Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 75 - Licensing Services › Subchapter 8 - Therapeutic Foster Care and Developmental Disabilities Services › Part 1 - THERAPEUTIC FOSTER CARE › Section 340:75-8-8 - Therapeutic foster care (TFC) or intensive therapeutic family care (ITFC) contractor requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) TFC or ITFC
				  contractors:
(1) actively recruit prospective
				  TFC or ITFC parents who reflect the racial and ethnic diversity of children
				  requiring placement, in compliance with the Multiethnic Placement Act of 1994
				  and the Interethnic Provisions of 1996, per Oklahoma Administrative Code (OAC)
				  340:75-7-10;
(2) actively recruit prospective TFC or ITFC
				  parents who are receptive and capable of meeting the service needs of all
				  Oklahoma Human Services (OKDHS) custody children determined to be eligible for
				  TFC or ITFC placement;
(3) engage
				  with a family within one-business day of receiving a recruitment lead referral
				  from OKDHS. Upon request, the contractor communicates to Child Welfare Service
				  (CWS) progress on resource development;
(4) certify TFC or ITFC homes according to
				  rules established by Child Care Services (CCS), CWS, OAC
				  340:75-7-10 through
				  340:75-7-19, Oklahoma Health Care
				  Authority (OHCA), and the requirements outlined in the OKDHS placement
				  agreement for residential behavioral management services (RBMS) in TFC or ITFC
				  Settings;
(5) ensure each TFC or
				  ITFC parent receives the appropriate pre-service training according to CCS and
				  OHCA rules, per OAC
				  317:30-5-740.1 or OAC
				  317:30-5-750.1, CWS resource
				  family requirements, and the requirements outlined in RBMS in TFC or ITFC
				  sections, prior to a child's placement in the home;
(6) ensure the TFC or ITFC home meets all
				  OKDHS certification requirements prior to a child's or youth's placement in the
				  home;
(7) evaluate the TFC or ITFC
				  parent's ability to provide TFC or ITFC services and meet the needs of children
				  receiving RMBS in a foster care setting, per OAC
				  340:75-7-94;
(8) participate in regularly scheduled
				  staffings on all child abuse and neglect referrals with CWS program staff, per
				  OAC 340:75-3-410. Each TFC or ITFC
				  home file a log of all investigations and screened-out referrals for use as a
				  continual assessment of safety and resource home developmental needs;
(9) ensure that no TFC or ITFC home is used
				  for new placements or respite care while under investigation for child abuse or
				  neglect. CWS has the right to decline or may discontinue the home's use for
				  placement when the TFC or ITFC parent's documented efforts did not resolve the
				  concerns. New placements or respite care cannot resume without specific consent
				  of the TFC liaison and liaison supervisor;
(10) ensure each TFC or ITFC parent meets the
				  requirements for in-service training as defined in the OKDHS RBMS
				  contract;
(11) ensure the TFC or
				  ITFC parent has training and support to apply reasonable and prudent parent
				  standards, per Section
				  1-1-105 of Title 10A of the
				  Oklahoma Statutes. The reasonable and prudent parent standard is characterized
				  by careful and sensible parental decisions that maintain the child's health,
				  safety, and best interests while at the same time encouraging the child's
				  emotional and developmental growth. This standard is used by the child's TFC or
				  ITFC parent when determining whether to allow a child to participate in
				  extracurricular, enrichment, cultural, and social activities. The TFC or ITFC
				  parent may request consultation with the CWS specialist, biological parent or
				  guardian, TFC or ITFC contractor staff, or other parties to the child's case to
				  assist with decision-making and ensure the child has access to immediate
				  therapeutic response and support when needed. Visitation with the child's
				  family of origin, or with connections identified by OKDHS to have restricted
				  contact with the child, is approved by the child's CWS specialist;
(12) complete Form 04TF006E, Unsupervised
				  Time Assessment, for all TFC or ITFC children, regardless of age, anytime an
				  assessment is made that the child has the ability to have time away from the
				  TFC or ITFC parent's direct supervision for activities other than those
				  included under reasonable and prudent parenting standards, such as the child
				  spending time alone or attending a child care program while the TFC parent
				  works. This assessment includes, but is not limited to, child care utilization
				  and the TFC parent's availability to respond to behavioral needs and all
				  problems when the child is not under his or her direct supervision. The
				  assessment is documented as part of the child's ongoing TFC or ITFC treatment
				  plan with a copy of the finalized plan provided to the TFC or ITFC parent or
				  parents;
(13) request approval from
				  the TFC liaison and liaison supervisor when accessing child care. The written
				  request includes the:
(A) therapeutic
				  justification of daily child care outside of the child's TFC placement home in
				  the child's treatment plan;
(B)
				  justification for the TFC parent's need for child care outside of the child's
				  TFC placement home;
(C) ability of
				  child care staff or the child care provider to meet the child's emotional and
				  behavioral needs and all problems;
(D) availability of the TFC parent and TFC
				  contractor staff to respond to behavioral needs and all problems at the child
				  care environment;
(E) verification
				  of the child care center's licensing status, star ratings, and adult-to child
				  ratio, per OAC
				  340:75-7-65(a)(4)(A);
(F) proposed weekly schedule for child care
				  utilization; and
(G) planned length
				  of use of child care as a service component of the child's treatment
				  plan;
(14) follow
				  established protocol found in the RBMS, contract for TFC or ITFC services, for
				  managing the transfer of a currently certified foster home from another
				  contracting agency;
(15) do not
				  certify a OKDHS employee as a TFC or ITFC parent without prior written approval
				  from the CWS director or designee. The TFC or ITFC contractor submits the
				  written request to the CWS TFC program staff. The request's review is
				  consistent with OAC
				  340:75-7-10.1;
(16) do not certify a TFC or ITFC agency
				  employee assigned to the TFC or ITFC program as a TFC or ITFC parent without
				  prior written approval from the TFC field administrator. The request includes a
				  copy of TFC or ITFC agency policy regarding certification of the TFC or ITFC
				  agency employees;
(17) do not
				  accept a TFC or ITFC parent application from a person licensed to provide child
				  care services. Families are not approved as licensed family child care homes
				  and TFC or ITFC homes at their home or in any other location;
(18) establish a procedure to address and
				  document a response to concerns in a TFC or ITFC home that do not warrant a
				  referral for an abuse or neglect assessment or investigation. Examples of these
				  concerns include, but are not limited to, a TFC or ITFC parent's judgment or
				  supervision, disciplinary practices, non-compliance with policy or contract,
				  unacceptable housing standards, inadequate clothing provisions for the child,
				  or a lack of involvement in the child's education or independent living skills.
				  CWS has the right to decline the home's use when the TFC or ITFC parent's
				  documented efforts did not resolve the concerns; and
(19) require all TFC or ITFC parents to
				  immediately report to the TFC or ITFC contractor:
(A) charges or arrests of any TFC or ITFC
				  parent or household member and any criminal investigation of a TFC or ITFC
				  parent or household member; or
(B)
				  a proceeding for a protective order filed by, or against any member, of the
				  household. The TFC or ITFC contractor immediately reports these events to the
				  TFC liaison and liaison supervisor and complies with directives given to ensure
				  the safety of children in the home.