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 the Oklahoma Department of Human Services (DHS). 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 DHS.

(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. DHS is notified of changes in the legal basis for operation, ownership, or program name at least 30-calendar days prior to the changes.

(c)   Governing and 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, having selected and employed an executive director, may delegate to the executive director responsibility for program administration.

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

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

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

(4)   Board composition. The governing board represents the diversity of the community served.

(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 they establish local advisory boards meeting the requirements in (5) of this subsection.

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

(D)   Board members receive an orientation to board responsibilities on appointment.

(5)   Advisory board. A private, proprietary program without a governing board meeting the requirements in (1) - (4) of this subsection establishes an advisory board.

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

(B)   The advisory board provides advice and counsel to the program on the 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 DHS.

(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. Policy is reviewed annually by the governing board. Policy includes, but is not limited to, areas governing:

(1)   admission and discharge;

(2)   personnel;

(3)   volunteers;

(4)   programs;

(5)   grievance procedures approved by DHS 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 an activity for a resident.

(e)   Records and reports. The 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)   menus of food served to residents;

(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 as outlined in this subsection.

(1)   The program notifies Licensing on the next Oklahoma Department of Human Services (DHS) business day, in the event of:

(A)   temporary or permanent program closing;

(B)   executive director change;

(C)   liability insurance coverage changes;

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

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

(F)   a serious resident injury requiring emergency medical treatment by a licensed health care professional; or

(G)   a resident death.

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

[Source: 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 at 33 Ok Reg 1678, eff 9-15-16; Amended at 35 Ok Reg 1732, eff 11-1-18]