Okla. Admin. Code § 340:75-4-12.1

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

Section 340:75-4-12.1 - Family-centered and community-based services

(a)Safety planning. When a child abuse or neglect investigation is completed, the child welfare (CW) specialist makes determinations that include:

(1) the investigative finding;

(2) if the child is safe or unsafe in the home;

(3) the protective capacities of the person responsible for the child; and

(4) appropriate ongoing service needs for the family. Ongoing service options include:

(A) a determination that no services are needed;

(B) a referral for community-based services including Oklahoma Children's Services (OCS); and

(C) opening an Oklahoma Human Services (OKDHS) family-centered services (FCS) case.

(b)Safety Plan. The Safety Plan and service planning include the family's involvement and input. The risk of future maltreatment to the child, safety threats, the family's protective capacities, and the level of need within the family determine the intensity of services required to address concerns within the family.

(c)Family service agreement. The family service agreement documents the parent or legal guardian's acceptance of CW services and intervention to assist the family to safely care for the child.

(d)Family service agreement informal supports. With the family's permission, supportive persons, such as kin, extended family members, friends, neighbors, volunteers, tribal representatives, and other culturally-relevant supports may be involved in Safety Plans and service agreements. Supportive persons who agree to be resources for the family commit to involvement in the safety planning and sign the voluntary Safety Plan.

(e)Family meeting (FM). An FM is a structured, facilitated meeting that includes parents, caregivers, relatives, CW specialists, tribal partners, service providers, and other culturally-relevant supports to collaboratively create plans that address the child's safety, permanency, and well-being.

(f)Family service agreement supports. Family service agreement supports include programs and professional services, such as culturally-relevant, community-based service programs to assist the family with incorporating new behaviors that support safety. OCS is community-based contracted services authorized by Section 1-9-110 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-9-110) and per Oklahoma Administrative Code (OAC) 340:75-1-151.

(g)Voluntary family care.

(1) Voluntary family care is available as a preventive and protective service to enhance family functioning without court intervention.

(2) Per 10A O.S. § 1-7-112, when the parent with legal custody requests, OKDHS may accept any child into voluntary family care placement. The parent considering voluntary family care is informed:

(A) he or she may, at any time, request that OKDHS return the child to the parent;

(B) evidence gathered during the time the child is voluntarily placed may be used at a later time as the basis for a petition alleging the child is deprived or as the basis for a petition seeking termination of parental rights;

(C) of the timelines and procedures for voluntary family care placement;

(D) a period of voluntary family care placement, per 10A O.S. § 1-7-112, does not exceed 90-calendar days, except as otherwise provided by OKDHS policy;

(E) voluntary family care placement, per the conditions and restrictions of 10A O.S. § 1-7-112, does not constitute abandonment, abuse, or neglect as defined in the Oklahoma Children's Code; and

(F) he or she may be assessed the full or partial cost of the voluntary family care placement.

(3) Voluntary family care requires a written agreement signed by the parent or legal guardian and OKDHS wherein authority is given to OKDHS to place the child in family care and provide for the child's needs.

(4) Family care by voluntary request is approved for an initial 30-calendar day period and may extend to a 90-calendar day maximum when the extension results in family reunification without requiring court intervention.

(5) Court intervention is required when voluntary family care reaches a maximum of 90-calendar days and the parent or legal guardian does not accept the child's return.

(h)Protective and preventive child care. Child care services may be provided to a family when a:

(1) child is at risk of removal from the home due to abuse or neglect; and

(2) family is in the process of reunification, per OAC 340:75-6-91.

(i)SoonerStart services. SoonerStart Early Intervention Program (SoonerStart) is a statewide, interagency, multidisciplinary system of services to families with children birth to 36 months with developmental delays. SoonerStart services may be provided to a child who is:

(1) the victim of substantiated abuse or neglect; or

(2) a party in an open FCS case.

(j)Medical or Dental Treatment. When the parent of a child in a Safety Plan with OKDHS is unavailable, the child's Safety Plan monitor may authorize medical or dental treatment or examinations that are necessary for the child's well-being.

Okla. Admin. Code § 340:75-4-12.1

Added at 20 Ok Reg 2072, eff 6-26-03; Amended at 23 Ok Reg 1024, eff 5-11-06; Amended at 24 Ok Reg 1044, eff 6-1-07; Amended at 27 Ok Reg 1092, eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10; Amended at 29 Ok Reg 635, eff 6-1-12

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/15/2020

Amended by Oklahoma Register, Volume 39, Issue 04, November 1, 2021, eff. 7/19/2021

Amended by Oklahoma Register, Volume 39, Issue 10, February 1, 2022, eff. 12/21/2021

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