{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-22.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-22.1","heading":"Legislative findings and intent – Foster care by","body":"grandparents or other relative.\n\nA. The Oklahoma Legislature recognizes that:\n\n1. Children who have been abused, who are dependent or\n\nneglected, or whose parents, for whatever reason, may be unable or\n\nunwilling to provide care for their children, are best served when\n\nthey can be cared for by grandparents or other suitable relatives\n\ninstead of placing those children in foster care with the State of\n\nOklahoma; and\n\n2. While grandparents or other relatives are often willing to\n\nprovide for the care of children who can no longer remain with their\n\nparents, there may exist financial obstacles to the provision of\n\nsuch care, or there may be a need for other services to enable the\n\nchildren to remain with their grandparents or other relatives in\n\norder to prevent the entry of those children into the foster care\n\nsystem.\n\nB. It is the intent of the Oklahoma Legislature in enacting\n\nthis section to:\n\n1. Recognize family relationships in which a grandparent or\n\nother relative within the third degree of relationship to the child\n\nis the head of a household that includes a child otherwise at risk\n\nof foster care placement by the Department of Human Services;\n\n2. Enhance family preservation and stability by recognizing\n\nthat most children in placements with grandparents and other\n\nrelatives within the third degree of relationship to the child do\n\nnot need intensive supervision of the placement by the courts or by\n\nthe Department;\n\n3. Provide additional placement options and incentives that\n\nwill achieve permanency and stability for many children who are\n\notherwise at risk of foster care placement by the Department because\n\nof abuse, abandonment, or neglect, but who may successfully be able\n\nto reside in the care of relatives within the third degree of\n\nrelationship to the child; and\n\n4. Reserve the limited casework and supervisory resources of\n\nthe Department and the courts expended to care for children in state\n\ncustody for those cases in which children do not have the option for\n\nsafe, stable care within their immediate family.\n\nC. The Department of Human Services shall establish and operate\n\na relative support program pursuant to eligibility guidelines\n\nestablished in this section and by rules of the Department\n\npromulgated thereto which will divert children from the foster care\n\nprogram operated by the Department. The relative support program\n\nshall provide assistance to relatives within the third degree of\n\nrelationship to a child who are caring for the child on a full-time\n\nbasis, regardless of whether there is a court order granting custody\n\nof the child to the relative.\n\nD. Grandparents or other such relatives who qualify for and\n\nparticipate in the relative support program are not required to be\n\ncertified as foster parents or to meet the foster care requirements\n\nbut shall be capable of providing a physically safe environment and\n\na stable, supportive home for the children under their care.\n\nE. Upon request by grandparents or other relatives who are\n\ncaring for a child on a full-time basis, the Department shall\n\ncomplete a needs assessment on such grandparents or other relatives\n\nto determine the appropriate services and support needed by the\n\nchild and the grandparents or other such relatives.\n\nF. Within available funding specified by this section, the\n\nrelative support program may provide grandparents or other suitable\n\nrelatives with:\n\n1. Case management services;\n\n2. Monthly stipends or other financial assistance, family\n\nsupport and preservation services;\n\n3. Flexible funds to enable the grandparents or other relatives\n\nto meet unusual or crisis expenditures, including but not limited\n\nto, making housing deposits, utility deposits, or to purchase beds,\n\nclothing and food;\n\n4. Subsidized child care and after school care;\n\n5. Respite care;\n\n6. Transportation;\n\n7. Counseling;\n\n8. Support groups;\n\n9. Assistance in accessing parental child support payments;\nFlexible funds to enable the grandparents or other relatives\n\nto meet unusual or crisis expenditures, including but not limited\n\nto, making housing deposits, utility deposits, or to purchase beds,\n\nclothing and food;\n\n4. Subsidized child care and after school care;\n\n5. Respite care;\n\n6. Transportation;\n\n7. Counseling;\n\n8. Support groups;\n\n9. Assistance in accessing parental child support payments;\n\n10. Aid in accessing food stamps, Social Security and other\n\npublic benefits;\n\n11. Information about legal options for relative caregivers;\n\n12. Assistance for establishing a relative guardianship or\n\nrelative custodianship for the child;\n\n13. Available volunteer attorney services;\n\n14. Mediation/family group conferencing; and\n\n15. Community-based services and state or federal programs\n\navailable to the child and relatives to support the child's safety,\n\ngrowth and health development.\n\nG. Children living with grandparents or other relatives within\n\nthe third degree of relationship to the child who are receiving\n\nassistance pursuant to this section shall be eligible for Medicaid\n\ncoverage.\n\nH. Subject to availability of funding, and as may be permitted\n\nby federal law or regulations governing the Department of Human\n\nServices' block grant for Temporary Assistance for Needy Families\n\n(TANF), the Department is specifically authorized to provide funding\n\nassistance from such block grant or other available funds for the\n\ndevelopment and operation of the relative support program by\n\nproviding available funds which are not otherwise committed to or\n\nnecessary for the provision of the Statewide Temporary Assistance\n\nResponsibility System. In addition, the Department may use any\n\nother state, federal or private funds available to the Department\n\nfor such purposes to implement the provisions of this section.\n\nI. 1. In order to qualify for the receipt of any monthly\n\nstipend, the grandparent or other relative shall meet any\n\neligibility criteria determined by the Department of Human Services.\n\n2. Within limits of available funding, monthly stipends may be\n\npaid to grandparents or other relatives with the third degree of\n\nrelationship to the child who have physical full-time custody of a\n\nchild who would be unable to serve in that capacity without a\n\nmonthly stipend because of inadequate financial resources, thus\n\nexposing the child to the trauma of potential placement in a shelter\n\nor in foster care placement by the Department of Human Services.\n\nThe statewide average monthly rate for children in the legal custody\n\nof grandparents or other relatives who are not certified as foster\n\nhomes shall not exceed the cost of providing foster care.\n\nJ. Additional assistance may be made available to qualified\n\ngrandparents or other relatives within the third degree of\n\nrelationship and children, based upon specific needs of the\n\ngrandparent or other relative of the child and the specific needs of\n\nthe child. Such assistance shall also be subject to available\n\nfunding.\n\nK. The relative support program established by the Department\n\npursuant to this section may receive referrals from district courts\n\nof this state, from social service or child advocate agencies, from\n\nany other agency of this state, or other states or federal programs.\n\nIn addition, the relative support program may be accessed directly\n\nby the grandparents or other relatives of the affected children by\n\napplication made to the Department of Human Services.\n\nL. The Department of Human Services may provide any services\n\nnecessary to effectuate the purposes of this section by contract\n\nwith any person or with any public or private entity.\n\nM. The provisions of this section shall also be available to a\n\nlegal guardian of a child who is within the fifth degree of relation\n\nto the child.\n\nN. The Department of Human Services shall, pursuant to the\nervices.\n\nL. The Department of Human Services may provide any services\n\nnecessary to effectuate the purposes of this section by contract\n\nwith any person or with any public or private entity.\n\nM. The provisions of this section shall also be available to a\n\nlegal guardian of a child who is within the fifth degree of relation\n\nto the child.\n\nN. The Department of Human Services shall, pursuant to the\n\nprovisions of the Administrative Procedures Act, promulgate any\n\nrules necessary to implement the provisions of this section.\n\nO. As a part of the relative support program, the Department\n\nshall develop, publish, and distribute an informational brochure for\n\ngrandparents and other relatives who provide full-time care for\n\nchildren. The information provided under the program authorized by\n\nthis section may include, but is not limited to, the following:\n\n1. The benefits available to children and grandparents or other\n\nrelatives pursuant to this section providing full-time care;\n\n2. The procedures to access the relative support program;\n\n3. A list of support groups and resources located throughout\n\nthe state;\n\n4. Such other information deemed necessary by the Department;\n\nand\n\n5. The brochure may be distributed through municipal and\n\ndistrict courts, hospitals, public health nurses, child protective\n\nservices, medical professional offices, county health departments,\n\nelementary and secondary schools, senior citizens centers, public\n\nlibraries, local, city, county and state offices and community\n\naction agencies selected by the Department.\n\nP. The Department of Human Services shall submit a report of\n\nthe outcomes associated with the relative support program\n\nestablished pursuant to this section to the Speaker of the Oklahoma\n\nHouse of Representatives and the President Pro Tempore of the State\n\nSenate on or before January 15, 2002.","path":["OK Code","Title 10"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"48f10e355feb11be01ff29bc4db73a9d49c6119f354eda892ada0365c9e8e515","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-21.10","next":"us-ok/okla.-stat.-tit.-10-10-22.2"},"notice":"GroundRules: Original legal text. Not legal advice."}