SECTION 340:75-19-26. Foster care maintenance payment for the child in tribal custody

(a)   Oklahoma Department of Human Services (DHS) provides foster care maintenance payment to approved tribal-certified foster homes for the placement of the child in tribal custody when DHS has a contractual agreement with the child's tribe for the payment of foster care and the tribe submitted Form 04TB004E, Indian Child Welfare Program Referral, along with a copy of the court order and case plan to the assigned DHS tribal program staff.

(b)   The tribe sends copies of updated case plans and current court orders to tribal program staff. The Indian child's tribe immediately notifies DHS tribal program staff via Form 04TB003E, Indian Child Welfare Program Update, of any change in the child's placement or custody.

(c)   The child's tribe provides services and supervises the child's placement when the child is in tribal custody.

(d)   The child's tribe makes application on behalf of the child for any financial benefits, such as Social Security, to which the child is entitled. When the child is determined eligible, the child's tribe immediately notifies DHS tribal program staff by submitting Form 04TB003E with updated information. The foster care maintenance payment is reduced by the dollar amount of the benefit.

(e)   Each tribe develops and implements policies and practices per federal regulations related to Titles IV-B and IV-E. Tribes may request technical assistance from DHS regarding:

(1)   federal law, policy, and regulation;

(2)   accountability for fiscal and program operations;

(3)   reporting procedures; and

(4)   compliance with the terms and conditions of tribal and DHS agreements.

(f)   When DHS identifies questionable foster care practices or circumstances that may jeopardize continued federal funding, the situation is reviewed and reconciled by a panel of tribal and DHS officials on a case-by-case basis. When reconciliation is not possible, both parties may present views to the DHS Director who determines if continued payment is made on behalf of the cases affected.

[Source: Added at 19 Ok Reg 2209, eff 6-27-02; Amended at 23 Ok Reg 1024, eff 5-11-06; Amended at 24 Ok Reg 1044, eff 6-1-07; Amended at 30 Ok Reg 839, eff 7-1-13; Amended at 33 Ok Reg 1635, eff 9-15-16]