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2023 Oklahoma Statutes › Title 10. Children › §10-1412. Advisory committee.

A. The Director of Human Services, who shall not be removed from office, except for cause, subject to the approval of the Commission for Human Services, shall appoint an advisory committee to advise the Commission and Director on matters relating to service delivery for persons with developmental disabilities.
B. Such advisory committee shall include among its members representatives of state agencies and persons representative of professional, civic, or other public or nonprofit private agencies, organizations, or groups concerned with services needed by persons with developmental disabilities, including the parent-guardian association of the Northern Oklahoma Resource Center of Enid, the Southern Oklahoma Resource Center of Pauls Valley, and families of individuals receiving services from the Developmental Disabilities Services Division of the Department of Human Services.
Added by Laws 1963, c. 37, § 6, eff. July 1, 1963. Renumbered from Title 56, § 306 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982. Amended by Laws 1992, c. 307, § 4, eff. July 1, 1992; Laws 1997, c. 407, § 1, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 10. Children › §10-1413. Transfer of pupils.

The Commission is authorized to transfer any pupil or pupils from any institution referred to in Section 1406 of this title to any other of such institutions, or to any institution within the Department of Mental Health and Substance Abuse Services, with the consent of the Director of Mental Health and Substance Abuse Services when it determines that such pupil or pupils are in need of treatment at such institution.
Laws 1963, c. 37, § 9, eff. July 1, 1963. Renumbered from Title 56, § 309 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982. Amended by Laws 1990, c. 51, § 14, emerg. eff. April 9, 1990.
2023 Oklahoma Statutes › Title 10. Children › §10-1414. Admission of individuals with intellectual disability - Applications - Release.

A. 1. Individuals with intellectual disability who are legal residents of this state and who have a mental age not above that of the average nine-year-old child, as determined by psychological examination, may be admitted to an institution named in Section 1406 of this title or provided community services, if available, on a voluntary basis only upon written application to the Director on forms provided for such purpose. Other individuals with intellectual disability who are residents of this state and who are above such mental age may be admitted or provided community services, on a voluntary basis only, upon recommendation of the superintendent of the institution and approval of the Director.
2. The application shall be signed by any parent having legal custody of such person, a guardian appointed by a court, or other legal custodian of such person.
3. The psychological examination provided for in this section shall be on forms provided by the Department and must be completed before an application can be approved and the applicant admitted to the institution.
B. Release of a resident of any of the institutions named in Section 1406 of this title shall be subject to such reasonable rules and conditions as may be prescribed by the Director of Human Services and shall be made only to the parent, guardian appointed by a court, or legal custodian of the resident; provided, however, a resident eighteen (18) years of age or older who has not been found by a court to be incompetent or incapacitated may request and obtain such person's own release.
Added by Laws 1963, c. 37, § 10, eff. July 1, 1963. Renumbered from § 310 of Title 56 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982. Amended by Laws 1983, c. 128, § 3, operative July 1, 1983; Laws 1997, c. 407, § 2, eff. Nov. 1, 1997; Laws 2019, c. 475, § 4, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 10. Children › §10-1416. Liability for care and treatment.

A resident at an institution named in Section 1406 of this title is liable for his or her care and treatment. This claim of the state for such care and treatment shall constitute a valid indebtedness against the resident and his or her estate and shall not be barred by any statute of limitations. At the death of the resident this claim shall be allowed and paid as other lawful claims against the estate. Persons making application for admission of an individual with intellectual disability to the institution are also liable for the care and treatment of the resident, provided that such persons are legally obligated to support the resident. No person shall be liable for care and treatment solely on the grounds that the person has been appointed guardian of the resident. Provided, further, that no admission or detention of an individual with intellectual disability in the institution shall be limited or conditioned in any manner by the financial status or ability to pay of an individual with intellectual disability, his or her estate, or any relative.
Added by Laws 1963, c. 37, § 12, eff. July 1, 1963. Renumbered from § 312 of Title 56 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982. Amended by Laws 1983, c. 128, § 5, operative July 1, 1983; Laws 2019, c. 475, § 8, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 10. Children › §10-1417. Clinics - Outpatient facilities - Day care centers.

(a) The Department of Human Services may establish and direct such mental hygiene clinics and child guidance clinics in local areas of the state where such clinics are deemed most advantageous for the public welfare as a distinct part of the general health program.
(b) Outpatient facilities and day care centers to be operated in conjunction with state schools for individuals with intellectual disabilities shall be established, maintained and operated by the Department to provide outpatient care for individuals with intellectual disabilities. The number and location of such facilities and day care centers shall be determined by the Director of Human Services.
Added by Laws 1963, c. 37, § 13, eff. July 1, 1963. Amended by Laws 1969, c. 323, § 1, emerg. eff. May 7, 1969. Renumbered from § 313 of Title 56 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982. Amended by Laws 2019, c. 475, § 9, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 10. Children › §10-1417.1. Medicaid payments for reserved beds in intermediate care facilities for individuals with intellectual disabilities - Amendment of Medicaid State Plan.

A. Payments under the Medicaid Program shall be made to reserve a bed in an intermediate care facility for individuals with intellectual disabilities (ICF/IID) during the absence of a resident, other than for periods of inpatient hospitalization, pursuant to the provisions of 42 C.F.R. 447.40. Such payments for periods of absence shall be limited to payment for a maximum of sixty (60) days absent in a calendar year.
B. The Department of Human Services shall amend the Medicaid State Plan to conform with the requirements of this section.
Added by Laws 1992, c. 218, § 1, eff. Sept. 1, 1992. Amended by Laws 2019, c. 475, § 10, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 10. Children › §10-1418. Powers and duties of Commission for Rehabilitation Services – Local education agencies.

A. The Commission for Rehabilitation Services shall have the supervision, management and control of the Oklahoma School for the Blind and the Oklahoma School for the Deaf, and, in addition to the powers and duties now vested in the State Board of Education as to each of such institutions, shall have authority to adopt such rules as it deems necessary for the government and operation of each institution, and for the admission and discharge of pupils at each institution. No easement, right-of-way, oil and gas lease or surface lease on any land used or occupied by either institution, or any other institution under the jurisdiction of the Commission, shall be granted or conveyed without the approval of the Commission; and all money hereafter received therefor or derived therefrom, including rentals and royalties from leases executed prior to July 1, 1965, shall be deposited in the revolving fund of the institution and be used by the Commission for the purposes of the institution. The Commission may participate in federal programs for the benefit of blind or deaf persons, and may receive and administer federal funds for such purposes. The Commission is hereby expressly granted every power necessary or convenient to make such institutions effective for the purposes for which they were created. The provisions of this section shall not affect the type of school maintained at either institution.
B. The Oklahoma School for the Blind and the Oklahoma School for the Deaf shall be considered local educational agencies only for the purpose of participating in federal programs and receiving federal funds disbursed by the State Department of Education to local educational agencies, if the schools meet the eligibility requirements for the federal programs.
Added by Laws 1965, c. 193, § 2, eff. July 1, 1965. Renumbered from § 321 of Title 56 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982. Amended by Laws 1993, c. 364, § 7, emerg. eff. June 11, 1993; Laws 2001, c. 366, § 1, eff. Sept. 1, 2001; Laws 2004, c. 543, § 4, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 10. Children › §10-1420. Transfer of property, records, funds, etc.

All property, records, equipment, supplies, and funds, including trust funds and revolving funds, and other assets, owned or possessed by the Oklahoma School for the Blind or the Oklahoma School for the Deaf are hereby transferred to the Commission for Rehabilitation Services; and all contracts, leases, agreements and obligations to which the State Board of Education is a party for or on behalf of either of such institutions shall be assumed by the Commission.
Laws 1965, c. 193, § 4, eff. July 1, 1965. Renumbered from Title 56, § 323 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982; Amended by Laws 1993, c. 364, § 9, emerg. eff. June 11, 1993.
2023 Oklahoma Statutes › Title 10. Children › §10-1421. Purchase of school busses.

Whenever the Oklahoma Public Welfare Commission shall determine that a school bus is needed for educational, training or treatment purposes at an institution under the jurisdiction of the Department of Public Welfare, it may authorize the purchase of such bus from funds available for the payment of operating expenses of the institution.
Laws 1965, c. 229, § 1, emerg. eff. June 16, 1965. Renumbered from Title 56, § 327 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982.
2023 Oklahoma Statutes › Title 10. Children › §10-1423. Program for care and treatment of children - Federal matching funds.

The Oklahoma Public Welfare Commission and the Department of Human Services are authorized and directed to develop such programs for the care and treatment of children to meet the requirements of federal laws and rules and regulations of the Secretary. The Commission shall maintain such standards of money payments in the categories of Old Age Assistance, Aid to the Blind, Aid to the Permanently and Totally Disabled, and Aid to Families with Dependent Children, as will earn the maximum federal funds available to the state, within the availability of state matching funds, and shall budget such other state funds as may be necessary to earn the maximum of federal matching funds in the Child Welfare Program, Children with Special Health Care Needs Program and other federal-state programs. Any institution under the jurisdiction of the Commission or the Department may be used by the Commission or the Department for any program administered by the Commission or the Department.
Laws 1970, c. 20, § 2, operative April 5, 1970. Renumbered from Title 56, § 333 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982. Amended by Laws 1988, c. 326, § 19, emerg. eff. July 13, 1988; Laws 1992, c. 249, § 3, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 10. Children › §10-1424. Department as next friend of institutionalized persons - Procuring appoint of guardian.

The State Department of Public Welfare shall have the power and the Department shall have the duty to appear as next friend for all minor orphans, incompetents, dependents and delinquents who are inmates of any public institution maintained and operated by the state, county, city or municipality before the district court having probate jurisdiction, and ask that legal guardians be appointed for the estates of such minor orphans, incompetents, dependents and delinquents when it appears that such persons have an interest in some estate, legacy, or property, and shall have such power and authority in any and all litigation where interests of such persons may require to be prosecuted or defended or instituted in any and all courts in this state.
The State Department of Public Welfare, in addition to the foregoing, is hereby empowered to intervene as next friend in cases of all minor orphans in this state when it is shown or appears to the Department that the estate of such minors is being mismanaged or dishonestly administered.
R.L.1910, § 8101; Laws 1910-11, c. 25, p. 45, § 1; Laws 1978, c. 244, § 36, eff. July 1, 1978. Renumbered from Title 74, § 181 by Laws 1982, c. 312, § 48, emerg. eff. May 28, 1982.
2023 Oklahoma Statutes › Title 10. Children › §10-1425. Authorization to operate facilities.

(a) (1) The Department of Human Services and a county (through its board of county commissioners) may enter into an agreement for the operation of a Community Complex Facility, where day care services, beneficial or necessary for individuals with intellectual disabilities and their families, may be provided.
(2) If a building for the facility is constructed, the county shall be required to provide the site or the cost of the site; and not less than sixteen percent (16%) of the cost of constructing the building and of the cost of equipment for the facility. If space for the facility is rented, the county shall be required to pay the rental, and not less than sixteen percent (16%) of the cost of equipment for the facility.
(3) The cost of operating the facility shall be paid by the Department and the county in such proportions as may be specified in the agreement.
(4) The facility shall be operated in accordance with standards, rules and regulations adopted by the Department.
(b) A similar agreement with any other nonprofit public or private agency or organization may be entered into by the Department. Such agency or organization shall be subject to the same requirements as those hereinabove specified for a county.
Added by Laws 1969, c. 324, § 1, emerg. eff. May 7, 1969. Renumbered from § 415 of Title 43A by Laws 1986, c. 103, § 105, eff. Nov. 1, 1986. Amended by Laws 2019, c. 475, § 11, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.1. Short title.

Sections 1430.1 through 1430.41 of this title shall be known and may be cited as the "Group Homes for Persons with Developmental or Physical Disabilities Act".
Added by Laws 1987, c. 225, § 1, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 1, eff. Nov. 1, 1996; Laws 1996, c. 354, § 1, eff. Nov. 1, 1996. Renumbered from § 1-818.1 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 1, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.6. Standing to bring action - Jurisdiction.

A. Enforcement of any action for an injunction or recovery of any administrative or civil penalty assessed pursuant to the Group Homes for Persons with Developmental or Physical Disabilities Act may be brought by:
1. The district attorney of the appropriate district court of the State of Oklahoma;
2. The Attorney General on behalf of the State of Oklahoma in the appropriate district court of the State of Oklahoma; or
3. The Department on behalf of the State of Oklahoma in the appropriate district court of the State of Oklahoma; or as otherwise authorized by law.
B. The Department may bring an action in a court of competent jurisdiction for equitable relief to redress or restrain a violation by any person of a provision of the Group Homes for Persons with Developmental or Physical Disabilities Act or any rule or order issued pursuant thereto. Said court has jurisdiction to determine said action, and to grant the necessary or appropriate relief, including, but not limited to, mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages.
Added by Laws 1987, c. 225, § 6, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 6, eff. Nov. 1, 1996; Laws 1996, c. 354, § 6, eff. Nov. 1, 1996. Renumbered from § 1-818.6 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.8. Liability for injury to resident - Actions - Remedies - Waivers - Jury trial - Retaliation - Privileges and immunities - Report of abuse, neglect or exploitation.

A. The provider is liable to a resident for any intentional or negligent act or omission of their agents or employees which injures the resident. Also, any state employee that aids, abets, assists, or conspires with a provider to perform an act that causes injury to a resident shall be individually liable.
B. A resident may maintain an action under this act for any other type of relief, including injunctive and declaratory relief, permitted by law.
C. Any damages recoverable under this section, including minimum damages as provided by this section, may be recovered in any action which a court may authorize to be brought as a class action. The remedies provided in this section, are in addition to and cumulative with any other legal remedies available to a resident. Exhaustion of any available administrative remedies shall not be required prior to commencement of suit hereunder.
D. Any waiver by a resident or the resident's guardian or advocate of the right to commence an action under this section, whether oral or in writing, shall be null and void, and without legal force or effect.
E. Any party to an action brought under this section shall be entitled to a trial by jury and any waiver of the right to a trial by a jury, whether oral or in writing, prior to the commencement of an action, shall be null and void, and without legal force or effect.
F. No provider or licensee, or agents or employees of a provider or licensee shall transfer, discharge, evict, harass, dismiss or retaliate against a resident, a guardian or advocate of a resident, or an employee or agent who makes a report, brings, or testifies in, an action under this section, or files a complaint because of a report, testimony or complaint.
G. Any person, institution or agency, under this act, participating in good faith in the making of a report, or in the investigation of such a report shall not be deemed to have violated any privileged communication and shall have immunity from any liability, civil or criminal, or any other proceedings, civil or criminal, as a consequence of making such report.
H. An employee or agent of a provider or licensee who becomes aware of abuse, neglect or exploitation of a resident shall immediately report the matter as required by Section 10-104 of Title 43A of the Oklahoma Statutes. A group home administrator who becomes aware of abuse, neglect or exploitation of a resident shall make a report as required by Section 10-104 of Title 43A of the Oklahoma Statutes and take immediate action to ensure the health and safety of the resident.
Added by Laws 1987, c. 225, § 8, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 8, eff. Nov. 1, 1996; Laws 1996, c. 354, § 8, eff. Nov. 1, 1996. Renumbered from § 1-818.8 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 5, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.9. Penalties and liabilities for certain violations.

In addition to any other penalties and liabilities provided in this act, any person who violates any of the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, or any order or determination of the Department promulgated pursuant thereto, or who fails to perform any duty imposed upon such person by the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, shall be subject to any of the following penalties and liabilities as authorized by the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act:
1. License revocation, suspension, or nonrenewal;
2. Conditional license;
3. Transfer of residents;
4. Receivership;
5. Injunctive proceedings, including prohibiting the admission of new residents to the group home;
6. Civil fines;
7. Criminal penalties; and
8. Other remedies established by the Department of Human Services through rule-making authority.
Added by Laws 1987, c. 225, § 9, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 9, eff. Nov. 1, 1996; Laws 1996, c. 354, § 9, eff. Nov. 1, 1996. Renumbered from § 1-818.9 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 6, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.11. Standards for group homes.

A. The Department of Human Services shall develop rules establishing minimum standards for group homes. These standards, at minimum, shall regulate:
1. Location and construction of the home, including plumbing, heating, lighting, ventilation, and other physical conditions which shall ensure the health, safety, and comfort of residents and protection from fire hazards;
2. All sanitary conditions within the group home and its surroundings, including water supply, sewage disposal, food handling, and general hygiene, which shall ensure the health and comfort of residents;
3. Number and qualifications of all personnel, including management and supervisory, direct care, specialized professional or paraprofessional and other personnel, having responsibility for any part of the care given to residents. The Department of Human Services shall establish staffing requirements for homes which shall specify the supervision, continuing education, and training requirements that are needed for care of the residents of the various types of group homes;
4. An individualized written plan for the training, habilitation or rehabilitation for each resident of the group home specifying the training, habilitation or rehabilitation outcomes and activities for the resident. The plan shall be prepared by the team of the resident;
5. Competency-based training for the safe administration of medication and the provision of health-related services, as defined in Section 1020 of Title 56 of the Oklahoma Statutes, to residents;
6. Accountability for the management and safekeeping of any funds of the resident which the group home manages; and
7. Conditions and procedures for the involuntary transfer or discharge of a resident from a group home.
B. The Department may, as necessary and appropriate, establish a system of classification for group homes based upon the level of care or treatment, training, habilitation or rehabilitation services required by residents of the group home, and establish requirements for each classification.
Added by Laws 1987, c. 225, § 11, eff. July 1, 1987. Amended by Laws 1994, c. 236, § 9, eff. Sept. 1, 1994; Laws 1996, c. 155, § 11, eff. Nov. 1, 1996; Laws 1996, c. 354, § 11, eff. Nov. 1, 1996. Renumbered from § 1-818.11 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 8, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.12. Fire safety inspections - Reports.

The State Fire Marshal or a designee shall conduct fire safety inspections on a regular basis at group homes subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act and report findings of such inspections to the Department of Human Services. Providers of group home services and licensees shall make reports of the inspections available to authorized staff of the Department of Human Services upon request.
Added by Laws 1987, c. 225, § 12, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 12, eff. Nov. 1, 1996; Laws 1996, c. 354, § 12, eff. Nov. 1, 1996. Renumbered from § 1-818.12 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 9, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.13. Information subject to disclosure to public.

The following information is subject to disclosure to the public from the Department of Human Services:
1. Information submitted under Section 1430.14 of this title, except information concerning the remuneration of personnel licensed, registered or certified by the Department, and monthly charges for an individual private resident;
2. Records of inspections, surveys and evaluations of group homes; and
3. Complaints filed against a group home and complaint investigation reports, except that a complaint or complaint investigation report shall not be disclosed to a person other than the complainant or complainant's representative before it is disclosed to a group home as provided in Section 1430.7 of this title and, further, except that a complainant or resident's name shall not be disclosed except as provided in Section 1430.7 of this title.
Added by Laws 1987, c. 225, § 13, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 13, eff. Nov. 1, 1996; Laws 1996, c. 354, § 13, eff. Nov. 1, 1996. Renumbered from § 1-818.13 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 10, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.15. Nontransferability of license - Transfer of operation of group home.

A. A license to operate a group home subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act is not transferable. Operation of a group home can only be transferred:
1. With the prior written approval of the director of the Developmental Disabilities Services Division (DDSD) of the Department of Human Services or designee; and
2. From the provider or licensee named in the application to another provider who has a current license or is deemed licensed in accordance with Section 1430.3 of this title.
B. The transferor shall remain responsible for the operation of the group home until the transfer is complete. The transferor shall remain liable for all penalties assessed which are imposed for violations occurring prior to transfer of operation. Any citations, problems identified by the Developmental Disabilities Services Division prior to the transfer, or outstanding deficiencies remaining after the transfer are the responsibility of the transferee to correct.
Added by Laws 1987, c. 225, § 15, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 15, eff. Nov. 1, 1996; Laws 1996, c. 354, § 15, eff. Nov. 1, 1996. Renumbered from § 1-818.15 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 12, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.18. Documents to be made available to residents, employees and visitors.

Every provider and licensee shall make available to residents, employees and visitors the following:
1. The current license or current contract with the Department of Human Services or the Oklahoma Health Care Authority for provision of group home services;
2. Rights of residents as listed in Section 1430.20 of this title;
3. A description of the grievance procedures of the group home established in accordance with OAC 340:2-3-54, to include the name, address and telephone number of the local grievance coordinator and the name, address, and telephone number of a person authorized by the Department to receive complaints regarding potential contract violations. A copy of the grievance and complaint procedures shall also be given to each resident and the guardian or advocate of the resident, if any;
4. A copy of any order pertaining to the group home issued by the Department or a court which is currently in effect; and
5. A list of the material available for public inspection under Section 1430.19 of this title.
Added by Laws 1987, c. 225, § 18, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 18, eff. Nov. 1, 1996; Laws 1996, c. 354, § 18, eff. Nov. 1, 1996. Renumbered from § 1-818.18 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 14, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.19. Documents and records to be available for public inspection.

A group home subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act shall retain the following for public inspection:
1. A complete copy of every inspection report of the group home received from the Department of Human Services during the past three (3) years with resident-identifying information removed;
2. A copy of correspondence with resident-identifying information removed issued by the Department of Human Services, the Oklahoma Health Care Authority, or a court during the last three (3) years pertaining to the group home;
3. A description of the services provided by the group home, the rates charged for those services and items for which a resident may be separately charged;
4. A copy of the statement of ownership; and
5. A complete copy of any current license or group home contract between the group home and the Department or the Oklahoma Health Care Authority for the care, treatment, training, habilitation or rehabilitation of residents of the group home.
Added by Laws 1987, c. 225, § 19, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 19, eff. Nov. 1, 1996; Laws 1996, c. 354, § 19, eff. Nov. 1, 1996. Renumbered from § 1-818.19 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 15, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.22. Resident's contract.

A. A written contract shall be executed between a person, the guardian of a resident, if any, and a group home or the agent of the group home prior to the time a person is admitted to a group home subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, and annually thereafter, or at the expiration of the period of previous contract, or when the source of payment for the care of the resident changes, or when there are changes in the terms of the contract.
B. The contract shall be executed between the provider and the resident and the guardian of the resident, if any.
C. A copy of the contract shall be given to the resident and to the guardian or advocate of the resident, if any.
D. A copy of the contract for a resident who is supported by nonpublic funds other than the personal funds of the resident shall be made available to the person providing the funds for the support of the resident.
E. The contract shall be written legibly in clear and unambiguous language.
F. The contract shall specify:
1. The expiration date of the contract;
2. The services to be provided under the contract and the charges for the services, including the amount of the room and board payment for which the service recipient is responsible;
3. The services that may be provided to supplement the contract and the charges for such additional services;
4. The amount of any deposit paid; and
5. The rights, duties and obligations of the resident, except that the specification of rights of a resident may be furnished on a separate document.
G. The contract shall state the name of the guardian or advocate of the resident, if any, and emergency contact.
H. The contract shall provide that if the resident dies or is compelled by a change in physical or mental health to leave the group home, the contract and all obligations under it shall terminate immediately. All charges shall be prorated as of the date on which the contract terminates, and, if any payments have been made in advance, the excess shall be refunded to the resident or the guardian or advocate of the resident, if any.
Added by Laws 1987, c. 225, § 22, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 22, eff. Nov. 1, 1996; Laws 1996, c. 354, § 22, eff. Nov. 1, 1996. Renumbered from § 1-818.22 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 17, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.23. Protection of resident's funds.

To protect the funds of a resident of a facility subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, the group home must comply with rules promulgated by the Department of Human Services regarding protection of the personal funds of the resident.
Added by Laws 1987, c. 225, § 23, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 23, eff. Nov. 1, 1996; Laws 1996, c. 354, § 23, eff. Nov. 1, 1996. Renumbered from § 1-818.23 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 18, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.24. Access to group homes.

A. Residents of group homes subject to the Group Homes for Persons with Developmental or Physical Disabilities Act may receive any guest or visitor in the group home during reasonable hours as long as the visit does not infringe upon the rights of other group home residents. Any guest or visitor entering a group home shall promptly notify the staff on duty of their presence and shall, upon request, produce identification to establish their identity. No such person shall enter the immediate living area of any resident without first identifying oneself and then receiving permission from the resident to enter. The rights of other residents present in the room shall be respected. A resident may terminate at any time a visit by a person having access to the living area of the resident pursuant to this section.
B. This section shall not limit the power of the Department of Human Services or other public agency otherwise permitted or required by law to enter and inspect a group home.
C. The provider or licensee may refuse access to the group home to any person if the presence of that person in the group home would be injurious to the health and safety of a resident or would threaten the security of the property of a resident or the group home, or if the person seeks access to the group home for commercial purposes.
Added by Laws 1987, c. 225, § 24, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 24, eff. Nov. 1, 1996; Laws 1996, c. 354, § 24, eff. Nov. 1, 1996. Renumbered from § 1-818.24 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 19, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.25. Involuntary transfer or discharge of resident.

A group home subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act shall not involuntarily transfer or discharge a resident except for medical reasons, for the safety of the resident or for the safety of other residents, for violations of the contract between the resident and the group home or for nonpayment for the stay of the resident. Involuntary transfer or discharge of a resident for violations of the contract shall be subject to the conditions and procedures established by the rules adopted by the Commission for Human Services. Involuntary transfer or discharge of a resident from a group home shall be preceded by a minimum written notice of thirty (30) days. The thirty-day requirement shall not apply in any of the following instances:
1. When an emergency transfer or discharge is mandated by the health care needs of the resident and is in accordance with the written orders and medical justification of the attending physician; or
2. When the transfer or discharge is necessary for the physical safety of other residents as documented in the record.
Added by Laws 1987, c. 225, § 25, eff. July 1, 1987. Amended by Laws 1994, c. 236, § 14, eff. Sept. 1, 1994; Laws 1996, c. 155, § 25, eff. Nov. 1, 1996; Laws 1996, c. 354, § 25, eff. Nov. 1, 1996. Renumbered from § 1-818.25 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 20, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.26. Provider prohibited from having insurable interest in life of resident or being beneficiary of life insurance policy - Appointment as guardian or conservator or holding power of attorney prohibited.

A. No provider or licensee, including a corporate officer, major stockholder or member of the board of directors, member of the firm, major member of the limited liability company or manager, major partner of the partnership when the provider or licensee is a firm, partnership, limited liability company, or corporation, administrator, or employee of a group home subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act shall have an insurable interest in the life of a resident of the home unless the provider, licensee, administrator, or employee is related to the resident of the home by blood, marriage or adoption.
B. No provider or licensee, including a corporate officer, major stockholder, or member of the board of directors, member of the firm, major member of the limited liability company or manager, major partner of the partnership when the provider or licensee is a firm, partnership, limited liability company, or corporation, administrator, or employee of a group home shall be entitled or assigned to any benefits of a life insurance policy on the resident unless the provider, licensee, administrator, or employee is related to the resident of the home by blood, marriage or adoption.
C. No provider or licensee, including a corporate officer, major stockholder or member of the board of directors, member of the firm, major member of the limited liability company or manager, major partner of the partnership, when the provider or licensee is a firm, partnership, limited liability company, or corporation, administrator, or employee of a group home shall be appointed guardian or conservator of a resident of the home or hold power of attorney for a resident of the home unless said provider, licensee, administrator or employee is a relative of the resident and is otherwise eligible for appointment by a court as the guardian of the resident.
Added by Laws 1987, c. 225, § 26, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 26, eff. Nov. 1, 1996; Laws 1996, c. 354, § 26, eff. Nov. 1, 1996. Renumbered from § 1-818.26 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 21, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.31. Prohibited acts.

A. No person shall willfully:
1. Fail to correct or interfere with the correction of a violation within the time specified on the notice or approved plan of correction pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act as the maximum period given for correction, unless an extension is granted and the corrections are made before expiration of extension;
2. Prevent, interfere with, or attempt to impede in any way the work of any duly authorized representative of the Department of Human Services in the investigation and enforcement of the Group Homes for Persons with Developmental or Physical Disabilities Act;
3. Prevent or attempt to prevent any such representative from examining any relevant books or records in the conduct of official duties pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act;
4. Prevent or interfere with any such representative in the preserving of evidence of any violation of the Group Homes for Persons with Developmental or Physical Disabilities Act or the rules promulgated pursuant thereto;
5. Retaliate or discriminate against any resident or employee for contacting or providing information to any state official, or for initiating, participating in, or testifying in an action for any remedy authorized pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act;
6. File any false, incomplete, or intentionally misleading information required to be filed pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, or willfully fail or refuse to file any information required by the Department pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act; or
7. Open or operate a group home without a license or a contract for group home services with the Department of Human Services or the Oklahoma Health Care Authority.
B. No employee of a state or unit of a local government agency shall aid, abet, assist, conceal, or conspire with any employee of a provider or licensee in a violation of any provision of the Group Homes for Persons with Developmental or Physical Disabilities Act or any rule or standard promulgated by the Commission for Human Services pursuant to the Group Homes for Persons with Developmental or Physical Disabilities Act.
C. Any person who violates any of the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, upon conviction, shall be guilty of a misdemeanor. Each day upon which such violation occurs shall constitute a separate violation.
Added by Laws 1987, c. 225, § 31, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 31, eff. Nov. 1, 1996; Laws 1996, c. 354, § 31, eff. Nov. 1, 1996. Renumbered from § 1-818.31 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 23, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.32. Violations - Penalties.

A. Any person who has been determined by the Department of Human Services to have violated any provision of the Group Homes for Persons with Developmental or Physical Disabilities Act, or any rule or order issued pursuant thereto may be liable for an administrative penalty of not more than One Hundred Dollars ($100.00) for each day that the violation continues. The maximum administrative penalty shall not exceed Ten Thousand Dollars ($10,000.00) for any related series of violations.
B. The amount of the penalty shall be assessed by the Department pursuant to the provisions of subsection A of this section, after notice and hearing. In determining the amount of the penalty, the Department shall include but not be limited to consideration of the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, the effect on ability of the person to continue to do business, and any show of good faith in attempting to achieve compliance with the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act.
C. Any license holder may elect to surrender such license in lieu of said fine but shall be forever barred from obtaining a reissuance of such license.
D. In addition to or in lieu of a fine as provided in this section, the Department may issue an administrative order prohibiting a group home which has a history of incomplete or partial compliance with the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, or which has a history of failure to fully implement a plan of correction in a timely manner from admitting new or additional residents to the group home.
Added by Laws 1987, c. 225, § 32, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 32, eff. Nov. 1, 1996; Laws 1996, c. 354, § 32, eff. Nov. 1, 1996. Renumbered from § 1-818.32 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.33. Notice of voluntary closing - Alternative placement of residents.

Any provider or licensee operating under the Group Homes for Persons with Developmental or Physical Disabilities Act shall give ninety (90) days' notice prior to voluntarily closing a group home or closing any part of a group home, or prior to closing any part of a group home if closing such part will require the transfer or discharge of more than ten percent (10%) of the residents. Such notice shall be given to the Department of Human Services, to any resident who must be transferred or discharged, to the resident's guardian or advocate, and to a member of the resident's family, where practicable. Notice shall state the proposed date of closing and the reason for closing. The provider or licensee shall offer to assist the resident in securing an alternative placement and shall advise the resident on available alternatives. Where the resident is unable to choose an alternative placement and is not under guardianship, the Department shall be notified of the need for relocation assistance. The provider or licensee shall comply with all applicable laws and rules until the date of closing, including those related to transfer or discharge of residents. The Department may place a relocation team in the group home if needed. Also, the Department may promulgate rules that establish criteria for the acceleration of the notice requirement if extraordinary circumstances warrant it.
Added by Laws 1987, c. 225, § 33, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 33, eff. Nov. 1, 1996; Laws 1996, c. 354, § 33, eff. Nov. 1, 1996. Renumbered from § 1-818.33 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 24, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-1430.34. Appointment of monitor or receiver.

A. The Department of Human Services may place an employee or agent to serve as a monitor at a provider agency or licensee subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act or may petition the district court for appointment of a receiver for a provider or licensee, or both, when any of the following conditions exist:
1. The group home is operating without a license;
2. The Department has suspended, revoked or refused to renew the existing license of the provider or licensee;
3. The provider or licensee has closed or has informed the Department that it intends to close and adequate arrangements for relocation of residents have not been made at least thirty (30) days prior to closure; or
4. The Department determines that an emergency exists, whether or not it has initiated revocation or nonrenewal procedures, if because of the unwillingness or inability of the provider or licensee to remedy the emergency the Department believes a monitor or receiver is necessary.
B. In any situation described in subsection A of this section, the Department may place a qualified person to act as monitor at the provider agency or licensee. The monitor shall observe the operation of the provider agency or licensee, assist the provider or licensee by advising it on how to comply with the state rules promulgated by the Commission for Human Services and shall report periodically to the Department on the operation of the provider agency or licensee.
Added by Laws 1987, c. 225, § 34, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 34, eff. Nov. 1, 1996; Laws 1996, c. 354, § 34, eff. Nov. 1, 1996. Renumbered from § 1-818.34 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 25, eff. Nov. 1, 2006.