Present were Chairman Richard DeVaughn, Ronald Mercer, Steve Beebe, Wayne Cunningham, Michael Peck and Aneta Wilkinson.
Chairman DeVaughn called the meeting to order at 9:30 a.m. The minutes from the Dec. 7, 2006 commission meeting were approved, 6-0.
Oklahoma Department of Human Services (OKDHS) Director Howard H. Hendrick began his formal comments to the Commission by listing some recent site visits that included: the Governor’s Disability Awards presentation, Area V visit to McIntosh County in Eufaula, OK Marriage Initiative Research Advisory Group, OU College of Public Health Advisory Group, Domestic Violence Partnership meeting, Sequoyah Building Holiday Celebration, Leadership OKC Homeless presentation, ROC, Wall Builders Counseling, Area III County Directors Leadership meeting, Oklahoma County Juvenile Court Planning meeting, Deborah Rothe Group Home Christmas Open House, State Court Administrator and Supreme Court Initiative for improving juvenile court services, meeting with OSF and Legislative staff regarding the Governor’s Budget Proposal, Legislative meeting regarding plans for the Seminole County CSED office, Commissioner of Health meeting regarding interagency issues, Legislative Task Force on the Insurance Availability for Nursing Homes, Leadership Oklahoma Luncheon for Governor’s Cabinet, Governor’s Inaugural events, ADvantage Providers meeting, Agency Director’s meeting regarding health care, Foster Care Association Leadership meeting, Human Services Cabinet meeting, Oklahoma Institute for Child Advocacy Planning meeting, Smart Start Oklahoma Executive Committee meeting, Strategic Planning meeting for OKDHS officers, House of Representatives Social Services Subcommittee meeting and the Co-President Pro Tempore Inaugural event.
Next, the Director shared some good news. The response to the ice storm has been excellent. Coordination took place between our Emergency Response efforts and the various county needs. Many offices experienced “reduced services.” The Pittsburg County office was without power for three days. The Muskogee County staff responded to a wave of families needing emergency supplemental food stamps to replace food lost in the storms. Wagoner County staff responded to an apartment complex that went without electricity for several days by working out some community support for the residents from a local Wal-Mart store. The Logan County staff worked with county officials to reduce the structural risk to the aging office building by having the county staff shovel snow and ice off the roof. The McAlester Warehouse worked with the local Red Cross and churches to provide USDA-approved food cooked for congregate settings. The warehouse site is a hub and a vital link. Many persons pre-identified as “vulnerable” were checked on during the course of the power outages in various counties.
Also, the Strategic Planning sessions with the officers were helpful in developing some thinking about where we should go over the next five years. More information will follow when the minutes are completed.
Dr. Vincent Filitti will visit the state on Wednesday and Thursday of this week.
New county directors were selected for the Moore office and Grady, Mayes and Wagoner Counties.
The new Legislative Committee Assignments are:
House of Representatives: Rep. Lance Cargill (R-Harrah), Speaker; Rep. Greg Piatt, Majority floor Leader; Rep. Chris Benge, Appropriations Chairman; and Rep. Rob Johnson, Majority Whip.
The new Committee Structure is: Rep. Ron Peters (R-Tulsa), Human Services Committee Chair; Rep. Sally Kern (R-Oklahoma City), Social Services Subcommittee Chair; Rep. Pam Peterson (R-Tulsa), Children and Families Subcommittee Chair; and Lisa Billy (R-Purcell), International, Federal and Tribal Relations Subcommittee Chair.
State Senate: With the State Senate in a 50-50 tie, the structure is: Sen. Mike Morgan (D-Stillwater), Democratic Leader; Sen. Glen Coffee (R-Oklahoma City), Republican Leader; Lt. Gov. Jari Askins will serve as the tie breaking vote.
The Human Services Subcommittee Structure is: Sen. Patrick Anderson (R-Enid) Co-Chair; and Sen. Nancy Riley (D-Tulsa), Co-Chair.
The Health and Human Services Committee Structure is: Sen. Andrew Rice (D-Oklahoma City), Co-Chair; and Sen. Todd Lamb (R-Oklahoma City), Co-Chair.
Director Hendrick next gave a brief update on Workforce Costs and Benefits: Wages, Benefits and Productivity.
The Director gave a brief overview of the Food Stamp Program.
The Director also gave brief summaries on the Developmental Disabilities Services Division (DDSD) Waiting List and the ADvantage Waiver program.
The Director pointed out that recent changes in the leadership team are now reflected in the updated organizational chart. With the retirement of Farilyn Ballard, Marq Youngblood has been named Chief Operating Officer of the Human Services Centers, while Connie Schlittler has been named Chief Information Officer of the Information Services Divisions. Schlittler will retain the title of director of the Office of Planning, Research and Statistics.
The Director concluded his formal comments by highlighting some activities in progress that include completing the scripting of the strategic thinking meetings and beginning discussions with a working group of the Commission for future recommendations. Other activities include responding to the various legislative committees during the state legislative session and preparing to respond to proposals for federal legislation.
At the conclusion of the Director’s report, Chairman DeVaughn commended the employees who went “above and beyond” during the ice storms. Their hard work alleviated the trauma to clients and citizens, the Chairman noted.
Chief Financial Officer Phil Motley presented the budget report for November and December. Through the month of December, operational expenditures and payables, for the current year, were 4 percent below budget expectations. Operational receipts and receivables through the same period were 3.6 percent less than planned. Subsequently, the current year financial position was approximately $10 million at year end.
Three major program areas and one administrative area are over budget as of the end of December, Motley reported. Children and Family Services Field Staff in Field Operations remains over budget by 0.5 percent due to double fills and overtime. Children and Family Services Division Group Homes and Shelters also continue to be over budget at 9.5 percent due to double filled positions at both the Laura Dester and Pauline Mayer Shelters. The ADvantage State Share program expenditures in the Aging Division have now increased to a 12.6 percent over budget position. The expenditures in this program are creating an over budget position of 2.6 percent for the Aging Services Division.
There were 149 new adoptive placements completed during the months of November and December. The number of children in Foster Care rose by 7 in November and by 86 in December. Food Stamp cases declined by 873 for the month of November and experienced an additional decline by 966 for the month of December. TANF child only cases declined by 74 and 31 in November and December, respectively, while the cases with adults decreased by 174 in November and then increased by 14 in December.
The Commission approved 11 Administrative Rules:
Part I. Permanent rule proposals which have not been previously approved by the Commission under emergency provisions of the Administrative Procedures Act. Any comments received during the comment period are summarized following the agenda item, along with the response from OKDHS.
A. CHAPTER 1. FUNCTION AND STRUCTURE OF THE DEPARTMENT
Subchapter 1. General Provisions
OAC 340:1-1-17 [AMENDED]
OAC 340:1-1-21 [AMENDED]
(Reference APA WF 06-22)
SUMMARY: Chapter 1 proposed rule revisions reflect current: (1) names of offices within the Oklahoma Department of Human Services (OKDHS); and (2) OKDHS form numbers.
340:1-1-17 revisions reflect current names of divisions and offices within OKDHS.
340:1-1-21 revisions amend an OKDHS form number.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules support the goal to continuously improve systems and processes to achieve OKDHS goals.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rule, which is estimated to be under $10. This cost is within the current budget and requires no additional funding.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Sections 250 et seq. of Title 75 of the Oklahoma Statutes.
B. CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 3. Office of Client Advocacy
Part 1. Administration
OAC 340:2-3-2 [AMENDED]
Part 3. Investigations
OAC 340:2-3-33 through 340:2-3-38 [AMENDED]
Part 5. Grievances
OAC 340:2-3-45 through 340:2-3-53 [AMENDED]
OAC 340:2-3-55 [AMENDED]
Part 7. Grievance and Abuse Review Committee
OAC 340:2-3-64 [AMENDED]
Part 9. Ombudsman Programs
OAC 340:2-3-71 [AMENDED]
OAC 340:2-3-73 through 340:2-3-74 [AMENDED]
(Reference APA WF 06-17)
SUMMARY: Proposed rule revisions provide quality improvement to Office of Client Advocacy (OCA) rules, clarification for OCA processes and procedures, and accountability for good customer service.
340:2-3-2 revisions clarify definitions, correct citations, and remove ambiguities.
340:2-3-33(a)(3) and (4) revisions clarify the differences between reporting and referring to OCA, and 340:2-3-33(e)(1) revisions insert a new Oklahoma Department of Human Services (OKDHS) form number.
340:2-3-34, 340:2-3-35, 340:2-3-36, 340:2-3-37, 340:2-3-48, 340:2-3-49, 340:2 3-50, 340:2-3-53, 340:2-3-64, 340:2-3-73, and 340-2-3-74 revisions insert new OKDHS form numbers.
340:2-3-38 revisions clarify that OCA serves the foster care program of the OKDHS Developmental Disabilities Services Division and insert a new OKDHS form number.
340:2-3-45 revisions: (1) clarify the title of the OCA grievance liaison; (2) insert new form numbers; (3) clarify the local grievance coordinator (LGC) process; and (4) clarify the foster parent grievance process to allow for mediation.
340:2-3-46, 340:2-3-47, 340:2-3-51, and 340:2-3-52 revisions clarify the title of the OCA grievance liaison and insert new OKDHS form numbers.
340:2-3-55 revisions clarify the title of the OCA grievance liaison.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules support the goal to continuously improve systems and processes to achieve OKDHS goals by providing OCA staff, clients, and customers with clarification regarding OCA services and processes.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rule, which is estimated to be under $10. This cost is within the current budget and requires no additional funding.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections 175.20 and 601.6 of Title 10 of the Oklahoma Statutes (O.S.); and Sections 10-101 through 10-111 of Title 43A.
C. CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 31. Planning, Legislative Relations and Policy, And Research
Part 4. Planning And Research Office of Legislative Relations and Policy
OAC 340:2-31-10 [AMENDED]
Part 5. Petitioning for Rulemaking
OAC 340:2-31-31 through 340:2-31-33 [AMENDED]
Subchapter 33. Rates and Standards
OAC 340:2-33-1 through 340:2-33-3 [AMENDED]
OAC 340:2-33-4 through 340:2-33-5 [REVOKED]
(Reference APA WF 06-21)
SUMMARY: Chapter 2, Subchapters 31 and 33, proposed revisions: (1) remove language regarding planning and research due to organizational restructuring; (2) reflect the new name and responsibilities of the Office of Legislative Relations and Policy (OLRP); (3) update language regarding petitions for rulemaking; (4) reflect the current title of the Oklahoma Department of Human Services (OKDHS) and the Committee on Rates and Standards; and (5) revoke language that is internal OKDHS procedures.
340:2-31-10 revisions: (1) remove language regarding planning and research due to organizational restructuring; (2) reflect the new name of OLRP; and (3) include responsibilities of OLRP.
340:2-31-31 through 2-31-33 revisions: (1) update rules regarding petitions for rulemaking; and (2) include OLRP responsibilities.
340:2-33-1 through 2-33-3 revisions reflect the current title of OKDHS and the Committee on Rates and Standards.
340:2-33-4 through 2-33-5 are revoked as the material is internal OKDHS procedures.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules support the goal to continuously improve systems and processes to achieve OKDHS goals.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rule, which is estimated to be under $10. This cost is within the current budget and requires no additional funding.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Sections 250 et seq. of Title 75 of the Oklahoma Statutes.
D. CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 39. Planning, Research, and Statistics
OAC 340:2-39-1 [NEW]
(Reference APA WF 06-20)
SUMMARY: In Chapter 2 a new Subchapter and Section is created due to the Oklahoma Department of Human Services (OKDHS) reorganization establishing the Office of Planning, Research, and Statistics (OPRS).
340:2-39-1 is created to reflect the purpose and responsibilities of OPRS.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rule supports the OKDHS goal to continuously improve systems and processes.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rule, which is estimated to be under $10. This cost is within the current budget and requires no additional funding.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Title XX of the federal Social Security Act; Section 162(a) of Title 56 of the Oklahoma Statutes (O.S.); and Section 45.3(A) of Title 62 O.S.
E. CHAPTER 5. ADULT PROTECTIVE SERVICES
Subchapter 1. General Provisions
OAC 340:5-1-8 [AMENDED]
(Reference APA WF 06-15)
SUMMARY: Adult Protective Services (APS) proposed rule revisions change the responsibility of responding to complaints on APS policy and procedures and conducting a case review from the APS field liaison to the county director.
340:5-1-8 revisions specify the county director is responsible for performing a case review when complaints are received regarding APS policy and procedure.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rule change supports the Oklahoma Department of Human Services (OKDHS) goals of protecting vulnerable adults from abuse, neglect, and exploitation.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rule, which is estimated to be under $20. This cost is within the current budget and requires no additional funding.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Sections 10-101 through 10-110 of Title 43A of the Oklahoma Statutes.
F. CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program
OAC 340:10-2-3 [AMENDED]
OAC 340:10-2-5 through 340:10-2-7 [AMENDED]
Subchapter 10. Conditions of Eligibility - Deprivation
OAC 340:10-10-4 [AMENDED]
OAC 340:10-10-6 [AMENDED]
(Reference APA WF 06-14)
SUMMARY: Proposed Chapter 10, Temporary Assistance for Needy Families (TANF), rule revisions: (1) add additional assessment tools; (2) limit job search and job readiness activities; (3) reflect the current names and form numbers; and (5) remove an obsolete rule.
340:10-2-3 is revised to include the assessments of Key Train and Career Readiness Certificate and to reflect current form numbers.
340:10-2-5 and 340:10-2-6 revisions limit job search and job readiness activities to 12 weeks in a federal fiscal year and reflect current form numbers.
340:10-2-7 is revised to include community service as a TANF Work activity.
340:10-10-4 and 340:10-10-6 are revised to reflect current rules and names and form numbers from the Child Support Enforcement Division.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules support the Oklahoma Department of Human Services (OKDHS) mission to administer public resources in a fiscally responsible and ethical manner.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rule, which is estimated to be under $10. This cost is within the current budget and requires no additional funding.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections 230.50, 230.52, 230.55, 230.56, 230.60, and 230.62 through 230.66 of Title 56 of the Oklahoma Statutes; the Personal Responsibility and Work Opportunity Act of 1996; and the Deficit Reduction Act of 2005.
G. CHAPTER 40. CHILD CARE SERVICES
Subchapter 3. Initial Application
OAC 340:40-3-1 [AMENDED]
Subchapter 5. Plan of Service
OAC 340:40-5-1 [AMENDED]
Subchapter 7. Eligibility
OAC 340:40-7-1 [AMENDED]
OAC 340: 40-7-13 [AMENDED]
Subchapter 9. Procedures Relating to Case Changes
OAC 340:40-9-1 through 340:40-9-3 [AMENDED]
Subchapter 10. Electronic Benefit Transfer (EBT) System for Child Care
OAC 340:40-10-4 [AMENDED]
Subchapter 13. Child Care Rates and Provider Issues
OAC 340:40-13-1 through 340:40-13-3 [AMENDED]
OAC 340:40-13-5 [AMENDED]
(Reference APA WF 06-18)
SUMMARY: Chapter 40, Child Care Services, proposed rule revisions: (1) allow the use of the same application form when the client is denied benefits and then found eligible within 60 days of the original request date; (2) remove the requirement for an emergency contact; (3) permit annual reviews for benefit reporter households; (4) remove the requirement for a yearly consultation for children approved for a severe special needs rate to coincide with Division of Child Care policy; (5) add the requirement that a child care provider applying for a child care contract must provide a copy of the Oklahoma State Bureau of Investigation (OSBI) background investigation report; (6) add the requirement that a center provider must provide proof of employer identification number; (7) remove the requirement that a new child care provider contract must be completed when a provider changes address; (8) add clarifying information; and (9) remove obsolete language.
340:40-3-1 is amended to: (1) allow staff to use the same application form when the client is denied and then found eligible within 60 days of the original request date; (2) add clarifying information; and (3) remove obsolete language.
340:40-5-1 is amended to: (1) remove the requirement for an emergency contact; (2) add clarifying language; and (3) remove obsolete language.
340:40-7-1 is amended to: (1) include an exception to a child being predetermined eligible for a zero co-payment when it benefits the family to include the child in the same household with other children considered income eligible; and (2) add clarifying information.
340:40-9-1 is amended to: (1) change information regarding benefit reporter households to allow for annual reviews; (2) add clarifying information; and (3) remove obsolete language.
340:40-9-2 is amended to: (1) remove internal procedures; and (2) correct a reference citation.
340:40-7-13, 340:40-9-3, and 340:40-10-4 are amended to: (1) add clarifying information; and (2) remove obsolete language.
340:40-13-1 is amended to remove: (1) the requirement for a yearly consultation for children approved for a severe special needs rate to coincide with DCC policy; and (2) obsolete language.
340:40-13-2 is amended to: (1) allow a household member to be approved as an in-home provider if he or she quits a full-time job to do so; and (2) remove obsolete language.
340:40-13-3 is amended to remove obsolete language.
340:40-13-5 is amended to: (1) add the requirement that a child care provider applying for a child care contract must provide a copy of the OSBI background investigation report; (2) add the requirement that if the provider is a center provider, proof of the employer identification number must be provided to the child care liaison; (3) remove the requirement that a new child care provider contract must be completed when a provider changes address; (4) add clarifying information; and (5) remove obsolete language.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rule supports the OKDHS goal to continuously improve systems and processes.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rule, which is estimated to be under $20. This cost is within the current budget and requires no additional funding.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law (P.L.) 104-193; the Balanced Budget Act of 1997, P.L. 105-33; and Title 45 Code of Federal Regulations Parts 98 and 99.
H. CHAPTER 50. FOOD STAMP PROGRAM
Subchapter 9. Eligibility and Benefit Determination Procedures
OAC 340:50-9-5 [AMENDED]
(Reference APA WF 06-19)
SUMMARY: Proposed Food Stamp Program rule revisions update language regarding when a benefit reporter case may be reopened.
340:50-9-5 revisions update language on when a benefit reporter case may be reopened.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules support the goal to continuously improve systems and processes to achieve the Oklahoma Department of Human Services (OKDHS) goals.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rule, which is estimated to be under $20. This cost is within the current budget and requires no additional funding.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Section 273.11 of Title 7 of the Code of Federal Regulations.
I. CHAPTER 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 3. Eligibility for Benefits
OAC 340:65-3-4 [AMENDED]
OAC 340:65-3-8 [AMENDED]
Subchapter 5. Procedures Relating to Case Changes
Part 1. General Provisions
OAC 340:65-5-6 [AMENDED]
(Reference APA WF 06-16)
SUMMARY: Chapter 65 proposed rule revisions: (1) add information regarding when six-month Temporary Assistance for Needy Families (TANF) reviews are needed; (2) change information regarding benefit reporter households; (3) clarify existing rules; (4) replace obsolete language; and (4) reflect current form numbers.
340:65-3-4 is amended to: (1) clarify existing rules; (2) replace obsolete language; and (3) reflect current form numbers.
340:65-3-8 is amended to: (1) add information about when TANF reviews are due every six months; (2) change information regarding benefit reporter households; (3) replace obsolete language; and (4) reflect current form numbers.
340:65-5-6 is amended to clarify existing rules and replace obsolete language.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules support the goal to continuously improve systems and processes to achieve OKDHS goals.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rule, which is estimated to be under $20. This cost is within the current budget and requires no additional funding.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Sections 161 et seq. of Title 56 of the Oklahoma Statutes.
J. CHAPTER 75. CHILD WELFARE
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
OAC 340:75-1-12.2 [AMENDED]
OAC 340:75-1-18 through 340:75-1-18.1 [AMENDED]
Part 3. Child Welfare Confidentiality
OAC 340:75-1-44 [AMENDED]
Subchapter 4. Family-Centered and Community Services
Part 1. Voluntary Family-Centered Services
OAC 340:75-4-12.1 through 340:75-1-12.2 [AMENDED]
OAC 340:75-4-13 [AMENDED]
Subchapter 6. Permanency Planning
Part 5. Permanency Planning Services
OAC 340:75-6-31 [AMENDED]
OAC 340:75-6-31.5 [AMENDED]
Part 7. Case Plans
OAC 340:75-6-40.2 through 340:75-6-40.5 [AMENDED]
Part 8. Role of the Child Welfare Worker
OAC 340:75-6-48 [AMENDED]
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85 [AMENDED]
OAC 340:75-6-85.2 [AMENDED]
OAC 340:75-6-85.4 through 340:75-6-85.6 [AMENDED]
OAC 340:75-6-86 [AMENDED]
OAC 340:75-6-88 through 340:75-6-89 [AMENDED]
Subchapter 8. Therapeutic Foster Care and Developmental Disabilities Services
Part 1. Therapeutic Foster Care
OAC 340:75-8-1 [AMENDED]
OAC 340:75-8-6 through 340:75-8-11 [AMENDED]
Part 3. DDSD Services for Children in Custody Children
OAC 340:75-8-36 through 340:75-8-39 [AMENDED]
Subchapter 15. Adoptions
Part 14. Post Adoption Services
OAC 340:75-15-128.2 through 340:75-15-128.3 [AMENDED]
OAC 340:75-15-128.5 through 340:75-15-128.6 [AMENDED]
Subchapter 16. Mental Health Treatment Services
Part 1. Inpatient Mental Health Treatment
OAC 340:75-16-29 through 340:75-16-32 [AMENDED]
OAC 340:75-16-34 through 340:75-16-37 [AMENDED]
Part 3. Outpatient Behavioral Health Care Services
OAC 340:75-16-45 [AMENDED]
Subchapter 19. Working with Indian Children
OAC 340:75-19-1 through 340:75-19-4 [AMENDED]
OAC 340:75-19-11 [AMENDED]
OAC 340:75-19-16 [AMENDED]
OAC 340:75-19-22 [AMENDED]
OAC 340:75-19-26 [AMENDED]
OAC 340:75-19-28 through 340:75-19-31 [AMENDED]
OAC 340:75-19-33 [AMENDED]
(Reference APA WF 06-23)
SUMMARY: The proposed revisions to Subchapters 1, 4, 6, 8, 15, 16, and 19 of Chapter 75 clarify: (1) the appeal process in cases of child abuse or neglect; (2) Oklahoma Department of Human Services (OKDHS) requirements for confidentiality and disclosure of information without a court order; (3) reasonable efforts are made in permanency planning to consider in-state and out-of-state placements; (4) options available for voluntary family centered services; (5) procedures, terminology, and responsibilities regarding permanency placement; (6) the Child Welfare (CW) worker's role when a child in OKDHS custody is receiving Developmental Disability Services Division (DDSD) services; (7) contact frequency between CW worker and child and CW worker and parent; (8) that the court may not direct placement of a child who is placed in OKDHS custody; (9) a child may travel outside the country with the placement provider or person approved by the child's CW worker; (10) requirement for therapeutic foster care child care and respite providers; (11) requirements for DDSD needs assessment and referrals; (12) age and exceptions for termination of adoption assistance payments; (13) eligibility for Title IV-E adoption assistance; (14) that APS Healthcare is designated by Oklahoma Health Care Authority to facilitate outpatient and inpatient psychiatric medical necessity care reviews for acute and residential inpatient mental health treatment; (15) the reviewer's decision making process for length of stay and extension of stay in an inpatient mental health facility; (16) protocol when a child no longer meets medical necessity criteria for inpatient treatment; (17) the criteria for acute medical necessity; (18) the applicability of the Federal and Oklahoma Indian Child Welfare Acts (ICWA) in child custody proceedings that involve adoptive placement of an Indian child; and (19) protocol for placement of an Indian child in voluntary foster care; and (20) ensure that rule procedures are consistently implemented by updating language and form numbers to conform to current usage and comply with federal, state, and OKDHS standards.
340:75-1-12.2 is amended to update form numbers and clarify procedures.
340:75-1-18 is amended to clarify that the court makes a determination whether reasonable efforts have been taken to finalize the permanent placement of the child, if appropriate, through interstate placement.
340:75-1-18.1 is amended to update form numbers.
340:75-1-44 is amended to: (1) update agency names and form titles; (2) clarify that when a person responsible for a child is criminally charged, OKDHS may release to the public specific recommendations made to the district attorney and specific recommendations made by OKDHS in any progress reports submitted to the court, including recommendations made at the hearing as they relate to the custody or placement of the child; (2) clarify that disclosure of juvenile court records about the child, without a court order, to parent, legal guardian, or custodian, are withheld from the parent only when a court order is in effect that prohibits the parent from obtaining information and that if a child is removed from the home, the parent is informed of the child's general location, but not the specific address unless the foster parent consents to disclosure as part of the family reunification effort; and (4) details the procedures for limited disclosure of court records, including that OKDHS does not disclose the identity or location of any person who has reported child abuse or neglect, unless specifically ordered by the court.
340:75-4-12.1 is amended to: (1) list options for services for voluntary family centered services; (2) update form numbers; and (3) clarify procedures.
340:75-4-12.2 is amended to: (1) delete language that was moved to another section; and (2) clarify criteria used in determining referrals for services.
340:75-4-13 is amended to update form numbers.
340:75-6-31, 31.5, 40.3, 40.5, 85.2, 85.4, 85.5, 86, and 88 are amended to: (1) update agency names, position titles, form numbers, and terminology; and (2) clarify procedures.
340:75-6-40.2 and 40.4 are amended to: (1) update procedures and form numbers; and (2) add language that conforms to the Safe and Timely Interstate Placement of Foster Children Act of 2006, Public Law 109-239, clarifying that courts are required to consider in-state and out-of-state placement options in permanency hearings.
340:75-6-48 is amended to: (1) provide that CW contact with a child in the custody of the parent in a supervision only case occurs with no more than 31 days between contacts; (2) clarify the CW worker role when a child in OKDHS custody is receiving DDSD services; (3) update form numbers; and (4) provide exceptions to, and direction for, contact with the parent when the child has been returned to or has never been removed from the parent's custody and OKDHS has been ordered to provide supervision.
340:75-6-85 is amended to: (1) provide that if the court determines it would be in the best interests of the child, the court may place the child in the legal custody of OKDHS. If the child is placed in the custody of OKDHS, the court may not direct OKDHS to place the child in a specific home or placement; and (2) update form numbers.
340:75-6-85.6 is amended to provide direction for voluntary placement of a child born to a youth who is in OKDHS custody.
340:75-6-89 is amended to: (1) update terminology; and (2) clarify that a child in custody may travel outside the country.
340:75-8-1, 6, 7, 10, 11, 39 are amended to: (1) update agency names, form numbers, terminology, and citations of rules and statues; and (2) clarify procedures.
340:75-8-8 is amended to: (1) update terminology and clarify procedures; and (2) include the requirement that the written request from therapeutic foster care (TFC) contractors for child care must include verification of child care licensing status or TFC approval as a respite provider when an individual is the child care provider.
340:75-8-9 is amended to: (1) reflect current procedures; and (2) include the requirement that TFC contractors include in the written request, prior to the placement of a child five years of age or younger, a description of the proposed TFC parent's parenting responsibilities to other children in the home, children in foster care or therapeutic foster care placement, any adopted children, and any birth children of the TFC parent.
340:75-8 Part 3 tagline is amended to reflect current OKDHS language usage.
340:75-8-36 is amended to: (1) update form numbers; and (2) require that DDSD area staff provide a copy of the written needs assessment to CW staff and work with CW staff to identify referrals and needed resources.
340:75-8-37 is amended to clarify CW county of jurisdiction worker responsibilities for a child receiving Home and Community-Based Waiver Services.
340:75-8-38 is amended to update language for clarity and conciseness.
340:75-15-128.2 is amended to clarify eligibility for Title IV-E adoption assistance.
340:75-15-128.3 is amended to update form numbers and terminology.
340:75-15-128.5 amended to: (1) update form numbers; and (2) clarify the adoption assistance annual review process.
340:75-15-128.6 is amended to update form numbers, language, and rule citations.
340:75-16-31, 36, and 45 are amended to update agency names, position titles, form numbers, and procedures.
340:75-16-29 and 30 are amended to reflect APS Healthcare as the new entity designated by Oklahoma Health Care Authority to facilitate outpatient and inpatient psychiatric medical necessity care reviews for acute and residential inpatient mental health treatment.
340:75-16-32 is amended to clarify the decision-making process for length of stay in an inpatient mental health facility and extension by the APS Healthcare inpatient reviewer.
340:75-16-34 is amended to clarify: (1) CW contact requirements; and (2) hearing time frames.
340:75-16-35 is amended to clarify inpatient mental health treatment facility liaison duties.
340:75-16-37 is amended to specify that the child is discharged and placed in an appropriate placement when the child no longer meets medical necessity criteria for inpatient treatment, and the therapist and physician agree to discharge.
340:75-19-1, 2, 11, 16, 22, 26, 28, 30, 31, and 33 are amended to update and clarify agency names, position titles, form numbers, terminology, definitions, and procedures; and delete obsolete language.
340:75-19-3 is amended to update: (1) the definition of adoptive placement and foster care placement to correspond with language in the Federal ICWA; and (2) terminology to reflect current OKDHS usage.
340:75-19-4 is amended to: (1) correspond with language in the Federal ICWA and clarify that the Federal and Oklahoma ICWA are applicable to any child custody proceeding that involves adoptive placement, including permanent placement of an Indian child for adoption, and including any action resulting in a final decree of adoption; and (2) update terminology to reflect current OKDHS usage.
340:75-19-29 is amended to: (1) add that the tribal CW worker or OKDHS CW worker advises the parent or guardian at the time of the child's placement that any evidence gathered during the time the child is in voluntary foster care may be used as a basis for court action; (2) clarify that when the tribal CW worker places the child in voluntary foster care, the tribe is responsible for obtaining a written voluntary foster care agreement that gives authority to the child's tribe to place the child in foster family care and provide for the child's needs; (3) clarify that the agreement does not require court action, and the child is returned to the parent or guardian upon request. If the parent or guardian fails to meet the terms of the agreement or cannot be located, court involvement is required; and (4) update terminology to reflect current OKDHS usage.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed revised rules improve systems and processes to achieve OKDHS goals by providing services and authority to ensure the protection and stability of children and families who are at risk and promote safety and permanency for children.
COST: The proposed rule revisions benefit OKDHS by complying with legal mandates, providing clear guidance regarding services that further benefit children and youth in need, and providing OKDHS staff with rules that specify current procedures in the provision of services to children, youth, and families served by CW. The anticipated cost to OKDHS for the required paper copy distribution of the revised rules is less than $40, which is included in the annual budget. All training associated with the rule revisions will be incorporated into existing meeting and training sessions and will not create an additional cost to OKDHS.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; House Bill 2840, the Kelsey Smith-Briggs Child Protection Reform Act; HB 2656; House Resolution 5403; Public Law 109-239; Sections (§§) 7001-1.1 et seq. of Title 10 of the Oklahoma Statutes (O.S.), the Oklahoma Children's Code; 10 O.S. §§ 7003-6.2, 7003 6.2A, 7005-1.4, 7106(K), and 7510-1.1 et seq., the Oklahoma Adoption Assistance Act; and 74 O.S. 150.5(A)(1)(e).
K. CHAPTER 100. DEVELOPMENTAL DISABILITIES SERVICES DIVISION
Subchapter 1. General Provisions
OAC 340:100-1-2 [AMENDED]
Subchapter 3. Administration
Part 1. General Administration
OAC 340:100-3-1.1 [REVOKED]
OAC 340:100-3-5 through 340:100-3-5.2 [AMENDED]
Part 3. Operations
OAC 340:100-3-33.2 [NEW]
OAC 340:100-3-34 [AMENDED]
OAC 340:100-3-37 [REVOKED]
OAC 340:100-3-39 [AMENDED]
Subchapter 5. Client Services
Part 3. Service Provisions
OAC 340:100-5-15 [AMENDED]
OAC 340:100-5-19 [REVOKED]
Part 3. Service Provisions
OAC 340:100-5-22.6 [AMENDED]
Subchapter 6. Group Home Regulations
Part 1. General Provisions
OAC 340:100-6-1 [REVOKED]
OAC 340:100-6-2 [AMENDED]
Part 3. Basic Licensure Standards
OAC 340:100-6-10 through 340:100-6-15 [AMENDED]
OAC 340:100-6-16 through 340:100-6-17 [REVOKED]
OAC 340:100-6-18 through 340:100-6-21 [AMENDED]
Part 5. Construction Requirements And Physical Plant Requirements
OAC 340:100-6-30 [AMENDED]
OAC 340:100-6-31 through 340:100-6-35 [REVOKED]
Part 7. Environmental Health, Safety, and Sanitary Requirements
OAC 340:100-6-40 [REVOKED]
OAC 340:100-6-41 [AMENDED]
OAC 340:100-6-42 through 340:100-6-43 [REVOKED]
OAC 340:100-6-44 [AMENDED]
OAC 340:100-6-45 [NEW]
Part 9. Dietary Requirements
OAC 340:100-6-50 [AMENDED]
Part 11. Program Standards
OAC 340:100-6-55 [AMENDED]
OAC 340:100-6-56 [NEW]
Part 13. Individual Habilitation Plan, Training, and Services
OAC 340:100-6-60 [AMENDED]
OAC 340:100-6-61 through 340:100-6-62 [REVOKED]
Part 15. Medication Storage and Administration [REVOKED]
OAC 340:100-6-70 [REVOKED]
Part 17. Residents' Funds [REVOKED]
OAC 340:100-6-75 [REVOKED]
OAC 340:100-6-76 [REVOKED]
Part 19. Involuntary Transfer or Discharge of Resident Service Recipient
OAC 340:100-6-85 through 340:100-6-86 [AMENDED]
OAC 340:100-6-87 [REVOKED]
OAC 340:100-6-88 [AMENDED]
Part 21. Resident's Resident Rights and Responsibilities
OAC 340:100-6-95 [AMENDED]
OAC 340:100-6-96 [REVOKED]
OAC 340:100-6-97 [AMENDED]
OAC 340:100-6-98 [REVOKED]
Subchapter 17. Employment Services
Part 5. Other State Funded Vocational Employment Services
OAC 340:100-17-30 [AMENDED]
(Reference APA WF 06-13)
SUMMARY: The proposed revisions to Subchapters 1, 3, 5, 6, and 17 of Chapter 100, Title 340: (1) reflect current terms and definitions used throughout Developmental Disabilities Services Division (DDSD) rules; (2) specify provisions of Home and Community-Based Services (HCBS) Waiver services by legally responsible persons and others; (3) amend procedures for reporting incidents involving service recipients; (4) specify current pre-employment screening procedures; (5) reflect current DDSD case manager activities; (6) specify staffing requirements for alternative group homes; (7) amend group home requirements necessary to comport with House Bill (HB) 2592, effective November 1, 2006; (8) organize existing group home requirements in topical sequence; (9) delineate state funded employment services; and (10) revoke rules that are duplicative or incorporated into other Sections.
340:100-1-2 is amended to reflect current terms used throughout DDSD policy.
340:100-3-1.1, 100-3-37, and 100-5-19 are revoked as most information is provided through other policy cites and methods.
340:100-3-5 through 100-3-5.2 are revised to reflect current practices and procedures regarding the DDSD Advocacy and Guardianship Program, including new and revised guardianship forms, team assessment processes, and roles and responsibilities of those involved in this program.
340:100-3-33.2 is issued to specify HCBS Waiver provisions by legally responsible persons and other family members or guardians.
340:100-3-34 is amended to clarify requirements and procedures for reporting incidents involving service recipients.
340:100-3-39 is amended to reflect current pre-employment screening procedures and availability of the OKDHS Community Services Registry via OKDHS Web site.
340:100-5-15 is amended to clarify DDSD case manager activities.
340:100-5-22.6 is amended to specify management staffing levels and the role of program coordination staff in alternative group homes.
340:100-6-1, 100-6-16, 100-6-17, 100-6-31 through 100-6-40, 100-6-42, 100 6 43, 100-6-61 through 100-6-76, 100-6-87, 100-6-96, and 100-6-98 are revoked as most information was incorporated into other Sections of 340:100-6.
340:100-6-2 is amended to provide the legal base, purpose, and definitions regarding group homes for persons with developmental or physical disabilities.
340:100-6-10 is amended to include group home record maintenance requirements for DDSD Community Services staff.
340:100-6-11 is amended to delete references to probationary license for a group home.
340:100-6-12 is amended to denote current requirements for any person or organization desiring to operate a group home.
340:100-6-13 is amended to provide current group home inspection requirements.
340:100-6-14 is amended to specify sanctions that may be administered by Oklahoma Department of Human Services (OKDHS) when Oklahoma law or OKDHS rules regarding group homes are violated.
340:100-6-15 is amended to reflect content requirements for group home records and reports.
340:100-6-18 is amended to specify current procedures for registering a complaint when a person has information that Oklahoma law or OKDHS rules regarding group homes may have been violated.
340:100-6-19 is amended to clarify group home provider requirements pertaining to abuse, neglect, and exploitation per Section 10-103 of Title 43A of the Oklahoma Statutes (43A O.S. § 10-103).
340:100-6-20 is amended to denote responsibilities of a new owner when ownership of a group home is changed.
340:100-6-21 is amended to specify current group home closure requirements.
340:100-6-30 is amended to include information regarding general criteria for the group home physical plant, including location requirements per 60 O.S. § 863.
340:100-6-41 is amended to denote specifics relating to resident access.
340:100-6-44 is amended to reflect environmental standards for group homes.
340:100-6-45 is issued to specify health and safety expectations for group homes.
340:100-6-50 is amended to clarify food service requirements to ensure each resident of a group home receives meals in accordance with his or her needs.
340:100-6-55 is amended to denote group home staffing levels, qualifications, duties, and responsibilities, including program coordination staff.
340:100-6-56 is issued to specify group home provider policy and procedure requirements.
340:100-6-60 is amended to reflect the role of the group home provider regarding service recipient training and services, including the written agreement with the service recipient that defines financial responsibilities of the provider and service recipient.
340:100-6-85, 100-6-86, and 100-6-88 are amended to specify the transfer or discharge requirements involving a resident of a group home.
340:100-6-95 is amended to include a comprehensive listing of resident rights and responsibilities per 10 O.S. § 1430.20.
340:100-6-97 is amended to clarify that denial of group home care on the basis of resident payment source is prohibited.
340:100-17-30 is amended to clarify circumstances in which therapeutic leave may be claimed when the service recipient is engaged in employment services.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed revisions support the DDSD long-term goal to provide community services to persons with developmental disabilities.
COST: The anticipated cost to OKDHS regarding the required hard copy distribution of the revised rules is approximately $15. All training associated with the rules revisions will be incorporated into existing meeting and training sessions and will not create an additional cost to OKDHS.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and, in part, 10 O.S. § 1430.1 et seq., Group Homes for Persons with Developmental or Physical Disabilities Act, as amended by HB 2592; 22 O.S. § 1175.6b; Articles I, II, III, and IV of 30 O.S.; 43A § 10-103; 56 O.S. § 1020 and 1025.1 through 1025.3; and 60 O.S. § 863.
A report from the Aging Services Division was postponed until the March commission meeting.
George Tipton and Inspector General Mike Fairless from the Office of the Inspector General made a presentation before the commission on the PARIS State Partnership Grant. PARIS refers to the Public Assistance Reporting Information System, a computer-matching process by which the Social Security numbers of public assistance recipients are matched against various Federal databases and other States participating in PARIS.
Chief Operating Officer Marq Youngblood delivered a brief report to the commission on Child Welfare referrals and FTE.
Sharon Neuwald, OKDHS Office of Legislative Relations and Special Projects coordinator, presented a report on the 2007 OKDHS Legislation Requests Summary.
The date of the next meeting of the Oklahoma Commission for Human Services is Feb. 27, 2007.