SECTION 340:2-3-45. Grievance system protocols

(a)   Legal authority, scope, and purpose.

(1)   Legal authority.

(A)   Sections 1-9-112 and 1-9-120 of Title 10A of the Oklahoma Statutes (10A O.S. §§ 1-9-112 and 1-9-120) confer on the Office of Client Advocacy (OCA) the responsibility to establish and maintain a fair, simple, and expeditious grievance system for resolution of grievances of:

(i)   all children in Oklahoma Department of Human Services (DHS) custody regarding:

(I)   the substance or application of any DHS policy or rule; or

(II)   any decision or action by an employee or agent of DHS, or of any child in DHS custody;

(ii)   foster parents, when related to the provision of foster care services, per 10A O.S. §§ 1-9-112 and 1-9-117; or

(iii)   all persons receiving DHS Developmental Disabilities Services (DDS) services.

(B)   10 O.S. § 1415.1(A)(2) requires that DHS establish an ombudsman program for each institution and residential facility for the intellectually disabled operated by DHS, including an appeals procedure for the resolution of grievances and complaints of residents, their parents, and court-appointed guardians. DHS conferred this responsibility on OCA.

(C)   DHS conferred OCA with the responsibility for grievance systems for other clients listed in (2) of this subsection.

(2)   Scope. OCA administers and monitors grievance programs for the individuals listed in (A) through (H) of this paragraph, collectively referred to as the "client" throughout this Section and Oklahoma Administrative Code (OAC) 340:2-3-46. Further grievance details for:

(A)   children in DHS custody regardless of placementare found at OAC 340:2-3-47 through 340:2-3-49;

(B)   DHS approved foster parentsare found at OAC 340:2-3-50;

(C)   residents of the Robert M. Greer Center (Greer)are found at OAC 340:2-3-51;

(D)   Hissom class membersare found at OAC 340:2-3-52;

(E)   other clients receiving services in the community from DHS Developmental Disabilities Services (DDS)are found at OAC 340:2-3-53;

(F)   residents of group homes for persons with developmental or physical disabilities due to a developmental disability subject to 10 O.S. § 1430.1 et seq., OAC 340:2-3-54; and

(G)   clients receiving DHS services who want to file a grievance about a problem, concern, or complaint for which another grievance system within DHS does not existare found at OAC 340:2-3-55.

(3)   Purpose. The purpose of OCA grievance policies is to provide clients a fair, simple, effective, and timely system of problem resolution with access to procedures where clients may obtain a thorough review, fair consideration, and correction, when appropriate. These policies also ensure that persons filing grievances are free from restraint, reprisal, or discrimination. To further this purpose, OCA independently reviews and monitors the implementation of grievance programs subject to this Section.

(4)   Informal problem resolution. Clients have the right to file grievances; however, resolving problems and concerns informally before filing a grievance is encouraged. Not all client inquiries and requests for explanation are considered grievances. Most are resolved within the relationship between clients and DHS, providers, and facility staff. Efforts are made at the local level to resolve issues and reach a consensus with the client on a plan of action to resolve the problem informally unless the client chooses to proceed with the grievance process.

(b)   Definitions. In addition to the definitions in OAC 340:2-3-2, the following words and terms when used in Part 5, OAC 340:2-3-45 through 340:2-3-55, shall have the following meanings, unless the context clearly indicates otherwise:

(1)   "Area manager" means a manager of one of the three service delivery areas, designated by DHS DDS.

(2)   "Business day" means Monday through Friday, not including federal or state holidays.

(3)   "Child-placing agency" means an agency that arranges for or places a child in a foster family home, group home, adoptive home, or successful adulthood program.

(4)   "Client" means any of the individuals listed in (a) of this Section, on whose behalf OCA maintains a grievance system.

(5)   "Complaint" means a report communicating a grievance, concern, or perceived harm, submitted by phone, email, or in writing by the foster parent to the Office of Juvenile System Oversight (OJSO) of the Oklahoma Commission of Children and Youth (OCCY). If not submitted in writing, the complaint is entered into the written format established by OCA and OJSO.

(6)   "Contested grievance" means a grievance that was not resolved at the local level (first and second levels), and at the request of the grievant or decision-maker, is submitted to a higher authority for response.

(7)   "Decision-maker" means the person with authority to decide to accept a proposed resolution at each level of the grievance process; typically, the client who filed the grievance or on whose behalf a grievance was filed. For clients unable to advocate for themselves, such as young children and persons with severe cognitive limitations, the decision-maker is a person who speaks on the client's behalf, depending on the circumstances and the nature of the decision.

(A)   With regard to minors, the decision-maker may be a parent, guardian, guardian ad litem, foster parent, or a legal custodian appointed by a court.

(B)   With regard to adult DDS clients, the decision-maker may be a guardian or the client's personal support team.

(C)   When the grievant is not the decision-maker, the local grievance coordinator (LGC) does not inform the grievant when the proposed resolution is issued or if it was accepted or rejected. The decision-maker may share this information with the person grieving on behalf of the client.

(8)   "Deputy director" means a director of one of the five regional delivery areas designated by DHS CWS.

(9)   "Discrimination" means differential treatment, such as conduct, actions, or decisions based on race, color, national origin, sex, religion, age, or disability, unless authorized by law.

(10)   "District director" means a director of a district within one of the regional delivery areas, designated by DHS CWS.

(11)   "Due date" means the date a response or action is required, such as the date a respondent must respond to a grievance. When calculating the due date, the first day of the period computed is not included and only business days are included. When the last day of the period computed is a Saturday, Sunday, or legal holiday, the period runs until the end of the next business day.

(12)   "Email" communication with OCA or with the advocate general means an email sent to the email address: [e-mail].

(13)   "Grievant" means a client or the person who files a grievance on behalf of a client.

(14)   "Local grievance coordinator" or "LGC" meansregarding:

(A)   minors in DHS custody who live in a residential facility, the individual designated by the facility as its grievance coordinator;

(B)   minors in DHS custody who do not live in a residential facility, including minors in foster care, the individual designated as LGC in the DHS county office where the grievant resides;

(C)   DDS Greer clients or the OCA advocate assigned to the facility;

(D)   DDS clients who are pursuing a grievance with a provider of residential, vocational, or in-home supports, the individual designated by the provider as its grievance coordinator; and

(E)   other DDS clients, the applicable DDS area manager, or the area manager's designee.

(15)   "OCA grievance liaison" means the individual(s) designated by the advocate general to coordinate and monitor contested grievances and local grievance programs.

(16)   "Respondent" means the person at each level in the grievance process, who has the responsibility for reviewing the grievance and proposing a resolution to resolve the grievance.

(c)   Grievances.

(1)   "Grievance" means a problem or concern with which an individual needs assistance to resolve, including a complaint of unfair treatment. At the request of a client, an unresolved problem, concern, complaint, or dispute is processed as a grievance. When a client verbally communicates a complaint to a DHS employee or a facility or provider employee that is not resolved, the client is informed of the right to have the problem or concern processed as a grievance. At the request of the client, the employee prepares a written statement of the client's complaint or refers the client to the local grievance coordinator for assistance.

(A)   Facility or provider grievances. The subject of a facility grievance or a provider grievance includes:

(i)   the substance or application of policy, rule, or regulation, written or unwritten, of a DHS-operated shelter or residential facility for minors, a facility, agency, or provider that contracts with DHS, or a child-placing agency; or

(ii)   a decision, act, or omission of an employee, agent, or contractor of such a facility, or any client residing in the same placement setting.

(B)   DHS grievances. The subject of a DHS grievance includes:

(i)   the substance or application of policy, rule, or regulation, of DHS, but does not include policies, rules, and regulations of DHS-operated shelters and residential facilities for minors;

(ii)   a decision, act, or omission of an employee in a DHS-operated facility; and includes case managers, CW specialists, and county office employees; or

(iii)   a facility grievance filed by a Greer resident.

(C)   Placement grievances. A placement grievance is defined in (b) of this Section.

(2)   Summary dispositions. When a grievance is submitted and it falls into subparagraphs (A) through (K) of this paragraph, when appropriate, the LGC contacts the client to provide assistance to the client, as needed, in rewriting the grievance to state the problem(s) or concern(s) the client wants to grieve. When it is determined the client is asking to grieve a problem or concern covered by any of the categories in (A) through (K) of this paragraph, the LGC informs the client why the grievance is not being processed, using Forms 15GR012E, Notice of Summary Disposition of Grievance - DHS County Offices; 15GR013E, Notice of Summary Disposition of Facility Grievance; 15GR014E, Notice of Summary Disposition of Grievance - Developmental Disabilities Services (DDS) Clients; 15GR015E, Notice of Summary Disposition of Developmental Disabilities Services (DDS) Provider Grievance; or 15GR016E, Notice of Summary Disposition of Foster Parent Grievance; as applicable. Notices of Summary Disposition for an approved Foster Parent are located at OAC 340:2-3-50. The LGC writes the reason on the bottom of Form 15GR001P (paper version) or 15GR001E (electronic version), Grievance Form, and dates and signs the form. The grievance is logged on Form 15GR009E, Grievance Tracking Log. The form used to notify the grievant, with a copy of the grievance form, is sent within three business days to the advocate general for review, and the original is filed in the grievance file. Within three business days of receipt, the OCA grievance coordinator reviews the grievance. When the OCA grievance liaison determines the grievance was improperly given a summary disposition, the OCA grievance liaison informs the LGC who immediately processes the grievance. When the OCA grievance liaison concurs with the summary disposition, the OCA grievance liaison informs the LGC in writing.

(A)   Untimely grievances. A grievance not timely filed per OAC 340:2-3-45(g) may be accepted and processed when good cause exists for the delay in filing the grievance. There are no time limits for filing grievances on behalf of individuals served by DHS DDS.

(B)   Discrimination based on race, color, national origin, sex, age, religion, or disability, unless authorized by law. When a grievance alleges discrimination or other civil rights matters, the client is referred to the DHS Office for Civil Rights (OCR) and the LGC immediately forwards the grievance to the DHS OCR administrator and informs the grievant.

(C)   A moot problem. A moot problem is one that was decided or settled or one that has no practical resolution, such as a placement grievance with regard to a child who is no longer in DHS custody or a grievance with regard to an event that was in the future but is now in the past, or when the dispute about the event is unlikely to occur again with regard to this client.

(D)   Duplicative grievances. A grievance that duplicates another pending grievance in the same grievance system, by or on behalf of the client involving the same incident or problem is a duplicative grievance.

(E)   Requests that violate laws. A grievance that requests an actionthat violates federal or state law.

(F)   Collateral complaint. A collateral complaint does not involve a problem concerning the client who filed or on whose behalf the grievance was filed.

(G)   Remote grievances. The grievance requires action by an individual or an entity when DHS does not have authority or control, such as a grievance about the action of a public school teacher, a guardian, or a physician in private practice. In these situations, the LGC assists the grievant with use of external grievance or complaint systems that may be available regarding the subject of the grievance.

(H)   Pending proceedings. The grievance involves a matter that is the subject of a decision of a court or administrative hearing, pending civil, criminal, or administrative proceeding or the subject of a pending OCA, Office of Inspector General, or CWS investigation.

(I)   Investigative findings. The results of an investigation regarding abuse, neglect, verbal abuse, caretaker misconduct, or exploitation cannot be grieved.

(J)   Fair hearing decisions. The results of a fair hearing cannot be grieved.

(K)   Frivolous grievances. A frivolous grievance does not state a complaint or problem of any substance. Before declining to process a grievance of this nature, the LGC contacts the grievant to inquire if the grievant needs assistance in submitting a substantive grievance.

(3)   Documenting exclusions. When a grievance is submitted and it falls into an excluded category listed in (2)(k) of this subsection, the LGC dates and signs Form 15GR001P as received, and notes on the form the reason he or she does not process it. The grievant is informed of the reason and decision. The grievance is logged on Form 15GR009E and is filed in the client's grievance file. The LGC sends copies of Form 15GR001P (paper version) or 15GR0014E (electronic version) and the applicable Notice of Summary Disposition to the advocate general or the advocate general's designee for review.

(4)   Who may file a grievance. A grievance may be filed by any client listed in subsection (a) of this Section. A grievance may also be filed by or on behalf of a client, by any person who knows the client and is interested in the client's welfare including, but not limited to, a parent, guardian, relative, foster parent, court appointed special advocate, guardian ad litem, case manager, personal support team member, job coach, or others including DHS employees and employees of residential, in-home supports, and vocational providers.

(5)   Group grievances. Grievants whose complaints address the same issue(s) may file a group grievance. At any time during the processing of a group grievance, an individual grievant may withdraw. When separate grievances are filed by two or more grievants, regarding an identical issue, the interests of each grievant are identical, and the grievants do not object, a LGC can combine the grievances for processing as a group, provided this does not unduly delay the processing of a particular grievance. When multiple grievances are grouped for processing, the LGC informs each grievant of the action. When a group grievance is filed, the LGC may ask the grievants to designate a spokesperson for the group in writing.

(6)   Grievances involving reportable incidents. When a grievance alleges a reportable incident including, but not limited to, facts that constitute abuse, neglect, exploitation, or caretaker misconduct, per OAC 340:2-3-2 the LGC immediately reports the allegation to the State Abuse Hotline for children or to the OCA intake for vulnerable adults. A grievance involving a reportable incident may be processed during a pending investigation provided the grievance does not interfere with the investigation and as needed, is held in abeyance pending the conclusion of the investigation. When the grievance alleges additional facts that do not constitute abuse, neglect, exploitation, or caretaker misconduct, the grievance is processed as to those facts. The LGC contacts OCA and other law enforcement agencies investigating the matter to coordinate grievance processing.

(d)   Grievance policies required. Every provider and facility providing services to a client per OAC 340:2-3-45(a)(2) who is living in Oklahoma, is required to operate a system for grievance resolution by clients using policies and procedures meeting the requirements of this Part.

(1)   Designation of LGC.

(A)   Every public and private facility and provider subject to Part 5, OAC 340:2-3-45 through 340:2-3-55, every DHS county office, and every DDS area office designates an employee to serve as LGC to carry out the responsibilities described in this Section. Facilities and providers inform the advocate general of the name, phone number, mailing and email addresses of its LGC, and of changes to the information within 30-calendar days of the effective date of a change on Form 15GR021E, Designation of Local Grievance Coordinator-Facilities and Provider Agencies, and submit it to OCA. The OCA advocate assigned to Greer serves as the LGC for Greer. The LGC is an individual who:

(i)   implements grievance policies and procedures;

(ii)   has experience with the programs and functions of the facility, provider, county office, or DDS area office;

(iii)   functions impartially and independently in grievance processing;

(iv)   reports directly to the facility administrator with regard to the LGC grievance duties and functions;

(v)   within 60-calendar days of LGC designation, completes the online OCA Grievance Course;

(vi)   ensures that client requests regarding how to file a grievance are responded to within two business days; and

(vii)   is accessible and available to meet with grievants in person.

(B)   Each facility, provider, DHS county office, and each DDS area office subject to this Part, displays a poster notifying clients of its grievance system and the name of its LGC, in a conspicuous place to clients, using Form 15GR017E, Grievance Poster - Child Welfare Services Contracted Facilities; Form 15GR018E, Grievance Poster - Oklahoma Department of Human Services (DHS) Child Welfare Services; Form 15GR019E, Grievance Poster - Developmental Disabilities Services (DDS) Providers; or 15GR020E, Grievance Poster - Oklahoma Department of Human Services (DHS) Developmental Disabilities Services (DDS) Offices, as applicable.

(2)   Advocate general review of grievance programs. The grievance system operated by each facility and provider per Part 5, OAC 340:2-3-45 through 340:2-3-55, is subject to advocate general approval. Each provider and facility other than a DHS-operated facility is required to submit, its grievance policies, procedures, forms, and adopted revisions, with proof that the policies or revisions were approved by the applicable approving authority to the advocate general. Revised policies are submitted to the advocate general for approval within 30-calendar days of the provider or facility adopting the revised policy.

(3)   Notifying clients of their grievance rights. Each client covered by these grievance policies is notified of his or her right to, and how to, access the grievance resolution procedures using Form 15GR004E, Notice of Grievance Rights - Minors in DHS Custody; Form 15GR005E, Notice of Grievance Rights - Children in DHS Custody and Care; Form 15GR006E, Notice of Grievance Rights - DDS Service Recipients (General); Form 15GR007E, Notice of Grievance Rights - Hissom Class Members; or Form 15GR008E, Notice of Grievance Rights - Foster Parents, as applicable. Hissom class members are provided notice per OAC 340:2-3-52. Each provider or facility annually notifies the client, and the guardian when applicable, in writing of the right to file a grievance and how to access the grievance resolution procedures. Providers or facilities use applicable Forms 15GR004Eor 15GR006E. In addition, providers are encouraged to provide a simplified version of their grievance policies using language appropriate to the clients'age level and cognitive functioning.

(4)   Monitoring and evaluation. OCA ensures the quality of grievance systems by establishing minimum standards and a monitoring program. The advocate general and OCA staff have immediate and unlimited access to clients, staff, facility files, records, and documents relating to grievance procedures and practices.

(5)   Reporting deficiencies. An LGC who becomes aware of a deficiency in a grievance system including a failure to follow or implement the grievance policy, must report it to the advocate general by phone, fax, or email.

(6)   Advocate general deficiency report. When the advocate general determines a deficiency exists in the grievance system of a facility or agency provider, the advocate general sends a deficiency report to the administrator and, when applicable, the State Office administrator.

(7)   Advocate general grievance. The advocate general may, on behalf of any or all clients served by the grievance policy in this Section originate a grievance. An advocate general grievance is filed with the provider or facility administrator or the State Office administrator and processed as a contested grievance.

(8)   Advocate general report.

(A)   The advocate general may initiate an inquiry on behalf of any client as defined in (a) of this Section regarding:

(i)   any aspect of the care of a client that effects the quality of the client's life;

(ii)   the substance, application, or interpretation of policy, rule, of a DHS-operated shelter or residential facility, a facility or agency that contracts with DHS, or a placement provider; or

(iii)   any decision, behavior, or action of an employee, agent, or DHS contractor, or of any client residing in the same placement setting.

(B)   The person to whom the advocate general inquiry is addressed has seven business days to respond in writing to the advocate general.

(C)   The advocate general issues a report that sets forth the inquiry subject matter, pertinent facts, and recommendations. An advocate general report is submitted to the provider or facility administrator, when applicable, and the State Office administrator. A copy is submitted to the DHS Director.

(e)   The grievance form. A grievant files a grievance by obtaining Form 15GR001P, from the LGC, filling it out, and returning it to the LGC, or to the facility or to DHS staff, who immediately transmits it to the LGC. A grievance may also be filed using electronic Form 15GR001E at http://www.okdhs.org. The grievant submits the completed form to the OCA grievance unit at [e-mail]. Within one business day of receipt of the grievance, OCA staff assigns a grievance number, sends it to the assigned LGC, and contacts the grievant. Approved kinship or foster parents contact OJSO to initiate a grievance.

(f)   Retaliation prohibited. No person filing a grievance is retaliated against, discriminated against or harassed, solely or in part, for having asserted a grievance, or sought advice or inquired about filing a grievance. Clients are encouraged to use available grievance systemsand are not discouraged from filing a grievance. All allegations of retaliation, discrimination, and harassment for filing a grievance, seeking advice, or inquiry about filing a grievance are reported to the OCA grievance unit and may result in an OCA investigation or an advocate general inquiry or grievance.

(g)   Grievance time limits. Except for DDS clients, in order to be processed for action and resolution, a grievance must be filed within 15-business days of the date of the incident, decision, act, or omission complained about in the grievance, or within 15-business days of the date the grievant becomes aware of, or with reasonable effort, should have become aware of a grievable issue. The LGC may extend the time limit for filing a grievance.

(1)   Filing and other time requirements contained in this Section are counted in DHS business days unless otherwise specified. In computing any time requirement, the day of the incident, decision, act, or omission at issue is not included. The next calendar day is the first day of the time requirement.

(2)   When the LGC or a respondent fails to meet grievance processing time requirements without obtaining an extension, the LGC processes the grievance to the next step within three business days of the grievant's request.

(3)   Responses, notices, and other documents issued during the grievance process are delivered to the grievant in person or by mail at the grievant's last known address. A grievance is considered administratively resolved when a correctly addressed letter with proper postage is sent to the last known address of the grievant,and is returned undeliverable with no forwarding address.

(4)   There is no time limit on allegations of abuse, neglect, verbal abuse, exploitation, or caretaker misconduct. When a grievance, timely or untimely, consists of such an allegation, the OCA Intake Unit or the Abuse and Neglect Hotline is immediately notified per OAC 340:2-3-33.

(5)   There are no time limits for grievances filed on behalf of individuals served by DHS DDS.

(h)   Grievance records, logs, and quarterly reports. The LGC maintains an accurate and complete record of each grievance filed, as well as summary information about the number, nature, and outcome of all grievances. Grievance records are kept separate and apart from other client records and files. DHS grievance records and files are retained per federal and state laws governing record retention and destruction.

(1)   Each LGC tracks grievances as they progress through the system and logs every OCA-numbered grievance form issuedon Form 15GR009E. For grievances submitted by a client, Form 15GR009E includes the:

(A)   grievance number;

(B)   name of the grievant given the form;

(C)   date the form was submitted by the grievant;

(D)   nature and outcome of the grievance;

(E)   date of final resolution; and

(F)   level where it was resolved.

(2)   When Form 15GR001P is provided to a client and not turned in, the facility tracks only the identification number copy of Form 15GR001P given to the client, the name of the client to whom the form was given, and the date it was given to the client. This information is tracked on Form 15GR009E.

(3)   Each LGC submits a quarterly grievance report, Form 15GR010E, Quarterly Grievance Report, to the advocate general no later than the 21st day following the end of each calendar quarter. Quarterly reports are submitted by mail, fax, or emailed to: [e-mail]. When grievance activity did not occur or was pending during a particular fiscal year quarter, the LGC indicates it on Form 15GR010E.

(4)   When a grievance becomes moot at any point during the grievance, the LGC may stop the grievance process and declare the grievance, administratively resolved. The LGC informs the grievant, notes it on Forms 15GR001P or 15GR001E and 15GR009E, and sends a copy of Form 15GR001P or 15GR001E to OCA with the next quarterly grievance report.

(i)   Processing the grievance form. After completing Form 15GR001P, the grievant submits the form directly to the LGC, other facility employee,lockbox, or OCA. When the grievant completes and submits Form 15GR001E, the OCA grievance unit submits the grievance directly to the assigned LGC within one business day. Foster parent grievances are processed per OAC 340:2-3-50.

(j)   Informal resolution of grievance. When the LGC can promptly resolve the grievance to the grievant's satisfaction without further processing, the LGC fills out the bottom of Form 15GR001P or 15GR001E, signs it, and files it in the appropriate grievance file.

(k)   First level problem resolution. Within three business days of receipt of Form 15GR001P or 15GR001E, when the grievance is not resolved to the decision-maker's satisfaction, the LGC fills out Form 15GR002E, Local Grievance Coordinator (LGC) Worksheet.

(1)   The LGC identifies who has the authority to provide the quickest and surest resolution to the problem at the lowest level in the organizational structure.

(A)   For DHS grievances of children in DHS custody and care, the first level respondent may be the supervisor of the grievant's CWS specialist.

(B)   For grievances regarding placements above the therapeutic foster care level made by CWS placement services, the first level respondent is the applicable CWS programs manager.

(C)   For placement grievances regarding a specific foster child, the first level respondent is the applicable district director.

(D)   When the child is also a DDS client, the first level respondent may be the DDS case manager supervisor.

(E)   For adults receiving services from DDS, the first level respondent may be the DDS case manager supervisor.

(2)   The LGC completes the first box in the first level section on Form 15GR002E, attaches corresponding Form 15GR001P or 15GR001E, and other relevant documentation and information, and submits it to the first level respondent, by the most efficient means practicable, within three business days of receipt of the grievance from the grievant.

(3)   The first level respondent responds to the grievance within five business days of receipt of Form 15GR002E by completing the second box in the first level section on Form 15GR002E. When the proposed resolution contains a promise of some future action, a target date is specified for full implementation of that future action. The grievant may contest the target date by proceeding to the second problem resolution level.

(4)   The LGC monitors the timely response by the first level respondent. When a complete response is not timely received by the LGC, the LGC notes this on Form 15GR002E, and the grievance immediately proceeds to the second problem resolution level.

(5)   Within three business days of receipt of the first level response, the LGC or the LGC's designee contacts the decision-maker to inform the decision-maker of the proposed resolution, the right to take the grievance to the second problem resolution level, and determines if the decision-maker is satisfied with the proposed resolution. The first level respondent may meet with the decision-maker with or without the LGC present. The LGC is responsible for informing the decision-maker that he or she has three business days to accept or appeal the respondent's proposed resolution.When a decision is not communicated to the LGC within three business days, the decision-maker is deemed to have accepted the proposed resolution.

(6)   When the decision-maker is satisfied with the proposed resolution, the LGC indicates his or her acceptance on Form 15GR002E, notifies those responsible for grievance resolution, and places the form in the grievance file.

(7)   When the proposed resolution has been accepted by the decision-maker, but involves a future target date, the LGC monitors compliance with the target date. If the LGC determines that the resolution was not achieved by the target date, the LGC immediately reopens the grievance and processes it for the second problem resolution level.

(8)   When the decision-maker does not accept the proposed resolution and elects to take the grievance to the second problem resolution level, the LGC processes the grievance for the second problem resolution level per (l) of this Section.

(l)   Second level problem resolution.

(1)   When the grievance is not resolved at the first problem resolution level, the LGC processes it per this subsection within three business days of the grievant requesting the second problem resolution level, per (k) of this Section.

(2)   The LGC fills out the first box in the second level section on Form 15GR002E, ensures the corresponding Form 15GR001P (paper version) or 15GR001E (electronic version) and other relevant documents are attached, and immediately submits it to the second level respondent. For facilities and providers subject to these rules, the administrator or the administrator's designee is the second level respondent. For DHS grievances, the DHS district director or the DDS area manager, as applicable, is the second level respondent. However, when the district director was the first level respondent, then the second level respondent is the applicable deputy director or the deputy director's designee. When the provider administrator or DDS area manager is the first level respondent, the second level review is bypassed and processed as a contested grievance per OAC 340:2-3-46.

(3)   The administrator or the administrator's designee responds to the grievance within seven business days of receipt of Form 15GR002E by completing the applicable box in the second level section. When the proposed resolution contains a promise of some future action, a target date is specified for full implementation of that future action.

(4)   The second level respondent for a placement grievance regarding a specific foster child is the applicable deputy director or the deputy director's designee.

(5)   The LGC monitors the timely response by the respondent. When a complete response is not timely received by the LGC, the LGC notes this on Form 15GR002E and the grievance immediately is processed as a contested grievance. A contested DHS grievance is processed per OAC 340:2-3-46. Contested facility grievances are processed per (m) of this Section.

(6)   Within three business days of receipt of the second level response, the LGC or the LGC's designee contacts the decision-maker to inform him or her of the proposed resolution, the right to contest the response to the grievance, and determines if the decision-maker is satisfied with the proposed resolution. The LGC is responsible for informing the decision-maker that he or she has three business days to accept or appeal the respondent's proposed resolution.When no decision is communicated to the LGC within three business days, the grievant is deemed to have accepted the proposed resolution.

(7)   When the decision-maker is satisfied with the proposed resolution, the LGC documents the decision-maker's acceptance on Form 15GR002E, notifies those responsible for resolution of the grievance, and places Form 15GR002E in the grievance file.

(8)   When the proposed resolution is accepted by the decision-maker, but involves a future target date, the LGC monitors compliance with the target date. When the LGC determines the resolution was not completed by the target date, the LGC immediately reopens the grievance and processes it as a contested grievance.

(9)   When the decision-maker does not accept the proposed resolution and elects to contest the response, a contested DHS grievance is processed, per OAC 340:2-3-46. Contested facility or provider grievances are processed per (m) of this Section.

(m)   Contested facility or provider grievances. When the decision-maker does not accept the proposed resolution or the target date of the second level proposed resolution, a facility or provider grievance is appealed to the chair of the board of directors of the facility or provider or an appeals committee designated by the board. This Section does not apply to grievances of Hissom class members or individuals who previously resided at NORCE or SORC after November 1, 2012. Grievances at DHS-operated facilities are appealed as a contested grievance, per OAC 340:2-3-46.

(1)   The LGC transmits a contested facility or provider grievance to the chair of the board of directors of the facility or provider, or an appeals committee designated by the board, within three business days of notice that the decision-maker does not accept the proposed resolution and is contesting it.

(2)   In reviewing the contested grievance, the board of directors, or appeals committee if applicable, is not required to conduct an evidentiary hearing or hear argument. In the event the board determines evidentiary hearing evidence would assist in resolving the grievance, the board has the option of conducting an informal hearing.

(3)   Within 10-business days of receipt of a contested grievance, the chair of the board of directors or the appeals committee responds by submitting a written decision to the LGC.

(4)   Within three business days of receipt of the written decision of the chair of the board of directors or the appeals committee, the LGC informs the decision-maker of the decision and provides the decision-maker with a copy of the board's decision. This concludes the grievance process and the grievant's administrative remedies have been exhausted.

(n)   Fast track grievances. When the subject of a DHS grievance is such that time is of the essence, with the approval of the advocate general or the advocate general's designee a grievance can be submitted directly to the OCA grievance liaison for processing as a contested grievance,per OAC 340:2-3-46. When a grievance involves a time-sensitive problem, the OCA grievance liaison may shorten the response time as circumstances warrant.

(o)   Communication with OCA. Any notices, forms, or other information that facilities, providers, or DHS county offices are required to submit to OCA or to the advocate general are submitted by emailat [e-mail].

(p)   Grievance training required. LGCs are required to take the OCA-approved grievance training within 60-calendar days of their appointments, and annually thereafter.

[Source: Added at 18 Ok Reg 3435, eff 7-1-01 (emergency); Added at 19 Ok Reg 1117, eff 5-13-02; Amended at 20 Ok Reg 1994, eff 7-1-03; Amended at 21 Ok Reg 2330, eff 6-25-04; Amended at 22 Ok Reg 1180, eff 5-26-05; Amended at 23 Ok Reg 1776, eff 6-11-06; Amended at 24 Ok Reg 978, eff 7-1-07; Amended at 25 Ok Reg 1935, eff 7-1-08; Amended at 26 Ok Reg 2195, eff 7-1-09; Amended at 30 Ok Reg 597, eff 7-1-13; Amended at 31 Ok Reg 1790, eff 9-15-14; Amended at 34 Ok Reg 1402, eff 9-15-17]