SECTION 377:3-1-26. Advocate General procedures during an abuse, neglect, or caretaker misconduct investigation for other than OJA secure institutions

(a)   Upon receiving a report from OCA concerning an investigation of abuse, neglect, or caretaker misconduct, the Advocate General shall send a copy of the report to the facility administrator and notify the Executive Director or appropriate Division Director. If a facility administrator is named as an accused caretaker in the allegation, the report shall be forwarded to the Chair of the Board of Directors of the facility or to the Director of the state agency operating the facility.

(b)   If OCA confirms findings of abuse, neglect, or caretaker misconduct, the Advocate General shall request appropriate corrective action within 21 days of the Advocate General's receipt of OCA's report.

(c)   Even if abuse, neglect, or caretaker misconduct is not confirmed by OCA, the Advocate General may recommend to the Executive Director appropriate measures to address systemic or individual concerns raised during the course of the OCA investigation.

(d)   Upon receipt of OCA's report, the facility administrator, OJA administration, or Advocate General on behalf of a juvenile who is the subject of the report may request that the DHS Grievance Abuse Review Committee (GARC) review its findings and return a different result.

(e)   OCA investigative reports, records, files, and audio tapes are considered confidential under Title 10A O.S., § 1-6-102.

[Source: Added at 13 Ok Reg 3887, eff 8-21-96 (emergency); Added at 14 Ok Reg 1842, eff 6-2-97; Amended at 16 Ok Reg 465, eff 11-23-98 (emergency); Amended at 16 Ok Reg 2949, eff 7-12-99; Amended at 18 Ok Reg 2614, eff 7-1-01; Amended at 21 Ok Reg 2419, eff 7-1-04; Amended at 24 Ok Reg 1392, eff 7-1-07; Amended at 27 Ok Reg 2178, eff 7-15-10; Amended at 28 Ok Reg 1981, eff 7-15-11]