Okla. Admin. Code § 340:75-6-110

Current through Vol. 41, No. 19, June 17, 2024

Section 340:75-6-110 - Oklahoma Successful Adulthood (OKSA) program

(a)OKSA program eligibility. The OKSA program serves:

(1) youth 14 through 17 years of age who are in an out-of-home placement; and in:

(A) Oklahoma Human Services (OKDHS) legal custody; or

(B) the custody of a federally recognized Indian tribe;

(2) young adults 18, 19, and 20 years of age, who:

(A) were in an out-of-home placement while in OKDHS or tribal custody on his or her 18th birthday; or

(B) entered a guardianship or adoption at 16 years of age and older to achieve permanency and who have not yet reached his or her 21st birthday; and

(3) young adults 21 to 26 years of age who participate for no more than five years in the Education and Training Voucher Program.

(b)Legal authority for OKSA services. Laws that guide OKSA services administered by OKDHS are described in (1) and (2) of this subsection.

(1)Federal successful adulthood law. The Foster Care Independence Act of 1999 enacted as part of Public Law (P.L.) 106-169; Section 475 of the Social Security Act as amended by P.L. 110-351, Fostering Connections to Success and Increasing Adoption Act of 2008; by the Preventing Sex Trafficking and Strengthening Families Act, P.L. 113-183; and the Family First Prevention Services Act, P.L. 115-123:

(A) supports states in the delivery of successful adulthood services to eligible youth and provides them with services that focus on:

(i) education;

(ii) career planning;

(iii) life skills; and

(iv) aftercare services; and

(B) requires successful adulthood services:

(i) complement the youth's own efforts to achieve self-sufficiency; and

(ii) program participants recognize and accept personal responsibility for the transition from out-of-home care to adulthood.

(2)State successful adulthood law. Section 1-9-107 of the Oklahoma Statutes (10A O.S. §1-9-107) created the "Successful Adulthood Act," the purpose of which is to ensure eligible youth who, due to abuse or neglect, were or are in the OKDHS foster care program or a federally-recognized Indian tribe with whom OKDHS has a contract or agreement, receive the protection and support necessary to allow them to become self-reliant and productive citizens through the provision of requisite services that include, but are not limited to:

(A) transitional planning;

(B) housing;

(C) medical coverage;

(D) education; and

(E) tuition waivers, when eligible, per 70 O.S. § 3230.

(c)OKSA service provision. OKSA services for youth:

(1) are initiated by the child welfare (CW) specialist according to the youth's age, as outlined in OKDHS Publication No. 94-08, Oklahoma Successful Adulthood Program;

(2) in OKDHS custody placed in other states, are OKDHS responsibility, per Oklahoma Administrative Code (OAC) 340:75-1-86;

(3) placed in Oklahoma through the Interstate Compact for the Placement of Children (ICPC) are approved by OKSA Program staff on a case-by-case basis, per OAC 340:75-1-86; and

(4) are initiated by the legal guardian or adoptive parent for youth who exited care at 16 years of age and older to permanent guardianship or adoption.

(d)Requirements. Eligible youth are provided each of the items listed in (1) through (6).

(1)Successful adulthood case assessment. The successful adulthood case assessment is a comprehensive evaluation of the youth's readiness for successful adulthood and identification of the services and supports required for him or her to achieve a maximum level of self-sufficiency.

(2)Successful adulthood plan.

(A) The CW specialist develops an initial plan for the youth transitioning to a successful adulthood within 60-calendar days of his or her 14th birthday or within 60-calendar days of the youth entering care after his or her 14th birthday. The plan is developed in consultation with the youth and, at his or her option, with up to two members of the planning team to be chosen by the youth, not including the foster parent and his or her CW specialist, subject to:

(i) the youth's selection of one person that may be designated to be the advisor and his or her advocate, with respect to the application of the reasonable and prudent parent standard to the youth; and

(ii) OKDHS rejecting a person selected by the youth to be a member of the permanency planning team at any time when OKDHS has good cause to believe the selected person would not act in the youth's best interests.

(B) The successful adulthood plan describes the services, supports, and activities the CW specialist, the permanency planning team, and youth identify as necessary for the youth to transition to successful adulthood, and includes the components required by federal and state statutes. At a minimum, the successful adulthood plan is reviewed and updated each month with the youth and placement provider.

(C) Prior to the 90-calendar day period immediately before a youth's 18th birthday, OKDHS and, as appropriate, the youth's representatives, provide the youth with assistance and support in developing an appropriate personalized transition plan based upon his or her input, and as detailed as he or she elects, including specific options regarding:

(i) housing;

(ii) health insurance;

(iii) education;

(iv) local opportunities for mentors and continuing support services; and

(v) employment supports and services.

(3)Notice of rights.

(A) Per 10A O.S. § 1-9-107, each child in OKDHS foster care or a federally- recognized Indian tribe and in an out-of-home placement who reaches 14 years of age is given a notice of foster youth rights describing his or her rights to:

(i) education, health, visitation, and court participation;

(ii) provision of documents specified in (4) of this subsection; and

(iii) stay safe and avoid exploitation.

(B) The youth signs an acknowledgment stating he or she was provided a copy of the notice of foster youth rights and the rights were explained in an age-appropriate way.

(4)Essential documents. Per 10A O.S. § 1-9-107, a youth about to leave foster care at 18 years of age and was in foster care for at least six months is given:

(A) an official or certified copy of his or her United States birth certificate;

(B) a Social Security Administration Social Security card;

(C) his or her health insurance information;

(D) a copy of his or her medical records;

(E) a state-issued driver license or identification card; and

(F) official documentation necessary to prove the youth was previously in foster care.

(5)Judicial oversight. A judicial determination is made:

(A) at each dispositional and review hearing involving a youth 14 years of age and older, whether the OKSA services needed to assist the youth in making the transition from out-of-home care to successful adulthood are being provided, not provided, or are not appropriate;

(B) confirming that information was provided to the youth about the importance of designating another individual to make health care treatment decisions on his or her behalf when he or she:

(i) becomes unable to participate in his or her health care decisions; and

(ii) does not have, or does not want a relative, who would otherwise be authorized under state or tribal law, to make health care decisions for the youth; and

(C) that the youth was provided with the option of executing a health care power of attorney, health care proxy, or other similar documents recognized under state or tribal law.

(6)OKSA support services. A variety of services, resources, and funds are provided to facilitate successful transition into adulthood and each has distinct eligibility requirements.

(A)Youth 14 through 15 years of age.

(i)Youth development funds. OKSA youth development funds are obtained through community-contracted providers and are designed to support the youth's successful adulthood case plan in preparation for living independently.

(ii)Incentive payments. The OKSA incentive payment is a category of youth development funds that allows for monetary payments to youth for survey and application completions and for accomplishments prior to exiting OKDHS or tribal custody.

(iii)Teen panels. Teen panels provide an opportunity for OKDHS and tribal custody youth to educate staff, care providers, the community, and potential resource parents by presenting the youth's views and experiences in the CW system.

(B)Youth 16 years of age and older.

(i)Community-contracted services. Contracts support the OKSA program activities and serve youth who are OKSA eligible.

(ii)Youth development funds. OKSA youth development funds are obtained through community-contracted providers and are designed:

(I) to support the youth's successful adulthood case plan in preparation for living independently; and

(II) for emergencies the youth encounters after leaving out-of-home care while learning to live independently.

(iii)Incentive payments. The OKSA incentive payment is a category of youth development funds that allows for monetary payments to youth for survey and application completions and for accomplishments prior to exiting OKDHS or tribal custody.

(iv)Educational opportunities and scholarships. Scholarships and OKSA services are available to assist the youth complete his or her education and training.

(v)Youth and Adult Advisory Board. The Youth and Adult Advisory Board includes current and former OKDHS and tribal custody youth, OKSA Program staff, and adult advisors. The board provides the youth an opportunity to work together with other interested youth and adults to:

(I) educate the community regarding issues related to youth in out-of-home placement;

(II) improve the CW system through problem solving;

(III) promote successful adulthood through training; and

(IV) bridge the gap between youth and adults.

(vi)Teen panels. Teen panels provide an opportunity for OKDHS and tribal custody youth to educate staff, care providers, the community, and potential resource parents by presenting youth views and experiences in the CW system.

(vii)Voluntary placement of youth after 18 years of age. Custody youth may request placement in an OKDHS-paid placement and services from OKDHS on a voluntary basis, or in special circumstances, a short-term voluntary placement while 18, 19, or 20 years of age, when the youth:

(I) reaches 18 years of age prior to completing his or her General Educational Development (GED) or high school education;

(II) did not obtain a GED or high school education and left an out-of-home placement after reaching 18 years of age; or

(III) has specified reasons approved by the district director for the county where the youth resides.

(viii)Credit reports for youth in out-of-home care. Each youth beginning at 14 years of age and continuing until the youth is discharged from out-of-home care receives:

(I) an annual consumer credit report;

(II) assistance interpreting the report; and

(III) assistance resolving any inaccuracies or evidence of identity theft in the report. The court with jurisdiction over the youth is notified of any inaccuracies, evidence of identity theft, or other fraudulent activity.

Okla. Admin. Code § 340:75-6-110

Added at 14 Ok Reg 2288, eff 6-12-97; Amended at 15 Ok Reg 3886, eff 7-14-98 (emergency); Amended at 16 Ok Reg 1052, eff 4-26-99; Amended at 18 Ok Reg 3610, eff 9-1-01 (preemptive); Amended at 19 Ok Reg 2208, eff 6-27-02; Amended at 21 Ok Reg 1385, eff 5-27-04; Amended at 22 Ok Reg 1270, eff 5-26-05; Amended at 27 Ok Reg 1092, eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10; Amended at 28 Ok Reg 894, eff 7-1-11; Amended at 29 Ok Reg 635, eff 6-1-12; Amended at 30 Ok Reg 839, eff 7-1-13

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/15/2015.

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/15/2020

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021