Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 75 - Child Welfare Services
Subchapter 11 - Child Welfare Community-Based Residential Care
Part 17 - CONTRACTED COMMUNITY-BASED RESIDENTIAL CARE PROVIDERS
Section 340:75-11-240 - General requirements for contracted community-based residential care (CBRC) placement providers

(1) maintain a written case record on each child that documents all services provided or obtained for the child while in placement;

(2) implement and review an individualized treatment plan for each child in placement, with documented input from the child's assigned child welfare (CW) specialist, according to the requirements set forth in the Oklahoma Human Services (OKDHS) contract;

(3) assume responsibility for basic needs maintenance of each child placed;

(4) ensure the safety, supervision, protection, and provision of necessary medical or psychological care and treatment for each child receiving services from the facility or provider is individualized to the child's specific needs. The placement provider or facility cooperates with any inspection, investigation, evaluation, plan for immediate safety, or corrective action plan OKDHS or the Office of Client Advocacy makes and provides all ongoing assistance necessary to ensure child safety, protection, and well-being;

(5) accept responsibility for a reasonable knowledge of the child's whereabouts at all times.

(6) ensure the child timely receives all needed routine, specialized, and emergency medical care provided by a medical provider who accepts Medicaid payment.

(7) notify the assigned CW specialist and the CW facility liaison of any accidental or non-accidental injuries the child sustains;

(8) ensure the child has the opportunity to engage in religious and cultural observations, per OAC 340:75-6-49.

(9) develop and implement written policy and procedures regarding each child's access to legal counsel, court-appointed special advocate, OKDHS staff, phone, email, mail, and visitation, per OAC 340:75-11-237;

(10) develop and implement written policy and procedures regarding securing and safeguarding each child's property and funds, the disbursement of allowances, and items allowed and not allowed into the placement;

(11) ensure each child is discharged with all personal items and clothing;

(12) obtain prior approval from the assigned CW specialist any time the child travels overnight outside of the state of placement, per OAC 340:75-6-89;

(13) develop and implement written policy and procedures defining situations in which any person, other than family members previously approved by the assigned CW specialist, may take the child away from the placement on a day pass, not to exceed six hours, without the provider's supervision. The provider:

(14) develop and implement written policy and procedures that prohibit the utilization of children for commercial purposes;

(15) submit written reports to the child's assigned CW specialist describing the child's stay in placement, progress toward meeting identified treatment goals, education, and medical care on a quarterly basis, or more frequently when requested for court hearings, and file a copy of the reports in the child's case record;

(16) develop and implement written policy and procedures for discipline that comply with OAC 340:75-7-38 and 10A O.S. § 1-7-105 that prohibit the use of solitary confinement, separation programs, use of mechanical restraints, and administration of medicine as discipline or control.

(17) ensure all employees are trained in an approved, non-pain producing, passive, positive youth development curriculum;

(18) develop and implement written policy and procedures that require the contractor, and all contractor employees, having reason to believe any child in placement was subjected to physical abuse, neglect, or both, to report the matter to the OKDHS Abuse and Neglect Hotline (Hotline).

(19) develop and implement written rules and procedures that prohibit the:

(20) develop and implement written policy and procedures for resolving grievances by recipients of the services provided under the contract regarding the substance or application of the contractor's written or unwritten policies or procedures, or any decision, act, or omission the contractor or the contractor's employees or agents make. The contractor:

(21) develop and implement written policy and procedures that certify compliance in providing or continuing to provide a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988;

(22) develop and implement written policy and procedures to maintain strict confidentiality standards regarding children in placement in compliance with OKDHS requirements regarding the absolute protection, use, and release of personal client information, per 10A O.S. § 1-6-107 and OAC 340:75-1-42 through 340:75-1-46, and professional standards. The contractor agrees to maintain confidentiality of all personal information about children served, including lists of names, addresses, photographs, records of evaluation, and all other records about each child;

(23) submit monthly and annual reports to Child Welfare Services (CWS) Specialized Placements and Partnerships Unit (SPPU) program staff to provide an overview of the provider's activities;

(24) plan and coordinate each child's discharge with the assigned CW specialist and provide a minimum 48-hour notice to discharge, except in medical or psychiatric emergencies. Prior to the provider implementing the discharge plan, the assigned CW specialist approves the contractor's recommendation for discharge;

(25) submit a written discharge summary to the assigned CW specialist within 30-calendar days of discharge and file a copy in the child's case record, including a summary of treatment services, child's progress on treatment goals, reason for discharge, and recommendations for future placements and services for the child's treatment needs;

(26) ensure all staff complies, as applicable, with the minimum licensing standards defined in the Child Care Services OKDHS Publication No. 86-78, Licensing Requirements for Residential Child Care Facilities;

(27) ensure all staff complies with the staffing requirements mandated in the contract that are in addition to the minimum staffing requirements in OKDHS Publication No. 86-78, Licensing Requirements. When the provider's actual staffing ratio differs from the requirements set forth in the contract, the provider submits a written plan to CWS SPPU program staff that defines the contractor's proposed staffing pattern, timeframe for the differing ratio, and clearly illustrates how each of the staffing functions is provided;

(28) fill vacant positions required by the OKDHS contract within 30-calendar days of the position becoming vacant. The contractor notifies CWS SPPU program staff in writing:

(29) develop and implement written policy and procedure regarding corrective discipline for employees;

(30) notify CWS SPPU program staff immediately by phone and in writing within one-business day, per OAC 340:110-3-152(f), of any critical incidents, such as:

(31) provide an on-site educational program, when required by terms of the OKDHS contract and provide a 60-calendar day notice to the local school board prior to the facility opening, per 70 O.S. § 1-113; and

(32) maintain a current Life Book, in a format separate from the provider's case record, for each child placed, regardless of the child's age, that documents the child's stay in care and provides continuity throughout the child's life, per OAC 340:75-7-37. The provider:

(33) ensure that at least one facility employee is designated and authorized to apply the reasonable and prudent parent standard to decisions involving the child's participation in age-appropriate or developmentally-appropriate activities and the authorized employee is provided with training on how to use and apply the reasonable and prudent parent standard.