Current through Vol. 42, No. 1, September 16, 2024
(a)
Purpose. The child-placing agency (agency) purpose or function is
clearly defined in a statement filed with Licensing. This includes the
philosophy, goals and objectives, ages and children accepted for care
characteristics, geographical service area, and services provided.
(b)
Organizational structure.
The agency's legal basis or ownership is fully documented and submitted to
Licensing with the initial request for license.
(1)
Publicly-operated agency.
Documentation of a publicly-operated agency identifies the agency statutory
basis and the governmental entity administrative framework operating the
agency.
(2)
Privately-operated agency. A privately-operated agency submits:
(A) as applicable, the charter, partnership
agreement, constitution, and articles of incorporation resolution authorizing
the agency operation;
(B) the
names, titles, addresses, and phone numbers for:
(i) nonprofit agencies' association members
or corporate officers; or
(ii)
for-profit agencies' owners', partners', or corporate officers';
(C) the physical address in
Oklahoma where child-placing business is conducted; and
(D) a notification informing Licensing prior
to any change in the legal basis for operation or ownership.
(c)
Governing and
advisory boards. Private, nonprofit agencies establish a governing board
and may also have an advisory board. Private, for-profit agencies without a
governing board have an advisory board.
(1)
The governing board:
(A) meets at least twice
annually and maintains accurate meeting minutes;
(B) maintains ultimate responsibility for
governing and delegates responsibility for agency administration to the
executive director;
(C) specifies
in the constitution and bylaws the relationship and responsibilities between
the governing board and executive director, and submits them to
Licensing;
(D) submits to Licensing
a current list of names, titles, addresses, and phone numbers of the governing
board members;
(E) members receive
an orientation to board responsibilities on appointment; and
(F) is composed of a minimum of five members,
the majority of whom:
(i) are not agency
personnel; and
(ii) reside in
Oklahoma. Multi-state operations may have a governing board outside Oklahoma
when they establish local advisory boards meeting the requirements in this
subsection.
(2) The advisory board:
(A) meets at least twice annually;
(B) the member majority:
(i) are not agency personnel; and
(ii) reside in Oklahoma; and
(C) provides advice and counsel to
the agency on the policies and agency operation, reflects local concerns, and
represents the program to the community; and
(D) submits to Licensing a current list of
advisory board members' names, addresses, and phone numbers.
(d)
Policy. Policy requirements in (1) and (2) of this subsection are
met.
(1) Agency policy:
(A) is clearly written and kept
current;
(B) includes, at a
minimum, areas governing personnel, admission, program, behavior management,
and care of children; and
(C) is
available at the agency for Licensing review.
(2) The agency maintains current written
policy and procedure regarding:
(A) a child's
absence without permission. When a child is not located, the agency immediately
notifies the child's custodian and the appropriate law enforcement agency.
Efforts to locate the child and notify appropriate individuals are
documented;
(B) grievance issues
related to children. Grievance policy and procedure are explained, and a copy
is provided to each child and the child's parents or custodian;
(C) religious training made known to the
child and family prior to admission or placement. All children are provided an
opportunity to participate in religious services;
(D) the care of children, including medical
services and safe transportation by personnel, volunteers, and foster parents,
that complies with all applicable state laws; and
(E) reporting child abuse and neglect, per
Section 1-9-119.1 of Title 10A of Oklahoma
Statutes (10A O.S. § 1-9-119.1).
(e)
Notifications. Notifications
are required in (1) through (3) of this subsection.
(1) The agency notifies Licensing:
(A) prior to or within 30-calendar days of an
address change;
(B) on the next
agency business day when:
(i) the agency is
temporarily or permanently closed;
(ii) the executive director
changes;
(iii) damage to the
premises caused by fire, accident, or the elements seriously affects
services;
(iv) changes to liability
insurance coverage are made; or
(v)
a child death occurred while the child was in care; and
(C) prior to making any program
change.
(2) The agency
submits a detailed written report for a serious incident involving personnel or
children including, but not limited to:
(A)
suicide attempts;
(B) injuries
requiring medical treatment;
(C)
runaways;
(D) a crime
committed;
(E) abuse, neglect,
mistreatment, or human trafficking allegations; and
(F) the incident date and time, personnel and
children involved, the incident nature, and surrounding circumstances are
included in the report.
(i) Any person who has
reason to believe a child was abused or neglected, per 10A O.S. § 1-1-105
is required to report the matter promptly to the Oklahoma Human Services
(OKDHS) Child Abuse and Neglect Hotline, 1-800-522-3511, per 10A O.S. §
1-2-101.
(ii) Failure to report
abuse or neglect of a child is a misdemeanor offense and upon conviction is
punishable by law. Failure to report with prolonged knowledge, six months or
more, of ongoing abuse or neglect is a felony offense.
(iii) Per 21 O.S. § 870, every person
having reason to believe that a person or child-placing agency is engaging in
the crime of trafficking in children, per 21 O.S. § 866, reports the
matter promptly to the Oklahoma Bureau of Narcotics and Dangerous Drugs
Control.
(3)
OKDHS notifies agencies of a substantiated finding of heinous and shocking
abuse by a person responsible for a child's health, safety, or welfare, as
defined, per 10A O.S. § 1-1-105. When applicable, the agency owner or
operator provides parents or legal guardian notification using an
OKDHS-provided form.
(A) Notification is:
(i) immediately attempted but not later than
72 hours of notice receipt from OKDHS; and
(ii) provided by certified mail.
(B) The agency maintains the list
of notified parents and legal guardians for at least 12 months.
(f)
Records. Agency records pertaining to child-placing activity are
maintained within the state of Oklahoma and are made immediately accessible to
authorized DHS representatives.
(g)
Legal compliance. The agency follows all applicable state and
federal laws, including:
(1) The Oklahoma
Adoption Code, 10 O.S. §§ 7501-1.1 through 7505-7.2 et
seq.;
(2) The Interstate Compact on
the Placement of Children, 10 O.S. §§ 571 et seq.; and
(3) Federal and state Indian Child Welfare
Acts, Section
1901 et seq. of Title 25 of the
United States Code and 10 O.S. §§ 40 through 40.9.
Amended at 10 Ok Reg
2273, eff 6-11-93; Amended at 13 Ok Reg 997, eff 1-24-96 (emergency); Amended
at 13 Ok Reg 2663, eff 6-28-96; Amended at 15 Ok Reg 764, eff 11-10-97
(emergency); Amended at 15 Ok Reg 1727, eff 5-11-98; Amended at 23 Ok Reg 1092,
eff 6-1-06; 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 1869, eff 7-1-10; Amended at 33
Ok Reg 146, eff 11-2-15 (emergency)
