Okla. Admin. Code § 340:110-5-57

Current through Vol. 42, No. 1, September 16, 2024

Section 340:110-5-57 - Requirements for foster home agencies

(a)Licensed foster home agency (agency) responsibility. The agency retains legal responsibility for supervision, decision-making, and ensuring continuity of care. The agency is responsible for foster home certification to Child Care Services Licensing, on Oklahoma Human Services (OKDHS) provided forms verifying the foster home meets minimum requirements.

(1)Criminal history records search. The agency conducts a criminal history records search for each foster family member 18 years of age and older.

(A)Authorized agencies. A criminal history records search is obtained from:

(i) the Oklahoma State Bureau of Investigation (OSBI);

(ii) the authorized agency in an individual's previous state of residence when the individual has resided in Oklahoma for less than five years;

(iii) a Federal Bureau of Investigation (FBI) national criminal history search, based on the individual's fingerprints; and

(iv) any child abuse registry search maintained by a state where the prospective foster parent or any adult living in the home of the prospective foster parent resided in the past five years.

(B)Sex Offenders Registry. The OSBI report must include an Oklahoma Department of Corrections files search maintained by OSBI, per the Sex Offenders Registration Act.

(C)Restricted Registry. Prior to certification of a foster home, the agency conducts an online search of the Restricted Registry, also known as Joshua's List. A copy of the results is maintained in the foster home file.

(2)Disqualifying crimes. A prospective foster parent is not an approved placement when the prospective foster parent or any other individual residing in the prospective foster parent's home was convicted of any of the following felony offenses:

(A) within the five-year period preceding the application date, physical assault, battery, or a drug-related offense;

(B) child abuse or neglect;

(C) domestic abuse;

(D) a crime against a child including, but not limited to, child pornography; or

(E) a crime involving violence including, but not limited to, rape, sexual assault, or homicide, but excluding those crimes included in (A) of this paragraph.

(3)Certification. A certification copy is maintained in the foster home case file.

(A) Foster home certification applies only to the residence location at the time the home study is made.

(B) When the family moves, the agency certifies the new location.

(4)Agency policy. Foster parents receive foster care agency policy.

(5)Medical services. The agency ensures the child in foster care receives appropriate medical services.

(6)Case planning. The agency is responsible for case planning.

(7)Supervision. The agency provides supervision to each child in foster care at least monthly, including visits with the child, and on-site home visits for assessing the continued foster home environment suitability.

(8)Written agreement. The agency completes a written foster family agreement, and provides foster parents a copy. The agreement includes statements regarding:

(A) the financial agreement, when applicable, between the agency and the foster home;

(B) the foster home will not:

(i) accept a non-relative child from any source other than the foster home agency without certifying agency approval; or

(ii) provide child care regularly unless approved for dual foster care and child care licensing; and

(C) the agency may remove the child at its discretion;

(D) the child in foster care is discharged only with agency consent;

(E) agency-approved visitation by the child's parents or relatives;

(F) the child's absences from the home, including respite care, per agency policy;

(G) the foster parents agree to cooperate with agency personnel in foster home evaluation and ongoing foster home supervision; and

(H) the foster parents agree to contact the agency when a household member allegedly commits an act described in (a)(2) of this Section.

(9)Agency grievance policy and procedures. The agency maintains written foster parent and children grievance policy and procedures.

(b)Foster home certification. Certification includes written documentation of:

(1) application, including prior child care experience with other agencies;

(2) foster parents' children's health information, including immunizations and health statements, from licensed health care professionals within twelve months prior to certification;

(3) a health care professional's statement certifying adult household members had a physical examination within twelve months prior to certification, verifying adult household members:

(A) are in good health; and

(B) do not have a condition interfering with the ability to care for children; and

(4) three non-relative written references having knowledge of family functioning;

(5) a current, completed foster home study before home approval; and

(6) a criminal history records search conducted for each household member 18 years of age and older, per Oklahoma Administrative Code (OAC) 340:110-5-57(a)(1) and (2).

(c)Foster home study. Prior to foster home approval and child placement, the agency provides a written home study containing at least the information included in (1) through (18) of this subsection. The information is:

(1)interviews and home visits. Interviews and home visit documentation at least includes one:

(A) separate face-to-face interview with each parent, school-age child, and any other household member;

(B) joint face-to-face interview; and

(C) home visit; and

(2)household composition. Information regarding household composition includes each individual residing in the home for more than 30-calendar days;

(3)criminal history records search. A criminal history records search is conducted on each household member 18 years of age and older, per OAC 340:110-1-57(a)(1) and (2), prior to initial home approval and when a household member, 18 years of age and older, moves into the home;

(4)foster child preferences. The foster home study includes statements regarding the applicant's preference for child's age, gender, and special needs;

(5)motivation, attitudes, and expectations. The foster home study includes motivation and attitudes toward foster care and expectations regarding children in foster care;

(6)health. Each household member's health information includes:

(A) present physical health;

(B) emotional stability;

(C) medical history; and

(D) drug or alcohol history; and

(7)family functioning. Family functioning includes relationships and interactions within the family;

(8)foster parents' marital status. The foster home study includes foster parents' marital status information, such as:

(A) present marital status and marriage date;

(B) marriage or relationship description; and

(C) previous marriages or significant relationship history; and

(9)employment. The foster home study includes family members' employment histories;

(10)financial information. The foster home study includes annual income documentation;

(11)education. The foster home study includes family members' education;

(12)religion. Information includes the family's religious preference and practices;

(13)home description. The home description includes the:

(A) type of dwelling and physical description; and

(B) location and neighborhood description; and

(14)weapons and firearms. The foster home study includes location of weapons and firearms, and safety precautions;

(15)transportation. Information includes the family's mode of transportation and verification of:

(A) a valid driver license for each family member transporting a child in foster care;

(B) current vehicle registration and insurance verification; and

(C) an agreement to transport all children and adults, per Child Passenger Restraint System, Section 111112 of Title 47 of the Oklahoma Statutes (47 O.S. § 11-1112); and

(16)family history. The foster home study includes family history information, including:

(A) parents' and siblings' names;

(B) birth dates and places;

(C) physical health and mental stability;

(D) relationship with family members;

(E) social, cultural, and religious orientation; and

(F) foster parent's childhood information, including discipline; and

(17)written references. The foster home study includes three written references from individuals with information including:

(A) name, address, and phone number;

(B) when and how the individual became acquainted with the applicants;

(C) how often the individual has family contact;

(D) family functioning; and

(E) opinions regarding personal qualities and ability to provide foster care; and

(18)recommendation. The foster home study includes home approval recommendation and:

(A) is signed and dated by the individual conducting the foster home study and the child placement supervisor; and

(B) when approved, includes the type of child preferred and approved number of children.

(d)Annual home study updates. The foster home study is updated annually to include:

(1) home visit documentation;

(2) face-to-face interview documentation with each parent, school-age child, and other household members;

(3) current vehicle insurance verification; and

(4) any significant changes from the initial home study.

(e)Foster parent professional development. The agency maintains documentation of foster parents' required professional development.

(1) Prior to foster home certification or child placement, the agency provides six hours of orientation or pre-service professional development, at least, including:

(A) agency organizational structure;

(B) agency policy;

(C) agency philosophy;

(D) confidentiality;

(E) mandatory child abuse reporting;

(F) grievance process;

(G) emergency medical procedures;

(H) fire and disaster plans; and

(I) application of reasonable and prudent parent standard.

(2) Within twelve months prior to certification or during the first certification year, foster parents receive professional development regarding:

(A) child development;

(B) behavior management;

(C) separation and loss; and

(D) infection control and injury prevention.

(3) Within the first certification year, foster parents receive six professional development hours relevant to the needs of children in foster care. Professional development topics, per (2) of this subsection, may meet this requirement if received during the first certification year.

(4) Each calendar year after the first certification year, foster parents receive 12 professional development hours relevant to roles and responsibilities.

Okla. Admin. Code § 340:110-5-57

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 921, eff 5-12-05; Amended at 23 Ok Reg 1092, eff 6-1-06; Amended at 26 Ok Reg 415, eff 11-20-08 (emergency); Amended at 26 Ok Reg 2239, eff 7-1-09; Amended at 31 Ok Reg 154, eff 11-1-13 (emergency); Amended at 31 Ok Reg 1854, eff 9-15-14; Amended at 33 Ok Reg 146, eff 11-2-15 (emergency)

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

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