Present were Chairman Richard DeVaughn, Michael Peck, Wayne Cunningham, Aneta Wilkinson, Garoldine Webb and George Young.

Chairman DeVaughn called the meeting to order by reading a resolution recognizing the five decade career of the late Pauline Mayer who recently passed.

Oklahoma Department of Human Services Director Howard H. Hendrick began his formal comments by listing some recent site visits that included meeting with various House and Senate members, meeting with Family Expectations Instructors and Family support staff, Oklahoma Marriage Initiative Service Delivery Team, OU College of Public Heath Advisory Group, ROC site visits, Oklahoma County H celebration, Adult Day Care providers meeting, Adverse Childhood Experiences Study Team, House of Representatives Budget Request presentation, House of Representatives freshmen orientation, State Court Administrators and Supreme Court initiative for improving juvenile court services, Vincent Feliti presentation on Adverse Childhood Experiences, Tulsa World Editorial Board, Laura Dester site review visit, Volunteers of America meeting with Agency companion providers, Governor’s Cabinet meeting, Boys and Girls Club visit in Oklahoma City, Operation Nehemiah planning meeting, Volunteer Recognition Luncheon with support staff from OKDHS Warehouse, OCCY meeting regarding children’s services, Oklahoma County Commissioner meeting regarding OKC Shelter and future facility needs, Visit with Exec. Director of APHSA, Smart Start Oklahoma Executive Committee meeting, Smart Start Oklahoma Board Meeting, Governor’s State of the State address in House Chambers, Agency Performance Review and Budget Hearing at Oklahoma State Senate, Meeting with OUHSC Child Welfare Research Team to review the results and status of research, Family Start Project planning session, White Fields Open House for new D+ Facility for boys, presentation to the Tulsa Probate and Trust Attorneys Luncheon regarding Adult Protective Services, Wewoka Child Support Enforcement Office to examine facility needs, meeting with Florida and Kansas groups providing Stronger Families services similar to Family Expectations, Governor’s Workforce board meeting, READY! Reading, math and socialization program for parents and pre-schoolers, Black Heritage Celebration at 55C, OPEA Quarterly meeting, Taping of The Verdict regarding ACE, Case Reviews for February, Oklahoma County A Open House, Oklahoman Editorial Board, State Charitable Campaign OKDHS Awards (record year of more than $70,000 raised).

Director Hendrick next shared some good news including Steve Burton being selected as the new Caddo County director, William T. Drapala being selected as the new administrator for the OKDHS Office for Civil Rights and Ms. Robin Jones being selected to run the Office of Faith Based and Community Relations. 

The Director next gave a brief productivity analysis and program effectiveness update covering workforce costs, the Food Stamp program, the DDSD waiting list and the Long-Term Care and Advantage programs. 

The Director also delivered his mid-year program review of information ending Dec. 31, 2006.

Chief Financial Officer Phil Motley presented the financial report for the period ending January 31, 2007.  All activity for FY05 has now been closed.  Also an analysis and subsequent adjustments have been completed on all encumbrances and receivables for FY06.  Significant change to the financial position for prior year activity is not expected beyond this date.  The prior year position increased by $2.2 million subsequent to an adjustment on Adoption Subsidy and foster Care payments which were eligible for Title IV-E reimbursement and fund year re-classification of a deposit from the Health Care Authority.  Prior year unobligated cash is currently $15.6 million.

Current year financial position reflected minimal change from December. The only significant budget revision for FY07 during January was an increase of 1.4 million and AABD Sales Tax Relief in Family Support Services which is supported entirely by revenue from the Oklahoma Tax Commission. Year to date operational expenditures and payables through the month were 4.0 percent below budget. Operational receipts and receivables for the same period were 3.5 percent less than planned. The current year financial position is estimated at $11.2 million. 

The Aging Services Division continued over budget by 3.3 percent through the month of January. The ADvantage program in Aging Services is the only program budget over expended year-to-date. This program is now 13.9 percent over budget. A temporary budget increase for staff and an internal program adjustment corrected the Children and Family Services Group Homes and Shelters over budget situation. A more accurate distribution of the budget for the additional 100 child welfare workers in Field Operation added in FY07 corrected the previous over budget situation in that program.

The number of adoptive placements in January was 139. This is an increase of 69 more than in December. The number of children in Foster Care declined by 61 from the previous month.  Food Stamp Cases declined by 1,742 during this same period. TANF Child Only Cases decreased by 70 and Cases with Adults decreased by 145 from the number of cases in December.

The Commission passed six administrative rules: 

Part I. Permanent rule proposals that 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 25. CHILD SUPPORT ENFORCEMENT DIVISION
Subchapter 1. Scope and Applicability

OAC 340:25-1-1.1 through 340:25-1-2.1 [AMENDED]

OAC 340:25-1-3.1 [AMENDED]

Subchapter 3. Commissioned Peace Officers

OAC 340:25-3-3 [AMENDED]

Subchapter 5. Operational Policies

Part 7. The Case Record - Computer File Records and Case Folders

OAC 340:25-5-55 [AMENDED]|

Part 9. Disclosure of Information

OAC 340:25-5-67 through 340:25-67.1 [AMENDED]

Part 15. Case Initiation, Case Management, and Case Closure

OAC 340:25-5-110 through 340:25-5-110.1 [AMENDED]

OAC 340:25-5-114 [AMENDED]

OAC 340:25-5-117 [AMENDED]

OAC 340:25-5-123 through 340:25-5-124 [AMENDED]

OAC 340:25-5-124.2 [AMENDED]

OAC 340:25-5-124.3 [NEW]

Part 17. Past Support

OAC 340:25-5-140 [AMENDED]

Part 20. Medical Support

OAC 340:25-5-168 [AMENDED]

OAC 340:25-5-171 [AMENDED]

Part 21. Establishment

OAC 340:25-5-176 [AMENDED]

OAC 340:25-5-176.1 [NEW]

OAC 340:25-5-178 [AMENDED]

OAC 340:24-5-179.1 [AMENDED]

Part 22. Review and Modification

OAC 340:25-5-198.1 through 340:25-5-198.2 [AMENDED]

Part 23. Enforcement

OAC 340:25-5-200 [AMENDED]

OAC 340:25-5-214 [AMENDED]|

Part 25. Federal Offset Programs

OAC 340:25-5-215.1 [AMENDED]

Part 27. State Tax Refund Offset Program

OAC 340:25-5-235 [AMENDED]

OAC 340:25-5-244 [AMENDED]

Part 37. Recovery

OAC 340:25-5-305 [AMENDED]

Part 38. IV-D and Non-IV-D Central Case Registry Information

OAC 340:25-5-339 through 340:25-5-340.1 [AMENDED]

Part 39. Accounting and Distribution

OAC 340:25-5-350.3 [AMENDED]

(Reference APA WF 06-27)

SUMMARY:  The proposed revisions to Subchapters 1 and 5 of Chapter 25 update and clarify Child Support Enforcement Division (CSED) rules to bring them into compliance with state and federal laws and regulations and provide staff with clear guidance in implementation procedures, in order to:  (1) provide improved child support services that meet or exceed customer needs and expectations, positioning CSED to be sought out as a family's counsel of choice; (2) address needs identified in the CSED annual review of rules; (3) respond to legislative changes; (4) improve the establishment of paternity and child support orders; (5) improve the collection and distribution of support payments; (6) update legal citations; (7) reconcile all CSED officially numbered Oklahoma Department of Human Services (OKDHS) forms, per the OKDHS Enterprise Document Generation System; (8) codify federal and state legislation; and (9) improve the clarity of the rules, correct punctuation and syntax, and conform to current OKDHS language and usage.

The proposed revisions codify into Chapter 25 of Title 340 of the Oklahoma Administrative Code the provisions of:  (1) Sections 652 and 666 of Title 42 of the United States Code (U.S.C.), the federal Deficit Reduction Act, effective October 1, 2005; and (2) state legislation, as detailed.

Sections (§§) 237, 240.1, 240.3, and 240.12 of Title 56 of the Oklahoma Statutes (O.S.), Senate Bill (SB) 648, effective August 25, 2006:  (1) clarifies venue for criminal action for omitting to provide necessary support; (2) provides that CSED may appeal orders as necessary; (3) updates locate statutes authorizing CSED to request assistance from other public entities; and (4) repeals the Child Support Revenue Enhancement Fund.

• 43 O.S. §§ 112 and 118, House Bill (HB) 1908, effective August 25, 2006:  (1) amends child support from terminating at age 19 to the child's 20th birthday or high school graduation, whichever comes first; (2) clarifies that full-time attendance also includes other means of high school education and alternative high school education programs; and (3) adds that in joint custody cases child support is calculated the same way as in split custody cases.
• 43 O.S. §§ 112, 118, 118.1, and 120, HB 2598, effective November 1, 2006:  (1) clarifies the court's inquiry and petitioner's notice to OKDHS when CSED is a necessary party when public assistance, medical support, or child support services are provided under the state plan; (2) lists examples of material change in circumstances for modifying child support orders; (3) provides that a parent may request a modification through CSED if the court refuses to consider the parents' agreed modification order; and (4) provides a standard motion to modify and order modifying child support order forms for use in district court and Office of Administrative Hearings: Child Support.
• 10 O.S. §§ 7700-101 through 7700-902, HB 2967, effective November 1, 2006:  (1) creates a uniform definition of parentage and uniform two-year time period for challenges to paternity established through marriage, acknowledgements, and court orders; (2) resolves conflicting presumptions of paternity by allowing courts to order genetic testing during the two year challenge period if in the child's best interest; (3) gives courts factors to consider when determining whether genetic testing is in the child's best interest; (4) requires attorney or guardian ad litem be appointed for a child if there is a challenge to the paternity establishment; (5) clarifies the paternity acknowledgment process by stating on the acknowledgment form whether the child has a presumed father, that the form has the same effect as a court order, and the father's paternity claim is consistent with genetic testing results; and (6) updates the genetic testing law per the current scientific community standards.
• 340:25-1-1.1 is amended to add definitions for alleged father, presumed father, and Uniform Parentage Act.
• 340:25-1-2.1 is amended to add the toll-free telephone number for Chickasaw Nation Tribal Child Support Services.
• 340:25-1-3.1 is amended to specify that a power of attorney is in effect until CSED receives written notice that the designator has died.
• 340:25-3-3 is amended to specify what CSED considers as a diligent effort to serve process.
• 340:25-5-110.1 is amended to specify that CSED accepts applications to enforce a child support order for an adult with a disability, and does not accept applications to collect past-due support when the child has reached majority age and is not a adult with a disability with an established child support order.
• 340:25-5-114 is amended to clarify that CSED considers a custodial person to be noncooperative when the custodial person fails to keep CSED informed of the status of private legal action.
• 340:25-5-123 is amended to clarify that when Temporary Assistance for Needy Families (TANF), foster care, and non-TANF Medicaid services are discontinued, CSED maintains a full-service case unless the custodial person declines services in writing and then CSED closes the case.
• 340:25-5-124.2 is amended to specify that Chickasaw Nation Tribal Child Support Services may be contacted by telephone to obtain information about child support cases with the tribal office.
• 340:25-5-124.3 is issued to specify the case assignment and management process when a case includes a child in a deprived court action; and distinguish between cases with an existing order and when no prior order exists.
• 340:25-5-140 is amended to specify that settlements of past support owed to the custodial person may include acceptance of in-kind goods or services and the settlements must be memorialized in a court order the custodial person must sign.
• 340:25-5-168 is amended to specify that either or both parents must secure health insurance for the minor child(ren) when it is available through an employer or other group health insurance.  Specifies that, if all children are eligible for Indian Health services, CSED seeks an order for either or both parents to secure health insurance for the children when it is available through an employer or other group health insurance and one of the parents makes this request.
• 340:25-5-171 is amended to specify that if a child(ren) is eligible for enrollment in the U.S. Department of Defense's health care program, TRICARE, CSED does not send the National Medical Support Notice and notifies the custodial person to telephone toll-free the Defense Manpower Data Center Support Office to start the registration process.
• 340:25-5-176 is amended to specify:  (1) CSED does not initiate a paternity action if the child has a presumed father and a party initiates a challenge more than two years after the child's birth; (2) a denial of paternity form must accompany an acknowledgment of paternity form if the mother is married to someone other than the natural father and the child is born within 300 days after the marriage terminates; (3) the process for cancellations of voluntary paternity acknowledgment; and (4) CSED establishes paternity against an alleged father who is disabled and receiving Supplemental Security Income before reviewing the case for possible closure.
• 340:25-5-176.1 is issued to specify that: (1) CSED defends a paternity establishment when:  there has been an acknowledgment of paternity executed and not rescinded within the allowable time period of 60 days; the child has a presumed father and a party initiates a challenge more than two years after the child's birth; or paternity has been established by a district or administrative court order; and (2) CSED does not request the court to order genetic tests:  after the rescission period has expired on a voluntary acknowledgment; if the two year time period has expired on a presumed father; or after a court order has established paternity.
• 340:25-5-178 is amended to specify that CSED does not impute gross income to a person who has been determined disabled by the Social Security Administration.
• 340:25-5-198.1 is amended to specify that: (1) CSED conducts a review every three years in cases with a TANF assignment, and upon written request of any party in a full-service case when there has been a material change in circumstances; and (2) when a review is initiated by CSED, and parties fail to return requested information, CSED proceeds, using the best information available.
• 340:25-5-198.2 is amended to:  (1) clarify that when there is no existing order for either parent to provide dependent health care coverage, CSED initiates a modification to require either or both parents to provide it when the child(ren) is not covered under an existing health care plan other than Medicaid; and (2) add that CSED initiates a modification if there is no existing order for either parent to provide a portion of child care expenses, a change in how child care is being provided, or a change in whether OKDHS provides child care subsidy to a child(ren) in the order.
• 340:25-5-214 is amended to describe criteria under which CSED may request withdrawal from the United States passport denial, revocation, restriction, or limitation process of a noncustodial parent who owes child support debt.
• 340:25-5-244 is amended to clarify that CSED schedules an administrative hearing upon receipt of a written request for hearing within 60 days after the receipt of the debtor's notice of tax offset.
• 340:25-5-350.3 is amended to: (1) specify support payment amounts are converted from a foreign country's order amount to a U.S. dollar amount at the time the order is registered and that exchange rate remains in place until the child support order is modified or the arrears are confirmed; and (2) provide that CSED may close a WebPay account and impose fees or restrict activity when a scheduled payment is returned or CSED believes suspicious activity has occurred or may occur on a payor's account.
• 340:25-1-1.2, 340:25-1-2, 340:25-5-55, 340:25-5-67, 340:25-5-67.1, 340:25-5-110, 340:25 5 117, 340:25-5-124, 340:25-5-179.1, 340:25-5-200, 340:25-5-215.1, 340:25 5-235, 340:25-5-305, 340:25-5-339, 340:25-5-340, and 340:25-5-340.1 are amended to update legal citations, clarify language to be consistent with current usage, and correct punctuation and syntax.

PERMANENT APPROVAL:  Permanent rulemaking approval is requested, with an effective date of July 1, 2007.

AGENCY GOALS:  The proposed rules contribute to the OKDHS goals of assisting customers in becoming independent, employed, productive citizens; providing services that support and strengthen the family and protect its members; promoting health care accessibility; and continuously improving systems and processes to achieve agency goals. The proposed rules comply with mandatory requirements under welfare reform and enable CSED to improve services to customers through better communication and fuller cooperation with other community service providers; health care providers and insurers; members of the law enforcement, corrections and juvenile affairs communities; attorneys in private practice; employers; and Native American tribes. The proposed rules position the Oklahoma Child Support Program to more efficiently manage its resources and empower families to be self sufficient, while reducing child poverty and state expenditures.

COST:  The proposed rules should not have a substantial effect on state revenues. The probable cost to OKDHS includes the cost of printing and distributing the rules and training material among staff, and staff time associated with reviewing and revising the rules and training material. The cost of printing and distribution is estimated to be under $100 and is within the current budget and requires no additional funding. Any costs of implementation are expected to be offset by an increase in collections. These proposals do not increase any agency's duties or need for additional full-time equivalent (FTE) positions.

AUTHORITY:  Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections (§§) 453, 454, 454A, and 454B of the Social Security Act, codified in 42 U.S.C. §§ 653, 654, 654a and 654b; 42 U.S.C. §§ 652 and 666, the federal Deficit Reduction Act of 2005; 28 U.S.C. § 1738B; United States House Resolution 3130, Public Law 105 200; §§ 302.31, 302.32, 302.38, 303.6, 307.11, 307.13, and Part 310 of Title 45 of the Code of Federal Regulations (CFR); 45 CFR § 303.32, National Medical Support Notice Parts A and B; §§ 83 and 7700-101 through 7700-902 of Title 10 of the Oklahoma Statutes (O.S.), HB 2967, Uniform Parentage Act; 10 O.S. § 7003-8.8; 21 O.S. § 852; 43 O.S. §§ 112 and 118, HB 1908; 43 O.S. §§ 112, 118, 118.1, and 120, HB 2598; 43 O.S. §§ 112, 139, and 139.1; 56 O.S. § 238.6B, HB 2967; 56 O.S. §§ 237, 240.1, 240.3, and 240.12, SB 648; 56 O.S. §§ 237 and 240.20; and 63 O.S. §§ 1-311.3 and 1-321, HB 2967.

B. CHAPTER 75. CHILD WELFARE

Subchapter 1. General Provisions of Child Welfare Services

Part 1. Scope and Applicability

OAC 340:75-1-12.8 [NEW]

Subchapter 3. Child Protective Services

OAC 340:75-3-2 [AMENDED]

OAC 340:75-3-4 [AMENDED]

OAC 340:75-3-6.1 [AMENDED]

OAC 340:75-3-7 through 340:75-3-7.1 [AMENDED]

OAC 340:75-3-8.1 [AMENDED]

OAC 340:75-3-8.4 [AMENDED]

OAC 340:75-3-8.6 [AMENDED]

OAC 340:75-3-10.1 through 340:75-3-10.2 [AMENDED]

OAC 340:75-3-13 [AMENDED]

Subchapter 7. Foster Home Care

Part 1. General Provisions

OAC 340:75-7-2 [AMENDED]

Part 2. Development of Resources

OAC 340:75-7-14 through 340:75-7-15 [AMENDED]

OAC 340:75-7-18 through 340:75-7-19 [AMENDED]

OAC 340:75-7-24 [AMENDED]

OAC 340:75-7 Part 4. Foster Parents' Roles and Responsibilities

OAC 340:75-7-37.1 [NEW]

Part 5. Eligibility and Payments

OAC 340:75-7-52 [AMENDED]

OAC 340:75-7-52.1 [NEW]

Part 6. Foster Home Care Support Services

OAC 340:75-7-65 [AMENDED]

Part 8. Continuous Quality Assessment of a Resource Home

OAC 340:75-7-94 [AMENDED]

Subchapter 13. Other Child Welfare Services and Medical Services for Children in Out-of-Home Care

Part 7. Medical Services

OAC 340:75-13-62 through 340:75-13-63 [AMENDED]

OAC 340:75-13-65 [AMENDED]

OAC 340:75-13-74 through 340:75-13-75 [AMENDED]

OAC 340:75-13-77 through 340:75-13-80 [AMENDED]

Subchapter 15. Adoptions

Part 2. Legal Base and Scope of the Adoption Program

OAC 340:75-15-8 through 340:75-15-9 [AMENDED]

Part 6. Adoption Process

OAC 340:75-15-41 [AMENDED]

OAC 340:75-15-45 [AMENDED]

OAC 340:75-15-47 [AMENDED]

Part 8. Adoptive Placement Process

OAC 340:75-15-59 [AMENDED]

Part 10. Adoptive Family Assessment and Preparation Process

OAC 340:75-15-82 [AMENDED]

OAC 340:75-15-84 [AMENDED]

OAC 340:75-15-87 through 340:75-15-89 [AMENDED]

OAC 340:75-15-93 [AMENDED]

Part 12. Post Placement Services

OAC 340:75-15-103 [AMENDED]

OAC 340:75-15-106 through 340:75-15-107 [AMENDED]

Subchapter 19. Working with Indian Children

OAC 340:75-19-26.1 [AMENDED]

(Reference APA WF 06-25)

SUMMARY:  The proposed revisions to Subchapters 1, 3, 7, 13, 15, and 19 of Chapter 75: (1) bring the rules into compliance with House Bill (HB) 2840, the Kelsey Smith-Briggs Child Protection Reform Act, effective November 1, 2006, which amends Sections (§§) 7003-6.2 and 7003-6.2A of Title 10 of the Oklahoma Statutes (O.S.) pertaining to court ordered placement of a child in Oklahoma Department of Human Services (OKDHS) custody, 10 O. S. § 7106(K) pertaining to reporting child abuse or neglect, and 74 O.S. § 150.5(A)(1)(e) pertaining to requesting investigations by the Oklahoma State Bureau of Investigation (OSBI) in cases of child abuse or neglect; (2) codify emergency amendments; (3) allow OKDHS staff to object when a court order releasing a child from state custody may create a serious risk of danger to the child; (4) add that when a child is placed in OKDHS custody, the court may not direct OKDHS to place the child in a specific home or placement; (5) provide the opportunity for OKDHS to provide sworn testimony for the purpose of determining the placement of a child; and (6) reflect that the OKDHS Director or designee may request a criminal investigation by OSBI in cases where it has been determined that criminally injurious conduct, including, but not limited to, physical or sexual abuse of a child, has occurred.

The proposed revisions clarify: (1) the definitions of foster parent, out-of-home care, and adult; (2) seriously inadequate physical care as a neglect condition; (3) the relationship between OKDHS and OSBI; (4) terminology for recommendations to the district attorney; (5) protocol for when a child is placed in OKDHS emergency custody during a matrimonial or child custody action; (6) the procedure for abandoned infants; (7) investigation time frames; (8) the purpose and composition of multidisciplinary child abuse teams; (9) joint investigation protocols; (10) requirements for consultation with Child Welfare (CW) field liaison regarding a second medical opinion for head trauma or fractures in children age three years and younger; (11) requirements for records checks from other states for foster applicants or adult household members; (12) requirements for review by the Children and Family Services Division (CFSD) Foster Care Section of a foster home applicant when there is a previous confirmation of child abuse or neglect of the applicant's previous foster home; (13) that a written recommendation is required from CFSD Foster Care Section regarding history of a closed foster home; (14) safety requirements for water, animals and household pets, and weapons; (15) the purpose of the written resource family assessment; (16) joint approval procedures for OKDHS foster homes; (17) payment options for kinship foster applicants; (18) role and responsibilities of the resource specialist; (19) procedure for kinship or foster parent to apply as payee of child's social security benefits; (20) when kinship families can receive a training stipend; (21) that foster parents can make informal arrangements for the occasional care of foster children; (22) that foster parents must identify an alternate caregiver; (23) procedure for the foster care mediation program and foster parents' access to the program; (24) need for yearly re-assessment of foster parent's performance and time frames regarding continued use or closure of a foster home; (25) the requirement for documentation in the resource case for reassessment of foster home; (26) travel arrangement procedures for OKDHS adoptions; (27) criminal background check and search requirements for adoptive families; (28) procedure for contact with family when a notice of closure is issued; (29) the definition of child to mean an unmarried person; (30) that OKDHS is responsible for distributing Child Abuse Multidisciplinary Account (CAMA) monies to eligible multidisciplinary teams and children's advocacy centers; and (31) punctuation and syntax to bring the rules into conformance with current OKDHS language and usage.

• 340:75-1-12.8 is amended to describe the foster care mediation program available to foster parents through the Oklahoma Commission on Children and Youth.
  340:75-3-2 is amended to clarify the definitions of child, foster parent, and near death. 
• 340:75-3-4 is amended to reflect updated citations, language, and form numbers to conform to current usage and comply with federal, state, and OKDHS standards.  
• 340:75-3-6.1 is amended to:  (1) detail procedure for an abandoned infant; (2) clarify investigation completion time frames; and (3) update form numbers to conform with current tracking system.
• 340:75-3-7 and 340:75-3-7.1 are amended to update language to be consistent with current usage.
• 340:75-3-8.1 is amended to add Community-Based Residential Services and Tribal program to the staff involved, when appropriate, in an investigation or assessment.
• 340:75-3-8.4 is amended to clarify the purpose and composition of multidisciplinary child abuse teams, participation of CW staff in the team process, and responsibility of OKDHS in distribution of Child Abuse Multidisciplinary Account (CAMA) monies to eligible multidisciplinary teams and children's advocacy centers.3
• 340:75-3-8.6 is amended to:  (1) require consultation with the CW field liaison regarding a second medical opinion for head trauma or fractures in children age three years and younger; and update language and form numbers to conform to current usage and comply with federal, state, and OKDHS standards.  
• 340:75-3-10.1, 340:75-3-10.2, and 340:75-3-13 are amended to update language and form numbers to conform to current usage and comply with federal, state, and OKDHS standards.
• 340:75-7-2 is amended to clarify the definition of foster family care.
• 340:75-7-14 is amended to clarify that adult means age 18 or older.
• 340:75-7-15 is amended to require:  (1) foster applicants or adult household members who have lived in Oklahoma for less than five years to provide equivalent records checks from previous states of residence; and (2) a review by the Children and Family Services Division (CFSD) Foster Care Section of a foster home applicant when there has been a previous confirmation of child abuse and neglect of the applicant's previous foster home.
• 340:75-7-18 is amended to clarify:  (1) the written resource family assessment is a representation of the family based on complete, consistent, and truthful information gathered by the resource specialist or a contractor in conjunction with the family;  (2) water, animal and household pet, and weapon safety; and (3) when a foster home may be approved.  
• 340:75-7-19 is amended to clarify joint approval procedures of OKDHS foster homes when the placement provider is kin to the child, a Developmental Disabilities Services Division (DDSD), Office of Juvenile Affairs (OJA), or licensed family child care home.  
• 340:75-7-24 is amended to:  (1) clarify kinship foster applicant's payment options; and (2) update language and form numbers to conform to current usage and comply with federal, state, and OKDHS standards.
• 340:75-7-37.1 is a new rule detailing the roles and responsibilities of the resource specialist.
• 340:75-7-52 is amended to:  (1) refer to 340:75-7-52.1 for foster home reimbursement option; and (2) update language and form numbers to conform to current usage and comply with federal, state, and OKDHS standards.
• 340:75-7-52.1 is a new rule that:  (1) details the procedure for kinship or foster parents to apply as payee of a child's Social Security benefits; and (2) clarifies when kinship families may receive a training stipend. 
• 340:75-7-65 is amended to:  (1) clarify that foster parents may make informal arrangements for the occasional care of foster children; (2) require foster parents to identify an alternate caregiver; (3) add that foster parents have access to the foster care mediation program through Oklahoma Commission on Children and Youth; and (4) update language and form numbers to conform to current usage and comply with federal, state, and OKDHS standards.
• 340:75-7-94 is amended to:  (1) clarify need for yearly re-assessment of foster parent's performance; (2) include time frames regarding continued use or closure of a foster home; and (3) update language and form numbers to conform to current usage and comply with federal, state, and OKDHS standards.
• 340:75-13-62 is amended to delete obsolete language.
• 340:75-13-63 is amended to update and clarify contact information for authorization and claims.
• 340:75-13-65 is amended to update language and form numbers to conform to current usage and comply with federal, state, and OKDHS standards.
• 340:75-13-74 is amended to clarify language to conform to current usage and comply with federal, state, and OKDHS standards.
• 340:75-13-75 is amended to clarify eligibility for out-of-state Title IV-E foster care and Medicaid.
• 340:75-13-77 through 340:75-13-80 are amended to update language and form numbers to conform to current usage and comply with federal, state, and OKDHS standards.
• 340:75-15-8, 340:75-15-9, 340:75-15-41, 340:75-15-45, 340:75-15-47, and 340:75-15-59 are amended to update language and form numbers to conform to current usage and comply with federal, state, and OKDHS standards.
• 340:75-15-82 is amended to update the Web address for adoption recruitment.
• 340:75-15-84 is amended to:  (1) update the criminal background check procedure for adoptive families; and (2) require an inquiry of each adoptive applicant when the applicant has applied to be or was an approved foster or adoptive home in another state.  
• 340:75-15-87 is amended to update:  (1) search requirements for an adoption background check; and (2) language and form numbers to conform to current usage and comply with federal, state, and OKDHS standards.
• 340:75-15-88 is amended to:  (1) clarify procedure for contact with family when a notice of closure is issued; and (2) update language and form numbers to conform to current usage and comply with federal, state, and OKDHS standards.
• 340:75-15-89 is amended to clarify terminology concerning evaluation and assessment.
• 340:75-15-93, 340:75-15-103, and 340:75-15-106 are amended to update language and form numbers to conform to current usage and comply with federal, state, and OKDHS standards.
• 340:75-15-107 is amended to clarify procedure when disruption of adoption occurs.
• 340:75-19-26.1 is amended to designate APS Healthcare as the reviewer for determining medical necessity for therapeutic foster care.

PERMANENT APPROVAL:  Permanent rulemaking approval is requested, with an effective date of June 1, 2007.

AGENCY GOALS:  The proposed rules improve systems and processes to achieve OKDHS goals by providing services and authority to comply with state and federal mandates, ensure the protection and stability of children and families who are at risk, improve coordination of services with community contractors and service providers, 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 $100.  All training associated with the rule revisions will be incorporated into existing meetings 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; HB 2840; HB 2656; 10 O.S. §§ 601.6(B)(3), 7003 6.2, 7003 6.2A, 7101 1.3A(4), 7102.B(4), 7106(K), and 7110.2A.1; and 74 § O. S. 150.5(A)(1)(e).

C. CHAPTER 105. AGING SERVICES DIVISION

Subchapter 1. Aging Services Division

OAC 340:105-1-2 [AMENDED]

OAC 340:105-1-3 [AMENDED]

OAC 340:105-1-5 [AMENDED]|

OAC 340:105-1-6 [AMENDED]

OAC 340:105-1-8 [AMENDED]

OAC 340:105-1-10 [AMENDED]

Subchapter 7. Adult Day Services

OAC 340:105-7-1 [AMENDED]

OAC 340:105-7-2 [AMENDED]

OAC 340:105-7-4 [AMENDED]

OAC 340:105-7-7 [AMENDED]

OAC 340:105-7-8 [AMENDED]

OAC 340:105-7-9 [AMENDED]

Subchapter 10. Policies and Procedures Manual for Title III of the Older Americans Act of 1965, as Amended

Part 3. State Agency

OAC 340:105-10-17 [AMENDED]

Part 5. Area Agencies on Aging

OAC 340:105-10-31 [AMENDED]

OAC 340:105-10-33 [AMENDED]

OAC 340:105-10-40 [AMENDED]

OAC 340:105-10-45 [AMENDED]

Part 7. Program Standards for Services Funded Under Title III

OAC 340:105-10-51 [AMENDED]

OAC 340:105-10-59 [AMENDED]

OAC 340:105-10-70 [AMENDED]

OAC 340:105-10-72 [AMENDED]

OAC 340:105-10-74 [AMENDED]

OAC 340:105-10-75 [AMENDED]

OAC 340:105-10-79 [AMENDED]

OAC 340:105-10-85 through 340:105-10-86 [AMENDED]

OAC 340:105-10-91 through 340:105-10-93 [AMENDED]

Part 9. Fiscal and Administrative Policies for Area Agencies on Aging and Title III Projects

OAC 340:105-10-101 [AMENDED]

OAC 340:105-10-112 [AMENDED]

OAC 340:105-10-114 [AMENDED]

OAC 340:105-10-116 [AMENDED]

Subchapter 11. Statewide State Long-Term Care Ombudsman Program

Part 37. Statewide State Long-Term Care Ombudsman Program

OAC 340:105-11-234 through 340:105-11-235 [AMENDED]

OAC 340:105-11-240 [AMENDED]

OAC 340:105-11-245 through 340:105-11-246 [AMENDED]

OAC 340:105-11-248 [AMENDED]

OAC 340:105-11-252 through 340:105-11-253 [AMENDED]

(Reference APA WF 06-29)

SUMMARY:  The proposed revisions to Subchapters 1, 7, 10, and 11 of Chapter 105:  (1) reflect the new title of Section 5310 of the Federal Transit Administration as amended under Section (§) 5310(a)(2) of Title 49 of the United States Code (U.S.C.), from "Transportation Equity Act (TEA-21)" to "Safe, Accountable, Flexible, and Efficient Transportation Equity Act (SAFETEA-LU)"; (2) clarify the purpose and function of the State Council on Aging as stated in the Council bylaws; (3) reflect eligibility requirements to include participants with disabilities; (4) include emergency preparedness as a responsibility of an area agency on aging (AAA) and include the description of emergency preparedness efforts in the Area Plan on Aging; (5) delete the requirement that for-profit grant proposals be approved by Aging Services Division (ASD); (6) clarify that State Agency approves the AAA request for proposal guide; (7) clarify and update the requirements for AAA disaster planning and reporting; (8) reflect the current temperature for serving hot foods as determined by the Oklahoma State Department of Health (OSDH); (9) clarify the requirements for site change of status for congregate and home delivered meals; (10) include requirements for documenting no applicants for a service; (11) update the authority for property management standards to reflect the federal amendment; (12) renumber all Oklahoma Department of Human Services (OKDHS) ASD forms, per the OKDHS Enterprise Document Generation System; and (13) correct and update language by deleting obsolete terminology, reorganizing placement of information, and conforming with current federal, state, and OKDHS usage.
340:105-1-2, 340:105-1-3, and 340:105-1-8 are amended to reflect the new title of Section 5310 of the Federal Transit Administration, as amended under 49 U.S.C. § 5310(a)(2), from "Transportation Equity Act (TEA-21)" to "Safe, Accountable, Flexible, and Efficient Transportation Equity Act (SAFETEA-LU)," Section 5310.

• 340:105-1-10 is amended to clarify the purpose and function of the State Council on Aging as stated in the Council bylaws.
• 340:105-7-2 is amended to clarify referrals to waivered services.
• 340:105-10-31 and 340:105-10-33 are amended to include emergency preparedness as a responsibility of an area agency on aging (AAA) and to include the description of emergency preparedness efforts in the Area Plan on Aging.
• 340:105-10-40 is amended to delete the requirement that for-profit grant proposals are approved by ASD and to clarify that State Agency approves the AAA request for proposal (RFP) guide.
• 340:105-10-45 and 340:105-10-51 are amended to clarify and update the requirements for AAA disaster planning and reporting.
• 340:105-10-85 is amended to reflect the current temperature for hot foods as determined by OSDH, per OAC 310:257-5-9.
• 340:105-10-86 is amended to clarify the requirements for congregate or home delivered meals site change of status.
• 340:105-10-101 is amended to include a requirement for informing the State Agency when there are no applicants for a service.
• 340:105-10-116 is amended to update the authority for the Section from Subpart O of Part 74 of Title 45 of the Code of Federal Regulations to Subpart D, and delete Attachment N to Circular A-110 as an authority.
• 340:105-11-234, 235, 240, 245, 246, 248, 252, and 253 are amended to:  (1) clarify terminology regarding "ombudsman"; (2) correct and update language by deleting obsolete terminology, reorganizing placement of information, and conforming with current federal, state, and OKDHS usage; and (3) update ASD forms, per the OKDHS Enterprise Document Generation System.

PERMANENT APPROVAL:  Permanent rulemaking approval is requested, with an effective date of June 1, 2007.

AGENCY GOALS:  The proposed rules clarify and improve systems and processes to achieve the OKDHS goal of providing quality services to older Oklahomans, by ensuring rules and procedures are consistently implemented, comply with federal and state laws and regulations, and conform to current usage and OKDHS standards.

COST:  The approximate cost of printing and distributing the proposed revised rules is less than $20. The cost is covered in the budget. The revised procedures are cost neutral and will result in more efficient administration and delivery of services and allocation of existing resources.

AUTHORITY:  Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; the Older Americans Act of 1965, as amended; and 49 U.S.C. § 5310(a)(2).

COMMENTS RECEIVED:

Summary of Public Comments and
Aging Services Division Response to Comments
Regarding Proposed Rule Revisions (WF 06-29)
Chapter 105. Aging Services Division
Feb. 7, 2007

Mr. Robert Rawlings, Chair of the Oklahoma State Council on Aging, an advisory council to Aging Services Division (ASD), sent to ASD on Feb. 6, 2007 the comments that are summarized here.  Mr. Rawlings's address and phone are:  1600 Timber Ridge Rd., Edmond, OK 73034, (405)-348-1129.

OAC 340:105-1-5(a)(1).  Comment on "Measuring actual project achievements or accomplishments in comparison...":  The buzz word for this in federal grants that is used in connection with projects is "outcomes."

OAC 340:105-1-5(d)(8).  Comment on "counseling regarding social services and follow up health services":  Revise to read "counseling regarding social services and follow up health and mental health services."

OAC 340:105-7-2(a)(1).  Comment:  "An application for adult day services is initiated by a request from an adult wishing to participate, a person responsible for the care of such an adult, (What about county OKDHS staff here?) or by a referral from an adult day services vendor."

OAC 340:105-7-4(a).  Comment:  Add a number (7)?
(7) If the adult day service is unable to meet the clinical needs of the individual.

Oklahoma Department of Human Services ASD received the written comments from the Council Chair, Mr. Rawlings.  These are documented on the Public Comment Record.  ASD received no additional public comments.

ASD considered and responded to each of the comments submitted.  No modifications will be made to the current proposed rule revisions.

Comments regarding Title III rules will be addressed as a part of the next permanent rulemaking process, when revisions to Title III rules will include the Older Americans Act (OAA) re-authorization revisions that include mental health, Alzheimer's disease, etc.  Current language regarding termination of authorization is broader and inclusive of clinical needs.  The response regarding requiring criminal background checks on Title III in-home service workers is that OAA does not currently have such a requirement and state funds are not available for criminal background checks.

Mr. Rawlings indicated satisfaction with the responses received from ASD.

D. CHAPTER 110. LICENSING SERVICES

Subchapter 1. General Provisions

Part 1. Licensing Services - Child Care

OAC 340:110-1-3 through 340:110-1-4.1 [AMENDED]

OAC 340:110-1-6 [AMENDED]

OAC 340:110-1-8 through 340:110-1-8.1 [AMENDED]

OAC 340:110-1-8.3 [AMENDED]

OAC 340:110-1-9 through 340:110-1-9.5 [AMENDED]

OAC 340:110-1-10 [AMENDED]

OAC 340:110-1-13 through 340:110-1-15 [AMENDED]

OAC 340:110-1-20 through 340:110-1-21 [AMENDED]

Part 3. Licensing Services - Residential Care and Agencies

OAC 340:110-1-43 through 340:110-1-43.1 [AMENDED]

OAC 340:110-1-45 through 340:110-1-47.2 [AMENDED]

OAC 340:110-1-51 through 340:110-1-53 [AMENDED]

(Reference APA WF 06-24)

SUMMARY:  The proposed revisions to Subchapter 1 of Chapter 110 improve the program and services provided by Oklahoma Department of Human Services (OKDHS) Division of Child Care (DCC) by:  (1) clarifying and improving the existing licensing rules for child care facilities to provide direction to licensing staff who regulate and consult with licensed child care facilities; (2) reconciling all DCC numbered forms, per the OKDHS Enterprise Document Generation System; and (3) improving the clarity of the rules by correcting punctuation and syntax and conforming to current OKDHS language and usage.

• 340:110-1-3 is amended to update language to conform to current OKDHS usage.
• 340:110-1-4 is amended to clarify contact procedures involving media relations.
• 340:110-1-4.1 and 110-1-6 are amended to change form numbers to conform with the new tracking system.
• 340:110-1-8 is amended to: (1) clarify criminal history investigation requirements; and (2) change form numbers to conform with the new tracking system.
• 340:110-1-8.1 is amended to update language to conform to current OKDHS usage; and change form numbers to conform with the new tracking system.
• 340:110-1-8.3 is amended to:  (1) clarify division practice and procedure to assist programs prepare to advance to a higher star program level; and (2) change form numbers to conform with the new tracking system.
• 340:110-1-9 is amended to:  (1) clarify protocol for reporting child death and sudden infant death syndrome; (2) provide guidelines for tracking criminal history; and (3) change form numbers to conform with the new tracking system.
• 340:110-1-9.1 and 110-1-9.3 are amended to change form numbers to conform with the new tracking system.
• 340:110-1-9.2 is amended to:  (1) clarify terminology for consistency; (2) reflect complaint tracking categories; and (3) change form numbers to conform with the new tracking system 
• 340:110-1-9.4 is amended to clarify terminology for consistency.
• 340:110-1-9.5 and 110-1-14 are amended to change form numbers to conform with the new tracking system. 
• 340:110-1-10 is amended to clarify current division practice.
• 340:110-1-13 is amended to: (1) clarify procedures when care of children is terminated; and (2) change form numbers to conform with the new tracking system.
• 340:110-1-15 is amended to: (1) clarify complaint procedures; and (2) update terminology for consistency.
• 340:110-1-20 is amended to:  (1) clarify procedures involving licensing staff professional development; and (2) change form numbers to conform with the new tracking system. 
• 340:110-1-21 is amended to update terminology for consistency.
• 340:110-1-43 is amended to:  (1) clarify the person who signs the license that is issued; and (2) update terminology for consistency.
• 340:110-1-43.1 and 110-1-45 are amended to change form numbers to conform with the new tracking system.
• 340:110-1-46 is amended to:  (1) clarify that a complete monitoring visit is required to issue a six-month permit; and (2) change form numbers to conform with the current form tracking system.
• 340:110-1-47 is amended to:  (1) clarify licensing procedure when a program has a change of address or reports a satellite office; (2) clarify the definition of serious incident; and (3) change form numbers to conform with the current form tracking system.
• 340:110-1-47.1 is amended to:  (1) clarify the complaint finding options; and (2) change form numbers to conform with the current form tracking system.
• 340:110-1-47.2 and 110-1-51 are amended to (1) change form numbers to conform with the current form tracking system; and (2) update terminology for consistency.
• 340:110-1-52 is amended to:  (1) clarify procedures for development of a consent agreement and appeals; and (2) update terminology for consistency.
• 340:110-1-53 is amended to clarify reasons and procedures for case closures.

PERMANENT APPROVAL:  Permanent rulemaking approval is requested, with an effective date of July 1, 2007.

AGENCY GOALS:  The proposed rules reflect and implement OKDHS goals to:  (1) provide services that support and strengthen the family and protect its members; and (2) continuously improve systems and processes to achieve OKDHS goals.

COST:  The probable cost to OKDHS includes the cost of printing and distributing the rules and training material among staff, and staff time associated with reviewing and revising the rules and training material.  The cost of printing and distribution is estimated to be under $100, which is within the current budget and requires no additional funding.  These proposals do not increase any agency's duties or need for additional full-time equivalent (FTE) positions.  Licensing staff will be trained using existing staff assigned to this duty.

AUTHORITY:  Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and The Oklahoma Child Care Facilities Licensing Act, Section 401 et seq. of Title 10 of the Oklahoma Statutes.

Part II. Adoption of Permanent Rules previously approved by the Commission under emergency provisions as required by the Administrative Procedures Act.

Emergency rules in effect on or before the first day of the legislative session are null and void on July 15 of the same year unless they are superseded by a permanent rule.  Emergency rules may be approved any time during the year but permanent rules must be approved during the legislative session.

The following rules were previously approved by the Commission and have been approved by the Governor under emergency provisions of the Administrative Procedures Act (APA).  Substantive changes from the emergency rules are proposed, and are highlighted.  The APA requires the Commission to again vote on the rules after the Notice of Rulemaking Intent is published in the Oklahoma Register and the public comment period expires.  The comment period has expired on the following rules; no comment was received.  The proposed permanent rules will be submitted to the Governor and Legislature for approval if approved by the Commission as permanent rules.

A. CHAPTER 75. CHILD WELFARE

Subchapter 1. General Provisions of Child Welfare Services

Part 1. Scope and Applicability

OAC 340:75-1-16 [AMENDED]

Subchapter 3. Child Protective Services

OAC 340:75-3-5 [AMENDED]

(Reference APA WF 06-12)

SUMMARY:  The proposed revisions to Subchapters 1 and 3 of Chapter 75 bring the rules into compliance with House Bill (HB) 2840, the Kelsey Smith-Briggs Child Protection Reform Act, effective November 1, 2006, which amends:  Sections (§§) 7003-6.2 and 7003-6.2A of Title 10 of the Oklahoma Statutes (O.S.) pertaining to court ordered placement of a child in Oklahoma Department of Human Services (OKDHS) custody; and 10 O.S. § 7106(K) pertaining to reporting child abuse or neglect and 74 O.S. § 150.5(A)(1)(e) pertaining to requesting investigations by the Oklahoma State Bureau of Investigation (OSBI) in cases of child abuse or neglecT.

• 340:75-1-16 is amended and supersedes the emergency revisions approved January 15, 2007 to:  (1) reflect procedures for providing verbal notice of objection and intention to seek review of the court order releasing a child from state custody when the Oklahoma Department of Human Services (OKDHS) deems the court order creates a serious risk of danger to a child; (2) clarify that when a child is placed in OKDHS custody, the court may not direct OKDHS to place the child in a specific home or placement; (3) provide the opportunity for OKDHS to provide sworn testimony for the purpose of determining the placement of a child; and (4) provide the definition of "serious risk of danger to the health and safety of the child."
• 340:75-3-5 is amended and supersedes the emergency revisions approved January 15, 2007 to:  (1) reflect that the OKDHS Director or designee may request a criminal investigation by OSBI in cases where it has been determined that criminally injurious conduct, including, but not limited to, physical or sexual abuse of a child, has occurred; (2) update terminology and formatting for clarity and consistency; and (3) delete subsection (k) to eliminate duplicative or obsolete language.

PERMANENT APPROVAL:  Permanent rulemaking approval is requested, with an effective date of June 1, 2007.

AGENCY GOALS:  The proposed rules improve systems and processes to achieve OKDHS goals by providing additional procedures and authority to ensure the protection of children who are at risk.  If the proposed rules are not implemented, rules will not be in compliance with federal and state regulations, placing children at further risk.  Without approval, existing rules will not support OKDHS in entering objections to placements or custody orders that may create a serious risk of danger to the health or safety of children who are alleged, or found, to be victims of abuse and neglect.

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.  The revised rule does not increase staff duties or require additional full time equivalent (FTE) positions, and will not incur substantial cost beyond training OKDHS supervisory staff on implementation of the revised rule.  The revised procedures are cost neutral, and will result in enhanced procedures to assist in the protection of children.

AUTHORITY:  Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; HB 2840; 10 O.S. §§ 7003-6.2, 7003-6.2A, and 7106(K); and 74 O.S. 150.5(A)(1)(e).

EMERGENCY RULE APPROVAL DATE: 
WF 06-12 was previously approved as emergency by the Commission on Dec. 7, 2006 and by the Governor on Jan. 5, 2007.

Part III. Adoption of Permanent Rules previously approved by the Commission under emergency provisions as required by the Administrative Procedures Act.

Emergency rules in effect on or before the first day of the legislative session are null and void on July 15 of the same year unless they are superseded by a permanent rule.  Emergency rules may be approved any time during the year but permanent rules must be approved during the legislative session.

The following rules were previously approved by the Commission and have been approved by the Governor under emergency provisions of the Administrative Procedures Act (APA).  The APA requires the Commission to again vote on the rules after the Notice of Rulemaking Intent is published in the Oklahoma Register and the public comment period expires.  The comment period has expired on the following rules; no comment was received, and no substantive revision of the emergency rules is proposed.  The proposed permanent rules are to be submitted to the Governor and Legislature for approval if approved by the Commission as permanent rules.

A. CHAPTER 110. LICENSING SERVICES

Subchapter 1. General Provisions

Part 1. Licensing Services - Child Care

OAC 340:110-1-17 [AMENDED]

(Reference APA WF 06-07)

SUMMARY:  340:110-1-17 is amended and supersedes the revisions approved as emergency concerning Division of Child Care (DCC) Child Care Advisory Committee (Committee) bylaws, in order to bring the rule into compliance with the Oklahoma Child Care Facilities Licensing Act (Act).  The proposed rule improves the function of the existing Committee by:  (1) providing clear guidelines regarding Committee requirements and procedures; and (2) complying with federal and state laws and regulations to ensure quality of services provided to children and their families.

The proposed revisions were necessitated when a Committee officer position was recently vacated, and it came to the attention of the Committee and DCC that current Committee bylaws were not adequate and sufficient to carry out duties mandated by the Act.

PERMANENT APPROVAL:  Permanent rulemaking approval is requested, with an effective date of July 1, 2007.

AGENCY GOALS:  The proposed rule promotes the OKDHS goal to support and strengthen the family and protect its members.  The revised rule ensures quality of services provided to children and their families by:  (1) providing clear guidelines regarding Committee requirements and procedures; (2) complying with federal and state laws and regulations; and (3) improving 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.  The proposed revisions do not increase any agency's duties or need for additional full-time equivalent (FTE) positions.

AUTHORITY:  Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and The Oklahoma Child Care Facilities Licensing Act, Section 401 et seq. of Title 10 of the Oklahoma Statutes.

EMERGENCY RULE APPROVAL DATE: 
WF 06-07 was previously approved as emergency by the Commission on June 20, 2006 and by the Governor on July 26, 2006.

Carey Garland, director of the OKDHS Aging Services Division delivered a brief report before introducing Don Hudman, Kay Carter and Kathy Blair with the Area Aging Agencies. 

OKDHS Chief Operating Officer for Human Services Center Marq Youngblood gave a brief update to the Commission before introducing representatives from the Safe Haven program in Pottawatomie County.  Also, Scott Oliver, who has been through the program, gave an emotional personal testimony to how the program and OKDHS helped save his life and reunite him with his children.

Dena Thayer with the Office of Legislative Relations and Special Projects gave a brief legislative overview. 

The date of the next meeting of the Oklahoma Commission for Human Services is March 27, 2007.