Current through Vol. 42, No. 1, September 16, 2024
(a)
Application. This Section describes processes relating to foster
parent grievances. Section 1-9-120 of Title 10A of the Oklahoma Statutes (10A
O.S. § 1-9-120) confers on Oklahoma Human Services (OKDHS) the
responsibility to establish grievance procedures for foster parents contracting
with state agencies or child-placing agencies.
(b)
Definitions. The definitions
in Oklahoma Administrative Code (OAC) OAC
340:2-3-2 and
340:2-3-45(b)
apply to this Section unless the context clearly indicates otherwise.
(c)
Notice of grievance rights.
Form 15GR008E, Notice of Grievance Rights - Foster Parents, is given to each
foster parent when approved as an OKDHS foster parent, at reassessment, and
with each new placement. It is given to the foster parent by the Child Welfare
Services (CWS) specialist assigned to the foster home within two-business days
of the approval, reassessment, or placement. Form 15GR008E is used to explain
the foster parent's right to grieve and to inform the foster parent of the
means through which a grievance may be filed. After the foster parent signs
Form 15GR008E, a copy is given to the foster parent and the original is
maintained in the permanent record for the foster parent.
(d)
Grievance defined. Foster
parents may file grievances with respect to the provision or receipt of
services.
(1)
Grievable issues.
Except for the limitations listed in (d)(2) of this Section, matters that are
the subjects of a grievance include:
(A) the
substance or application of any OKDHS policy, rule, or regulation; or
(B) a decision, act, or omission
of an OKDHS employee.
(2)
Non-grievable issues. When it is determined the foster parent is
asking to grieve a problem or concern covered in OAC
340:2-3-45(c)(2)
or by any of the categories listed in (A) through (G) of this paragraph, the
Office of Client Advocacy (OCA) Intake Unit must notify the Foster Care
Ombudsman (FCO). It is the FCO's or designee's responsibility to notify the
foster parent in writing, why the grievance is not being processed. In addition
to OAC
340:2-3-45(c)(2),
situations that are not grievable by foster parents under this grievance system
are:
(A) a court decision;
(B) findings of a child abuse and neglect
assessment or investigation in a foster home. The process for appealing these
findings is located at OAC
340:75-3-530;
(C) disposition of a fair hearing regarding
closure of a foster home. The fair hearing process regarding closure of a
foster home is located at OAC
340:75-7-94;
(D) disputes with other foster parents;
(E) written plans of compliance.
The foster parents provide written input on the compliance documentation;
(F) a decision not to return a
child in OKDHS custody to a foster home after removal due to a child abuse or
neglect investigation. The fair hearing process is located at OAC
340:75-1-12.6;
and
(G) a complaint alleging
retaliation by an OKDHS employee. When retaliation is alleged, the complaint is
forwarded to the OCA Investigations Unit for review and
disposition.
(3)
Retaliation or harassment allegations. Retaliation or harassment
allegations, per OAC
340:2-3-38(b),
are processed, per that Section.
(4)
Discrimination allegations.
Discrimination or non-compliance allegations based on race, color, national
origin, sex, age, religion, disability, political affiliation or opinion, or
genetic information unless authorized by law are referred to the OKDHS Office
for Civil Rights and the FCO immediately forwards the complaint to the OKDHS
OCR administrator, and informs the foster parent in
writing.
(e)
Filing
and processing a grievance.
(1) Foster
parent grievances are filed with the Oklahoma Commission on Children and Youth
(OCCY) Office of Juvenile System Oversight. Foster parent dispute resolutions
must be accomplished quickly, informally, and at the lowest possible
level.
(2) Foster parent grievances
must be filed within 45-calendar days of the event. For a grievance to be
considered valid, a complaint must be timely filed at OKfosterparentvoices.org.
When a course of misconduct is alleged, the foster parent grievance must be
filed within 45-calendar days of the most recent occurrence.
(3) After the grievance procedure is
completed, a foster parent or former foster parent has a right of access to the
record of grievances he or she filed.
(4) Foster parent grievances are deemed
timely-resolved within no more than 60-calendar days of the complaint filing
date.
(f)
Initial
Resolution Level.
(1) Within
three-business days following receipt of the grievance, the FCO identifies the
respondent and submits the grievance and supporting documentation to the
respondent.
(2) The FCO monitors
the respondent for a timely response. Within three-business days following
receipt of the grievance from the FCO, the respondent reviews the grievance,
prepares a proposed resolution, and submits the resolution to the FCO. The FCO
may grant an extension to the respondent, when requested. When a timely
response is not received the FCO may proceed to first elevation.
(3) Within three-business days following
receipt of the respondent's proposed resolution, the FCO or designee sends
written notice to the decision-maker containing the proposed resolution and
information on the right to elevate the grievance when dissatisfied with the
proposed resolution.
(4) The
decision-maker has three-business days to accept or reject the proposed
resolution. Failure to respond to the proposed resolution is deemed acceptance
of the resolution. When the decision-maker rejects the respondent's resolution
at the initial resolution level, the grievance proceeds to the first elevation
unless the decision-maker requests mediation.
(g)
Foster parent mediation.
When the decision-maker rejects the respondent's proposed resolution, the
decision-maker may request grievance mediation.
(1) When the decision-maker chooses not to
request mediation after rejecting the respondent's proposed resolution, the
grievance proceeds to the first elevation.
(2) When the decision-maker requests
mediation, all deadlines are suspended while mediation is ongoing. When a
foster parent requests an extension in order to pursue mediation through OCCY
Foster Parent Mediation Program, per 10 O.S. § 601.6, the FCO must grant
the requested extension. The grievance is not processed until mediation is
completed, and grievance timeframes are suspended for the duration of the
mediation. When mediation resolves the original grievance, the foster parent(s)
may withdraw the grievance or the FCO may declare the grievance
administratively resolved. When a foster parent grieves and requests mediation
of the dispute through the OCCY mediation program before filing a grievance
alleging retaliation, the FCO computes deadlines from the date mediation
concluded.
(3) When the grievance
is not resolved through mediation, the grievance proceeds to the first
elevation.
(h)
First elevation.
(1) Within
three-business days after the grievant requests first elevation, the FCO
identifies the first elevation respondent and submits the complaint and
supporting documentation to the first elevation respondent.
(2) The FCO monitors timely response by the
first elevation respondent. Within five-business days following receipt of the
grievance from the FCO, the first elevation respondent reviews the grievance,
prepares a proposed resolution, and submits the resolution to the FCO. The FCO
may grant an extension to the respondent, when requested. When a timely
response is not received the FCO may proceed to the second elevation.
(3) Within three-business days
following receipt of the first elevation respondent's proposed resolution, the
FCO sends written notice including the proposed resolution and information on
the grievant's right to elevate the grievance when the decision-maker is
dissatisfied with the proposed resolution.
(4) The decision-maker has three-business
days to accept or reject the proposed resolution. Failure to respond to the
proposed resolution is deemed acceptance of the resolution. When the
decision-maker opts to reject the first elevation respondent's proposed
resolution, the grievance proceeds to the second elevation.
(i)
Second elevation.
(1) Within three-business days after the
decision-maker requests a second elevation, the FCO prepares and sends (A)
through (D) of this paragraph to the State Office administrator with
decision-making authority to respond to the subject of the grievance. The FCO
sends:
(A) a copy of the complaint;
(B) all prior proposed
resolutions;
(C) all of the
decision-maker's responses to all prior proposed resolutions; and
(D) instructions for response, including any
relevant deadlines.
(2)
Within seven-business days following receipt of the grievance from the FCO, the
State Office administrator reviews the grievance, interviews the foster parent
and any other necessary persons, prepares a proposed resolution, and submits
the resolution to the FCO. The proposed resolution must be on OKDHS letterhead
and include:
(A) the proposed resolution and
implementation;
(B) the person or
persons responsible for implementing the proposed resolution;
(C) the target date for the proposed
resolution;
(D) the facts and
analysis supporting the proposed resolution including relevant documentation;
and
(E) any relevant rules,
policies, procedures, regulations, or other information.
(3) The FCO monitors the timely response by
the State Office administrator. The FCO may grant an extension, when requested.
When a timely response is not received, the FCO may proceed to the Grievance
and Review Committee (GARC), per OAC
340:2-3-64(b).
The FCO notifies the grievant and the affected State Office administrator that
the grievance is being processed for GARC.
(4) Within three-business days following
receipt of the proposed resolution, the FCO sends written notice to the
decision-maker containing the proposed resolution and information on the right
to elevate the grievance when dissatisfied with the proposed
resolution.
(5) The decision-maker
has three-business days to accept or reject the proposed resolution. Failure to
respond to the proposed resolution is deemed acceptance of said resolution.
When the decision-maker rejects the State Office administrator's proposed
resolution, the grievance proceeds to GARC.
(j)
GARC review. A GARC review
is conducted, per OAC
340:2-3-64.
Added at 18 Ok Reg 3435, eff 7-1-01 (emergency); Added
at 19 Ok Reg 1117, eff 5-13-02 ; Amended at 20 Ok Reg 1994, eff 7-1-03 ;
Amended at 21 Ok Reg 2330, eff 6-25-04 ; Amended at 22 Ok Reg 1180, eff 5-26-05
; Amended at 23 Ok Reg 1776, eff 6-11-06 ; Amended at 24 Ok Reg 978, eff 7-1-07
; Amended at 25 Ok Reg 1935, eff 7-1-08 ; Amended at 26 Ok Reg 2195, eff 7-1-09
; Amended at 30 Ok Reg 618, eff 7-1-13
