Oklahoma Department of Human Services
Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd. • Oklahoma City, OK 73105
(405) 521-3646 • Fax (405) 521-6684 • Internet: www.okdhs.org
 
340:75-7-52. Foster care contracts and maintenance payments
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Revised 7-1-13

 

(a) Foster care contracts.  The rules in OAC 340:75-7-52 and the provisions of the foster care contract for services define the Bridge resource parent and Oklahoma Department of Human Services (OKDHS) responsibilities regarding the care of the child in a Bridge resource home.  The foster care contract is signed when each condition for approval as a Bridge resource parent is satisfied, 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.  The Bridge resource parent is eligible for foster care maintenance payments effective the date the home is approved.  The kinship Bridge resource parent is not paid retroactively to the date of the child's placement.
  • (2) Foster care maintenance payments are authorized for intervals of care provided to a child in foster care:
    • (A) placed by OKDHS; or
    • (B) by a tribe with an approved Tribal/State Agreement with OKDHS.
  • (3) The kinship Bridge resource parent may be approved for expedited maintenance payments, per OAC 340:75-7-24, on a case-by-case basis.
  • (4) The kinship Bridge resource parent who meets 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 foster care contract, per OAC 340:75-7-52(a)(1) through (3).

(b) Foster care maintenance payments.  The foster care contract authorizes foster care 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 in OKDHS custody who has extraordinary needs.

  • (1) The foster care maintenance payment is issued the month after the service is rendered.
  • (2) The OKDHS Committee on Rates and Standards authorizes the amount of the foster care maintenance payment and DOC payment rate.
  • (3) Foster care maintenance payments correspond to the child's age set out in OKDHS Appendix C-20, Child Welfare Services Rates Schedule, amended from time-to-time, as approved by the Commission for Human Services.
  • (4) The foster care maintenance payment is provided to the Bridge resource parent to address the costs of room, board, clothing, and incidentals for the child in OKDHS custody.
  • (5) The Bridge resource parent receives a clothing allowance for each child in OKDHS custody, per OAC 340:75-13-45.
  • (6) The medical expense of the child in foster care is covered through Medicaid when private insurance is not available to the child, per OAC 340:75-13.
  • (7) The foster care maintenance payment 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.  The Bridge resource parent consults a tax advisor for advice, when needed.
  • (8) Foster care maintenance payment and DOC maintenance payment rates are a fixed monthly amount as set out in OKDHS Appendix C-20.
  • (9) When a partial month of foster care service is provided, the maintenance payment begins on the child's date of entry to the Bridge resource home and concludes on the day before the child's departure from the home.  A prorated sum is paid:
    • (A) based on the number of days of service provided multiplied by the daily rate, per OKDHS Appendix C-20  (.pdf, 8 pp, 229 KB); and
    • (B) automatically by the KIDS system.
  • (10) 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.
  • (11) When a child is out of the Bridge resource home for family reunification purposes, pre-placement visits, or is a runaway for up to seven consecutive days, the Bridge resource parent receives a maintenance payment when the child is expected to return to the Bridge resource home by the end of seven business days.
  • (12) 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.
    • (A) When the child returns to the Bridge resource home for a summer vacation, the monthly rate is used.
    • (B) The days the child spends in the Bridge resource home are documented in the KIDS system, and the foster care maintenance payment is automatically generated.
  • (13) The Bridge resource parent is eligible for the foster care and DOC maintenance payment for up to 10 days during each of the child's health or behavioral health hospitalization events when the child is expected to return to the Bridge resource home.
  • (14) The foster care maintenance payment is generated by an automatic electronic filing system based on the child's placement episode in the KIDS system.
  • (15) An OKDHS foster care contract is signed by the foster parent residing in another state providing care for the child in OKDHS custody when an Interstate Compact on the Placement of Children (ICPC) placement is approved for payment, per OAC 340:75-1-86.  An OKDHS contract is not signed when the ICPC foster parent resides in Oklahoma and provides care for the child in the custody of another state.  • 1
  • (16) No foster care maintenance payment is paid after the effective date of the cancellation or termination of the contract.
  • (17) A foster care maintenance payment, including a clothing voucher is not paid until the home has been granted final approval.

(c) Maintenance payments option. The Bridge resource family may opt for a foster care maintenance payment by OKDHS or a money payment for which the child is eligible, in lieu of receiving a foster care 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 parent fails to meet the terms and conditions of the contract.  Cancellation of the contract results from:
    • (A) the foster parent or adult household member's felony conviction, per OAC 340:75-7-15(h)(1);
    • (B) concerning criminal history results pertaining to the Bridge resource parent or household member received from the Oklahoma State Bureau of Investigation (OSBI) records search and Federal Bureau of Investigation (FBI) national criminal history records search while a child is in the kinship home pending final approval; and
    • (C) a serious and significant violation of the foster care contract, OKDHS rule, or law by the Bridge resource parent or household member.  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 home that no longer meets OKDHS requirements, per OAC 340:75-7-12;
  • (3) OKDHS closes the Bridge resource home, approved for a specific child when the child is no longer in the home per OAC 340:75-7-94; or
  • (4) 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 after a request by the Bridge resource parent only when there are no pending issues of concern.
  • (2) When the relationship between the Bridge resource parents in the Bridge resource home ends due to a break-up, separation, divorce, or dissolution and the person who chooses 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 7-1-13 

 

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 the Foster Care Program Unit;

(G) submits two contracts with original signatures no later than three business days of receipt to the field manager for Oklahoma Department of Human Services (OKDHS) signature and assignment of the contract number.

(H) The Foster Care Program Unit returns one contract to the district 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 Services staff approves the monthly claims for the Bridge resource and tribal foster parent by 5:00 p.m. on the seventh calendar 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, with the Social Security card, sent to the Finance Division for any name change.

(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 of the Bridge resource home, 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 30 calendar days of the contract cancellation or termination.

 

Last Updated:  8/1/2014