Okla. Admin. Code § 340:75-8-1

Current through Vol. 42, No. 4, November 1, 2024

Section 340:75-8-1 - Purpose, legal basis, and definitions

(a)Purpose.

(1) Therapeutic foster care (TFC) serves children in Oklahoma Human Services (OKDHS) or tribal custody who are:

(A) 4 through 17 years of age; and

(B) youth, up to 19 years of age or until completion of high school who have requested extended services, and:

(i) meet medical necessity criteria established by the Oklahoma Health Care Authority (OHCA), per Oklahoma Administrative Code (OAC) 317:30-5-741;

(ii) respond to close relationships within a family setting; and

(iii) require more intensive behavioral health services than available in traditional and supported foster care family settings, when additional supports are not available or have failed to stabilize the child in a lesser restrictive placement; and do not require 24-hour supervision by an adult who is not sleeping.

(2) Intensive treatment family care (ITFC) serves children in OKDHS or tribal custody who are:

(A) 6 through 17 years of age; and

(B) youth, up to 19 years of age or until completion of high school who have requested extended services, and:

(i) meet medical necessity criteria established by OHCA, per OAC 317:30-5-751; and

(ii) require more intensive treatment than traditional foster care and TFC settings provide.

(3) A TFC or ITFC contractor may use contracted foster care (CFC) to provide care to children in the legal custody of, or voluntarily placed with, OKDHS or tribal custody. When funding availability is uncertain, CFC approval may be required. Approval is requested from the TFC field manager or TFC field administrator.

(b)Legal basis.

(1) Section 1-7-103 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-7-103) mandates OKDHS review and assess each child in OKDHS custody to determine the type of placement consistent with the child's treatment needs in the nearest geographical proximity to the child's home.

(2) OKDHS develops and implements a diversity of community-based services and residential care, as needed, to provide for adequate and appropriate home-based and community-based treatment or rehabilitation of each child in a:

(A) foster home;

(B) group home;

(C) community residential center; or

(D) non-secure facility consistent with the child's individualized treatment needs and, when possible, in or near the child's home community.

(c)Definitions. The following words and terms, when used in Part 1 of this Subchapter, have the following meaning, unless the context clearly indicates otherwise:

(1)"Intensive treatment family care (ITFC)" means residential behavioral management services provided in a specialized foster care setting for a child who:

(A) meets medical necessity criteria, per OAC 317:30-5-751;

(B) has severe psychological, behavioral, social, and emotional needs;

(C) may also present with a secondary physical, developmental, intellectual, or social disorder;

(D) requires a higher level of care and ITFC helps prevent placement in a more restrictive setting, such as an inpatient setting; and

(E) receives intensive individualized behavioral health and other support services from qualified staff.

(2)"Oklahoma Human Services (OKDHS) placement agreement for residential behavioral management services (RBMS)" means the contract entered into between OKDHS and an agency providing TFC services, including all attachments and exhibits.

(3)"OHCA" means the entity designated for administering Title XIX Medicaid reimbursement, including both the responsibility for the establishment of medical necessity criteria for children receiving TFC and ITFC services and prior authorization for the admission and extension of Medicaid or Title XIX reimbursed TFC and ITFC services.

(4)"Therapeutic foster care (TFC)" means residential behavioral management services provided in a specialized foster care setting for a child who:

(A) meets medical necessity criteria, per OAC 317:30-5-741;

(B) has special psychological, behavioral, social, and emotional needs;

(C) accepts and responds to close relationships within a family setting; and

(D) requires more intensive or therapeutic services than are found in traditional foster care when additional supports are not available or have failed to stabilize the child in a less restrictive setting.

(5)"TFC or ITFC contractor" means a licensed child care agency that meets OKDHS and OHCA requirements to provide residential behavioral management services in a foster care setting. A TFC or ITFC contract agency:

(A) provides direct clinical treatment services to the child placed; and

(B) recruits, trains, certifies, reimburses, and provides supportive services to the TFC or ITFC foster parent.

(6)"Contracted foster care (CFC)" means a traditional level of foster care used through the TFC or ITFC contractor. The contractor may use certified a TFC or ITFC home for a child's placement at a traditional foster care level.

Okla. Admin. Code § 340:75-8-1

Added at 18 Ok Reg 2309, eff 5-15-01 (emergency); Added at 18 Ok Reg 3067, eff 7-12-01; Amended at 22 Ok Reg 1242, eff 5-26-05; Amended at 23 Ok Reg 1024, eff 5-11-06; Amended at 24 Ok Reg 1044, eff 6-1-07; Amended at 27 Ok Reg 1092, eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/15/2014

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

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023