Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 3 - INVESTIGATIONS › Section 340:2-3-35 - Processing referrals received by the Office of Client Advocacy (OCA)

Current through Vol. 41, No. 20, July 1, 2024
(a)
OCA
				  referral screening options.
Except for referrals received from the
				  Oklahoma Department of Human Services (DHS) Abuse and Neglect Hotline (Hotline)
				  involving a child, OCA intake records on Form 15GN001E, Office of Client
				  Advocacy-Intake Referral, the specifics of each referral and makes an
				  appropriate disposition. All known information is considered when determining
				  the appropriate disposition and course of action. If the information is unclear
				  and it appears the allegation may rise to the level of abuse, neglect, or
				  exploitation, a preliminary inquiry is conducted by intake staff. The screening
				  disposition options and criteria include, but are not limited to, the options
				  described in (1) through (12) of this subsection.
(1)
Assign for OCA
				  investigation.
This screening disposition means OCA opens an
				  investigation of an allegation of the person responsible for the child of
				  interest (PRFCI) or vulnerable adult caretaker (VAC) maltreatment.
(2)
Assign for internal caretaker
				  conduct review.
This screening disposition means the facility or
				  provider named in the referral is given responsibility to conduct an internal
				  caretaker conduct review per Oklahoma Administrative Code (OAC )
				  340:2-3-37.
				  Within one business day of receiving a referral given this disposition, OCA
				  intake notifies the administrator or designated contact person. This screening
				  disposition applies to allegations involving vulnerable adults residing at the
				  Robert M. Greer Center (Greer) and facilities for children not licensed by or
				  contracted with DHS.
(3)
Refer to OCA advocate.
This screening disposition is made when the
				  referral involves a Hissom class member or a resident of Greer and involves a
				  concern based on the information provided and does not rise to the level of
				  maltreatment.
(4)
Refer to
				  another administrative entity.
This screening disposition means OCA
				  intake forwards the information to another state agency or DHS program or
				  office. This screening disposition is appropriate when information provided by
				  the reporting party does not include an allegation of caretaker maltreatment
				  within OCA purview, but involves complaints about employee performance or
				  allegations within the scope of another administrative entity.
(5)
Refer to Office of Inspector
				  General (OIG).
An allegation regarding the alleged misuse of a
				  Supplement Nutrition Assistance Program (SNAP) Electronic Benefits Transfer
				  (EBT) card, or Social Security Administration fraud or overpayment, is sent to
				  OIG for investigation. This disposition is also utilized when there are
				  allegations of fraud, misconduct, or criminal behavior against current DHS
				  employees.
(6)
Refer to law
				  enforcement.
This screening disposition is used when the referral
				  involves possible criminal activity and the reported allegations are not within
				  OCA investigative authority per OAC
				  340:2-3-32(a).
				  This disposition is not used when OCA opens an investigation on a referral even
				  though a law enforcement agency is investigating the matter. A case may warrant
				  simultaneous OCA involvement and referral to law enforcement. In those
				  instances, notification to law enforcement is appropriately
				  documented.
(7)
Refer for
				  grievance.
This screening disposition means the referral is directed to
				  the appropriate entity for processing as a grievance, when the content of the
				  referral is not caretaker maltreatment, but a complaint or concern that can be
				  addressed by a grievance. When the complaint can be addressed as a grievance
				  and is referred for grievance by OCA, the entity promptly notifies its local
				  grievance coordinator. A referral may be appropriate for processing as a
				  grievance when the complaint concerns:
(A)
				  conditions that do not endanger clients or residents;
(B) staff improprieties that do not
				  constitute maltreatment; and
(C)
				  privileges and restrictions not involving the use of isolation, force, or
				  restraints.
(8)
No
				  action required.
This screening disposition is made when OCA takes no
				  action in response to the referral because the information provided is for
				  notification purposes only and does not include an allegation, complaint, or
				  concern appropriate for another screening disposition.
(9)
Refer to administration.
This screening disposition means the matter is not within the purview of OCA,
				  another DHS unit, or another state agency, but is relevant to the facility or
				  provider operations.
(10)
Refer to Developmental Disabilities Services (DDS) Quality Assurance
				  (QA).
This screening disposition is made when an allegation involves an
				  alleged contract violation that does not involve caretaker
				  maltreatment.
(11)
Refer for
				  special advocacy.
This screening disposition is made when the referral
				  constitutes a request for advocacy services per OAC
				  340:2-3-75.
(12)
Refer to State Office DDS case
				  management.
This screening disposition is made when an allegation does
				  not rise to the level of abuse, neglect, or exploitation but involves an issue
				  of person-centered planning or case management follow-up on behalf of a
				  vulnerable adult.