SECTION 340:75-7-65. Child care and support services for the resource home

(a)   Child care subsidy. Child care subsidy benefits paid by the Oklahoma Department of Human Services (DHS) for a child in DHS or tribal custody are available, when:

(1)   a foster child attends an Early Head Start (EHS) program contracted with DHS to receive child care subsidy payments;

(2)   the resource is a:

(A)   paid or non-paid resource parent authorized for child care subsidy benefits by Child Welfare Services (CWS);

(B)   tribal resource family providing care for the child in tribal custody in a paid placement when authorized by the DHS tribal program staff;

(C)   coordinated foster care parent when authorized by the district of service;

(D)   shelter host home when authorized by the assigned child welfare (CW) specialist in the district of service;

(E)   supported home when authorized by the assigned DHS resource family partner liaison; or

(F)   therapeutic foster home when authorized by the Therapeutic Foster Care (TFC) program staff;

(3)   the need for child care is met:

(A)   when a single resource parent is:

(i)   employed 20 hours a week or more;

(ii)   enrolled and attending a formal education program for at least six credit hours per semester. A formal education program is defined as a course of study that leads to the attainment of an associate, bachelor's, or post-graduate degree;

(iii)   enrolled and attending a training program. A training program is defined as a course of study that when completed, qualifies a person to meet requirements for a job the individual could not have obtained without the certificate of completion, accreditation, or licensure resulting from completion of training;

(iv)   employed during night hours and needs DHS paid child care to allow him or her to sleep during the day. During the night working hours, a feasible alternative is used at no cost to DHS. Night working hours are defined as the hours between 11:00 p.m. and 7:00 a.m. The maximum amount of child care time approved by the resource specialist allows the resource parent eight hours of sleep plus travel time to and from the child care provider; and

(v)   approved for child care by the resource program staff for reasons other than those listed in this subparagraph. These decisions are made on a case-by-case basis;

(B)   in a two-parent resource home, when:

(i)   both resource parents are employed 20 hours a week or more and have the same working hours;

(ii)   one resource parent works and the other resource parent has a significant disability that precludes providing care for the child;

(iii)   one resource parent works during the same hours the other resource parent is enrolled and attending a formal education or training program as defined in (3)(A) of this subsection;

(iv)   sleep-time child care is needed during the day because one or both resource parents work nights. During the night working hours, a feasible alternative is used at no cost to DHS. When one resource parent works nights, the other resource parent must work or need child care for a reason that requires the approval of resource program staff during the hours the other resource parent is sleeping. Night working hours are defined as the hours between 11:00 p.m. and 7:00 a.m. The maximum amount of child care time approved by the resource specialist allows the resource parent eight hours of sleep, plus travel time to and from the child care provider; or

(v)   one resource parent works during the same hours the other resource parent needs child care for a reason other than those listed in this subparagraph. In this situation, the need for subsidized child care must be approved by resource program staff on a case-by-case basis; or

(4)   child care is provided:

(A)   in a licensed and contracted child care center with a one star plus or higher star status, unless there are no centers with a one star plus or higher star status in the community or special exception criteria are met. Special exception criteria are:

(i)   the child was already approved for care at the one star center prior to January 1, 2003, or prior to the provider's star status being reduced to one star. The child may remain in this facility, unless the child stops attending there for more than 30-calendar days. The child may be approved at this same facility again when the only reason the child did not attend for more than 30-calendar days was because of a school break or due to circumstances beyond the control of the resource home, such as the child's illness;

(ii)   care is requested for a child living in the same home as a child already approved for care per (3)(A)(i) of this paragraph for the same one star child care provider; or

(iii)   the resource parent demonstrates no other child care option meets the family's needs;

(B)   in a licensed and contracted child care home regardless of star level; or

(C)   by an approved in-home provider who cares for the child at the resource parent's home, per Oklahoma Administrative Code (OAC) 340:40-13-2.

(b)   Child care subsidy benefits available through Adult and Family Services (AFS). Child care subsidy benefits may be available through local DHS AFS for child care, per OAC 340:40, to:

(1)   resource parents who finalized an adoption of a foster child;

(2)   a child in tribal custody placed by the tribe in a home without a resource case in KIDS; and

(3)   a child in the custody of another state placed in a kinship home in Oklahoma through the Interstate Compact on the Placement of Children.

(c)   Foster care child care subsidy benefits not paid by DHS. Foster care child care subsidy benefits are not paid by DHS, when the:

(1)   resource parent has an ownership interest in the chosen child care center;

(2)   foster child attends a family child care home where the child lives, unless:

(A)   the child care home provided child care to the child immediately prior to the foster care placement; and

(B)   it is in the child's best interests to remain in the kinship provider's child care home;

(3)   resource parent works in the child care home during the same hours the child attends child care;

(4)   resource parent chooses more than one child care provider to provide service to a child on the same day;

(5)   resource parent makes informal arrangements for child care;

(6)   provider is receiving state or federal funds, such as Head Start or public schools, and is not charging all parents for the hours the subsidy payment is requested. EHS programs are exempt from this rule; or

(7)   provider is caring for a school-age child during the regular school day when such student could be attending a public or private school during those hours.

(d)   Child care subsidy benefits for a child with disabilities. A child with disabilities is potentially eligible for the higher special needs rate for child care subsidy benefits. Each child with disabilities requires a separate and specific certification of the child care provider.

(1)   A child with disabilities is defined as a child receiving:

(A)   Supplemental Security Income (SSI). This includes those whose SSI payment stops because of financial reasons, but who still meet the medical definition of disability as determined by the Social Security Administration;

(B)   SoonerStart early intervention services; or

(C)   special education services provided per an Individualized Education Program (IEP) by the child's school district.

(2)   When the child with disabilities is 13 years of age and older, the resource parent must provide a statement from a licensed health care professional verifying that the child is physically or mentally incapable of self-care as age-appropriate before care is approved, and annually at review. Subsidized child care benefits are not approved when a licensed health care professional states that the child is capable of self-care as age-appropriate.

(e)   Resource parent's responsibility for electronic benefit transfer (EBT). Refer to OAC 340:40-10 for information regarding the EBT system that includes the manual claim process. Resource parent responsibilities for EBT include:

(1)   watching the EBT training video;

(2)   completing and submitting a signed Form 04MP042E, Application for Child Welfare Child Care Benefits;

(3)   swiping the EBT card every day the child attends child care;

(4)   not swiping the EBT card for any day the child does not attend child care;

(5)   checking the message on the point of service machine for correct times of attendance and approval;

(6)   not giving the EBT card or personal identification number (PIN) to anyone, including the child care provider; and

(7)   paying for care that DHS does not pay because the:

(A)   EBT card was not swiped for the correct days and times the child attended child care;

(B)   swipes were denied and not corrected within 10-business days; or

(C)   provider loses the weekly rate payment for absent days because the correct attendance for every day the child attended that month was not swiped.

(f)   Therapeutic child care services. Therapeutic child care services are paid by DHS when recommended by a mental health professional and supporting documentation is provided. Prior authorization from the CWS Finance and Business Operations (FBO) is required. CWS FBO makes the determination of the availability of funds.

(g)   Overpayment of child care. DHS seeks repayment for any child care subsidy benefit paid in error to a licensed child care center, home, or professional in the resource parent's own home. The resource parent is responsible for reimbursing these costs to DHS when the overpayment occurs due to the resource parent's ineligibility.

(h)   Informal care arrangements for the foster child. Resource parents may make informal care arrangements with friends, neighbors, or relatives for the foster child's occasional care.

(1)   Resource parents apply the reasonable and prudent parent standard when selecting an informal care provider to care for the foster child and ensure he or she possesses the maturity and skills to address the child's needs.

(2)   The foster child may stay with a friend, when the resource parent:

(A)   knows the family;

(B)   reasonably believes the family, household members, and environment are safe for the child; and

(C)   exchanges contact information, including names, addresses, and phone numbers.

(3)   The resource parent notifies the resource specialist when using informal care arrangements. The resource parent cannot use an informal care provider who the resource specialist determines is unsafe.

(4)   The resource parent must obtain permission from the foster child's assigned CW specialist before allowing the foster child's relatives to provide informal care for the child.

(5)   An informal care provider, living outside of the resource parent's home, must be 18 years of age and older.

(6)   A teenager living in the resource parent's home must be 16 or 17 years of age, related to the resource parent, and is limited to providing 12-consecutive hours of informal care. The resource specialist and the resource parent assess the teen's ability and appropriateness to assume responsibility for the foster child and ensure his or her needs and well-being can be met.

(7)   The resource parent does not utilize a child in DHS custody to care for a younger child unless approved by the resource specialist.

(8)   Informal care providers must be notified on how to reach the resource parent and other emergency contacts.

(9)   An individual providing care for more than seven-consecutive days must be an approved alternate caregiver.

(i)   Alternate caregiver selected by the resource parent. The resource parent is required to identify at least one formal, alternate caregiver, but no more than two, who can fulfill the resource parent's role for the child in DHS custody placed in the resource home in case of family emergencies, or when the family needs an extended break for up to 14-consecutive days. The alternate caregiver is limited to providing care only for resource families for which the caregiver is approved.

(1)   The alternate caregiver is not used as a placement for the child.

(2)   The resource parent is responsible for identifying and reimbursing the alternate caregiver. When funding is available, respite vouchers may be used for reimbursement.

(3)   The alternate caregiver must be at least 21 years of age.

(4)   The alternate caregiver and each adult household member in the alternate caregiver's home must be willing to:

(A)   submit to a name-based records search by the Oklahoma State Bureau of Investigation, per OAC 340:75-7-15;

(B)   submit to a DHS records search including, but not limited to:

(i)   CW history, per OAC 340:75-7-15;

(ii)   Restricted Registry; and

(iii)   Community Services Worker Registry;

(C)   submit to an Oklahoma State Department of Health Nontechnical Services Worker Abuse Registry search;

(D)   submit to a Juvenile Online Tracking System records search for each child, 13 through 17 years of age, living in the home, per OAC 340:75-7-15;

(E)   engage in an evaluation of the home to assess the location, condition, and capacity to accommodate the child in DHS custody;

(F)   provide one reference on Form 04AF026E, Alternate Caregiver Reference Letter;

(G)   comply with discipline policy, per OAC 340:75-7-38, and confidentiality policy, per OAC 340:75-1-42; and

(H)   participate in a yearly update.

(j)   Respite care. Respite care can only be provided by an approved resource home. A resource home is not limited to providing respite care to only one resource family.

(k)   Resource home insurance. Liability insurance is provided for resource families for damages caused by the child in DHS custody per the terms of the policy. Resource families have the right to receive a copy of the liability insurance policy, per Section 1-9-119 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-9-119). Resource parents are responsible for any deductibles.

(l)   Foster care associations. DHS cooperates with and promotes the development of foster care associations for resource parents in each district. DHS provides information to resource families about local foster care associations.

(m)   Foster Care and Adoption Support Center. The Foster Care and Adoption Support Center, 1-800-376-9729, is maintained by the Foster Care and Adoption Support Unit and assists with questions and problem resolution.

(n)   Foster parents' rights. Foster parents' rights are found in 10A O.S. § 1-9-119 and a copy is given to every resource parent at the annual update.

(o)   Shared information. Information shared between CWS employees, resource parents, and parents includes, but is not limited to the:

(1)   child's legal status;

(2)   upcoming court hearings;

(3)   reason for the child's foster care placement;

(4)   child's and parent's prior and present living experiences; and

(5)   child's medical, psychological, and behavioral information, current photographs, and educational records.

(p)   Foster care grievance procedures. The resource parent and child in foster care have access to DHS grievance procedures through the Office of Client Advocacy, per OAC 340:2-3.

(q)   Foster care mediation program. The resource parent may access the foster care mediation program through the Oklahoma Commission on Children and Youth (OCCY), per OAC 340:75-7-291.

(r)   Resource parent complaints about DHS employees. Resource parents may file a complaint with OCCY Office of Juvenile System Oversight about an action of a DHS employee involving retaliation or discrimination against a resource parent, per OAC 340:75-7-292.

(s)   Training topics relevant to fostering. Pre-service and in-service training is provided to enhance the resource parent's foster parenting skills.

(t)   Travel reimbursement for the resource parent.

(1)   The resource parent, including a tribal resource parent, may be reimbursed for four trips per month for mileage incurred when providing transportation for the child in DHS custody placed in the resource home. When multiple children are included on a trip, the trip is counted as one trip for the group. Travel reimbursement may occur when the:

(A)   resource parent provides travel associated with the child's permanency and well-being, limited to:

(i)   visits with parents and any person approved by the child's CW specialist;

(ii)   visits with the child's sibling; or

(iii)   court hearings;

(B)   round trip for a single event is 26 miles or more; and

(C)   trips are documented and filed monthly on Form 10AD006E, Travel Claim, provided by a CW specialist, and processed through the Foster Care and Adoption Support Center.

(2)   Travel reimbursement may occur when transporting a child to and from the foster placement to Oklahoma Schools for the Blind or Deaf on a bi-weekly basis after all other options are exhausted.

(u)   Tax deduction available. An Oklahoma income tax deduction may be available for resource parents who meet requirements, per 68 O.S. § 2358.5-1. A resource parent with tax questions related to the care of a child in DHS custody contacts a tax professional.

[Source: Added at 17 Ok Reg 549, eff 12-1-99 (emergency); Added at 17 Ok Reg 1481, eff 3-27-00 (emergency); Added at 17 Ok Reg 2429, eff 6-26-00; Amended at 17 Ok Reg 3367, eff 9-1-00 (preemptive); Amended at 19 Ok Reg 2226, eff 6-27-02; Amended at 20 Ok Reg 747, eff 3-5-03 (emergency); Amended at 20 Ok Reg 2090, eff 6-26-03; 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 28 Ok Reg 894, eff 7-1-11; Amended at 29 Ok Reg 635, eff 6-1-12; Amended at 30 Ok Reg 839, eff 7-1-13; Amended at 32 Ok Reg 296, eff 11-17-14 through 9-14-15 (emergency); Amended at 35 Ok Reg 451, eff 1-31-18 (emergency); Amended at 35 Ok Reg 1695, eff 9-17-18; Amended at 37 Ok Reg 1850, eff 9-15-20]

Note

EDITOR’S NOTE: This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 9-15-15 (after the 9-14-15 expiration of the emergency action), the text of 340:75-7-65 reverted back to the permanent that became effective on 7-1-13, as was last published in the 2014 OAC Suppplment and republished in the 2015 OAC Supplement and the 2016 Edition of the OAC, and remained as such until amended again by emergency rulemaking on 1-31-18.