Okla. Admin. Code § 340:75-7-18

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

Section 340:75-7-18 - [Effective until 9/14/2025] Resource family assessment (RFA)

(a)RFA. Per Section 1-7-111 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-7-111), the Oklahoma Human Services (OKDHS) or RFA contractor conducts an assessment of the applicant's and each household member's background and other circumstances and conditions to determine if the home is suitable and provides a safe environment for the child in OKDHS custody requiring foster care. The RFA process is used to assess families providing the following types of out-of-home care to a child in OKDHS custody:

(1) traditional foster care;

(2) therapeutic foster care;

(3) intensive treatment family care; and

(4) contracted foster care.

(b)Mandate to conduct background information search. 10A O.S. § 1-7-111 and the Oklahoma Child Care Facilities Licensing Act, 10 O.S. §§ 401 et seq. mandate that a national criminal history records search based on the submission of fingerprints and a child abuse and neglect registry check be conducted for each applicant and each household member 18 years of age and older. The applicant and each adult household member sign to authorize OKDHS to conduct a search into the applicant's and adult household member's criminal history records and OKDHS records.

(c)Form 04AF004E,House assessment. An in-home evaluation of the applicant's residence is conducted, including thorough review of weapon safety.

(1) An applicant or parent ensures the safety of a child in OKDHS custody who comes within close proximity to:

(A) a firearm or other weapon; or

(B) an individual in possession of a firearm or other weapon.

(2) Any firearm or weapon in the home is maintained, along with any ammunition, in a secure container, cabinet, or closet or otherwise be inaccessible at all times to children who are in the home.

(3) No firearm or weapon is transported in any vehicle in which a child in OKDHS custody is riding unless the firearm or weapon is safely secured or inaccessible to the child.

(4) A law enforcement official is exempt from (2) and (3) of this subsection when conditions of employment require ready and immediate access to his or her weapon.

(5) An applicant or parent licensed to carry a handgun, whether concealed or unconcealed, per 21 O.S. §§ 1290.1 et seq., the Oklahoma Self-Defense Act, may maintain the firearm in a holster secured to his or her person, per 21 O.S. § 1290.2. When the firearm is not holstered and secured to his or her person, it is maintained as required in (2) and (3) of this subsection.

(6) Any activity the child in OKDHS custody participates in that involves a weapon has appropriate adult supervision at all times. The applicant or parent obtains pre-approval for the child's participation in a weapons activity from the child's assigned CW specialist or CW supervisor.

(d)Number of children in the home. OKDHS determines the number and ages of children placed in each resource home.

(1)Maximum number of children allowed to reside in the resource home. The total number of children in OKDHS custody placed in a resource home does not exceed five. The total number of children in the resource home does not exceed six, which includes biological, adoptive, foster, and other children not in OKDHS custody. Approval to exceed these limits may be given to allow:

(A) a parenting youth in foster care to remain with his or her child;

(B) siblings to remain together;

(C) a child with an established meaningful relationship with the family to remain with the family; or

(D) a family with special training or skills to provide care to a child who has a severe disability.

(2)Maximum number of children younger than 2 years of age allowed in a resource home. No more than two children younger than 2 years of age including the resource parent's own children may reside or be placed in the resource home.

(3)Child in OKDHS custody placed in a tribal home. The number of children in OKDHS and tribal custody allowed to reside in a tribal resource home is determined by the applicable tribe. When a child in OKDHS custody is placed in a tribal home and placement exceeds six children, overfill procedures are followed. An Indian child in OKDHS custody is placed in compliance with the placement preferences of the Indian Child Welfare Act, per Oklahoma Administrative Code (OAC) 340:75-19.

(e)RFA disposition. Upon completion of the RFA, a decision regarding approval or denial is made after assessing the information gathered.

(1) The assessment process is completed and the determination regarding approval or denial is made no later than 60-calendar days after receipt of completed Form 04AF001E.

(2) OKDHS may approve or deny an applicant as a resource when the applicant or the home meets or does not meet requirements, per OAC 340:75-7.

(3) OKDHS makes the final determination of application denial, which may occur at any point during the process.

(f)Exceptions to assessment guidelines. Upon the applicant's or CW specialist's request, OKDHS may grant exceptions, provided adequate standards affording protection for the health, safety, and welfare of the child exist, and, for traditional resource homes, OKDHS may, at its discretion, grant a variance of specific rules or standards that do not compromise a child's safety and does not violate federal or state statutes.

(g)Application denial. When a decision is made to deny a resource home application, the applicant is provided an explanation regarding the reasons for the denial. Reasons for denying an application may include, but are not limited to:

(1) a lack of stable, adequate income to meet the applicant's own or total family needs, or the poor management of available income;

(2) the physical facility is inadequate to accommodate the addition of the child in OKDHS custody into the home, or presents health or safety concerns;

(3) a household member that has a history of alleged or confirmed child abuse, neglect, or both, per OAC 340:75-7-15;

(4) a household member that has a history of arrests or convictions, per OAC 340:75-7-15;

(5) any household member's health, behavioral health, or any condition that impedes the applicant's ability to provide appropriate care for a child;

(6) relationships in the household that are unstable and unsatisfactory;

(7) references that are guarded or have reservations in recommending the applicant;

(8) the applicant fails to complete the application, required training, or verifications timely as requested, or provides incomplete, inconsistent, or untruthful information;

(9) the home is determined unsuitable for the child requiring placement;

(10) the applicant applied for a child that OKDHS reasonably believes may not be available for placement; or

(11) one or more factors concerning any household member or conditions in the home, as described in the denial letter, renders the applicant or home environment inappropriate as a resource home.

(h)Authority to approve or deny resource home and Interstate Compact on the Placement of Children (ICPC) assessments. OKDHS determines the final disposition of each resource home and ICPC assessment completed by OKDHS or RFA contractors.

(i)Changes in the household. The applicant or parent notifies the resource specialist or RFA contractor:

(1) immediately of any:

(A) charges, arrests, or any alleged illegal activity committed by the applicant or any household member; and

(B) proceeding for a protective order filed by or against the applicant or any household member; and

(2) within 24 hours of any change in the household including, but not limited to:

(A) the address or the home's location, including emergency home displacement;

(B) any significant change in the home that impacts the family's day-to-day living;

(C) the death or serious illness of a resource parent;

(D) health;

(E) income;

(F) individuals moving in or moving out of the home for any reason; or

(G) new or terminated relationships.

Okla. Admin. Code § 340:75-7-18

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018

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

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

Amended by Oklahoma Register, Volume 42, Issue 7, December 16, 2024, eff. 10/10/2024, exp. 9/14/2025 (Emergency)