OKDHS - OAC 340:75-7-65. Foster care child care and supportive services

340:75-7-65. Foster care child care and supportive services

Back

|

Next

• 1 through • 11

Revised 7-1-11

(a) Child care services for children in Oklahoma Department of Human Services (OKDHS) and tribal custody. • 1 through • 3

Child care services, paid by OKDHS Child Welfare (CW), for a child in OKDHS or tribal custody are available when:

(1) both resource parents in a resource home are employed 20 hours a week or more;
(2) have the same work hours; or
(3) one resource parent works and the other resource parent has a significant disability that precludes providing care for the child; and
(4) the resource is a:
- (A) paid or non-paid Bridge resource family, when authorized by the child's CW worker;
- (B) tribal foster family providing care for a child in tribal custody in a paid or non-paid placement, when authorized by the tribal liaison;
- (C) contract foster parent, when authorized by the county of service;
- (D) shelter host home, when authorized by the county of service; or
- (E) contracted emergency foster care home, on a case-by-case basis, with approval from Children and Family Services Division (CFSD) Foster Care Section;
- (F) child care is provided:
  - (i) in a licensed and contracted child care center or home with a one star plus or higher star level;
  - (ii) in a licensed and contracted child care home regardless of star level; or
  - (iii) by an approved in-home provider who cares for the child at the foster parent's home, per OAC 340:40-13-2.
- (G) child care is approved before payment occurs; and
- (H) the foster parent provides written verification of gainful employment including the number of hours and days the foster parent works. In a foster family, when one foster parent works days and the other foster parent works during normal night time sleep hours, refer to OAC 340:40-7-7 and 340:40-7-8. When the foster parent operates a child care home, the child in foster care is only approved to attend an out-of-home child care home or center when:
  - (i) the foster parent's child care home consistently operates at licensed capacity;
  - (ii) caring for the child during business hours will place the foster parent over licensed capacity and the foster parent's licensing specialist provides confirmation.

(b) Child care services available through Family Support Services Division (FSSD). Child care may be available through local OKDHS FSSD staff for child care, per OAC 340:40, to:

(1) foster parents who have finalized an adoption of a foster child;
(2) a child in tribal custody placed by the tribe in a home that has no resource case in KIDS; and
(3) children in the custody of another state placed in a kinship home in Oklahoma through the Interstate Compact on the Placement of Children (ICPC).

(c) Foster care child care services not paid by OKDHS. Foster care child care is not paid by OKDHS when the:

(1) child is placed in therapeutic foster care;
(2) foster parent has an ownership interest in the chosen child care center;
(3) foster child attends a family child care home in which the child lives unless:
- (A) the child care home provided child care to the child immediately prior to the foster care placement; and
- (B) it is in the best interests of the child to remain in the kinship provider’s child care home;
(4) foster parent works in the child care home during the same hours the child attends;
(5) foster parent attends school or participates in training; • 4
(6) foster parent chooses a child care:
- (A) facility that does not have a valid contract with OKDHS;
- (B) facility in which the client or his or her spouse, including the child’s parent or stepparent, has an ownership interest;
- (C) home in which the child resides; or
- (D) home in which the client also works during the hours his or her child is in care;
(7) foster parent chooses more than one child care provider to provide service to a child on the same day;
(8) foster parent's hours of employment interfere with the provision of suitable family life;
(9) foster parent makes informal arrangements for child care;
(10) provider does not allow parental access during the hours the provider is caring for children;
(11) provider is receiving state or federal funds, such as Head Start, Early Head Start, or public schools and is not charging all parents for the hours subsidy payment is requested;
(12) provider caring for a school age child during the regular school day when such student could be attending a public or private school during those hours; or
(13) center is a one star facility, unless there are no centers with a higher star status in the community or special exception criteria are met. Special exception criteria are:
- (A) the child had approval for care at the one star center prior to January 1, 2003 or prior to a reduction of the provider's star status to one star. The child may remain at the facility unless the child stops attending the center for more than 30 calendar days for reasons related to school breaks or related to circumstances beyond the family’s control, such as the child’s illness;
- (B) care is requested for a child living in the same home as a child already approved for care as described in (A) of this paragraph; and
- (C) the parent or guardian demonstrates there is no other child care option that meets the family's needs. • 5

(d) Child care services for a child with disabilities. Refer to OAC 340:75-6-91 for procedures related to child care services for a child with disabilities.

(e) Foster parent's responsibility for electronic benefit transfer (EBT). Refer to OAC 340:40-10 for information regarding the EBT system that includes the manual claim process. Foster parent responsibilities for EBT include:

(1) watching the EBT training video;
(2) signing Form 04MP042E, Application for Child Welfare Child Care Benefits;
(3) swiping the EBT card every day the child attends child care;
(4) not swiping the EBT card for any day the child does not attend child care;
(5) checking the message on the point of service (POS) machine for correct times of attendance and approval;
(6) not giving the EBT card or personal identification number (PIN) to anyone, including the child care provider; and
(7) paying for care that OKDHS does not pay because:
- (A) the EBT card was not swiped for the correct days and times the child attended child care;
- (B) swipes were denied and not corrected within ten days; or
- (C) the provider loses the weekly rate payment for absent days because the correct attendance for every day the child attended that month was not swiped.

(f) Therapeutic child care services. Therapeutic child care services are paid by OKDHS when recommended by a mental health professional and supporting documentation is provided. Prior authorization from CFSD Administrative Services Unit (ASU) is required. ASU makes the determination of the availability of funds. • 6

(g) Overpayment of child care. OKDHS seeks repayment for any child care paid in error to a licensed child care center, home, or professional in the foster parent's own home. The foster parent is responsible for reimbursing these costs to the child care provider when overpayment occurs due to the foster parent's ineligibility for child care paid through OKDHS. • 7

(h) Informal arrangements or babysitting. Bridge resource parents may make informal care arrangements with friends, neighbors, or relatives for the occasional care of a child for less than 12 hours at a time on an irregular basis, including before and after school hours.

(1) The Bridge resource parent ensures informal care providers possess the maturity and skills to address the needs of the child in foster care.
(2) The foster parent secures prior authorization for informal care from the child's CW worker.
(3) The resource specialist considers whether the needs of the child can be met in informal care.
(4) Prior authorization may apply to multiple events using the same informal provider.
(5) A person younger than 18 years of age living outside of the home may not be an informal provider.
(6) An informal provider living in the home must be at least 16 years of age. The CW worker and the Bridge resource parent discuss the situation in-depth before a person, particularly a teen, babysits a child in OKDHS custody. The discussion assists in assessing the appropriateness of the person assuming responsibility for the child and ensures the child's needs and well-being are considered.
(7) Informal providers must be notified how to reach the Bridge resource parent and other emergency contacts.
(8) The Bridge resource parent may allow the child in OKDHS custody overnight stays with friends of the child when the Bridge Resource Parent:
- (A) knows the family;
- (B) reasonably believes the family and all people in the household are safe for the child to have a relationship with;
- (C) exchanges contact information, including name, address, and phone number; and
- (D) uses the same discretion as to the safety and well-being of the child as the foster parent would with his or her own child.

(i) Alternate care. The Bridge resource family is required to identify an alternate provider who can care for the child in case of family emergencies, family vacations, or when the family needs a break. The alternate provider may be used for periods of time over 12 hours at a time on an irregular basis. The Bridge resource family is responsible for identifying an alternate provider and reimbursing the alternate provider. The alternate provider must be at least 21 years of age and willing to: • 8

(1) submit to a background assessment by Oklahoma State Bureau of Investigation (OSBI), per OAC 340:75-7-15;
(2) submit to a CW records search for past history of child maltreatment involving the alternate provider, per OAC 340:75-7-15;
(3) submit to a search of Juvenile Justice Information System (JOLTS) records for any child older than 13 years of age living in the house, per OAC 340:75-7-15;
(4) engage in an evaluation of the home to assess the location, condition, and capacity to accommodate the child in foster care;
(5) provide one reference on Form 04AF026E, Alternate Caregiver Reference Letter; and
(6) comply with discipline policy, per OAC 340:75-7-38, and confidentiality policy, per OAC 340:75-1-42.

(j) Insurance for Bridge resource homes. Liability insurance is provided for Bridge resource families for damages incurred by children in OKDHS custody pursuant to the terms of the policy. Questions related to Bridge resource parent liability insurance are referred to the designated insurance company. Bridge resource parents are responsible for the deductible. • 9

(k) Foster care associations. OKDHS cooperates with and promotes the development of foster care associations for Bridge resource parents in each county. OKDHS provides names and addresses of Bridge resource families, who have provided written authorization for the release of this information, to persons who are developing a local foster care association. • 10

(l) Foster parent helpline. The foster parent helpline, 1-800-376-9729, is maintained by the CW foster parent liaison. The foster parent liaison assists with problem resolution, policy clarification, and grievance information.

(m) Foster parents' rights. Foster parents' rights are found in Section 1-9-119 of Title 10A of the Oklahoma Statutes.

(n) Shared information. Information shared among CW staff, foster parents, and parents includes, but is not limited to:

(1) the child's legal status;
(2) upcoming court hearings;
(3) the reason for foster care placement;
(4) the child's and parent(s)' prior and present living experiences; and
(5) the child's medical, psychological and behavioral information, current photographs, and educational records.

(o) Foster care grievance procedures. Bridge resource parents and children in foster care have access to OKDHS grievance procedures through the Office of Client Advocacy, per OAC 340:2-3.

(p) Foster care mediation program. Bridge resource parents have access to the foster care mediation program through the Oklahoma Commission on Children and Youth (OCCY), per OAC 340:75-7-291.

(q) Information relevant to fostering. Pre-service and in-service training is provided to enhance the Bridge resource family's skills, ability to foster, and interests. An informative quarterly newsletter is sent to OKDHS foster families.

(r) Travel reimbursement. Bridge resource parents may be reimbursed for three trips per child per month for mileage incurred when providing transportation to a child in OKDHS custody placed in the Bridge resource home. Reimbursement may occur when the:

(1) CW worker is required to provide transportation for the child if not provided by the Bridge resource parent, including:
- (A) visits with parent(s);
- (B) visits with a sibling;
- (C) court hearings; or
- (D) medical, behavioral health, dental, or vision appointments;
(2) round trip for the single event is in excess of 25 miles; or
(3) trip is documented on Form 10AD006E, Travel Claim, provided by a CW worker, and processed through the OKDHS office in the county of jurisdiction each month. • 11

INSTRUCTIONS TO STAFF 340:75-7-65

Revised 7-1-11

1.   (a) Addressing Bridge resource parents' needs. Child Welfare (CW) staff arranges services that address the needs of Bridge resource parents as well as children in foster care. Bridge resource parent needs are assessed as a component of treatment planning for each child in foster care and appropriate services are recorded on Form 04KI005E, Child's Individualized Service Plan (ISP). Service delivery and effect are monitored monthly to ensure intended effects. Form 04KI005E is modified as necessary to address the evolving needs of foster parents.

(b) Timely response to questions or needs. Oklahoma Department of Human Services (OKDHS) staff commits to responding to Bridge resource families' questions and inquiries within one working day. The resource specialist is the key person to provide necessary information to the Bridge resource family.

2.   Bridge resource parent with a significant disability. Medical documentation from the primary physician regarding the Bridge resource parent's disability is required and documented in the child's KIDS case and resource record. The CW worker and supervisor evaluate the need for child care every six months and document the need in the child's KIDS case and resource record.

3.   Approval process for child care. When the Bridge resource parent contacts the resource specialist to request child care:

(1) the resource specialist notifies the child's CW worker of the need for child care and provides information about local resources; and

(2) the child's CW worker:

(A) assesses the child to determine whether the child's needs can be met in a child care setting;

(B) refers to the Child Care and Child Care EBTU How To's in KIDS/Help/How To's;

(C) enters the request for child care in KIDS Child Care screens within 48 hours of the request, no exceptions allowed;

(D) completes Form 04MP042E, Application for Child Welfare Child Care Benefits, reviews with the Bridge resource family, and secures the Bridge resource parent's signature; and

(E) files the signed form in the resource record.

4.   School or training is ineligible purpose for OKDHS paid child care services. Foster parents who are ineligible for foster care child care because they attend school or participate in training are not referred to Family Support Services to apply for child care benefits.

5.   Exceptions for use of a one star center.

Exceptions for use of a one star center may be granted on a case-by-case basis by the CW supervisor. Prior to granting an exception, the procedures in this paragraph are completed.

(A) The child's CW worker:

(i) provides the Bridge resource parent a list of all contracted one plus or higher star centers and all contracted child care homes that meet the Bridge resource parent's search criteria.

(I) The resource parent is not required to use a one plus or higher star child care home before considering a one star center.

(II) When there are no one star plus or higher star centers in the community, the list provided to the resource parent includes one star centers.

(III) An exception is not required when a one star center is the only available center in the community;

(ii) uses Child Care Locator, available on the Infonet under OKDHS Tools, to generate this list; and

(iii) instructs the Bridge resource parent to contact all providers on the Child Care Locator list to see if care is available during the hours needed.

(B) The Bridge resource parent notes on the list why care is not available at any of these locations or why they did not meet the Bridge resource parent's needs.

(C) The CW supervisor:

(i) reviews the Bridge resource parent's notes when the Bridge resource parent does not find a provider from those on the list, to determine whether to grant an exception; and

(ii) documents in KIDS Child Care screen whether or not an exception was granted and the reasons.

(4) Exceptions may be granted when none of the providers on the Bridge resource parent's list:

(A) has an opening during the times care is needed. For example, the Bridge resource parent works during the evening or overnight and no one else provides care during those hours;

(B) is willing to meet the special needs of the child. For example, the provider is unable to meet the needs of a child with disabilities or provide transportation to and from the child's school; or

(C) is within a reasonable distance from the Bridge resource parent's home.

(5) When the CW supervisor agrees an exception is warranted per Instructions to Staff #4 (4) of this Section, the child's CW worker gives the Bridge resource parent a list of one star center providers. When the Bridge resource parent finds a one star center that meets the Bridge resource family's needs, payment may be approved for child care at that facility.

6.    Therapeutic child care.

(1) The child's CW worker requests approval for therapeutic child care on a case-by-case basis when:

(A) a letter from a behavioral health professional provider documents the:

(i) goal for the child;

(ii) therapy needed to reach the goal; and

(iii) expected time frame for this treatment; and

(B) the child's CW worker staffs the case with the CW supervisor and resource specialist, and all agree therapeutic child care is required.

(2) The child's CW worker provides a memo to Children and Family Services Division Administrative Services Unit (ASU), along with the letter from the behavioral health professional. The memo includes the:

(A) name of the child requiring the service and case name;

(B) name of the therapeutic child care facility;

(C) number of hours to be used per day;

(D) number of days to be used per week;

(E) name of the behavioral health professional recommending therapeutic child care;

(F) name of the Bridge resource parent; and

(G) reason for therapeutic child care.

(3) Upon determination, ASU sends a memo notifying the child's CW worker of the approval, with specific instructions regarding payment of services.

(4) The child's CW worker documents all circumstances and actions in KIDS Contacts screen. No service line is entered in KIDS Child Care screen.

7.   Repayment of child care services. OKDHS seeks repayment for any child care paid in error. The child's CW worker writes a memo to Finance Division that includes:

(1) the child's case name and number;

(2) the name and date of birth of the child who received care;

(3) a short summary of the circumstances that led to the potential overpayment, including the original and new family share co-payment amounts, if applicable;

(4) the time period covered by the overpayment; and

(5) whether the overpayment was caused by agency, client, or provider error, per OAC 340:40-15-1 and 340:75-1-27.

8.   Alternate care. The resource specialist:

(1) obtains the name of the alternate provider at the time of initial assessment to facilitate future placement if a need is identified.

(A) The resource specialist makes personal contact with the alternate provider to determine the person's ability and willingness to provide temporary short-term care and determines if the alternate provider may experience the same family emergencies as the Bridge resource family.

(B) The person recommended to provide temporary care, such as a relative or close friend, must be at least 21 years of age;

(2) completes the Oklahoma State Bureau of Investigation name search, Department of Public Safety check, Sex Offender Registry check, OKDHS records review, including CW records, and Juvenile Justice Information System of all children older than 13 in the home. The results are documented on Form 04AF007E, Records Check, and filed in the resource record;

(3) obtains a copy of the prospective alternate provider's driver license;

(4) completes Form 04AF004E, House Assessment, and obtains sufficient information, including a recommendation from one reference for the provider on Form 04AF026E, Alternate Caregiver Reference Letter;

(5) makes a decision to approve or disapprove the alternate provider after assessing the information obtained and consultation with the CW supervisor; and

(6) informs the Bridge resource parent of the decision and records all related information in KIDS Resource Contacts screen and the resource paper record.

9.   Foster Parent Liability Insurance. The resource specialist provides the current information about the liability insurance to the Bridge resource family. To access information about the liability insurance call Aspen Specialty Insurance at (617) 532-7358.

10. Foster care associations. The Bridge resource parent's written permission is filed in the resource paper record and documented in KIDS Resource Contacts screen.

11. Travel Reimbursement. The CW worker submits the approved Form 10AD006E, Travel Claim, and Form 10AD061E, Travel Claim Supplement, directly to Finance claims.

Back

|

Next