Okla. Admin. Code § 310:678-7-3

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

Section 310:678-7-3 - [Effective 9/14/2025] Grievance and Abuse Review Committee (GARC) review of unresolved contested grievances

(a)GARC application. GARC reviews unresolved contested grievances of children in Oklahoma Human Services (OKDHS) custody, Developmental Disabilities Services (DDS) service recipients, and approved or kinship foster parents when the advocate general receives a proper request for a GARC review, per Oklahoma Administrative Code (OAC) 340:2-3-46(k).

(b)GARC worksheet. When the grievance was filed by, or on behalf of, a DDS service recipient who receives Office of Client Advocacy (OCA) advocacy services, including residents of the Greer Center Facility (Greer), the OCA advocate prepares a GARC worksheet using a format prescribed by OCA that includes:

(1) the grievance number and resident, grievant, guardian, parent(s), case manager, and OCA advocate names;

(2) a grievance process summary, resolutions offered at each level, and the decision-makers' responses;

(3) the applicable statutes, policies, and authorities;

(4) the resolution sought by the grievant;

(5) relevant documentation;

(6) the OCA advocacy position with regard to the subject of the grievance; and

(7) copies of Forms 15GR001E, Grievance Form, and 15GR002E, Local Grievance Coordinator (LGC) Worksheet.

(c)GARC review summary. For GARC reviewed DDS service recipient grievances reviewed by GARC, the OCA grievance liaison prepares a GARC review summary and includes it in the GARC file. For approved foster parents and children served by Child Welfare Services (CWS) the grievance is submitted on the GARC report summarizing all responses from initiation.

(d)Scope of GARC review. GARC conducts a de novo paper review of the grievance.

(1) Within three-business days following receipt of a proper request for GARC review, per OAC 340:2-3-46(k), the advocate general or designee informs the affected State Office administrator of the GARC meeting date.

(2) The grievant, State Office administrators, and designees may attend the GARC meeting to answer questions. When a grievance involves a Hissom Class Member, the OCA programs administrator for the community advocacy program may also attend.

(3) When the grievant wants to submit additional evidence not considered during the processing of the grievance, it is submitted to the advocate general within five-business days of the request for GARC review, but not less than seven-business days prior to the GARC meeting. When the affected State Office administrator wants to submit additional evidence not considered during the processing of the grievance, or when the GARC review is the result of an untimely response, per OAC 340:2-3-46(I), or for good cause shown, evidence can be submitted to the advocate general seven-business days before the GARC meeting.

(4) When additional information is needed in order for GARC to complete its review, GARC may continue the grievance review until the next meeting. GARC may request additional information from OCA or a State Office administrator.

(e)GARC report contents. Within 15-business days of a GARC meeting to review an unresolved grievance of a child being served by Child Welfare Services or a DDS service recipient, GARC prepares a report that includes the:

(1) subject of the grievance and identifying information about the grievant and the State Office administrator;

(2) grievance procedural history, and identifying proposed resolutions and responses at each level in the grievance process, prior to the GARC review;

(3) resolution sought by the grievant and the resolution proposed by the State Office administrator;

(4) GARC recommended grievance resolution;

(5) facts on which GARC bases its recommendation;

(6) information GARC considered in making its recommendation; and

(7) areas of concern identified by GARC during its review of the grievance.

(f)GARC findings regarding approved foster parents and children being served by CWS. Within three-business days following the GARC meeting, GARC records the decision on the GARC report. The completed GARC report for foster parent and children being served by CWS grievances includes the:

(1) subject of the grievance and identifying information about the grievant and the State Office administrator;

(2) procedural history of the grievance including, but not limited to, proposed resolutions and responses at each level in the grievance process prior to the GARC review;

(3) resolution sought by the grievant and the resolution proposed by the State Office administrator;

(4) GARC recommended grievance resolution;

(5) facts on which GARC bases its recommendation;

(6) information GARC considered in making its recommendation; and

(7) areas of concern identified by GARC during its review of the grievance.

(g)GARC report distribution. The advocate general forwards the GARC report to the applicable local grievance coordinator (LGC). Within three-business days following receipt of the GARC report, the LGC contacts the decision-maker to inform him or her of the GARC recommended resolution, and determines if the decision-maker is satisfied.

(1) When the decision-maker needs time to decide whether to accept the proposed resolution, the decision-maker has three-business days to make a decision. When a decision is not communicated to the LGC within three-business days, the decision-maker is deemed to have accepted the proposed resolution.

(2) When the decision-maker is satisfied, the LGC notifies the advocate general, and the advocate general notifies interested parties. An affected State Office administrator has three-business days following receipt of this notification to submit a written request for review by the OKDHS Director to the advocate general.

(3) When the decision-maker is not satisfied with the GARC recommended resolution and elects to contest it, the LGC notifies the advocate general within four-business days following receipt of the GARC report. The advocate general or designee transmits the request and the GARC report for review by the OKDHS Director.

(h)Distribution of GARC report for approved foster parents and children being served by CWS. The advocate general forwards the final GARC resolution on the GARC report to the FCO. Within one-business day following receipt of the GARC report, the FCO notifies the decision-maker and affected State Office administrator of the GARC recommended resolution.

(1) The FCO upon notifying the decision-maker and affected State Office administrator of GARC's recommended resolution, advises the parties of their right to appeal the decision to the OKDHS Director. An affected State Office administrator or decision-maker has three-business days following receipt of this notification to submit a written request to the advocate general for review by the OKDHS Director.

(2) When the resolution of the grievance involves an action to be taken by an OKDHS employee by a future target date, the FCO monitors compliance with that target date. In the event the resolution is not implemented or not implemented within the time specified, the FCO informs the advocate general and he or she notifies the OKDHS Director in writing.

(3) When an appeal is not requested by the decision-maker or affected State Office administrator within three-business days following receipt of the recommended resolution, the FCO sends the closure notice to the grievant and State Office administrator.

(i)OKDHS Director's GARC recommendation review. Upon receipt by the advocate general of a proper and timely written request for review by the OKDHS Director, per (e) of this Section, the advocate general or designee transmits the request and the GARC report to the OKDHS Director.

(1) Within 15-business days following receipt of the GARC report, the OKDHS Director decides to:

(A) adopt the GARC recommended resolution;

(B) adopt the GARC recommendation with modifications;

(C) return the matter to GARC for further consideration; or

(D) direct another resolution.

(2) When the OKDHS Director does not respond within 15-business days, the grievance or appeal is deemed resolved, per the GARC recommended resolution.

(3) The advocate general notifies the grievant and other interested parties of the result of the OKDHS Director's review. The decision-maker is informed this concludes the grievant's administrative remedies. When the grievant is a foster parent or child being served by CWS, a copy of the grievance and related materials are forwarded to the Oklahoma Commission for Children and Youth Office of Juvenile Systems Oversight.

(j)Resolution monitoring for children in OKDHS custody and DDS recipients. When the resolution of the grievance involves an action to be taken by a OKDHS employee by a future target date, the OCA grievance liaison monitors compliance with that target date. In the event the resolution is not implemented or not implemented within the time specified, the OCA grievance liaison informs the advocate general, and the advocate general notifies the OKDHS Director in writing.

Okla. Admin. Code § 310:678-7-3

Transferred from 340:2-3-64 by SB 1709 (2024), eff 11/1/2024

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