COMMENT DUE DATE:
July 9, 2012
June 26, 2012
Caprice Tyner, CFSD (918) 581-2278
Dena Thayer, OIRP Programs Administrator (405) 521-4326
Nancy Kelly, OIRP (405) 522-6703
Non-APA WF 12-I
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
The proposed effective date is July 13, 2012.
CHAPTER 75. CHILD WELFARE
SUBCHAPTER 7. FOSTER HOME CARE
PART 6. FOSTER HOME CARE SUPPORT SERVICES
340:75-7-65. Foster care child care and supportive services - Instructions to Staff (ITS) only [AMENDED]
OAC 340:75-7-65 ITS only are amended to: (1) set out process for approval of the Bridge resource alternative caregiver and yearly re-evaluations; (2) update the foster parent liability insurance provider information; and (3) update sentence structure and OKDHS employee titles.
CHAPTER 75. CHILD WELFARE
SUBCHAPTER 7. FOSTER HOME CARE
PART 6. FOSTER HOME CARE SUPPORT SERVICES
340:75-7-65. Foster care child care and supportive services¢ 1 through 11
(a) Child care subsidy benefits for children in Oklahoma Department of Human Services (OKDHS) and tribal custody.¢ 1 through 3Child care subsidy benefits, paid by OKDHS Child Welfare (CW), for a child in OKDHS or tribal custody are available when:
(1) the resource is a:
(A) paid or non-paid Bridge resource family authorized for child care subsidy benefits by the child's CW specialist;
(B) tribal resource family providing care for a child in tribal custody in a paid placement, when authorized by the tribal liaison;
(C) contract resource parent, when authorized by the county of service;
(D) shelter host home, when authorized by the county of service; or
(E) contracted emergency resource care home approved on a case-by-case basis by Children and Family Services Division (CFSD) Foster Care Section;
(2) the need for child care is met.The need is met when:
(A) the single Bridge resource parent is employed 20 hours a week or more;
(B) in a two parent Bridge resource home:
(i) both Bridge resource parents are employed 20 hours a week or more and have the same working hours; or
(ii) one Bridge resource parent works and the other resource parent has a significant disability that precludes providing care for the child;
(C) the Bridge resource parent works night hours, a feasible alternative is used at no cost to OKDHS during the night working hours and the Bridge resource parent needs child care to sleep during the day.Night working hours are defined as the hours between 11:00 p.m. and 7:00 a.m.;
(i) The maximum amount of time the specialist approves child care allows the Bridge resource parent eight hours of sleep plus travel time to and from the child care provider.
(ii) In a two parent Bridge resource home, care is only approved for this reason when both Bridge resource parents work nights or when one Bridge resource parent works nights and the other Bridge resource parent works during the day while the other Bridge resource parent is sleeping.
(3) child care is provided:
(A) in a licensed and contracted child care center with a one star plus or higher star status, unless there are no centers with a one star plus or higher star status in the community or special exception criteria are met.Special exception criteria are:
(i) the child was already approved for care at this one star center prior to January 1, 2003, or prior to the provider's star status being reduced to one star.The child can remain at this facility, unless the child stops attending there for more than 30 calendar days.The child may be approved at this same facility again if the only reason the child did not attend for more than 30 calendar days was because of a school break or due to circumstances beyond the control of the resource home such as the child's illness;
(ii) care is requested for a child living in the same home as a child already approved for care as described in (3)(A)(i) of this subsection for the same one star child care provider; or
(iii) the Bridge resource parent demonstrates there is no other child care option that meets the family's needs;
(B) in a licensed and contracted child care home regardless of star level; or
(C) by an approved in-home provider who cares for the child at the resource parent's home, per OAC 340:40-13-2.
(b) Child care subsidy benefits available through Family Support Services Division (FSSD).Child care may be available through local OKDHS FSSD staff for child care, per OAC 340:40to:
(1) Bridge resource parents who have finalized an adoption of a foster child;
(2) a child in tribal custody placed by the tribe in a home that has no resource case in KIDS; and
(3) children in the custody of another state placed in a kinship home in Oklahoma through the Interstate Compact on the Placement of Children (ICPC).
(c) Foster care child care subsidy benefits not paid by OKDHS.Foster care child care is not paid by OKDHS when the:
(1) child is placed in therapeutic foster care;
(2) Bridge resource parent has an ownership interest in the chosen child care center;
(3) foster child attends a family child care home where the child lives, unless:
(A) the child care home provided child care to the child immediately prior to the foster care placement; and
(B) it is in the best interests of the child to remain in the kinship provider's child care home;
(4) Bridge resource parent works in the child care home during the same hours the child attends;
(5) Bridge resource parent attends school or participates in training;¢ 4
(6) Bridge resource parent chooses more than one child care provider to provide service to a child on the same day;
(7) Bridge resource parent's hours of employment interfere with the provision of suitable family life;
(8) Bridge resource parent makes informal arrangements for child care;
(9) provider is receiving state or federal funds such as Head Start, Early Head Start, or public schools and is not charging all parents for the hours subsidy payment is requested; or
(10) provider caring for a school age child during the regular school day when such student could be attending a public or private school during those hours.
(d) Child care subsidy benefits for a child with disabilities.A child with disabilities is potentially eligible for the higher special needs rate for child care.Every child with disabilities requires a separate and specific certification of the child care provider.
(1) A child with disabilities is defined as a child:
(A) receiving Supplemental Security Income (SSI).This includes those whose SSI payment stops because of financial reasons, but who still meet the medical definition of disability as determined by the Social Security Administration;
(B) receiving SoonerStart early intervention services; or
(C) receiving special education services provided in accordance with an Individualized Education Plan (IEP) by the local school district.
(2) When a child with disabilities is 13 years of age or older, the Bridge resource parent must provide a statement from a licensed health care professional verifying the child is physically or mentally incapable of self-care as age appropriate before care is approved and annually at review.If the licensed health care professional states that the child is capable of self-care as age appropriate, subsidized child care benefits are not approved.
(e) Bridge resource parent's responsibility for electronic benefit transfer (EBT).Refer to OAC 340:40-10 for information regarding the EBT system that includes the manual claim process.Bridge resource parent responsibilities for EBT include:
(1) watching the EBT training video;
(2) signing Form 04MP042E, Application for Child Welfare Child Care Benefits;
(3) swiping the EBT card every day the child attends child care;
(4) not swiping the EBT card for any day the child does not attend child care;
(5) checking the message on the point of service (POS) machine for correct times of attendance and approval;
(6) not giving the EBT card or personal identification number (PIN) to anyone, including the child care provider; and
(7) paying for care that OKDHS does not pay because:
(A) the EBT card was not swiped for the correct days and times the child attended child care;
(B) swipes were denied and not corrected within ten days; or
(C) the provider loses the weekly rate payment for absent days because the correct attendance for every day the child attended that month was not swiped.
(f) Therapeutic child care services.¢ 6Therapeutic child care services are paid by OKDHS when recommended by a mental health professional and supporting documentation is provided.Prior authorization from CFSD Administrative Services Unit (ASU) is required.ASU makes the determination of the availability of funds.
(g) Overpayment of child care.OKDHS seeks repayment for any child care paid in error to a licensed child care center, home, or professional in the foster parent's own home.The foster parent is responsible for reimbursing these costs to the child care provider when overpayment occurs due to the foster parent's ineligibility for child care paid through OKDHS.
(h) Informal arrangements or babysitting.Bridge resource parents may make informal care arrangements with friends, neighbors, or relatives for the occasional care of a child for less than 12 hours at a time on an irregular basis, including before and after school hours.
(1) The Bridge resource parent ensures informal care providers possess the maturity and skills to address the needs of the child in foster care.
(2) Prior authorization by the resource specialist may apply to multiple events using the same informal provider.
(3) A person younger than 18 years of age living outside of the home may not be an informal provider.
(4) An informal provider living in the home must be at least 16 years of age.The CW worker and the Bridge resource parent discuss the situation in-depth before a person, particularly a teen, babysits a child in OKDHS custody.The discussion assists in assessing the appropriateness of the person assuming responsibility for the child and ensures the child's needs and well-being are considered.
(5) Informal providers must be notified how to reach the Bridge resource parent and other emergency contacts.
(6) The Bridge resource parent may allow the child in OKDHS custody overnight stays with friends of the child when the Bridge Resource Parent:
(A) knows the family;
(B) reasonably believes the family and all people in the household are safe for the child to have a relationship with;
(C) exchanges contact information, including name, address, and phone number; and
(D) uses the same discretion as to the safety and well-being of the child as the foster parent would with his or her own child.
(i) Alternate care.¢ 8The Bridge resource family is required to identify an alternate caregiver who can care for the child in case of family emergencies, family vacations, or when the family needs a break.The alternate caregiver may be used for periods of time over 12 hours at a time on an irregular basis.The Bridge resource family is responsible for identifying an alternate caregiver and reimbursing the alternate caregiver.When funding is available, respite vouchers may be used.The alternate caregiver must be at least 21 years of age.The alternate caregiver and each adult household member must be willing to:
(1) submit to a background assessment by Oklahoma State Bureau of Investigation (OSBI), per OAC 340:75-7-15;
(2) submit to a records search for past history, per OAC 340:75-7-15;
(3) submit to a search of Juvenile Justice Information System (JOLTS) records for any child 13 years of age or older living in the house, per OAC 340:75-7-15;
(4) engage in an evaluation of the home to assess the location, condition, and capacity to accommodate the child in foster care;
(5) provide one reference on Form 04AF026E, Alternate Caregiver Reference Letter;
(6) comply with discipline policy, per OAC 340:75-7-38 and confidentiality policy, per OAC 340:75-1-42; and
(7) participate in a yearly re-assessment.
(j) Insurance for Bridge resource homes.¢ 9Liability insurance is provided for Bridge resource families for damages incurred by children in OKDHS custody pursuant to the terms of the policy.Questions related to Bridge resource parent liability insurance are referred to the designated insurance company.Bridge resource parents are responsible for the deductible.
(k) Foster care associations.¢ 10OKDHS cooperates with and promotes the development of foster care associations for Bridge resource parents in each county.OKDHS provides names and addresses of Bridge resource families, who have provided written authorization for the release of this information, to persons who are developing a local foster care association.
(l) Foster parent helpline.The foster parent helpline, 1-800-376-9729, is maintained by CFSD Resource Unit and assists with problem resolution, policy clarification, and grievance information.
(m) Foster parents' rights.Foster parents' rights are found in Section 1-9-119 of Title 10A of the Oklahoma Statutes.
(n) Shared information.Information shared among CW staff, foster parents, and parents includes, but is not limited to:
(1) the child's legal status;
(2) upcoming court hearings;
(3) the reason for foster care placement;
(4) the child's and parent(s)' prior and present living experiences; and
(5) the child's medical, psychological and behavioral information, current photographs, and educational records.
(o) Foster care grievance procedures.Bridge resource parents and children in foster care have access to OKDHS grievance procedures through the Office of Client Advocacy, per OAC 340:2-3.
(p)Foster care mediation program.Bridge resource parents have access to the foster care mediation program through the Oklahoma Commission on Children and Youth (OCCY), per OAC 340:75-7-291.
(q)Information relevant to fostering.Pre-service and in-service training is provided to enhance the Bridge resource family's skills, ability to foster, and interests.An informative quarterly newsletter is sent to OKDHS foster families.
(r) Travel reimbursement.¢ 11Bridge resource parents may be reimbursed for three trips per child per month for mileage incurred when providing transportation to a child in OKDHS custody placed in the Bridge resource home.Reimbursement may occur when the:
(1) CW worker is required to provide transportation for the child if not provided by the Bridge resource parent, including:
(A) visits with parent(s);
(B) visits with a sibling;
(C) court hearings; or
(D) medical, behavioralhealth, dental, or vision appointments;
(2) round trip for the single event is in excess of 25 miles; or
(3) trip is documented on Form 10AD006E, Travel Claim, provided by a CW worker, and processed through the OKDHS office in the county of service each month.
INSTRUCTIONS TO STAFF 340:75-7-65
1.(a) Addressing Bridge resource
parents' parent's needs.Child Welfare (CW) staff arranges arrange services that address the needs of Bridge resource parents as well as children in foster care parent and foster child's needs. Bridge resource parent needs are assessed as a component of treatment planning for each child in foster care and appropriate services are recorded on Form 04KI005E, Child's Individualized Service Plan (ISP).Service delivery and effect are monitored monthly to ensure the intended effects.Form 04KI005E is modified as necessary to address the foster parent's evolving needs of foster parents.
(b) Timely response to questions or needs.Oklahoma Department of Human Services (OKDHS)
staff commits to responding to the Bridge resource families' parent's questions and inquiries within one working business day.The resource specialist is the key person to provide necessary information to the Bridge resource family parent.
2.Bridge resource parent with a significant disability.Medical documentation from the primary physician regarding the Bridge resource parent's disability is required and documented in the child's KIDS case and resource record.The CW
worker specialist and supervisor evaluate the need for child care every six months and document the need in the child's KIDS case and resource record.
3.Approval process for child care.When the Bridge resource parent contacts the resource specialist to request child care:
(1) the resource specialist notifies the
child's CW worker specialist of the need for child care need and provides information about local resources; and
child's CW worker specialist:
(A) assesses the child to determine whether the child's needs can be met in a child care setting;
(B) refers to the Child Care and Child Care EBTU How To's in KIDS/Help/How To's;
(C) enters the request for child care in KIDS Child Care screens within 48 hours of the request
, with no exceptions allowed;
(D) completes Form 04MP042E, Application for Child Welfare Child Care Benefits, reviews with the Bridge resource family, and secures the Bridge resource parent's signature on the form; and
(E) files the signed form in the resource record.
4.School or training is ineligible purpose for OKDHS paid child care services.
Foster parents A foster parent who are is ineligible for foster care child care because they attend due to school attendance or participate or participation in training are is not referred to Family Support Services to apply for child care benefits.
5.Exceptions for use of a one star center.
(1) Exceptions for use of a one star center may be granted on a case-by-case basis by the CW supervisor.Prior to granting an exception, the procedures in this paragraph are completed.
child's CW worker specialist:
(i) provides the Bridge resource parent a list of all contracted one plus or higher star centers and all contracted child care homes that meet the Bridge resource parent's search criteria.
(I) The resource parent is not required to use a one plus or higher star child care home before considering a one star center.
(II) When there are no one star plus or higher star centers in the community, the list provided to the resource parent includes one star centers.
(III) An exception is not required when a one star center is the only available center in the community;
(ii) uses Child Care Locator, available on the Infonet under OKDHS Tools, to generate this list; and
(iii) instructs the Bridge resource parent to contact all providers on the Child Care Locator list to
see determine if care is available during the hours needed.
(B) The Bridge resource parent notes on the list why care is not available at any of
these the listed locations or why they the locationsdid not meet the Bridge resource parent's needs.
(C) The CW supervisor:
(i) reviews the Bridge resource parent's notes when the Bridge resource parent does not find a provider from those on the list
, to determine whether to grant an exception; and
(ii) documents in KIDS Child Care screen whether or not an exception was granted and the reasons.
(4)(2) Exceptions may be granted when none of the providers on the Bridge resource parent's list:
(A) has an opening during the
times hours child care is needed.For example, the Bridge resource parent works during the evening or overnight and no one else provides care during those hours;
(B) is willing to meet the child's special needs
of the child.For example, the provider is unable to meet the needs of a the child with disabilities or provide transportation to and from the child's school; or
(C) is within a reasonable distance from the Bridge resource parent's home.
(5)(3) When the CW supervisor agrees an exception is warranted per Instructions to Staff #4 (4) of this Section, the child's CW worker gives specialist provides the Bridge resource parent a list of one star center providers.When the Bridge resource parent finds a one star center that meets the Bridge resource family's needs, payment may be approved for child care at that facility.
6.Therapeutic child care.
child's CW worker requests approval for therapeutic child care on a case-by-case basis when:
(A) a letter from a behavioral health professional provider documents the:
(i) goal for the child;
(ii) therapy needed to reach the goal; and
(iii) expected time
frame requirement for this treatment; and
child's CW worker specialist staffs the case with the CW supervisor and resource specialist , and all agree therapeutic child care is required.
child's CW worker provides a memo to Children and Family Services Division Child Welfare Division Administrative Services Unit (ASU) , along with the letter from the behavioral health professional professional's letter.The memo includes the:
(A) child's name
of the child requiring the service and case name;
name of the therapeutic child care facility name;
(C) number of hours
to be used needed per day;
(D) number of days
to be used needed per week;
(E) name of the behavioral health professional recommending therapeutic child care;
name of the Bridge resource parent parent's name; and
(G) reason for therapeutic child care.
Upon determination, ASU sends a memo notifying the child's CW worker specialist of the approval, determination with specific instructions regarding payment of services, when approved.
child's CW worker documents all the circumstances and actions in KIDS Contacts screen.No service line is entered in KIDS Child Care screen.
7.Repayment of child care services.OKDHS seeks repayment for any child care paid in error.The
child's CW worker specialist writes a memo to Finance Division that includes:
(1) the child's case name and number;
(2) the child's name and date of birth
of the child who received child care;
(3) a short summary of the circumstances that led to the potential overpayment, including the original and new family share co-payment amounts,
if when applicable;
(4) the time period covered by the overpayment; and
(5) whether the overpayment was caused by agency, client, or provider error, per OAC 340:40-15-1 and 340:75-1-27.
8.Alternate care.The resource specialist:
(1) obtains the name of the alternate
provider caregiver at the time of the initial assessment to facilitate future placement if when a need is identified.
(A) The resource specialist makes personal contact with the alternate
provider caregiver to determine the person's ability and willingness to provide temporary short-term care and determines if the alternate provider caregiver may experience the same family emergencies as the Bridge resource family.
person person(s) recommended to provide temporary care, such as a relative or close friend, must be at least 21 years of age;
(2) completes the Oklahoma State Bureau of Investigation name search, Department of Public Safety check, Sex Offender Registry check, OKDHS records review, including CW records, and Juvenile Justice Information System
of all children older than(JOLTS) for each child 13 years of age or older in the prospective alternative caregiver's home.The results are documented on Form 04AF007E, Records Check Documentation Form, and filed in the resource record;
(3) obtains a copy of the prospective alternate
provider's caregiver's driver license and the required automobile liability insurance verification;
(4) completes Form 04AF004E, House Assessment, and obtains sufficient information, including a recommendation from one reference for the
provider alternative caregiver on Form 04AF026E, Alternate Caregiver Reference Letter;
(5) makes a decision to approve or disapprove the prospective alternate
provider caregiver after assessing the information obtained and consultation with the CW resource supervisor; and
(6) informs the Bridge resource parent of the decision and records all related information in KIDS Resource
Contacts Alternate Caregiver screen and the resource paper record .; and
(7) re-assesses the alternate caregiver yearly, when applicable.The resource specialist:
(A) makes personal contact with the alternate caregiver to determine the person's ability and willingness to provide temporary short-term care for the child in OKDHS custody and determines if the alternate caregiver may experience the same family emergencies as the Bridge resource parent;
(B) reviews OKDHS records, including CW records, and JOLTS for each child 13 years of age or older in the prospective alternative caregiver's home.The results are documented on Form 04AF007E, Records Check Documentation Form, and filed in the resource record;
(C) obtains a copy of the prospective alternate caregiver's driver license, when applicable and the required automobile liability insurance;
(D) completes Form 04AF004E, House Assessment, and obtains sufficient information;
(E) makes a decision to approve or disapprove the alternate caregiver after assessing the information obtained and consultation with the resource supervisor; and
(F) informs the Bridge resource parent of the decision and records related information in KIDS Resource Alternate Caregiver screen and the resource record.
9.Foster Parent Liability Insurance.The resource specialist provides the current information about the liability insurance to the Bridge resource
family parent.To access information about the liability insurance call Aspen Specialty Insurance at (617) 532-7358 James Rivers Insurance Company at 804-289-2700.
10.Foster care associations.The Bridge resource parent's written permission to provide his or her name and information to the county foster care association is filed in the resource paper record and documented in KIDS Resource Contacts screen.
The When the resource parent is eligible for travel reimbursement, the CW worker specialist submits the approved Form 10AD006E, Travel Claim , and Form 10AD061E, Travel Claim Supplement, directly to Finance claims.