Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 75 - Licensing Services › Subchapter 19 - Working With Indian Children › Section 340:75-19-32 - Agreements for foster care

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Oklahoma Indian Child Welfare Act (ICWA) Section
				40.7 of Title 10 of the Oklahoma
				Statutes authorizes Oklahoma Human Services (OKDHS) to enter into contractual
				agreements with Indian tribes for the care and custody of Indian children and
				jurisdiction over child custody proceedings which provide for orderly transfer
				of jurisdiction on a case-by-case basis and provide for concurrent
				jurisdiction. The objective of the agreements is to enhance coordination and
				cooperation between the tribes and OKDHS in providing appropriate foster care
				and related services to Indian children in both OKDHS and tribal
				custody.
(b) OKDHS pays the costs
				of foster care to tribally approved foster homes for the placement of Indian
				children in OKDHS or tribal custody.
(c) Tribes develop and implement tribal
				foster home standards according to each tribe's culture and standards. The
				tribe's foster home standards are submitted in writing to OKDHS tribal program
				staff and the tribe uses these standards to certify tribal foster homes.
				Tribal-certified foster families may serve as placement resources for the
				Indian child in OKDHS or tribal custody.
(d) The foster care maintenance payment to
				the tribal-certified foster home is initiated only after the tribe submits the
				tribal-certified foster resource home study. Maintenance payments are not
				provided to any tribal foster home prior to the tribe's approval date and
				OKDHS' receipt of all required documentation including all required background
				checks. The tribe mails or faxes each completed tribal-certified foster
				resource home study and re-assessment to Child Welfare Services (CWS) tribal
				IV-E program staff. The Indian child welfare (ICW) worker sends documentation
				of the effective date and reason for closure of tribal foster homes to CWS
				tribal IV-E program staff.
(e)
				Confidentiality is addressed in each contractual agreement for foster care. The
				tribe agrees to exercise confidentiality and provide information only to those
				persons who need the information in order to exercise the tribes' rights under
				the federal and state ICWA.
(f)
				Federal and Oklahoma laws and regulations regarding review hearings, permanency
				hearings, case plans, and recordkeeping are applicable to the Indian child
				placed in tribal custody and a tribal foster home.
(g) Each contractual agreement for foster
				care includes OKDHS responsibilities for placement of the Indian child in
				tribal custody.
(h) The tribe
				agrees to abide by the placement preferences of the federal and state ICWA
				unless the tribe establishes a different order of preference by resolution. The
				tribe submits any changes in the tribe's placement preference order, in
				writing, within 10-calendar days, to OKDHS tribal program staff.
(i) The Plan of Operation is a binding part
				of each contractual agreement for foster care and sets forth tribal foster home
				procedures and protocols for the placement and services of the Indian child in
				tribal custody.
Added at 19 Ok Reg
				  2209, eff 6-27-02; Amended at 23 Ok Reg 1024, eff 5-11-06; Amended at 30 Ok Reg
				  839, eff 7-1-13