SECTION 340:2-3-56. Foster Care Ombudsman (FCO) services

(a)   Legal Authority.

(1)   Section 1-9-112(D)(1) of Title 10A of the Oklahoma Statutes (10A O.S. § 1-9-112(D)(1)) requires the Office of Client Advocacy (OCA) investigate any complaint received by the Office of Juvenile System Oversight (OJSO) of the Oklahoma Commission on Children and Youth (OCCY) alleging that an Oklahoma Department of Human Services (DHS) or child-placing agency employee threatened a foster parent with removal of a child from the foster parent, harassed a foster parent, refused to place a child in a licensed or certified foster home, or disrupted a child placement as retaliation or discrimination toward a foster parent who engaged in a protected activity.

(2)   10A O.S. § 1-9-120 requires OCA establish grievance procedures for foster parents with whom DHS or child-placing agencies contract.

(3)   10A O.S. § 1-9-120(C) requires OCA to designate one employee to receive and process foster care grievances. OCA designated the FCO. OCA conferred the responsibility for fulfilling the duties set forth in (e) of this Section on the FCO.

(b)   Scope.

(1)   The FCO provides services relating to complaints brought by foster parents against employees of DHS or child placing agencies.

(2)   Per 10A O.S. § 1-9-112(D)(2), this Section shall not apply to any complaint by a foster parent regarding the result of a criminal, administrative, or civil proceeding for a violation of any law, rule, or contract provision by that foster parent or the action taken by DHS or any child-placing agency in conformity with the result of any such proceeding.

(c)   Definitions. The definitions used in this Section are located in Oklahoma Administrative Code (OAC) 340:2-3-2, 340:2-3-45, and 340:2-3-50.

(d)   Confidentiality. Information in OCA records relating to complaints filed by foster parents with the FCO is confidential and protected from unauthorized use. Only authorized individuals are given access to case records or provided information from these records. A breach of confidentiality may result in criminal prosecution. Violations by DHS employees can also result in personnel action. The relevant confidentiality provisions are located at 10A O.S. § 1-6-107 and OAC 340:75-1-42.

(e)   Duties. The FCO is responsible for:

(1)   overseeing and resolving grievances between foster parents and state agencies or child-placing agencies, per OAC 340:2-3-50;

(2)   referring complaints meeting the criteria for retaliation per 10A O.S. § 1-9-112(D)(1) to the OCA Investigative Unit per OAC 340:2-3-38;

(3)   referring cases for mediation, when appropriate, per OAC 340:2-3-50(g);

(4)   collecting and maintaining data necessary to identify systemic issues that may be addressed and resolved to improve the foster care system. In partnership with OCCY, prepares an annual report for the legislature based on collected data and makes recommendations as appropriate for improvements of procedures and policies to benefit children and families;

(5)   conducting training, education, and outreach activities for the benefit of those involved in, or potentially involved in foster care, and maintaining personal accessibility in order to address questions and concerns;

(6)   providing resources and referrals to interested parties; and

(7)   collaborating with foster parents, Child Welfare Services, Developmental Disabilities Services, OCCY, and OJSO in efforts to improve the foster care system.

(f)   Initial disposition of the complaint. Upon receipt, the OCA Intake Unit must examine the complaint to determine if it meets the criteria for a grievance, retaliation, harassment, discrimination investigation or if another disposition is appropriate. Foster parents may file grievances with respect to the provision or receipt of services.

(1)   Grievable issues. Except for the limitations listed in OAC 340:2-3-50(d)(2), matters that can be the subject of a grievance include:

(A)   the substance or application of any policy or rule of DHS or its agents; or

(B)   any decision or action by a DHS employee or its agent; or

(C)   a violation by a DHS or a child-placing agency employee of the Foster Parent Bill of Rights, per 10A O.S. § 1-9-119.

(2)   Non-grievable issues and intra-agency referrals. When the OCA Intake Unit, working in consultation with the FCO determines the complaint is not grievable, and does not present an issue of retaliation, harassment, or discrimination suitable for investigation, the OCA Intake Unit forwards the complaint to the FCO. The FCO determines if an intra-agency referral is appropriate, makes any necessary referrals, and closes the file. Foster parent complaints subject to an intra-agency referral are deemed closed at the time the referral is made.

(3)   When the complaint meets none of the criteria above, but is resolvable through the provision of information readily obtainable by the FCO or designee, the FCO may, at his or her discretion, resolve the complaint by obtaining the necessary information.

(4)   Preliminary inquiry. When the information contained in the complaint is insufficient to enable the OCA Intake Unit, in consultation with the FCO, to determine appropriate disposition, a preliminary examination may be completed.

[Source: Added at 33 Ok Reg 1574, eff 9-15-16]