reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-8 - Office of Advocate Defender [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
					 507, eff 12-13-91 (emergency); Amended at 9 Ok Reg 2057, eff 6-11-92; Amended
					 at 11 Ok Reg 4461, eff 8-1-94; Amended at 12 Ok Reg 1387, eff 5-26-95; Revoked
					 at 18 Ok Reg 3435, eff 7-1-01 (emergency); Revoked at 19 Ok Reg 1117, eff
					 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-9 - Procedure for investigation [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
					 507, eff 12-13-91 (emergency); Amended at 9 Ok Reg 2057, eff 6-11-92; Amended
					 at 11 Ok Reg 4461, eff 8-1-94 (emergency); Amended at 12 Ok Reg 1387, eff
					 5-26-95; Revoked at 18 Ok Reg 3435, eff 7-1-01 (emergency); Revoked at 19 Ok
					 Reg 1117, eff 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-10 - Review of investigative reports [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg
					 4461, eff 8-1-94 (emergency); Amended at 12 Ok Reg 1387, eff 5-26-95; Revoked
					 at 18 Ok Reg 3435, eff 7-1-01 (emergency); Revoked at 19 Ok Reg 1117, eff
					 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-11 - Role of the Grievance and Abuse Review Committee [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
					 507, eff 12-13-91 (emergency); Amended at 9 Ok Reg 2057, eff 6-11-92; Amended
					 at 11 Ok Reg 4461, eff 8-1-94 (emergency); Amended at 12 Ok Reg 1387, eff
					 5-26-95; Revoked at 18 Ok Reg 3435, eff 7-1-01 (emergency); Revoked at 19 Ok
					 Reg 1117, eff 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-12

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg 4461, eff 8-1-94 (emergency) ;
						Amended at 12 Ok Reg 1387, eff 5-26-95 ; Amended at 18 Ok Reg 3435, eff 7-1-01
						(emergency) ; Amended at 19 Ok Reg 1117, eff 5-13-02 ; Amended at 20 Ok Reg
						1994, eff 7-1-03 ; Amended at 21 Ok Reg 2330, eff 6-25-04 ; Amended at 30 Ok
						Reg 597, eff 7-1-13
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-13 - Grievance and abuse review committee [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg
					 4461, eff 8-1-94 (emergency); Amended at 12 Ok Reg 1387, eff 5-26-95; Revoked
					 at 18 Ok Reg 3435, eff 7-1-01 (emergency); Revoked at 19 Ok Reg 1117, eff
					 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-14 - Grievance rules [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 18 Ok Reg
					 3435, eff 7-1-01 (emergency); Revoked at 19 Ok Reg 1117, eff
					 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-15 - Resolving the Grievance [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 18 Ok Reg
					 3435, eff 7-1-01 (emergency); Revoked at 19 Ok Reg 1117, eff
					 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-16 - Grievance logs, files and reports [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 18 Ok Reg
					 3435, eff 7-1-01 (emergency); Revoked at 19 Ok Reg 1117, eff
					 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-17 - Monitoring and evaluation [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 18 Ok Reg
					 3435, eff 7-1-01 (emergency); Revoked at 19 Ok Reg 1117, eff
					 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-18 - Group homes [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 18 Ok Reg
					 3435, eff 7-1-01 (emergency); Revoked at 19 Ok Reg 1117, eff
					 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-19 - Community based programs [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 18 Ok Reg
					 3435, eff 7-1-01 (emergency); Revoked at 19 Ok Reg 1117, eff
					 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-20 - Appeals procedure - State Office [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 18 Ok Reg
					 3435, eff 7-1-01 (emergency); Revoked at 19 Ok Reg 1117, eff
					 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-21 - Grievance rules, guidelines and procedures for Department operated facilities and community based services for the mentally retarded and developmentally disabled [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 18 Ok Reg
					 3435, eff 7-1-01 (emergency); Revoked at 19 Ok Reg 1117, eff
					 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-22 - Grievance rules, guidelines and procedures for private group homes for the mentally retarded and developmentally disabled [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 18 Ok Reg
					 3435, eff 7-1-01 (emergency); Revoked at 19 Ok Reg 1117, eff
					 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-23 - Rules, guidelines and procedures for investigating allegations of abuse, neglect and exploitation of Hissom class members who reside in the community [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg
					 4461, eff 8-1-94 (emergency); Amended at 12 Ok Reg 1387, eff 5-26-95; Revoked
					 at 18 Ok Reg 3435, eff 7-1-01 (emergency); Revoked at 19 Ok Reg 1117, eff
					 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-24 - Grievance policy and procedure for clients receiving services from the Department of Human Services [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
					 507, eff 12-13-91 (emergency); Amended at 9 Ok Reg 2057, eff 6-11-92; Revoked
					 at 18 Ok Reg 3435, eff 7-1-01 (emergency); Revoked at 19 Ok Reg 1117, eff
					 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-25 - Investigation of foster parent complaints of retaliation, harassment, or discrimination by an employee of the Department or child placing agency [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 15 Ok Reg
					 3541, eff 6-4-98 (emergency); Added at 16 Ok Reg 1008, eff 4-26-99; Revoked at
					 18 Ok Reg 3435, eff 7-1-01 (emergency); Revoked at 19 Ok Reg 1117, eff
					 5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-26 - Customer complaint process

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose and scope of the customer complaint process.
The customer
				  complaint process provides Office of Client Advocacy (OCA) customers an
				  opportunity to raise concerns about the OCA services they receive and to
				  request a review from the advocate general or designee. The process is
				  available to OCA customers and clients, client relatives and associates,
				  employees of other Oklahoma Department of Human Services (OKDHS) programs,
				  providers, and any other OCA customers.
(b)
Procedure.
(1) Any customer who is dissatisfied with or
				  has a concern about OCA services, practices, or procedures, or who considers
				  the action or inaction of an OCA employee to be improper or discourteous,
				  submits a written complaint detailing their concerns to the advocate general.
				  The complaint is sent either electronically to OCA.advocategeneral@okdhs.org or
				  by regular mail to Office of Client Advocacy, PO Box 25352, Oklahoma City, OK
				  73125.
(2) The advocate general or
				  designee reviews the complaint and informs the complainant of the results of
				  the review within 20 business days after receipt of the complaint.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 3 - INVESTIGATIONS › Section 340:2-3-32 - Office of Client Advocacy (OCA) investigations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Legal authority, scope, and
				  purpose.
(1)
Legal
				  authority.
(A) Section
				  1-9-112(A)(3)(d) and (e) of Title 10A of the Oklahoma Statutes (10A O.S. §
				  1-9-112(A)(3)(d) and (e)) gives the Office of Client Advocacy (OCA) the
				  responsibility to investigate allegations of abuse, neglect, sexual abuse,
				  sexual exploitation, and misconduct by a person responsible for the child:
(i) residing outside their own homes
				  regardless of custody, other than children in foster care;
(ii) receiving services from a community
				  services provider or a community services worker, per 56 O.S. §
													1025.1;
(iii) in a day treatment program per 10 O.S.
				  §
													175.20;
				  and
(iv) residing in a state
				  institution per 10 O.S. §
													1406.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 3 - INVESTIGATIONS › Section 340:2-3-33 - Procedure for reporting suspected abuse, neglect, verbal abuse, caretaker misconduct, and exploitation

Current through Vol. 41, No. 20, July 1, 2024
(a)
Reporting abuse or neglect of a child under 18 years of age.
Persons having reason to believe that a child under 18 years of age is a victim
				  of abuse or neglect are required per Section 1-2-101 of Title 10A of the
				  Oklahoma Statutes (10A O.S. § 1-2-101) to promptly report it to the
				  Oklahoma Department of Human Services (DHS) Abuse and Neglect Hotline (Hotline)
				  at 1-800-522-3511. Any allegation of abuse or neglect reported in any manner to
				  a DHS county office is immediately referred to the Hotline, per Section 10A
				  O.S. § 1-2-101.
(b)
Reporting abuse, neglect, verbal abuse, or exploitation of a vulnerable
				  adult.
Any person having reasonable cause to believe that a vulnerable
				  adult is a victim of abuse, neglect, verbal abuse, or exploitation reports to
				  DHS or the municipal police department or sheriff's office in the county where
				  the suspected abuse, neglect, verbal abuse, or exploitation occurred as soon as
				  the person is aware of the situation. The reporting requirement applies to
				  providers, per Oklahoma Administrative Code (OAC)
				  340:2-3-2 and the
				  provider's employees and agents.
(c)
Reporting caretaker misconduct
				  regarding a child.
When the DHS Specialized Placement Unit Child Care
				  Licensing office, the Office of Juvenile Affairs, or another source determines
				  a:
(1) pattern of misconduct exists by a
				  facility or person responsible for the child of interest (PRFCI); or
(2) facility administration fails to take
				  appropriate corrective action in response to an investigation or written plan
				  of compliance, a report should be made to the Hotline.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 3 - INVESTIGATIONS › Section 340:2-3-36 - Office of Client Advocacy (OCA) investigation procedures for cases involving child victims

Current through Vol. 41, No. 20, July 1, 2024
(a)
OCA
				  investigation initiation.
Per Section 1-9-112 of Title 10A of the Oklahoma Statutes
					 (10A O.S. § 1-9-112), Oklahoma Human Services (OKDHS) OCA within its
					 investigative scope and authority, conducts a prompt and thorough investigation
					 upon receiving a report of abuse, neglect, sexual abuse, or sexual exploitation
					 of a child within priority guidelines, per 10A O.S. § 1-2-105 and Oklahoma
					 Administrative Code (OAC)
					 340:75-3-130.
(b)
Joint investigations with law
				  enforcement.
In accordance with 10A O.S. § 1-9-102, the
				  multidisciplinary team (MDT) approach is used:
(1) whenever feasible for investigations
				  involving cases of child sexual abuse, sexual exploitation, physical abuse, and
				  neglect cases;
(2) to enhance the
				  investigative process and maximize services provided to affected children and
				  families; and
(3) to consult with
				  other MDT team members, as appropriate.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 3 - INVESTIGATIONS › Section 340:2-3-36.1 - Office of Client Advocacy (OCA) investigation procedures for cases involving vulnerable adults

Current through Vol. 41, No. 20, July 1, 2024
(a)
Initiation of OCA investigation initiation.
Oklahoma Human
				  Services (OKDHS) OCA within its investigative scope and authority, per Section
				  10-105 of Title 43A of the
				  Oklahoma Statutes (43A O.S. § 10-105), conducts a prompt and thorough
				  investigation upon receiving a report of maltreatment of a vulnerable adult who
				  is a recipient of home and community based waiver services, State Plan Personal
				  Care (SPPC) services, living choice waiver services, medically fragile waiver
				  services, or a Hissom Class Member, or a resident of the Robert M. Greer Center
				  (Greer).
(1) An OCA investigator initiates an
				  investigation when they make face-to-face contact with the vulnerable adult,
				  who is the alleged victim.
(2) The
				  OCA investigator initiates the investigation as soon as possible within
				  five-calendar days, not to exceed 120 hours from the time of the referral
				  receipt.
(3) In the case of an
				  emergency when a priority response is required, an OCA investigator initiates
				  the investigation as soon as possible, but not to exceed 24 hours from the date
				  of case assignment.
(4) During an
				  investigation, when the OCA investigator has concerns that the vulnerable adult
				  victim may be engaging in acts of self-neglect or needs involuntary protective
				  services or court intervention, the OCA investigator promptly makes a referral
				  to the Adult Protective Services (APS) and coordinates with APS to ensure the
				  vulnerable adult's safety, per 43A O.S. § 10-106.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 3 - INVESTIGATIONS › Section 340:2-3-37 - Caretaker conduct review (CCR)

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application.
This Section applies to referrals received by the
				  Office of Client Advocacy (OCA) that OCA refers to a facility for an internal
				  caretaker conduct review (CCR) per Oklahoma Administrative Code (OAC )
				  340:2-3-35(a)(2).
				  Allegations of caretaker misconduct regarding children are screened by the
				  Oklahoma Department of Human Services (DHS) Abuse & Neglect Hotline
				  (Hotline) and referred to the appropriate facility contracting and licensing
				  entities where the incident occurred. OCA may conduct an investigation when the
				  DHS Specialized Placement Unit, DHS Child Care Licensing Unit, or other source,
				  determines a pattern of misconduct exists by a person responsible for the child
				  of interest (PRFCI) or facility administration, or facility administration
				  fails to take appropriate corrective action. This Section does not apply to
				  allegations involving caretaker misconduct of a Hissom class member or a
				  vulnerable adult, other than a resident of the Robert M. Greer Center (Greer).
				  OCA continues to accept and process CCRs regarding children who are in
				  facilities not licensed by or contracted with DHS.
(b)
Assignment to a facility to conduct
				  a CCR.
(1) When OCA receives a referral
				  that indicates possible caretaker misconduct, in lieu of an investigation , OCA
				  intake may refer it to the facility where it allegedly occurred for handling as
				  a CCR when:
(A) there is no injury or
				  evidence the client might have been exposed to a significant risk of
				  harm;
(B) there is a minor physical
				  injury and it is not a suspicious injury;
(C) there is a serious physical injury and
				  the known credible information makes it unlikely the serious injury was the
				  result of abuse or neglect; or
(D)
				  excessive or unauthorized use of force is alleged and there is no injury or
				  only a minor injury that is not suspicious.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 3 - INVESTIGATIONS › Section 340:2-3-38 - Investigation of complaints made by foster parents or made by or on behalf of children being served by Child Welfare Services (CWS)

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application.
The Office of
				  Client Advocacy (OCA) investigates allegations:
(1) that an employee of Oklahoma Human
				  Services (OKDHS) or of a child-placing agency threatened a foster parent with
				  removal of a child from the foster parent, harassed or refused to place a child
				  in a licensed or certified foster home, or disrupted a child placement as
				  retaliation or discrimination towards a foster parent who engaged in a
				  protected act, per Sections 1-9-112 and 1-9-117 of Title 10A of the Oklahoma
				  Statutes (10A O.S. §§ 1-9-112 and 1-9-117); and
(2) that any OKDHS or child-placing agency
				  employee retaliated or discriminated against a child being served by CWS for
				  engaging in a protected act, per 10A O.S. § 1-9-119.1 and 10A O.S. §
				  1-9-120.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 3 - INVESTIGATIONS › Section 340:2-3-39 - Program Review process for substantiated child abuse or neglect findings in Office of Client Advocacy investigations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The Office of
				  Client Advocacy (OCA) program review process serves the following purposes:
(1) per the 2010 Child Abuse Prevention and
				  Treatment Act (CAPTA), Section 5101 et seq. of Title 42 of the United States
				  Code, Oklahoma Human Services (OKDHS) is required to provide persons who
				  disagree with a substantiated finding of child abuse or neglect with a
				  procedure for appealing and responding to appeals of those findings;
(2) serves as a quality assurance mechanism
				  to assess findings compliance with Office of Client Advocacy (OCA) standards,
				  per Oklahoma Administrative Code (OAC)
				  340:2-3-36;
				  and
(3) provides a procedure for
				  notice and an opportunity for review to an individual and, if the individual is
				  an employee of a facility licensed, certified, operated, or contracted by or
				  with the Office of Juvenile Affairs (OJA), to the facility prior to recording
				  an individual in the Restricted Registry, per Section
				  405.3
				  of Title 10 of the Oklahoma Statutes (10 O.S. §
				  405.3).
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 3 - INVESTIGATIONS › Section 340:2-3-39.1 - Reconsideration process for substantiated findings of vulnerable adult maltreatment in Office of Client Advocacy (OCA) investigations and Community Services Worker Registry (CSWR) procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Notice of
				  Reconsideration process for substantiated findings of vulnerable adult
				  maltreatment by vulnerable adult caretakers (VAC) not eligible for CSWR
				  placement.
(1) The OCA administrative
				  programs officer (APO) or designee sends the VAC a notification of findings of
				  vulnerable adult abuse/neglect and request for reconsideration within
				  10-calendar days of approval of a substantiated investigation finding by the
				  OCA programs manager or supervisor.
(2) The notification of findings informs the
				  VAC of:
(A) any substantiated vulnerable
				  adult abuse or neglect findings in the investigation;
(B) the abuse or neglect referral,
				  allegations, and findings dates;
(C) demographic Information; and
(D) instructions regarding the request for
				  reconsideration, specifying that:
(i) the VAC
				  may request reconsideration by mailing a request to the OCA Reconsideration
				  Committee within 20-calendar days of the date the notification of findings was
				  sent;
(ii) the VAC has the right to
				  provide additional written documentation to support a change of finding within
				  20-calendar days of the mailing date of the notification of findings.
(iii) if the VAC requests an attorney be
				  notified of the determination results, verification of representation must
				  first be established via submission of a statement of representation from the
				  attorney on his or her official letterhead; and
(iv) failure to submit a request for
				  reconsideration within 20-days of the date the notification of findings was
				  sent may result in the finding becoming final. In this case, the VAC may only
				  contest the finding upon a showing of good cause.
(3) The notification of
				  findings does not include the reporting party's identity.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 5 - GRIEVANCES › Section 340:2-3-45 - Grievance system protocols

Current through Vol. 41, No. 20, July 1, 2024
(a)
Legal authority, scope, and purpose.
(1)
Legal authority.
(A) Per Sections 1-9-112 and 1-9-120 of Title
				  10A of the Oklahoma Statutes (10A O.S. §§ 1-9-112 and 1-9-120), the
				  Office of Client Advocacy (OCA) established and maintains a fair, simple, and
				  expeditious grievance system for resolution of grievances of:
(i) all children in the custody of Oklahoma
				  Human Services (OKDHS) custody regarding:
(I)
				  the substance or application of any written or unwritten OKDHS policy or rule
				  by OKDHS or an OKDHS agent; or
(II) any decision or action by an employee or
				  agent of OKDHS, or of any child in the custody of OKDHS;
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 5 - GRIEVANCES › Section 340:2-3-46 - Contested grievances appealed to the State Office

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application.
This Section
				  describes the processes for contesting the second level response to Oklahoma
				  Human Services (OKDHS) grievances,, and provider grievances of Hissom Class
				  Members. For grievances of children being served by Child Welfare Services,
				  refer to OAC
				  340:2-3-47.
				  For grievances of approved foster parents refer to Oklahoma Administrative Code
				  (OAC)
				  340:2-3-50.
(b)
Definitions.
The definitions
				  in OAC
				  340:2-3-2 and
				  340:2-3-45(b)
				  apply to this Section unless the context clearly indicates otherwise.
(c)
Initiating the contested
				  grievance.
When a decision-maker asks to appeal a grievance to the State
				  Office administrator, within three-business days of notice of the request, the
				  local grievance coordinator (LGC) transmits the grievance to the Office of
				  Client Advocacy (OCA), Attention OCA grievance liaison, with Form 15GR002E,
				  Local Grievance Coordinator (LGC) Worksheet, attaching the corresponding Form
				  15GR001P (paper version) or 15GR001 E (electronic version), Grievance Form, and
				  other documents and information relevant to the subject matter of the
				  grievance.
(d)
Documentation
				  requirements.
When Form 15GR002E is submitted to OCA, attachments are:
(1) corresponding Form 15GR001P or 15GR001E;
(2) supporting facts relating to
				  the proposed resolution by the second level respondent, including documentation
				  relating to the first level and second level of problem resolution processes;
				  and
(3) any written rule, policy,
				  procedure, regulation, or other information relevant to the grievance subject
				  matter.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 5 - GRIEVANCES › Section 340:2-3-47 - Grievances of minors being served by Child Welfare Services

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application.
This Section
				  describes grievance processes relating to children being served by Child
				  Welfare Services (CWS).
(b)
Definitions.
The definitions in Oklahoma Administrative Code (OAC)
				  340:2-3-2 apply to
				  this Section unless the context clearly indicates otherwise.
(c)
Notice of grievance rights.
Written notice of the child being served by CWS's grievance rights is provided
				  to each child being served by CWS when services commence and at least annually
				  thereafter, and to any foster placement when the child enters placement and at
				  least annually thereafter. The notice explains the child being served by CWS's
				  right to grieve and, when applicable, identifies the relevant local grievance
				  coordinator (LGC).
(d)
Grievance defined.
Per Section § 1-9-120 of Title 10 A of the
				  Oklahoma Statutes (10A O.S. § 1-9-120), each child being served by CWS has
				  the right, without fear of reprisal or discrimination, to present grievances
				  with respect to the providing or receiving of services.
(1)
Grievable issues.
Except for
				  the limitations listed in (d)(2) of this Section, matters that are grievance
				  subjects include:
(A) the substance or
				  application of any written or unwritten policy or rule of Oklahoma of Human
				  Services (OKDHS) or an OKDHS agent, per 10A O.S. § 1-9-112;
(B) any decision or action by an OKDHS or
				  child-placing agency employee or agent; or
(C) denial of any right included in the
				  statement of rights, per 10A O.S. § 1-9-119.1.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 5 - GRIEVANCES › Section 340:2-3-48

Current through Vol. 41, No. 20, July 1, 2024
Added at 18 Ok Reg
					 3435, eff 7-1-01 (emergency); Added at 19 Ok Reg 1117, eff 5-13-02; Amended at
					 24 Ok Reg 978, eff 7-1-07; Amended at 26 Ok Reg 2195, eff
					 7-1-09
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 5 - GRIEVANCES › Section 340:2-3-49

Current through Vol. 41, No. 20, July 1, 2024
Added at 18 Ok Reg
					 3435, eff 7-1-01 (emergency); Added at 19 Ok Reg 1117, eff 5-13-02; Amended at
					 21 Ok Reg 2330, eff 6-25-04; Amended at 24 Ok Reg 978, eff
					 7-1-07
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 5 - GRIEVANCES › Section 340:2-3-50 - Foster parent grievances

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application.
This Section describes processes relating to foster
				  parent grievances. Section 1-9-120 of Title 10A of the Oklahoma Statutes (10A
				  O.S. § 1-9-120) confers on Oklahoma Human Services (OKDHS) the
				  responsibility to establish grievance procedures for foster parents contracting
				  with state agencies or child-placing agencies.
(b)
Definitions.
The definitions
				  in Oklahoma Administrative Code (OAC) OAC
				  340:2-3-2 and
				  340:2-3-45(b)
				  apply to this Section unless the context clearly indicates otherwise.
(c)
Notice of grievance rights.
Form 15GR008E, Notice of Grievance Rights - Foster Parents, is given to each
				  foster parent when approved as an OKDHS foster parent, at reassessment, and
				  with each new placement. It is given to the foster parent by the Child Welfare
				  Services (CWS) specialist assigned to the foster home within two-business days
				  of the approval, reassessment, or placement. Form 15GR008E is used to explain
				  the foster parent's right to grieve and to inform the foster parent of the
				  means through which a grievance may be filed. After the foster parent signs
				  Form 15GR008E, a copy is given to the foster parent and the original is
				  maintained in the permanent record for the foster parent.
(d)
Grievance defined.
Foster
				  parents may file grievances with respect to the provision or receipt of
				  services.
(1)
Grievable issues.
Except for the limitations listed in (d)(2) of this Section, matters that are
				  the subjects of a grievance include:
(A) the
				  substance or application of any OKDHS policy, rule, or regulation; or
(B) a decision, act, or omission
				  of an OKDHS employee.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 5 - GRIEVANCES › Section 340:2-3-51 - Developmental Disabilities Services (DDS) Greer Center Facility (Greer) resident grievances

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application.
This Section describes processes relating to
				  grievances of residents of Oklahoma Department of Human Services (DHS)-operated
				  facilities listed in Sections
				  1406
				  and
				  1414.1
				  of Title 10 of the Oklahoma Statutes (10 O.S. §§
										1406
				  and
				  1414.1
				  ). 10 O.S. §
										1415.1
				  confers on DHS the responsibility for establishing an ombudsman program that
				  includes a grievance system at DHS- operated facility for persons with
				  developmental disabilities.
(b)
Definitions.
The definitions in Oklahoma Administrative Code (OAC)
				  340:2-3-2 and
				  340:2-3-45(b)
				  apply to this Section unless the context clearly indicates otherwise.
(c)
Notice of grievance
				  rights.
The DDS facility gives Form 15GR006E, Notice of Grievance Rights
				  - DDSD Clients (General), to the resident and his or her guardian within 24
				  hours of the resident's admission to a facility and yearly thereafter at the
				  annual individual planning meeting. Form 15GR006E is used to identify the local
				  grievance coordinator (LGC) and to explain the resident's right to grieve.
				  After the resident or guardian signs Form 15GR006E, a copy is given to the
				  resident, the resident's guardian, or to the responsible family member when the
				  resident does not have a guardian or both, and the original is maintained in
				  the permanent record for the resident. When the LGC changes, the facility
				  notifies the residents, guardians, or responsible relatives of the new LGC's
				  name and contact information within 20 - business days.
(d)
Filing and processing of grievance
				  at the facility.
Grievances of residents are processed, per OAC
				  340:2-3-45(g)
				  unless otherwise provided in this Section.
(1) The Office of Client Advocacy (OCA)
				  maintains an office on campus at Greer. OCA assigns an advocate who serves as
				  the LGC at Greer and provides assistance to residents, their guardians, and
				  persons interested in residents' welfare who want to file a grievance per OAC
				  340:2-3-71(h)(4).
(2) The OCA advocate at Greer
				  sends a copy of a grievance to the resident's guardian or guardian ad litem and
				  to a responsible relative, unless otherwise specified.
(3) When a grievance involves a decision of a
				  resident's team, the first level respondent is the applicable unit coordinator,
				  unless the unit coordinator is involved in the decision being grieved.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 5 - GRIEVANCES › Section 340:2-3-54 - Grievances of residents of private group homes for individuals with developmental disabilities

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application.
This Section describes processes relating to
				  grievances of residents of private group homes subject to Section 1430.01, et
				  seq., of Title 10 of the Oklahoma Statutes. The Oklahoma Department of Human
				  Services (OKDHS) legal authority includes Sections
				  1430.11
				  and
				  1430.20
				  of Title 10 of the Oklahoma Statutes.
(b)
Definitions.
The definitions
				  in OAC
				  340:2-3-2 and
				  340:2-3-45(b)
				  apply to this Section unless the context clearly indicates otherwise.
(c)
Notice of grievance rights.
Upon admission, each individual and, if appropriate, the resident's family or
				  designated representative is given a copy of the group home's grievance
				  procedure and a written notice which identifies the group home's grievance
				  coordinator and explains the resident's right to file grievances. After the
				  resident or the resident's guardian signs the notice form, a copy is made for
				  the resident or the resident's guardian. A copy also is sent to the resident's
				  DDSD case manager if one is assigned. The original is maintained in the
				  resident's permanent record. The grievance procedure is reviewed with the
				  resident or the resident's guardian at least one time a year. If the designated
				  LGC changes, the group home notifies the residents and the residents' guardian
				  or a responsible relative of the name and contact information of the new LGC
				  within ten business days.
(d)
Grievance policies required.
Every private group home to which
				  this Section applies is required to operate a system for resolution of
				  grievances by residents using policies and procedures in compliance with OAC
				  340:2-3-45.
				  If a grievance involves a decision of a resident's team and the resident has a
				  DDSD case manager, the first level respondent is the supervisor of the client's
				  case manager.
(e)
Contested
				  grievances appealed to the state office.
When a grievant asks to appeal
				  an OKDHS grievance, the appeal is processed in accordance with OAC
				  340:2-3-46.
(f)
Monitoring grievance
				  programs.
The Office for Client Advocacy, in cooperation with other
				  monitoring entities to avoid unnecessary duplication, monitors group home
				  grievance programs in accordance with OAC
				  340:2-3-45(d) through
				  (h).
Added at 18 Ok Reg
					 3435, eff 7-1-01 (emergency); Added at 19 Ok Reg 1117, eff 5-13-02; Amended at
					 21 Ok Reg 2330, eff 6-25-04; Amended at 26 Ok Reg 2195, eff
					 7-1-09
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 5 - GRIEVANCES › Section 340:2-3-55 - DHS client grievances not covered by another grievance system

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application.
This Section describes the grievance policy for
				  persons receiving Oklahoma Department of Human Services ( DHS) services not
				  covered by another grievance system or issues not specifically addressed by the
				  DHS fair hearing process. A grievance or complaint is not processed under this
				  Section if DHS has a formal administrative appeal or review process in place
				  that addresses the grievance or complaint.
(b)
Definitions.
The definitions
				  in Oklahoma Administrative Code (OAC )
				  340:2-3-2 and
				  340:2-3-45(b)
				  apply to this Section unless the context clearly indicates otherwise.
(c)
Notice of client bill of
				  rights.
The DHS Client Bill of Rights poster, DHS Pub. No. 92-06, is
				  posted in conspicuous view of the public in all offices and facilities.
				  Applicants and recipients of benefits and services administered by DHS have the
				  right to:
(1) be treated with courtesy and
				  dignity;
(2) receive prompt
				  service;
(3) receive clear
				  explanations of the laws and rules that determine eligibility for benefits and
				  services;
(4) have benefits and
				  services explained in native language, when unable to understand
				  English;
(5) have benefits and
				  services explained by an interpreter for the deaf, when unable to hear
				  well;
(6) have forms read and
				  explained, when unable to read forms because of limited eyesight, or other
				  inability to read;
(7) receive fair
				  and consistent consideration of any application for benefits or
				  services;
(8) have the opportunity
				  for an appeal and a fair hearing in case of denial or reduction of benefits or
				  services;
(9) discuss with a local
				  DHS supervisor any complaint regarding DHS benefits or services or treatment by
				  DHS staff;
(10) contact the DHS
				  Office of Client Advocacy (OCA) at 1-800-522-8014, regarding any complaint that
				  has been discussed with, but not resolved by, the local office supervisory
				  staff; and
(11) receive, upon
				  request, a further explanation of applicant or client rights.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 5 - GRIEVANCES › Section 340:2-3-56 - Foster Care Ombudsman (FCO) services

Current through Vol. 41, No. 20, July 1, 2024
(a)
Legal authority.
(1) Section
				  1-9-112(D)(1) of Title 10A of the Oklahoma Statutes (10A O.S. §
				  1-9-112(D)(1)) requires the Office of Client Advocacy (OCA) investigate any
				  complaint received by the Oklahoma Commission on Children and Youth (OCCY)
				  Office of Juvenile System Oversight (OJSO) alleging that an Oklahoma Human
				  Services (OKDHS) or child-placing agency employee threatened a foster parent
				  with removal of a child from the foster parent, harassed a foster parent,
				  refused to place a child in a licensed or certified foster home, or disrupted a
				  child placement as retaliation or discrimination toward a foster parent who
				  engaged in a protected activity.
(2) 10A O.S. § 1-9-120 requires OCA
				  establish grievance procedures for foster parents with whom OKDHS or
				  child-placing agencies contract.
(3) 10A O.S. § 1-9-120 (C) requires OCA
				  to designate one employee to receive and process foster parent grievances. OCA
				  designated the FCO. OCA conferred the FCO with responsibility for fulfilling
				  the duties set forth in (e) of this Section.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 7 - GRIEVANCE AND ABUSE REVIEW COMMITTEE › Section 340:2-3-61 - Grievance and Abuse Review Committee (GARC)

Current through Vol. 41, No. 20, July 1, 2024
(a)
Legal basis and authority.
The legal basis and authority for the rules in this Part are found in Section
				  1-9-112 of Title 10A of the Oklahoma Statutes (O.S. 10A §
				  1-9-112).
(b)
Definitions.
The definitions in Oklahoma Administrative Code (OAC)
				  340:2-3-2,
				  340:2-3-32,
				  and
				  340:2-3-38
				  apply to this Part unless the context clearly states otherwise.
(c)
Purpose.
This Section
				  establishes an administrative review committee to review:
(1) unresolved contested grievances of
				  Oklahoma Human Services (OKDHS) clients listed in OAC
				  340:2-3-45(a)(2)
				  and processed per OAC
				  340:2-3-46
				  through
				  340:2-3-49 and
				  340:2-3-51
				  through
				  340:2-3-55;
(2) unresolved grievances of foster parents
				  filed per O.S. 10A § 1-9-120 and processed per OAC
				  340:2-3-50;
				  and
(3) an issue affecting the care
				  and treatment of a minor in OKDHS custody placed in a private or public
				  facility not operated by OKDHS, or in a foster home.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 7 - GRIEVANCE AND ABUSE REVIEW COMMITTEE › Section 340:2-3-62 - Grievance and Abuse Review Committee (GARC) review of Office of Client Advocacy (OCA) investigation reports [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 18 Ok Reg 3435, eff 7-1-01 (emergency) ; Added
						at 19 Ok Reg 1117, eff 5-13-02 ; Amended at 21 Ok Reg 2330, eff 6-25-04 ;
						Amended at 22 Ok Reg 1180, eff 5-26-05 ; Amended at 30 Ok Reg 619, eff
						7-1-13
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 7 - GRIEVANCE AND ABUSE REVIEW COMMITTEE › Section 340:2-3-63 - Grievance and Abuse Review Committee (GARC) review of Office of Client Advocacy (OCA) investigation reports regarding foster parent complaints

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application.
At the request of the Oklahoma Department of Human
				  Services (OKDHS) Director, GARC reviews an OCA investigation report involving
				  allegations of discrimination and retaliation investigated by OCA in accordance
				  with OAC
				  340:2-3-38.
(b)
Scope of GARC review.
GARC
				  conducts a
de novo
paper review of the alleged incident(s)
				  investigated by OCA.
(1) Within three
				  business days of receiving a request for GARC review from the OKDHS Director,
				  the advocate general or designee informs the foster parent(s), the applicable
				  state office administrators and the administrator of any affected child placing
				  agency.
(2) GARC does not consider
				  prior unsubstantiated allegations.
(3) The foster parent, the applicable
				  administrator, affected state office administrators, or their designees, may
				  attend the GARC meeting. The level of participation of attendees is within the
				  discretion of the chair of GARC.
(4) If a foster parent or an administrator
				  wants to submit additional evidence not considered during the OCA
				  investigation, it is submitted to the advocate general contemporaneously with
				  the request for GARC review. For good cause shown, additional evidence can be
				  submitted to the advocate general no later than eight business days before the
				  GARC meeting.
(5) When additional
				  information is needed in order for GARC to complete its review, GARC may
				  continue its review of a case until its next meeting. GARC may request
				  additional information from OCA, an administrator, or a state office
				  administrator.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 7 - GRIEVANCE AND ABUSE REVIEW COMMITTEE › Section 340:2-3-64 - Grievance and Abuse Review Committee (GARC) review of unresolved contested grievances

Current through Vol. 41, No. 20, July 1, 2024
(a)
GARC
				  application.
GARC reviews unresolved contested grievances of children in
				  Oklahoma Human Services (OKDHS) custody, Developmental Disabilities Services
				  (DDS) service recipients, and approved or kinship foster parents when the
				  advocate general receives a proper request for a GARC review, per Oklahoma
				  Administrative Code (OAC)
				  340:2-3-46(k).
(b)
GARC worksheet.
When the
				  grievance was filed by, or on behalf of, a DDS service recipient who receives
				  Office of Client Advocacy (OCA) advocacy services, including residents of the
				  Greer Center Facility (Greer), the OCA advocate prepares a GARC worksheet using
				  a format prescribed by OCA that includes:
(1)
				  the grievance number and resident, grievant, guardian, parent(s), case manager,
				  and OCA advocate names;
(2) a
				  grievance process summary, resolutions offered at each level, and the
				  decision-makers' responses;
(3) the
				  applicable statutes, policies, and authorities;
(4) the resolution sought by the
				  grievant;
(5) relevant
				  documentation;
(6) the OCA advocacy
				  position with regard to the subject of the grievance; and
(7) copies of Forms 15GR001E, Grievance Form,
				  and 15GR002E, Local Grievance Coordinator (LGC) Worksheet.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 7 - GRIEVANCE AND ABUSE REVIEW COMMITTEE › Section 340:2-3-65 - Grievance and Abuse Review Committee (GARC) review of care and treatment of clients

Current through Vol. 41, No. 20, July 1, 2024
(a) The advocate
				  general convenes a meeting of GARC at the request of the Oklahoma Department of
				  Human Services (OKDHS) Director, an OKDHS chief, or an OKDHS division director
				  to review and make recommendations with respect to any issue affecting the care
				  and treatment of:
(1) a client in an OKDHS
				  operated facility; or
(2) a minor
				  in OKDHS custody placed in a private facility, a public facility not operated
				  by OKDHS, or in a foster home.