Current through Vol. 42, No. 1, September 16, 2024
(a)
Legal authority.
(1) Section
1-9-112(D)(1) of Title 10A of the Oklahoma Statutes (10A O.S. §
1-9-112(D)(1)) requires the Office of Client Advocacy (OCA) investigate any
complaint received by the Oklahoma Commission on Children and Youth (OCCY)
Office of Juvenile System Oversight (OJSO) alleging that an Oklahoma Human
Services (OKDHS) or child-placing agency employee threatened a foster parent
with removal of a child from the foster parent, harassed a foster parent,
refused to place a child in a licensed or certified foster home, or disrupted a
child placement as retaliation or discrimination toward a foster parent who
engaged in a protected activity.
(2) 10A O.S. § 1-9-120 requires OCA
establish grievance procedures for foster parents with whom OKDHS or
child-placing agencies contract.
(3) 10A O.S. § 1-9-120 (C) requires OCA
to designate one employee to receive and process foster parent grievances. OCA
designated the FCO. OCA conferred the FCO with responsibility for fulfilling
the duties set forth in (e) of this Section.
(b)
Scope.
(1) The FCO provides services relating to
complaints brought by foster parents against OKDHS or child-placing.
(2) This Section shall not be construed to
include any complaint by the foster parent resulting from an administrative,
civil, or criminal action taken by the employee or child-placing agency for
violations of law or rules, or contract provisions by the foster parent, per
10A O.S. 1-9-120(E)(3).
(c)
Definitions. The definitions
used in this Section are located in Oklahoma Administrative Code (OAC)
340:2-3-2,
340:2-3-45,
and
340:2-3-50.
(d)
Confidentiality. Information
in OCA records relating to complaints filed with the FCO by foster parents is
confidential and protected from unauthorized use. Only authorized individuals
are given access to case records or provided information from these records. A
breach of confidentiality may result in criminal prosecution. Violations by
OKDHS employees can also result in personnel action. The relevant
confidentiality provisions are located at 10A O.S. § 1-6-107 and OAC
340:75-1-42.
(e)
Duties. The FCO is
responsible for:
(1) overseeing and resolving
grievances between foster parents and state agencies or child- placing
agencies, per OAC
340:2-3-50;
(2) referring complaints meeting the criteria
for retaliation, per 10A O.S. § 1-9-112(D)(1) to the OCA Investigative
Unit, per OAC
340:2-3-38;
(3) referring cases for mediation, when
appropriate, per OAC
340:2-3-50(g);
(4) collecting and maintaining data necessary
to identify systemic issues that may be addressed and resolved to improve the
foster care system. In partnership with OCCY, prepares an annual report for the
legislature based on collected data and makes recommendations as appropriate
for improvements of procedures and policies to benefit children and families;
(5) conducting training,
education, and outreach activities for the benefit of those involved in, or
potentially involved in foster care, and maintaining personal accessibility in
order to address questions and concerns;
(6) providing resources and referrals to
interested parties; and
(7)
collaborating with foster parents, CWS, Developmental Disabilities Services,
and OCCY OJSO in efforts to improve the foster care system.
(f)
Initial disposition of
the complaint. Upon receipt, the FCO or designee must examine the
complaint to determine if it meets the criteria for a grievance, retaliation,
harassment, discrimination investigation or if another disposition is
appropriate. Foster parents may file grievances with respect to the provision
or receipt of services.
(1)
Grievable
issues. Except for the limitations listed in OAC
340:2-3-50(h),
matters that can be the subject of a grievance include:
(A) the substance or application of any
policy or rule of OKDHS or its agents; or
(B) any decision or action by an OKDHS
employee or its agents; or
(C) a
violation by an OKDHS or a child-placing agency employee of the Foster Parent
Bill of Rights, per 10A O.S. § 1-9-119.
(2)
Non-grievable issues and
intra-agency referrals. When the FCO or designee determines the
complaint is not grievable, and does not present an issue of retaliation,
harassment, or discrimination suitable for investigation, the FCO or designee
determines if an intra-agency referral is appropriate, makes any necessary
referrals, and closes the file. Foster parent complaints subject to an
intra-agency referral are deemed closed at the time any necessary follow-up is
completed.
(3)
Information
provision. When the complaint meets none of the criteria above, but is
resolvable through the provision of information readily obtainable by the FCO
or designee, the FCO may, at his or her discretion, resolve the complaint by
obtaining the necessary information.
(4)
Preliminary inquiry. When
the information contained in the complaint is insufficient to enable the FCO,
to determine appropriate disposition, a preliminary examination may be
completed.
