Current through Vol. 42, No. 1, September 16, 2024
(b)
Mandate to conduct background information search. 10A O.S. §
1-7-111 and the Oklahoma Child Care Facilities Licensing Act, 10 O.S.
§§ 401 et seq. mandate that a national criminal history records
search based on the submission of fingerprints and a child abuse and neglect
information system check be conducted for each applicant and each household
member 18 years of age and older that is not a foster child. The applicant and
each adult household member complete and sign Forms 04AF001E, Resource Family
Application, and 04AD003E, Request for Background Check to authorize OKDHS to
conduct a search into the applicant's and adult household member's criminal
history records and OKDHS records.
(c)
Form 04AF004E,House
assessment. An in-home evaluation of the applicant's residence is
conducted to assess the location, condition, and capacity to accommodate the
child in OKDHS custody who requires foster care. Form 04AF004E includes an
assessment of (1) through (13) of this subsection.
(1) The home's location. The home is
accessible to school, medical, and recreational resources.
(2) The home's and property's condition. The
home is clean and safe and any structures on the property that are accessible
to a child are in a safe condition. The home and surroundings are evaluated
regarding possible safety concerns and addressed with a plan of supervision,
when applicable.
(3) Available play
space. Adequate and safe indoor and outdoor space for play activities is
available. Outdoor recreational equipment on the resource home's grounds, such
as swing sets, riding toys, trampolines, or tree houses are clean and are
maintained in good repair.
(4)
Age-appropriate equipment. Age-appropriate child care equipment, such as beds,
high chairs, or toys are available, clean, and in good repair.
(5) Medication, cleaning supplies, and other
hazardous materials storage. Medication, cleaning supplies, and other hazardous
materials are securely stored to ensure safety for all children.
(6) Phone communications. An operable phone
is available in the home when a child is present.
(7) Transportation.
(A) The applicant:
(i) maintains a vehicle in safe working order
that is capable of transporting children and:
(I) carries the statutorily mandated vehicle
liability insurance;
(II) possesses
a valid driver license; and
(III)
has a current, valid vehicle license tag; or
(ii) provides an acceptable transportation
plan for the child in OKDHS custody.
(B) The applicant is advised that proper
passenger restraints are used at all times when a child in OKDHS custody is
riding in a vehicle.
(C) The
applicant agrees to transport all children and adults in compliance with
applicable state law, per 47 O.S. § 11-1112.
(8) Sleeping arrangements and privacy.
(A) The applicant's home provides a separate
bed for each child, with the exception of siblings younger than 6 years of age
who exhibit a need for mutual support.
(B) A separate bedroom is provided for a
child who acts out sexually.
(C)
Preferably, no more than two children share a bedroom. Primary consideration is
given to related children according to age and emotional needs.
(D) The applicant's home provides separate
bedrooms for children 7 years of age and older of the opposite sex.
(E) A child in OKDHS custody, with the
exception of an infant who is younger than 12 months of age, does not share a
bedroom with an adult in the household. Under no circumstances is a child of
any age authorized to sleep with an adult.
(F) The applicant's home provides space for
the child's personal possessions and for a reasonable degree of
privacy.
(G) The applicant may not
designate a room, such as the living room, utility room, den, dining room,
pantry, or unconverted garage as a bedroom for a child in OKDHS custody unless
the room is specifically designed as a bedroom.
(9) Infant sleeping arrangements. A crib,
port-a-crib, or playpen with a firm, waterproof mattress or pad is used for
each child younger than 12 months of age.
(A)
Cribs, port-a-cribs, and playpens with more than two and 3/8 inches between
slats or between the side and end panels are not allowed.
(B) Cribs with decorative cutout areas in
crib-end panels or tall decorative knobs on the corner posts that may entrap a
child's head or catch the child's clothing are not allowed.
(C) Cribs with drop-side latches have the
manufacturer-provided kits to lock the crib side in the upright position due to
safety hazards.
(D) Mattresses are
tight-fitting with no more than one inch between the mattress and crib,
port-a-crib, or playpen.
(E)
Mattress and crib sheets fit snugly.
(F) Soft sleeping surfaces, such as soft
mattresses, waterbeds, sofas, pillows, beanbag chairs, and inflatable mats are
prohibited.
(G) Pillows, quilts,
comforters and blankets, sheepskins, stuffed toys, bumper pads, breathable
bumper pads, and other soft products are not permitted in the infant's crib,
port-a-crib, or playpen.
(H)
Infants birth through three months of age may be swaddled with an infant-sized,
thin fabric, such as a receiving blanket.
(I) When placed for sleeping, items, such as
pacifiers, teething necklaces, and bibs, are not attached to the infant or his
or her clothing.
(J) An infant is
immediately moved to a crib, port-a-crib, or playpen when he or she falls
asleep in other equipment.
(K)
Mobiles may be securely attached or hung above the crib provided no part of the
mobile is within the infant's reach.
(10) Infant sleep positions.
(A) To reduce the risk of Sudden Infant Death
Syndrome (SIDS), the infant younger than 12 months of age is placed on his or
her back for sleeping, unless there is a medical reason documented by a health
care professional that the infant cannot sleep on his or her back.
(B) The infant who is able to turn himself or
herself over is placed initially on his or her back for sleeping but is allowed
to sleep in the position he or she prefers.
(11) Water safety.
(A) Form 04MP061E, Water Safety Agreement, is
completed for all applicants.
(B)
The definition of a water structure or water mass includes, but is not limited
to:
(i) swimming pools;
(ii) decorative ponds;
(iii) farm ponds or streams;
(iv) fountains;
(v) wading pools;
(vi) hot tubs or spas; and
(vii) waterfalls.
(C) Any activity that involves a child in
OKDHS custody wading or swimming is supervised at all times.
(D) All applicable laws, ordinances, rules
and regulations, and insurance requirements for pools are followed.
(E) A hot tub is equipped with a hard cover
designed for a hot tub.
(F) The use
of portable wading pools is monitored at all times. The wading pool is emptied
at the end of each use.
(G) A water
Safety Plan is developed and each adult identified to provide supervision for
the child during water activities signs the water safety plan. The water Safety
Plan includes appropriate measures to ensure the child's safety. Appropriate
measures may include, but are not limited to:
(i) fencing. A water structure or water mass
is fenced to prevent unsupervised access. There is a sturdy fence:
(I) at least four feet high that cannot be
easily climbed; or
(II) that
connects to the top of an above-ground pool and extends two feet above the pool
or follows other specified safety guidelines; or
(ii) pool covers. A child-safety pool cover
is placed over the water area each time the pool is not in use. Pool covers are
completely removed prior to pool use;
(iii) locked doors. All doors and gates
leading to the water structure, are locked;
(iv) pool alarms. Pool alarms are installed
and operating when the pool is not in use;
(v) removable ladders. Removable ladders are
removed from the water structure when not in use;
(vi) safety devices, such as lifejackets or
rings;
(vii) swimming lessons;
or
(viii) training, such as
cardio-pulmonary resuscitation and first aid.
(12) Animal and household pet safety.
(A) Animals are in good health, do not show
evidence of carrying disease, and do not present a threat to the health,
safety, or welfare of children. Appropriate supervision is required when the
child in OKDHS custody is in the presence of the family's animals.
(B) The applicant or parent provides
documentation of current rabies vaccinations administered by a licensed
veterinarian for applicable animals.
(C) When an animal bites a child, the
applicant or parent obtains appropriate and immediate medical treatment and
contacts the assigned child welfare (CW) specialist as soon as the child's
safety is secured.
(13)
Weapon safety.
(A) An applicant or parent
ensures the safety of a child in OKDHS custody who comes within close proximity
to:
(i) a firearm or other weapon;
or
(ii) an individual in possession
of a firearm or other weapon.
(B) Any firearm or weapon in the home is
maintained, along with any ammunition, in a secure container, cabinet, or
closet or otherwise be inaccessible at all times to children who are in the
home.
(C) No firearm or weapon is
transported in any vehicle in which a child in OKDHS custody is riding unless
the firearm or weapon is safely secured or inaccessible to the child.
(D) A law enforcement official is exempt from
(B) and (C) of this paragraph when conditions of employment require ready and
immediate access to his or her weapon.
(E) An applicant or parent licensed to carry
a handgun, whether concealed or unconcealed, per 21 O.S. §§ 1290.1 et
seq., the Oklahoma Self-Defense Act, may maintain the firearm in a holster
secured to his or her person, per 21 O.S. § 1290.2. When the firearm is
not holstered and secured to his or her person, it is be maintained as required
in (A) through (C) of this paragraph.
(F) Any activity the child in OKDHS custody
participates in that involves a weapon has appropriate adult supervision at all
times. The applicant or parent obtains pre-approval for the child's
participation in a weapons activity from the child's assigned CW specialist or
CW supervisor.
(14)
Disaster plans. Disaster plans are reviewed with each newly-placed child and
periodically with all children in the home. The family disaster plan includes:
(A) a list of emergency phone numbers posted
in an accessible and conspicuous place. The list includes:
(i) 911;
(ii) doctors' names and phone
numbers;
(iii) health professionals
or clinics;
(iv) fire and police
departments;
(v) an ambulance
service; and
(vi) the name and
phone numbers of the alternate caregiver; and
(B) access to a phone at all times when a
child in OKDHS custody is present;
(C) an evacuation plan in the event of a
fire, tornado, earthquake, flood, ice storm, or other natural, state, or
national disaster;
(D) first aid
procedures and supplies;
(E) a
planned source of available medical care, such as a hospital emergency room,
clinic, or health care professional;
(F) a plan of whom to contact when there is
an accident, an incident involving the child in OKDHS custody, or he or she
runs away or is abducted; and
(G) a
plan of whom to contact and community resources to access when the child in
OKDHS custody has behavioral problems.
(d)
Number of children in the
home. OKDHS determines the number and ages of children placed in each
resource home.
(1)
Maximum number of
children allowed to reside in the resource home. The total number of
children in OKDHS custody placed in a resource home does not exceed five. The
total number of children in the resource home does not exceed six, which
includes biological, adoptive, foster, and other children not in OKDHS custody.
Approval to exceed these limits may be given to allow:
(A) a parenting youth in foster care to
remain with his or her child;
(B)
siblings to remain together;
(C) a
child with an established meaningful relationship with the family to remain
with the family; or
(D) a family
with special training or skills to provide care to a child who has a severe
disability.
(2)
Maximum number of children younger than 2 years of age allowed in a
resource home. No more than two children younger than 2 years of age
including the resource parent's own children may reside or be placed in the
resource home.
(3)
Child in
OKDHS custody placed in a tribal home. The number of children in OKDHS
and tribal custody allowed to reside in a tribal resource home is determined by
the applicable tribe. When a child in OKDHS custody is placed in a tribal home
and placement exceeds six children, overfill procedures are followed. An Indian
child in OKDHS custody is placed in compliance with the placement preferences
of the Indian Child Welfare Act, per Oklahoma Administrative Code (OAC)
340:75-19.
(g)
Household income. The
applicant completes Form 04AF010E, Resource Family Financial Assessment, and
provides documentation of employment, income, and expenditures as an assessment
component. The applicant provides verification that he or she can manage
personal and household financial needs without relying on the foster care
maintenance payment. The applicant has sufficient income or community resources
to meet the needs of an additional child placed in his or her home until the
foster care maintenance payment for the child in OKDHS custody is
received.
(h)
RFA
disposition. Upon completion of the RFA, a decision regarding approval
or denial is made after assessing the information gathered.
(1) The assessment process is completed and
the determination regarding approval or denial is made no later than
60-calendar days after receipt of completed Form 04AF001E.
(2) OKDHS may approve or deny an applicant as
a resource when the applicant or the home meets or does not meet requirements,
per OAC 340:75-7.
(3) OKDHS makes
the final determination of application denial, which may occur at any point
during the process.
(i)
Exceptions to assessment guidelines. Upon the applicant's or CW
specialist's request, OKDHS may grant exceptions, provided adequate standards
affording protection for the health, safety, and welfare of the child exist,
per (1) and (2) of this subsection.
(1) For
kinship resource homes only, OKDHS may, at its discretion, grant a waiver of
specific rules or standards that do not compromise a child's safety and does
not violate federal or state statutes.
(2) For traditional resource homes, OKDHS
may, at its discretion, grant a variance of specific rules or standards that do
not compromise a child's safety and does not violate federal or state
statutes.
(j)
Application denial. When a decision is made to deny an applicant
as a resource parent, the applicant is provided an explanation regarding the
reasons for the denial. When the denial pertains to a kinship resource home,
the child in OKDHS custody is immediately moved from the applicant's home.
Reasons for denying an application may include, but are not limited to:
(1) a lack of stable, adequate income to meet
the applicant's own or total family needs, or the poor management of available
income;
(2) the physical facility
is inadequate to accommodate the addition of the child in OKDHS custody into
the home, or presents health or safety concerns;
(3) a household member that has a history of
alleged or confirmed child abuse, neglect, or both, per OAC
340:75-7-15;
(4) a household member that has a history of
arrests or convictions, per OAC
340:75-7-15;
(5) any household member's health, behavioral
health, or any condition that impedes the applicant's ability to provide
appropriate care for a child;
(6)
relationships in the household that are unstable and unsatisfactory;
(7) references that are guarded or have
reservations in recommending the applicant;
(8) the applicant fails to complete the
application, required training, or verifications timely as requested, or
provides incomplete, inconsistent, or untruthful information;
(9) the home is determined unsuitable for the
child requiring placement;
(10) the
applicant applied for a child that OKDHS reasonably believes may not be
available for placement; or
(11)
one or more factors concerning any household member or conditions in the home,
as described in the denial letter, renders the applicant or home environment
inappropriate as a resource home.
(l)
Changes in the household.
The applicant or parent notifies the resource specialist or RFA contractor:
(1) immediately of any:
(A) charges, arrests, or any alleged illegal
activity committed by the applicant or any household member; and
(B) proceeding for a protective order filed
by or against the applicant or any household member; and
(2) within 24 hours of any change in the
household including, but not limited to:
(A)
the address or the home's location, including emergency home
displacement;
(B) any significant
change in the home that impacts the family's day-to-day living;
(C) the death or serious illness of a
resource parent;
(D)
health;
(E) income;
(F) individuals moving in or moving out of
the home for any reason; or
(G) new
or terminated relationships.
Added at 17 Ok Reg
549, eff 12-1-99 (emergency); Added at 17 Ok Reg 1311, eff 5-11-00; Amended at
17 Ok Reg 3367, eff 9-1-00 (preemptive); Amended at 18 Ok Reg 2128, eff
6-11-01; Amended at 19 Ok Reg 2226, eff 6-27-02; Amended at 21 Ok Reg 2385, eff
6-25-04; Amended at 22 Ok Reg 1242, eff 5-26-05; Amended at 23 Ok Reg 1024, eff
5-11-06; Amended at 24 Ok Reg 1323, eff 6-1-07; Amended at 25 Ok Reg 1335, eff
6-1-08; Amended at 26 Ok Reg 1282, eff 6-1-09; Amended at 27 Ok Reg 1092, eff
3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10; Amended at 28 Ok
Reg 894, eff 7-1-11; Amended at 29 Ok Reg 635, eff 6-1-12; Amended at 30 Ok Reg
839, eff 7-1-13
