SECTION 377:10-7-3.8. Informal and alternate care arrangements  


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  • (a)   Informal care arrangements. The foster parent may make informal care arrangements with friends, neighbors, or relatives for occasional care of the juvenile, including before and after school hours, and not to exceed 24 consecutive hours.
    (1)   The foster parent shall:
    (A)   ensure that informal care providers possess the maturity and skill to address the needs of the juvenile in foster care;
    (B)   secure prior authorization for informal care from OJA. Prior authorization may apply to multiple events when the same informal provider is used;
    (C)   not utilize a juvenile in foster care to babysit a younger child unless approved by OJA; and
    (D)   provide the informal provider information for contacting the foster parent and other emergency contacts.
    (2)   The informal provider must be at least 18 years of age.
    (b)   Alternate care arrangements. The foster family may develop a relationship with another family as an alternate provider who can provide care for the juvenile in foster care in excess of 24 hours, in case of family emergencies, family vacations, or when the provider needs respite care. OJA must approve the alternate care and have documentation that the alternate provider is at least 21 years of age, provides one reference, meets the foster home requirements listed in OAC 377:10-7-3.3, and complies with discipline and behavior management requirements in OAC 377:10-7-3.9.
    (1)   OJA shall conduct a records search for every person living in the household who is or becomes 18 years of age or older, which shall be assessed yearly, and shall include all of the following:
    (A)   a national criminal history records search based upon submission of fingerprints that shall be conducted by the Oklahoma State Bureau of Investigation (OSBI) and the Federal Bureau of Investigation (FBI) pursuant to Section 150.9 of Title 74 of the Oklahoma Statutes;
    (B)   a search of the Oklahoma State Courts Network (OSCN) which may include Oklahoma District Court Records (ODCR);
    (C)   a search of the Department of Human Services (DHS) Child Care Restricted Registry, also known as Joshua's List;
    (D)   a search of the Department of Corrections (DOC) Sex Offender Registry;
    (E)   a search of the Department of Corrections (DOC) Violent Offender Registry, also known as the Mary Rippy Violent Crime Offenders Registry;
    (F)   a Motor Vehicle Report obtained from the Department of Public Safety (DPS);
    (G)   a search of all applicable out-of-state child abuse and neglect registries for the applicant and any adult household member who has not lived continuously in Oklahoma for the past five (5) years as required by 10A O.S., Section 1-7-111;
    (i)   the prospective foster home is not approved without the results for the applicant and adult household members of the out-of-state maintained child abuse and neglect registry checks, when a registry is maintained in the applicable state;
    (ii)   When no child abuse and neglect registry is maintained in the applicable state, OJA shall request any information that can be provided;
    (H)   a criminal history records search conducted by an authorized source, when any adult household member has lived outside the United States within the last five (5) years;
    (I)   a request for a background check from Family Advocacy for the active or retired military applicant or adult household member; and
    (J)   a search of all Department of Human Services (DHS) Child Welfare records for history of child maltreatment for any adult household member.
    (2)   A search of JOLTS shall be conducted by OJA on each minor over the age of thirteen (13) years residing in the home.
[Source: Added at 31 Ok Reg 317, eff 12-3-13 (emergency); Added at 31 Ok Reg 1929, eff 9-12-14; Amended at 32 Ok Reg 583, eff 2-3-15; Amended at 32 Ok Reg 2003, eff 9-11-15]