SECTION 340:75-14-4. Child placed with a parent in a licensed residential family-based treatment facility

  Per Section 472 of the Social Security Act (42 U.S.C. § 672) as amended by the Family First Prevention Services Act, a child in the custody of the Oklahoma Department of Human Services (DHS) is eligible for foster care maintenance payments (FCMP) when placed with a parent receiving services through a residential family-based treatment facility for substance use or abuse. The Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) administers the program for such facilities.

(1)   FCMP-eligible substance use or abuse facility.

(A)   The facility must meet all ODMHSAS established licensing requirements.

(B)   The treatment facility must provide parenting skills, parent education, and individual and family therapy in addition to the substance use or abuse treatment.

(C)   All treatments are provided under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma and, per recognized principles of trauma-informed approach and trauma-specific interventions, to address the consequences of trauma and facilitate healing.

(2)   FCMP-eligible child placed in residential family-based treatment facility. For a child placed with a parent receiving substance use or abuse treatment in a residential family-based treatment facility, the child:

(A)   is required to meet all foster care eligibility criteria in Title IV-E of the Social Security Act, except for Aid to Families with Dependent Children (AFDC);

(B)   must have a recommendation for placement with a parent in a residential family-based treatment facility for substance use or abuse documented in his or her case plan; and

(C)   only receives FCMP for 12 months or less.

(3)   Costs eligible for FCMP reimbursement. Eligible costs for FCMP reimbursements, per 42 U.S.C. § 675 (4)(A) include, but are not limited to:

(A)   food;

(B)   clothing;

(C)   shelter;

(D)   daily supervision;

(E)   personal incidentals; and

(F)   reasonable travel for a child to remain in his or her school of origin.

(4)   Costs exempt from FCMP reimbursement. The costs for operation and administration of the facility and programs are specifically excluded from FCMP.

[Source: Added at 36 Ok Reg 443, eff 4-9-19 (emergency); Added at 37 Ok Reg 1850, eff 9-15-20]