SECTION 340:75-8-6. Required protocol for therapeutic foster care (TFC) contractors

  TFC contractors must:

(1)   maintain a written case record on each child that documents all services provided or obtained for the child while in placement;

(2)   implement and review an individualized treatment plan for each child in placement, with documented input from the child's assigned Child Welfare Services (CWS) specialist, according to the requirements set forth in the Oklahoma Department of Human Services (DHS) contract;

(3)   assume responsibility for maintenance of basic needs of each child placed;

(4)   accept responsibility for a reasonable knowledge of the child's whereabouts at all times.

(A)   When a child:

(i)   is removed by anyone without authorization;

(ii)   is taken into custody by law enforcement officials;

(iii)   is missing from care; or

(iv)   otherwise cannot be accounted for, the TFC contractor immediately notifies, the:

(I)   assigned CWS specialist or CWS supervisor. CWS staff follows protocol and completes missing from care notifications, per Oklahoma Administrative Code (OAC) 340:75-6-48.3; and

(II)   local law enforcement with the child's physical description, last known location, any known possible locations, and the child's special needs that may enhance the urgency to locate the child. The TFC contractor contacts the TFC program staff for assistance when encountering any difficulty contacting the CWS specialist or CWS supervisor.

(B)   The contractor submits a written incident report to the child's assigned CWS specialist describing the circumstances and files a copy in the child's case record;

(5)   ensure the child receives all needed routine, specialized, and emergency medical care in a timely manner provided by a medical provider who accepts Medicaid payment.

(A)   DHS authorizes the TFC parent and TFC administrator in writing, through the placement provider agreement, to consent to routine and ordinary medical care and treatment needed by the child in DHS custody upon the advice of a licensed physician, per OAC 340:75-14-3.

(B)   Prior consultation and consent from DHS, the child's parent(s) or guardian, and the court, when applicable, as set out by Section 1-3-102 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-3-102), are required for:

(i)   emergency medical care. When appropriate DHS staff cannot be located and the situation is life-threatening, the provider obtains emergency care and treatment and notifies DHS at the earliest possible time; and

(ii)   any extraordinary medical care and treatment, such as surgery, general anesthesia, blood transfusions, or invasive or experimental procedures requires consent of the:

(I)   child's parent or guardian, when the child is in DHS emergency or temporary custody;

(II)   court of jurisdiction, when the child is in DHS emergency or temporary custody, and the treatment is related to the abuse or neglect, or the parent or guardian is unavailable or will not consent; or

(III)   court of jurisdiction, when the child is in DHS permanent custody.

(C)   The provider must comply with DHS policy for the administration of prescribed psychotropic medication found in OAC 340:75-14-3.

(D)   The contractor agrees to immediately report all emergency medical care to the child's assigned CWS specialist and to document the manner of report and response in the child's case record. The contractor ensures that CWS specialists, parents, and guardians are advised of physician recommendations regarding the use of psychotropic medications and the contractor must comply with DHS policy, per OAC 340:75-14-3. Neither DHS, a TFC parent, nor TFC contractor staff may consent to a child in DHS custody undergoing an abortion or sterilization procedure, initiating termination of life support, or implementing a "do not resuscitate" order;

(6)   notify the assigned CWS specialist or specialists and the TFC program staff of any accidental or non-accidental injuries sustained by the child, per OAC 340:75-3-400 and 340:75-14-3;

(7)   ensure the child's religious and cultural observances, practices, or beliefs comply with OAC 340:75-6-49;

(8)   develop and implement written policy and procedures regarding each child's access to legal counsel, court-appointed special advocate (CASA), DHS staff, phone, email, mail, and visitation, per OAC 340:75-6-30, 340:75-11-237, and 340:75-14-2. The policy must ensure the:

(A)   child has the right to interact with the child's attorney, guardian ad litem, CASA, and DHS staff in a manner and setting assuring confidentiality;

(B)   child's attorney, guardian ad litem, and CASA have the opportunity to meet with the child, observe the child in appropriate settings, including the child's current placement, and review the child's documents, reports, records, and other information relevant to the court case; and

(C)   TFC parent is advised of his or her right to submit a report to the court for presentation at the review hearing to assist the court in reviewing the child's placement and status;

(9)   develop and implement written policy and procedures regarding the maintenance and safeguarding of each child's clothing, personal items, property, and funds while placed;

(10)   ensure the completion of a clothing and personal item inventory for each child entering and leaving placement and ensure each child leaves the placement with all of his or her clothing and personal items;

(11)   obtain prior DHS approval any time the child travels overnight or outside of Oklahoma, per OAC 340:75-6-89;

(12)   not secure any placement without the prior planning and documented written approval of the CWS specialist.

(13)   develop and implement written policy for the approval and use of volunteers, when the TFC contractor utilizes volunteers that must, at a minimum, requires criminal history and sex offender registry checks;

(14)   develop and implement written policy and procedures that prohibit the utilization of any child in DHS custody for commercial purposes;

(15)   submit written reports to the child's CWS specialist or specialists describing the child's stay in placement, progress toward meeting the identified treatment plan, education, and medical care as requested for court hearings, and file a copy of the reports in the child's case record;

(16)   develop and implement written policy and procedures for discipline that comply with OAC 340:75-7-38 and 10A O.S. § 1-7-105;

(17)   ensure each employee and TFC parent is trained in an approved passive physical restraint curriculum;

(18)   develop and implement written policy and procedures requiring the TFC contractor, and all contractor employees, with reason to believe any child in placement was subject to abuse or neglect, to report it to the Oklahoma Child Abuse and Neglect Hotline the same day of the incident. Failure to report is a misdemeanor and failure to report with prolonged knowledge is a felony, per 10A O.S. § 1-2-101;

(19)   develop and implement written policy that prohibits possession or use of tobacco and tobacco products by any child in placement, and prohibits the use of tobacco or tobacco products by employees of the TFC contractor in the presence of any child in placement;

(20)   develop and implement written policy and a system for resolution of grievances by any child placed and by the TFC parent regarding the substance or application of any written or unwritten policy or rule, decision, act, or omission of the TFC contractor, TFC employees, or agents of the contractor, per OAC 340:2-3-49 and 340:2-3-50;

(21)   afford the TFC parent the same rights as all foster parents in Oklahoma, per 10A O.S. § 1-9-119;

(22)   ensure each employee and TFC parent has reasonable knowledge of the rights of a child in DHS custody, per OAC 340:75-14-2 and 10A O.S. § 1-9-119.1;

(23)   develop and implement written policy and procedures regarding communicable disease, per OAC 340:75-1, Part 9;

(24)   develop and implement written policy and procedures that certify compliance in providing or continuing to provide a drug-free workplace, per the Drug-Free Workplace Act of 1988;

(25)   develop and implement written policy and procedures to maintain confidentiality with regard to children in placement to comply with DHS rules regarding the protection, use, and release of client information, per 10A O.S. § 1-6-102 and Part 3 of OAC 340:75-1;

(26)   plan and coordinate each child's discharge with the child's CWS assigned specialist or specialists, when different, and provide a minimum of 72-business hours' notice to discharge, except in medical emergencies. On-site crisis intervention must be provided prior to any emergency discharge;

(27)   submit a written discharge summary to the child's CWS specialists within 30-calendar days of the child's discharge and file a copy in the child's case record. The discharge summary includes:

(A)   a summary of treatment services;

(B)   child's progress on the treatment plan;

(C)   reason for discharge; and

(D)   recommendations for future placements and services for the child's treatment needs;

(28)   ensure compliance with:

(A)   minimum licensing standards per Child Care Services licensing standards for child-placing agencies; and

(B)   staffing requirements per DHS Contract Agreement for TFC;

(29)   develop and implement written policy and operating procedures regarding corrective discipline procedures for employees;

(30)   ensure any TFC agency staff member responsible for conducting resource family assessments (RFAs) or annual updates attended DHS training prior to conducting RFAs or updates. The staff member must attend a minimum six hours of mandatory training annually;

(31)   ensure the TFC parent maintains a current Life Book for each child, regardless of the child's age that documents the child's stay in care, and provides continuity throughout the child's life, per OAC 340:75-7-37;

(32)   develop and implement written policy and operating procedures to govern the TFC parent's maintenance and administration of prescription and non-prescription medication to each child in placement, including transporting prescription and non-prescription medication when the child receives medication any place other than the TFC home, such as respite placements, family visits, and medication administered during school hours;

(33)   develop written policy and operating procedures regarding the use of physical force for behavior management of any child placed.

(A)   The use of mechanical restraints and the use of medication for behavior management are prohibited in the care and treatment of the child in DHS custody.

(B)   The use of physical force is permitted when it is necessary for the protection of the child or others consistent with an approved passive physical restraint curriculum, such as when the child's behavior poses an immediate danger or threat of danger to self or others and other methods were exhausted;

(34)   develop and implement written policy, operating procedures, and supervision guidelines regarding the use of solitary confinement and separation programs, such as restricting the child to his or her own room for a cooling off period. The duration of room restriction is specified at the time of assignment and is consistent with the child's chronological age; developmental level; behavioral, emotional, and medical needs; and availability of supervision;

(35)   for each scheduled review hearing, coordinate with the CWS specialist and the TFC parent for a youth 14 through 17 years of age to ensure the youth's availability to respond to the court's inquiry, in person, by phone, or by other electronic means, about the youth's plan for skills development and transition to successful adulthood;

(36)   assist the CWS specialist and TFC parent with ensuring youth in the eighth, ninth, or tenth grades are enrolled in the Oklahoma's Promise, formerly known as the Oklahoma Higher Learning Access Program, and provide TFC parents with information on the program's eligibility, application guidelines, and academic requirements; and

(37)   for any youth 14 years of age and older, assist the CWS specialist and youth, as needed, to remedy concerns of identity theft or fraudulent use of the youth's identity noted through a review of the his or her credit report provided by DHS.

[Source: Added at 18 Ok Reg 2309, eff 5-15-01 (emergency); Added at 18 Ok Reg 3067, eff 7-12-01; Amended at 19 Ok Reg 214, eff 12-1-01 (emergency); Amended at 19 Ok Reg 1129, eff 5-13-02; Amended at 19 Ok Reg 2258, eff 6-27-02; Amended at 22 Ok Reg 1242, eff 5-26-05; Amended at 24 Ok Reg 1044, eff 6-1-07; Amended at 26 Ok Reg 884, eff 5-15-09; 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 33 Ok Reg 477, eff 2-29-16 (emergency); Amended at 34 Ok Reg 1550, eff 9-15-17; Amended at 35 Ok Reg 1695, eff 9-17-18; Amended at 36 Ok Reg 1856, eff 9-16-19; Amended at 37 Ok Reg 1850, eff 9-15-20]