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

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.

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