OKDHS.org - OAC 340:75-8-39. CW worker and DDSD staff shared responsibilities for a child receiving HCBWS

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340:75-8-39. CW worker and DDSD staff shared responsibilities for a child receiving HCBWS

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Revised 6-1-07

(a) Long-term plan. Child Welfare (CW) and Developmental Disabilities Services Division (DDSD) staff work together in identifying and developing the best long-term plan for a child in Oklahoma Department of Human Services (OKDHS) custody who has mental retardation. Permanency planning begins immediately after a child enters OKDHS custody, per OAC 340:75-6-31, and continues until the child returns home or an appropriate permanency plan is achieved. • 1

(b) Guardianship. When a child in OKDHS custody reaches age 16, the CW worker and DDSD case manager review the permanency plan for transition to adulthood and complete a guardianship assessment in accordance with OAC 340:100-3-5. Guardianship is generally not established prior to age 18.

(1) If guardianship is determined appropriate for a child who is transitioning from OKDHS custody to independence, the CW worker coordinates with DDSD to identify and establish a guardianship relationship for the child. • 1
(2) The CW worker, DDSD area guardianship coordinator, and, when applicable, DDSD volunteer recruiter, assist the potential guardian to petition for guardianship 30 days prior to the child's 18th birthday in preparation for a hearing on or immediately following the child's 18th birthday.

INSTRUCTIONS TO STAFF 340:75-8-39

Revised 6-1-07

1. Initiation of guardianship identification.

(1) By the child's 16th birthday or if the child is age 16 or older when placed in Oklahoma Department of Human Services (OKDHS) custody, the Child Welfare (CW) worker and Developmental Disabilities Services Division (DDSD) staff work together to evaluate the need for guardianship.

(2) The guardianship assessment is scheduled during the team meeting closest to the child's 16th birthday.

(3) The DDSD case manager, DDSD area guardianship coordinator (GC), CW worker, CW supervisor, and any placement and service providers most familiar with the child attend the team meeting that initiates the guardianship assessment process. The GC chairs this meeting.

(4) The CW county of jurisdiction worker:

(A) assists the DDSD case manager in compiling a list of interested parties for notification of the guardianship assessment;

(B) provides the DDSD case manager with contact information, such as addresses and phone numbers of interested parties, and any concerns of any person who may be willing to serve as a guardian;

(C) completes monthly reviews of the status of guardian identification; and

(D) requests assistance from the Children and Family Services Division (CFSD) liaison to DDSD if a guardian has not been identified by the child's 17th birthday.

(5) If the CW worker, DDSD case manager, and CFSD liaison to DDSD are unable to identify a potential guardian for a child who receives DDSD Home and Community-Based Waiver Services, the DDSD case manager notifies the DDSD area GC who makes a referral to the contracted agency that recruits and trains volunteer guardians for DDSD.

(6) When a person is identified to serve as guardian, the CW worker and DDSD case manager assist the person and child to build a relationship, if one does not already exist.

(7) The CW county of jurisdiction worker and DDSD case manager request, when possible, that the guardianship hearing be scheduled on the same day as the CW hearing ending OKDHS custody.

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