SECTION 340:75-7-94. Resource home annual updates, non-compliance or rule violations, investigations, closures, and fair hearings

(a)   Annual update. The resource family assessment is updated annually from the resource home's approval date in KIDS.

(b)   Resource home non-compliance or rule violation issues. When non-compliance or rule violation issues in the home require remediation for continued use of the home, a written plan of compliance is developed as a tool to address the safety and stability of the child in Oklahoma Department of Human Services (DHS) custody placed in the home.

(c)   Resource home investigation.

(1)   When a Child Protective Services investigation results in removal of a child in DHS custody from the home:

(A)   Form 04MP014E, Notice of Child's Removal from Out-of-Home Placement, is provided by the child welfare (CW) specialist, per Oklahoma Administrative Code (OAC) 340:75-6-86; and

(B)   the resource parent receives Form 04MP031E, Notice of Decision Not to Return Child After Investigation, from the CW specialist when a decision is made not to return the child to the home.

(2)   Per Section 1-9-119 of Title 10A of the Oklahoma Statutes, the resource parent has the right to request and receive a fair and impartial administrative hearing regarding decisions that affect certification, retention, or placement of a child in DHS custody in the resource home.

(d)   Closure of the resource home. The resource home is closed and the contract is terminated, when:

(1)   resource home services are no longer needed;

(2)   kinship children are no longer placed in the kinship resource home;

(3)   the child leaves a resource home jointly-approved for that specific child;

(4)   the child is no longer placed in the resource home approved for the specific child;

(5)   the resource parent requests closure;

(6)   the resource parent fails to timely implement or maintain compliance with provisions of Form 04AF023E, Written Plan of Compliance, to resolve conditions that present a risk to the child or conditions that do not conform to the contract;

(7)   there are non-compliance issues related to a rule, statute, contract, or a written plan of compliance that are unresolved including, but not limited to, failure of the resource parent or household member to meet or maintain the initial screening and requirements, per 340:75-7-10.1 or maintain compliance with background requirements, per OAC 340:75-7-15; or

(8)   rules, statutes, or contract violations by the resource parent or household member occurred that resulted in DHS determining the child to be unsafe in the resource home.

(e)   Fair hearing. When the approved resource home is closed, the resource parent has the right to appeal closure through the fair hearing process, per OAC 340:75-1-12.6.

[Source: Added at 21 Ok Reg 2385, eff 6-25-04; Amended at 22 Ok Reg 1242, eff 5-26-05; Amended at 24 Ok Reg 1323, eff 6-1-07; Amended at 25 Ok Reg 1335, eff 6-1-08; 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; Amended at 36 Ok Reg 1856, eff 9-16-19]