OKDHS - September 2007 Commission for Human Services Meeting Notes

Library: Meeting Notes

Oklahoma Commission for Human Services
Sept. 25, 2007
Reginald D. Barnes Boardroom, Sequoyah Memorial Office Building
State Capitol Complex

Present were Chairman Richard DeVaughn, Ronald Mercer, Michael Peck, Patrice Douglas, Jay Dee Chase, Aneta Wilkinson, and George Young.

Chairman DeVaughn called the meeting to order.

Oklahoma Department of Human Services Director Howard H. Hendrick began his formal comments to the Commission by listing some recent site visits that included child welfare case reviews, Child Welfare Supervisor’s Annual Conference, Seminole Tribal meeting, Legislative Interim Study hearing on Child Care Issues, Council on Aging, Workforce Investment Act Board Meeting, Family Expectations Training Presentation, Legislative Presentation on Aging Services Opportunities, American Indian Healthy Symposium with HHS Secretary Michael Leavitt, 55C Back to School Kickoff at Douglas High School, Multiple Division’s FY 2009 Budget Request Review, Tulsa Metropolitan Human Services Council presentation, Community School Model at Marshall Elementary in Tulsa, HHS Southwest Regional Meeting of Child Support Enforcement Services in Oklahoma City, House Interim Study on Child Care Services, Children and Family Services Review, OCCY Annual Commission retreat, Data Services Division Open House, Annual Human Resources Division conference, Oklahoma County CW Continuous Quality Improvement initiative, Collaboration with Oklahoma Psychological Association, Long-Term Care Authority of Tulsa review of services performed and terms of a new contract, Smart Start Oklahoma Board’s Annual Retreat, DDSD Quarterly Parent’s waiting list meeting, Review of Strengthening Families program to be offered by Smart Start Oklahoma by national representatives, Cross & Crown Community Ministry Center visit, Certified Public Manager’s quarterly project proposal list review, Certified Public Manager’s Graduation Ceremony in the Oklahoma Senate Chambers, Foster Parent Association meeting, Fall meeting of the American Public Human Services Association, Federal Legislative meetings, Commission Budget Committee meeting, State Charitable Budget Committee meeting, State Charitable Campaign Kickoff, Area V Joint APS/CW Judicial Conference, Judicial Oversight Planning meeting, Area III Child Welfare Multi-Disciplinary Luncheon, OK State Workers Association meeting, Star Bikers Rally and Food Distribution with Feed the Children, Oklahoma Association of Child Advocacy Centers planning meeting, Oklahoma Children’s Services Research and prevention planning meeting, the IT Governance Board funding session to review projects, the Governor’s proclamation signing declaring Oct. 27, 2008 as “Make a Difference Day in Oklahoma,” Oklahoma Public Employees Association meeting, Legislative Presentation concerning the cost of OKDHS employee’s health insurance, Laura Dester Center presentation to prospective supplemental funding sources for the pending construction in Tulsa, Fitting Back In Family Life Ministries in Tulsa and the Multi-agency planning meeting for funding for Human Services.

Next, Director Hendrick shared some good news. OKDHS Chief Operating Officer Marq Youngblood was the only Oklahoman selected as a 2007 Toll Fellow by the Council of State Governments. Several OKDHS employees graduated from the CPM program.

Director Hendrick next gave a brief analysis of the Food Stamp program before outlining the fiscal year 2009 budget request. Director Hendrick concluded his formal comments to the Commission by addressing some major issues facing the agency: completing the recommendation for the next phase of property bonding recommendations and finish the financing proposals for the Pontotoc County office, the Laura Dester Shelter in Tulsa, Tulsa office space, the Creek County office and SORC projects. Finish a proposed resolution for the agreements and services delivered by the LTCA of Tulsa for future services.

The Director next delivered his annual review of programs.

Commissioner Young presented the fiscal year 2009 budget request which was accepted by the Commission.

OKDHS Chief Financial Officer Phil Motley presented the financial reports for July and August. Both reports reflect the balanced FY 08 budget approved by the Commission in June. No significant changes have been implemented to that initial budget during the reporting months. Revenues and receivables through August total $283.3 million and are 3.6 percent less than expectations. Total agency expenditures and payables through the same period were $273.5 million and were 6.3 percent less than budget. The financial position related to cash from previous years combined with current year under runs is $9.8 million.

The Aging Services Division is 4.1 percent over budget after two months of operation due to the expenditures in the ADvantage Program. Two major programs are over budget through August. Group Homes and Shelters in Children and Family Services Division is reported at 7.5 percent over budget. Staff overtime and double fills are creating this variance. The ADvantage Program in Aging Services is 14.5 percent over budget after the first two months of fiscal year.

The number of Food Benefit Cases rose by 467 in July and by another 1,830 in August. TANF Child Only Cases declined by 42 in July but increased by 2 in August. TANF Cases with Adults fell by 27 in July but rose by 75 in August.

The Commission approved seven administrative rules:
Part I. Emergency rules subject to the Administrative Procedures Act.

A. CHAPTER 5. ADULT PROTECTIVE SERVICES
Subchapter 1. General Provisions
OAC 340:5-1-6 [AMENDED]
Subchapter 3. Reports of Maltreatment of Vulnerable Adults
OAC 340:5-3-1 [AMENDED]
Subchapter 5. Investigation of Adult Protective Services Referrals
OAC 340:5-5-6 [AMENDED]
(Reference APA WF 07-19)

SUMMARY: The proposed revisions to Subchapters 1, 3, and 5 of Chapter 5 amend the rules to bring them into compliance with Sections 10-103, 10-104, and 10-108 of Title 43A of the Oklahoma Statutes (43A O.S. §§ 10-103, 10-104, and 10-108) effective November 1, 2007 as provided in Senate Bill 398 to: (1) define financial neglect; (2) expand the list of persons who are required to report maltreatment of vulnerable adults; (3) promulgate rules for the sale of real and personal property of a vulnerable adult in the temporary guardianship of the Oklahoma Department of Human Services (OKDHS) and the enforcement of involuntary court orders; (4) add clarifying information; and (5) update form numbers.

340:5-1-6 is amended to define financial neglect.

340:5-3-1 is amended to expand the list of persons who are required to report maltreatment of vulnerable adults and to update form numbers.

340:5-5-6 is amended to promulgate rules for the: (1) sale of real and personal property of a vulnerable adult in the temporary guardianship of OKDHS; (2) the enforcement of involuntary court orders; (3) add clarifying information; and (4) update form numbers.

EMERGENCY APPROVAL: Emergency rulemaking approval is requested as OKDHS finds compelling public interest to amend rules to comply with changes made in 43A O.S. §§ 10-103, 10-104, and 10-108 effective November 1, 2007.

AGENCY GOALS: The proposed rules achieve OKDHS goals of protecting vulnerable adults from abuse, neglect, and exploitation.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20. The revised rules will result in enhanced delivery of services for vulnerable adults and in compliance with new legislation.

PROPOSED EFFECTIVE DATE: November 1, 2007

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and 43A O.S. §§ 10-103, 10-104, and 10-108.

B. CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 15. Temporary Assistance for Needy Families (TANF) Citizenship and Alien Status
OAC 340:10-15-1 [AMENDED]
(Reference APA WF 07-17)

SUMMARY: The proposed revisions to Subchapter 15 of Chapter 10 amend rules to bring rules into compliance with Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes (56 O.S. § 71 and 74 O.S. § 20j) effective November 1, 2007 as provided in House Bill 1804; that mandates the Oklahoma Department of Human Services (OKDHS) establish rules regarding the verification of the lawful presence in the United States (U.S.) for persons 14 years of age or older who are applying for state or federal public benefits.

340:10-15-1 is revised to establish rules regarding the verification of the lawful presence in the U.S. for persons 14 years of age or older who are applying for state or federal public benefits.

EMERGENCY APPROVAL: Emergency rulemaking approval is requested as OKDHS finds compelling public interest to amend rules to add requirements regarding verification of the lawful presence in the U.S. for persons 14 years of age or older who are applying for state or federal public benefits. If the proposed rule revisions are not implemented, OKDHS will not be in compliance with 56 O.S. § 71 and 74 O.S. § 20j effective November 1, 2007.

AGENCY GOALS: The proposed rules support the 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, which is estimated to be less than $20. The revised rules will result in enhanced delivery of services for applicants and recipients and compliance with new legislation.

PROPOSED EFFECTIVE DATE: November 1, 2007

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; 56 O.S. § 71; and 74 O.S. § 20j.

C. CHAPTER 20. LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP)
OAC 340:20-1-8 [AMENDED]
(Reference APA WF 07-20)

SUMMARY: The purpose of the proposed rules is to bring Chapter 20 rules into compliance with Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes (56 O.S. § 71 and 74 O.S. § 20j) effective November 1, 2007 as provided in House Bill 1804; that mandates the Oklahoma Department of Human Services (OKDHS) establish rules regarding the verification of the lawful presence in the United States (U.S.) for persons 14 years of age or older who are applying for state or federal public benefits and to update policy regarding who is an eligible alien.

340:20-1-8 is amended to establish rules regarding the verification of the lawful presence in the U.S. for persons 14 years of age or older who are applying for state or federal public benefits and how to determine when an alien is eligible for benefits.

AGENCY GOALS: The proposed rules support the OKDHS goal of continuously improving systems and processes to achieve OKDHS efficiency.

COST: The cost of printing and distributing the rules is anticipated to be less than $20, which is included in the OKDHS budget. The revised rules will result in compliance with new legislation.

PROPOSED EFFECTIVE DATE: November 1, 2007

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; 56 O.S. § 71; and 74 O.S. § 20j.

D. CHAPTER 25. CHILD SUPPORT ENFORCEMENT DIVISION
Chapter 25. Child Support Enforcement Division
Subchapter 5. Operational Policies
Part 27. State Tax Refund Offset Program
340:25-5-244 [AMENDED]
(Reference APA WF 07-15)

SUMMARY: The proposed revisions bring the Oklahoma Department of Human Services (OKDHS) into compliance with Senate Bill 814 that amended Title 68 § 205.2 of the Oklahoma Statutes providing non custodial parents 30 days, from the date the notice of offset was mailed, to request a hearing when tax refunds have been taken for the payment of past due child support.

EMERGENCY APPROVAL: Emergency approval is requested to bring the Oklahoma Administrative Code into compliance with state law. Senate Bill 814, approved by the Governor and effective July 1, 2007, changes the number of days a non custodial parent can request a hearing if their state tax was taken for the purpose of paying past due child support. This legislation also clarifies the 30 day time frame begins from the mailing date of the notice to the debtor that the state tax offset has occurred.

AGENCY GOALS: The proposed amendments support OKDHS goals of assisting customers in becoming independent, employed, productive citizens; providing services that support and strengthen the family and protect its members; providing services in community-based settings; and continuously improving systems and processes to achieve agency goals. They support CSED's strategic plan to promote high quality customer service, and to improve performance measures necessary to maintain and improve the child support program.

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 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 staff.

PROPOSED EFFECTIVE DATE: Upon Governor's approval.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Section 303.102 of Title 45 of the Code of Federal Regulations; Section 205.2 of Title 68 of the Oklahoma Statutes; and Sections 11-6 through 11-11 of Chapter 50 of Title 710 of the Oklahoma Administrative Code.

E. Chapter 50. FOOD STAMP PROGRAM
Subchapter 5 Non-Financial Eligibility Criteria
OAC 340:50-5-67 [AMENDED]
(Reference APA WF 07-21)

SUMMARY: The purpose of the proposed rules is to bring Subchapter 5 of Chapter 50 rules into compliance with Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes (56 O.S. § 71 and 74 O.S. § 20j) effective November 1, 2007 as provided in House Bill 1804; that mandates the Oklahoma Department of Human Services (OKDHS) establish rules regarding the verification of the lawful presence in the United States (U.S.) for persons 14 years of age or older who are applying for state or federal public benefits.

340:50-5-67 is amended to establish rules regarding the verification of the lawful presence in the U.S. for persons 14 years of age or older who are applying for state or federal public benefits.

AGENCY GOALS: The proposed rules support the OKDHS goal of continuously improving systems and processes to achieve OKDHS efficiency.

COST: The cost of printing and distributing the rules is anticipated to be less than $20, which is included in the OKDHS budget. The revised rules will result in compliance with new legislation.

PROPOSED EFFECTIVE DATE: November 1, 2007

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; 56 O.S. § 71; and 74 O.S. § 20j.

F. Chapter 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 3 Eligibility for Benefits
OAC 340:65-3-1 [AMENDED]
OAC:340:65-3-8 [AMENDED]
(Reference APA WF 07-18)

SUMMARY: The proposed revisions to Subchapter 3 of Chapter 65 amend rules to: (1) bring rules into compliance with Section 71 of Title 56 and Section 20j of Title 74 of the Oklahoma Statutes (56 O.S. § 71 and 74 O.S. § 20j) effective November 1, 2007 as provided in House Bill 1804; that mandates the Oklahoma Department of Human Services (OKDHS) establish rules regarding the verification of the lawful presence in the United States (U.S.) for persons 14 years of age or older who are applying for state or federal public benefits; (2) amend application/review form names and numbers to reflect changes made to the application/review forms to address citizenship and to make the forms easier for clients to complete; (3) add a new citizenship affidavit form; (4) add comprehensive information by program regarding when: an interview is required for an application or a review/recertification and a signature is required on a review/recertification form; (5) add clarifying information regarding time frames for when a review/recertification must be completed by program; and (6) update form numbers.

340:65:3-1 is amended to: (1) establish rules regarding the verification of the lawful presence in the U.S. for persons 14 years of age or older who are applying for state or federal public benefits; (2) revise form names and numbers to reflect changes made to the application forms to address citizenship requirements and to make the forms easier for clients to complete; (3) add comprehensive information by program regarding when an interview is required for an application; and (4) update form numbers.

340:65-3-8 is amended to: (1) change review form names and numbers for consistency with changes made in 340:65-3-1 as forms are revised to address citizenship requirements and to make the forms easier for clients to complete; (2) add comprehensive information by program regarding when an interview is required for a review/recertification and a signature is required on a review/recertification form; and (3) add clarifying information regarding time frames for when a review/recertification must be completed by program.

AGENCY GOALS: The proposed rules support the 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, which is estimated to be less than $20. The revised rules will result in enhanced delivery of services for applicants and recipients and compliance with new legislation.

PROPOSED EFFECTIVE DATE: November 1, 2007

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; 56 O.S. § 71; and 74 O.S. § 20j.

G. CHAPTER 75. CHILD WELFARE
Subchapter 1. General Provisions
Part 1. Scope and Applicability
OAC 340:75-1-16 through 340:75-1-18.1 [AMENDED]
OAC 340:75-1-20 [AMENDED]
Part 11. Permanency Planning and Placement Services
OAC 340:75-6-85 [AMENDED]
Subchapter 7. Foster Home Care
Part 2. Development of Resources
OAC 340:75-7-15 [AMENDED]
Subchapter 15. Adoptions
Part 10. Adoptive Family Assessment and Preparation Process
OAC 340:75-15-84 [AMENDED]
OAC 340:75-15-87 through 340:75-15-88 [AMENDED]
(Reference APA WF 07-22)

SUMMARY: The proposed revisions to Subchapter 1, 6, 7, and 15 of Chapter 75 amend the rules to bring the Oklahoma Department of Human Services (OKDHS) adoptive and foster home approval process and court hearing procedures into compliance with: (1) Senate Bill 553 (SB 553); (2) House Bill 1927 (HB 1927) in repealing the OKDHS authority to enter an objection to the release of a child from state custody; and (3) Senate Bill 469 (SB 469) to comply with legislative intent that every effort be made to place children with a member of the child's family.

340:75-1-16 is amended to: (1) state that every effort should be made to place a child with a member of the child's family in a safe and appropriate placement; (2) require OKDHS to provide to any custodian or other person caring for the child information regarding OKDHS programs available to the child; (3) require written notice of any further proceedings to any foster or preadoptive parents or relatives providing care for the child; (4) clarify that the district attorney and attorney for the child may make an objection to the release of a child from the state's custody and clarify the Child Welfare worker's ability to recommend an objection; (5) clarify time frame for filing of written application to review a court order; (6) repeal OKDHS authority to enter an objection to release of child from state custody; (7) clarify that a right to be heard at all proceedings is provided by the court to the current foster parent of the child, the child's guardian ad litem, and to any preadoptive parent or relative providing care for the child; and (8) update sentence structure.

340:75-1-17 is amended to: (1) clarify that prior written notice of the adjudicatory hearing is to be provided to the current foster parent of the child, any preadoptive parent or relative providing care for the child; (2) clarify that a right to be heard is provided by the court to the current foster parent of the child, any preadoptive parent or relative providing care for the child but such right does not require any foster parent, preadoptive parent, or relative be made a party to such action; and (3) add a subsection tagline.

340:75-1-18 is amended to: (1) require that identification of appropriate in-state and out-of-state placements be made; (2) clarify that every effort is made to place a child with a member of the child's family in a safe and appropriate home; (3) clarify that prior written notice of the dispositional hearing is to be provided to the current foster parent of the child, any preadoptive parent or relative providing care for the child; and (4) clarify that such caregivers are provided by the court a right to be heard in any proceeding but such right does not require the caregivers to be made a party to the action.

340:75-1-18.1 is amended to: (1) clarify that information regarding the child's independent living plan and in-state and out-of-state placement options considered for the child should be included in permanency hearing court reports; (2) delete inadvertent requirement for OKDHS to provide notice of hearing to the child's guardian ad litem; and (3) clarify that the court provide the current foster parents of the child, any preadoptive parent, or relative providing care for the child a right to be heard at permanency hearings;

340:75-1-20 is amended to clarify at review hearings: (1) the court report should address consideration of in-state or out-of-state placement options; (2) the court inquires, or causes inquiry to be made of the child, regarding any proposed independent living plan; and (3) the court provides a right to be heard to the current foster parents of the child, any preadoptive parent, or relative providing care for the child.

340:75-6-85 is amended to require that every effort is made to place a child with a member of the child's family in a safe and appropriate home.

340:75-7-15 was recently revised but requires further revision to mirror proposed adoption policy regarding child abuse and neglect registry checks. This amendment will: (1) clarify that out-of-state child abuse and neglect registry checks are done for any foster parent applicant or adult household member who has not lived continuously in Oklahoma for the past five years; (2) clarify that the prospective resource parent is not approved without the results of the state-maintained child abuse and neglect registry checks if a registry is maintain in the applicable state; and (3) direct that any available information be obtained from the applicable state if no child abuse and neglect registry exists.

340:75-15-84 is amended to: (1) require fingerprinting and a Federal Bureau of Investigation (FBI) check of each adoptive applicant and adult household member regardless of length of residence in Oklahoma; and (2) require a search of all applicable out-of-state child abuse and neglect registries when an adoptive applicant or adult household member has not resided continuously in Oklahoma for the past five years.

340:75-15-87 is amended to: (1) clarify that Oklahoma Statutes mandate a Child Abuse and Neglect Information System check for all public agency and private adoptive parent applicants and all other household members 18 years and older; (2) require a search of out-of-state child abuse and neglect registries when an applicant or adult household member has not maintain continuous residency in Oklahoma for the past five years; (3) direct that any available information be obtained from the applicable state if no child abuse and neglect registry exists; and (4) authorize an exception to fingerprinting in limited, case-specific circumstances and authorize an alternate procedure for obtaining a national criminal records check for any applicant or adult residing in the home who has a severe condition that precludes such person from being fingerprinted.

340:75-15-88 is amended to delete language that allows the court to conditionally approve the home of an adoptive applicant or adult household member with certain criminal convictions.

EMERGENCY APPROVAL: Emergency rulemaking approval is requested as OKDHS finds compelling public interest to bring rules into compliance with SB 553, SB 469, and HB 1927. If proposed revisions are not implemented, children could be placed at risk.

AGENCY GOALS: The proposed rules achieve OKDHS goals by improving systems and processes to achieve agency goals of strengthening families and protecting children.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20. The revised rules will result in improved systems and processes to achieve agency goals of strengthening families and protecting children.

PROPOSED EFFECTIVE DATE: Nov. 1, 2007

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; SB 553; SB 469; HB 1927; and Title 10 of the Oklahoma Statutes.

OKDHS Child Support Enforcement Director Gary Dart delivered a report on the Oklahoma County Court Liaison program with Kenneth Hartin.

OKDHS Human Services Centers Chief Operating Officer Marq Youngblood introduced Creek County Director Toy O’Brien and Child Welfare Specialists Mark Carson and Kelli Heath who discussed the Family Finding program.

The date of the next meeting of the Oklahoma Commission for Human Services is Oct. 23, 2007.