Okla. Admin. Code § 340:110-3-152

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

Section 340:110-3-152 - Organization and administration

(a)Intent statement. The residential child care program purpose or function is clearly defined in a statement filed with Oklahoma Human Services (OKDHS). The statement includes the:

(1) program philosophy;

(2) program goals and objectives;

(3) ages and characteristics of children accepted for care;

(4) geographical area served; and

(5) services provided.

(b)Organizational structure. The residential child care program legal basis or ownership is fully documented and submitted to OKDHS.

(1)Publicly operated program. Documentation identifies the program's statutory basis and the operating governmental entity administrative framework.

(2)Privately operated program. A privately operated program submits, the:

(A) charter, partnership agreement, constitution, articles of incorporation, or resolution authorizing the program's operation, as applicable; and

(B) names, titles, addresses, and phone numbers for:

(i) association members or corporate officers for a nonprofit program; and

(ii) owners, partners, or corporate officers for a proprietary program.

(3)Changes in ownership and program name. OKDHS is notified at least 30-calendar days prior to changes in the legal entity for operation, ownership, or program name.

(c)Governingand advisory board. A private, nonprofit program establishes a governing board and may also have an advisory board.

(1)Meetings. The governing board meets at least twice annually, maintaining accurate meeting minutes.

(2)Governing board responsibility. The governing board maintains ultimate responsibility for governing but may delegate program administration responsibility to the executive director.

(A) The board assumes joint responsibility with the executive director for general program and policy, funding, and minimum requirement compliance.

(B) The responsibilities and relationship between the board and the executive director are defined in the constitution and bylaws and submitted to OKDHS.

(3)Governing board members. Governing board members' names, titles, addresses, and phone numbers are submitted to OKDHS.

(4)Board composition. The governing board represents the community's diversity.

(A) The board is comprised of a minimum of three members.

(B) A majority reside in Oklahoma. Multi-state operations; however, may have a governing board outside of Oklahoma when establishing local advisory boards meeting requirements in (5) of this subsection.

(C) Program personnel cannot comprise a majority of the board's voting members.

(D) Upon appointment, board members receive board responsibility orientation.

(5)Advisory board. A private, proprietary program not meeting governing board requirements in (1) through (4) of this subsection establishes an advisory board.

(A) The advisory board meets at least twice annually.

(B) The advisory board provides program advice and counsel on policies and program operation, reflects local concerns, and represents the program to the community.

(C) Advisory board member names, addresses, and phone numbers are submitted to OKDHS.

(D) Program personnel cannot comprise a majority of the advisory board's voting members.

(E) A majority reside in Oklahoma.

(d)Administrative policy. Policy is clearly written, current, and available for residents, parents or legal custodians, personnel, and Licensing review. The governing board reviews policy annually. Policy at least, includes areas governing:

(1) admission and discharge;

(2) personnel;

(3) volunteers;

(4) programs;

(5) grievance procedures approved by OKDHS Office of Client Advocacy (OCA);

(6) behavior management;

(7) mandatory child abuse reporting;

(8) suicide awareness and protocol;

(9) medical services;

(10) medication administration and dosage;

(11) records confidentiality;

(12) a resident absent without permission;

(13) emergency procedures; and

(14) reasonable and prudent parent standard application, when approving resident activities.

(e)Records and reports. Records and reports maintained at the program and available for Licensing review are:

(1) resident's records;

(2) personnel records;

(3) criminal history investigation records;

(4) orientation and professional development records;

(5) residents' food menus;

(6) fire and tornado drill records;

(7) planned recreational, leisure, or physical exercise activities schedules;

(8) visitation records;

(9) transportation records; and

(10) resident's grievance records. These records are maintained for three years following the resident's discharge and in a confidential manner separate from resident's records, per OCA.

(f)Notifications. The program complies with the notification requirements in this subsection.

(1) The program notifies Licensing on the next OKDHS -business day of:

(A) temporary or permanent program closure;

(B) executive or program director change;

(C) liability insurance coverage changes;

(D) facility premises damage caused by fire, accident, or elements seriously affecting services provided;

(E) legal action against a program or personnel involving a resident or program operation;

(F) any time a resident receives emergency medical treatment by a licensed health care professional;

(G) incidents involving law enforcement, excluding residents absent without permission; or

(H) a resident death or near death, per Section 1-6-105 of Title 10A of the Oklahoma Statutues (10A O.S. § 1-6-105).

(2) Any person who has reason to believe a child was abused or neglected, per 10A O.S. § 1-1-105, is required to report the matter promptly to the OKDHS Child Abuse and Neglect Hotline at 1-800-522-3511, per 10A O.S. § 1-2-101. Failure to report is a misdemeanor offense and upon conviction is punishable by law. Failure to report with prolonged knowledge, six months or more, of ongoing abuse or neglect is a felony offense.

(3) Per 21 O.S. § 870, every person having reason to believe that a person or child-placing agency is engaging in the crime of trafficking in children, per 21 O.S. § 866, reports the matter promptly to the Oklahoma Bureau of Narcotics and Dangerous Drugs Control.

(4) OKDHS notifies programs of a substantiated finding of heinous and shocking abuse by a person responsible for a child's health, safety, or welfare, as defined, per 10A O.S. § 1-1-105. Upon receiving the notice, the facility owner or operator provides notification to parents or legal guardians of children attending the facility using an OKDHS-provided form.

(A) Notification is:

(i) immediately attempted but not later than 72 hours of notice receipt from OKDHS; and

(ii) provided by certified mail.

(B) The program maintains the list of notified parents and legal guardians for at least 12 months.

(5) When a resident is absent without permission, the resident's parents or legal custodian are immediately notified.

Okla. Admin. Code § 340:110-3-152

Amended at 10 Ok Reg 3663, eff 7-12-93; Amended at 15 Ok Reg 1489, eff 3-30-98 (emergency); Amended at 16 Ok Reg 1080, eff 4-26-99; 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 33 Ok Reg 146, eff 11-2-15 (emergency)

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. 11/1/2018

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

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024