(a) Purpose.  Therapeutic foster care (TFC) serves:

• (1) children three through 17 years of age, in Oklahoma Department of Human Services (OKDHS) custody, who meet medical necessity criteria; and
• (2) youth, up to 19 years of age or until completion of high school, if the youth continues to meet medical necessity criteria and requests extended services, who:
  • (A) respond to close relationships within a family setting;
  • (B) require more intensive behavioral health services than available in traditional foster family settings; and
  • (C) do not require 24-hour awake supervision.

(b) Legal base.

• (1) Section 1-7-103 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-7-103) mandates that OKDHS review and assess each child in OKDHS custody to determine the type of placement consistent with the child's treatment needs in the nearest geographical proximity to the child's home.
• (2) 10A O.S. § 1-9-110 mandates that OKDHS develop and implement a diversity of community-based residential care, as needed, to provide for adequate and appropriate community-based treatment or rehabilitation of each child in a:
  • (A) foster home;
  • (B) group home;
  • (C) community residential center; or
  • (D) non-secure facility consistent with the child's individualized treatment needs and, when possible, in or near the child's home community.

(c) Definitions.  The following words and terms, when used in Part 1 of this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

• (1) "APS Healthcare Service (APS)" means the agency under contract with OHCA responsible for prior authorization for:
  • (A) the admission and extension of Medicaid or Title XIX reimbursed inpatient psychiatric treatment and TFC services; and
  • (B) Medicaid or Title XIX reimbursed outpatient behavioral healthcare services.
• (2) "Oklahoma Health Care Authority (OHCA)" means the entity designated for administering Title XIX Medicaid reimbursement and responsible for the establishment of medical necessity criteria for children receiving TFC services.
• (3) "Therapeutic foster care (TFC)" means residential behavioral management services provided in a specialized foster care setting for a child who:
  • (A) meets medical necessity criteria, per OAC 317:30-5-741;
  • (B) has special psychological, behavioral, social, and emotional needs;
  • (C) accepts and responds to close relationships within a family setting; and
  • (D) requires more intensive or therapeutic services than are found in traditional foster care.
• (4) "TFC contractor" means a licensed child care agency that meets OKDHS and OHCA requirements to provide residential behavioral management services in a foster care setting.  A TFC contract agency:
  • (A) provides direct clinical treatment services to the child placed; and
  • (B) recruits, trains, certifies, reimburses, and provides supportive services to the TFC foster parent.