Okla. Admin. Code § 340:75-19-26

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

Section 340:75-19-26 - Foster care maintenance payment for the child in tribal custody

(a) Oklahoma Human Services (OKDHS) provides foster care maintenance payment to approved tribal-certified foster homes for the placement of the child in tribal custody when OKDHS has a contractual agreement with the child's tribe for the payment of foster care and the tribe submitted Form 04TB004E, Indian Child Welfare Program Referral, along with a copy of the court order and case plan to the assigned OKDHS tribal program staff.

(b) The tribe sends copies of updated case plans and current court orders to tribal IV-E program staff. The Indian child's tribe immediately notifies tribal IV-E program staff via Form 04TB003E, Indian Child Welfare Program Update, of any change in the child's placement or custody.

(c) The child's tribe provides services and supervises the child's placement when the child is in tribal custody.

(d) The child's tribe makes application on behalf of the child for any financial benefits, such as Social Security, to which the child is entitled. When the child is determined eligible, the child's tribe immediately notifies tribal IV-E program staff by submitting Form 04TB003E with updated information. The foster care maintenance payment is reduced by the dollar amount of the benefit.

(e) Each tribe develops and implements policies and practices per federal regulations related to Titles IV-B and IV-E. Tribes may request technical assistance from OKDHS regarding:

(1) federal law, policy, and regulation;

(2) accountability for fiscal and program operations;

(3) reporting procedures; and

(4) compliance with the terms and conditions of tribal and OKDHS agreements.

(f) When OKDHS identifies questionable foster care practices or circumstances that may jeopardize continued federal funding, the situation is reviewed and reconciled by a panel of tribal and OKDHS officials on a case-by-case basis. When reconciliation is not possible, both parties may present views to the OKDHS Director who determines if continued payment is made on behalf of the cases affected.

Okla. Admin. Code § 340:75-19-26

Added at 19 Ok Reg 2209, eff 6-27-02; Amended at 23 Ok Reg 1024, eff 5-11-06; Amended at 24 Ok Reg 1044, eff 6-1-07; Amended at 30 Ok Reg 839, eff 7-1-13

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022