COMMENT DUE DATE:
May 18, 2012
May 9, 2012
Caprice Tyner, CFSD (918) 581-2278
Dena Thayer, OIRP Programs Administrator (405) 522-6703
Nancy Kelly, OIRP (405) 522-6703
Non-APA WF 12-E
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
The proposed effective date is June 2, 2012.
CHAPTER 75. CHILD WELFARE
Subchapter 6. Permanency Planning
Part 5. Permanency Planning Services
OAC 340:75-6-31.1 ITS only [AMENDED]
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85.3 ITS only [AMENDED]
(Reference WF 12-E)
OAC 340:75-6-31.1 ITS only are amended to update the requirements, processes, and responsibilities related to family team meetings.
OAC 340:75-6-85.3 ITS only are amended to update the requirements, processes, and responsibilities related to sibling placement.
340:75-6-31.1.Family team meeting (FTM) process ¢ 1 through
The purpose of the family team meeting (FTM) is to plan and make decisions for, and involve and engage families of, children in Oklahoma Department of Human Services custody.The court may require facilitation of a permanency meeting no later than 30 days prior to a permanency hearing when a child has been in out-of-home care for 12 months or longer, per Section 1-4-810 of Title 10A of the Oklahoma Statutes and a FTM is used for this purpose.FTMs may include parents, caregivers, children, relatives, family friends, Child Welfare workers, service providers, members of community groups, and other appropriate community partners.
INSTRUCTIONS TO STAFF 340:75-6-31.1
1.(a) Family team meeting (FTM) purpose and requirements.The
family team meeting (FTM ) is designed to:
(1) assist Child Welfare (CW)
staff in case planning directed at specialists with achieving permanency in the shortest possible time for a the child in Oklahoma Department of Human Services (OKDHS) custody or under OKDHS supervision in the shortest time possible to; and
(2) help ensure the:
(1)(A) child is placed or moved timely into a placement resource: (A)(i) preferably with the child's relatives; (B)(ii) where all siblings, who were removed from the home, are placed together; and (C)(iii) that can, if when necessary, provide a permanent home; and (2)(B) essential elements of the case are communicated when the case is transferred between specialists, counties, and when a child is in an out-of-state Interstate Compact on the Placement of Children (ICPC) placement.
(b) FTM process.The FTM process is initiated for each child in OKDHS custody or under OKDHS supervision who is placed outside of the parent, legal guardian, or
custodian(s)' custodian's home, including out-of-state ICPC placements.The process:
(1) begins after the child is removed from the home;
(2) continues while the child remains outside the
parent(s) parent, legal guardian(s) guardian, or custodian(s)' custodian's home .; and
(3) addresses placement issues and essential case elements, including efforts to place:
(A) the child with relatives; and
(B) siblings together.At each FTM:
(i) a placement review is conducted for each sibling to determine whether each child is placed with relatives and whether all siblings are placed together;
(ii) when siblings are not placed together, a plan is developed or updated to reunite the siblings, when feasible, in placement; and
(iii) when placing siblings together is not feasible, a plan is developed or updated to maintain, when possible, sibling connections.
(c) Sibling placement review.After the first FTM and at each subsequent FTM until Children and Family Services Division (CFSD) permanency planning (PP) staff concur with the sibling placement plan, the CW supervisor emails completed Form 04MP046E, Family Team Meeting Report, to the Sibling Placement Review folder in Outlook to trigger a sibling placement review by CFSD PP when siblings are not placed together.
(1) CFSD PP staff review Form 04MP046E and concur with the plan or determine that further sibling placement review is needed.
(2) When CFSD PP staff concurs with the sibling placement plan, CFSD PP staff notifies the assigned CW specialist and supervisor and document the decision in KIDS using picklist option "Sib Plc Rev – CFSD – Resolved."
(3) When further review is needed, CFSD PP staff document the need in KIDS using picklist option "Sib Plc Rev – CFSD – Further Rev Needed."
(4) CFSD PP staff contact the CW specialist and supervisor to request additional information or to further discuss the case.The CW specialist provides the additional information to CFSD PP staff within 10 business days.
(5) When CFSD PP staff does not concur with the sibling placement plan, another FTM is scheduled to discuss sibling placement and CFSD PP staff attend the meeting.
(c)(d) Required FTMs. Family team meetings are A FTM is held:
(1) following the assessment of child safety
to identify family when an in-home or out-of-home safety plan is necessary.The purpose of the FTM in this situation is to engage families in identifying supports that can be used to keep the child safely in the child's home, or when removal of the child is necessary, as part of the placement process to identify kin who can provide temporary care for the child resources that can assist in keeping the child safely in the home, or assist in the identification of possible kinship caregivers for the child when necessary;
(2) within 30 days after
a the court determination that determines reasonable efforts are not required; and
(3) as part of the ongoing assessment process and Individualized Service Plan (ISP) development
(A) identify barriers to the child's permanent placement; and
(B) propose and implement solutions to the barriers;
(4) when efforts are needed to maintain the stability of the child's current placement;
(5) when a decision is made to actively implement concurrent planning or an alternate permanency plan to ensure the family understands the poor prognosis indicators for reunification and the need to identify an alternate permanent caregiver.Form 04MP040E, Concurrent Planning Determination Tool, is utilized for this FTM;
when an alternate permanency plan is indicated; and (7) prior to reunification when a decision has been is made to reunify a family. the child and person responsible for the child (PRFC) to identify the supports the PRFC needs from the extended family to enhance child safety; or (8)(7) a minimum of once every six months.
2.FTM responsibility.The county with court jurisdiction is responsible for coordinating and conducting the FTM.The Child Welfare (CW) county of jurisdiction specialist:
(1) contacts the appropriate persons to participate as members of the FTM for each case;
(2) obtains input from each county involved when services are provided to the child and family by more than one county
, obtains input from each county involved;
(3) informs any FTM member, who is unable to attend the
FTM meeting, that any written or verbal input information from the FTM member provided to the CW specialist at least 24 hours prior to the FTM is presented at the FTM meeting; and
(4) documents the results of each FTM in KIDS Contacts screen no later than 30 days after completion of each FTM.The detailed summary of FTM results included in the KIDS Contacts screen, at a minimum, includes:
a listing of all attendees;
(B) discussions regarding
any each identified barriers barrier to permanency; and
(C) action steps identified,
during the meeting and the name of the person responsible for completing the action with an identified time for step, and the completion time requirement for each action step .; and
(5) reporting FTM results to the court.The CW specialist attaches Form 04MP046E, Family Team Meeting Report, or includes a summary of the FTM on Form 04KI009E, Court Report, or Form 04KI014E, Individualized Service Plan (ISP) Progress Report, for the next court hearing following the FTM.
FTM for assessment of child safety.The assessment of child safety FTM occurs when an in-home or out-of-home safety plan is required and engages families to identify supports or resources that assist in keeping a child safely in the home or assist in the identification of possible kin caregivers for the child when necessary.The CW specialist: (1) utilizes Form 04MP045E, Family Team Meeting Confidentiality Statement, to document that all FTM members understand the confidential nature of the information being shared, and Form 04MP046E, Family Team Meeting Guide and Summary, to document that all FTM members understand the confidential nature of the information being shared and to document the results of the FTM; and (2) places scanned Forms 04MP045E and 04MP046E in KIDS file cabinet, files original Form 04MP046E in the case and sends a copy to the CW field liaison (CWFL), child's attorney, and, when applicable, any other county with case assignment. 4.FTM for ongoing assessment, case progress, or individualized service plan (ISP) development process. The ISP development, ongoing assessment, or case progress FTM is conducted when the child is in OKDHS custody and out-of-home care six months.The CW specialist begins counting the six months from the earlier of the child's date of adjudication or 60 days after the child's date of removal from the home.
A FTM includes participants include, but is are not limited to the:
(ii) legal guardian, if any;
(iii) extended family and kinship relations as requested by the family;
(v) court-appointed special advocate (CASA) or guardian ad litem, when applicable;
(vi) tribal representative, when applicable;
(vii) attorney; and
(viii) assigned CW specialist and supervisor;
(C) service providers;
(D) Developmental Disabilities Services Division (DDSD) staff, when applicable;
(E) SoonerStart staff, when applicable;
(F) post adjudication review board (PARB) member; and
(G) district attorney.
(2) Prior to case discussion, the FTM facilitator:
(A) explains the confidential nature of the meeting;
(B) requests all team members sign the confidentiality section of Form
04MP045E acknowledging confidentiality 04MP046E, Family Team Meeting Report; and
utilizes uses Form 04MP046E , Family Team Meeting Guide and Summary, as a reference source for discussion by the team. The purpose of the FTM is to: (i) identify barriers to permanent placement; and (ii) propose and implement solutions to the barriers. 5.FTM for concurrent planning and alternate permanency plan.When a decision is made to pursue concurrent planning or an alternate permanency plan, a FTM is facilitated to ensure the family understands the poor prognosis indicators for reunification and the need to identify an alternate permanent caregiver.Forms 04MP040E, Concurrent Planning Determination Tool, and 04MP046E are utilized for this FTM. 6.FTM for reunification.A FTM is facilitated when a decision has been made to reunify a family to identify the supports the family needs from the extended family to keep the child safe. 74.FTM and, permanency meeting, and permanency report.When a FTM is held as a permanency meeting to discuss recommendations regarding the child's permanency plan, information gathered during the meeting is included in Form 04KI009E, Court Report, or Form 04KI014E, Individualized Service Plan (ISP) Progress Report.Refer to OAC 340:75-1-18.1.The progress report includes, but is not limited to:
(1) efforts and progress
demonstrated by the child's parent to:
(A) comply with the
individualized service plan ISP requirements;
(B) change behaviors or conditions; and
(C) develop protective capacities;
(2) the status of the child, including the child's behavioral, physical, and emotional health; and
(3) a recommendation regarding the child's placement, whether it should be extended, and the reasons for the recommendation.
85.FTM during trial reunification.A FTM is not required for the child placed in trial reunification unless the court orders an extension of trial reunification beyond six months.During the trial reunification FTM, the team:
(1) identifies issues and concerns that have necessitated an extension of trial reunification;
(2) proposes a plan to address the issues including, but not limited to:
(A) recommendations for services;
(B) initiation or modification of safety plans; and
(C) other strategies to meet identified family needs as applicable and appropriate.
96.FTM and adoption criteria staffing.When the paid or non-paid kin relative or kinship placement resource or child's foster parent(s) of the child parent requests adoption of the child, a local adoptive placement criteria staffing is required.
(1) The criteria staffing may occur concurrently with the FTM when the FTM is
scheduled to be held within 30 days of the kin relative, kinship, or foster parent's request. The attendance of the The adoption specialist specialist's attendance at the FTM is mandatory.
(2) Forms 04MP046E, Family Team Meeting Report, and 04AN020E, Adoptive Placement Criteria Staffing, are completed by the CW county of jurisdiction specialist.Upon completion of the FTM, the CW specialist
ensures provides a copy of Form 04AN020E is provided to the adoption specialist in attendance for processing. 10. FTM and reviews conducted every six months.Subsequent reviews are completed every six months until the child exits out-of-home care utilizing FTM Forms 04MP045E and 04MP046E.When Form 04AN022E, Child Profile Assessment for Adoption, has been completed for the child, this form may substitute for Form 04MP046E. 11.Reporting FTM results to the court.The CW specialist attaches Form 04MP046E, or includes a summary of the FTM on Form 04KI009E, Court Report, or Form 04KI014E, Individualized Service Plan (ISP) Progress Report, for the next court hearing following the FTM.
340:75-6-85.3. Sibling placement ¢ 1 through
(a) When two or more children in foster care are siblings, every reasonable attempt is made to place siblings in the same home.In making a permanent placement, siblings are placed in the same permanent home, or if the siblings are separated, are allowed contact or visitation with other siblings, provided, the best interest of each child is the standard for determining whether siblings are placed in the same foster placement or permanent placement, or allowed contact or visitation with other siblings per Section 1-7-107 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-7-107).
(b) Per 10A O.S. § 1-7-106, a placement is made that meets the treatment needs of the child and supports the permanency plans for the child and family; however, when a child is determined to be an Indian child, as defined by the federal and state Indian Child Welfare Acts, the placement preferences specified by Section 1915 of Title 25 of the United State Code and Section 40.2 of Title 10 of the Oklahoma Statutes apply.
INSTRUCTIONS TO STAFF 340:75-6-85.3
1.(a) Judicial findings related to sibling placement.The Oklahoma Children's Code requires the court at various hearings to determine whether Oklahoma Department of Human Services (OKDHS) has made reasonable efforts to:
(1) place siblings, who have been removed, together in the same foster home, guardianship, or adoptive placement; and
(2) provide for frequent visitation or other ongoing interaction between siblings who have been removed and who are not placed together.
(b) Reasonable efforts to place siblings together.Examples of reasonable and ongoing efforts to place siblings together include, but are not limited to:
(1) conducting family team meetings that address sibling placements and explore potential relatives who may be appropriate and capable of providing placement for the sibling group;
(2) diligent search for relatives and important people in the child's life who are appropriate and capable of providing placement and connections for the sibling group
; [per OAC 340:75-6-85.2 ];
(3) informing and conducting ongoing discussions with the foster care specialist or county of placement specialist regarding
placing the need to place siblings together; and
(4) requesting that the placement providers for
the siblings notify the Child Welfare (CW) specialist or foster care specialist when there is an opening for a sibling occurs in the placement provider's home for a sibling(s); and
(5) issuing Form 04CP006E, Letter of Notification to Adult Relatives, to known relatives to seek a placement resource or relative connections for the siblings.
(c) Review of sibling placements Sibling placement reviews by Children and Family Services Division (CFSD).CFSD permanency planning (PP) staff review reviews reports and queries monthly from sources such as the YI684 Report YI104, Child Information Report, and KIDS Contacts screens, to review determine whether siblings are placed together in the same placement.
(1) When siblings are not placed together, CFSD PP staff contacts the assigned CW specialist or supervisor to discuss the barriers to placing siblings together.Examples of barriers may include, but are not limited to:
(A) a sibling placed with his or her father or other family member who is unrelated to the other siblings;
placement of a sibling placed in a higher level of care to address that sibling's individual treatment needs; or
it is not safe to place the siblings together due to behavioral health or similar issues of one or more of the siblings.
(2) CFSD PP staff offers the CW specialist and supervisor assistance and guidance regarding placing siblings together when sibling placement is appropriate.
Examples of assistance Assistance and guidance by CFSD staff includes, but is not limited to:
(A) review and assessment of case information, related to sibling relationships, provided from all parties including behavioral health professionals and placement providers;
(B) additional diligent search when needed for relatives and important people in the child's life who are appropriate and capable of providing placement and connections for the sibling group;
(C) participation in family team meetings to develop a plan to reunite the siblings in placement, or when factors prevent placement together, a plan to keep the siblings connected; and
(D) training for
units, counties, and areas, staff as requested or identified.
(d) Sibling placement review at family team meetings.At each family team meeting FTM, per OAC 340:75-6-31.1, a review is conducted of the each sibling's placement of each sibling to determine whether each child is placed with relatives and whether siblings are placed together. During each family team meeting: (1) when siblings are not placed together, a plan is developed or updated to reunite the siblings in placement when feasible; (2) when placement of siblings together is not feasible, a plan is developed or updated to maintain sibling connections when possible; and (3) Form 04MP046E, Family Team Meeting Guide and Summary, is used to guide the meeting and document the plan for sibling reunification or maintenance of sibling connections.
4.Sibling placement review at Permanency Roundtable (PRT) meetings.At each PRT involving siblings who do not reside in the same placement, the PRT substitutes for the CFSD sibling placement review.
(1) When the PRT team determines placing siblings together is appropriate:
(A) action steps are developed as part of the permanency action plan to accomplish the goal of placing siblings together;
(B) the PRT is documented in KIDS Contacts screen; and
(C) the permanency action plan is stored in the KIDS File Cabinet.
(2) When the PRT team determines placing siblings together is not feasible:
(A) action steps are developed as part of the permanency action plan to document the completed sibling placement review;
(B) the CFSD permanency planning member of the PRT core team sends an email to the Sibling Placement Review folder in Outlook with notification of the sibling placement plan to trigger completion of the CFSD required documentation; and
(C) the permanency action plan is stored in the KIDS File Cabinet.
(e) Sibling separation.Sibling separation may be in the child's best interests when:
(1) a sibling physically or emotionally endangers the health and well-being of another sibling and efforts to address the behaviors with counseling or therapy have failed;
(2) adoption is the permanency plan, and the:
(A) CW specialist and
an adoption specialist have thoroughly explained adoption and answered any questions the sibling may have about adoption; and
the sibling is of the age to consent to adoption and does not wish to be adopted;
(3) siblings are placed with different relatives and a plan is in place for continued sibling contact;
(4) a licensed mental health professional has determined, and provided a signed letter or report; that movement of the sibling from the current caregiver would be detrimental to the sibling's emotional health, development, and well-being; and
(5) efforts to place the siblings together have been exhausted and documented in the Relative/Kinship Connections screen, on Form 04KI009E, Court Report, or 04KI014E, Individualized Service Plan (ISP) Progress Report, and in the KIDS Contacts screen.
(f) Permanency plan of adoption and sibling separation placement.When the permanency plan is adoption, the CW specialist, prior to initiating a sibling separation placement review request, assesses:
(1) the length of time the siblings have been separated;
(2) the efforts made to place the siblings together;
(3) the factor(s) that led to the disruption of the placement, if the siblings were previously placed together in out-of-home placement;
(4) the day-to-day behavior of the children at home, in school, and at other public gatherings;
(5) the type and frequency of contact between the siblings;
(6) whether the children have been in counseling together or separately;
(7) the recommendations of any
counselor(s) counselor or therapist(s) therapist involved with the children; and
(8) whether the children desire
to be placed placement together.
g) Inappropriate reasons for sibling separation.Examples of inappropriate reasons for the separation of siblings sibling separation include:
(1) the children have been separated in out-of-home placement and no efforts have been made to place them together;
(2) an infant is not placed with older siblings and is determined to not have a relationship with these siblings; and
(3) siblings have been in separate placements and no efforts have been made to facilitate contact; therefore, the children do not know one another.
28.Child welfare specialist responsibilities during sibling separation.During sibling separation, the CW specialist facilitates contact between the siblings through frequent visits, phone calls, letters, and other ongoing interaction and enlists the current providers in the facilitation and maintenance of the contacts.
(1) The CW specialist inquires, during each required monthly visit with the placement provider, regarding the type and amount of
any additional sibling contact facilitated by the provider during the previous month.
additional sibling contact information facilitated by the placement provider is documented in the KIDS in the Contact screen.
(3) When no sibling contact has
been held occurred in the previous month, the CW specialist facilitates a sibling visit, phone call, letter, or other interaction within two weeks. 39.(a) Information provided to placement providers regarding sibling placement.When siblings are placed separately and there are no documented reasons for separation the plan is to reunite the siblings in the same placement, the CW specialist informs the current providers each sibling's placement provider during the required monthly visit that:
(1) ongoing efforts are being made to place the siblings together;
(2) the move will be implemented at the first available opportunity;
it is possible the provider's home may will not be considered as a permanent placement, unless sibling reunification can be achieved and all sibling's needs can be appropriately met in the provider's home; and
(4) the plan to place siblings together does not negate the foster
parents' parent's right to object to the movement or the five-day notice and ability to object to the child's move, when applicable.
(b) The CW specialist documents ongoing efforts to place siblings together in KIDS
in the Family/Kinship Connections screen, contacts KIDS Contacts screen, and on Form 04KI009E, Court Report, or 04KI014E, Individualized Service Plan (ISP) Progress Report. (c) The court determines whether reasonable efforts have been made to place siblings, who have been removed, together or whether frequent visitation and other ongoing contact is occurring for the siblings not placed together. 4.Examples of ongoing efforts are: (1) exploration of relatives who are appropriate and capable of providing placement for the sibling group during family team meetings or through other means; [OAC 340:75-6-85.2] (2) informing the county or area foster care specialist or county of placement specialist of the need for a placement for the sibling group; and (3) requesting the providers for siblings notify the CW specialist or foster care specialist when an opening occurs that is available for the other sibling(s).