Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 5 - Fair Hearings › Part 9 - ADOPTION AND FOSTER CARE › Section 340:2-5-92 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Part,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
"Access to the case file"
means that the
					 resource family and their authorized representative have the right to review
					 any information to be used by the Department of Human Services (DHS) in the
					 hearing.
(A) The review may be made at a reasonable time before the
					 date of the hearing.
(B) Access to the case file means access to the resource
					 family file but does not include the Division of Children and Family Services
					 (DCFS) records and any report to the district attorney unless ordered released
					 by the administrative hearing officer (AHO). The order is based upon a request
					 by the resource family and, after an in camera review by the AHO, a
					 determination that a compelling reason exists and that disclosure is necessary
					 for the protection of a public or private interest. Any child's name and the
					 reporter's name is removed prior to submitting the information to the
					 AHO.
(C) When a request for file access is made, the local
					 office makes arrangements for the resource family, authorized representative,
					 or both to review the resource file with as much privacy as possible. A
					 supervisory staff member observes the review of the resource file to ensure
					 that contents of the resource file are not removed from the record.
(D) The resource family and their authorized representative
					 are free to make written notes from the record or obtain copies of available
					 documents. A resource family or their authorized representative are not charged
					 for copies of documents made for the purpose of the hearing preparation or
					 presentation.
"Administrative hearing officer" (AHO)
means:
(A) the professional staff member of the Appeals Unit who
					 has been designated by the Appeals Unit supervisor to conduct an administrative
					 hearing and issue a decision; or
(B) a lawyer who has a contract with DHS to preside over
					 administrative hearings and issue a decision.
"Appeals Committee"
means the committee which
					 makes the hearing decision, consisting of the AHO who presided over a hearing,
					 the division director of the affected program or designee, and the Appeals Unit
					 supervisor. The Director of DHS has the authority to alter the members as he or
					 she deems appropriate.
"Appeals Unit"
means the unit established
					 within the Legal Division which is responsible for conducting administrative
					 hearings.
"Authorized representative"
means a person
					 authorized by the resource family to represent them in the hearing
					 process.
(A) Any party may be represented by a lawyer, or legal
					 intern, licensed to practice by the Supreme Court of Oklahoma.
(B) A party may be represented by a non-lawyer.
(C) If the representative is not a lawyer, DHS verifies the
					 authority of the person to represent the resource family through verbal or
					 written authorization of the resource family.
"DHS"
means the Oklahoma Department of Human
					 Services.
"Hearing"
means the process by which the AHO
					 obtains evidence and makes a decision regarding the protested action, or
					 failure to act, by DHS.
"Hearing summary"
is a document stating the
					 reasons for DHS' action or inaction. It provides the resource family with
					 information needed to prepare for the hearing.
"Local office"
means any office in any
					 division or unit of DHS which is responsible for the act, or failure to act,
					 which is the subject of the hearing.
"Local staff member"
means the particular
					 staff member who was responsible for the protested action, or failure to act,
					 and who represents DHS in activities during the time period extending from the
					 resource family's request for a hearing through any needed action following the
					 decision on the hearing.
"OAC"
means the Oklahoma Administrative Code,
					 which contains the regulations promulgated by each state agency.
"Official record"
means records consisting
					 of:
(A) all evidence offered for introduction at the
					 hearing;
(B) an electronic recording of the hearing; and
(C) the hearing decision.
"Resource family"
means an adoptive or foster
					 home, including kinship.
"
Substantial evidence"
means evidence which
					 shows that there is a substantial basis of facts to support the decision being
					 appealed. Substantial evidence need not rise to the level of a preponderance of
					 the evidence, but must be more than a scintilla of evidence.
Added at 19 Ok Reg
					 2199, eff 6-27-02