SECTION 340:75-8-1. Purpose, legal basis, and definitions

(a)   Purpose. Therapeutic foster care (TFC) serves children in Oklahoma Department of Human Services (DHS) custody who are:

(1)   4 through 17 years of age; and

(2)   youth, up to 19 years of age or until completion of high school who have requested extended services, and:

(A)   meets medical necessity criteria established by the Oklahoma Health Care Authority (OHCA);

(B)   responds to close relationships within a family setting;

(C)   requires more intensive behavioral health services than available in traditional and supported foster care family settings, when additional supports are not available or have failed to stabilize the child in a lesser restrictive placement; and does not require 24-hour supervision by an adult who is not sleeping.

(b)   Legal basis.

(1)   Section 1-7-103 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-7-103) mandates that DHS review and assess each child in DHS custody to determine the type of placement consistent with the child's treatment needs in the nearest geographical proximity to the child's home.

(2)   10A O.S. § 1-9-110 mandates that DHS develop and implement a diversity of community-based services and residential care, as needed, to provide for adequate and appropriate home-based and community-based treatment or rehabilitation of each child in a:

(A)   foster home;

(B)   group home;

(C)   community residential center; or

(D)   non-secure facility consistent with the child's individualized treatment needs and, when possible, in or near the child's home community.

(c)   Definitions. The following words and terms, when used in Part 1 of this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

(1)   "Oklahoma Department of Human Services (DHS) placement agreement for residential behavioral management services (RBMS)" means the contract entered into between DHS and an agency providing TFC services, including all attachments and exhibits.

(2)   "Oklahoma Health Care Authority (OHCA)" means the entity designated for administering Title XIX Medicaid reimbursement, including both the responsibility for the establishment of medical necessity criteria for children receiving TFC services and prior authorization for the admission and extension of Medicaid or Title XIX reimbursed TFC services.

(3)   "Therapeutic foster care (TFC)" means residential behavioral management services provided in a specialized foster care setting for a child who:

(A)   meets medical necessity criteria, per Oklahoma Administrative Code (OAC) 317:30-5-741;

(B)   has special psychological, behavioral, social, and emotional needs;

(C)   accepts and responds to close relationships within a family setting; and

(D)   requires more intensive or therapeutic services than are found in traditional foster care when additional supports are not available or have failed to stabilize the child in a less restrictive setting.

(4)   "TFC contractor" means a licensed child care agency that meets DHS and OHCA requirements to provide residential behavioral management services in a foster care setting. A TFC contract agency:

(A)   provides direct clinical treatment services to the child placed; and

(B)   recruits, trains, certifies, reimburses, and provides supportive services to the TFC foster parent.

[Source: Added at 18 Ok Reg 2309, eff 5-15-01 (emergency); Added at 18 Ok Reg 3067, eff 7-12-01; 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 1044, eff 6-1-07; Amended at 27 Ok Reg 1092, eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10; Amended at 31 Ok Reg 1839, eff 9-15-14; Amended at 35 Ok Reg 1695, eff 9-17-18]