Part 5      SPECIALIZED FOSTER CARE

317:40-5-50.Purpose of Specialized Foster Care
[Revised 7-11-05]
(a) Specialized Foster Care (SFC) provides up to 24 hours per day of in-home residential habilitation services funded through the Community Waiver or the Homeward Bound Waiver. SFC serves individuals ages three and older. SFC provides an individualized living arrangement in a family setting including up to 24 hours per day of supervision, supportive assistance, and training in daily living skills.
(b) SFC is provided in a setting that best meets the specialized needs of the service recipient.

317:40-5-51.Scope of Specialized Foster Care
[Revised 7-11-05]
(a) Children in OKDHS custody. A child in the custody of the Oklahoma Department of Human Services (OKDHS) who is determined eligible for HCBS Waiver services in accordance with OAC 317:40-1-1 is eligible to receive Specialized Foster Care (SFC) services if the special needs of the child cannot be met in a Division of Children and Family Services (DCFS) foster home.
(1) SFC provides a temporary, stable, nurturing, and safe home environment for the child while the OKDHS plans for reunification with the child's family.
(2) In the event reunification is not achievable, SFC may be provided on a long-term basis while other more permanent living arrangements are sought.
(b) Non-custody children. SFC is a temporary service provided to children who are not in the custody of OKDHS when needed to prevent institutionalization.
(1) The intent of SFC is to allow the service recipient's family relief that cannot be satisfied by the provision of respite services or other in-home supports.
(2) SFC provides a nurturing, substitute home environment for the service recipient while plans are made to reunify the family.
(3) Parents of a child receiving SFC services must comply with requirements of OAC 317:40-5-56.
(c) Adults. SFC is an appropriate living arrangement for many adults. The decision to use SFC for an adult is based on the service recipient's need for residential support as described in his or her Plan.
(1) In general, SFC is appropriate for service recipients who have not experienced family life. A child served in SFC may continue to receive services in the home indefinitely after turning 18 years of age.
(2) The service recipient who receives SFC services lives in the provider's home.

317:40-5-52.Visitation and reunification in Specialized Foster Care
[Revised 7-11-05]
Service recipients in Specialized Foster Care (SFC) have a written plan that addresses visitation, reunification, or permanency planning, and which may also address guardianship as the service recipient approaches age 18.
(1) Custody children. When the Court has established a specific visitation plan, the Division of Children and Family Services (DCFS) specialist informs the SFC provider, the service recipient, the Developmental Disabilities Services Division (DDSD) case manager, and the natural family of the visitation plan.
(A) The SFC provider cooperates with the visitation plan between the child and family as prescribed by the Court or the service recipient's Team.
(B) The reunification effort is a joint responsibility of:
(i) the DCFS worker;
(ii) the DDSD case manager;
(iii) the natural family; and
(iv) the SFC family.
(C) For children in the custody of the Oklahoma Department of Human Services (OKDHS) who are attaining the age of 18, DCFS and DDSD work together to determine the need for guardianship. When it has been established that a legal guardian is in the child's best interest, both divisions work together to locate a guardian.
(2) Non-custody children. Visitation with the family is a part of the reunification efforts for non-custody children. Visitation must not be intrusive to the SFC home.
(3) Adults. Visitation with the adult service recipient's family is encouraged and arranged according to the preference of the service recipient. Visitation must not be intrusive to the SFC home.

317:40-5-53.Management of unacceptable behavior [REVOKED]
[Revoked 7-11-05]
317:40-5-54.Selection of Specialized Foster Care provider
[Revised 7-11-05]
Providers of Specialized Foster Care (SFC) must meet the requirements of this Section.
(1) Each provider is approved through the home profile process described in OAC 317:40-5-40.
(2) The individual provider of Specialized Foster Care is required to have a current Home and Community Based Waiver (HCBW) services contract with the Oklahoma Health Care Authority.
(3) The provider is required to have a current Fixed Rate Contract for room and board reimbursement with Developmental Disabilities Services Division (DDSD) when:
(A) the SFC service recipient is a child; or
(B) required by the adult SFC recipient's Team.
(4) OKDHS Form DCW-SH-2, Claim for Foster and Adoptive Home Purchase of Care, if required in accordance with paragraph (3) of this subsection, is completed and submitted monthly to OKDHS Finance by staff as designated by the DDSD area manager.

317:40-5-55.Specialized Foster Care provider responsibilities

[Revised 07-01-13]

(a) General responsibilities.  The responsibilities of all Specialized Foster Care (SFC) providers are listed in this Section.

(1) Providers of SFC are required to meet all applicable standards per OAC 317:40-5-40.

(2) Providers of SFC are required to receive competency based training per OAC 340:100-3-38.  The provider keeps all required training up to date and submits documentation to the SFC specialist at the time training is completed.

(3) The provider is an active participant of the member's Team and assists in the development of the member's Individual Plan (Plan) per OAC 340:100-5-50 through 100-5-58.

(4) The provider documents and notifies the case manager of any changes in behaviors or medical conditions of the member within one working day.  Incident reports are completed by the SFC provider and submitted to the Developmental Disabilities Services Division (DDSD) case manager per OAC 340:100-3-34.

(5) The SFC provider is available to the member at any time.

(6) The primary responsibility of the SFC provider is to provide SFC services to the member.  The SFC provider does not have employment unless the employment has been pre-approved by the residential programs supervisor for DDSD.

(A) Generally, providers are not approved for employment because the provider must be available before and after school or vocational programs and often during the day due to holidays or illnesses.

(B) If, after receiving approval for employment, it is found that the SFC provider's employment interferes with the care, training, or supervision needed by the member, the provider must determine if he or she wants to terminate the employment or have the member moved from the home.

(C) DDSD does not authorize Homemaker, Habilitation Training Specialist, or respite services in order for the SFC provider to perform employment.

(7) The provider does not deliver services that duplicate the services mandated to be provided by the public school district pursuant to the Individuals With Disabilities Education Act (IDEA-B).

(8) The provider allows the member to have experiences, both in and out of the home, to enhance the member's development, learning, growth, independence, community inclusion, and well-being, while assisting the member to achieve his or her maximum level of independence.

(9) The provider ensures confidentiality is maintained regarding the member per OAC 340:100-3-2.

(10) The provider is sensitive to and assists the member in participating in the member's choice of religious faith.  No member is expected to attend any religious service against his or her wishes.

(11) The provider arranges, and ensures that the member obtains a dental examination at least annually, and is responsible for obtaining regular and emergency medical services as needed. 

(12) The provider has a valid driver license, maintains a motor vehicle in working order, and complies with requirements of OAC 317:40-5-103, Transportation.

(13) The provider transports or arranges transportation, using adapted transportation when appropriate, for the member to and from school, employment, church, recreational activities, and medical or therapy appointments.

(A) SFC providers may enter into a transportation contract.

(B) The provider must assure availability and use of an approved and appropriate child auto restraint system as required by law in transporting children and, in cases of adults receiving services, any additional safety devices identified as necessary in the Plan.

(14) The provider assures the member is clean, appropriately dressed, and on time for activities and appointments.

(15) The provider ensures no other adult or child is cared for or resides in the home on a regular or part-time basis that was not approved through the home profile review process or without prior approval from the DDSD area manager or designee.

(16) The provider does not provide services to more than three individuals regardless of the type of service provided, including SFC, Children and Family Services Division foster care, respite, baby-sitting, or other such services.  Any exception to this paragraph must be approved in writing by the director of DDSD or designee prior to authorization or service delivery.

(17) The provider permits visitation and monitoring of the home by authorized DDSD staff.  In order to assure maintenance of standards, some visits are unannounced.  The visits occur at least monthly and are not intended to be intrusive but to ensure the safety and well-being of the member.

(18) The provider encourages and cooperates in planning visits in the SFC home by relatives, guardians, or friends of the member.  Visits by the member to the home of friends or relatives must be approved by the member's legally authorized representative.

(19) The provider abides by the policies of DDSD per OAC 340:100-3-12, Prohibition of client abuse, and OAC 340:100-5-58, Prohibited procedures.  The provider is prohibited from signing an authorization for school personnel to use physical discipline or corporal punishment.

(20) The provider notifies the DDSD case manager when the need arises for substitute supervision in the event of an emergency, in accordance with the Backup Plan, per OAC 317:40-5-59.  If the provider is out of the home for a short duration, a natural support in the home can provide time-limited supervision.

(A) A natural support is defined as an adult relative or spouse of the specialized foster parent that resides in the home.

(B) The Team approves the natural support and defines when this support may be accessed.

(C) Persons who are considered a natural support must complete training per OAC 340:100-3-38.12.

(D) Persons acting as a natural support may only provide supervision for brief, intermittent time periods.

(21) The provider provides written 30-day notice to the member and DDSD case manager when it is necessary for a member to be moved from the home.

(22) The SFC provider does not serve as representative payee for the member.

(23) The provider ensures the member's funds are properly safeguarded.

(24) The provider assists the member in accessing and using entitlement programs for which the member may be eligible.

(25) The provider must use the room and board reimbursement payment to meet the member's needs, as specified in the room and board contract.

(A) The provider retains a copy of the current room and board contract in the home at all times.

(B) Items purchased with the room and board reimbursement include, but are not limited to:

(i) housing;

(ii) food;

(iii) clothing;

(iv) care;

(v) incidental expenses such as:

(I) birthday and Christmas gifts;

(II) haircuts;

(III) personal grooming equipment;

(IV) allowances;

(V) toys;

(VI) school supplies and lunches;

(VII) school pictures;

(VIII) costs of recreational activities;

(IX) special clothing items required for dress occasions and school classes such as gym shorts and shirts;

(X) extracurricular athletic and other equipment, including uniforms, needed for the member to pursue his or her particular interests or job;

(XI) prom and graduation expenses including caps, gowns, rings, pictures, and announcements;

(XII) routine transportation expenses involved in meeting the member's medical, educational, or recreational needs, unless the provider has a transportation contract;

(XIII) non-prescription medication; and

(XIV) other maintenance supplies required by the member.

(C) All items purchased for the member with the room and board payment are the property of the member and are given by the provider to the member when a change of residence occurs.

(D) The room and board payment is made on a monthly basis and is prorated based on the actual days the member is in the home on the initial and final months of residence.

(26) The provider maintains a Personal Possession Inventory Form 06AC022E (DDS-22) for each member living in the home.

(27) The provider maintains the member's home record per OAC 340:100-3-40.

(28) The provider immediately reports to the DDSD SFC staff all changes in the household including, but not limited to:

(A) telephone number;

(B) address;

(C) marriage or divorce;

(D) persons moving into or out of the home;

(E) provider's health status;

(F) provider's employment; and

(G) provider's income.

(29) The provider maintains home owner's or renter's insurance, including applicable liability coverages, and provides a copy to the SFC Specialist.

(30) The provider serves as the Health Care Coordinator and follows the Health Care Coordinator policy per OAC 340:100-5-26.

(31) Each SFC provider follows all applicable rules of the Oklahoma Department of Human Services and the Oklahoma Health Care Authority, promotes the independence of the member, and follows recommendations of the member's Team.

(b) Responsibilities specific to SFC providers serving children.  The provider is charged with the same general legal responsibility any parent has to exercise reasonable and prudent behavior in his or her actions and in the supervision and support of the child.

(1) The provider works with the DDSD case manager and CFSD staff when the provider needs respite for a child in custody.

(2) The provider participates in the development of the Individual Education Plan (IEP) and may serve as surrogate parent when appropriate.

(3) The provider obtains permission and legal consent from the child's custodial parent or guardian and DDSD case manager prior to traveling out of state for an overnight visit.  If the child is in the custody of the OKDHS, the permission of the CFSD specialist is also secured.

(4) The provider obtains permission and legal consent from the child's custodial parent or guardian and DDSD case manager prior to involvement of the child in any publicity.  If the child is in OKDHS custody, the permission of the CFSD specialist is also secured.

(5) The provider reports any abuse, neglect, sexual abuse, or sexual exploitation of children per Section 1-2-101 of Title 10A of the Oklahoma Statutes to the Abuse Hotline at 1-800-522-3511.

(c) Responsibilities specific to SFC providers serving adults.  Additional SFC provider responsibilities for serving adults are given in this Subsection.

(1) The provider obtains permission from the member's legal guardian, when applicable, and notifies the DDSD case manager, prior to:

(A) traveling out of state for an overnight visit.

(B) involvement of the member in any publicity.

(2) When the member is his or her own payee or has a representative payee, the provider ensures the monthly contribution for services as identified in a written agreement between the member and the provider, is used toward the cost of food, rent, and household expenses.

(A) The member's minimum monthly contribution is $250.00 per month.

(B) Changes in the member's monthly contribution are developed on an individualized basis by the member's Team.

(3) Reports suspected maltreatment including abuse, verbal abuse, sexual abuse, neglect, financial neglect, and/or exploitation of a vulnerable adult per Section 10-104 of Title 43A of the Oklahoma Statutes to the Office of Client Advocacy (OCA).

317:40-5-56.Responsibilities of the parents of individuals in voluntary specialized foster care
[Revised 7-11-05]
(a) Natural or adoptive parents retain the responsibility for on going involvement and support of their child while the child is in specialized foster care (SFC).
(1) The parents are required to sign a written agreement allowing the Oklahoma Department of Human Services (OKDHS) to serve as the representative payee for the child's Social Security, other government benefits, and court-authorized child support.
(2) Social Security, other government benefits, and child support are used to pay for room and board (maintenance). Home and Community Based Services (HCBS) services do not pay for room and board (maintenance).
(b) Responsibilities of the parents of a child receiving voluntary SFC are:
(1) to provide respite to the foster SFC provider;
(2) to provide transportation to and from parental visitation;
(3) to provide a financial contribution toward the support of their child;
(4) to provide in kind supports such as disposable undergarments if needed, clothing, recreation, birthday and holiday presents, school supplies, and allowances or personal spending money;
(5) to follow the visitation plan as outlined by the service recipient's Team (see OAC 317:40-5-52);
(6) to maintain ongoing communication with the service recipient and SFC provider by letters and telephone calls;
(7) to be available in the event of an emergency;
(8) to work toward reunification when appropriate;
(9) to provide written consent for medical treatments as appropriate;
(10) to attend medical appointments, when possible, and keep informed of the service recipient's health status;
(11) to participate in the service recipient's education plan in accordance with the Department of Education regulations; and
(12) to be present for all Team meetings
(c) When moving out of Oklahoma, parents of a child receiving voluntary SFC are responsible to take their minor child with them, since the child is no longer eligible for services because he or she is no longer a resident of the State of Oklahoma.
(d) For children under age 18, the case manager reports to DCFS if the family moves out of Oklahoma without taking their child with them or cannot be located.

317:40-5-57.Developmental Disabilities Services Division case manager roles and responsibilities regarding Specialized Foster Care
[Revised 7-11-05]
In addition to other identified roles and responsibilities, the Developmental Disabilities Services Division (DDSD) case manager is responsible for:
(1) reporting any significant changes to the SFC specialist;
(2) assessing guardianship needs;
(3) facilitating pre-placement visits when approved by the SFC specialist;
(4) monitoring for current backup plan, as described in OAC 317:40-5-59;
(5) monitoring the service recipient's personal inventory, Form DDS-22;
(6) monitoring the service recipient's funds and resources monthly;
(7) reporting any potential violations of policy and standards to the SFC specialist in accordance with OAC 317:40-5-63 and assisting with the development of the provider's plan of action, if appropriate;
(8) assisting in the inventory of any necessary adaptive equipment, Form DDS-22;
(9) attending Court hearings for custody children;
(10) forwarding copies of monthly contact reports on custody children to the DCFS specialist;
(11) notifying the DCFS specialist or legally authorized representative of needed medical consents for pre-planned or emergency services; and
(12) completing appropriate section of Form DDS-24, Annual Review, and providing the information to the SFC specialist.

317:40-5-58.Developmental Disabilities Services Division Specialized Foster Care (SFC) staff roles and responsibilities
[Revised 7-11-05]
Developmental Disabilities Services Division (DDSD) SFC staff have the responsibility for:
(1) orientation and prescreening of SFC applicants;
(2) making contact with the potential SFC provider within five working days of receipt of a completed application to schedule interviews and start the Home Profile Process, described in OAC 317:40-5-40;
(3) completing the Home Profile within 90 working days after assignment of the application. The SFC specialist documents the reason for any delay beyond 90 days;
(4) maintaining regular contact with the provider by making a monitoring visit every six months with a minimum of one telephone contact in all other months.
(A) The SFC specialist completes the Monitoring Report (DDS-23) for each monitoring review.
(B) Items to be discussed during the telephone contacts are detailed in the Monthly Contact Monitoring Guide.
(5) completing a Specialized Foster Care/Agency Companion Annual Review (DDS-24) for the annual re-evaluation of each provider home by the renewal date;
(6) attending Team meetings for service recipients in SFC as necessary;
(7) responding to requests for SFC and respite care;
(8) providing technical assistance and training to SFC providers regarding claims and resolution of problems, such as:
(A) payments;
(B) family dynamics;
(C) DDSD policy;
(D) setting up the in-home record as described in OAC 340:100-3-40;
(E) setting up the provider record; and
(F) provider training;
(9) making unannounced home visits to ensure homes and providers are in compliance with DDSD standards and policy;
(10) reporting to DDSD State Office Training Staff as the provider's training occurs and is updated:
(A) the provider's name;
(B) the provider's Social Security Number; and
(C) dates and places of specific provider training;
(11) facilitating a written agreement for room and board contributions on behalf of the service recipient, if the Oklahoma Department of Human Services is not the representative payee for the service recipient;
(12) completing or obtaining the:
(A) Room and Board Reimbursement for Foster Care (DCW-FH-2);
(B) Authorization for SFC Services (DDS-SFC-1), that:
(i) is signed by the parent or legal guardian for service recipients not in custody who are requesting SFC services; and
(ii) allows for authorization of routine or emergency medical care and provides insurance information.

317:40-5-59.Back-up Plan for persons receiving Specialized Foster Care
[Revised 6-25-12]
Prior to a member moving into Specialized Foster Care (SFC), the SFC provider and the SFC specialist develop a Back-up Plan. The SFC specialist communicates the Back-Up Plan in writing to the DDSD case manager for incorporation into the Individual Plan.
(1) The Back-up Plan identifies the person(s) who provides emergency back-up supports.
(2) The member's natural family is considered as the first resource for the Back-up Plan at no cost to OKDHS, unless the member is in the custody of the Oklahoma Department of Human Services.
(3) The Back-up Plan contains the name(s) and current telephone number(s) of the person(s) providing back-up service.
(4) When paid providers are necessary, the Back-up Plan explains specifically where the service is to be provided.
(A) If back-up service is to be provided outside the SFC home, a Home Profile must be completed for the back-up staff per OAC 317:40-5-40.
(B) If back-up service is to be provided in the SFC home, the person providing this service must have completed all necessary requirements to become a paid provider, including:
(i)an Oklahoma State Bureau of Investigation (OSBI) name and criminal records history search , including the Department of Public Safety (DPS), Sex Offender, and Mary Rippy Violent Offender Registries;
(ii) a Federal Bureau of Investigation (FBI) national criminal history search, based on the fingerprints of the applicant;
(iii) a search of any involvement as a party in a court action that may impact the safety or stability of the member that includes:
(I)     victims protective order; or
(II) bankruptcy;
(iv) a search of all Oklahoma Department of Human Services (OKDHS) records, including child welfare (CW) records;
(v) a search of all applicable out-of-state child abuse and neglect registries for any applicant who has not lived continuously in Oklahoma for the past five years. The applicant is not approved without the results of the out-of-state maintained child abuse and neglect registry checks, if a registry is maintained in the applicable state;
(vi) Community Services Worker registry check;
(vii) Oklahoma statutorily mandated liability insurance coverage, and a valid driver license; and
(viii) completion of required DDSD training per OAC 340:100-3-38.4.
(C) The Back-up Plan details where the member and provider will stay if the provider's home is not habitable. If there is a fee to stay in the alternate location, the fee is paid by the provider and not reimbursed by DDSD.
(5) The Back-up Plan is jointly reviewed at least monthly by the SFC specialist and the SFC provider to ensure the Back-up Plan continues to be appropriate and current.
(6) The SFC provider is responsible to report any needed changes in the Back-up Plan to the SFC specialist.(7) The SFC specialist will report any changes in the Back-up Plan to the case manager.
317:40-5-60.Relief support for providers of Specialized Foster Care
[Revised 7-11-05]
When natural or other unpaid supports are not available, the Specialized Foster Care (SFC) provider may request relief support.
(1) Relief units do not replace the responsibilities of the SFC provider on a regular basis.
(2) All relief units must be justified in the service recipient's Plan process.
(3) No more than 720 hours annually may be authorized unless approved by the Developmental Disabilities Services Division director or designee.
(4) No spouse or other adult living in the provider household may serve as paid relief staff.
(5) Consideration is given to authorizing additional relief hours when providing additional relief represents the most cost-effective placement for the service recipient and:
(A) there are multiple service recipients living in the home;
(B) the service recipient has an on-going pattern of not sleeping at night; or
(C) the service recipient has an on-going pattern of not working or attending employment services, in spite of continuing efforts by the Team.

317:40-5-61.Investigations of alleged abuse or neglect of a service recipient in a specialized foster care home [REVOKED]

[Revoked 7-01-13]

317:40-5-62.Evaluation of policy violation or program concern in a specialized foster care home
[Revised 7-11-05]
(a) Developmental Disabilities Services Division (DDSD) Specialized Foster Care (SFC) staff begin an evaluation process upon receipt of a complaint or observation of program concern(s) or policy violation(s) by the provider.
(b) Concerns may include:
(1) provider's use of judgment;
(2) provision of program supervision;
(3) non-compliance with DDSD or Oklahoma Health Care Authority policy or contract; or
(4) other related issues.
(c) When abuse, neglect, or exploitation is suspected, appropriate authorities are contacted, as specified in OAC 317:40-5-61.
(d) The evaluation includes interviews with:
(1) the service recipient;
(2) the DDSD case manager;
(3) the provider;
(4) any other person(s) living in the home; and
(5) any other person(s) who may have relevant information.
(e) When the evaluation findings indicate programming concern(s) or violation(s) of policy or contract, the DDSD SFC staff, and the provider meet to develop a Plan of Action for correcting the concern(s) or violation(s). The SFC staff notifies the DDSD case manager of the agreed Plan of Action. The case manager monitors to ensure the Plan is accomplished.

317:40-5-63.Plan of action in Specialized Foster Care
[Revised 7-11-05]
(a) When a program concern or a violation of policy or contract is found in a Specialized Foster Care (SFC) home, a Plan of Action, (DDS-28) is initiated.
(b) The Plan of Action:
(1) is a joint effort between the provider and SFC staff;
(2) ensures that necessary services to the service recipient are not interrupted;
(3) states recommendations regarding the continued use of the provider home;
(4) is time limited; and
(5) is agreed upon by DDSD and the provider.
(c) Unless the Plan of Action is initiated for short-term outcome, reviews of the Plan of Action are conducted, at a minimum, each 90 days. DDSD staff and the provider participate in the review.
(d) If new allegations occur or circumstances change while the Plan of Action is in place, an evaluation is made of the existing plan to redefine the action steps, time frames, and recommendations, if necessary.
(e) At the completion of the Plan of Action, a resolution is documented to confirm the agreed upon action steps that have been completed.
(f) If, at the completion of the Plan of Action, all action steps are not completed, but a satisfactory resolution is obtained, an addendum explaining the situation is attached to the Plan of Action.
(g) If the provider is unwilling or unable to satisfactorily complete the Plan of Action:
(1) the provider's home is recommended for closure;
(2) alternative placement is located for the service recipient; and
(3) the provider is given a written 30 day closure notice.
(h) A provider with an active plan of action cannot serve additional service recipients or provide respite until the plan is successfully completed.

317:40-5-64.Closure of Specialized Foster Care home
[Revised 06-11-10]
(a) In the event that a provider fails to provide services as required by rules or contract, Developmental Disabilities Services Division (DDSD) notifies the Oklahoma Health Care Authority (OHCA) and the Oklahoma Department of Human Services (OKDHS) Contracts Unit, to terminate the Specialized Foster Care (SFC) provider's contract. Such termination is not an exclusive remedy but is in addition to any other rights and remedies provided by law.
(b) Possible reasons for termination of a provider include, but are not limited to:
(1) provider request;
(2) non-cooperation in determining compliance with standards, policy, or contract;
(3) confirmed abuse, neglect, or exploitation of any other person;
(4) breach of confidentiality;
(5) involvement in criminal activity or criminal activity in the home;
(6) failure to provide for the care and well-being of the member;
(7) continued failure to implement the member's Plan;
(8) failure to complete and maintain required provider training;
(9) failure to report changes in the household;
(10) continued failure to follow OKDHS or OHCA rules;
(11) decline of the provider's health to the point that he or she can no longer meet the needs of the member;
(12) employment by the provider without prior approval by the area program manager for residential services;
(13) domestic disputes that may result in emotional instability of the member;
(14) failure to complete a plan of action, per OAC 317:40-5-63, as agreed; or
(15) failure or inability of the home to meet standards per OAC 317:40-5-40.
(c) Termination Process. When necessary to terminate a SFC provider, the steps described in this Subsection are taken.
(1) DDSD staff documents in the provider case narrative, a summary of the reasons for termination and the effective date.
(2) The DDSD area manager or designee notifies the case manager and case manager supervisor to notify legally responsible person(s) and identify other living arrangements, if applicable, for the member.
(3) The DDSD programs manager for residential services sends a 30-day written notice of the termination to the provider.
(A) A copy of the 30-day notice is sent to:
(i) the case manager;
(ii) case management supervisor;
(iii) DDSD area manager;
(iv) DDSDState Office; and
(v) Children and Family Services Division (CFSD), if applicable.
(B) A copy of the narrative is sent with the written notice to DDSD State Office;
(4) DDSD State Office notifies the OHCA and the OKDHS Contracts Unit to terminate the provider's contract.

 

317:40-5-65.Change of placement for children and foster parent notification [REVOKED]
[Revoked 7-11-05]
317:40-5-66.Dispute and grievance procedures for Specialized Foster Care providers
[Revised 7-11-05]
(a) Legal Base. Section 7213 of Title 10 of the Oklahoma Statutes directs the Oklahoma Department of Human Services (Department) to establish grievance procedures for Specialized Foster Care (SFC) providers that resolve disputes quickly, informally, at the lowest possible level, but that provide for access to impartial arbitration by personnel within the central office. Resolution of grievances must be prompt and within established time frames. Each SFC provider shall have the right, without fear of reprisal or discrimination, to present grievances with respect to the provision of SFC services.
(b) Inquiries. Not all SFC provider inquiries or requests for explanation are to be considered as disputes that need a written supervisory review or the initiation of the grievance procedure. Most inquiries or requests are handled within the regular relationship between the SFC specialist and SFC provider within 5 working days.
(c) Unresolved complaints or disputes. When a complaint or dispute between the DDSD staff member and the SFC provider cannot be resolved, the SFC provider is entitled to a supervisory review regarding the issue within 10 working days. If the supervisory review does not resolve the dispute with the SFC provider, then a grievance can be initiated by the provider in accordance with OAC 340:2-3-50.

317:40-5-67.Specialized Foster Care provider rights
[Revised 7-11-05]
(a) Section 7206.1 of Title 10 of the Oklahoma Statutes directs the Oklahoma Department of Human Services to establish a statement of SFC providers' rights.
(b) The rights of SFC providers include, but are not limited to, the right to:
(1) be treated with dignity, respect, and consideration as a professional member of the team;
(2) be given appropriate, ongoing training to develop and enhance the provider's skills;
(3) be informed about ways to contact the state agency in order to receive information and assistance to access supportive services for any child in the SFC provider's care;
(4) receive timely financial reimbursement for providing SFC services;
(5) be notified of any costs or expenses for which the SFC provider may be eligible for reimbursement;
(6) be provided a clear, written explanation of the individual treatment and service plan concerning the child in the SFC provider's home;
(7) receive, at any time during which a child is placed with the SFC provider, additional or necessary information that is relevant to the care of the child;
(8) be notified of scheduled permanency planning review meetings concerning the child in order to actively participate in the case planning and decision-making process regarding the child;
(9) provide input concerning the plan of services for the service recipient and to have that input be given full consideration in the same manner as information presented by any other professional on the team;
(10) communicate with other professionals who work with the service recipient within the context of the team including, but not limited to, therapists, physicians, and teachers;
(11) be given, in a timely and consistent manner, any information regarding the child and the child's family that is pertinent to the care and needs of the service recipient and to the making of a permanency plan for the service recipient. Disclosure of information shall be limited to that information that is authorized by the provisions of Article V of the Oklahoma Children's Code for foster parents and Article VII of the Oklahoma Juvenile Code;
(12) be given reasonable notice of any change in or addition to the services provided to the service recipient pursuant to the service recipient's Plan;
(13) be given written notice of:
(A) plans to terminate the placement of the child with the SFC provider unless it is deemed an emergency, and
(B) the reason for the changes or termination in placement;
(14) be notified by the court in a timely and complete manner of all court hearings, including:
(A) notice of the date and time of any court hearing;
(B) the name of the judge or hearing officer hearing the case;
(C) the location of the hearing; and
(D) the court docket number of the case;
(15) be informed of decisions made by the court, or the state agency concerning the child;
(16) be considered as a preferred placement option when a child who was formerly placed with the SFC provider is to reenter SFC services at the same level and type of care, if that placement is consistent with the best interest of the child and other children in the SFC provider's home;
(17) be provided a fair, timely, and impartial investigation of complaints concerning the SFC provider's certification;
(18) be provided the opportunity to request and receive a hearing regarding decisions that affect certification retention;
(19) have timely access to the state agency's appeals process and the right to be free from acts of harassment and retaliation by any other party when exercising the right to appeal;
(20) be given the number of the statewide toll-free Foster Parent Hotline; and
(21) file a grievance in accordance with the Developmental Disabilities Services Division (DDSD) Specialized Foster Care Grievance policy, OAC 317:40-5-66; and
(22) be informed of the process for filing a grievance.

Disclaimer. The OHCA rules found on this Web site are unofficial. The official rules are published by the Oklahoma Secretary of State Office of Administrative Rules as Title 317 of the Oklahoma Administrative Code. To order an official copy of these rules, contact the Office of Administrative Rules at (405) 521-4911.