Present were Chairman Richard DeVaughn, Ronald Mercer, Michael Peck, Wayne Cunningham, Patrice Douglas, Jay Dee Chase, Aneta Wilkinson, Garoldine Webb and George Young.
Chairman DeVaughn called the meeting to order by honoring Commissioner Wayne Cunningham who completed his term with the Oklahoma Commission for Human Services. Cunningham joined the Commission in August of 1998 when he was appointed by then Gov. Frank Keating.
Oklahoma Department of Human Services Director Howard Hendrick began his formal comments to the commission by listing some recent site visits that included child welfare case reviews, Family Start quarterly meeting to monitor the status of the intervention efforts, annual OKDHS Safety Conference sponsored by the Office of Risk Management, Child Care Policy planning sessions, Council on Hispanic Relations meeting to discuss the effects of HB 1804, National Children’s Alliance conference, Oklahoma Workforce Investment Board, meeting with OPEA representatives, CSED New Hire Incentive planning meetings, Information Technology Governance Board Meeting, Oklahoma Therapeutic Foster Care Association quarterly meeting, meeting with representative of the Court Improvement project regarding the role of mediation in assisting with the resolution of cases, meeting regarding the “United We Ride” initiative led by the Department of Rehabilitative Services, Oklahoma Partnership for School Readiness Executive Committee meeting, Oklahoma Commission on Children and Youth, OKDHS State Games, meeting with OSEEGHIB representatives regarding health care costs, final interviews for the Aging Services Division Administrator, conference call regarding new OMI research findings, Office of Faith Based and Community Initiatives event to collaborate regarding the use of Community Ministry Centers for multiple faith groups to cooperate, Agency Directors meeting with the Workforce Oklahoma staff, National Governor’s Association Best Practice Initiatives for Human Services in New Orleans, Enterprise Framework planning sessions, Multiple Oklahoma County multi-faceted collaboration for improving child welfare services in Oklahoma County, Child Care planning sessions for addressing national accreditation opportunities, Food Stamp planning meeting, Area Agencies on Aging planning sessions to address cash flow and audit compliance issues, Sandy Garrett’s State of the State’s Education Address, Oklahoma Marriage Initiative planning sessions, Department of Mental Health and Substance Abuse Services Annual Children’s Conference in Tulsa, Office Visit: Tulsa West Child Support Enforcement Office, Tulsa Skyline Building Office, Tulsa County 55-H Office, Oklahoma County 55-B office, Long-Term Care Authority of Tulsa meeting, meeting with representatives of PSI services, Oklahoma Capitol Improvement Authority Board meeting, Laura Dester Shelter funding planning meeting, Child support/Child Care collaborative assessment, multiple 90 day reviews with Officers, Advantage Waiver providers quarterly meeting with LTCA of Tulsa, Facilities Management Quarterly property review, USDAHHS – ACF – 3rd Annual Healthy Marriage and Responsible Fatherhood Conference in Washington D.C.
The Director next addressed the recent flooding in Washington and Ottawa counties.
Director Hendrick next shared some good news. Lance Robertson has been named as the new Administrator of the OKDHS Aging Services Division. Two new employee pay initiatives recently received approval from the Office of Personnel Management: The New Hire Continuous Services Incentive Plan and the Skills Based Pay Incentive Pay Plan for CSED. July 26 marks the 15th Anniversary of the Americans with Disabilities Act. A record 1,579 children have been authorized for adoption in the state fiscal year ending June 30, 2007.
Director Hendrick next paused to introduce Judge Richard Kirby who presided over the first public adoption in state history. Judge Kirby finalized the adoption of Taylor, Nicole, Gabby and Breanna to Steven and Maylene Sorrels. After the adoption was finalized the Commission recessed for about 10 minutes to enjoy some cake and congratulate the new family.
When the Commission reconvened, the Director reviewed the proposed Child Care Policy (see Administrative Rules).
Director Hendrick concluded his comments with a brief update on Food Stamp usage and outlined some major issues coming up for the agency, including: analyzing the year end performance of each of the programs in the agency (this review should be ready by the next meeting); analyzing the trend-line for the Waiver programs that showed a significant increase in June and determine whether it is isolated or a trend; monitor what, if any, other changes need to be made to the Child Care policy to make it workable; complete the recommendations for the next phase of property bonding and develop a proposed resolution for the agreements and services delivered by the LTCA of Tulsa for future services.
OKDHS Chief Financial Officer Phil Motley presented the financial report summary for the periods ending May 31 and June 30, 2007. Expenditures and estimated payables for FY07 through June 30 was 4.7 percent less than the FY07 budget. Revenues and estimated receivables for FY07 are projected at 4.6 percent less than expected. This relationship produces a financial position of $24.8 million at year end. May and June expenditures finished the year higher than expected. These two month, with associated payables, account for approximately 23 percent of the total FY07 expense of the agency. This is about 2 percent higher than expected. No major budget changes were implemented in either May or June.
The Aging Services Division finished the year 5 percent over budget. This position is solely related to the expenditures in the ADvantage Program. Only two agency programs ended the year over budget. Group Homes expenditures in the Children and Family Services Division finished FY07 .2 percent higher than budget. A budget adjustment was implemented in this program earlier in the fiscal year. However, overtime and double filled positions are still occurring at both facilities. The ADvantage program expenditures reflect 22.4 percent over budget at year end.
There were 700 Adoptive Placements in the month of June. The number of children in Foster Care, dropped by 51 in June. Food Stamp Cases rose by 20 in the last month of the year. TANF Child Only cases were 70 less than in May and Cases with Adults were 105 less than the previous month.
The Commission approved four administrative rules:
Part I. Emergency rules subject to the Administrative Procedures Act.
A. CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 5. Fair Hearings
Part 11. Child Care Facility Licensing
OAC 340:2-5-112 [AMENDED]
OAC 340:2-5-119 [AMENDED]
(Reference APA WF 07-14)
SUMMARY: The proposed revisions to Subchapter 5 of Chapter 2 amend the rules to bring policy into line with legal requirements.
340:2-5-112 is amended to expand the definition of "official record" to include a transcript of the hearing and to provide a definition of "clear and convincing evidence."
340:2-5-119 is amended to conform the standard of proof in child care licensing proceedings to due process requirements.
PROPOSED EFFECTIVE DATE: Immediately upon Governor's approval.
EMERGENCY APPROVAL: Emergency rulemaking approval is requested as the Oklahoma Department of Human Services (OKDHS) finds compelling public interest to prevent adverse child care licensing decisions from being reversed on due process grounds. Public health and safety is served by OKDHS being able to prevent operation of substandard child care homes and facilities.
AGENCY GOALS: The proposed rules achieve OKDHS goals by conforming policy to law.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $100. The revised rules will result in due process being provided for child care licensees and applicants.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Due Process of Law, Article II, Section 7 of the Oklahoma Constitution.
B. CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 2. Temporary Assistance for Needy Families (TANF) Work Program
OAC 340:10-2-1 [AMENDED]
OAC 340:10-2-5 through 340:10-2-8 [AMENDED]
(Reference APA WF 07-13)
SUMMARY: The purpose of the proposed rules is to revise Temporary Assistance for Needy Families (TANF) rules regarding TANF Work activities and reporting responsibilities in accordance with the Deficit Reduction Act of 2005.
340:10-2-1 proposed revisions: (1) add a formula for determining the average weekly countable work hours for a work-eligible individual who is self-employed; (2) remove language that allows short term closures by a facility to count as a holiday in calculating client TANF Work participation; (3) remove the ability to count excused absences from participation in hour increments; and (4) remove community services as a TANF Work activity.
340:10-2-5 proposed revisions update client TANF Work participation reporting responsibilities.
340:10-2-6 proposed revisions limit job readiness activities.
340:10-2-7 proposed revisions: (1) remove community service as a TANF Work activity; (2) add job skills training as a TANF Work activity; and (3) update client TANF Work participation reporting responsibilities.
340:10-2-8 proposed revisions: (1) update client TANF Work participation reporting responsibilities; and (2) reflect the current form numbers.
EMERGENCY APPROVAL:
Emergency approval is requested due to compelling public interest so that the Oklahoma Department of Human Services (OKDHS) remains in compliance with federal guidelines as specified in the Deficit Reduction Act of 2005, specifically Section 262.2 of Title 45 of the Code of Federal Regulations (CFR) which will make OKDHS subject to penalty if these changes are not made by October 1, 2007.
AGENCY GOALS: The proposed rules support the 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 rules is estimated to be approximately $10.
PROPOSED EFFECTIVE DATE: Oct. 1, 2007.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections 230.50, 230.52, 230.62, 230.64, and 230.65 of Title 56 of the Oklahoma Statutes; the Deficit Reduction Act of 2005; and Parts 261.2, 261.60, 261.61 and 262.2 of Title 45 of the CFR.
C. CHAPTER 75. CHILD WELFARE
Subchapter 7. Foster Home Care
Part 2. Development of Resources
OAC 340:75-7-15 [AMENDED]
(Reference APA WF 07-12)
SUMMARY: The proposed revisions to Subchapter 7 of Chapter 75 amend the rules to bring the Oklahoma Department of Human Services (OKDHS) foster and adoptive homes approval process into compliance with Senate Bill 553.
340:75-7-15 is amended to: (1) clarify the exception to fingerprinting process; (2) clarify that when an equivalent records check from another state is required, it must be received prior to placement; (3) correct Department of Public Services to Department of Public Safety (DPS); (4) repeal time frame for kinship applicant's equivalent record check; (5) require that OKDHS obtain the out-of-state child abuse and neglect registry check; and (6) repeal court's authority to approve a prospective adoptive parent or long-term placement provider due to specified felonies.
EMERGENCY APPROVAL: Emergency rulemaking approval is requested as OKDHS finds a compelling public interest to preserve the health, safety, and welfare of families with children who are in need of foster or adoptive homes. Emergency rulemaking is necessary to bring the rules into compliance with Senate Bill 553.
AGENCY GOALS: The proposed rules support the OKDHS goal of providing services that support and strengthen the family and protect its members by requiring a more stringent review of a prospective foster or adoptive parent's background prior to placement of a child in OKDHS custody and repealing the court's option of approving a prospective foster or adoptive parent who has specified felony convictions.
COST: There is no effect on state revenues associated with these emergency revisions. The revised rules do not increase staff duties or require additional full-time equivalent positions (FTEs). The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.
PROPOSED EFFECTIVE DATE: Immediately upon Governor's approval.
AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Title 10 of the Oklahoma Statutes.
D. CHAPTER 110. LICENSING SERVICES
Subchapter 1. General Provisions
Part 1. Licensing Services – Child Care
OAC 340:110-1-9.4 [AMENDED]
Subchapter 3. Licensing Standards for Child Care Facilities
Part 1. Requirements for Child Care Centers
OAC 340:110-3-5 thru 340:100-3-5.1 [AMENDED]
OAC 340:110-3-27 [AMENDED]
Part 2. Requirements for Part-Day Children's Programs
OAC 340:110-3-39 thru 340:110-3-40 [AMENDED]
OAC 340:110-3-49.3 [AMENDED]
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
OAC 340:110-3-81 through 110-3-82 [AMENDED]
OAC 340:110-3-84 through 110-3-88 [AMENDED]
OAC 340:110-3-89.1 through 110-3-91 [AMENDED]
OAC 340:110-3-91.1 [NEW]
OAC 340:110-3-92 through 110-3-94 [AMENDED]
OAC 340:110-3-97 through 110-3-97.1 [AMENDED]
Part 14. Requirements for School-Age Programs
OAC 340:110-3-223 thru 340:110-3-224 [AMENDED]
OAC 340:110-3-237 [AMENDED]
(Reference APA WF 07-16)
SUMMARY: The proposed revisions allow for increased health and safety requirements for children in licensed family child care homes and large family child care homes. Most critical revisions occur in the area of fire safety and qualifications of the primary caregiver. These revisions impact the daily environment where children are in care therefore improving the quality of care received and further insuring children’s safety. Revisions also clarify and improve division policy and practice when issuing an emergency order and allow for increased accessibility of licensing information for parents and the public.
340:110-1-9.4 is amended to clarify situations for issuance of an emergency order including procedures with regard to timeframes, review of issuance, delivery of emergency order, and rescinding an emergency order.
340:110-3-5 and 340:100-3-5.1 is amended to increase accessibility of licensing information for parents and public.
340:110-3-27 is amended as poison control center is no longer recommending first aid kits contain syrup of ipecac or activated charcoal.
340:110-3-39 and 340:110-3-40 is amended to increase accessibility of licensing information for parents and public.
340:110-3-49.3 is amended as poison control center is no longer recommending first aid kits contain syrup of ipecac.
340:110-3-81 is amended to include revisions to definitions of an infant, primary caregiver, and toddler.
340:110-3-82 is amended to clarify division practice as it relates to application, denial or revocation of a license.
340:110-3-84 is amended to clarify capacity of family child care homes, obtaining of references on caregivers and the conditions of notifying licensing when specific events occur.
340:110-3-85 is amended to include increased qualifications, training and responsibilities of primary, assistant and substitute caregivers. Revisions also include limitations of inactive status of the primary caregiver and clarification of approval of dual foster care certifications.
340:110-3-86 is amended to increase space used routinely by children, staff-child ratio as it relates to swimming, supervision of animals, and development of emergency procedures in the event of a natural or man-made disaster. Revisions also clarify sanitation, lighting, and fencing requirements.
340:110-3-87 is amended to clarify transportation requirements.
340:110-3-88 is amended to increase accessibility of licensing information, and to increase record information regarding caregivers and attendance of children in care.
340:110-3-89.1 is amended to increase information regarding the caregiver’s policy for parents.
340:110-3-90 is amended to increase practices of hand washing, disease control, and safety of medication when administered by injections.
340:110-3-91 is amended to clarify appropriate media use for children. Revisions also include the movement of requirements relating to places to rest and sleeping environments to a separate requirement section.
340:110-3-91.1 is amended to clarify requirements relating to places to rest and sleeping environments.
340:110-3-92 is amended to increase positive guidance practices and to clarify prohibitive behavior and guidance practices.
340:110-3-93 is amended to clarify appropriate daily routines and bottle-feeding practices for infants, toddlers, and two year olds.
340:110-3-94 is amended to include required second servings of food and to clarify food and nutrition practices.
340:110-3-97 is amended to prohibit security bars on homes unless equipped with proper release mechanisms, and use of second story for naptime of children. Revisions also include increase of the number of fire and tornado drills, smoke detector testing and requirement of an operable carbon monoxide detector. Clarification of exits and railings for steps was also provided.
340:110-3-97.1 is amended to require inspections by state or local fire official for large family child care homes licensed in mobile homes. Revisions also include increased qualifications of primary caregiver and substitute caregiver.
340:110-3-223 and 340:110-3-224 is amended to increase accessibility of licensing information for parents and public.
340:110-3-237 is amended to include contact of poison control when suspicion of child poisonings occur.
EMERGENCY APPROVAL:
Emergency rulemaking approval is requested as OKDHS finds an imminent peril to the preservation of the public health, safety, or welfare as it relates to the safety of children in child care facilities. Revisions will provide: (1) additional safety precautions to better protect children; (2) allow for increased accessibility of licensing information for parents and the public; (3) additional fire safety requirements regarding operable carbon monoxide detectors, monthly testing of smoke and carbon monoxide alarms, limitations on window security bars, and limitations on the use of any floor above ground level for young children; (4) additional caregiver requirements regarding cardiopulmonary resuscitation (CPR) and first aid certification being required before being left alone with children; (5) the development of emergency procedures in the event of natural or man-made disasters will better prepare caregivers for dealing with emergencies; and (6) clarification for the issuance of emergency orders. All the revisions will increase the safety of children in child care facilities.
AGENCY GOALS: The proposed rules achieve OKDHS goals by supporting and strengthening the family and protecting its members.
COST: The probable cost to OKDHS includes the cost of printing and distributing the rules in the form of requirement books, which is estimated to be approximately $19,000. Training of these revisions to Division of Child Care licensing staff will be provided by existing division staff. The revised rules will result in enhanced child care services to children and parents utilizing these child care services as well as enhanced services to the licensed family child care home or large family child care home, child care center, school-age, and part-day programs.
PROPOSED EFFECTIVE DATE: Oct. 1, 2007. This will allow for the revision, reprinting, and mailing of 5600 requirement books, to include family child care homes and large family child care homes, child care centers, school-age and part-day programs, revision of the monitoring report and the training of division licensing staff.
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.
OKDHS Chief Information Officer Connie Schlittler delivered a report on the OKDHS Data Services Mobility Project. Schlittler introduced Kathryn Henson, Janice Powell, Dixie Clayborn and Susan Cook.
OKDHS Chief Operating Officer for Human Services Centers delivered a brief report to the Commission before introducing Terri Leeper with the Area I Resource Unit.
The next meeting of the Oklahoma Commission for Human Services will be Sept. 25, 2007.