COMMENT DUE DATE:
January 2, 2013
DATE:
December 4, 2012
Scott Raybern, CWS 405-521-2881
Nancy Kelly, OIRP 405-522-6703
Dena Thayer, OIRP Programs Administrator 405-521-4326
RE:
APA WF 12-10
The proposed policy is Permanent . This proposal will go to the Commission meeting on
CHAPTER 75. CHILD WELFARE
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicablity
OAC 340:75-1-2 [AMENDED]
OAC 340:75-1-13 through 340:75-1-14 [AMENDED]
OAC 340:75-1-16 through 340:75-1-18.1 [AMENDED]
OAC 340:75-1-18.4 [AMENDED]
OAC 340:75-1-20 through 340:75-1-23 [AMENDED]
OAC 340:75-1-23.1 [AMENDED AND RENUMBERED TO 340:75-6-40.8]
OAC 340:75-1-24 [REVOKED]
OAC 340:75-1-26 through 340:75-1-26.2 [AMENDED]
OAC 340:75-1-28 through 340:75-1-31 [AMENDED]
Part 3. Child Welfare Confidentiality
OAC 340:75-1-42 [AMENDED]
OAC 340:75-1-45 through 340:75-1-46 [AMENDED]
Part 7. Interstate Compact on the Placement of Children
OAC 340:75-1-86 [AMENDED]
Part 9. Rules Regarding Human Immunodeficiency Virus (HIV)
OAC 340:75-1-113 through 340:75-1-114 [AMENDED]
OAC 340:75-1-115 through 340:75-1-120 [REVOKED]
Part 10. Oklahoma Children's Services (OCS)
OAC 340:75-1-150 through 340:75-1-152 [AMENDED]
OAC 340:75-1-152.3 [AMENDED]
OAC 340:75-1-152.5 through 340:75-1-152.7 [AMENDED]
OAC 340:75-1-152.8 [REVOKED]
OAC 340:75-1-152.9 [AMENDED]
OAC 340:75-1-154 through 340:75-1-155 [AMENDED]
Part 15. Training for Child Welfare Specialist Training
OAC 340:75-1-230 through 233 [AMENDED]
OAC 340:75-1-240 through 340:75-1-241 [AMENDED]
Subchapter 3. Child Protective Services
OAC 340:75-3-1 [AMENDED AND RENUMBERED TO 340:75-3-100]
OAC 340:75-3-2 [AMENDED AND RENUMBERED TO 340:75-3-120]
OAC 340:75-3-4 [AMENDED AND RENUMBERED TO 340:75-3-100]
OAC 340:75-3-5 [AMENDED AND RENUMBERED TO 340:75-3-110]
OAC 340:75-3-6 [AMENDED AND RENUMBERED TO 340:75-3-130]
OAC 340:75-3-6.1 [AMENDED AND RENUMBERED TO 340:75-3-400]
OAC 340:75-3-7 [AMENDED AND RENUMBERED TO 340:75-3-140]
OAC 340:75-3-7.1 [AMENDED AND RENUMBERED TO 340:75-3-140]
OAC 340:75-3-7.3 [AMENDED AND RENUMBERED TO 340:75-3-310]
OAC 340:75-3-7.4 [AMENDED AND RENUMBERED TO 340:75-3-200]
OAC 340:75-3-7.5 [AMENDED AND RENUMBERED TO 340:75-3-210]
OAC 340:75-3-8 [AMENDED AND RENUMBERED TO 340:75-3-220]
OAC 340:75-3-8.1 [AMENDED AND RENUMBERED TO 340:75-3-401]
OAC 340:75-3-8.2 [AMENDED AND RENUMBERED TO 340:75-3-402]
OAC 340:75-3-8.3 [AMENDED AND RENUMBERED TO 340:75-3-430]
OAC 340:75-3-8.4 [AMENDED AND RENUMBERED TO 340:75-3-440]
OAC 340:75-3-8.7 [AMENDED AND RENUMBERED TO 340:75-3-450]
OAC 340:75-3-9.1 [AMENDED AND RENUMBERED TO 340:75-3-460]
OAC 340:75-3-10.1 [AMENDED AND RENUMBERED TO 340:75-3-300]
OAC 340:75-3-10.2 [AMENDED AND RENUMBERED TO 340:75-3-500]
OAC 340:75-3-10.3 [AMENDED AND RENUMBERED TO 340:75-3-130]
OAC 340:75-3-11 [AMENDED AND RENUMBERED TO 340:75-3-501]
OAC 340:75-3-12 [AMENDED AND RENUMBERED TO 340:75-3-140]
OAC 340:75-3-13 [AMENDED AND RENUMBERED TO 340:75-3-520]
OAC 340:75-3-20 [AMENDED AND RENUMBERED TO 340:75-3-530]
OAC 340:75-3-100 [NEW]
OAC 340:75-3-110 [NEW]
OAC 340:75-3-120 [NEW]
OAC 340:75-3-130 [NEW]
OAC 340:75-3-140 [NEW]
OAC 340:75-3-200 [NEW]
OAC 340:75-3-210 [NEW]
OAC 340:75-3-220 [NEW]
OAC 340:75-3-300 [NEW]
OAC 340:75-3-400 [NEW]
OAC 340:75-3-410 [NEW]
OAC 340:75-3-420 [NEW]
OAC 340:75-3-430 [NEW]
OAC 340:75-3-440 [NEW]
OAC 340:75-3-450 [NEW]
OAC 340:75-3-460 [NEW]
OAC 340:75-3-500 [NEW]
OAC 340:75-3-510 [NEW]
OAC 340:75-3-520 [NEW]
OAC 340:75-3-530 [NEW]
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 340:75-6-31.5 [AMENDED]
Part 7. Family and Child Individualized Service Planning Components
OAC 340:75-6-40 through 340:75-6-40.6 [AMENDED]
OAC 340:75-6-40.7 through 340:75-6-40.8 [NEW]
OAC 340:75-6-44 through 340:75-6-46 [AMENDED]
Part 8. Role of the Child Welfare Worker Specialist Role
OAC 340:75-6-48 through 340:75-6-48.1 [AMENDED]
OAC 340:75-6-48.2 [REVOKED]
OAC 340:75-6-48.3 through 340:75-6-50 [AMENDED]
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85 [AMENDED]
OAC 340:75-6-85.2 through 340:75-6-86 [AMENDED]
OAC 340:75-6-86 [AMENDED]
OAC 340:75-6-88 through 340:75-7-89 [AMENDED]
OAC 340:75-6-91 through 340:75-6-92 [AMENDED]
Part 13. Independent Living
OAC 340:75-6-110 [AMENDED]
Subchapter 7. Foster Home 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 340:75-7-14 through 340:75-7-15 [AMENDED]
OAC 340:75-7-18 [AMENDED]
OAC 340:75-7-19 [AMENDED]
OAC 340:75-7-24 [AMENDED]
Part 4. Roles and Responsibilities
OAC 340:75-7-37 through 340:75-7-38 [AMENDED]
OAC 340:75-7-41 [AMENDED]
Part 5. Eligibility and Payments
OAC 340:75-7-51 through 340:75-7-53 [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]
Part 25. Emergency Foster Care Program
OAC 340:75-7-262 [AMENDED]
Part 27. Contracted Foster Care Program
OAC 340:75-7-280 [AMENDED]
Part 28. Foster Parent Helpline and Mediation
OAC 340:75-7-290 through 340:75-7-291 [AMENDED]
Subchapter 13. Other Child Welfare Services and Medication Services for Children in Out-of-Home Care
OAC 340:75-13-75 [AMENDED]
OAC 340:75-13-80 [AMENDED]
Subchapter 15. Adoptions
Part 2. Legal Base and Scope of the Adoption Program
OAC 340:75-15-5 through 340:75-15-7 [AMENDED]
OAC 340:75-15-9 [AMENDED]
Part 6. Adoption Process
OAC 340:75-15-41.1 [AMENDED]
OAC 340:75-15-42 [REVOKED]
OAC 340:75-15-45 [REVOKED]
OAC 340:75-15-47 [AMENDED]
Part 10. Integrated Family Assessment and Preparation Process
OAC 340:75-15-82 [AMENDED]
OAC 340:75-15-83 [REVOKED]
OAC 340:75-15-84 [AMENDED]
OAC 340:75-15-87 through 340:75-15-89 [AMENDED]
OAC 340:75-15-91 [AMENDED]
Subchapter 18. Continuous Quality Improvement
OAC 340:75-18-1 through 340:75-18-2 [AMENDED]
Subchapter 19. Working with Indian Children
OAC 340:75-19-1 through 340:75-19-3 [AMENDED]
OAC 340:75-19-4 [REVOKED]
OAC 340:75-19-5 through 340:75-19-14 [AMENDED]
OAC 340:75-19-15 through 340:75-19-17 [REVOKED]
OAC 340:75-19-18 through 340:75-19-21 [AMENDED]
OAC 340:75-19-22 [REVOKED]
OAC 340:75-19-23 through 340:75-19-26.1 [AMENDED]
OAC 340:75-19-28 through 340:75-19-33 [AMENDED]
(Reference WF 12-10)
Contact:Scott Raybern 405-521-2881
SUMMARY:The proposed revisions to Subchapters 1, 3, 4, 6, 7, 13, 15, 18, and 19 of Chapter 75 amend the rule to: (1) o comply with federal and state statutes and regulations and Oklahoma Pinnacle Plan requirements related to the provision of child welfare services; and (2) update division, unit, and position titles consistent with the Oklahoma Department of Human Services (OKDHS) reorganization.
SUBSTANTIVE CHANGES:
OAC 340:75-1-2 is amended to revise sentence structure and division name consistent with the agency reorganization related to Child Welfare Services (CWS) mission, purpose, scope, and legal base.
OAC 340:75-1-13 is amended to revise punctuation related to requests from other states.
OAC 340:75-1-14 is amended to revise sentence structure related to the child welfare legal system.
OAC 340:75-1-16 is amended to revise sentence structure and cite existing statutory language regarding a child's release from state custody.
OAC 340:75-1-17 is amended to delete duplicative information found in OAC 340:75-1-18.4 and revise sentence structure related to adjudicatory hearings.
OAC 340:75-1-18 is amended to revise existing language to more closely track existing statutory language and revise sentence structure related to dispositional hearings.
OAC 340:75-1-18.1 is amended to revise sentence structure related to permanency hearings.
OAC 340:75-1-18.4 is amended to include existing Child Abuse Prevention Treatment Act (CAPTA) requirements regarding court determinations related to when reasonable efforts are not required to reunite the child and family per House Bill (HB) 2300.
OAC 340:75-1-20 is amended to reposition existing information, add statutory cite, and revise sentence structure related to judicial reviews.
OAC 340:75-1-21 is amended to revise sentence structure related to post-adjudicatory review boards.
OAC 340:75-1-22 is amended to update a statutory cite and revise sentence structure related to administrative reviews.
OAC 340:75-1-23 is amended to revise sentence structure and add reference to OAC 340:75-6-40.7 termination of parental rights.
OAC 340:75-1-23.1 is amended and renumbered to OAC 340:75-6-40.8.
OAC 340:75-1-24 is revoked as duplicative information.
OAC 340:75-1-26 is amended to:(1) update the procedure for scanning documents into the KIDS file cabinet; and (2) develop an exception that allows a secondary assignment.
OAC 340:75-1-26.1 is amended to revise sentence structure related to safety procedures for field visits.
OAC 340:75-1-26.2 is amended to revise sentence structure related to death certificates.
OAC 340:75-1-28 is amended to revised sentence structure related to contingency funds.
OAC 340:75-1-29 is amended to update division name consistent with the agency reorganization and revise sentence structure related to CWS case responsibility.
OAC 340:75-1-30 is amended to revise sentence structure related to Address Confidentiality Program.
OAC 340:75-1-31 is amended to revise sentence structure and punctuation related to citizenship and immigration status.
OAC 340:75-1-42 is amended to revise sentence structure related to client information confidentiality.
OAC 340:75-1-45 is amended to update division name consistent with the agency reorganization, add taglines, and revise sentence structure related to disclosure of agency records pursuant to a court order.
OAC 340:75-1-46 is amended to revise sentence structure related to transfer or release of information with Consent for Release of Information form.
OAC 340:75-1-86 is amended to update sentence structure.
OAC 340:75-1-113 is amended to combine information from OAC 340:75-1-113, 340:75-1-114, 340:75-1-115, and 340:75-1-118 in 340:75-1-113 related to rules regarding Human Immunodeficiency Virus (HIV).
OAC 340:75-1-114 is amended to delete information that is repositioned in OAC 340:75-1-113 and add information from OAC 340:75-1-117 and 340:75-1-120 related to rules regarding Human Immunodeficiency Virus.
OAC 340:75-1-115, 340:75-1-116, 340:75-1-117, and 340:75-1-118 are revoked and repositioned in OAC 340:75-1-113.
OAC 340:75-1-119 and 340:75-1-120 are revoked and information reposition in OAC 340:75-1-114.
OAC 340:75-1-150 is amended to update agency reorganization terminology and revise sentence structure related to Oklahoma Children's Services (OCS).
OAC 340:75-1-151, 340:75-1-152, and 340:75-1-152.3 are amended to revise Section tagline and sentence structure related to OCS.
OAC 340:75-1-151.1, 340:75-1-152.5, and 340:75-1-152.6 are amended to revise sentence structure related to OCS.
OAC 340:75-1-151.2 is amended to revise Section tagline and moved instructive information to Instructions to Staff (ITS) related to OCS.
OAC 340:75-1-152.7 is amended to clarify early termination of the OCS process and revise taglines and sentence structure.
OAC 340:75-1-152.8 is revoked and information repositioned in OAC 340:75-1-152.7.
OAC 340:75-1-152.9 and 340:75-1-154 are amended to revise sentence structure.
OAC 340:75-1-155 is amended to delete instructive information moved to related ITS related to OCS.
PART 15. TRAINING FOR CHILD WELFARE WORKERS SPECIALIST TRAINING
OAC 340:75-1-230 and 340:75-1-231 are amended to revise Section heading and sentence structure related to child welfare specialist training.
OAC 340:75-1-232 is amended to:(1) the new employee to successfully complete the post-CORE certification test; (2) delete instructive information to repositioning in related ITS; and (3) add statutory language related to annual training requirements.
OAC 340:75-1-233 and 340:75-1-240 are amended to revise sentence structure related to child welfare specialist training.
OAC 340:75-1-241 is amended to revise division name consistent with the agency reorganization and revise sentence structure related to child welfare specialist training.
OAC 340:75-3-1 amended and renumbered to OAC 340:75-3-100.
OAC 340:75-3-2 amended and renumbered to OAC 340:75-3-120.
OAC 340:75-3-4 amended and renumbered to OAC 340:75-3-100.
OAC 340:75-3-5 amended and renumbered to OAC 340:75-3-110.
OAC 340:75-3-6 amended and renumbered to OAC 340:75-3-130.
OAC 340:75-3-6.1 amended and renumbered to OAC 340:75-3-400.
OAC 340:75-3-7 amended and renumbered to OAC 340:75-3-140.
OAC 340:75-3-7.1 amended and renumbered to OAC 340:75-3-140.
OAC 340:75-3-7.3 amended and renumbered to OAC 340:75-3-310.
OAC 340:75-3-7.4 amended and renumbered to OAC 340:75-3-200.
OAC 340:75-3-7.5 amended and renumbered to OAC 340:75-3-210.
OAC 340:75-3-8 amended and renumbered to OAC 340:75-3-220.
OAC 340:75-3-8.1 amended and renumbered to OAC 340:75-3-401.
OAC 340:75-3-8.2 amended and renumbered to OAC 340:75-3-402.
OAC 340:75-3-8.3 amended and renumbered to OAC 340:75-3-430.
OAC 340:75-3-8.4 amended and renumbered to OAC 340:75-3-440.
OAC 340:75-3-8.7 amended and renumbered to OAC 340:75-3-450.
OAC 340:75-3-9.1 amended and renumbered to OAC 340:75-3-460.
OAC 340:75-3-10.1 amended and renumbered to OAC 340:75-3-300.
OAC 340:75-3-10.2 amended and renumbered to OAC 340:75-3-500.
OAC 340:75-3-10.3 amended and renumbered to OAC 340:75-3-130.
OAC 340:75-3-11 amended and renumbered to OAC 340:75-3-501.
OAC 340:75-3-12 amended and renumbered to OAC 340:75-3-150.
OAC 340:75-3-13 amended and renumbered to OAC 340:75-3-520.
OAC 340:75-3-20 amended and renumbered to OAC 340:75-3-530.
OAC 340:75-3-100 is new, renumbered from OAC 340:75-3-1 and 340:75-3-4, and further amended to:(1) clarify that child abuse and neglect reports in settings above the foster care level are investigated by the Office of Client Advocacy; and (2) clarify that an agent or employee of a public residential facility or day treatment program is considered a person responsible for the child per from Section 1-1-102 of Title 10A of the Oklahoma Statutes (10A O.S. § 402).
OAC 340:75-3-110 is new, renumbered from OAC 340:75-3-5, and further amended to move information in rule to ITS related to child protective services (CPS) relationships to other entities.
OAC 340:75-3-120 is new, renumbered from OAC 340:75-3-2 and 340:75-3-10.3, and further amended to:(1) clarify that terms not found in statute are defined in Instructions to Staff; (2) add definition of drug-endangered child per HB 2251; and (3) updated certain definitions to more closely track statutory language.
OAC 340:75-3-130 is new, renumbered from OAC 340:75-3-6, 340:75-3-7, 340:75-3-7.1, and 340:75-3-7.3, and further amended to revise sentence structure related to the OKDHS Abuse and Neglect Hotline.
OAC 340:75-3-140 is new, renumbered from OAC 340:75-3-12, and further amended to reposition language and revise sentence structure related to the Child Abuse and Neglect Information System also known as KIDS.
OAC 340:75-3-200 is new, renumbered from OAC 340:75-3-7.4, and further amended to revise sentence structure related to general protocols for the CPS assessment and investigation.
OAC 340:75-3-210 is new, renumbered from OAC 340:75-3-7.5, and further amended to revise sentence structure related to the CPS assessment protocol.
OAC 340:75-3-220 is new, renumbered from OAC 340:75-3-8, and further amended to revise sentence structure related to the CPS investigation protocol.
OAC 340:75-3-300 is new, renumbered from OAC 340:75-3-10.1, and further amended to revise sentence structure related to the child safety evaluation.
OAC 340:75-3-400 is new, renumbered from OAC 340:75-3-6.1, and further amended to delete duplicative information found in OAC 340:75-3-7.3, 340:75-3-8.3 and revise sentence structure related to reports of child abuse or neglect with specialized protocols.
OAC 340:75-3-410 is new, renumbered from OAC 340:75-3-8.1, and further amended to clarify that OCA investigates allegations of child abuse and neglect in an above foster care level setting and revise sentence structure.
OAC 340:75-3-420 is new, renumbered from OAC 340:75-3-8.2, and further amended to revise sentence structure related to protocol for investigating reports of abuse or neglect in child care centers or homes.
OAC 340:75-3-430 is new, renumbered from OAC 340:75-3-8.3, and further amended to delete instructive information moved to ITS related to protocol for investigating alleged medical neglect of infants born alive and infants born with disabilities.
OAC 340:75-3-440 is new, renumbered from OAC 340:75-3-8.4, and further amended to revise sentence structure and update position and division titles consistent with the agency reorganization related to the multidisciplinary child abuse team.
OAC 40:75-3-450 is new, renumbered from OAC 340:75-3-8.7, and further amended to:(1) revise Section tagline to "Drug-endangered child"; (2) clarify that substance abuse is considered during the safety assessment; (3) move cautionary specialist safety language to ITS; (4) require an investigation instead of an assessment when the report alleges the child is drug-endangered per HB 2251; and (5) add statutory requirement for OKDHS to maintain records regarding infants born exposed to alcohol or other harmful substances.
OAC 340:75-3-460 is new, renumbered from OAC 340:75-3-9.1, and further amended to include requirements of HB 3135 regarding child death or near-death disclosure.
OAC 340:75-3-500 is new, renumbered from OAC 340:75-3-10.2, and further amended to add new investigative findings per HB 2300.
OAC 340:75-3-510 is new, renumbered from OAC 340:75-3-11, and further amended to revise sentence structure related to reports to the district attorney regarding child abuse or neglect investigations.
OAC 340:75-3-520 is new, renumbered from OAC 340:75-3-13, and further amended to revise sentence structure related to the closure of the child protective services assessment or investigation.
OAC 340:75-3-530 is new, renumbered from OAC 340:75-3-20, and further amended to update the appeal processes related to substantiated findings of child abuse or neglect.
OAC 340:75-6-1 is amended to revise sentence structure related to the purpose for permanency planning for the child in OKDHS custody.
OAC 340:75-6-30 is amended to:(1) add statutory cites and related language regarding parent-child visitation, the child's mail and phone contacts, and child's contact with siblings; and (2) revise sentence structure.
OAC 340:75-6-31 is amended to:(1) add HB 3049 requirement that a parent who is a registered sex offender is prohibited from consideration for placement in certain circumstances; (2) update position and division titles consistent with the agency reorganization; and (3) update sentence structure and formatting.
OAC 340:75-6-31.1 is amended to revise sentence structure and formatting related to family team meetings.
OAC 340:75-6-31.2 is amended to revise sentence structure related to reunification services for TANF recipients.
OAC 340:75-6-31.3 is amended to:(1) update process for criminal background checks prior to trial reunification consistent with HB 2300; and (2) update sentence structure.
OAC 340:75-6-31.4 is amended to update procedures for permanent guardianships.
OAC 340:75-6-31.5 is amended to update taglines and sentence structure related to paternity establishment.
OAC 340:75-6-40 is amended to update sentence structure related to case plans.
OAC 340:75-6-40.1 is amended to update sentence structure related to the child's individualized service plan.
OAC 340:75-6-40.2 is amended to update sentence structure related to placement provider information.
OAC 340:75-6-40.3 is amended to update sentence structure and formatting related to the family functional assessment.
OAC 340:75-6-40.4 is amended to:(1) update sentence structure and formatting related to the individualized service plan; and (2) update division name consistent with the agency reorganization.
OAC 340:75-6-40.5 and 340:75-6-40.6 are amended to update sentence structure and formatting.
OAC 340:75-6-40.7 is new to create a Section related to termination of parental rights that contains information repositioned from OAC 340:75-1-23.
OAC 340:75-6-40.8 is new to create a single subject Section related to reinstatement of parental rights that contains information repositioned from OAC 340:75-1-23.
OAC 340:75-6-44 is amended to:(1) add HB 2300 requirement regarding reasonable efforts findings; and (2) revise sentence structure and taglines.
OAC 340:75-6-45 is amended to revise sentence structure and taglines related to case planning for incarcerated parents.
OAC 340:75-6-46 is amended to revise sentence structure and Section tagline related to services to youth involved in the juvenile justice system.
PART 8. ROLE OF THE CHILD WELFARE WORKER SPECIALIST ROLE
OAC 340:75-6-48 is amended to add foster child visitation requirements consistent with the Oklahoma Pinnacle Plan.
OAC 340:75-6-48.1 is amended to combine information from OAC 340:75-6-48.1 and 340:75-6-48.2 related to appointment and role of the child's attorney, guardian ad litem, and court-appointed special advocate.
OAC 340:75-6-48.2 is revoked as the information was repositioned in OAC 340:75-6-48.1.
OAC 340:75-6-48.3 is amended to revise sentence structure and Section tagline related to runaway or abducted children in OKDHS custody or under OKDHS supervision.
OAC 340:75-6-49 is amended to revise sentence structure related to religious and cultural observation.
OAC 340:75-6-50 is amended to revise sentence structure and taglines related to education.
OAC 340:75-6-85 is amended to:(1) add HB 2300 requirement regarding a registered sex offender's residence; and (2) revise sentence structure and update formatting related to placement considerations for the child in OKDHS custody.
OAC 340:75-6-85.2 is amended to revise sentence structure related to diligent search for relatives or kin.
OAC 340:75-6-85.3 is amended to revise sentence structure related to sibling placement.
OAC 340:75-6-85.4 is amended to revise sentence structure and Section tagline related to adoption as the permanency plan.
OAC 340:75-6-85.5 is amended to revise sentence structure related to supervision only cases.
OAC 340:75-6-85.6 is amended to update sentence structure related to voluntary foster care for a child born to youth in OKDHS custody.
OAC 340:75-6-86 is amended to:(1) require notice to the tribal representative involved in a case of the child's location; and (2) revise sentence structure related to the child's change in living arrangements.
OAC 340:75-6-88 is amended to revise sentence structure related to medical services for the child in OKDHS custody.
OAC 340:75-6-89 is amended to revise sentence structure related to the child's travel within or outside the United States.
OAC 340:75-6-91 is amended to revise sentence structure and division title consistent with the agency reorganization related to child care services for the CWS adult client.
OAC 340:75-6-92 is amended to delete and reposition instructive information in ITS and revise sentence structure related to services to the pregnant youth in OKDHS custody.
OAC 340:75-6-110 is amended to:(1) delete information regarding tuition waivers found in related ITS; (2) delete independent living specialized community home as a placement option due to budgetary cuts for youth in voluntary placement after 18 years of age; and (3) revise sentence structure and unit title consistent with the agency reorganization.
OAC 340:75-7-2 is amended to:(1) add definition of application; (2) update sentence structure and formatting related to adoptions.
OAC 340:75-7-10 is amended to update Section and subsection taglines and revise sentence structure related to Bridge resource family recruitment.
OAC 340:75-7-12 is amended to:(1) update the Bridge resource parent application for adoption process; and (2) state the Bridge foundational beliefs.
OAC 340:75-7-14 is amended to revise sentence structure, update taglines and unit title consistent with the agency reorganization related to training requirements for the Bridge resource parent.
OAC 340:75-7-15 is amended to:(1) update the process for evaluating a Bridge resource parent or adult household member's history of arrests, charges, or convictions for any offense; and (2) revise sentence structure and Section tagline.
OAC 340:75-7-18 is amended to:(1) reposition and update Bridge resource house assessment requirements from ITS to rule; (2) update the process for assessment of criminal and child welfare history; (3) clarify assessment of applicant's marital and relationship history and requirement for assessment of previous non-OKDHS foster care experience; and (4) revise sentence structure, taglines, and unit and position titles consistent with the agency reorganization.
OAC 340:75-7-19 is amended to update sentence structure and division, unit, and position titles consistent with the agency reorganization related to joint approval of resource homes.
OAC 340:75-7-24 is amended to revise the Section heading, sentence structure, and formatting related to kinship placement for the child in OKDHS custody.
OAC 340:75-7-37 is amended to:(1) clarify confidentiality related to photo or information sharing on any type of media or Internet sites; and (2) updating sentence structure and formatting.
OAC 340:75-7-37.1 is amended to update the Section heading and sentence structure related to the OKDHS responsibility to recruit, approve, and retain the Bridge resource family.
OAC 340:75-7-38 is amended to update information regarding the Bridge resource parent's discipline of the child in OKDHS custody.
OAC 340:75-7-41 is amended to update processes related to placement considerations and requirements.
OAC 340:75-7-51 is amended to clarify the process and update sentence structure related to foster care claims.
OAC 340:75-7-52 is amended to update sentence structure and agency division name consistent with the agency reorganization related to foster care contracts and maintenance payments.
OAC 340:75-7-52.1 is amended to update sentence structure and taglines related to Social Security and stipend benefits.
OAC 340:75-7-53 is amended to update sentence structure, tagline, and division name consistent with the agency reorganization related to difficulty of care payments for the eligible child.
OAC 340:75-7-65 is amended to revise sentence structure and update division and Section titles consistent with the agency reorganization related to foster care, child care, and supportive services for the Bridge resource.
OAC 340:75-7-94 is amended to update Section heading and sentence structure related to Bridge resource home reviews, non-compliance, investigations, closure, and fair hearings.
OAC 340:75-7-262 is amended to revise sentence structure and taglines, and delete instructive language moved to related ITS related to emergency foster care.
OAC 340:75-7-280 is amended to revise sentence structure and update position titles consistent with the agency reorganization related to contracted foster care.
OAC 340:75-7-290 is amended to revise sentence structure and tagline related to the foster parent helpline.
OAC 340:75-7-291 is amended to revise sentence structure and formatting related to foster care mediation.
OAC 340:75-13-75 amended to delete a revoked cite.
OAC 340:75-13-80 amended to correct a misspelling.
OAC 340:75-15-5 is amended to update introductory Section with legislative policy and intent, legal authority, and scope related to the OKDHS adoption services program.
OAC 340:75-15-6 is amended to update taglines, sentence structure and delete information related to adoptive home development to OAC 340:75-15-5.
OAC 340:75-15-7 is amended to update sentence structure related to adoption definitions.
OAC 340:75-15-9 is amended to update division name consistent with agency reorganization and sentence structure related to confidentiality.
OAC 340:75-15-41.1 is amended to update sentence structure related to adoption placement considerations.
OAC 340:75-15-42 and 340:75-15-45 are revoked as information in this Section is repositioned in OAC 340:75-15-41.1.
OAC 340:75-15-47 is amended to update sentence structure related to inter-jurisdictional fair hearings.
OAC 340:75-15-82 is amended to update sentence structure related to inter-jurisdictional fair hearings.
OAC 340:75-15-83 is revoked and combined with OAC 340:75-15-84.
OAC 340:75-15-84 is amended to:(1) insert adoption eligibility information from revoked Section OAC 340:75-15-83; (2) update the adoption application process; and (3) update sentence structure and formatting.
OAC 340:75-15-87 is amended to:(1) include SB 1183 requirement to obtain a Department of Public Safety Motor Vehicle Report; and (2) update sentence structure and unit titles consistent with the agency reorganization.
OAC 340:75-15-88 is amended to delete duplicative information found in OAC 340:75-15-88 ITS and update sentence structure.
OAC 340:75-15-89 is amended to update sentence structure related to the continued and annual re-assessment of the adoptive home.
OAC 340:75-15-91 is amended to update tagline and sentence structure related to the closure of the resource family home.
OAC 340:75-18-1 is amended to revise division, unit, and position titles consistent with the agency reorganization related to continuous quality improvement.
OAC 340:75-18-2 is amended to revise sentence structure related to continuous quality improvement.
OAC 340:75-19-1 is amended to combine OAC 340:75-19-1 and 340:75-19-16.
OAC 340:75-19-2 is amended to:(1) combine this Section and OAC 340:75-19-4; (2) cite the purpose of the Oklahoma Indian Child Welfare Act (OICWA) and statutory authority per 10 O.S. § 40.1; and (3) cite the applicability of the federal and state Indian Child Welfare Acts per 10 O.S. § 40.3.
OAC 340:75-19-3 is amended to update definitions related to the Indian Child Welfare Act (ICWA).
OAC 340:75-19-4 is revoked and the information repositioned in OAC 340:75-19-2.
OAC 340:75-19-5 is amended to update the Section tagline related to tribal and state court jurisdiction.
OAC 340:75-19-6 is amended to cite the legal authority for tribal inspection of OKDHS records without a court order per 10A O.S. § 1-6-103; (2) add HB 3135 requirement for disclosure of OKDHS records to federally recognized Indian tribes when an individual has applied to become a tribal foster, adoptive, or guardianship parent; and (3) update taglines.
OAC 340:75-19-7 is amended to update sentence structure only related to transfer of jurisdiction.
OAC 340:75-19-8 is amended to:(1) cite statutory authority for OICWA required findings regarding the child's Indian heritage per 10 O.S. § 40.3 (C) 1-3; and (2) update sentence structure.
OAC 340:75-19-9 is amended to:(1) delete instructive information repositioned in related ITS; (2) revise Section tagline; and (3) update sentence structure.
OAC 340:75-19-10 is amended to:(1) add statutory cite and language regarding emergency removal and placement of the Indian child domiciled on but located off the reservation; (2) reposition language related to the emergency removal of an Indian child; and (3) update sentence structure.
OAC 340:75-19-11 is amended to:(1) update taglines; (2) include statutory cites; (3) reformat information; and (4) cite statutory authority and language regarding invalidation of an action upon showing of certain violations.
OAC 340:75-19-12 is amended to:(1) strike duplicative language; (2) cite statutory authority for adjudication of an Indian child; and (3) update related language.
OAC 340:75-19-13 is amended to include:(1) statutory cite and language related to qualified expert witness testimony per Section 1912 of Title 25 of the United States Code (25 U.S.C. § 1912); and (2) Bureau of Indian Affairs (BIA) guidelines for qualified expert witnesses.
OAC 340:75-19-14 is amended to include:(1) statutory cite and language related to placement preferences for Indian children per 25 U.S.C. § 1915(a) and (b); (2) statutory cite and language related to tribal authority to establish tribe-specific placement preferences per 25 U.S.C. 1915(c); (3) cite statutory authority per 10 O.S. § 40.6 to utilize the child's tribe in securing a placement for the Indian child; and (4) cite statutory authority and language related to placement records per 25 U.S.C. § 1915.
OAC 340:75-19-15 is revoked because similar information is contained in OAC 340:75-19-14.
OAC 340:75-19-16 is revoked and information repositioned in OAC 340:75-19-1.
OAC 340:75-19-17 is revoked and information repositioned in OAC 340:75-19-6.
OAC 340:75-19-18 is amended to delete information contained in related Sections and to add a statutory cite for "active efforts" per 25 U.S.C. § 1912.
OAC 340:75-19-19 is amended to add a statutory cite and update sentence structure related to termination of parental rights to the Indian child per 25 U.S.C. § 1912(f).
OAC 340:75-19-20 is amended to:(1) combine information from OAC 340:75-19-22 to this Section; (2) delete information repositioned in ITS; and (3) update sentence structure and tagline.
OAC 340:75-19-21 is amended to update sentence structure.
OAC 340:75-19-22 is revoked and information repositioned in OAC 340:75-19-20.
OAC 340:75-19-23 is amended to:(1) add statutory cites related to adoptive placement preference per 25 U.S.C. § 1915; and (2) update sentence structure and taglines.
OAC 340:75-19-24 is amended to:(1) add statutory cites and information related to withdrawal of voluntary consent to adoption and the time requirement for invalidation of an adoption of an Indian child per 25 U.S.C. § 1913; and (2) update taglines.
OAC 340:75-19-25 is amended to add statutory cites related to the final decree of adoption per 25 U.S.C. § 1951 and the confidentiality affidavit per 5 U.S.C.§ 552.
OAC 340:75-19-26 is amended to update sentence structure only related to foster care reimbursement for the child in tribal custody.
OAC 340:75-19-26.1 is amended to update the procedure for the tribal Child Welfare worker to access therapeutic foster care for the Indian child.
OAC 340:75-19-28 is amended to update sentence structure only related to difficulty of care payments for the child in tribal custody.
OAC 340:75-19-29 is amended to add a statutory cite requiring notice that evidence gathered during the Indian child's stay in voluntary foster care may be used as a basis for court action per 10A O.S. § 1-7-112.
OAC 340:75-19-30 is amended to update sentence structure related to voluntary foster care for the child in tribal custody younger than 18 years of age.
OAC 340:75-19-31 is amended to update processes and procedures related to independent living services for youth in tribal custody.
OAC 340:75-19-32 is amended to:(1) reposition information in related ITS to this Section of rule; and (2) update sentence structure and formatting related to tribal/state agreements for foster care.
OAC 340:75-19-33 is amended to delete instructive information reposition in related ITS and update sentence structure related to roles of the Child Welfare Services tribal liaison and child welfare specialist.
LEGAL AUTHORITY:
(1) Director of Human Services;
(2) Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162);
(3) Oklahoma Children's Code 10A O.S. § 1-1-101 et. seq. related to existing statutory cites and language expanded in rule;
(4) House Bill (HB) 2251 and 10A O.S. §§ 1-2-102 and 1-1-105 related to the drug-endangered child;
(5) HB 3135 and 10A O.S. §§ 1-6-102 and 1-6-105 related to disclosure of confidential information;
(6) Senate Bill (SB) 1183 and 10 O.S. § 7505-5.3 and 10A O.S. § 1-7-111 related to the use of Department of Public Safety (DPS) Motor Vehicle Report for prospective foster and adoptive parents;
(7) HB 2300 and 10A O.S. § 1-1-105 related to child protective services investigation findings; 10A O.S. § 1-4-806 related to trial reunification background checks, and 10A O.S. § 1-4-809 related to reasonable efforts findings by the court;
(8) HB 3049 and 57 O.S. § 590 related to the parent who is a registered sex offender; and
(9) HB 3134 and non-codified language related to the OKDHS reorganization.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Deborah G. Smith, Director
Child Welfare Services
Date:December 3, 2012
Re:CHAPTER 75. CHILD WELFARE
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicablity
OAC 340:75-1-2 [AMENDED]
OAC 340:75-1-13 through 340:75-1-14 [AMENDED]
OAC 340:75-1-16 through 340:75-1-18.1 [AMENDED]
OAC 340:75-1-18.4 [AMENDED]
OAC 340:75-1-20 through 340:75-1-23 [AMENDED]
OAC 340:75-1-23.1 [AMENDED AND RENUMBERED TO 340:75-6-40.8]
OAC 340:75-1-24 [REVOKED]
OAC 340:75-1-26 through 340:75-1-26.2 [AMENDED]
OAC 340:75-1-28 through 340:75-1-31 [AMENDED]
Part 3. Child Welfare Confidentiality
OAC 340:75-1-42 [AMENDED]
OAC 340:75-1-45 through 340:75-1-46 [AMENDED]
Part 7. Interstate Compact on the Placement of Children
OAC 340:75-1-86 [AMENDED]
Part 9. Rules Regarding Human Immunodeficiency Virus (HIV)
OAC 340:75-1-113 through 340:75-1-114 [AMENDED]
OAC 340:75-1-115 through 340:75-1-120 [REVOKED]
Part 10. Oklahoma Children's Services (OCS)
OAC 340:75-1-150 through 340:75-1-152 [AMENDED]
OAC 340:75-1-152.3 [AMENDED]
OAC 340:75-1-152.5 through 340:75-1-152.7 [AMENDED]
OAC 340:75-1-152.8 [REVOKED]
OAC 340:75-1-152.9 [AMENDED]
OAC 340:75-1-154 through 340:75-1-155 [AMENDED]
Part 15. Training for Child Welfare Specialist Training
OAC 340:75-1-230 through 233 [AMENDED]
OAC 340:75-1-240 through 340:75-1-241 [AMENDED]
Subchapter 3. Child Protective Services
OAC 340:75-3-1 [AMENDED AND RENUMBERED TO 340:75-3-100]
OAC 340:75-3-2 [AMENDED AND RENUMBERED TO 340:75-3-120]
OAC 340:75-3-4 [AMENDED AND RENUMBERED TO 340:75-3-100]
OAC 340:75-3-5 [AMENDED AND RENUMBERED TO 340:75-3-110]
OAC 340:75-3-6 [AMENDED AND RENUMBERED TO 340:75-3-130]
OAC 340:75-3-6.1 [AMENDED AND RENUMBERED TO 340:75-3-400]
OAC 340:75-3-7 [AMENDED AND RENUMBERED TO 340:75-3-140]
OAC 340:75-3-7.1 [AMENDED AND RENUMBERED TO 340:75-3-140]
OAC 340:75-3-7.3 [AMENDED AND RENUMBERED TO 340:75-3-310]
OAC 340:75-3-7.4 [AMENDED AND RENUMBERED TO 340:75-3-200]
OAC 340:75-3-7.5 [AMENDED AND RENUMBERED TO 340:75-3-210]
OAC 340:75-3-8 [AMENDED AND RENUMBERED TO 340:75-3-220]
OAC 340:75-3-8.1 [AMENDED AND RENUMBERED TO 340:75-3-401]
OAC 340:75-3-8.2 [AMENDED AND RENUMBERED TO 340:75-3-402]
OAC 340:75-3-8.3 [AMENDED AND RENUMBERED TO 340:75-3-430]
OAC 340:75-3-8.4 [AMENDED AND RENUMBERED TO 340:75-3-440]
OAC 340:75-3-8.7 [AMENDED AND RENUMBERED TO 340:75-3-450]
OAC 340:75-3-9.1 [AMENDED AND RENUMBERED TO 340:75-3-460]
OAC 340:75-3-10.1 [AMENDED AND RENUMBERED TO 340:75-3-300]
OAC 340:75-3-10.2 [AMENDED AND RENUMBERED TO 340:75-3-500]
OAC 340:75-3-10.3 [AMENDED AND RENUMBERED TO 340:75-3-130]
OAC 340:75-3-11 [AMENDED AND RENUMBERED TO 340:75-3-501]
OAC 340:75-3-12 [AMENDED AND RENUMBERED TO 340:75-3-140]
OAC 340:75-3-13 [AMENDED AND RENUMBERED TO 340:75-3-520]
OAC 340:75-3-20 [AMENDED AND RENUMBERED TO 340:75-3-530]
OAC 340:75-3-100 [NEW]
OAC 340:75-3-110 [NEW]
OAC 340:75-3-120 [NEW]
OAC 340:75-3-130 [NEW]
OAC 340:75-3-140 [NEW]
OAC 340:75-3-200 [NEW]
OAC 340:75-3-210 [NEW]
OAC 340:75-3-220 [NEW]
OAC 340:75-3-300 [NEW]
OAC 340:75-3-400 [NEW]
OAC 340:75-3-410 [NEW]
OAC 340:75-3-420 [NEW]
OAC 340:75-3-430 [NEW]
OAC 340:75-3-440 [NEW]
OAC 340:75-3-450 [NEW]
OAC 340:75-3-460 [NEW]
OAC 340:75-3-500 [NEW]
OAC 340:75-3-510 [NEW]
OAC 340:75-3-520 [NEW]
OAC 340:75-3-530 [NEW]
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 340:75-6-31.5 [AMENDED]
Part 7. Family and Child Individualized Service Planning Components
OAC 340:75-6-40 through 340:75-6-40.6 [AMENDED]
OAC 340:75-6-40.7 through 340:75-6-40.8 [NEW]
OAC 340:75-6-44 through 340:75-6-46 [AMENDED]
Part 8. Role of the Child Welfare Worker Specialist Role
OAC 340:75-6-48 through 340:75-6-48.1 [AMENDED]
OAC 340:75-6-48.2 [REVOKED]
OAC 340:75-6-48.3 through 340:75-6-50 [AMENDED]
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85 [AMENDED]
OAC 340:75-6-85.2 through 340:75-6-86 [AMENDED]
OAC 340:75-6-86 [AMENDED]
OAC 340:75-6-88 through 340:75-7-89 [AMENDED]
OAC 340:75-6-91 through 340:75-6-92 [AMENDED]
Part 13. Independent Living
OAC 340:75-6-110 [AMENDED]
Subchapter 7. Foster Home 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 340:75-7-14 through 340:75-7-15 [AMENDED]
OAC 340:75-7-18 [AMENDED]
OAC 340:75-7-19 [AMENDED]
OAC 340:75-7-24 [AMENDED]
Part 4. Roles and Responsibilities
OAC 340:75-7-37 through 340:75-7-38 [AMENDED]
OAC 340:75-7-41 [AMENDED]
Part 5. Eligibility and Payments
OAC 340:75-7-51 through 340:75-7-53 [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]
Part 25. Emergency Foster Care Program
OAC 340:75-7-262 [AMENDED]
Part 27. Contracted Foster Care Program
OAC 340:75-7-280 [AMENDED]
Part 28. Foster Parent Helpline and Mediation
OAC 340:75-7-290 through 340:75-7-291 [AMENDED]
Subchapter 13. Other Child Welfare Services and Medication Services for Children in Out-of-Home Care
OAC 340:75-13-75 [AMENDED]
OAC 340:75-13-80 [AMENDED]
Subchapter 15. Adoptions
Part 2. Legal Base and Scope of the Adoption Program
OAC 340:75-15-5 through 340:75-15-7 [AMENDED]
OAC 340:75-15-9 [AMENDED]
Part 6. Adoption Process
OAC 340:75-15-41.1 [AMENDED]
OAC 340:75-15-42 [REVOKED]
OAC 340:75-15-45 [REVOKED]
OAC 340:75-15-47 [AMENDED]
Part 10. Integrated Family Assessment and Preparation Process
OAC 340:75-15-82 [AMENDED]
OAC 340:75-15-83 [REVOKED]
OAC 340:75-15-84 [AMENDED]
OAC 340:75-15-87 through 340:75-15-89 [AMENDED]
OAC 340:75-15-91 [AMENDED]
Subchapter 18. Continuous Quality Improvement
OAC 340:75-18-1 through 340:75-18-2 [AMENDED]
Subchapter 19. Working with Indian Children
OAC 340:75-19-1 through 340:75-19-3 [AMENDED]
OAC 340:75-19-4 [REVOKED]
OAC 340:75-19-5 through 340:75-19-14 [AMENDED]
OAC 340:75-19-15 through 340:75-19-17 [REVOKED]
OAC 340:75-19-18 through 340:75-19-21 [AMENDED]
OAC 340:75-19-22 [REVOKED]
OAC 340:75-19-23 through 340:75-19-26.1 [AMENDED]
OAC 340:75-19-28 through 340:75-19-33 [AMENDED]
(Reference WF 12-10)
Contact:Scott Raybern 405-521-2881
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapters 1, 3, 4, 6, 7, 13, 15, 18, and 19 of Chapter 75: (1) amend the rules to comply with federal and state statutes and regulations and Oklahoma Pinnacle Plan requirements related to the provision of child welfare services; and (2) update division, unit, and position titles consistent with the Oklahoma Department of Human Services (OKDHS) reorganization.
Strategic Plan impact. The proposed rules achieve OKDHS goals by providing processes related to regulations and guidelines that support and strengthen the family and protect its members.
Substantive changes.
OAC 340:75-1-2 is amended to revise sentence structure and division name consistent with the agency reorganization related to Child Welfare Services (CWS) mission, purpose, scope, and legal base.
OAC 340:75-1-13 is amended to revise punctuation related to requests from other states.
OAC 340:75-1-14 is amended to revise sentence structure related to the child welfare legal system.
OAC 340:75-1-16 is amended to revise sentence structure and cite existing statutory language regarding a child's release from state custody.
OAC 340:75-1-17 is amended to delete duplicative information found in OAC 340:75-1-18.4 and revise sentence structure related to adjudicatory hearings.
OAC 340:75-1-18 is amended to revise existing language to more closely track existing statutory language and revise sentence structure related to dispositional hearings.
OAC 340:75-1-18.1 is amended to revise sentence structure related to permanency hearings.
OAC 340:75-1-18.4 is amended to include existing Child Abuse Prevention Treatment Act (CAPTA) requirements regarding court determinations related to when reasonable efforts are not required to reunite the child and family per House Bill (HB) 2300.
OAC 340:75-1-20 is amended to reposition existing information, add statutory cite, and revise sentence structure related to judicial reviews.
OAC 340:75-1-21 is amended to revise sentence structure related to post-adjudicatory review boards.
OAC 340:75-1-22 is amended to update a statutory cite and revise sentence structure related to administrative reviews.
OAC 340:75-1-23 is amended to revise sentence structure and add reference to OAC 340:75-6-40.7 termination of parental rights.
OAC 340:75-1-23.1 is amended and renumbered to OAC 340:75-6-40.8.
OAC 340:75-1-24 is revoked as duplicative information.
OAC 340:75-1-26 is amended to:(1) update the procedure for scanning documents into the KIDS file cabinet; and (2) develop an exception that allows a secondary assignment.
OAC 340:75-1-26.1 is amended to revise sentence structure related to safety procedures for field visits.
OAC 340:75-1-26.2 is amended to revise sentence structure related to death certificates.
OAC 340:75-1-28 is amended to revised sentence structure related to contingency funds.
OAC 340:75-1-29 is amended to update division name consistent with the agency reorganization and revise sentence structure related to CWS case responsibility.
OAC 340:75-1-30 is amended to revise sentence structure related to Address Confidentiality Program.
OAC 340:75-1-31 is amended to revise sentence structure and punctuation related to citizenship and immigration status.
OAC 340:75-1-42 is amended to revise sentence structure related to client information confidentiality.
OAC 340:75-1-45 is amended to update division name consistent with the agency reorganization, add taglines, and revise sentence structure related to disclosure of agency records pursuant to a court order.
OAC 340:75-1-46 is amended to revise sentence structure related to transfer or release of information with Consent for Release of Information form.
OAC 340:75-1-86 is amended to update sentence structure.
OAC 340:75-1-113 is amended to combine information from OAC 340:75-1-113, 340:75-1-114, 340:75-1-115, and 340:75-1-118 in 340:75-1-113 related to rules regarding Human Immunodeficiency Virus (HIV).
OAC 340:75-1-114 is amended to delete information that is repositioned in OAC 340:75-1-113 and add information from OAC 340:75-1-117 and 340:75-1-120 related to rules regarding Human Immunodeficiency Virus.
OAC 340:75-1-115, 340:75-1-116, 340:75-1-117, and 340:75-1-118 are revoked and repositioned in OAC 340:75-1-113.
OAC 340:75-1-119 and 340:75-1-120 are revoked and information reposition in OAC 340:75-1-114.
OAC 340:75-1-150 is amended to update agency reorganization terminology and revise sentence structure related to Oklahoma Children's Services (OCS).
OAC 340:75-1-151, 340:75-1-152, and 340:75-1-152.3 are amended to revise Section tagline and sentence structure related to OCS.
OAC 340:75-1-151.1, 340:75-1-152.5, and 340:75-1-152.6 are amended to revise sentence structure related to OCS.
OAC 340:75-1-151.2 is amended to revise Section tagline and moved instructive information to Instructions to Staff (ITS) related to OCS.
OAC 340:75-1-152.7 is amended to clarify early termination of the OCS process and revise taglines and sentence structure.
OAC 340:75-1-152.8 is revoked and information repositioned in OAC 340:75-1-152.7.
OAC 340:75-1-152.9 and 340:75-1-154 are amended to revise sentence structure.
OAC 340:75-1-155 is amended to delete instructive information moved to related ITS related to OCS.
PART 15. TRAINING FOR CHILD WELFARE WORKERS SPECIALIST TRAINING
OAC 340:75-1-230 and 340:75-1-231 are amended to revise Section heading and sentence structure related to child welfare specialist training.
OAC 340:75-1-232 is amended to:(1) the new employee to successfully complete the post-CORE certification test; (2) delete instructive information to repositioning in related ITS; and (3) add statutory language related to annual training requirements.
OAC 340:75-1-233 and 340:75-1-240 are amended to revise sentence structure related to child welfare specialist training.
OAC 340:75-1-241 is amended to revise division name consistent with the agency reorganization and revise sentence structure related to child welfare specialist training.
OAC 340:75-3-1 amended and renumbered to OAC 340:75-3-100.
OAC 340:75-3-2 amended and renumbered to OAC 340:75-3-120.
OAC 340:75-3-4 amended and renumbered to OAC 340:75-3-100.
OAC 340:75-3-5 amended and renumbered to OAC 340:75-3-110.
OAC 340:75-3-6 amended and renumbered to OAC 340:75-3-130.
OAC 340:75-3-6.1 amended and renumbered to OAC 340:75-3-400.
OAC 340:75-3-7 amended and renumbered to OAC 340:75-3-140.
OAC 340:75-3-7.1 amended and renumbered to OAC 340:75-3-140.
OAC 340:75-3-7.3 amended and renumbered to OAC 340:75-3-310.
OAC 340:75-3-7.4 amended and renumbered to OAC 340:75-3-200.
OAC 340:75-3-7.5 amended and renumbered to OAC 340:75-3-210.
OAC 340:75-3-8 amended and renumbered to OAC 340:75-3-220.
OAC 340:75-3-8.1 amended and renumbered to OAC 340:75-3-401.
OAC 340:75-3-8.2 amended and renumbered to OAC 340:75-3-402.
OAC 340:75-3-8.3 amended and renumbered to OAC 340:75-3-430.
OAC 340:75-3-8.4 amended and renumbered to OAC 340:75-3-440.
OAC 340:75-3-8.7 amended and renumbered to OAC 340:75-3-450.
OAC 340:75-3-9.1 amended and renumbered to OAC 340:75-3-460.
OAC 340:75-3-10.1 amended and renumbered to OAC 340:75-3-300.
OAC 340:75-3-10.2 amended and renumbered to OAC 340:75-3-500.
OAC 340:75-3-10.3 amended and renumbered to OAC 340:75-3-130.
OAC 340:75-3-11 amended and renumbered to OAC 340:75-3-501.
OAC 340:75-3-12 amended and renumbered to OAC 340:75-3-150.
OAC 340:75-3-13 amended and renumbered to OAC 340:75-3-520.
OAC 340:75-3-20 amended and renumbered to OAC 340:75-3-530.
OAC 340:75-3-100 is new, renumbered from OAC 340:75-3-1 and 340:75-3-4, and further amended to:(1) clarify that child abuse and neglect reports in settings above the foster care level are investigated by the Office of Client Advocacy; and (2) clarify that an agent or employee of a public residential facility or day treatment program is considered a person responsible for the child per from Section 1-1-102 of Title 10A of the Oklahoma Statutes (10A O.S. § 402).
OAC 340:75-3-110 is new, renumbered from OAC 340:75-3-5, and further amended to move information in rule to ITS related to child protective services (CPS) relationships to other entities.
OAC 340:75-3-120 is new, renumbered from OAC 340:75-3-2 and 340:75-3-10.3, and further amended to:(1) clarify that terms not found in statute are defined in Instructions to Staff; (2) add definition of drug-endangered child per HB 2251; and (3) updated certain definitions to more closely track statutory language.
OAC 340:75-3-130 is new, renumbered from OAC 340:75-3-6, 340:75-3-7, 340:75-3-7.1, and 340:75-3-7.3, and further amended to revise sentence structure related to the OKDHS Abuse and Neglect Hotline.
OAC 340:75-3-140 is new, renumbered from OAC 340:75-3-12, and further amended to reposition language and revise sentence structure related to the Child Abuse and Neglect Information System also known as KIDS.
OAC 340:75-3-200 is new, renumbered from OAC 340:75-3-7.4, and further amended to revise sentence structure related to general protocols for the CPS assessment and investigation.
OAC 340:75-3-210 is new, renumbered from OAC 340:75-3-7.5, and further amended to revise sentence structure related to the CPS assessment protocol.
OAC 340:75-3-220 is new, renumbered from OAC 340:75-3-8, and further amended to revise sentence structure related to the CPS investigation protocol.
OAC 340:75-3-300 is new, renumbered from OAC 340:75-3-10.1, and further amended to revise sentence structure related to the child safety evaluation.
OAC 340:75-3-400 is new, renumbered from OAC 340:75-3-6.1, and further amended to delete duplicative information found in OAC 340:75-3-7.3, 340:75-3-8.3 and revise sentence structure related to reports of child abuse or neglect with specialized protocols.
OAC 340:75-3-410 is new, renumbered from OAC 340:75-3-8.1, and further amended to clarify that OCA investigates allegations of child abuse and neglect in an above foster care level setting and revise sentence structure.
OAC 340:75-3-420 is new, renumbered from OAC 340:75-3-8.2, and further amended to revise sentence structure related to protocol for investigating reports of abuse or neglect in child care centers or homes.
OAC 340:75-3-430 is new, renumbered from OAC 340:75-3-8.3, and further amended to delete instructive information moved to ITS related to protocol for investigating alleged medical neglect of infants born alive and infants born with disabilities.
OAC 340:75-3-440 is new, renumbered from OAC 340:75-3-8.4, and further amended to revise sentence structure and update position and division titles consistent with the agency reorganization related to the multidisciplinary child abuse team.
OAC 40:75-3-450 is new, renumbered from OAC 340:75-3-8.7, and further amended to:(1) revise Section tagline to "Drug-endangered child"; (2) clarify that substance abuse is considered during the safety assessment; (3) move cautionary specialist safety language to ITS; (4) require an investigation instead of an assessment when the report alleges the child is drug-endangered per HB 2251; and (5) add statutory requirement for OKDHS to maintain records regarding infants born exposed to alcohol or other harmful substances.
OAC 340:75-3-460 is new, renumbered from OAC 340:75-3-9.1, and further amended to include requirements of HB 3135 regarding child death or near-death disclosure.
OAC 340:75-3-500 is new, renumbered from OAC 340:75-3-10.2, and further amended to add new investigative findings per HB 2300.
OAC 340:75-3-510 is new, renumbered from OAC 340:75-3-11, and further amended to revise sentence structure related to reports to the district attorney regarding child abuse or neglect investigations.
OAC 340:75-3-520 is new, renumbered from OAC 340:75-3-13, and further amended to revise sentence structure related to the closure of the child protective services assessment or investigation.
OAC 340:75-3-530 is new, renumbered from OAC 340:75-3-20, and further amended to update the appeal processes related to substantiated findings of child abuse or neglect.
OAC 340:75-6-1 is amended to revise sentence structure related to the purpose for permanency planning for the child in OKDHS custody.
OAC 340:75-6-30 is amended to:(1) add statutory cites and related language regarding parent-child visitation, the child's mail and phone contacts, and child's contact with siblings; and (2) revise sentence structure.
OAC 340:75-6-31 is amended to:(1) add HB 3049 requirement that a parent who is a registered sex offender is prohibited from consideration for placement in certain circumstances; (2) update position and division titles consistent with the agency reorganization; and (3) update sentence structure and formatting.
OAC 340:75-6-31.1 is amended to revise sentence structure and formatting related to family team meetings.
OAC 340:75-6-31.2 is amended to revise sentence structure related to reunification services for TANF recipients.
OAC 340:75-6-31.3 is amended to:(1) update process for criminal background checks prior to trial reunification consistent with HB 2300; and (2) update sentence structure.
OAC 340:75-6-31.4 is amended to update procedures for permanent guardianships.
OAC 340:75-6-31.5 is amended to update taglines and sentence structure related to paternity establishment.
OAC 340:75-6-40 is amended to update sentence structure related to case plans.
OAC 340:75-6-40.1 is amended to update sentence structure related to the child's individualized service plan.
OAC 340:75-6-40.2 is amended to update sentence structure related to placement provider information.
OAC 340:75-6-40.3 is amended to update sentence structure and formatting related to the family functional assessment.
OAC 340:75-6-40.4 is amended to:(1) update sentence structure and formatting related to the individualized service plan; and (2) update division name consistent with the agency reorganization.
OAC 340:75-6-40.5 and 340:75-6-40.6 are amended to update sentence structure and formatting.
OAC 340:75-6-40.7 is new to create a Section related to termination of parental rights that contains information repositioned from OAC 340:75-1-23.
OAC 340:75-6-40.8 is new to create a single subject Section related to reinstatement of parental rights that contains information repositioned from OAC 340:75-1-23.
OAC 340:75-6-44 is amended to:(1) add HB 2300 requirement regarding reasonable efforts findings; and (2) revise sentence structure and taglines.
OAC 340:75-6-45 is amended to revise sentence structure and taglines related to case planning for incarcerated parents.
OAC 340:75-6-46 is amended to revise sentence structure and Section tagline related to services to youth involved in the juvenile justice system.
PART 8. ROLE OF THE CHILD WELFARE WORKER SPECIALIST ROLE
OAC 340:75-6-48 is amended to add foster child visitation requirements consistent with the Oklahoma Pinnacle Plan.
OAC 340:75-6-48.1 is amended to combine information from OAC 340:75-6-48.1 and 340:75-6-48.2 related to appointment and role of the child's attorney, guardian ad litem, and court-appointed special advocate.
OAC 340:75-6-48.2 is revoked as the information was repositioned in OAC 340:75-6-48.1.
OAC 340:75-6-48.3 is amended to revise sentence structure and Section tagline related to runaway or abducted children in OKDHS custody or under OKDHS supervision.
OAC 340:75-6-49 is amended to revise sentence structure related to religious and cultural observation.
OAC 340:75-6-50 is amended to revise sentence structure and taglines related to education.
OAC 340:75-6-85 is amended to:(1) add HB 2300 requirement regarding a registered sex offender's residence; and (2) revise sentence structure and update formatting related to placement considerations for the child in OKDHS custody.
OAC 340:75-6-85.2 is amended to revise sentence structure related to diligent search for relatives or kin.
OAC 340:75-6-85.3 is amended to revise sentence structure related to sibling placement.
OAC 340:75-6-85.4 is amended to revise sentence structure and Section tagline related to adoption as the permanency plan.
OAC 340:75-6-85.5 is amended to revise sentence structure related to supervision only cases.
OAC 340:75-6-85.6 is amended to update sentence structure related to voluntary foster care for a child born to youth in OKDHS custody.
OAC 340:75-6-86 is amended to:(1) require notice to the tribal representative involved in a case of the child's location; and (2) revise sentence structure related to the child's change in living arrangements.
OAC 340:75-6-88 is amended to revise sentence structure related to medical services for the child in OKDHS custody.
OAC 340:75-6-89 is amended to revise sentence structure related to the child's travel within or outside the United States.
OAC 340:75-6-91 is amended to revise sentence structure and division title consistent with the agency reorganization related to child care services for the CWS adult client.
OAC 340:75-6-92 is amended to delete and reposition instructive information in ITS and revise sentence structure related to services to the pregnant youth in OKDHS custody.
OAC 340:75-6-110 is amended to:(1) delete information regarding tuition waivers found in related ITS; (2) delete independent living specialized community home as a placement option due to budgetary cuts for youth in voluntary placement after 18 years of age; and (3) revise sentence structure and unit title consistent with the agency reorganization.
OAC 340:75-7-2 is amended to:(1) add definition of application; (2) update sentence structure and formatting related to adoptions.
OAC 340:75-7-10 is amended to update Section and subsection taglines and revise sentence structure related to Bridge resource family recruitment.
OAC 340:75-7-12 is amended to:(1) update the Bridge resource parent application for adoption process; and (2) state the Bridge foundational beliefs.
OAC 340:75-7-14 is amended to revise sentence structure, update taglines and unit title consistent with the agency reorganization related to training requirements for the Bridge resource parent.
OAC 340:75-7-15 is amended to:(1) update the process for evaluating a Bridge resource parent or adult household member's history of arrests, charges, or convictions for any offense; and (2) revise sentence structure and Section tagline.
OAC 340:75-7-18 is amended to:(1) reposition and update Bridge resource house assessment requirements from ITS to rule; (2) update the process for assessment of criminal and child welfare history; (3) clarify assessment of applicant's marital and relationship history and requirement for assessment of previous non-OKDHS foster care experience; and (4) revise sentence structure, taglines, and unit and position titles consistent with the agency reorganization.
OAC 340:75-7-19 is amended to update sentence structure and division, unit, and position titles consistent with the agency reorganization related to joint approval of resource homes.
OAC 340:75-7-24 is amended to revise the Section heading, sentence structure, and formatting related to kinship placement for the child in OKDHS custody.
OAC 340:75-7-37 is amended to:(1) clarify confidentiality related to photo or information sharing on any type of media or Internet sites; and (2) updating sentence structure and formatting.
OAC 340:75-7-37.1 is amended to update the Section heading and sentence structure related to the OKDHS responsibility to recruit, approve, and retain the Bridge resource family.
OAC 340:75-7-38 is amended to update information regarding the Bridge resource parent's discipline of the child in OKDHS custody.
OAC 340:75-7-41 is amended to update processes related to placement considerations and requirements.
OAC 340:75-7-51 is amended to clarify the process and update sentence structure related to foster care claims.
OAC 340:75-7-52 is amended to update sentence structure and agency division name consistent with the agency reorganization related to foster care contracts and maintenance payments.
OAC 340:75-7-52.1 is amended to update sentence structure and taglines related to Social Security and stipend benefits.
OAC 340:75-7-53 is amended to update sentence structure, tagline, and division name consistent with the agency reorganization related to difficulty of care payments for the eligible child.
OAC 340:75-7-65 is amended to revise sentence structure and update division and Section titles consistent with the agency reorganization related to foster care, child care, and supportive services for the Bridge resource.
OAC 340:75-7-94 is amended to update Section heading and sentence structure related to Bridge resource home reviews, non-compliance, investigations, closure, and fair hearings.
OAC 340:75-7-262 is amended to revise sentence structure and taglines, and delete instructive language moved to related ITS related to emergency foster care.
OAC 340:75-7-280 is amended to revise sentence structure and update position titles consistent with the agency reorganization related to contracted foster care.
OAC 340:75-7-290 is amended to revise sentence structure and tagline related to the foster parent helpline.
OAC 340:75-7-291 is amended to revise sentence structure and formatting related to foster care mediation.
OAC 340:75-13-75 amended to delete a revoked cite.
OAC 340:75-13-80 amended to correct a misspelling.
OAC 340:75-15-5 is amended to update introductory Section with legislative policy and intent, legal authority, and scope related to the OKDHS adoption services program.
OAC 340:75-15-6 is amended to update taglines, sentence structure and delete information related to adoptive home development to OAC 340:75-15-5.
OAC 340:75-15-7 is amended to update sentence structure related to adoption definitions.
OAC 340:75-15-9 is amended to update division name consistent with agency reorganization and sentence structure related to confidentiality.
OAC 340:75-15-41.1 is amended to update sentence structure related to adoption placement considerations.
OAC 340:75-15-42 and 340:75-15-45 are revoked as information in this Section is repositioned in OAC 340:75-15-41.1.
OAC 340:75-15-47 is amended to update sentence structure related to inter-jurisdictional fair hearings.
OAC 340:75-15-82 is amended to update sentence structure related to inter-jurisdictional fair hearings.
OAC 340:75-15-83 is revoked and combined with OAC 340:75-15-84.
OAC 340:75-15-84 is amended to:(1) insert adoption eligibility information from revoked Section OAC 340:75-15-83; (2) update the adoption application process; and (3) update sentence structure and formatting.
OAC 340:75-15-87 is amended to:(1) include SB 1183 requirement to obtain a Department of Public Safety Motor Vehicle Report; and (2) update sentence structure and unit titles consistent with the agency reorganization.
OAC 340:75-15-88 is amended to delete duplicative information found in OAC 340:75-15-88 ITS and update sentence structure.
OAC 340:75-15-89 is amended to update sentence structure related to the continued and annual re-assessment of the adoptive home.
OAC 340:75-15-91 is amended to update tagline and sentence structure related to the closure of the resource family home.
OAC 340:75-18-1 is amended to revise division, unit, and position titles consistent with the agency reorganization related to continuous quality improvement.
OAC 340:75-18-2 is amended to revise sentence structure related to continuous quality improvement.
OAC 340:75-19-1 is amended to combine OAC 340:75-19-1 and 340:75-19-16.
OAC 340:75-19-2 is amended to:(1) combine this Section and OAC 340:75-19-4; (2) cite the purpose of the Oklahoma Indian Child Welfare Act (OICWA) and statutory authority per 10 O.S. § 40.1; and (3) cite the applicability of the federal and state Indian Child Welfare Acts per 10 O.S. § 40.3.
OAC 340:75-19-3 is amended to update definitions related to the Indian Child Welfare Act (ICWA).
OAC 340:75-19-4 is revoked and the information repositioned in OAC 340:75-19-2.
OAC 340:75-19-5 is amended to update the Section tagline related to tribal and state court jurisdiction.
OAC 340:75-19-6 is amended to cite the legal authority for tribal inspection of OKDHS records without a court order per 10A O.S. § 1-6-103; (2) add HB 3135 requirement for disclosure of OKDHS records to federally recognized Indian tribes when an individual has applied to become a tribal foster, adoptive, or guardianship parent; and (3) update taglines.
OAC 340:75-19-7 is amended to update sentence structure only related to transfer of jurisdiction.
OAC 340:75-19-8 is amended to:(1) cite statutory authority for OICWA required findings regarding the child's Indian heritage per 10 O.S. § 40.3 (C) 1-3; and (2) update sentence structure.
OAC 340:75-19-9 is amended to:(1) delete instructive information repositioned in related ITS; (2) revise Section tagline; and (3) update sentence structure.
OAC 340:75-19-10 is amended to:(1) add statutory cite and language regarding emergency removal and placement of the Indian child domiciled on but located off the reservation; (2) reposition language related to the emergency removal of an Indian child; and (3) update sentence structure.
OAC 340:75-19-11 is amended to:(1) update taglines; (2) include statutory cites; (3) reformat information; and (4) cite statutory authority and language regarding invalidation of an action upon showing of certain violations.
OAC 340:75-19-12 is amended to:(1) strike duplicative language; (2) cite statutory authority for adjudication of an Indian child; and (3) update related language.
OAC 340:75-19-13 is amended to include:(1) statutory cite and language related to qualified expert witness testimony per Section 1912 of Title 25 of the United States Code (25 U.S.C. § 1912); and (2) Bureau of Indian Affairs (BIA) guidelines for qualified expert witnesses.
OAC 340:75-19-14 is amended to include:(1) statutory cite and language related to placement preferences for Indian children per 25 U.S.C. § 1915(a) and (b); (2) statutory cite and language related to tribal authority to establish tribe-specific placement preferences per 25 U.S.C. 1915(c); (3) cite statutory authority per 10 O.S. § 40.6 to utilize the child's tribe in securing a placement for the Indian child; and (4) cite statutory authority and language related to placement records per 25 U.S.C. § 1915.
OAC 340:75-19-15 is revoked because similar information is contained in OAC 340:75-19-14.
OAC 340:75-19-16 is revoked and information repositioned in OAC 340:75-19-1.
OAC 340:75-19-17 is revoked and information repositioned in OAC 340:75-19-6.
OAC 340:75-19-18 is amended to delete information contained in related Sections and to add a statutory cite for "active efforts" per 25 U.S.C. § 1912.
OAC 340:75-19-19 is amended to add a statutory cite and update sentence structure related to termination of parental rights to the Indian child per 25 U.S.C. § 1912(f).
OAC 340:75-19-20 is amended to:(1) combine information from OAC 340:75-19-22 to this Section; (2) delete information repositioned in ITS; and (3) update sentence structure and tagline.
OAC 340:75-19-21 is amended to update sentence structure.
OAC 340:75-19-22 is revoked and information repositioned in OAC 340:75-19-20.
OAC 340:75-19-23 is amended to:(1) add statutory cites related to adoptive placement preference per 25 U.S.C. § 1915; and (2) update sentence structure and taglines.
OAC 340:75-19-24 is amended to:(1) add statutory cites and information related to withdrawal of voluntary consent to adoption and the time requirement for invalidation of an adoption of an Indian child per 25 U.S.C. § 1913; and (2) update taglines.
OAC 340:75-19-25 is amended to add statutory cites related to the final decree of adoption per 25 U.S.C. § 1951 and the confidentiality affidavit per 5 U.S.C.§ 552.
OAC 340:75-19-26 is amended to update sentence structure only related to foster care reimbursement for the child in tribal custody.
OAC 340:75-19-26.1 is amended to update the procedure for the tribal Child Welfare worker to access therapeutic foster care for the Indian child.
OAC 340:75-19-28 is amended to update sentence structure only related to difficulty of care payments for the child in tribal custody.
OAC 340:75-19-29 is amended to add a statutory cite requiring notice that evidence gathered during the Indian child's stay in voluntary foster care may be used as a basis for court action per 10A O.S. § 1-7-112.
OAC 340:75-19-30 is amended to update sentence structure related to voluntary foster care for the child in tribal custody younger than 18 years of age.
OAC 340:75-19-31 is amended to update processes and procedures related to independent living services for youth in tribal custody.
OAC 340:75-19-32 is amended to:(1) reposition information in related ITS to this Section of rule; and (2) update sentence structure and formatting related to tribal/state agreements for foster care.
OAC 340:75-19-33 is amended to delete instructive information reposition in related ITS and update sentence structure related to roles of the Child Welfare Services tribal liaison and child welfare specialist.
Reasons. The proposed revisions bring the rules into compliance with state and federal regulations and conform to conditions currently required by the Oklahoma Pinnacle Plan.
Repercussions. The proposed rules enhance procedures and guidelines necessary to improve the child welfare system.If the proposed revisions are not implemented, OKDHS will not be in compliance with federal and state mandates and existing rule will be contrary to the Oklahoma Pinnacle Plan.
Legal authority.
(1) Director of Human Services;
(2) Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162);
(3) Oklahoma Children's Code 10A O.S. § 1-1-101 et. seq. related to existing statutory cites and language expanded in rule;
(4) House Bill (HB) 2251 and 10A O.S. §§ 1-2-102 and 1-1-105 related to the drug-endangered child;
(5) HB 3135 and 10A O.S. §§ 1-6-102 and 1-6-105 related to disclosure of confidential information;
(6) Senate Bill (SB) 1183 and 10 O.S. § 7505-5.3 and 10A O.S. § 1-7-111 related to the use of Department of Public Safety (DPS) Motor Vehicle Report for prospective foster and adoptive parents;
(7) HB 2300 and 10A O.S. § 1-1-105 related to child protective services investigation findings; 10A O.S. § 1-4-806 related to trial reunification background checks, and 10A O.S. § 1-4-809 related to reasonable efforts findings by the court;
(8) HB 3049 and 57 O.S. § 590 related to the parent who is a registered sex offender; and
(9) HB 3134 and non-codified language related to the OKDHS reorganization.
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 abused or neglected children and their families and foster or adoptive parents.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 abused or neglected children and their families and foster or adoptive parents.
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.The revised rules will result in enhanced delivery of services to abused and neglected children, their families, and foster and adoptive parents by enhancing background checks, setting guidelines for placement of certain children with a registered sex offender parent; and updating processes that enhance service delivery and protect 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 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 state and federal mandates.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: Implementation of the proposed rule revisions will bring the rules into compliance with state law that will positively impact the health, safety, permanency, and well-being of abused and neglected children, their families, and foster and adoptive parents by enhancing the safety assessment for out-of-home placements and in-home placements during trial reunification and updating processes that enhance service delivery and protect children and families.
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, rules will not be in compliance with federal and state regulations, placing children at further risk by limiting background checks prior to a child's out-of-home or in-home reunification placement.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared October 24, 2012; revised December 3, 2012.
