Okla. Admin. Code § 340:110-3-146

Current through Vol. 42, No. 7, December 16, 2024
Section 340:110-3-146 - Definitions

The following words and terms, when used in this Part, shall have the following meaning, unless the context clearly states otherwise:

"Advisory board" means the entity offering advice and counsel on program operation.

"Age or developmentally appropriate" means per Section 1-1-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-105) suitable, developmentally appropriate activities for children of a certain age or maturity level based on the development of cognitive, emotional, physical, and behavioral capacities typical for the age group and the individual child.

"Basement" means an area of a building or structure having one-half or more of its clear height below grade level.

"Behavior management" means guidance providing a learning experience for the child contributing to developing the capacity for self-control, self-direction, and understanding of behavioral consequences.

"Chemical restraint" means medication prescribed by a health professional used to control behavior or to restrict freedom of movement and is not a standard treatment for the child's medical or psychiatric condition.

"Child" means an individual younger than 18 years of age.

"Child care personnel" means personnel, including part-time, on-call, and substitute personnel, providing direct care and supervision of residents. To be counted in ratios, personnel must be engaged in providing care and meeting the minimum qualifications.

"Children's services" means an educational program, child welfare agency, child-serving institution, child-placing agency, foster family home, hospital, or mental health treatment program serving children.

"Children's shelter" means a non-secure public or private residential program providing temporary care and supervision for children.

"Contracted personnel" means individuals performing program services not having an employee relationship with the program.

"Custodian" means the adult or agency legally responsible for the child, but does not mean the Oklahoma Department of Human Services (DHS).

"Department" means DHS.

"Family-style living program" means a residential program providing sustained care and supervision to residents in a home like environment not located in a building used for commercial activity.

"Food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.

"Governing board" means the entity with ultimate responsibility and authority for overall operation of a private, nonprofit program.

"Grievance process" means an identified procedure followed when a parent, child, or individual acting in the child's behalf, desires to document dissatisfaction regarding program operation.

"Health care professional" means a licensed physician, nurse practitioner, or physician's assistant, as defined by the appropriate state licensing board.

"House parent" means an individual or couple providing care and supervision, while meeting the physical, emotional, and social needs of residents residing in a family-style living program.

"Interstate Compact on the Placement of Children (ICPC)" means the process of ensuring protection and services to children placed across state lines.

"Licensed mental health professional" means an individual possessing the training, qualifications, and professional recognition in a mental health-related field having a license issued by the appropriate state board.

"Licensed social worker" means a social worker having a license issued by the State Board of Licensed Social Workers.

"Licensing requirements for residential child care facilities" means the regulations specified in this Part constituting the minimum requirements for residential programs.

"Mechanical restraint" means a device restricting movement or function of a child or portion of a child's body.

"On-call," or "substitute personnel" means personnel available to work during the absence of regular part-time or full-time personnel.

"Organizational structure" means the program legal basis or ownership.

"OSDH" means the Oklahoma State Department of Health.

"Parent" means an individual legally responsible for the child, such as a mother, father, legal custodian, or legal guardian.

"Physical restraint" means using the body to restrict movement or function of a child or portion of a child's body.

"Potentially hazardous foods" means food containing milk or milk products, eggs, meat, poultry, fish, shellfish, crustacean, or other ingredients in a form capable of supporting rapid and progressive growth of harmful microorganisms.

"Privately operated program" means a program owned and operated by an individual, partnership, corporation, or association that may be operated on a profit or nonprofit basis.

"Proprietary program" means a program operating on a for-profit basis.

"Psychotropic medications" means medications with well-demonstrated efficacy in the treatment of mental disorders through the modification of behavior, mood, and emotions.

"Publicly operated program" means a program operated by a governmental entity.

"Qualified Substance Abuse Professional (QSAP)" means an individual meeting the criteria established by the Oklahoma Department of Mental Health and Substance Abuse Services.

"Reasonable and prudent parent standard" means per 10A O.S. § 1-1-105, the standard characterized by careful and sensible parental decisions maintaining the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child and is used in determining whether to allow a child to participate in extracurricular, enrichment, cultural, and social activities. This standard is used by a representative of a group home where a child has been placed or a designated official for a residential child care facility where a child in foster care has been placed.

"Regimented residential program" means a military-style training program where residents are subject to a controlled and regimented environment affirming dignity of self and respect for others and includes physical training and discipline.

"Restricted Registry," also named "Joshua's List"

means a registry for individuals who are prohibited from licensure, ownership, employment, having unsupervised access to children, and/or residence in child care facilities per 10 O.S. § 405.3.

"Residential child care facility" means a 24-hour residential program where children live together with, or are supervised by, adults other than the child's parents or relatives.

"Residential treatment facility" means a program that cares for children under 24-hour medical care who have emotional, psychological, or mental disorders.

"Seclusion" means the involuntary confinement of a child in a room or area where the child is physically prevented from leaving.

"Secure care facility" means a program that cares for and supervises adjudicated children in a building where entering and exiting is prohibited through the use of internal or external locks or through secure fencing around the perimeter.

"Separation" means removing a child from the group or group activity as a method of behavior management.

"Serious incident" means any non-routine occurrence that has an impact on the care, supervision, or treatment of a child.

"Service plan" means a comprehensive individualized program of action based on the child's needs.

"Social services" means services that may include, but are not limited to, admission assessments, placement services, counseling, casework services to residents and the residents' families, service planning, and discharge planning.

"Social services staff" means program employees who provide social services.

"Specialized service professional" means an individual from an academic discipline or field of expertise who provides individualized services to a child, such as behavioral or physical therapists.

"Staff member" means an individual employed by or working for or with a residential child care facility on a regularly scheduled basis. This includes full-time, part-time, on-call, and substitute staff, whether paid or unpaid.

"Supervision of residents" means overseeing and guiding residents including awareness of and responsibility for the ongoing activity of each child.

"Support staff" means clerical staff, cooks, building custodians, and other personnel who provide support services to the program.

"Unsupervised access to children" means an individual being present with children without personnel present who has a complete criminal history review.

"Volunteer" means an individual who provides services to the program without compensation.

Okla. Admin. Code § 340:110-3-146

Amended at 10 Ok Reg 3663, eff 7-12-93; Amended at 18 Ok Reg 3331, eff 10-1-01 (emergency); Amended at 19 Ok Reg 1171, eff 5-13-02; Amended at 26 Ok Reg 2239, eff 7-1-09; Amended at 27 Ok Reg 1869, eff 7-1-10; Amended at 27 Ok Reg 2646, eff 6-21-10 (emergency); Amended at 28 Ok Reg 1669, eff 7-1-11
Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016
Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018