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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
 
 
 
340:75-13-21. Children in the custody of an Indian tribe
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Revised 5-26-05

 

     When a state or tribal court awards custody of an Indian child to a tribe with which Oklahoma Department of Human Services (OKDHS) has a contractual agreement for payment of foster care services and the child is placed in a tribally approved foster home, OKDHS seeks Title IV-E (IV-E) reimbursement on any eligible child.  IV-E eligibility is determined by the custody specialist utilizing the criteria set forth in OAC 340:75-13-13.   • 1   The tribe:

  • (1) is responsible for developing and implementing policies and practices that ensure compliance with federal regulations related to Titles IV-B and IV-E of the Social Security Act.  Children and Family Services Division monitors tribal compliance with such regulations through on-site visits on an annual basis, per OAC 340:75-19-32; and
  • (2) provides required information to determine IV-E eligibility to the assigned Child Welfare (CW) tribal liaison utilizing Form DCFS-57 (new form number 04TB004E), Indian Child Welfare Program Referral.
    • (A) The CW tribal liaison submits completed Form CWS-KIDS-4 (new form number 04KI002E), Eligibility Determination, to the assigned custody specialist for the initial IV-E eligibility determination and annual eligibility reviews.
    • (B) The custody specialist contacts the CW tribal liaison to request needed information for the annual review, 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.



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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