SECTION 340:75-8-8. Therapeutic foster care (TFC) contractor requirements

(a)   TFC contractors:

(1)   engage in active recruitment of potential TFC parents who reflect the racial and ethnic diversity of children requiring placement, in compliance with the Multiethnic Placement Act of 1994 and the Interethnic Provisions of 1996, per Oklahoma Administrative Code (OAC) 340:75-7-10;

(2)   engage in active recruitment of potential TFC parents who are receptive and capable of meeting the service needs of all Oklahoma Department of Human Services (DHS) custody children determined to be eligible for TFC placement;

(3)   engage with a family within one-business day of receiving a recruitment lead referral from DHS. Upon request, the contractor communicates to CWS progress on development of the resource;

(4)   certify TFC homes according to rules established by Child Care Services (CCS), Child Welfare Services (CWS), OAC 340:75-7-10 through 340:75-7-19, Oklahoma Health Care Authority (OHCA), and the requirements outlined in the DHS placement agreement for residential behavioral management services (RBMS) in TFC Settings;

(5)   ensure each TFC parent receives the appropriate pre-service training according to CCS and OHCA rules, per OAC 317:30-5-740.1, CWS resource family requirements, and the requirements outlined in RBMS in TFC sections, prior to a child's placement in the home;

(6)   ensure the TFC home meets all certification requirements prior to a child's or youth's placement in the home;

(7)   evaluate the TFC parent's ability to provide TFC services and meet the needs of children receiving RMBS in a foster care setting, per OAC 340:75-7-94;

(8)   participate in regularly scheduled staffings on all child abuse and neglect referrals with CWS program staff, per OAC 340:75-3-410. Each TFC home file must contain a log of all investigations and screened-out referrals for use as a continual assessment of safety and resource home developmental needs;

(9)   ensure that no TFC home is used for new placements or respite care while under investigation for child abuse or neglect. New placements or respite care cannot resume without specific consent of CWS TFC program staff;

(10)   ensure each TFC parent meets the requirements for in-service training as defined in the DHS RBMS contract;

(11)   ensure the TFC parent has training and support to apply reasonable and prudent parent standards, per Section 1-1-105 of Title 10A of the Oklahoma Statutes. The reasonable and prudent parent standard is characterized by careful and sensible parental decisions that maintain the child's health, safety, and best interests while at the same time encouraging the child's emotional and developmental growth. This standard is used by the child's TFC parent when determining whether to allow a child to participate in extracurricular, enrichment, cultural, and social activities. The TFC parent may request consultation with the CWS specialist, biological parent or guardian, TFC contractor staff, or other parties to the child's case to assist with decision-making and ensure the child has access to immediate therapeutic response and support when needed. Visitation with the child's family of origin or connections identified by DHS to have restricted contact with the child must be approved by the child's CWS specialist;

(12)   complete Form 04TF006E, Unsupervised Time Assessment, for all TFC children, regardless of age, anytime an assessment is made that the child has the ability to have time away from the TFC parent's direct supervision for activities other than those included under reasonable and prudent parenting standards, such as the child spending time alone or attending a child care program while the TFC parent works. This assessment includes, but is not limited to, child care utilization and the TFC parent's availability to respond to behavioral needs and all problems when the child is not under his or her direct supervision. The assessment is documented as part of the child's ongoing TFC treatment plan with a copy of the finalized plan provided to the TFC parent or parents;

(13)   request approval from TFC program staff prior to accessing child care. The written request includes the:

(A)   therapeutic justification in the child's treatment plan of daily child care outside of the child's TFC placement home;

(B)   justification for the TFC parent's need for child care outside of the child's TFC placement home;

(C)   ability of child care staff or the child care provider to meet the child's emotional and behavioral needs and all problems;

(D)   availability of the TFC parent and TFC contractor staff to respond to behavioral needs and all problems at the child care environment;

(E)   verification of the child care center's licensing status, star ratings, and adult-to child ratio, per OAC 340:75-7-65(a)(4)(A);

(F)   proposed weekly schedule for child care utilization; and

(G)   planned length of use of child care as a service component of the child's treatment plan;

(14)   follow established protocol found in the RBMS, contract for TFC services, for managing the transfer of a currently certified foster home from another contracting agency;

(15)   do not certify a DHS employee as a TFC parent without prior written approval from the CWS director or designee. The TFC contractor submits the written request to the CWS TFC program staff. The review of the request is consistent with OAC 340:75-7-10.1;

(16)   do not certify a TFC agency employee assigned to the TFC program as a TFC parent without prior written approval from the CWS TFC program staff. The request includes a copy of TFC agency policy regarding certification of the TFC agency employees;

(17)   do not accept a TFC parent application from a person licensed to provide child care services. Families are not approved as licensed family child care homes and TFC homes at their home or in any other location;

(18)   establish a procedure to address and document a response to concerns in a TFC home that do not warrant a referral for an abuse or neglect assessment or investigation. Examples of these concerns include, but are not limited to, a TFC parent's judgment or supervision, disciplinary practices, non-compliance with policy or contract, unacceptable housing standards, inadequate clothing provisions for the child, or a lack of involvement in the child's education or independent living skills. CWS has the right to decline the home's use when the TFC parent's documented efforts did not resolve the concerns; and

(19)   require all TFC parents to immediately report to the TFC contractor:

(A)   charges or arrests of any TFC parent or household member and any criminal investigation of a TFC parent or household member; or

(B)   a proceeding for a protective order filed by, or against any member, of the household. The TFC contractor immediately reports these events to CWS TFC program staff and complies with directives given to ensure the safety of children in the home.

(b)   TFC homes may be jointly-approved, per OAC 340:75-7-19.

[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 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 25 Ok Reg 1953, eff 7-1-08; Amended at 26 Ok Reg 884, eff 5-15-09; 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 1587, eff 9-15-17; Amended at 35 Ok Reg 1695, eff 9-17-18; Amended at 37 Ok Reg 1850, eff 9-15-20]