SECTION 340:75-19-32. Agreements for foster care

(a)   The Oklahoma Indian Child Welfare Act (OICWA) Section 40.7 of Title 10 of the Oklahoma Statutes authorizes the Oklahoma Department of Human Services (DHS) to enter into contractual agreements with Indian tribes for the care of Indian children. The objective of the agreements is to enhance coordination and cooperation between the tribes and DHS in providing appropriate foster care and related services to Indian children in both DHS and tribal custody.

(b)   DHS pays the costs of foster care to tribally approved foster homes for the placement of Indian children in DHS or tribal custody.

(c)   Tribes develop and implement tribal foster home standards according to each tribe's culture and standards. The tribe's foster home standards are submitted in writing to DHS tribal program staff and are used by the tribe to certify tribal foster homes. Tribal-certified foster families may serve as placement resources for the Indian child in DHS or tribal custody.

(d)   The foster care maintenance payment to the tribal-certified foster home is initiated only after the tribe submits the tribal-certified foster resource home study. Maintenance payments are not provided to any tribal foster home prior to the date of the approval. The tribe mails or faxes each completed tribal-certified foster resource home study and re-assessment to DHS tribal r program staff. The Indian child welfare (ICW) worker sends documentation of the effective date and reason for closure of tribal foster homes to OKDHS DHS tribal program staff.

(e)   Confidentiality is addressed in each contractual agreement for foster care. The tribe agrees to exercise confidentiality and provide information only to those persons who need the information in order to exercise the tribes' rights under the federal and state ICWA.

(f)   Federal and Oklahoma laws and regulations regarding review hearings, permanency hearings, case plans, and recordkeeping are applicable to the Indian child placed in tribal custody and a tribal foster home.

(g)   Each contractual agreement for foster care includes DHS responsibilities for placement of the Indian child in tribal custody.

(h)   The tribe agrees to abide by the placement preferences of the federal and state ICWA unless the tribe establishes by resolution a different order of preference. The tribe submits any changes in the tribe's placement preference order, in writing, within 10-calendar days, to DHS tribal program staff.

(i)   The Plan of Operation is a binding part of each contractual agreement for foster care and sets forth tribal foster home procedures and protocols for the placement of the Indian child in tribal custody.

(j)   Each contractual agreement for foster care is renewed annually and may be amended or terminated at any time by mutual consent of the parties, as set out in the agreement.

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