Okla. Admin. Code § 340:110-1-15

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

Section 340:110-1-15 - Grievance policy and procedure

(a)Grievance policy. The child care or residential program, or child placing agency owner , director, or administrator may submit a grievance regarding the application of any written or unwritten policy, rule, or regulation of Child Care Services (CCS) or a CCS employee decision affecting the program or child-placing agency. Grievances must be received within 30-calendar days of the documented non-compliance, star criteria violation, or substantiated complaint allegation. A grievance is not accepted concerning an Emergency Order, request for license denial, license revocation, or Restricted Registry registration.

(b)Grievance procedure. Individuals wanting to submit a grievance are encouraged to seek informal resolution of his or her concerns by contacting the appropriate Licensing supervisor or programs supervisor for residential programs and child-placing agencies, who attempts to resolve the matter. Each grievance review level may have assigned designees.

(1) When a resolution cannot be reached at the local level or through verbal conversation with CCS State Office staff, the grievant is instructed to submit one written grievance request with the Licensing supervisor or programs supervisor. Grievances must be received within 15-calendar days of this communication. Written grievances are forwarded when additional reviews are requested.

(2) Licensing supervisor and regional programs manager (RPM) grievance level review processes for child care programs are in (A) through (B) of this paragraph.

(A) The Licensing supervisor:

(i) notifies the RPM and statewide licensing coordinator that a formal grievance was received and efforts made to resolve the issue;

(ii) responds to written grievances within 10-Oklahoma Human Services (OKDHS) business days of receipt; and

(iii) informs the grievant additional review requests must be received within 15-calendar days of the correspondence date.

(B) When the grievant is not satisfied with the proposed resolution, he or she may request RPM review. The RPM:

(i) responds to written grievances within 10-OKDHS business days of receipt; and

(ii) informs the grievant additional review requests must be received within 15-calendar days of the correspondence date.

(3) For residential programs or child-placing agency grievance review at the programs supervisor level, the programs supervisor:

(A) notifies the statewide licensing coordinator a formal grievance was received and efforts were made to resolve the issue;

(B) responds to written grievances within 10-OKDHS business days of receipt; and

(C) informs the grievant additional review requests must be received within 15-calendar days of the correspondence date.

(4) When the grievant is not satisfied with the proposed resolution, per (2) or (3) of this subsection, he or she may request statewide licensing coordinator review. The grievant is informed he or she may request Child Care Advisory Committee (CCAC) Peer Review Board review, prior to statewide licensing coordinator review. The statewide licensing coordinator forwards information to the Peer Review Board, when applicable or proceeds with the review.

(5) When applicable, the Peer Review Board responds to the statewide licensing coordinator with resolution advisement within 10-OKDHS business days of receipt.

(6) The statewide licensing coordinator notifies the grievant of the CCS decision within 10-OKDHS business days or, when applicable, 10-OKDHS business days of Peer Review Board advisement receipt. The grievant is informed additional review requests must be received within 15-calendar days of the correspondence date.

(7) When the grievant is not satisfied with the proposed resolution, he or she may request review by the CCS director, Senior Director of Child Services, and OKDHS Director (Director), or assigned designees respectively. The CCS director, Senior Director of Child Services, and Director or assigned designees each respond within 10-OKDHS business days of receipt. The grievant is informed additional review requests must be received within 15-calendar days of the correspondence date. The Director's or assigned designee's decision is final.

(c)Grievance procedures against a CCS employee. A child care or residential program, and child-placing agency may submit a grievance regarding a CCS employee who retaliated against a program or child-placing agency, or the employees. Grievances must be received within 30-calendar days of the alleged incident. Reports are investigated regardless of the grievant's decision to remain anonymous.

(1) The grievant is referred to the appropriate supervisor or programs supervisor, who attempts to resolve the matter.

(2) When the grievant is not satisfied with the proposed resolution at the supervisory level, the grievant is referred to the assistant licensing coordinator and, when applicable, not within the line of supervision of the involved Licensing staff. The assistant licensing coordinator:

(A) requests the allegations be submitted in writing; however, written submission is not required;

(B) investigates the allegations; and

(C) provides written investigation results to the grievant, when contact information is available.

(3) The assistant licensing coordinator's decision is final; however, the grievant may request the CCS director review the finding.

Okla. Admin. Code § 340:110-1-15

Amended at 10 Ok Reg 2369, eff 6-11-93; Amended at 11 Ok Reg 385, eff 10-15-93 (emergency); Amended at 11 Ok Reg 2773, eff 6-13-94; Amended at 13 Ok Reg 499, eff 11-14-95 (emergency); Amended at 13 Ok Reg 2663, eff 6-28-96; Amended at 16 Ok Reg 2527, eff 7-1-99; Amended at 16 Ok Reg 3511, eff 7-13-99 through 7-14-00 (emergency)¹; Amended at 18 Ok Reg 2144, eff 6-11-01; Amended at 19 Ok Reg 221, eff 11-1-01 (emergency); Amended at 19 Ok Reg 2274, eff 6-27-02; Amended at 24 Ok Reg 1351, eff 7-1-07; Amended at 27 Ok Reg 1869, eff 7-1-10; Amended at 29 Ok Reg 1229, eff 7-1-12; Amended at 32 Ok Reg 704, eff 1-1-16 (emergency)

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

Amended at 36 Ok Reg 181, eff 12-17-18 (emergency)

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/16/2019

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 11/1/2020

Amended by Oklahoma Register, Volume 39, Issue 15, April 15, 2022, eff. 6/1/2022.

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 9/15/2023

¹This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text of the Section is reinstated. Therefore, on 7-15-00 (after the 7-14-00 expiration of this emergency action), the text of 340:110-1-15 reverted back to the permanent text that became effective 7-1-99, as was last published in the 1999 OAC Supplement, and remained as such until amended by permanent action on 6-11-01.