Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 75 - Licensing Services › Subchapter 13 - Other Child Welfare Services and Medical Services for Children in Out-Of-Home Care › Part 2 - TITLE IV-E ELIGIBILITY AND REIMBURSABILITY › Section 340:75-13-16 - Title IV-E reimbursement and eligibility re-determination

Current through Vol. 41, No. 20, July 1, 2024
(a)
Title
				  IV-E eligibility re-determination.
When the child is determined eligible
				  for Title IV-E, an eligibility re-determination is conducted by the custody
				  specialist at least once every 12 months to determine whether the cost of the
				  child's out-of-home care is reimbursable by Title IV-E funds. The review
				  determines:
(1) legal responsibility for the
				  child. To continue to receive Title IV-E reimbursement, a court order is
				  required verifying the child is in the legal custody of Oklahoma Department of
				  Human Services (OKDHS) or an Indian tribe; and
(2) if the child's placement is a Title IV-E
				  reimbursable qualifying placement. A qualifying placement is any placement that
				  is Title IV-E reimbursable, such as:
(A) an
				  OKDHS or tribally approved foster home of an individual, per Section
				  1-1-105 of Title 10A of the
				  Oklahoma Statutes;
(B) a private
				  child care institution;
(C) a
				  public child care group home; or
(D) child care facility licensed for no more
				  than 25 children.
(3) if
				  subparagraphs (B) through (D) of paragraph (2), collectively referred to as
				  child care institution (CCI), may claim foster care maintenance payment (FCMP),
				  per Section 475(4) of the Social Security Act (42 United States Code (U.S.C.)
				  § 675(4)).
(A) Title IV-E agencies may
				  claim for Title IV-E foster care maintenance payments to be paid on behalf of
				  an eligible child placed in a child care institution for up to two
				  weeks.
(B) Title IV-E agencies may
				  continue to claim administrative costs for the duration of the period in the
				  CCI regardless of whether the CCI meets the restrictions in
				  42 U.S.C. §
													672(k).
(C) After two weeks, Title IV-E FCMP for a
				  child placed in a CCI are only available if that CCI is a:
(i) qualified residential treatment program
				  (QRTP), as defined in 42
				  U.S.C §
														672(k)(4) and
				  per Oklahoma Administrative Code (OAC):340:75-11-230 that require:
(I) completion of a Child and Adolescent
				  Needs and Strengths assessment within 30-calendar days of the child's placement
				  in a QRTP, per 42 U.S.C.
				  §
															675A(c)(1)(A) and OAC
				  340:75-14-1; and
(II) court approval within 60-calendar days
				  of the child's placement in a QRTP, per
				  42 U.S.C. §
															675A(c)(2);
(ii)  setting specializing in providing
				  prenatal, post-partum, or parenting supports for youth;
(iii) in the case of a youth who attained 18
				  years of age, a supervised setting in which the youth is living
				  independently;
(iv) setting
				  providing high-quality residential care and supportive services to children and
				  youth who were found to be, or are at risk of becoming, sex trafficking
				  victims; or
(v) licensed residential
				  family-based treatment facility for substance abuse, per
				  42 U.S.C. §
														672(j) and OAC
				  340:75-14-4.