Current through Vol. 42, No. 1, September 16, 2024
(a)
General requirements.
Children's records are maintained on Oklahoma Human Services (OKDHS) provided
forms or on forms containing the same information. Records are current and
easily accessible. OKDHS staff are allowed access to all records.
(b)
Caregiver records. Primary
caregiver, assistant caregiver, and substitute caregiver records are completed
and maintained in the home. Records include:
(1) personnel information forms provided by
OKDHS and submitted to Licensing within two weeks of employment;
(2) criminal history investigations with
records maintained in a confidential manner;
(3) professional development
documentation;
(4) caregiver
attendance, indicating days and hours worked, maintained on file for 12 months;
and
(5) documentation of requests
and results of criminal history reviews.
(c)
Children's records.
Children's records are maintained as required in (1) through (3) of this
subsection.
(1) Identification and health
records include:
(A) the child's name, birth
date, parents' names, home addresses, places of employment, and phone
numbers;
(B) the names and phone
numbers of persons to contact in an emergency when a parent cannot be located
promptly;
(C) parent permission
authorizing the caregiver to transport the child to emergency medical
care;
(D) names and relationships
of persons authorized for child pick-up;
(E) health information, including
immunization records;
(F) the
child's licensed physician's name, address, and phone number;
(G) when applicable, medication and
transportation permission; and
(H)
the date the child entered care.
(2) When a volunteer driver or specialized
service professional does not have a criminal history review, per OAC
340:110-3-85(c),
parent releases indicating understanding are signed and dated prior to
unsupervised access to children for each volunteer driver or
professional.
(3) Daily attendance
records, including children's arrival and departure times, are maintained and
on file a minimum of 12 months.
(d)
Public access to records -
Compliance Posting. Compliance posting requirements in (1) and (2) of
this subsection are met.
(1) OKDHS-provided
"Notice to Parents" is posted in a conspicuous location in clear view at the
main facility entrance.
(2) Child
welfare investigative summary with confirmed or substantiated findings for
120-calendar days from the investigation completion is posted in clear view of
the main facility entrance.
(e)
Compliance file. A
compliance file is accessible to personnel, parents, and others. Items are
originals or copies and are maintained together, with the most recent on top
and all child-identifying information removed. The compliance file includes
items within the last 120-calendar days, at a minimum, from the date on the
document or the investigation completion date on the form, unless requirements
specifically state otherwise. The compliance file only contains:
(1) compliance monitoring from Licensing,
Stars, and tribal agencies, such as;
(A)
monitoring visit forms. Include most recent visit; and
(B) case status information, such as forms
and correspondence regarding:
(i) issuance of
permits and licenses;
(ii)
non-compliances and Stars violations;
(iii) notices to comply;
(iv) complaint findings;
(v) office conferences with Licensing, Stars,
and tribal agencies;
(vi) Stars
alternative settlements and reductions; and
(vii) consent agreements, denials of a
request for a license, and revocations of a license; and
(2) child welfare investigative
summary, regardless of findings. However, confirmed or substantiated findings
are maintained in the file for 12 months;
(3) granted criminal history restriction
waiver notifications. However, notification is maintained in the file for as
long as the individual is employed or is living in the facility; and
(4) other documents indicating placement in
the compliance file.
Amended at 10 Ok Reg
107, eff 10-13-92 (emergency); Amended at 10 Ok Reg 2287, eff 6-11-93; Amended
at 17 Ok Reg 1607, eff 5-25-00; Amended at 25 Ok Reg 22, eff 10-1-07
(emergency); Amended at 25 Ok Reg 1962, eff 7-1-08; Amended at 26 Ok Reg 415,
eff 11-20-08 (emergency); Amended at 26 Ok Reg 2239, eff 7-1-09; Amended at 27
Ok Reg 48, eff 10-1-09 (emergency); Amended at 27 Ok Reg 1869, eff
7-1-10