OKDHS - OAC 340:75-7-41. Placement considerations and requirements

340:75-7-41. Placement considerations and requirements

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Revised 3-26-10

(a) Approved Bridge resource family homes. Approved Bridge resource family homes serve as out-of-home placements for children in Oklahoma Department of Human Services (OKDHS) custody. • 1

(b) Sibling placement. When two or more children in foster care are siblings, every reasonable attempt is made to place the siblings in the same home. In making a permanent placement, siblings are placed in the same permanent home or, if the siblings are separated, are allowed contact or visitation with other siblings; provided, the best interests of each sibling is the standard for determining whether siblings are placed in the same foster placement or permanent placement, or allowed contact or visitation with other siblings, per Section 1-7-107 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-7-107).

(c) Placement preferences. In selecting a placement for a child in OKDHS custody, a determination is based upon the child's best interests and permanency plan. When OKDHS determines that placement with the noncustodial parent is not in the child’s best interest, preference is given to relatives and persons who have a kinship relationship with the child, who are determined to be suitable, capable, and willing to serve as caretakers for the child per 10A O.S. § 1-7-106. Based on the information received, the resource specialist considers:

(1) the placement preferences of the federal and state Indian Child Welfare Acts (ICWA), if applicable, and places the child accordingly;
(2) the home of a relative approved by OKDHS;
(3) the home of a non-relative kinship family, per OAC 340:75-7-24, approved by OKDHS;
(4) an approved OKDHS foster home in which the child was previously placed;
(5) an approved OKDHS traditional Bridge resource home;
(6) emergency foster homes;
(7) contracted foster care homes; or
(8) therapeutic foster care home or group home, if the child meets the medical necessity criteria.

(d) Placement in nearest proximity to parent or legal guardian, or school. Unless the child is placed with relatives or in accordance with the federal and state Indian Child Welfare Acts, every effort is made to place the child within the county of residence, or if unable to place in the nearest proximity to the county of residence of the child's parent or legal guardian, school district, or both, to facilitate reunification of the family and ensure consistency with education. The child's placement is not intended to correspond in frequency to changes in residence of the parent or legal guardian. In determining whether the child should be moved, OKDHS considers the potential harmful effects of disrupting the placement of the child and the reason of the parent or legal guardian's changes in residence, per 10A O.S. § 1-4-707.

(e) Identification of appropriate placement. Per 10A O.S. § 1-4-204, in selecting an appropriate placement, the resource specialist considers:

(1) the ability of the person being considered to provide safety for the child;
(2) a willingness to cooperate with any restrictions placed on contact between the child and others;
(3) the ability of the person being considered to support the efforts of OKDHS to implement the permanent plan for the child;
(4) the ability of the person being considered to meet the child's physical, emotional, and educational needs, including the child's need to continue in the same school or educational placement;
(5) the ability of the person being considered to provide a placement for the child's sibling;
(6) the wishes of the parent, the relative, and the child, if appropriate;
(7) the ability of the person being considered to care for the child as long as necessary and to provide a permanent home if necessary; and
(8) the best interests of the child.

(f) Indian Child Welfare Act and placement. The federal Indian Child Welfare Act (FICWA), 25 United States Code § 1915, Oklahoma Indian Child Welfare Act (OICWA), 10 O.S. § 40.6, and OAC 340:75-19-14 define placement preferences for Indian children.

(g) Religious consideration in placement decision. Consideration is given to the parent(s)' wishes regarding religious preference in the selection of a placement provider for the child, per 10A O.S. § 1-4-705. Refer to OAC 340:75-5-49.

(h) Placement stability. In order to promote stability and healthy growth of the child, it is the intent of OKDHS to limit the number of times a child is moved in out-of-home placement. When reunification is feasible, the placement made is the best available placement to provide permanency for the child. A request by a placement provider for immediate removal of a child is examined and assessed regarding whether the situation can be resolved to prevent disruption of the placement.

(i) Placement provider's age. When a prospective placement provider meets the minimum age required per OAC 340:75-7-12, OKDHS may not use the age of an otherwise eligible individual as a reason for denial of placement. [10A O.S. § 1-4-705]

(j) Number and ages of children placed in OKDHS and Tribal foster homes. OKDHS determines the number and ages of children placed in each Bridge resource home. Each tribe determines the number of children in OKDHS and tribal custody allowed for placement in a tribal foster home. OKDHS makes every attempt to place Indian children in OKDHS custody in compliance with the placement preferences of the Indian Child Welfare Act, per OAC 340:75-19. • 2

INSTRUCTIONS TO STAFF 340:75-7-41

Revised 3-26-10

1. (a) Placement location. If a kinship placement is not identified, the resource specialist and child's Child Welfare (CW) worker make every effort to place a child with a Bridge resource family who resides in the closest geographic proximity as possible to the child's family or school that can best meet the child's needs. Cooperation between CW workers and Bridge resource families is required to ensure the effective and appropriate use of foster families to serve the best interests of the children. The resource specialist assesses each placement decision with careful consideration of the skills and abilities of the Bridge resource family. The willingness of the Bridge resource family to accept the placement of a child is not the major criterion for placement decisions.

(1) If a Bridge resource home is not available for a child in the child's county of jurisdiction, a search for a Bridge resource home in the adjoining counties is initiated, then statewide, if necessary.

(2) The responsibility of transporting the child is coordinated between the county of jurisdiction and the county of placement. The child is accompanied by an adequate supply of clothing, a sufficient amount of a prescribed medication to allow for uninterrupted treatment, and Form 04MP012E, Receipt and Release of Prescription and Over-the-Counter Medication(s), and Form 04KI004E, Placement Provider Information, that includes information required by Section 1-7-104 of Title 10A of the Oklahoma Statutes and OAC 340:75-6-40.2, including:

(A) a schedule of the child's daily routine;

(B) available medical history, including immunization records; and

(C) education information and history.

(3) If a disruption occurs in an out-of-county placement, joint information sharing occurs between the county of placement and county of jurisdiction regarding the best alternative placement for the child. Ultimate placement planning and responsibility rests with the county of jurisdiction. Factors considered in determining the placement are the child's:

(A) length of stay in the placement;

(B) connection to the community;

(C) connection to the school; and

(D) extracurricular activities.

(b) Primary responsibility. The primary responsibility of the resource specialist is to find placements for children and to coordinate and cooperate with other CW workers and specialists to meet the goals for timely, safe, and informed placements.

(c) Oklahoma Schools for the Deaf or Blind. Bridge resource homes may receive a pro-rated payment for days a child, who attends the Oklahoma School for the Deaf or the Oklahoma School for the Blind, is actually in the resource home. These days are entered into the KIDS system for payment. Coordination with the counties of placement for Oklahoma Schools for the Deaf and Blind are listed in (1) through (3).

(1) Murray County is the liaison county for the Oklahoma School for the Deaf. Muskogee County is the liaison county for the Oklahoma School for the Blind.

(2) The county of jurisdiction is responsible for notifying Murray or Muskogee County of a child's placement in either school. Murray and Muskogee County CW workers are secondary workers on the KIDS case.

(3) Inquiries or replies to inquiries about the child in OKDHS custody are sent to Murray or Muskogee County and not directly to the individual schools.

(d) Out-of-county moves. Prior to the movement of the child in OKDHS custody out-of-county with the Bridge resource parent, the approval of the CW supervisor of the child's CW worker and resource specialist is required.

(1) Approval requires a written request stating the reasons for the request and why remaining in the current resource home is in the child's best interests.

(2) The CW worker notifies the court, the child's attorney, district attorney, post-adjudication review board, court-appointed special advocate, and other guardian ad litem, if applicable of the move within a five business days after the CW worker has information that the Bridge resource parent is moving out of county.

(3) The resource specialist files copies of the request and approval in the resource and child's record, and documents the date and general content of the results of the request in the KIDS Resource Contacts screen.

(4) The resource specialist sends a copy of the authorization for the movement of the child to the receiving county.

(e) Non-transferring case to a new county. A request to not transfer a resource case by the resource specialist is submitted in writing to the resource specialist's supervisor. The supervisor forwards the request with a recommendation to the county directors of the counties concerned. The request and county director's decision is documented in the KIDS Resource Contacts screen.

(f) Out-of-state moves. Movement of the child in OKDHS custody out-of-state with the Bridge resource parent requires the approval of the county director. The county director considers such a move when family reunification is no longer the goal for the child and family.

(1) The child's CW worker's supervisor, with consultation from the child's worker, resource specialist, and supervisor of the resource specialist of the relocating Bridge resource parent, requests approval by memorandum to the county director with a copy to the CW field liaison (CWFL).

(2) The memorandum includes:

(A) the reasons for the request;

(B) the benefits to the child;

(C) a medical plan that includes a manner of payment for necessary and expected services; and

(D) conditions or orders of the court or recommendations of the child's attorney regarding the request that the child relocate to another state with the Bridge resource parent, such as the court requiring the child's presence at the court hearings.

(3) Upon approval for the move by the county director, the CW worker initiates a request for a foster home assessment per OAC 340:75-1-86.

2. (a) Number and ages of children placed. To determine the number and ages of children placed in a Bridge resource home, consideration is given to:

(1) capabilities and skills of the Bridge resource family;

(2) number and ages of the Bridge resource family's own children;

(3) accommodations of the home;

(4) known behavioral patterns of the foster family's own children and the children in foster care; and

(5) the anticipated effect of the placements upon the family as a unit. The needs of the child placed in the home may restrict the capacity of the home regardless of the approved number of children for the home.

(b) Exception to the number or age limit of children. The placement of a child in a Bridge resource home that causes the home to exceed the number or age limit, per OAC 340:75-7-41, requires an exception request and approval prior to placement.

(1) The CW worker consults with the resource specialist concerning the feasibility of an exception for a foster or kinship family to exceed the number or age limit for placements.

(2) The CW worker makes an exception request to the CW supervisor that includes:

(A) the search and results for an alternate, appropriate placement for the child;

(B) the name and resource number of the Bridge resource family considered for the exception;

(C) the number, gender, and ages of children:

(i) for which the Bridge resource home is currently approved;

(ii) currently placed in the home;

(iii) for whom the request is made; and

(iv) of the Bridge resource family;

(D) the date and overall results of the last assessment;

(E) the number of in-service training hours completed by the Bridge resource family in the last contract year;

(F) a summary of the behaviors, treatment needs, and placement and permanency plans of each child currently placed and each child included in the exception request;

(G) the specified time frames for the exception;

(H) the effect of the exception on sibling placement, if any;

(I) a summary of previous placements and exception requests for the children included in the request;

(J) a plan for the transportation needs of all children placed in accordance with state automobile child safety restraint requirements;

(K) the sleeping arrangements for all children in the Bridge resource home;

(L) the effect the exception may have on the placement of children currently in the home; and

(M) the recommendation of the resource specialist regarding the exception request.

(3) The needs of the specific child included in the exception request and the specific needs of the children currently in the placement are the basis for consideration of the exception.

(4) The CW worker documents the exception request and date of the request in the child's case KIDS Contacts screen, and the resource specialist documents this information in the KIDS Resource Contacts screen.

(5) The CW supervisor submits the request information and documentation to the county director for an exception decision and documents the date of submission in the child's case KIDS Contacts screen. The county director makes the determination on the request and notifies the CW supervisor of the decision.

(6) The CW supervisor notifies the CW worker and resource specialist of the county director's decision. The decision is documented in the child's and resource case KIDS Contacts screens.

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