COMMENT DUE DATE:
March 17, 2016
DATE:
February 16, 2016
Shirley Russell, Programs Manager (405) 521-2881
Dena Thayer, OIRP Programs Administrator (405) 521-4326
Nancy Kelly, OIRP Policy Specialist, (405) 522-6703
RE:
APA WF 15-10
The proposed policy is Permanent . This proposal is subject to Administrative Procedures Act
A public hearing is scheduled for 9:00 a.m. on March 25, 2016 at the Oklahoma Department of Human Services, Sequoyah Memorial Office Building, 2400 N. Lincoln Boulevard, Oklahoma City, OK73105, Room C-48. Anyone who wants to speak must sign in at the door by 9:05 a.m.
SUBJECT:CHAPTER 75. CHILD WELFARE
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
OAC 340:75-1-150 [AMENDED]
OAC 340:75-1-151.1 [AMENDED]
OAC 340:75-1-151.2 [AMENDED]
OAC 340:75-1-152 [AMENDED]
OAC 340:75-1-152.3 [AMENDED]
OAC 340:75-1-152.5 [AMENDED]
OAC 340:75-1-152.6 [AMENDED]
OAC 340:75-1-152.7 [AMENDED]
OAC 340:75-1-152.9 [AMENDED]
OAC 340:75-1-154 [AMENDED]
OAC 340:75-1-155 [AMENDED]
Subchapter 6. Permanency Planning
Part 5. Permanency Planning Services
OAC 340:75-6-30 [AMENDED]
OAC 340:75-6-31.4 [AMENDED]
Part 7. Family and Child Individualized Services Planning Components
OAC 340:75-6-40.3 [AMENDED]
Part 8. Child Welfare Specialist Role
OAC 340:75-6-48 [AMENDED]
Part 11. Permanency Planning and Placement Service
OAC 340:75-6-88 [AMENDED]
Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services
Part 3. DDSD DDS Services for Children in Custody
OAC 340:75-8-35 [REVOKED]
OAC 340:75-8-36 [AMENDED]
OAC 340:75-8-37 [AMENDED]
OAC 340:75-8-38 [AMENDED]
OAC 340:75-8-39 [AMENDED]
OAC 340:75-8-40 [AMENDED]
Subchapter 11. Child Welfare Community-Based Residential Care
Part 17. Contracted Community-Based Residential Care Providers
OAC 340:75-11-233 [AMENDED]
OAC 340:75-11-234 [AMENDED]
OAC 340:75-11-236 [AMENDED]
OAC 340:75-11-238 [AMENDED]
Part 19. Residential Diagnostic and Evaluation Services [REVOKED]
OAC 340:75-11-250 [REVOKED]
Part 21. Residential Intensive Treatment Services
OAC 340:75-11-265 [AMENDED]
Part 22. Substance Abuse Treatment Centers
OAC 340:75-11-275 [AMENDED]
Part 23. Specialized Community Homes
OAC 340:75-11-286 [AMENDED]
OAC 340:75-11-287 [AMENDED]
OAC 340:75-11-289 [AMENDED]
Part 25. Non-Funded and Funded Contracted Level B Placements
OAC 340:75-11-300 [AMENDED]
OAC 340:75-11-301 [AMENDED]
Part 27. Residential Maternity Services
OAC 340:75-11-321 [AMENDED]
OAC 340:75-11-322 [AMENDED]
Part 29. Non-funded and Funded Contracted Level C Placements
OAC 340:75-11-330 [AMENDED]
Part 31. Contracted Level D Placements
OAC 340:75-11-350 [AMENDED]
Subchapter 15. Adoptions
Part 14. Post Adoption Services
OAC 340:75-15-128.4 [AMENDED]
Subchapter 16. Mental Behavioral Health Treatment Services
Part 1. Inpatient Mental Behavioral Health Treatment
OAC 340:75-16-28 [AMENDED]
OAC 340:75-16-30 [AMENDED]
OAC 340:75-16-32 [AMENDED]
OAC 340:75-16-33 [AMENDED]
OAC 340:75-16-36 [AMENDED]
OAC 340:75-16-37 [AMENDED]
OAC 340:75-16-38 [AMENDED]
Part 3. Outpatient Behavioral Health Care Services
OAC 340:75-16-45 [AMENDED]
OAC 340:75-16-46 [AMENDED]
Subchapter 19. Working with Indian Children
OAC 340:75-19-3 [AMENDED]
OAC 340:75-19-5 [AMENDED]
OAC 340:75-19-6 [AMENDED]
OAC 340:75-19-7 [AMENDED]
OAC 340:75-19-8 [AMENDED]
OAC 340:75-19-11 [AMENDED]
OAC 340:75-19-12 [AMENDED]
OAC 340:75-19-13 [AMENDED]
OAC 340:75-19-14 [AMENDED]
OAC 340:75-19-19 [AMENDED]
OAC 340:75-19-20 [AMENDED]
OAC 340:75-19-23 [AMENDED]
OAC 340:75-19-26 [AMENDED]
OAC 340:75-19-26.1 [AMENDED]
OAC 340:75-19-28 [AMENDED]
OAC 340:75-19-29 [AMENDED]
OAC 340:75-19-30 [AMENDED]
OAC 340:75-19-32 [AMENDED]
OAC 340:75-19-33 [AMENDED]
(Reference WF 15-08)
SUMMARY:The proposed revisions to Chapter 75 Subchapter 1 amend rules of Oklahoma Children's Services (OCS) to cite the statute that guides OCS, streamline the referral process, and clarify OCS case protocols.
The proposed revisions to Chapter 75 Subchapter 6 amend child permanency planning rules to update:(1) requirements for child visitation with parents, siblings, and community connections and Title IV-E kinship guardianship assistance to comply with federal law per House Resolution 4980 (2014); (2) references to assessment of child safety and preliminary inquiry; and (3) definitions regarding medical services for custody children.
The proposed revisions to Chapter 75 Subchapter 8 amend rules to update policy governing the delivery of Developmental Disabilities Services (DDS) to children in the custody of the Oklahoma Department of Human Services (DHS) custody.
The proposed revisions to Chapter 75 Subchapter 11 amend community-based residential care (CBRC) rules to:(1) align with other Child Welfare Services (CWS) policy; and (2) outline roles and responsibilities that changed due to Pinnacle Plan implementation.
The proposed revisions to Chapter 75 Subchapter 15 amend post-adoption special needs policy to update definitions to align with federal reporting requirements, Adoption and Foster Care Analysis and Reporting System (AFCARS).
The proposed revisions to Chapter 75 Subchapter 16 amend mental health treatment services rules to:(1) reflect changes in OHCA policy regarding psychiatric services; and (2) outline roles and responsibilities that changed due to Pinnacle Plan implementation.
The proposed revisions to Chapter 75 Subchapter 19 amend working with Indian children rules to include changes developed in consultation with the tribes and DHS reorganization of the tribal program unit.
PERMANENT APPROVAL:Permanent rulemaking is requested.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); Chapter 75 Subchapter 1: 10A O.S. § 1-9-110;
Chapter 75 Subchapter 6: 10A O.S. §§ 1-3-102, 1-4-203 and 1-4-204, 1-4-704, 1-4-707, 1-4-709 through 1-4-711, 1-4-807, 1-4-811, 1-7-103 through 1-7-106, 1-7-113; 30 O.S. §§ 1-101 et seq.; 43A O.S. §§ 118 and 119; 20 U.S.C. §§ 1400 through 1461; 42 U.S.C. §§671 and 673; Chapter 75 Subchapter 11: 10A O.S. §§ 1-1-102, 1-2-101, 1-3-102, 1-6-107, 1-7-103, 1-7-105, and 1-9-119; 70 O.S. § 1-113; Chapter 75 Subchapter 16: 10A O.S. § 1-7-103; 43A O.S. §§ 5-501 through 5-513 and 5-521; Chapter 75 Subchapter 19: 10 O.S. §§ 40 through 40.9; 10A O.S. §§ 1-4-503, 1-6-101 through 1-6-103, and 1-7-112; 19 U.S.C. § 1151; 25 U.S.C. §§ 1911 through 1915; 43 U.S.C. §§ 1602 and 1606.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Jami Ledoux, Director
Child Welfare Services
Date:January 20, 2016
Re:CHAPTER 75. CHILD WELFARE
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
OAC 340:75-1-150 [AMENDED]
OAC 340:75-1-151.1 [AMENDED]
OAC 340:75-1-151.2 [AMENDED]
OAC 340:75-1-152 [AMENDED]
OAC 340:75-1-152.3 [AMENDED]
OAC 340:75-1-152.5 [AMENDED]
OAC 340:75-1-152.6 [AMENDED]
OAC 340:75-1-152.7 [AMENDED]
OAC 340:75-1-152.9 [AMENDED]
OAC 340:75-1-154 [AMENDED]
OAC 340:75-1-155 [AMENDED]
Subchapter 6. Permanency Planning
Part 5. Permanency Planning Services
OAC 340:75-6-30 [AMENDED]
OAC 340:75-6-31.4 [AMENDED]
Part 7. Family and Child Individualized Services Planning Components
OAC 340:75-6-40.3 [AMENDED]
Part 8. Child Welfare Specialist Role
OAC 340:75-6-48 [AMENDED]
Part 11. Permanency Planning and Placement Service
OAC 340:75-6-88 [AMENDED]
Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services
Part 3. DDSD DDS Services for Children in Custody
OAC 340:75-8-35 [REVOKED]
OAC 340:75-8-36 [AMENDED]
OAC 340:75-8-37 [AMENDED]
OAC 340:75-8-38 [AMENDED]
OAC 340:75-8-39 [AMENDED]
OAC 340:75-8-40 [AMENDED]
Subchapter 11. Child Welfare Community-Based Residential Care
Part 17. Contracted Community-Based Residential Care Providers
OAC 340:75-11-233 [AMENDED]
OAC 340:75-11-234 [AMENDED]
OAC 340:75-11-236 [AMENDED]
OAC 340:75-11-238 [AMENDED]
Part 19. Residential Diagnostic and Evaluation Services [REVOKED]
OAC 340:75-11-250 [REVOKED]
Part 21. Residential Intensive Treatment Services
OAC 340:75-11-265 [AMENDED]
Part 22. Substance Abuse Treatment Centers
OAC 340:75-11-275 [AMENDED]
Part 23. Specialized Community Homes
OAC 340:75-11-286 [AMENDED]
OAC 340:75-11-287 [AMENDED]
OAC 340:75-11-289 [AMENDED]
Part 25. Non-Funded and Funded Contracted Level B Placements
OAC 340:75-11-300 [AMENDED]
OAC 340:75-11-301 [AMENDED]
Part 27. Residential Maternity Services
OAC 340:75-11-321 [AMENDED]
OAC 340:75-11-322 [AMENDED]
Part 29. Non-funded and Funded Contracted Level C Placements
OAC 340:75-11-330 [AMENDED]
Part 31. Contracted Level D Placements
OAC 340:75-11-350 [AMENDED]
Subchapter 15. Adoptions
Part 14. Post Adoption Services
OAC 340:75-15-128.4 [AMENDED]
Subchapter 16. Mental Behavioral Health Treatment Services
Part 1. Inpatient Mental Behavioral Health Treatment
OAC 340:75-16-28 [AMENDED]
OAC 340:75-16-30 [AMENDED]
OAC 340:75-16-32 [AMENDED]
OAC 340:75-16-33 [AMENDED]
OAC 340:75-16-36 [AMENDED]
OAC 340:75-16-37 [AMENDED]
OAC 340:75-16-38 [AMENDED]
Part 3. Outpatient Behavioral Health Care Services
OAC 340:75-16-45 [AMENDED]
OAC 340:75-16-46 [AMENDED]
Subchapter 19. Working with Indian Children
OAC 340:75-19-3 [AMENDED]
OAC 340:75-19-5 [AMENDED]
OAC 340:75-19-6 [AMENDED]
OAC 340:75-19-7 [AMENDED]
OAC 340:75-19-8 [AMENDED]
OAC 340:75-19-11 [AMENDED]
OAC 340:75-19-12 [AMENDED]
OAC 340:75-19-13 [AMENDED]
OAC 340:75-19-14 [AMENDED]
OAC 340:75-19-19 [AMENDED]
OAC 340:75-19-20 [AMENDED]
OAC 340:75-19-23 [AMENDED]
OAC 340:75-19-26 [AMENDED]
OAC 340:75-19-26.1 [AMENDED]
OAC 340:75-19-28 [AMENDED]
OAC 340:75-19-29 [AMENDED]
OAC 340:75-19-30 [AMENDED]
OAC 340:75-19-32 [AMENDED]
OAC 340:75-19-33 [AMENDED]
(Reference WF 15-10)
Contact:Shirley Russell, Policy Programs Administrator, 405-521-2881
A.Brief description of the purpose of the proposed rule:
The proposed revisions to Chapter 75 Subchapter 1 amend rules of Oklahoma Children's Services (OCS) to cite the statute that guides OCS, streamline the referral process, and clarify OCS case protocols.
The proposed revisions to Chapter 75 Subchapter 6 amend child permanency planning rules to update:(1) requirements for child visitation with parents, siblings, and community connections and Title IV-E kinship guardianship assistance to comply with federal law per House Resolution 4980 (2014); (2) references to assessment of child safety and preliminary inquiry; and (3) definitions regarding medical services for custody children.
The proposed revisions to Chapter 75 Subchapter 8 amend rules to update policy governing the delivery of Developmental Disabilities Services (DDS) to children in the custody of the Oklahoma Department of Human Services (DHS) custody.
The proposed revisions to Chapter 75 Subchapter 11 amend community-based residential care (CBRC) rules to:(1) align with other Child Welfare Services (CWS) policy; and (2) outline roles and responsibilities that changed due to Pinnacle Plan implementation.
The proposed revisions to Chapter 75 Subchapter 15 amend post-adoption special needs policy to update definitions to align with federal reporting requirements, Adoption and Foster Care Analysis and Reporting System (AFCARS).
The proposed revisions to Chapter 75 Subchapter 16 amend mental health treatment services rules to:(1) reflect changes in OHCA policy regarding psychiatric services; and (2) outline roles and responsibilities that changed due to Pinnacle Plan implementation.
The proposed revisions to Chapter 75 Subchapter 19 amend working with Indian children rules to include changes developed in consultation with the tribes and DHS reorganization of the tribal program unit.
Strategic Plan Impact.
The proposed rules to Chapter 75 Subchapter 1 achieve DHS goals by providing clarification about OCS for staff and contracted vendors thereby helping to reduce the recurrence of abuse and neglect of the children of Oklahoma.
The proposed rules to Chapter 75 Subchapter 6 achieve DHS goals by providing clarity and improved processes for staff, children, parents, and foster parents working towards reunification, permanency, and improving child safety.
The proposed rules to Chapter 75 Subchapter 8 achieve DHS goals by improving access to DDS services for DHS custody children.
The proposed rules to Chapter 75 Subchapter 11 achieve DHS goals by improving the quality of CBRC services for DHS custody children and the relationship with and oversight of contractors.
The proposed rules to Chapter 75 Subchapter 15 achieve DHS goals by complying with federal requirements.
The proposed rules to Chapter 75 Subchapter 16 achieve DHS goals by assuring DHS custody children receive needed psychiatric services.
The proposed rules to Chapter 75 Subchapter 19 achieve DHS goals by incorporating tribal partners in policy review process.
Substantive changes.
Subchapter 1. General Provisions of Child Welfare Services
Oklahoma Administrative Code (OAC) 340:75-1-150 is amended to cite the statute that guides OCS.
OAC 340:75-1-151.1 is amended to add the child welfare (CW) specialist as staff with the authority to approve referrals.
OAC 340:75-1-151.2 is amended to correspond with the contractual language that uses approval of a contract as opposed to authorize a contract.
OAC 340:75-1-152 is amended to add contractor requirements regarding waiting lists.
OAC 340:75-1-152.3 is amended to add requirements with regard to ongoing staffing of OCS cases.
OAC 340:75-1-152.5 is amended to define when an extension may be requested for an OCS case.
OAC 340:75-1-152.6 is amended to correspond with the contractual language that uses approval of a contract as opposed to authorize a contract.
OAC 340:75-1-152.7 is amended as suspension to OCS cases will no longer be allowed.
OAC 340:75-1-152.9 is amended to change language to clarify documentation requirement.
OAC 340:75-1-154 is amended to change language regarding the authorization of special funds by the contractor.
OAC 340:75-1-155 is amended to change language to approve or deny referrals for consistency with contract language.
Subchapter 6. Permanency Planning
Part 5. Permanency Planning Services
OAC 340:75-6-30 is amended to increase frequency and improve quality of child
visitation with parents, siblings, and community connections.
OAC 340:75-6-31.4 is amended to establish a successor guardian for child receiving kinship guardianship assistance payment per Section 673 of Title 42 of the United States Code (42 U.S.C 673)
Part 7. Family and Child Individualized Services Planning Components
OAC 340:75-6-40.3 is amended to include ongoing assessment of child safety and preliminary inquiry in permanency assessments.
Part 8. Child Welfare Specialist Role
OAC 340:75-6-48 is amended to clarify the number of required monthly visitations by the assigned CW specialist to a DHS custody child.
Part 11. Permanency Planning and Placement Service
OAC 340:75-6-88 is amended to include definitions for consent, informed consent, sufficient explanation, and medical care of treatment regarding medical services for children in DHS custody.
Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services
Part 3. DDSD DDS Services for Children in Custody
OAC 340:75-8-35 is revoked.
OAC 340:75-8-36 is amended to update the identification, application, and needs assessment process for a child with an intellectual disability.
OAC 340:75-8-37 is amended to update responsibilities of the CW specialist overseeing a custody child receiving home and community-based services (HCBS).
OAC 340:75-8-38 is amended to delete references to secondary case responsibility for a child placed outside the county of jurisdiction.
OAC 340:75-8-39 is amended to update case responsibilities of the Developmental Disabilities Services case manager providing services to DHS custody child receiving HCBS.
OAC 340:75-8-40 is amended to correct developmental disability reference to intellectual disability.
Subchapter 11. Child Welfare Community-Based Residential Care
Part 17. Contracted Community-Based Residential Care
OAC 340:75-11-233 is amended to prohibit placement of a child in DHS custody younger than 13 years of age in a community-based residential care facility, an increase from 10 years of age.
OAC 340:75-11-234 is amended to clarify responsibility for monitoring CBRC contracts.
OAC 340:75-11-236 is amended to update assignment of CW facility liaison to CBRC provider.
OAC 340:75-11-238 is amended to reflect changes in assignment of CBRC responsibilities to CW specialist.
Part 19. Residential Diagnostic and Evaluation Services [REVOKED]
OAC 340:75-11-250 is revoked.
Part 21. Residential Intensive Treatment Services
OAC 340:75-11-265 is amended to clarity the use of intensive treatment services for children diagnosed with a serious emotional disturbance.
Part 22. Substance Abuse Treatment Centers
OAC 340:75-11-275 is amended to correct the age of children permitted to receive substance abuse treatment services.
Part 23. Specialized Community Homes
OAC 340:75-11-286 and 340:75-11-287 are amended to update the language in requirements and responsibilities for specialized community home (SCH) contractors regarding respite care and to reflect CWS reorganization.
OAC 340:75-11-289 is amended to change the language referencing SCH boarding home reimbursement to foster care reimbursement.
Part 25. Non-Funded and Funded Contracted Level B Placements
OAC 340:75-11-300 and 340:75-11-301 are amended to update the language due to CWS internal restructuring and a change in referencing children absent without leave.
Part 27. Residential Maternity Services
OAC 340:75-11-321 and 340:75-11-322 are amended to update the language due to CWS internal restructuring and a change in referencing children absent without leave.
Part 29. Non-funded and funded Contracted Level C Placements
OAC 340:75-11-330 is amended to:(1) remove references to non-funded and funded; (2) restrict age range to 13 to 18; (3) update the language due to CWS internal restructuring; and (4) change reference to children absent without leave.
Part 30. Contracted Level D Placements
OAC 340:75-11-350 is amended to:(1) replace "emotionally disturbed" with "adjudicated deprived;" (2) update the language due to CWS internal restructuring; and (3) change reference to children absent without leave.
Subchapter 15. Adoptions
Part 14. Post Adoption Services
OAC 340:75-15-128.4 is amended to update the special need definitions and
criteria for physical disability, mental disability, and emotional disturbance.
Subchapter 16. Mental Behavioral Health Treatment Services
Part 1. Inpatient Mental Behavioral Health Treatment
OAC 340:75-16-28 is amended to align with Oklahoma Health Care Authority (OHCA) policy by changing inpatient mental health treatment to psychiatric services and updating definitions.
OAC 340:75-16-30 is amended to update the language due to OHCA policy changes and CWS internal restructuring.
OAC 340:75-16-32 is amended to update the language due to OHCA policy changes regarding extension requests for psychiatric care services.
OAC 340:75-16-33 is amended to require discharge and transition planning for inpatient acute care and inpatient residential care.
OAC 340:75-16-36 and 340:75-16-37 are amended to update the language due to OHCA policy changes and CWS internal restructuring.
OAC 340:75-16-38 is amended to update the language to clarify a child's rights in an inpatient behavioral health service facility and CWS internal restructuring.
Part 3. Outpatient Behavioral Health Care Psychiatric Services
OAC 340:75-16-45is amended to update the language due to OHCA policy changes and CWS internal restructuring.
OAC 340:75-16-46 is amended to include statutory reference for establishment of systems of care and delete incorrect website.
Subchapter 19. Working with Indian Children
OAC 340:75-19-3 is amended to add definitions for "active efforts" and "tribal certified foster home."
OAC 340:75-19-5 is amended to clarify who may request transfer of state court proceedings to tribal court.
OAC 340:75-19-6 is amended to clarify who has the right to intervene in state court proceeding.
OAC 340:75-19-7 is amended to include guidance to state courts on determining whether good cause exists to not transfer a proceeding to tribal jurisdiction.
OAC 340:75-19-8 is amended to clarify that the tribe determines whether a child is a tribal member.
OAC 340:75-19-11 is amended to update the list of items included in the notice of any upcoming Indian child custody proceeding.
OAC 340:75-19-12 is amended to require a demonstration of active efforts when petitioning a state court for foster care placement of an Indian child.
OAC 340:75-19-13 is amended to revise who is a qualified expert witness to provide testimony in a case requiring Indian Child Welfare Act compliance.
OAC 340:75-19-14 is amended to clarify placement considerations for foster care, pre-adoptive, and adoptive placement of an Indian child.
OAC 340:75-19-19 is amended to clarify evidence requirements for termination of parental rights to the Indian child.
OAC 340:75-19-20 is amended to require tribal foster homes be tribal-certified.
OAC 340:75-19-23 is amended to clarify that deviation from adoptive placement preference for an Indian child requires the court to conduct a hearing to determine if good cause exists.
OAC 340:75-19-26, 340:75-19-26.1, and 340:75-19-28 are amended to update staffing responsibilities due to DHS reorganization of tribal unit.
OAC 340:75-19-29 is amended to include the Indian custodian be notified that any evidence gathered during a tribal custody child's placement in voluntary foster care may be used as a basis for court action.
OAC 340:75-19-30, 340:75-19-32, and 340:75-19-33 are amended to update staffing responsibilities due to DHS reorganization of tribal unit
Reasons.
Chapter 75 Subchapter 1: The proposed revisions address program and practice changes to OCS.
Chapter 75 Subchapter 6: The proposed revisions provide clear and concise rules for CWS staff working to improve permanency outcomes for DHS custody children and update policy due to new federal requirements.
Chapter 75 Subchapter 8: The proposed revisions address program and practice changes for working with a DHS custody child with an intellectual disability and improve coordination of services with DDS.
Chapter 75 Subchapter 11: The proposed revisions provide clear and concise rules for CWS staff, clients, and contractors to improve the quality of care provided to children in residential placements.Due to DHS reorganization, division, unit and position titles are updated.
Chapter 75 Subchapter 15: The proposed revisions provide clarity and consistency with the data submitted for AFCARS.
Chapter 75 Subchapter 16: The proposed revisions address OHCA policy changes for psychiatric services, inpatient and outpatient.Due to DHS reorganization, division, unit and position titles are updated.
Chapter 75 Subchapter 19: The proposed revisions reflect the development of policy changes through consultation with the tribes to improve CWS and tribal interactions as well as child safety.
Repercussions.
Chapter 75 Subchapter 1: The proposed modifications are designed to ensure consistency in policy application for CWS staff, parents, and contracted staff and provide needed services to children and families.
Chapter 75 Subchapter 6: The proposed modifications are designed to create uniformity in policy application and ensure improved permanency outcomes for DHS custody children.
Chapter 75 Subchapter 8: The proposed modifications are designed to improve identification and assessment of children with intellectual disabilities.
Chapter 75 Subchapter 11: The proposed modifications are designed to ensure consistency in policy application for CWS staff, children, and contractors.
Chapter 75 Subchapter 15: The proposed modifications are designed to ensure consistency in data identification for AFCARS.
Chapter 75 Subchapter 16: The proposed modifications are designed to ensure consistency in policy application with OHCA policy.
Chapter 75 Subchapter 19: The proposed modifications are designed to improve policy application and interactions with the tribes when providing foster care to Indian children.
Legal authority.Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); Chapter 75 Subchapter 1: 10A O.S. § 1-9-110;
Chapter 75 Subchapter 6: 10A O.S. §§ 1-3-102, 1-4-203 and 1-4-204, 1-4-704, 1-4-707, 1-4-709 through 1-4-711, 1-4-807, 1-4-811, 1-7-103 through 1-7-106, 1-7-113; 30 O.S. §§ 1-101 et seq.; 43A O.S. §§ 118 and 119; 20 U.S.C. §§ 1400 through 1461; 42 U.S.C. §§671 and 673; Chapter 75 Subchapter 11: 10A O.S. §§ 1-1-102, 1-2-101, 1-3-102, 1-6-107, 1-7-103, 1-7-105, and 1-9-119; 70 O.S. § 1-113; Chapter 75 Subchapter 16: 10A O.S. § 1-7-103; 43A O.S. §§ 5-501 through 5-513 and 5-521;
Chapter 75 Subchapter 19: 10 O.S. §§ 40 through 40.9; 10A O.S. §§ 1-4-503, 1-6-101 through 1-6-103, and 1-7-112; 19 U.S.C. § 1151; 25 U.S.C. §§ 1911 through 1915; 43 U.S.C. §§ 1602 and 1606.
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:
Chapter 75 Subchapter 1: The classes of persons most likely to be affected by the proposed rules are CWS staff, contractor staff, and parents and children involved in OCS cases. The affected classes bear no costs associated with the implementation of the rules.
Chapter 75 Subchapter 6: The classes of persons most likely to be affected by the proposed rules are CWS staff, foster parents, parents, and children involved in permanency cases. The affected classes bear no costs associated with the implementation of the rules.
Chapter 75 Subchapter 8: The classes of persons most likely to be affected by the proposed rules are CWS staff and custody children with intellectual disabilities.The affected classes bear no costs associated with the implementation of the rules.
Chapter 75 Subchapter 11: The classes of persons most likely to be affected by the proposed rules are CWS staff, contractor staff, and parents and children in CWS cases. The affected classes bear no costs associated with the implementation of the rules.
Chapter 75 Subchapter 15: The classes of persons most likely to be affected by the proposed rules are CWS staff, parents, and children.The affected classes bear no costs associated with the implementation of the rules.
Chapter 75 Subchapter 16: The classes of persons most likely to be affected by the proposed rules are CWS staff, contractor staff, and parents and children. The affected classes bear no costs associated with the implementation of the rules.
Chapter 75 Subchapter 19: The classes of persons most likely to be affected by the proposed rules are CWS staff, tribes, parents, and children. The affected classes bear no costs associated with the 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 CWS staff, contractor staff, and parents and children involved in OCS cases.
Chapter 75 Subchapter 6: The classes of persons who will benefit are CWS staff, foster parents, parents, and children involved in permanency cases.
Chapter 75 Subchapter 8: The classes of persons who will benefit are CWS staff, foster parents, parents, and children.
Chapter 75 Subchapter 11: The classes of persons who will benefit are CWS staff, contractor staff, parents, and children in CBRC.
Chapter 75 Subchapter 15: The classes of persons who will benefit are CWS staff, parents, and children.
Chapter 75 Subchapter 16: The classes of persons who will benefit are CWS staff, parents, and custody children needing psychiatric services.
Chapter 75 Subchapter 19: The classes of persons who will benefit are DHS staff, the tribes, parents, and children.
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 that facilitate quicker, more efficient service delivery to children and families 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 that may delay the services to persons who are in need and place children at risk.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared May 29, 2015; modified January 20, 2016.
