Okla. Admin. Code § 340:110-5-60

Current through Vol. 42, No. 7, December 16, 2024

Section 340:110-5-60 - Foster home requirements

(a)General requirements. The foster home:

(1) is clean, safe, and in good repair;

(2) and the exterior are hazard-free;

(3) is accessible to, or arranges transportation to school, church, recreational and health facilities, and other community resources; and

(4) complies with all applicable fire, health, and safety laws, ordinances, and regulations.

(b)Safety requirements.

(1) Clear glass doors are marked to avoid accidental impact, unless caring for infants only.

(2) Children are protected from hazardous materials, such as flammable liquids and poisonous materials.

(3) Weapon definition and storage meet (A) and (B) of this paragraph.

(A) A weapon includes, but is not limited to, a:

(i) firearm, such as a pistol, revolver, shotgun, or rifle from which a projectile is fired by gunpowder, gas, or other means of rocket propulsion;

(ii) cap pistol, air-powered BB or pellet gun;

(iii) bow and arrow; or

(iv) knife, including any dagger or blade automatically released from the handle by pressure applied to a button, latch, or other mechanism, excluding kitchen knives.

(B) Any weapons and ammunition are inaccessible. In addition:

(i) weapons are kept unloaded in locked containers, cabinets, or closets;

(ii) ammunition is kept in locked containers, cabinets, or closets, separate from weapons; and

(iii) keys, combinations, and codes used for locked storage are inaccessible.

(4) The premises are free of illegal drugs and paraphernalia.

(5) When children are in care, smoking is prohibited inside the home and during transportation.

(6) Stairways over four steps, inside and outside, have railings. Safety gates at stairways are used when toddlers are in care.

(7) Any water play activity is supervised constantly. Ponds or pools are inaccessible to children. Wading pools are emptied after each use.

(c)Fire safety requirements.

(1) A Class ABC fire extinguisher is installed in the kitchen area.

(2) The foster home is equipped with at least one operable smoke detector near sleeping areas, or more as the foster home agency (agency) requires.

(3) Each floor used as living space has at least two means of escape, at least one being a door leading to an unobstructed path to the outside. The second may be an unobstructed, operable window 20 inches by 24 inches, minimum dimensions.

(4) Heating and air conditioning equipment is installed, per state and local mechanical codes and manufacturer's instructions.

(d)Health requirements.

(1) Water supply, sewage disposal, and solid waste disposal meet local city ordinances and Oklahoma Department of Environmental Quality regulations.

(2) Rooms used by children are well lighted and ventilated.

(3) Windows and doors used for ventilation are screened.

(4) The foster parents keep the house and grounds free of rodents, insects, and stray animals.

(5) One operable sink, toilet, and tub or shower are available in the home.

(6) Each child has individual combs, toothbrushes, wash cloths, towels, and eating and drinking utensils.

(7) Linens are changed when needed.

(8) Animals or household pets are permitted, provided current rabies vaccinations are administered by a licensed veterinarian and maintained for each animal. Indoor or outdoor pets or animals, are in good health, show no evidence of carrying disease, friendly toward children, and present no threat to children's health, safety, and wellbeing.

(9) Tuberculosis testing is not required routinely. The foster family complies with the Oklahoma State Department of Health recommendations regarding tuberculin skin testing when there is a local identified tuberculin exposure.

(e)Sleeping arrangements. A separate bed is provided for each child. Siblings younger than six years of age may share a bed when their history indicates this is appropriate after agency consultation.

(1) Preferably no more than two children share a sleeping room. However, consideration is given to related children, per age and behavioral and emotional needs.

(2) Children of different sexes older than seven years of age have separate sleeping rooms. However, consideration is given to related children, per age and behavioral and emotional needs.

(3) Children in foster care older than one year of age do not share sleeping rooms with adults unless an emergency exists and the agency is informed.

(4) Children in foster care do not share a sleeping surface with adults.

(f)Infant rest arrangements.

(1)Bedding. A crib, port-a-crib, or playpen with a firm waterproof mattress or pad is used for each child younger than one year of age.

(A) Cribs, including portable cribs that can be folded or collapsed without being disassembled, meet the current Consumer Product Safety Commission (CPSC) full-size and non-full size crib standards, per Sections 1219 and 1220 of Title 16 of the Code of Federal Regulations.

(B) Verification of compliance with CPSC standards is maintained for duration of crib use.

(C) Cribs, port-a-cribs, and playpens with more than 2 and 3/8 inches between slats or between the side and end panels are prohibited.

(D) Cribs with decorative cutout areas in crib end panels or tall decorative knobs on the corner posts, entrapping a child's head or catch clothing, are prohibited.

(E) Mattresses are tight-fitting with no more than one inch between the mattress and crib.

(F) Mattress and crib sheets fit snugly.

(G) Drop-side latches hold sides securely and are inaccessible to the child.

(H) Pillows, blankets, quilts, comforters, sheepskins, stuffed toys, bumper pads, and other soft products are prohibited in the crib or playpen.

(I) Sleep positioners and elevated mattresses are prohibited, unless there is a medical reason documented by a licensed physician.

(J) Only pacifiers without attachments are in rest equipment with infants. Bibs are not placed around the infants' necks when in rest equipment.

(K) Infants birth through three months of age may be swaddled with an infant-sized, thin fabric, such as a receiving blanket, only when the infant is not mobile enough to move the fabric over his or her face.

(L) Play equipment and other items are not placed inside, above, or attached to the sides of infant rest equipment, unless there is a medical reason for a monitor or other device documented by a licensed physician. However, mobiles may be securely attached or hung above the crib provided no part of the mobile is within an infant's reach.

(M) When an infant falls asleep in equipment other than appropriate rest equipment, he or she is immediately moved to appropriate rest equipment.

(2)Sleep position. To reduce the risk of Sudden Infant Death Syndrome (SIDS), the infant:

(A) younger than 12 months of age is placed on the back for sleeping, unless a medical reason the infant should not sleep in this position is documented by a licensed physician. Documentation is maintained by the foster parent and the agency; and

(B) when able to turn over is placed initially on the back for sleeping but allowed to sleep in the preferred position.

(g)Emergency plans. The foster home complies with the requirements pertaining to emergency plans including:

(1) an available planned source of medical care, such as a hospital emergency room, clinic, or health care professional known to the foster family;

(2) a phone with emergency numbers posted for the health care professional or clinic, fire department, police department, ambulance service, poison control, and substitute caregiver;

(3) an emergency evacuation plan in the event of fires, tornadoes, floods, and other emergencies;

(4) first aid procedures and supplies readily available; and

(5) periodic evacuation drills, ensuring each child knows evacuation procedures.

(h)Equipment. Equipment and furniture are safe for children. The foster home has child care equipment, including bedding, high chairs, proper auto restraints, and age-appropriate toys.

(i)Transportation. Children in foster care are transported, per Child Passenger Restraint System, Section 11-1112 of Title 47 of the Oklahoma Statutes (47 O.S. § 11-1112). Emergency transportation is available.

(1)Driver qualifications. Drivers transporting children in foster care have an operator's license of the type appropriate for the vehicle and valid in the driver's state of residence.

(2)Passenger restraints. Transported children are properly secured in a child passenger restraint system (car seat) or individual seat belt.

(A) The car seat is:

(i) federally approved;

(ii) installed, per the manufacturer's instructions;

(iii) appropriate to the child's height, weight, and physical condition, per the manufacturer's instructions; and

(iv) properly maintained.

(B) Each seat belt is properly anchored to the vehicle and fits snugly across the child's hips or securely anchors the car seat.

(3)Vehicle requirements.

(A) The transporting vehicle is covered by liability insurance as required by Oklahoma laws.

(B) Each vehicle used for foster care children transportation has door locks. The driver keeps the doors locked when the vehicle is moving.

(j)Nutrition. Each child is provided a balanced, nutritious, and developmentally appropriate diet.

(1) The food is wholesome in quality, ample in quantity, and of sufficient variety.

(2) Instructions for feeding infants, including the use of formula, recommended by the licensed physician are followed.

Okla. Admin. Code § 340:110-5-60

Amended at 10 Ok Reg 2273, eff 6-11-93; Amended at 13 Ok Reg 997, eff 1-24-96 (emergency); Amended at 13 Ok Reg 2663, eff 6-28-96; Amended at 22 Ok Reg 28, eff 10-1-04 (emergency); Amended at 22 Ok Reg 35, eff 10-1-04 (emergency); Amended at 22 Ok Reg 1304, eff 6-1-05; Amended at 23 Ok Reg 1092, eff 6-1-06

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 9/15/2023

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024