Okla. Admin. Code § 340:75-7-18 - [Effective until 9/14/2025] Resource family assessment (RFA)
(a)
RFA. Per Section 1-7-111 of Title 10A of the Oklahoma Statutes
(10A O.S. § 1-7-111), the Oklahoma Human Services (OKDHS) or RFA
contractor conducts an assessment of the applicant's and each household
member's background and other circumstances and conditions to determine if the
home is suitable and provides a safe environment for the child in OKDHS custody
requiring foster care. The RFA process is used to assess families providing the
following types of out-of-home care to a child in OKDHS custody:
(1) traditional foster care;
(2) therapeutic foster care;
(3) intensive treatment family care;
and
(4) contracted foster
care.
(b)
Mandate
to conduct background information search. 10A O.S. § 1-7-111 and
the Oklahoma Child Care Facilities Licensing Act, 10 O.S. §§ 401 et
seq. mandate that a national criminal history records search based on the
submission of fingerprints and a child abuse and neglect registry check be
conducted for each applicant and each household member 18 years of age and
older. The applicant and each adult household member sign to authorize OKDHS to
conduct a search into the applicant's and adult household member's criminal
history records and OKDHS records.
(c)
Form 04AF004E,House
assessment. An in-home evaluation of the applicant's residence is
conducted, including thorough review of weapon safety.
(1) An applicant or parent ensures the safety
of a child in OKDHS custody who comes within close proximity to:
(A) a firearm or other weapon; or
(B) an individual in possession of a firearm
or other weapon.
(2) Any
firearm or weapon in the home is maintained, along with any ammunition, in a
secure container, cabinet, or closet or otherwise be inaccessible at all times
to children who are in the home.
(3) No firearm or weapon is transported in
any vehicle in which a child in OKDHS custody is riding unless the firearm or
weapon is safely secured or inaccessible to the child.
(4) A law enforcement official is exempt from
(2) and (3) of this subsection when conditions of employment require ready and
immediate access to his or her weapon.
(5) An applicant or parent licensed to carry
a handgun, whether concealed or unconcealed, per 21 O.S. §§ 1290.1 et
seq., the Oklahoma Self-Defense Act, may maintain the firearm in a holster
secured to his or her person, per 21 O.S. § 1290.2. When the firearm is
not holstered and secured to his or her person, it is maintained as required in
(2) and (3) of this subsection.
(6)
Any activity the child in OKDHS custody participates in that involves a weapon
has appropriate adult supervision at all times. The applicant or parent obtains
pre-approval for the child's participation in a weapons activity from the
child's assigned CW specialist or CW supervisor.
(d)
Number of children in the
home. OKDHS determines the number and ages of children placed in each
resource home.
(1)
Maximum number of
children allowed to reside in the resource home. The total number of
children in OKDHS custody placed in a resource home does not exceed five. The
total number of children in the resource home does not exceed six, which
includes biological, adoptive, foster, and other children not in OKDHS custody.
Approval to exceed these limits may be given to allow:
(A) a parenting youth in foster care to
remain with his or her child;
(B)
siblings to remain together;
(C) a
child with an established meaningful relationship with the family to remain
with the family; or
(D) a family
with special training or skills to provide care to a child who has a severe
disability.
(2)
Maximum number of children younger than 2 years of age allowed in a
resource home. No more than two children younger than 2 years of age
including the resource parent's own children may reside or be placed in the
resource home.
(3)
Child in
OKDHS custody placed in a tribal home. The number of children in OKDHS
and tribal custody allowed to reside in a tribal resource home is determined by
the applicable tribe. When a child in OKDHS custody is placed in a tribal home
and placement exceeds six children, overfill procedures are followed. An Indian
child in OKDHS custody is placed in compliance with the placement preferences
of the Indian Child Welfare Act, per Oklahoma Administrative Code (OAC)
340:75-19.
(e)
RFA
disposition. Upon completion of the RFA, a decision regarding approval
or denial is made after assessing the information gathered.
(1) The assessment process is completed and
the determination regarding approval or denial is made no later than
60-calendar days after receipt of completed Form 04AF001E.
(2) OKDHS may approve or deny an applicant as
a resource when the applicant or the home meets or does not meet requirements,
per OAC 340:75-7.
(3) OKDHS makes
the final determination of application denial, which may occur at any point
during the process.
(f)
Exceptions to assessment guidelines. Upon the applicant's or CW
specialist's request, OKDHS may grant exceptions, provided adequate standards
affording protection for the health, safety, and welfare of the child exist,
and, for traditional resource homes, OKDHS may, at its discretion, grant a
variance of specific rules or standards that do not compromise a child's safety
and does not violate federal or state statutes.
(g)
Application denial. When a
decision is made to deny a resource home application, the applicant is provided
an explanation regarding the reasons for the denial. Reasons for denying an
application may include, but are not limited to:
(1) a lack of stable, adequate income to meet
the applicant's own or total family needs, or the poor management of available
income;
(2) the physical facility
is inadequate to accommodate the addition of the child in OKDHS custody into
the home, or presents health or safety concerns;
(3) a household member that has a history of
alleged or confirmed child abuse, neglect, or both, per OAC
340:75-7-15;
(4) a household member that has a history of
arrests or convictions, per OAC
340:75-7-15;
(5) any household member's health, behavioral
health, or any condition that impedes the applicant's ability to provide
appropriate care for a child;
(6)
relationships in the household that are unstable and unsatisfactory;
(7) references that are guarded or have
reservations in recommending the applicant;
(8) the applicant fails to complete the
application, required training, or verifications timely as requested, or
provides incomplete, inconsistent, or untruthful information;
(9) the home is determined unsuitable for the
child requiring placement;
(10) the
applicant applied for a child that OKDHS reasonably believes may not be
available for placement; or
(11) one
or more factors concerning any household member or conditions in the home, as
described in the denial letter, renders the applicant or home environment
inappropriate as a resource home.
(h)
Authority to approve or deny
resource home and Interstate Compact on the Placement of Children (ICPC)
assessments. OKDHS determines the final disposition of each resource
home and ICPC assessment completed by OKDHS or RFA contractors.
(i)
Changes in the household.
The applicant or parent notifies the resource specialist or RFA contractor:
(1) immediately of any:
(A) charges, arrests, or any alleged illegal
activity committed by the applicant or any household member; and
(B) proceeding for a protective order filed
by or against the applicant or any household member; and
(2) within 24 hours of any change in the
household including, but not limited to:
(A)
the address or the home's location, including emergency home
displacement;
(B) any significant
change in the home that impacts the family's day-to-day living;
(C) the death or serious illness of a
resource parent;
(D)
health;
(E) income;
(F) individuals moving in or moving out of
the home for any reason; or
(G) new
or terminated relationships.
Notes
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