Okla. Stat. tit. 10, § 10-22.1

grandparents or other relative.

A. The Oklahoma Legislature recognizes that:

1. Children who have been abused, who are dependent or

neglected, or whose parents, for whatever reason, may be unable or

unwilling to provide care for their children, are best served when

they can be cared for by grandparents or other suitable relatives

instead of placing those children in foster care with the State of

Oklahoma; and

2. While grandparents or other relatives are often willing to

provide for the care of children who can no longer remain with their

parents, there may exist financial obstacles to the provision of

such care, or there may be a need for other services to enable the

children to remain with their grandparents or other relatives in

order to prevent the entry of those children into the foster care

system.

B. It is the intent of the Oklahoma Legislature in enacting

this section to:

1. Recognize family relationships in which a grandparent or

other relative within the third degree of relationship to the child

is the head of a household that includes a child otherwise at risk

of foster care placement by the Department of Human Services;

2. Enhance family preservation and stability by recognizing

that most children in placements with grandparents and other

relatives within the third degree of relationship to the child do

not need intensive supervision of the placement by the courts or by

the Department;

Oklahoma Statutes - Title 10. Children Page 30

3. Provide additional placement options and incentives that

will achieve permanency and stability for many children who are

otherwise at risk of foster care placement by the Department because

of abuse, abandonment, or neglect, but who may successfully be able

to reside in the care of relatives within the third degree of

relationship to the child; and

4. Reserve the limited casework and supervisory resources of

the Department and the courts expended to care for children in state

custody for those cases in which children do not have the option for

safe, stable care within their immediate family.

C. The Department of Human Services shall establish and operate

a relative support program pursuant to eligibility guidelines

established in this section and by rules of the Department

promulgated thereto which will divert children from the foster care

program operated by the Department. The relative support program

shall provide assistance to relatives within the third degree of

relationship to a child who are caring for the child on a full-time

basis, regardless of whether there is a court order granting custody

of the child to the relative.

D. Grandparents or other such relatives who qualify for and

participate in the relative support program are not required to be

certified as foster parents or to meet the foster care requirements

but shall be capable of providing a physically safe environment and

a stable, supportive home for the children under their care.

E. Upon request by grandparents or other relatives who are

caring for a child on a full-time basis, the Department shall

complete a needs assessment on such grandparents or other relatives

to determine the appropriate services and support needed by the

child and the grandparents or other such relatives.

F. Within available funding specified by this section, the

relative support program may provide grandparents or other suitable

relatives with:

1. Case management services;

2. Monthly stipends or other financial assistance, family

support and preservation services;

3. Flexible funds to enable the grandparents or other relatives

to meet unusual or crisis expenditures, including but not limited

to, making housing deposits, utility deposits, or to purchase beds,

clothing and food;

4. Subsidized child care and after school care;

5. Respite care;

6. Transportation;

7. Counseling;

8. Support groups;

9. Assistance in accessing parental child support payments;
Flexible funds to enable the grandparents or other relatives

to meet unusual or crisis expenditures, including but not limited

to, making housing deposits, utility deposits, or to purchase beds,

clothing and food;

4. Subsidized child care and after school care;

5. Respite care;

6. Transportation;

7. Counseling;

8. Support groups;

9. Assistance in accessing parental child support payments;

10. Aid in accessing food stamps, Social Security and other

public benefits;

Oklahoma Statutes - Title 10. Children Page 31

11. Information about legal options for relative caregivers;

12. Assistance for establishing a relative guardianship or

relative custodianship for the child;

13. Available volunteer attorney services;

14. Mediation/family group conferencing; and

15. Community-based services and state or federal programs

available to the child and relatives to support the child's safety,

growth and health development.

G. Children living with grandparents or other relatives within

the third degree of relationship to the child who are receiving

assistance pursuant to this section shall be eligible for Medicaid

coverage.

H. Subject to availability of funding, and as may be permitted

by federal law or regulations governing the Department of Human

Services' block grant for Temporary Assistance for Needy Families

(TANF), the Department is specifically authorized to provide funding

assistance from such block grant or other available funds for the

development and operation of the relative support program by

providing available funds which are not otherwise committed to or

necessary for the provision of the Statewide Temporary Assistance

Responsibility System. In addition, the Department may use any

other state, federal or private funds available to the Department

for such purposes to implement the provisions of this section.

I. 1. In order to qualify for the receipt of any monthly

stipend, the grandparent or other relative shall meet any

eligibility criteria determined by the Department of Human Services.

2. Within limits of available funding, monthly stipends may be

paid to grandparents or other relatives with the third degree of

relationship to the child who have physical full-time custody of a

child who would be unable to serve in that capacity without a

monthly stipend because of inadequate financial resources, thus

exposing the child to the trauma of potential placement in a shelter

or in foster care placement by the Department of Human Services.

The statewide average monthly rate for children in the legal custody

of grandparents or other relatives who are not certified as foster

homes shall not exceed the cost of providing foster care.

J. Additional assistance may be made available to qualified

grandparents or other relatives within the third degree of

relationship and children, based upon specific needs of the

grandparent or other relative of the child and the specific needs of

the child. Such assistance shall also be subject to available

funding.

K. The relative support program established by the Department

pursuant to this section may receive referrals from district courts

of this state, from social service or child advocate agencies, from

any other agency of this state, or other states or federal programs.

In addition, the relative support program may be accessed directly

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by the grandparents or other relatives of the affected children by

application made to the Department of Human Services.

L. The Department of Human Services may provide any services

necessary to effectuate the purposes of this section by contract

with any person or with any public or private entity.

M. The provisions of this section shall also be available to a

legal guardian of a child who is within the fifth degree of relation

to the child.

N. The Department of Human Services shall, pursuant to the
ervices.

L. The Department of Human Services may provide any services

necessary to effectuate the purposes of this section by contract

with any person or with any public or private entity.

M. The provisions of this section shall also be available to a

legal guardian of a child who is within the fifth degree of relation

to the child.

N. The Department of Human Services shall, pursuant to the

provisions of the Administrative Procedures Act, promulgate any

rules necessary to implement the provisions of this section.

O. As a part of the relative support program, the Department

shall develop, publish, and distribute an informational brochure for

grandparents and other relatives who provide full-time care for

children. The information provided under the program authorized by

this section may include, but is not limited to, the following:

1. The benefits available to children and grandparents or other

relatives pursuant to this section providing full-time care;

2. The procedures to access the relative support program;

3. A list of support groups and resources located throughout

the state;

4. Such other information deemed necessary by the Department;

and

5. The brochure may be distributed through municipal and

district courts, hospitals, public health nurses, child protective

services, medical professional offices, county health departments,

elementary and secondary schools, senior citizens centers, public

libraries, local, city, county and state offices and community

action agencies selected by the Department.

P. The Department of Human Services shall submit a report of

the outcomes associated with the relative support program

established pursuant to this section to the Speaker of the Oklahoma

House of Representatives and the President Pro Tempore of the State

Senate on or before January 15, 2002.