Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 30 - Standards and Criteria for Adult Victims of Human Sex Trafficking Programs › Subchapter 1 - General Provisions › Section 75:30-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this chapter,
				  shall have the defined meaning, unless the context clearly indicates otherwise:
"Admission"
means to accept a client for
				  services or treatment.
"Advocacy"
means the assistance provided which
				  supports, supplements, intervenes and/or links the client and their dependents
				  with the appropriate service components to encourage self-determination,
				  autonomy, physical and emotional safety, and to offer information that will
				  support independence. This can be viewed as a combination of active listening
				  and facilitating personal problem solving along with researching options of
				  action, safety planning, community outreach and education; it may include
				  medical, dental, financial, employment, legal and housing assistance.
"Advocate"
means a person, who offers clients
				  appropriate services.
"Assessment"
means an appropriate course of
				  assistance based on a face-to-face formal screening.
"Behavioral Health Professional"
means either
				  licensed or under supervision for licensure as a Licensed Professional
				  Counselor, Licensed Marriage and Family Therapist, Licensed Behavioral
				  Practitioner, Licensed Clinical Social Worker, psychiatrist or psychologist
				  with clients in individual, group or family settings to promote positive
				  emotional or behavioral change. A practicum student or intern in an accredited
				  graduate program in preparation for one of the above licenses may provide
				  counseling to victims of domestic violence, sexual assault, human sex
				  trafficking or stalking and their dependents.
"Business day"
shall mean a calendar day other
				  than a Saturday, Sunday, or state holiday. In computing any period of time
				  where the last day would fall on a Saturday, Sunday, or state holiday, the
				  period shall run until 5:00 P.M. of the next business day.
"Case consultation"
means review of a client's
				  case by the primary service provider and other program personnel, consultants
				  or both.
"Case management"
means a professional practice
				  in which the service recipient is a partner, to the greatest extent possible,
				  in assessing needs, defining desired outcomes, obtaining services, treatments,
				  and supports, and in preventing and managing crisis. Case management is a
				  central service that includes: explanation of social services, service system
				  advocacy, basic case coordination, assessments, and service plan development.
				  It may also include transportation, translation, emotional support and
				  counseling depending upon the training and resources of the case manager.
"Case manager"
means someone with experience
				  serving victims of crime, human sex trafficking victims, refugees, immigrants,
				  crime victims or other related populations. Ideally, they will have received
				  specific training to serve trafficking victims. The Case Manager will ensure
				  that victims receive the services they need and facilitate access to community
				  services.
"Certification"
means a process that the
				  Department of Health and Human Services, Office of Refugee Resettlement (HHS or
				  ORR) uses to officially say that a person is a victim of a severe form of human
				  sex trafficking. Advocates assisting victims of human sex trafficking can
				  assist in the certification process by informing victims of their rights
				  generally, and working with law enforcement and attorneys to ensure that they
				  understand and advocate for the victim's individual needs once certified.
"Certified Domestic and Sexual Violence Response
				  Professional"
means a professional certified by the Oklahoma Coalition
				  Against Domestic Violence and Sexual Assault.
"Certified adult victims of human sex trafficking
				  program"
means a status which is granted to an entity by the Oklahoma
				  Attorney General, and indicates approval to offer shelter and services pursuant
				  to 74 O.S. § 18p-6. In accordance with the Administrative Procedures Act,
				  75 O.S. § 250.3(8), certification is defined as a "license."
"Child"
or
"Children"
means any
				  unmarried individual from birth to eighteen years of age.
"Children's Activities"
means direct child
				  contact that is temporary in nature and is not intended to address the effects
				  of human sex trafficking, sexual assault/abuse and trauma on children i.e.
				  special events such as Christmas parties, Easter egg hunts, that is supervised
				  by program personnel or volunteers.
"Children's Services"
means direct child contact
				  that is intended to address the effects of human sex trafficking, sexual
				  assault/abuse and trauma on children including but not limited to intake, needs
				  assessment, groups, advocacy and any other service related to human sex
				  trafficking, sexual assault/abuse and trauma.
"Client"
means an adult individual who has
				  applied for, is receiving or has received assistance or services of a certified
				  sexual assault program for adult victims of human sex trafficking.
"Client record"
includes, but is not limited to,
				  all communication, records and information on an individual client.
"Commercial sex"
means any form of commercial
				  sexual activity such as sexually explicit performances, prostitution,
				  participation in the production of pornography, performance in a strip club, or
				  exotic dancing or display.
"Community"
means the people, groups, agencies
				  or other facilities within the locality served by the program.
"Contract"
means a formal document adopted by
				  the governing authority of the program and any other organization, agency, or
				  individual that specifies services, personnel or space to be provided to the
				  program and the monies to be expended in exchange.
"Court advocate"
means a qualified, trained
				  staff or volunteer whose duties are to offer assistance to victims and any
				  dependents in legal matters relevant to their situation. A Court Advocate
				  provides court advocacy through support, information, assistance, safety
				  planning, accompaniment and intervention with any aspect of the civil or
				  criminal legal system on behalf of a victim of human sex trafficking. Court
				  Advocates shall not act as licensed attorneys and are not permitted to give
				  legal advice, unless such person is a licensed attorney in the state of
				  Oklahoma.
"Counseling"
means face-to-face therapeutic
				  session with one-on-one interaction between a licensed behavioral health
				  professional and an individual to promote emotional and/or behavioral change
				  focused on victim safety and perpetrator accountability. Those individuals
				  providing professional therapy to adult/child victims/survivors of human sex
				  trafficking as a result of sexual violence understand that victims of
				  trafficking may exhibit depression, post-traumatic stress disorder, memory
				  problems, fear, suspicion, rape trauma syndrome and physical distress as a
				  result of the psychological stress, such as headaches, stomach aches, chest
				  pain and numbing of parts of the body. Interviews requiring them to recount
				  their experiences can trigger these behaviors. Initially, many victims may be
				  more comfortable with less formal, supportive counseling or "conversations"
				  (not counseling) geared toward immediate problem solving, adjusting to life at
				  the center and coping with loneliness and isolation from their communities.
"Crisis intervention"
means short-term,
				  immediate assistance and advocacy given by phone or in person to adult victims
				  of human sex trafficking. Crisis intervention services include but are not
				  limited to assessing dangerousness, safety planning, information about
				  available legal remedies, establishing rapport and communication, identifying
				  major problems, exploring feelings and providing support, exploring possible
				  alternatives, and/or formulating an action plan and follow-up measures.
"Critical incident"
means an occurrence or set
				  of events inconsistent with the routine operation of the facility, or the
				  routine care of a client. Critical incidents specifically include but are not
				  necessarily limited to the following: adverse drug events; self-destructive
				  behavior; deaths and injuries to clients, personnel, volunteers and visitors;
				  incidents involving medication; neglect or abuse of a client; fire;
				  unauthorized disclosure of information; damage to or theft of property
				  belonging to a client or the facility; other unexpected occurrences; or events
				  potentially subject to litigation. A critical incident may involve multiple
				  individuals or results.
"Cultural diversity"
means the spectrum of
				  differences that exists among groups of people with definable and unique
				  cultural backgrounds.
"Direct services"
means services delivered by a
				  qualified staff member or volunteer, in direct contact with a client including
				  telephone or other electronic contact.
"Director"
means the person hired by the
				  governing authority to direct all the activities of the organization.
"Documentation"
means the provision of written,
				  dated and authenticated evidence to substantiate compliance with standards,
				  e.g., minutes of meetings, memoranda, schedules, notices, logs, records,
				  policies, procedures, announcements, correspondence, services, and photographs.
"Education"
means the dissemination of relevant
				  information specifically focused on increasing the awareness of the community
				  and the receptivity and sensitivity to human sex trafficking problems and
				  services and may include a systematic presentation of selected information to
				  impart knowledge or instructions, to increase understanding of specific issues
				  or programs, to examine attitude or behaviors and stimulate social action or
				  community support of the program and its clients.
"Emergency services"
or
"crisis
				  services"
means a twenty-four (24) hour capability for danger
				  assessment, intervention and resolution of a client crisis or emergency that is
				  provided in response to unanticipated, unscheduled emergencies requiring prompt
				  intervention.
"Emergency transportation"
means transportation
				  for a victim of human sex trafficking to a secured identified location at which
				  emergency services or crisis services can be offered.
"Executive director"
means the person in charge
				  of a facility as defined in this section.
"Facility"
means the physical location(s) of a
				  certified program governed by this chapter of Title 75.
"Family"
means the children, spouse, parents,
				  brothers, sisters, other relatives, foster parents, guardians and others who
				  perform the roles and functions of family members in the lives of clients.
"Governing authority"
means a group of persons
				  having the legal authority, and final responsibility for the operations and
				  functions of the entire certified adult victims of human sex trafficking
				  program, or shelter, in and of all geographical locations and administrative
				  divisions.
"Group counseling"
means a face-to-face
				  therapeutic session with a group of adult/child victims/survivors to promote
				  emotional or behavioral change. Those individuals providing professional
				  therapy to victims/survivors of human sex trafficking must be prepared to
				  provide education and information about:
(A) Physical and emotional safety;
(B) How perpetrators maintain control and dominance over
				  their victims;
(C) The need to hold perpetrators accountable for their
				  actions; and
(D) The recognition that individuals victimized are not
				  responsible for a perpetrator's violent behavior, and the role of society in
				  perpetuating violence against women and the social change necessary to
				  eliminate violence against women, including the elimination of discrimination
				  based on race, color, gender, sexual orientation, age, disabilities, economic
				  or educational status, religion or national origin.
"Guardian"
means an individual who has been
				  given the legal authority for managing the affairs of another individual.
"Indirect services"
means services delivered by
				  a staff member or volunteer, that does not involve direct services with a
				  client or client's child.
"Initial contact"
means a person's first contact
				  with the program or facility requesting information or service by telephone or
				  in person.
"Intake"
means an interaction intended to
				  discover what has happened, determine what the crisis is, assess dangerousness
				  indicators, do safety planning, and/or establish the immediate needs of adult
				  victims and any dependents of human sex trafficking to determine appropriate
				  services and referrals. This includes interaction with an individual determined
				  to be appropriate for ongoing service in order to obtain basic demographic
				  information, gather vital information on the adult and the children, orient the
				  victim/survivor to the program, program rules, and, if applicable, the
				  facilities. Cultural needs should also be identified at this time.
"Language Interpretation"
means activities that
				  involve a client who is deaf or hearing impaired or has limited English
				  proficiency requiring an interpreter for a staff member or volunteers to offer
				  services.
"Licensure"
means the official or legal
				  permission to persons or health facilities meeting qualifications to engage in
				  a given occupation or use a particular title.
"Medical care"
means those diagnostic and
				  treatment services which can only be provided or supervised by a licensed
				  physician.
"Medication"
means any drug that is legally in
				  the possession of the client, his/her children, or a person seeking admittance
				  to the shelter or his/her children; this definition includes prescription
				  medications and medications available for legal purchase without a
				  prescription.
"Mental health services"
means a range of
				  diagnostic, therapeutic, and rehabilitative services used in treating mental
				  illness or emotional disorders, including substance abuse.
"Neglect"
means failing to provide adequate
				  personal care or maintenance, or access to medical care which results or may
				  result in physical or mental injury or harm to a client.
"OAG"
means the Office of the Oklahoma Attorney
				  General.
"Objectives"
means a specific statement of
				  planned accomplishments or results which are quantitative, qualitative,
				  time-limited and realistic.
"Oklahoma Administrative Code"
or
"OAC"
means the publication authorized by 75 O.S. §
									256
				  known as The Oklahoma Administrative Code, or, prior to its publication, the
				  compilation of codified rules authorized by 75 O.S. § 256(A)(1)(a) and
				  maintained in the Office of Administrative Rules.
"Operation"
means that clients are receiving
				  services offered by the program.
"Personnel record"
means a file containing the
				  employment history and actions relevant to individual personnel and volunteer
				  activities within an organization such as application, evaluation, salary data,
				  job description, citations, credentials, etc.
"Persons with special needs"
means persons with
				  a condition which is considered a disability or impairment under the "American
				  with Disabilities Act of 1990" including, but not limited to the deaf and hard
				  of hearing, blind, physically disabled, developmentally disabled, persons with
				  disabling illness, persons with mental illness. See "Americans with
				  Disabilities Handbook," published by U.S. Equal Employment Opportunity
				  Commission and U.S. Department of Justice.
"Policies"
means statements of program intent,
				  strategy, principle, or rules for providing effective and ethical services.
"Primary Victim"
means a client who has
				  experienced human sex trafficking or the consequences of the crimes first hand.
"Procedures"
means the standard methods by which
				  policies are implemented.
"Program"
means a set of activities designed and
				  structured to achieve specific objectives relative to the needs of the clients.
"Program evaluation"
means the documented
				  assessment activities, performed internally or externally, of a program or a
				  service and its governing authority, staff, volunteers, activities and planning
				  process to determine whether program goals are met, staff, volunteers, and
				  activities are effective, and what effect, if any a program or service has on
				  the problem which it was created to address or on the population which it was
				  created to serve.
"Program goals"
means broad general statements
				  of purpose or intent.
"Qualified staff"
means someone who has met the
				  criteria for provision of direct services as defined in
				  75:30-11-12.
"Release"
or
"Waiver"
means consent
				  that is informed, written and reasonably time-limited. The terms may be used
				  interchangeably to mean the same thing. 'Release' implies that confidential
				  information is released (despite confidentiality or privilege protection), and
				  'Waiver' implies waiving the right (to maintain privilege). If release of
				  information is compelled by statutory or court mandate, the program shall make
				  reasonable attempts to provide notice to victims affected by the disclosure of
				  information and take steps necessary to protect the privacy and safety of the
				  persons affected by the release of the information.
"Referral"
means information disseminated and/or
				  coordinated access to agency and community services to meet victim's/survivor's
				  and their dependents identified needs.
"Safety Planning"
means the process of working
				  with the victim/survivor to develop tools in advance of potential abuse or
				  violence for the immediate and long term safety of the victim/survivor. The
				  plans should be based on the individual's dangerousness indicators and should
				  include the safety needs of dependents. Human sex trafficking victims face
				  danger from organized crime, and the levels of danger depend on a host of
				  factors including how much a victim's testimony can harm the perpetrators and
				  how violent and extensive a human sex trafficking organization may be.
				  Additional risks may include isolation due to inability to speak English and
				  distrust of law enforcement and the criminal justice system and unfamiliarity
				  with ways to seek help and safety.
"Screening"
means the process of determining,
				  preliminarily, the nature and extent of an individual's problem in order to
				  establish the service needs. At a minimum, a screening shall include a brief
				  personal history related to abuse, a review of the individual's strengths and
				  resources, risk factors and referral needs.
"Secondary Victim"
means a person with a
				  relationship with the primary victim.
"Self Determination"
means the right to make
				  one's own choices.
"Service agreement"
means a written agreement
				  between two or more service agencies and individual service providers defining
				  the roles and responsibilities of each party. The purpose of service agreements
				  is to promote coordination and integration of service programs for the purpose
				  of curbing fragmentation and unnecessary service duplication in order to assure
				  a continuation of services.
"Service note"
means the documentation of the
				  time, date, location and description of services offered or provided, and
				  signature, including electronic signature of staff or volunteer offering or
				  providing the services.
"Service plan"
means a plan of action developed
				  and agreed upon by the client and service provider that contains service
				  appropriate goals and objectives for the client.
"Sexual Assault"
means a range of behaviors,
				  including but not limited to rape, attempted rape, sexual battery, human sex
				  trafficking, sexual abuse of children, sodomy and sexual harassment.
"Sexual assault services"
means personal
				  advocacy and support services provided to adult victims of human sex
				  trafficking in settings such as law enforcement, medical settings or program
				  offices.
"Sex trafficking"
also known as
"Human Sex
				  Trafficking for Commercial Sex"
means recruiting, enticing, harboring,
				  maintaining, transporting, providing or obtaining, by any means, another person
				  through deception, force, fraud, threat or coercion for purposes of engaging
				  the person in a commercial sex act, or benefiting, financially or by receiving
				  anything of value, from participating in a venture that has engaged in an act
				  of human sex trafficking for commercial sex.
"Shelter services"
means a certified residential
				  living arrangement in a secure setting with support and advocacy services
				  provided by qualified staff, for adult victims of sexual assault as a result of
				  human sex trafficking and their dependents.
"Staff"
means personnel who function with a
				  defined role within the program whether full-time, part-time or contracted.
"Substance Abuse Services"
means the assessment
				  and treatment of diagnosable substance abuse and dependence disorders, as
				  defined by current DSM criteria, by qualified alcohol and drug treatment
				  professionals.
"Support"
or
"Supportive Services"
means the provision of direct services to victims and their dependents for the
				  purposes of preventing further violence, helping such victims to gain access to
				  civil and criminal courts and other community services, facilitating the
				  efforts of such victims to make decisions concerning their lives in the
				  interest of safety, and assisting such victims in healing from the effects of
				  human sex trafficking.
"Transitional living services"
means temporary,
				  independent living programs with support services provided by the staff or
				  volunteers of the sponsoring human sex trafficking program. These services are
				  extensions of human sex trafficking shelter services to victims of human sex
				  trafficking and their dependents. These services permit victims to develop
				  their financial capacity and other means to live independently.
"Trauma-informed services"
means a service
				  approach that recognizes the impact of trauma and acknowledges the role of
				  trauma in the lives of victims/survivors and their dependents.
"Universal precautions for transmission of infectious
				  diseases"
means those guidelines promulgated by the U.S. Occupational
				  Health and Safety Administration which are designed to prevent the transmission
				  of Human Immunodeficiency Virus, hepatitis and other infectious diseases.
"Update"
means a dated and signed review of a
				  report, plan or program with or without revision.
"Voluntary Services"
means a program shall not
				  mandate participation in supportive services as a condition of shelter
				  residency or emergency services (Family Violence Prevention and Services Act (
				  42 U.S.C.
				  10408 )
"Volunteer"
means any person who is not on the
				  program's payroll, but provides either indirect or direct services and fulfills
				  a defined role within the program and includes interns and practicum students.
Added at 28 Ok Reg 1931,
				  eff 7-11-11