Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 100 - Developmental Disabilities Services
Subchapter 6 - Group Home Regulations
Part 1 - GENERAL PROVISIONS
Section 340:100-6-2 - Legal base, purpose, and definitions
Universal Citation: OK Admin Code 340:100-6-2
Current through Vol. 42, No. 1, September 16, 2024
(a) Legal base. Section 1430.1 et seq. of Title 10 of the Oklahoma Statutes, Group Homes for Persons with Developmental or Physical Disabilities Act, mandates Oklahoma Department of Human Services (OKDHS) to establish licensure requirements for such group homes and to otherwise implement the requirements of this Act.
(b) Purpose. OAC 340:100-6 sets forth licensure requirements, standards, and provisions for group homes for persons with developmental or physical disabilities.
(c) Definitions. The following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
(1)
"Abuse" means causing or
permitting:
(A) infliction of physical pain,
injury, sexual abuse, sexual exploitation, unreasonable restraint or
confinement, or mental anguish; or
(B) deprivation of nutrition, clothing,
shelter, health care, or other care or services without which serious physical
or mental injury is likely to occur to a resident of a group home by a
caretaker or other person providing servicesto a resident of a group
home.
(2)
"Administrator" means the person designated by the provider who
has authority and responsibility for the programs and operation of a group
home.
(3)
"Advocate"
means an adult designated in writing selected by the resident to assist the
resident in exercising the rights of such resident.
(4)
"Exploitation" means the
unjust or improper use of the resources of a resident of a group home for the
profit or advantage, pecuniary or otherwise, of a person other than such
resident through the use of:
(A) undue
influence;
(B) coercion;
(C) harassment;
(D) duress;
(E) deception;
(F) false representation; or
(G) false pretense.
(5)
"Group home for persons with
developmental or physical disabilities" means any establishment:
(A) for not more than 12 residents who:
(i) are 18 years of age or older;
and
(ii) have developmental or
physical disabilities;
(B) that offers or provides supervision,
residential accommodations, food service, and training and skill development
opportunities designed to lead to increased independence of the residents and
supportive assistance to any of the residents requiring supportive assistance;
and
(C) that is not:
(i) a residential care home;
(ii) a nursing facility;
(iii) an assisted living facility;
(iv) a home in which agency companion
services or specialized foster care is provided; or
(v) a home owned or leased by the service
recipient or his or her legal guardian.
(6)
"Indecent exposure" means
forcing or requiring a resident of a group home to:
(A) look upon the body or private parts of
another person or upon sexual acts performed in the presence of the resident;
or
(B) touch or feel the body or
private parts of another.
(7)
"Neglect" means:
(A) failure to provide protection for a
resident of a group home who is unable to protect his or her own
interests;
(B) failure to provide a
resident of a group home with adequate shelter, nutrition, health care, or
clothing; or
(C) negligent acts or
omissions that result in harm or the unreasonable risk of harm to a resident of
a group home through the action, inaction, or lack of supervision by a
caretaker providing direct services.
(8)
"Physical disability" means
a condition that:
(A) causes restricted use of
extremities by or affects other bodily functions of a person; and
(B) requires specialized training or
habilitation or rehabilitation services provided by a group home.
(9)
"Provider" means
a person, corporation, partnership, limited liability company, association, or
other entity that contracts with OKDHS Developmental Disabilities Services
Division (DDSD) or Oklahoma Health Care Authority or is licensed to operate a
group home for persons with developmental or physical disabilities.
(10)
"Resident" or "service
recipient" means a person receiving services in a group home for persons
with developmental or physical disabilities.
(11)
"Service recipient" or
"resident" means a person receiving services in a group home for persons
with developmental or physical disabilities.
(12)
"Sexual abuse" means:
(A) oral, anal, or vaginal penetration of a
resident of a group home by or through the union with the sexual organ of a
caretaker or other person providing services to the resident, or the anal or
vaginal penetration of a resident by a caretaker or other person providing
services to the resident with any other object;
(B) for the purpose of sexual gratification,
the touching, feeling, or observation of the body or private parts of a
resident of a group home by a caretaker or other person providing services to
the resident; or
(C) indecent
exposure by a caretaker or other person providing services to the resident of a
group home.
(13)
"Sexual exploitation" means, but is not limited to, a caretaker
causing, allowing, permitting, or encouraging a resident of a group home to
engage in prostitution or in the lewd, obscene, or pornographic photographing,
filming, or depiction of the resident as those acts are defined by Oklahoma
law.
(14)
"Supportive
assistance" means service rendered to a resident of a group home that is
sufficient to enable the resident to meet an adequate level of daily living
including, but not limited to:
(A)
training;
(B)
supervision;
(C) assistance in
housekeeping;
(D) assistance in
meal preparation;
and
(E)
assistance in activities of daily living necessary for the health and comfort
of such person.
(15)
"Verbal abuse" means the use of words, sounds, or other
communication including, but not limited to:
(A) gestures;
(B) actions; or
(C) behaviors by a caretaker or other person
providing services to a resident of a group home that is likely to cause a
reasonable person to experience humiliation, intimidation, fear, shame, or
degradation.
Added at 12 Ok Reg 409, eff 11-17-94 (emergency); Added at 12 Ok Reg 2491, eff 6-26-95; Amended at 24 Ok Reg 1046, eff 5-11-07
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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