Okla. Admin. Code § 340:75-19-32





340:75-19-32. Tribal/state agreements for foster care

(a) The state Indian Child Welfare Act (ICWA) authorizes Oklahoma Department of Human Services (OKDHS) to enter into contractual agreements with Indian tribes for the care of Indian children. 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 who are in the custody of OKDHS or the tribe.

(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 the Children and Family Services Division (CFSD) tribal coordinator and are used by the tribe to certify tribal foster homes. Tribally approved foster families may serve as placement resources for Indian children in OKDHS or tribal custody.

(d) Foster care reimbursement to the tribal foster home is initiated only after the tribe submits the Tribal Foster Resource Home Study. Reimbursement is not provided to any tribal foster home prior to the date of the approval. The tribe mails or faxes each completed Tribal Foster Resource Home Study and re-assessment to the CFSD tribal coordinator. The tribal Child Welfare (CW) worker sends documentation of the effective date and reason for closure of tribal foster homes.

(e) Confidentiality is addressed in each Tribal/State 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 record keeping are applicable to children placed in tribal custody and tribal foster homes.

(g) Each Tribal/State Agreement for Foster Care includes OKDHS CW responsibilities in the placement of Indian children in both OKDHS and tribal custody.

(h) The tribe agrees to abide by the placement preferences of the federal and state ICWA unless the tribe identifies a different order of preference. The tribe submits any changes in the tribe's placement preference, in writing, to the CFSD tribal coordinator.

(i) The Plan of Operation is a binding part of each Tribal/State Agreement for Foster Care and sets forth tribal foster home procedures and protocols for the placement of Indian children in both OKDHS and tribal custody.

(j) The tribe advises the CFSD tribal coordinator and the local OKDHS office within ten calendar days of any changes in tribal CW personnel.



[Source: Amended at 23 Ok Reg 1026, eff 5-11-06]

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