SECTION 340:110-3-154.1. Program

(a)   Rights of residents. The facility has current, written clients' rights policy that supports and protects all residents, which is available for residents, parents or custodians, staff, and licensing staff to review.

(1)   Each resident and family is informed, in a language they commonly use, of the facility's policies and procedures regarding his or her rights.

(2)   Each resident has a right to an individualized plan of care or treatment that focuses the services of the facility toward meeting the resident's needs. Each resident has the right to participate in the development of the plan.

(3)   The facility ensures resident's rights and responsibilities are protected regarding items listed in (A) - (P) of this paragraph.

(A)   Personal finances. Each resident is given the opportunity to have and handle money for personal use per the resident's service plan.

(B)   Personal possessions. Each resident is allowed to bring personal possessions to the facility and acquire personal belongings as permitted by facility policy and procedure.

(C)   Personal care and hygiene. Each resident is supplied with facilities and supplies for personal care, hygiene, and grooming.

(D)   Clothing. Each resident possesses adequate, clean, well-fitting, and seasonable clothing and has a safe place to keep it.

(E)   Community activities. Each resident has the right to community contacts and opportunities for participation in the local community per the resident's service plan.

(F)   Telephone contacts. Each resident has access to a telephone to initiate and receive uncensored personal calls per facility policy and procedure. The residents have access to an attorney and authorized representative of the referring agency.

(G)   Mail. Resident's letters, both incoming and outgoing, are not opened unless there is suspicion of contraband. When correspondence is opened, the resident is informed in advance, and is present when the letter is opened. This action is documented.

(H)   Restrictions. Any restrictions placed on communications are explained to the resident and clearly documented.

(I)   Publicity. Consent is obtained by the facility from the resident and the resident's parents or custodian prior to the use of any publicity about or related to the resident.

(i)   Residents are not caused embarrassment by any publicity or promotional materials.

(ii)   Residents are not forced to acknowledge their dependency on the facility or their gratitude to it.

(J)   Grievance. Residents and parents or custodians have the right to file a grievance.

(K)   Religious training. Each resident is provided an opportunity to participate in religious services.

(L)   Work. Each resident is taught good work habits and is provided with a variety of tasks. Whenever possible, residents earn money through work. Residents are never substituted for employed staff.

(M)   Safety. Adequate measures are taken to prevent accidents and to avoid health and safety hazards.

(N)   Activities. The program provides each resident regular opportunities to engage in age appropriate or developmentally appropriate activities.

(O)   Recreation. Each resident is given time to pursue talents, hobbies, and chosen interests per the resident's service plan.

(i)   The facility provides a balanced on- or off-grounds recreational program.

(ii)   A written schedule of planned recreational, leisure, or physical exercise activities is developed with input from staff members and residents and is kept on file and available for licensing staff to review.

(P)   Sleep. The facility provides adequate time and facilities for proper rest and sleep commensurate with each resident's age, health needs, safety, and activities.

(b)   Visitation. The facility provides the residents and parents or custodian the opportunity for on- or off-campus visits per each resident's service plan.

(1)   A record is kept of all visits.

(2)   Reasons for visitation restrictions are explained to the resident and parents or custodian, documented in the resident's record, and reviewed every six months.

(3)   Residents have access to their attorney and the referring agency authorized representative.

(c)   Education. The facility has a clearly written policy that describes the plans for meeting educational needs of residents.

(1)   Training and education are available to meet each resident's abilities.

(2)   The facility ensures school-age residents receive the educational instruction they are entitled under provisions of federal and state education laws and regulations.

(3)   Education is provided in or by a public school or a private school.

(4)   The facility ensures any resident who is legally not attending school is either gainfully employed or enrolled in a high school equivalent General Education Development (GED) program or in a training program that teaches necessary life skills or methods of job acquisition.

(5)   Tutoring is provided or arranged by the facility for residents, as needed.

(d)   Care of children birth to 5 years of age. Programs caring for children birth to 5 years of age provide age or developmentally appropriate activities and equipment. Staff responsible for the care of these children are trained in age or developmentally appropriate practice.

[Source: Added at 18 Ok Reg 3331, eff 10-1-01 (emergency); Added 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]