Okla. Admin. Code § 340:75-8-8
Current through Vol. 42, No. 4, November 1, 2024
Section 340:75-8-8 - Therapeutic foster care (TFC) or intensive therapeutic family care (ITFC) contractor requirements(a) TFC or ITFC contractors:(1) actively recruit prospective TFC or ITFC parents who reflect the racial and ethnic diversity of children requiring placement, in compliance with the Multiethnic Placement Act of 1994 and the Interethnic Provisions of 1996, per Oklahoma Administrative Code (OAC) 340:75-7-10;(2) actively recruit prospective TFC or ITFC parents who are receptive and capable of meeting the service needs of all Oklahoma Human Services (OKDHS) custody children determined to be eligible for TFC or ITFC placement;(3) engage with a family within one-business day of receiving a recruitment lead referral from OKDHS. Upon request, the contractor communicates to Child Welfare Service (CWS) progress on resource development;(4) certify TFC or ITFC homes according to rules established by Child Care Services (CCS), CWS, OAC 340:75-7-10 through 340:75-7-19, Oklahoma Health Care Authority (OHCA), and the requirements outlined in the OKDHS placement agreement for residential behavioral management services (RBMS) in TFC or ITFC Settings;(5) ensure each TFC or ITFC parent receives the appropriate pre-service training according to CCS and OHCA rules, per OAC 317:30-5-740.1 or OAC 317:30-5-750.1, CWS resource family requirements, and the requirements outlined in RBMS in TFC or ITFC sections, prior to a child's placement in the home;(6) ensure the TFC or ITFC home meets all OKDHS certification requirements prior to a child's or youth's placement in the home;(7) evaluate the TFC or ITFC parent's ability to provide TFC or ITFC services and meet the needs of children receiving RMBS in a foster care setting, per OAC 340:75-7-94;(8) participate in regularly scheduled staffings on all child abuse and neglect referrals with CWS program staff, per OAC 340:75-3-410. Each TFC or ITFC home file a log of all investigations and screened-out referrals for use as a continual assessment of safety and resource home developmental needs;(9) ensure that no TFC or ITFC home is used for new placements or respite care while under investigation for child abuse or neglect. CWS has the right to decline or may discontinue the home's use for placement when the TFC or ITFC parent's documented efforts did not resolve the concerns. New placements or respite care cannot resume without specific consent of the TFC liaison and liaison supervisor;(10) ensure each TFC or ITFC parent meets the requirements for in-service training as defined in the OKDHS RBMS contract;(11) ensure the TFC or ITFC parent has training and support to apply reasonable and prudent parent standards, per Section 1-1-105 of Title 10A of the Oklahoma Statutes. The reasonable and prudent parent standard is characterized by careful and sensible parental decisions that maintain the child's health, safety, and best interests while at the same time encouraging the child's emotional and developmental growth. This standard is used by the child's TFC or ITFC parent when determining whether to allow a child to participate in extracurricular, enrichment, cultural, and social activities. The TFC or ITFC parent may request consultation with the CWS specialist, biological parent or guardian, TFC or ITFC contractor staff, or other parties to the child's case to assist with decision-making and ensure the child has access to immediate therapeutic response and support when needed. Visitation with the child's family of origin, or with connections identified by OKDHS to have restricted contact with the child, is approved by the child's CWS specialist;(12) complete Form 04TF006E, Unsupervised Time Assessment, for all TFC or ITFC children, regardless of age, anytime an assessment is made that the child has the ability to have time away from the TFC or ITFC parent's direct supervision for activities other than those included under reasonable and prudent parenting standards, such as the child spending time alone or attending a child care program while the TFC parent works. This assessment includes, but is not limited to, child care utilization and the TFC parent's availability to respond to behavioral needs and all problems when the child is not under his or her direct supervision. The assessment is documented as part of the child's ongoing TFC or ITFC treatment plan with a copy of the finalized plan provided to the TFC or ITFC parent or parents;(13) request approval from the TFC liaison and liaison supervisor when accessing child care. The written request includes the: (A) therapeutic justification of daily child care outside of the child's TFC placement home in the child's treatment plan;(B) justification for the TFC parent's need for child care outside of the child's TFC placement home;(C) ability of child care staff or the child care provider to meet the child's emotional and behavioral needs and all problems;(D) availability of the TFC parent and TFC contractor staff to respond to behavioral needs and all problems at the child care environment;(E) verification of the child care center's licensing status, star ratings, and adult-to child ratio, per OAC 340:75-7-65(a)(4)(A);(F) proposed weekly schedule for child care utilization; and(G) planned length of use of child care as a service component of the child's treatment plan;(14) follow established protocol found in the RBMS, contract for TFC or ITFC services, for managing the transfer of a currently certified foster home from another contracting agency;(15) do not certify a OKDHS employee as a TFC or ITFC parent without prior written approval from the CWS director or designee. The TFC or ITFC contractor submits the written request to the CWS TFC program staff. The request's review is consistent with OAC 340:75-7-10.1;(16) do not certify a TFC or ITFC agency employee assigned to the TFC or ITFC program as a TFC or ITFC parent without prior written approval from the TFC field administrator. The request includes a copy of TFC or ITFC agency policy regarding certification of the TFC or ITFC agency employees;(17) do not accept a TFC or ITFC parent application from a person licensed to provide child care services. Families are not approved as licensed family child care homes and TFC or ITFC homes at their home or in any other location;(18) establish a procedure to address and document a response to concerns in a TFC or ITFC home that do not warrant a referral for an abuse or neglect assessment or investigation. Examples of these concerns include, but are not limited to, a TFC or ITFC parent's judgment or supervision, disciplinary practices, non-compliance with policy or contract, unacceptable housing standards, inadequate clothing provisions for the child, or a lack of involvement in the child's education or independent living skills. CWS has the right to decline the home's use when the TFC or ITFC parent's documented efforts did not resolve the concerns; and(19) require all TFC or ITFC parents to immediately report to the TFC or ITFC contractor: (A) charges or arrests of any TFC or ITFC parent or household member and any criminal investigation of a TFC or ITFC parent or household member; or(B) a proceeding for a protective order filed by, or against any member, of the household. The TFC or ITFC contractor immediately reports these events to the TFC liaison and liaison supervisor and complies with directives given to ensure the safety of children in the home.(b) TFC or ITFC homes may be jointly-approved, per OAC 340:75-7-19.Okla. Admin. Code § 340:75-8-8
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 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 25 Ok Reg 1953, eff 7-1-08; Amended at 26 Ok Reg 884, eff 5-15-09Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/15/2014Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017Amended 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 39, Issue 24, September 1, 2022, eff. 9/15/2022