Current through Vol. 42, No. 1, September 16, 2024
(a)
Grievance policy. The child care or residential program, or child
placing agency owner , director, or administrator may submit a grievance
regarding the application of any written or unwritten policy, rule, or
regulation of Child Care Services (CCS) or a CCS employee decision affecting
the program or child-placing agency. Grievances must be received within
30-calendar days of the documented non-compliance, star criteria violation, or
substantiated complaint allegation. A grievance is not accepted concerning an
Emergency Order, request for license denial, license revocation, or Restricted
Registry registration.
(b)
Grievance procedure. Individuals wanting to submit a grievance are
encouraged to seek informal resolution of his or her concerns by contacting the
appropriate Licensing supervisor or programs supervisor for residential
programs and child-placing agencies, who attempts to resolve the matter. Each
grievance review level may have assigned designees.
(1) When a resolution cannot be reached at
the local level or through verbal conversation with CCS State Office staff, the
grievant is instructed to submit one written grievance request with the
Licensing supervisor or programs supervisor. Grievances must be received within
15-calendar days of this communication. Written grievances are forwarded when
additional reviews are requested.
(2) Licensing supervisor and regional
programs manager (RPM) grievance level review processes for child care programs
are in (A) through (B) of this paragraph.
(A)
The Licensing supervisor:
(i) notifies the
RPM and statewide licensing coordinator that a formal grievance was received
and efforts made to resolve the issue;
(ii) responds to written grievances within
10-Oklahoma Human Services (OKDHS) business days of receipt; and
(iii) informs the grievant additional review
requests must be received within 15-calendar days of the correspondence
date.
(B) When the
grievant is not satisfied with the proposed resolution, he or she may request
RPM review. The RPM:
(i) responds to written
grievances within 10-OKDHS business days of receipt; and
(ii) informs the grievant additional review
requests must be received within 15-calendar days of the correspondence
date.
(3) For
residential programs or child-placing agency grievance review at the programs
supervisor level, the programs supervisor:
(A)
notifies the statewide licensing coordinator a formal grievance was received
and efforts were made to resolve the issue;
(B) responds to written grievances within
10-OKDHS business days of receipt; and
(C) informs the grievant additional review
requests must be received within 15-calendar days of the correspondence
date.
(4) When the
grievant is not satisfied with the proposed resolution, per (2) or (3) of this
subsection, he or she may request statewide licensing coordinator review. The
grievant is informed he or she may request Child Care Advisory Committee (CCAC)
Peer Review Board review, prior to statewide licensing coordinator review. The
statewide licensing coordinator forwards information to the Peer Review Board,
when applicable or proceeds with the review.
(5) When applicable, the Peer Review Board
responds to the statewide licensing coordinator with resolution advisement
within 10-OKDHS business days of receipt.
(6) The statewide licensing coordinator
notifies the grievant of the CCS decision within 10-OKDHS business days or,
when applicable, 10-OKDHS business days of Peer Review Board advisement
receipt. The grievant is informed additional review requests must be received
within 15-calendar days of the correspondence date.
(7) When the grievant is not satisfied with
the proposed resolution, he or she may request review by the CCS director,
Senior Director of Child Services, and OKDHS Director (Director), or assigned
designees respectively. The CCS director, Senior Director of Child Services,
and Director or assigned designees each respond within 10-OKDHS business days
of receipt. The grievant is informed additional review requests must be
received within 15-calendar days of the correspondence date. The Director's or
assigned designee's decision is final.
(c)
Grievance procedures against a CCS
employee. A child care or residential program, and child-placing agency
may submit a grievance regarding a CCS employee who retaliated against a
program or child-placing agency, or the employees. Grievances must be received
within 30-calendar days of the alleged incident. Reports are investigated
regardless of the grievant's decision to remain anonymous.
(1) The grievant is referred to the
appropriate supervisor or programs supervisor, who attempts to resolve the
matter.
(2) When the grievant is not
satisfied with the proposed resolution at the supervisory level, the grievant
is referred to the assistant licensing coordinator and, when applicable, not
within the line of supervision of the involved Licensing staff. The assistant
licensing coordinator:
(A) requests the
allegations be submitted in writing; however, written submission is not
required;
(B) investigates the
allegations; and
(C) provides
written investigation results to the grievant, when contact information is
available.
(3) The
assistant licensing coordinator's decision is final; however, the grievant may
request the CCS director review the finding.
Amended at 10 Ok Reg
2369, eff 6-11-93; Amended at 11 Ok Reg 385, eff 10-15-93 (emergency); Amended
at 11 Ok Reg 2773, eff 6-13-94; Amended at 13 Ok Reg 499, eff 11-14-95
(emergency); Amended at 13 Ok Reg 2663, eff 6-28-96; Amended at 16 Ok Reg 2527,
eff 7-1-99; Amended at 16 Ok Reg 3511, eff 7-13-99 through 7-14-00
(emergency)1; Amended at 18 Ok Reg 2144, eff
6-11-01; Amended at 19 Ok Reg 221, eff 11-1-01 (emergency); Amended at 19 Ok
Reg 2274, eff 6-27-02; Amended at 24 Ok Reg 1351, eff 7-1-07; Amended at 27 Ok
Reg 1869, eff 7-1-10; Amended at 29 Ok Reg 1229, eff 7-1-12; Amended at 32 Ok
Reg 704, eff 1-1-16 (emergency)
1This emergency action
expired without being superseded by a permanent action. Upon expiration of an
emergency amendatory action, the last effective permanent text of the Section
is reinstated. Therefore, on 7-15-00 (after the 7-14-00 expiration of this
emergency action), the text of 340:110-1-15 reverted back to the permanent text
that became effective 7-1-99, as was last published in the 1999 OAC Supplement,
and remained as such until amended by permanent action on 6-11-01.
