Tuesday, July 28, 2009 – Regular Meeting

1. CALL TO ORDER – Chairman Richard DeVaughn
2. APPROVAL OF MINUTES – June 16, 2009
3. DIRECTOR’S COMMENTS – Howard Hendrick
4. CONSIDERATION OF FINANCIAL REPORTS FOR MAY AND JUNE - Phil Motley
5. CONSIDERATION OF PROPOSED ADMINISTRATIVE RULES – (See Attached) – Commissioner Aneta Wilkinson
6. REPORT FROM DEVELOPMENTAL DISABILITIES SERVICES – DIRECT SUPPORT PROFESSIONAL ANNUAL AWARDS – Jim Nicholson, Sheree Powell
7. REPORT ON HUMAN SERVICES CENTERS – Marq Youngblood (Area II, Cleveland County:  Marie McCormick; Sue Durrett, Jennifer Boyer, Jeremy Baker, Jeffery Kuhns, Sarah Walkup, Allen Edson, Kristen Johnson.)
8. DATE OF NEXT MEETING – September 29, 2009
9. 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)
   1. STATUS REPORT ON PENDING LEGAL CLAIMS OR ACTIONS INCLUDING FEDERAL CIVIL RIGHTS, DISALLOWANCE AND PROVIDER CASES – Charles Waters
   2. STATUS REPORT ON INVESTIGATIONS RELATED TO CLIENT MISTREATMENT AND EMPLOYEE MISCONDUCT – Mark Jones
10. RETURN TO REGULAR SESSION
11. NEW BUSINESS
12. Noon –  LUNCH - OFFICE OF EMERGENCY MANAGEMENT, Sequoyah Basement
13. ADJOURN
    1. 1 p.m. –  MINIVANS WILL BE AT FRONT ENTRANCE OF: SEQUOYAH BLDG. FOR  INDIVIDUAL COMMUNITY SERVICE TOURS
    2. 3:15 p.m. – Return to Sequoyah Building to pick up individual cars
14. 4 p.m. - RECONVENE AT PUBLIC STRATEGIES, Harvey Parkway Building, 301 NW 63 (NW Corner of NW 63 and Harvey) Room 110
15. FAMILY EXPECTATIONS:  PANEL OF SERVICE RECIPIENTS
16. 6 p.m. – DINNER - Deep Fork – 5418 N Western
17. 7:30 p.m. - ADJOURN

RETREAT AGENDA CONTINUED

Wednesday, July 29, 2009
9 a.m. – Public Strategies – Harvey Parkway Building –301 NW 63rd Street, Room 110 – Family Expectations
Oklahoma City, Oklahoma

*BUSINESS-CASUAL DRESS

1. CALL TO ORDER – Chairman Richard DeVaughn
2. 9:05 a.m. - WHAT’S NEW IN CHILD SUPPORT SERVICES – Gary Dart
3. 9:30 a.m. - CHILD WELFARE EMERGING ISSUES:  THE ROAD AHEAD - Marq Youngblood
   1. PRACTICE MODEL - Deborah Smith/Larry Johnson
   2. PROGRAM IMPROVEMENT PLAN – Gary Miller
4. 10:15 – 15 MINUTE BREAK
5. 10:30 a.m. - ADVANTAGE SERVICES – Lance Robertson/Tom Dunning
6. 11 a.m. - CURRENT STATUS OF COMMUNITY AND RESIDENTIAL DEVELOPMENTAL DISABILITIES SERVICES – Jim Nicholson
7. 11:30 a.m. - MODERNIZATION OF OKDHS – Sarjoo Shah/James Conway
8. Noon -- ADJOURN

ITEM #5. Proposed Administrative Rules - Compiled
July 14, 2009
PROPOSED RULEMAKING ACTION
July 28, 2009

Part I.  Emergency rules subject to the Administrative Procedures Act.

A. CHAPTER 10. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 3. Conditions of Eligibility – Need
Part 5. Assistance Payments
OAC 340:10-3-56 [AMENDED]
Subchapter 15. Conditions of Eligibility - Citizenship and Alienage
OAC 340:10-15-1 [AMENDED]
(Reference APA WF 09-12)

SUMMARY:  The proposed revisions amend Chapter 10 rules to: (1) increase the number of months an Afghan in special immigrant status can receive Temporary Assistance for Needy Families (TANF) benefits; (2) update legal cites for aliens in special immigrant status; and (3) remove reference to voucher benefits for a child born ten months from the date of application.

• 340:10-3-56 is revised to remove reference to voucher benefits for a child born after ten months from the date of application.
• 340:10-15-1 is revised to: (1) update legal cites for aliens in special immigrant status; and (2) increase the number of months an Afghan in special immigrant status can receive benefits.

EMERGENCY APPROVAL:  Emergency rulemaking approval is requested to comply with changes in state statute and federal law.

AGENCY GOALS:  The proposed rules support Oklahoma Department of Human Services (OKDHS) mission to administer public resources in a fiscally responsible and ethical manner.

COST:  The probable cost of printing and distributing the rules is estimated to be less than $10.  With the program change regarding children previously eligible for a voucher, these children may now receive TANF benefits for 60 months electronically versus the former voucher TANF cash benefit for 36 months.  The fiscal impact should be minimal as research has shown the average time approved for a child receiving a voucher is 30 months, not reaching the maximum time period of 36 months.

PROPOSED EFFECTIVE DATE:  November 1, 2009

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Section 230.65 of Title 56 of the Oklahoma Statutes; Section 101(a)(27) of the INA [8 U.S.C. 1101(a)(27)]; Section 1059, P.L. 109-163, the National Defense Authorization Act for Fiscal Year 2006; Section 1244 of P.L. 110-181, the National Defense Authorization Act for Fiscal Year 2008; Section 525 of Division G of P.L. 110-161, the Consolidated Appropriations Act of 2008; and Section 602, Division F, P.L. 111-08, the Omnibus Appropriations Act of 2009.

B. CHAPTER 40. CHILD CARE SUBSIDY PROGRAM
Subchapter 7. Eligibility
OAC 340:40-7-1 [AMENDED]
OAC 340:40-7-11 through 340:40-7-12 [AMENDED]
(Reference APA WF 09-11)

SUMMARY:  The proposed revisions to Subchapter 7 of Chapter 40 amend the rules to:  (1) remove language regarding non-cash Temporary Assistance for Needy Families (TANF) vouchers due to a change in state statute; (2) remove adoptions subsidy payments as countable income; and (3) add language to exempt household income for certain children adopted through the Oklahoma Department of Human Services (OKDHS).

• 340:40-7-1 is amended to remove language regarding non-cash TANF vouchers due to a change in state statute. 
• 340:40-7-11 is amended to remove language regarding adoption subsidy payments as they are no longer considered for child care eligibility.
• 340:40-7-12 is amended to add:  (1) language to exempt household income for certain children adopted through OKDHS; and (2) adoption subsidy payments as excluded income.

EMERGENCY APPROVAL:  Emergency rulemaking approval is requested as OKDHS finds compelling public interest to exempt adoption subsidy payments and household income for certain families considering adoption of children in OKDHS custody to help reduce the delay in achieving permanency goals for these children and to remove policy regarding non-cash TANF vouchers due to a change in state statute.

AGENCY GOALS:  Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law (P.L.) 104-193; the Balanced Budget Act of 1997, P.L. 105-33; Title 45 Code of Federal Regulations (CFR) Parts 98 and 99; and Section 230.65 of Title 56 of the Oklahoma Statutes.

COST:  The probable cost of printing and distributing the rules is estimated to be less than $20.  The probable fiscal impact of excluding adoption subsidy payments is estimated to be $1,644,327.  The probable fiscal impact of excluding household income for certain children adopted through OKDHS is estimated to be $3,516,511.  The Child Care budget is sufficient to pay for the increased eligibility for certain children adopted through OKDHS.  The revised rules are expected to help reduce the delay in achieving permanency goals for these children.

PROPOSED EFFECTIVE DATE:  October 1, 2009

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law (P.L.) 104-193; the Balanced Budget Act of 1997, P.L. 105-33; Title 45 Code of Federal Regulations (CFR) Parts 98 and 99, and Section 230.65 of Title 56 of the Oklahoma Statutes.

C. CHAPTER 60. REFUGEE RESETTLEMENT PROGRAM
OAC 340:60-1-3 [AMENDED]
(Reference APA WF 09-13)

SUMMARY:  The proposed revisions to Chapter 60 amend the rules to update legal cites for aliens in special immigrant status.

• 340:60-1-3 is revised to update legal cites for aliens in special immigrant status.

EMERGENCY APPROVAL:  Emergency rulemaking approval is requested to comply with changes in federal law.

AGENCY GOALS:  The proposed rules support Oklahoma Department of Human Services (OKDHS) mission to administer public resources in a fiscally responsible and ethical manner.

COST:  The probable cost of printing and distributing the rules is estimated to be less than $10.

PROPOSED EFFECTIVE DATE:  November 1, 2009

AUTHORITY: Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Section 101(a)(27) of the INA [8 U.S.C. 1101(a)(27)]; Section 1059, P.L. 109-163, the National Defense Authorization Act for Fiscal Year 2006; Section 1244 of P.L. 110-181, the National Defense Authorization Act for Fiscal Year 2008; Section 525 of Division G of P.L. 110-161, the Consolidated Appropriations Act of 2008; and Section 602, Division F, P.L. 111-08, the Omnibus Appropriations Act of 2009.

D. CHAPTER 75. CHILD WELFARE
Subchapter 15. Adoptions
Part 14. Post-adoption Services
OAC 340:75-15-128.1 [AMENDED]
(Reference APA WF 09-10)

SUMMARY:  The proposed revisions to Subchapter 15 of Chapter 75 amend the rules to allow Oklahoma Department of Human Services (OKDHS) to pay child care services under certain circumstances as a part of adoption assistance. This will allow families who require child care services to proceed with adoption and will expedite permanency for children.

• 340:75-15-128.1 is amended to provide for child care services to be paid by OKDHS under certain circumstances as a part of adoption assistance.

EMERGENCY APPROVAL:  Emergency rulemaking approval is requested as OKDHS finds compelling public interest to allow child care services to be paid by OKDHS under certain circumstances as a part of adoption assistance to allow families requiring this service to proceed with adoption and permanency for children.

AGENCY GOALS:  The proposed rule achieves OKDHS goals by providing services that support and strengthen families.

COST:  The probable cost to OKDHS includes the cost of printing and distributing the rule, which is estimated to be less than $20.  The probable fiscal impact to the Children and Family Services Division (CFSD) is estimated at $200,000.  The CFSD budget is sufficient to pay for the service for certain children residing out-of-state who require child care services.  The revised rule will result in enhanced delivery of services to help reduce the delay in achieving permanency goals for children.

PROPOSED EFFECTIVE DATE:  October 1, 2009

AUTHORITY:  Commission for Human Services, Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Title 10 of the Oklahoma Statutes; Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law (P.L.) 104-193; the Balanced Budget Act of 1997, P.L. 105-33; Parts 98 and 99 of Title 45 of the Code of Federal Regulations (CFR); and Section 230.65 of Title 56 of the Oklahoma Statutes.

E. CHAPTER 110. LICENSING SERVICES
Subchapter 1. General Provisions
Part 1. Licensing Services – Child Care
OAC 340:110-1-4.1 [AMENDED]
OAC 340:110-1-6 [AMENDED]
OAC 340:110-1-8 through 340:110-1-8.1 [AMENDED]
OAC 340:110-1-9 [AMENDED]
Part 3. Licensing Services – Residential Care and Agencies
OAC 340:110-1-43.1 [AMENDED]
OAC 340:110-1-45 through 340:110-1-47 [AMENDED]
OAC 340:110-1-51 [AMENDED]
Subchapter 3. Licensing Standards for Childcare Facilities
Part 1.  Requirements for Child Care Centers
OAC 340:110-3-5 through 340:110-3-6 [AMENDED]
OAC 340:110-3-7.1 [AMENDED]
Part 2. Requirement for Part-day Children’s Programs
OAC 340:110-3-39 through 340:110-3-42 [AMENDED]
Part 5. Requirements for Family Child Care Homes and Large Family Child Care Homes
OAC 340:110-3-85 [AMENDED]
OAC 340:110-3-88 [AMENDED]
OAC 340:110-3-89.1 [AMENDED]
Part 9. Requirements for Residential Child Care Facilities
OAC 340:110-3-153 [AMENDED]
OAC 340:110-3-153.1 [AMENDED]
OAC 340:110-3-168 [AMENDED]
Part 14. Requirements for School-Age Programs
OAC 340:110-3-223 through 340:110-3-226 [AMENDED]
Subchapter 5. Requirements for Child-Placing Agencies
Part 1. Requirements for Child-Placing Agencies
OAC 340:110-5-7 through 340:110-5-8 [AMENDED]
OAC 340:110-5-12 [AMENDED]
(Reference APA WF 09-14)

SUMMARY:  The proposed revisions to Subchapters 1, 3, and 5 of Chapter 110 amend the licensing requirements rules for child care centers, part-day programs, family child care homes and large family child care homes, school-age programs, residential facilities, and child placing agencies relating to: (1) criminal history investigations; and (2) parent notification regarding liability insurance.  Revisions reflect changes in state statute during the 2009 legislative session.

• 340:110-1-4.1 is amended to reflect deletion of division forms. Forms were revised to meet parent notification requirements with regard to documentation of liability insurance. Other revisions of forms relate to criminal history reviews and the development of a new form to provide results of criminal history review results.
• 340:110-1-6 is amended to reflect new procedures regarding criminal history reviews that are necessary prior to issuance of a license.
• 340:110-1-8 is amended to: (1) reflect a child care facility’s compliance with specified requirements for liability insurance documentation and criminal history reviews as it relates to permit and license issuance; and (2) include the deletion of the provisional license.
• 340:110-1-8.1 is amended to reflect revisions to procedures for criminal history investigations as it relates to the issuance of permit or license, and facilities currently permitted or licensed.
• 340:110-1-9 is amended to reflect revisions of on-going monitoring of child care facilities with regard to criminal history investigations and liability insurance documentation.
• 340:110-1-43.1 is amended to reflect deletion of division forms.  Forms were revised with regard to criminal history reviews and a new form developed to provide results of criminal history review results.
• 340:110-1-45 is amended to reflect new procedures regarding criminal history reviews that are necessary prior to issuance of a license.
• 340:110-1-46 is amended to: (1) reflect a child care facility’s compliance with specified requirements for liability insurance documentation and criminal history investigations as it relates to permit and license issuance; and (2) include the deletion of the provisional license.
• 340:110-1-47 is amended to reflect revisions of on-going monitoring of child care facilities with regard to criminal history investigations documentation.
• 340:110-1-51 is amended to reflect revisions to procedures for criminal history reviews as it relates to the issuance of permit or license and facilities currently permitted or licensed.
• 340:110-3-5 is amended to reflect revisions to notification regarding liability insurance which requires posting of insurance exception.
• 340:110-3-5.1 is amended to reflect procedures regarding documentation for liability insurance and posting of insurance exception notice.
• 340:110-3-6 is amended to: (1) reflect deletion of parent notification for insurance exception being maintained in children’s records; and (2) include procedures regarding documentation of criminal history reviews.
• 340:110-3-7.1 is amended to reflect revisions to procedures regarding criminal history investigations for facilities prior to issuance of permit and facilities currently permitted or licensed.
• 340:110-3-39 is amended to reflect revisions to notification regarding liability insurance which requires posting of insurance exception.
• 340:110-3-40 is amended to reflect procedures regarding documentation for liability insurance and posting of insurance exception notice.
• 340:110-3-41 is amended to: (1) reflect deletion of parent notification for insurance exception being maintained in children’s records; and (2) include procedures regarding documentation of criminal history reviews.
• 340:110-3-42 is amended to reflect revisions to procedures regarding criminal history investigations for facilities prior to issuance of permit and facilities currently permitted or licensed.
• 340:110-3-85 is amended to reflect revisions to procedures regarding criminal history investigations for facilities prior to issuance of permit and facilities currently permitted or licensed.
• 340:110-3-88 is amended to: (1) reflect deletion of parent notification for insurance exception being maintained in children’s records; and include procedures regarding documentation of criminal history reviews.
• 340:110-3-89.1 is amended to reflect procedures regarding documentation for liability insurance and posting of insurance exception notice.
• 340:110-3-153 is amended to reflect procedures regarding documentation for liability insurance.
• 340:110-3-153.1 is amended to reflect revisions to procedures regarding criminal history investigations for facilities prior to issuance of permit and facilities currently permitted or licensed.
• 340:110-3-168 is amended to reflect exemption of submission of criminal history review requests to licensing if hospitals contract with Oklahoma Health Care Authority.  Documentation of record searches are maintained at the facility and made available to licensing upon request.
• 340:110-3-223 is amended to reflect revisions to notification regarding liability insurance which requires posting of insurance exception.
• 340:110-3-224 is amended to reflect procedures regarding documentation for liability insurance and posting of insurance exception notice.
• 340:110-3-225 is amended to: (1) reflect deletion of parent notification for insurance exception being maintained in children’s records; and (2) include procedures regarding documentation of criminal history reviews.
• 340:110-3-226 is amended to reflect revisions to procedures regarding criminal history investigations for facilities prior to issuance of permit and facilities currently permitted or licensed.
• 340:110-5-7 is amended to reflect procedures regarding documentation for liability insurance.
• 340:110-5-8 is amended to reflect revisions to procedures for criminal history investigations for facilities prior to issuance of permit and facilities currently permitted or licensed.
• 340:110-5-12 is amended to reflect procedures regarding documentation for criminal history reviews.

EMERGENCY APPROVAL:  Emergency rulemaking approval is requested as OKDHS finds an imminent peril to the preservation of the public health, safety, or welfare of children in child care facilities.  Licensed facilities are required to meet new legislative mandates. Health and safety of children could be jeopardized if revisions were not implemented.

AGENCY GOALS:  The proposed rules achieve Oklahoma Department of Human Service (OKDHS) goals by clarifying procedures that support and strengthen the family and protect its members, while improving systems and processes to achieve agency goals.

COST:  The probable cost to OKDHS include the cost of printing and distributing the rules, which is estimated to be $53,000 and allows for the printing and distribution of revised licensing requirements to all affected facilities. Training of division staff will be conducted by state office personnel. 

PROPOSED EFFECTIVE DATE:  October 1, 2009

AUTHORITY:  Commission for Human Services; Article XXV, Sections 2, 3, and 4 of the Oklahoma Constitution; Child Care Facility Licensing Act, Section 401 et seq. of Title 10 of the Oklahoma Statutes; Senate Bill 478; and House Bill 1742.