENDED]

OAC 340:75-19-19 ITS only [AMENDED]

OAC 340:75-19-20 ITS only [AMENDED]

OAC 340:75-19-21 ITS only [AMENDED]

OAC 340:75-19-22 ITS only [AMENDED]

OAC 340:75-19-23 ITS only [AMENDED]

OAC 340:75-19-24 ITS only [AMENDED]

OAC 340:75-19-26 ITS only [AMENDED]

OAC 340:75-19-28 ITS only [AMENDED]

OAC 340:75-19-29 ITS only [AMENDED]

OAC 340:75-19-30 ITS only [AMENDED]

OAC 340:75-19-32 ITS only [AMENDED]

OAC 340:75-19-33 ITS only [AMENDED]

SUMMARY:

340:75-1-20 Instructions to Staff (ITS) are amended to: (1) clarify the form used to develop the child's transition plan; and (2) update sentence structure.

340:75-1-44 ITS are amended to: (1) restructure protocol for media contact related to child death or near-death inquires; (2) delete information repositioned in a related section; and (3) update sentence structure.

340:75-1-86 ITS are amended to: (1) update time requirements for an Interstate Compact on the Placement of Children (ICPC) parent home study; (2) delete outdated and include updated ICPC Regulation 7 processes and procedures; (3) clarify responsibilities of the parties in ICPC cases; and (4) update sentence structure.

340:75-3-7.1 ITS are amended to: (1) clarify priority guidelines and response times for child abuse and neglect assessments or investigations; and (2) update sentence structure.

340:75-3-7.4 ITS are amended to revise the age for a full or cursory body inspection of a child during a child abuse or neglect assessment or investigation to five and younger and six and older respectively.

340:75-3-8.1 ITS are amended to: (1) update procedures for reports of abuse or neglect of a child in out-of-home care; (2) update the list of persons notified when a child is removed from a foster or trial adoptive home due to suspected abuse or neglect; and (3) restructure, through deletion or movement of information, procedures related to suspected abuse or neglect of a child in a foster or trial adoptive home.

340:75-3-8.4 ITS are amended to update sentence structure and correct formatting.

340:75-3-9.1 ITS are amended to correct formatting only.

340:75-3-10.1 ITS are amended to correct a policy cite only.

340:75-4-12.1 ITS are amended to: (1) update the processes and procedures related to family-centered services; and (2) delete obsolete directives.

340:75-4-13 ITS are revoked because information repositioned in 340:75-4-12.1.

340:75-4-14 ITS are revoked because information repositioned in 340:75-4-12.1.

340:75-6-31 ITS are amended to: (1) reposition information previously in rule to ITS; (2) restructure existing and related information regarding services and tools used to determine the permanency plan; and (3) delete and reposition information regarding trial reunification to 340:75-7-31.3.

340:75-6-31.1 ITS are amended to include requirement to conduct a family team meeting when efforts are needed to maintain the stability of the child's current placement.

340:75-6-31.3 ITS are amended to: (1) detail processes and procedures for compliance with statutorily required national criminal background checks for the person responsible for the child and each adult household member prior to trial reunification; (2) reposition information from 340:75-6-31 regarding trial reunification to this section; and (3) update sentence structure.

340:75-6-40.4 ITS are amended to spell out acronym.

340:75-6-40.5 ITS are amended to: (1) add requirement that service provider progress reports and critical incident reports are provided to certain parties as statutorily required; and (2) update sentence structure.

340:75-6-46 ITS are amended to: (1) include requirement to document the dually adjudicated youth's placement in a certain KIDS resource number; and (2) update taglines and sentence structure.

340:75-6-48 ITS are amended to correct a misspelling and update sentence structure.

340:75-6-91 ITS are amended to update procedures related to preventative child care services.

340:75-6-110 ITS are amended to correct a misspelling only.

340:75-7-10 ITS are amended to: (1) require a May 1st submission date for annual resource recruitment plans; and (2) update processes used during the development of the plan.

340:75-7-12 ITS are amended to: (1) update the response to Bridge resource inquiry process; (2) provide directive regarding determining lawful residence of a Bridge resource applicant; (3) update the process regarding an OKDHS employee's request to foster; and (4) requires a notice to the court when a relative considered for placement of a child is denied placement.

340:75-7-14 ITS only to update the resource specialist's responsibilities related to the Bridge resource parent's in-service training.

340:75-7-15 ITS are amended to: (1) require utilization of guide to assess background history of Bridge resource applicants; (2) provide direction regarding the use of the Oklahoma State Bureau of Investigation (OSBI) RapBack reports; (3) provide direction related to foreign country criminal and child abuse and neglect report searches; (4) update the process for exception to fingerprinting procedures; (5) update the procedures related to the area and state committees that review criminal history; and (5) update sentence structure.

340:75-7-18 ITS are amended to: (1) update the requirements for water structures or masses on a Bridge resource parent's property; (2) require the development of a water safety plan; (3) provide direction related to the resource home's disaster plan; and (4) updates processes for completing the Bridge resource family assessment;

340:75-7-18.1 ITS are issued to provide direction related to a specialized community home assessment.

340:75-7-19 ITS are amended to update the procedures for joint approval of foster homes.

340:75-7-24 ITS are amended to (1) require notification to the court of a relative denied placement; (2) update kinship relationship requirements; and (3) provide direction related to kinship stipends and maintenance payments.

340:75-7-37.1 ITS are amended to update resource specialist responsibilities related to resource recruitment, assessment, and attendance at a ten-day staffing.

340:75-7-51 ITS are amended to update procedures related to: (1) foster care claims; (2) options for payment of claims; (3) overpayments and reimbursement; (4) questions related to foster care maintenance payments; and (5) death of a resource parent.

340:75-7-52 ITS are amended to update procedures related to: (1) foster care contracts; and (2) cancellation or termination of contracts.

340:75-7-94 ITS are amended to: (1) update procedures related to safety and compliance concerns in a Bridge resource home, written plans of compliance, untimely assessments, and closure of a foster home; (2) require attendance, during a foster home investigation, at a ten-day staffing; (3) clarify that a child in Oklahoma Department of Human Services (ODKSH) custody is not placed in a foster home during an investigation of the home; and (4) restructure information by deletion and repositioning.

340:75-13-12 ITS are amended to update and clarify the CW and custody specialist's responsibilities related to Title IV-E (IV-E) applications.

340:75-13-13 ITS are amended to clarify: (1) constructive removal; (2) Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA); (3) deprivation of parental support; and (4) income standards for IV-E eligibility.

340:75-13-15 ITS are revoked.

340:75-13-16 ITS are revoked.

340:75-13-17 ITS are amended to update the procedures related to the annual IV-E eligibility re-determination review.

340:75-13-21 ITS are amended to update the procedures related to the application for Title IV-E for the Indian child.

340:75-13-74 ITS are amended to clarify: (1) where the Medicaid case is retained when the child is in tribal custody; and (2) the process for assignment of medical card identification numbers and replacement of lost cards.

340:75-13-75 ITS are issued to reposition directive information from rule to ITS regarding CW specialist responsibilities related to IV-E eligibility documentation and out-of-state medical services for a child in OKDHS custody.

340:75-13-79 ITS are amended to update sentence structure only.

340:75-13-80 ITS are amended to: (1) set a time requirement for scanning a court order related to the child's medical eligibility determination; and (2) sets out procedures for acquiring medical or dental care or prescriptions for the unqualified alien child in OKDHS custody.

340:75-15-6 ITS are amended to update: (1) procedures for assessing the child's current placement for adoptive purposes; (2) statewide adoption staffings procedure when an adoptive home is not identified at the staffing; (3) Child Welfare (CW) and adoption specialist's responsibilities related to adoption processes; and (4) ICPC procedures related to adoption.

340:75-15-41.1 ITS are amended to correct formatting and update a tagline only.

340:75-15-42 ITS are amended to require child-specific recruitment activities when no resource family assessments are submitted for consideration at the statewide staffing for the child eligible for adoption.

340:75-15-45 ITS are amended to update procedures regarding: (1) the adoption placement recommendation; and (2) full disclosure and offer of the child for adoption.

340:75-15-82 ITS are amended to update: (1) procedures related to media recruitment of adoptive homes; and (2) sentence structure.

340:75-15-84 ITS are amended to update the procedures for responding to Bridge resource inquiries.

340:75-15-87 ITS are amended to (1) update procedures related to the Bridge resource applicant's marital or significant relationship history; (2) clarify the processes for fingerprint-based criminal records history checks; (3) provide guidance regarding assessment of the criminal and Child Welfare history information; (4) update the area and state committee review of criminal history procedures; (5) provide direction when an applicant has resided in a foreign country in the last five years; (6) clarify the approval and denial processes; and (7) restructure information via deletion and repositioning.

340:75-15-88 ITS are amended to: (1) update procedures related to filing the assessment, resource family relocation, and notice of closure of a Bridge resource home; and (2) delete and reposition information in another OAC 340:75 section.

340:75-15-89 ITS are amended to clarify responsibilities of the adoption and foster care specialists when a child is or is not placed in a Bridge resource home.

340:75-15-103 ITS are amended to update sentence structure and restructure information only.

340:75-15-132 ITS are amended to update sentence structure and restructure information only.

340:75-16-30 ITS are amended to update the inpatient reviewer provider information.

340:75-18-1 ITS are issued to: (1) update Continuous Quality Improvement processes and procedures; and (2) place directive information into ITS.

340:75-18-7 ITS are revoked as obsolete or information repositioned in a related section.

340:75-18-10 ITS are revoked as obsolete or information repositioned in a related section.

340:75-18-13 ITS are revoked as obsolete or information repositioned in a related section.

340:75-19-1 ITS are issued to provide direction when the Secretary of the Interior requests to review records of an Indian child in OKDHS custody.

340:75-19-5 ITS are amended to restructure information and update sentence structure only.

340:75-19-6 ITS are amended to clarify the process for release of information to tribal CW workers.

340:75-19-7 ITS are amended to reformat and restructure information, and update sentence structure related to transfer of a state court case to tribal court.

340:75-19-8 ITS are amended to reformat and update sentence structure.

340:75-19-9 ITS are amended to: (1) reposition information deleted from rule to ITS; and (2) update sentence structure.

340:75-19-10 ITS are amended to reformat and update sentence structure.

340:75-19-11 ITS are amended to update sentence structure and add taglines.

340:75-19-12 ITS are amended to (1) provide directive related to active efforts in cases subject to the Indian Child Welfare Act (ICWA); and reformat and update sentence structure.

340:75-19-13 ITS are amended to update: (1) procedure related to qualified expert witness testimony; and (2) sentence structure and reformatting.

340:75-19-14 ITS are amended to reposition information, reformat and update sentence structure.

340:75-19-15 ITS are revoked and the information repositioned in another related section.

340:75-19-16 ITS are revoked and the information repositioned in another related section.

340:75-19-17 ITS are revoked and the information repositioned in another related section.

340:75-19-18 ITS are amended to update the processes related to permanency planning for the Indian child.

340:75-19-19 ITS are amended to: (1) clarify the beyond a reasonable doubt standard; and (2) reformat and update sentence structure.

340:75-19-20 ITS are amended to clarify procedures for placement of the Indian child in a tribal foster home or residential placement.

340:75-19-21 ITS are amended to update sentence structure.

340:75-19-22 ITS are revoked and information repositioned in a related section.

340:75-19-23 ITS are amended to reformat, restructure, and update sentence structure.

340:75-19-24 ITS are amended to update sentence structure.

340:75-19-26 ITS are amended to update sentence structure.

340:75-19-28 ITS are amended to reformat only.

340:75-19-29 ITS are amended to reformat and update sentence structure.

340:75-19-30 ITS are amended to update sentence structure.

340:75-19-32 ITS are amended to update sentence structure and delete information repositioned in rule.

340:75-19-33 ITS are amended to clarify the roles of the CW tribal liaison and the OKDHS CW specialist and update sentence structure.