SECTION 340:2-3-62. Grievance and Abuse Review Committee (GARC) review of Office of Client Advocacy (OCA) investigation reports

(a)   Application. GARC reviews OCA investigative reports involving allegations of abuse, neglect, verbal abuse, or exploitation, with the exception of cases involving a community services worker processed per Oklahoma Administrative Code (OAC) 340:100-3-39.

(b)   Requests for GARC review. Requests for GARC review are submitted in writing to the advocate general within 30 calendar days of receipt of an OCA investigation report. Requests for GARC review include an explanation of the basis of the review and the reasons review is requested. Supporting documentation for the request for review is included with the request.

(1)   With regard to investigations involving a facility under contract or license with the Office of Juvenile Affairs OJA, with the exception of OJA operated secure facilities, a request for GARC review may be made by the OJA advocate general or the executive director.

(2)   With regard to investigations involving DHS operated facilities, a request for GARC review can be made by the facility administrator, the applicable state office administrator, or the DHS Director. When a request is made by a facility administrator, he or she sends a copy of the request to the applicable state office administrator.

(3)   With regard to investigations involving facilities that contract with DHS, a request for GARC review may be made by the applicable state office administrator, or the DHS Director.

(4)   With regard to investigations involving a Hissom class member that result in a not substantiated finding or in which the accused caretaker is not a community services worker, a request for GARC review can be made by the administrator of the provider agency that employed the accused caretaker at the time of the incident(s) investigated, or by the Developmental Disabilities Services (DDS) director or designee.

(5)   With regard to investigations involving a facility operated by the Oklahoma Department of Rehabilitation Services (ODRS), a request for GARC review may be made by the ODRS director.

(6)   With regard to all other investigations conducted per OAC 340:2-3-32, including investigations involving a DHS employee not working at an DHS operated facility, a request is made by the applicable state office administrator or the DHS Director.

(7)   The advocate general also can request GARC review.

(c)   Scope of GARC review. GARC conducts a de novo paper review of the alleged incident(s) at issue in the OCA investigation.

(1)   GARC does not consider prior unsubstantiated allegations.

(2)   Involved administrators, state office administrators, the OJA advocate general, if applicable, and their designees may attend the GARC meeting. The OCA investigator involved in a case being reviewed, and his or her supervisor, may attend the GARC meeting to provide information. The level of participation of attendees is within the discretion of the GARC chair.

(3)   When an administrator, state office administrator, or OJA representative wants to submit additional evidence not considered during the OCA investigation, it is submitted to the advocate general contemporaneously with the request for GARC review. For good cause shown, evidence can be submitted to the advocate general no later than five business days before the GARC meeting.

(4)   When additional information is needed in order for GARC to complete its review, GARC may continue its review of a case until its next meeting. GARC may request additional information from OCA, an administrator, the OJA advocate general, or a state office administrator.

(d)   GARC report contents. Within 15 business days of a GARC meeting to review a case, GARC prepares a report that includes items (1) through (4) in this subsection.

(1)   GARC's opinion whether the evidence is sufficient, based on a preponderance of the evidence standard, to confirm maltreatment has occurred and the basis for GARC's opinion.

(2)   GARC's recommendation as to any action needed to protect the victim and other clients.

(3)   Any areas of concern identified during GARC's review of the case regarding facility or DHS practices or procedures.

(e)   DHS Director's review. The advocate general submits to the DHS Director the GARC report, the corresponding OCA investigation report, and other pertinent documents.

(1)   Within 15 business days of receipt of the GARC report, the DHS Director decides whether to:

(A)   adopt GARC's findings;

(B)   adopt GARC's findings with modifications;

(C)   return the matter to GARC for further consideration; or

(D)   reverse GARC's finding.

(2)   When the DHS Director does not respond within 15 business days of receipt of the GARC report, the GARC finding becomes final.

(3)   OCA notifies in writing all interested parties of the result of the DHS Director's review.

(f)   Routing the results of the DHS Director's review.

(1)   In cases involving DHS operated facilities, the advocate general sends a copy of the GARC report and the results of the DHS Director's review to the administrator of the facility and the appropriate state office administrator. Within two business days of receipt of the DHS Director's decision, the administrator informs each accused employee of the result of the DHS Director's review.

(2)   In cases involving private or nonDHS operated public facilities, the advocate general sends a copy of the GARC report, and the results of the DHS Director's review to the administrator and the director of any agency that contracts with or licenses the facility. When the administrator is named as an accused employee in the allegation, the GARC report and results of the DHS Director's review are sent to the chair of the facility's board of directors.

(g)   Response to results of the DHS Director's review. After receipt of the results of the DHS Director's review of an OCA investigation involving a DHS employee, the affected state office administrator determines whether to initiate appropriate disciplinary action per OAC 340:2-3-12. Within 30 calendar days of receipt of the results of the DHS Director's review, the state office administrator informs the advocate general of any disciplinary action taken or to be taken with regard to an employee found to have committed maltreatment and any corrective action taken or to be taken with regard to areas of concern identified by GARC in its 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 21 Ok Reg 2330, eff 6-25-04; Amended at 22 Ok Reg 1180, eff 5-26-05; Amended at 30 Ok Reg 597, eff 7-1-13; Amended at 31 Ok Reg 1790, eff 9-15-14]