SECTION 340:2-3-61. Grievance and Abuse Review Committee (GARC)

(a)   Legal basis and authority. The legal basis and authority for the rules in this Part are found in Section 1-9-112 of Title 10A of the Oklahoma Statutes (O.S. 10A § 1-9-112).

(b)   Definitions. The definitions in Oklahoma Administrative Code (OAC) 340:2-3-2, 340:2-3-32, and 340:2-3-38 apply to this Part unless the context clearly states otherwise.

(c)   Purpose. This Section establishes an administrative review committee to review:

(1)   findings regarding allegations of abuse, neglect, verbal abuse, and exploitation investigated by the Office of Client Advocacy (OCA) per OAC 340:2-3-32 through 340:2-3-37;

(2)   findings regarding allegations of discrimination and retaliation brought by foster parents pursuant to O.S. 10A § 1-9-117 and investigated by OCA per OAC 340:2-3-38;

(3)   unresolved contested grievances of Oklahoma Department of Human Services (DHS) clients listed in OAC 340:2-3-45(a)(2) and processed per OAC 340:2-3-46 through 340:2-3-49 and 340:2-3-51 through 340:2-3-55;

(4)   unresolved grievances of foster parents filed per O.S. 10A § 1-9-120 and processed per OAC 340:2-3-50; and

(5)   an issue affecting the care and treatment of:

(A)   a client in a DHS operated facility; or

(B)   a minor in DHS custody placed in a private facility, a public facility not operated by DHS, or in a foster home.

(d)   GARC composition.

(1)   GARC is composed of at least three voting members appointed by the DHS Director. The DHS Director designates one member to serve as chair and appoints substitute members as needed.

(2)   The advocate general is an ex officio member of GARC. The advocate general designates a member of his or her staff to attend GARC meetings in the advocate general's absence.

(e)   GARC responsibilities. GARC meets as needed. The advocate general or designee establishes the date and time of each meeting. At least three business days before a meeting, the advocate general provides each GARC member with materials relevant to matters to be considered at the meeting. GARC members review the agenda material prior to the GARC meeting.

(f)   GARC meetings.

(1)   The advocate general or designee coordinates GARC meetings. This includes:

(A)   arranging the dates for GARC meetings;

(B)   establishing the agenda for GARC meetings;

(C)   eight calendar days prior to a GARC meeting, notifying all involved administrators and state office administrators of the date of the GARC meeting;

(D)   transmitting agenda material to GARC members three business days prior to a meeting;

(E)   recording the GARC findings and recommendations;

(F)   preparing GARC reports in consultation with GARC members;

(G)   granting extensions of time for good cause shown; and

(H)   distributing GARC reports.

(2)   The GARC chair conducts a GARC meeting in the manner that in his or her discretion furthers the purposes of the meeting.

(3)   At the conclusion of the GARC meeting, the matter is taken under advisement and the GARC chair informs interested parties of the results by means of GARC's written report.

[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 31 Ok Reg 1790, eff 9-15-14]