SECTION 340:75-19-31. Independent living services for youth in tribal or Okalhoma Department of Human Services custody

(a)   Foster Care Independence Act of 1999. The Foster Care Independence Act of 1999 supports states in the provision of independent living (IL) services for both state and tribal youth in custody, focusing on:

(1)   career planning;

(2)   emergency housing; and

(3)   aftercare.

(b)   Requirements for eligible Indian youth. Federal regulations and state statues require that eligible youth receive:

(1)   IL assessment. An IL assessment is a comprehensive evaluation of the youth's readiness for IL and identification of the services and supports required for the youth to achieve a maximum level of self sufficiency;

(2)   IL plan. An IL plan describes the services supports and activities the child welfare specialist and youth identify as necessary for the youth to transition to independence, and includes the components required by federal and state statutes;

(3)   Judicial oversight. A judicial determination is made at each dispositional and review hearing whether:

(A)   the IL services needed to assist the youth in making the transition from custody to self-sufficiency are provided or are not appropriate; and

(B)   during the 90-day period immediately prior to a youth's 18th birthday, OKDHS and, as appropriate, representatives of the youth, are providing the youth with assistance and support in developing an appropriate personalized transition plan based upon the youth's input, and as detailed as the youth elects, that includes specific options regarding:

(i)   housing;

(ii)   health insurance;

(iii)   education;

(iv)   local opportunities for mentors and continuing support services; and

(v)   employment supports and services; and

(C)   information was provided to the youth about the importance of designating another individual to make health care treatment decisions on behalf of the child if the child:

(i)   becomes unable to participate in his or her health care decisions; and

(ii)   does not have, or does not want a relative, who would otherwise be authorized under state or tribal law, to make health care decisions; and

(D)   the youth was provided with the option of executing a health care power of attorney, health care proxy, or other similar documents recognized under state or tribal law; and

(4)   IL support services. A variety of services, resources, and youth development funds are provided to facilitate successful transition into adulthood. Each service, resource, and youth development fund category has distinct eligibility requirements that are found at OAC 340:75-6-110(4).

(c)   Community contracts. Youth in tribal in custody are eligible for services provided through community contracts, including educational, vocational, supplemental assistance, resource materials, teen conferences, Fun Fest, independent living seminars, Emancipation Station, technical assistance, and training. The Indian child welfare (ICW) worker enrolls eligible youth at 16 years of age with the OKDHS IL Specialist using Form 04IL004E, Independent Living Community Contracted Services Enrollment.

(d)   Contingency funds. Contingency funds are designed as supportive services for youth in preparation for living on their own and for emergencies encountered after leaving care while learning to live independently. The ICW worker accesses the funds per OAC 340:75-6-110 by contacting the Child Welfare Services CWS) independent living coordinator.

(e)   Incentive payment. Youth in tribal custody are eligible for a one-time monetary incentive payment when exiting tribal custody from an out-of-home placement to reunification, adoption, guardianship, or independence. The incentive payment is calculated based upon the youth's accomplishments between the time when IL services were initiated at age 16 until the youth exits care. Activities for which the youth receives compensation include educational attainment, employment, placement stability, volunteerism, life skills development, and planning for the future. The ICW worker contacts the CWS IL coordinator to obtain the application for these services. The KK case remains open when the child in tribal custody is enrolled in IL, is in a non-paid placement, and the case type is changed to IL.

[Source: Added at 19 Ok Reg 2209, eff 6-27-02; Amended at 24 Ok Reg 1044, eff 6-1-07; Amended at 30 Ok Reg 839, eff 7-1-13]