Rule Impact Statement
To: Programs administrator
Legal Services
From: Michael C. Williams, Director
Date: May 28, 2025
Re: CHAPTER 75. CHILD WELFARE SERVICES
Subchapter 6. Permanency Planning
Part 1. General Provisions [REVOKED]
340:75-6-1 [REVOKED]
340:75-6-4 [REVOKED]
Part 5. Permanency Planning Services [REVOKED]
340:75-6-30 [REVOKED]
340:75-6-31 [REVOKED]
340:75-6-31.1 [REVOKED]
340:75-6-31.2 [REVOKED]
340:75-6-31.3 [REVOKED]
340:75-6-31.4 [REVOKED]
340:75-6-31.5 [REVOKED]
Part 7. Family and Child Individualized Service Planning Components [REVOKED]
340:75-6-40 [REVOKED]
340:75-6-40.1 [REVOKED]
340:75-6-40.2 [REVOKED]
340:75-6-40.3 [REVOKED]
340:75-6-40.4 [REVOKED]
340:75-6-40.5 [REVOKED]
340:75-6-40.6 [REVOKED]
340:75-6-40.8 [REVOKED]
340:75-6-40.9 [REVOKED]
340:75-6-44 [REVOKED]
340:75-6-45 [REVOKED]
340:75-6-46 [REVOKED]
Part 8. Child Welfare Specialist Role [REVOKED]
340:75-6-48 [REVOKED]
340:75-6-48.1 [REVOKED]
340:75-6-48.3 [REVOKED]
340:75-6-49 [REVOKED]
340:75-6-50 [REVOKED]
Part 11. Permanency Planning and Placement Services [REVOKED]
340:75-6-85 [REVOKED]
340:75-6-85.2 [REVOKED]
340:75-6-85.4 [REVOKED]
340:75-6-85.5 [REVOKED]
340:75-6-85.6 [REVOKED]
340:75-6-86 [REVOKED]
340:75-6-89 [REVOKED]
340:75-6-91 [REVOKED]
340:75-6-92 [REVOKED]
Part 13. Successful Adulthood [REVOKED]
340:75-6-110 [REVOKED]
Part 14. Overview of Permanency Planning [NEW]
340:75-6-150 [NEW]
340:75-6-160 [NEW]
340:75-6-170 [NEW]
Part 15. Permanency Plans [NEW]
340:75-6-200 [NEW]
340:75-6-210 [NEW]
340:75-6-211 [NEW]
340:75-6-220 [NEW]
340:75-6-230 [NEW]
340:75-6-240 [NEW]
340:75-6-241 [NEW]
340:75-6-242 [NEW]
340:75-6-243 [NEW]
340:75-6-244 [NEW]
340:75-6-250 [NEW]
340:75-6-260 [NEW]
340:75-6-270 [NEW]
340:75-6-280 [NEW]
Part 16. Required Contacts and Engagement with Families and Collaterals [NEW]
340:75-6-300 [NEW]
340:75-6-310 [NEW]
340:75-6-320 [NEW]
340:75-6-330 [NEW]
340:75-6-340 [NEW]
Part 17. Special Circumstance Protocols [NEW]
340:75-6-400 [NEW]
340:75-6-410 [NEW]
340:75-6-420 [NEW]
340:75-6-430 [NEW]
340:75-6-440 [NEW]
340:75-6-450 [NEW]
340:75-6-460 [NEW]
340:75-6-470 [NEW]
340:75-6-480 [NEW]
Part 18. Court Practices [NEW]
340:75-6-500 [NEW]
340:75-6-510 [NEW]
340:75-6-520 [NEW]
340:75-6-530 [NEW]
Part 19. Responsibilities for Child and Family Well-Being [NEW]
340:75-6-600 [NEW]
340:75-6-610 [NEW]
340:75-6-620 [NEW]
340:75-6-630 [NEW]
Part 20. Mental Health Treatment Services [NEW]
340:75-6-700 [NEW]
340:75-6-705 [NEW]
340:75-6-710 [NEW]
340:75-6-715 [NEW]
340:75-6-720 [NEW]
340:75-6-725 [NEW]
340:75-6-730 [NEW]
340:75-6-735 [NEW]
340:75-6-740 [NEW]
340:75-6-745 [NEW]
340:75-6-750 [NEW]
340:75-6-755 [NEW]
340:75-6-760 [NEW]
Part 21. Successful Adulthood [NEW]
340:75-6-800 [NEW]
Subchapter 7. Foster Home Care
Part 1. General Provisions
340:75-7-2 [AMENDED]
Part 2. Development of Resource Families
340:75-7-14 [AMENDED]
340:75-7-15 [AMENDED]
340:75-7-19 [AMENDED]
Part 4. Roles and Respondibilities
340:75-7-37.1 [AMENDED]
Part 6. Resource Home Support Services
340:75-7-65 [AMENDED]
Part 8. Resource Home Continuous Quality Assessment
340:75-7-94 [AMENDED]
Subchapter 14. Well-Being [REVOKED]
340:75-14-1 [REVOKED]
340:75-14-2 [REVOKED]
340:75-14-3 [REVOKED]
340:75-14-4 [REVOKED]
Subchapter 15. Adoptions
Part 14. Post Adoption Services
340:75-15-124 [AMENDED]
340:75-15-128.1 [AMENDED]
340:75-15-128.4 [AMENDED]
340:75-15-128.5 [AMENDED]
Subchapter 16. Behavioral Health Treatment Services [REVOKED]
Part 1. Inpatient Behavioral Health Treatment Services [REVOKED]
340:75-16-28 [REVOKED]
340:75-16-29 [REVOKED]
340:75-16-30 [REVOKED]
340:75-16-31 [REVOKED]
340:75-16-32 [REVOKED]
340:75-16-33 [REVOKED]
340:75-16-35 [REVOKED]
340:75-16-36 [REVOKED]
340:75-16-37 [REVOKED]
340:75-16-38 [REVOKED]
340:75-16-39 [REVOKED]
340:75-16-36 [REVOKED]
Part 3. Outpatient Behavioral Health Care Services [REVOKED]
340:75-16-45 [REVOKED]
340:75-16-46 [REVOKED]
(Reference WF 26-75)
Contact: Mark Carson, Policy & Forms Programs Administrator, 918-607-0308
A. Brief description of the purpose of the proposed rule:
The proposed amendments to Chapter 75 Subchapter 6 update the structure and order of the subchapter in order to enhance accessibilty and clarity for Child Welfare Servies (CWS) staff.
The proposed amendments to Chapter 75 Subchapter 7 revise language and requirements for background checks and yearly updates of foster family homes.
The proposed amendments to Chapter 75 Subchapter 15 include : (1) providing specific limitations of respite voucers; (2) specifying determination and eligibility for child care as part of adoption assistance; (3) detailing circumstances which may allow for continued eligibility, extension, or termination of adoption assistance; (4) updating definitions of special needs categories for adopted children; and (5) providing or approving certain special adoption assistance rates.
(i) Purpose.
Actions to implement the Pinnacle Plan goals led Oklahoma Human Services (OKDHS) to develop a continuum of foster care that seeks to reduce the number of placement moves a child may require because the current placement is unable to meet the child's behavioral, mental, and developmental needs. By providing additional services to a child's current placement without requiring a move, a child may experience less trauma, improved placement stability, and timelier permanency through reunification, adoption, or guardianship. Furthermore, the Family First Prevention Services Act (FFPSA) emphasizes placing children in family-based settings by limiting federal funding for placements that aren't family-based. These amendments revise policy to address practice changes that address the Pinnacle Plan goals and FFPSA criteria.
(I) Rule classification. The proposed amendments are classified as non-major rules as they will not exceed one million dollars over the initial five-year period following the promulgation of the proposed rule.
(II) A determination whether the proposed rule is mandated by federal law, or as a requirement for participation in, or implementation of, a federally subsidized or assisted program. The proposed rules are not resultant of any new or revised federal law or mandate. The proposed rules reflect an effort to clarify existing rules, improve accessibility and readability, and ensure consistency of practice.
(III) A determination whether the proposed rule exceeds the requirements of the applicable federal law. The proposed rules are consistent with applicable federal law, and do not exceed the requirements of existing statute. The requirement for foster home yearly assessments is consistent with 25 C.F.R. § 20.509(g). The proposed amendments regarding adoption assistance agreements are consistent with 45 C.F.R. § 1356.40.
(IV) A summary and preliminary comparison of any existing or proposed federal regulations that are intended to address the activities to be regulated by the proposed rule. The proposed rules are not resultant of any new or revised federal mandate, but are consistent with existing statute in 25 C.F.R. § 20.509(g) and 45 C.F.R. § 1356.40.
(ii) Strategic Plan Impact.
The proposed amendments to Chapter 75 Subchapter 6 achieve OKDHS goals by ensuring improved readibility and accessability of policy.
The proposed amendment to Chapter 75 Subchapter 3 achieves OKDHS goals by ensuring policy reflects statutory requirements related to child abuse and neglect system searches which benefits children, adoptive families, and staff.
The proposed amendments to Chapter 75 Subchapter 7 achieve OKDHS goals by increasing flexibility for yearly foster home updates in a manner beneficial to resource homes.
The proposed amendments to Chapter 75 Subchapter 15 achieve OKDHS goals by providing updated instruction and process regarding adoption assistance eligibility and special rates.
(iii) Substantive changes.
Subchapter 6. Permanency Planning
The entire Subchapter is revoked and renumbered to enhance accessibility and clarity of policy for CWS staff.
Subchapter 7. Foster Home Care
Part 1. General Provisions
Oklahoma Administrative Code (OAC) 340:75-7-2 is amended to update the definition and requirements of yearly updates as required once within the calendar year.
Part 2. Development of Resource Families
OAC 340:75-7-14 is amended to clarify the requirement for kinship foster families to complete training prior to placement whenever feasible, consistent with Section 1-9-116 of Title 10A of the Oklahoma Statutes.
OAC 340:75-7-15 is amended to re-insert guidance on out-of-state child welfare registry checks.
Part 6. Resource Home Support Services
OAC 340:75-7-65 is amended to update the definition and requirements of yearly foster home updates.
Part 8. Resource Home Continuous Quality Assessment
OAC 340:75-7-94 is amended to update the definition and requirements of yearly foster home updates.
Subchapter 15. Adoptions
Part 14. Post Adoption Services
OAC 340:75-15-124 is amended to clarify availability of respite vouchers for adoptive families is subject to available funding.
OAC 340:75-15-128.1 is amended to update eligibility requirements and categories for child care and adoption assistance funding.
OAC 340:75-15-128.4 is amended to clarify special categories wherein an adopted child may not be placed without adoption assistance.
OAC 340:75-15-128.5 is amended to provide for special approvals for certain adoption assistance rates.
(iv) Reasons.
Chapter 75 Subchapter 6: The proposed amendments restructure and renumber the Subchapter.
Chapter 75 Subchapter 7: The proposed amendments revise the requirements for out-of-state child welfare registry checks and for yearly foster home updates to occur within the calendar year.
Chapter 75 Subchapter 15: The proposed amendments clarify eligibility and special categories for adoption assistance funding.
(v) Repercussions.
Chapter 75 Subchapter 6: The proposed amendments restructure and renumber the Subchapter in a way that improve outcomes for CWS staff.
Chapter 75 Subchapter 7: The proposed amendments revise current practice regarding out-of-state registry checks and yearly foster home updates that improve outcomes for children and placement providers.
Chapter 75 Subchapter 15: The proprosed amendments clarify eligibility and special categories for adoption assistance funding that improve outcomes for children and adoptive families.
(vi) Legal authority.
Director of Human Services; Section 162 of Title 56 of the Oklahoma Statues (56 O.S. § 162); Chapter 75 Subchapter 6: 10A O.S §§ 1-1-102, 1-4-703, 1-4-704, 1-4-805, 1-4-806, and Title IV-E of the Social Security Act, as amended by the Family First Prevention Services Act, Public Law (P.L.) 115-123. Chapter 75 Subchapter 7: 10A O.S §§ 1-7-101, 1-7-109, 1-9-116, and 1-9-119. Chapter 75 Subchapter 15: 10 O.S. §§ 40 et seq., 7501-1.1 et seq., 7700-102, 7700-204; 10A O.S. § 1-4-706; 18 U.S.C. § 16; 25 U.S.C. 1901 et seq., Adoption and Safe Families Act, P.L. 105-89, Multiethnic Placement Act of 1994, as amended by the Interethnic Provisions of 1996 (MEPA/IEP), P.L. 96-272, Titles IV-E and XX of the Social Security Act; Section 1355.20 of Title 45 Chapter XIII of the Code of Federal Regulations (45 C.F.R. § 1355.20), 45 C.F.R. § 1356.
(vii) Permanent rulemaking approval is requested.
B. A comprehensive analysis of the rule's economic impact on the Agency, including but not limited to, full-time employee count and any costs or benefits. The analysis includes a detailed explanation of the methodology and assumptions used to determine the economic impact, including, whenever possible, the dollar amounts calculated.
The proposed amendments are not expected to have an economic impact on the Agency, so no comprehensive analysis of impact is needed at this time.
C. A comprehensive analysis of the rule's economic impact outside the Agency, including a detailed quantification of implementation and compliance costs on the affected businesses, business sectors, public utility ratepayers, individuals, state or local government units, and on the state economy. The analysis includes a detailed explanation of the methodology and assumptions used to determine the economic impact, including, whenever possible, the dollar amounts calculated, as well as a list of fee changes with a separate justification for each fee change:
The proposed amendments are not expected to have an economic impact outside the Agency, so no comprehensive analysis of impact is needed at this time.
D. 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 6: The classes of persons most likely to be affected by the proposed amendment are CWS staff. The affected classes bear no costs associated with the implementation of the rule.
Chapter 75 Subchapter 7: The classes of persons most likely to be affected by the proposed amendments are CWS staff, resource applicants, children in OKDHS custody, and placement providers. The affected classes bear no costs associated with the implementation of the rule.
Chapter 75 Subchapter 15: The classes of persons most likely to be affected by the proposed amendments are CWS staff, children in OKDHS custody, and adoptive families. The affected classes bear no costs associated with the implementation of the rule.
E. A description of the classes of persons who will benefit from the proposed rule: Chapter 75 Subchapter 6: The classes of persons who will benefit are CWS staff.
Chapter 75 Subchapter 7: The classes of persons who will benefit are CWS staff, resource applicants, placement providers, and children in OKDHS custody.
Chapter 75 Subchapter 15: The classes of persons who will benefit are CWS staff, adoptive parents, and children in OKDHS custody.
F. 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 proposed amendments do not have an economic impact on the affected entities.
G. 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 amendments 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.
H. 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: No adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act are anticipated.
I. A description of any measure taken by the Agency to minimize the cost and impact of the proposed rule on business and economic development in this state, local government units of this state, and individuals: Less costly, non-regulatory, or less intrusive methods are not available for achieving the purpose of the proposed amendments.
J. 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 amendments clarifies and updates rules that facilitate quicker, more efficient service delivery to children and families and may reduce risks to children's health, safety, and environment.
K. A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed amendments are not implemented, processes may not be followed as intended, thus delaying services to persons in need and placing children at risk.
L. An analysis of alternatives to adopting the rule: As the proposed amendments require modification of rules to guide practice and enhance readability and accessibility of existing rules, there are no alternatives to modification of existing rules.
M. Estimates of the amount of time that would be spent by state employees to develop the rule and of the amount of other resources that would be utilized to develop the rule: The rule modifications will be incorporated into existing training and other information dissemination methods. The estimated time spent by state employees to modify and disseminate existing materials is not expected to exceed 100 hours.
N. The date the rule impact statement was prepared and, if modified, the date modified: Prepared May 28, 2025; modified August 26, 2025
