Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 75 - Child Welfare Services
Subchapter 8 - Therapeutic Foster Care and Developmental Disabilities Services
Part 1 - THERAPEUTIC FOSTER CARE
Section 340:75-8-8 - Therapeutic foster care (TFC) or intensive therapeutic family care (ITFC) contractor requirements

(1) actively recruit prospective TFC or ITFC parents who reflect the racial and ethnic diversity of children requiring placement, in compliance with the Multiethnic Placement Act of 1994 and the Interethnic Provisions of 1996, per Oklahoma Administrative Code (OAC) 340:75-7-10;

(2) actively recruit prospective TFC or ITFC parents who are receptive and capable of meeting the service needs of all Oklahoma Human Services (OKDHS) custody children determined to be eligible for TFC or ITFC placement;

(3) engage with a family within one-business day of receiving a recruitment lead referral from OKDHS. Upon request, the contractor communicates to Child Welfare Service (CWS) progress on resource development;

(4) certify TFC or ITFC homes according to rules established by Child Care Services (CCS), CWS, OAC 340:75-7-10 through 340:75-7-19, Oklahoma Health Care Authority (OHCA), and the requirements outlined in the OKDHS placement agreement for residential behavioral management services (RBMS) in TFC or ITFC Settings;

(5) ensure each TFC or ITFC parent receives the appropriate pre-service training according to CCS and OHCA rules, per OAC 317:30-5-740.1 or OAC 317:30-5-750.1, CWS resource family requirements, and the requirements outlined in RBMS in TFC or ITFC sections, prior to a child's placement in the home;

(6) ensure the TFC or ITFC home meets all OKDHS certification requirements prior to a child's or youth's placement in the home;

(7) evaluate the TFC or ITFC parent's ability to provide TFC or ITFC services and meet the needs of children receiving RMBS in a foster care setting, per OAC 340:75-7-94;

(8) participate in regularly scheduled staffings on all child abuse and neglect referrals with CWS program staff, per OAC 340:75-3-410. Each TFC or ITFC home file a log of all investigations and screened-out referrals for use as a continual assessment of safety and resource home developmental needs;

(9) ensure that no TFC or ITFC home is used for new placements or respite care while under investigation for child abuse or neglect. CWS has the right to decline or may discontinue the home's use for placement when the TFC or ITFC parent's documented efforts did not resolve the concerns. New placements or respite care cannot resume without specific consent of the TFC liaison and liaison supervisor;

(10) ensure each TFC or ITFC parent meets the requirements for in-service training as defined in the OKDHS RBMS contract;

(11) ensure the TFC or ITFC parent has training and support to apply reasonable and prudent parent standards, per Section 1-1-105 of Title 10A of the Oklahoma Statutes. The reasonable and prudent parent standard is 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 TFC or ITFC parent when determining whether to allow a child to participate in extracurricular, enrichment, cultural, and social activities. The TFC or ITFC parent may request consultation with the CWS specialist, biological parent or guardian, TFC or ITFC contractor staff, or other parties to the child's case to assist with decision-making and ensure the child has access to immediate therapeutic response and support when needed. Visitation with the child's family of origin, or with connections identified by OKDHS to have restricted contact with the child, is approved by the child's CWS specialist;

(12) complete Form 04TF006E, Unsupervised Time Assessment, for all TFC or ITFC children, regardless of age, anytime an assessment is made that the child has the ability to have time away from the TFC or ITFC parent's direct supervision for activities other than those included under reasonable and prudent parenting standards, such as the child spending time alone or attending a child care program while the TFC parent works. This assessment includes, but is not limited to, child care utilization and the TFC parent's availability to respond to behavioral needs and all problems when the child is not under his or her direct supervision. The assessment is documented as part of the child's ongoing TFC or ITFC treatment plan with a copy of the finalized plan provided to the TFC or ITFC parent or parents;

(13) request approval from the TFC liaison and liaison supervisor when accessing child care. The written request includes the:

(14) follow established protocol found in the RBMS, contract for TFC or ITFC services, for managing the transfer of a currently certified foster home from another contracting agency;

(15) do not certify a OKDHS employee as a TFC or ITFC parent without prior written approval from the CWS director or designee. The TFC or ITFC contractor submits the written request to the CWS TFC program staff. The request's review is consistent with OAC 340:75-7-10.1;

(16) do not certify a TFC or ITFC agency employee assigned to the TFC or ITFC program as a TFC or ITFC parent without prior written approval from the TFC field administrator. The request includes a copy of TFC or ITFC agency policy regarding certification of the TFC or ITFC agency employees;

(17) do not accept a TFC or ITFC parent application from a person licensed to provide child care services. Families are not approved as licensed family child care homes and TFC or ITFC homes at their home or in any other location;

(18) establish a procedure to address and document a response to concerns in a TFC or ITFC home that do not warrant a referral for an abuse or neglect assessment or investigation. Examples of these concerns include, but are not limited to, a TFC or ITFC parent's judgment or supervision, disciplinary practices, non-compliance with policy or contract, unacceptable housing standards, inadequate clothing provisions for the child, or a lack of involvement in the child's education or independent living skills. CWS has the right to decline the home's use when the TFC or ITFC parent's documented efforts did not resolve the concerns; and

(19) require all TFC or ITFC parents to immediately report to the TFC or ITFC contractor: