Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 75 - Child Welfare Services
Subchapter 11 - Child Welfare Community-Based Residential Care
Part 17 - CONTRACTED COMMUNITY-BASED RESIDENTIAL CARE PROVIDERS
Section 340:75-11-230 - Purpose, legal basis, and definitions
Universal Citation: OK Admin Code 340:75-11-230
Current through Vol. 42, No. 1, September 16, 2024
(a) Purpose.
(1) The community-based
residential care (CBRC) program serves children in Oklahoma Human Services
(OKDHS) custody or tribal custody whose treatment needs cannot be met in a
family setting, but whose treatment needs do not require inpatient psychiatric
care.
(2) OKDHS contracts for
different levels of CBRC placements that vary according to the intensity and
individualized treatment needs of children.
(b) Legal basis.
(1) Section
1-7-103 of Title 10A of the
Oklahoma Statutes (10A O.S. § 1-7-103) requires OKDHS review and assess
each child in OKDHS custody to determine the type of placement consistent with
the child's treatment needs in the nearest geographic proximity as possible to
the child's home.
(2) 10A O.S.
§ 1-9-110 requires OKDHS, to the extent of funds available, directly, or
by grant or contract, to implement a diversity of CBRC for children who are
alleged or adjudicated deprived. When a child is placed with a non-custodial
parent, the non-custodial parent's home is construed to be the child's home
community. CBRC is care in a:
(A) qualified
residential treatment program;
(B)
group home;
(C) community
residential center; or
(D) similar
non-secure facility consistent with the child's individualized treatment needs
and provided, whenever practical, in or near the child's home
community.
(c) Definitions. The following words and terms, when used in this Subchapter, have the following meanings, unless the context clearly indicates otherwise:
(1)
"Age-appropriate"
or "developmentally-appropriate" means:
(A) activities or items that are generally
accepted as suitable for children of the same age or level of maturity, or that
are determined to be developmentally-appropriate for a child, based on the
development of cognitive, emotional, physical, and behavioral capacities that
are typical for an age or age group; and
(B) in the case of a specific child,
activities or items that are suitable for that child based on the developmental
stages attained by the child with respect to the cognitive, emotional,
physical, and behavioral capacities of the specific child, per 10A O.S. §
1-1-105.
(2)
"Behavioral health" means mental health, substance use or abuse,
or co-occurring mental health and substance use or abuse diagnoses, and the
continuum of mental health, substance use or abuse, or co-occurring mental
health and substance use or abuse treatment.
(3)
"Community-based services"
or "community-based programs" mean services or programs, which
maintain community participation or supervision in their planning, operation,
and evaluation. Community-based services and programs may include, but are not
limited to, emergency shelter, crisis intervention, group work, case
supervision, job placement, recruitment and training of volunteers,
consultation, medical, educational, home-based services, vocational, social,
preventive and psychological guidance, training, counseling, early intervention
and diversionary substance use or abuse treatment, sexual abuse treatment,
transitional living, successful adulthood, and other related services and
programs.
(4)
"Corrective
action plan (CAP)" means steps, actions, or strategies taken to correct
or address behaviors or conditions associated with abuse, neglect, or areas of
concern related to an individual employee of a facility.
(5)
"Facility" means a place, an
institution, a building or part thereof, a set of buildings, or an area whether
or not enclosing a building or set of buildings, used for the lawful custody
and treatment of children.
(6)
"Facility action step (FAS)" means all actions, steps, or
strategies to correct or address areas of concern identified within a facility
including, but not limited to, the culture of care, services, or contract
compliance.
(7)
"Facility
services plan (FSP)" means a yearly, progressive document specific to
each facility identifying issues impacting child safety within the facility's
culture of care including, but not limited to, hiring, training, supervision,
services, or contract compliance. The FSP includes all CAPs, FASs, notices to
comply, and written plans of compliances related to the specific
facility.
(8)
"Family-style
living program" means a residential program providing sustained care and
supervision to residents in a home-like environment not located in a building
used for commercial activity, per 10A O.S. § 1-1-105
(9)
"Group home" means a
residential facility licensed by OKDHS to provide full-time care and
community-based services for more than five but fewer than 13
children.
(10)
"Intensive
treatment services" means a contracted nine-bed program that provides
seven-calendar day crisis intervention services for children in OKDHS
custody.
(11)
"Mental
health" means behavioral health, substance use or abuse, or co-occurring
mental health and substance use or abuse diagnoses, and the continuum of mental
health, substance use or abuse, or co-occurring mental health and substance use
or abuse treatment.
(12)
"Missing from Care" means the child in OKDHS custody or tribal
custody is not present in a placement and does not have permission to be
absent.
(13)
"Normalcy" means the child's emotional developmental growth is
encouraged by allowing the child to participate in age-appropriate and
developmentally-appropriate extracurricular, enrichment, cultural, and social
activities, using a reasonable and prudent parent standard.
(14)
"Notice to comply" means a
formal written notice sent to a facility to indicate a CAP or FAS was not
completed within agreed upon timeframes.
(15)
"Plan for immediate safety"
means actions taken to immediately control any significant and clearly
observable condition that is present and is endangering or threatening to
endanger a child in a residential facility.
(16)
"Qualified residential treatment
program" means a program that, per 10A O.S. § 1-1-105:
(A) has a trauma-informed treatment model
designed to address the needs, including clinical needs, as appropriate, of
children with serious emotional or behavioral disorders or disturbances. The
program is able to implement the child's identified treatment from a required
assessment;
(B) has registered or
licensed nursing staff and other licensed clinical staff who:
(i) provide care within the scope of their
practice as defined by Oklahoma laws;
(ii) are on-site according to the treatment
model referred to in (A) of this paragraph; and
(iii) are available 24 hours a day, seven
days a week;
(C)
facilitates participation of family members in the child's treatment program,
to the extent appropriate, and in accordance with the child's best
interest;
(D) facilitates outreach
to the child's family members including siblings; documents how the outreach is
made including contact information; and maintains contact information for any
of the child's known biological family;
(E) documents how family members are
integrated into the child's treatment process, including post-discharge, and
how sibling connections are maintained;
(F) provides discharge planning and
family-based aftercare support for at least six months post-discharge;
and
(G) is licensed and accredited
by any of the following independent, not-for-profit organizations:
(i) the Commission on Accreditation of
Rehabilitation Facilities (CARF);
(ii) the Joint Commission on Accreditation of
Healthcare Organizations (JCAHO);
(iii) the Council on Accreditation (COA);
or
(iv) any other
federally-approved, independent, not-for-profit accrediting
organization.
(17)
"Reasonable and prudent parent
standard" means the standard characterized by careful and sensible
parental decisions that maintain the child's health, safety, and best interests
while at the same time encouraging the child's emotional and developmental
growth. This standard is used by the child's caregiver when determining whether
to allow a child to participate in extracurricular, enrichment, cultural, and
social activities, per 10A O.S. § 1-1-105.
(A) For purposes of this definition, the term
"caregiver" means a foster parent with whom a child in foster care is placed, a
representative of a group home where a child is placed, or a designated
official for a residential child care facility where a child in foster care is
placed.
(B) Each CBRC provider must
ensure that at least one employee is designated and authorized to apply the
reasonable and prudent parent standard to decisions involving the participation
of a child in age-appropriate or developmentally-appropriate activities. The
authorized CBRC employee is provided with training on how to use and apply the
reasonable and prudent parent standard.
(18)
"Residential child care
facility" means a 24-hour residential facility where children live
together with or are supervised by adults who are not their parents or
relatives, per 10A O.S. § 1-1-105.
(19)
"Serious emotional
disturbance" means a disability persisting for six months or longer as
defined by the most-recently published version of the Diagnostic and
Statistical Manual of Mental Disorders or International Classification of
Disease whereby the child exhibits psychotic symptoms of a serious mental
illness or difficulties that interfere or limit social, behavioral, cognitive,
communicative, or adaptive skills.
(20)
"Sexual exploitation"
means, per 10A O.S. § 1-1-105, any person 18 years of age and older, or a
person responsible for the health, safety, or welfare of a child:
(A) allowing, permitting, encouraging, or
forcing a child to engage in prostitution, as defined by law; or
(B) allowing, permitting, encouraging, or
engaging in the lewd, obscene, or pornographic, as defined by law,
photographing, filming, or depicting of a child in those acts.
(21)
"Written plan of
compliance" means the formal accountability process for facilities and
when not adhered to within 30-calendar days results in adverse contract
actions.
Added at 18 Ok Reg 680, eff 1-10-01 (emergency); Added at 18 Ok Reg 2128, eff 6-11-01; Amended at 22 Ok Reg 1270, eff 5-26-05; Amended at 27 Ok Reg 1092, eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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