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340:75-7-94. Foster care reviews

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Revised 6-1-08

(a) Concerns in a foster home. Child Welfare (CW) staff evaluates concerns with discipline practices or other issues, including, but not limited to, foster parent's judgment or supervision, at the time of observation or upon receipt of the information.

(1) CW staff evaluates and determines the need for a referral, per OAC 340:75‑3‑8.1. • 1
(2) If a child in Oklahoma Department of Human Services (OKDHS) custody is removed from a foster home during an investigation and the decision is not to return the child to the home, the CW worker:
- (A) notifies the foster family immediately by phone; and
- (B) provides the foster family, within three days of the decision, Form 04MP031E, Notice of Decision Not to Return Child After Investigation. • 2
(3) When the situation does not meet the criteria for abuse, neglect, or both, per OAC 340:75‑3, the resource specialist documents the information on Form 04AF022E, Report of Violation of Rules in an OKDHS Resource Home.

(b) Non-compliance issues. When non-compliance issues or rule violations in the foster home require remediation for continued use of the home, Form 04AF023E, Written Plan of Compliance, is initiated. Form 04AF023E is a joint effort between OKDHS and the foster family to identify the action steps for the foster family and OKDHS to ensure continued compliance of the foster home.

(1) The resource specialist initiates Form 04AF023E:
- (A) with the foster family to address issues identified as a result of an assessment or investigation, per OAC 340:75-3, or a rule violation and concern, per OAC 340:75-7-94(a); and
- (B) within ten working days of the completed investigation, if no appeal is requested, per OAC 340:75-1-12.2, or, if appealed, within ten working days after a final determination of the findings is made by Children and Family Services Division (CFSD) Appeals Section. • 3
(2) When new non-compliance issues are identified, Form 04AF023E is reviewed to determine whether additional action is warranted. If warranted, the action steps are added to the current Form 04AF023E.
(3) If the foster family disputes the identified issues and refuses to sign Form 04AF023E, the CW supervisor forwards Form 04AF023E to CFSD Foster Care Section for review. The Foster Care Section reviews and responds in writing to the CW supervisor within ten working days.
(4) When the non-compliance issue is smoking in the home or automobile while a child in OKDHS custody is present, and the foster parent refuses to comply, OKDHS may or may not:
- (A) remove the child from the home;
- (B) approve future placement of children in the foster home; and
- (C) close the home when the child leaves the foster home.

(c) Yearly re-assessments. The foster parent's performance is formally assessed yearly to evaluate strengths, identify areas needing improvement, and their compliance with the requirements by providing complete, consistent, and truthful information in a timely manner. The resource remains approved, regardless of the timeliness or findings of assessments, until there is a specific action by either party to terminate the foster care contract or close the home. • 4

(1) Re-assessments. Resource reviews:
- (A) are conducted yearly by the assigned resource specialist following initial approval of the home using Form 04FC009E, Foster Home Annual Assessment, via KIDS Resource Re-Assess screen;
- (B) are arranged at a time of convenience to foster families and conducted in the foster home. The resource specialist:
  - (i) reviews the resource record;
  - (ii) completes Form 04AF004E, House Assessment, with the foster family ensuring the home is clean and safe;
  - (iii) reviews with the foster family OKDHS Publication No. 99-17, Foster Parent Handbook, and Form 04AF021E, Verification of Receipt of OKDHS Rules;
  - (iv) explains Form 15GR008E, Notice of Grievance Rights – Foster Parents. The foster parent verifies the review of Form 15GR008E by signing;
  - (v) asks the foster parent to complete, every three years, Forms:
    - (I) 04AF010E, Resource Family Financial Assessment; and
    - (II) 04AD003E, Request for Background Check; and
  - (vi) provides Form 04AF008E, Medical Examination Report, every three years or more often if circumstances warrant; and
- (C) conform to rules per OAC 340:75-7.
(2) Review results.
- (A) The resource specialist and CW supervisor discuss any concerns identified in Form 04FC009E.
- (B) The resource specialist and foster family review Form 04FC009E, and the foster parent signs.
- (C) The CW supervisor signs and approves Form 04FC009E.
- (D) Signed copies of Forms 04FC009E and 15GR008E are provided to the foster family.
- (E) A signed copy of Form 04FC009E and attachments are filed in the resource record.
(3) Placement of children. CW workers and resource specialists:
- (A) do not place additional children until Form 04FC009E is completed;
- (B) do not move children currently placed in the home, even when the foster family fails to submit the required forms timely, per OAC 340:75‑7‑94(c)(1); and
- (C) suspend or close the home until the forms per OAC 340:75‑7‑94(c)(1) are received, if there are no children currently placed.

(d) Time frames regarding continued use or closure of a foster home. If the decision regarding the continued use or closure of the foster home is made based on the findings of an abuse or neglect investigation, action is taken within ten working days of the completed investigation if no appeal is requested or if appealed, within ten working days after the findings are reviewed by the CFSD Appeals Section and the foster home is notified of the determination of the findings. If the decision to close is based on policy violation, non-compliance, or request of the resource family, action is taken immediately to proceed with notice of closure and the resource is closed in KIDS within 30 calendar days.

(e) Closure of a foster home.

(1) The foster home is closed when services are no longer needed, including a:
- (A) kinship home when kinship children are no longer placed in the home; or • 5
- (B) jointly approved foster home for a specific child when the child leaves the home. • 6
(2) The resource specialist contacts the foster family in person or by phone to discuss closure of the foster home and provides Form 04FC008E, Notice of Closure to OKDHS Foster Parents, that explains the reason for closure. • 7
(3) Foster parents retain the right to appeal closure of the home through the fair hearing process, per OAC 340:75-1-12.6. When the local OKDHS office receives a copy of the appointment letter for the fair hearing, the resource specialist distributes one copy of Form 13MP002E, Hearing Summary, with attachments, to the appellant and authorized representative, if any, prior to the hearing date. • 8
(4) The foster care contract is either cancelled or terminated per OAC 340:75-7-52.

INSTRUCTIONS TO STAFF 340:75-7-94

Revised 6-1-08

1. Removal during an investigation or assessment. Child Welfare (CW) staff does not place children in a resource home when there is a pending Child Protective Services investigation or assessment. The assigned CW worker notifies the resource specialist when initiating an investigation or assessment of a foster home. The decision regarding future placements is discussed with the CW worker, CW supervisor, resource specialist, and resource specialist supervisor. The discussion is documented in KIDS Resource Contacts screen.

2. Removal during an investigation. If a child in Oklahoma Department of Human Services (OKDHS) custody is removed from a foster home as a result of an investigation, the CW worker staffs with the CW supervisor, who consults with the CW field liaison (CWFL) or county director, as necessary, to determine whether to:

(1) return the child to the foster home immediately; or

(2) seek a different placement for the child. If the decision is not to return the child, the CW worker making the decision:

(A) notifies the foster family of the decision immediately by phone; and

(B) provides the placement plan and the rationale behind the decision in writing via Form 04MP031E, Notice of Decision Not to Return Child After Investigation, to the foster family within three working days of the decision.

3. Written plan of compliance (WPC). When preparing Form 04AF023E, Written Plan of Compliance, the resource specialist:

(1) staffs the issues with the CW supervisor;

(2) identifies with the family action steps that are measurable;

(3) identifies a time limit geared toward the action steps. Generally, the time frame does not extend beyond 90 days;

(4) reviews the progress on the action steps at least once during the specified time frame;

(5) signs and dates Form 04AF023E, along with the foster family. The CW supervisor approves in KIDS and signs the Form 04AF023E. A signed copy is provided to the foster family;

(6) adds action steps to original Form 04AF023E when new issues of concern are identified. Signatures and dates are updated; and

(7) evaluates Form 04AF023E for completion and makes a recommendation for continued use of the foster home. Staffs the recommendation with the CW supervisor. The CW supervisor approves in KIDS and signs Form 04AF023E in regards to the resolution. The foster family and resource specialist sign and date the resolution. The original is provided to the foster family and a signed copy is filed in the resource record.

4. Re-assessments. The resource specialist and CW supervisor document the reasons for the untimely re-assessment in the KIDS Resource Contacts screen. Documents included in the resource case for a re-assessment are:

(1) signed and dated Form 04FC009E, Foster Home Annual Assessment;

(2) copy of the current driver license;

(3) copy of the current insurance verification on each vehicle, which must be in the file at all times;

(4) signed and dated Form 04AF004E, House Assessment;

(5) signed and dated Form 04FC003E, Notice to Foster Parent Applicant(s);

(6) signed and dated Form 15GR008E, Notice of Grievance Rights – Foster Parents;

(7) documentation of rabies vaccination for applicable animals by a licensed veterinarian;

(8) completed, signed, and dated Form 04AF007E, Records Check; and

(9) every three years, Forms 04AF008E, Medical Examination Report, 04AF010E, Resource Family Financial Assessment, and 04AD003E, Request for Background Check. If these forms are due in less than 12 months, they are obtained at the re‑assessment.

5. Kinship resources. The resource specialist explores with the kinship family whether they wish to continue as a foster home, if applicable, per OAC 340:75‑7-19. If they wish to continue as a foster home, a new resource is opened in KIDS as Type - CW Foster Family.

6. Joint approved resources. Personal contact allows the resource specialist an opportunity to assess the joint approval process again. The resource specialist places no other children in the home unless a child meets the criteria, per OAC 340:75-7-19.

7. Reason for closure. The resource specialist documents the action in KIDS and the resource record.

(1) Personal contact with the foster family may clarify the reason for the closure.

(2) The resource specialist discusses the reason for closure and makes every effort to resolve any concerns or misunderstandings of the foster family and the circumstances are fully and truthfully explained to the foster family.

8. Closure process.

(1) Notice of closure. The resource specialist completes Form 04FC008E, Notice of Closure to OKDHS Foster Parents, by:

(A) describing the reason for closure of the home in clear and concise language;

(B) detailing any OKDHS requirements that the foster home does not meet and attaching copies of the relevant OKDHS rules, laws, or foster care contract; and

(C) mailing or hand-delivering the original Form 04FC008E to the foster family and filing a copy in the resource record.

(2) Closure summary. The resource specialist writes in clear and concise language a summary outlining the reason for closure that includes the foster family's performance history and a recommendation regarding future consideration of the foster family providing care.

(3) Fair hearing. The resource specialist prepares a fair hearing summary by completing Form 13MP002E, Hearing Summary, per OAC 340:2‑5. When preparing Form 13MP002E, the resource specialist:

(A) clarifies the issue. Why is the home being closed?;

(B) briefly describes the action taken, the facts supporting the action, and the information relied upon in taking the action;

(C) documents:

(i) number of children the family has cared for since certification;

(ii) number, type, and outcome of referrals and rule violation episodes that occurred during the foster family's tenure or association with OKDHS; and

(iii) whether the foster family requested an appeal of the findings of any investigation and, if so, the outcome;

(D) describes the WPC history and results;

(E) lists all training the foster family has completed and dates of completion;

(F) attaches supporting documentation, such as the foster care contract, Form 04FC008E, and Form 04AF021E, Verification of Receipt of OKDHS Rules, to support the OKDHS decision to close the foster home.

(i) Form 04KI003E, Report to District Attorney, is not used in the fair hearing process unless the administrative hearing officer (AHO) presiding over the hearing orders it disclosed, after an in camera review and based upon a finding of compelling reasons.

(ii) If Form 04KI003E is disclosed, the CW worker redacts the name of the reporting party prior to giving Form 04KI003E to the AHO;

(G) submits original Form 13MP002E to the Legal Division Appeals Unit;

(H) reviews OAC 340:2-5 regarding the administrative hearing process; and

(I) informs the CW worker who completed the child abuse or neglect investigation and CW supervisor of the hearing. The CW worker must attend the fair hearing. If the CW worker is no longer employed by OKDHS, the CW supervisor or county director must attend the hearing.

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