Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 3 - INVESTIGATIONS › Section 340:2-3-34 - Facility administrator's responsibilities regarding allegations reportable to Office of Client Advocacy (OCA)

Current through Vol. 41, No. 20, July 1, 2024
(a)
Facility administrator's responsibility for protection, safety, health,
				  and welfare of children and vulnerable adults.
When OCA intake receives
				  an allegation of maltreatment by a vulnerable adult caretaker (VAC) or a person
				  responsible for the child of interest (PRFCI), from anyone other than the
				  administrator or the administrator's designee of the facility or provider
				  responsible for the client, OCA intake promptly notifies the applicable
				  administrator of the allegation.
(1) Upon
				  becoming aware of an allegation of caretaker maltreatment involving an OCA
				  client, an administrator or the administrator's designee ensures the safety,
				  protection, and needed medical attention of any client named in the allegation
				  and other clients receiving services from the facility or provider.
(2) When criminal activity is alleged
				  regarding a child or vulnerable adult, the administrator or the administrator's
				  designee immediately notifies the appropriate local law enforcement authority.
				  The types of criminal activity reported to law enforcement include, but are not
				  limited to, the use or possession of illegal drugs; domestic abuse; illegal
				  sexual activity; illegal use of alcohol; theft of money, property, or
				  medication that is a controlled substance; and when someone other than a
				  caretaker is believed to have committed the allegation.
(3) The administrator or the administrator's
				  designee takes necessary personnel actions to ensure the protection and safety
				  of the alleged victim(s) and other clients. When necessary to ensure safety, a
				  Plan for Immediate Safety (PFIS) is completed with an OCA investigator. The
				  creation of the PFIS may include consultation with: Oklahoma Department of
				  Human Services (DHS) Developmental Disabilities Services (DDS), Child Welfare
				  Services (CWS) Specialized Placements and Partnerships Unit (SPPU), Child Care
				  Services (CCS), or the Oklahoma Office of Juvenile Affairs (OJA). OCA does not
				  determine or approve personnel actions taken by an administrator or the
				  administrator's designee in response to allegations reported to OCA.
(4) In the event of alleged abuse or neglect
				  of a Hissom class member (HCM) by a provider's employee or subcontractor, the
				  administrator or the administrator's designee ensures the protection and
				  medical attention for any HCM named in an allegation or other individual
				  served. In the event of alleged abuse or neglect by an individual serving as a
				  provider, it is the responsibility of the HCM's case manager to ensure
				  protection, medical attention, or both for the HCM. OCA intake notifies the
				  applicable DDS area manager by email within one business day of receipt of a
				  referral of abuse or neglect by an individual serving as provider for the
				  HCM.