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OKDHS Home > Library > Policy > OAC 340 > Chapter 75. Child Welfare > 7. Foster Home Care > 52. Foster care contracts and maintenance payments
340:75-7-52. Foster care contracts and maintenance payments
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Revised 3-26-10

 

(a) Foster care contracts.  The rules in OAC 340:75-7-52 and the provisions of a contract for services define the responsibilities of Bridge resource parents and Oklahoma Department of Human Services (OKDHS) regarding the care of children in a Bridge resource home.  Foster care contracts are signed when all conditions for approval are met, per OAC 340:75-7-18, except for kinship, per OAC 340:75-7-24.

  • (1) Foster care contracts are perpetually renewed and considered in effect unless a specific action by one of the parties to the contract terminates the contract.  Bridge resource parents are eligible for foster care maintenance payments effective the date the home is approved.  Kinship Bridge resource parents are not paid retroactive to date of placement.
  • (2) Maintenance payments are authorized for intervals of care provided to a child in foster care placed through OKDHS or a tribe with an approved Tribal/State Agreement with OKDHS.
  • (3) Kinship Bridge resource families may be approved for expedited maintenance payments, per OAC 340:75-7-24, on a case-by-case basis.
  • (4) Kinship Bridge resource families who meet the degree of relationship, per OAC 340:10-9-1, may apply for assistance through Temporary Assistance for Needy Families (TANF) at the local OKDHS office pending foster home approval and entry into a contract, per OAC 340:75-7-52(a)(1) through (3).
  • (b) Foster care maintenance payments.  The foster care contract authorizes maintenance payments to offset the cost of each child's care and a difficulty of care (DOC) maintenance payment to address the additional expense of caring for a child with extraordinary needs.  The foster care maintenance payment is paid the month after the service is rendered. The OKDHS Committee on Rates and Standards authorizes the amount of maintenance payment available through the foster care maintenance payment and DOC payment rate, per OAC 340:75-7-53.
  • (1) Foster care maintenance payments correspond to the child's age set out in OKDHS Appendix C-20 (.pdf, 9 pp, 109 KB), Children and Family Services Division Rates Schedule, as amended from time to time, as approved by the Commission for Human Services.
  • (2) Foster care maintenance payments are provided to address the costs of room, board, clothing, and incidentals.
  • (3) Bridge resource parents receive a clothing allowance for each child, per OAC 340:75-13-45.
  • (4) The medical expense of a child in foster care is covered through Medicaid when private insurance is not available to the child, per OAC 340:75-13.
  • (5) Maintenance payments received through the foster care contract is not considered income pursuant to Section 131 of Title 26 of the United States Code Annotated and the foster family does not receive Form 1099 from OKDHS at year's end.  Bridge resource parents consult their own tax advisor for advice.
  • (6) Foster care maintenance payment and DOC maintenance payment rates are a fixed monthly amount.
  • (7) When a partial month of foster care service is provided, the maintenance payment begins on the child's date of entry to the home and concludes on the day before the child's departure from the home.  A prorated sum is paid based on the number of days of service provided multiplied by the daily rate, per OKDHS Appendix C-20 (.pdf, 9 pp, 109 KB), and is paid automatically by the KIDS system.
  • (8) When a change in the child's age qualifies for a new rate, the new rate becomes effective on the first day of the month following the child's birthday.
  • (9) When a child is out of the Bridge resource home for family reunification purposes, pre-placement visits, or is absent without leave (AWOL) for up to seven consecutive days, the Bridge resource parent receives a maintenance payment if the child is expected to return to the Bridge resource home at the end of the seven days.
  • (10) The Bridge resource parent is eligible for prorated foster care and DOC maintenance payments when the child attends an Indian boarding school, Oklahoma School for the Deaf, Oklahoma School for the Blind, or a similar residential program and returns to the Bridge resource home for weekends or school vacations.  When the child returns to the Bridge resource home for a summer vacation, the monthly rate is used.  The days the child spends in the Bridge resource home are documented in the KIDS system, and the payment for the Bridge resource family is automatically generated.
  • (11) The Bridge resource parent is eligible for foster care and DOC maintenance payment for up to ten days of each event of hospitalization for the child's treatment of health or mental health concerns when there is no evidence of Bridge resource parent misconduct contributing to the event.
  • (12) The foster care maintenance payment is an automatic electronic filing system based on the child's placement episode in the KIDS system.
  • (13) An OKDHS foster care contract is signed for approved Interstate Compact on the Placement of Children (ICPC) foster families residing in another state providing care for children in OKDHS custody, per OAC 340:75-1-86.  An OKDHS contract is not signed for ICPC foster families living in Oklahoma caring for children in the custody of another state.  • 1
  • (14) There is no maintenance payment after the effective date of cancellation or termination of the contract.
  • (15) A foster care maintenance payment, including a clothing voucher, is not made until final approval of the home.

(c) Maintenance payments option. The Bridge resource family may opt for a maintenance payment by OKDHS or a money payment for which the child is eligible in lieu of receiving foster home maintenance payment, per OAC 340:75-7-52.1.

(d) Cancellation of the foster care contract.  Cancellation of the foster care contract occurs when:

  • (1) the Bridge resource family fails to meet the terms and conditions of the contract. Cancellation of the contract results from:
    • (A) a felony conviction, per OAC 340:75-7-15(h)(1);
    • (B) the receipt of findings of the Oklahoma State Bureau of Investigation (OSBI) records search and Federal Bureau of Investigation (FBI) national criminal history records search when a child has been placed through kinship or in the home initially approved; or
    • (C) a serious and significant violation of the foster care contract, OKDHS rule, or law.  Serious and significant violations include, but are not limited to, behaviors by the Bridge resource parent or other person in the Bridge resource home that place the child at significant risk of harm;
  • (2) OKDHS closes a Bridge resource family home that no longer meets OKDHS requirements, per OAC 340:75-7-12; or
  • (3) the Bridge resource parent fails to implement provisions of Form 04AF023E, Written Plan of Compliance, per OAC 340:75-7-94, designed to resolve conditions that present a risk to the child and do not conform to the requirements of the foster care contract or rules, per OAC 340:75-7-52.  • 2

(e) Termination of the foster care contract.  A Bridge resource parent requests termination of the foster care contract verbally or in writing.  Verbal requests are witnessed whenever possible.

  • (1) Contract termination occurs subsequent to a request by the Bridge resource family only when there are no pending issues of concern.
  • (2) When the relationship between the Bridge resource parents is dissolved, and the person who wishes to continue providing foster care services, per OAC 340:75-7-18, is not the primary Bridge resource parent, that Bridge resource parent signs a new foster care contract.  • 2

INSTRUCTIONS TO STAFF 340:75-7-52

 

Revised 12-15-11

 

1.   Foster care maintenance payment.

(1) Foster care contract.  When the Bridge resource family assessment is approved, the resource specialist:

(A) explains the contract to the Bridge resource family;

(B) obtains each Bridge resource parent's signature on two original contracts with each Bridge resource parent's name listed on the contract;

(C) ensures both contracts have original signatures and attaches a legible copy of the primary contractor's Social Security card and driver license to each contract.  The name on the contract must be the same as the name listed on the Social Security card;

(D) ensures both contracts have the most recent Certification for Competitive Bid or Contract, found at http://www.dcs.ok.gov/, attached with, original signatures.  A separate certification is needed for each person signing the contract;

(E) faxes a vendor update request with a legible copy of the Social Security card to Finance-claims;

(F) verifies the vendor is added to the Finance screens before the contracts are submitted to Children and Family Service Division (CFSD) Foster Care Section;

(G) submits two contracts with original signatures to CFSD Foster Care Section for Oklahoma Department of Human Services (OKDHS) signature and assignment of the contract number within three working days of receipt;

(H) CFSD Foster Care Section returns one contract to the county within 15 business days; and

(I) files one contract in the resource record and provides a copy of the signed contract to the Bridge resource parent.

(2) Foster care claims.  Foster care claims are generated automatically through KIDS when the child's placement is updated.  Child Welfare staff approves the monthly claims for Bridge resource families and tribal foster families by 5:00 p.m. on the seventh day of the month.  It is imperative that placements are entered and updated timely to ensure Bridge resource families are paid accurately and timely.  The unapproved claims are monitored daily.  The claim includes:

(A) the payee's Social Security number;

(B) the payee's name and address matching the signed foster care contract; and

(C) a vendor update sent to the Finance Division for any change of name with the Social Security card.

(i) Address changes made in KIDS automatically update in Finance.

(ii) A vendor update is not sent to Finance for an address change.

2.   Cancellation or termination of the foster care contract.  When a Bridge resource parent verbally requests closure, or OKDHS cancels the Bridge resource home contract, the resource specialist:

(1) confirms the request by sending Form 04FC008E, Notice of Closure to OKDHS Foster Parents, to the Bridge resource parent; and

(2) closes the KIDS resource within thirty calendar days of the contract cancellation or termination.
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Last Updated:  12/16/2011
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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