SECTION 340:110-5-3. Definitions

  The following words and terms when used in this Subchapter shall have the following meaning unless the context clearly states otherwise:

"Adoption agency" means an agency licensed as a child-placing agency for the purpose of placing children into adoptive families.

"Advisory board" means the entity that offers advice and counsel on the operation of a child-placing agency.

"Age or developmentally appropriate" means per Section 1-1-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-105), suitable, developmentally appropriate activities for children of a certain age or maturity level based on the capacities typical for the age group and the individual child.

"Agency" means child-placing agency.

"Auxiliary personnel" means cooks, building custodians, or other personnel who provide support services to the agency.

"Basement" means an area of a building or structure having one-half or more of its clear height below grade level.

"Behavior management" means guidance that provides a learning experience for the child that contributes to developing the capacity for self-control, self-direction, and an understanding of behavioral consequences.

"Child" means an individual younger than 18 years of age.

"Child Care Restricted Registry," or "Restricted Registry," also named "Joshua's List" means a registry for registrants who are prohibited from licensure, ownership, employment, having unsupervised access to children, and/or residence in child care facilities per 10 O.S. § 405.3.

"Child care staff" means staff who provide direct care and supervision of children.

"Child-placing agency" means an agency that arranges for or places a child in a foster family home, adoptive home, or independent living program.

"Child with special needs" means a child who, because of age, ethnic origin, physical, mental, or behavioral problems, or sibling group for whom placement for adoption is difficult.

"Custodian" means the adult or agency legally responsible for the child.

"Department" means the Oklahoma Department of Human Services (DHS).

"Emergency foster care" means foster home care provided to a child when an emergency exists or initial placement does not exceed 30-calendar days.

"Foster home" means a home that provides full-time substitute family care for a child for a planned period when the child's family cannot provide care.

"Foster home agency" means an agency licensed as a child-placing agency for the purpose of certifying foster homes.

"Foster parent(s)" means the individual(s) providing foster home care for a child placed by the child-placing agency.

"Governing board" means the entity with ultimate responsibility and authority for the overall operation of a private agency.

"Health professional" means a licensed physician, nurse practitioner, or physician's assistant, as defined by the appropriate state licensing board.

"Independent living (IL) program" means a residential program that places youth, at least 16 years of age, in a living situation supervised by a licensed child-placing agency with the goal of preparing the youth for living independently without supervision.

"Indian child" means an unmarried or unemancipated individual younger than 18 years of age who is a member of an Indian tribe or eligible for membership and is the biological child of a member of an Indian tribe per10 O.S. § 40.2.

"Infant foster care" means a category of foster care when the foster home provides care for infants only.

"Interstate Compact on the Placement of Children (ICPC)" means the process of ensuring protection and services to children who are placed across state lines.

"Legal risk placement" means placement of a child when consent to adoption or permanent relinquishment of parental rights for adoption has not been obtained from both birth parents and parental rights have not been previously terminated.

"Long-term foster care" means foster home care when the initial placement plan exceeds 30-calendar days.

"On-call"or"Substitute staff" means staff available to work during the absence of regular part-time or full-time staff.

"Openness in adoption" means the pre- or post-placement exchange of information, communication, or contact between birth and adoptive families.

"Parent" means an individual who is legally responsible for the child, such as a mother, father, legal custodian, or legal guardian.

"Placement plan" means a component of the service plan or agreement that contains plans for placement of a child that best meet the child's needs.

"Post-adoption services" means direct or referral services available through the child-placing agency to birth and adoptive parents and the adopted child after the adoption is finalized.

"Post-placement supervision" means supervision and services provided after the child is placed with an adoptive family.

"Proprietary facility" means a program that operates on a for-profit basis.

"Reasonable and prudent parent standard" means per 10A § 1-1-105, the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child. This standard is used by the child's foster parent when determining whether to allow a child to participate in extracurricular, enrichment, cultural, and social activities.

"Serious incident" means any non-routine occurrence that has an impact on the care, supervision, or treatment of a child.

"Service plan or agreement" means a comprehensive individualized program of action for the child and the child's family, when parental rights have not been terminated, developed by the child-placing agency in cooperation with the child and family or custodian. It establishes specific outcomes and time frames based on the:

(A)   child's age and level of functioning; and

(B)   family's ability and willingness to participate.

"Social services staff" means childplacing agency employees who provide social services that include, but not limited to:

(A)   casework services to children and the children's families;

(B)   adoptive child and family studies;

(C)   placement services;

(D)   certification of agency facilities;

(E)   admission assessments; and

(F)   service planning.

"Specialized service professional" means an individual from an academic discipline or field of expertise who provides individualized services to a child, such as behavioral or physical therapists.

"Unsupervised access to children" means an individual being present with children without personnel present who has a complete criminal history review.

"Volunteer" means an individual who provides services to the child-placing agency without compensation.

[Source: Amended at 10 Ok Reg 2273, eff 6-11-93; Amended at 13 Ok Reg 997, eff 3-16-96 (emergency); Amended at 13 Ok Reg 2663, eff 6-28-96; Amended at 15 Ok Reg 764, eff 11-10-97 (emergency); Amended at 15 Ok Reg 1727, eff 5-11-98; Amended at 19 Ok Reg 2828, eff 10-1-02 (emergency); Amended at 20 Ok Reg 955, eff 5-12-03; Amended at 23 Ok Reg 1092, eff 6-1-06; Amended at 27 Ok Reg 1869, eff 7-1-10; Amended at 27 Ok Reg 2646, eff 6-21-10 (emergency); Amended at 28 Ok Reg 1669, eff 7-1-11; Amended at 31 Ok Reg 154, eff 11-1-13 (emergency); Amended at 31 Ok Reg 1854, eff 9-15-14; Amended at 33 Ok Reg 146, eff 11-2-15 (emergency); Amended at 33 Ok Reg 1678, eff 9-15-16]