Okla. Admin. Code § 340:75-7-94

Current through Vol. 42, No. 7, December 16, 2024

Section 340:75-7-94 - [Effective until 9/14/2025] Resource home annual updates, non-compliance or rule violations, investigations, closures, and fair hearings

(a)Annual update. The resource family assessment is updated annually from the resource home's approval date in KIDS f or any family approved per Oklahoma Administrative Code (OAC) 340:75-7-18.

(b)Kinship annual update. The kinship resource family assessment is reviewed annually from the resource home's approval date in KIDS for any family approved per OAC 340:75-7-24 to ensure the kinship resource family can continue to meet the child(ren)'s specific needs and provide a safe environment for the child(ren) in Oklahoma Human Services (OKDHS) custody.

(c)Resource home non-compliance or rule violation issues for families approved by a Resource Family Assessment or Kinship Resource Family Assessment. When non-compliance or rule violation issues in the home require remediation for continued use of the home, a written plan of compliance is developed as a tool to address the safety and stability of the child in OKDHS custody placed in the home.

(d)Resource home investigation for families approved by a Resource Family Assessment or Kinship Resource Family Assessment.

(1) When a Child Protective Services investigation results in removal of a child in OKDHS custody from the home:

(A) Form 04MP014E, Notice of Child's Removal from Out-of-Home Placement, is provided by the child welfare (CW) specialist, per OAC 340:75-6-86; and

(B) the resource parent receives Form 04MP031E, Notice of Decision Not to Return Child After Investigation, from the CW specialist when a decision is made not to return the child to the home.

(2) Per Section 1-9-119 of Title 10A of the Oklahoma Statutes, the resource parent has the right to request and receive a fair and impartial administrative hearing regarding decisions that affect certification, retention, or placement of a child in OKDHS custody in the resource home.

(e)Closure of the resource home for families approved by a Resource Family Assessment or Kinship Resource Family Assessment. The resource home is closed and the contract is terminated, when:

(1) resource home services are no longer needed;

(2) kinship children are no longer placed in the kinship resource home;

(3) the child leaves a resource home jointly-approved for that specific child;

(4) the child is no longer placed in the resource home approved for the specific child;

(5) the resource parent requests closure;

(6) the resource parent fails to timely implement or maintain compliance with provisions of Form 04AF023E, Written Plan of Compliance, to resolve conditions that present a risk to the child or conditions that do not conform to the contract;

(7) there are non-compliance issues related to a rule, statute, contract, or a written plan of compliance that are unresolved including, but not limited to, failure of the resource parent or household member to meet or maintain the initial screening and requirements, per OAC 340:75-7-10.1 or maintain compliance with background requirements, per OAC 340:75-7-15; or

(8) rules, statutes, or contract violations by the resource parent or household member occurred that resulted in OKDHS determining the child to be unsafe in the resource home.

(f)Fair hearing for families approved by a Resource Family Assessment or Kinship Resource Family Assessment. When the approved resource home is closed, the resource parent has the right to appeal closure through the fair hearing process, per OAC 340:75-1-12.6.

(g)Reassessment to re-open a previously closed resource, excluding kinship. When the resource is closed for more than 12 months but less than five years, the resource may be opened with an approved reassessment within 30-calendar days of the disposition date.

Okla. Admin. Code § 340:75-7-94

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024

Amended by Oklahoma Register, Volume 42, Issue 7, December 16, 2024, eff. 10/10/2024, exp. 9/14/2025 (Emergency)