COMMENT DUE DATE:
September 22, 2011
DATE:
September 9, 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-U
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
The proposed effective date is 10-1-11.
CHAPTER 75. CHILD WELFARE
Subchapter 3. Child Protective Services
OAC 340:75-3-6.1 ITS only [AMENDED]
OAC 340:75-3-7.3 ITS only [AMENDED]
OAC 340:75-3-7.4 ITS only [AMENDED]
OAC 340:75-3-9.1 ITS only [AMENDED]
OAC 340:75-3-10.2 ITS only [AMENDED]
OAC 340:75-3-10.3 ITS only [AMENDED]
Subchapter 6. Permanency Planning
Part 7. Case Plans
OAC 340:75-6-40.4 ITS only [AMENDED]
OAC 340:75-6-40.5 ITS only [AMENDED]
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85.2 ITS only [AMENDED]
SUMMARY:
OAC 340:75-3-6.1 ITS are amended to: (1) establish procedure to determine the most objective course of investigation when a report alleges serious physical abuse or sexual abuse by a CW staff person; (2) include trial reunification in the procedure for reports of abuse or neglect or injury of a child in an open case; (3) update protocol to require, and set out procedure for, a preliminary inquiry prior to screening out an accidental injury to a child in OKDHS custody; (4) update procedure regarding reports of abuse or neglect or rules violations in an open or closed foster or trial adoptive home; (5) require an investigation when three or more referrals have been accepted or the family is or has been the subject of a deprived petition; and (6) update sentence structure and verbiage to current usage
OAC 340:75-3-7.3 ITS are amended to: (1) require an investigation response time of five calendar days or less; (2) require an investigation for a child five years of age or younger when the abuse or neglect results in serious injury or near-death or risk of near-death; (3) update examples of when investigations are required according to a child's age from three to five and younger; (4) allows the first contact during an assessment to be made with the non-offending parent to arrange a time to interview and observe the alleged child victim; (5) update sentence structure and verbiage to current usage.
OAC 340:75-3-7.4 ITS are amended to: (1) return language that was inadvertently deleted during a previous rulemaking process; (2) update protocol related to response time for initiation of assessment or investigation and efforts to locate the child victim; (3) require an investigation of an accepted report when there have been three previous reports accepted for assessment or investigation; and (4) update protocols for attempted home visits and contact with the family by mail.
OAC 340:75-:3-9.1 ITS are amended to: (1) reposition language regarding consultation for child death or near-death investigations; (2) update the process for reporting death or near-deaths to Children and Family Services Division (CFSD) Child Protective Services Section; (3) clarify the public inquiries process; (4) refer staff to a certain policy cite for the final determination protocol; and (5) update the Critical Incidents Review Committee process.
OAC 340:75-3-10.2 ITS are amended to: (1) include direction for a Substantiated – Services recommended findings; and (2) establish a final determination review process for substantiated findings in an out-of-home investigation or critical incident investigation.
OAC 340:75-3-10.3 ITS only are amended to update substantiation protocols.
OAC 340:75-6-40.4 ITS only are amended to: (1) clarify that an individualized service plan (ISP) is not required when a request for immediate termination of parental rights or termination of a guardianship is filed or when the court finds efforts to reunite are not required; and (2) update sentence structure and form name.
OAC 340:75-6-40.5 ITS only are amended to: (1) require that service provider progress reports and critical incident reports are submitted to the court and others; (2) allow a letter or template-type report to be submitted to the court in certain instances; (3) correct a statutory cite; and (4) update sentence structure.
OAC 340:75-6-85.2 ITS only are amended to: (1) provide protocol for diligent search for relatives or kin who reside out-of-state and may be interested in an ICPC placement; and (2) restructure information and update sentence structure.
