SECTION 340:75-13-21. Reimbursement for the child in custody of an Indian tribe

(a)   Title IV-E eligibility and the Indian child. Oklahoma Department of Human Services (DHS) seeks Title IV-E reimbursement for any eligible Indian child when the child is placed in an approved foster home per Section 1356.67, of Title 45 of the United States Code of Federal Regulations, procedures for the transfer of placement and care responsibility of a child from a state to a tribal Title IV-E agency or an Indian tribe with a Title IV-E agreement. Title IV-E eligibility is determined by the custody specialist utilizing the criteria set forth in Oklahoma Administrative Code (OAC) 340:75-13-13.

(b)   Tribal responsibilities related to Title IV-B and Title IV-E. The tribe is responsible for:

(1)   developing and implementing policies and practices that ensure compliance with federal regulations related to Titles IV-B and Title IV-E of the Social Security Act. Child Welfare Services (CWS) monitors tribal compliance with the regulations through annual on-site visits, per OAC 340:75-19-32; and

(2)   providing required information needed to determine Title IV-E eligibility to the assigned CWS regional tribal coordinator.

(A)   The CWS regional tribal coordinator scans completed Form 04TB004E, Indian Child Welfare Program Referral, and all court orders into the KIDS file cabinet.

(B)   The custody specialist contacts the CWS regional tribal coordinator to request needed information for the initial eligibility determination or annual eligibility re-determination, per OAC 340:75-19-33.

[Source: Added at 15 Ok Reg 1457, eff 4-1-98 (emergency); Added at 16 Ok Reg 1052, eff 4-26-99; Amended at 19 Ok Reg 561, eff 12-20-01 (preemptive); Amended at 22 Ok Reg 1270, eff 5-26-05; Amended at 29 Ok Reg 635, eff 6-1-12; Amended at 32 Ok Reg 1904, eff 9-15-15]