Okla. Admin. Code § 340:75-13-16

Current through Vol. 42, No. 4, November 1, 2024

Section 340:75-13-16 - Title IV-E reimbursement and eligibility re-determination

(a)Title IV-E eligibility re-determination. When the child is determined eligible for Title IV-E, an eligibility re-determination is conducted by the custody specialist at least once every 12 months to determine whether the cost of the child's out-of-home care is reimbursable by Title IV-E funds. The review determines:

(1) legal responsibility for the child. To continue to receive Title IV-E reimbursement, a court order is required verifying the child is in the legal custody of Oklahoma Department of Human Services (OKDHS) or an Indian tribe; and

(2) if the child's placement is a Title IV-E reimbursable qualifying placement. A qualifying placement is any placement that is Title IV-E reimbursable, such as:

(A) an OKDHS or tribally approved foster home of an individual, per Section 1-1-105 of Title 10A of the Oklahoma Statutes;

(B) a private child care institution;

(C) a public child care group home; or

(D) child care facility licensed for no more than 25 children.

(3) if subparagraphs (B) through (D) of paragraph (2), collectively referred to as child care institution (CCI), may claim foster care maintenance payment (FCMP), per Section 475(4) of the Social Security Act (42 United States Code (U.S.C.) § 675(4)).

(A) Title IV-E agencies may claim for Title IV-E foster care maintenance payments to be paid on behalf of an eligible child placed in a child care institution for up to two weeks.

(B) Title IV-E agencies may continue to claim administrative costs for the duration of the period in the CCI regardless of whether the CCI meets the restrictions in 42 U.S.C. § 672(k).

(C) After two weeks, Title IV-E FCMP for a child placed in a CCI are only available if that CCI is a:

(i) qualified residential treatment program (QRTP), as defined in 42 U.S.C § 672(k)(4) and per Oklahoma Administrative Code (OAC):340:75-11-230 that require:

(I) completion of a Child and Adolescent Needs and Strengths assessment within 30-calendar days of the child's placement in a QRTP, per 42 U.S.C. § 675A(c)(1)(A) and OAC 340:75-14-1; and

(II) court approval within 60-calendar days of the child's placement in a QRTP, per 42 U.S.C. § 675A(c)(2);

(ii) setting specializing in providing prenatal, post-partum, or parenting supports for youth;

(iii) in the case of a youth who attained 18 years of age, a supervised setting in which the youth is living independently;

(iv) setting providing high-quality residential care and supportive services to children and youth who were found to be, or are at risk of becoming, sex trafficking victims; or

(v) licensed residential family-based treatment facility for substance abuse, per 42 U.S.C. § 672(j) and OAC 340:75-14-4.

(b)When Title IV-E funds not available. Title IV-E funds are not available when a court assumes responsibility for ordering the placement of a child and orders such with a specific placement provider without consideration of the recommendation by OKDHS or the tribe. Title IV-E funds are available if the child is later placed in accordance with OAC 340:75-13-16(a)(1) and (2).

(c)Title IV-E payment date. Title IV-E reimbursement payments may begin the date the child:

(1) is determined eligible; and

(2) enters a qualified placement.

Okla. Admin. Code § 340:75-13-16

Added at 15 Ok Reg 1457, eff 4-1-98 (emergency); Added at 16 Ok Reg 1052, eff 4-26-99; Amended at 19 Ok Reg 561, eff 12-20-01 (preemptive); Amended at 22 Ok Reg 1270, eff 5-26-05; Amended at 29 Ok Reg 635, eff 6-1-12

Amended by Oklahoma Register, Volume 39, Issue 04, November 1, 2021, eff. 7/19/2021

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022