Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 1 - ADMINISTRATION › Section 340:2-3-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms when used in this Subchapter
					 have the following meanings, unless the context clearly indicates
					 otherwise:
"Abuse"
means, with regard to:
(A) children, per Section 1-1-105 of the Oklahoma Statutes
					 (10A O.S. § 1-1-105) harm or threatened harm to the health, safety, or
					 welfare of a child by a person responsible for the child's health, safety, or
					 welfare (PRFC) including, but not limited to:
Non-accidental physical or mental injury,
Sexual abuse, or
Sexual exploitation.
(B) vulnerable adults, per 43A O.S. § 10-103, causing
					 or permitting:
(i) the infliction of physical pain, injury, sexual abuse,
					 sexual exploitation, unreasonable restraint or confinement, mental anguish, or
					 personal degradation; or
(ii) deprivation of nutrition, clothing, shelter, health
					 care, or other care or services without which serious physical or mental injury
					 is likely to occur to a vulnerable adult by a caretaker or other person
					 providing services to a vulnerable adult.
"Administrative information"
means information
					 reported to or obtained by Oklahoma Human Services (OKDHS) regarding the
					 community services provider during the investigative process that may be
					 appropriate for internal administrative action but does not have the potential
					 to impact the immediate health, safety, or welfare of recipients of community
					 services, has not been verified as true and is for informational purposes only,
					 per 56 O.S. § 1025.1.
"Administrator"
or
"administrator's
					 designee"
means, with regard to:
(A) children in (OKDHS) custody living in a private,
					 residential facility: the facility's chief administrative officer;
(B) children in OKDHS custody living in an OKDHS-operated
					 shelter or group home, the shelter or group home director;
(C) children in OKDHS custody living in any other setting,
					 including any type of out-of-home placement: the applicable OKDHS district
					 director;
(D) foster care parents: the applicable OKDHS district
					 director or deputy director;
(E) children in residential care facilities operated by the
					 Oklahoma Department of Rehabilitation Services (ODRS); facilities that contract
					 with, or are licensed by, the Oklahoma Office of Juvenile Affairs (OJA), with
					 the exception of OJA-operated secure facilities, the Oklahoma Department of
					 Mental Health and Substance Abuse Services (ODMHSAS); and the J.D. McCarty
					 Center or OKDHS and other residential care facilities: the superintendent,
					 director, chief administrative officer, or head of the facility regardless of
					 the person's working title;
(F) day treatment programs: the person charged with
					 responsibility for program administration;
(G) adults and children who are in OKDHS Developmental
					 Disabilities Services (DDS) specialized foster care and DDS specialized foster
					 care parents: the applicable DDS area manager;
(H) Robert M. Greer Center (Greer) residents: the facility
					 director;
(I) providers of residential services, vocational services,
					 or in-home paraprofessional supports to individuals with developmental
					 disabilities living in the community: the provider's chief executive officer;
					 and
(J) residents of group homes for persons with developmental
					 disabilities: the group home director.
"Advocate"
means an Office of Client Advocacy
					 (OCA) employee who provides assistance to OCA clients in exercising their
					 rights, listening to their concerns, encouraging them to speak for themselves,
					 seeking to resolve their problems, helping protect their rights, and seeking to
					 improve the quality of their lives and care.
"Age-appropriate"
or
"developmentally-appropriate"
means:
(A) activities or items that are generally accepted as
					 suitable for children of the same age or level of maturity or that are
					 determined to be developmentally-appropriate for a child, based on the
					 development of cognitive, emotional, physical, and behavioral capacities that
					 are typical for an age group; and
(B) in the case of a specific child, activities or items
					 that are suitable for that child based on the developmental stages attained by
					 the child with respect to the cognitive, emotional, physical, and behavioral
					 capacities of the specific child per 10A O.S. § 1-1-105.
"Agency companion"
means a person who provides
					 agency companion services, per OAC
					 317:40-5-3,
					 to:
(A) members 18 years of age or older who are eligible for
					 services through Community or Homeward Bound waivers, or
(B) persons under 18 years of age, with approval from the
					 OKDHS Developmental Disability Services (DDS) director or designee.
"Area manager"
means an administrator of one
					 of the three service delivery areas designated by OKDHS DDS.
"Areas of Concern"
or
"(AOC)"
means:
(A) with regard to children: issues that do not rise to the
					 level of abuse or neglect, but may constitute possible deficiencies,
					 irregularities, or deviations from policies and best practices. AOCs are
					 brought to the provider's attention or informational purposes or for
					 appropriate corrective action, when applicable; and
(B) with regard to individuals served by a community
					 services worker, issues that do not rise to the level of a substantiated
					 finding, but may constitute possible deficiencies, irregularities, or
					 deviations from policies and best practices by the community services provider,
					 which has the potential to impact the health, safety, or welfare of recipients
					 of community-based services, and OKDHS has conducted sufficient inquiry into
					 the issue to meet the probable cause investigative standard, per 56 O.S. §
					 1025.1.
"Behavioral health"
means mental health,
					 substance abuse, or co-occurring mental health and substance abuse diagnoses,
					 and the continuum of mental health, substance use or abuse, or co-occurring
					 mental health and substance abuse treatment, per 10A O.S. §
					 1-1-105.
"Caretaker"
means, per 43A O.S. §10-103,
					 a person who has:
(A) the responsibility for the care of a vulnerable adult
					 or the financial management of the resources of a vulnerable adult as a result
					 of a family relationship;
(B) assumed the responsibility for the care of a vulnerable
					 adult voluntarily, by contract, or as a result of the ties of friendship;
					 or
(C) was appointed a guardian, limited guardian, or
					 conservator pursuant to the Oklahoma Guardianship and Conservatorship
					 Act.
"Caretaker misconduct"
means, per 10A O.S.
					 § 1-9-112, an act or omission by a PRFC that does not rise to the level of
					 abuse, neglect, sexual abuse, or sexual exploitation with regard to any child
					 or resident:
(A) residing outside their own homes other than children in
					 foster care or children in the custody of OJA and placed in an OJA secure
					 facility;
(B) in a day treatment program as defined in 10 O.S. §
					 175.20;
(C) receiving services from a community services worker as
					 that term is defined in 56 O.S. § 1025.1; and
(D) residing in a state institution listed in 10 O.S.
					 § 1406.
"Child"
means any unmarried person younger
					 than 18 years of age.
"Child-placing agency"
means an agency that
					 arranges for, or places a child in, a foster family home, family-style living
					 program, group home, adoptive home, or a successful adulthood program per 10A
					 O.S. § 1-1-105.
"Child with a disability"
means any child who
					 has a physical or mental impairment that substantially limits one or more of
					 the major life activities of the child or who is regarded as having such
					 impairment by a competent medical professional, per 10A O.S. § 1-1-105.
"Client"
means, with regard to OCA:
(A) investigative services: individuals listed in OAC
					 340:2-3-32(a)(2);
(B) grievance services: individuals listed in OAC
					 340:2-3-45(a)(2);
					 and
(C) advocacy program: individuals listed in OAC
					 340:2-3-71(b).
"Community services provider"
means a
					 community-based program, corporation, or individual who contracts with, or is
					 licensed or funded by, OKDHS to provide residential or vocational services to
					 persons who are elderly or persons with intellectual or developmental
					 disabilities, or contracts with the Oklahoma Health Care Authority (OHCA) to
					 provide services to individuals with intellectual disabilities through a Home
					 and Community-Based Waiver, except a private Intermediate Care Facility for
					 Individuals with Intellectual Disabilities, per 56 O.S. § 1025.1.
"Community services worker"
or
"(CSW)"
means any person employed by or under contract with a
					 community services provider who provides, for compensation or as a volunteer,
					 health-related services, training, or supportive assistance to persons who are
					 elderly or persons with developmental disabilities and who is not a licensed
					 health professional or any person who contracts with the OHCA to provide
					 specialized foster care, habilitation training specialist services, or
					 homemaker services to persons with developmental disabilities, per 56 O.S.
					 § 1025.1.
"Community Services Worker Registry"
or
"(CSW Registry)"
means the Registry established by OKDHS per 56
					 O.S. § 1025.3.
"Complaint"
means a report communicating a
					 grievance, concern, or perceived harm, submitted by phone, email, or in writing
					 by a foster parent or a child being served by Child Welfare Services (CWS) to
					 the Oklahoma Commission of Children and Youth (OCCY) Office of Juvenile System
					 Oversight (OJSO). If not submitted in writing, the complaint is entered into
					 the written format established by OCA and OJSO.
"Custodian"
means, per 10A O.S. §
					 1-1-105, an individual other than a parent, legal guardian, or Indian
					 custodian, to whom legal custody of the child has been awarded by the court.
					 The term "custodian" shall not mean OKDHS.
"Day treatment program"
means non-residential,
					 partial hospitalization programs, day treatment programs, and day hospital
					 programs in which children and adolescents are placed for psychiatric or
					 psychological treatment, per 10 O.S. §175.20.
"Disposition"
means, with regard to OCA intake
					 processes, the OCA intake unit action taken in response to a referral received,
					 per OAC
					 340:2-3-35.
"Educational employee"
means a school district
					 employee, who provides contractual educational services on-site at a facility,
					 who is either a witness or the alleged perpetrator in an OCA
					 investigation.
"Exploitation"
or
"exploit"
with
					 regard to vulnerable adults means an unjust or improper use of the resources of
					 a vulnerable adult for the profit or advantage, pecuniary or otherwise, of a
					 person other than the vulnerable adult through the use of undue influence,
					 coercion, harassment, duress, deception, false representation, or false
					 pretense, per 43A O.S. § 10-103.
"Failure to protect"
means, per 10A O.S.
					 § 1-1-105, failure to take reasonable action to remedy or prevent child
					 abuse or neglect, and includes the conduct of a non-abusing parent or guardian
					 who knows the identity of the abuser or the person neglecting the child, but
					 lies, conceals, or fails to report the child abuse or neglect or otherwise take
					 reasonable action to end the abuse or neglect.
"Financial neglect"
means, with regard to
					 vulnerable adults, per 43A O.S. § 10-103, repeated instances by a
					 caretaker or other person, who has assumed the role of financial management, of
					 failure to use the resources available to restore or maintain the health and
					 physical well-being of a vulnerable adult, including, but not limited
					 to:
(A) squandering or negligently mismanaging the money,
					 property, or accounts of a vulnerable adult;
(B) refusing to pay for necessities or utilities in a
					 timely manner; or
(C) providing substandard care to a vulnerable adult
					 despite the availability of adequate financial resources.
"Force"
means, as used by an alleged
					 perpetrator with regard to a child residing outside of his or her home, other
					 than in foster care:
(A) "authorized use of physical force" means using physical
					 contact to control or contain a child when the alleged perpetrator reasonably
					 considers the child to:
(i) pose a risk of inflicting harm to himself or herself or
					 others; or
(ii) be in the process of leaving a facility without
					 authorization; and
(iii) when physical force is authorized, the least force
					 necessary under the circumstances is employed;
(B) "excessive use of force" means the failure to employ
					 the least amount of physical force necessary under the circumstances, taking
					 into consideration all of the circumstances surrounding the incident, including
					 the:
(i) grounds for belief that force was necessary;
(ii) ages, genders, and strengths of the parties
					 involved;
(iii) nature of the force employed;
(iv) alternative means of force or control
					 available;
(v) extent of the inflicted harm; and
(vi) provider's established method(s) of restraint and
					 intervention for the child against whom the force was used, consistent with the
					 child's individualized plan, protective intervention plan, or treatment plan;
					 and
(C) "unauthorized use of force" means force that is not
					 authorized per this paragraph. Unauthorized use of force includes unacceptable
					 physical contact with a child including, but not limited to:
(i) slapping;
(ii) kicking;
(iii) punching;
(iv) poking;
(v) pulling hair or an ear;
(vi) pinching;
(vii) using a chokehold;
(viii) smothering;
(ix) spitting;
(x) head butting; and
(xi) tugging.
"Foster care"
or
"foster care
					 services"
means continuous 24-hour care and supportive services provided
					 for a child in a foster placement including, but not limited to, the care,
					 supervision, guidance, and rearing of a foster child by the foster parent, per
					 10A O.S. § 1-1-105.
"Foster parent"
means any person maintaining a
					 therapeutic, emergency, specialized community, tribal, kinship, or foster
					 family home, responsible for providing care, supervision, guidance, rearing,
					 and other foster care services to a child.
"GARC"
means the Grievance and Abuse Review
					 Committee, per OAC
					 340:2-3-61.
"Group home for persons with developmental or
					 physical disabilities"
means any establishment for not more than 12
					 residents who are 18 years of age or older and who have developmental or
					 physical disabilities, and which offers or provides supervision, residential
					 accommodations, food service, and training and skill development opportunities
					 designed to lead to increased independence of the residents and which offers or
					 provides supportive assistance to residents requiring supportive assistance,
					 per 10 O.S. § 1430.2.
"Guardian"
or
"guardian of an
					 incapacitated person"
means, per 30 O.S. § 1-111 a person who has
					 been appointed by a court to serve as the guardian of an incapacitated person
					 to assure that the essential requirements for the health and safety of the
					 person are met, to manage the estate or financial resources of the person, or
					 both. The term includes persons appointed as general or limited guardians of
					 the person, general or limited guardians of property, and special guardian, but
					 does not include a person appointed as guardian ad litem, per 30 O.S. §
					 1-106.
"Harm or threatened harm to the health or safety, of
					 a child"
means any real or threatened physical, mental, or emotional
					 injury or damage to the body or mind that is not accidental including, but not
					 limited to, sexual abuse, sexual exploitation, neglect, or dependency, per 10A
					 O.S. § 1-1-105.
"Heinous and shocking abuse"
means abuse that
					 includes, but is not limited to, aggravated physical abuse that results in
					 serious bodily, mental, or emotional injury. Serious bodily injury means injury
					 that involves:
(A) substantial risk of death;
(B) extreme physical pain;
(C) protracted disfigurement;
(D) loss or impairment of a function of a body member,
					 organ, or mental faculty;
(E) an injury to an internal or external organ or the
					 body;
(F) bone fracture;
(G) sexual abuse or sexual exploitation;
(H) chronic abuse including, but not limited to, physical,
					 emotional, or sexual abuse, or sexual exploitation that is repeated or
					 continuing;
(I) torture including, but not limited to, inflicting,
					 participating in or assisting in inflicting intense physical or emotional pain
					 upon a child repeatedly over a period of time for the purpose of coercing or
					 terrorizing a child or for the purpose of satisfying the craven, cruel, or
					 prurient desires of the perpetrator or another person; or
(J) any other similar aggravated circumstance.
"Hissom class member"
means an individual
					 certified by the United States District Court for the Northern District of
					 Oklahoma as a member of the plaintiff class in Homeward Bound, Inc., et al. vs.
					 Hissom Memorial Center, et al., Case No. 85-CV-437-GKF.
"Hotline"
means the statewide Centralized
					 Abuse and Neglect Hotline, toll-free phone number, maintained by OKDHS for the
					 purpose of receiving reports of abuse, neglect, or exploitation of children and
					 vulnerable adults. The Hotline operates 24 hours a day, seven days a week, 365
					 days a year.
"Incapacitated person"
means, per 43 O.S.
					 § 10-103:
(A) any person 18 years of age or older
(i) who is impaired by reason of mental or physical illness
					 or disability, dementia, or related disease, intellectual disability,
					 developmental disability, or other cause, and
(ii) whose ability to receive and evaluate information
					 effectively or to make and communicate responsible decisions is impaired to
					 such an extent that such person lacks the capacity to manage his or her
					 financial resources or meet essential requirements for his or her mental or
					 physical health or safety without assistance from others; or
(B) a person for whom a guardian, limited guardian, or
					 conservator has been appointed pursuant to the Oklahoma Guardianship and
					 Conservatorship Act.
"Indecent exposure"
means, per 43A O.S. §
					 10-103, forcing or requiring a vulnerable adult to:
(A) look upon the body or private parts of another person
					 or upon sexual acts performed in the presence of the vulnerable adult;
					 or
(B) touch or feel the body or private parts of
					 another.
"In-home supports"
or
"(IHS)"
means services funded through Medicaid Home and Community-Based Waivers, per
					 Section 1915(c) of the Social Security Act and administered by OKDHS DDS.
					 Services are provided in the service recipient's home, that are not residential
					 services, per OAC
					 340:100-5-22.1,
					 or group home services per 10 O.S. § 1430.2.
"Injury"
means any hurt, harm, appreciable
					 physical pain, or mental anguish.
"Intermediate Care Facility for Individuals with
					 Intellectual Disabilities"
or
"(IFC/IID)"
or a
"specialized facility for individuals with intellectual
					 disabilities"
means a private or public residential facility, licensed
					 per state law and certified by the federal government as a Medicaid services
					 provider, for individuals with intellectual disabilities as defined in Title
					 XIX rules and regulations of the Social Security Act.
"Investigation"
means, regarding a:
(A) child, per 10A O.S. § 1-1-105 a response to an
					 allegation of abuse or neglect that involves a serious and immediate threat to
					 the safety of a child, making it necessary to determine:
(i) the current safety of the child and the risk of
					 subsequent abuse or neglect; and
(ii) whether child abuse or neglect occurred and whether
					 the family needs prevention- and intervention-related services;
(B) vulnerable adult, a response to a maltreatment
					 allegation, making it necessary to determine if maltreatment of the vulnerable
					 adult occurred.
"Investigation results"
means, per 10A O.S.
					 § 1-1-105, a written response stating one of the following
					 findings:
(A) regarding a child:
(i) "substantiated" means OCA determined, after an
					 investigation of a report of child abuse or neglect and based upon some
					 credible evidence, that child abuse or neglect occurred;
(ii) "unsubstantiated" means OCA determined, after an
					 investigation of a report of child abuse or neglect, that insufficient evidence
					 exists to fully determine whether child abuse or neglect occurred; or
(iii) "ruled out" means OCA determined, after an
					 investigation of a report of child abuse or neglect that no child abuse or
					 neglect occurred; or
(B) regarding a vulnerable adult:
(i) "substantiated" means that in OKDHS judgment, there
					 appears to be probable cause to suspect the existence of abuse, neglect, or
					 exploitation;
(ii) "not substantiated" means that OKDHS has found
					 insufficient evidence of abuse, neglect, or exploitation
"Maltreatment"
means, per 56 O.S.
					 §1025.1, abuse, verbal abuse, sexual abuse, neglect, financial neglect,
					 exploitation, or sexual exploitation of vulnerable adults, as those terms are
					 defined in 43A O.S. § 10-103; or abuse, neglect, sexual abuse or sexual
					 exploitation of children, per 10A O.S. § 1-1-105.
"Medicaid personal care assistant"
means, per
					 56 O.S. § 1025.1, a person who provides Medicaid services funded under
					 Oklahoma's personal care program and is not a certified nurse aide or a
					 licensed professional.
"Medicaid personal care services provider"
means, per 56 O.S. § 1025.1, a program, corporation, or individual who
					 provides services under the state Medicaid program personal care program or
					 ADvantage Waiver to individuals who are elderly, or who have a physical
					 disability.
"Mental anguish"
means, in regard to a
					 vulnerable adult, mental damage evidenced by distress, depression, withdrawal,
					 severe anxiety, or unusually aggressive behavior toward one's self or
					 others.
"Mental health facility"
means a public or
					 private hospital or related institution, as defined by 63 O.S. § 1-701,
					 offering or providing inpatient mental health services, a public or private
					 facility accredited as an inpatient or residential psychiatric facility by the
					 Joint Commission on Accreditation of Healthcare Organizations, or a facility
					 operated by the Department of Mental Health and Substance Abuse Services
					 (DMHSAS) and designated by the Commissioner of DMHSAS as appropriate for the
					 inpatient evaluation or treatment of minors, per 43A O.S. § 5-502.
"Near death"
means a child is in serious or
					 critical condition as certified by a physician, as a result of abuse or
					 neglect, per 10A O.S. § 1-1-105.
"Neglect"
means in regard to:
(A) children, per 10A O.S. § 1-1-105:
(i) the failure or omission to provide any of the
					 following:
(I) adequate nurturance and affection, food, clothing,
					 shelter, sanitation, hygiene, or appropriate education;
(II) medical, dental, or behavioral health care;
(III) supervision or appropriate caretakers to protect the
					 child from harm or threatened harm of which any reasonable and prudent person
					 responsible for the child's health, safety or welfare would be aware; or
(IV) special care made necessary by the physical or mental
					 condition of the child;
(ii) the failure or omission to protect a child from
					 exposure to any of the following:
(I) the use, possession, sale, or manufacture of illegal
					 drugs;
(II) illegal activities;
(III) sexual acts or materials that are not
					 age-appropriate; or
(iii) abandonment; or
(B) vulnerable adults, per 43A O.S. § 10-103:
(i) the failure to provide protection for a vulnerable
					 adult who is unable to protect his or her own interest;
(ii) the failure to provide a vulnerable adult with
					 adequate shelter, nutrition, health care, or clothing; or
(iii) negligent acts or omissions that result in harm or
					 the unreasonable risk of harm to a vulnerable adult through the action,
					 inaction, or lack of supervision by a caretaker providing direct
					 services.
"OCA intake"
means the OCA maintained
					 centralized intake system that receives authorized referrals.
"Ombudsman"
or
"ombuds"
means an
					 advocate.
"Person responsible for the child's (PRFC) health,
					 safety, or welfare"
means, per 10A O.S. § 1-1-105, a parent; legal
					 guardian; custodian; foster parent; person 18 years of age or older with whom
					 the child's parent cohabitates or any other adult residing in the home of the
					 child; an agent or employee of: a public or private residential home,
					 institution, facility or day treatment program, as defined in 10 O.S. §
					 175.20; or an owner, operator, or employee of a child care facility, as defined
					 by 10 O.S. § 402.
"Personal degradation"
means, per 43A O.S.
					 § 10-103, a willful act by a caretaker intended to shame, degrade,
					 humiliate, or otherwise harm the personal dignity of a vulnerable adult, or
					 where the caretaker knew or reasonably should have known the act would cause
					 shame, degradation, humiliation, or harm to the personal dignity of a
					 reasonable person. Personal degradation includes the taking, transmitting, or
					 display of an electronic image of a vulnerable adult by a caretaker, where the
					 caretaker's actions constitute a willful act intended to shame, degrade,
					 humiliate, or otherwise harm the personal dignity of the dependent adult, or
					 where the caretaker knew or reasonably should have known the act would cause
					 shame, degradation, humiliation, or harm to the personal dignity of a
					 reasonable person. Personal degradation does not include:
(A) the taking, transmission, or display of an electronic
					 image or a vulnerable adult for the purpose of reporting vulnerable adult abuse
					 to law enforcement, OKDHS, or other regulatory agency that oversees caretakers
					 or enforces abuse or neglect laws or rules,
(B) the taking, transmission, or display of an electronic
					 image of a vulnerable adult for the purpose of treatment or diagnosis,
					 or
(C) the taking, transmission, or display of an electronic
					 image of a vulnerable adult as part of an ongoing investigation.
"Personal support team"
or
"(team),"
formerly known as the "interdisciplinary team," means
					 the decision-making body for service planning, implementation, and monitoring
					 of the individual plan, per OAC
					 340:100-5-52.
"Physical abuse"
means, in regard to children,
					 an injury resulting from punching, beating, kicking, biting, burning, or
					 otherwise harming a child. Even when the injury is not an accident, the alleged
					 perpetrator may not have intended to hurt the child.
(A) The injury may result from:
(i) extreme physical punishment inappropriate to the
					 child's age or condition;
(ii) a single episode or repeated episodes that range in
					 severity from significant bruising to death; or
(iii) any action that involves hitting with a closed fist,
					 kicking, inflicting burns, shaking, or throwing the child, even when no injury
					 is sustained, but the action places the child at risk of grave physical
					 danger.
(B) A minor injury on a child older than 10 years of age is
					 not considered physical abuse unless the actions that caused the injury placed
					 the child in grave physical danger.
"Plan for Immediate Safety"
means the plan for
					 actions taken to immediately control any significant and clearly observable
					 condition that is present and is endangering or threatening to endanger a child
					 or vulnerable adult.
"Probable cause"
means, in regards to
					 vulnerable adults, information or evidence that would lead a reasonable person
					 to believe that abuse, neglect, or exploitation has been committed.
"Problem resolution"
means verbal or written
					 communications that seek to resolve concerns, complaints, service inadequacies,
					 or issues the client or the client's team members identify, including the
					 client's guardian, OCA advocate, volunteer advocate, or other persons
					 interested in the client's welfare.
"Protective custody"
means custody of a child
					 taken by law enforcement or designated court employee, without a court order.
"Reasonable and prudent parent standard"
means, per 10A O.S. § 1-1-105, the standard characterized by careful and
					 sensible parental decisions that maintain the health, safety, and best
					 interests of a child while at the same time encouraging the emotional and
					 developmental growth of the child. This standard is used by the child's
					 caregiver when determining whether to allow a child to participate in
					 extracurricular, enrichment, cultural, and social activities. For purposes of
					 this definition, the term "caregiver" means a foster parent with whom a child
					 in foster care has been placed, a representative of a group home where a child
					 in foster care has been placed, or a designated official for a residential
					 child care facility where a child in foster care has been placed.
"Referring party"
means the individual who
					 informs OCA, calls the Hotline, or reports in writing that an incident
					 occurred.
"Reportable incident"
means an incident that
					 must be reported because the person reporting knows, or has reasonable cause to
					 believe or suspect, that a child or vulnerable adult may have been subjected to
					 abuse or neglect.
"Reporting party"
means the individual who
					 initially tells someone verbally or in writing that an incident occurred.
"Residential child care facility"
means, per
					 10A O.S. § 1-1-105, a 24-hour residential facility where children live
					 together with or are supervised by adults who are not their parents or
					 relatives.
"Restricted registry"
or
"Joshua's
					 List"
means the registry created per 10 O.S. § 405.3, for the
					 purpose of recording individuals who have:
(A) a substantiated finding of abuse or neglect, as defined
					 in Section 1-1-105 of Title 10A of the Oklahoma Statutes, by an individual when
					 the abuse or neglect occurred to a child while in the care of a facility
					 licensed, certified, operated, or contracted by or with OKDHS or OJA. The
					 provisions of this subparagraph shall apply to:
(i) the Central Oklahoma Juvenile Center, the Oklahoma
					 Juvenile Center for Girls, and the Southwest Oklahoma Juvenile Center upon the
					 effective date of this act; and
(ii) facilities licensed by, certified by, or contracting
					 with the Office of Juvenile Affairs after November 1, 2018.
(B) revocation or denial of a child care facility license;
					 and
(C) a specified criminal history of an individual, as
					 defined by OAC
					 340:110-1-10.1.
"Safety threat"
means the threat of serious
					 harm due to child abuse or neglect occurring in the present or in the very near
					 future that without another person's intervention, a child would likely or in
					 all probability sustain severe or permanent disability or injury, illness, or
					 death.
"Secure facility"
means, per 10A O.S. §
					 1-1-105, a facility which is designed and operated to ensure all entrances and
					 exits from the facility are subject to the exclusive control of the staff of
					 the facility, whether or not the juvenile being detained has freedom of
					 movement within the perimeter of the facility, or a facility that relies on
					 locked rooms and buildings, fences, or physical restraint in order to control
					 behavior of its residents. This definition excludes OJA-operated secure
					 facilities.
"Self-neglect"
means, per 43A O.S. §
					 10-103, the action or inaction of a vulnerable adult which causes that person
					 to fail to meet the essential requirements for physical or mental health and
					 safety due to the vulnerable adult's lack of awareness, incompetence, or
					 incapacity.
"Sexual abuse"
means, with regard to:
(A) children, per 10A O.S. § 1-1-105, conduct, that
					 includes, but is not limited to, rape, incest, and lewd or indecent acts or
					 proposals made to a child as defined by law, by a PRFC; or
(B) vulnerable adults, per 43A O.S. § 10-103:
(i) oral, anal, or vaginal penetration of a vulnerable
					 adult by or through the union with the sexual organ of a caretaker or other
					 person providing services to the vulnerable adult, or the anal or vaginal
					 penetration of a vulnerable adult by a caretaker or other person providing
					 services to the vulnerable adult with any other object;
(ii) for the purpose of sexual gratification, the touching,
					 feeling or observation of the body or private parts of a vulnerable adult by a
					 caretaker or other person providing services to the vulnerable adult; or
(iii) indecent exposure by a caretaker or other person
					 providing services to the vulnerable adult.
"Sexual exploitation"
means, with regard to:
(A) children, per 10A O.S. § 1-1-105, conduct that
					 includes, but is not limited to, allowing, permitting, encouraging, or forcing
					 a child to engage in prostitution, as defined by law, by any person 18 years of
					 age or older or by a PRFC, or allowing, permitting, encouraging, or engaging in
					 the lewd, obscene, or pornographic, as defined by law, photographing, filming,
					 or depicting of a child in those acts by a PRFC; or
(B) vulnerable adults, per 43A O.S. § 10-103, conduct
					 that includes, but is not limited to, a caretaker's causing, allowing,
					 permitting, or encouraging a vulnerable adult to engage in prostitution or in
					 the lewd, obscene, or pornographic photographing, filming, or depiction of the
					 vulnerable adult, as those acts are defined by state law.
"Specialized foster care"
means, per OAC
					 317:40-5-50,
					 foster care that:
(A) provides up to 24 hours per day of in-home residential
					 habilitation services funded through the Community Waiver or the Homeward Bound
					 Waiver. Specialized foster care serves individual ages 3 and older, up to 24
					 hours per day of supervision, supportive assistance, and training in daily
					 living skills.
(B) is provided in a setting that best meets the
					 specialized needs of the service recipient.
"State Office administrator"
means, with
					 regard to grievances filed by a:
(A) foster parent, a child being served by CWS, or an
					 individual filing on behalf of a child being served by CWS: the OKDHS CWS
					 director, or his or her designee;
(B) DDS client or an individual filing on behalf of a DDS
					 client: the DDS director, or his or her designee.
"Suspicious injury"
means, regarding a
					 vulnerable adult, an injury that includes, but is not limited to, an injury
					 that:
(A) appears inconsistent with the offered explanation(s)
					 for the injury;
(B) is unusual;
(C) cannot be explained as the result of an accident,
					 self-injurious behavior, or normal activities of daily living;
(D) is a minor injury located on or near a private body
					 part or on a part of the body that makes it unlikely to have been the result of
					 self-injury or an accident during daily living activities; or
(E) involves multiple abrasions, bruises, and minor
					 injuries on the body of a person, identified around the same time or over a
					 period of several weeks, but have no clear, known explanation.
"Verbal abuse"
means the use of words, sounds,
					 or other communication including, but not limited to, gestures, actions, or
					 behaviors by a caretaker or other person providing services to a vulnerable
					 adult that are likely to cause a reasonable person to experience humiliation,
					 intimidation, fear, shame, or degradation, per 43A O.S. § 10-103.
"Vulnerable adult"
means, per 43A O.S. §
					 10-103, an individual who is an incapacitated person or who because of physical
					 or mental disability, including persons with Alzheimer's disease or other
					 dementias, incapacity, or other disability, is substantially impaired in the
					 ability to provide adequately for the care or custody of himself or herself, or
					 is unable to manage his or her property and financial affairs effectively or to
					 meet essential requirements for mental or physical health or safety or to
					 protect himself or herself from abuse, verbal abuse, neglect, or exploitation
					 without assistance from others.
"Ward"
means a person over whom a guardianship
					 has been given by the court.
Amended at 11 Ok Reg 4461, eff 8-1-94 (emergency) ;
						Amended at 12 Ok Reg 1387, eff 5-26-95 ; Amended at 15 Ok Reg 3541, eff 6-4-98
						(emergency) ; Amended at 16 Ok Reg 1008, eff 4-26-99 ; 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 22 Ok Reg 1180, eff 5-26-05 ; Amended at 23 Ok Reg 1776, eff 6-11-06
						; Amended at 24 Ok Reg 978, eff 7-1-07 ; Amended at 25 Ok Reg 1935, eff 7-1-08
						; Amended at 26 Ok Reg 2195, eff 7-1-09 ; Amended at 29 Ok Reg 726, eff 7-1-12
						; Amended at 30 Ok Reg 1333, eff
						7-1-13