Okla. Admin. Code § 317:40-5-55

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

Section 317:40-5-55 - Specialized Foster Care (SFC) provider responsibilities

(a)General responsibilities. The SFC providers responsibilities are listed in (a) through (c) of this Section. Each provider:

(1) Is required to meet all applicable standards per OAC 317:40-5-40;

(2) Is required to receive competency-based training per OAC 340:100-3-38. The provider keeps all required training current and submits documentation to the SFC specialist at the time training is completed;

(3) Is an active participant of the member's Personal Support Team (Team) and assists in developing the member's Individual Plan (Plan), per OAC 340:100-5-50 through 100-5-58;

(4) Documents and notifies the case manager of any changes in the member's behavior or medical conditions within one working day. The SFC provider completes incident reports and submits them to the Developmental Disabilities Services (DDS) case manager per OAC 340:100-3-34;

(5) Is available to the member at any time;

(6) Has primary responsibility to provide SFC services to the member. The SFC provider does not have employment unless the employment is pre-approved by the DDS area residential services programs manager or the State Office residential services programs manager;

(A) The provider must be available before and after school or vocational programs and as needed during the day due to holidays or illnesses;

(B) After receiving employment approval, if the provider's employment interferes with the member's care, training, or supervision, the provider must determine if he or she wants to terminate the employment or have the member moved from the home; and

(C) DDS does not authorize homemaker, habilitation training specialist, or respite services in order for the SFC provider to perform employment.

(7) Does not deliver services that duplicate public school district mandated services that are provided pursuant to the Individuals with Disabilities Education Act (IDEA-B);

(8) Allows the member to have experiences, both in and out of the home, to enhance the member's development, learning, growth, independence, community inclusion, and well-being, while assisting the member to achieve his or her maximum level of independence;

(9) Ensures confidentiality is maintained regarding the member per OAC 340:100-3-2;

(10) Is sensitive to, and assists the member in participating in, the member's religious faith. No member is expected to attend any religious service against his or her wishes;

(11) Arranges for, and ensures the member obtains, a dental examination at least annually, and is responsible for obtaining regular and emergency medical services as needed;

(12) Has a valid Oklahoma driver license and maintains a motor vehicle in working order, per OAC 317:40-5-103;

(13) Transports, or arranges transportation for the member, using adapted transportation when appropriate, per OAC 317:40-5-103, the SFC provider:

(A) May enter into a transportation contract;

(B) Assures availability and use of an approved and appropriate child auto restraint system as required by law in transporting children and, in cases of adults receiving services, any additional safety devices identified as necessary in the Plan; and

(C) Does not claim transportation reimbursement for vacation travel or any other transportation service not covered per OAC 317:40-5-103.

(14) Assures the member is clean, appropriately dressed, and on time for activities and appointments;

(15) Ensures no other adult or child is cared for or resides in the home on a regular or part-time basis who is not approved through the home profile review process or without prior approval from the DDS area residential services programs manager;

(16) Does not provide services to more than three(3) individuals regardless of service type provided, including SFC, Welfare Services foster care, respite, baby-sitting, or other such services. Any exception to this paragraph must be approved in writing by the DDS director or designee prior to authorization or service delivery;

(17) Permits DDS staff to conduct monitoring and home visits. In order to assure standards are maintained, some visits are unannounced. The visits occur at least monthly and are not intended to be intrusive but to ensure the member's safety and well-being;

(18) Encourages and cooperates in planning visits in the SFC home by the member's relatives, guardians, or friends. Member visits to his or her friends' or relative's homes must be approved by the member's legally authorized representative;

(19) Is prohibited from signing an authorization for school personnel to use physical discipline or corporal punishment;

(20) Notifies the DDS social services specialist (SSS) when the need arises for substitute supervision in an emergency, per OAC 317:40-5-59. When the provider is out of the home for a short duration, a natural support in the home can provide time-limited substitute supervision;

(A) A natural support is defined as an adult relative or spouse of the specialized foster parent who resides in the home;

(B) The Team approves the natural support and defines when this support may be accessed;

(C) Persons considered a natural support must complete training, per OAC 340:100-3-38.12;

(D) Persons acting as a natural support may only provide supervision for brief, intermittent time periods and do so without payment;

(E) When the Team determines it to be appropriate, the SFC provider may select a volunteer to serve as a substitute caregiver for a member eighteen (18) years of age and younger. The volunteer resides outside the home, has no waiver contract, is not employed by a contracted agency, and has an established relationship with the member;

(i) A volunteer is defined as an adult, at least twenty-one (21) years of age, who is the SFC provider's a friend, relative, or neighbor;

(ii) A volunteer may provide support for up to two (2) consecutive days. The member may not be in volunteer care for more than three (3) days total in a thirty (30) calendar day period;

(iii) The SFC provider ensures the volunteer possesses the maturity and skills necessary to address the member's needs;

(iv) The foster care provider notifies the DDS SSS within one (1) business day when volunteer respite is used and includes address, contact information and length of stay;

(v) When the member is also a child in OKDHS or tribal custody, the SFC provider gives the volunteer contact information for the DDS SSS, case manager, and child welfare specialist (CWS) as well as his or her own contact information;

(vi) A volunteer must not be someone who has been excluded by OKDHS; and

(vii) The volunteer is not subject to background check or home profile requirements unless the stay will exceed two (2) consecutive days.

(F) When the Team determines it to be appropriate, the SFC provider may select a camp, retreat, or conference program as a substitute caregiver for the member when the member wishes to attend the program. A camp, retreat, or conference program is defined as a day or overnight program with adult supervision for children, teenagers, or adults conducted for educational, athletic, or cultural development. The SFC provider:

(i) Ensures the program has the essential skills and supports to meet the member's needs;

(ii) Notifies the DDS SSS prior to the member attending the program; and

(iii) Provides the program with contact information for the foster care provider, DDS SSS, case manager, and CWS when the member is also a child in OKDHS or tribal custody.

(21) Provides written thirty (30) calendar day notice to the member and DDS case manager when it is necessary for a member to be moved from the home;

(22) Does not serve as the member's representative;

(23) Ensures the member's funds are properly safeguarded;

(24) Assists the member in accessing and using entitlement programs for which the member may be eligible;

(25) Must use the room and board reimbursement payment to meet the member's needs, per the Fixed Rate Foster Home Contract;

(A) The provider retains a copy of the current Fixed Rate Foster Home Contract in the home at all times;

(B) Items purchased with the room and board reimbursement include, but are not limited to:

(i) Housing;

(ii) Food;

(iii) Clothing;

(iv) Care;

(v) Incidental expenses such as:

(I) Birthday and Christmas gifts;

(II) Haircuts;

(III) Personal grooming equipment;

(IV) Allowances;

(V) Toys;

(VI) School supplies and lunches;

(VII) School pictures;

(VIII) Costs of recreational activities;

(IX) Special clothing items required for dress occasions and school classes such as gym shorts and shirts;

(X) Extracurricular athletic and other equipment, including uniforms, needed for the member to pursue his or her particular interests or job;

(XI) Prom and graduation expenses including caps, gowns, rings, pictures, and announcements;

(XII) Routine transportation expenses involved in meeting the member's medical, educational, or recreational needs, unless the provider has a transportation contract;

(XIII) Non-prescription medication; and

(XIV) Other maintenance supplies required by the member.

(C) All items purchased for the member with the room and board payment are the member's property. Purchased items are documented on OKDHS Form 06AC022E, Personal Possession Inventory, and are provided to the member when a residence change of residence occurs; and

(D) The room and board payment is made on a monthly basis and is prorated based on the actual days the member is in the home on the initial and final months of residence.

(26) Maintains Form 06AC022, Personal Possession Inventory, for each member living in the home;

(27) Maintains the member's home record, per OAC 340:100-3-40;

(28) Immediately reports to the DDS SSS all changes in the household including, but not limited to:

(A) Phone number;

(B) Address;

(C) Marriage or divorce;

(D) Persons moving into or out of the home;

(E) Provider's health status;

(F) Provider's employment; and

(G) Provider's income.

(29) Maintains home owner's or renter's insurance, including applicable liability coverages, and provides a copy to the DDS SSS;

(30) Serves as the health care coordinator, and follows the rules per OAC 340:100-5-26; and

(31) Follows all applicable OKDHS and Oklahoma Health Care Authority rules, included but not limited to:

(A) OAC 340:100-3-27;

(B) OAC 340:100-5-32; and

(C) OAC 340:100-5-33.

(b)Responsibilities specific to SFC providers serving children. The provider is charged with the same general legal responsibility as any parent. The SFC provider exercises reasonable and prudent behavior in his or her actions and in the supervision and support of the child. The SFC provider:

(1) Works with the DDS case manager and CWS staff when the provider needs respite for a child in OKDHS or tribal custody;

(2) Participates in developing the Individual Education Plan (IEP) and may serve as surrogate parent when appropriate;

(3) Obtains permission and legal consent from the child's custodial parent or guardian and DDS case manager prior to traveling out-of-state for an overnight visit. If the child is in OKDHS or tribal custody, CWS permission is also secured;

(4) Obtains permission and legal consent from the child's custodial parent or guardian and DDS case manager prior to the child's involvement in any publicity. If the child is in OKDHS or tribal custody, CWS permission is also secured; and

(5) The provider reports any suspected abuse, neglect, sexual abuse, or sexual exploitation of children to CWS, per 10A O.S. § 1-2-101 and OAC 340:2-3-33.

(c)Responsibilities specific to SFC providers serving adults. Additional SFC provider responsibilities for serving adults are given in this Subsection.

(1) The SFC provider obtains permission from the member's legal guardian, when applicable, and notifies the DDS case manager, prior to:

(A) Traveling out-of-state for an overnight visit; or

(B) The member's involvement in any publicity.

(2) When the member is his or her own payee or has a representative payee, the SFC provider ensures the monthly service contribution, as identified in a written agreement between the member and the SFC provider, is used toward the cost of food, rent, and household expenses.

(A) The member's minimum monthly contribution is $$300.00 per month.

(B) Changes in the member's monthly contribution are made on an individualized basis by the member's Team.

(3) The SFC provider reports any suspected abuse, verbal abuse, sexual abuse, neglect, financial neglect or exploitation to:

(A) The Office of Client Advocacy for a vulnerable adult receiving Home and Community-Based Services (HCBS) when the alleged perpetrator is a community service worker, per OAC 340:2-3-33; or

(B) Adult Protective Services for a vulnerable adult when the alleged perpetrator is not a community service worker through HCBS, per 43A O.S. § 10-104.

Okla. Admin. Code § 317:40-5-55

Added at 15 Ok Reg 3855, eff 7-1-98 (emergency); Added at 16 Ok Reg 1445, eff 5-27-99 ; Amended at 22 Ok Reg 2559, eff 7-11-05 ; Amended at 23 Ok Reg 3192, eff 6-7-06 (emergency); Amended at 24 Ok Reg 958, eff 5-11-07 ; Amended at 28 Ok Reg 1550, eff 6-25-11 ; Amended at 30 Ok Reg 1268, eff 7-1-13

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/12/2022