Okla. Admin. Code § 340:75-7-24
Current through Vol. 42, No. 7, December 16, 2024
Section 340:75-7-24 - [Effective until 9/14/2025] Kinship placement for the child in Oklahoma Human Services (OKDHS) custody(a)Kinship care. Per Section 1-9-106 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-9-106), OKDHS establishes standards for kinship foster care. (1) Per 10A O.S. § 1-4-204, when determining the placement of a child in OKDHS custody, OKDHS gives preference to relatives and persons who have a kinship relationship with the child. OKDHS makes diligent efforts to place the child accordingly and, per 10A O.S. § 1-4-704, reports to the court the efforts made to secure a placement for the child in the least restrictive, most family-like setting, in reasonable proximity to the child's home, and where the child's special needs may be met.(2) When the child is not placed with a relative who was considered for placement, OKDHS notifies the court in writing the reasons the relative was denied placement and becomes part of the court record, per 10A O.S. § 1-4204.(3) When the Indian Child Welfare Act (ICWA) applies, ICWA placement preferences are followed. The Indian child in foster care is placed in the following order of preference, absent good cause to the contrary, with:(A) a member of the Indian child's extended family as specified by the child's tribe;(B) a foster home licensed, approved, or specified by the Indian child's tribe;(C) an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or(D) an institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs. If the Indian child's tribe has established by resolution a different order of preference, the tribe's placement preferences must be applied.(b)Kinship relationships. Kinship relationships are identified in (1) through (5) of this subsection. (1)Related by blood. Maternal and paternal blood relatives considered as kinship, including half-blood relatives, are:(B) grandparents including those denoted by prefixes of great and great-great;(C) aunts and uncles including those denoted by prefixes of great and great-great or by degree of relationship;(D) nieces and nephews including those denoted by prefixes of grand and great-grand; and(2)Related by marriage. Relationships created by marriage, as described in (1) of this subsection, whether by common-law or ceremony include:(B) the previous relationship designation prior to the termination of the marriage by death or divorce.(3)Related by adoption. Relatives by adoption as described in (1) and (2) of this subsection are considered kinship.(4)Related by emotional tie or bond. An emotional tie or bond exists when a child or the child's parent acknowledges and accepts a person as part of the extended family or in the family's close network of friends and relationships. Individuals with whom a child in OKDHS custody establishes a relationship after the child's out-of-home placement may be considered as a non-relative kinship placement after an assessment of the child's case.(A) When the child is in protective or OKDHS emergency custody, OKDHS gives priority to the child's noncustodial parent for placement, unless the placement is not in the child's best interests.(B) When the child cannot be placed with the noncustodial parent, the child's placement is made, per 10A O.S. § 1-4-204.(5)Parent not considered kinship. A kinship placement does not include: (A) the child's custodial or noncustodial parent with whom the child is placed or to whom the child is returned; or(B) a parent whose parental rights are terminated.(c)Residence requirement for kinship applicants. For kinship applicants or adult household members who have not lived continuously in Oklahoma for the past five years, OKDHS must obtain the child abuse and neglect registry checks from the previous state(s) of residence, when a registry is available, prior to the child's placement in a kinship resource home, per 10A O.S. § 1-7-111.(d)Initial kinship placement. Per 10A O.S. § 1-9-106, a child may be placed in the kinship resource home prior to final approval of the applicant.(e)Kinship Resource Family Assessment (KRFA). Per 10A O.S. § 1-7-111, OKDHS conducts an assessment of the applicant's and each household member's background and other circumstances and conditions to determine if the applicants, household members, references, and home environment is suitable and provides a safe environment for the child in OKDHS custody requiring foster care. The goal of KRFA is to prepare a kinship caregiver's home for children. The intention is to support and strengthen families and exercise flexibility for what each child needs. This includes an assessment of:(1) consideration of each family member's criminal and child welfare histories;(2) an assessment of the kinship caregiver(s); and(3) an assessment of the kinship caregiver(s) physical environment.(f)Kinship resource applicant criminal history records searches.(1) In determining the suitability of the prospective kinship home, OKDHS uses the OKDHS Office of Background Investigations (OBI) to perform a name-based state criminal history records search, per procedures set forth in Section 901 et seq. of Title 28 of the Code of Federal Regulations.(2) When OKDHS OBI is not operational, OKDHS may elect to contract or otherwise collaborate with local law enforcement agencies to perform a name-based state and federal criminal history records search followed by fingerprint verification, per 10A O.S. § 1-7-115.(g)Kinship maintenance payment option. The kinship applicant may opt for: (1) an OKDHS foster care maintenance payment; or(2) a money payment that the child is eligible for, instead of the foster care maintenance payment, when the child lived with the kinship applicant continuously for at least twelve months. (A) The foster care maintenance payment is reduced by the amount of the money payment when the money payment is less than the foster care maintenance payment. Refer to OAC 340:75-7-52.1 for Supplemental Security Income (SSI) or Social Security Administration (SSA) benefits received for a parent who is deceased or disabled.(B) Payment may include: (i) other financial resources, per OAC 340:75-13-28; or(ii) Temporary Assistance for Needy Families (TANF) benefits, per OAC 340:10-9.(h)Kinship start-up and training stipend. The kinship resource family that has not been approved within the preceding five years is entitled to receive, per OKDHS Appendix C-20, Child Welfare Services Rates Schedule, a: (1) one-time kinship start-up stipend to assist with initial expenditures for each child placed in the home for 14-consecutive days; and(i)Foster care maintenance payments begin when the kinship foster parent receives final approval. Per 10A O.S. § 1-9-106, the kinship resource parent is not entitled to any payments for providing foster care until the resource parent receives final approval from OKDHS. Final approval may only be granted after completion and disposition of the Kinship RFA.(j)Number of children in the kinship resource home. OKDHS determines the number and ages of children placed in each kinship resource home per, OAC 340:75-7-18.(k)Authorization to check applicant's references. The kinship applicant grants OKDHS permission to contact the applicant's references by signing Form 04AF001E, Resource Family Application. Information obtained from the references is confidential and may only be released upon order of a court with competent jurisdiction.Okla. Admin. Code § 340:75-7-24
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/15/2020Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022Amended by Oklahoma Register, Volume 42, Issue 7, December 16, 2024, eff. 10/10/2024, exp. 9/14/2025 (Emergency)