Okla. Admin. Code § 317:40-5-59

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

Section 317:40-5-59 - Back-up Plan for members receiving Specialized Foster Care (SFC)

Prior to a member moving into SFC, the SFC provider and the Developmental Disabilities Services (DDS) social services specialist (SSS) develop a Back-up Plan. The DDS SSS communicates the Back-Up Plan in writing to the DDS case manager for incorporation into the Individual Plan.

(1) The Back-up Plan identifies the person(s) who provides emergency back-up supports.

(2) The member's natural family is considered as the first resource for the Back-up Plan at no cost to Oklahoma Human Services (OKDHS), unless the member is in OKDHS or tribal custody.

(3) The Back-up Plan contains the name(s) and current phone number(s) of the person(s) providing back-up service.

(4) When paid SFC providers are necessary, the Back-up Plan explains specifically where the service is to be provided.

(A) If back-up service is to be provided outside the SFC home:

(i) By a volunteer or at a camp, retreat, or conference center, the Personal Support Team's process must be followed as described in OAC 317:40-5-56; or

(ii) In a contracted SFC provider's home, a home profile must be completed for the back-up staff per OAC 317:40-5-40.

(B) If back-up service is to be provided in the SFC home, the person providing this service must have completed all necessary requirements to become a paid SFC provider, including:

(i) An Oklahoma State Bureau of Investigation (OSBI) name and criminal history records search, including the Department of Public Safety, Sex Offender, and Mary Rippy Violent Offender registries;

(ii) A Federal Bureau of Investigation national criminal history search, based on the substitute applicant's fingerprints;

(iii) A search of any involvement as a party in a court action that may impact the member's safety or stability that includes:

(I) Victims protective order; or

(II) Bankruptcy;

(iv) A search of all OKDHS records, including Child Welfare Services' records;

(v) A search of all applicable out-of-state child abuse and neglect registries for any applicant who has not lived continuously in Oklahoma for the past five years. The applicant is not approved without the results of the out-of-state maintained child abuse and neglect registry checks, if a registry is maintained in the applicable state;

(vi) Community Services Worker registry check;

(vii) Oklahoma statutorily mandated liability insurance coverage, and a valid driver license; and

(viii) Completion of required DDS training per OAC 340:100-3-38.4.

(C) The Back-up Plan details where the member and SFC provider will stay if the SFC provider's home is not habitable. If there is a fee to stay in the alternate location, the provider pays the fee and is not reimbursed by DDS.

(5) The Back-up Plan is jointly reviewed at least monthly by the DDS SSS and the SFC provider to ensure the Back-up Plan continues to be appropriate and current.

(6) The SFC provider is responsible for reporting any needed changes in the Back-up Plan to the DDS SSS.

(7) The DDS SSS reports any changes in the Back-up Plan to the DDS case manager.

Okla. Admin. Code § 317:40-5-59

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 28 Ok Reg 1550, eff 6-25-11; Amended at 29 Ok Reg 1199, eff 6-25-12

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