WF 15-11

COMMENT DUE DATE:

March 17, 2016

DATE:

February 16, 2016

Mitzi Lee, Programs Manager (405) 521-2556

Dena Thayer, OIRP Programs Administrator, (405) 521-4326

RE:

APA WF 15-11

It is very important that you provide your comments regarding the DRAFT COPY of policy by the comment due date. Comments are directed to *STO.LegalServices.Policy@okdhs.org.

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:

Subchapter 3. Licensing Standards for Child Care Facilities

Part 9. Requirements for Residential Child Care Facilities

OAC 340:110-3-146 [AMENDED]

OAC 340:110-3-152 [AMENDED]

OAC 340:110-3-153.1 [AMENDED]

OAC 340:110-3-154.1 [AMENDED]

Subchapter 5. Requirements for Child-Placing Agencies

Part 1. Requirements for Child-Placing Agencies

OAC 340:110-5-3 [AMENDED]

OAC 340:110-5-6 [AMENDED]

Part 5. Requirements for Foster Home Agencies

OAC 340:110-5-57 [AMENDED]

OAC 340:110-5-58 [AMENDED]

OAC 340:110-5-61 [AMENDED]

(Reference APA WF 15-11)

NOTE: All rules listed were approved as emergency rules by the Governor on November 2, 2015 and are now submitted for approval as permanent rules.

SUMMARY:

The proposed revisions to Chapter 110, Subchapter 3 Part 9 and Subchapter 5 Parts 1 and 5 amend rules for requirements for residential programs and child-placing and foster home agencies to comply with statutory changes following passage of House Bill (HB) 1078 during the 2015 legislative session with a November 1, 2015, effective date.This parallels Public Law (P.L. 113-183) revisions effective 9-29-14 allowing for a 9-29-15 implementation date.Language amendments include definition of age and developmentally appropriate activities and the application of reasonable and prudent parenting standards.

PERMANENT APPROVAL:Permanent rulemaking is requested.

LEGAL AUTHORITY: Director of Human Services; 56 O.S. § 162, 21 O.S. § 870, 10A O.S. § 1-1-105, and P.L. 113-183.

Rule Impact Statement

To:Programs administrator

Office of Intergovernmental Relations and Policy

From:Lesli Blazer, Director

Child Care Services

Date:January 20, 2016

RE:CHAPTER 110. LICENSING SERVICES

Subchapter 3. Licensing Standards for Child Care Facilities

Part 9. Requirements for Residential Child Care Facilities

OAC 340:110-3-146 [AMENDED]

OAC 340:110-3-152 [AMENDED]

OAC 340:110-3-153.1 [AMENDED]

OAC 340:110-3-154.1 [AMENDED]

Subchapter 5. Requirements for Child-Placing Agencies

Part 1. Requirements for Child-Placing Agencies

OAC 340:110-5-3 [AMENDED]

OAC 340:110-5-6 [AMENDED]

Part 5. Requirements for Foster Home Agencies

OAC 340:110-5-57 [AMENDED]

OAC 340:110-5-58 [AMENDED]

OAC 340:110-5-61 [AMENDED]

(Reference WF 15-11)

Contact:Mitzi Lee, Programs Manager, 405-521-2556

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

The proposed revisions to Chapter 110, Subchapter 3 Part 9 amend rules for requirements for residential programs to no longer obtain tuberculosis (TB) testing for employees.This is with recommendation and approval of the Oklahoma State Department of Health (OSDH).

The proposed revisions to Chapter 110, Subchapter 5 Part 1 amend rules for requirements for child-placing agencies to comply with Section 870 of Title 21 of Oklahoma Statutes (21 O.S. § 870) requiring reporting of trafficking of children.A member of The Oklahoma Adoption Coalition informed Child Care Services of this in April, 2015.

Strategic Plan Impact.

The proposed rule revisions support the DHS goal of helping Oklahomans lead safer, healthier, more independent and productive lives.

The proposed revisions to Chapter 110 Subchapter 3 Part 9 and Subchapter 5 Parts 1 and 5 achieve DHS goals by aligning rules with Oklahoma Statute.

The proposed revisions to Chapter 110 Subchapter 3 Part 9 achieve DHS goals by no longer requiring residential programs to incur unnecessary cost associated with TB testing.

The proposed revisions to Chapter 110 Subchapter 5 Part 1 achieve DHS goals by aligning rules with Oklahoma Statute.

Substantive changes.

Subchapter 3. Licensing Standards for Child Care Facilities

Part 9. Requirements for Residential Child Care Facilities

Oklahoma Administrative Code (OAC) 340:110-3-146 is amended to reflect definitions of "age or developmentally appropriate activities" and "reasonable and prudent parenting standard."

OAC 340:110-3-152 is amended to include application of the reasonable and prudent parent standard when approving activity for a child.

OAC 340:110-3-153.1 is amended to require that programs must have an on-site official authorized to apply the reasonable and prudent parent standard and ensure the designated on-site official receives training in the use and application of reasonable and prudent parent standard.Amendments also include the deletion of TB testing for program employees as approved by OSDH.

OAC 340:110-3-154.1 is amended to require that the program provide residents with opportunities to engage in age or developmentally appropriate activities.

Subchapter 5. Requirements for Child-Placing Agencies

Part 1. Requirements for Child-Placing Agencies

OAC 340:110-5-3 language is amended to reflect definitions of "age or developmentally appropriate activities" and "reasonable and prudent parenting standard."

OAC 340:110-5-6 is amended to require child-placing agencies to notify the Oklahoma Bureau of Narcotics of suspected trafficking of children.

Part 5. Requirements for Foster Home Agencies

OAC 340:110-5-57 is amended to reflect training for foster parents on the application of the reasonable and prudent standard.

OAC 340:110-5-58 is amended to require that foster parents must apply the reasonable and prudent parent standard when approving activity for a foster child.

OAC 340:110-5-61 is amended to require that foster home agencies ensure the child in foster care is provided opportunities to engage in age or developmentally appropriate activities.

Reasons.

Chapter 110 Subchapter 3 Part 9 and Subchapter 5 Parts 1 and 5:The proposed revisions address statutory changes mandated by HB 1078 that parallels P.L. 113-183.

Chapter 110 Subchapter 3 Part 9:The proposed rules address recommendations from OSDH to no longer require TB testing for residential program employees.

Chapter 110 Subchapter 5 Part 1:The proposed rules address changes to 21 O.S. § 870 requiring reporting of trafficking of children.

Repercussions.If rules are not revised DHS would not be in compliance with Statute, health and safety of children would not be protected, and residential programs would incur unnecessary costs paying for tuberculosis testing.

Legal authority. Director of Human Services; 56 O.S. § 162, 21 O.S. § 870, 10A O.S. § 1-1-105, and P.L. 113-183.

Permanent rulemaking approval is requested.Emergency rulemaking was approved by the Governor on November 2, 2015. Emergency rulemaking was requested to protect the health, safety, and welfare of children.If the rules are not approved as an emergency:(1) licensed residential and child-placing agencies will be in violation of Oklahoma Statute; (2) reporting of trafficking of children will not be required; and (3) residential programs will incur unnecessary costs in obtaining TB testing.Emergency rulemaking is requested with an effective date upon Governor's approval.

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: The classes of persons most likely affected by the proposed rules are DHS staff, parents, foster and adoptive parents, foster children, children, residential programs, and child-placing agencies including adoption and foster home agencies.The affected classes bear no costs associated with implementation of the rules.

C.A description of the classes of persons who will benefit from the proposed rule:The classes of persons most likely to benefit by the proposed rules are DHS staff, parents, foster and adoptive parents, foster children, children, residential programs, and child-placing agencies including adoption and foster home agencies.The affected classes bear no costs associated with implementation of the rules.

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:A decrease in program cost will occur for residential licensing programs as TB testing will no longer be required for program employees.There are no fees associated with these 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 estimates the cost of printing and distributing the rules to residential and child-placing agencies to be $700.00 paid though DHS agency printing and mailing budget.

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 will decrease residential program cost.No cooperation of any political subdivisions is 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 rules will revise licensing requirements for programs to comply with Oklahoma Statutes and result in reduced risks to children's health, safety, and environments.Implementation also decreases residential programs costs.

J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed rules revisions are not implemented, licensed programs will not be in compliance with Oklahoma Statutes, children's health and safety is compromised, and residential programs bare unnecessary program costs.

K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared May 20, 2015; modified July 7, 2015; modified September 8, 2015; modified October 22, 2015; modified January 20, 2016.

SUBCHAPTER 3. LICENSING SERVICES – RESIDENTIAL CARE AND AGENCIES

PART 9. REQUIREMENTS FOR RESIDENTIAL CHILD CARE FACILITIES

340:110-3-146. Definitions

Revised 11-2-15

The following words and terms when used in this Part shall have the following meaning unless the context clearly states otherwise:

"Advisory board" means the entity that offers advice and counsel on the operation of a program.

"Age or developmentally appropriate" means per Section 1-1-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-105) suitable, developmentally appropriate activities for children of a certain age or maturity level based on the capacities typical for the age group and the individual child.

"Basement" means an area of a building or structure having one-half or more of its clear height below grade level.

"Behavior management" means guidance that provides a learning experience for the child that contributes to developing the capacity for self-control, self-direction, and ~~the~~ understanding of behavioral consequences.

"Chemical restraint" means medication prescribed by a health professional used to control behavior or to restrict freedom of movement and is not a standard treatment for the child's medical or psychiatric condition.

"Child" means an individual ~~under~~ younger than 18 years of age.

"Child Care Restricted Registry," or "Restricted Registry," also named "Joshua's List" means a registry for registrants who are prohibited from licensure, ownership, employment, having unsupervised access to children, and/or residence in child care facilities per ~~Section 405.3 of Title 10 of Oklahoma Statutes~~ 10 O.S. § 405.3.

"Child care staff" means staff, including part-time, on-call, and substitute staff, who provide direct care and supervision of residents.To be counted as required child care staff, workers must be engaged in providing care and meeting the minimum qualifications for child care staff.

"Children's services" means an educational program, child welfare agency, child-serving institution, child-placing agency, foster family home, hospital, or mental health treatment program that serves children.

"Children's shelter" means a non-secure public or private residential program that provides temporary care and supervision for children.

"Contracted personnel" means individuals who perform services for the program who do not have an employee relationship with the program.

"Custodian" means the adult or agency legally responsible for the child.

"Department" means the Oklahoma Department of Human Services (DHS).

"Food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.

"Governing board" means the entity with ultimate responsibility and authority for the overall operation of a private, nonprofit program.

"Grievance process" means an identified procedure followed when a parent, child, or individual acting in the child's behalf, desires to document dissatisfaction regarding the operation of the program.

"Health professional" means a licensed physician, nurse practitioner, or physician's assistant, as defined by the appropriate state licensing board.

"Interstate Compact on the Placement of Children (ICPC)" means the process of ensuring protection and services to children who are placed across state lines.

"Licensed mental health professional" means an individual possessing the training, qualifications, and professional recognition in a mental health-related field and has a license issued by the appropriate state board.

"Licensed social worker" means a social worker who has a license issued by the State Board of Licensed Social Workers.

"Licensing requirements for residential child care facilities" means the regulations specified in this Part that constitute the minimum requirements for residential programs.

"Mechanical restraint" means a device that restricts movement or function of a child or portion of a child's body.

~~"Nonprofit facility"~~ ~~means an operating program that does not make a profit.~~

"On-call or substitute staff" means staff available to work during the absence of regular part-time or full-time staff.

"Organizational structure" means the legal basis or ownership of the program.

"OSDH" means the Oklahoma State Department of Health.

"Parent" means an individual who is legally responsible for the child, such as a mother, father, legal custodian, or legal guardian.

"Physical restraint" means using the body to restrict movement or function of a child or portion of a child's body.

"Potentially hazardous foods" means any food that contains milk or milk products, eggs, meat, poultry, fish, shellfish, crustacean, or other ingredients in a form capable of supporting rapid and progressive growth of harmful microorganisms.

"Privately operated facility" means a program owned and operated by an individual, partnership, corporation, or association that may be operated on a profit or nonprofit basis.

"Proprietary facility" means a program that operates on a for-profit basis.

"Psychotropic medications" means medications with well-demonstrated efficacy in the treatment of mental disorders through the modification of behavior, mood, and emotions.

"Publicly operated facility" means a program operated by a governmental entity.

"Qualified Substance Abuse Professional (QSAP)" means an individual who meets the criteria established by the Oklahoma Department of Mental Health and Substance Abuse Services.

"Reasonable and prudent parent standard" means per 10A O.S. § 1-1-105, the standard characterized by careful and sensible parental decisions maintaining the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child and is used in determining whether to allow a child to participate in extracurricular, enrichment, cultural, and social activities.This standard is used by a representative of a group home where a child has been placed or a designated official for a residential child care facility where a child in foster care has been placed.

"Regimented residential program" means a military-style training program where residents are subject to a controlled and regimented environment that affirms dignity of self and respect for others and includes physical training and discipline.

"Residential child care facility" means a 24-hour residential program where children live together with, or are supervised by, adults other than the child's parents or relatives.

"Residential treatment facility" means a program that cares for children under 24-hour medical care who have emotional, psychological, or mental disorders.

"Seclusion" means the involuntary confinement of a child in a room or area where the child is physically prevented from leaving.

"Secure care facility" means a program that cares for and supervises adjudicated children in a building where entering and exiting is prohibited through the use of internal or external locks or through secure fencing around the perimeter.

"Separation" means removing a child from the group or group activity as a method of behavior management.

"Serious incident" means any non-routine occurrence that has an impact on the care, supervision, or treatment of a child.

"Service plan" means a comprehensive individualized program of action based on the child's needs.

"Social services" means services that may include, but are not limited to, admission assessments, placement services, counseling, casework services to residents and the residents' families, service planning, and discharge planning.

"Social services staff" means program employees who provide social services.

"Specialized service professional" means an individual from an academic discipline or field of expertise who provides individualized services to a child, such as behavioral or physical therapists.

"Staff member" means an individual employed by or working for or with a residential child care facility on a regularly scheduled basis.This includes full-time, part-time, on-call, and substitute staff, whether paid or unpaid.

"Supervision of residents" means overseeing and guiding residents including awareness of and responsibility for the ongoing activity of each child.

"Support staff" means clerical staff, cooks, building custodians, and other personnel who provide support services to the program.

"Unsupervised access to children" means an individual being present with children without personnel present who has a complete criminal history review.

"Volunteer" means an individual who provides services to the program without compensation.

340:110-3-152. Organization and administration

Revised 11-2-15

(a) Statement of intent.The purpose or function of the residential child care facility is clearly defined in a statement filed with the Oklahoma Department of Human Services ~~(OKDHS)~~ (DHS).The statement includes the:

(1) program philosophy;

(2) program goals and objectives;

(3) ages and characteristics of children accepted for care;

(4) geographical area served; and

(5) types of services provided.

(b) Organizational structure.The legal basis or ownership of the residential child care facility is fully documented and submitted to ~~OKDHS~~ DHS.

(1) Publicly operated facility.Documentation identifies the statutory basis of the facility and the administrative framework of the governmental entity that operates the facility.

(2) Privately operated facility.A privately operated facility submits:

(A) the charter, partnership agreement, constitution, articles of incorporation, or resolution authorizing the facility's operation, as applicable;

(B) names, titles, addresses, and telephone numbers for:

(i) association members or corporate officers for a nonprofit facility; and

(ii) owners, partners, or corporate officers for a proprietary facility.

(3) Changes in ownership and facility name.~~OKDHS~~ DHS is notified of any changes in the legal basis for operation, ownership, or name of the facility at least 30-calendar days prior to the changes.

(c) Governing and advisory board.A private, nonprofit facility establishes a governing board and may also have an advisory board.

(1) Meetings.The governing board meets at least twice a year and maintains accurate minutes of each meeting.

(2) Responsibility of the governing board.The governing board maintains ultimate responsibility for governing but, having selected and employed an executive director, delegates to the executive director responsibility for administration of the facility.

(A) The board assumes joint responsibility with the executive director for general program and policy, funding, and compliance with minimum requirements.

(B) The responsibilities and relationship between the board and the executive director are defined in the constitution and bylaws and submitted to ~~OKDHS~~ DHS.

(3) Governing board members.A current list of names, titles, addresses, and telephone numbers of the governing board members is submitted to ~~OKDHS~~ DHS.

(4) Board composition.The governing board represents the diversity of the community served.

(A) The board is comprised of a minimum of three members.

(B) A majority of the members of the board reside in Oklahoma.Multi-state operations,; however, may have a governing board outside of Oklahoma if they establish local advisory boards that meet the requirements in ~~paragraph~~ (5) of this subsection.

(C) Facility staff members cannot comprise a majority of the voting members of the governing board for ~~that~~ the facility.

(D) Board members receive an orientation to board responsibilities upon appointment.

(5) Advisory board.A private, proprietary facility without a governing board that meets the requirements in ~~OAC~~ Oklahoma Administrative Code (OAC) 340:110-3-152(c)(1) - (4) establishes an advisory board.

(A) The advisory board meets at least twice a year.

(B) The advisory board provides advice and counsel to the facility on the policies and operation of the facility, reflects local concerns, and represents the program to the community.

(C) A current list of names, addresses, and telephone numbers of the advisory board members is submitted to ~~OKDHS~~ DHS.

(D) Facility staff members cannot comprise a majority of the voting members of the advisory board for that facility.

(E) A majority of the members of the advisory board reside in Oklahoma.

(d) Administrative policy.Policy is clearly written, current, and available for residents, parents or custodians, staff, and licensing staff to review.Policy is reviewed annually by the governing board.Policy includes, but is not limited to, areas governing:

(1) admission and discharge;

(2) personnel;

(3) volunteers;

(4) programs;

(5) grievance procedures as approved by ~~OKDHS~~ DHS Office of Client Advocacy;

(6) behavior management;

(7) mandatory reporting of child abuse;

(8) suicide awareness and protocol;

(9) medical services;

(10) administering and disposing of medication;

(11) confidentiality of records;

(12) a child absent without permission; ~~and~~

(13) emergency procedures.; and

(14) application of reasonable and prudent parent standard when approving an activity for a child.

(e) Records and reports.The records and reports maintained at the facility and available for licensing staff to review are:

(1) children's records;

(2) personnel records;

(3) criminal history investigation records;

(4) orientation and ~~training hour~~ professional development records;

(5) menus of food served to residents;

(6) fire and tornado drill records;

(7) schedules of planned recreational, leisure, or physical exercise activities;

(8) visitation records; and

(9) transportation records.

(f) Notifications.The facility complies with the notification requirements as outlined in this subsection.

(1) The facility notifies Licensing on the next working day in the event of:

(A) temporary or permanent closing of the facility;

(B) a change in the executive director;

(D) damage to the premises of the facility caused by fire, accident, or the elements that seriously affects the provision of services;

(E) legal action against a facility or staff member that involves a resident or the operation of the facility;

(F) any serious resident injury requiring emergency medical treatment by a health professional; or

(G) ~~the~~ a resident death ~~of a resident~~.

(2) ~~The facility immediately reports any suspicion of child abuse or neglect to the OKDHS Office of Client Advocacy or the OKDHS 24-hour statewide~~ Any person who has reason to believe a child has been abused or neglected as described in 10 O.S. § 1-1-105 is required to report the matter promptly to the DHS Child Abuse and Neglect Hotline 1-800-522-3511 perSection1-2-101 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-2-101).Any staff who has reason to believe that a child has been abused or neglected is responsible to ensure that a report has been made in accordance with Sections 7102 and 7103 of Title 10 of Oklahoma Statute.Failure to report is a misdemeanor offense and upon conviction is punishable by law.Failure to report with prolonged knowledge, six months or more, of ongoing abuse or neglect is a felony offense.

(3) Per 21 O.S. § 870 every person having reason to believe that a person or child-placing agency is engaging in the crime of trafficking in children, as described in 21 O.S. § 866 of the Oklahoma Statutes, reports the matter promptly to the Oklahoma Bureau of Narcotics and Dangerous Drugs Control.

~~(3)~~(4) If When a resident is absent without permission, the resident's parents or custodian are notified immediately.

340:110-3-153.1. Personnel

Revised 11-2-15

(a) Personnel policy.Personnel policy includes, but is not limited to, defining staff, essential position functions, qualifications, and lines of authority.

(b) Staff and responsibilities.The program recruits staff with specialized skills, knowledge, and the cultural understanding and competencies necessary for quality residential care services.

(1) Executive director.The program employs an executive director, superintendent, or administrator.In the absence of the executive director, ~~a person~~ an individual is designated as in charge.

(A) The executive director, superintendent, or administrator is responsible for employing ~~persons~~ individuals possessing adequate education, training, and experience to perform the essential functions of the assigned position.

(B) The executive director is responsible for implementing the policies adopted by the governing board.

(2) Program director.The program director is responsible for implementing and supervising programs and services.The executive director may also serve as the program director, when the director meets the qualifications specified in ~~subsection~~ (d)(2) of this Section.

(3) Social services staff.Social services staff are responsible for admission assessments, placement services, counseling, casework services to residents and the residents' families, service plans, service plan reviews, and discharge plans.

(4) Child care staff.Child care staff are responsible for meeting the needs of residents, taking into account the residents' ages, physical and mental conditions, and other factors that affect the amount of attention indicated.

(5) Support staff.Support staff are responsible for providing support duties.

(6) On-call and part-time staff.On-call and part-time staff are responsible for the duties of the position ~~to which~~ they are assigned.

(7) On-site official.There must be an on-site official authorized to apply the reasonable and prudent parent standard.

(1) Volunteers counted in the staff to child ratio meet all requirements for child care staff.

(2) Volunteers receive orientation before having contact with residents.

(3) Volunteers work under the direct supervision of the executive director or a designated staff member.

(d) Executive director and program director qualifications.The executive director, superintendent, or administrator, and program director possess adequate education, training, and experience to perform the essential functions of the position.

(1) In a program where the executive director operates primarily as an administrator and employs a program director, an executive director hired after June 15, 1990, has a minimum of a bachelor's degree from an accredited college or university.

(2) ~~A person~~ Individuals hired after June 15, 1990, who is are solely responsible for direct program supervision, whether ~~the~~ filling the position of executive director or ~~the~~ program director, ~~meets~~ must meet one of these qualifications:

(A) a bachelor's degree in a behavioral science or other related area of study from an accredited college or university and three years of experience in children's services;

(B) a master's degree in social work, psychology, guidance and counseling, sociology, child development, human relations, or other related area of study from an accredited college or university and two years of experience in children's services;

(C) a doctorate in medicine, social work, psychology, guidance and counseling, sociology, child development, human relations, or other related area of study from an accredited college or university and one year of experience in children's services; or

(D) for programs specializing in substance abuse treatment, the program director is a Qualified Substance Abuse Professional (QSAP).

(e) Child care and supervisory staff qualifications.Child care and supervisory staff possess adequate education, training, and experience to perform the essential functions of the position.

(1) All child care workers are 21 years of age or older.

(2) Staff hired after June 15, 1990, have a high school diploma or equivalent within one year of employment.

(f) Social services staff qualifications.Social services staff, whether employees or contractors, possess adequate education, training, and experience to perform the essential functions of the position.

(1) Social services supervisory staff, hired after June 15, 1990, who are responsible for developing and implementing the social services program, meet one of these qualifications:

(A) a bachelor's degree in social work from an accredited college or university;

(B) a bachelor's degree in behavioral science, social science, or other related area of study from an accredited college or university and one year of experience in children's services; or

(C) for programs specializing in substance abuse treatment, the social services supervisory staff are supervised by a QSAP.

(2) Social services staff hired after June 15, 1990, who provide only casework services have a bachelor's degree in a related area of study from an accredited college or university.

(g) Employment requirements.Staff meet ~~the~~ requirements specified in this subsection.

(1) References.The program obtains a minimum of three references for all staff prior to employment.

(A) References include the date, interview questions, responses, and the interviewer's signature.

(B) Copies of references are maintained in the employee's personnel record.

(2) Tuberculin test.Upon employment, each employee has a documented mantoux (PPD) tuberculin skin test with a booster, if needed, within the previous 12 months, unless the employee shows medical verification of a previous positive skin test.

~~(A) Only tests read by a physician or nurse are accepted.~~

(B) Employees with a new positive tuberculin skin test reaction have a chest x-ray.Employees with a previous history of a positive skin test present documentation of a chest x-ray.Further x-rays are not required unless signs or symptoms suggestive of tuberculosis develop.

~~(C) Employees with a positive skin test reaction submit annual documentation by medical personnel that signs or symptoms of tuberculosis are not present.~~Testing for tuberculosis is not required on a routine basis.Programs comply with the Oklahoma State Department of Health recommendation regarding tuberculin skin testing, when there is a local identified tuberculin exposure.

(3) Performance evaluation.Each employee has a written performance evaluation at least annually ~~that is~~ maintained in the employee's personnel record.

(h) Background investigations - general.

(1) Required individuals.Background investigations are required per Section 401 et seq. of Title 10 of the Oklahoma Statutes (10 O.S. §§ 401 et seq.), Oklahoma Child Care Facilities Licensing Act (Licensing Act), unless an exception per (2) or (3) of this subsection applies for:

(A) owners, prior to authorization to operate;

(B) responsible entities, prior to authorization to operate and when there is a change in a responsible entity;

(i) the program may hire individuals who are only awaiting the national criminal history records search, based upon the submission of fingerprints, provided the:

(I) preliminary criminal history review results from the Licensing Records Office (LRO) are received by the program.However, until complete results are received, the individual does not have unsupervised access to children without personnel being present who have a completed criminal history review; and

(II) completed criminal history review results from LRO are received by the program within 30-calendar days from submission of the fingerprints for employment to continue; and

(ii) personnel who come from another licensed program owned by the same business entity are not required to repeat the background investigation process, with the exception of criminal history restriction waivers, provided there is no break in employment from the business entity;

(D) individuals with unsupervised access to children, prior to having access to children, unless an exception per (3) of this subsection applies;

(E) adults living in the facility, prior to authorization to operate or moving into the facility of an existing program.This includes children who ~~turn~~ become 18 years of age while living in the facility, unless exempt as a resident receiving services from the program; and

(F) individuals who have access to or review of the fingerprint results, prior to access to or review of the results.

(2) Existing required individuals as of November 1, 2013.On or before November 1, 2016, the fingerprinting and criminal history review process of this Section is completed for existing required individuals, with the exception of individuals who have access to or review of the fingerprint results.These individuals complete the process prior to having access to or review of the results.

(3) Non-required individuals.Background investigations are not required for:

(A) specialized service professionals who are not program personnel, provided parent releases are obtained per ~~OAC~~ Oklahoma Administrative Code (OAC) 340:110-3-154(a)(4)(E);

(B) volunteer drivers who transport children on an irregular basis and do not fill another position, provided parent releases are obtained per OAC 340:110-3-154(a)(4)(E);

(D) contracted non-personnel who do not have unsupervised access to children, such as when the program contracts for special activities or facility repair;

(E) individuals who are not program personnel and have contact with residents as part of family, community, and social activities, education, or employment, provided administrative and program policies are met including policy regarding trips away from the facility; and

(F) residents who ~~turn~~ become 18 years of age while living in the facility and continue to receive services from the program.

(i) Background investigations - Restricted Registry.The program conducts a search of the online Child Care Restricted Registry or Restricted Registry, also named Joshua's List, when required per (h) of this Section.

(1) Non-registrants.Non-registrants are individuals who are not recorded on the Restricted Registry.

(2) Registrants.Registrants are individuals who are recorded on the Restricted Registry, prohibited from licensure, ownership, employment, unsupervised access to children, or residence in the facility and are prohibited individuals per (e) of this Section.

(j) Background investigations – criminal history.The program and required individuals complete the criminal history review process.The program receives the completed criminal history review results from LRO when required per (h) of this Section.

(1) Criminal history prohibitions.Individuals with criminal history prohibitions are prohibited per (k) of this Section.Criminal history prohibitions include required to registration under the:

(A) Sex Offenders Registration Act; or

(B) Mary Rippy Violent Crime Offenders Registration Act.

(2) Criminal history restrictions.Individuals with criminal history restrictions are prohibited per (k) of this Section, unless a criminal history restriction waiver is granted.Criminal history restrictions include pending charges, pleas of guilty or nolo contendere (no contest), or conviction of any criminal activity involving:

(A) gross irresponsibility or disregard for the safety of others;

(B) violence against an individual;

(D) child abuse or neglect;

(E) animal cruelty;

(F) possession, sale, or distribution of illegal drugs; or

(G) a pattern of criminal activity.

(3) Criminal history restriction waivers.Restriction waivers are specified in this subsection.

(A) Restriction waivers may be requested for individuals who have criminal history restrictions.The owner, responsible entity, or director completes requests on ~~a DHS~~ an Oklahoma Department of Human Services (DHS) form.

(B) Restriction waivers are not requested or granted for:

(i) Restricted Registry registrants;

(ii) individuals with criminal history prohibitions; or

(iii) individuals whose sentence has not expired for any of the criminal history restrictions.

(k) Prohibited individuals.

(1) Background investigation of required individuals.The program does not allow a required individual to be the owner or responsible entity, to be employed, to live in the facility, or have:

(A) access to children, such as being present at the facility during the hours of operation or present with the children in care while off-site, when the individual has criminal history:

(i) prohibitions; or

(ii) restrictions, unless a criminal history restriction waiver is granted.Individuals identified in a pending or denied restriction waiver request are prohibited; or

(B) unsupervised access to children, when the individual is a Restricted Registry registrant.

(2) Impaired functioning.~~Persons who are~~ Individuals employed by the program or who provide services to the program may not use or be under the influence of alcohol and/or illegal drugs during work hours ~~of work~~.

(3) Criminal allegations.If When a staff member is alleged to have committed an act described in ~~subsection~~ (j) of this Section, the program's executive director determines and documents whether the staff member is removed from contact with children until the allegation is resolved.However, if when criminal charges are filed, the accused is removed from contact with children until the charges are resolved.

(4) Deferred sentences.~~A person~~ Individuals who ~~has~~ have received a deferred sentence for any charge in ~~paragraph~~ (j)(2) of this Section is are removed from contact with children for the duration of the deferment.

(l) Orientation.Staff receive orientation within 30-calendar days of employment.

(1) Staff who will work with residents receive orientation before being assigned as the primary staff responsible for residents.

(2) Orientation includes, but is not limited to:

(A) confidentiality;

(B) resident grievance process;

(D) suicide awareness and protocol;

(E) emergency medical procedures;

(F) organizational structure;

(G) program philosophy;

(H) personnel policy and procedure;

(I) the mandatory reporting of child abuse; and

(J) administrative policy and procedure regarding behavior management.

(3) ~~OKDHS~~ DHS Publication No. 86-78, Licensing Requirements for Residential Child Care Facilities, is part of the orientation process and is available to staff at all times.

(4) Orientation may ~~be counted~~ count toward the total ~~training~~ professional development hours for the first year.

(m) Staff ~~training~~ professional development.Staff meet the requirements for ~~training~~ professional development specified in (1) - ~~(6)~~(7) of this subsection.

(1) ~~Training~~ Professional development for the administrator and program director.The administrator and program director obtain a minimum of 12-clock hours of continuing education per calendar year.Hours are prorated at one hour per month for staff who have not been employed for a full year.The content pertains to the roles and responsibilities of the position.

(2) ~~Training~~ Professional development for social services staff.Social services staff, including licensed mental health professionals and those providing casework services, obtain a minimum of 12-clock hours of continuing education per calendar year.Hours are prorated at one hour per month for staff who have not been employed for a full year.The content pertains to the roles and responsibilities of the position.

(3) ~~Training~~ Professional development for child care staff.Child care staff receive training.

(A) Full-time child care staff obtain a minimum of 24-clock hours per calendar year of staff development courses.Hours are prorated at two hours per month for staff who have not been employed for a full year.

(B) Part-time child care staff obtain a minimum of 12-clock hours per calendar year of staff development courses.

(C) On-call or substitute child care staff obtain a minimum of six-clock hours per calendaryear of staff development courses.

(D) The content for staff development courses for child care staff pertains to the roles and responsibilities of the position assigned.

(E) When residents are in care on the facility premises or on any program sponsored field trip, at least one staff is present who has current documentation of certification in age-appropriate first aid and cardio-pulmonary resuscitation (CPR).All other child care staff complete training in first aid and CPR, including infant and child if when appropriate, within 90-calendar days of employment.Child care staff maintain current training in CPR and first aid thereafter.

(i) CPR training is conducted by an individual certified as an instructor through the:

(I) American Red Cross;

(II) Emergency Medical Services (EMS) Safety Services;

(III) Emergency Care and Safety Institute;

(IV) American Heart Association or American Heart sponsored CPR for Family and Friends; or

(V) American Safety and Health Institute.

(ii) First aid training is conducted by ~~a person~~ an individual certified as a first aid instructor, or a health professional using a curriculum from a DHS approved source through:

(I) Emergency Medical Services for Children (EMSC) First Care;

(II) American Red Cross;

(III) EMS Safety Services;

(IV) Emergency Care and Safety Institute;

(V) American Heart Association;

(VI) American Safety and Health Institute;

(VII) American Academy of Pediatrics First Aid for Caregivers and Teachers (PedFACTs); or

(VIII) another DHS approved source.

(4) ~~Training~~ Professional development for support staff.Support staff who occasionally provide instruction or training to residents obtain a minimum of six-clock hours of staff development courses per calendar year.The content is relative to the role and responsibility of the position or relative to interacting with residents.

(5) Behavioral intervention techniques.Within 30-calendar days of employment, and prior to being solely responsible for residents, child care staff and those support staff that occasionally provide instruction or training to residents, complete ~~training~~ professional development or provide proof of current certification in behavioral intervention techniques ~~that includes~~ to include:

(A) rules and appropriate consequences of various interventions;

(B) techniques for early de-escalation and preventive intervention;

(D) verbal crisis intervention; and

(E) safe and appropriate physical restraint.

(6) Reasonable and prudent parent standard training.Designated on-site official authorized to apply reasonable and prudent parent standard receives training on use and application of reasonable and prudent parent standards.

~~(6)~~(7) ~~Training~~ Professional development for contracted personnel.Contracted personnel not providing direct care or counted in the supervision ratio are exempt from meeting staff ~~training~~ professional development requirements as specified in subsection (m)(1) - (5) of this Section.

(n) Documentation.All orientation and ~~training~~ professional development hours are documented and available for licensing staff to review.Documentation includes the names of staff members who attended, course ~~title~~ titles, course ~~description~~ descriptions, ~~date~~ dates, hours attended, and the ~~name~~ names of the trainer or facilitator.

(o) Personnel records.Programs maintain personnel records for each employee.

(1) The program submits to DHS at the time of ~~application~~ request for license a:

(A) current list of employees; and

(B) DHS provided staff information sheet, ~~provided by DHS,~~ for each employee.

(2) The program maintains on file a written personnel record for each employee working at the program ~~that is kept~~ for at least one year following an employee's separation from employment.The personnel record includes:

(A) an application, resume, or staff information sheet that documents position qualifications ~~for the position~~;

(B) any health records required by the program;

(C) documentation of the mantoux (PPD) tuberculin skin test and annual documentation by a health professional for child care staff who have had a positive tuberculin skin test reaction that signs or symptoms of tuberculosis are not present;

~~(D)~~ documentation of requests and~~/or~~ results of criminal history reviews;

~~(E)~~(D) other applicable criminal history records;

~~(F)~~(E) three references;

~~(G)~~(F) annual performance evaluations and any reports and notes relating to the individual's employment with the program;

~~(H)~~(G) date of employment; and

~~(I)~~(H) date and reason for leaving employment.

340:110-3-154.1. Program

Revised 11-2-15

(a) Rights of residents.The facility has current, written clients' rights policy that supports and protects all residents, which is available for residents, parents or custodians, staff, and licensing staff to review.

(1) Each resident and family is informed, in a language they commonly use, of the facility's policies and procedures regarding ~~their~~ his or her rights.

(2) Each resident has a right to an individualized plan of care or treatment that focuses the services of the facility toward meeting the resident's needs.Each resident has the right to participate in the development of the plan.

(3) The facility ensures ~~that the~~ resident's rights and responsibilities are protected regarding ~~the~~ items listed in (A) - ~~(O)~~(P) of this paragraph.

(A) Personal finances.Each resident is given the opportunity to have and handle money for personal use ~~in accordance with~~ per the resident's service plan.

(B) Personal possessions.Each resident is allowed to bring personal possessions to the facility and to acquire personal belongings as permitted by facility policy and procedure.

(C) Personal care and hygiene.Each resident is supplied with facilities and supplies for personal care, hygiene, and grooming.

(D) Clothing.Each resident possesses adequate, clean, well-fitting, and seasonable clothing and has a safe place to keep it.

(E) Community activities.Each resident has the right to community contacts and opportunities for participation in the local community ~~in accordance with~~ per the resident's service plan.

(F) Telephone contacts.Each resident has access to a telephone to initiate and receive uncensored personal calls ~~in accordance with~~ per facility policy and procedure.The residents have access to an attorney and authorized representative of the referring agency.

(G) Mail.Resident's letters, both incoming and outgoing, are not opened unless there is suspicion of contraband.If When correspondence is opened, the resident is informed in advance, and is present when the letter is opened.This action is documented.

(H) Restrictions.Any restrictions placed on communications are explained to the resident and clearly documented.

(I) Publicity.Consent is obtained by the facility from the resident and the resident's parents or custodian prior to the use of any publicity about or related to the resident.

(i) Residents are not caused embarrassment by any publicity or promotional materials.

(ii) Residents are not forced to acknowledge their dependency on the facility or their gratitude to it.

(J) Grievance.Residents and parents or custodians have the right to file a grievance.

(K) Religious training.Each resident is provided an opportunity to participate in religious services.

(L) Work.Each resident is taught good work habits and is provided with a variety of tasks.Whenever possible, residents earn money through work.Residents are never substituted for employed staff.

(M) Safety.Adequate measures are taken to prevent accidents and to avoid health and safety hazards.

(N) Activities.The program provides each resident regular opportunities to engage in age appropriate or developmentally appropriate activities.

~~(N)~~(O) Recreation.Each resident is given time to pursue talents, hobbies, and chosen interests ~~in accordance with~~ per the resident's service plan.

(i) The facility provides a balanced ~~on-grounds~~ on- or off-grounds recreational program.

(ii) A written schedule of planned recreational, leisure, or physical exercise activities is developed with input from staff members and residents and is kept on file and available for licensing staff to review.

~~(O)~~(P) Sleep.The facility provides adequate time and facilities for proper rest and sleep commensurate with each resident's age, health needs, safety, and activities.

(b) Visitation.The facility provides the residents and parents or custodian the opportunity for on- or off-campus visits ~~in accordance with~~ per each resident's service plan.

(1) A record is kept of all visits.

(2) Reasons for visitation restrictions are explained to the resident and parents or custodian, documented in the resident's record, and reviewed every six months.

(3) Residents have access to their attorney and the referring agency authorized representative ~~of the referring agency~~.

(c) Education.The facility has a clearly written policy that describes the plans for meeting ~~the~~ educational needs of residents.

(1) Training and education are available to meet each resident's abilities.

(2) The facility ensures ~~that~~ school-age residents receive the educational instruction ~~to which~~ they are entitled under provisions of federal and state education laws and regulations.

(3) Education is provided in or by a public school or a private school.

(4) The facility ensures ~~that~~ any resident who is legally not attending school is either gainfully employed or enrolled in a high school ~~equivalency~~ equivalent General Education Development (GED) program or in a training program that teaches necessary life skills or methods of job acquisition.

(5) Tutoring is provided or arranged by the facility for residents, as needed.

(d) Care of children birth to ~~five~~ 5 years of age.Programs caring for children birth to ~~five~~ 5 years of age provide age or developmentally appropriate activities and equipment.Staff responsible for the care of these children are trained in age or developmentally appropriate practice.

SUBCHAPTER 5. REQUIREMENTS FOR CHILD-PLACING AGENCIES

PART 1. REQUIREMENTS FOR CHILD-PLACING AGENCIES

340:110-5-3. Definitions

Revised 11-2-15

The following words and terms when used in this Subchapter shall have the following meaning unless the context clearly states otherwise:

"Adoption agency" means an agency licensed as a child-placing agency for the purpose of placing children into adoptive families.

"Advisory board" means the entity that offers advice and counsel on the operation of a child-placing agency.

"Age or developmentally appropriate" means per Section 1-1-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-105), suitable, developmentally appropriate activities for children of a certain age or maturity level based on the capacities typical for the age group and the individual child.

"Agency" means child-placing agency.

"Auxiliary personnel" means cooks, building custodians, or other personnel who provide support services to the agency.

"Basement" means an area of a building or structure having one-half or more of its clear height below grade level.

"Child" means an individual ~~under~~ younger than 18 years of age.

"Child care staff" means staff who provide direct care and supervision of children.

"Child-placing agency" means an agency that arranges for or places a child in a foster family home, adoptive home, or independent living program.

"Child with special needs" means a child who, because of age, ethnic origin, physical, mental, or behavioral problems, or sibling group for whom placement for adoption is difficult.

"Custodian" means the adult or agency legally responsible for the child.

"Department" means the Oklahoma Department of Human Services (DHS).

"Emergency foster care" means foster home care provided to a child when an emergency exists or initial placement does not exceed 30-calendar days.

"Foster home" means a home that provides full-time substitute family care for a child for a planned period when the child's family cannot provide care.

"Foster home agency" means an agency licensed as a child-placing agency for the purpose of certifying foster homes.

"Foster parent(s)" means the individual(s) providing foster home care for a child placed by the child-placing agency.

"Governing board" means the entity with ultimate responsibility and authority for the overall operation of a private~~, nonprofit~~ agency.

"Health professional" means a licensed physician, nurse practitioner, or physician's assistant, as defined by the appropriate state licensing board.

"Independent living (IL) program" means a residential program that places youth, at least 16 years of age, in a living situation supervised by a licensed child-placing agency with the goal of preparing the youth for living independently without supervision.

"Indian child" means an unmarried or unemancipated individual younger than 18 years of age who is a member of an Indian tribe or eligible for membership and is the biological child of a member of an Indian tribe per [10 O.S. § 40.2].

"Infant foster care" means a category of foster care when the foster home provides care to for infants only.

"Interstate Compact on the Placement of Children (ICPC)" means the process of ensuring protection and services to children who are placed across state lines.

"Legal risk placement" means placement of a child when consent to adoption or permanent relinquishment of parental rights for adoption has not been obtained from both birth parents and parental rights have not been previously terminated.

"Long-term foster care" means foster home care when the initial placement plan exceeds 30-calendar days.

"On-call or substitute staff" means staff available to work during the absence of regular part-time or full-time staff.

"Openness in adoption" means the pre- or post-placement exchange of information, communication, or contact between birth and adoptive families.

"Parent" means an individual who is legally responsible for the child, such as a mother, father, legal custodian, or legal guardian.

"Placement plan" means a component of the service plan or agreement that contains plans for ~~the~~ placement of ~~the~~ a child that best meet the child's needs.

"Post-adoption services" means direct or referral services available through the child-placing agency to birth and adoptive parents and the adopted child after the adoption is finalized.

"Post-placement supervision" means supervision and services provided after the child is placed with an adoptive family.

"Proprietary facility" means a program that operates on a for-profit basis.

"Reasonable and prudent parent standard" means per 10A § 1-1-105, the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child.This standard is used by the child's foster parent when determining whether to allow a child to participate in extracurricular, enrichment, cultural, and social activities.

"Serious incident" means any non-routine occurrence that has an impact on the care, supervision, or treatment of a child.

"Service plan or agreement" means a comprehensive individualized program of action for the child and the child's family, when parental rights have not been terminated, developed by the child-placing agency in cooperation with the child and family or custodian.It establishes specific outcomes and time frames based on the:

(A) child's age and level of functioning; and

(B) family's ability and willingness to participate.

"Social services staff" means child-placing agency employees who provide social services that include, but ~~are~~ not limited to:

(A) casework services to children and the children's families;

(B) adoptive child and family studies;

(D) certification of agency facilities;

(E) admission assessments; and

(F) service planning.

"Unsupervised access to children" means an individual being present with children without personnel present who has a complete criminal history review.

"Volunteer" means an individual who provides services to the child-placing agency without compensation.

340:110-5-6. Organization and administration

Revised 11-2-15

(a) Purpose.The purpose or function of the child-placing agency (agency) is clearly defined in a statement filed with the Oklahoma Department of Human Services ~~(OKDHS)~~ (DHS).This includes the philosophy, goals and objectives, ages and characteristics of children accepted for care, geographical area of service, and types of services provided.

(b) Organizational structure.The legal basis or ownership of the agency is fully documented and submitted to ~~OKDHS~~ DHS with the initial ~~application~~ request for a license.

(1) Publicly operated agency.Documentation of a publicly operated agency identifies the statutory basis of the agency and the administrative framework of the governmental entity that operates the agency.

(2) Privately operated agency.A privately operated agency submits:

(A) as applicable, the charter, partnership agreement, constitution, and articles of incorporation resolution authorizing the agency operation;

(B) the names, titles, addresses, and telephone numbers for:

(i) association members or corporate officers for nonprofit agencies; or

(ii) owners, partners, or corporate officers of for-profit agencies;

(D) a notification informing ~~OKDHS~~ DHS of any change in the legal basis for operation or ownership before the change occurs.

(c) Governing and advisory boards.Private, nonprofit agencies establish a governing board and may also have an advisory board.Private, for-profit agencies without a governing board have an advisory board.

(1) The governing board:

(A) meets at least ~~twice a~~ two times each calendar year and maintains accurate minutes of each meeting;

(B) maintains ultimate responsibility for governing and delegates responsibility for administration of the agency to the executive director;

(C) specifies in the constitution and bylaws the responsibilities of and relationship between the governing board and executive director, and submits them to ~~OKDHS~~ DHS;

(D) submits to ~~OKDHS~~ DHS a current list of names, titles, addresses, and telephone numbers of the members of the governing board;

(E) members receive an orientation to board responsibilities upon appointment; and

(F) is composed of a minimum of five members, the majority of whom:

(i) may not be ~~made up of~~ agency staff members; and

(ii) reside in Oklahoma.Multi-state operations may have a governing board outside Oklahoma if they establish local advisory boards that meet the requirements in this subsection.

(2) The advisory board:

(A) meets at least ~~twice a~~ two times each calendar year;

(B) is comprised of members, the majority of whom:

(i) ~~reside in Oklahoma~~ may not be agency staff members; and

(ii) ~~may not be staff members of the agency~~ reside in Oklahoma;

(C) provides advice and counsel to the agency on the policies and operation of the agency, reflects local concerns, and represents the program to the community; and

(D) submits ~~to OKDHS~~ a current list of names, addresses, and telephone numbers of the members of the advisory board to DHS.

(d) Policy.

(1) Agency policy:

(A) is clearly written and kept current;

(B) includes, but is not limited to, areas governing personnel, admission, program, behavior management, and care of children; and

(2) The agency maintains current written policy and procedure regarding:

(A) ~~regarding~~ a child who is absent without permission.If When a child is not located, the agency immediately notifies the child's custodian and the appropriate law enforcement agency.Efforts to locate the child and notify appropriate ~~persons~~ individuals are documented;

(B) ~~regarding~~ grievance issues related to children.Grievance policy and procedure are explained, and a copy is provided to each child and the child's parents or custodian;

(C) ~~regarding~~ religious training ~~that is~~ made known to the child and family prior to admission or placement.All children are provided an opportunity to participate in religious services;

(D) ~~for~~ the care of children, including medical services and safe transportation by staff, volunteers, and foster parents, that complies with all applicable state laws; and

(E) ~~for~~ reporting child abuse and neglect.

(e) Notifications.The agency:

(1) notifies Licensing:

(A) on the next ~~working~~ agency business day when:

(i) the agency is temporarily or permanently closed;

(ii) the executive director ~~is changed~~ changes; or

(iii) damage to the premises caused by fire, accident, or the elements seriously affects the provision of services;

(iv) changes to liability insurance coverage are made; and

(B) prior to making any program change;

(2) submits a detailed written report for any serious incident involving staff or children, including, but not limited to:

(A) suicide attempts;

(B) injuries requiring medical treatment;

(D) commission of a crime; and

(E) allegations of abuse, neglect, or mistreatment, or human trafficking.The date and time of the incident, ~~name(s)~~ names of ~~the~~ staff and children involved, the nature of the incident, and the circumstances surrounding it are included in the report.

(i) ~~In accordance with Section 7103 of Title 10 of the Oklahoma Statutes, any~~ Any person who has reason to believe a child has been abused or neglected as described in 10 O.S. § 1-1-105 is required to report the matter promptly to the ~~statewide toll-free Child Abuse Hot Line,~~ DHS Child Abuse and Neglect Hotline, 1-800-522-3511 per Section 1-2-101 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-2-101).

(ii) Failure to report abuse or neglect of a child is a misdemeanor offense and upon conviction is punishable by law.Failure to report with prolonged knowledge, six months or more, of ongoing abuse or neglect is a felony offense.

(iii) Per 21 O.S. § 870, every person having reason to believe that a person or child-placing agency is engaging in the crime of trafficking in children, as described in 21 O.S. § 866 of the Oklahoma Statutes, reports the matter promptly to the Oklahoma Bureau of Narcotics and Dangerous Drugs Control.

(f) Records.Agency records pertaining to child-placing activity are maintained within the state of Oklahoma and are made immediately accessible to authorized representatives of ~~OKDHS~~ DHS.

(g) Legal compliance.The agency follows all applicable state and federal laws, including:

(1) The Oklahoma Adoption Code, ~~Sections 7501-1.1 through 7505-7.2 of Title 10 of the Oklahoma Statutes~~ 10 O.S. §§ 7501-1.1 through 7505-7.2;

(2) The Interstate Compact on the Placement of Children, ~~Section 571 of Title 10 of the Oklahoma Statutes~~ 10 O.S. § 571; and

(3) Federal and state Indian Child Welfare Acts, Section 1901 et seq. of Title 25 of the United States Code and ~~Sections 40 through 40.9 of Title 10 of the Oklahoma Statutes~~ 10 O.S. §§ 40 through 40.9.

PART 5. REQUIREMENTS FOR FOSTER HOME AGENCIES

340:110-5-57. Requirements for foster home agencies

Revised 11-2-15

(a) Agency responsibility.The licensed foster home agency (agency) retains legal responsibility for supervision, decision-making, and ensuring continuity of care.The agency is responsible for certification of the foster home to Child Care Services (CCS) Licensing, on Oklahoma Department of Human Services (DHS) provided forms ~~provided by the Oklahoma Department of Human Services (DHS) that verify~~ verifying the foster home meets minimum requirements.

(1) Criminal history records search.The agency conducts a criminal history records search for each member of the foster family ~~who is~~ 18 years of age or older.

(A) Authorized agencies.A criminal history records search is obtained from:

(i) the Oklahoma State Bureau of Investigation (OSBI); and

(ii) the authorized agency in ~~a person's~~ an individual's previous state of residence when the ~~person~~ individual has resided in Oklahoma for less than one year;

(iii) a Federal Bureau of Investigation (FBI) national criminal history search, based on the fingerprints of the individual; and

(iv) a search of any child abuse registry maintained by a state ~~in which~~ where the prospective foster parent or any adult living in the home of the prospective foster parent ~~has~~ resided in the past five years.

(B) Sex Offenders Registry.The OSBI report must include a search of the Oklahoma Department of Corrections files maintained by OSBI pursuant to the Sex Offenders Registration Act.

(2) Disqualifying crimes.A prospective foster parent is not an approved placement for a child when the prospective foster parent or any other ~~person~~ individual residing in the home of the prospective foster parent has been convicted of any of the following felony offenses:

(A) within the five-year period preceding the application date, physical assault, battery, or a drug-related offense;

(B) child abuse or neglect;

(D) a crime against a child, including, but not limited to, child pornography; or

(E) a crime involving violence including, but not limited to, rape, sexual assault, or homicide, but excluding those crimes specified in (A) of this paragraph.

(3) Certification.A copy of the certification is maintained in the foster home file.

(A) Certification of the foster home applies only to the location of the residence at the time the home study is made.

(B) If the family moves, the agency certifies the new location.

(4) Policy.The agency provides foster parents with agency policy relative to foster care.

(5) Medical services.The agency ensures the child in foster care receives appropriate medical services.

(6) Case planning.The agency is responsible for case planning.

(7) Supervision.The agency provides supervision at least once a month to each child in foster care, including private visits with the child in foster care, and on-site visits to the home, to assess the continued suitability of the foster home environment.

(8) Written agreement.The agency has a written agreement with the foster family, and provides the foster parents a copy of the agreement.The agreement includes statements:

(A) regarding the financial agreement, when applicable, between the agency and the foster home;

(B) ~~that~~ the foster home will not:

(i) accept a non-relative child from any source other than through the foster home agency without the approval of the certifying agency; or

(ii) provide child care on a regular basis;

(D) ~~that~~ the child in foster care is discharged from foster care only with the consent of the agency;

(E) ~~that~~ visitation by the child's parents or relatives must be approved by the agency;

(F) regarding absences of the child from the home, including respite care, as per agency policy;

(G) ~~that~~ the foster parents agree to cooperate with agency staff in evaluating the foster home and in the ongoing supervision of the foster home; and

(H) ~~that~~ the foster parents agree to contact the agency when a household member is alleged to have committed an act described in (a)(2) of this Section.

(9) Grievance policy and procedure.The agency has written grievance policy and procedure for foster parents and children.

(b) Foster home certification.Certification of the foster home includes written documentation of:

(1) application for foster home certification that includes prior child care experience with other agencies;

(2) appropriate immunizations for the foster parents' children;

(3) a statement from a health professional certifying ~~that~~ all members of the household ~~have~~ had a physical examination within one year prior to application, verifying ~~that~~ they:

(A) are in good health; and

(B) do not have a condition that would interfere with household members' ability to care for children;

(4) three written references from non-relatives who have knowledge of family functioning;

(5) a current, completed foster home study before the home is approved; and

(6) a criminal history records search conducted for each household member ~~who is~~ 18 years of age or older, per ~~OAC~~ Oklahoma Administrative Code (OAC) 340:110-5-57(a)(1) – (2).

(c) Foster home study.The agency prepares a written home study before approving the foster home and prior to placement of a child that contains at a minimum, information regarding:

(1) interviews and home visits.Interviews and home visits include documentation of at least one:

(A) separate face-to-face interview with each parent, school-age child, and any other household member;

(B) joint face-to-face interview; and

(2) household composition.Information regarding household composition includes each ~~person~~ individual residing in the home;

(3) criminal history records search.A criminal history records search is conducted on each household member ~~who is~~ 18 years of age or older, per OAC 340:110-1-57(a)(1) – (2), prior to the initial approval of the home and when a ~~new~~ household member, 18 years of age or older, moves into the home;

(4) foster child preferred.The foster home study includes statements regarding the applicant's preference for age, gender, and special needs of the child;

(5) motivation, attitudes, and expectations.The foster home study includes motivation and attitudes toward foster care and expectations regarding children in foster care;

(6) health.Health information for each household member includes:

(A) present physical health;

(B) emotional stability;

(D) ~~any history~~ histories of drug and/or alcohol use;

(7) family functioning;

(8) foster parents' marital status.The foster home study includes information regarding the marital status of the foster parents, such as present marital status, date of present marriage, description of the marriage or relationship, and history of previous marriages or significant relationships~~, date of present marriage, and~~ ~~description of the marriage or relationship~~;

(9) employment.The foster home study includes the employment ~~history~~ histories of family members;

(10) financial information.Financial information in the foster home study includes documentation of annual income;

(11) education.The foster home study includes information regarding the education of family members;

(12) religion.Information regarding religion includes the family's religious preference and practices;

(13) description of the home.The description of the home includes the:

(A) type of dwelling and physical description; and

(B) location of the home and description of the neighborhood;

(14) weapons and firearms.The foster home study includes the location of weapons and firearms, if any, and an explanation of safety precautions;

(15) transportation.Information regarding transportation includes the family's means of transportation and verification of:

(A) a valid ~~driver's~~ driver license for each family member who will transport a child in foster care;

(B) current vehicle license tag;

(D) an agreement to transport all children and adults in compliance with applicable state law, per Section 11-1112 of Title 47 of the Oklahoma Statutes;

(16) family history.The foster home study includes information regarding family history, including:

(A) names of parents and siblings;

(B) dates and places of birth;

(D) relationship with family members;

(E) social, cultural, and religious orientation; and

(F) information regarding the foster parent's childhood, including how they were disciplined;

(17) written references.The foster home study includes three written references from ~~persons~~ individuals who have information relative to the family's ability to provide foster care that include:

(A) name, address, and ~~telephone~~ phone number;

(B) when and how the ~~person~~ individual became acquainted with the applicants;

(D) information regarding family functioning; and

(E) opinions regarding personal qualities and ability to provide care for children in foster care; and

(18) recommendation.The foster home study includes the recommendation whether to approve the home that:

(A) is signed and dated by the ~~person~~ individual who conducted the foster home study and the child placement supervisor; and

(B) when approved, ~~contains~~ includes the type of child preferred and number of children for which the home is approved.

(d) Annual home study updates.The foster home study is updated annually to include:

(1) documentation of a home visit;

(2) documentation of a face-to-face interview with each parent, school-age child, and any other household ~~member~~ members;

(3) current vehicle insurance verification; and

(4) reports of any significant changes from the initial home study.

(e) Foster parent training.The agency provides and documents ~~that~~ each foster parent ~~has~~ received, at a minimum:

(1) six hours of orientation or pre-service training prior to approval of the foster home or placement of a child ~~and includes~~ including, at a minimum:

(A) organizational structure of the agency;

(B) agency policy;

(D) confidentiality;

(E) mandatory reporting of child abuse;

(F) grievance process;

(G) emergency medical procedures; ~~and~~

(H) fire and disaster plans; and

(I) skills and knowledge on application of reasonable and prudent parent standard;

(2) six additional hours of training within the first calendar year of certification ~~that is~~ relevant to the needs of the child placed in the foster parent's care and is documented by the agency to include, but is not limited to:

(A) normal child development;

(B) behavior management;

(D) infection control and injury prevention; and

(3) 12 hours of training each calendar year thereafter that is relevant to foster parents' roles and responsibilities and may include workshops and video presentations.

340:110-5-58. Requirements for foster parents

Revised 11-2-15

(a) General.Foster parents provide the foster home agency (agency) any information related to compliance with all requirements and allow representatives of the agency access to any member of the household and into all rooms within the home.Foster parents:

(1) are responsible, mature, healthy adults capable of meeting the needs of the children in care;

(2) apply the reasonable and prudent parent standard;

~~(2)~~(3) demonstrate a capacity for setting realistic expectations for behavior and performance based on the ages, abilities, and special needs of the children;

~~(3)~~(4) may be married ~~couples~~, single ~~persons~~, or family members with a stable living arrangement; and

~~(4)~~(5) ensure ~~that~~ all members of the household are informed of and agree to accept the child into the home.

(b) Age.Foster parents are at least 21 years of age.

(c) Income and employment.Foster parents have sufficient income to meet their needs and ensure the security and stability of the household independent of foster care maintenance payments, if when applicable.

(1) Foster parents who both work outside the home obtain approval from the agency for their plan of care for the children during ~~their absence~~ the parents' absences.

(2) Foster parents obtain approval from the agency to conduct a business in the home and demonstrate that ~~the~~ activities related to this business ~~will~~ do not interfere with the children's care ~~of the children~~.

(d) Notifications.Foster parents comply with the requirements pertaining to notifications.Foster parents notify the agency:

(1) in writing prior to allowing any ~~person~~ individual to ~~take up residence~~ reside for more than ~~two weeks~~ 14-calendar days, in the foster home;

(2) immediately of the occurrence of:

(A) the death of a child;

(B) a serious injury or illness involving medical treatment of the child;

(D) removal of the child from the home by any ~~person~~ individual or agency other than the placing agency, or attempts at such removal;

(E) loss of income that affects the family's ability to meet the needs of the children in foster care;

(F) any involvement of a child with legal authorities;

(G) any known arrests, criminal investigations, criminal charges, or child abuse investigations involving persons living in the home;

~~(G)~~(H) any fire or other emergency requiring evacuation of the home; and

~~(H)~~(I) lack of heat, water, or electricity; and

(3) as soon as possible of:

(A) any serious illness or death in the household;

(B) the departure or return of any member of the household;

(D) any other circumstance or incident seriously affecting the child or care of the child; and

(E) any allegations of child abuse.

(e) Cooperation.Foster parents work cooperatively with agency representatives as members of the treatment team responsible for planning, providing, and discussing the total care and services provided to each child.Foster parents:

(1) fully disclose all information related to a child's problems or progress to agency representatives;

(2) treat any personal information about a child or the child's family in a confidential manner; and

(3) participate in an annual, mutual review with the agency to evaluate ~~the~~ strengths and weaknesses of the foster home and of agency representatives' relationships with foster parents.

340:110-5-61. Children's rights

Revised 11-2-15

The foster home agency (agency) ensures ~~that~~ the child in foster care is:

(1) not forced to participate in publicity or promotional activities;

(2) not publicly identified as a ward of the agency;

(3) provided an opportunity to participate in religious services;

(4) supplied with facilities and supplies for personal care, hygiene, and grooming;

(5) supplied with his or her own clothing and shoes appropriate to the season, age, activities, and individual needs and comparable to that of other children in the community;

(6) provided individual space in the foster home for the child's personal possessions and a reasonable degree of privacy.

(A) The child has the right to bring, possess, and acquire personal belongings subject only to reasonable household rules and the child's service plan.

(B) Personal belongings are sent with the child when the child leaves the home;

(7) expected to perform only household tasks that are within the child's abilities, reasonable for the child's age, and similar to those expected of other household members of comparable age and ability;

(8) given guidance in managing money.

(A) Money earned by the child or received as a gift or allowance is the child's personal property.

(B) The child is not required to use earned money to pay for room and board, unless it is a part of the service plan and approved by the parent or custodian and the agency;

(9) allowed privacy in writing, sending, or receiving correspondence, unless restricted by the service plan;

(10) not denied meals as punishment;

(11) not subjected to remarks that belittle or ridicule the child or the child's family;

(12) allowed to visit with the child's family~~, in accordance with~~ per the service plan;

(13) not forced to acknowledge dependency on the agency or foster home or gratitude to them;

(14) given the opportunity, at the child's or agency's request, for private conversation with the agency's staff members ~~who are~~ responsible for the child's supervision; ~~and~~

(15) provided educational opportunities ~~in accordance with~~ per the child's plan of care.; and

(16) provided regular opportunities to engage in age appropriate or developmentally appropriate activities.