Current through Vol. 42, No. 1, September 16, 2024
(a)
Child care subsidy. Child
care subsidy benefits paid by Oklahoma Human Services (OKDHS) for a child in
OKDHS or tribal custody are available, when:
(1) a foster child attends an Early Head
Start (EHS) program contracted with OKDHS to receive child care subsidy
payments;
(2) the resource is a:
(A) paid or non-paid resource parent
authorized for child care subsidy benefits by Child Welfare Services
(CWS);
(B) tribal resource family
providing care for the child in tribal custody in a paid placement when
authorized by the OKDHS tribal program staff;
(C) coordinated foster care parent when
authorized by the district of service;
(D) shelter host home when authorized by the
assigned child welfare (CW) specialist in the district of service;
(E) supported home when authorized by the
assigned OKDHS resource family partner liaison; or
(F) therapeutic foster home when authorized
by the therapeutic foster care (TFC) program staff; or
(3) the need for child care is met:
(A) when a single resource parent is:
(i) employed 20 hours a week or
more;
(ii) enrolled and attending a
formal education program for at least six credit hours per semester. A formal
education program is defined as a course of study that leads to the attainment
of an associate, bachelor's, or post-graduate degree;
(iii) enrolled and attending a training
program. A training program is defined as a course of study that when
completed, qualifies a person to meet requirements for a job the individual
could not have obtained without the certificate of completion, accreditation,
or licensure resulting from completion of training;
(iv) employed during night hours and needs
OKDHS paid child care to allow him or her to sleep during the day. During the
night working hours, a feasible alternative is used at no cost to OKDHS. Night
working hours are defined as the hours between 11:00 p.m. and 7:00 a.m. The
maximum amount of child care time the resource specialist approves allows the
resource parent eight hours of sleep plus travel time to and from the child
care provider; and
(v) approved for
child care by the resource program staff for reasons other than those listed in
this subparagraph. These decisions are made on a case-by-case basis;
or
(B) in a two-parent
resource home, when:
(i) both resource parents
are employed 20 hours a week or more and have the same working hours;
(ii) one resource parent works and the other
resource parent has a significant disability that precludes providing care for
the child;
(iii) one resource
parent works during the same hours the other resource parent is enrolled and
attending a formal education or training program as defined in (3)(A) of this
subsection;
(iv) sleep-time child
care is needed during the day because one or both resource parents work nights.
During the night working hours, a feasible alternative is used at no cost to
OKDHS. When one resource parent works nights, the other resource parent must
work or need child care for a reason that requires the approval of resource
program staff during the hours the other resource parent is sleeping. Night
working hours are defined as the hours between 11:00 p.m. and 7:00 a.m. The
maximum amount of child care time the resource specialist approves allows the
resource parent eight hours of sleep, plus travel time to and from the child
care provider; or
(v) one resource
parent works during the same hours the other resource parent needs child care
for a reason other than those listed in this subparagraph. In this situation,
resource program staff approve the need for subsidized child care on a
case-by-case basis; or
(4) child care is provided:
(A) in a licensed and contracted child care
center with a one star plus or higher star status, unless there are no centers
with a one star plus or higher star status in the community or special
exception criteria are met. Special exception criteria are:
(i) the child was already approved for care
at the one star center prior to January 1, 2003, or prior to the provider's
star status being reduced to one star. The child may remain in this facility,
unless the child stops attending there for more than 30-calendar days. The
child may be approved at this same facility again when the only reason the
child did not attend for more than 30-calendar days was because of a school
break or due to circumstances beyond the control of the resource home, such as
the child's illness;
(ii) care is
requested for a child living in the same home as a child already approved for
care per (3)(A)(i) of this paragraph for the same one star child care provider;
or
(iii) the resource parent
demonstrates no other child care option meets the family's needs; or
(B) in a licensed and contracted
child care home regardless of star level; or
(C) by an approved in-home provider who cares
for the child at the resource parent's home, per Oklahoma Administrative Code
(OAC) 340:40-13-2.
(b)
Child care subsidy benefits
available through Adult and Family Services (AFS). Child care subsidy
benefits may be available through local OKDHS AFS for child care, per OAC
340:40, to:
(1) resource parents who finalized
an adoption of a foster child;
(2)
a child in tribal custody placed by the tribe in a home without a resource case
in KIDS; and
(3) a child in the
custody of another state placed in a kinship home in Oklahoma through the
Interstate Compact on the Placement of Children.
(c)
Foster care child care subsidy
benefits not paid by OKDHS . Foster care child care subsidy
benefits are not paid by OKDHS, when the:
(1)
resource parent has an ownership interest in the chosen child care
center;
(2) foster child attends a
family child care home where the child lives, unless:
(A) the child care home provided child care
to the child immediately prior to the foster care placement; and
(B) it is in the child's best interests to
remain in the kinship provider's child care home; or
(3) resource parent works in the child care
home during the same hours the child attends child care;
(4) resource parent chooses more than one
child care provider to provide service to a child on the same day;
(5) resource parent makes informal
arrangements for child care;
(6)
provider is receiving state or federal funds, such as Head Start or public
schools, and is not charging all parents for the hours the subsidy payment is
requested. EHS programs are exempt from this rule; or
(7) provider is caring for a school-age child
during the regular school day when such student could be attending a public or
private school during those hours.
(d)
Child care subsidy benefits for a
child with disabilities. A child with disabilities is potentially
eligible for the higher special needs rate for child care subsidy benefits.
Each child with disabilities requires a separate and specific certification of
the child care provider.
(1) A child with
disabilities is defined as a child receiving:
(A) Supplemental Security Income (SSI). This
includes those whose SSI payment stops because of financial reasons, but who
still meet the medical definition of disability as determined by the Social
Security Administration;
(B)
SoonerStart (Medicaid) early intervention services; or
(C) special education services provided per
an Individualized Education Program (IEP) by the child's school
district.
(2) When the
child with disabilities is 13 years of age and older, the resource parent
provides a statement from a licensed health care professional verifying that
the child is physically or mentally incapable of self-care as age-appropriate
before care is approved, and annually at review. Subsidized child care benefits
are not approved when a licensed health care professional states that the child
is capable of self-care as age-appropriate.
(e)
Resource parent's responsibility
for electronic benefit transfer (EBT). Refer to OAC 340:40-10 for
information regarding the EBT system that includes the manual claim process.
Resource parent responsibilities for EBT include:
(1) watching the EBT training
video;
(2) completing and
submitting a signed Form 04MP042E, Application for Child Welfare Child Care
Benefits;
(3) swiping the EBT card
every day the child attends child care;
(4) not swiping the EBT card for any day the
child does not attend child care;
(5) checking the message on the point of
service machine for correct times of attendance and approval;
(6) not giving the EBT card or personal
identification number to anyone, including the child care provider;
and
(7) paying for care that OKDHS
does not pay because the:
(A) EBT card was not
swiped for the correct days and times the child attended child care;
(B) swipes were denied and not corrected
within 10-business days; or
(C)
provider loses the weekly rate payment for absent days because the correct
attendance for every day the child attended that month was not
swiped.
(f)
Therapeutic child care services. Therapeutic child care services
are paid by OKDHS when recommended by a mental health professional and
supporting documentation is provided. Prior authorization from the CWS Finance
and Business (FB) is required. CWS FB makes the determination of the
availability of funds.
(g)
Overpayment of child care. OKDHS seeks repayment for any child
care subsidy benefit paid in error to a licensed child care center, home, or
professional in the resource parent's own home. The resource parent reimburses
these costs to OKDHS when the overpayment occurs due to the resource parent's
ineligibility.
(h)
Informal
care arrangements for the foster child. Resource parents may make
informal care arrangements with friends, neighbors, or relatives for the foster
child's occasional care.
(1) Resource parents
apply the reasonable and prudent parent standard when selecting an informal
care provider to care for the foster child and ensure he or she possesses the
maturity and skills to address the child's needs.
(2) The foster child may stay with a friend,
when the resource parent:
(A) knows the
family;
(B) reasonably believes the
family, household members, and environment are safe for the child;
and
(C) exchanges contact
information, including names, addresses, and phone numbers.
(3) The resource parent notifies
the resource specialist when using informal care arrangements. The resource
parent may not use an informal care provider who the resource specialist
determines is unsafe.
(4) The
resource parent obtains permission from the foster child's assigned CW
specialist before allowing the foster child's relatives to provide informal
care for the child.
(5) An informal
care provider, living outside of the resource parent's home, must be 18 years
of age and older.
(6) A teenager
living in the resource parent's home must be 16 or 17 years of age, related to
the resource parent, and is limited to providing 12-consecutive hours of
informal care. The resource specialist and the resource parent assess the
teen's ability and appropriateness to assume responsibility for the foster
child and ensure his or her needs and well-being can be met.
(7) The resource parent does not use a child
in OKDHS custody to care for a younger child unless approved by the resource
specialist.
(8) Informal care
providers are notified on how to reach the resource parent and other emergency
contacts.
(9) An individual
providing care for more than seven-consecutive days must be an approved
alternate caregiver.
(i)
Alternate caregiver selected by the resource parent. The resource
parent is required to identify at least one formal, alternate caregiver, but no
more than two, who can fulfill the resource parent's role for the child in
OKDHS custody placed in the resource home in case of family emergencies, or
when the family needs an extended break for up to 14-consecutive days. The
alternate caregiver is limited to providing care only for resource families for
which the caregiver is approved.
(1) The
alternate caregiver is not used as a placement for the child.
(2) The resource parent identifies and
reimburses the alternate caregiver. When funding is available, respite vouchers
may be used for reimbursement.
(3)
The alternate caregiver is at least 21 years of age.
(4) The alternate caregiver and each adult
household member in the alternate caregiver's home must be willing to:
(A) submit to a name-based records search by
the Oklahoma State Bureau of Investigation, per OAC
340:75-7-15;
(B) submit to an OKDHS records search
including, but not limited to:
(i) CWS
history, per OAC
340:75-7-15;
(ii) Restricted Registry; and
(iii) Community Services Worker Registry;
and
(C) submit to an
Oklahoma State Department of Health Nontechnical Services Worker Abuse Registry
search;
(D) submit to a Juvenile
Online Tracking System records search for each child, 13 through 17 years of
age, living in the home, per OAC
340:75-7-15;
(E) engage in an evaluation of the home to
assess the location, condition, and capacity to accommodate the child in OKDHS
custody;
(F) provide one reference
on Form 04AF026E, Alternate Caregiver Reference Letter;
(G) comply with discipline policy, per OAC
340:75-7-38, and confidentiality
policy, per OAC 340:751-42; and
(H)
participate in a yearly update.
(j)
Respite care. Respite care
may only be provided by an approved resource home. A resource home is not
limited to providing respite care to only one resource family.
(k)
Resource home insurance.
Liability insurance is provided for resource families for damages caused by the
child in OKDHS custody per the terms of the policy. Resource families have the
right to receive a copy of the liability insurance policy, per Section 1-9-119
of Title 10A of the Oklahoma Statutes (10A O.S. § 1-9-119). Resource
parents are responsible for any deductibles.
(l)
Foster care associations.
OKDHS cooperates with and promotes the development of foster care associations
for resource parents in each district. OKDHS provides information to resource
families about local foster care associations.
(m)
Foster Care and Adoption Support
Center. The Foster Care and Adoption Support Center, 1-800-376-9729, is
maintained by the Foster Care and Adoption Support Unit and assists with
questions and problem resolution.
(n)
Foster parents' rights.
Foster parents' rights are found in 10A O.S. § 1-9-119 and a copy is given
to every resource parent at the annual update.
(o)
Shared information.
Information shared between CWS employees, resource parents, and parents
includes, but is not limited to the:
(1)
child's legal status;
(2) upcoming
court hearings;
(3) reason for the
child's foster care placement;
(4)
child's and parent's prior and present living experiences; and
(5) child's medical, psychological, and
behavioral information, current photographs, and educational records.
(p)
Foster care grievance
procedures. The resource parent and child in foster care have access to
OKDHS grievance procedures through the Office of Client Advocacy, per OAC
340:2-3. Foster parent grievances are confidential and the foster parent has
the right to be free from harassment and retaliation, per 10A O.S. §
1-9-119.
(q)
Foster care
mediation program. The resource parent may access the foster care
mediation program through the Oklahoma Commission on Children and Youth (OCCY),
per OAC 340:75-7-291.
(r)
Resource parent complaints
about OKDHS employees. Resource parents may file a
complaint with OCCY Office of Juvenile System Oversight about an action of an
OKDHS employee involving retaliation or discrimination against a resource
parent, per OAC
340:75-7-292.
(s)
Training topics relevant to
fostering. Pre-service and in-service training is provided to enhance
the resource parent's foster parenting skills.
(t)
Travel reimbursement for the
resource parent.
(1) The resource
parent, including a tribal resource parent, may be reimbursed for four trips
per month for mileage incurred when providing transportation for the child in
OKDHS custody placed in the resource home. When multiple children are included
on a trip, the trip is counted as one trip for the group. Travel reimbursement
may occur when the:
(A) resource parent
provides travel associated with the child's permanency and well-being, limited
to:
(i) visits with parents and any person
approved by the child's CW specialist;
(ii) visits with the child's sibling;
or
(iii) court hearings;
and
(B) round trip for a
single event is 26 miles or more; and
(C) trips are documented and filed monthly on
Form 10AD006E, Travel Claim, provided by a CW specialist, and processed through
the Foster Care and Adoption Support Center.
(2) Travel reimbursement may occur when
transporting a child to and from the foster placement to Oklahoma Schools for
the Blind or Deaf on a bi-weekly basis after all other options are
exhausted.
(u)
Tax
deduction available. An Oklahoma income tax deduction may be available
for resource parents who meet requirements, per 68 O.S. § 2358.5-1. A
resource parent with tax questions related to the care of a child in OKDHS
custody contacts a tax professional.
Added at 17 Ok Reg
549, eff 12-1-99 (emergency); Added at 17 Ok Reg 1481, eff 3-27-00 (emergency)
; Added at 17 Ok Reg 2429, eff 6-26-00; Amended at 17 Ok Reg 3367, eff 9-1-00
(preemptive); Amended at 19 Ok Reg 2226, eff 6-27-02; Amended at 20 Ok Reg 747,
eff 3-5-03 (emergency); Amended at 20 Ok Reg 2090, eff 6-26-03; 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
This emergency action expired without being superseded by
a permanent action. Upon expiration of an emergency amendatory action, the last
effective permanent text is reinstated. Therefore, on 9-15-15 (after the
9-14-15 expiration of the emergency action), the text of 340:75-7-65 reverted
back to the permanent that became effective on 7-1-13, as was last published in
the 2014 OAC Suppplment and republished in the 2015 OAC Supplement and the 2016
Edition of the OAC, and remained as such until amended again by emergency
rulemaking on 1-31-18.
