SECTION 340:75-14-1. Purpose, definitions, and assessment

(a)   Purpose.

(1)   A child's well-being is comprised of four basic domains:

(A)   cognitive functioning;

(B)   physical health and development;

(C)   behavioral/emotional functioning; and

(D)   social functioning.

(2)   A child's well-being is dependent upon the caretaker's ability to meet the child's physical health, learning and development, behavioral health, and the child's ongoing opportunities to engage in age- or developmentally-appropriate activities following the reasonable and prudent parent standard.

(3)   The child welfare (CW) specialist assesses:

(A)   child functioning that includes the specific indicators of child well-being. An assessment of child functioning is the basis for understanding how the caregiver addresses any specific child needs and is a central component of promoting well-being for children who have experienced abuse or neglect; and

(B)   a child's needs in these areas throughout the case process and addresses identified needs as part of case planning activities.

(4)   Children and families are meaningfully engaged in all aspects of the service process to build and maintain a trusting, supportive working relationship.

(5)   A trauma-informed framework of well-being puts together assessments, interventions, actions, and supports that are intentional and inclusive of a deeper understanding of the four basic domains of a child's well-being through a trauma-informed lens.

(6)   Children engaged by the CW system, especially those who were removed from their birth families, have likely experienced traumatic events in their lives, thereby impacting their development and overall well-being.

(A)   A removal leading to the separation of the family, in and of itself, can cause trauma.

(B)   Children's relationships, behaviors, and sense of self may all be impacted.

(C)   Adverse effects of trauma may be immediate or have a delayed onset.

(D)   Not all children who are involved in or witness traumatic events develop traumatic stress responses. Some children are able to adapt and cope with trauma better than others, especially when intervention is early.

(b)   Equal access. Children engaged by the CW system have the right to fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or Human Immunodeficiency Virus (HIV) status.

(c)   Definitions. Per Section 1-1-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-105) the following words and terms, when used in this Subchapter shall have the following meanings, unless the context clearly indicates otherwise:

(1)   "Age-appropriate" or "developmentally-appropriate" means:

(A)   activities or items that are generally accepted as suitable for children of the same age or level of maturity or that are determined to be developmentally-appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and

(B)   in the case of a specific child, activities or items that are suitable for that child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the specific child.

(2)   "Behavioral health" means mental health, substance use or abuse, or co-occurring mental health and substance use or abuse diagnoses, and the continuum of mental health, substance use or abuse, or co-occurring mental health and substance use or abuse treatment.

(3)   "Child behavioral health screener" means a brief measuring tool designed to screen for the presence of behavioral and trauma-related symptoms that may be negatively impacting child function in children ages birth through 17 years old. It additionally has questions geared to track counseling progress and psychotropic medication management.

(4)   "Child with disability" means any child who has a physical or mental impairment that substantially limits one or more of the child's major life activities or who is regarded as having such impairment by a competent medical professional.

(5)   "Infant" means a child 12 months of age and younger.

(6)   "Psychotropic medications" means medications with well-demonstrated efficacy in the treatment of mental disorders through the modification of behavior, mood, and emotions.

(7)   "Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain the child's health, safety, and best interests while at the same time encouraging the emotional and developmental growth of the child. This standard is used by the child's caregiver when determining whether to allow a child to participate in extracurricular, enrichment, cultural, and social activities. For purposes of this definition, the term "caregiver" means a foster parent with whom a child in foster care was placed, a representative of a group home where a child was placed, or a designated official for a residential child care facility where a child in foster care was placed.

(8)   "Trauma" means what happens to a child that results from an event, series of events, or set of circumstances experienced by an individual as physically or emotionally harmful or life threatening and that has lasting adverse effects on the individual's functioning and mental, physical, social, emotional, or spiritual well-being.

(9)   "Successful adulthood program" means a program specifically designed to assist a child in Oklahoma Department of Human Services (DHS) custody or tribal custody in developing and enhancing the skills and abilities necessary for successful adult living, per 10A O.S. § 1-9-107.

(10)   "Youth" means a child 13 through 17 years of age.

(d)   Child functioning.

(1)   Description. Child functioning is concerned with describing the child's general behavior, emotions, temperament, development, academic status, physical capacity, and health status. It addresses how a child functions from day-to-day and their current status rather than focusing on a specific point in time. An assessment of child functioning must take into account the child's age and/or any special needs or developmental delays.

(2)   Child functioning indicators.

(A)   Emotion/trauma. The degree to which, an adequate pattern of appropriate self-management of emotions is displayed, consistent with the child's age, ability, and developmental level.

(B)   Behavior. The degree to which, an appropriate coping and adapting behavior is displayed, consistent with the child's age, ability, and developmental level.

(C)   Developmental/early learning. Consistent with age and ability expectations, the child is achieving milestones based on his or her age and developmental capacities.

(D)   Academic status. The child, according to age and ability, is:

(i)   actively engaged in instructional activities and reading at grade level or an Individualized Education Program (IEP) expectation level; and

(ii)   meeting requirements for annual promotion and course completion leading to a high school diploma or equivalent or vocational program.

(E)   Positive peer/adult relationships. The child, according to age and ability, demonstrates adequate positive social relationships.

(F)   Family relationships. The child demonstrates age and developmentally-appropriate patterns of forming relationships with family members.

(G)   Physical health. The child is achieving and maintaining positive health status that includes physical, dental, audio and visual assessments and services. When the child has a serious or chronic health condition, he or she is achieving the best attainable health status given the diagnosis and prognosis.

(H)   Cultural identity. Important cultural factors, such as race; class; ethnicity; religion; gender, gender identity, and sexual orientation; and other forms of culture are appropriately considered in the child's life.

(I)   Substance awareness. The assessment of substance awareness is multi-dimensional. The assessment:

(i)   includes the child/youth's awareness of alcohol and drugs, and his or her own use; and

(ii)   for children who have experienced the negative impacts of parent/caregiver substance use or abuse within their home, includes their awareness of alcohol and drugs and treatment/recovery for their parent/legal guardian(s), as age appropriate.

(J)   Preparation for adult living skills development. The child, according to age and ability, is gaining skills, education, work experience, long-term relationships and connections, income, housing, and other capacities necessary for functioning upon adulthood; and includes access to age-appropriate, medically-accurate information about reproductive health care, pregnancy prevention, and the prevention and treatment of sexually-transmitted infections at 12 years of age and older.

(e)   Screenings and functional assessments. Screening and functional assessment tools are used to inform decisions about appropriateness of evidence-informed services. All children, birth through 17 years of age, engaged with Child Welfare Services have access to screening and functional assessments for the early and ongoing identification of well-being needs, per 10A O.S. § 1-4-208.

[Source: Added at 36 Ok Reg 1856, eff 9-16-19; Amended at 37 Ok Reg 1850, eff 9-15-20]