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Oklahoma Department of
Human Services
Stronger Families Grow
Brighter Futures
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
 
 
 
340:75-7-94. Resource home reviews
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Revised 3-26-10

 

(a) Non-compliance or rule violations in resource home.  • 1 through 10  When rule violations or non-compliance issues that occur in the foster home require remediation for continued use of the home, Form 04AF023E, Written Plan of Compliance, is initiated.

(b) Yearly re-assessments of resource home.   The foster parent's performance is formally assessed yearly to evaluate strengths, identify areas needing improvement, and their compliance with the requirements per OAC 340:75-7-12(b) by providing complete, consistent, and truthful information in a timely manner.

(c) Closure of a foster home.  • 5 through 7  The foster home is closed when:

  • (1) services of the particular foster home are no longer needed;
  • (2) kinship children are no longer placed in the kinship home;
  • (3) the child leaves a foster home jointly approved for that specific child;
  • (4) the foster parent requests closure; or
  • (5) there are unresolved non-compliance issues related to a rule or a written plan of compliance, including but not limited to failure of the foster parents to meet the initial screening and requirements per OAC 340:75-7-12.

(d) Fair hearing. Foster parents retain the right to appeal closure of the home through the fair hearing process, per OAC 340:75-1-12.6.

 

INSTRUCTIONS TO STAFF 340:75-7-94 

 

Revised 12-15-11

 

1.   Safety and compliance concerns in a Bridge resource home.

(1) Child Welfare (CW) staff evaluate safety or compliance concerns in the Bridge resource home at the time of observation or when information is received including, but not limited to:

(A) discipline practices;

(B) the Bridge resource parent's judgment or supervision; or

(C) concerns or issues that affect the safety of, or placement stability for, the child placed in the resource home.

(2) CW staff evaluate and determine the need for a child abuse and neglect referral, per OAC 340:75-3-8.1.

(3) When the concerns do not meet the criteria for abuse or neglect, per OAC 340:75-3, the resource specialist documents the information on Form 04AF022E, Report of Violation of Rules in an OKDHS Resource Home.

(4) The resource specialist assesses the concerns and takes action within 10 business days from the date the concerns were reported.

2.   Written Plan of Compliance.  When non-compliance issues or rule violations in the Bridge resource home require remediation for continued use of the home, Form 04AF023E, Written Plan of Compliance, is initiated to control the safety of, and placement stability for, the child in Oklahoma Department of Human Services (OKDHS) custody placed in the resource home.  The written plan of compliance is a joint effort between OKDHS and the Bridge resource parent to identify action steps the resource parent and OKDHS can take to bring the resource home into compliance.

(1) The resource specialist uses Form 04AF023E to develop the written plan with the foster parent to address issues regarding rule violations and concerns, per OAC 340:75-7-94(a).

(2) When a written plan of compliance is in effect and new non-compliance issues are identified, Form 04AF023E is reviewed to determine whether additional action is warranted.  When necessary, additional action steps are added to the current written plan of compliance.

(3) When the resource parent 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 business days.

(4) When non-compliance issue regards smoking in the home or automobile while a child in OKDHS custody is present and the resource parent refuses to comply, OKDHS may, on a case-by-case basis:

(A) remove the child from the home;

(B) approve future placement of children in the resource home; or

(C) close the home when the child leaves the resource home.

3.   Preparing the written plan of compliance.  When developing, preparing, and executing Form 04AF023E the resource specialist:

(1) staffs the issues with the CW supervisor;

(2) in conjunction with the Bridge resource parent, identifies measurable action steps;

(3) identifies a time limit, generally not exceeding 90 days;

(4) reviews the progress on each action step at least once during the specified time requirement;

(5) obtains each resource parent's signature on Form 04AF023E;

(6) signs and dates Form 04AF023E and submits the form to the CW supervisor for approval.  The CW supervisor approves the plan of compliance in KIDS and signs Form 04AF023E;

(7) provides a copy of Form 03AF023E with each required signature to the resource parent;

(8) adds action steps to the current written plan of compliance on Form 04AF023E when new issues of concern are identified;

(9) updates signatures and dates when new action steps are added; and

(10) evaluates Form 04AF023E for completion and makes a recommendation regarding continued use of the foster home and staffs the recommendation with the CW supervisor.

(A) The CW supervisor approves the recommendation and resolution in KIDS and by signing Form 04AF023E.

(B) Each Bridge resource parent and the resource specialist sign and date the resolution.

(C) Original Form 04AF023E is provided to the Bridge resource parent and a signed copy is filed in the resource record.

4.   Investigation of a Bridge resource home.

(1) Ten-day staffing.  The resource specialists attends the 10-day staffing that occurs during the investigation.

(2) Use of resource home during an investigation.  A child is not placed in the resource home when a child abuse or neglect investigation is in progress regarding the resource home.

(A) The CW specialist assigned to conduct the investigation notifies the resource specialist when initiating an investigation of the resource home.

(B) After the investigation is completed, the decision regarding future placements in the resource home is discussed with the CW specialist, CW supervisor, resource specialist, and resource specialist supervisor.

(C) The discussion and decision is documented in KIDS Resource Contacts screen by the resource specialist.

(3) Child's removal from resource home during an investigation.  When a child in OKDHS custody has been in a Bridge resource home for three months or longer and is removed from a resource home during an investigation, the Bridge resource parent is provided a copy of Form 04MP014E, Notice of Child's Removal from Out-of-Home Placement.  The CW specialist staffs with the CW supervisor, who consults with the CW field liaison (CWFL) or county director, as necessary, to determine whether to:

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

(B) seek a different placement for the child.

(4) Child not returning to the resource home.  When the decision is not to return the child, the CW specialist making the decision:

(A) notifies the resource parent 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 parent within three business days of the decision.

(5) Concerns after a referral or investigation.  The resource specialist reviews all referrals, investigations, and Form 04KI003E, Report to District Attorney, for issues or concerns with the Bridge resource home.  The resource specialist consults with the CW supervisor regarding needed action.  Action is taken within 10 business days:

(A) of the completed investigation when an appeal is not requested by the resource parent per OAC 340:75-1-12.2; and

(B) after the final investigation findings are determined by the CFSD Appeals Section when an appeal is filed.

5.   Yearly Bridge resource home re-assessment.  The resource re-assessment review:

(1) is conducted yearly by the assigned resource specialist following initial approval of the home using Form 04AF029E, Bridge Resource Family Re-assessment Guide, to obtain the information needed to complete Form 04AF030E, Bridge Resource Family Re-assessment, saved to the KIDS Resource File Cabinet;

(2) is arranged at a convenient time for the resource family and conducted in the resource home.  The resource specialist:

(A) reviews the resource record;

(B) completes Form 04AF004E, House Assessment, with the resource parent ensuring the home is clean and safe;

(C) reviews with the resource parent:

(i) Foster Parent Handbook; and

(ii) Form 04AF021E, Verification of Receipt of OKDHS Rules;

(D) explains Form 15GR008E, Notice of Grievance Rights – Foster Parents.  The foster parent signs Form 15GR008E to verify the review;

(E) asks the foster parent to complete Form 04AF010E, Resource Family Financial Assessment, every year or more often when circumstances warrant;

(F) reviews the RapBack entered in the KIDS Resource File/File Cabinet regarding each resource parent and adult household member.

(i) The resource specialist obtains the disposition of each arrest or charge reported on the RapBack report; and

(ii) discusses the report with the resource parent or adult household member;

(G) provides Form 04AF008E, Medical Examination Report, to each resource parent and adult household member for completion every year, or more often when circumstances warrant;

(H) reviews the Water Safety Checklist and Agreement Form for changes and creates a new form to denote the changes;

(I) reviews and updates each resource home disaster plan; and

(J) request three references from the Bridge resource parent and send Form 04AF034E, Bridge Resource Family Personal Reference Letter Annual Re-assessment, to each reference; and

(3) conforms to rules per OAC 340:75-7;

(4) includes:

(A) a signed and dated Form 04AF030E, Bridge Resource Family Re-assessment;

(B) a copy of the resource parent's current driver license;

(C) a copy of the current insurance verification for each resource parent's vehicle, filed in the resource file at all times;

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

(E) a signed and dated Form 04AF005E, Notice to Bridge Resource Applicants;

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

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

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

(I) a copy of 04AF008E, Medical Examination Report; and

(J) a copy of 04AF010E,Resource Family Financial Assessment.

6.   Re-assessment review results.

(1) The resource specialist and supervisor discuss concerns identified in Form 04AF030E, Bridge Resource Family Re-assessment.

(2) The resource specialist and resource parent review and sign Form 04AF030E.

(3) The resource supervisor signs and approves Form 04AF030E.

(4) Signed copies of Forms 04AF030E and 15GR008E are provided to the resource parent.

(5) A signed copy of Form 04AF030E and attachments are filed in the resource record.

7.   Untimely Bridge resource home re-assessments.  The Bridge resource home remains approved, regardless of the timeliness or findings of assessments until there is a specific action by either party to cancel or terminate the foster care contract or close the home.  The resource specialist and CW supervisor document the reasons for the untimely re-assessment in the KIDS Resource Contacts screen.

8.   Placement of children in a resource home.  The CW and resource specialist:

(1) do not place an additional child in the resource home when a resource home re-assessment is due and uncompleted;

(2) do not remove a child currently placed in the home, when the resource fails to submit the required forms timely, per OAC 340:75-7-94(c)(1); and

(3) suspend or close the home until the forms per OAC 340:75-7-94(c)(1) are received, when there are no children currently placed in the resource home.

9.   Closure of a Bridge resource home.  The resource specialist contacts the resource parent in person or by phone to discuss closure of the foster home and provides Form 04FC008E, Notice of Closure to OKDHS Foster Parents, explaining the reason for closure.  The foster care contract is either cancelled or terminated per OAC 340:75-7-52.

(1) Reason for closure.  A resource home is closed when:

(A) the kinship home services are no longer needed.  The resource specialist explores with the kinship resource parent in good standing, whether the family wishes to provide services as a traditional foster home per OAC 340:75-7-12.  If so, the resource specialist opens a new resource in KIDS as Type - CW Foster Family;

(B) services are no longer needed for a jointly approved home that is child specific;

(C) a resource parent requests closure and the home is in good standing with no identified issues of concern.  The home is closed per the resource parent's request;

(D) non-compliance issues cannot be resolved.  The resource specialist completes the requirements to close the home.

(2) Closure process.  The resource specialist:

(A) personally contacts the resource parent to fully and openly clarify the reason for the closure.  The resource specialist discusses the reason for closure and makes diligent efforts to resolve concerns or misunderstandings;

(B) documents the action in KIDS and the resource record;

(C) completes Form 04FC008E, Notice of Closure to OKDHS Foster Parents, by:

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

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

(iii) mailing or hand-delivering original Form 04FC008E to the resource parent and filing a copy in the resource record; and

(D) writes in clear and concise language a summary outlining the reason for closure including the resource parent's performance history and a recommendation regarding future consideration of the Bridge resource family providing care.

(3) Time requirements for closure of a Bridge resource home.

(A) Action is taken within 10 business days to provide Form 04FC008E, Notice of Closure to OKDHS Foster Parents, and the resource is closed in KIDS 30 calendar days from the date of the closure notice when the closure is based on:

(i) policy violations;

(ii) non-compliance with a written plan of compliance (WPC);

(iii) request of the resource parent; or

(iv) the findings of an abuse or neglect investigation.

(B) When the substantiated finding(s) of a child abuse or neglect investigation is appealed, action is taken within 10 business days following notification of the decision by the CFSD Appeals Section.

10.  Fair hearing.  When a Bridge resource parent wishes to request a fair hearing, the resource specialist provides to the resource parent Form 13MP005E, Resource Family Request for a Fair Hearing.  The resource specialist assists the resource parent with completing and submitting Form 13MP005E.  When the local OKDHS human service center (HSC) office receives a copy of the appointment letter for the fair hearing, the resource specialist:

(1) prepares a fair hearing summary by completing Form 13MP002E, Hearing Summary, per OAC 340:2-5 to:

(A) explain why the home is being closed;

(B) briefly describe the:

(i) action taken;

(ii) facts supporting the action; and

(iii) information relied upon in taking the action;

(C) documents:

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

(ii) the number, type, and outcome of child abuse and neglect referrals and rule violation episodes that occurred during the resource parent's tenure or association with OKDHS; and

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

(D) describes the written plan of compliance history and results;

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

(F) attaches documentation that supports the OKDHS decision to close the foster home such as:

(i) the foster care contract;

(ii) Form 04FC008E, Notice of Closure to OKDHS Foster Parents; and

(iii) Form 04AF021E, Verification of Receipt of OKDHS Rules.

(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) The resource specialist informs the CW specialist who completed the child abuse or neglect investigation and the CW supervisor of the hearing.

(III) The CW specialist must attend the fair hearing.  When the CW specialist is no longer employed by OKDHS, the CW supervisor or county director must attend the hearing;

(2) submits original Form 13MP002E, Hearing Summary to the OKDHS Legal Division Appeals Unit;

(3) distributes one copy of Form 13MP002E, Hearing Summary with attachments to the appellant and authorized representative, if any, prior to the hearing date;

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

(5) reviews all case-related information to prepare for the fair hearing.



Last Updated:  12/16/2011
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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