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February Commission for Human Services

AGENDA
OKLAHOMA COMMISSION FOR HUMAN SERVICES

Feb. 26, 2008

9:30 a.m. - Room C-48 - Sequoyah State Office Building
Oklahoma City

CALL TO ORDER – Chairman Richard DeVaughn
APPROVAL OF MINUTES – Jan. 22, 2008
DIRECTOR’S COMMENTS – Howard Hendrick
CONSIDERATION OF FINANCIAL REPORT FOR JANUARY – Phil Motley
CONSIDERATION OF PROPOSED ADMINISTRATIVE RULES – Commissioner Aneta Wilkinson
REPORT FROM AGING SERVICES – Lance Robertson (ADvantage Waiver Program)
REPORT ON HUMAN SERVICES CENTERS – Marq Youngblood (Area III – Systems of Care Pilot – Jeri Poplin, Rebecca Price, Beth Pratt, Natasha Anderson)
LEGISLATIVE REPORT – Sharon Neuwald
DATE OF NEXT MEETING – March 25, 2008
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
RETURN TO REGULAR SESSION
NEW BUSINESS
ADJOURNMENT

ITEM #5. PROPOSED RULEMAKING ACTION
Feb. 26, 2008

Part I. Permanent rule proposals which 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 2. ADMINISTRATIVE COMPONENTS
Subchapter 1. Human Resources Management Division (HRMD)
Part 1. General Provisions
OAC 340:2-1-5 [AMENDED]
OAC 340:2-1-8 [AMENDED]
Part 3. Internal Human Resources
OAC 340:2-1-25 through 340:2-1-29 [AMENDED]
Part 7. Recruitment, Selection, and Placement
OAC 340:2-1-76 through 340:2-1-79 [AMENDED]
OAC 340:2-1-81 through 340:2-1-82 [AMENDED]
OAC 340:2-1-84 through 340:2-1-86 [AMENDED]
(Reference APA WF 07-38)

SUMMARY: The purpose of the proposed revisions to Subchapter 1 of Chapter 2 amend rules to: (1) denote Oklahoma Department of Human Services (OKDHS) responsibility regarding response to unemployment benefit claims; (2) remove language that is internal OKDHS procedure; (3) correct a scrivener error; (4) indicate procedural changes due to Office of Personnel Management (OPM) requirements; (5) correct an authority citation; (6) clarify processes for applying for OKDHS employment; (7) reflect changes in OKDHS form numbers created by the OKDHS forms system; (8) denote documentation a new employee is required to provide; (9) clarify probationary requirements for specific types of newly hired employees; (10) clarify processes regarding employee selection criteria; (11) remove unnecessary language; and (12) improve wording.

340:2-1-5 is amended to: (1) reflect changes to procedure regarding response to unemployment benefit claims; and (2) remove language that is internal procedure and is addressed in OKDHS regulations.
340:2-1-8 is amended to correct a scrivener error.
340:2-1-25 and 340:2-1-26 are amended to reflect: (1) procedural changes due to OPM requirements; and (2) current form numbers.
340:2-1-27 is amended to: (1) clarify procedures regarding documentation a new employee is required to provide; and (2) change form numbers.
340:2-1-28 is amended to: (1) correct the authority citation; and (2) clarify language.
340:2-1-29 is amended to clarify probationary requirements for specific types of new employees.
340:2-1-76 is amended to reflect current form numbers.
340:2-1-77 is amended to remove a process due to changes in OPM requirements.
340:2-1-78 is amended to: (1) clarify processes for applying for OKDHS employment; and (2) reflect current form numbers.
340:2-1-79 is amended due to changes in OPM requirements.
340:2-1-81 and 340:2-1-84 are amended to: (1) clarify processes due to changes in OPM requirements; and (2) reflect current form numbers.
340:2-1-82 is amended to: (1) clarify processes regarding employee selection criteria; and (2) reflect current form numbers.
340:2-1-85 and 340:2-1-86 are amended to reflect current form numbers.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules achieve OKDHS goals by reflecting continuous improvement of systems and processes to achieve efficiency.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; and Section 1-1950.1 of Title 63 of the Oklahoma Statutes.

B. CHAPTER 20. LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
Subchapter 1. Low Income Home Energy Assistance Program
OAC 340:20-1-3 through 340:20-1-4 [AMENDED]
OAC 340:20-1-7 [AMENDED]
OAC 340:20-1-11 [AMENDED]
OAC 340:20-1-13 [AMENDED]
OAC 340:20-1-15 [AMENDED]
OAC 340:20-1-17 [AMENDED]
(Reference APA WF 07-39)

SUMMARY: The proposed revisions to Subchapter 1 of Chapter 20 amend the rules to: (1) correct when Low Income Home Energy Assistance Payments (LIHEAP) are made; (2) clarify how income eligibility is determined; (3) remove resource standards in rules as they are shown on an Oklahoma Department of Human Services (OKDHS) appendix; (4) remove reference to an obsolete form; (5) add clarifying language; (6) use current terminology; and (7) show current form names and numbers.

340:20-1-3 is amended to: (1) correct when payment is made; and (2) provide clarifying language.
340:20-1-4 is amended to update language to current terminology.
340:20-1-7 is amended to add clarifying and updated language to current terminology.
340:20-1-11 is amended to: (1) add clarifying language regarding how income eligibility is determined; (2) update language to current terminology; (3) show current form names and numbers; and (4) remove resource standards from rules as they are shown on an OKDHS appendix.
340:20-1-13 is amended to: (1) add clarifying language; (2) update language to current terminology; and (3) remove reference to an obsolete form.
340:20-1-15 is amended to: (1) add clarifying language; and (2) update language to current terminology.
340:20-1-17 is amended to: (1) remove reference to expedited services since LIHEAP payments are now made weekly; (2) add clarifying language; (3) show current form names and numbers; and (4) update language to current terminology.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules achieve OKDHS goals by continuously improving systems and processes to achieve efficiency.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Sections 96.80 through 96.89 of Title 45 of the Code of Federal Regulations; and Public Law 97-35, as amended.

C. CHAPTER 25. CHILD SUPPORT ENFORCEMENT DIVISION
Subchapter 1. Scope And Applicability
OAC 340:25-1-1.1 through 340:25-1-2.1 [AMENDED]
Subchapter 5. Operational Policies
Part 11. CSED System Security
OAC 340:25-5-75 [AMENDED]
Part 15. Case Initiation, Case Management, and Case Closure
OAC 340:25-5-110.1 [AMENDED]
OAC 340:25-5-114 [AMENDED]
OAC 340:25-5-117 [AMENDED]
OAC 340:25-5-123 through 340:25-5-124 [AMENDED]
OAC 340:25-5-124.2 through 340:25-5-124.3 [AMENDED]
Part 17. Past Support
OAC 340:25-5-140 [AMENDED]
Part 20. Medical Support
OAC 340:25-5-168 [AMENDED]
OAC 340:25-5-171 [AMENDED]
Part 21. Establishment
OAC 340:25-5-176 [AMENDED]
OAC 340:25-5-178 [AMENDED]
OAC 340:24-5-179.1 [AMENDED]
Part 22. Review and Modification
OAC 340:25-5-198.2 [AMENDED]
Part 23. Enforcement
OAC 340:25-5-200 [AMENDED]
OAC 340:25-5-212 [AMENDED]
Part 25. Federal Offset Programs
OAC 340:25-5-215 [AMENDED]
Part 27. State Tax Refund Offset Program
OAC 340:25-5-235 [AMENDED]
Part 33. Interstate and International Cases
OAC 340:25-5-270 [AMENDED]
Part 39. Accounting and Distribution
OAC 340:25-5-350.3 through 340:25-5-351 [AMENDED]
(Reference APA WF 07-35)

SUMMARY: The purposes of proposed permanent amendments: (1) codify provisions of state and federal legislation into Chapter 25 of Title 340 of the Oklahoma Administrative Code:
– federal Deficit Reduction Act requiring medical support to be provided by either or both parents, and giving states the option to enforce against a custodial person.
– Oklahoma Senate Bill 814 revising the tax offset process used with income tax refunds from which past-due child support is taken by changing the time for requesting a hearing from 60 days to 30 days; (2) implement rule changes recommended during Child Support Enforcement Division's (CSED's) annual policy review process; and (3) make non-substantive housekeeping changes to improve the clarity of the rules.

340:25-1-1.1 is amended to remove definitions for tribal office and tribal office case and adds a definition for state’s attorney.
340:25-1-1.2 is amended to specify that judgments for medical support include birthing costs.
340:25-1-2.1 is amended to add teletypewriter numbers for the hearing impaired, and telephone numbers for the Cherokee and Osage Nation Child Support Offices.
340:25-5-114 is amended to specify that noncooperation also means authorizing child supports be made through, or failing to forward to CSED child support payments received from, other entities other than the Centralized Support Registry.
340:25-5-123 is amended to add that a case may be closed due to a noncustodial parent’s disability and lack of income.
340:25-5-124 is amended to clarify CSED office assignment and case transfer when the case is a Family and Domestic district court case.
340:25-5-124.2 is amended to clarify CSED office assignment and case transfer when the applicant is eligible for tribal child support services.
340:25-5-124.3 is amended to clarify CSED office assignment and case transfer when there is no Family and Domestic district court case and parental rights have been terminated.
340:25-5-140 is amended to specify that CSED does not calculate a past-due support balance or take action to enforce past-due support until 30 days from the date notice was mailed.
340:25-5-168 is amended to specify: (1) that both parents are required to secure health insurance for minor child(ren); and (2) standards for health coverage and exceptions to those standards.
340:25-5-171 is amended to specify that CSED modifies a child support order when review indicates modification would result in an enforceable medical support order.
340:25-5-176 is amended to clarify that when the noncustodial parent contacts CSED within 30 days of a default paternity order, CSED requests the court vacate the default paternity order and pursues genetic testing.
340:25-5-178 is amended to: (1) describe what CSED considers as best evidence available when determining a parent’s child support obligation; and (2) specify when the noncustodial parent contacts CSED within 30 days of a default child support order and provides information to calculate an accurate child support obligation, CSED requests the court enter a new order.
340:24-5-179.1 is amended to specify that CSED reserves the issue of support for a prior period until the noncustodial parent is no longer receiving Temporary Assistance for Needy Families (TANF) or Supplemental Security Income.
340:25-5-198.2 is amended to specify CSED modifies a child support order when there is evidence enforcement of a medical support order against a custodial person is inappropriate.
340:25-5-212 is amended to: (1) clarify that when CSED discovers assets not previously reported, levies against a noncustodial parent’s assets may manually or automatically issue unless the noncustodial parent is in full and timely compliance with a court-ordered payment plan; (2) specify what CSED considers as full and timely compliance with a court-ordered payment plan; and (3) provide for release of funds from levy.
340:25-5-215 is amended to specify that federal income tax refund intercepts must be distributed as past-due support to the custodial person.
340:25-5-235 is amended to specify interest is considered as past child support.
340:25-5-350.3 is amended to specify that a payor must submit payment by cashier’s check or money order when CSED refuses to accept a personal check or direct debit and add policy on the debit card program.
340:25-5-351 is amended to specify that CSED does not apply interest collections from federal income tax refund offsets to state debt unless CSED has been unable to locate the custodial person.
340:25-1-2, 340:25-5-75, 340:25-5-110.1, 340:25-5-117, 340:25-5-200, and 340:25 5 270 are amended to make a variety of housekeeping changes, including reformatting, updating legal citations, clarifying language consistent with current usage, and correcting punctuation and syntax.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

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

COST: The 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, 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.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Article XXV, Sections 453, 454, 454A, and 454B of the Social Security Act, codified in Sections 653, 654, 654a and 654b of Title 42 of the United States Code (U.S.C.); Section 1738B of Title 28 U.S.C.; United States House Resolution 3130, Public Law 105 200; Sections 302.31, 302.32, 302.38, 303.6, 307.11, 307.13, and Part 310 of Title 45 of the Code of Federal Regulations (CFR); Section 303.32 of Title 45 CFR (National Medical Support Notice Parts A and B); Sections 652 and 666 of Title 42 of the U.S.C. (federal Deficit Reduction Act of 2005); Section 1171.2 of Title 12 of the Oklahoma Statutes (federal Deficit Reduction Act of 2005); Sections 112, 139, and 139.1 of Title 43; Sections 237 and 240.20 of Title 56 of the Oklahoma Statutes; and Section 205.2 of Title 68 of the Oklahoma Statutes (Oklahoma Senate Bill 814).

D. CHAPTER 50 FOOD STAMP PROGRAM
Subchapter 15. Overpayments and Fraud
Part 1. Overpayments
OAC 340:50-15-1 through 340:50-15-7 [AMENDED]
OAC 340:50-15-9 [AMENDED]
Part 3. Fraud
OAC 340:50-15-25 [AMENDED]
OAC 340:50-15-27 [AMENDED]
(Reference APA WF 07-40)

SUMMARY: The proposed revisions to Subchapter 15 of Chapter 50 amend the rules to provide clarifying and updated information regarding overpayment procedures to: (1) include current responsibilities for who writes and establishes overpayments; (2) revise the name of the Family Support Services Division (FSSD) Section that receives overpayments; (3) remove information about overpayment claims not being required in certain instances for categorically eligible households as this language was removed from federal regulations; (4) show current form names and numbers; (5) remove language regarding the use of expunged benefits toward overpayment debts; (6) correct a state statute reference; (7) use current terminology; and (8) clarify language.

340:50-15-1 is amended to include: (1) current responsibilities for who writes and establishes overpayments; (2) revise the name of the Family Support Services Division (FSSD) Section that receives overpayments; and (3) update form numbers.
340:50-15-2 is amended to: (1) remove information about overpayment claims not being required in certain instances for categorically eligible households as this language was removed from federal regulations; and (2) update language to current terminology.340:50-15-3 is amended to: (1) update form names and numbers; and (2) include current responsibilities for who writes and establishes overpayments.
340:50-15-4 is amended to: (1) update form numbers; and (2) add clarifying information and current terminology.
340:50-15-5 is amended to: (1) update form numbers; and (2) add clarifying information.
340:50-15-6 is amended to: (1) update form names and numbers; (2) remove language regarding using expunged benefits toward overpayment debts; (3) add clarifying language regarding repayment plans set by the court judiciary system; and (4) update language to current terminology.
340:50-15-7 and 340:50-15-9 are amended to update language to current terminology.
340:50-15-25 is amended to: (1) update form names and numbers; and (2) update language to current terminology.
340:50-15-27 is amended to: (1) correct a state statute reference; and (2) update language to current terminology.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules achieve OKDHS goals by continuously improving systems and processes to achieve efficiency.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Section 273.18 of Title 7 of the Code of Federal Regulations (CFR); and Sections 171 and 243 of Title 56 of the Oklahoma Statutes.

E. Chapter 70. SOCIAL SERVICES
Subchapter 9. Health Related Services
OAC 340:70-9-3 through 340:70-9-4 [REVOKED]
(Reference APA WF 07-36)

SUMMARY: The proposed revisions to Subchapters 9 of Chapter 70 revoke rules as information is either outdated or included in another Section of this Subchapter.

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, which is estimated to be less than $20.

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.

F. CHAPTER 75. CHILD WELFARE
Subchapter 3. Child Protective Services
OAC 340:75-3-5 [AMENDED]
OAC 340:75-3-6.1 [AMENDED]
OAC 340:75-3-7.1 [AMENDED]
OAC 340:75-3-7.3 [AMENDED]
OAC 340:75-3-8 [AMENDED]
OAC 340:75-3-8.2 [AMENDED]
OAC 340:75-3-8.6 [AMENDED]
OAC 340:75-3-9.1 [AMENDED]
OAC 340:75-3-12 [AMENDED]
OAC 340:75-3-13 [AMENDED]
Subchapter 7. Foster Home Care
Part 1. General Provisions
OAC 340:75-7-2 [AMENDED]
Part 2. Development of Resources
OAC 340:75-7-12 [AMENDED]
OAC 340:75-7-18 [AMENDED]
OAC 340:75-7-24 [AMENDED]
Part 4. Roles and Responsibilities
OAC 340:75-7-37 through 340:75-7-38 [AMENDED]
Part 5. Eligibility and Payments
OAC 340:75-7-51 through 340:75-7-53 [AMENDED]
Part 6. Foster Home Care Support Services
OAC 340:75-7-65 [AMENDED]
Part 8. Continuous Quality Assessment of a Resource Home
OAC 340:75-7-94 [AMENDED]
Part 25. Emergency Foster Care Program
OAC 340:75-7-262 [AMENDED]
Subchapter 10. Emergency Shelter Care
OAC 340:75-10-9 [AMENDED]
Subchapter 13. Other Child Welfare Services and Medical Services for Children in Out-of-home Care
Part 7. Medical Services
OAC 340:75-13-79 [AMENDED]
(Reference APA WF 07-37)

SUMMARY: The proposed revisions to Subchapters 3, 7, 10 and 13 of Chapter 75 amend the rules to bring them into compliance with Senate Bill 553 and the Federal Safe and Timely Interstate Placement of Foster Children Act of 2006, as well as, updating procedures for child care center and home investigations and foster and adoptive parent approvals.

340:75-3-5 is amended to update agency division name.
340:75-3-6.1 is amended to clarify that when a baby is born to a person responsible for the child (PRFC) or to a minor child in Oklahoma Department of Human Services (OKDHS) custody, the information is documented on Form 04KI001E, Referral Information Report.
340:75-3-7.1 is amended to clarify that an accepted report is responded to according to priority guidelines.
340:75-3-7.3 is amended to: (1) update section tagline; and (2) restructure current information.
340:75-3-8 is amended to: (1) update section tagline; and (2) delete exception of determination of a report made in bad faith, to making a home visit as part of the investigation.
340:75-3-8.2 is amended to update the protocol for investigating reports of abuse in child care centers or homes by repositioning and updating language.
340:75-3-8.6 and 340:75-3-9.1 are amended to update section tagline.
340:75-3-12 is amended to: (1) update taglines; and (2) update division name and form numbers.
340:75-3-13 is amended to: (1) add a procedure for determination of other services; and (2) update time frames for completion of investigations or assessments.
340:75-7-2 is amended to provide a definition of a bridge resource family.
340:75-7-12 is amended to clarify requirements to become a foster parent include: (1) if married, be married or in a committed relationship for one year or more; (2) provide a home that is clean, safe, and in good repair; and (3) be willing to actively mentor the parent to help them improve their ability to safely care for their child.
340:75-7-18 is amended to: (1) update forms numbers; (2) include an assessment of the condition of the interior and exterior of a home when doing a house assessment; (3) ensure that other specified safety guidelines are followed when the home being assessed has a pool; (4) clarify that if the applicant's child is home-schooled, a reference that has knowledge of the applicant's home schooling experience is contacted by letter, phone, or in person; (5) include reasons for denying an assessment as the applicant has applied for a child that OKDHS reasonably believes may not be available for placement or one or more factors concerning the applicant, a family or household member, or conditions in the home as described renders the applicant or home environment inappropriate as a resource home; and (6) require a resource family assessment completed if a foster home has been closed two or more years.
340:75-7-24 is amended to clarify that kinship foster homes are entitled to receive a training stipend at enrollment and completion of the pre-service training when a child has been placed in the home.
340:75-7-37 is amended to clarify that foster parent responsibilities include helping the child maintain a connection to the child's kin, culture, and community; cooperating and assisting the Child Welfare (CW) worker in the placement of siblings together; and attending school conferences and Individualized Education Plan (IEP) meetings.
340:75-7-38 is amended to: (1) update form numbers; and (2) clarify physical restraint may only be used when the foster parent has been properly trained and practiced in the restraint technique demonstrated in Behavior Crisis Management Training (BCMT).
340:75-7-51 is amended to clarify the foster parent is sent a notice of overpayment by the county of service.
340:75-7-52 is amended to: (1) update terminology; (2) clarify that reimbursement is paid the month after the service is rendered; and (3) clarify that when a child is out of the foster home for family reunification purposes, pre-placement visits, or is absent without leave for up to seven consecutive days, the foster parent receives reimbursement if the child is expected to return to the foster home at the end of the seven days.
340:75-7-52.1 is amended to provide that upon application, the foster parent with whom the child has been placed at least nine months may be the payee to receive the child's Social Security benefits.
340:75-7-53 is amended to clarify: (1) difficulty of care (DOC) reimbursement rates as set out in OKDHS Appendix C-20, Children and Family Services Division Rates Schedule, are guidelines for increase recommendations; and (2) each DOC authorization is limited to six months.
340:75-7-65 is amended to: (1) require that reference information for alternate caregiver is documented on specific form; and (2) clarify that liability insurance questions are referred to the designated insurance company.
340:75-7-94 is amended to require the resource specialist during the re assessment to ensure the home is clean, safe, and in good repair.
340:75-7-262 is amended to remove length of stay time frame in shelter care prior to admission to emergency foster care.
340:75-10-9 is amended to: (1) update capacity and position titles; and (2) remove length of stay and diversion guidelines.
340:75-13-79 is amended to update form numbers.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules achieve OKDHS goals by providing services that support and strengthen the family and protect its members.

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 to children in need of protective services, foster care, or adoptive homes by strengthening procedures for investigations and approval of placements for children.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Title 10 of the Oklahoma Statutes; SB 553; and the Federal Safe and Timely Interstate Placement of Foster Children Act of 2006.

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

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

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

A. CHAPTER 25. CHILD SUPPORT ENFORCEMENT DIVISION
Subchapter 5. Operational Policies
Part 27. State Tax Refund Offset Program
OAC 340:25-5-244 [AMENDED]
(Reference APA WF 07-15 and 07-35)

SUMMARY: Proposed revisions to 340:25-5-244 adds clarification that Child Support Enforcement Division (CSED) sends a notice to the noncustodial parent whenever a state tax refund is offset.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: This proposal contributes to the Oklahoma Department of Human Services (OKDHS) goals of assisting customers in becoming independent, employed, productive citizens; providing services that support and strengthen the family and protect its members; and continuously improving systems and processes to achieve agency goals. The proposed rule positions the Oklahoma Child Support Program to more efficiently manage its resources and empower families to be self-sufficient, while reducing child poverty and state expenditures.

COST: The 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 for all the rules presented for approval 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.

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; Sections 11-6 through 11-11 of Chapter 50 of Title 710 of the Oklahoma Administrative Code; and Section 205.2 of Title 68 of the Oklahoma Statutes (Oklahoma Senate Bill 814).

EMERGENCY RULE APPROVAL DATE: WF 07-15 was previously approved as emergency by the Commission on September 25, 2007 and by the Governor on October 16, 2007.

B. CHAPTER 75. CHILD WELFARE
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 340:75-15-88 [AMENDED]
(Reference APA WF 07-22 and 07-37)

SUMMARY: The proposed revisions amend the rules to require a committee review of certain criminal histories of foster parent applicants and other household members.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules achieve OKDHS goals by improving systems and processes to achieve agency goals of strengthening families and protecting children by strengthening the approval process for certain placements.

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

EMERGENCY RULE APPROVAL DATE: WF 07-12 was previously approved as emergency by the Commission on July 24, 2007 and by the Governor on August 3, 2007. WF 07-22 was previously approved as emergency by the Commission on September 25, 2007 and by the Governor on October 16, 2007.

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

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

A. CHAPTER 75. CHILD WELFARE
Subchapter 1. General Provisions of Child Welfare Services
Part 1. Scope and Applicability
OAC 340:75-1-86 [AMENDED]
(Reference APA WF 07-24)

SUMMARY: The proposed revisions to Subchapter 1 of Chapter 75 amend the rules to: (1) clarify the purpose of the Interstate Compact on the Placement of Children (ICPC); (2) re-position information from Instructions to Staff to rule to clarify definitions and types of placements, and exceptions to the ICPC; and (3) detail ICPC home study time frames.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules achieve OKDHS goals by providing services that support and strengthen the family and protect its members.

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; the Federal Safe and Timely Interstate Placement of Foster Children Act of 2006.

EMERGENCY RULE APPROVAL DATE: WF 07-24 was previously approved as an emergency by the Commission on December 4, 2007 and by the Governor on January 14, 2008.

B. CHAPTER 20. LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
Subchapter 1. Low Income Home Energy Assistance Program
OAC 340:20-1-8 [AMENDED]
(Reference APA WF 07-20)

SUMMARY: The proposed revisions to Subchapter 1 of Chapter 20 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 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.

PERMANENT APPROVAL: Permanent rulemaking approval is requested.

AGENCY GOALS: The proposed rules achieve OKDHS goals by continuously improving systems and processes to achieve efficiency.

COST: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20.

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

EMERGENCY RULE APPROVAL DATE: WF 07-20 was previously approved as an emergency by the Commission on September 25, 2007 and by the Governor on October 16, 2007.