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340:75-7-2. Purpose, legal basis, and definitions
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Revised 3-26-10
(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, who meets the criteria outlined in OAC 340:75-4-12.1 and 340:75-6-110.
(b) Legal basis.
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(1) The Oklahoma Children's Code 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.
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(2) Sections 1-1-105 and 1-7-109 of Title 10A 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:
(c) Definitions. The following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
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(1) "Behavioral health" means mental health, substance abuse, or co-occurring mental health and substance abuse diagnoses, and the continuum of mental health, substance abuse, or co-occurring mental health and substance abuse treatment.
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(2) "Bridge resource family" means any family, who is asked to:
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(A) provide temporary care, love, and nurturing to the child;
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(B) 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
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(C) serve as the legal guardian for the child while maintaining a child's connection to kin, culture, and community; and/or
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(D) adopt the child while maintaining a child's connection to kin, culture, and community.
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(3) "Contract foster care (CFC)" means substitute care for children in custody of OKDHS provided by a contract child placing agency to meet the child's needs through service coordination and delivery in conjunction with OKDHS.
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(4) "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.
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(5) "Foster care" or "foster care services" means continuous twenty-four-hour care and supportive services provided for a child in foster placement including, but not limited to, the care, supervision, guidance, and rearing of a foster child by the foster parent.
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(6) "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 threat 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 Bridge resource parent, who is approved by and under contract with OKDHS.
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(7) "House assessment" means the evaluation of the prospective Bridge resource family's place of residence to determine whether the residence meets OKDHS physical requirements for safety.
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(8) "Infant" means a child who is twelve months of age or younger.
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(9) "In-service training" means instruction on a yearly basis that is required to maintain continued approval of a Bridge resource home.
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(10) "Inquiry" means the first contact a prospective Bridge resource parent has with OKDHS. The prospective Bridge resource parent may ask the local OKDHS office staff about foster parenting, through a phone call, e-mail, or personal contact.
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(11) "Integrated Assessment" means an assessment, of a family interested in becoming a Bridge resource family for OKDHS that is completed by OKDHS staff or by a contractor of OKDHS. The assessment consists of an evaluation of the family's ability to foster and adopt, and includes, but is not limited to:
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(A) consideration of criminal and CW history;
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(B) the safety and physical ability of the home to integrate a new family member;
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(C) the number and ages of children in the home;
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(D) references;
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(E) military history; and
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(F) household income.
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(12) "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.
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(13) "Mutual decision-making" means the process by which the prospective Bridge 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 Bridge resources to foster or adopt an available child.
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(14) "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:
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(A) meeting the child's physical and emotional needs;
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(B) teaching the child problem-solving, self-control, and responsibility; and
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(C) building the foster parent - child relationship. This does not include the authority to use corporal punishment on any child in OKDHS custody.
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(15) "Pre-service training" means instruction required of a Bridge resource parent applicant prior to approval.
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(16) "Relative" means a grandparent, great-grandparent, brother, or sister of whole or half blood, aunt, uncle, or any other person related to the child.
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