SECTION 340:75-7-51. Foster care claims

(a)   Foster care maintenance payments.

(1)   A foster care claim for a maintenance payment is approved after:

(A)   the resource family assessment is completed and approved, per Oklahoma Administrative Code (OAC) 340:75-7-18;

(B)   pre-service training is completed by each parent in the resource home unless an exception applies, per OAC 340:75-7-14;

(C)   the results of national criminal history records searches based on fingerprints are received regarding each applicant and each adult household member, per OAC 340:75-7-15;

(D)   a foster care contract is signed by each applicant; and

(E)   a Designated Client Number (DCN) is assigned to the foster care contract.

(2)   A maintenance payment may not precede the date of the foster care contract.

(3)   The resource parent authorizes direct deposit or obtains a debit card to receive foster care maintenance payments.

(b)   Overpayment or underpayment of the foster care maintenance payment. The Oklahoma Department of Human Services (DHS) and the resource parent ensure the accuracy of the foster care maintenance payment upon receipt of the payment. When an error occurs, the procedures for adjustments listed in (1) through (3) of this subsection must be completed.

(1)   The resource parent immediately notifies the resource specialist or DHS notifies the resource parent upon discovery of an error in the foster care maintenance payment.

(2)   DHS authorizes foster care supplemental payments upon discovery of underpayments. When an overpayment coincides with the underpayment, the overpayment is recouped before the underpayment is paid.

(3)   DHS authorizes repayment schedules when resource parents are paid for days the child was not in placement or for an amount greater than authorized.

(A)   The resource parent reimburses DHS for any overpayment, regardless of the party responsible for the error. Each monthly payment toward resolving the overpayment must equal at least 10 percent of the overpayment unless an exception was granted.

(B)   The resource specialist assigned to the resource home notifies the resource parent of the overpayment and explains the:

(i)   reason for the overpayment;

(ii)   amount of overpayment;

(iii)   resource parent's responsibility for repayment; and

(iv)   repayment options.

(C)   Repayment options are:

(i)   payment in full by check or money order payable to DHS;

(ii)   a deduction from the monthly foster care maintenance payment while children in DHS custody remain in the home; or

(iii)   extra payments each month to DHS as well as the deduction from the monthly foster care maintenance payment.

(D)   When the resource parent:

(i)   closes the home and does not repay the overpayment, the amount of the overpayment remains in the DHS electronic system indefinitely; and

(ii)   reopens the resource home after closure, the overpayment is deducted from the foster care maintenance payment.

[Source: Amended at 10 Ok Reg 3623, eff 7-12-93; Amended at 11 Ok Reg 501, eff 11-15-93 (emergency); Amended at 11 Ok Reg 2283, eff 5-26-94; Amended at 13 Ok Reg 3927, eff 4-29-96 (emergency); Amended at 14 Ok Reg 2288, eff 6-12-97; Amended at 15 Ok Reg 416, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1663, eff 5-11-98; Amended at 16 Ok Reg 102, eff 10-13-98 (preemptive); Amended at 17 Ok Reg 549, eff 10-1-99 (emergency); Amended at 17 Ok Reg 1311, eff 5-11-00; Amended at 18 Ok Reg 666, eff 1-10-01 (emergency); Amended at 18 Ok Reg 2128, eff 6-11-01; Amended at 19 Ok Reg 208, eff 12-1-01 (emergency); Amended at 19 Ok Reg 2226, eff 6-27-02; Amended at 21 Ok Reg 2385, eff 6-25-04; Amended at 22 Ok Reg 1242, eff 5-26-05; Amended at 25 Ok Reg 1335, eff 6-1-08; Amended at 26 Ok Reg 1282, eff 6-1-09; Amended at 29 Ok Reg 635, eff 6-1-12; Amended at 30 Ok Reg 839, eff 7-1-13; Amended at 35 Ok Reg 1695, eff 9-17-18]