reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 39 - Innovation Services › Part 3 - OKLAHOMA DEMENT OF HUMAN SERVICES INSTITUTIONAL REVIEW BOARD (DHSIRB) › Section 340:2-39-12 - Review and approval process

Current through Vol. 41, No. 20, July 1, 2024
(a)
Preliminary review and assessment.
(1) Upon receipt of a completed application
				  for a proposed research project, a preliminary assessment of the application is
				  performed by the Oklahoma Department of Human Services Institution Review Board
				  (DHSIRB).
(2) The preliminary
				  assessment is completed by the chair or the Chair's designee. The assessment
				  determines if the applicant is seeking a full review, an expedited review, or
				  an exemption from review and ensures the provided documentation complies with
				  the pertinent application, per Oklahoma Administrative Code (OAC)
				  340:2-39-11.
(3) When the application is
				  incomplete in any way, the Chair or the Chair's designee notifies the applicant
				  and explains any deficiencies. The applicant is invited to re-submit the
				  application with deficiencies corrected.
(4) When the application is determined to be
				  complete, the Chair or the Chair's designee assigns a unique identifier number
				  to the proposed research project. This number is used in all future
				  correspondence with the applicant and/or investigator.
(5) When the chair determines the application
				  satisfactorily seeks an expedited review or exemption review, the application
				  and its materials are presented to the Vice-Chair and the DHSIRB Office of
				  Client Advocacy member for review.
(6) When the chair determines the application
				  requires a full review, the application and its materials are presented to all
				  DHSIRB members for review and consideration at the next DHSIRB meeting.
(7) When it is determined that
				  additional information and/or clarification is needed for an application's
				  review, the Chair or the Chair's designee notifies the applicant. The applicant
				  has 90-calendar days to respond.
(A) When the
				  applicant does not respond in a satisfactory manner to the request for
				  additional information and/or clarification within 90-calendar days, the DHSIRB
				  notifies the applicant that the application was administratively closed.
(B) An application that is
				  administratively closed may not be re-opened; however, a new application may be
				  submitted.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 39 - Innovation Services › Part 3 - OKLAHOMA DEMENT OF HUMAN SERVICES INSTITUTIONAL REVIEW BOARD (DHSIRB) › Section 340:2-39-12.1 - Research project changes after Oklahoma Department of Human Services Institution Review Board (DHSIRB) approval

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  After initial approval of a research project by the DHSIRB, the investigator
				  conducts the research activity in accordance within the terms of the DHSIRB
				  approval.
(b) The investigator may
				  not make changes in an approved research activity until the proposed changes
				  are submitted to the DHSIRB for review and approval, except when necessary to
				  eliminate apparent immediate hazards to the subject.
(c) When the investigator encounters any
				  unanticipated problems involving risks to subjects or others or any serious or
				  continuing noncompliance with this Part or with DHSIRB requirements or
				  determinations, those problems and difficulties must be immediately reported to
				  the human protections administrator.
(d) An investigator may ask the DHSIRB to
				  review and approve a proposed change by submitting a completed DHS Form
				  20AD085E, Oklahoma Department of Human Services Institutional Review Board
				  (DHSIRB) Application and Instructions, per OAC
				  340:2-39-11(b).
(1) Form 20AD085E and all required
				  attachments must be received by the DHSIRB. When Form 20AD085E and all required
				  attachments are received 14 or more calendar days prior to the next meeting,
				  the application is reviewed at the next regularly scheduled DHSIRB meeting.
				  When Form 20AD085E and attachments are received 13 or fewer calendar days prior
				  to the next meeting, the application is reviewed at the following regularly
				  scheduled DHSIRB meeting.
(2) The
				  investigator may request an expedited review for minor changes in a research
				  activity.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 39 - Innovation Services › Part 3 - OKLAHOMA DEMENT OF HUMAN SERVICES INSTITUTIONAL REVIEW BOARD (DHSIRB) › Section 340:2-39-12.2 - Continuing review requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  Except as provided for in (b) of this Section, the DHSIRB conducts continuing
				  review of any research study it approved at intervals appropriate to the degree
				  of risk, but not less than once per year. Principal Investigators are
				  responsible for submitting a continuing review application at annual intervals
				  unless directed by the DHSIRB to submit more frequently.
(b) Unless the DHSIRB determines otherwise,
				  continuing review of research is not required in the circumstances in (1)
				  through (3). The:
(1) research was eligible
				  for expedited review, per Oklahoma Administrative Code (OAC)
				  340:2-39-12(c);
(2) proposed research was reviewed
				  by the DHSIRB using one of the limited review procedures, per OAC
				  340:2-39-12(g);
				  or
(3) research progressed to the
				  point that it involves only:
(A) data
				  analysis, including analysis of identifiable private information or
				  identifiable biospecimens; or
(B)
				  accessing follow-up clinical data from procedures that subjects would undergo
				  as part of clinical care.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 39 - Innovation Services › Part 3 - OKLAHOMA DEMENT OF HUMAN SERVICES INSTITUTIONAL REVIEW BOARD (DHSIRB) › Section 340:2-39-13 - Appeal process

Current through Vol. 41, No. 20, July 1, 2024
(a) Oklahoma
				  Department of Human Services officials may not approve research disapproved by
				  the Oklahoma Department of Human Services Institutional Review Board (DHSIRB),
				  per Section 46.112 of Title 45 of the Code of Federal Regulations.
(b) There is no mechanism for an appeal of
				  DHSIRB decisions to other departmental components. DHSIRB is an autonomous
				  entity and its decisions are binding.
(c) Principal investigators may request
				  reconsideration of a DHSIRB decision regarding a research protocol. The request
				  must be submitted in writing and must include any pertinent information
				  relevant to the decision. The reconsideration is accomplished in the manner
				  described for preliminary review and assessment, per Oklahoma Administrative
				  Code
				  340:2-39-12(a).
				  Upon reexamination and reconsideration of its actions, the subsequent DHSIRB
				  decision is final.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 46 - Office of Background Investigations › Part 1 - GENERAL PROVISIONS › Section 340:2-46-1 - Purpose and legal basis

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the Oklahoma Human Services (OKDHS) Office
					 of Background Investigations (OBI) is to conduct background checks and searches
					 related to programs and services administered by OKDHS. The OKDHS OBI performs
					 background checks for Child Care Services, per:
(1) Section 901 et seq. of Chapter IX of
				  Title 28 of the Code of Federal Regulations; and
(2) the National Child Protection Act of
				  1993, Public Law (P.L.) 103-209, as amended by the Volunteers for Children Act,
				  P.L.
				  105-251.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 46 - Office of Background Investigations › Part 2 - CHILD CARE SERVICES › Section 340:2-46-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms when used in this Part shall
					 have the following meaning unless the context clearly indicates
					 otherwise:
"Background check"
means a review of state
					 and/or national criminal history records that may include fingerprint
					 submissions, public docket searches, public registry searches, national sex
					 offender registry searches, and child abuse and neglect searches.
"General administrative office"
or
"GAO"
means an entity that receives background check results, including
					 fingerprint results, and makes hiring decisions on behalf of one or more child
					 care programs.
"Qualified entity"
or
"QE"
means
					 an entity that meets the criteria and complies with federal and state laws and
					 policies. QE standards govern the security and confidentiality of national
					 fingerprint results.
"Temporary hiring agency"
or
"THA"
means an entity that employs temporary staff who may be utilized as
					 substitutes in a child care program.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 46 - Office of Background Investigations › Part 2 - CHILD CARE SERVICES › Section 340:2-46-4 - Confidentiality and dissemination of national criminal history records checks

Current through Vol. 41, No. 20, July 1, 2024
(a) National
				  criminal history records check reports:
(1)
				  are confidential, per Section 50.12 of Title 28 of the Code of Federal
				  Regulations; and
(2) may not be
				  disseminated outside of the Oklahoma Department of Human Services or authorized
				  entities.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 46 - Office of Background Investigations › Part 2 - CHILD CARE SERVICES › Section 340:2-46-5 - Background investigations process for child care programs

Current through Vol. 41, No. 20, July 1, 2024
(a) Fingerprint
				  process
(1)
Background check review
				  packet.
The Oklahoma Department of Human Services (DHS) makes background
				  check review packets available to individuals and child care
				  programs.
(2)
Fingerprint
				  rejections.
When low quality fingerprints, as determined by the Oklahoma
				  State Bureau of Investigation (OSBI) and/or the Federal Bureau of Investigation
				  (FBI), make it impossible for the national crime information databases to
				  provide results, a state and/or national name-based search may be
				  authorized.
(3)
Fingerprint
				  exceptions.
When DHS Office of Background Investigations (OBI) receives
				  a written request for a fingerprint exception from an individual, who has a
				  severe physical condition precluding the individual from being fingerprinted, a
				  state and/or national name-based search may be authorized. Individuals that
				  resided outside of Oklahoma within the past five years must provide a
				  name-based search from the state where they resided.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 1 - Adult Protective Services Reports › Section 340:5-1-1 - Adult Protective Services (APS) authority, core principles, and mission

Current through Vol. 41, No. 20, July 1, 2024
(a) APS was created
				to meet the requirements of the Protective Services for Vulnerable Adults Act,
				per Sections
				10-101 et seq. of Title 43A of the
				Oklahoma Statutes.
(b) APS assists
				vulnerable adults who are unable to meet their own needs, or who are reported
				to be suffering from physical or verbal abuse, neglect, self-neglect, personal
				degradation, or exploitation.
(c)
				The vulnerable adult is the APS client. APS respects the client's right to
				self-determination and approaches service planning and intervention with
				sensitivity to the client's perception of his or her situation and needs. An
				objective assessment of the circumstances and need for involvement is
				made.
(d) APS intervention and
				service planning are client-centered. The vulnerable adult alleged to need
				protective services, is an Oklahoma Human Services client. While outcomes
				desired by the reporter, family members, or other caretakers are considered,
				APS intervention and service planning are client-centered.
(e) The APS specialist maintains professional
				objectivity when providing for or arranging services for vulnerable adults,
				whether services are paid for by the client or from private or public
				funds.
(f) Protective service plans
				are developed with the knowledge and approval of the client, when possible.
				When involuntary services are necessary to protect the life or estate of a
				client, guardianship is pursued with careful consideration of the effect on the
				client's psychological and emotional needs. Service planning focuses on
				services that meet the vulnerable adult's needs in the least intrusive and
				least restrictive manner possible.
(g) APS program goals are, to:
(1) reestablish and maintain a stable level
				of functioning approaching the client's maximum potential;
(2) reestablish and maintain the client's
				family and community relationships;
(3) assist the client to remain in the
				community as long as possible;
(4)
				ensure that the client who lacks capacity to consent, receives involuntary
				court-ordered services; and
(5)
				assist the client in obtaining appropriate institutional care, when less
				restrictive services are not available.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 1 - Adult Protective Services Reports › Section 340:5-1-2 - Principles of APS [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 840,
				  eff 6-1-03; Amended at 27 Ok Reg 990, eff
				  6-1-10
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 1 - Adult Protective Services Reports › Section 340:5-1-3 - Program coordination [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 840, eff 6-1-03 ; Amended at 27 Ok Reg
					 990, eff 6-1-10 ; Amended at 30 Ok Reg 625, eff
					 6-1-13
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 1 - Adult Protective Services Reports › Section 340:5-1-4 - Adult Protective Services (APS) ethical considerations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Ethical
				principles guide all client-related contact.
(1) The APS specialist must obtain prior
				approval from the district director, program field representative, APS
				specialist IV, or designee to:
(A) handle the
				vulnerable adult's personal resources, such as bank accounts, cash, checks,
				notes, mortgages, trusts, deeds, sales contracts, stocks, bonds, certificates,
				or any other assets;
(B) obtain or
				initiate repairs, personal services, and other necessary actions to provide
				health care, food, or shelter for a vulnerable adult. Verbal approval is
				authorized in emergency situations where immediate action is required to
				protect the vulnerable adult from imminent harm or significant loss of
				property. The APS specialist must document all plans and the approval in the
				case record as soon as possible; and
(C) re-enter a client's residence that was
				secured, and may only enter when another person from outside of Oklahoma Human
				Service, such as law enforcement, is present. When a third party is unable to
				accompany APS staff, the district director may approve entry when another
				specialist is present.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 1 - Adult Protective Services Reports › Section 340:5-1-5 - Confidentiality

Current through Vol. 41, No. 20, July 1, 2024
(a) All records
				related to Adult Protective Services (APS) cases are confidential, per Sections
				10-110 and 10-110.1 of Title 43A of the Oklahoma Statutes (43A O.S.
				§§ 10-110 and 10-110.1), and may be disclosed only by court order
				except under the circumstances described in (b) through (h) of this Section.
				Representatives of the general public, news media, or agencies not meeting one
				of the exceptions in (c) of this Section who request details on a specific case
				are referred to APS Oklahoma Human Services (OKDHS) State Office staff or to
				the OKDHS Office of Communications for a detailed explanation of OKDHS
				confidentiality rules.
(b) When
				making contacts as part of the investigation or service planning process, the
				APS specialist may disclose information necessary to ensure that the vulnerable
				adult is protected and the vulnerable adult's needs are met.
(c) Certain persons acting in an official
				capacity with regard to the vulnerable adult may review or receive information
				from the entire case record, including the:
(1) district attorney or district attorney
				staff;
(2) attorney representing
				the person who is the subject of an involuntary services action;
(3) attorney representing the vulnerable
				adult, who is not the subject of involuntary services;
(4) staff from:
(A) an Oklahoma law enforcement agency;
(B) a law enforcement agency of
				another state;
(C) a state Medical
				Examiner's Office;
(D) a law
				enforcement agency of a federally recognized tribe in Oklahoma; or
(E) a federal law enforcement agency;
(5) staff of another
				state's APS program;
(6) physical
				or mental health care professionals involved in the evaluation or treatment of
				the vulnerable adult; and
(7) OKDHS
				staff who use the information to provide services to the client.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 1 - Adult Protective Services Reports › Section 340:5-1-8 - Complaints and concerns regarding Adult Protective Services (APS) or Long-Term Care investigations

Current through Vol. 41, No. 20, July 1, 2024
Complaints regarding the provision of services or an
				  investigation may be submitted to Oklahoma Human Services (OKDHS) by phone,
				  email, or in written form. Complaints regarding:
(1) APS policy and procedure are referred to
				the district director, or program supervisor, who performs a case review. The
				district director, or program supervisor, sends a written response to the
				complainant within 45-calendar days, stating the review's general findings.
				Confidential information is not included in the report. If the complainant is
				not satisfied with the findings, the complainant may within 30-calendar days of
				the date of the letter, submit a written appeal to APS State Office, at PO Box
				25352, Oklahoma City, Oklahoma 73125. A committee composed of OKDHS staff
				reviews the appeal and sends the complainant the decision within 30-calendar
				days;
(2) alleged misconduct by an
				APS specialist, or social service inspector is referred to the supervisor or
				designee in the specialist's chain of command;
(3) alleged misconduct by an APS specialist
				IV is referred to the appropriate district director for action; and
(4) involuntary services are brought before
				the district court that granted the temporary guardianship at issue.
Added at 20 Ok Reg 840, eff 6-1-03 ; Amended at 24 Ok Reg
					 1017, eff 6-1-07 ; Amended at 27 Ok Reg 990, eff 6-1-10 ; Amended at 30 Ok Reg
					 625, eff 6-1-13
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 3 - Maltreatment Allegations › Section 340:5-3-1 - Receiving maltreatment allegations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Mandatory reporters.
Any person having reasonable cause to believe
				that a vulnerable adult is suffering from abuse, neglect, or exploitation is
				mandated by law, per Section 10-104(A) of Title 43A of Oklahoma Statutes (43A
				O.S. § 10-104(A)), to notify Oklahoma Human Services (OKDHS) or law
				enforcement.
(1) State law provides that any
				person who knowingly and willfully fails to promptly report any abuse, neglect,
				or exploitation is, upon conviction, guilty of a misdemeanor.
(2) Any person who willfully or recklessly
				makes a false report or a report without a reasonable basis is liable in a
				civil suit for any actual damages suffered by any person named in the report
				and any punitive damages set by the court or jury.
(3) Any person exercising good faith and due
				care in making a report of alleged abuse, neglect, or exploitation has immunity
				from any civil or criminal liability that might otherwise be incurred.
(4) Every person in Oklahoma is a
				mandatory reporter and select groups who routinely have contact with vulnerable
				adults are specifically named in 43A O.S. § 10-104(A), including:
(A) social workers;
(B) physicians;
(C) emergency response vehicle operators;
(D) mental health professionals;
(E) law enforcement;
(F) domestic violence programs staff;
(G) long-term care facility
				personnel, including staff of:
(i) nursing
				facilities;
(ii) intermediate care
				facilities for persons with intellectual disabilities;
(iii) assisted living facilities;
(iv) residential care facilities; and
(v) Oklahoma veterans' centers;
(H) persons entering
				into transactions with a caretaker or other person who assumed the role of
				financial management for a vulnerable adult;
(I) staff of:
(i) residential care facilities;
(ii) group homes; and
(iii) employment settings for individuals
				with developmental disabilities;
(J) job coaches;
(K) community service workers;
(L) personal care assistants;
(M) other medical professionals; and
(N) municipal employees.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 3 - Maltreatment Allegations › Section 340:5-3-2 - Abuse and Neglect Hotline (Hotline)

Current through Vol. 41, No. 20, July 1, 2024
Oklahoma Human Services maintains a statewide, toll-free
				  Hotline to report abuse, neglect, or exploitation of children and adults. The
				  Hotline, 1-800-522-3511, operates 24 hours a day, seven days a week, 365 days a
				  year, and is staffed by personnel who are trained in Adult Protective Services
				  procedures.
Added at 20 Ok Reg 840,
				  eff 6-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 3 - Maltreatment Allegations › Section 340:5-3-3 - Reports received by the local human services center (HSC) [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 840,
				  eff 6-1-03; Amended at 25 Ok Reg 892, eff
				  6-1-08
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 3 - Maltreatment Allegations › Section 340:5-3-5 - Concurrent jurisdiction with other entities

Current through Vol. 41, No. 20, July 1, 2024
Some referrals that are appropriate for Adult Protective
				  Services (APS) intervention must also be sent to other entities.
(1)
Concurrent jurisdiction with
				Oklahoma State Department of Health (OSDH).
(A) Referrals alleging maltreatment of
				vulnerable adults are accepted and screened by APS and sent to OSDH, Protective
				Health Services, Long-Term Care Complaints, for residents of:
(i) residential care facilities;
(ii) assisted living facilities;
(iii) adult day care facilities;
				and
(iv) nursing facilities when
				the referral is self-neglect or maltreatment by a person not employed by the
				facility.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 3 - Maltreatment Allegations › Section 340:5-3-6 - Screening and assigning referrals

Current through Vol. 41, No. 20, July 1, 2024
(a)
Time frame for screening Adult Protective Services (APS)
				referrals.
The Review, Evaluate, and Decide (RED) Unit specialists or
				designees are responsible for screening new referrals on the APS Computer
				System on a regular basis throughout the day to identify emergency situations
				and to ensure assignment to the correct county office. Emergencies are reported
				to 911.
(b)
Responsibility
				for screening and assigning referrals.
Abuse and Neglect Hotline
				(Hotline) specialists are responsible for screening referrals and assigning the
				response type. The Hotline specialist determines if an urgent response is
				indicated. Hotline specialists and RED Unit specialists or designees complete
				screening to facilitate the timely initiation of the investigation, per
				Oklahoma Administrative Code (OAC)
				340:5-5-2.
				The RED Unit specialist or designee determines which APS specialist is assigned
				the referral.
(c)
Referrals
				involving domestic violence.
When referrals allege maltreatment of a
				vulnerable adult by a spouse, other family, or household member, domestic
				violence resources must be considered in service planning.
(d)
Referrals involving Oklahoma Human
				Services (OKDHS) employees or their families.
Specific procedures are
				followed when a referral of maltreatment is received that involves OKDHS
				employees.
(e)
Service case
				assignments.
Service case assignments allow staff to determine the need
				for services and offer or create a service plan to assist clients. Service case
				conclusions are written in a manner that documents and supports stability of
				the service plan, with or without follow-up, before case closure.
(f)
Referrals involving Soonercare
				(Medicaid) paid caregiver.
Referrals involving paid, unlicensed
				caregivers, whose services are funded through Soonercare (Medicaid), are sent
				to Office of Client Advocacy (OCA). These workers are subject to the Community
				Services Worker Registry guidelines. The programs in (A) through (G) contract
				with agencies utilizing workers who are in this category: The programs
				contracting with agencies who utilize workers in this category are:
(A) ADvantage Waiver Services, including
				Consumer Directed Personal Assistance Services and Supports
				(CD-Pass);
(B) State Plan Personal
				Care Program;
(C) Developmental
				Disability Services;
(D) Adult Day
				Services;
(E) Program of
				All-inclusive Care for the Elderly (PACE);
(F) Living Choice; and
(G) Medical Fragile (Med Frag).
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 5 - Inestigation of Adult Protective Services Reports › Section 340:5-5-1 - Statutory authority

Current through Vol. 41, No. 20, July 1, 2024
Section 10-105(A) of Title 43A of the Oklahoma Statutes
				  mandates the Oklahoma Department of Human Services to complete a prompt and
				  thorough investigation of Adult Protective Services reports.
Added at 20 Ok Reg 840,
				  eff 6-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 5 - Inestigation of Adult Protective Services Reports › Section 340:5-5-2 - Initiating investigations

Current through Vol. 41, No. 20, July 1, 2024
An Adult Protective Services (APS) specialist initiates an
				  investigation by a visit to the vulnerable adult who is the alleged victim (AV)
				  at the adult's location or residence.
(1)
Time frame for initiating
				investigations.
(A) The APS specialist
				initiates the maltreatment investigation as soon as possible within
				five-business days, not to exceed 120 hours from the time APS received the
				report, excluding weekends and official state holidays.
(B) In an urgent situation, when prompt
				action may be required, the APS specialist initiates the investigation within
				24 hours of receipt.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 5 - Inestigation of Adult Protective Services Reports › Section 340:5-5-4 - Special referral considerations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Referrals regarding Indian tribal members.
(1) When a Memorandum of Understanding (MOU)
				exists between the State of Oklahoma and a sovereign Indian Nation the
				procedures outlined in the MOU are followed.
(2) When an MOU does not exist prior to entry
				on tribal land, the Indian Nation or United States Marshall Service is notified
				of the Adult Protective Services (APS) referral and APS procedures are followed
				in collaboration with the Indian Nation whenever possible.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 5 - Inestigation of Adult Protective Services Reports › Section 340:5-5-5 - Documentation of Adult Protective Services (APS) cases

Current through Vol. 41, No. 20, July 1, 2024
The APS specialist documents the report or referral,
				  interviews, record reviews, other evidence, and investigation findings, or
				  conclusions in the APS case.
(1) When
				an investigation is completed, the vulnerable adult's identified caretaker,
				legal guardian, and next of kin receive a letter from Oklahoma Human Services,
				per Section
				10-105.1(C)(6) of
				Title 43A of the Oklahoma Statutes (43A O.S. § 10-105.1(C)(6)).
(2) When the vulnerable adult has a
				court-appointed guardian, the APS specialist files a notice of the findings in
				the guardianship case and sends a copy of the findings to the court of
				jurisdiction, per 43A O.S. § 10-105.1(C)(6).
Added at 20 Ok Reg 840,
				  eff 6-1-03; Amended at 27 Ok Reg 990, eff
				  6-1-10
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 5 - Inestigation of Adult Protective Services Reports › Section 340:5-5-6 - Provision of protective services to vulnerable adults

Current through Vol. 41, No. 20, July 1, 2024
(a)
Voluntary protective
				services.
Voluntary services are arranged when a vulnerable adult
				consents to provision of services, requests services, and is willing to allow
				the Adult Protective Services (APS) specialist to provide or arrange for
				services, per Section 10-106 of Title 43A of the Oklahoma Statutes (43A O.S.
				§ 10-106).
(1)
Payment for
				voluntary protective services.
The cost of providing voluntary
				protective services is borne by the vulnerable adult when the APS specialist
				determines the person is financially able to make payment or by any private or
				public programs for which the vulnerable adult is eligible.
(2) When a caretaker controls the person's
				funds and refuses to pay for necessary services, caretaker interference may be
				construed and is addressed in (c) of this subsection. An allegation of
				financial neglect may be considered, along with asset management remedies
				available through temporary guardianship, or an Order to Enjoin Caretaker.
(3) When voluntary services are
				required to meet an urgent need and no other payment source is available, the
				APS specialist follows procedures in (c) of this subsection. In cases where the
				services do not meet an urgent need, the APS specialist arranges for voluntary
				services, that:
(A) can be provided free of
				charge;
(B) the vulnerable adult is
				able to, and agrees to pay for; or
(C) can be paid for by a public or private
				assistance program.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 5 - Inestigation of Adult Protective Services Reports › Section 340:5-5-7 - Termination of adult protective services

Current through Vol. 41, No. 20, July 1, 2024
Adult protective services are terminated when the situation
				  that prompted the referral is remedied, the vulnerable adult's circumstances
				  are stable, or the vulnerable adult refuses to accept services. Cases for
				  vulnerable adults for whom Oklahoma Human Services has a current guardianship
				  or remand are terminated only when the court order dismissing the temporary
				  guardianship is filed. These cases remain active and follow-up activities are
				  documented as required by Oklahoma Administrative Code
				  340:5-5-3(11),
				  as long as the court order is in effect.
Added at 20 Ok Reg 840,
				  eff 6-1-03; Amended at 27 Ok Reg 990, eff
				  6-1-10
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 5 - Inestigation of Adult Protective Services Reports › Section 340:5-5-8 - Case destruction

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				destruction of Adult Protective Services paper files is done, per the Oklahoma
				Department of Human Services Consolidated Records Disposition
				Schedule.
(b) Records of
				investigations conducted, per The Protective Services for Vulnerable Adults
				Act, Section 10-110 of Title 43A of the Oklahoma Statutes are not expunged
				except by court order.
Added at 27 Ok Reg 990,
				  eff 6-1-10; Amended at 28 Ok Reg 274, eff 11-3-10 (emergency); Amended at 28 Ok
				  Reg 778, eff 5-26-11
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 7 - Long-Term Care Investigations › Section 340:5-7-1 - Referrals submitted to Long-Term Care Investigations

Current through Vol. 41, No. 20, July 1, 2024
(a) Screening
				protocols, per Oklahoma Administrative Code
				340:5-3-5, are followed for
				referrals submitted to Long-Term Care Investigations.
(b) The Abuse and Neglect Hotline specialist
				is responsible for screening referrals. Referrals are accepted for
				investigation, screened out when Adult Protective Services (APS) criteria is
				not met, or are referred to another entity. The Review, Evaluate, and Decide
				(RED) Unit specialist or designee determines which Long-Term Care social
				service inspector is assigned the referral.
(c) All APS rules apply to Long-Term Care
				Investigations, except those noted in this Subchapter.
Added at 20 Ok Reg 840,
				  eff 6-1-03
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 7 - Long-Term Care Investigations › Section 340:5-7-2 - Program coordination [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 3082,
				  eff 6-7-04 (emergency); Added at 22 Ok Reg 1211, eff
				  5-26-05
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 7 - Long-Term Care Investigations › Section 340:5-7-3

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 3082,
				  eff 6-7-04 (emergency); Added at 22 Ok Reg 1211, eff
				  5-26-05
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 7 - Long-Term Care Investigations › Section 340:5-7-4 - Screening of LTCI reports [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 3082,
				  eff 6-7-04 (emergency); Added at 22 Ok Reg 1211, eff
				  5-26-05
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 7 - Long-Term Care Investigations › Section 340:5-7-5 - Initiating Long-Term Care Investigations

Current through Vol. 41, No. 20, July 1, 2024
A Long Term Care Investigation is initiated by visiting the
				  vulnerable adult in the nursing facility.
(1)
Long-Term Care Investigation
				timeframes.
Maltreatment reports are initiated within 20-business days
				or sooner when circumstances indicate immediate action is needed.
(2)
Long-Term Care investigative report
				completion.
(A) The long-term care
				investigator determines within 60-business days of the receipt of the report,
				if the evidence indicates the report is substantiated, unsubstantiated, or
				inconclusive, per Oklahoma Administrative Code (OAC)
				340:5-1-6. The
				program manager may extend the case closure date when necessary.
(B) The findings are sent to state entities
				with concurrent jurisdiction over the persons or issues identified in the
				investigation, such as the Oklahoma State Department of Health, local district
				attorney, Long-Term Care Ombudsman in Aging Services, and appropriate state
				licensure or certification boards, agencies, or registries. The special
				considerations in OAC
				340:5-5-4(d) and
				(e) apply to Long-Term Care
				Investigations.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 5 - Adult Protective Services › Subchapter 7 - Long-Term Care Investigations › Section 340:5-7-6 - Long-Term Care Investigation Elements

Current through Vol. 41, No. 20, July 1, 2024
A Long-Term Care Investigation includes the elements set
				  forth in Oklahoma Administrative Code
				  340:5-5-3(1) through
				  (6) and (9) through (10).
Added at 21 Ok Reg 3082,
				  eff 6-7-04 (emergency); Added at 22 Ok Reg 1211, eff
				  5-26-05
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 1 - General Provisions › Section 340:10-1-1 - Purpose and legal basis

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The purpose of this Chapter is to describe the rules
				governing Oklahoma Human Services (OKDHS) Temporary Assistance for Needy
				Families (TANF) Program and how the TANF Program interacts with other OKDHS
				programs.
(b)
Legal
				base.
The TANF Program legal basis is vested in Article XXV of the
				Constitution of the State of Oklahoma, Title IV, Part A of the federal Social
				Security Act, Sections 261.1 through 261.80 of Title 45 of the Code of Federal
				Regulations, and Sections
				230.50
				through
				230.78
				of Title 56 of the Oklahoma Statutes.
Amended at 17 Ok Reg
				  444, eff 11-1-99 (emergency); Amended at 17 Ok Reg 2075, eff
				  7-1-00
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 1 - General Provisions › Section 340:10-1-2

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
				  527, eff 12-8-92 (emergency); Amended at 10 Ok Reg 2813, eff 6-25-93; Amended
				  at 17 Ok Reg 444, eff 11-1-99 (emergency); Amended at 17 Ok Reg 2075, eff
				  7-1-00
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 1 - General Provisions › Section 340:10-1-3 - General provisions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Right
				to apply.
A person has the right to:
(1) apply for Temporary Assistance for Needy
				Families (TANF);
(2) expect an
				eligibility investigation; and
(3)
				receive a prompt decision regarding his or her application.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 1 - General Provisions › Section 340:10-1-4 - Conditions of eligibility [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
				  527, eff 12-8-92 (emergency); Amended at 10 Ok Reg 2813, eff 6-25-93; Amended
				  at 15 Ok Reg 145, eff 11-1-97 (emergency); Amended at 15 Ok Reg 1602, eff
				  5-11-98; Amended at 17 Ok Reg 2271, eff 5-1-00 (preemptive); Amended at 18 Ok
				  Reg 3635, eff 10-1-01 (emergency); Amended at 19 Ok Reg 1118, eff
				  5-13-02
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 1 - General Provisions › Section 340:10-1-5 - Non-assistance programs

Current through Vol. 41, No. 20, July 1, 2024
(a)
Non-assistance programs.
Programs that do not constitute
				assistance programs, per Section 260.31(b) of Title 45 of the Code of Federal
				Regulations may be available to Temporary Assistance for Needy Families (TANF)
				recipients and other eligible Oklahoma families with minor child(ren) within a
				specified degree of relationship, per Oklahoma Administrative Code (OAC)
				340:10-9-1.
				When eligibility for a program is based on the family's income, the maximum
				income level is specified, per (b) of this Section. Programs may vary due to
				geographic location and funding availability. Non-assistance programs may
				include:
(1) non-recurring short-term (NRST)
				benefits that:
(A) are designed to deal with
				a specific crisis situation or episode of need;
(B) are not intended to meet recurrent or
				ongoing needs; and
(C) do not
				extend beyond four months;
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 2 - Temporary Assistance for Needy Families (TANF) Work Program › Section 340:10-2-1 - Work requirements

Current through Vol. 41, No. 20, July 1, 2024
All parents or needy caretakers who apply for or receive
				  Temporary Assistance for Needy Families (TANF) cash assistance from Oklahoma
				  are required to be engaged in a work activity. The parent(s) or needy caretaker
				  must participate in work activities for at least the minimum number of hours
				  necessary to move that person into employment and self-sufficiency, per (2) of
				  this Section.
(1)
Work-eligible
				person.
A work-eligible person is defined as an adult or minor
				head-of-household included in the TANF assistance unit. Excluded from this
				definition is a parent providing care for a disabled family member living in
				the home, who does not attend school on a full-time basis, provided the need
				for such care is supported by medical documentation.
(2)
Minimum hours of TANF Work
				activities.
(A) All parents or needy
				caretakers who meet the definition of a work-eligible person are required to
				participate in the minimum hours of work activities.
(i) A work-eligible person must participate
				in work activities an average of 30 hours per week, unless the person is a
				single custodial parent with a child under 6 years of age, who must participate
				in work activities an average of 20 hours per week.
(ii) In a two-parent family, when deprivation
				is based on incapacity, the non-incapacitated adult must participate in work
				activities an average of 30 hours per week unless he or she is:
(I) required in the home to provide care for
				the incapacitated work-eligible parent; or
(II) a custodial parent with a child under 6
				years of age. In this instance the non-incapacitated adult must participate in
				work activities an average of 20 hours per week.
(iii) In a two-parent family, when
				deprivation is based on unemployment, one adult must participate in work
				activities an average of 35 hours per week and the other adult must participate
				an average of 30 hours per week. When one parent is an ineligible alien, the
				other parent must participate in work activities an average of 35 hours per
				week. When both parents are ineligible aliens, the family does not qualify as a
				two-parent family as the work requirement cannot be met.
(iv) To determine the average weekly
				countable work hours for a work-eligible person who is self-employed, the Adult
				and Family Services (AFS) worker:
(I)
				determines the person's monthly countable earned self-employment income per
				Oklahoma Administrative Code (OAC)
				340:10-3-32;
(II) divides the income by the federal
				minimum wage; and
(III) divides
				that figure by 4.3 that equals weekly countable work
				hours.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 2 - Temporary Assistance for Needy Families (TANF) Work Program › Section 340:10-2-2 - Sanction process

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
The sanction process provides for the determination
				of good cause and the use of penalties for individuals who refuse or fail to
				participate in assigned work activities.
(b)
Failure or refusal to
				participate.
It is the responsibility of the worker to make the
				determination that an individual has refused or failed to participate without
				good cause in an assigned work activity.
(1)
				Refusal to participate occurs when an applicant or recipient states orally or
				in writing that he or she will not participate or continue to participate in
				work activities. Refusal also occurs when an individual's action or inaction
				indicates the individual, without good cause for refusing, will not participate
				in the program.
(2) Failure to
				participate in the program includes failure to:
(A) assist in the assessment and development
				of employability plans that includes screening for substance abuse and
				literacy;
(B) attend orientation,
				scheduled meetings, or assessments;
(C) maintain a minimum of required hours in
				scheduled activities;
(D) accept or
				maintain appropriate employment;
(E) report absences from the work activity to
				the worker, facility coordinator, or employer;
(F) comply with a substance abuse treatment
				plan; or
(G) follow the rules of
				the facility or employer.
Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 10 - Temporary Assistance for Needy Families (TANF) › Subchapter 2 - Temporary Assistance for Needy Families (TANF) Work Program › Section 340:10-2-3 - Employability planning

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope and
				applicability.
The employability planning process begins at intake and
				continues as long as there are employment barriers or family circumstances that
				interfere with the participant obtaining and retaining employment. The worker
				and the participant initiate Form 08TW002E, TANF Work/Personal Responsibility
				Agreement. While completing Form 08TW002E, the participant provides information
				regarding his or her work history, education and training, employment
				interests, child care plan, and transportation and support services needs to
				help the worker develop an employability plan that addresses the participant's
				strengths and employment barriers.
(1)
				Literacy screening is mandatory and must be included as a required Temporary
				Assistance for Needy Families (TANF) Work activity for participants who have
				not obtained a high school diploma or high school equivalency certificate and
				demonstrate a lack of literacy skills.
(2) Per Section
				250.52 of Title 56 of the Oklahoma
				Statutes (56 O.S. § 250.62) and Oklahoma Administrative Code (OAC)
				340:10-4-1, TANF recipients
				undergo substance abuse screening. When a recipient tests positive for an
				illegal controlled substance, the employment plan includes substance abuse
				treatment or mental health counseling. The worker includes treatment or
				counseling until a substance abuse, mental health, or medical professional
				indicates these supports are no longer necessary.
(3) The participant's identified employment
				barriers must be addressed on Form 08TW002E. Barriers may include, but are not
				limited to:
(A) English as a second
				language;
(B) learning
				disabilities;
(C) physical or
				mental health;
(D) domestic
				violence;
(E) lack of
				transportation;
(F) literacy;
				or
(G) substance abuse.