Okla. Admin. Code § 340:110-5-6

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

Section 340:110-5-6 - Organization and administration

(a)Purpose. The child-placing agency (agency) purpose or function is clearly defined in a statement filed with Licensing. This includes the philosophy, goals and objectives, ages and children accepted for care characteristics, geographical service area, and services provided.

(b)Organizational structure. The agency's legal basis or ownership is fully documented and submitted to Licensing with the initial request for license.

(1)Publicly-operated agency. Documentation of a publicly-operated agency identifies the agency statutory basis and the governmental entity administrative framework operating the agency.

(2)Privately-operated agency. A privately-operated agency submits:

(A) as applicable, the charter, partnership agreement, constitution, and articles of incorporation resolution authorizing the agency operation;

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

(i) nonprofit agencies' association members or corporate officers; or

(ii) for-profit agencies' owners', partners', or corporate officers';

(C) the physical address in Oklahoma where child-placing business is conducted; and

(D) a notification informing Licensing prior to any change in the legal basis for operation or ownership.

(c)Governing and advisory boards. Private, nonprofit agencies establish a governing board and may also have an advisory board. Private, for-profit agencies without a governing board have an advisory board.

(1) The governing board:

(A) meets at least twice annually and maintains accurate meeting minutes;

(B) maintains ultimate responsibility for governing and delegates responsibility for agency administration to the executive director;

(C) specifies in the constitution and bylaws the relationship and responsibilities between the governing board and executive director, and submits them to Licensing;

(D) submits to Licensing a current list of names, titles, addresses, and phone numbers of the governing board members;

(E) members receive an orientation to board responsibilities on appointment; and

(F) is composed of a minimum of five members, the majority of whom:

(i) are not agency personnel; and

(ii) reside in Oklahoma. Multi-state operations may have a governing board outside Oklahoma when they establish local advisory boards meeting the requirements in this subsection.

(2) The advisory board:

(A) meets at least twice annually;

(B) the member majority:

(i) are not agency personnel; and

(ii) reside in Oklahoma; and

(C) provides advice and counsel to the agency on the policies and agency operation, reflects local concerns, and represents the program to the community; and

(D) submits to Licensing a current list of advisory board members' names, addresses, and phone numbers.

(d)Policy. Policy requirements in (1) and (2) of this subsection are met.

(1) Agency policy:

(A) is clearly written and kept current;

(B) includes, at a minimum, areas governing personnel, admission, program, behavior management, and care of children; and

(C) is available at the agency for Licensing review.

(2) The agency maintains current written policy and procedure regarding:

(A) a child's absence without permission. When a child is not located, the agency immediately notifies the child's custodian and the appropriate law enforcement agency. Efforts to locate the child and notify appropriate individuals are documented;

(B) grievance issues related to children. Grievance policy and procedure are explained, and a copy is provided to each child and the child's parents or custodian;

(C) religious training made known to the child and family prior to admission or placement. All children are provided an opportunity to participate in religious services;

(D) the care of children, including medical services and safe transportation by personnel, volunteers, and foster parents, that complies with all applicable state laws; and

(E) reporting child abuse and neglect, per Section 1-9-119.1 of Title 10A of Oklahoma Statutes (10A O.S. § 1-9-119.1).

(e)Notifications. Notifications are required in (1) through (3) of this subsection.

(1) The agency notifies Licensing:

(A) prior to or within 30-calendar days of an address change;

(B) on the next agency business day when:

(i) the agency is temporarily or permanently closed;

(ii) the executive director changes;

(iii) damage to the premises caused by fire, accident, or the elements seriously affects services;

(iv) changes to liability insurance coverage are made; or

(v) a child death occurred while the child was in care; and

(C) prior to making any program change.

(2) The agency submits a detailed written report for a serious incident involving personnel or children including, but not limited to:

(A) suicide attempts;

(B) injuries requiring medical treatment;

(C) runaways;

(D) a crime committed;

(E) abuse, neglect, mistreatment, or human trafficking allegations; and

(F) the incident date and time, personnel and children involved, the incident nature, and surrounding circumstances are included in the report.

(i) 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 Oklahoma Human Services (OKDHS) Child Abuse and Neglect Hotline, 1-800-522-3511, per 10A O.S. § 1-2-101.

(ii) Failure to report abuse or neglect of a child 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.

(iii) 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.

(3) OKDHS notifies agencies 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. When applicable, the agency owner or operator provides parents or legal guardian notification 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 agency maintains the list of notified parents and legal guardians for at least 12 months.

(f)Records. Agency records pertaining to child-placing activity are maintained within the state of Oklahoma and are made immediately accessible to authorized DHS representatives.

(g)Legal compliance. The agency follows all applicable state and federal laws, including:

(1) The Oklahoma Adoption Code, 10 O.S. §§ 7501-1.1 through 7505-7.2 et seq.;

(2) The Interstate Compact on the Placement of Children, 10 O.S. §§ 571 et seq.; and

(3) Federal and state Indian Child Welfare Acts, Section 1901 et seq. of Title 25 of the United States Code and 10 O.S. §§ 40 through 40.9.

Okla. Admin. Code § 340:110-5-6

Amended at 10 Ok Reg 2273, eff 6-11-93; Amended at 13 Ok Reg 997, eff 1-24-96 (emergency); Amended at 13 Ok Reg 2663, eff 6-28-96; Amended at 15 Ok Reg 764, eff 11-10-97 (emergency); Amended at 15 Ok Reg 1727, eff 5-11-98; Amended at 23 Ok Reg 1092, eff 6-1-06; Amended at 26 Ok Reg 415, eff 11-20-08 (emergency); Amended at 26 Ok Reg 2239, eff 7-1-09; Amended at 27 Ok Reg 1869, eff 7-1-10; 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 37, Issue 24, September 1, 2020, eff. 11/1/2020

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