SECTION 377:15-11-3. Certification process

(a)   Definitions.

(1)   "Board" means the Board of Juvenile Affairs.

(2)   "Emergency" means a situation that poses a direct and serious threat to the health, safety or welfare of any child cared for by the shelter.

(3)   "Operator or facility operator" means the representative of the Department of Human Services who has been given authority to act on behalf of the state-operated children's shelter.

(4)   "State-operated children's shelter or facility" means the Laura Dester Children's Shelter or the Pauline E. Mayer Children's Shelter or any other shelter that may be authorized by 10A O.S., § 1-9-111. If the Department of Human Services contracts with designated youth services agencies or designated child-placing agencies for the management and operation of such shelters, then OJA shall not provide for the certification of such shelters.

(b)   Types of issuances.

(1)   Temporary certification. State-operated children's shelters may be granted up to a six-month temporary certification if documentation does not show compliance with all certification requirements.

(2)   Certification. State-operated children's shelters may be granted an operating certification that is valid for twelve months from the date of its issuance. OJA certification staff determines that the shelter is operating in compliance with current Oklahoma Department of Human Services Licensing Requirements for Residential Child Care Facilities and any additional Board requirements.

(c)   Case Management.

(1)   Periodic visits.

(A)   The OJA certification staff shall annually conduct at a minimum one unannounced visit to each state-operated children's shelter to document compliance with all certification requirements and at a minimum two announced visits to monitor compliance with certification requirements.

(B)   During each unannounced compliance visit, OJA certification staff shall:

(i)   Observe the entire facility, including outdoor play space and vehicles used for transportation, if available, and

(ii)   Check resident files and staff files, insurance verifications, and fire and health inspections within the preceding twelve months for compliance with certification requirements.

(C)   During each announced monitoring visit, OJA certification staff shall:

(i)   Provide technical assistance to facility personnel to meet and maintain certification requirements;

(ii)   Consult with facility personnel to meet and maintain certification requirements and improve the quality of care at the facility.

(2)   Forms. The OJA certification staff shall use standardized certification forms available for public inspection and copying at http://www.ok.gov/oja/.

(3)   Reports. The OJA certification staff annually shall issue at a minimum two monitoring reports and at a minimum one compliance report to the operator within 30 days of a monitoring or compliance visit.

(4)   Oklahoma Department of Human Services, Office of Client Advocacy Reports (OCA). The OJA certification staff shall review all referrals to OCA that concern the state-operated children's shelters and all investigation reports issued by the OCA to ensure compliance by the state-operated children's shelters with certification requirements.

(d)   Complaint procedure. All complaints received by OJA concerning the state-operated children's shelters shall be referred to the OCCY Office of Juvenile System Oversight and DHS where appropriate.

(e)   Non-compliance with requirements.

(1)   Documentation of non-compliance. The OJA certification staff shall document on the monitoring reports and the compliance report areas of non-compliance and any discussion with the operator.

(A)   The OJA certification staff shall request that the operator sign the monitoring reports and the compliance report, explaining that the operator's signature indicates acknowledgment of information recorded.

(B)   If the person in charge refuses to sign, the refusal shall be documented on the report.

(C)   The operator shall be given a copy of the completed report.

(D)   The operator shall prepare a plan of correction addressing each area of non-compliance no later than 30 days from receipt of the monitoring or compliance report, unless an extension is authorized by OJA certification staff. The plan of correction shall be reviewed and approved by OJA certification staff.

(E)   Immediate correction shall be required when the non-compliance has a direct impact on the health, safety, or well-being of a child or children in care. Failure to take immediate corrective action may result in a response to non-compliance as authorized by 10A O.S., § 2-7-202(D)(5) or any other provision of law.

(2)   Referrals to fire and health officials. If non-compliance regarding fire or health requirements places children at risk of harm or remains uncorrected, OJA shall request an inspection by a fire, health, or Oklahoma Department of Environmental Quality (ODEQ) official.

(3)   Case management responses to non-compliant facilities. When there is non-compliance with certification requirements, the OJA responses may include, but are not limited to:

(A)   Technical assistance. Technical assistance is offered along with referrals to consultants or training resources, if necessary, to assist the operator in meeting and maintaining certification requirements.

(B)   Follow-up phone call. Phone calls are documented on OJA standardized forms.

(C)   Non-compliance letter. A non-compliance letter may be written to the operator. The OJA certification staff shall send a copy of the report and the non-compliance letter to the operator's supervising authority.

(D)   Return monitoring visit. A return monitoring visit may be made for non-compliance with certification requirements or when non-compliance places children at imminent risk of harm. If the non-compliance is associated with a specific time of day, such as understaffing after school or a lack of early morning supervision, the return visit may be made at that approximate time or any other time deemed appropriate by the OJA certification staff.

(E)   Additional persons. The OJA certification staff may be accompanied by additional persons during monitoring visits if the facility has areas of non-compliance or if denial or revocation of the license is being considered.

(F)   Increased monitoring visits. The OJA certification staff may increase the frequency of monitoring when there have been areas of non-compliance or when the need for additional technical assistance is indicated.

(G)   Notice to comply when plan of correction is not approved. The OJA certification staff may issue a notice to comply specifically addressing those areas where the plan of correction is insufficient or otherwise fails to address the areas of non-compliance or is unacceptable and not approved. The notice to comply shall state the time frame within which compliance by the operator must be accomplished. If compliance is not obtained within the time frames set forth within the notice to comply, then OJA may initiate the denial or revocation process. The operator may be required to take immediate action if the area of non-compliance places the health, safety, or well-being of a child or children in care at risk.

(H)   Office conference. The OJA certification staff may schedule an office conference with the operator of the facility. Areas of non-compliance and progress toward meeting the plan(s) of correction shall be reviewed and technical assistance shall be offered. The conference and any plan of correction shall be documented.

(I)   Consent agreement. OJA and the facility operator may enter into a consent agreement whereby the facility agrees to specific conditions in lieu of certification denial or revocation.

(J)   Certification Denial or Revocation. The OJA certification staff may recommend that the certification be denied or revokeed when non-compliance with requirements has been observed and documented or the facility has failed to adequately protect children.

(4)   Case management responses when children are at risk. If the OJA certification staff documents a situation where children may be at imminent risk of harm, or if the Office of Juvenile System Oversight is investigating a complaint that children may be at imminent risk of harm, the OJA certification staff may consider the following options:

(A)   The operator shall be asked to immediately correct the situation where children may be at risk of harm.

(B)   The operator may agree to enter into a consent agreement whereby the facility shall agree to specific conditions.

(C)   The OJA certification staff may recommend that the certification be denied or revoked when the operator fails to take necessary steps to eliminate the situation giving rise to the imminent risk of harm.

(f)   Revocation or denial of certification. The Office of Juvenile Affairs may revoke or deny the certification of any state-operated children's shelter found to be in violation of any of the rules of the Oklahoma Department of Human Services Licensing Requirements for Residential Child Care Facilities, as set forth in 340:110-3-167, and any additional Board requirements.

(1)   No certification shall be revoked or denied until such time as the facility operator or applicant shall have been given at least thirty (30) days notice in writing for the grounds of the proposed revocation or denial.

(2)   Within one (1) business day of the facility's receipt of the notice of the proposed revocation or denial, the facility operator shall notify the parent, guardian, or legal custodian of any child residing in the facility. The notification to the parent, guardian, or legal custodian shall be given verbally, electronically, or in written form, as well as by the posting of an announcement in the facility.

(g)   Formal Protest. When served with a notice of proposed revocation or denial, the facility operator may, within fifteen (15) days of receipt of notice, file a formal protest in writing addressed to the Executive Director of the Office of Juvenile Affairs. Upon the filing of the protest, the Executive Director shall set the matter for a hearing within thirty (30) days. Notice of the hearing shall be given to the facility operator by personal service or by delivery to the proper address by certified mail, return receipt requested, at least ten (10) days prior to the date of the hearing. If the facility operator does not file a protest, certification shall be revoked or denied effective upon the expiration of the thirty (30) day notice period set forth in (f)(1). The hearing will not be a full evidentiary proceeding and formal rules of evidence shall not apply. The purpose of the hearing is to provide the Executive Director with information from which a determination may be made as to whether or not reasonable grounds exist to support the revocation or denial. The hearing shall be recorded in its entirety, and a copy provided upon request to the facility operator.

(h)   Emergency action.

(1)   Whenever the Office of Juvenile Affairs finds, after an investigation, that an emergency exists requiring immediate action to protect the health, safety, or welfare of any child cared for by a facility, the Office of Juvenile Affairs may without notice or hearing issue an emergency order stating the existence of such an emergency and requiring that such action be taken by the facility operator as OJA deems necessary to meet the emergency, including when necessary, removing children from the shelter and prohibiting the facility from providing services to children.

(2)   The emergency order shall remain in effect until the Executive Director determines that it is no longer necessary. The operator shall be provided with a written Notice of Emergency Action, which will include notice of a hearing before the Executive Director within fifteen (15) days of service of the notice. The Executive Director will make a determination at that time as to whether the emergency situation has been resolved, and may extend, modify, or rescind the order. The hearing will not be a full evidentiary proceeding and formal rules of evidence shall not apply. The hearing shall be recorded in its entirety, and a copy provided upon request to the facility operator.

(i)   Review of decision by the Board of Juvenile Affairs. Any operator aggrieved by a decision of the Executive Director may file a written request for review of the decision with the Board of Juvenile Affairs within fifteen (15) days of the Executive Director's decision. The Board shall have access to all documents submitted to the Executive Director, as well as an audio recording or transcript of the hearing, and the decision of the Director. The matter shall be placed on the next available Board meeting agenda after the filing date. Upon consideration, the Board shall enter a decision affirming, modifying, or reversing the decision of the Executive Director. The decision shall be in writing and copies of the decision shall be promptly mailed to all parties of record in the case. The decision of the Board shall be final and binding.

[Source: Added at 30 Ok Reg 277, eff 12-5-12 (emergency); Added at 30 Ok Reg 709, eff 6-1-13; Amended at 32 Ok Reg 2004, eff 9-11-15]