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Okla.
Admin. Code § 340:75-19-32
OKLAHOMA
ADMINISTRATIVE CODE
TITLE
340. DEPARTMENT OF HUMAN SERVICES
CHAPTER
75. CHILD WELFARE
SUBCHAPTER
19. WORKING WITH INDIAN CHILDREN
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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