Oklahoma Department of Human Services (OKDHS.org) - September 2007 Commission for Human Services Agenda

Oklahoma Department of Human Services
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September Commission for Human Services Agenda

AGENDA
OKLAHOMA COMMISSION FOR HUMAN SERVICES

Sept. 25, 2007
9:30 a.m. - Logan County Human Services Center - 1414 South Division
Guthrie, Okla.

CALL TO ORDER – Chairman Richard DeVaughn
APPROVAL OF MINUTES – July 24, 2007
DIRECTOR’S COMMENTS – Howard Hendrick
BUDGET COMMITTEE REPORT – Commissioner George Young
1. CONSIDERATION OF FISCAL YEAR 2009 BUDGET REQUEST
CONSIDERATION OF FINANCIAL REPORTS FOR JULY AND AUGUST – Phil Motley
CONSIDERATION OF PROPOSED ADMINISTRATIVE RULES (See Attached) – Commissioner Aneta Wilkinson
REPORT FROM CHILD SUPPORT ENFORCEMENT DIVISION – Gary Dart and Kenneth Hartin (OK County Court Liaison Program)
REPORT ON HUMAN SERVICES CENTERS – Marq Youngblood (Area VI, Creek County CFSD: Toy O’Brien, Mark Carson and Kelli Heath
DATE OF NEXT MEETING – Oct. 23, 2007
2008 MEETING DATES:
Jan. 22
Feb. 26
March 25
April 22
May 20
June 17
July 22
Sept. 23
Oct. 28
Dec. 2
CONSIDERATION OF PROPOSED EXECUTIVE SESSION AS RECOMMENDED BY GENERAL COUNSEL AND AUTHORIZED BY OPEN MEETING ACT, 25 O.S. 1991, SECTION 307, (1), (4) AND (7) – Charles Waters
1. STATUS REPORT ON PENDING LEGAL CLAIMS OR ACTIONS INCLUDING FEDERAL CIVIL RIGHTS, DISALLOWANCE AND PROVIDER CASES
2. STATUS REPORT ON INVESTIGATIONS RELATED TO CLIENT MISTREATMENT AND EMPLOYEE MISCONDUCT
3. REVIEW OF PROPOSED SETTLEMENT OF HOLLENBECK CASE
RETURN TO REGULAR SESSION
CONSIDERATION OF PROPOSED SETTLEMENT OF HOLLENBECK CASE – Charles Waters
NEW BUSINESS
ADJOURN

ITEM #6. Proposed Administrative Rules – Compiled
Sept. 11, 2007
PROPOSED RULEMAKING ACTION
Sept. 25, 2007

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 Nov. 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: Nov. 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 Nov. 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.

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.

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 Nov. 1, 2007.

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: Nov. 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.

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.

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.