Present were Chairman Richard DeVaughn, Ronald Mercer, Michael Peck, Wayne Cunningham, Patrice Douglas, Aneta Wilkinson, Jay Dee Chase and George Young.
Chairman DeVaughn called the meeting to order by welcoming the new Commissioner Jay Dee Chase to his first meeting. DeVaughn also read a Resolution honoring former Commissioner Steve W. Beebe, whose appointment to the Commission ended Feb. 22, 2007. Beebe began his tenure with the Commission on Aug. 22, 2002 when he was appointed to serve by Governor Frank Keating. Beebe served as chair of the Commission’s Budget Committee and served on the Oklahoma Human Services Foundation. Beebe’s compassion toward Oklahoma’s most needy and vulnerable citizens and his reputation as a gentleman made him as asset to the Oklahoma Commission for Human Services.
Oklahoma Department of Human Services (OKDHS) Director Howard H. Hendrick began his comments by listing some recent site visits that included meeting with various House and Senate Members, the Council on Aging, parents meeting for DDSD Waiting List persons, Hospital Association Roundtable, Governor’s Mental Health Transformation Grant Council, Norman Success by Six – Baby Brains Under Construction tour, Representatives of U.S. Dept. of HHS, various meetings with Congressional Delegation members and their staffs, Multi-Agency Partner’s Conference, USDA meeting with SW Regional Administration and his staff, Birth Choice Facility visit, ODMHSAS Interagency meeting on new eligibility determination processes, Oklahoma Hunger Summit Panel, Automated Child Care Time and Attendance Payment Systems Conference, meeting with Dr. Baker, Dean of OU College of Social Work to explore ways to work together more, Governor’s Cabinet, Statewide CASA Director’s meeting, Agency Strategic Planning meeting, Economic Affairs meeting with Speaker Cargill, monthly child welfare case review meeting, FY 2008 Budget Planning session, OU Medical Center – NICU unit for Family Formation services opportunity, County Administrators Association Executive Committee, Information Technology Governance Board meeting, House Hearing on the FY 08 Budget needs, Commissioner Orientation, OU Medical Center – CEO meeting to coordinate services, Disability Awareness Event – South Steps of the Capitol, Business Management Group – Improving the Project Management Process for the Governance Board, Initial Planning Session for Laura Dester Shelter project in Tulsa and the Human Resources Planning Session for Agency personnel needs.
Director Hendrick next shared some good news including more than 200 families being served Saturday at a Fee the Children/OKC Hornets/OKDHS event, Linda Moore has been named the new Carter County Director and Gerald Davis has been named the new Tulsa County 72B County Director.
The Director next discussed the FY 08 state budget status before delivering a brief update on the Food Stamp program.
Director Hendrick concluded his remarks by outlining some activities in progress that include work to refine the FY 08 Budget needs statements, the Statewide Volunteer Recognition Ceremony on April 18, completing the scripting of the strategic thinking meetings and begin discussion with a working group of the Commission for future recommendations and responding to the various legislative committees during the state legislative session.
Chief Financial Officer Phil Motley presented the financial report for the period ending Feb. 28, 2007. No significant budget adjustments for FY 07 activity were necessary in the month of February. Current year operational receipts and receivables were 4.8 percent less than budgeted year-to-date. Operational expenditures and encumbrances for FY07 ended last month at 4.9 percent less than budgeted. The projected current year position is dependent upon an estimate of $79.2 million receivables and $90.7 million payables as of February 28. The cash position, at month end, of $75.9 million does not reflect a net obligation of $52.8 million against those funds. Consequently, the total projected financial position is $23.1 million through the reporting period. Much of the current year position, or projected and eventual unobligated cash, will become available several months into FY08. The total agency position remained consistent with expectations.
The total expenditures for the Aging Services Division remains 3.3 percent over budget through February. Aging Services has two programs currently over budget year-to-date. Supportive Services is over budget by 1.1 percent but a correction for this is already planned in March. The ADvantage Program is 13.8 percent over budget through February. A supplemental for the current year was requested for the ADvantage program but was not addressed in either the Governor’s Proposed Budget or the recently publicized Legislative Budget Agreement.
Adoptive placements for the month continued at a significant pace with 130 new placements. The number of children in Foster Care rose by 106 from the previous month. Food Stamp Cases declined by 1,901 compared to January. TANF Child Only Cases and Cases with Adults decrease by 54 and 109 respectively from those in January.
The FY06 Single State Audit for the Department has been completed. Only 10 findings were reported with negligible questioned costs and no internal control issues. The report from the State Auditor and Inspector’s Office is scheduled for June.
The Commission passed 12 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 1. FUNCTION AND STRUCTURE OF THE DEPARTMENT
Subchapter 11. Civil Rights and Nondiscrimination on Basis of Race, Color, National Origin, Sex, Age, Religion, or Disability
Part 2. Food Stamp Program Discrimination Complaint, and Non Compliance, and Rude Treatment System
OAC 340:1-11-21 through 340:1-11-22 [AMENDED]
(Reference APA WF 07-06)
SUMMARY: The proposed revisions to Subchapter 11 of Chapter 1 amend the rules to delete unnecessary duties and reflect the correct Oklahoma Department of Human Services (OKDHS) name.
340:1-11-21 is amended to delete unnecessary duties.
340:1-11-22 is amended to delete unnecessary duties and reflect the correct name of OKDHS.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules achieve OKDHS goals by continuously improving systems and processes.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rules and is estimated to be less than $20. The cost is covered in the budget.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Title VI of the Civil Rights Act of 1964, 42 United States Code (U.S.C.) § 2000d through 2000d-6; Americans with Disabilities Act, 28 Code of Federal Regulations (CFR) Part 35, Title II, Subtitle A; Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.; Section 504 of the Rehabilitation Act of 1973; Age Discrimination Act of 1975, 45 CFR Part 91; Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA); Civil Rights Restoration Act of 1987; Food Stamp Act of 1977; and Food and Nutrition Service (FNS) Instruction 113 1.
B. CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 1. Human Resources Management Division (HRMD)
Part 4. Alcohol and Drug Testing Policy Applicable to OKDHS Employees and Applicants
OAC 340:2-1-42 through 340:2-1-43 [AMENDED]
OAC 340:2-1-45 [REVOKED]
OAC 340:2-1-47 [REVOKED]
Subchapter 15. Risk and Safety Management
Part 5. Alcohol and Drug Testing Policy for Drivers of Commercial Vehicles
OAC 340:2-15-42 [AMENDED]
(Reference APA WF 06-28)
SUMMARY: The proposed revisions to Subchapters 1 and 15 of Chapter 2 amend the rules to: (1) correct the Oklahoma Department of Human Services (OKDHS) name and acronym; (2) remove alcohol testing as a pre-employment requirement; (3) establish procedures and include forms for pre-employment drug testing; (4) amend an OKDHS form number; and (5) revoke material that is internal to OKDHS procedure.
340:2-1-42 is amended to: (1) remove alcohol testing as a pre-employment requirement; and (2) correct the agency name and acronym.
340-2-1-43 is amended to: remove alcohol testing as a pre-employment requirement; and (2) establish procedures and include forms for pre-employment drug testing.
340:2-1-45 and 340:2-1-47 are revoked as they are internal OKDHS procedure.
340:2-15-42 is amended to: (1) correct the agency's name; and (2) reflect the current OKDHS form number.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules achieve OKDHS goals by continuously improving systems and processes.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rules and is estimated to be less than $10. The cost is covered in the budget.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Sections 551 et seq. of Title 40 of the Oklahoma Statutes.
C. CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 28 Office of Administrative Hearings: Child Support
OAC 340:2-28-1 through 340:2-28-2 [AMENDED]
OAC 340:2-28-4.2 through 340:2-28-4.3 [AMENDED]
OAC 340:2-28-4.4 [NEW]
OAC 340:2-28-16.1 through 340:2-28-16.2 [AMENDED]
OAC 340:2-28-17.2 [AMENDED]
OAC 340:2-28-19 through 340:2-28-20 [AMENDED]
OAC 340:2-28-22 [AMENDED]
OAC 340:2-28-24 through 340:2-28-26 [AMENDED]
OAC 340:2-28-29 through 340:2-28-31 [AMENDED]
OAC 340:2-28-33 [AMENDED]
(Reference APA WF 07-02)
SUMMARY: The proposed revisions to Subchapter 28 of Chapter 2 amend the rules to provide for electronic filing and submission of documents with the Oklahoma Department of Human Services (OKDHS) Office of Administrative Hearings: Child Support (OAH). The amendments will enable OAH to implement a project that will develop a comprehensive court case management system that is virtually paperless, incorporates computer technology to facilitate web electronic filing and document submission, and integrates automated document generation.
340:2-28-1 is amended to clarify OAH jurisdiction for administrative hearings relating to child support.
340:2-28-2 is amended to add "electronic filing" to the list of definitions.
340:2-28-4.2 is amended to add that administrative case proceedings cannot commence until an administrative case is opened through the OKDHS Child Support Enforcement Division (CSED).
340:2-28-4.3 is amended to add the imaging of paper documents that have been manually filed into the electronic court file as an additional function of the clerk of OAH.
340:2-28-4.4 is a new rule specifying that OAH court clerks treat documents that have been filed through the OAH electronic medium the same as paper documents and affix an electronic file-stamp on the electronically filed document.
340:2-28-16.1 is amended to specify that CSED district child support offices docket their hearings through the OAH docketing system and clarify when notices and continuances must be docketed.
340:2-28-16.2 is amended to include the electronic filing and delivery of orders to parties is an acceptable form of filing and delivery of orders.
340:2-28-17.2 is amended to add that: (1) electronic signatures or electronic notary stamps are acceptable on pleading and motion documents; (2) electronic submissions are digitally maintained by OAH according to the State Records Retention Act; (3) forms, filing, and service documents may be electronically submitted; (4) motions may be provided on an electronic document; (5) the preferred method of filing documents, including motions, is through an electronic means approved by OAH; and (6) certain types of confidential information may be redacted.
340:2-28-19 is amended to add that certain types of confidential information may be redacted.
340:2-28-20 is amended to add that an entry of appearance may be filed through an electronic means approved by OAH.
340:2-28-22 is amended to add that failure to dress appropriately for an OAH hearing or prehearing may be cause for the case to be continued to another docket or stricken from the docket.
340:2-24 is amended to add electronically submitted documents to items that constitute the exclusive record for decision by the administrative law judge.
340:2-28-25 is amended to add that parties must file a designation of record with OAH describing which documents in the OAH administrative file are to be sent to the appellate court in the event of an appeal.
340:2-28-26 is amended to clarify the numbering of OAH cases and the procedure for child support district offices to follow when transferring child support cases.
340:2-28-29 is amended to add that motions for dismissals or partial dismissals may be filed though an electronic means approved by OAH.
340:2-28-30 is amended to add that a motion for continuance may be electronically submitted.
340:2-28-31 is amended to add that objections to jurisdiction, service, or venue may be filed through an electronic means approved by OAH.
340:2-28-33 is amended to clarify the conditions when a default judgment may be entered.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules achieve OKDHS goals by continuously improving systems and processes to achieve agency goals. The proposed rules allow the OAH to more efficiently manage its resources.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rules and is estimated to be less than $100. The cost is covered in the budget.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Section 237 of Title 56 of the Oklahoma Statutes.
D. CHAPTER 5. ADULT PROTECTIVE SERVICES
Subchapter 5. Investigation of Adult Protective Services Referrals
OAC 340:5-5-4 [AMENDED]
(Reference APA WF 07-03)
SUMMARY: OAC 340:5-5-4 proposed revisions amend the rule to: (1) clarify how Adult Protective Services (APS) works with an alleged victim who is a tribal member; (2) change the statute citation and language regarding voluntary referrals for APS service; (3) clarify how APS staff work with Developmental Disabilities Services Division (DDSD) staff; (4) provide other clarifying information; and (5) update obsolete language.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by supporting the Family Support Services Division (FSSD) goal of protecting vulnerable adults from abuse, neglect, and exploitation.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rules and is estimated to be less than $20. The cost is covered in the budget.
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.
E. CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 3. Conditions of Eligibility – Need
Part 3. Income
OAC 340:10-3-32 [AMENDED]
(Reference APA WF 07-07)
SUMMARY: OAC 340:10-3-32 proposed revisions amend the rule to coincide with Food Stamp and Child Care Program rules to: (1) change language regarding tax forms used to determine self-employment income; and (2) specify how profit sharing income is treated.
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 is limited to printing and distributing the rule material and is anticipated to be less than $10. The cost is covered in the budget.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections 230.50 and 230.52 of Title 56 of the Oklahoma Statutes; the Personal Responsibility and Work Opportunity Act of 1996; and Part 260 of Title 45 of the Code of Federal Regulations (CFR).
F. CHAPTER 40. CHILD CARE SERVICES
Subchapter 7. Eligibility
OAC 340:40-7-11 [AMENDED]
(Reference APA WF 07-08)
SUMMARY: OAC 340:40-7-11 proposed revisions amend the rule to: (1) coincide with Food Stamp Program and Temporary Assistance for Needy Families (TANF) simplifying how self-employed farm income and business expenses are considered, revising language regarding tax forms used to determine self-employment income, and specifying how profit sharing income is treated; (2) add information about the Supported Permanency benefits; and (3) add clarifying information.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules support the Oklahoma Department of Human Services (OKDHS) goal of continuously improving systems and processes to achieve OKDHS goals.
COST: The probable cost is limited to printing and distributing the rule material and is anticipated to be less than $20. The cost is covered in the budget.
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 Parts 98 and 99 of Title 45 Code of Federal Regulations (CFR).
G. CHAPTER 50. FOOD STAMP PROGRAM
Subchapter 7. Financial Eligibility Criteria
Part 3. Income
OAC 340:50-7-30 [AMENDED]
(Reference APA WF 07-09)
SUMMARY: OAC 340:50-7-30 proposed rule: (1) simplifies how self-employed farm income and business expenses are considered; (2) revises language regarding tax forms used to determine self-employment income; (3) specifies how profit sharing income is treated; and (4) removes obsolete language.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules support the Oklahoma Department of Human Services (OKDHS) goal of continuously improving systems and processes to achieve OKDHS goals.
COST: The probable cost is limited to printing and distributing the rule material and is anticipated to be less than $20. The cost is covered in the budget.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Chapter II, Part 273 of Title 7 of the Code of Federal Regulations (CFR).
H. CHAPTER 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 3. Eligibility for Benefits
OAC 340:65-3-1 through 340:65-3-2 [AMENDED]
(Reference APA WF 07-04)
SUMMARY: The proposed revisions to Subchapter 3 of Chapter 65 amend the rules to: (1) add information that a Social Security number (SSN) is not required for the Child Care Program; (2) add a definition for who can be a payee for the programs administered by Family Support Services Division (FSSD); (3) update obsolete language and form numbers; and (4) clarify information.
340:65-3-1 is amended to: (1) add information that a SSN is not required for the Child Care Program; (2) update obsolete language and form numbers; and (3) clarify information.
340:65-3-2 is amended to: (1) add a definition for who can be a payee for the programs administered by FSSD; (2) update obsolete language and form numbers; and (3) clarify information.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules support the Oklahoma Department of Human Services (OKDHS) goal of continuously improving systems and processes to achieve OKDHS goals.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rules and is estimated to be less than $20. The cost is covered in the budget.
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.
I. CHAPTER 70. SOCIAL SERVICES
Subchapter 8. Supplemental Security Income-Disabled Children's Program (SSI DCP)
OAC 340:70-8-1 [AMENDED]
Subchapter 9. Health Related Services
OAC 340:70-9-1 [REVOKED]
OAC 340:70-9-2 [AMENDED]
OAC 340:70-9-5 [AMENDED]
OAC 340:70-9-7 [REVOKED]
OAC 340:70-9-9 [AMENDED]
OAC 340:70-9-10 [REVOKED]
OAC 340:70-9-15 [REVOKED]
OAC 340:70-9-17 [AMENDED]
(Reference APA WF 06-26)
SUMMARY: The proposed revisions to Subchapters 8 and 9 of Chapter 70 amend the rules to: (1) revoke obsolete Sections and move relevant material to other Sections; (2) clarify procedures for handling abnormal findings during an Early and Periodic Screening, Diagnosis and Treatment (EPSDT) examination; (3) add information about the Family Planning Waiver; (4) update obsolete language and form numbers; and (5) clarify language.
340:70-8-1 is amended to: (1) update obsolete language; and (2) clarify language usage for consistency.
340:70-9-1 is revoked as information is obsolete and relevant information is moved to 340:70-9-2.
340:70-9-2 is amended to: (1) add relevant information revoked from 340:70-9-1 and 340:70-9-10; (2) move information regarding a description of EPSDT from 340:70-9-5; (3) add a reference to family planning services; (4) update obsolete language; and (5) clarify language usage for consistency.
340:70-9-5 is amended to: (1) move information about EPSDT to 340:70-9-2; (2) incorporate information revoked from 340:70 9 7; (3) add procedures for handling abnormal findings during an EPSDT examination; (4) update obsolete language; and (5) clarify language usage for consistency.
340:70-9-7 is revoked as information is obsolete and relevant information is moved 340:70-9-5.
340:70-9-9 is amended to: (1) update obsolete language and form numbers; and (2) clarify language usage for consistency.
340:70-9-10 is revoked as information is obsolete and relevant information is moved to 340:70 9-2.
340:70-9-15 is revoked as information is obsolete and relevant information is moved to other Sections of this Subchapter.
340:70-9-17 is amended to: (1) add information about the Family Planning Waiver; (2) update obsolete language; and (3) clarify language usage for consistency.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules achieve Oklahoma Department of Human Services (OKDHS) goals by supporting its mission to promote health care accessibility.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rules and is estimated to be less than $20. The cost is covered in the budget.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Section 501 of Title V and Sections 1902 and 1905 of Title XIX of the Social Security Act.
J. CHAPTER 75. CHILD WELFARE
Subchapter 3. Child Protective Services
OAC 340:75-3-8.4 through 340:75-3-8.5 [AMENDED]
Subchapter 4. Family-Centered and Community Services
Part 1. Voluntary Family-Centered Services
OAC 340:75-4-14 [AMENDED]
Subchapter 13. Other Child Welfare Services and Medical Services for Children in Out-of-Home Care
Part 3. Income and Resources of the Child
OAC 340:75-13-28 through 340:75-13-29 [AMENDED]
(Reference APA WF 07-01)
SUMMARY: The proposed revisions to Subchapters 3, 4, and 13 of Chapter 75 update and clarify: (1) that the Oklahoma Department of Human Services (OKDHS) is responsible for distributing Child Abuse Multidisciplinary Account (CAMA) monies to eligible multidisciplinary child abuse teams (MDTs) and children's advocacy centers; (2) the purpose and composition of MDTs; (3) procedures for developing an aftercare plan when Family-Centered Services are terminated; (4) criteria for youth to receive Social Security Administration (SSA), Veterans Affairs (VA), or Supplemental Security Income (SSI) benefits; (5) criteria for OKDHS, placement provider, or youth to become the payee of benefits; (6) protocol for a Child Protective Services (CPS) assessment; and (7) language and form numbers to conform to current usage and comply with federal, state, and OKDHS standards.
340:75-3-8.4 is amended to clarify the purpose and composition of MDTs, participation of Child Welfare (CW) staff in the team process, and responsibility of OKDHS in distribution of CAMA monies to eligible MDTs and children's advocacy centers.
340:75-3-8.5 is amended to clarify the existing rule by deleting obsolete language and updating terminology to reflect current OKDHS usage.
340:75-4-14 is amended to add procedures for developing an aftercare plan when Family-Centered Services are terminated.
340:75-13-28 is amended to: (1) clarify OKDHS as payee of SSA benefits when OKDHS is paying the full amount of the child's cost of care; (2) clarify that a youth who remains in school beyond age 18 to complete high school remains eligible to receive SSA and VA benefit payments until graduation or reaching the age of 19; (3) include that if a youth is not competent to manage the payment, OKDHS will remain the payee for benefits; (4) require that a statement of evidence of the youth's inability to manage the payment be submitted to the Children and Family Services Division (CFSD) Administrative Services Unit (ASU); (5) require that the CW worker assist the youth in applying for a Disabled Adult Child case with SSA; (6) add procedures for placement providers and beneficiaries to become payees of the SSA or VA benefits; (7) reconcile CFSD numbered forms with the OKDHS Enterprise Document Generation System; and (8) clarify punctuation and syntax to bring the rules into conformance with current OKDHS language and usage.
340:75-13-29 is amended to clarify: (1) that the SSI recipient remains eligible for SSI if the recipient's income, resources, and disability continue to meet SSI program criteria; (2) procedures for OKDHS, placement providers, and beneficiaries to become the payee for a child's benefits; (3) reconcile CFSD numbered forms with the OKDHS Enterprise Document Generation System; and (4) clarify punctuation and syntax to bring the rules into conformance with current OKDHS language and usage.
PERMANENT APPROVAL: Permanent rulemaking approval is requested, with an effective date of July 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 $20. 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; and Section 416.621 of Title 20 of the Code of Federal Regulations.
Summary of Public Comments and
Children and Family Services Division (CFSD) Response to Comments
Regarding Proposed Rule Revisions
Chapter 75. Child Welfare
March 9, 2007
Ms. Sherri Synder, Director of the Child Advocacy Centers of Oklahoma, provided comments on Feb. 26, 2007, that are summarized here. Ms. Sndyer's address and phone number are: 427 K SW, Ardmore, OK 73401, 580-504-0683.
OAC 340:75-3-8.4. Comment: Information regarding essential components of the National Children's Alliance accreditation process was not included in the proposed rule.
Oklahoma Department of Human Services CFSD received the verbal and written comments from Ms. Snyder during the public comment period for the proposed rule, included in permanent rulemaking Workfolder 06-25, which was slated for consideration at the Feb. 27, 2007 meeting of the Commission for Human Services (Commission). Ms. Snyder's comments are documented on the Public Comment Record. CFSD received no additional comments.
CFSD considered and responded to the comments submitted and withdrew the rule with the intent to incorporate the requested language and submit the rule for consideration at the March 27, 2007 Commission meeting (Workfolder 07-01).
Ms. Snyder provided input in the final language and content of the proposed revised OAC 340:75-3-8.4, and indicated satisfaction with the rule as now written.
K. CHAPTER 100. DEVELOPMENTAL DISABILITIES SERVICES DIVISION
Subchapter 5. Client Services
Part 3. Service Provisions
OAC 340:100-5-22 [AMENDED]
OAC 340:100-5-25 [REVOKED]
(Reference APA WF 07-05)
SUMMARY: The proposed revisions to Subchapter 5 of Chapter 100 are required to: (1) reflect current residential service options; (2) update terminology; and (3) eliminate obsolete provisions.
340:100-5-22 is amended to: (1) reflect current residential service options; (2) eliminate duplication; (3) update terminology; and (4) remove obsolete provisions.
340:100-5-25 is revoked as the information is obsolete. More current rules cover these topics, including OAC 317:40-1-2, OAC 340:100 3-33.1, and 340:100-5-50.
PERMANENT APPROVAL: Permanent rulemaking approval is requested.
AGENCY GOALS: The proposed rules achieve the Oklahoma Department of Human Services (OKDHS) goals by supporting the Developmental Disabilities Services Division (DDSD) long-term goal to provide community services to persons with developmental disabilities.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rules and is estimated to be less than $5. The cost is covered in the budget.
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; and 56 O.S. § 1025.1.
L. CHAPTER 110. LICENSING SERVICES
Subchapter 3. Licensing Standards for Child Care Facilities
Part 8. Requirements for Children's Shelters [REVOKED]
OAC 340:110-3-130 through 340:110-3-144 [REVOKED]
Part 11. Requirements for Therapeutic Camps [REVOKED]
OAC 340:110-3-180 through 340:110-3-195 [REVOKED]
Subchapter 5. Requirements for Child-Placing Agencies
Part 7. Requirements for Group Homes [REVOKED]
OAC 340:110-5-80 through 340:110-5-99 [REVOKED]
(Reference APA WF 07-10)
SUMMARY: The proposed revisions to Subchapters 3 and 5 of Chapter 110 improve the program and services provided by Oklahoma Department of Human Services (OKDHS) Division of Child Care (DCC) by revoking obsolete and duplicative Sections in Parts 8 and 11 of Subchapter 3 and Part 7 of Subchapter 5. Rules containing the current updated requirements regarding residential child care facilities are codified in existing Subchapter 3, Part 9.
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 $20, 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.
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.
Mark Lewis, director, OKDHS Division of Child Care delivered a brief report on child brain development.
OKDHS Chief Operating Officer for Human Services Center Marq Youngblood gave a brief update to the Commission before introducing Paulette Nelson, APS Area III Field Liaison; Oklahoma County Assistant D.A. Peter Haddock and OCPD Lt. Don Evans to discuss the Oklahoma County Coalition Against Financial Exploitation.
Sharon Neuwald, coordinator, Office of Legislative Relations and Policy gave a brief legislative overview.
The date of the next meeting of the Oklahoma Commission for Human Services is April 24, 2007.