SECTION 340:75-19-28. Difficulty of care payments for the child in tribal custody

(a)   Difficulty of care (DOC) payments are available to reimburse tribal foster parents for the care of the child in tribal custody.

(b)   The Indian child welfare (ICW) worker submits a written request for DOC to Oklahoma Department of Human Services (DHS) tribal program staff when the ICW worker determines the child meets DOC criteria. DHS tribal program staff approves or denies the written request within 30-calendar days from the date the request is received.

(c)   The written request details the child's special needs, including statements from medical or psychological reports that describe the child's condition and diagnosis, utilizing the rate descriptions per DHS Appendix C-20, Child Welfare Services Rates Schedule, as amended from time to time.

(1)   The effective date of DOC approval is the first day of the month in which the request is received by Child Welfare Services.

(2)   No retroactive payments are made prior to the date of the request.

(d)   The ICW worker:

(1)   reviews the child's DOC rate increase every twelve months;

(2)   one month prior to the end date of DOC approval, submits notification to DHS tribal program staff for continuation of DOC or that DOC is no longer needed;

(3)   notifies DHS tribal program staff when the Indian child's placement changes to a placement other than tribal foster care or the child returns to his or her own home; and

(4)   when the child's special needs change, requiring a DOC rate change, prepares a detailed request and submits the request to DHS tribal program staff. DHS tribal program staff terminates the original request.

[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]