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340:75-19-26. Foster care reimbursement for children in tribal custody

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Revised 6-1-07

(a) Oklahoma Department of Human Services (OKDHS) provides foster care reimbursement to approved tribal foster homes for the placement of children in tribal custody when OKDHS has a contractual agreement with the child's tribe for the payment of foster care and the tribe has submitted Form 04TB004E, Indian Child Welfare Program Referral, along with a copy of the court order and case plan to the assigned Child Welfare (CW) tribal liaison. • 1 & 2

(b) The tribe sends copies of updated case plans and current court orders to the CW tribal liaison. The child's tribe immediately notifies the CW tribal liaison on Form 04TB003E, Indian Child Welfare Program Update, of any change in the child's placement or custody. • 3

(c) The child's tribe is responsible for providing services and supervising the child's placement when in tribal custody. • 1

(d) The child's tribe makes application on behalf of the child for any financial benefits, such as Social Security, to which the child is entitled. If the child is determined eligible, the child's tribe immediately notifies the CW tribal liaison by submitting Form 04TB003E with updated information. The foster care payment is reduced by the dollar amount of the benefit. • 2

(e) Each tribe develops and implements policies and practices in accordance with federal regulations related to Titles IV-B and IV-E. Tribes may request technical assistance from OKDHS to ensure compliance with:

(1) federal law, policy, and regulation;
(2) accountability for fiscal and program operations;
(3) reporting procedures; and
(4) compliance with the terms and conditions of tribal and OKDHS agreements. • 4

INSTRUCTIONS TO STAFF 340:75-19-26

Revised 6-1-07

1. Role of CW tribal liaison.

(1) Responsibilities. The Child Welfare (CW) tribal liaison:

(A) reviews Form 04TB004E, Indian Child Welfare Program Referral, and:

(i) contacts the tribe when additional information is needed; and

(ii) uses information on Form 04TB004E to open a KK case;

(B) completes tribal Adoption and Foster Care Analysis and Reporting System (AFCARS) screen, including the case plan goal in the tribal AFCARS screen; and

(C) completes Form 04KI001E, Eligibility Determination, to submit to the custody specialist for Title IV‑E (IV-E) determination. If the child in tribal custody is not IV-E eligible, the CW tribal liaison makes application for Title XIX for the child.

(2) Transfer of jurisdiction to a tribe. When jurisdiction of an Indian child is transferred from Oklahoma Department of Human Services (OKDHS) to a tribe, the CW tribal liaison:

(A) reviews the court order, case plan, and Form 04TB004E provided by the tribal CW worker; and

(B) when the child is placed in a tribal foster home or the tribe is in the process of certifying the current placement as a tribal foster home, ensures the child's KIDS removal and KK case remain open and documents the placement as soon as possible; or

(C) when the child has been moved to a non-foster care placement and the child will not be placed in a foster care placement within the next 30 days, end dates the child's KIDS removal, notifies the custody specialist of the child's status, and closes the KK case if there are no other active children in the case.

(3) Child returns to foster care placement. When a child in tribal custody returns to a foster care placement after a removal is end dated, the CW tribal liaison:

(A) verifies with the tribe whether the new placement in foster care is a new removal episode or a continuation of the previous removal episode;

(B) if it is determined that this is a continuation of the previous removal, re-opens the KK case and contacts the KIDS Help Desk to lift the removal end date; and

(C) notifies the custody specialist of the re-opened removal episode so appropriate actions may be taken to ensure continued IV-E eligibility.

(4) Case assignments. The CW tribal liaison:

(A) maintains the primary KK case and sends the secondary case to the county of placement, if different; and

(B) updates the KK case to show current placement and status of the child in tribal custody.

2. Claims adjustments. The tribe contacts the CW tribal liaison for assistance with foster care claims. The CW tribal liaison:

(1) enters the information for adjustment on the foster care claim when the child receives other financial benefits; and

(2) contacts the Children and Family Services Division (CFSD) tribal coordinator as needed for assistance.

3. Notification to the custody specialist. The CW tribal liaison notifies the custody specialist when:

(1) a child in tribal custody moves from a foster care placement into a non‑foster care placement, notifies the custody specialist by e-mail regarding the child's custody status, current placement, and name and contact information of the assigned tribal CW worker. The CW tribal liaison leaves the child's KIDS removal and KK case open if the child will return to a foster care placement within the next 30 days; or

(2) there are no plans to return the child to a foster care placement within the next 30 days, end dates the child's KIDS removal and closes the KK case, if there are no other active children in the case.

4. Compliance. The CFSD tribal coordinator conducts an annual on-site visit with each tribe who has a Tribal/State Agreement for Foster Care to review cases and address compliance issues. The CFSD tribal coordinator:

(1) in coordination with the tribe, facilitates a review panel of both tribal and OKDHS representatives to review cases in which there are questionable foster care practices or circumstances.

(A) The CFSD tribal coordinator documents the results of the panel.

(B) If the panel is unable to resolve the situation, the CFSD tribal coordinator facilitates a meeting with the Director of OKDHS to determine further action; and

(2) in conjunction with the OKDHS Legal Division and Office of Inspector General, provides reasonable technical assistance to tribes, upon request, to ensure compliance with:

(A) federal law, policy, and regulation;

(B) accountability for fiscal and program operations;

(D) compliance with terms and conditions of tribal and OKDHS agreements.

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