Okla. Admin. Code § 340:75-8-6

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

Section 340:75-8-6 - Required protocol for therapeutic foster care (TFC) or intensive therapeutic family care (ITFC) contractors

TFC or ITFC contractors:

(1) implement and review an individualized treatment plan for each child in placement, with documented input from the child's assigned child welfare (CW) specialist, according to the requirements set forth in the Oklahoma Human Services (OKDHS) contract;

(2) accept responsibility for a reasonable knowledge of the child's whereabouts at all times. When a child is unaccounted for, the TFC or ITFC contractor:

(A) immediately notifies the assigned CW specialist or CW supervisor. CW staff follows protocol and completes missing from care notifications, per Oklahoma Administrative Code (OAC) 340:75-6-48.3; and

(B) submits a written incident report to the child's assigned CW specialist describing the circumstances and files a copy in the child's case record;

(3) agree to immediately report all emergency medical care to the child's assigned CW specialist and to document the manner of report and response in the child's case record. The contractor ensures CW specialists, parents, and guardians are advised of physician recommendations regarding the use of psychotropic medications and the contractor must comply with OKDHS policy, per OAC 340:75-14-3. Neither OKDHS, a TFC or ITFC parent, nor TFC or ITFC contractor staff may consent to a child in OKDHS custody undergoing an abortion or sterilization procedure, initiating termination of life support, or implementing a "do not resuscitate" order;

(4) ensure the completion of a clothing and personal item inventory for each child entering and leaving placement and ensure each child leaves the placement with all of his or her clothing and personal items;

(5) develop and implement written policy for the approval and use of volunteers, per Section 404.1 of Title 10 of the Oklahoma Statutes (10 O.S. § 404.1), when the TFC or ITFC contractor uses volunteers that, at a minimum, require criminal history, Restricted Registry, and sex offender registry checks;

(6) submit written reports to the child's CW specialist or specialists describing the child's stay in placement, progress toward meeting the identified treatment plan, education, and medical care as requested for court hearings, and file a copy of the reports in the child's case record;

(7) develop and implement written policy and procedures for discipline that comply with OAC 340:75-7-38 and 10A O.S. § 1-7-105;

(8) develop and implement written policy that prohibits possession or use of tobacco and tobacco products by any child in placement, and prohibits the use of tobacco or tobacco products by employees of the TFC or ITFC contractor in the presence of any child in placement;

(9) afford the TFC or ITFC parent the same rights as all foster parents in Oklahoma, per 10A O.S. § 1-9-119;

(10) plan and coordinate each child's discharge with the child's CWS assigned specialist or specialists, when different, and provide a minimum of 72-business hours' notice to discharge, except in medical emergencies. On-site crisis intervention is provided prior to any emergency discharge;

(11) submit a written discharge summary to the child's CW specialists within 30-calendar days of the child's discharge and file a copy in the child's case record. The discharge summary includes:

(A) a summary of treatment services;

(B) child's progress on the treatment plan;

(C) reason for discharge; and

(D) recommendations for future placements and services for the child's treatment needs;

(12) ensure compliance with:

(A) minimum licensing standards per Child Care Services licensing standards for child-placing agencies; and

(B) staffing requirements per OKDHS Contract Agreement for TFC or ITFC;

(13) develop and implement written policy and operating procedures regarding corrective discipline procedures for employees;

(14) ensure any TFC or ITFC agency staff member responsible for conducting resource family assessments (RFAs) or annual updates attended OKDHS training prior to conducting RFAs or updates. The staff member attends a minimum six hours of mandatory training annually;

(15) develop and implement written policy and operating procedures to govern the TFC or ITFC parent's maintenance and administration of prescription and non-prescription medication to each child in placement, including transporting prescription and non-prescription medication when the child receives medication any place other than the TFC or ITFC home, such as respite placements, family visits, and medication administered during school hours;

(16) develop and implement written policy, operating procedures, and supervision guidelines regarding the use of solitary confinement and separation programs, such as restricting the child to his or her own room for a cooling off period. The duration of room restriction is specified at the time of assignment and is consistent with the child's chronological age; developmental level; behavioral, emotional, and medical needs; and availability of supervision;

(17) for each scheduled review hearing, coordinate with the CW specialist and the TFC or ITFC parent for a youth 14 through 17 years of age to ensure the youth's availability to respond to the court's inquiry, in person, by phone, or by other electronic means, about the youth's plan for skills development and transition to successful adulthood;

(18) assist the CW specialist and TFC parent with ensuring youth in the eighth, ninth, or tenth grades are enrolled in the Oklahoma's Promise, formerly known as the Oklahoma Higher Learning Access Program, and provide TFC or ITFC parents with information on the program's eligibility, application guidelines, and academic requirements; and

(19) for any youth 14 years of age and older, assist the CW specialist and youth, as needed, to remedy concerns of identity theft or fraudulent use of the youth's identity noted through a review of the his or her credit report provided by OKDHS.

Okla. Admin. Code § 340:75-8-6

Added at 18 Ok Reg 2309, eff 5-15-01 (emergency); Added at 18 Ok Reg 3067, eff 7-12-01; Amended at 19 Ok Reg 214, eff 12-1-01 (emergency); Amended at 19 Ok Reg 1129, eff 5-13-02; Amended at 19 Ok Reg 2258, eff 6-27-02; Amended at 22 Ok Reg 1242, eff 5-26-05; Amended at 24 Ok Reg 1044, eff 6-1-07; Amended at 26 Ok Reg 884, eff 5-15-09; 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 34, Issue 24, September 1, 2017, eff. 9/15/2017

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 37, Issue 24, September 1, 2020, eff. 9/15/2020

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