OKDHS - OAC 340:75-13-21. Children in the custody of an Indian tribe

340:75-13-21. Title IV-E reimbursement for the child in custody of an Indian tribe

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Revised 6-1-12

(a) Title IV-E eligibility and the Indian child. Oklahoma Department of Human Services (OKDHS) seeks Title IV-E reimbursement for any eligible Indian child when:

(1) a state or tribal court awards custody of the Indian child to a tribe;
(2) the tribe has a contractual agreement with OKDHS for payment of foster care services; and
(3) the child is placed in a tribally approved foster home. Title IV-E eligibility is determined by the custody specialist utilizing the criteria set forth in OAC 340:75-13-13. • 1

(b) Tribal responsibilities related to Title IV-E. The tribe is responsible for:

(1) developing and implementing policies and practices that ensure compliance with federal regulations related to Titles IV-B and Title IV-E of the Social Security Act. Children and Family Services Division monitors tribal compliance with the regulations through annual on-site visits, per OAC 340:75-19-32; and
(2) providing required information needed to determine Title IV-E eligibility to the assigned Child Welfare (CW) tribal liaison utilizing Form 04TB004E, Indian Child Welfare Program Referral.

(A) The CW tribal liaison scans completed Form 04TB004E and all court orders into the KIDS file cabinet.
(B) The custody specialist contacts the CW tribal liaison to request any additional needed information for the initial eligibility determination or annual eligibility re-determination, per OAC 340:75-19-33.

INSTRUCTIONS TO STAFF 340:75-13-21

Revised 12-15-11

1. Application for Title IV-E for the Indian child. When Form 04TB004E, Indian Child Welfare Program Referral, is received from the tribe, the Oklahoma Department of Human Services (OKDHS) tribal liaison:

(1) completes a search of the child and family's OKDHS history through Information Management System (IMS);

(2) opens a KIDS case;

(3) enters the child's removal information via KIDS Removal screen;

(4) responds to email requests from the custody specialist for all known financial, employment, and medical insurance information regarding the specified relative from whom the child was removed;

(5) scans into the KIDS files cabinet:

(A) the tribal court order removing the Indian child from the home or Form 04FC007E, Voluntary Placement Agreement;

(B) Form 04TB004E; and

(C) when the child has no Social Security number, a completed and submitted Form SS-5, Application for Social Security Number, to verify that an application was submitted, per OAC 340:75-13-10;

(6) documents each activity regarding the Title IV-E application process in KIDS Contacts screen;

(7) reports to the custody specialist changes in the child's circumstances, such as county of placement, return home, income, and resources; and

(8) when the tribal court order contains errors, faxes or emails the order to the Children and Family Services Division tribal coordinator with a notation to include the case in the tribal IV-E monitoring process.

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