Library: Policy

340:75-19-26. Foster care maintenance payment for the child in tribal custody

Revised 9-15-22

(a) Oklahoma Human Services (OKDHS) provides foster care maintenance payment to approved tribal-certified foster homes for the placement of the child in tribal custody when OKDHS has a contractual agreement with the child's tribe for the payment of foster care and the tribe submitted Form 04TB004E, Indian Child Welfare Program Referral, along with a copy of the court order and case plan to the assigned OKDHS tribal program staff. • 1 & 2

(b) The tribe sends copies of updated case plans and current court orders to tribal IV-E program staff. The Indian child's tribe immediately notifies tribal IV-E program staff via Form 04TB003E, Indian Child Welfare Program Update, of any change in the child's placement or custody.

(d) The child's tribe makes application on behalf of the child for any financial benefits, such as Social Security, to which the child is entitled. When the child is determined eligible, the child's tribe immediately notifies tribal IV-E program staff by submitting Form 04TB003E with updated information. The foster care maintenance payment is reduced by the dollar amount of the benefit.

(e) Each tribe develops and implements policies and practices per federal regulations related to Titles IV-B and IV-E. Tribes may request technical assistance from OKDHS regarding:

(1) federal law, policy, and regulation;

(2) accountability for fiscal and program operations;

(3) reporting procedures; and

(4) compliance with the terms and conditions of tribal and OKDHS agreements.

(f) When OKDHS identifies questionable foster care practices or circumstances that may jeopardize continued federal funding, the situation is reviewed and reconciled by a panel of tribal and OKDHS officials on a case-by-case basis. When reconciliation is not possible, both parties may present views to the OKDHS Director who determines if continued payment is made on behalf of the cases affected.

INSTRUCTIONS TO STAFF 340:75-19-26

Revised 9-15-22

1. Tribal IV-E program staff role.

(1) Responsibilities. Tribal IV-E program staff:

(A) reviews Form 04TB004E, Indian Child Welfare Program Referral, and:

(i) contacts the tribe when additional information is needed; and

(ii) uses information on Form 04TB004E to open a KIDS case;

(B) completes the tribal Adoption and Foster Care Analysis and Reporting System (AFCARS) fields in KIDS, including the case plan goal screen in KIDS;

(C) completes Form 04KI002E, IV-E Eligibility Determination; and

(D) completes the certification for Title XIX for children in tribal custody.

(2) Transfer of jurisdiction to a tribe. When jurisdiction of an Indian child is transferred from OKDHS to a tribe, the tribal IV-E program staff:

(A) reviews the court order, case plan, and Form 04TB004E the Indian child welfare (ICW) worker provides; and

(B) when the child is placed in a tribal-certified foster home or the tribe is in the process of certifying a placement as a tribal-certified foster home, ensures the child's KIDS removal and KIDS case remain open and documents the placement as soon as possible; or

(C) when the child is moved to a non-IV-E reimbursable placement and the child will not be placed in a foster care placement within the next 30-calendar days end dates the child's KIDS removal.

(3) Child returns to foster care placement. When a child in tribal custody returns to a foster care placement after a removal is end dated, tribal IV-E program staff:

(A) verifies with the tribe if the new placement in foster care is a new removal episode or a continuation of the previous removal episode;

(B) when the new placement is a continuation of the previous removal, re-opens the KIDS case and contacts the KIDS Help Desk to lift the removal end date; and

(C) notifies the custody specialist of the re-opened, removal episode to ensure appropriate actions are taken to ensure continued Title IV-E eligibility.

(4) Case assignments. Tribal IV-E program staff:

(A) maintains the primary KIDS case; and

(B) updates the KIDS case to show current placement and status of the child in tribal custody.

2. Claims adjustments. The tribe contacts tribal IV-E program staff for assistance with foster care claims. Tribal IV-E program staff enters the information for adjustment on the foster care claim when the child receives other financial benefits.

3. Compliance. Tribal program staff conducts an annual, on-site or as needed, visit with each tribe who has a contractual agreement for foster care to review cases and address compliance issues. Tribal program staff:

(1) in coordination with the tribe, facilitates a review panel of both tribal and OKDHS representatives to review cases when there are questionable foster care practices or circumstances.

(A) Tribal program staff documents the results of the panel review.

(B) When the panel is unable to resolve the situation, tribal program staff facilitates a meeting with the OKDHS Director to determine further action; and

(2) in conjunction with OKDHS Legal Services and Office of Inspector General, provides reasonable technical assistance to tribes, upon request, to ensure compliance with:

(A) federal law, policy, and regulation;

(B) accountability for fiscal and program operations;

(C) reporting procedures; and

(D) compliance with terms and conditions of tribal and OKDHS agreements.