Rule Impact Statement

To:Programs administrator

Office of Intergovernmental Relations and Policy

From:Jamie Ledoux, Interim Director

Child Welfare Services

Date:January 16, 2015

Re:CHAPTER 75. CHILD WELFARE SERVICES

Subchapter 1. General Provisions of Child Welfare Services

Part 15. Child Welfare Specialist Training

OAC 340:75-1-231 [AMENDED]

Subchapter 3. Child Protective Services

Part 1. Purpose, Definitions, and Hotline Protocol

OAC 340:75-3-7.3 [REVOKED]

OAC 340:75-3-120 [AMENDED]

OAC 340:75-3-130 [AMENDED]

PART 2. Investigative Protocols

OAC 340:75-3-200 [AMENDED]

Part 3. Child Safety Evaluation Criteria and Procedure

OAC 340:75-3-300 [AMENDED]

Part 4. Specialized Investigative Protocols, Child Death or Near-DeathReporting Protocols

OAC 340:75-3-400 [AMENDED]

OAC 340:75-3-420 [AMENDED]

OAC 340:75-3-440 [AMENDED]

Part 5. Investigative Findings and Appeals

OAC:75-3-500 [AMENDED]

OAC:75-3-530 [AMENDED]

Subchapter 6. Permanency Planning

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 340:75-7-12 [AMENDED]

OAC 340:75-7-14 [AMENDED]

OAC 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 340:75-7-41 [AMENDED]

Part 5. Eligibility and Payments

OAC 340:75-7-52 [AMENDED]

OAC 340:75-7-53 [AMENDED]

Part 27. Contracted Oklahoma Department of Human Services (DHS) Resource Family Partner (RFP) Foster Care Program

OAC 340:75-7-280 [AMENDED]

SUBCHAPTER 8. Therapeutic Foster Care and Developmental Disabilities Services

PART 1. Therapeutic Foster Care

OAC 340:75-8-11.1 [NEW]

Subchapter 13.Other Child Welfare Services and Medical Services for Children in Out-of-Home Care

Part 2. Title IV-E Eligibility and Reimbursability

OAC 340:75-13-21 [AMENDED]

Part 3. Income and Resources of the Child

OAC 340:75-13-26 [AMENDED]

Subchapter 15. Adoptions

Part 2. Legal Base and Scope of the Adoption Program

OAC 340:75-15-6 [AMENDED]

Part 10. Integrated Family Assessment and Preparation Process

OAC 340:75-15-84 [AMENDED]

OAC 340:75-15-87 [AMENDED]

OAC 340:75-15-88 [AMENDED]

OAC 340:75-15-91 [AMENDED]

Part 12. Post Placement Services

OAC 340:75-15-103 [AMENDED]

Part 14. Post Adoption Services

OAC 340:75-15-124 [AMENDED]

OAC 340:75-15-128.1 through 340:75-15-128.5 [AMENDED]

Subchapter 18. Continuous Quality Improvement

OAC 340:75-18-1 through 340:75-18-2 [AMENDED]

(Reference WF 14-05)

Contact:Shirley Russell, Programs Manager, 405-521-2881

A.Brief description of the purpose of the proposed rule:

Purpose.

The proposed revisions to Chapter 75 Subchapter 1:(1) amend the rules to comply with federal and state statutes and regulations as well as the 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 (DHS) reorganization.

The proposed revisions to Chapter 75 Subchapter 3: (1) amend the rules to comply with state and federal statutes and regulations; (2) align policy with program, protocol, and form changes; and (3) update language to reflect DHS reorganization.

The proposed revisions to Chapter 75 Subchapter 6:(1) amend the rules to comply with federal and state statutes and regulations related to the provision of DHS independent living (IL) program and services; and (2) conform with current practice requirements related to the provision of services through IL.

The proposed revisions to Chapter 75 Subchapter 7:(1) amend the rules to comply with federal and state statutes and regulations as well as the Oklahoma Pinnacle Plan requirements related to the provision of child welfare service; and (2) update division, unit, and position titles consistent with DHS reorganization.

The proposed amendment to Chapter 75 Subchapter 8 is new policy to define the use of therapeutic foster care contractors to provide traditional level foster care to children meeting specific criteria defined by this policy through the use of contracted foster care (CFC).

The proposed revisions to Chapter 75 Subchapter 13:(1) amend the rules to comply with federal and state statutes and regulations related to the provision of child welfare service; and (2) update division, unit, and position titles consistent with DHS reorganization.

The proposed revisions to Chapter 75 Subchapter 15:(1) amend the rules to comply with federal and state statutes and regulations as well as the Oklahoma Pinnacle Plan requirements related to the provision of child welfare services; and (2) update division, unit, and position titles consistent with DHS reorganization.

The proposed revisions to Chapter 75 Subchapter 18:(1) amend the rules to comply with federal and state statutes and regulations as well as the Oklahoma Pinnacle Plan requirements related to the provision of child welfare services; and (2) update division, unit, and position titles consistent with DHS reorganization.

Strategic Plan Impact.

The proposed rules of Chapter 75Subchapter 1 achieve DHS goals by providing improved training processes that develop and support staff responsible for strengthening the family and protecting children.

The proposed rules of Chapter 75 Subchapter 3 achieve DHS goals by providing updated protocols to assist child welfare workers in their efforts to keep children safe.

The proposed rules of Chapter 75 Subchapter 6 achieve DHS goals by providing processes related to regulations and guidelines that support the youth in DHS custody by strengthening formal and informal support systems.

The proposed rules to Subchapter 7 of Chapter 75 achieve DHS goals by improving regulations and guidelines designed to support DHS custody children by strengthening formal and informal support systems for Bridge resource families.

The proposed rules of Chapter 75Subchapters 8, 13, 15, and 18 achieve DHS goals by providing processes related to regulations and guidelines that support and strengthen the family and protect its members.

Substantive changes.

Subchapter 1. General Provisions of Child Welfare Services

Oklahoma Administrative Code (OAC) 340:75-1-231 is amended to update the timeframe for CORE training to implement Pinnacle Plan initiatives.

Subchapter 3. Child Protective Services

OAC 340:75-3-7.3 3 is revoked and the text moved to OAC 340:75-3-130.

Part 1. Purpose, Definitions, and Hotline Protocol

OAC 340:75-3-120 is amended to add definitions for commercial sex, human trafficking, human trafficking for commercial sex per 21 O.S. § 748 and HB 1067 (2013), and reasonable parental discipline per 10A O.S. § 1-2-105.

OAC 340:75-3-130 is amended to add clarifying language covering disabled children and new language about Hotline referral recordings per SB 460 (2013).

Part 2. Investigative Protocols

OAC 340:75-3-200 is amended to include statutory authority to access psychological, medical, and nondirectory education records per HB 3469 (2014).

Part 3. Child Safety Evaluation Criteria and Procedure

OAC 340:75-3-300 is amended to align protocols with new Immediate Protective Action Plan and Safety Plan forms per 10A O.S. § 1-4-201.

Part 4. Specialized Investigative Protocols, Child Death or Near-death Reporting Protocols

OAC 340:75-3-400 is amended to include statute regarding human trafficking per HB 1067 (2013).

OAC 340:75-3-420 is amended to clarify language to avoid confusion with child care licensing policy.

OAC 340:75-3-440 is amended to reflect statutory changes per HB 1467 (2013) regarding child abuse multidisciplinary team account (CAMA).

Part 5. Investigative Findings and Appeals

OAC 340:75-3-500 is amended to clarify language regarding findings per 10A O.S. § 1-1-105 and reflect DHS reorganization.

OAC 340:75-3-530 is amended to clarify the appeal process for substantiated findings of child abuse or neglect that is required by 42 USC § 5101 et seq. and to reflect DHS reorganization.

Subchapter 6. Permanency Planning

Part 13. Independent Living

OAC 340:75-6-110 is amended to clarify eligibility criteria for the IL program and services as governed by The Foster Care Independence Act of 1999, Public Law (P.L.) 106-169 as amended by P.L. 110-351, Fostering Connections to Success and Increasing Adoption Act of 2008.

Subchapter 7. Foster Home Care

Part 1. General Provisions

OAC 340:75-7-2 is amended to add new definitions due to the creation of the Resource Family Partner contracts for the recruitment, retention, and support of Bridge resource families as part of the Pinnacle Plan implementation.

Part 2. Development of Resources

OAC 340:75-7-12 is amended to align pre-service training with child placing agency requirements due to the creation of the Resource Family Partner contracts for the recruitment, retention, and support of Bridge resource families as part of the Pinnacle Plan implementation.

OAC 340:75-7-14 is amended to align pre-service training with child placing agency requirements and replace self-study curriculum with Bridge foster care approved curriculum due to the creation of the Resource Family Partner contracts for the recruitment, retention, and support of Bridge resource families as part of the Pinnacle Plan implementation.

OAC 340:75-7-15 is amended to correct administrative code reference regarding criminal history and update names due to DHS reorganization.

OAC 340:75-7-18 is amended to update water and weapon safety policy due to the creation of the Resource Family Partner contracts for the recruitment, retention, and support of Bridge resource families as part of the Pinnacle Plan implementation.

OAC 340:75-7-19 is amended to clarify approval process for joint use of licensed family child care home as a Bridge resource home.

OAC 340:75-7-24 is amended to: (1) identify Indian Child Welfare Act placement preference; (2) address eligibility for kinship stipend if the biological parent is living in the home with the approved placement; and (3) include consent for provisional exception for an applicant living in the home not residing in Oklahoma for five years during the records check.

Part 4. Roles and Responsibilities

OAC 340:75-7-41 is amended to correct administrative code reference and update names due to DHS reorganization.

Part 5. Eligibility and Payments

OAC 340:75-7-52 is amended to delete references to difficulty of care payment.

OAC 340:75-7-53 is amended to clarify decision making process for difficulty of care requests following DHS reorganization.

Part 27. Contracted Oklahoma Department of Human Services (DHS) Resource Family Partner (RFP) Foster Care Program

OAC 340:75-7-280 is amended to reflect resource family partner in contract and supported services due to the creation of the Resource Family Partner (RFP) contracts for the recruitment, retention, and support of Bridge resource families as part of the Pinnacle Plan implementation

Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services

PART 1. Therapeutic Foster Care

OAC 340:75-8-11.1 is created to establish: (1) purpose of contract foster care (CFC) in therapeutic foster care(2) population served; (3) CFC admission procedure; (4) CFC discharge procedure; (5) CFC respite; (6) CFC contractor requirements; (7) CFC foster parent supports; and (8) child safety in CFC placements.

Subchapter 13. Other Child Welfare Services and Medical Services for Children in Out-of-Home Care

Part 2. Title IV-E Eligibility and Reimbursability

OAC 340:75-13-21 is amended to clarify foster home placement for a child in tribal custody is according to the approved state plan.

Part 3. Income and Resources of the Child

OAC 340:75-13-26 is amended to reflect current language regarding child support order requirements including health care coverage per 43 O.S. § 118F.

Subchapter 15. Adoptions

Part 2. Legal Base and Scope of the Adoption Program

OAC 340:75-15-6 is amended to delete contracting for administration of Interstate Compact on the Placement of Children (ICPC).

Part 6. Adoption Process

Part 10. Integrated Family Assessment and Preparation Process

OAC 340:75-15-84 is amended to modify adoption pre-service training requirement to match foster care pre-service training that supports Bridge resource families as part of the Pinnacle Plan implementation.

OAC 340:75-15-87 is amended to modify adoption pre-service training requirement to match foster care pre-service training that supports Bridge resource families as part of the Pinnacle Plan implementation.

OAC 340:75-15-88 is amended to correct formatting error in policy and update names due to DHS reorganization.

OAC 340:75-15-91 is amended to correct policy references and update names due to DHS reorganization.

Part 12. Adoption Placement Services

OAC 340:75-15-103 is amended to correct comprehensive home-based services policy reference and update names due to DHS reorganization.

Part 14. Post Adoption Services

OAC 340:75-15-124 is amended to correct adoption medical and social history report form number.

OAC 340:75-15-128.1 is amended to update eligibility for child care services and post adoption services.

OAC 340:75-15-128.2 is amended to update Title IV-E statutory citation.

OAC 340:75-15-128.3 is amended to update administrative code references and name changes due to DHS reorganization.

OAC 340:75-15-128.4 is amended to add Pacific Islander to list of racial and ethnic factors for consideration in adoption assistance per Title IV-E of the Social Security Act.

OAC 340:75-15-128.5 is amended to add clarifying language regarding adoption assistance and include new form reference.

Subchapter 18. Continuous Quality Improvement

OAC 340:75-18-1 is amended to update the purpose and description of continuous quality improvement per Administration for Children and Families (ACF) Information Memorandum, "Establishing and Maintaining Continuous Quality Improvement (CQI) Systems in State Child Welfare Agencies," ACYF-CB-IM-12-07.

OAC 340:75-18-2 is amended to add a definition for "stakeholder."

Reasons.

Subchapter 1 of Chapter 75: As part of the Pinnacle Plan, child welfare specialist development and training has changed.These amendments allow for better training, more consistent policy application, and improve the safety of children in the custody of DHS.

Subchapter 3 of Chapter 75: The proposed revisions provide clear and concise rules for DHS staff, allow for a more streamlined evaluation of safety and consistent policy application to better ensure the safety of children.

Subchapter 6 of Chapter 75: The proposed revisions provide clear and concise rules for DHS staff, clients, and service providers to ensure youth in DHS custody and out-of-home placement are supported in transitioning to adulthood.This allows for more consistent policy application that pertains to the IL program and services.

Subchapter 7 of Chapter 75: The proposed revisions provide clear and concise rules for DHS staff, clients, and service providers to ensure foster care services are administered uniformly. This allows for more consistent policy application and better ensures the safety of children in the custody of DHS.Due to the reorganization of DHS, division, unit, and position titles are updated.

Subchapter 8 of Chapter 75: OAC 340-75-8-11.1 is added as new policy to provide substantive rules for the use of contracted foster care in therapeutic foster homes.Specific regulations and requirements have not previously been present in policy or contracts.

Subchapter 13 of Chapter 75: The updated policy allows for more consistent application and better ensures the safety of children in the custody of DHS.Due to the reorganization of DHS, division, unit, and position titles are updated.

Subchapter 15 of Chapter 75: The proposed revisions provide clear and concise rules for DHS staff, clients, and service providers to ensure adoption services are administered uniformly.This allows for more consistent policy application and better ensures the safety of children in the custody of DHS.Due to the reorganization of DHS, division, unit, and position titles are updated.

Subchapter 18 of Chapter 75: These amendments reflect federal guidelines, allow for more consistent policy application, and better ensure the safety of children in the custody of DHS.Due to the reorganization of DHS, division, unit, and position titles are updated.

Repercussions.

Subchapter 1 of Chapter 75: The proposed modifications are designed to create uniformity in policy application and to ensure that staff is prepared to provide needed services to children in custody and families.

Subchapter 3 of Chapter 75: The proposed modifications are designed to better ensure the safety of children.

Subchapter 6 of Chapter 75: The proposed modifications are designed to create uniformity in policy application and to ensure that youth who meet the IL eligibility criteria receive needed services.

Subchapter 7 of Chapter 75: The proposed modifications are designed to create uniformity in policy application and ensure that children in foster care are able to receive needed services.

Subchapter 8 of Chapter 75: A continued lack of policy that provides guidance and requirements for contracted foster care could lead to misuse of the program and budget allocated to support these placements or unnecessary moves or separation from siblings and other connections for children in foster care.

Subchapter 13 of Chapter 75: The proposed modifications are designed to create uniformity in policy application and to ensure that children in custody receive needed services.

Subchapter 15 of Chapter 75: The proposed modifications are designed to create uniformity in policy application and to ensure that families and children in need of adoptive placement are able to receive needed services.

Subchapter 18 of Chapter 75: The proposed modifications are designed to create uniformity in policy application and to ensure that children in custody receive needed services.

Legal authority. Director of Human Services; Section 162 of Title 56 of the Oklahoma Statues (O.S. 56 § 162); Oklahoma Children's Code, Article 1 of Title 10A of the Oklahoma Statutes; Section 1-7-103 of Title 10A of the Oklahoma Statutes; Section 1-9-107 of Title 10A of the Oklahoma Statutes; Section 475 of the Social Security Act, Public Laws 106-169 and 110-351; Title 45 of the Code of Federal Regulations (CFR) Parts 98 and 99; Title 45 of the Code of Federal Regulations (CFR) Parts 98 and 99; Titles IV-B and IV-E of the Social Security Act; Section 1-4-811 of Title 10A of the Oklahoma Statutes; Title 45 of the Code of Federal Regulations (CFR) Parts 98 and 99; Administration for Children and Families (ACF) Information Memorandum, "Establishing and Maintaining Continuous Quality Improvement (CQI) Systems in State Child Welfare Agencies," ACYF-CB-IM-12-07.

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:

Subchapter 1 of Chapter 75: The class of persons most likely to be affected by the proposed rules is DHS staff. The affected class of persons will bear no costs associated with implementation of the rules.

Subchapter 3 of Chapter 75: The classes of persons most likely to be affected by the proposed rules are DHS staff and children who are involved with DHS through an assessment or investigation. The affected classes of persons will bear no costs associated with implementation of the rules.

Subchapter 6 of Chapter 75: The classes of persons most likely to be affected by the proposed rules are DHS staff, youth in out-of-home care, and community contractors and partners. The affected classes of persons will bear no costs associated with implementation of the rules.

Subchapter 7 of Chapter 75: The classes of persons most likely to be affected by the proposed rules are DHS staff, children placed in foster placements, and foster care service providers. The affected classes of persons will bear no costs associated with implementation of the rules.

Subchapter 8 of Chapter 75: The classes of persons most likely to be affected by the proposed rules are DHS staff, children placed in therapeutic foster placements, and therapeutic foster care service providers.The affected classes of persons will bear no costs associated with implementation of the rules.

Subchapter 13 of Chapter 75: The classes of persons most likely to be affected by the proposed rules are DHS staff, children placed in custody, and resource parents. The affected classes of persons will bear no costs associated with implementation of the rules.

Subchapter 15 of Chapter 75: The classes of persons most likely to be affected by the proposed rules are DHS staff, children placed in adoption, and children receiving post-adoptive services. The affected classes of persons will bear no costs associated with implementation of the rules.

Subchapter 18 of Chapter 75: The classes of persons most likely to be affected by the proposed rules are DHS staff, children in custody, resource parents, and service providers. 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:

Subchapter 1 of Chapter 75: The classes of persons who will benefit are DHS staff, children in custody, and resource parents.

Subchapter 3 of Chapter 75: The classes of persons most likely to be affected by the proposed rules are DHS staff and children who are involved with DHS through an assessment or investigation.

Subchapter 6 of Chapter 75: The classes of persons who will benefit are DHS staff, youth in out-of-home care, and community contractors and partners.

Subchapter 7 of Chapter 75: The classes of persons who will benefit are DHS staff, foster care placement providers, and children in foster care placements.

Subchapter 8 of Chapter 75: The classes of persons who will benefit are DHS staff, therapeutic foster care placement providers, and children meeting criteria for placement in CFC including children stepping down from TFC level of care, siblings of children in TFC placement, a child of a teen placed in TFC, and a child needing to return to a previous placement.

Subchapter 13 of Chapter 75: The classes of persons who will benefit are DHS staff, children in custody, and resource parents.

Subchapter 15 of Chapter 75: The classes of persons who will benefit are DHS staff, adoptive parents, and children placed in adoptive placements.

Subchapter 18 of Chapter 75: The classes of persons who will benefit are DHS staff, children in custody, and resource 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:DHS 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 positively impact clients, families, and DHS staff.

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, non-regulatory, or less intrusive methods for achieving the purpose of the proposed rules.

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 clarify and update rules which facilitate quicker, more efficient services delivery and may reduce risks to children's health, safety, and environment.

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, processes may not be followed as intended which may delay the delivery of services to persons who are in need.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared June 2, 2014; amended January 16, 2015.