SECTION 135:10-24-3. Certification process

(a)   Definitions.

(1)   Commission means the Oklahoma Commission on Children and Youth.

(2)   Manager or Operator means the representative of the Department of Human Services who has been given authority to act on behalf of the state-operated children's shelter.

(3)   State-operated children's shelter means the Laura Dester Shelter, the Pauline E. Mayer Shelter, the Pauline E. Mayer Annex, or any other shelter operated by the Oklahoma Department of Human Services.

(b)   Types of issuances.

(1)   Six-month temporary certification. State-operated children's shelters may be granted a six-month temporary certification if documentation does not show compliance with all critical certification requirements.

(2)   Certification. State-operated children's shelters may be granted an operating certification that is valid for twelve months from the date of its issuance when certification staff determines that the shelter is operating in a compliance with its own policy and procedures and in compliance with current Oklahoma Department of Human Services Licensing Requirements for Residential Child Care Facilities and any additional Commission requirements.

(c)   Case Management.

(1)   Periodic visits.

(A)   Certification staff annually shall conduct one unannounced visit to each state-operated children's shelter to document compliance with all certification requirements and at least two announced visits to monitor compliance with certification requirements.

(B)   During each unannounced compliance visit, certification staff shall:

(i)   Observe the entire facility, including outdoor play space and vehicles used for transportation, if available, and

(ii)   Check resident files and staff files, insurance verifications, and fire and health inspections within the preceding twelve months for compliance with certification requirements.

(C)   During each announced monitoring visit, certification staff shall:

(i)   Provide technical assistance to facility personnel to meet and maintain certification requirements;

(ii)   Consult with facility personnel to meet and maintain certification requirements and improve the quality of care at the facility.

(2)   Forms. The OCCY Certification staff shall used standardized certification forms available for public inspection and copy at www.okkids.org.

(3)   Reports. The OCCY Certification staff annually shall issue two monitoring reports and one compliance report..

(4)   Oklahoma Department of Human Services, Office of Client Advocacy Reports (OCA). The OCCY Certification staff shall review all referrals to OCA that concern the state-operated children's shelters and all investigation reports issued by the OCA to ensure compliance by the state-operated children's shelters with certification requirements.

(d)   Non-compliance with requirements.

(1)   Documentation of non-compliance. The licensing staff shall document clearly and concisely on the monitoring reports and the compliance report areas of non-compliance and the discussion with the operator.

(A)   A plan of correction, including an agreed-upon time period for correction of the non-compliance, shall be documented on the monitoring report for each area of non-compliance.

(B)   Immediate correction shall be required when the non-compliance has a direct impact on the health, safety, or well-being of a child or children in care.

(C)   The certification staff shall request that the operator sign the monitoring reports and the compliance report, explaining that the operator's signature indicates acknowledgment of information recorded.

(D)   If the person in charge refuses to sign, the refusal shall be documented on the report.

(E)   The operator shall be given a copy of the completed report.

(2)   Referrals to fire and health officials. If non-compliance regarding fire or health requirements places children at risk of harm or remains uncorrected, the certification staff shall request an inspection by a fire, health, or Oklahoma Department of Environmental Quality (ODEQ) official.

(3)   Case management responses to non-compliant facilities. The responses in this subsection may be used when there is repeated, numerous, or serious non-compliance with certification requirements.

(A)   Technical assistance. Technical assistance is offered along with referrals to consultants or training resources, if necessary, to assist the operator in meeting and maintaining certification requirements.

(B)   Follow-up phone call. Phone calls are documented on OCCU standardized forms.

(C)   Non-compliance letter. A non-compliance letter may be written to the operator. The certification staff shall send a copy of the report and the non-compliance letter to the operator's supervisor.

(D)   Return monitoring visit. A return monitoring visit may be made if there is repeated, numerous, or serious non-compliance with certification requirements or when non-compliance places children at imminent risk of harm. If the non-compliance is associated with a specific time of day, such as understaff after school or a lack of early morning supervision, the return visit shall be made at that approximate time.

(E)   Use of witnesses. The certification staff may be accompanied by a witness during monitoring visits if the facility has had numerous, repeated, or serious areas of non-compliance or if denial or revocation of the license is being considered. The witness may be an OCCY employee or representative from the health or fire department. The witness shall sign the monitoring report in the space provided.

(F)   Increased monitoring visits. Certification staff may increase the frequency of monitoring when there have been numerous, repeated or serious areas of non-compliance or when the need for additional technical assistance is indicated.

(G)   Notice to comply. The certification staff shall provide the facility with a notice to comply, and the facility shall document the plan of correction. Immediate correction may be required if the area of non-compliance places the health, safety, or well-being of a child or children in care at risk.

(i)   If the plan submitted by the operator is unacceptable to the certification staff, the staff shall negotiate and document a revised plan.

(ii)   If the operator does not submit a response within a reasonable time period, the certification staff shall contact the operator and document the conversation. If concerns exist or he operator is uncooperative, the certification staff shall send a letter stating that failure to respond may result in denial or revocation of certification.

(H)   Office conference. The certification staff may schedule an office conference with the operator of the facility. Areas of non-compliance and progress toward meeting the plan(s) of correction shall be reviewed and technical assistance shall be offered. The conference shall be documented.

(I)   Consent agreement. OCCY and the operator of the facility may enter into a consent agreement whereby the facility agrees to specific conditions in lieu of certification denial or revocation.

(J)   Revocation. The certification staff may recommend that the certification be denied or revoked when numerous, repeated, or serious non-compliance with requirements has been observed and documented or the facility has failed to adequately protect children.

(4)   Case management responses when children are at risk. If the certification staff documents a situation where children may be at imminent risk of harm, or if the Office of Juvenile System Oversight is investigating a complaint that children may be at imminent risk of harm, the certification staff may consider the following options:

(A)   The operator shall be asked to immediately correct the situation where children may be at risk of harm.

(B)   The operator may agree to enter into a consent agreement whereby the facility shall agree to specific conditions.

(C)   The certification staff may recommend that the certification be denied or revoked when the operator fails to take necessary steps to eliminate the situation giving rise to the imminent risk of harm.

(e)   Denial or revocation process.

(1)   Certification staff shall submit recommendation to deny or revoke facility certifications to the OCCY Director or the OCCY Director designee.

(2)   Facility operators shall submit responses to recommendations to deny or to revoke facility certifications to the OCCY Director or the OCCY Director designee.

(3)   The OCCY Director or the OCCY Director designee shall be the final decision maker regarding recommendations to deny or to revoke facility certifications.

(4)   Facility operator may appeal certification denial or certification revocation final decisions to the Commission.

(f)   Complaint procedure. All complaints received by OCCY concerning the state-operated children's shelters shall be referred to the OCCY Office of Juvenile System Oversight.

(g)   Public inspection of certification files.

(1)   Legal basis. The Oklahoma Commission on Children and Youth (OCCY) is subject to the Oklahoma Open Records Act. Section 24A.1 et. seq. of Title 51 of the inspection unless they are required by law to be kept confidential.

(2)   Certification records. All OCCY records of facilities required to be certified under Section 601.3 of Title 10 of the Oklahoma Statutes that are considered public records shall be open and available for public inspection during reasonable hours.

(3)   Location of case records. Certification records shall be located in the OCCY office and shall be inspected at that location. Certification records shall be inspected in the presence of certification staff. The OCCY office is located at 500 N. Broadway Ave., Suite 300, Oklahoma City, Oklahoma.

(4)   Preparation of case files for inspection. The certification staff carefully shall review the entire record and shall remove confidential information.

(5)   Release of confidential information. Confidential information shall only be released as provided by statute.

[Source: Added at 27 Ok Reg 281, eff 10-02-09 through 7-14-10 (emergency); Added at 27 Ok Reg 2470, eff 7-25-10]

Note

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the text of the Section is no longer effective. Therefore, on 7-15-10 (after the 7-14-10 expiration of the emergency action), the text of section 135:10-24-3 was no longer effective, and remained as such until added again by permanent action on 7-25-10.