Okla. Admin. Code § 310:678-3-4

Current through Vol. 42, No. 7, December 16, 2024

Section 310:678-3-4 - [Effective until 9/14/2025] Processing referrals received by the OCA

(a)OCA referral screening options. Except for referrals received from the OKDHS Hotline involving a child, OCA intake records specifics of each referral and makes an appropriate disposition. All known information is considered when determining the appropriate disposition and course of action. If the information is unclear and it appears the allegation may rise to the level of abuse, neglect, or exploitation, a preliminary inquiry is conducted by intake staff. The screening disposition options and criteria include, but are not limited to, the options described in (1) through (12) of this subsection.

(1)Assign for OCA investigation. This screening disposition means OCA opens an investigation of an allegation of the person responsible for the child of interest (PRFCI) or vulnerable adult caretaker (VAC) maltreatment.

(2)Assign for internal caretaker conduct review. This screening disposition means the facility or provider named in the referral is given responsibility to conduct an internal caretaker conduct review per OAC 310:678-3-7. Within one business day of receiving a referral given this disposition, OCA intake notifies the administrator or designated contact person. This screening disposition applies to allegations involving vulnerable adults residing at the Greer Center and facilities for children not licensed by or contracted with OKDHS.

(3)Refer to OCA advocate. This screening disposition is made when the referral involves a Hissom class member or a resident of Greer and involves a concern based on the information provided and does not rise to the level of maltreatment.

(4)Refer to another administrative entity. This screening disposition means OCA intake forwards the information to another state agency or OKDHS program or office. This screening disposition is appropriate when information provided by the reporting party does not include an allegation of caretaker maltreatment within OCA purview, but involves complaints about employee performance or allegations within the scope of another administrative entity.

(5)Refer to OKDHS Office of Inspector General (OIG). An allegation regarding the alleged misuse of a Supplement Nutrition Assistance Program (SNAP) Electronic Benefits Transfer (EBT) card, or Social Security Administration fraud or overpayment, is sent to OKDHS OIG for investigation. This disposition is also utilized when there are allegations of fraud, misconduct, or criminal behavior against current OKDHS employees.

(6)Refer to law enforcement. This screening disposition is used when the referral involves possible criminal activity and the reported allegations are not within OCA investigative authority per OAC 310:678-3-1. This disposition is not used when OCA opens an investigation on a referral even though a law enforcement agency is investigating the matter. A case may warrant simultaneous OCA involvement and referral to law enforcement. In those instances, notification to law enforcement is appropriately documented.

(7)Refer for grievance. This screening disposition means the referral is directed to the appropriate entity for processing as a grievance, when the content of the referral is not caretaker maltreatment, but a complaint or concern that can be addressed by a grievance. When the complaint can be addressed as a grievance and is referred for grievance by OCA, the entity promptly notifies its local grievance coordinator. A referral may be appropriate for processing as a grievance when the complaint concerns:

(A) conditions that do not endanger clients or residents;

(B) staff improprieties that do not constitute maltreatment; and

(C) privileges and restrictions not involving the use of isolation, force, or restraints.

(8)No action required. This screening disposition is made when OCA takes no action in response to the referral because the information provided is for notification purposes only and does not include an allegation, complaint, or concern appropriate for another screening disposition.

(9)Refer to administration. This screening disposition means the matter is not within the purview of OCA, another OKDHS unit, or another state agency, but is relevant to the facility or provider operations.

(10)Refer to OKDHS DDS Quality Assurance (QA). This screening disposition is made when an allegation involves an alleged contract violation that does not involve caretaker maltreatment.

(11)Refer for special advocacy. This screening disposition is made when the referral constitutes a request for advocacy services per OAC 310:678-9-4.

(12)Refer to OKDHS DDS case management. This screening disposition is made when an allegation does not rise to the level of abuse, neglect, or exploitation but involves an issue of person-centered planning or case management follow-up on behalf of a vulnerable adult.

(b)Law enforcement notification. Law enforcement is notified when a referral opened as an OCA investigation involves possible criminal activity on the part of a PRFCI or a VAC.

(c)Assignment process for referrals opened for investigation. Investigations involving vulnerable adults are assigned within one business day of a disposition to investigate the allegation. When urgent circumstances exist in a case opened for investigation, an assignment is made, and the investigation commences immediately.

(d)Information provided to reporting party. The reporting party upon proper identification may be provided with information regarding the disposition of the referral.

Okla. Admin. Code § 310:678-3-4

Adopted by Oklahoma Register, Volume 42, Issue 7, December 16, 2024, eff. 11/1/2024, exp. 9/14/2025 (Emergency)