COMMENT DUE DATE:
October 3, 2014
DATE:
September 24, 2014
Shirley Russell, CWS Policy and Forms Administrator 405-521-2881
Dena Thayer, OIRP Programs Administrator 405-521-4326
Nancy Kelly, OIRP Policy Specialist 405-522-6703
RE:
APA WF 14-19
The proposed policy is Emergency . This proposal is subject to the Administrative Procedures Act
SUBJECT:
CHAPTER 75. CHILD WELFARE
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
OAC 340:75-1-12 [AMENDED]
OAC 340:75-1-16 [AMENDED]
OAC 340:75-1-16.1 [NEW]
OAC 340:75-1-17 through 340:75-1-18.1 [AMENDED]
OAC 340:75-1-20 [AMENDED]
Subchapter 6. Permanency Planning
Part 7. Family and Child Individualized Service Planning Components
OAC 340:75-6-40.9 [AMENDED]
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85 [AMENDED]
OAC 340:75-6-86 [AMENDED]
Subchapter 7. Foster Home Care
Part 6. Foster Home Care Support Services
OAC 340:75-7-65 [AMENDED]
Part 28. Foster Parent Helpline and Mediation
OAC 340:75-7-292 [NEW]
(Reference WF 14-19)
SUMMARY:The proposed revisions to Chapter 75 Subchapter 1 amend grievance, adjudicatory, dispositional, permanency, and judicial review hearing rules to comply with statutory changes following passage of House Bill (HB) 2585 and Senate Bills (SB) 1793 and 2088.The bills have an effective date of November 1, 2014.
The proposed revisions to Chapter 75 Subchapter 6 amend the termination of parental rights rules to comply with statutory changes following passage of HBs 2130 and 2667 during the 2015 session of the Oklahoma Legislature.Both bills have an effective date of November 1, 2014.
The proposed revisions to Chapter 75 Subchapter 7 amend the Bridge resource support service rules to comply with statutory changes following passage of SB 1793 and HB 3475.Both bills have November 1, 2014, effective dates.
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
Oklahoma Administrative Code (OAC) 340:75-1-12 is amended to clarify grievance responsibilities due to passage of SB 1793 that establishes a foster parent complaint process about DHS employees with the Oklahoma Commission on Children and Youth, Office of Juvenile System Oversight.
OAC 340:75-1-16 is amended to establish a post-petition deprived child emergency hearing requested by a third party as mandated by HB 2585 and include hearing notifications requirements for group homes due to SB 2088.
OAC 340:75-1-16.1 is created to address for a group home the right to be heard and the right to receive notice of court proceedings per SB 2088.
OAC 340:75-1-18, 340:75-1-18.1, and 340:75-1-20 are amended to address for a group home the right to receive notice of court proceedings per SB 2088.
Subchapter 6. Permanency Planning
Part 7. Family and Child Individualized Service Planning Components
OAC 340:75-6-40.9 is amended to: (1) include the substantial erosion of a parent-child relationship as grounds for termination of parental rights (TPR) per HB 2130; (2) establish separate TPR considerations for a child younger than 4 years of age per HB 2130; and (3) update reasonable efforts to reunite not required when a parent made no measurable progress to alleviate conditions that led to deprived adjudication per HB 2667.
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85 is amended to require a copy of the statement of foster parent rights be given to each foster parent annually per SB 1793.
OAC 340:75-6-86 is amended to address the right for a group home to receive notifications of changes in a child's living arrangements per SB 2088.
Subchapter 7. Foster Home Care
Part 6. Foster Home Care Support Services
OAC 340:75-7-65 is amended to: (1) assure a foster parent receives a copy of DHS liability insurance for contracted foster home placement per HB 3475 and annually receives a copy of the statement of foster parent rights per SB 1793; and (2) include information on filing foster parent complaints about DHS employees with the Oklahoma Commission on Children and Youth, Office of Juvenile System Oversight per SB 1793.
Part 28. Foster Parent Helpline and Mediation
OAC 340:75-7-292 is created regarding the filing of foster parent complaints about DHS employees, with the Oklahoma Commission on Children and Youth, Office of Juvenile System Oversight per SB 1793.
EMERGENCY APPROVAL:Emergency rulemaking approval is requested to comply with Senate and House Bills with November 1, 2014 effective dates.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statues (O.S. 56 § 162);
Chapter 75 Subchapter 1:O.S. 10 § 601.6; O.S. 10A §§ 1-1-102. 1-4-802, 1-4-805, 1-4-807, 1-4-807.1, 1-4-810, and 1-9-120;
Chapter 75 Subchapter 6: O.S. 10A §§ 1-1-102, 1-4-802, 1-4-805, 1-4-807, 1-4-902, 1-4-904, and 1-9-119; and
Chapter 75 Subchapter 7: O.S. 10 § 601.6 and 10A §§ 1-9-119, and 1-9-120.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Deborah G. Smith, Director
Child Welfare Services
Date:08/25/2014
Re:CHAPTER 75. CHILD WELFARE
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
OAC 340:75-1-12 [AMENDED]
OAC 340:75-1-16 [AMENDED]
OAC 340:75-1-16.1 [NEW]
OAC 340:75-1-17 through 340:75-1-18.1 [AMENDED]
OAC 340:75-1-20 [AMENDED]
Subchapter 6. Permanency Planning
Part 7. Family and Child Individualized Service Planning Components
OAC 340:75-6-40.9 [AMENDED]
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85 [AMENDED]
OAC 340:75-6-86 [AMENDED]
Subchapter 7. Foster Home Care
Part 6. Foster Home Care Support Services
OAC 340:75-7-65 [AMENDED]
Part 28. Foster Parent Helpline and Mediation
OAC 340:75-7-292 [NEW]
(Reference WF 14-19)
Contact: Shirley Russell, Programs Manager, 405-521-2881
A.Brief description of the purpose of the proposed rule:
The proposed revisions to Chapter 75 Subchapter 1 amend grievance, adjudicatory, dispositional, permanency, and judicial review hearing rules to comply with statutory changes following passage of House Bill (HB) 2585 and Senate Bills (SB) 1793 and 2088.The bills have an effective date of November 1, 2014.
The proposed revisions to Chapter 75 Subchapter 6 amend the termination of parental rights rules to comply with statutory changes following passage of HBs 2130 and 2667 during the 2015 session of the Oklahoma Legislature.Both bills have an effective date of November 1, 2014.
The proposed revisions to Chapter 75 Subchapter 7 amend the Bridge resource support service rules to comply with statutory changes following passage of SB 1793 and HB 3475.Both bills have November 1, 2014, effective dates.
Purpose.
The proposed revisions to Chapter 75 Subchapter 1 amend grievance, adjudicatory, dispositional, permanency, and judicial review hearing rules to comply with statutory changes following passage of House Bill 2585, and Senate Bills 1793 and 2088.The bills have an effective date of November 1, 2014.
The proposed revisions to Chapter 75 Subchapter 6 amend the termination of parental rights rules to comply with statutory changes following passage of House Bills 2130 and 2667 during the 2015 session of the Oklahoma Legislature.Both bills have an effective date of November 1, 2014.
The proposed revisions to Chapter 75 Subchapter 7 amend the Bridge resource support service rules to comply with statutory changes following passage of Senate Bill 1793 and House Bill 3475.Both bills have an effective date of November 1, 2014.
Strategic Plan Impact.
The proposed rules to Chapter 75 Subchapter 1 achieve DHS goals by providing clarification about grievance procedures and the hearing process for staff and families interacting with the judicial system.
The proposed rules to Chapter 75 Subchapter 6 achieve DHS goals by improving placement and permanency for DHS custody children.
The proposed rules to Chapter 75 Subchapter 7 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.
Substantive changes.
Subchapter 1. General Provisions of Child Welfare Services
Oklahoma Administrative Code (OAC) 340:75-1-12 is amended to clarify grievance responsibilities due to passage of SB 1793 that establishes a foster parent complaint process about DHS employees with the Oklahoma Commission on Children and Youth, Office of Juvenile System Oversight.
OAC 340:75-1-16 is amended to establish a post-petition deprived child emergency hearing requested by a third party as mandated by House Bill 2585 and include hearing notifications requirement for group homes due to Senate Bill 2088.
OAC 340:75-1-16.1 is created to address for a group home the right to be heard and the right to receive notice of court proceedings per Senate Bill 2088.
OAC 340:75-1-18 is amended to address for a group home the right to receive notice of court proceedings per Senate Bill 2088.
OAC 340:75-1-18.1 is amended to address for a group home the right to receive notice of court proceedings per Senate Bill 2088.
OAC 340:75-1-20 is amended to address for a group home the right to receive notice of court proceedings per Senate Bill 2088.
Subchapter 6. Permanency Planning
Part 7. Family and Child Individualized Service Planning Components
OAC 340:75-6-40.9 is amended to: (1) include substantial erosion of parent child relationship as grounds for termination of parental rights (TPR) per House Bill 2130; (2) establish separate TPR considerations for a child younger than 4 years of age per House Bill 2130; and (3) update reasonable efforts to reunite not required when a parent has made no measurable progress to alleviate conditions that led to deprived adjudication per HB 2667.
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85 is amended to require a copy of the statement of foster parent rights be given to each foster parent annually per Senate Bill 1793.
OAC 340:75-6-86 is amended to address for a group home the right to receive notifications of changes in child's living arrangements per Senate Bill 2088.
Subchapter 7. Foster Home Care
Part 6. Foster Home Care Support Services
OAC 340:75-7-65 is amended to: (1) assure a foster parent receives a copy of DHS liability insurance for contracted foster home placement per House Bill 3475 and annually receives a copy of statement of foster parent rights per Senate Bill 1793; and (2) include information on filing foster parent complaints about DHS employees with the Oklahoma Commission on Children and Youth, Office of Juvenile System Oversight per Senate Bill 1793.
Part 28. Foster Parent Helpline and Mediation
OAC 340:75-7-292 is created regarding the filing of foster parent complaints about DHS employees with the Oklahoma Commission on Children and Youth, Office of Juvenile System Oversight per Senate Bill 1793.
Reasons.
Chapter 75 Subchapter 1: The proposed revisions address statutory changes mandated by the 2015 Legislature that take effect November 1, 2015.
Chapter 75 Subchapter 6: The proposed revisions address statutory changes mandated by the 2015 Legislature that take effect November 1, 2015.
Chapter 75 Subchapter 7: The proposed revisions address statutory changes mandated by the 2015 Legislature that take effect November 1, 2015.
Repercussions.
Chapter 75 Subchapter 1: The proposed revisions are designed to provide clear and concise information for staff, parents, and group homes to ensure consistency in policy application.
Chapter 75 Subchapter 6: The proposed modifications are designed to create uniformity in policy application to improve placement and permanency for children in DHS custody.
Chapter 75 Subchapter 7: 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.
Legal authority.Director of Human Services; Section 162 of Title 56 of the Oklahoma Statues (O.S. 56 § 162);
Chapter 75 Subchapter 1:O.S. 10 § 601.6; O.S. 10A §§ 1-1-102. 1-4-802, 1-4-805, 1-4-807, 1-4-807.1, 1-4-810, and 1-9-120;
Chapter 75 Subchapter 6:O.S. 10A §§ 1-1-102, 1-4-802, 1-4-805, 1-4-807, 1-4-902, 1-4-904, and 1-9-119; and
Chapter 75 Subchapter 7:O.S. 10 § 601.6 and 10A §§ 1-9-119, and 1-9-120.
Emergency 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:
Chapter 75 Subchapter 1: The class of persons most likely to be affected by the proposed rules is DHS staff, parents and group homes. The affected class of persons will bear no costs associated with implementation of the rules.
Chapter 75 Subchapter 6: The classes of persons most likely to be affected by the proposed rules are DHS staff, group homes, families, and children. The affected classes of persons will bear no costs associated with implementation of the rules.
Chapter 75 Subchapter 7: The classes of persons most likely to be affected by the proposed rules are DHS staff, and foster care 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:
Chapter 75 Subchapter 1: The classes of persons who will benefit are DHS staff, children in custody, and resource parents.
Chapter 75 Subchapter 6: The classes of persons who will benefit are DHS staff, children in out-of-home care, and group homes.
Chapter 75 Subchapter 7: The classes of persons who will benefit are DHS staff, foster care parents, and children in foster care placements.
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 August 28, 2014; modified September 23, 2014.
