Okla. Admin. Code § 340:100-6-2

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

Section 340:100-6-2 - Legal base, purpose, and definitions

(a)Legal base. Section 1430.1 et seq. of Title 10 of the Oklahoma Statutes, Group Homes for Persons with Developmental or Physical Disabilities Act, mandates Oklahoma Department of Human Services (OKDHS) to establish licensure requirements for such group homes and to otherwise implement the requirements of this Act.

(b)Purpose. OAC 340:100-6 sets forth licensure requirements, standards, and provisions for group homes for persons with developmental or physical disabilities.

(c)Definitions. The following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

(1)"Abuse" means causing or permitting:

(A) infliction of physical pain, injury, sexual abuse, sexual exploitation, unreasonable restraint or confinement, or mental anguish; or

(B) 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 resident of a group home by a caretaker or other person providing servicesto a resident of a group home.

(2)"Administrator" means the person designated by the provider who has authority and responsibility for the programs and operation of a group home.

(3)"Advocate" means an adult designated in writing selected by the resident to assist the resident in exercising the rights of such resident.

(4)"Exploitation" means the unjust or improper use of the resources of a resident of a group home for the profit or advantage, pecuniary or otherwise, of a person other than such resident through the use of:

(A) undue influence;

(B) coercion;

(C) harassment;

(D) duress;

(E) deception;

(F) false representation; or

(G) false pretense.

(5)"Group home for persons with developmental or physical disabilities" means any establishment:

(A) for not more than 12 residents who:

(i) are 18 years of age or older; and

(ii) have developmental or physical disabilities;

(B) that offers or provides supervision, residential accommodations, food service, and training and skill development opportunities designed to lead to increased independence of the residents and supportive assistance to any of the residents requiring supportive assistance; and

(C) that is not:

(i) a residential care home;

(ii) a nursing facility;

(iii) an assisted living facility;

(iv) a home in which agency companion services or specialized foster care is provided; or

(v) a home owned or leased by the service recipient or his or her legal guardian.

(6)"Indecent exposure" means forcing or requiring a resident of a group home to:

(A) look upon the body or private parts of another person or upon sexual acts performed in the presence of the resident; or

(B) touch or feel the body or private parts of another.

(7)"Neglect" means:

(A) failure to provide protection for a resident of a group home who is unable to protect his or her own interests;

(B) failure to provide a resident of a group home with adequate shelter, nutrition, health care, or clothing; or

(C) negligent acts or omissions that result in harm or the unreasonable risk of harm to a resident of a group home through the action, inaction, or lack of supervision by a caretaker providing direct services.

(8)"Physical disability" means a condition that:

(A) causes restricted use of extremities by or affects other bodily functions of a person; and

(B) requires specialized training or habilitation or rehabilitation services provided by a group home.

(9)"Provider" means a person, corporation, partnership, limited liability company, association, or other entity that contracts with OKDHS Developmental Disabilities Services Division (DDSD) or Oklahoma Health Care Authority or is licensed to operate a group home for persons with developmental or physical disabilities.

(10)"Resident" or "service recipient" means a person receiving services in a group home for persons with developmental or physical disabilities.

(11)"Service recipient" or "resident" means a person receiving services in a group home for persons with developmental or physical disabilities.

(12)"Sexual abuse" means:

(A) oral, anal, or vaginal penetration of a resident of a group home by or through the union with the sexual organ of a caretaker or other person providing services to the resident, or the anal or vaginal penetration of a resident by a caretaker or other person providing services to the resident with any other object;

(B) for the purpose of sexual gratification, the touching, feeling, or observation of the body or private parts of a resident of a group home by a caretaker or other person providing services to the resident; or

(C) indecent exposure by a caretaker or other person providing services to the resident of a group home.

(13)"Sexual exploitation" means, but is not limited to, a caretaker causing, allowing, permitting, or encouraging a resident of a group home to engage in prostitution or in the lewd, obscene, or pornographic photographing, filming, or depiction of the resident as those acts are defined by Oklahoma law.

(14)"Supportive assistance" means service rendered to a resident of a group home that is sufficient to enable the resident to meet an adequate level of daily living including, but not limited to:

(A) training;

(B) supervision;

(C) assistance in housekeeping;

(D) assistance in meal preparation;

and

(E) assistance in activities of daily living necessary for the health and comfort of such person.

(15)"Verbal abuse" means the use of words, sounds, or other communication including, but not limited to:

(A) gestures;

(B) actions; or

(C) behaviors by a caretaker or other person providing services to a resident of a group home that is likely to cause a reasonable person to experience humiliation, intimidation, fear, shame, or degradation.

Okla. Admin. Code § 340:100-6-2

Added at 12 Ok Reg 409, eff 11-17-94 (emergency); Added at 12 Ok Reg 2491, eff 6-26-95; Amended at 24 Ok Reg 1046, eff 5-11-07