Okla. Admin. Code § 340:110-5-3

Current through Vol. 42, No. 7, December 16, 2024
Section 340:110-5-3 - Definitions

The following words and terms, when used in this Part, have the following meaning unless the context clearly states otherwise:

"Adoption agency" means an agency licensed as a child-placing agency for the purpose of placing children in adoptive families

"Advisory board" means the entity offering advice and counsel on child-placing agency operation.

"Age or developmentally appropriate" means, per Section 1-1-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-105), suitable, developmentally appropriate activities for children of a certain age or maturity level based on the capacities typical for the age group and the individual child.

"Agency" means child-placing agency.

"Auxiliary personnel" means cooks, building custodians, or other personnel who provide support services to the agency support services.

"Basement" means a building or structure area having one-half or more of its clear height below grade level.

"Behavior management" means child guidance providing learning experiences for development of self-control, self-direction, and an understanding of behavioral consequences.

"Child" means an individual younger than 18 years of age.

"Child care personnel" means personnel providing children's direct care and supervision.

"Child-placing agency" means an agency arranging for or placing children in a foster family home, adoptive home, or independent living program.

"Child with special needs" means a child, because of age, ethnic origin, physical, mental, or behavioral problems, or sibling group, for whom placement for adoption may be difficult.

"Children's services" means an educational program, child welfare agency, child-serving institution, childplacing agency, foster family home, hospital, or mental health treatment program serving children.

"Custodian" means the adult or agency legally responsible for the child.

"Department" means Oklahoma Human Services (OKDHS).

"Emergency foster care" means providing foster home care when an emergency exists or initial placement does not exceed 30-calendar days.

"Foster home" means a home providing full-time substitute family care for a child for a planned period when the child's family cannot provide care.

"Foster home agency" means a child-placing agency certifying foster homes.

"Foster parent(s)" means the individual(s) providing foster home care for a child placed by the child-placing agency.

"Governing board" means the entity with ultimate responsibility and authority for the overall private agency operation.

"Health professional" or "health care professional" means a licensed physician, nurse practitioner, or physician's assistant, as defined by the appropriate state licensing board.

"Independent living (IL) program" means a residential program placing youth, at least 16 years of age, in a living situation supervised by a licensed child-placing agency with the goal of preparing the youth for living independently without supervision.

"Indian child" means an unmarried or unemancipated individual younger than 18 years of age and is a member of an Indian tribe or eligible for membership and is the biological child of a member of an Indian tribe, per 10 O.S. § 40.2.

"Infant foster care" means a foster home providing infant care only.

"Interstate Compact on the Placement of Children (ICPC)" means the process of ensuring protection and services to children who are placed across state lines.

"Legal risk placement" means child placement when consent to adoption or permanent relinquishment of parental rights for adoption has not been obtained from both birth parents and parental rights have not been previously terminated.

"Long-term foster care" means foster home care when the initial placement plan exceeds 30-calendar days.

"On-call" or "Substitute personnel" means personnel available to work during the absence of regular part-time or full-time personnel.

"Openness in adoption" means the pre- or post-placement exchange of information, communication, or contact between birth and adoptive families.

"Parent" means an individual legally responsible for the child, such as a mother, father, legal custodian, or legal guardian.

"Placement plan" means a service plan or agreement component containing plans for child placement best meeting the child's needs.

"Post-adoption services" means direct or referral services available through the child-placing agency to birth and adoptive parents and the adopted child after adoption finalization.

"Post-placement supervision" means supervision and services provided after the child is placed with an adoptive family.

"Proprietary facility" means a program operating on a for-profit basis.

"Reasonable and prudent parent standard" means, per 10A § 1-1-105, the standard characterized by careful and sensible parental decisions that maintain maintaining the child's health, safety, and best interests while encouraging the child's emotional and developmental growth. This standard is used by the child's foster parent when determining a child's participation in extracurricular, enrichment, cultural, and social activities.

"Serious incident" means any non-routine occurrence having an impact on a child's care, supervision, or treatment.

"Service plan or agreement" means a comprehensive individualized program of action for the child and the child's family, when parental rights have not been terminated, developed by the child-placing agency in cooperation with the child and family or custodian. It establishes specific outcomes and time frames based on the:

(A) child's age and level of functioning; and
(B) family's ability and willingness to participate.

"Social services personnel" means child-placing agency personnel providing social services that at least, include:

(A) casework services to children and the children's families;
(B) adoptive child and family studies;
(C) placement services;
(D) agency facilities certification;
(E) admission assessments; and
(F) service planning.

"Specialized service professional" means an individual from an academic discipline or field of expertise providing individualized services to a child, such as behavioral or physical therapists.

"Unsupervised access to children" means an individual being present with children without personnel present having a complete criminal history review.

"Volunteer" means an individual providing services to the child-placing agency without compensation.

Okla. Admin. Code § 340:110-5-3

Amended at 10 Ok Reg 2273, eff 6-11-93; Amended at 13 Ok Reg 997, eff 3-16-96 (emergency); Amended at 13 Ok Reg 2663, eff 6-28-96; Amended at 15 Ok Reg 764, eff 11-10-97 (emergency); Amended at 15 Ok Reg 1727, eff 5-11-98; Amended at 19 Ok Reg 2828, eff 10-1-02 (emergency); Amended at 20 Ok Reg 955, eff 5-12-03; Amended at 23 Ok Reg 1092, eff 6-1-06; Amended at 27 Ok Reg 1869, eff 7-1-10; Amended at 27 Ok Reg 2646, eff 6-21-10 (emergency); Amended at 28 Ok Reg 1669, eff 7-1-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016
Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024