SECTION 340:75-8-39. Child welfare (CW) specialist and Developmental Disabilities Services (DDS) staff shared responsibilities for a child receiving Home and Community-Based Services (HCBS)

(a)   Long-term plan. CW and DDS staff work together in identifying and developing the best long-term plan for a child in Oklahoma Department of Human Services (DHS)custody who has an intellectual disability. Permanency planning begins immediately after a child enters DHS custody, per Oklahoma Administrative Code (OAC) 340:75-6-31, and continues until the child returns home or an appropriate permanency plan is achieved.

(b)   Guardianship. When a child in DHS custody reaches 16 years of age, the CW specialist and DDS case manager review the permanency plan for transition to adulthood and complete a capacity assessment to determine necessity for an adult guardian, per OAC 340:100-3-5. Guardianship is generally not established prior to 18 years of age.

(1)   When guardianship is determined appropriate for a child who is transitioning from DHS custody to independence, the CW specialist coordinates with DDS to identify and establish a guardianship relationship for the child.

(2)   The CW specialist, DDS area guardianship coordinator, and, when applicable, DDS volunteer recruiter, assist the potential guardian to petition for guardianship a minimum of 30-calendar days prior to the child's 18th birthday in preparation for a hearing on or immediately following the child's 18th birthday.

[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 1270, eff 5-26-05; Amended at 24 Ok Reg 1044, eff 6-1-07; Amended at 33 Ok Reg 1635, eff 9-15-16]