(a) Purpose.  Foster family care is a planned, goal directed service that provides 24‑hour a day substitute temporary care and supportive services in a home environment for any child, birth to 18 years of age, residing in Oklahoma and in the custody of Oklahoma Department of Human Services (OKDHS).  Voluntary foster care is available for any child, birth to 21 years of age, per OAC 340:75-4-12.1 and 340:75‑6-115.9.

(b) Legal base.

• (1) The Oklahoma Foster Care and Out-of-Home Placement Act acknowledges that foster parents have a recognizable interest in the familial relationship they establish with a child who is placed in their care.  The law recognizes that foster parents are essential participants in decision-making related to the child in their home.
• (2) Sections 7203 and 7204.4 of Title 10 of the Oklahoma Statutes define and authorize foster family care.
• (3) Titles IV-B and IV-E of the Social Security Act mandate and provide funding for certain child welfare services, including foster care.
• (4) OKDHS implements recruitment and retention activities that support the:
  • (A) Multiethnic Placement Act of 1994 as amended by the Interethnic Adoption Provisions of 1996 (MEPA/IEP), per OAC 340:75-1-9;
  • (B) Federal Indian Child Welfare Act (FICWA), per Section 1901 et seq. of Title 21 of the United States Code, and Oklahoma Indian Child Welfare Act (OICWA), per Section 40 et seq. of Title 10 of the Oklahoma Statutes;
  • (C) Adoption and Safe Families Act of 1997 (ASFA) that amended Titles IV-B and IV-E of the Social Security Act, per Sections 620 through 679 of Title 42 of the United States Code; and
  • (D) regulations promulgated to implement each Act.

(c) Definitions.  The following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

• (1) "Bridge resource family" is a family who may be asked to:
  • (A) provide temporary care, love, and nurturance to the child and serve as a mentor actively helping the parent improve their ability to safely care for their children while staying connected and assisting in the transition to reunification, legal guardianship, or adoption to another family; and/or
  • (B) serve as the legal guardian for the child while maintaining a child's connection to kin, culture, and community; and/or
  • (C) adopt the child while maintaining a child's connection to kin, culture, and community.
• (2) "Emergency foster care (EFC)" means short-term substitute care for children in the custody of OKDHS from birth through five years of age.  Care is provided by a contracted agency to meet the child's needs through service coordination and delivery in conjunction with OKDHS.
• (3) "Foster family care" means an essential temporary Child Welfare (CW) service for a child and parent(s), legal guardian, or custodian when the child's safety cannot be ensured in his or her own home due to the risk of child abuse, neglect, or special circumstances necessitating out-of-home care on a temporary basis in a home away from the child's parent(s), legal guardian, or custodian.  A service of continuous care is provided for a child requiring out-of-home placement in a home environment, including, but not limited to, the care, supervision, guidance, and rearing of a child by a foster parent, who is approved by and under contract with OKDHS.
• (4) "House assessment" means the evaluation of the prospective foster or kinship family's place of residence to determine whether the residence meets OKDHS physical requirements for safety.
• (5) "In-service training" means instruction on a yearly basis that is required to maintain continued approval of a foster home.
• (6) "Inquiry" means the first contact a prospective resource parent has with OKDHS.  The prospective resource parent may ask the local OKDHS office staff about foster parenting, through a phone call, e-mail, or personal contact.
• (7) "Kinship foster family care" means continuous care provided for a child requiring out-of-home placement by a relative, stepparent, or other responsible adult who has a bond or tie with the child or a family relationship role with the child's parent(s) or the child prior to the child's entry into foster care.
• (8) "Mutual decision-making" means the process by which the prospective resource family decides, given what they have learned about themselves and the children served by OKDHS, whether they want to become approved foster, kin, or adoptive parents.  OKDHS, represented by the resource specialist, determines whether the family has the skills, willingness, and resources to foster or adopt an available child.
• (9) "Parental substitute authority" means the ability of the foster parent to integrate the child requiring out-of-home placement into the family setting and to care for the child as the foster parent would his or her child, by:
  • (A) meeting the child's physical and emotional needs;
  • (B) teaching the child problem-solving, self-control, and responsibility; and
  • (C) building the foster parent - child relationship.  This does not include the authority to use corporal punishment on any child in OKDHS custody.
• (10) "Pre-service training" means instruction required of a foster parent applicant prior to approval.