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

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Revised 6-1-08

Child Welfare (CW) staff arranges services that address the needs of foster parents as well as children in foster care. Foster parent needs are assessed as a component of treatment planning for each child in foster care and appropriate services are recorded on Form 04KI005E, Placement Plan. 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.

(1) Child care paid by OKDHS.
- (A) Foster care. Services available to foster families include child care when both foster parents in a foster home are employed 20 hours a week or more and have the same work hours or when only one foster parent works and the other foster parent has a significant disability that precludes employment. • 1
  - (i) Child care must be provided:
    - (I) in a licensed and contracted child care center or home; or
    - (II) by an approved in-home provider who cares for the child at the foster parent's home, per OAC 340:40‑13-1 and 340:40-13-2.
  - (ii) The foster parent may request approval for child care by contacting the child's CW worker.
  - (iii) Child care paid by Oklahoma Department of Human Services (OKDHS) must be approved before payment may occur. • 2
  - (iv) Shelter host homes foster parents may be approved for child care paid by OKDHS.
  - (v) Contracted emergency foster care agencies may request, on a case‑by‑case basis, approval from Children and Family Services Division (CFSD) Foster Care Section to access child care.
  - (vi) The foster parent must provide written verification of gainful employment that includes 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
    - (III) the foster parent's licensing specialist confirms this.
- (B) Family Support Services Division (FSSD). Child care may be available through local OKDHS FSSD staff for child care, per OAC 340:40, to:
  - (i) tribal foster parents providing care for children in tribal custody;
  - (ii) foster parents who have finalized an adoption on a foster child;
  - (iii) non-paid foster parents who are caring for children in OKDHS custody; and
  - (iv) children in the custody of another state placed in a kinship home through the Interstate Compact on the Placement of Children (ICPC).
(2) Foster care child care not paid by OKDHS. Foster care child care is not paid when the:
- (A) child is placed in therapeutic foster care;
- (B) foster parent has an ownership interest in the child care center;
- (C) foster parent owns the child care home that the child attends;
- (D) foster parent attends school or participates in training;
- (E) foster parent chooses ineligible child care providers, per OAC 340:40‑5‑1; • 3
- (F) foster parent chooses more than one child care provider to provide service to a child on the same day;
- (G) foster parent's hours of employment interfere with the provision of suitable family life; or
- (H) foster parent makes informal arrangements for child care.
(3) Child care services for a child with disabilities. Refer to OAC 340:75‑6‑91.
(4) Electronic benefit transfer (EBT) responsibilities. Refer to OAC 340:40-10 for information regarding the EBT system that includes the manual claim process. Foster parent responsibilities include:
- (A) watching the EBT training video;
- (B) signing Form 08MP001E, Request for Benefits and Services;
- (C) swiping the EBT card every day the child attends child care;
- (D) not swiping the EBT card for any day the child does not attend child care;
- (E) checking the message on the point of service (POS) machine for correct times of attendance and approval;
- (F) not giving the EBT card or personal identification number (PIN) to anyone, including the child care provider; and
- (G) paying for care that OKDHS does not pay because:
  - (i) the EBT card was not swiped for the correct days and times the child attended child care;
  - (ii) swipes were denied and not corrected within ten days; or
  - (iii) 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.
(5) 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. • 4
(6) 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. • 5
(7) Informal arrangements or babysitting. Foster parents may make informal care arrangements with friends, neighbors, or relatives for the occasional care of children, including before and after school hours.
- (A) The foster parent ensures that informal care providers possess the maturity and skills to address the needs of the child in foster care.
- (B) The foster parent secures prior authorization for informal care from the child's CW worker.
- (C) The resource specialist considers whether the needs of the child can be met in informal care.
- (D) Prior authorization may apply to multiple events using the same informal provider.
- (E) A person younger than 18 years of age living outside of the home may not be an informal provider.
- (F) An informal provider living in the home must be at least 16 years of age and related to the foster parent.
- (G) Informal providers must be notified how to reach the foster parent and other emergency contacts.
- (H) The foster parent does not permit a child in OKDHS custody to babysit a younger child, unless approved by the child's CW worker. • 6
- (I) The foster parent:
  - (i) may allow the child in OKDHS custody overnight stays with friends of the child;
  - (ii) knows the family;
  - (iii) reasonably believes the family and all people in the household are safe for the child to have a relationship with;
  - (iv) exchanges contact information, including name, address, and phone number; and
  - (v) uses the same discretion as to the safety and well-being of the child as with the foster parent's own child.
(8) Alternate care. The foster 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 foster 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: • 7
- (A) submit to a background assessment by Oklahoma State Bureau of Investigation (OSBI), per OAC 340:75-7-15;
- (B) submit to a CW records search for past confirmations of child maltreatment involving the alternate provider, per OAC 340:75-7-15;
- (C) 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;
- (D) engage in an evaluation of the home to assess the location, condition, and capacity to accommodate the child in foster care;
- (E) provide one reference on Form 04AF026E, Alternate Caregiver Reference Letter; and
- (F) comply with discipline policy, per OAC 340:75-7-38, and confidentiality policy, per OAC 340:75-1-42.
(9) Insurance for foster homes. Liability insurance is provided for foster families for damages incurred by children in OKDHS custody pursuant to the terms of the policy. Questions related to foster parent liability insurance are referred to the designated insurance company. • 8
(10) Foster care associations. OKDHS cooperates with and promotes the development of foster care associations for foster parents in each county. OKDHS provides names and addresses of foster families, who have provided written authorization for the release of this information, to persons who are developing a local foster care association. • 9
(11) Foster parent hotline. The foster parent hotline, 1-800-376-9729, is maintained by the CW foster parent liaison in the Office of Information and Referral. The foster parent liaison assists with problem resolution, policy clarification, and grievance information.
(12) Foster parents' rights. Foster parents' rights are found in Section 7206.1 of Title 10 of the Oklahoma Statutes. Information shared among CW staff, foster parents, and parents includes, but is not limited to:
- (A) the child's legal status;
- (B) upcoming court hearings;
- (C) reason for foster care placement;
- (D) the child's and parent(s)' prior and present living experiences; and
- (E) the child's medical, psychological, and behavioral information, current photographs, and educational records.
(13) Foster care grievance procedures. Foster parents and children in foster care have access to OKDHS grievance procedures through the Office of Client Advocacy, per OAC 340:2-3.
(14) Foster care mediation program. Foster parents have access to the foster care mediation program through the Oklahoma Commission on Children and Youth (OCCY), per OAC 340:75-1-12.8.
(15) Timely response to questions or needs. OKDHS staff commits to responding to foster families' questions and inquiries within one working day. The resource specialist is the key person to provide necessary information to the foster family.
(16) Information relevant to fostering. Pre-service and in-service training is provided to enhance the foster family's skills, ability to foster, and interests. A quarterly newsletter is sent to all foster families informing of OKDHS, related issues, and articles with relevant information.

INSTRUCTIONS TO STAFF 340:75-7-65

Revised 6-1-08

1. Foster parent with a significant disability. Medical documentation from the primary physician regarding the foster parent's disability is required and documented in the child's KIDS case and resource record. The Child Welfare (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.

2. Approval process for child care. When the foster 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) prints rights and responsibilities listed on Form 08MP001E, Request for Benefits and Services, from the child's KIDS Child Care screen, reviews with the foster family, and secures the foster parent's signature; and

(E) files Form 08MP001E in the resource record.

3. Child care in a one star center.

(1) The child's CW worker documents in KIDS Child Care screen and the CW supervisor approves the child care request when there are no one star plus, two, or three star centers in the community.

(2) The exceptions for child care, per OAC 340:75-7-65, are documented by the child's CW worker and approved by the CW supervisor in KIDS Child Care screen.

(3) Exceptions 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 foster parent a list of all contracted one star plus, two star, and three star centers and all contracted child care homes that meet the foster parent's search criteria;

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

(iii) prints a list of all military base or out‑of-state contracted providers bordering the county, if applicable, from Outlook Public Folder/All Public Folders/STO.Child Care/Subsidy/Out of State/Military folder; and

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

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

(C) The CW supervisor:

(i) reviews the foster parent's notes, if the foster 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 an exception was granted and the reasons.

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

(A) has an opening during the times care is needed. For example, the foster 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 foster parent's home.

(5) If the CW supervisor agrees that an exception is warranted per OAC 340:75-7-65 Instructions to Staff 3(4), the child's CW worker gives the foster parent a list of one star center providers. If the foster parent finds a one star center that meets the foster family's needs, payment may be approved for child care at that facility.

4. 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 mental 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 that 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 mental health professional. The memo includes the:

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

(B) name of the 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 mental health professional recommending therapeutic child care;

(F) name of the foster 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.

5. Repayment of child care services. Oklahoma Department of Human 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.

6. Babysitting. The CW worker and the foster parent discuss in-depth the situation before a person, particularly a teen, babysits a child in OKDHS custody. The discussion helps assess the appropriateness of the person assuming responsibility for the child and ensures that the child's needs and well-being are considered.

7. Alternate care. The resource specialist:

(1) makes personal contact with the alternate provider to determine the person's ability and willingness to provide temporary short‑term care.

(A) The resource specialist identifies the alternate provider at the time of initial assessment to facilitate future placement if a need is identified.

(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 (OSBI) name search, Department of Public Safety check, Sex Offenders Registry check, OKDHS records review, including CW records, and Juvenile Justice Information System (JOLTS) 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) 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;

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

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

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

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

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