SECTION 340:2-3-47. Grievances of minors in OKDHS custody living in private residential facilities

(a)   Application. This Section describes processes relating to grievances of minors in the Oklahoma Department of Human Services (OKDHS) custody who are residing in a private residential child care center which contracts with OKDHS.

(b)   Definitions. The definitions in OAC 340:2-3-2 and 340:2-3-45(b) apply to this Section unless the context clearly indicates otherwise.

(c)   Notice of grievance rights. The applicable Child Welfare staff gives Form 15GR004E, Notice of Grievance Rights -Minors in OKDHS Custody, to the client within 24 hours of placement of the client in a private residential placement, and annually thereafter. This form is used to identify the local grievance coordinator (LGC) for the facility and to explain the client's right to grieve. After the client signs the form, a copy is made for the client and the original is maintained in the permanent record for the client. If the designated LGC changes, the facility notifies the clients and the person(s) responsible for the clients' custody of the name and contact information of the new LGC within ten business days.

(d)   Filing and processing of grievance at the facility. If the grievant files a facility grievance as defined in OAC 340:2-3-45(b), the grievance is processed per OAC 340:2-3-45 unless otherwise provided in this Section.

(e)   Contested grievances. Contested OKDHS grievances of residents are processed in accordance with OAC 340:2-3-46. Contested facility grievances are processed in accordance with this subsection. When a decisionmaker decision maker elects to appeal a grievance, within three business days of the request the LGC transmits to the chair of the facility's board of directors, or an appeals committee designated by the board, Form 15GR002E, Local Grievance Coordinator (LGC) Worksheet, which has attached to it the corresponding Form 15GR001E, Grievance Form, and other documents and information relevant to the subject matter of the grievance. The chair of the board of directors or appeals committee responds within ten business days by sending a written response to the LGC. A copy is attached to the applicable quarterly grievance report sent to the OCA grievance liaison per OAC 340:2-3-45(h)(2). Within three calendar days of receipt of the response, the LGC communicates the response to the decision maker. This concludes the grievance process and the grievant's administrative remedies have been exhausted.

[Source: Added at 18 Ok Reg 3435, eff 7-1-01 (emergency); Added at 19 Ok Reg 1117, eff 5-13-02; Amended at 21 Ok Reg 2330, eff 6-25-04; Amended at 24 Ok Reg 978, eff 7-1-07; Amended at 26 Ok Reg 2195, eff 7-1-09; Amended at 30 Ok Reg 597, eff 7-1-13]