(a) Foster care contracts.  The rules in OAC 340:75-7-52 and the provisions of a contract for services define the responsibilities of foster parents and Oklahoma Department of Human Services (OKDHS) regarding the care of children in a foster 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.  Foster and kinship parents are eligible for foster care reimbursement effective the date the home is approved.  Kinship parents are not paid retroactive to date of placement.
• (2) Reimbursements 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 families may be approved for expedited reimbursements, per OAC 340:75-7-24.
• (4) Kinship 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 reimbursement.  The foster care contract authorizes reimbursement to offset the cost of each child's care and a difficulty of care (DOC) reimbursement to address the additional expense of caring for a child with extraordinary needs.  The foster care reimbursement is paid the month after the service is rendered.  The OKDHS Committee on Rates and Standards authorizes the amount of reimbursement available through the foster care reimbursement and DOC payment rate, per OAC 340:75-7-53.

• (1) Foster care reimbursements correspond to the child's age set out in OKDHS Appendix C-20, Children and Family Services Division Rates Schedule, as amended from time to time, as approved by the Commission for Human Services.
• (2) Foster care reimbursements are provided to address the costs of room, board, clothing, and incidentals.
• (3) Foster 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) Reimbursement 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.  Foster parents may consult their own tax advisor for advice.
• (6) Foster care reimbursement and DOC reimbursement rates are a fixed monthly amount.
• (7) When a partial month of foster care service is provided, reimbursement 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.
• (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 foster home for family reunification purposes, pre-placement visits, or is absent without leave (AWOL) for up to seven consecutive days, the foster parent receives reimbursement if the child is expected to return to the foster home at the end of the seven days.   
• (10) The foster parent is eligible for prorated foster care reimbursement and DOC reimbursements 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 foster home for weekends or school vacations.  When the child returns to the foster home for a summer vacation, the monthly rate is used.
• (11) The foster parent is eligible for foster care reimbursement and DOC reimbursement 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 foster parent misconduct contributing to the event.
• (12) The foster care reimbursement is an automatic electronic filing system based on the child's placement episode in the KIDS system.
• (13) A 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.  No foster care contract is signed for ICPC foster families living in Oklahoma caring for children in the custody of another state.   • 1
• (14) There is no reimbursement after the effective date of cancellation or termination of the contract.

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

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

• (1) the foster 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 foster parent or other person in the foster home that place the child at significant risk of harm;
• (2) OKDHS closes a foster family home that no longer meets OKDHS requirements, per OAC 340:75-7-12; or
• (3) the foster 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 with the requirements of the foster care contract or rules, per OAC 340:75-7-52.  • 2

(e) Termination of the foster care contract.  A foster 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 foster family only when there are no pending issues of concern.
• (2) When the relationship between the foster parents is dissolved, and the person who wishes to continue providing foster care services, per OAC 340:75-7-18, is not the primary foster parent, that foster parent signs a new foster care contract.  The child is not removed from the home during contract transition when the foster parent is determined fit and continued placement is in the child's best interests.