SECTION 340:75-7-52. Foster care contracts and maintenance payments

(a)   Foster care contracts. The rules in this Section and the provisions of the foster care contract for services define the resource parent and Oklahoma Department of Human Services (DHS) responsibilities regarding the care of the child in a resource home. The foster care contract is signed when each requirement for approval as a resource parent is satisfied, per Oklahoma Administrative Code (OAC) 340:75-7-18, except for kinship, per OAC 340:75-7-24.

(1)   Foster care contracts are perpetually renewed and considered in effect unless a specific action by one of the parties to the contract terminates the contract. The resource parent is eligible for foster care maintenance payments effective the date the home is approved. The kinship resource parent is not paid retroactively to the date of the child's placement.

(2)   Foster care maintenance payments are authorized for intervals of care provided to a child in foster care:

(A)   placed by DHS; or

(B)   by a tribe with an approved Tribal/State Agreement with DHS.

(3)   On a case-by-case basis, the kinship resource parent may be approved for maintenance payments based on an exception to a non-safety requirement, per OAC 340:75-7-24.

(4)   The kinship resource parent who meets the degree of relationship, per OAC 340:10-9-1, may apply for assistance through Temporary Assistance for Needy Families (TANF) at a local DHS office pending resource home approval.

(b)   Foster care maintenance payments. When the child is eligible for a benefit payment, the resource family may opt to receive the larger of either the DHS foster care maintenance payment or the benefit payment, per OAC 340:75-7-52.1. The foster care contract authorizes foster care maintenance payments to offset the additional expense of caring for a child in DHS custody.

(1)   A foster care maintenance payment is not paid until the home is granted final approval. The foster care maintenance payment is issued the month after the care is provided. No foster care maintenance payment is paid after the effective date of the cancellation or termination of the contract.

(2)   The DHS Director authorizes the amount of the foster care maintenance payment and difficulty of care payment rates. Foster care maintenance payment rates are reviewed annually to ensure continued appropriateness, per Section 1356.21(m) of Title 45 of the Code of Federal Regulations. When additional funding is needed, a request is made through the Oklahoma legislative budget process for state agencies.

(3)   The foster care maintenance payment is a fixed monthly amount and corresponds to the child's age, per DHS Appendix C-20, Child Welfare Services Rates Schedule. When a change in the child's age qualifies for a new rate, the new rate becomes effective on the first day of the month following the child's birthday.

(4)   The foster care maintenance payment is provided to the resource parent to address the costs of room, board, clothing, and incidentals for the child in DHS custody.

(5)   The resource parent's monthly foster care maintenance payment includes a clothing allowance for each child in DHS custody, per OAC 340:75-13-45.

(6)   The medical expense of the child in foster care is covered through Medicaid (SoonerCare) when private insurance is not available to the child or through state funds when the child is not eligible for Medicaid (SoonerCare), per OAC 340:75-13.

(7)   The foster care maintenance payment received through the foster care contract is not considered income, per Section 131 of Title 26 of the United States Code and the resource family does not receive Form 1099 from DHS at year's end. The resource parent consults a tax advisor for advice, as needed.

(8)   When a partial month of foster care service is provided, the foster care maintenance payment begins on the child's date of entry to the resource home and concludes on the day before the child's departure from the home. A prorated sum is paid:

(A)   based on the number of days of service provided, multiplied by the daily rate, per DHS Appendix C-20; and

(B)   automatically by KIDS.

(9)   When a child is out of the resource home for family reunification purposes, pre-placement visits, or is missing from care for up to sevenconsecutive days, the resource parent receives a foster care maintenance payment when the child is expected to return to the resource home by the end of the seven consecutive days.

(10)   The resource parent is eligible for prorated foster care maintenance payments when the child attends an Indian boarding school, Oklahoma Schools for the Deafor Blind, or a similar residential program and returns to the resource home for weekends or school vacations.

(A)   When the child returns to the resource home for a summer vacation, the monthly rate is used.

(B)   The days the child spends in the resource home are documented in KIDS, and the foster care maintenance payment is automatically generated.

(11)   The resource parent is eligible for the foster care maintenance payment for up to 10-calendar days during each of the child's health or behavioral health hospitalization events when the child is expected to return to the resource home.

(12)   The foster care maintenance payment is generated electronically based on the child's placement episode in KIDS.

(c)   Termination of the foster care contract. Termination of the foster care contract occurs,per OAC 340:75-7-94 and results in closure of the resource home.

[Source: 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 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 23 Ok Reg 1024, eff 5-11-06; Amended at 24 Ok Reg 1323, eff 6-1-07; Amended at 25 Ok Reg 1335, eff 6-1-08; Amended at 26 Ok Reg 1282, eff 6-1-09; Amended at 27 Ok Reg 1092, eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10; 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]